Sec. 10.01.18.02. 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.

(2) “Covered program” means any of the following facilities and programs:

(a) State facility - psychiatric, licensed under COMAR 10.07.01;

(b) Forensic residential centers (FRCs), licensed under COMAR 10.07.13;

(c) Intermediate care facilities for individuals with intellectual disabilities, licensed under COMAR 10.07.20;

(d) State-operated residential treatment centers for emotionally disturbed children and adolescents, licensed under COMAR 10.07.04;

(e) Vocational and day services programs, licensed by the Developmental Disability Administration (DDA) under COMAR 10.22.07;

(f) Psychiatric rehabilitation programs for adults, licensed by the Behavioral Health Administration (BHA) under COMAR 10.21.21;

(g) Residential rehabilitation programs licensed by BHA under COMAR 10.21.22;

(h) Mental health vocational programs licensed by BHA under COMAR 10.21.28; and

(i) Psychiatric rehabilitation programs for minors licensed by BHA under COMAR 10.21.29.

(3) “Inappropriate sexual behavior” means:

(a) Any sexual act, as defined in §B(9) of this regulation, between any staff member and any individual receiving services from the covered program; and

(b) Any abusive sexual act, as defined in §B(1) of this regulation, between any individual served by the covered program and any other individual, including another individual served by the program.

(4) “Internal complaint process” means a written policy and procedure for a covered program’s handling and investigation of reports of inappropriate sexual behavior, as defined in §B(3) of this regulation, and appropriate actions in response to verified incidents of inappropriate sexual behavior, occurring within the covered program.

(5) “Licensed” means being licensed by the Department or approved by the Department to receive funding to provide services in Maryland.

(6) “Peer training” means awareness and prevention training regarding inappropriate sexual behavior that is provided by a peer of the individual receiving services.

(7) “Program director” means the individual who is responsible for the daily operations of a covered program as outlined in the chapter under the appropriate subtitle that delineates the requirements for a specific program.

(8) “Sexual act” means any of the following, if it is performed for the purpose of arousing sexual thoughts or feelings, or sexual dominance or power, and not for purposes related to the provision of care:

(a) Intentional physical contact, either directly or through clothing, between the genitals, finger or fingers, hand or hands, or mouth of one individual and the genitals, groin, inner thigh, buttocks, anus, breast, or mouth of another;

(b) Intentional physical contact between the tongue or mouth of one individual and any part of the body of another individual;

(c) Attempt to make physical contact between the genitals, finger or fingers, hand or hands, or mouth of one individual and the genitals, groin, inner thigh, buttocks, anus, breast, or mouth of another individual;

(d) Attempt to make physical contact between the tongue or mouth of one individual and any part of the body of another individual;

(e) The following nonphysical contacts:

(i) The intentional exposure by an individual to another of the individual’s naked genitals, groin, inner thigh, buttocks, anus, or breast;

(ii) The intentional exposure by an individual to another of photographs of an individual’s naked genitals, groin, inner thigh, buttocks, anus, or breast;

(iii) The intentional observation by an individual of another individual’s naked genitals, groin, inner thigh, buttocks, anus, or breast;

(iv) Verbal or written description of, questions or suggestions regarding, or requests for any of the physical contacts described in §B(8)(a) and (b) of this regulation;

(v) Photographing, drawing, transmitting an image of, or recording the naked body or body parts of another individual;

(vi) Intentionally exposing an individual to photographs, pictures, drawings, diagrams, or other graphic depictions of naked body or body parts of an individual; and

(vii) Intentionally causing another individual to make or attempt any of the physical contacts described in §B(8)(a) and (b) of this regulation; and

(f) Other intentional acts directed to another individual and performed for the purpose of arousing sexual thoughts or feelings and not for purposes related to the provision of care.

(9) “Staff member” means any individual employed by a covered program, whether contractually or permanently, and any individual who volunteers with, is a contractor for or consultant to, works as an intern or resident for, or otherwise is engaged by, the covered program at any facility or location in which services are provided to individuals.