reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 9 - Licensing › Section 7-909 - Inspections and Reports of Licensees; Regulations

(a)    In this section, the word “licensee” means a person who is licensed by the Department under this title to provide services.
(b)    (1)    The Department shall inspect each site or office operated by a licensee at least once annually and at any other time that the Department considers necessary.
(2)    The Department shall evaluate periodically the performance of surveyors who carry out inspections under this subsection to ensure the consistent and uniform interpretation and application of licensing requirements.
(c)    The Department shall keep a report of each inspection.
(d)    The Department shall bring any deficiencies to the attention of:
(1)    The executive officer of the licensee; or
(2)    In the case of an intermediate care facility–intellectual disability, the State Planning Council and the State–designated protection and advocacy agency.
(e)    (1)    The Department shall adopt regulations that establish a system of prioritization to respond to and investigate serious reportable incidents, as defined by the Department, in the areas of abuse, neglect, serious injury, and medication errors that threaten the health, safety, and well–being of individuals receiving services funded by the Department in State–operated and in community programs licensed by the Department.
(2)    The Department shall seek input from individuals with disabilities and their families, licensees, and advocacy organizations in developing the regulations, prior to publishing the regulations in the Maryland Register for public comment.
(3)    The regulations shall define and address:
(i)    The procedures and timelines that providers must follow when reporting serious reportable incidents and deaths to the Department;
(ii)    The Department’s protocol to determine the necessity to investigate a serious reportable incident that takes into account:
1.    The severity of the incident;
2.    The quality of the licensee’s internal investigation; and
3.    The number and frequency of serious reportable incidents reported by the licensee to the Department;
(iii)    The specific roles and responsibilities of each governmental unit involved in any follow–up investigations that may occur due to a licensee’s report of a serious reportable incident or death;
(iv)    Methods of investigations, including on–site investigations;
(v)    Timelines for response to serious reportable incidents and deaths and investigation of serious reportable incidents and deaths;
(vi)    Timelines for issuing specified reports, including corrective action plans, to the Department, licensee, Mortality and Quality Review Committee, Medicaid Fraud Unit, individuals receiving services from the licensee involved in the incident and their guardians or family members, and others; and
(vii)    Follow–up protocols for the Department to ensure that corrective action has been implemented by the licensee.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 10 - Rights of Individuals › Section 7-1002 - "Qualified Developmental Disability Professional" Defined; Policy; Regulations; Posting and Copies of Policy

(a)    “Qualified developmental disability professional” shall be defined by rule and regulation.
(b)    It is the policy of this State that, in addition to any other rights, each individual who receives any services provided by the Administration or by a licensee has the following basic rights:
(1)    The right to be treated with courtesy, respect, and full recognition of human dignity and individuality;
(2)    The right to receive treatment, services, and habilitation in the most integrated setting that is available, adequate, appropriate, and in compliance with relevant laws and regulations;
(3)    The right to be free from mental and physical abuse;
(4)    The right to be free from chemical restraints, except for minimal restraints that a physician authorizes, in writing, for a clearly indicated medical need and makes a permanent part of the individual’s record;
(5)    The right to be free from physical restraints except for minimal restraints that are authorized in writing and made a permanent part of the record by a physician or qualified developmental disability professional and which are clearly indicated for the protection of the individual with developmental disability or others;
(6)    The right to privacy;
(7)    The right to worship as the individual chooses;
(8)    The right to an accounting of any funds of the individual; and
(9)    The right to be informed of all of the most integrated setting service options licensed through the Administration.
(c)    The Secretary shall issue regulations to enforce the rights enumerated in subsection (b) of this section.
(d)    Each licensee shall:
(1)    Post, conspicuously in a public place, the policy stated in this section;
(2)    Give a copy of the policy:
(i)    On admittance, to the individual;
(ii)    To the guardian, next of kin, or sponsoring agency of the individual; and
(iii)    To a representative payee of the individual;
(3)    Keep a receipt for the copy that is signed by the person who received the copy; and
(4)    Provide appropriate staff training to carry out the policy.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 10 - Rights of Individuals › Section 7-1005 - Abuse

