EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXIS TING LAW.
[Brackets] indicate matter deleted from existing law.
*sb0950*
SENATE BILL 950
E2 4lr2938
CF HB 1127
By: Senator Hettleman
Introduced and read first time: February 2, 2024
Assigned to: Finance
A BILL ENTITLED
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 telehealth under certain circumstances; requiring the Maryland 5
Sexual Assault Evidence Kit Policy and Funding Committee to conduct a study on 6
the feasibility of a telehealth program that includes a pilot program for conducting 7
sexual assault forensic examinations through telehealth; and generally relating to 8
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) “Child” means any individual under the age of 18 years. 20
(3) “Initial assessment” includes: 21
(i) a psychological evaluation; 22
2 SENATE BILL 950
(ii) a parental interview; and 1
(iii) a medical evaluation. 2
(4) “Physician” means an individual who is authorized under the Maryland 3
Medical Practice Act to practice medicine in the State. 4
(5) “Qualified health care provider” means an individual who is licensed by 5
a health occupations board established under the Health Occupations Article. 6
(6) (i) “Sexual abuse” means any act that involves sexual molestation 7
or exploitation of a child whether or not the sexual molestation or exploitation of the child 8
is by a parent or other individual who has permanent or temporary care, custody, or 9
responsibility for supervision of a child, or by any household or family member. 10
(ii) “Sexual abuse” includes incest, rape, or sexual offense in any 11
degree. 12
(7) (I) “TELEHEALTH” MEANS, AS IT RELATES TO THE DELIVERY 13
OF HEALTH CARE SERVI CES, THE USE OF INTERACTI VE AUDIO, VIDEO, OR OTHER 14
TELECOMMUNICATIONS O R ELECTRONIC TECHNOLOGY BY A LICE NSED HEALTH 15
CARE PROVIDER TO DEL IVER A HEALTH CARE S ERVICE WITHIN THE SC OPE OF 16
PRACTICE OF THE HEAL TH CARE PROVIDER AT A LOCATION OTHER THA N THE 17
LOCATION OF THE PATI ENT. 18
(II) “TELEHEALTH” DOES NOT INCLUDE : 19
1. AN AUDIO–ONLY TELE PHONE CONVERSATION 20
BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT; 21
2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 22
PROVIDER AND A PATIE NT; OR 23
3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 24
CARE PROVIDER AND A PATIENT. 25
(b) If a physician, a qualified health care provider, or a hospital provides a service 26
described in subsection (c) of this section to a victim of an alleged rape or sexual offense or 27
a victim of alleged child sexual abuse: 28
(1) the services shall be provided without charge to the individual; and 29
(2) the physician, qualified health care provider, or hospital: 30
(i) is entitled to be paid by the Criminal Injuries Compensation 31
Board as provided under Subtitle 8 of this title for the costs of providing the services; 32 SENATE BILL 950 3
(ii) shall provide written or electronic verification signed by a 1
physician or qualified health care provider to the Criminal Injuries Compensation Board 2
that services described in subsection (c) of this section were rendered to a victim of an 3
alleged rape or sexual offense or a victim of alleged child sexual abuse; and 4
(iii) may not include in any request to obtain payment under this 5
subsection a narrative describing the alleged offense of a victim or a photograph of the 6
victim. 7
(c) This section applies to the following services: 8
(1) a physical and sexual assault forensic examination to gather 9
information and evidence as to an alleged crime when the examination is conducted within 10
15 days of the alleged crime or a longer period as provided by regulation; 11
(2) emergency hospital treatment and follow–up medical testing for up to 12
90 days after the initial physical examination; [and] 13
(3) for up to 5 hours of professional time to gather information and evidence 14
of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse 15
by: 16
(i) a physician; 17
(ii) qualified hospital health care personnel; 18
(iii) a qualified health care provider; 19
(iv) a mental health professional; or 20
(v) an interdisciplinary team expert in the field of child abuse; AND 21
(4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH 22
TELEHEALTH . 23
(d) (1) A physician or a qualified health care provider who examines a victim 24
of alleged child sexual abuse under the provisions of this section is immune from civil 25
liability that may result from the failure of the physician or qualified health care provider 26
to obtain consent from the child’s parent, guardian, or custodian for the examination or 27
treatment of the child. 28
(2) The immunity extends to: 29
(i) any hospital with which the physician or qualified health care 30
provider is affiliated or to which the child is brought; and 31
4 SENATE BILL 950
(ii) any individual working under the control or supervision of the 1
hospital. 2
SECTION 2. AND BE IT FURTHER ENACTED, That: 3
(a) The Maryland Sexual Assault Evidence Kit Policy and Funding Committee 4
shall study and make recommendations on the feasibility of a telehealth program in the 5
State that includes a TeleSAFE Pilot Program, which uses telehealth to support the 6
provision of sexual assault forensic examinations. 7
(b) The study required under subsection (a) of this section shall include: 8
(1) the framework of a TeleSAFE Pilot Program; 9
(2) a plan for the development and implementation of the TeleSAFE Pilot 10
Program; and 11
(3) a process to expand the TeleSAFE Pilot Program over time. 12
(c) On or before December 1, 2024, the Maryland Sexual Assault Evidence Kit 13
Policy and Funding Committee shall report its findings and recommendations to the 14
General Assembly, in accordance with § 2–1257 of the State Government Article. 15
SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act shall 16
prohibit a hospital system in the State from seeking and applying for funding from grants 17
related to sexual assault forensic examinations conducted through telehealth. 18
SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 19
1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 20
June 30, 2025, Section 2 of this Act, with no further action required by the General 21
Assembly, shall be abrogated and of no further force and effect. 22