WILLIAM DONALD SCHAEFER, Governor                   Ch. 635

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

(II)  TO DETERMINE THE NATURE OR EXTENT OF ANY
ABUSE OR NEGLECT.

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

(I)  NONEMERGENCY OUTPATIENT TREATMENT; OR

(II)  PERIODIC NONEMERGENCY HEALTH CARE.

(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 ABUSE OR
NEGLECT TO THE CHILD IF THE CHILD IS BROUGHT TO THE PHYSICIAN:

(1)  IN ACCORDANCE WITH A COURT ORDER;

(2) BY A REPRESENTATIVE OF A LOCAL DEPARTMENT WHO
STATES THAT THE REPRESENTATIVE BELIEVES THE CHILD IS AN ABUSED OR
NEGLECTED CHILD; OR

(3)  BY A POLICE OFFICER WHO STATES THAT THE OFFICER
BELIEVES THAT THE CHILD IS AN ABUSED OR NEGLECTED CHILD.

(C)  IF A PHYSICIAN EXAMINES A CHILD UNDER SUBSECTION (B) 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.

(D)  (1) A PHYSICIAN WHO EXAMINES OR TREATS A CHILD UNDER
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.

(E)  (1) IN ACCORDANCE WITH REGULATIONS ADOPTED BY THE
SECRETARY OF HEALTH AND MENTAL HYGIENE, THE DEPARTMENT OF HEALTH
AND MENTAL HYGIENE SHALL PAY FOR EMERGENCY MEDICAL TREATMENT
CHARGES THAT ARE INCURRED ON BEHALF OF A CHILD WHO IS EXAMINED OR
TREATED UNDER THIS SECTION.

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