(a)    (1)    In this section, “abuse” means:
(i)    Any physical injury that is inflicted willfully or with gross recklessness;
(ii)    Inhumane treatment; or
(iii)    Any of the following kinds of sexual abuse:
1.    A sexual act, as defined in § 3–301 of the Criminal Law Article;
2.    Sexual contact, as defined in § 3–301 of the Criminal Law Article; or
3.    Vaginal intercourse, as defined in § 3–301 of the Criminal Law Article.
(2)    In this section, “abuse” does not include:
(i)    The performance of:
1.    An accepted medical procedure that a physician orders;
2.    An accepted behavioral procedure that a licensed psychologist or psychiatrist, as appropriate, orders; or
(ii)    An action taken by an employee that complies with applicable State and federal laws and applicable Department policies on the use of physical intervention.
(b)    (1)    In addition to any other reporting requirement of law, a person who believes that an individual with developmental disability has been abused promptly shall report the alleged abuse to the executive officer or administrative head of the licensee.
(2)    The executive officer or administrative head shall report the alleged abuse to an appropriate law–enforcement agency.
(3)    A report to the executive officer or administrative head:
(i)    May be oral or written; and
(ii)    Shall contain as much information as the reporter is able to provide.
(c)    (1)    The law–enforcement agency shall:
(i)    Investigate thoroughly each report of an alleged abuse; and
(ii)    Attempt to ensure the protection of the alleged victim.
(2)    The investigation shall include:
(i)    A determination of the nature, extent, and cause of the abuse;
(ii)    The identity of the alleged abuser or abusers; and
(iii)    Any other pertinent fact or matter.
(d)    As soon as possible, but no later than 10 working days after the completion of the investigation, the law–enforcement agency shall submit a written report of its findings to the State’s Attorney, the Deputy Secretary, the State–designated protection and advocacy agency, and the executive officer or administrative head of the licensee.
(e)    The Administration shall maintain a central registry of abuse reports and their disposition and shall take appropriate remedial action.
(f)    A person shall have the immunity from liability described under § 5–625 of the Courts and Judicial Proceedings Article for:
(1)    Making a report under this section;
(2)    Participating in an investigation arising out of a report under this section; or
(3)    Participating in a judicial proceeding arising out of a report under this section.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 10 - Rights of Individuals › Section 7-1007 - Licensee Required to Provide Information on Request

On request, the licensee shall give to the Deputy Secretary or a designee of the Deputy Secretary:
(1)    Any information that the licensee has about an individual served by the licensee;
(2)    Access to the records of the licensee;
(3)    Access to any individual served;
(4)    Access to the records of individuals served by the licensee; and
(5)    Access to any part of the premises of the licensee.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 10 - Rights of Individuals › Section 7-1008 - Records -- Required

(a)    (1)    Each licensee shall keep complete records for each individual who is served by the licensee under this title.
(2)    The record shall contain all of the information that is required by this title or the Administration.
(b)    A licensee shall keep records in a secure area and available for the inspection by any person with the right of access to the records under this title.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 10 - Rights of Individuals › Section 7-1011 - Contest

(a)    An individual with developmental disability or person who is authorized to act on behalf of the individual may:
(1)    Contest a record that the licensee keeps on the individual;
(2)    Ask for an addition to or other change in the record; and
(3)    Contest disclosure of the record.
(b)    Within 14 days after a licensee receives a request to change a record, the licensee shall acknowledge receipt of the request.
(c)    (1)    Within 14 days after a licensee acknowledges receipt of the request, the licensee shall:
(i)    Make or refuse to make the requested change; and
(ii)    Give the person who requested the change written notice of the licensee’s action.
(2)    A notice of refusal shall contain:
(i)    Each reason for the refusal; and
(ii)    Any procedures that the Deputy Secretary has set for review of the refusal.
(d)    (1)    An individual with developmental disability or person who is authorized to act on behalf of the individual may ask the Deputy Secretary to review the refusal.
(2)    Within 45 days after the request for review, the Deputy Secretary shall:
(i)    Complete the review;
(ii)    Make a final determination; and
(iii)    Give the individual with developmental disability or person who is authorized to act on behalf of the individual written notice of the final determination.
(e)    If the final determination of the Deputy Secretary is a refusal to change a record, the written notice shall include:
(1)    Each reason for the refusal;
(2)    The procedure for inserting in the record a concise statement of the reason that the individual with developmental disability or person who is authorized to act on behalf of the individual disagrees with that refusal; and
(3)    Information on the right to seek judicial review of the decision of the Deputy Secretary.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 11 - Prohibited Acts; Penalties; Civil Liability › Section 7-1101 - Providing Services Unlawfully

