reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1904 - Fingerprint Requirements; Submission of Materials by Program

(a)    As part of the application for a State criminal history records check to be conducted by the Department, an eligible employee shall submit to the adult dependent care program:
(1)    Except as provided in subsection (c) of this section, a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository; and
(2)    The disclosure statement required under § 19-1905 of this subtitle.
(b)    The adult dependent care program shall submit the fingerprints, disclosure statement, and payment for the costs of the criminal history records check.
(c)    The requirement that a complete set of legible fingerprints taken on forms specified by the Director of the Criminal Justice Information System Central Repository be submitted as part of the application for a criminal history records check may be waived by the Department if:
(1)    The eligible employee has attempted to have a complete set of fingerprints taken on at least two occasions;
(2)    The taking of a complete set of legible fingerprints is not possible because of a physical or medical condition of the eligible employee’s fingers or hands;
(3)    The eligible employee submits documentation satisfactory to the Department of the requirements of this subsection; and
(4)    The eligible employee submits the other information required for a criminal history records check to be conducted by the Department as part of the application process.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1905 - Disclosure Statement; Acknowledged Receipt of Application

(a)    As part of the application process for a criminal history records check, an eligible employee shall complete and sign a disclosure statement.
(b)    The Department or its designee shall mail an acknowledged receipt of the application with a disclosure statement from an eligible employee within 3 days after receipt of the application to:
(1)    The adult dependent care program seeking to hire the eligible employee; and
(2)    The eligible employee.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1906 - Findings by Private Agency

(a)    If the adult dependent care program requests a private agency background check:
(1)    The private agency shall issue a statement of its findings to:
(i)    On request, the eligible employee; and
(ii)    The adult dependent care program; and
(2)    The eligible employee shall have an opportunity to contest the findings.
(b)    The adult dependent care program shall comply with the federal Fair Credit Reporting Act that includes the issuance of a statement by the program of its findings to an eligible employee when adverse information is obtained that precludes the hiring of that employee.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1907 - Printed Statements; Use of Information Obtained

(a)    (1)    The Department shall conduct the criminal history records check and issue the printed statement provided for under this subtitle.
(2)    The Department shall update an initial criminal history records check and issue a revised printed statement, listing any of the convictions or pending charges occurring in the State after the date of the initial criminal history records check.
(3)    The Department shall provide an initial and a revised statement of an eligible employee’s State criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.
(4)    The Department shall adopt regulations requiring employers to verify periodically the continuing employment of an employee.
(b)    The Department shall provide a printed statement of the eligible employee’s State criminal record to the recipients of the acknowledgments specified in § 19-1905(b) of this subtitle.
(c)    Information obtained from the Department or a private agency under this subtitle shall be confidential and may be disseminated only to the eligible employee who is the subject of the criminal history records check or private agency background check and to an adult dependent care program seeking to hire the eligible employee.
(d)    Information obtained from the Department or a private agency under this subtitle may not:
(1)    Be used for any purpose other than that for which it was disseminated; or
(2)    Be redisseminated.
(e)    Information obtained from the Department or a private agency under this subtitle shall be maintained in a manner to insure the security of the information.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1908 - Contesting a Finding of Criminal Conviction

(a)    An eligible employee may contest the finding of a criminal conviction or pending charge reported in a printed statement issued by the Department as provided in this section.
(b)    (1)    In contesting the finding of a conviction or a pending charge, the eligible employee shall contact the office of the Secretary, or a designee of the Secretary, and a hearing shall be convened within 20 workdays, unless subsequently waived by the eligible employee.
(2)    The Secretary, or a designee of the Secretary, shall render a decision regarding the appeal within 5 workdays after the hearing.
(c)    (1)    For the purposes of this subtitle, the record of a conviction for a crime or a copy of the record certified by the clerk of the court or by a judge of the court in which the conviction occurred, shall be conclusive evidence of the conviction.
(2)    In a case where a pending charge is recorded, documentation provided by a court to the Secretary, or a designee of the Secretary, that a pending charge for a crime which has not been finally adjudicated shall be conclusive evidence of the pending charge.
(d)    Failure of the eligible employee to appear at the scheduled hearing shall be considered grounds for dismissal of the appeal.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1909 - Failure to Disclose Conviction or Pending Charges; Penalties

(a)    An eligible employee who fails to disclose a conviction or the existence of pending charges for a criminal offense or attempted criminal offense as required under § 19-1905 of this subtitle shall be guilty of perjury and on conviction is subject to the penalty provided by law.
(b)    Unless otherwise provided, an eligible employee who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1910 - Immunity From Civil or Criminal Liability

