MD
Maryland House Bill HB1127

Maryland 2024 Regular Session

Maryland House Bill HB1127 Compare Versions

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1- WES MOORE, Governor Ch. 832
21
3-– 1 –
4-Chapter 832
5-(House Bill 1127)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb1127*
89
9-Sexual Assault Forensic Examinations Conducted Through Telehealth –
10-Reimbursement and Study
10+HOUSE BILL 1127
11+E2 4lr2944
12+ CF SB 950
13+By: Delegate Bartlett Delegates Bartlett, Arikan, Grammer, Conaway, Kaufman,
14+and Williams
15+Introduced and read first time: February 7, 2024
16+Assigned to: Judiciary
17+Committee Report: Favorable with amendments
18+House action: Adopted
19+Read second time: February 27, 2024
1120
12-FOR the purpose of authorizing the reimbursement of a sexual assault forensic exam
13-conducted through peer–to–peer telehealth under certain circumstances; requiring
14-the Maryland Sexual Assault Evidence Kit Policy and Funding Committee to conduct
15-a study on the feasibility of a telehealth program that includes a pilot program for
16-conducting sexual assault forensic examinations through telehealth; and generally
17-relating to sexual assault forensic examinations and telehealth.
21+CHAPTER ______
1822
19-BY repealing and reenacting, with amendments,
20- Article – Criminal Procedure
21-Section 11–1007
22- Annotated Code of Maryland
23- (2018 Replacement Volume and 2023 Supplement)
23+AN ACT concerning 1
2424
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
25+Sexual Assault Forensic Examinations Conducted Through Telehealth – 2
26+Reimbursement and Study 3
2727
28-Article – Criminal Procedure
28+FOR the purpose of authorizing the reimbursement of a sexual assault forensic exam 4
29+conducted through peer–to–peer telehealth under certain circumstances; requiring 5
30+the Maryland Sexual Assault Evidence Kit Policy and Funding Committee to conduct 6
31+a study on the feasibility of a telehealth program that includes a pilot program for 7
32+conducting sexual assault forensic examinations through telehealth; and generally 8
33+relating to sexual assault forensic examinations and telehealth. 9
2934
30-11–1007.
35+BY repealing and reenacting, with amendments, 10
36+ Article – Criminal Procedure 11
37+Section 11–1007 12
38+ Annotated Code of Maryland 13
39+ (2018 Replacement Volume and 2023 Supplement) 14
3140
32- (a) (1) In this section the following words have the meanings indicated.
41+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
42+That the Laws of Maryland read as follows: 16
3343
34- (2) “Child” means any individual under the age of 18 years.
44+Article – Criminal Procedure 17
3545
36- (3) “Initial assessment” includes:
46+11–1007. 18
3747
38- (i) a psychological evaluation;
48+ (a) (1) In this section the following words have the meanings indicated. 19 2 HOUSE BILL 1127
3949
40- (ii) a parental interview; and
4150
42- (iii) a medical evaluation.
4351
44- (4) (I) “PEER–TO–PEER TELEHEALTH ” MEANS, AS IT RELATES TO
45-THE PERFORMANCE OF A FORENSIC EXAMINATION , THE USE OF INTERACTI VE
46-AUDIO, VIDEO, OR OTHER TELECOMMUNI CATIONS OR ELECTRONI C TECHNOLOGY BY
47-A FORENSIC NURSE EXAMINER T O ASSIST IN THE PERF ORMANCE OF A FORENSI C Ch. 832 2024 LAWS OF MARYLAND
52+ (2) “Child” means any individual under the age of 18 years. 1
4853
49-– 2 –
50-EXAMINATION WHEN THE FORENSIC NURSE EXAMI NER IS IN ONE LOCATI ON AND THE
51-PATIENT IS WITH A QU ALIFIED HEALTH CARE PROVIDER IN ANOTHER LOCATION.
54+ (3) “Initial assessment” includes: 2
5255
53- (II) “PEER–TO–PEER TELEHEALTH ” DOES NOT INCLUDE :
56+ (i) a psychological evaluation; 3
5457
55- 1. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE
56-PROVIDER AND A PATIE NT; OR
58+ (ii) a parental interview; and 4
5759
58- 2. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H
59-CARE PROVIDER AND A PATIENT.
