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Statutes Text

Article - Health - General




§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, 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, 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;

                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, licensed clinical marriage and family therapist, 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.



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