(a)    (1)    Unless licensed by the Administration under this title, a person may not provide the following services to an individual with developmental disability or to a recipient of individual support services, as defined in § 7-901 of this title:
(i)    Day habilitation services;
(ii)    Residential services;
(iii)    Services coordination;
(iv)    Vocational services;
(v)    More than 1 family support service, as defined in § 7-701 of this title;
(vi)    More than 1 individual support service; and
(vii)    More than 1 community supported living arrangements service, as defined in § 7-709 of this title.
(2)    The Administration, the Administration’s designee, or an agency that receives public funds may not place an individual in a residential group home or other facility that is not operating in compliance with applicable State licensing laws.
(b)    A person who provides services in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.
(c)    An employee, officer, or director of a provider of services under this title or any other person who knowingly participates in a violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, or imprisonment not exceeding 1 year, or both.
(d)    In addition to any other penalties specified in this section, an individual who is admitted or held against the individual’s will by a person who is providing services without a license may recover civil damages from that person and from any other person who knowingly participates in the admission or detention.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 11 - Prohibited Acts; Penalties; Civil Liability › Section 7-1102 - Interference With Rights of Individuals

(a)    A person may not interfere knowingly with the rights of an individual who receives any services under this title.
(b)    A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000, or imprisonment not exceeding 2 years, or both.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 11 - Prohibited Acts; Penalties; Civil Liability › Section 7-1103 - Disclosure of Records by Custodians

(a)    In this section, “custodian” means:
(1)    Executive officer or administrative head of a licensee, as defined in § 7-1001 of this title;
(2)    An individual who is responsible for the area where records on individuals who are served by a licensee, as defined in § 7-1001 of this title, are kept; or
(3)    Any individual who has or controls the record.
(b)    In addition to any damages recoverable in a court of general jurisdiction, a custodian of a record who discloses the record in violation of § 7-1010 of this title is liable to the individual whose records are disclosed unlawfully for punitive damages in an amount that does not exceed $500 plus reasonable attorney’s fees.
2023 Maryland Statutes › Health - General › Title 7 - Developmental Disabilities Law › Subtitle 11 - Prohibited Acts; Penalties; Civil Liability › Section 7-1104 - Unlawful Remuneration of Funds

(a)    A State employee may not receive or solicit, directly or indirectly, any remuneration for providing services to an individual eligible for services under this title except for compensation provided for in the State budget, those charges provided for in Title 16 of this article, and funds received in accordance with subsection (b) of this section.
(b)    (1)    A State residential center may accept nonbudgeted funds that are available to it but are not part of the appropriation process in this State.
(2)    A State residential center may accept these funds only under the policy or regulations that the Secretary sets.
(c)    An employee of a licensee may not receive or solicit, directly or indirectly, any remuneration for providing services within the scope of that employment to an individual eligible for services under this title, other than compensation provided by the licensee.
(d)    A person who knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 2 - Behavioral Health Administration › Section 7.5-203 - Powers and Duties -- in General

(a)    (1)    The Director exercises the powers, duties, and responsibilities of office subject to the authority of the Secretary.
(2)    The Director shall report to the Deputy Secretary for Behavioral Health.
(b)    The Secretary may exercise any power or perform any duty of the Administration.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 2 - Behavioral Health Administration › Section 7.5-204 - Powers and Duties of Director -- Enumerated

(a)    The Director is responsible for carrying out the powers, duties, and responsibilities of the Administration.
(b)    In addition to the powers set forth elsewhere in this title, the Director may:
(1)    Within the amounts made available by appropriation or grant, make any agreement or joint financial arrangement to do or have done anything necessary, desirable, or proper to carry out the purposes of this title and Titles 8 and 10 of this article;
(2)    Organize and manage the Administration in a manner that will enable it best to discharge the duties of the Administration;
(3)    Appoint the number of assistant directors and staff provided for in the State budget;
(4)    Remove an assistant director for incompetence or misconduct; and
(5)    Unless expressly provided otherwise by law, assign to any subordinate unit or individual in the Administration any function that is imposed by law on the Director.
(c)    In addition to the duties set forth elsewhere in this title, the Director shall do anything necessary or proper to carry out the scope of this title and Titles 8 and 10 of this article.
(d)    It is the policy of the State that the Director may collaborate with other State agencies to promote coordinated care and treatment of individuals who have behavioral health disorders.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 2 - Behavioral Health Administration › Section 7.5-205 - Powers and Duties of Secretary and Administration

