Rules pertaining to mental health commitments in Maryland
It appears that Maryland does not commit individuals for mental health reasons without some form of a hearing.
The material below begins with Maryland's Public Health Article web page:
http://mlis.state.md.us/cgi-win/web_statutes.exe?ghg&10-601
and runs though the page at:
http://mlis.state.md.us/cgi-win/web_statutes.exe?ghg&10-633
Commitment rules are in Section 10-632.
Article - Health - General
§ 10-601.
(a) In this subtitle the following words have the meanings indicated.
(b) "Clinical social worker" means an individual who is licensed under Title 19 of the Health Occupations Article to practice clinical social work.
(c) "Licensed clinical professional counselor" means an individual who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical professional counseling.
(d) "Physician" means an individual who is licensed under Title 14 of the Health Occupations Article to practice medicine in this State.
(e) "Psychologist" means an individual who is:
(1) Licensed under Title 18 of the Health Occupations Article; and
(2) Listed in the National Register of Health Service Providers in Psychology.
§ 10-602.
A facility or a Veterans' Administration hospital may admit an individual, as provided in this subtitle.
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§ 10-616.
(a) (1) A certificate for involuntary admission of an individual under Part III of this subtitle shall:
(i) Be based on the personal examination of the physician or psychologist who signs the certificate; and
(ii) Be in the form that the Secretary adopts, by rule or regulation.
(2) The rules and regulations shall require the form to include:
(i) A diagnosis of a mental disorder of the individual;
(ii) An opinion that the individual needs inpatient care or treatment; and
(iii) An opinion that admission to a facility or Veterans' Administration hospital is needed for the protection of the individual or another.
(b) A certificate may not be used for admission if the examination on which the certificate is made was done:
(1) More than 1 week before the certificate is signed; or
(2) More than 30 days before the facility or the Veterans' Administration hospital receives the application for admission.
(c) A certificate may not be used for an admission if the physician or psychologist who signed the certificate:
(1) Has a financial interest, through ownership or compensation, in a proprietary facility and admission to that proprietary facility is sought for the individual whose status is being certified; or
(2) Is related, by blood or marriage, to the individual or to the applicant.
§ 10-617.
(a) A facility or Veterans' Administration hospital may not admit the individual under Part III of this subtitle unless:
(1) The individual has a mental disorder;
(2) The individual needs inpatient care or treatment;
(3) The individual presents a danger to the life or safety of the individual or of others;
(4) The individual is unable or unwilling to be admitted voluntarily; and
(5) There is no available, less restrictive form of intervention that is consistent with the welfare and safety of the individual.
(b) (1) In addition to the limitations in subsection (a) of this section, a State facility may not admit an individual who is 65 years old or older unless a geriatric evaluation team determines that there is no available, less restrictive form of care or treatment that is adequate for the needs of the individual.
(2) If admission is denied because of the determination of the geriatric evaluation team, the team shall:
(i) Inform the applicant; and
(ii) Help the applicant obtain the less restrictive form of care or treatment that the team finds would be adequate for the needs of the individual.
§ 10-618.
(a) A person who applies for involuntary admission of an individual shall have the immunity from liability described under § 5-623(b) of the Courts and Judicial Proceedings Article.
(b) A facility or Veterans' Administration hospital that acts in compliance with the provisions of Part III of this subtitle shall have the immunity from liability described under § 5-623(c) of the Courts and Judicial Proceedings Article.
(c) An agent or employee of a facility or Veterans' Administration hospital who acts in compliance with the provisions of Part III of this subtitle shall have the immunity from liability described under § 5-623(d) of the Courts and Judicial Proceedings Article.
§ 10-619.
Within 12 hours of notification by a physician or licensed psychologist who has certified an individual under Part III of this subtitle, a facility operated by the Department of Health and Mental Hygiene shall receive and evaluate the individual certified for involuntary admission if:
(1) The individual's involuntary admission is not limited by § 10-617 of this subtitle;
(2) An application for admission has been completed;
(3) A certifying physician or psychologist is unable to place the individual in a facility not operated by the Department; and
(4) The Department is unable to provide for the placement of the person other than in a facility operated by the Department.
§ 10-620.
(a) In Part IV of this subtitle the following words have the meanings indicated.
(b) "Court" means a district or circuit court of this State.
(c) "Emergency evaluee" means an individual for whom an emergency evaluation is sought or made under Part IV of this subtitle.
(d) (1) "Emergency facility" means a facility that the Department designates, in writing, as an emergency facility.
(2) "Emergency facility" includes a licensed general hospital that has an emergency room, unless the Department, after consultation with the health officer, exempts the hospital.
(e) (1) "Mental disorder" means the behavioral or other symptoms that indicate:
(i) To a lay petitioner who is submitting an emergency petition, a clear disturbance in the mental functioning of another individual; and
(ii) To the following health professionals doing an examination, at least one mental disorder that is described in the version of the American Psychiatric Association's "Diagnostic and Statistical Manual - Mental Disorders" that is current at the time of the examination:
1. Physician;
2. Psychologist;
3. Clinical social worker;
4. Licensed clinical professional counselor;
5. Clinical nurse specialist in psychiatric and mental health nursing (APRN/PMH); or
6. Psychiatric nurse practitioner (CRNP-PMH).
(2) "Mental disorder" does not include mental retardation.
