HARRY HUGHES, Governor

981

WRITTEN REPORT OF ITS FINDINGS TO THE STATE'S ATTORNEY, THE
SECRETARY, AND THE ADMINISTRATOR OF THE NURSING HOME.

(E) IMMUNITY FROM CIVIL LIABILITY.

EXCEPT FOR THE ABUSER, A PERSON WHO ACTS IN GOOD FAITH
IS NOT CIVILLY LIABLE FOR:

(1)  MAKING A REPORT UNDER THIS SECTION;

(2)  PARTICIPATING IN AN INVESTIGATION ARISING
OUT OF A REPORT UNDER THIS SECTION; OR

(3)  PARTICIPATING IN A JUDICIAL PROCEEDING
ARISING OUT OF A REPORT UNDER THIS SECTION.

(F) NOTICE.

(1)  THE DEPARTMENT SHALL PROVIDE EACH NURSING
HOME WITH SIGNS THAT SET FORTH THE REPORTING REQUIREMENTS
UNDER THIS SECTION.

(2)  THE NURSING HOME SHALL POST THE SIGNS
CONSPICUOUSLY IN THE EMPLOYEE AND PUBLIC AREAS OF THE
NURSING HOME.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
43, § 565G.

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

The Commission to Revise the Annotated Code
notes, for consideration by the General Assembly,
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 the 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: "Includes"/"including" § 1-101
"Person" §§ 1-101 & 19-301 "Physician" § 1-101
"Related institution" § 19-301

19-348. EXAMINATION FOR CERVICAL CANCER.

(A) OFFER REQUIRED.

EACH HOSPITAL SHALL OFFER TO EACH ADULT FEMALE
INPATIENT OF THE HOSPITAL A PAPANICOLAOU SMEAR FOR DETECTION