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.
*sb0950*
SENATE BILL 950
E2 4lr2938
CF HB 1127
By: Senator Hettleman
Introduced and read first time: February 2, 2024
Assigned to: Finance
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: February 28, 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 SENATE BILL 950
(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 ELECTRONI C TECHNOLOGY BY 8
A FORENSIC NURSE EXAMIN ER TO ASSIST IN THE PERFORMANCE OF A FOR ENSIC 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 INCL UDE: 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 TECHNOLOG Y BY A LICENSED HEAL TH 29
CARE PROVIDER TO DEL IVER A HEALTH CARE S ERVICE WITHIN THE SC OPE OF 30
PRACTICE OF THE HEAL TH CARE PROVIDER AT A LOCATION OTHER THA N THE 31
LOCATION OF THE PATI ENT. 32 SENATE BILL 950 3
(II) “TELEHEALTH” DOES NOT INCLUDE : 1
1. AN AUD IO–ONLY TELEPHONE CONVE RSATION 2
BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT; 3
2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 4
PROVIDER AND A PATIE NT; OR 5
3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 6
CARE PROVIDER AND A PATIENT. 7
(b) If a physician, a qualified health care provider, or a hospital provides a service 8
described in subsection (c) of this section to a victim of an alleged rape or sexual offense or 9
a victim of alleged child sexual abuse: 10
(1) the services shall be provided without charge to the individual; and 11
(2) the physician, qualified health care provider, or hospital: 12
(i) is entitled to be paid by the Criminal Injuries Compensation 13
Board as provided under Subtitle 8 of this title for the costs of providing the services; 14
(ii) shall provide written or electronic verification signed by a 15
physician or qualified health care provider to the Criminal Injuries Compensation Board 16
that services described in subsection (c) of this section were rendered to a victim of an 17
alleged rape or sexual offense or a victim of alleged child sexual abuse; and 18
(iii) may not include in any request to obtain payment under this 19
subsection a narrative describing the alleged offense of a victim or a photograph of the 20
victim. 21
(c) This section applies to the following services: 22
(1) a physical and sexual assault forensic examination to gather 23
information and evidence as to an alleged crime when the examination is conducted within 24
15 days of the alleged crime or a longer period as provided by regulation; 25
(2) emergency hospital treatment and follow–up medical testing for up to 26
90 days after the initial physical examination; [and] 27
(3) for up to 5 hours of professional time to gather information and evidence 28
of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse 29
by: 30
(i) a physician; 31 4 SENATE BILL 950
(ii) qualified hospital health care personnel; 1
(iii) a qualified health care provider; 2
(iv) a mental health professional; or 3
(v) an interdisciplinary team expert in the field of child abuse; AND 4
(4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH 5
PEER–TO–PEER TELEHEALTH . 6
(d) (1) A physician or a qualified health care provider who examines a victim 7
of alleged child sexual abuse under the provisions of this section is immune from civil 8
liability that may result from the failure of the physician or qualified health care provider 9
to obtain consent from the child’s parent, guardian, or custodian for the examination or 10
treatment of the child. 11
(2) The immunity extends to: 12
(i) any hospital with which the physician or qualified health care 13
provider is affiliated or to which the child is brought; and 14
(ii) any individual working under the control or supervision of the 15
hospital. 16
SECTION 2. AND BE IT FURTHER ENACTED, That: 17
(a) The Maryland Sexual Assault Evidence Kit Policy and Funding Committee 18
shall study and make recommendations on the feasibility of a telehealth program in the 19
State that includes a TeleSAFE Pilot Program, which uses telehealth to support the 20
provision of sexual assault forensic examinations. 21
(b) The study required under subsection (a) of this section shall include: 22
(1) the framework of a TeleSAFE Pilot Program; 23
(2) a plan for the development and implementation of the TeleSAFE Pilot 24
Program; and 25
(3) a process to expand the TeleSAFE Pilot Program over time. 26
(c) On or before December 1, 2024, the Maryland Sexual Assault Evidence Kit 27
Policy and Funding Committee shall report its findings and recommendations to the 28
General Assembly, in accordance with § 2–1257 of the State Government Article. 29
SENATE BILL 950 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.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.