MD
Maryland Senate Bill SB950

Maryland 2024 Regular Session

Maryland Senate Bill SB950 Compare Versions

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1- WES MOORE, Governor Ch. 833
21
3-– 1 –
4-Chapter 833
5-(Senate Bill 950)
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+ *sb0950*
89
9-Sexual Assault Forensic Examinations Conducted Through Telehealth –
10-Reimbursement and Study
10+SENATE BILL 950
11+E2 4lr2938
12+ CF HB 1127
13+By: Senator Hettleman
14+Introduced and read first time: February 2, 2024
15+Assigned to: Finance
16+Committee Report: Favorable with amendments
17+Senate action: Adopted
18+Read second time: February 28, 2024
1119
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.
20+CHAPTER ______
1821
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)
22+AN ACT concerning 1
2423
25- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
26-That the Laws of Maryland read as follows:
24+Sexual Assault Forensic Examinations Conducted Through Telehealth – 2
25+Reimbursement and Study 3
2726
28-Article – Criminal Procedure
27+FOR the purpose of authorizing the reimbursement of a sexual assault forensic exam 4
28+conducted through peer–to–peer telehealth under certain circumstances; requiring 5
29+the Maryland Sexual Assault Evidence Kit Policy and Funding Committee to conduct 6
30+a study on the feasibility of a telehealth program that includes a pilot program for 7
31+conducting sexual assault forensic examinations through telehealth; and generally 8
32+relating to sexual assault forensic examinations and telehealth. 9
2933
30-11–1007.
34+BY repealing and reenacting, with amendments, 10
35+ Article – Criminal Procedure 11
36+Section 11–1007 12
37+ Annotated Code of Maryland 13
38+ (2018 Replacement Volume and 2023 Supplement) 14
3139
32- (a) (1) In this section the following words have the meanings indicated.
40+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
41+That the Laws of Maryland read as follows: 16
3342
34- (2) “Child” means any individual under the age of 18 years.
43+Article – Criminal Procedure 17
3544
36- (3) “Initial assessment” includes:
45+11–1007. 18
3746
38- (i) a psychological evaluation;
47+ (a) (1) In this section the following words have the meanings indicated. 19
48+ 2 SENATE BILL 950
3949
40- (ii) a parental interview; and
4150
42- (iii) a medical evaluation.
51+ (2) “Child” means any individual under the age of 18 years. 1
4352
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. 833 2024 LAWS OF MARYLAND
53+ (3) “Initial assessment” includes: 2
4854
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.
55+ (i) a psychological evaluation; 3
5256
53- (II) “PEER–TO–PEER TELEHEALTH ” DOES NOT INCLUDE :
57+ (ii) a parental interview; and 4
5458
55- 1. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE
56-PROVIDER AND A PATIE NT; OR
59+ (iii) a medical evaluation. 5
5760
58- 2. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H
59-CARE PROVIDER AND A PATIENT.
61+ (4) (I) “PEER–TO–PEER TELEHEALTH ” MEANS, AS IT RELATES TO 6
62+THE PERFORMANCE OF A FORENSIC EXAMINATION , THE USE OF INTERACTI VE 7
63+AUDIO, VIDEO, OR OTHER TELECOMMUNI CATIONS OR ELECTRONI C TECHNOLOGY BY 8
64+A FORENSIC NURSE EXAMIN ER TO ASSIST IN THE PERFORMANCE OF A FOR ENSIC 9
65+EXAMINATION WHEN THE FORENSIC NURSE EXAMI NER IS IN ONE LOCATI ON AND THE 10
66+PATIENT IS WITH A QU ALIFIED HEALTH CARE PROVIDER IN ANOTHER LOCATION. 11
6067
61- (5) “Physician” means an individual who is authorized under the Maryland
62-Medical Practice Act to practice medicine in the State.
68+ (II) “PEER–TO–PEER TELEHEALTH ” DOES NOT INCL UDE: 12
6369
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.
70+ 1. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 13
71+PROVIDER AND A PATIE NT; OR 14
6672
67- (6) (7) (i) “Sexual abuse” means any act that involves sexual
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.
73+ 2. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 15
74+CARE PROVIDER AND A PATIENT. 16
7175
72- (ii) “Sexual abuse” includes incest, rape, or sexual offense in any
73-degree.