60+ (iii) a medical evaluation. 5
6061
61- (5) “Physician” means an individual who is authorized under the Maryland
62-Medical Practice Act to practice medicine in the State.
62+ (4) (I) “PEER–TO–PEER TELEHEALTH ” MEANS, AS IT RELATES TO 6
63+THE PERFORMANCE OF A FORENSIC EXAMINATION , THE USE OF INTERACTI VE 7
64+AUDIO, VIDEO, OR OTHER TELECOMMUNI CATIONS OR ELECT RONIC TECHNOLOGY BY 8
65+A FORENSIC NURSE EXA MINER TO ASSIST IN T HE PERFORMANCE OF A FORENSIC 9
66+EXAMINATION WHEN THE FORENSIC NURSE EXAMI NER IS IN ONE LOCATI ON AND THE 10
67+PATIENT IS WITH A QU ALIFIED HEALTH CARE PROVIDER IN ANOTHER LOCATION. 11
6368
64- (5) (6) “Qualified health care provider” means an individual who is
65-licensed by a health occupations board established under the Health Occupations Article.
69+ (II) “PEER–TO–PEER TELEHEALTH” DOES NOT INCLUDE : 12
6670
67- (6) (7) (i) “Sexual abuse” means any act that involves sex ual
68-molestation or exploitation of a child whether or not the sexual molestation or exploitation
69-of the child is by a parent or other individual who has permanent or temporary care,
70-custody, or responsibility for supervision of a child, or by any household or family member.
71+ 1. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 13
72+PROVIDER AND A PATIE NT; OR 14
7173
72- (ii) “Sexual abuse” includes incest, rape, or sexual offense in any
73-degree.
74+ 2. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 15
75+CARE PROVIDER AND A PATIENT. 16
7476
75- (7) (I) “TELEHEALTH” MEANS, AS IT RELATES TO THE DELIVERY
76-OF HEALTH CARE SERVI CES, THE USE OF INTERACTI VE AUDIO, VIDEO, OR OTHER
77-TELECOMMUNICATIONS O R ELECTRONIC TECHNOLOGY B Y A LICENSED HEALTH
78-CARE PROVIDER TO DEL IVER A HEALTH CARE S ERVICE WITHIN THE SC OPE OF
79-PRACTICE OF THE HEAL TH CARE PROVIDER AT A LOCATION OTHER THA N THE
80-LOCATION OF THE PATI ENT.
77+ (5) “Physician” means an individual who is authorized under the Maryland 17
78+Medical Practice Act to practice medicine in the State. 18
8179
82- (II) “TELEHEALTH” DOES NOT INCLUDE :
80+ (5) (6) “Qualified health care provider” means an individual who is 19
81+licensed by a health occupations board established under the Health Occupations Article. 20
8382
84- 1. AN AUDIO–ONLY TELEPHONE CONVE RSATION
85-BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT;
83+ (6) (7) (i) “Sexual abuse” means any act that involves sexual 21
84+molestation or exploitation of a child whether or not the sexual molestation or exploitation 22
85+of the child is by a parent or other individual who has permanent or temporary care, 23
86+custody, or responsibility for supervision of a child, or by any household or family member. 24
8687
87- 2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE
88-PROVIDER AND A PATIE NT; OR
88+ (ii) “Sexual abuse” includes incest, rape, or sexual offense in any 25
89+degree. 26
8990
90- 3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H
91-CARE PROVIDER AND A PATIENT.
