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FOR IMMEDIATE RELEASE  
September 30, 2003

Contact: Barbara Bellack, Executive Director, NAMI Maryland        Phone:  410-467-7100 email:   namimd@nami.org                                                                       
NAMI MD, 711 West 40^th Street, Suite 451, Baltimore, MD 21211

New MD psychiatric evaluation law goes into effect Oct. 1, 2003  

On October 1, 2003 a new law goes into effect in Maryland, which brings hope for people suffering from severe psychiatric disorders (mental illness) and their families.   The purpose of the law is to enable psychiatric evaluation and treatment in time to prevent the tragedies caused by untreated serious psychiatric disorders:  suicide, violence, homelessness, victimization, and criminalization.   Maryland now joins the great majority of states that have revised their statutes to enable individuals with severe psychiatric disorders to be petitioned for evaluation before the danger is imminent.

An Emergency Petition (EP) is used when other avenues have failed to get a needed psychiatric evaluation for someone whose mental illness prevents them from recognizing that they are ill and need treatment.  The new law allows for a person with a mental disorder to be taken to an emergency room for an evaluation when the individual “presents a danger to the life or safety of the individual or of others”.  Dangerous acts or threats as well as danger brought about by lack of action are included under this standard.  This is the same dangerousness standard that Maryland has long used for involuntary hospital admission.  According to Dr. Jeffrey Janofsky, Director of the Psychiatry and Law Program of Johns Hopkins University School of Medicine, “that standard has been broadly interpreted by administrative law judges and includes threats of violence, inability to care for self or maintain activities of daily living.”  

Examples of cases, which can now be petitioned for evaluation in a timelier manner, include a person with schizophrenia whose thought disorder has caused them to stop cancer treatment or a person with major clinical depression who has stopped eating.

Another important part of the new law is the clarification of the factors that may be used by a medical professional or law enforcement officer as the basis for an EP.  This may include their examination or observation of the individual or other pertinent information.  For example, a police officer can take into consideration his observation of broken furniture or a report by the individual’s parents of destruction and suicidal statements by the individual, even if the officer did not personally witness these events.

Although family advocates have noted the need for this law for some time, several highly publicized acts of violence by individuals with severe and untreated mental illness provided the impetus for legislators to act.  One was the loss of life of two Eastern Shore police officers in 2001 and more recently the fatal shooting of two deputy sheriffs in Prince George’s County, allegedly by James Logan.  At legislative hearings, the family of James Logan gave compelling testimony of how this new law might have prevented the tragedy by helping their efforts to get earlier evaluation and treatment for their son.  James Sr. and Karen Logan, in asking legislators to pass this law, said “Save the lives of people who are ill though no fault of their own, and others trying to help them.  Prevent needless tragedy from striking more Maryland families.” (See link below for full text.)

According to Barbara Bellack, Executive Director of NAMI MD, “As tragic as these violent cases are, they are very rare.  Most persons with psychiatric disorders live safely in our communities, indistinguishable from any other citizen.  The new law will also help the far more common, quiet personal tragedies suffered by people with a serious psychiatric disorder. Sometimes when they first become ill or suffer a relapse, their thoughts become too confused to keep themselves safe and to understand their need for treatment.  The new law will help family members and others get the person to a doctor for assessment before they suffer loss of housing, relationships, financial resources, physical health, and human dignity.  In the vast majority of cases, after a timely crisis intervention or short hospitalization and treatment, the person can manage to resume his or her life in the community.”

Law enforcement officers, doctors, licensed psychologists, licensed clinical social workers and licensed clinical professional counselors are able to issue a petition by filling in the form detailing the reasons they believe that the person has a mental illness and presents a danger to themselves or others. Petitions by other people can be obtained at a court and must be approved by a judge before law enforcement officers transport the petitioned person to the ER.   After evaluation, the emergency room physicians can offer appropriate treatment options and certify for involuntary hospital admission if needed and if legal criteria are met.

NAMI MD has published a brochure entitled “What to do in a Psychiatric Crisis in Maryland” to help family members and others.  Copies of the latest revision, reflecting recent changes to the law, can be requested by calling NAMI MD at 1-800-467-0075 or 410-467-7100.

The legislation for the new law was proposed by NAMI MD (National Alliance for the Mentally Ill, Maryland) and supported by a state-wide coalition of groups including the Maryland Psychiatric Society, and other advocacy organizations.  The legislation was sponsored in the Maryland House of Delegates by Delegate Shirley Nathan-Pulliam (Dist.10) and in the Maryland Senate by Senator Sharon Grosfeld (Dist.18).

NAMI Maryland is a statewide grassroots nonprofit organization and an affiliate of NAMI (National Alliance for the Mentally Ill).  Our mission is to improve the quality of life for those with serious brain disorders, such as schizophrenia, bipolar disorder, and major depression. 

Additional Resources:  For more information on the new law and on the activities and initiatives of NAMI Maryland, go to  http://md.nami.org/. For more information on the laws in other states, the full text of the Logan’s testimony, and the benefits of early treatment for psychiatric illness, go to http://www.psychlaws.org/. 

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