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Statutes Text

Article - Health - General


    (a)    (1)    A peace officer shall take an emergency evaluee to the nearest emergency facility if the peace officer has a petition under Part IV of this subtitle that:

            (i)    Has been endorsed by a court within the last 5 days; or

            (ii)    Is signed and submitted by 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, or peace officer.

        (2)    To the extent practicable, a peace officer shall notify the emergency facility in advance that the peace officer is bringing an emergency evaluee to the emergency facility.

        (3)    After a peace officer brings the emergency evaluee to an emergency facility, the peace officer need not stay unless, because the emergency evaluee is violent, emergency facility personnel ask the supervisor of the peace officer to have the peace officer stay.

        (4)    A peace officer shall stay until the supervisor responds to the request for assistance. If the emergency evaluee is violent, the supervisor shall allow the peace officer to stay.

        (5)    If emergency facility personnel ask that a peace officer stay, a physician shall examine the emergency evaluee as promptly as possible.

    (b)    (1)    If the petition is executed properly, the emergency facility shall accept the emergency evaluee.

        (2)    Within 6 hours after an emergency evaluee is brought to an emergency facility, a physician shall examine the emergency evaluee, to determine whether the emergency evaluee meets the requirements for involuntary admission.

        (3)    Promptly after the examination, the emergency evaluee shall be released unless the emergency evaluee:

            (i)    Asks for voluntary admission; or

            (ii)    Meets the requirements for involuntary admission.

        (4)    An emergency evaluee may not be kept at an emergency facility for more than 30 hours.

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