(a)    The Secretary shall provide facilities for the care and treatment of individuals who have mental disorders.
(b)    The Administration shall:
(1)    Supervise the custody, care, and treatment of individuals in State facilities who have mental disorders;
(2)    Provide oversight of community–based services for persons with behavioral health disorders; and
(3)    Establish programs for research and development of care and treatment for individuals who have behavioral health disorders.
(c)    The Administration may provide funds for a public or nonprofit organization to carry out pilot or demonstration projects relating to individuals who have behavioral health disorders.
(d)    The Secretary shall adopt regulations to carry out the provisions of this title and Titles 8 and 10 of this article, including provisions for the issuance of licenses.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 2 - Behavioral Health Administration › Section 7.5-205.1 - Outpatient Civil Commitment Pilot Program

(a)    The Administration may establish an outpatient civil commitment pilot program to allow for the release of an individual who is involuntarily admitted for inpatient treatment under § 10–632 of this article on condition of the individual’s admission into the pilot program.
(b)    If the Administration establishes a pilot program under subsection (a) of this section, the Administration shall:
(1)    Adopt criteria an individual must meet in order to be admitted into the pilot program;
(2)    Establish application, hearing, and notice requirements;
(3)    Specify the rights of an individual who may be or who has been admitted into the pilot program;
(4)    Allow an eligible individual to request enrollment into the pilot program; and
(5)    Allow an immediate family member of an eligible individual to request that the individual be voluntarily enrolled into the pilot program.
(c)    If the Administration establishes a pilot program under subsection (a) of this section, on or before December 1 each year the pilot program is in existence, the Administration shall submit to the Senate Finance Committee and the House Health and Government Operations Committee, in accordance with § 2–1257 of the State Government Article, a report that includes:
(1)    The number of individuals admitted into the pilot program during the immediately preceding 12–month period;
(2)    The number of applications for admission into the pilot program submitted during the immediately preceding 12–month period;
(3)    The cost of administering the pilot program for the immediately preceding 12–month period;
(4)    For individuals admitted into the program voluntarily and involuntarily:
(i)    The percentage of individuals admitted into the pilot program who adhered to the treatment plan established for the individual under the pilot program;
(ii)    Treatment outcomes; and
(iii)    The type, intensity, and frequency of services provided to individuals admitted into the pilot program; and
(5)    Any other information that may be useful in determining whether a permanent outpatient civil commitment program should be established.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 2 - Behavioral Health Administration › Section 7.5-206 - Discrimination Prohibited

No otherwise–qualified individual with a behavioral health disorder, solely by reason of the individual’s status as an individual with a behavioral health disorder, shall be denied the services of, or be subjected to discrimination by, any public or private hospital or community–based treatment program.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 2 - Behavioral Health Administration › Section 7.5-207 - Establishment of Crisis Treatment Centers

(a)    Subject to subsection (b) of this section, the Administration shall establish crisis treatment centers that provide individuals who are in a mental health or substance use disorder crisis with access to clinical staff who:
(1)    Perform assessments and level of care determinations 24 hours a day and 7 days a week; and
(2)    Connect the individuals to care immediately.
(b)    At least one crisis treatment center shall be established on or before June 1, 2018.
(c)    The Administration shall establish the crisis treatment centers required under subsection (a) of this section in a manner that is consistent with the strategic plan developed by the Behavioral Health Advisory Council, as required by Chapters 405 and 406 of the Acts of the General Assembly of 2016.
(d)    On or before September 1, 2017, and on or before September 1 each year thereafter until the Administration establishes the crisis treatment centers required under subsection (a) of this section, the Administration shall submit, in accordance with § 2–1257 of the State Government Article, a report on the status of the establishment of crisis treatment centers under this section to the Joint Committee on Behavioral Health and Opioid Use Disorders.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 3 - Behavioral Health Advisory Council › Section 7.5-304 - Procedures; Compensation and Reimbursement for Expenses; Staff

(a)    (1)    The Council may adopt procedures necessary to do business, including the creation of committees or task forces.
(2)    The Council may consult with State agencies to carry out the duties of the Council.
(3)    The Council shall meet at least six times a year.
(4)    A majority of the voting members of the Council is a quorum.
(b)    A member of the Council:
(1)    May not receive compensation as a member of the Council; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(c)    The Behavioral Health Administration shall provide one full–time project manager for administrative coordination, and other staff as necessary to support the functions of the Council.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 3 - Behavioral Health Advisory Council › Section 7.5-305 - Duties

The Council shall:
(1)    Promote and advocate for:
(i)    Planning, policy, workforce development, and services to ensure a coordinated, quality system of care that is outcome–guided and that integrates prevention, recovery, evidence–based practices, and cost–effective strategies that enhance behavioral health services across the State; and
(ii)    A culturally competent and comprehensive approach to publicly funded prevention, early intervention, treatment and recovery services that support and foster wellness, recovery, resiliency, and health for individuals who have behavioral health disorders and their family members; and
(2)    Submit an annual report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on or before December 31 of each year.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 4 - Behavioral Health Programs › Section 7.5-401 - License Required; Exemptions

(a)    Except as otherwise provided in this section, a behavioral health program shall be licensed by the Secretary before program services may be provided in this State.
(b)    The Secretary may exempt the following persons from the licensure requirements of this section:
(1)    A health professional, in either solo or group practice, who is licensed under the Health Occupations Article and who is providing mental health or substance–related disorder services according to the requirements of the appropriate professional board;
(2)    Alcoholics Anonymous, Narcotics Anonymous, recovery residences, peer support services, family support services, or other similar organizations, if the organization holds meetings or provides support services but does not provide any type of treatment;
(3)    An employees’ assistance program of a business entity;
(4)    Outpatient behavioral health treatment and rehabilitation services provided in a regulated space in a hospital, as defined in § 19–301 of this article, if the services are accredited by an approved accreditation organization under its behavioral health standards; or
(5)    A private therapeutic group home as defined in § 10–920 of this article.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 4 - Behavioral Health Programs › Section 7.5-402 - Regulations

(a)    Regulations adopted under this subtitle shall include:
(1)    The requirements for licensure of a behavioral health program, including a requirement that the behavioral health program:
(i)    1.    Establish and implement a safety plan for the safety of the individuals served by the behavioral health program; or
2.    Implement a safety or emergency plan established for the program for another purpose; and
(ii)    Revise the safety plan not less than every 5 years;
(2)    The process for a behavioral health program to apply for a license;
(3)    A description of the behavioral health programs that are required to be licensed;
(4)    Any requirements for the governance of a behavioral health program, including:
(i)    A provision prohibiting a conflict of interest between the interests of the provider and those of the individual receiving services;
(ii)    A provision authorizing a behavioral health program licensed as an outpatient mental health center to satisfy any regulatory requirement that the medical director be on site through the use of telehealth by the director; and
(iii)    A provision authorizing a psychiatric nurse practitioner to serve as a medical director of an outpatient mental health center accredited in accordance with COMAR 10.63.03.05, including through telehealth;
(5)    Provisions for inspections of a behavioral health program, including inspection and copying of the records of a behavioral health program in accordance with State and federal law; and
(6)    Provisions for denials, sanctions, suspensions, and revocations of licenses, including imposition of civil monetary penalties, and notice and an opportunity to be heard.
(b)    (1)    The Secretary may require a behavioral health program to be granted accreditation by an accreditation organization approved by the Secretary under Title 19, Subtitle 23 of this article as a condition of licensure under regulations adopted under this subtitle.
(2)    By becoming licensed in accordance with paragraph (1) of this subsection, a program agrees to comply with all applicable standards of the accreditation organization.
(3)    If a behavioral health program is required to be granted accreditation as a condition of licensure under paragraph (1) of this subsection and the accreditation organization requires the behavioral health program to adopt a community relations plan, the behavioral health program shall submit the community relations plan to the Administration.
(c)    Regulations adopted under this subtitle may include provisions setting reasonable fees for applying for a license and for the issuance and renewal of licenses.
(d)    The Administration may authorize a behavioral health program to satisfy the safety plan requirement under subsection (a)(1) of this section by implementing a safety plan established for the behavioral health program for another purpose.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 4 - Behavioral Health Programs › Section 7.5-403 - Rights of Individuals

Each individual served by a behavioral health program is entitled to the rights that are:
(1)    Identified in the behavioral health program’s accreditation standards; or
(2)    Established for nonaccredited behavioral health programs by the Department in regulations.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 4 - Behavioral Health Programs › Section 7.5-404 - Violations; Penalties; Injunction

(a)    An individual or organization may not operate a behavioral health program in violation of this subtitle.
(b)    An individual or organization that operates a behavioral health program without the license required by this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation.
(c)    The Department may file for and pursue an injunction to prevent an individual or organization from operating a behavioral health program without the license required by this subtitle.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 5 - Health Crisis Hotline › Section 7.5-501 - Establishment of Hotline

