§ 10-620. Definitions  


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  •    (a) In general. -- In Part IV of this subtitle the following words have the meanings indicated.

    (b) Court. -- "Court" means a district or circuit court of this State.

    (c) Emergency evaluee. -- "Emergency evaluee" means an individual for whom an emergency evaluation is sought or made under Part IV of this subtitle.

    (d) Emergency facility. --

       (1) "Emergency facility" means a facility that the Department designates, in writing, as an emergency facility.

       (2) "Emergency facility" includes a licensed general hospital that has an emergency room, unless the Department, after consultation with the health officer, exempts the hospital.

    (e) Mental disorder. --

       (1) "Mental disorder" means the behavioral or other symptoms that indicate:

          (i) To a lay petitioner who is submitting an emergency petition, a clear disturbance in the mental functioning of another individual; and

          (ii) To the following health professionals doing an examination, at least one mental disorder that is described in the version of the American Psychiatric Association's "Diagnostic and Statistical Manual -- Mental Disorders" that is current at the time of the examination:

             1. Physician;

             2. Psychologist;

             3. Clinical social worker;

             4. Licensed clinical professional counselor;

             5. Clinical nurse specialist in psychiatric and mental health nursing (APRN/PMH);

             6. Psychiatric nurse practitioner (CRNP-PMH); or

             7. Licensed clinical marriage and family therapist.

       (2) "Mental disorder" does not include intellectual disability.

    (f) Peace officer. -- "Peace officer" means a sheriff, a deputy sheriff, a State police officer, a county police officer, a municipal or other local police officer, or a Secret Service agent who is a sworn special agent of the United States Secret Service or Department of Homeland Security authorized to exercise powers delegated under 18 U.S.C. § 3056.


HISTORY: An. Code 1957, art. 59, § 22; 1982, ch. 21, § 2; 1991, ch. 27; 1994, ch. 165, § 3; 2001, ch. 270; 2002, ch. 49; 2004, chs. 25, 315; 2008, ch. 43; 2009, ch. 119.