Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 12 - ADULT HEALTH › Chapter 10.12.02 - Rape and Sexual Offenses-Physician and Hospital Charges › Section 10.12.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Child" means any individual younger than
				  18 years old.
(2) "Department"
				  means the State Department of Health and Mental Hygiene.
(3) "Emergency hospital treatment" means the
				  provision of those services which are medically necessary to treat the victim's
				  physical health or alleviate the victim's severe pain or discomfort.
(4) "Examination" means a medical
				  examination, including the necessary tests, for the purpose of establishing and
				  gathering information and evidence as to the alleged rape or sexual offense
				  only.
(4-1) "Forensic nurse examiner" means a registered nurse
					 examiner certified by the Maryland Board of Nursing.
(5) Initial Assessment.
(a) "Initial assessment" means an appraisal
				  for the purpose of establishing and gathering information and evidence as to
				  alleged child sexual abuse.
(b)
				  "Initial assessment" includes a:
(i)
				  Psychological evaluation;
(ii)
				  Parental interview; and
(iii)
				  Medical evaluation.
(6) "Interdisciplinary team expert in the
				  field of child abuse" means a licensed physician, psychologist, social worker,
				  nurse practitioner, nurse, or mental health professional working in a setting
				  that specializes in child abuse.
(7) "Mental health professional" means a
				  board-eligible or board-certified psychiatrist, a licensed psychologist, or a
				  person with a minimum of a master's degree and clinical training in an accepted
				  mental health field, including the fields of counseling, nursing, occupational
				  therapy, psychology, and social work.
(8) "Physician" means a person licensed to
				  practice medicine in Maryland.
(9)
				  "Provider" means a physician, hospital, or laboratory.
(10) "Qualified hospital health care
				  personnel" means a licensed employee of a hospital licensed by the
				  State.
(11) "Rape" means a criminal
				  act of vaginal intercourse as defined under Criminal Law Article, §§
											3-303 and 304, Annotated
				  Code of Maryland.
(12) Sexual
				  Abuse.
(a) "Sexual abuse" means an act that
				  involves sexual molestation or exploitation of a child whether or not the
				  sexual molestation or exploitation of the child is by a parent or other person
				  who has permanent or temporary care, or custody or responsibility for
				  supervision of a child, or by a household or family member.
(b) "Sexual abuse" includes, but is not
				  limited to:
(i) Incest, rape, or sexual
				  offense in any degree;
(ii) Sodomy;
				  and
(iii) Unnatural or perverted
				  sexual practices.
(13) "Sexual offense" means a criminal sexual
				  act or sexual contact as defined under Criminal Law Article, §§3-305
				  -3-308, Annotated Code of Maryland.
(14) "Victim" means a person who is alleged
				  to be the subject of rape, sexual offense, or child sexual abuse.