HARRY HUGHES, Governor

3881

Annotated Code of Maryland

(As enacted by Chapter ____ (H.B. 1) of the

Acts of the General Assembly of 1984)

SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF
MARYLAND, That the Laws of Maryland read as follows:

Article - Family Law

5-709.

(A) (1) IN THIS SECTION "EMERGENCY MEDICAL TREATMENT" MEANS
MEDICAL OR SURGICAL CARE RENDERED BY A PHYSICIAN OR HEALTH CARE
INSTITUTION TO A CHILD UNDER THIS SECTION:

(I)  TO RELIEVE ANY URGENT ILLNESS OR LIFE
THREATENING HEALTH CONDITION; OR

(II)  TO DETERMINE THE NATURE OR EXTENT OF ANY
ALLEGED INJURY OR HEALTH CONDITION.

(2) "EMERGENCY MEDICAL TREATMENT" DOES NOT INCLUDE:

(I)  NONEMERGENCY OUTPATIENT TREATMENT; OR

(II)  PERIODIC NONEMERGENCY HEALTH CARE.

[(a)] (B) Any physician who is licensed or authorized to
practice medicine in this State shall examine OR TREAT 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)] (C) 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)] (D) (1) A physician who examines OR TREATS 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: