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10.01.18.00.htm
| 10.01.18.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 01 PROCEDURES Chapter 18 Sexual Abuse Awareness and Prevention Training Authority: Health-General Article, §2-104, Annotated Code of Maryland |
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10.01.18.01.htm
| 10.01.18.01. 01 Scope.. This chapter:. A. Prohibits inappropriate sexual behavior in covered programs; and. B. Adopts awareness and prevention training and reporting requirements regarding inappropriate sexual behavior that a covered program shall fulfill in order to be licensed by the Department or any of its Administrations, or approved by the Department or any of its Administrations to receive funding to provide services in Maryland. |
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10.01.18.02.htm
| 10.01.18.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) Abusive Sexual Act.. a) “Abusive sexual act” means any sexual act, as defined in §B(8) of this regulation, that is made or threatened to be made without consent of the individual who is the recipient of the action.b) “Abusive sexual act” includes sexual harassment, sexual assault, and any other sexual action prohibited by State or federal law. |
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10.01.18.03.htm
| 10.01.18.03. 03 Covered Program Policies.. A. A covered program shall ensure that the covered program has adopted and enforces policies that:. 1) Are approved in the course of licensing the program;. 2) Prohibit inappropriate sexual behavior that occurs:. a) Anywhere, between a staff member and an individual served by the covered program; and. b) On the premises of the covered program or at any off-premises activity sponsored by the covered program, between: |
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10.01.18.04.htm
| 10.01.18.04. 04 Training Requirements.. A. A covered program shall include awareness and prevention training on inappropriate sexual behavior as part of the established orientation process for:1) Program staff, including volunteers and students; and. 2) Individuals receiving services.. B. The inappropriate sexual behavior awareness and prevention training module may be provided by the covered program or its cC. The inappropriate sexual behavior awareness and prevention training module shall:. |
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10.01.18.05.htm
| 10.01.18.05. 05 Mandatory Reporting.. A. A covered program shall comply with the reporting requirements of:. 1) COMAR 07.02.16.04;. 2) COMAR 07.02.07.04; and. 3) This chapter.. B. Any staff member who observes, receives a complaint regarding, or otherwise has reason to believe that an individual has been subjected to, inappropriate sexual behavior shall file a report with the program director promptly, but in no circumstances more than 1 working day, after becoming aware of the situation. |
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10.01.18.06.htm
| 10.01.18.06. 06 Internal Complaint Process.. A. A covered program shall:. 1) Adopt and maintain an internal complaint process as defined in this chapter;. 2) Provide a copy of the covered program’s written internal complaint process to each individual receiving services from the covered program:a) During the individual’s orientation; and. b) At any time upon an individual’s request; and. 3) Prominently display, in accessible, centralized locations, the covered program’s internal complai |
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10.01.18.07.htm
| 10.01.18.07. 07 Confidentiality.. State and federal confidentiality laws and regulations shall govern the redisclosure of information disclosed in all actions taken upon a report or complaint of inappropriate sexual behavior. |
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10.01.18.08.htm
| 10.01.18.08. 08 Effective Date.. This chapter is effective January 1, 2015.. |
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10.01.18.9999.htm
| 10.01.18.9999. Administrative History Effective date: November 23, 2015 (42:23 Md. R. 1433). |
