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New Emergency Evaluation Law in Effect October 1, 2003

Do you know a family who has been living in a nightmare unable to get an emergency evaluation for a loved one who doesn’t recognize he needs psychiatric treatment?  Has someone you know been forced by our old law to stand by helplessly, while their relative endangered himself by not eating or not taking needed medications for other serious medical conditions?  Have you been forced to make the choice between living in fear for your own safety and evicting your loved one to homelessness because she did not meet the criteria for emergency evaluation?  NAMI MD heard the calls for help and worked for two years to get the law changed.

As of Oct. 1, 2003, the new involuntary emergency evaluation law goes into effect.  This law was proposed by NAMI MD, and supported by Maryland Psychiatric Society, and many others.  The purpose of the new law is to help enable timely evaluation and treatment and prevent tragedies such as suicide, violence, homelessness, victimization, and criminalization.

Maryland law remains the same in that a physician, psychologist, licensed clinical social worker, licensed clinical professional counselor, health officer or designee of a health officer, or a law enforcement officer may petition for an emergency evaluation without judicial review.  The health professionals must have examined the individual, however there is no time frame specified for the exam relative to the filing of the petition.  The petition of a lay person must be approved by a judge prior to law enforcement action.  With a petition, peace officers transport the individual to an emergency room for evaluation by a physician to determine if psychiatric or medical services are required.  The petitioner must have reason to believe that the individual has a mental disorder.

There are several areas of change.  The new statute broadens the petition standard for dangerousness.  Clear and imminent danger of bodily harm is no longer required.  The new law now requires that the individual presents a danger to the life or safety of the individual or of others.  This matches exactly the dangerousness standard for involuntary hospital commitment law in use for many years.  Dangerous acts as well as passive dangerousness brought about by lack of action are included under this standard.  According to Dr. Jeffrey Janofsky of Johns Hopkins University, “That definition has been broadly interpreted by Administrative Law Judges and includes threats of violence, inability to care for self or maintain activities of daily living.  Proving dangerousness under this definition does not require that overt acts of dangerousness be observed or alleged.” 

The new law also clarifies that peace officers need only observe the individual that they petition, not the dangerous behavior.  Both law enforcement officers and designated medical professions may base their petition on “other information obtained that is pertinent to the factors giving rise to the petition”.  For example, this could include credible family reports of behavior or history of serious psychiatric disorders, and property that had been destroyed.

NAMI MD is currently updating its brochure entitled “What to do in a Psychiatric Crisis in Maryland” to reflect the changes in the law effective Oct. 1, 2003.  This will be mailed to all NAMI MD members soon.  Members and non-members may request copies by calling NAMI MD at 1-800-467-0075.

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