Md. Code, Health-Gen. § 10-622

Emergency evaluation and involuntary admission (Health-General Title 10, Subtitle 6)

This Maryland statute establishes the procedure for filing a petition for emergency psychiatric evaluation of an individual believed to have a mental disorder who presents a danger to themselves or others. It specifies who may petition (licensed clinicians, peace officers, or other interested persons), what information the petition must contain, and how the petition must be submitted to a peace officer. Facility operators should be aware that this process governs how individuals may be brought for emergency evaluation, which may result in involuntary admission to a psychiatric facility.

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Article - Health - General 
 
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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) 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, psychologist, physician assistant, clinical 
social worker, licensed clinical professional counselor, cl inical 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. 
 
 (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; 

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 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 emerg ency 
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, physician assistant, 
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, health officer, or d esignee of a health officer 
shall give the petition to a peace officer. 
 
 (2) The peace officer shall explain to the petitioner: 

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 (i) The serious nature of the petition; and 
 
 (ii) The meaning and content of the petition. 
 
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