Section 10-705 - Abuse prohibited.
§ 10-705. Abuse prohibited.
(a) "Abuse" defined.-
(1) In this section, "abuse" means cruel or inhumane treatment that causes:
(i) Any physical injury; or
(ii) 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.
3. Vaginal intercourse, as defined in § 3-301 of the Criminal Law Article.
(2) In this section, "abuse" does not include the performance of an accepted medical procedure that a physician orders in a manner that is consistent with the provisions of this subtitle.
(b) Report of alleged abuse.-
(1) A person who believes that an individual in a facility has been abused shall promptly report the alleged abuse to:
(i) An appropriate law enforcement agency; or
(ii) The administrative head of the facility, who promptly shall report the alleged abuse to an appropriate law enforcement agency.
(2) A report:
(i) May be oral or written; and
(ii) Shall contain as much information as the reporter is able to provide.
(c) Investigation.-
(1) The law enforcement agency shall:
(i) Investigate thoroughly each report of an alleged abuse; and
(ii) Attempt to insure the protection of the alleged victim.
(2) The investigation shall include:
(i) A determination of the nature, extent, and cause of the abuse, if any;
(ii) The identity of the alleged abuser; and
(iii) Any other pertinent fact or matter.
(d) Report of law enforcement agency.- 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 and the administrative head of the facility.
(e) Immunity from civil liability.- A person shall have the immunity from liability described under § 5-626 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.
[An. Code 1957, art. 59, § 52A; 1982, ch. 21, § 2; ch. 570; 1983, ch. 405, § 2; 1990, ch. 546, § 3; 1997, ch. 14, § 20; 2002, ch. 213, § 6.]