The Maryland General Assembly (MGA) convened its 448^th 90-day Legislative Session at noon on Wednesday, January 14^th, and adjourned on April 13^th. The joint legislative committee of the Maryland Psychiatric Society (MPS) and the Washington Psychiatric Society (WPS) meticulously assessed fifty-five (55) distinct pieces of legislation, excluding cross files, and actively advocated on thirty-two (32) bills. Below is a summary of the bills that include several priorities, including bills that almost made it to the finish line, bills that successfully passed both chambers and have been or are expected to be signed by the Governor, and one bill that we successfully defeated.

 

Licensed Psychologists – Prescriptive Authority

Senator Arthur Ellis (D – Charles County) and Delegate Jennifer White Holland (D – Baltimore County) introduced Senate Bill 568/House Bill 1021 which would have authorized a licensed psychologist to have prescriptive authority. The psychologist would have to (1) successfully complete an educational program recognized by the State Board of Examiners of Psychologists (the Board) and a postdoctoral prescribing psychology fellowship; (2) pass a specified examination; and (3) submit a form and evidence of compliance with said requirements. Additionally, the bill would have created a Prescriptive Authority Advisory Committee to advise the Board whereby the Board was required to keep records and adopt regulations. Lastly, the bill made conforming changes to the definitions of “practice psychology” and “authorized prescriber” as well as authorizations to administer medication under the Health Occupations Article. MPS/WPS advocated strongly against this bill, fearing significant implications for patient safety. Several members testified in person, virtually, and in writing in both committees against this bill, leading to its defeat. Ultimately, the bills failed due to the lack of action by their respective committees.

Mental Health Law – Right to Treatment

Senator Justin Ready (R – Frederick and Carroll County) and Delegate Jamila Woods (D – Prince George’s County) introduced Senate Bill 707/House Bill 1014 which defines “danger to the life or safety of the individual or of others” as it relates to the emergency evaluation of an individual with a mental disorder and the involuntary admission of an individual with a mental disorder to a facility or Veterans’ Administration hospital. Under the Senate bill, as amended, “danger to the life or safety of the individual or of others” means: “there is, as a result of a mental disorder, a substantial risk, based on conduct that is recent and relevant to the danger that the individual may present and in consideration of the individual’s current condition and, if available, recent personal, medical, and psychiatric history, that the individual will: (1) cause serious bodily harm to the individual or another individual; or (2) be unable, except for reasons of indigence, to provide for the individual’s basic needs, including food, clothing, shelter, medical care, self–protection, or safety, to such a degree as to create a substantial risk of serious bodily harm, serious illness, or death in the near future. While the House bill failed due to the lack of timely action, Senate Bill 707 passed and goes into effect October 1, 2026.

Assisted Outpatient Treatment – Surrender or Seizure of Firearms

In 2024, the MGA passed the Assisted Outpatient Treatment (AOT) law to address the needs of individuals with serious mental illnesses who are unable to seek treatment voluntarily. This law provides for court-ordered, community-based treatment to prevent hospitalization, incarceration, or harm to themself or others. Regrettably, the law missed an important component which was to prevent individuals from having firearm access while in court ordered AOT programs.  As such, Senator Shaneka Henson (D – Anne Arundel County) and Delegate N. Scott Phillips (D– Baltimore County) introduced Senate Bill 942/House Bill 1306 which would have required a court to (1) order the respondent to surrender any firearm in their possession to law enforcement authorities and (2) prohibit the respondent from purchasing or possessing any firearm for the duration of the court-ordered AOT. This order was set to expire once the respondent was no longer subject to an AOT order. The legislation also outlined procedures and requirements for the surrender, storage, and return of firearms related to the order.

While the legislation as introduced granted the court enforcement powers through contempt and/or reasonable sanctions for violation of the order, the House Judiciary Committee attempted to amend the bill to remove the court’s contempt powers to address concerns from opponents. Unfortunately, the legislation failed due to the lack of action by the House Health Committee and the Senate Finance and Judicial Proceedings Committees.

Correctional Services – Medication Review Committee – Administration of Psychotropic Medication to an Incarcerated Individual

The Department of Public Safety and Correction Services (DPSCS), through the Chair of the House Health Committee, introduced House Bill 279, which would have established a medication review committee and process within DPSCS empowered to determine whether certain incarcerated individuals in specified circumstances are administered psychotropic medication, particularly when the patient refuses treatment. Several work sessions with advocates, DPSCS, MPS/WPS, and others yielded compromise legislation that passed the House but failed due to lack of action by the Senate Judicial Proceedings Committee.