(a)    The Department shall establish and operate a toll–free Health Crisis Hotline 24 hours a day and 7 days a week.
(b)    The Health Crisis Hotline shall assist callers by:
(1)    Conducting a comprehensive evidence–based screening for mental health and substance use needs, cognitive or intellectual functioning, infectious disease, and acute somatic conditions;
(2)    Conducting a risk assessment for callers experiencing an overdose or potentially committing suicide or a homicide;
(3)    Connecting callers to an emergency response system when indicated;
(4)    Referring callers for ongoing care; and
(5)    Following up with callers to determine if the needs of callers were met.
(c)    The Department shall collect and maintain the following information to provide to callers on the Health Crisis Hotline:
(1)    The names, telephone numbers, and addresses of:
(i)    Residential, inpatient, and outpatient substance use disorder and mental health programs, including information on private programs and programs administered by local health departments and other public entities; and
(ii)    Hospitals, including hospital emergency rooms, and other facilities that provide detoxification services;
(2)    The levels of care provided by the programs, hospitals, and facilities identified under item (1) of this subsection; and
(3)    Whether the programs, hospitals, and facilities identified under item (1) of this subsection:
(i)    Accept payment for services from a third–party payor, including Medicare, Medicaid, and private insurance; and
(ii)    Provide services:
1.    That are specific to pregnant women;
2.    That are gender specific;
3.    For individuals with co–occurring disorders;
4.    To support parents of children with substance use and mental health disorders; and
5.    For grief support.
(d)    (1)    The Department shall provide training for Health Crisis Hotline staff who assist callers on the Health Crisis Hotline to ensure that staff are able to provide sufficient information and respond appropriately to callers who may be in a crisis.
(2)    To the extent practicable, the Department shall ensure that information provided to callers on the Health Crisis Hotline is up to date and accurate.
(e)    The Department shall disseminate information about the Health Crisis Hotline to the public, both directly and through public and private organizations that serve the public.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 5A - 9-8-8 Trust Fund › Section 7.5-5A-02 - 9-8-8 Trust Fund -- Purpose -- Funding -- Investments -- Subject to Audit

(a)    There is a 9–8–8 Trust Fund.
(b)    The purpose of the Fund is to provide reimbursement for costs associated with:
(1)    Designating and maintaining 9–8–8 as the universal telephone number for a national suicide prevention and mental health crisis hotline in accordance with the federal National Suicide Hotline Designation Act of 2020; and
(2)    Developing and implementing a statewide initiative for the coordination and delivery of the continuum of behavioral health crisis response services in the State, including:
(i)    Crisis call centers;
(ii)    Mobile crisis team services;
(iii)    Crisis stabilization centers; and
(iv)    Other acute behavioral health care services.
(c)    The Department shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.
(e)    The Fund consists of:
(1)    Money appropriated in the State budget to the Fund;
(2)    Interest earnings of the Fund; and
(3)    Any other money from any other source accepted for the benefit of the Fund.
(f)    The Fund may be used only for carrying out the purpose of the Fund.
(g)    (1)    The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.
(2)    Any interest earnings of the Fund shall be credited to the Fund.
(h)    Expenditures from the Fund may be made only in accordance with the State budget.
(i)    Money expended from the Fund for carrying out the purpose of the Fund is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for carrying out the purpose of the Fund.
(j)    No part of the Fund may revert or be credited to:
(1)    The General Fund of the State; or
(2)    Any other special fund of the State.
(k)    The Fund is subject to audit by the Office of Legislative Audits as provided in § 2–1220 of the State Government Article.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 5A - 9-8-8 Trust Fund › Section 7.5-5A-03 - Public Messaging of 9-8-8 Services

The Department, in collaboration with the federal Substance Abuse and Mental Health Services Administration, the National Suicide Prevention Lifeline, the National Veterans Crisis Line, and other appropriate entities, shall work to promote the public messaging of 9–8–8 services in a consistent manner.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 5A - 9-8-8 Trust Fund › Section 7.5-5A-04 - Annual Report by Department -- Items Included

On or before December 1 each year, the Department shall submit a report to the Legislative Policy Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, that includes for the immediately preceding fiscal year a detailed description of:
(1)    The amount of funds transferred and distributed from the Fund in accordance with § 7.5–5A–02(b) of this subtitle;
(2)    The additional services provided by the funding in each local jurisdiction;
(3)    The amount of any unspent funds in the Fund; and
(4)    The reasons funds identified under item (3) of this section were not spent.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 6 - Referrals to Recovery Residences › Section 7.5-601 - General Consideration