92- WES MOORE, Governor Ch. 832
91+ (7) (I) “TELEHEALTH” MEANS, AS IT RELATES TO THE DELIVERY 27
92+OF HEALTH CARE SERVI CES, THE USE OF INTERACTI VE AUDIO, VIDEO, OR OTHER 28
93+TELECOMMUNICATIONS O R ELECTRONIC TECHNOL OGY BY A LICENSED HE ALTH 29
94+CARE PROVIDER TO DEL IVER A HEALTH CARE S ERVICE WITHIN THE SC OPE OF 30 HOUSE BILL 1127 3
9395
94-– 3 –
95- (b) If a physician, a qualified health care provider, or a hospital provides a service
96-described in subsection (c) of this section to a victim of an alleged rape or sexual offense or
97-a victim of alleged child sexual abuse:
9896
99- (1) the services shall be provided without charge to the individual; and
97+PRACTICE OF THE HEAL TH CARE PROVIDER AT A LOCATION OTHER THA N THE 1
98+LOCATION OF THE PATI ENT. 2
10099
101- (2) the physician, qualified health care provider, or hospital:
100+ (II) “TELEHEALTH” DOES NOT INCLUDE: 3
102101
103- (i) is entitled to be paid by the Criminal Injuries Compensation
104-Board as provided under Subtitle 8 of this title for the costs of providing the services;
102+ 1. AN AUDIO –ONLY TELEPHONE CONVE RSATION 4
103+BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT; 5
105104
106- (ii) shall provide written or electronic verification signed by a
107-physician or qualified health care provider to the Criminal Injuries Compensation Board
108-that services described in subsection (c) of this section were rendered to a victim of an
109-alleged rape or sexual offense or a victim of alleged child sexual abuse; and
105+ 2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 6
106+PROVIDER AND A PATIE NT; OR 7
110107
111- (iii) may not include in any request to obtain payment under this
112-subsection a narrative describing the alleged offense of a victim or a photograph of the
113-victim.
108+ 3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 8
109+CARE PROVIDER AND A PATIENT. 9
114110
115- (c) This section applies to the following services:
111+ (b) If a physician, a qualified health care provider, or a hospital provides a service 10
112+described in subsection (c) of this section to a victim of an alleged rape or sexual offense or 11
113+a victim of alleged child sexual abuse: 12
116114
117- (1) a physical and sexual assault forensic examination to gather
118-information and evidence as to an alleged crime when the examination is conducted within
119-15 days of the alleged crime or a longer period as provided by regulation;
115+ (1) the services shall be provided without charge to the individual; and 13
120116
121- (2) emergency hospital treatment and follow–up medical testing for up to
122-90 days after the initial physical examination; [and]
117+ (2) the physician, qualified health care provider, or hospital: 14
123118
124- (3) for up to 5 hours of professional time to gather information and evidence
125-of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse
126-by:
119+ (i) is entitled to be paid by the Criminal Injuries Compensation 15
120+Board as provided under Subtitle 8 of this title for the costs of providing the services; 16
127121
128- (i) a physician;
122+ (ii) shall provide written or electronic verification signed by a 17
123+physician or qualified health care provider to the Criminal Injuries Compensation Board 18
124+that services described in subsection (c) of this section were rendered to a victim of an 19
125+alleged rape or sexual offense or a victim of alleged child sexual abuse; and 20
129126
130- (ii) qualified hospital health care personnel;
127+ (iii) may not include in any request to obtain payment under this 21
128+subsection a narrative describing the alleged offense of a victim or a photograph of the 22
129+victim. 23
131130
132- (iii) a qualified health care provider;
131+ (c) This section applies to the following services: 24
133132
134- (iv) a mental health professional; or
133+ (1) a physical and sexual assault forensic examination to gather 25
134+information and evidence as to an alleged crime when the examination is conducted within 26
135+15 days of the alleged crime or a longer period as provided by regulation; 27
135136
136- (v) an interdisciplinary team expert in the field of child abuse; AND
137+ (2) emergency hospital treatment and follow–up medical testing for up to 28
138+90 days after the initial physical examination; [and] 29
137139
138- (4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH
139-PEER–TO–PEER TELEHEALTH .
140- Ch. 832 2024 LAWS OF MARYLAND
140+ (3) for up to 5 hours of professional time to gather information and evidence 30
141+of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse 31
142+by: 32 4 HOUSE BILL 1127
141143
142-– 4 –
143- (d) (1) A physician or a qualified health care provider who examines a victim
144-of alleged child sexual abuse under the provisions of this section is immune from civil
145-liability that may result from the failure of the physician or qualified health care provider
146-to obtain consent from the child’s parent, guardian, or custodian for the examination or
147-treatment of the child.
