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PARRIS N. GLENDENING, Governor
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Ch. 442
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(b) A person who violates this section is guilty of a misdemeanor and on
conviction is subject to a fine not exceeding $100 or imprisonment not exceeding 1
year.
(C) (1) THIS SECTION DOES NOT APPLY WHEN A PERSON LEAVES AN
UNHARMED NEWBORN WITH A HOSPITAL, LAW ENFORCEMENT, LOCAL DEPARTMENT
OF SOCIAL SERVICES, OR FIRE AND RESCUE EMPLOYEE RESPONSIBLE PERSON
WITHIN 3 DAYS AFTER THE BIRTH OF THE NEWBORN, AS DETERMINED WITHIN A
REASONABLE DECREE OF MEDICAL CERTAINTY, AND THE PERSON DOES NOT
EXPRESS AN INTENT TO RETURN FOR THE NEWBORN.
(2) WHEN IF THE PERSON LEAVING A NEWBORN UNDER THIS
SUBSECTION IS NOT THE MOTHER OF THE NEWBORN, THE PERSON SHALL HAVE THE
APPROVAL OF THE MOTHER TO DO SO.
(3) A HOSPITAL, LAW ENFORCEMENT, LOCAL DEPARTMENT OF SOCIAL
SERVICES, OR FIRE AND RESCUE EMPLOYEE WHO ACCEPTS OR TREATS A NEWBORN
UNDER THIS SUBSECTION SHALL HAVE THE IMMUNITY DESCRIBED UNDER § 5- 621.1
OF THE COURTS ARTICLE FROM CIVIL LIABILITY OR CRIMINAL PENALTY
(4) THE MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES
SHALL DEVELOP AND ESTABLISH APPROPRIATE PROTOCOL PROCEDURES FOR FIRE
AND RESCUE EMPLOYEES WHO ACCEPT OR TREAT A NEWBORN UNDER THIS
SUBSECTION.
(3) A PERSON WITH WHOM A NEWBORN IS LEFT UNDER THE
CIRCUMSTANCES DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, WITHIN 3
DAYS AFTER THE NEWBORN WAS LEFT, SHALL TAKE THE NEWBORN TO A HOSPITAL,
LAW ENFORCEMENT AGENCY, LOCAL DEPARTMENT OF SOCIAL SERVICES, OR FIRE
AND RESCUE COMPANY.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall apply only
to a person who leaves a newborn on or after the effective date of this Act if any
provision of this Act or the application thereof to any person or circumstance is held
invalid for any reason in a court of competent jurisdiction, the invalidity does not
affect other provisions or any other application of this Act which can be given effect
without the invalid provision or application, and for this purpose the provisions of this
Act are declared severable and only to an act or omission related to the leaving of a
newborn that occurs on or after the effective date of this Act.
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 2002.
Approved May 16, 2002.
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- 3633 -
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