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “ASAM Level 3.1 services” means the level of clinically managed, low–intensity residential services for the treatment of addictive, substance–related, and co–occurring conditions described by the American Society of Addiction Medicine.
(3)    “Health professional” means a person who:
(i)    Is licensed under the Health Occupations Article; and
(ii)    Is providing mental health or substance–related disorder services according to the requirements of the appropriate professional board.
(b)    Beginning November 1, 2017, a behavioral health program or health professional, when referring an individual to receive services at a recovery residence, shall:
(1)    Provide the individual with a list of certified recovery residences operating in the State that is published by the Department under § 19–2503(b) of this article; and
(2)    Provide to an individual who has been assessed as in need of ASAM Level 3.1 services information on where the individual may receive those services.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 8 - Maryland Mental Health and Substance Use Disorder Registry and Referral System › Section 7.5-801 - Terms Defined

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Advisory Committee” means the Maryland Mental Health and Substance Use Disorder Registry and Referral System Advisory Committee.
(c)    “Registry and Referral System” means the Maryland Mental Health and Substance Use Disorder Registry and Referral System.
(d)    “State–designated health information exchange” means the health information exchange designated by the Maryland Health Care Commission under § 19–143 of this article.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 9 - Opioid Restitution Fund Advisory Council › Section 7.5-901 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Council” means the Opioid Restitution Fund Advisory Council.
(c)    “Fund” means the Opioid Restitution Fund established under § 7–331 of the State Finance and Procurement Article.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 9 - Opioid Restitution Fund Advisory Council › Section 7.5-904 - Actions by Council -- Staffing by Opioid Operational Command Center

(a)    (1)    The Council may adopt procedures necessary to do business, including the creation of committees.
(2)    The Council may consult with State agencies to carry out the duties of the Council.
(3)    The Council shall meet at least four times a year.
(4)    A majority of the voting members of the Council is a quorum.
(b)    The  Opioid Operational Command Center shall provide appropriate staff necessary to support the functions of the Council.
2023 Maryland Statutes › Health - General › Title 7.5 - Behavioral Health Administration › Subtitle 9 - Opioid Restitution Fund Advisory Council › Section 7.5-905 - Annual Findings and Recommendations by Council

On or before November 1 each year, the Council shall provide specific findings and recommendations in writing to the Governor and the Secretary regarding the allocations of money from the Fund for expenditures consistent with uses of the Fund and considering the following criteria:
(1)    The number of people per capita with a substance use disorder in a jurisdiction;
(2)    Disparities in access to care in a jurisdiction that may preclude persons;
(3)    The number of overdose deaths per capita in a jurisdiction;
(4)    The programs, services, supports, or other resources currently available to individuals with substance use disorders in a jurisdiction; and
(5)    Disparities in access to care and health outcomes in a jurisdiction.
2023 Maryland Statutes › Health - General › Title 8 - Substance Use Disorders Law › Subtitle 2 - Alcohol and Drug Abuse Administration › Section 8-205 - Information and Records on Drug or Alcohol Abuse or Dependence

(a)    Each person who is authorized to administer, use professionally, or dispense a drug and each public official who has duties with respect to drugs or to users of them shall report to the Administration any relevant information that the Administration requires to carry out the purposes of this title, subject to the provisions of State and federal laws and regulations governing confidentiality.
(b)    An employee or unit of the State or of any of its political subdivisions shall release to the Administration, on its request, information that deals with drug abuse or alcohol abuse or drug dependence or alcohol dependence, including the name of an individual with a drug or alcohol problem if needed to carry out the purposes of this title, subject to the provisions of State and federal laws and regulations governing confidentiality.
2023 Maryland Statutes › Health - General › Title 8 - Substance Use Disorders Law › Subtitle 2 - Alcohol and Drug Abuse Administration › Section 8-206 - Acceptance and Use of Special Funds

(a)    With the approval of the Secretary of Budget and Management, the Administration shall accept, on behalf of the State, a conditional or unconditional gift or grant.
(b)    The Administration shall pay all funds collected under this section into a special fund of the State Treasury and use the special fund to carry out the provisions of this title.
2023 Maryland Statutes › Health - General › Title 8 - Substance Use Disorders Law › Subtitle 4 - Alcohol and Drug Abuse Programs and Facilities › Section 8-401 - Programs