76+ (5) “Physician” means an individual who is authorized under the Maryland 17
77+Medical Practice Act to practice medicine in the State. 18
7478
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 TECHNOLOG Y BY A LICENSED HEAL TH
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.
79+ (5) (6) “Qualified health care provider” means an individual who is 19
80+licensed by a health occupations board established under the Health Occupations Article. 20
8181
82- (II) “TELEHEALTH” DOES NOT INCLUDE :
82+ (6) (7) (i) “Sexual abuse” means any act that involves sexual 21
83+molestation or exploitation of a child whether or not the sexual molestation or exploitation 22
84+of the child is by a parent or other individual who has permanent or temporary care, 23
85+custody, or responsibility for supervision of a child, or by any household or family member. 24
8386
84- 1. AN AUDI O–ONLY TELEPHONE CONVE RSATION
85-BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT;
87+ (ii) “Sexual abuse” includes incest, rape, or sexual offense in any 25
88+degree. 26
8689
87- 2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE
88-PROVIDER AND A PATIE NT; OR
90+ (7) (I) “TELEHEALTH” MEANS, AS IT RELATES TO THE DELIVERY 27
91+OF HEALTH CARE SERVI CES, THE USE OF INTERACTI VE AUDIO, VIDEO, OR OTHER 28
92+TELECOMMUNICATIONS O R ELECTRONIC TECHNOLOG Y BY A LICENSED HEAL TH 29
93+CARE PROVIDER TO DEL IVER A HEALTH CARE S ERVICE WITHIN THE SC OPE OF 30
94+PRACTICE OF THE HEAL TH CARE PROVIDER AT A LOCATION OTHER THA N THE 31
95+LOCATION OF THE PATI ENT. 32 SENATE BILL 950 3
8996
90- 3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H
91-CARE PROVIDER AND A PATIENT.
92- WES MOORE, Governor Ch. 833
9397
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:
9898
99- (1) the services shall be provided without charge to the individual; and
99+ (II) “TELEHEALTH” DOES NOT INCLUDE : 1
100100
101- (2) the physician, qualified health care provider, or hospital:
101+ 1. AN AUD IO–ONLY TELEPHONE CONVE RSATION 2
102+BETWEEN A HEALTH CAR E PROVIDER AND A PAT IENT; 3
102103
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;
104+ 2. AN E–MAIL MESSAGE BETWEEN A HEALTH CARE 4
105+PROVIDER AND A PATIE NT; OR 5
105106
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
107+ 3. A FACSIMILE TRANSMIS SION BETWEEN A HEALT H 6
108+CARE PROVIDER AND A PATIENT. 7
110109
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.
110+ (b) If a physician, a qualified health care provider, or a hospital provides a service 8
111+described in subsection (c) of this section to a victim of an alleged rape or sexual offense or 9
112+a victim of alleged child sexual abuse: 10
114113
115- (c) This section applies to the following services:
114+ (1) the services shall be provided without charge to the individual; and 11
116115
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;
116+ (2) the physician, qualified health care provider, or hospital: 12
120117
121- (2) emergency hospital treatment and follow–up medical testing for up to
122-90 days after the initial physical examination; [and]
118+ (i) is entitled to be paid by the Criminal Injuries Compensation 13
119+Board as provided under Subtitle 8 of this title for the costs of providing the services; 14
123120
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:
121+ (ii) shall provide written or electronic verification signed by a 15
122+physician or qualified health care provider to the Criminal Injuries Compensation Board 16
123+that services described in subsection (c) of this section were rendered to a victim of an 17
124+alleged rape or sexual offense or a victim of alleged child sexual abuse; and 18
127125
128- (i) a physician;
126+ (iii) may not include in any request to obtain payment under this 19
127+subsection a narrative describing the alleged offense of a victim or a photograph of the 20
128+victim. 21
129129
130- (ii) qualified hospital health care personnel;
130+ (c) This section applies to the following services: 22
131131
132- (iii) a qualified health care provider;
132+ (1) a physical and sexual assault forensic examination to gather 23
133+information and evidence as to an alleged crime when the examination is conducted within 24
134+15 days of the alleged crime or a longer period as provided by regulation; 25
133135
134- (iv) a mental health professional; or
136+ (2) emergency hospital treatment and follow–up medical testing for up to 26
137+90 days after the initial physical examination; [and] 27
135138
136- (v) an interdisciplinary team expert in the field of child abuse; AND
139+ (3) for up to 5 hours of professional time to gather information and evidence 28
140+of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse 29
141+by: 30
137142
138- (4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH
139-PEER–TO–PEER TELEHEALTH .
