Ch. 208                                     1993 LAWS OF MARYLAND

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Estates and Trusts

13-709.

(a)     When, from personal observation of a law enforcement officer, it appears
probable that an adult will suffer immediate and serious physical injury or death if not
immediately placed in a health care facility, that the adult is incapable of giving consent,
and that it is not possible to follow the procedures of this section, the officer shall
transport the person to an appropriate medical facility which shall immediately notify the
next of kin and the director. This medical care may not be rendered in a State mental
hospital other than, in an appropriate case, the Walter P. Carter Community Mental
Health and Retardation Center and the Highland Health Facility unless authorized by
the courts in a civil commitment proceeding. The director shall file a petition pursuant to
subsection (b) below within 24 hours after the transfer of the person has taken place. The
court shall hold a hearing on the petition and render its decision within 48 hours after the
transfer has occurred.

(b)     Upon petition by an interested person, a court may issue an order authorizing
the provision of protective services on an emergency basis to an adult after finding on the
record, based on clear and convincing evidence, that:

(1)     For the purpose of this section the person lacks capacity under the
standards enumerated in § 13-705(b);

(2)     An emergency exists, as defined in § 13-101; and

(3)     No person authorized by law or court order to give consent for the
person is available to consent to emergency services.

(c)     In issuing an emergency order, the court shall adhere to the following
limitations:

(1)     Only such protective services as are necessary to remove the conditions
creating the emergency shall be ordered; the court shall specifically designate the
approved services in its order;                                           

(2)     Protective services authorized by an emergency order shall not include
hospitalization or a change of residence unless the court specifically finds such action is
necessary and gives specific approval for such action in its order;

(3)     Protective services may be provided [through an emergency order for
only 72 hours. The original order may be renewed once for a 72-hour period upon a
showing to the court that continuation of the original order is necessary to remove the
emergency] UNDER AN INITIAL EMERGENCY ORDER FOR NOT MORE THAN 144
HOURS, AND THE INITIAL ORDER MAY BE RENEWED AS PROVIDED IN PARAGRAPH
(5) OF THIS SUBSECTION;

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