1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Child” means any individual younger than 18 years old.
   2. (2) “Department” means the Maryland Department of Health.
   3. (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. (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.
   5. (4-1) “Forensic nurse examiner” means a registered nurse examiner certified by the Maryland Board of Nursing.

   6. (5) Initial Assessment.

      1. (a) “Initial assessment” means an appraisal for the purpose of establishing and gathering information and evidence as to alleged child sexual abuse.

      2. (b) “Initial assessment” includes a:

         1. (i) Psychological evaluation;
         2. (ii) Parental interview; and
         3. (iii) Medical evaluation.
   7. (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.
   8. (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.
   9. (8) “Physician” means a person licensed to practice medicine in Maryland.
   10. (9) “Provider” means a physician, hospital, or laboratory.
   11. (10) “Qualified hospital health care personnel” means a licensed employee of a hospital licensed by the State.
   12. (11) “Rape” means a criminal act of vaginal intercourse as defined under Criminal Law Article, §§3-303 and 304, Annotated Code of Maryland.

   13. (12) Sexual Abuse.

       1. (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.

       2. (b) “Sexual abuse” includes, but is not limited to:

          1. (i) Incest, rape, or sexual offense in any degree;
          2. (ii) Sodomy; and
          3. (iii) Unnatural or perverted sexual practices.
   14. (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.
   15. (14) “Victim” means a person who is alleged to be the subject of rape, sexual offense, or child sexual abuse.

Authority: Health-General Article, §§2-104(b) and 15-127, Annotated Code of Maryland

Effective date:

Regulations .01—.04 adopted as an emergency provision effective July 1, 1978 (5:14 Md. R. 1133), expired November 11, 1978; adopted permanently effective December 15, 1978 (5:25 Md. R. 1854)

Regulations .01—.04 amended effective December 11, 1989 (16:24 Md. R. 2620)

Regulation .01 amended effective March 2, 1992 (19:4 Md. R. 473)

Regulation .02 amended effective March 2, 1992 (19:4 Md. R. 473)

Regulation .03A amended effective March 2, 1992 (19:4 Md. R. 473)

Regulations .03B and .04A, E, F amended effective November 14, 1980 (7:23 Md. R. 2166)

Regulation .04 amended and recodified to Regulation .05 and new Regulation .04 adopted effective March 2, 1992 (19:4 Md. R. 473)

Chapter revised effective July 5, 2004 (31:13 Md. R. 993)

Regulation .03 amended effective December 29, 2008 (35:26 Md. R. 2249)

Regulation .04B amended effective December 29, 2008 (35:26 Md. R. 2249)

Regulation .05B, F amended effective December 29, 2008 (35:26 Md. R. 2249)