370

LAWS OF MARYLAND

Ch. 21

In subsection (a)(2)(i) of this section, the
defined term "physician" is substituted for the
ambiguous reference to a "licensed physician".

In subsections (b) and (d) of this section, the
term "administrative head" is substituted for
references to the "responsible executive", to
standardize the references to this position. See
revisor's note to § 7-204{c) of this title.

In subsection (b)(3) of this section, the
reference to a report "to an administrative head"
is added for clarity.

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
that the phrase, "any physical injury", in
subsection (a)(l)(i) of this section, is so broad
that the provision could encompass not only an
injury that was willfully inflicted on the
mentally retarded individual, but an accidental
injury.

The Commission also notes that the phrase
"{e}xcept for the abuser", in subsection (e) of
this section, is unnecessary since its deletion
would not create any meaningful immunity. The
Commission suggests that subsection (e) be
clarified if this exception was intended to state
that subsection (e) may not result in a grant of
immunity for the abuser who makes a report or
otherwise participates.

Defined terms: "Facility" § 7-101
"Includes"/"including" § 1-101
"Mentally retarded individual" § 7-101
"Person" § 1-101 "Treatment" § 7-101
"Physician" § 1-101

7-605. TREATMENT PLAN.

(A)  PLAN REQUIRED.

THE PROFESSIONAL AND SUPPORTIVE STAFF OF A RESIDENTIAL
STATE FACILITY SHALL MAKE A WRITTEN PLAN OF TREATMENT,
INCLUDING TRAINING, THERAPEUTIC PROGRAMS, AND RECREATIONAL
ACTIVITIES, FOR EACH MENTALLY RETARDED INDIVIDUAL IN THE
STATE FACILITY. THE STAFF PERIODICALLY SHALL REEVALUATE THE
EFFECTIVENESS OF EACH PLAN AND UPDATE IT, AS NEEDED.

(B)  REVIEW.

EACH INDIVIDUAL PLAN OF TREATMENT SHALL BE REVIEWED AND
APPROVED, DISAPPROVED, OR MODIFIED BY: