Md. Code Regs. 10.01.18.05 - Mandatory Reporting Requirements

A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter:

(1) Non-State operated residential treatment centers for emotionally disturbed children and adolescents;

(2) Vocational and day service programs;

(3) Psychiatric rehabilitation programs for adults and minors;

(4) Residential rehabilitation programs; and

(5) Supported employment programs.

B. A covered program shall comply with the reporting requirements of:

(1) COMAR 07.02.16.04;

(2) COMAR 07.02.07.04;

(3) This regulation; and

(4) Any other applicable law or regulation requiring the reporting of inappropriate sexual behavior.

C. 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.

D. Upon the receipt of a report made under §C of this regulation, the program director shall:

(1) Immediately ensure:

(a) The safety, security, privacy, and emotional support of the individual or individuals involved; and

(b) That any medically appropriate and necessary care is provided to the individual or individuals involved;

(2) Report the incident within 1 working day after receiving the report to:

(a) The Behavioral Health Administration or the Developmental Disabilities Administration, or both, as applicable;

(b) The Office of Health Care Quality; and

(c) The State's designated protection and advocacy agency.

(3) Report the incident immediately, and in no circumstances more than 1 working day, after receiving the report to the appropriate law enforcement authorities if the reported inappropriate sexual behavior violates or may violate the law.

E. The report made under §B(2) of this regulation shall be made using the form required by the Department.

F. Promptly after completing an investigation of a report of inappropriate sexual behavior, the program director shall report the results of the investigation to:

(1) The Behavioral Health Administration or the Developmental Disabilities Administration in accordance with applicable reporting procedures required by the Department;

(2) The Office of Health Care Quality;

(3) The State's designated protection advocacy agency; and

(4) The appropriate law enforcement authorities if the results of the covered program's investigation indicate a violation of the law may have occurred, but the allegations were not initially reported pursuant to §D(3) of this regulation because the allegations, as initially reported, did not involve inappropriate sexual behavior that may violate the law.

Notes

Md. Code Regs. 10.01.18.05

Regulation .05 adopted effective 42:23 Md. R. 1433, eff.11/23/2015; amended effective 48:26 Md. R.1110, eff. 12/27/2021