EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb1127*
HOUSE BILL 1127
E2 4lr2944
CF SB 950
By: Delegate Bartlett Delegates Bartlett, Arikan, Grammer, Conaway, Kaufman,
and Williams
Introduced and read first time: February 7, 2024
Assigned to: Judiciary
Committee Report: Favorable with amendments
House action: Adopted
Read second time: February 27, 2024
CHAPTER ______
AN ACT concerning 1
Sexual Assault Forensic Examinations Conducted Through Telehealth – 2
Reimbursement and Study 3
FOR the purpose of authorizing the reimbursement of a sexual assault forensic exam 4
conducted through peer–to–peer telehealth under certain circumstances; requiring 5
the Maryland Sexual Assault Evidence Kit Policy and Funding Committee to conduct 6
a study on the feasibility of a telehealth program that includes a pilot program for 7
conducting sexual assault forensic examinations through telehealth; and generally 8
relating to sexual assault forensic examinations and telehealth. 9
BY repealing and reenacting, with amendments, 10
Article – Criminal Procedure 11
Section 11–1007 12
Annotated Code of Maryland 13
(2018 Replacement Volume and 2023 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Criminal Procedure 17
11–1007. 18
(a) (1) In this section the following words have the meanings indicated. 19 2 HOUSE BILL 1127
(2) “Child” means any individual under the age of 18 years. 1
(3) “Initial assessment” includes: 2
(i) a psychological evaluation; 3
(ii) a parental interview; and 4
(iii) a medical evaluation. 5
(4) (I) “PEER–TO–PEER TELEHEALTH ” MEANS, AS IT RELATES TO 6
THE PERFORMANCE OF A FORENSIC EXAMINATION , THE USE OF INTERACTI VE 7
AUDIO, VIDEO, OR OTHER TELECOMMUNI CATIONS OR ELECT RONIC TECHNOLOGY BY 8
A FORENSIC NURSE EXA MINER TO ASSIST IN T HE PERFORMANCE OF A FORENSIC 9
EXAMINATION WHEN THE FORENSIC NURSE EXAMI NER IS IN ONE LOCATI ON AND THE 10
PATIENT IS WITH A QU ALIFIED HEALTH CARE PROVIDER IN ANOTHER LOCATION. 11
(II) “PEER–TO–PEER TELEHEALTH” DOES NOT INCLUDE : 12
1. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 13
PROVIDER AND A PATIE NT; OR 14
2. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 15
CARE PROVIDER AND A PATIENT. 16
(5) “Physician” means an individual who is authorized under the Maryland 17
Medical Practice Act to practice medicine in the State. 18
(5) (6) “Qualified health care provider” means an individual who is 19
licensed by a health occupations board established under the Health Occupations Article. 20
(6) (7) (i) “Sexual abuse” means any act that involves sexual 21
molestation or exploitation of a child whether or not the sexual molestation or exploitation 22
of the child is by a parent or other individual who has permanent or temporary care, 23
custody, or responsibility for supervision of a child, or by any household or family member. 24
(ii) “Sexual abuse” includes incest, rape, or sexual offense in any 25
degree. 26
(7) (I) “TELEHEALTH” MEANS, AS IT RELATES TO THE DELIVERY 27
OF HEALTH CARE SERVI CES, THE USE OF INTERACTI VE AUDIO, VIDEO, OR OTHER 28
TELECOMMUNICATIONS O R ELECTRONIC TECHNOL OGY BY A LICENSED HE ALTH 29
CARE PROVIDER TO DEL IVER A HEALTH CARE S ERVICE WITHIN THE SC OPE OF 30 HOUSE BILL 1127 3
PRACTICE OF THE HEAL TH CARE PROVIDER AT A LOCATION OTHER THA N THE 1
LOCATION OF THE PATI ENT. 2
(II) “TELEHEALTH” DOES NOT INCLUDE: 3
1. AN AUDIO –ONLY TELEPHONE CONVE RSATION 4
BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT; 5
2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 6
PROVIDER AND A PATIE NT; OR 7
3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 8
CARE PROVIDER AND A PATIENT. 9
(b) If a physician, a qualified health care provider, or a hospital provides a service 10
described in subsection (c) of this section to a victim of an alleged rape or sexual offense or 11
a victim of alleged child sexual abuse: 12
(1) the services shall be provided without charge to the individual; and 13
(2) the physician, qualified health care provider, or hospital: 14
(i) is entitled to be paid by the Criminal Injuries Compensation 15
Board as provided under Subtitle 8 of this title for the costs of providing the services; 16
(ii) shall provide written or electronic verification signed by a 17
physician or qualified health care provider to the Criminal Injuries Compensation Board 18
that services described in subsection (c) of this section were rendered to a victim of an 19
alleged rape or sexual offense or a victim of alleged child sexual abuse; and 20
(iii) may not include in any request to obtain payment under this 21
subsection a narrative describing the alleged offense of a victim or a photograph of the 22
victim. 23
(c) This section applies to the following services: 24
(1) a physical and sexual assault forensic examination to gather 25
information and evidence as to an alleged crime when the examination is conducted within 26
15 days of the alleged crime or a longer period as provided by regulation; 27
(2) emergency hospital treatment and follow–up medical testing for up to 28
90 days after the initial physical examination; [and] 29
(3) for up to 5 hours of professional time to gather information and evidence 30
of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse 31
by: 32 4 HOUSE BILL 1127
(i) a physician; 1
(ii) qualified hospital health care personnel; 2
(iii) a qualified health care provider; 3
(iv) a mental health professional; or 4
(v) an interdisciplinary team expert in the field of child abuse; AND 5
(4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH 6
PEER–TO–PEER TELEHEALTH . 7
(d) (1) A physician or a qualified health care provider who examines a victim 8
of alleged child sexual abuse under the provisions of this section is immune from civil 9
liability that may result from the failure of the physician or qualified health care provider 10
to obtain consent from the child’s parent, guardian, or custodian for the examination or 11
treatment of the child. 12
(2) The immunity extends to: 13
(i) any hospital with which the physician or qualified health care 14
provider is affiliated or to which the child is brought; and 15
(ii) any individual working under the control or supervision of the 16
hospital. 17
SECTION 2. AND BE IT FURTHER ENACTED, That: 18
(a) The Maryland Sexual Assault Evidence Kit Policy and Funding Committee 19
shall study and make recommendations on the feasibility of a telehealth program in the 20
State that includes a TeleSAFE Pilot Program, which uses telehealth to support the 21
provision of sexual assault forensic examinations. 22
(b) The study required under subsection (a) of this section shall include: 23
(1) the framework of a TeleSAFE Pilot Program; 24
(2) a plan for the development and implementation of the TeleSAFE Pilot 25
Program; and 26
(3) a process to expand the TeleSAFE Pilot Program over time. 27
(c) On or before December 1, 2024, the Maryland Sexual Assault Evidence Kit 28
Policy and Funding Committee shall report its findings and recommendations to the 29
General Assembly, in accordance with § 2–1257 of the State Government Article. 30 HOUSE BILL 1127 5
SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act shall 1
prohibit a hospital system in the State from seeking and applying for funding from grants 2
related to sexual assault forensic examinations conducted through telehealth. 3
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 5
June 30, 2025, Section 2 of this Act, with no further action required by the General 6
Assembly, shall be abrogated and of no further force and effect. 7
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.