WES MOORE, Governor Ch. 832
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Chapter 832
(House Bill 1127)
AN ACT concerning
Sexual Assault Forensic Examinations Conducted Through Telehealth –
Reimbursement and Study
FOR the purpose of authorizing the reimbursement of a sexual assault forensic exam
conducted through peer–to–peer telehealth under certain circumstances; requiring
the Maryland Sexual Assault Evidence Kit Policy and Funding Committee to conduct
a study on the feasibility of a telehealth program that includes a pilot program for
conducting sexual assault forensic examinations through telehealth; and generally
relating to sexual assault forensic examinations and telehealth.
BY repealing and reenacting, with amendments,
Article – Criminal Procedure
Section 11–1007
Annotated Code of Maryland
(2018 Replacement Volume and 2023 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Criminal Procedure
11–1007.
(a) (1) In this section the following words have the meanings indicated.
(2) “Child” means any individual under the age of 18 years.
(3) “Initial assessment” includes:
(i) a psychological evaluation;
(ii) a parental interview; and
(iii) a medical evaluation.
(4) (I) “PEER–TO–PEER TELEHEALTH ” MEANS, AS IT RELATES TO
THE PERFORMANCE OF A FORENSIC EXAMINATION , THE USE OF INTERACTI VE
AUDIO, VIDEO, OR OTHER TELECOMMUNI CATIONS OR ELECTRONI C TECHNOLOGY BY
A FORENSIC NURSE EXAMINER T O ASSIST IN THE PERF ORMANCE OF A FORENSI C Ch. 832 2024 LAWS OF MARYLAND
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EXAMINATION WHEN THE FORENSIC NURSE EXAMI NER IS IN ONE LOCATI ON AND THE
PATIENT IS WITH A QU ALIFIED HEALTH CARE PROVIDER IN ANOTHER LOCATION.
(II) “PEER–TO–PEER TELEHEALTH ” DOES NOT INCLUDE :
1. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE
PROVIDER AND A PATIE NT; OR
2. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H
CARE PROVIDER AND A PATIENT.
(5) “Physician” means an individual who is authorized under the Maryland
Medical Practice Act to practice medicine in the State.
(5) (6) “Qualified health care provider” means an individual who is
licensed by a health occupations board established under the Health Occupations Article.
(6) (7) (i) “Sexual abuse” means any act that involves sex ual
molestation or exploitation of a child whether or not the sexual molestation or exploitation
of the child is by a parent or other individual who has permanent or temporary care,
custody, or responsibility for supervision of a child, or by any household or family member.
(ii) “Sexual abuse” includes incest, rape, or sexual offense in any
degree.
(7) (I) “TELEHEALTH” MEANS, AS IT RELATES TO THE DELIVERY
OF HEALTH CARE SERVI CES, THE USE OF INTERACTI VE AUDIO, VIDEO, OR OTHER
TELECOMMUNICATIONS O R ELECTRONIC TECHNOLOGY B Y A LICENSED HEALTH
CARE PROVIDER TO DEL IVER A HEALTH CARE S ERVICE WITHIN THE SC OPE OF
PRACTICE OF THE HEAL TH CARE PROVIDER AT A LOCATION OTHER THA N THE
LOCATION OF THE PATI ENT.
(II) “TELEHEALTH” DOES NOT INCLUDE :
1. AN AUDIO–ONLY TELEPHONE CONVE RSATION
BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT;
2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE
PROVIDER AND A PATIE NT; OR
3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H
CARE PROVIDER AND A PATIENT.
WES MOORE, Governor Ch. 832
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(b) If a physician, a qualified health care provider, or a hospital provides a service
described in subsection (c) of this section to a victim of an alleged rape or sexual offense or
a victim of alleged child sexual abuse:
(1) the services shall be provided without charge to the individual; and
(2) the physician, qualified health care provider, or hospital:
(i) is entitled to be paid by the Criminal Injuries Compensation
Board as provided under Subtitle 8 of this title for the costs of providing the services;
(ii) shall provide written or electronic verification signed by a
physician or qualified health care provider to the Criminal Injuries Compensation Board
that services described in subsection (c) of this section were rendered to a victim of an
alleged rape or sexual offense or a victim of alleged child sexual abuse; and
(iii) may not include in any request to obtain payment under this
subsection a narrative describing the alleged offense of a victim or a photograph of the
victim.
(c) This section applies to the following services:
(1) a physical and sexual assault forensic examination to gather
information and evidence as to an alleged crime when the examination is conducted within
15 days of the alleged crime or a longer period as provided by regulation;
(2) emergency hospital treatment and follow–up medical testing for up to
90 days after the initial physical examination; [and]
(3) for up to 5 hours of professional time to gather information and evidence
of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse
by:
(i) a physician;
(ii) qualified hospital health care personnel;
(iii) a qualified health care provider;
(iv) a mental health professional; or
(v) an interdisciplinary team expert in the field of child abuse; AND
(4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH
PEER–TO–PEER TELEHEALTH .
Ch. 832 2024 LAWS OF MARYLAND
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(d) (1) A physician or a qualified health care provider who examines a victim
of alleged child sexual abuse under the provisions of this section is immune from civil
liability that may result from the failure of the physician or qualified health care provider
to obtain consent from the child’s parent, guardian, or custodian for the examination or
treatment of the child.
(2) The immunity extends to:
(i) any hospital with which the physician or qualified health care
provider is affiliated or to which the child is brought; and
(ii) any individual working under the control or supervision of the
hospital.
SECTION 2. AND BE IT FURTHER ENACTED, That:
(a) The Maryland Sexual Assault Evidence Kit Policy and Funding Committee
shall study and make recommendations on the feasibility of a telehealth program in the
State that includes a TeleSAFE Pilot Program, which uses telehealth to support the
provision of sexual assault forensic examinations.
(b) The study required under subsection (a) of this section shall include:
(1) the framework of a TeleSAFE Pilot Program;
(2) a plan for the development and implementation of the TeleSAFE Pilot
Program; and
(3) a process to expand the TeleSAFE Pilot Program over time.
(c) On or before December 1, 2024, the Maryland Sexual Assault Evidence Kit
Policy and Funding Committee shall report its findings and recommendations to the
General Assembly, in accordance with § 2–1257 of the State Government Article.
SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act shall
prohibit a hospital system in the State from seeking and applying for funding from grants
related to sexual assault forensic examinations conducted through telehealth.
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July
1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of
June 30, 2025, Section 2 of this Act, with no further action required by the General
Assembly, shall be abrogated and of no further force and effect.
Approved by the Governor, May 16, 2024.