1132

LAWS OF MARYLAND

Ch. 284

52A.

(a) As used in this subtitle, the following words have
the meanings indicated:

(3) "Mental health facility" means any clinic,
hospital or other institution, public or private, other than
a Veterans' Administration hospital, which provides
treatment, residential care, or other services for mentally
disordered [or mentally retarded] persons. This definition
includes group homes, halfway houses, and other community
residences for the mentally ill [or mentally retarded].

Article 59A - Mental Retardation

12A.

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

(1)  "ABUSE" MEANS ANY PHYSICAL INJURY OR, SEXUAL
ABUSE, OR INHUMANE TREATMENT SUSTAINED BY A PATIENT OF A
FACILITY AS A RESULT OF CRUEL OR INHUMANE TREATMENT. IT
DOES NOT INCLUDE THE PERFORMANCE OF ACCEPTED MEDICAL
PROCEDURES ORDERED BY A LICENSED PHYSICIAN OR ACCEPTED
BEHAVIORAL PROCEDURES ORDERED BY A CERTIFIED PSYCHOLOGIST.

(2)  "SEXUAL ABUSE" MEANS A SEXUAL ACT, SEXUAL
CONTACT, OR VAGINAL INTERCOURSE AS THOSE TERMS ARE DEFINED
IN ARTICLE 27, SECTION 461 OF THE CODE.

(B)  ANY PERSON WHO BELIEVES THAT A MENTALLY RETARDED
PERSON IN A FACILITY HAS BEEN ABUSED SHALL REPORT THE
ALLEGED ABUSE TO THE SUPERINTENDENT RESPONSIBLE EXECUTIVE OF
THAT FACILITY. THE SUPERINTENDENT RESPONSIBLE EXECUTIVE
SHALL PROMPTLY FORWARD THE REPORT TO THE APPROPRIATE LAW
ENFORCEMENT AGENCY. THE REPORT MAY BE ORAL OR IN WRITING
AND SHALL CONTAIN AS MUCH INFORMATION AS THE REPORTER IS
ABLE TO PROVIDE.

(C)  (1) THE LAW ENFORCEMENT AGENCY SHALL MAKE A
THOROUGH INVESTIGATION OF THE REPORTED ABUSE AND 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 AND
THE SUPERINTENDENT RESPONSIBLE EXECUTIVE OF THE FACILITY AS
SOON AS POSSIBLE, BUT NOT LATER THAN 10 WORKING DAYS AFTER
THE COMPLETION OF THE INVESTIGATION.

(D)  ANY PERSON, EXCEPT AN ABUSER, WHO MAKES A REPORT
IN GOOD FAITH PURSUANT TO THIS SECTION, OR PARTICIPATES IN