Ch. 315

2004 LAWS OF MARYLAND

10-623.

(a)     If the petitioner under Part IV of this subtitle is not a physician, a
psychologist, a clinical social worker, a licensed clinical professional counselor,
CLINICAL NURSE SPECIALIST IN PSYCHIATRIC AND MENTAL HEALTH NURSING,
PSYCHIATRIC NURSE PRACTITIONER, a health officer or designee of a health officer,
or a peace officer, the petitioner shall present the petition to the court for immediate
review.

(b)     After review of the petition, the court shall endorse the petition if the court
finds probable cause to believe that the emergency evaluee has shown the symptoms
of a mental disorder and that the individual presents a danger to the life or safety of
the individual or of others.

(c)      If the court does not find probable cause, the court shall indicate that fact
on the petition, and no further action may be taken under the petition.

10-624.

(a) (1) A peace officer shall take an emergency evaluee to the nearest
emergency facility if the peace officer has a petition under Part IV of this subtitle
that:

(i) Has been endorsed by a court within the last 5 days; or

(ii) Is signed and submitted by a physician, a psychologist, a clinical
social worker, a licensed clinical professional counselor, CLINICAL NURSE SPECIALIST
IN PSYCHIATRIC AND MENTAL HEALTH NURSING, PSYCHIATRIC NURSE
PRACTITIONER, a health officer or designee of a health officer, or a peace officer.

(2)     After a peace officer takes the emergency evaluee to an emergency
facility, the peace officer need not stay unless, because the emergency evaluee is
violent, a physician asks the supervisor of the peace officer to have the peace officer
stay.

(3)     A peace officer shall stay until the supervisor responds to the request
for assistance. If the emergency evaluee is violent, the supervisor shall allow the
peace officer to stay.

(4)     If a physician asks that a peace officer stay, a physician shall
examine the emergency evaluee as promptly as possible.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2004.

Approved May 11, 2004.

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