Maryland Severe Mental Illness Information, Laws, & Helpful Resources

MD. CODE ANN., HEALTH-GEN. § 10-622(b)(1). The petition for emergency evaluation of an individual may be made by: (i) A physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, or health officer or designee of a health officer who has examined the individual; (ii) A peace officer who personally has observed the individual or the individual's behavior; or (iii) Any other interested person. MD. CODE ANN., HEALTH-GEN. § 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 a mental disorder; and (2) The individual presents a danger to the life or safety of the individual or of others. Md. Health-General Code Ann. § 10-624. Emergency Facility. (b) (3) Within 6 hours after an emergency evaluee is brought to an emergency facility, a physician shall examine the emergency evaluee, to determine whether the emergency evaluee meets the requirements for involuntary admission. (4) Promptly after the examination, the emergency evaluee shall be released unless the emergency evaluee: (i) Asks for voluntary admission; or (ii) Meets the requirements for involuntary admission. (5) An emergency evaluee may not be kept at an emergency facility for more than 30 hours. Md. Health-General Code Ann. § 10-624. Emergency Involuntary Admission. (a) If an emergency evaluee meets the requirements for an involuntary admission and is unable or unwilling to agree to a voluntary admission under this subtitle, the examining physician shall take the steps needed for involuntary admission of the emergency evaluee to an appropriate facility, which may be a general hospital with a licensed inpatient psychiatric unit. (b) (1) If the examining physician is unable to have the emergency evaluee admitted to a facility, the physician shall notify the Department. (2) Within 6 hours after notification, the Department shall provide for admission of the emergency evaluee to an appropriate facility. (c) (1) Within 30 hours after the emergency facility completes an application for the involuntary admission of an emergency evaluee, the emergency facility shall notify the Mental Health Division in the Office of the Public Defender, by e-mail or facsimile, of the completion of the application. (2) The notice required under paragraph (1) of this subsection shall include any legal documents relating to the acceptance of the emergency evaluee into the emergency facility, including the emergency petition, application for involuntary admission, and certification for involuntary admission. (3) The notice required under paragraph (1) of this subsection does not apply to a patient who agrees to voluntary admission.

MD. CODE ANN., HEALTH-GEN. § 10-614(a). Except [where the individual alleged to require involuntary admission is currently a state prison inmate], application for involuntary admission of an individual … may be made … by any person who has a legitimate interest in the welfare of the individual. MD. CODE ANN., HEALTH-GEN. § 10-615(6). Each application for involuntary admission shall be “accompanied by the certificates of: (i) 1 physician and 1 psychologist; (ii) 2 physicians; (iii) 1 physician and 1 psychiatric nurse practitioner; (iv) 1 physician and 1 licensed certified social worker-clinical; or (v) 1 physician and 1 licensed clinical professional counselor;” MD. CODE ANN., HEALTH-GEN. § 10-632(e)(2). The hearing officer shall [o]rder the release of the individual from the facility unless the record demonstrates by clear and convincing evidence that at the time of the hearing each of the following elements exist as to the individual whose involuntary admission is sought: (i) The individual has a mental disorder; (ii) The individual needs in-patient care or treatment; (iii) The individual presents a danger to the life or safety of the individual or of others; (iv) The individual is unable or unwilling to be voluntarily admitted to the facility; (v) There is no available less restrictive form of intervention that is consistent with the welfare and safety of the individual; and (vi) If the individual is 65 years old or older and is to be admitted to a State facility, the individual has been evaluated by a geriatric evaluation team and no less restrictive form of care or treatment was determined by the team to be appropriate.

The Maryland General Assembly passed a bill authorizing outpatient civil commitment this legislative session. The grade sheet will be updated upon final enrollment. Congratulations, Maryland!