PARRIS N. GLENDENING, Governor                             S.B. 386

(iii) "Abuse" does not include the performance of an accepted medical
or behavioral procedure ordered by a health care provider acting within the scope of the
health care provider's practice.

(3)     "Care giver" means a person under a duty to care for a vulnerable adult
because of a contractual undertaking to provide care.

(4)     "Family member" means a relative of a vulnerable adult by blood,
marriage, adoption, or the marriage of a child.

(5)     "Health care provider" means any person who is authorized to practice
under the Health Occupations Article.

(6)     "Household" means the location:

(i) In which the vulnerable adult resides;

(ii) Where the abuse or neglect of a vulnerable adult is alleged to have
taken place; or

(iii) Where the person suspected of abusing or neglecting a vulnerable
adult resides.

(7)     "Household member" means an individual who lives with, or is a regular
presence in, a home of a vulnerable adult at the time of the alleged abuse or neglect.

(8)     (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]
INTENTIONAL FAILURE TO PROVIDE NECESSARY ASSISTANCE AND RESOURCES FOR
THE PHYSICAL NEEDS OF THE VULNERABLE ADULT, INCLUDING FOOD, CLOTHING,
TOILETING, ESSENTIAL MEDICAL TREATMENT, 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.

(9)     (i) "Sexual abuse" means any act that involves sexual molestation or
exploitation of a vulnerable adult by a care giver, a parent or other person who has
permanent or temporary care or custody or responsibility for the supervision of a
vulnerable adult, or by any household member or family member.

(ii) "Sexual abuse" includes:

1.       Incest, rape, or sexual offense in any degree;

2.       Sodomy; and

3.       Unnatural or perverted sexual practices.

(10)   "Vulnerable adult" means an adult who lacks the physical or mental
capacity to provide for the adult's daily needs.

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