(f) "Peace officer" means a sheriff, a deputy sheriff, a State police officer, a county police officer, a municipal or other local police officer, or a Secret Service agent who is a sworn special agent of the United States Secret Service or Department of Homeland Security authorized to exercise powers delegated under 18 U.S.C. § 3056.
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§ 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.
(b) (1) The petition for emergency evaluation of an individual may be made by:
(i) 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, or a 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.
(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;
(ii) State the petitioner's:
1. Name;
2. Address; and
3. Home and work telephone numbers;
(iii) State the emergency evaluee's:
1. Name; and
2. Description;
(iv) State the following information, if available:
1. The address of the emergency evaluee; and
2. The name and address of the spouse or a child, parent, or other relative of the emergency evaluee or any other individual who is interested in the emergency evaluee;
(v) If the individual who makes the petition for emergency evaluation is an individual authorized to do so under subsection (b)(1)(i) of this section, contain the license number of the individual;
(vi) Contain a description of the behavior and statements of the emergency evaluee or any other information that led the petitioner to believe that the emergency evaluee has a mental disorder and that the individual presents a danger to the life or safety of the individual or of others; and
(vii) Contain any other facts that support the need for an emergency evaluation.
(2) The petition form shall contain a notice that the petitioner:
(i) May be required to appear before a court; and
(ii) Makes the statements under penalties of perjury.
(d) (1) A petitioner who is a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, health officer, or designee of a health officer shall give the petition to a peace officer.
(2) The peace officer shall explain to the petitioner:
(i) The serious nature of the petition; and
(ii) The meaning and content of the petition.
§ 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.
(b) (1) If the petition is executed properly, the emergency facility shall accept the emergency evaluee.
(2) 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.
(3) 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.
(4) An emergency evaluee may not be kept at an emergency facility for more than 30 hours.
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§ 10-631.
(a) The Administration shall prepare and provide each facility with standard forms that provide, in clear and simple words, at least the following information:
(1) Notice of the admission of the individual;
(2) The right of the individual to consult with a lawyer that the individual chooses;
(3) The availability of the services of the legal aid bureaus, lawyer referral services, and other agencies that exist for the referral of individuals who need legal counsel;
(4) The right of the individual to call or write a lawyer or a referral agency or to have someone do so on behalf of the individual; and
(5) In substance:
(i) Those provisions of this subtitle under which the individual is admitted;
(ii) The provisions of this section; and
(iii) The provisions of Subtitle 7 of this title.
(b) (1) Within 12 hours after initial confinement of an individual to any facility or a Veterans' Administration hospital, the form provided for in this section shall be read and given to the individual.
(2) If the individual does not understand the notice required by this section and its legal effect, the notice also shall be given to:
(i) The parent, guardian, or next of kin of the individual;
(ii) The applicant for an involuntary admission of the individual; and
(iii) Any other individual who has a significant interest in the status of the individual.
(3) In any event, if possible, notice of the admission shall be given to the parent, guardian, or next of kin of the individual. Notice of the admission of a minor shall be given as promptly as possible.
(c) The form shall be read in English or, if the individual does not understand English, in the language or manner best calculated to inform the individual of the applicable provisions of the law.
(d) The facility shall keep in the individual's records a copy of the form and a certification of the administrative head of the facility as to the compliance with this section.
(e) Notice under this section shall be given again to an individual when:
(1) A new application is made under this subtitle for a voluntary admission; and
(2) New certificates are made under this subtitle for an involuntary admission.
§ 10-632.
(a) Any individual proposed for involuntary admission under Part III of this subtitle shall be afforded a hearing to determine whether the individual is to be admitted to a facility or a Veterans'
Administration hospital as an involuntary patient or released without being admitted.
(b) The hearing shall be conducted within 10 days of the date of the initial confinement of the individual.
(c) (1) The hearing may be postponed for good cause for no more than 7 days, and the reasons for the postponement shall be on the record.
(2) A decision shall be made within the time period provided in paragraph (1) of this subsection.
(d) The Secretary shall:
(1) Adopt rules and regulations on hearing procedures; and
(2) Designate an impartial hearing officer to conduct the hearings.
(e) The hearing officer shall:
(1) Consider all the evidence and testimony of record; and
(2) Order 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.
(f) The parent, guardian, or next of kin of an individual involuntarily admitted under this subtitle:
(1) Shall be given notice of the hearing on the admission; and
(2) May testify at the hearing.
§ 10-633.
(a) The Board of Review does not have jurisdiction to review the determination of a hearing officer on an involuntary admission under this subtitle.
(b) The determination of the hearing officer is a final decision of the Department for the purpose of judicial review of a final decision under the Administrative Procedure Act.