ROBERT L. EHRLICH, JR., Governor                             Ch. 441

FOR the purpose of modifying certain standards for emergency evaluations of
individuals with mental disorders; authorizing certain individuals who make a
petition for emergency evaluation to base the petition on certain information;
modifying the required elements of a petition for emergency evaluation; and
generally relating to emergency evaluations of individuals with mental
disorders.

BY repealing and reenacting, with amendments,
Article - Health - General
Section 10-622, 10-623, and 10-626
Annotated Code of Maryland
(2000 Replacement Volume and 2002 Supplement)

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

Article - Health - General

10-622.

(a)     A petition for emergency evaluation of an individual may be made under
this section only if the petitioner has reason to believe that the individual:

(1)     [has] HAS a mental disorder [and that there is clear and imminent
danger of the individual's doing bodily harm to the individual or another]; AND

(2)     THE INDIVIDUAL PRESENTS A DANGER TO THE LIFE OR SAFETY OF
THE INDIVIDUAL OR OF OTHERS.

(b)     (1) The petition for emergency evaluation of an individual may be made
by:

[(1)] (I) A physician, a psychologist, a clinical social worker, a licensed
clinical professional counselor, or a health officer or designee of a health officer who
has examined the individual;

[(2)] (II) A peace officer who personally has observed the individual OR
THE INDIVIDUAL'S BEHAVIOR; or

[(3)] (III) Any other interested person.

(2) AN INDIVIDUAL WHO MAKES A PETITION FOR EMERGENCY
EVALUATION UNDER PARAGRAPH (1)(I) OR (II) OF THIS SUBSECTION MAY BASE THE
PETITION ON:

(I)      THE EXAMINATION OR OBSERVATION; OR

(II)     OTHER INFORMATION OBTAINED THAT IS PERTINENT TO THE
FACTORS GIVING RISE TO THE PETITION.

(c)      (1) A petition under this section shall:

(i) Be signed and verified by the petitioner;

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