1110                                 LAWS OF MARYLAND                               Ch. 273

Article 43 - Health
780B 565G.

(A)  IN THIS SECTION, THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED:

(1)  "ABUSE" MEANS ANY PHYSICAL INJURY, SUSTAINED
OR NEGLECT, OR BEHAVIOR WHICH IS DETRIMENTAL TO THE PHYSICAL
AND OR MENTAL WELL-BEING OF A PATIENT SUSTAINED BY A
RESIDENT PATIENT OF IN A NURSING HOME AS A RESULT OF
RESULTING FROM CRUEL OR INHUMANE TREATMENT. "ABUSE" DOES
NOT INCLUDE THE PERFORMANCE OF ACCEPTED MEDICAL PROCEDURES
ORDERED BY A LICENSED PHYSICIAN.

(2)  "NURSING HOME" MEANS THE DEFINITION FOUND IN
§ 556(E)(1) OF THIS ARTICLE.

(3)  "LAW-ENFORCEMENT AGENCY" MEANS ANY POLICE
DEPARTMENT, BUREAU OR FORCE OF ANY COUNTY OR BALTIMORE CITY,
AND POLICE DEPARTMENT, BUREAU OR FORCE OF ANY INCORPORATED
MUNICIPALITY OR THE MARYLAND STATE POLICE.

(B)  ANY PERSON WHO HAS REASON TO BELIEVE THAT A PERSON
IN A NURSING HOME HAS BEEN ABUSED SHALL REPORT THE ABUSE TO
AN APPROPRIATE LAW ENFORCEMENT AGENCY AND THE SECRETARY OF
HEALTH AND MENTAL HYGIENE. THE REPORT MAY BE ORAL OR IN
WRITING AND SHALL CONTAIN AS MUCH INFORMATION AS THE PERSON
MAKING THE REPORT IS ABLE TO PROVIDE.

(C) (1) THE LAW ENFORCEMENT AGENCY SHALL MAKE A
THOROUGH INVESTIGATION OF THE REPORTED ABUSE AND SHALL
ATTEMPT TO INSURE THE PROTECTION OF THE VICTIM.

(2)  THE INVESTIGATION SHALL INCLUDE A
DETERMINATION OF THE NATURE, EXTENT, AND CAUSE OF THE ABUSE,
THE IDENTITY OF THE ACCUSED, AND ALL OTHER FACTS OR MATTERS
FOUND TO BE PERTINENT.

(3)  THE LAW ENFORCEMENT AGENCY SHALL RENDER A
WRITTEN REPORT OF ITS FINDINGS TO THE STATE'S ATTORNEY, THE
SECRETARY OF HEALTH AND MENTAL HYGIENE, AND THE
ADMINISTRATOR OF THE FACILITY NURSING HOME NOT LATER THAN 10
WORKING DAYS AFTER THE COMPLETION OF THE INVESTIGATION.

(D)  ANY PERSON, EXCEPT A PERSON ACCUSED OF ABUSE, WHO
MAKES A GOOD FAITH REPORT UNDER THIS SECTION, OR WHO
PARTICIPATES IN AN INVESTIGATION OR IN A JUDICIAL PROCEEDING
ARISING FROM A REPORT, IS IMMUNE FROM ANY CIVIL LIABILITY
FOR THIS ACTION.

(E) (1) THE DEPARTMENT OF HEALTH AND MENTAL HYGIENE
SHALL SUPPLY TO EACH FACILITY A SIGN NURSING HOME SIGNS
SPECIFYING THE REPORTING REQUIREMENTS OF THIS SECTION.