Sec. 10.01.18.05. 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.

C. Upon the receipt of a report made under §B 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 System; and

(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.

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

E. Promptly after completing an investigation of a report or complaint 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, or both, as applicable;

(2) The Office of Health Care Quality;

(3) The State’s Designated Protection and Advocacy System; and

(4) If the results indicate a violation of criminal law, law enforcement authorities.