 

Physician Assistants and Midwives – Parity With Other Health Care Practitioners

Senator Clarence Lam (D – Anne Arundel and Howard Counties) and Delegate Steve Johnson (D – Harford County) introduced and passed Senate Bill 326/House Bill 377, which amends certain provisions of state law to add Physician Assistants to certain lists of health care providers authorized to take certain actions. The bill also expands scope of practice for Certified Nurse-Midwives and Licensed Certified Midwives, and in some cases, Nurse Practitioners and Physicians. The bill takes effect on October 1, 2026.

Public Health – Local Suicide Fatality Review Teams – Authorization

Delegate Kris Fair (D – Frederick County) introduced and passed House Bill 1012, which authorizes local jurisdictions to establish a suicide fatality review team, similar to child fatality review and overdose fatality review teams, to review suicide deaths, identify systems-level risk factors, coordinate responses, and recommend interventions. The bill outlines the makeup of a Local Suicide Fatality Review team, establishes data-sharing requirements, outlines operations, and authorizes the Maryland Department of Health to adopt certain regulations. The bill goes into effect October 1, 2026.

Health Insurance – Mental Health and Substance Use Disorders – Codification of Federal Requirements

The Maryland Insurance Administration (MIA), through the respective chairs of the Senate Finance and House Health Committees, introduced and passed Senate Bill 205/House Bill 280. The legislation codifies certain provisions of the 2024 federal Mental Health Parity Rule regarding parity in insurance for treatment of mental health and substance use disorders and authorizes the MIA to promulgate certain regulations. The bill takes effect on July 1, 2026.

Maryland Medical Assistance Program and Health Insurance – Collaborative Care Model – Cost Sharing Prohibition

Senator Malcolm Augustine (D – Prince George’s County) and Delegate Heather Bagnall (D – Anne Arundel County) introduced and passed Senate Bill 428/House Bill 746, which prohibits the Maryland Department of Health from imposing a copayment, coinsurance, or a deductible for services provided in accordance with the Collaborative Care Model in primary care settings, and requires certain insurers, nonprofit health service plans, and health maintenance organizations to provide coverage for services provided in accordance with the Collaborative Care Model. The bill takes effect January 1, 2027.

Petitions for Emergency Evaluation (Arnaud and Magruder Memorial Act)

Delegate Tiffany Alston (D – Prince George’s County) introduced House Bill 860, which specified that an emergency petition is effective for five days and can be extended for up to five days at a time, but not to exceed 30 days total. The bill further outlined certain requirements for extensions. The bill passed the House but failed due to lack of action by the Senate Finance Committee.

 

Utilization Review for Drugs to Treat Serious Mental Illness

Senate Bill 490/House Bill 808, sponsored by Senator Clarence Lam (D – Anne Arundel and Howard Counties) and Delegate Steve Johnson (D – Harford County), sought to prohibit Medicaid from applying prior authorization, step therapy, or fail-first protocols to prescription drugs used to treat specified serious mental health conditions. The bill provided that prior authorization could still be required if mandated under federal law. The legislation failed for lack of action by the House and Senate after initial public hearings in both chambers.

 

Immigration Detention Facilities – Minimum Mandatory Standards

Senator Will Smith and Delegate Vaughn Stewart (both D – Montgomery County) introduced Senate Bill 985/House Bill 1018. As amended and passed out of the House, this emergency bill:

• expands the requirement for the Secretary of Public Safety and Correctional Services to adopt regulations establishing certain minimum mandatory standards applicable to the care, custody, and conditions of incarcerated individuals to apply to civil detainees in immigration detention facilities;
• alters and expands the duties of the Maryland Commission on Correctional Standards (MCCS) to incorporate immigration detention facilities;
• requires reporting of specified violations and security breaches to MCCS;
• applies specified existing compliance, audit, and enforcement provisions to immigration detention facilities;
• authorizes the Attorney General to bring an action against a private entity that owns, manages, or operates a correctional facility or an immigration detention facility for specified violations;
• authorizes MCCS to cease operation of an immigration detention facility under specified circumstances; and
• requires MCCS and the Secretary of Public Safety and Correctional Services to adopt emergency regulations relating to the bill’s provisions by June 1, 2026.

While the House bill moved to the Senate, neither bill passed due to lack of action by the Senate Judicial Proceedings Committee.

 

Transparency, Reporting, Understanding, Timeliness, and Honesty (TRUTH) in Mental Health Coverage Act)

Senator Malcolm Augustine (D – Prince George’s County) and Delegate Pam Guzzone (D – Howard County) introduced Senate Bill 774/House Bill 1157. The Senate bill as amended would have required each carrier to report on an annual basis certain data regarding claims and coverage to the Maryland Insurance Commissioner (the Commissioner). In response, the Commissioner was tasked with developing templates for carriers to report the data and, within five months of receiving data from carriers, make the data publicly available in an easily accessible, consumer-friendly manner on a public website. The House bill was withdrawn by the sponsor and the Senate bill, while it passed to the House, failed for lack of action by the House Health Committee.