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2017 Maryland Code
Health - General
Title 7 - Developmental Disabilities Law
Subtitle 10 - Rights of Individuals
§ 7-1005. Abuse
Universal Citation: MD Health-Gen Code § 7-1005 (2017)
- (a) "Abuse" defined. --
- (1) In this section, "abuse" means:
- (i) Any physical injury that is inflicted willfully or with gross recklessness;
- (ii) Inhumane treatment; or
- (iii) Any of the following kinds of sexual abuse:
- 1. A sexual act, as defined in § 3-301 of the Criminal Law Article;
- 2. Sexual contact, as defined in § 3-301 of the Criminal Law Article; or
- 3. Vaginal intercourse, as defined in § 3-301 of the Criminal Law Article.
- (2) In this section, "abuse" does not include:
- (i) The performance of:
- 1. An accepted medical procedure that a physician orders;
- 2. An accepted behavioral procedure that a licensed psychologist or psychiatrist, as appropriate, orders; or
- (ii) An action taken by an employee that complies with applicable State and federal laws and applicable Department policies on the use of physical intervention.
- (i) The performance of:
- (1) In this section, "abuse" means:
- (b) Reports. --
- (1) In addition to any other reporting requirement of law, a person who believes that an individual with developmental disability has been abused promptly shall report the alleged abuse to the executive officer or administrative head of the licensee.
- (2) The executive officer or administrative head shall report the alleged abuse to an appropriate law-enforcement agency.
- (3) A report to the executive officer or administrative head:
- (i) May be oral or written; and
- (ii) Shall contain as much information as the reporter is able to provide.
- (c) Duties of law-enforcement agencies. --
- (1) The law-enforcement agency shall:
- (i) Investigate thoroughly each report of an alleged abuse; and
- (ii) Attempt to ensure the protection of the alleged victim.
- (2) The investigation shall include:
- (i) A determination of the nature, extent, and cause of the abuse;
- (ii) The identity of the alleged abuser or abusers; and
- (iii) Any other pertinent fact or matter.
- (1) The law-enforcement agency shall:
- (d) Written report of findings. -- As soon as possible, but no later than 10 working days after the completion of the investigation, the law-enforcement agency shall submit a written report of its findings to the State's Attorney, the Deputy Secretary, the State-designated protection and advocacy agency, and the executive officer or administrative head of the licensee.
- (e) Central registry of abuse reports. -- The Administration shall maintain a central registry of abuse reports and their disposition and shall take appropriate remedial action.
- (f) Liability. -- A person shall have the immunity from liability described under § 5-625 of the Courts and Judicial Proceedings Article for:
- (1) Making a report under this section;
- (2) Participating in an investigation arising out of a report under this section; or
- (3) Participating in a judicial proceeding arising out of a report under this section.
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