10.48.01.02

.02 Definitions.

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

B. Terms Defined.

(1) "Abuse" means:

(a) The physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed; or

(b) Sexual abuse of a child, whether physical injuries are sustained or not.

(2) "Child" means any individual under 18 years old.

(3) "Department" means the Maryland Department of Health.

(4) "Emergency medical treatment" means medical or surgical care rendered by a physician or health care institution to a child to relieve any urgent illness or life threatening health condition or to determine the nature or extent of any alleged injury or health condition. Emergency medical treatment does not include non-emergency outpatient treatment or periodic nonemergency health care.

(5) "Examination" means the medical evaluation of a child to determine the nature and extent of any physical neglect, physical injury, or physical abuse.

(6) "Local department of social services" means the Baltimore City or county social services department under the supervision of the Social Services Administration.

(7) "Medical Assistance Program" means a program of comprehensive medical and other health-related care for indigent and medically indigent persons.

(8) "Mental injury" means the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.

(9) "Neglect" means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child, under circumstances that indicate:

(a) That the child's health or welfare is harmed or placed at substantial risk of harm; or

(b) Mental injury to the child or a substantial risk of mental injury.

(10) "Physician" means an individual legally licensed to practice medicine in Maryland.

(11) "Program" means the Child Abuse and Neglect Medical Reimbursement Program.

(12) "Provider" means any physician or health care institution which renders medical care or services to a child who has been or is alleged to have been abused or neglected.

(13) "Sexual abuse" means any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, and includes:

(a) Incest, rape, or sexual offense in any degree;

(b) Sodomy; and

(c) Unnatural or perverted sexual practices.