(a) (1) A person who leaves an unharmed newborn with a responsible adult within 10 days after the birth of the newborn, as determined within a reasonable degree of medical certainty, and does not express an intent to return for the newborn shall be immune from civil liability or criminal prosecution for the act.
(2) If the person leaving a newborn under this subsection is not the mother of the newborn, the person shall have the approval of the mother to do so.
(b) (1) A person with whom a newborn is left under the circumstances described in subsection (a) of this section as soon as reasonably possible shall take the newborn to a hospital or other facility designated by the Secretary of Human Services by regulation.
(2) A hospital or other designated facility that accepts a newborn under this subsection shall notify the local department of social services within 24 hours after accepting the newborn.
(c) A responsible adult and a hospital or other designated facility that accepts a newborn under this section and an employee or agent of the hospital or facility shall be immune from civil liability or criminal prosecution for good faith actions taken related to the acceptance of or medical treatment or care of the newborn unless injury to the newborn was caused by gross negligence or willful or wanton misconduct.
(d) The Secretary of Human Services shall adopt regulations to implement the provisions of this section.
Structure Maryland Statutes
Courts and Judicial Proceedings
Title 5 - Limitations, Prohibited Actions, and Immunities
Subtitle 6 - Immunities and Prohibited Actions -- Health and Public Safety
Section 5-602 - Emergency Defense and Civil Defense Shelters
Section 5-603 - Emergency Medical Care
Section 5-604 - Fire and Rescue Companies
Section 5-605 - Law Enforcement Officer Acting Outside Jurisdiction
Section 5-607 - Volunteer Sports Program Physicians
Section 5-608 - Support for Emergency Medical System
Section 5-609 - Mental Health Care Providers or Administrators
Section 5-610 - Law Enforcement Officer Assisting Victim of Spousal Assault
Section 5-611 - Federal Law Enforcement Officer Making Arrest Without Warrant
Section 5-612 - Officers, Employees of Political Subdivisions When Acting Outside Territorial Limits
Section 5-613 - Liability of Political Subdivision for Acts of Special Police
Section 5-614 - Emergency Veterinary Assistance
Section 5-617 - Persons Assisting in Controlling Discharge of Hazardous Substance
Section 5-618 - Adult Protective Services
Section 5-620 - Persons Reporting Child Abuse or Neglect
Section 5-622 - Persons Reporting Adult Abuse or Neglect
Section 5-623 - Admissions to Mental Health Facilities
Section 5-624 - Emergency Evaluation for Mental Disorder
Section 5-625 - Persons Reporting Abuse of the Developmentally Disabled
Section 5-626 - Persons Reporting Abuse of Individuals in Mental Health Facilities
Section 5-627 - Member of a Clinical Review Panel
Section 5-628 - Review of Health Care Under Maryland Medical Assistance Program
Section 5-629 - Person Administering Drug or Vaccine
Section 5-630 - Processors, Distributors, etc., of Human Blood, Tissue, Organs, or Bones
Section 5-631 - Persons Reporting Abuse of Residents of Related Institutions
Section 5-632 - Tort Liability of Hospitals or Related Institutions
Section 5-633 - Food Which Poses Immediate Threat
Section 5-635 - Customer Use of Employee Toilet Facility in Retail Establishment
Section 5-636 - Licensed Chiropractors Reviewing Fees of Other Chiropractors
Section 5-637 - Medical Review Committees and Persons Cooperating Therewith
Section 5-638 - Persons Giving Information About Physicians to Hospitals, Hospital Staff, Etc
Section 5-639 - Negligent Operation of Emergency Vehicle
Section 5-640 - Child Passenger Safety Technicians
Section 5-642 - Immunity for Transfer of Unclaimed Cremains of Veterans for Disposition