2019 Maryland Code
Criminal Procedure
Title 11 - Victims and Witnesses
Subtitle 10 - Treatment and Help
§ 11-1007. Services for victim of alleged rape, sexual offense, or child abuse

    (a)    (1)    In this section the following words have the meanings indicated.

        (2)    “Child” means any individual under the age of 18 years.

        (3)    “Initial assessment” includes:

            (i)    a psychological evaluation;

            (ii)    a parental interview; and

            (iii)    a medical evaluation.

        (4)    “Physician” means an individual who is authorized under the Maryland Medical Practice Act to practice medicine in the State.

        (5)    “Qualified health care provider” means an individual who is licensed by a health occupations board established under the Health Occupations Article.

        (6)    (i)    “Sexual abuse” means any act that involves sexual molestation or exploitation of a child whether or not the sexual molestation or exploitation of the child is by a parent or other individual who has permanent or temporary care, custody, or responsibility for supervision of a child, or by any household or family member.

            (ii)    “Sexual abuse” includes:

                1.    incest, rape, or sexual offense in any degree;

                2.    sodomy; and

                3.    unnatural or perverted sexual practices.

    (b)    If a physician, a qualified health care provider, or a hospital provides a service described in subsection (c) of this section to a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse:

        (1)    the services shall be provided without charge to the individual; and

        (2)    the physician, qualified health care provider, or hospital is entitled to be paid by the Criminal Injuries Compensation Board as provided under Subtitle 8 of this title for the costs of providing the services.

    (c)    This section applies to the following services:

        (1)    a physical examination to gather information and evidence as to an alleged crime;

        (2)    emergency hospital treatment and follow–up medical testing for up to 90 days after the initial physical examination; and

        (3)    for up to 5 hours of professional time to gather information and evidence of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse by:

            (i)    a physician;

            (ii)    qualified hospital health care personnel;

            (iii)    a qualified health care provider;

            (iv)    a mental health professional; or

            (v)    an interdisciplinary team expert in the field of child abuse.

    (d)    (1)    A physician or a qualified health care provider who examines a victim of alleged child sexual abuse under the provisions of this section is immune from civil liability that may result from the failure of the physician or qualified health care provider to obtain consent from the child’s parent, guardian, or custodian for the examination or treatment of the child.

        (2)    The immunity extends to:

            (i)    any hospital with which the physician or qualified health care provider is affiliated or to which the child is brought; and

            (ii)    any individual working under the control or supervision of the hospital.