Ch. 318

LAWS OF MARYLAND

BY adding to

Article 27 - Crimes and Punishments

Section 35B

Annotated Code of Maryland

(1987 Replacement Volume and 1988 Supplement)

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

Article 27 - Crimes and Punishments

35B.

(A) (1) IN THIS SECTION THE FOLLOWING WORDS HAVE THE
MEANINGS INDICATED.

(2)  (I) "ABUSE" MEANS THE SUSTAINING OF ANY PHYSICAL
INJURY BY A VULNERABLE ADULT AS A RESULT OF CRUEL OR INHUMANE
TREATMENT OR AS A RESULT OF A MALICIOUS ACT BY ANY PERSON A CARE
GIVER UNDER CIRCUMSTANCES THAT INDICATE THAT THE VULNERABLE
ADULT'S HEALTH OR WELFARE IS HARMED OR THREATENED.

(II) "ABUSE" DOES NOT INCLUDE THE PERFORMANCE
OF AN ACCEPTED MEDICAL OR BEHAVIORAL PROCEDURE ORDERED BY A
LICENSED HEALTH PROFESSIONAL ACTING WITHIN THE SCOPE OF THE
PROFESSIONAL'S PRACTICE.

(3)   "CARE GIVER" MEANS A PERSON UNDER A DUTY TO CARE
FOR A VULNERABLE ADULT BECAUSE OF:

(I) A VOLUNTARY UNDERTAKING TO PROVIDE CARE;

(II) A CONTRACTUAL UNDERTAKING TO PROVIDE CARE;
OR

(II) A FIDUCIARY DUTY IMPOSED BY LAW.

(3) (4) "LICENSED HEALTH PROFESSIONAL" MEANS AN
INDIVIDUAL LICENSED UNDER THE HEALTH OCCUPATIONS ARTICLE.

(4) (5) (I) "NEGLECT" MEANS THE SUSTAINING OF SERIOUS
PHYSICAL HARM BY A VULNERABLE ADULT AS THE RESULT OF THE WILLFUL
DEPRIVATION OF ADEQUATE FOOD, CLOTHING, ESSENTIAL MEDICAL
TREATMENT OR HABILITATIVE THERAPY, SHELTER, OR SUPERVISION.

(II) "NEGLECT" DOES NOT INCLUDE THE PROVISION
OF NONMEDICAL REMEDIAL CARE AND TREATMENT FOR THE HEALING OF
INJURY OR DISEASE, WITH THE CONSENT OF THE VULNERABLE ADULT,
RECOGNIZED BY STATE LAW INSTEAD OF MEDICAL TREATMENT.

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