368

LAWS OF MARYLAND

Ch. 21

as inaccurate, since that article does not
provide for declaring an individual
"incompetent", and as unnecessary in light of
other provisions of law. See, e.g., Article I, §
4 of the State Constitution and Article 33, §
3-4(d) of the Code, each of which refers to
restriction of voting by individuals under
"guardianship for mental disability".

As to management of property, see ET § 13-201(c)
and the definition of "disabled person" in ET §
13-101. See also ET § 13-706, which relates to
the effect of an appointment of a guardian of the
person.

Defined terms: "Facility" § 7-101
"Mental retardation" § 7-101

7-604. ABUSE PROHIBITED.

(A)  "ABUSE" DEFINED.

(1)  IN THIS SECTION, "ABUSE" MEANS:

(I)  ANY PHYSICAL INJURY;

(II)  INHUMANE TREATMENT; OR

(III)  ANY OF THE FOLLOWING KINDS OF SEXUAL
ABUSE:

1.  A SEXUAL ACT, AS DEFINED IN
ARTICLE 27, § 461(E) OF THE CODE.

2.  SEXUAL CONTACT, AS DEFINED IN
ARTICLE 27, § 461(F) OF THE CODE.

3.  VAGINAL INTERCOURSE, AS DEFINED
IN ARTICLE 27, § 461(G) OF THE CODE.

(2)  IN THIS SECTION, "ABUSE" DOES NOT INCLUDE
THE PERFORMANCE OF:

(I)  AN ACCEPTED MEDICAL PROCEDURE THAT A
PHYSICIAN ORDERS; OR

(II)  AN ACCEPTED BEHAVIORAL PROCEDURE THAT
A LICENSED PSYCHOLOGIST ORDERS.

(B)  REPORT OF ALLEGED ABUSE.

(1) A PERSON WHO BELIEVES THAT A MENTALLY
RETARDED INDIVIDUAL IN A FACILITY HAS BEEN ABUSED SHALL
REPORT THE ALLEGED ABUSE TO THE ADMINISTRATIVE HEAD OF THE
FACILITY.