148144
149- (2) The immunity extends to:
150145
151- (i) any hospital with which the physician or qualified health care
152-provider is affiliated or to which the child is brought; and
146+ (i) a physician; 1
153147
154- (ii) any individual working under the control or supervision of the
155-hospital.
148+ (ii) qualified hospital health care personnel; 2
156149
157- SECTION 2. AND BE IT FURTHER ENACTED, That:
150+ (iii) a qualified health care provider; 3
158151
159- (a) The Maryland Sexual Assault Evidence Kit Policy and Funding Committee
160-shall study and make recommendations on the feasibility of a telehealth program in the
161-State that includes a TeleSAFE Pilot Program, which uses telehealth to support the
162-provision of sexual assault forensic examinations.
152+ (iv) a mental health professional; or 4
163153
164- (b) The study required under subsection (a) of this section shall include:
154+ (v) an interdisciplinary team expert in the field of child abuse; AND 5
165155
166- (1) the framework of a TeleSAFE Pilot Program;
156+ (4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH 6
157+PEER–TO–PEER TELEHEALTH . 7
167158
168- (2) a plan for the development and implementation of the TeleSAFE Pilot
169-Program; and
159+ (d) (1) A physician or a qualified health care provider who examines a victim 8
160+of alleged child sexual abuse under the provisions of this section is immune from civil 9
161+liability that may result from the failure of the physician or qualified health care provider 10
162+to obtain consent from the child’s parent, guardian, or custodian for the examination or 11
163+treatment of the child. 12
170164
171- (3) a process to expand the TeleSAFE Pilot Program over time.
165+ (2) The immunity extends to: 13
172166
173- (c) On or before December 1, 2024, the Maryland Sexual Assault Evidence Kit
174-Policy and Funding Committee shall report its findings and recommendations to the
175-General Assembly, in accordance with § 2–1257 of the State Government Article.
167+ (i) any hospital with which the physician or qualified health care 14
168+provider is affiliated or to which the child is brought; and 15
176169
177- SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act shall
178-prohibit a hospital system in the State from seeking and applying for funding from grants
179-related to sexual assault forensic examinations conducted through telehealth.
170+ (ii) any individual working under the control or supervision of the 16
171+hospital. 17
180172
181- SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July
182-1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of
183-June 30, 2025, Section 2 of this Act, with no further action required by the General
184-Assembly, shall be abrogated and of no further force and effect.
173+ SECTION 2. AND BE IT FURTHER ENACTED, That: 18
185174
186-Approved by the Governor, May 16, 2024.
175+ (a) The Maryland Sexual Assault Evidence Kit Policy and Funding Committee 19
176+shall study and make recommendations on the feasibility of a telehealth program in the 20
177+State that includes a TeleSAFE Pilot Program, which uses telehealth to support the 21
178+provision of sexual assault forensic examinations. 22
179+
180+ (b) The study required under subsection (a) of this section shall include: 23
181+
182+ (1) the framework of a TeleSAFE Pilot Program; 24
183+
184+ (2) a plan for the development and implementation of the TeleSAFE Pilot 25
185+Program; and 26
186+
187+ (3) a process to expand the TeleSAFE Pilot Program over time. 27
188+
189+ (c) On or before December 1, 2024, the Maryland Sexual Assault Evidence Kit 28
190+Policy and Funding Committee shall report its findings and recommendations to the 29
191+General Assembly, in accordance with § 2–1257 of the State Government Article. 30 HOUSE BILL 1127 5
192+
193+
194+
195+ SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act shall 1
196+prohibit a hospital system in the State from seeking and applying for funding from grants 2
197+related to sexual assault forensic examinations conducted through telehealth. 3
198+
199+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
200+1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 5
201+June 30, 2025, Section 2 of this Act, with no further action required by the General 6
202+Assembly, shall be abrogated and of no further force and effect. 7
203+
204+
205+
206+
207+Approved:
208+________________________________________________________________________________
209+ Governor.
210+________________________________________________________________________________
211+ Speaker of the House of Delegates.
212+________________________________________________________________________________
213+ President of the Senate.