In the introductory language of subsection (f) of this section, the term
"believes" is substituted for the former phrase "assured and convinced" for
brevity.

Former Art. 31B, § 13(e)(2), which required that the information "not be
used for any improper or unauthorized purpose", is deleted as unnecessary
in light of the requirement in subsection (f)(1) of this section that the
information be used "solely for ... legitimate purposes".

Defined terms: "Commissioner" § 4-101
"Director" § 4-101

"Division of Parole and Probation" § 1-101

"Eligible person" § 4-101

"Inmate" § 1-101

"Institution" § 4-101

"Person" § 1-101

"State" § 1-101

4-210. MEDICAL TREATMENT OF JUVENILE INMATES.

(A) AUTHORIZATION.

ON THE RECOMMENDATION OF A HEALTH CARE PROVIDER, THE DIRECTOR OR
DIRECTOR'S DESIGNEE MAY AUTHORIZE MEDICAL TREATMENT OF A JUVENILE
INMATE WHEN:

(1) IN THE JUDGMENT OF THE DIRECTOR OR DESIGNEE, THE
TREATMENT IS NECESSARY; AND

(2) A PARENT, GUARDIAN, OR PERSON IN LOCO PARENTIS OF THE
JUVENILE IS NOT AVAILABLE ON A TIMELY BASIS TO GIVE THE AUTHORIZATION.

(B) IMMUNITY.

THE DIRECTOR OR DIRECTOR'S DESIGNEE MAY NOT BE HELD LIABLE FOR
AUTHORIZING IN GOOD FAITH MEDICALLY NECESSARY TREATMENT UNDER
SUBSECTION (A) OF THIS SECTION.

REVISOR'S NOTE: This section is new language derived without substantive
change from former Art. 31B, § 9A.

The Correctional Services Article Review Committee notes, for
consideration by the General Assembly, that the meaning of subsection (b)
of this section is unclear in light of SG § 12-105 and CJ § 5-522(b), which
grant immunity from liability to State personnel. Under SG § 12-105 and
CJ § 5-522(b), State personnel are immune from suit in State courts and
from liability in tort for a tortious act or omission that is within the scope
of the public duties of the State personnel and is made without malice or
gross negligence. The Committee is uncertain as to whether subsection (b)
of this section establishes any additional protection against liability for the
Director or the Director's designee. The General Assembly may wish to
examine this issue. See also § 5-406(b) of this article.