Mental Health Law – Danger to the Life or Safety of the Individual or of Others – Definition (Right to Treatment)

Sheppard Pratt supports Senate Bill 707, which updates and clarifies the statutory definition of “danger to the life or safety of the individual or of others” for purposes of emergency evaluations and involuntary admissions under Maryland mental health law.

As the nation’s largest private, nonprofit behavioral health provider, and a statewide safety-net system serving more than 80,000 people annually, Sheppard Pratt supports SB 707 because it strengthens patient safety, improves clinical decision-making, and ensures individuals experiencing serious psychiatric crises can access timely, appropriate treatment.

SB 707 Modernizes Maryland’s Outdated Standard

Current Maryland law relies heavily on an “imminent danger” threshold that is clinically outdated and often unworkable in real-world emergencies.

SB 707 replaces that narrow standard with a more clinically accurate framework that evaluates:

• Substantial risk, whether or not imminent;
• The individual’s current condition; and
• Available medical, psychiatric, and personal history

This updates Maryland law to reflect contemporary evidence-based psychiatric practice and aligns with the approach used by many other states.

Provides Clear, Objective Criteria for Clinicians & Law Enforcement

SB 707 enumerates specific indicators of danger, including when a person:

• Is at substantial risk of harming themselves or others;
• Is engaging in behavior likely to result in criminal justice involvement directly related to their mental disorder;
• Cannot meet basic needs such as food, clothing, shelter, self-protection, or safety, creating a substantial risk of serious harm or death; or
• Is experiencing a significant deterioration in judgment or behavioral control that is likely to result in one of the above outcomes

These criteria help clinicians make consistent, defensible, trauma-informed, and safety-oriented decisions, reducing unnecessary subjectivity and improving statewide uniformity.

Reduces Emergency Department Boarding & Preventable Crises

Maryland’s overly narrow “imminence” standard often results in:

• Delayed treatment;
• Emergency room overcrowding and prolonged psychiatric boarding;
• Increased risk of self-harm, exploitation, or victimization; and
• Increased likelihood of police involvement or incarceration

Clarifying the standard helps ensure individuals receive treatment, not criminalization, when their symptoms escalate.

Promotes Early, Stabilizing Intervention

Psychiatric crises often escalate rapidly. Early identification of substantial risk:

• Prevents tragedy;
• Reduces involuntary inpatient admissions by intervening earlier;
• Supports the health-care system’s ability to manage caseloads; and
• Improves outcomes for individuals, families, and communities

SB 707 is particularly vital given Maryland’s ongoing pediatric and adult behavioral health boarding crises and the growing intensity of psychiatric emergencies statewide.