140- Ch. 833 2024 LAWS OF MARYLAND
143+ (i) a physician; 31 4 SENATE BILL 950
141144
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.
148145
149- (2) The immunity extends to:
150146
151- (i) any hospital with which the physician or qualified health care
152-provider is affiliated or to which the child is brought; and
147+ (ii) qualified hospital health care personnel; 1
153148
154- (ii) any individual working under the control or supervision of the
155-hospital.
149+ (iii) a qualified health care provider; 2
156150
157- SECTION 2. AND BE IT FURTHER ENACTED, That:
151+ (iv) a mental health professional; or 3
158152
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.
153+ (v) an interdisciplinary team expert in the field of child abuse; AND 4
163154
164- (b) The study required under subsection (a) of this section shall include:
155+ (4) A SEXUAL ASSAULT FOR ENSIC EXAM CONDUCTED THROUGH 5
156+PEER–TO–PEER TELEHEALTH . 6
165157
166- (1) the framework of a TeleSAFE Pilot Program;
158+ (d) (1) A physician or a qualified health care provider who examines a victim 7
159+of alleged child sexual abuse under the provisions of this section is immune from civil 8
160+liability that may result from the failure of the physician or qualified health care provider 9
161+to obtain consent from the child’s parent, guardian, or custodian for the examination or 10
162+treatment of the child. 11
167163
168- (2) a plan for the development and implementation of the TeleSAFE Pilot
169-Program; and
164+ (2) The immunity extends to: 12
170165
171- (3) a process to expand the TeleSAFE Pilot Program over time.
166+ (i) any hospital with which the physician or qualified health care 13
167+provider is affiliated or to which the child is brought; and 14
172168
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.
169+ (ii) any individual working under the control or supervision of the 15
170+hospital. 16
176171
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.
172+ SECTION 2. AND BE IT FURTHER ENACTED, That: 17
180173
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.
174+ (a) The Maryland Sexual Assault Evidence Kit Policy and Funding Committee 18
175+shall study and make recommendations on the feasibility of a telehealth program in the 19
176+State that includes a TeleSAFE Pilot Program, which uses telehealth to support the 20
177+provision of sexual assault forensic examinations. 21
185178
186-Approved by the Governor, May 16, 2024.
179+ (b) The study required under subsection (a) of this section shall include: 22
180+
181+ (1) the framework of a TeleSAFE Pilot Program; 23
182+
183+ (2) a plan for the development and implementation of the TeleSAFE Pilot 24
184+Program; and 25
185+
186+ (3) a process to expand the TeleSAFE Pilot Program over time. 26
187+
188+ (c) On or before December 1, 2024, the Maryland Sexual Assault Evidence Kit 27
189+Policy and Funding Committee shall report its findings and recommendations to the 28
190+General Assembly, in accordance with § 2–1257 of the State Government Article. 29
191+ SENATE BILL 950 5
192+
193+
194+ SECTION 3. AND BE IT FURTHER ENACTED, That nothing in this Act shall 1
195+prohibit a hospital system in the State from seeking and applying for funding from grants 2
196+related to sexual assault forensic examinations conducted through telehealth. 3
197+
198+ SECTION 4. AND BE IT FURTHER ENACTED, That this Act shall take effect July 4
199+1, 2024. Section 2 of this Act shall remain effective for a period of 1 year and, at the end of 5
200+June 30, 2025, Section 2 of this Act, with no further action required by the General 6
201+Assembly, shall be abrogated and of no further force and effect. 7
202+
203+
204+
205+
206+Approved:
207+________________________________________________________________________________
208+ Governor.
209+________________________________________________________________________________
210+ President of the Senate.
211+________________________________________________________________________________
212+ Speaker of the House of Delegates.