2012

LAWS OF MARYLAND

Ch. 296

In subsection (b)(1) of this section, the term
"states" is substituted for the former clause "in
which there is a finding", for brevity.

Defined term: "Local department" § 5-701

5-708. IMMUNITY OF PERSON MAKING REPORT.

ANY PERSON OTHER THAN A PERSON SUSPECTED OF CHILD NEGLECT
WHO IN GOOD FAITH MAKES OR PARTICIPATES IN MAKING A REPORT OF
NEGLECT UNDER § 5-704 OF THIS SUBTITLE OR PARTICIPATES IN AN
INVESTIGATION OR A RESULTING JUDICIAL PROCEEDING IS IMMUNE FROM
ANY CIVIL LIABILITY OR CRIMINAL PENALTY THAT WOULD OTHERWISE
RESULT.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article 72A, §
9.

5-709. EXAMINATION AND TREATMENT OF NEGLECTED CHILD BY
PHYSICIAN.

(A)  EXAMINATION BY PHYSICIAN.

ANY PHYSICIAN WHO IS LICENSED OR AUTHORIZED TO PRACTICE
MEDICINE IN THIS STATE SHALL EXAMINE ANY CHILD, WITH OR WITHOUT
THE CONSENT OF THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN, TO
DETERMINE THE NATURE AND EXTENT OF ANY NEGLECT TO THE CHILD IF
THE CHILD IS BROUGHT TO THE PHYSICIAN:

(1)  IN ACCORDANCE WITH A COURT ORDER; OR

(2)  BY A REPRESENTATIVE OF A LOCAL DEPARTMENT WHO
STATES THAT THE REPRESENTATIVE BELIEVES THE CHILD IS A NEGLECTED
CHILD.

(B)  TREATMENT BY PHYSICIAN.

IF A PHYSICIAN EXAMINES A CHILD UNDER SUBSECTION (A) OF THIS
SECTION AND DETERMINES THAT EMERGENCY MEDICAL TREATMENT IS
INDICATED, THE PHYSICIAN MAY TREAT THE CHILD, WITH OR WITHOUT THE
CONSENT OF THE CHILD'S PARENT, GUARDIAN, OR CUSTODIAN.

(C)  IMMUNITY FROM CIVIL LIABILITY.

(1)  A PHYSICIAN WHO EXAMINES A CHILD UNDER SUBSECTION
(A) OF THIS SECTION OR WHO TREATS A CHILD UNDER SUBSECTION (B) OF
THIS SECTION IS IMMUNE FROM ANY CIVIL LIABILITY THAT MAY RESULT
FROM THE FAILURE TO OBTAIN CONSENT FROM THE CHILD'S PARENT,
GUARDIAN, OR CUSTODIAN FOR THE EXAMINATION OR TREATMENT OF THE
CHILD.

(2)  THE IMMUNITY EXTENDS TO: