Mental Health Law - Definition of Danger to the Life or Safety of the Individual or of Others and Reports on Emergency Evaluation Petitions (Right to Treatment)

Broader standard for emergency psychiatric holds

Beginning October 1, 2026, Maryland uses a broader test to hold someone for emergency mental health evaluation or involuntary admission. The danger must come from a mental disorder and can be a substantial risk, even if not imminent. Staff judge the person’s current condition and, if available, recent personal, medical, and psychiatric history. A hold can occur when one or more risks are present. First, likely serious harm to self or others. Second, conduct likely to lead to criminal justice involvement. Third, being unable, other than for lack of money, to meet basic needs so there is near-term risk of serious harm, illness, or death. Fourth, major loss of judgment or control, with a current inability to make an informed treatment choice, making another listed risk likely. This change affects patients, caregivers, police, and clinicians who apply the standard.