2026

LAWS OF MARYLAND

Ch. 296

SUBTITLE 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 27, §
35A(j)(l).

5-910. EXAMINATION AND TREATMENT OF ABUSED 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 INJURY OR ABUSE 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 AN ABUSED
CHILD.

(B)  TREATMENT BY PHYSICIAN.

IF A PHYSICIAN EXAMINES A CHILD UNDER SUBSECTION (A) OF THIS
SECTION AND DETERMINES THAT IMMEDIATE 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 OF PERSON EXAMINING OR TREATING CHILD.

(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 OR CRIMINAL
PENALTY 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:

(I)  ANY HEALTH CARE INSTITUTION WITH WHICH THE
PHYSICIAN IS AFFILIATED, OR TO WHICH THE CHILD IS BROUGHT; AND

(II)  ANY INDIVIDUAL WORKING UNDER THE CONTROL
OR SUPERVISION OF THE PHYSICIAN OR UNDER THE CONTROL OR
SUPERVISION OF THE HEALTH CARE INSTITUTION.

(D)  RESPONSIBILITY TO PAY HEALTH CARE CHARGES.

(1) THE LOCAL HEALTH DEPARTMENT SHALL PAY FOR ALL
REASONABLE PHYSICIAN AND HEALTH CARE INSTITUTION CHARGES THAT ARE
INCURRED ON BEHALF OF A CHILD WHO IS EXAMINED OR TREATED UNDER
THIS SECTION.