Maryland 2025 Regular Session

Maryland Senate Bill SB205 Latest Draft

Bill / Chaptered Version Filed 04/10/2025

                             	WES MOORE, Governor 	Ch. 38 
 
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Chapter 38 
(Senate Bill 205) 
 
AN ACT concerning 
 
Human Services – Adult Protective Services 
 
FOR the purpose of specifying that certain provisions of law relating to confidentiality do 
not prohibit the disclosure of certain information relating to adult protective services 
or the disclosure of the identity of certain persons making certain reports under 
certain circumstances; expanding the definition of “health practitioner” to include 
certain emergency medical services providers in certain provisions of law relating to 
adult protective services; authorizing certain individuals who are required under 
certain circumstances to report certain information regarding alleged vulnerable 
adults to make a report by calling the statewide reporting hotline; and generally 
relating to vulnerable adults and adult protective services. 
 
BY repealing and reenacting, with amendments, 
 Article – Human Services 
 Section 1–201 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2024 Supplement)  
 
BY repealing and reenacting, with amendments, 
 Article – Family Law 
 Section 14–101(g), 14–302(b), and 14–308 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2024 Supplement) 
 
BY repealing and reenacting, without amendments, 
 Article – Family Law 
 Section 14–302(a) 
 Annotated Code of Maryland 
 (2019 Replacement Volume and 2024 Supplement)  
 
 SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 
That the Laws of Maryland read as follows: 
 
Article – Human Services 
 
1–201. 
 
 (a) Except as provided in subsection (b) of this section, a person may not disclose 
any information concerning an applicant for or recipient of social services, child welfare 
services, cash assistance, food stamps, or medical assistance that is directly or indirectly 
derived from the records, investigations, or communications of the State, a county, or a  Ch. 38 	2025 LAWS OF MARYLAND  
 
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municipal corporation or a unit of the State, a county, or a municipal corporation or that is 
acquired in the course of the performance of official duties. 
 
 (b) This section does not prohibit the disclosure of information: 
 
 (1) in accordance with a court order; 
 
 (2) to an officer or employee of any state or local government[,] OR the 
United States, [or a fiduciary institution,] if the officer or employee is entitled to the 
information in an official capacity and the disclosure is necessary to administer: 
 
 (i) public assistance, medical assistance, social services, or child 
welfare services programs; or 
 
 (ii) voter registration in accordance with § 3–203 of the Election Law 
Article; [or] 
 
 (3) to a fiduciary institution that reported suspected financial abuse or 
financial exploitation, if the fiduciary institution is authorized to request the information 
under § 1–306(h) of the Financial Institutions Article; OR 
 
 (4) RELATING TO ADULT PR OTECTIVE SERVICES , TO AN OFFICER OR 
EMPLOYEE OF ANY STAT E OR LOCAL GOVERNMEN T OR THE UNITED STATES IF THE 
OFFICER OR EMPLOYEE IS RESPONSIBLE FOR C ONDUCTING AN INVESTI GATION IN 
AN OFFICIAL CAPACITY AND THE DISCLOSURE I S RELEVANT TO THE IN VESTIGATION. 
 
 (c) A person who violates this section is guilty of a misdemeanor and on conviction 
is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both. 
 
 SECTION 2. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 
as follows:  
 
Article – Family Law 
 
14–101. 
 
 (g) (1) “Health practitioner” includes any person who is authorized to practice 
healing under the Health Occupations Article OR, EXCEPT AS PROVIDED I N PARAGRAPH 
(2) OF THIS SUBSECTION , § 13–516 OF THE EDUCATION ARTICLE. 
 
 (2) “HEALTH PRACTITIONER ” DOES NOT INCLUDE AN EMERGENCY 
MEDICAL DISPATCHER , AS DEFINED IN § 13–516 OF THE EDUCATION ARTICLE. 
 
 SECTION 3. AND BE IT FURTHER ENACTED, That the Laws of Maryland read 
as follows:   	WES MOORE, Governor 	Ch. 38 
 
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Article – Family Law 
 
14–302. 
 
 (a) (1) Except as provided in paragraph (2) of this subsection, notwithstanding 
any law on privileged communications, each health practitioner, police officer, or human 
service worker who contacts, examines, attends, or treats an alleged vulnerable adult, and 
who has reason to believe that the alleged vulnerable adult has been subjected to abuse, 
neglect, self–neglect, or exploitation shall: 
 
 (i) notify the local department; and 
 
 (ii) if acting as a staff member of a hospital or public health agency, 
immediately notify and give all the information required by this section to the head of the 
institution or the designee of the head. 
 
 (2) An ombudsman, as defined in § 10–901 of the Human Services Article, 
shall comply with 42 U.S.C. § 3058g(d)(2) and may not disclose the identity of a resident or 
complainant except as authorized under 42 U.S.C. § 3058g(d)(2). 
 
 (b) An individual who is required to make a report under subsection (a) of this 
section shall make the report AS SOON AS POSSIBLE by telephone, BY direct 
communication, or in writing to the local department [as soon as possible] OR BY CALLING 
THE STATEWIDE REPORT ING HOTLINE.  
 
14–308. 
 
 (a) Subject to the provisions of subsection (b) of this section, the identity of any 
person who makes a report under § 14–302 of this subtitle shall be confidential. 
 
 (b) The identity of a person who makes a report under § 14–302 of this subtitle 
may be disclosed if: 
 
 (1) the person consents; [or] 
 
 (2) the court orders the disclosure; OR 
 
 (3) THE DISCLOSURE OCCUR S IN ACCORDANCE WITH § 1–201 OF THE 
HUMAN SERVICES ARTICLE. 
 
 SECTION 4. AND BE IT FURTHER ENACTED, That Section 2 of this Act shall take 
effect July 1, 2026.  
 
 SECTION 2. 5. AND BE IT FURTHER ENACTED, That , except as provided in 
Section 4 of this Act, this Act shall take effect October 1, 2025.   Ch. 38 	2025 LAWS OF MARYLAND  
 
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Approved by the Governor, April 8, 2025.