Current through Register Vol. 51, No. 19, September 20, 2024
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.
