HARRY HUGHES, Governor

3883

[(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 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)] (C) If a physician examines a child under subsection
(a) of this section and determines that [immediate] 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:

(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)] (E) (1) The local health department DEPARTMENT OF
HEALTH AND MENTAL HYGIENE shall, IN ACCORDANCE WITH RULES AND
REGULATIONS PROMULGATED BY THE SECRETARY, pay for [all reasonable
physician and health care institution] EMERGENCY MEDICAL
TREATMENT charges that are incurred on behalf of a child who is
examined or treated under this section SUBSECTION (B) OF THIS
SECTION.

(2)  The child's parent or guardian is liable to the
local health department DEPARTMENT OF HEALTH AND MENTAL HYGIENE
for the payments AND SHALL TAKE ANY STEPS NECESSARY TO SECURE
HEALTH BENEFITS AVAILABLE FOR THE CHILD FROM A PUBLIC OR PRIVATE
BENEFIT PROGRAM.

(3)  THE LOCAL DEPARTMENT OF SOCIAL SERVICES SHALL:

(I) IMMEDIATELY DETERMINE WHETHER A CHILD
TREATED OR EXAMINED UNDER THIS SECTION IS ELIGIBLE FOR MEDICAL
ASSISTANCE PAYMENTS; AND