602

LAWS OF MARYLAND

Ch. 21

facility" is substituted for "{n}o patient in
any facility" to clarify that the mere status of
having a mental disorder is not the controlling
factor in the ability to exercise certain rights.

The former exception to an individual "declared
to be incompetent by a court in accordance with
the provisions of the Courts Article" is deleted
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 also 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" § 10-101
"Mental disorder" § 10-101

10-704. 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
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 AN ACCEPTED MEDICAL PROCEDURE THAT A
PHYSICIAN ORDERS.

(B) REPORT OF ALLEGED ABUSE.

(1) A PERSON WHO BELIEVES THAT AN INDIVIDUAL IN
A FACILITY HAS BEEN ABUSED PROMPTLY SHALL REPORT THE ALLEGED