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*sb0707*
SENATE BILL 707
J1 (6lr2349)
ENROLLED BILL
— Finance/Health —
Introduced by Senators Ready, Gile, Carozza, Ellis, Hester, Lewis Young, McKay,
Muse, and Salling Salling, James, and Hershey
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at ________________________ o’clock, ________M.
______________________________________________
President.
CHAPTER ______
AN ACT concerning 1
Mental Health Law – Definition of Danger to the Life or Safety of the Individual 2
or of Others – Definition and Reports on Emergency Evaluation Petitions – 3
Definition 4
(Right to Treatment) 5
FOR the purpose of defining “danger to the life or safety of the individual or of others” for 6
purposes of the involuntary admission of individuals with mental disorders to a 7
facility or Veterans’ Administration hospital and the emergency evaluation of 8
individuals with mental disorders; requiring the Behavioral Health Administration 9
to submit to the General Assembly certain reports regarding the use of petitions for 10
emergency evaluation ; and generally relating to involuntary admissions and 11
emergency evaluations of individuals with mental disorders. 12
BY repealing and reenacting, with amendments, 13
2 SENATE BILL 707
Article – Health – General 1
Section 10–601 2
Annotated Code of Maryland 3
(2023 Replacement Volume and 2025 Supplement) 4
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEM BLY OF MARYLAND, 5
That the Laws of Maryland read as follows: 6
Article – Health – General 7
10–601. 8
(a) In this subtitle the following words have the meanings indicated. 9
(b) “Clinical social worker” means an individual who is licensed under Title 19 of 10
the Health Occupations Article to practice clinical social work. 11
(C) “DANGER TO THE LIFE OR SAFETY OF THE INDIVIDUAL OR OF OTHERS” 12
MEANS THERE IS , AS A RESULT OF A MEN TAL DISORDER , A SUBSTANTIAL RISK , 13
WHETHER OR NOT THE RISK IS IMMINENT BASED ON CONDUCT THAT IS RECENT AND 14
RELEVANT TO THE DANG ER THAT THE INDIVIDU AL MAY PRESENT AND IN 15
CONSIDERATION OF THE INDIVIDUAL’S CURRENT CONDITION AND, IF AVAILABLE, 16
RECENT PERSONAL, MEDICAL, AND PSYCHIATRIC HIST ORY, THAT AS A RESULT OF 17
THE MENTAL DISORDER THE INDIVIDUAL WILL: 18
(1) CAUSE SERIOUS BODILY HARM TO THE INDIVIDUAL OR ANOTHER 19
INDIVIDUAL; OR 20
(2) ENGAGE IN CONDUCT THA T WILL RESULT IN CRI MINAL JUSTICE 21
INVOLVEMENT; 22
(3) (2) BE UNABLE , EXCEPT FOR REASONS O F INDIGENCE , TO 23
PROVIDE FOR THE INDI VIDUAL’S BASIC NE EDS, INCLUDING FOOD , CLOTHING, 24
SHELTER, MEDICAL CARE, SELF–PROTECTION, OR SAFETY, TO SUCH A DEGREE AS 25
TO CREATE A SUBSTANTIAL RISK OF SERIOUS BODILY HARM, SERIOUS ILLNESS, OR 26
DEATH IN THE NEAR FUTURE.; OR 27
(4) SUFFER SUBSTANTIAL DE TERIORATION OF THE I NDIVIDUAL’S 28
JUDGMENT, REASONING, OR ABILITY TO CONTROL BEHAVIOR, PROVIDED THAT THE 29
INDIVIDUAL IS CURREN TLY SUBSTANTIALLY IM PAIRED IN THE INDIVI DUAL’S 30
ABILITY TO MAKE A RA TIONAL AND INFORMED DECISION AS TO WHETH ER TO 31
SUBMIT TO TREATMENT, THAT WILL LIKELY RES ULT IN THE INDIVIDUA L MEETING 32
ONE OF THE CRITERIA ENUMERATED UNDER THIS SUBSECTION. 33
SENATE BILL 707 3
[(c)] (D) “Electronic record” means a document communicated, received, or 1
stored by electronic means. 2
[(d)] (E) “Licensed clinical marriage and family therapist” means an individual 3
who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice 4
clinical marriage and family therapy. 5
[(e)] (F) “Licensed clinical professional counselor” means an individu al who is 6
licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical 7
professional counseling. 8
[(f)] (G) “Physician” means an individual who is licensed under Title 14 of the 9
Health Occupations Article to practice medicine in this State. 10
[(g)] (H) “Psychiatric nurse practitioner” means an individual who is: 11
(1) Licensed as a registered nurse and certified as a nurse practitioner 12
under Title 8 of the Health Occupations Article; and 13
(2) Practicing in the State as a certified registered nurse 14
practitioner–psychiatric mental health. 15
[(h)] (I) “Psychologist” means an individual who is licensed under Title 18 of the 16
Health Occupations Article to practice psychology. 17
SECTION 2. AND BE IT FURTHER ENACTED, That: 18
(a) (1) Subject paragraph (2) of this subsection, on or before December 15, 19
2026, 2027, 2028, and 2029, the Behavioral Health Administration shall submit to the 20
General Assembly, in accordance with § 2 –1257 of the State Government Article, a report 21
regarding the use of petitions for emergency evaluation. 22
(2) Each report submitted under paragraph (1) of this subsection shall 23
include data for petitions for emergency evaluations made from October 1 of the year 24
immediately preceding the year in which the report is submitted to September 30 of the 25
year in which the report is submitted, both inclusive. 26
(3) The Behavioral Health Administration shall make each report 27
submitted under paragraph (1) of this subsection available to the public. 28
(b) The report shall include: 29
(1) the number of petitions for emergency evaluation made in the State 30
disaggregated by: 31
4 SENATE BILL 707
(i) the zip codes of where the individuals who were the subject of an 1
emergency petition resided; 2
(ii) the age of the individuals who were the subject of an emergency 3
petition; 4
(iii) the race of the individuals who were the subject of an emergency 5
petition; 6
(iv) the ethnicity of the individuals who were the subject of an 7
emergency petition; 8
(v) the gender of the individuals who were the subject of an 9
emergency petition; and 10
(vi) any co –occurring disabilities of the individuals who were the 11
subject of an emergency petition; 12
(2) the number of emergency petitions made in the State by: 13
(i) a health care provider; 14
(ii) a member of law enforcement; or 15
(iii) another interested person; 16
(3) the reason the petitions for emergency evaluation were made, 17
including: 18
(i) threat of serious bodily harm to self; 19
(ii) action of serious bodily harm to self; 20
(iii) threat of serious bodily harm to others; 21
(iv) action of serious bodily harm to others; or 22
(v) substantial inability to meet basic needs to such a degree as to 23
create a substantial risk of: 24
1. serious bodily harm; 25
2. serious illness; or 26
3. death; 27
SENATE BILL 707 5
(4) whether and how use of force was employed, subject to the 1
requirements established in § 3 –524 of the Public Safety Article, in serving each petition; 2
and 3
(5) the result of each petition for emergency evaluation, including whether 4
the individual was: 5
(i) not served or unable to be located within the required time frame; 6
(ii) evaluated by a health professional and not admitted for inpatient 7
care; 8
(iii) evaluated by a health professional and v oluntarily admitted for 9
inpatient care; or 10
(iv) evaluated by a health professional and involuntarily admitted for 11
inpatient care. 12
SECTION 2. 3. 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 13
October 1, 2026. 14
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.