(a)    (1)    The Administration shall:
(i)    Promote, develop, establish, conduct, certify, and monitor programs for the prevention, treatment, and rehabilitation related to the misuse of alcohol and drugs; and
(ii)    Promote and conduct training and research related to the misuse of alcohol and drugs.
(2)    (i)    In cooperation with the Motor Vehicle Administration, courts, police, and other agencies, the Administration shall approve appropriate programs of alcohol and drug abuse education or treatment for individuals who are convicted under § 21-902 of the Transportation Article.
(ii)    The programs under this paragraph shall be coordinated with and integrated into broad planning for comprehensive community health and welfare services.
(3)    The Administration shall:
(i)    Review and, in accordance with regulations that the Administration shall adopt, approve or disapprove each program that a public or private agency wants to offer under § 6-219(c) or § 6-220(c) of the Criminal Procedure Article;
(ii)    Promptly give the Administrative Office of the Courts notice of each program approved under this paragraph;
(iii)    Monitor and biennially review each program approved under this paragraph;
(iv)    Investigate each complaint made in connection with a program; and
(v)    Promptly give the Administrative Office of the Courts notice if the Department withdraws its approval of any program.
(b)    The Administration may:
(1)    Develop pilot programs;
(2)    For these purposes and notwithstanding any other law, establish, direct, and conduct any experimental pilot clinical program for the treatment of alcohol or drug abusers, including any program to administer, under medical supervision and control, maintenance dosages of prescribed drugs;
(3)    Either alone or with other public or private agencies, direct and conduct basic research in alcohol or drug abuse, including clinical epidemiological, social science, and statistical research; and
(4)    In cooperation with the Department of Public Safety and Correctional Services or any other appropriate correctional agency, establish and maintain, in any correctional institution in this State, programs for the prevention and treatment of alcohol and drug abuse and for the rehabilitation of alcohol and drug abusers.
2023 Maryland Statutes › Health - General › Title 8 - Substance Use Disorders Law › Subtitle 4 - Alcohol and Drug Abuse Programs and Facilities › Section 8-405 - Halfway Houses -- Licensing and Regulation

(a)    A halfway house shall be licensed in accordance with Title 7.5 of this article.
(b)    The Secretary shall adopt regulations for establishing, licensing, and operating halfway houses.
2023 Maryland Statutes › Health - General › Title 8 - Substance Use Disorders Law › Subtitle 4 - Alcohol and Drug Abuse Programs and Facilities › Section 8-406 - Halfway Houses -- in General

(a)    A small halfway house:
(1)    Is deemed conclusively a single–family dwelling for purposes of zoning; and
(2)    Is permitted to locate in all residential zones.
(b)    A large halfway house is deemed conclusively a multi–family dwelling and is permitted to locate in zones of similar density.
(c)    A halfway house is not subject to any special exception, conditional use permit, or procedure that differs from that required for a single–family dwelling or a multifamily dwelling of similar density in the same zone.
(d)    A general zoning ordinance that conflicts with the provisions of this section is superseded by this section, to the extent of the conflict.
2023 Maryland Statutes › Health - General › Title 8 - Substance Use Disorders Law › Subtitle 4 - Alcohol and Drug Abuse Programs and Facilities › Section 8-407 - Opioid Use Disorder

(a)    The Department shall identify up–to–date, evidence–based, written information about opioid use disorder that:
(1)    Has been reviewed by medical experts and national and local organizations specializing in the treatment of opioid use disorder;
(2)    Is designed for use by health care providers and individuals with opioid use disorder and their families;
(3)    Is culturally and linguistically appropriate for potential recipients of the information; and
(4)    Includes information addressing:
(i)    The signs and symptoms of opioid use disorder;
(ii)    The risks associated with untreated opioid use disorder;
(iii)    Appropriate clinical treatment for opioid use disorder, including:
1.    Counseling services; and
2.    All medications approved by the U.S. Food and Drug Administration for the treatment of opioid use disorder;
(iv)    Appropriate use of overdose reversal agents;
(v)    Appropriate support services, including:
1.    Peer fellowship and support groups, such as Narcotics Anonymous and Alcoholics Anonymous;
2.    Community–based services; and
3.    Residential or recovery housing services; and
(vi)    Appropriate treatments for pain that may be used to reduce or replace opioid medication treatments for chronic pain.
(b)    (1)    The Department shall provide the information identified by the Department under subsection (a) of this section to health care facilities and health care providers that provide treatment for opioid use disorder.
(2)    A health care facility or health care provider shall make the information available to each patient treated by the facility or provider for opioid use disorder.