The following persons or agencies shall have the immunity from civil or criminal liability described under § 5-619 of the Courts and Judicial Proceedings Article in connection with a criminal history records check under this subtitle:
(1)    An adult dependent care program; and
(2)    A State agency.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 19 - Adult Dependent Care Programs -- Criminal History Records Checks and Background Checks › Section 19-1911 - Reference by Employer

(a)    An employer providing a reference for employment under this subtitle and acting in good faith may not be held liable for disclosing any information about the job performance or the reason for termination of employment of an employee or former employee of the employer.
(b)    An employer providing a reference under this subtitle shall be presumed to be acting in good faith unless it is shown by clear and convincing evidence that the employer:
(1)    Acted with actual malice toward the employee or former employee; or
(2)    Intentionally or recklessly disclosed false information about the employee or former employee.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 20 - Health Care Staff Agencies › Section 19-2002 - Office of Health Care Quality

(a)    In this section, “Office” means the Office of Health Care Quality in the Department.
(b)    The Office may inspect a health care staff agency to verify compliance with this subtitle.
(c)    When the Office conducts an inspection, the Office shall verify that the health care practitioners referred by the health care staff agency are licensed or certified by the appropriate health occupation board.
(d)    When the Office conducts an inspection, the Office shall verify that the health care staff agency has developed, documented, and implemented procedures for:
(1)    Selecting and verifying the credentials of health care practitioners referred by the health care staff agency;
(2)    Validating experience of health care practitioners prior to referral by the health care staff agency;
(3)    Tracking and acting on serious or life–threatening complaints received by a client facility or the client facility’s agent;
(4)    Reporting of an action or condition under § 19–2001(f) of this subtitle;
(5)    Verifying that health care practitioners referred by the health care staff agency are of satisfactory health status and have received the necessary testing and immunization as required or requested by the client facility;
(6)    Verifying I–9 status;
(7)    Verifying, prior to initial referral of health care practitioners to a client facility by the health care staff agency, drug screening of health care practitioners referred by the health care staff agency if the client facility requires drug screening for facility employees;
(8)    Verifying, when there is probable cause to perform a drug test or when a client facility requests a drug test, drug testing of health care practitioners referred by the health care staff agency;
(9)    Verifying, prior to initial referral of health care practitioners to a client facility by the health care staff agency, criminal background checks of health care practitioners referred by the health care staff agency if the client facility requires criminal background checks for facility employees; and
(10)    Verifying the references of health care practitioners referred by the health care staff agency.
(e)    A health care staff agency shall attest that the health care staff agency is in compliance with the:
(1)    Civil Rights Act of 1964;
(2)    Rehabilitation Act of 1973;
(3)    Americans with Disabilities Act of 1990; and
(4)    Drug Free Workplace Act of 1988, if applicable.
(f)    The Office may inspect a health care staff agency upon receiving a complaint, and may give notice of the inspection to the health care staff agency.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2101 - Definitions [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    In this subtitle the following words have the meanings indicated.
(b)    “Affordable Care Act” means the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010, and any regulations adopted or guidance issued under the Acts.
(c)    “Commission” means the Maryland Community Health Resources Commission.
(d)    (1)    “Community health resource” means a nonprofit or for profit health care center or program that offers the primary health care services required by the Commission under § 19–2109(a)(2) of this subtitle to an individual on a sliding scale fee schedule and without regard to an individual’s ability to pay.
(2)    “Community health resource” includes:
(i)    A federally qualified health center;
(ii)    A federally qualified health center “look–alike”;
(iii)    A community health center;
(iv)    A migrant health center;
(v)    A health care program for the homeless;
(vi)    A primary care program for a public housing project;
(vii)    A local nonprofit and community–owned health care program;
(viii)    A school–based health center;
(ix)    A teaching clinic;
(x)    A wellmobile;
(xi)    A health center controlled operating network;
(xii)    A historic Maryland primary care provider;
(xiii)    An outpatient behavioral health program; and
(xiv)    Any other center or program identified by the Commission as a community health resource.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2102 - Commission Established; Nature; Purpose [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    There is a Maryland Community Health Resources Commission.
(b)    The Commission is an independent commission that operates within the Department.
(c)    The purpose of the Commission is to increase access to health care through community health resources.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2103 - Membership [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    (1)    The Commission consists of eleven members appointed by the Governor with the advice and consent of the Senate.
(2)    Of the eleven members:
(i)    One shall be a representative of a nonprofit health maintenance organization;
(ii)    One shall be a representative of a nonprofit health service plan;
(iii)    One shall be a representative of a Maryland hospital;
(iv)    Four shall be individuals who:
1.    Do not have any connection with the management or policy of a community health resource, nonprofit health service plan, or nonprofit health maintenance organization; and
2.    Have a background or experience in health care;
(v)    One shall be an individual who has a background or experience with an outpatient mental health clinic within the past 5 years; and
(vi)    Three shall be individuals who have a background or experience with a community health resource within the past 5 years.
(3)    At least two of the eleven members shall be health care professionals licensed in the State.
(b)    To the extent practicable, when appointing members to the Commission, the Governor shall assure geographic balance and promote racial and gender diversity in the Commission’s membership.
(c)    (1)    On or after July 1, 2009, the term of a member is 4 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2009.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    A member may not serve more than two consecutive terms, except that a member appointed before July 1, 2009, may serve one additional 4–year term when the member’s current term expires.
(6)    The Governor may remove a member for neglect of duty, incompetence, or misconduct.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2104 - Chair and Vice Chair [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
From among the members of the Commission:
(1)    The Governor shall appoint a chair; and
(2)    The chair shall appoint a vice chair.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2105 - Executive Director [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    With the approval of the Governor, the Commission shall appoint an Executive Director, who is the chief administrative officer of the Commission.
(b)    The Executive Director serves at the pleasure of the Commission.
(c)    Under the direction of the Commission, the Executive Director shall perform any duty or function that the Commission requires.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2106 - Quorum; Meetings; Compensation [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    (1)    A majority of the full authorized membership of the Commission is a quorum.
(2)    The decision of the Commission shall be by a majority of the quorum present and voting.
(b)    The Commission shall meet at least six times a year, at the times and places that it determines.
(c)    A member of the Commission is entitled to:
(1)    Compensation in accordance with the State budget; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    (1)    The Commission may employ a staff in accordance with the State budget.
(2)    The Commission, in consultation with the Secretary, shall determine the appropriate job classifications and grades for all staff.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2107 - Powers and Duties [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    In addition to the powers set forth elsewhere in this subtitle, the Commission may:
(1)    Adopt regulations to carry out the provisions of this subtitle;
(2)    Create committees from among its members;
(3)    Appoint advisory committees, which may include individuals and representatives of interested public or private organizations;
(4)    Apply for and accept any funds, property, or services from any person or government agency;
(5)    Make agreements with a grantor or payor of funds, property, or services, including an agreement to make any study, plan, demonstration, or project;
(6)    Publish and give out any information that relates to expanding access to health care through community health resources that is considered desirable in the public interest;
(7)    Subject to the limitations of this subtitle, exercise any other power that is reasonably necessary to carry out the purposes of this subtitle; and
(8)    Assist community health resources in preparing to implement the Affordable Care Act.
(b)    In addition to the duties set forth elsewhere in this subtitle, the Commission shall:
(1)    Adopt rules and regulations that relate to its meetings, minutes, and transactions;
(2)    Keep minutes of each meeting;
(3)    Prepare annually a budget proposal that includes the estimated income of the Commission and proposed expenses for its administration and operation; and
(4)    On or before October 1 of each year, submit to the Governor, to the Secretary, and, in accordance with § 2–1257 of the State Government Article, to the General Assembly an annual report on the operations and activities of the Commission during the preceding fiscal year.
(c)    (1)    The Commission may contract with a qualified, independent third party for any service that is necessary to carry out the powers and duties of the Commission.
(2)    Unless permission is granted specifically by the Commission, a third party with whom the Commission contracts under paragraph (1) of this subsection may not release, publish, or use in a manner not authorized by the contract any information to which the third party has access under the contract.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2108 - Limitation on Secretary's Powers [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    The power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that the Commission makes under authority specifically delegated by law to the Commission.
(b)    The power of the Secretary to transfer by rule, regulation, or written directive any staff, functions, or funds of units in the Department does not apply to any staff, functions, or funds of the Commission.
(c)    (1)    The power of the Secretary over the procurement procedure for units in the Department does not apply to the procurement procedure of the Commission.
(2)    Notwithstanding paragraph (1) of this subsection, when procuring services or supplies, the Commission is subject to the provisions of the State Finance and Procurement Article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 21 - Maryland Community Health Resources Commission. [Effective Until July 1, 2025] › Section 19-2111 - Specialty Care Network [Subtitle Subject to Abrogation]

// EFFECTIVE UNTIL JUNE 30, 2025 PER CHAPTER 368 OF 2014 //
(a)    The Commission, in collaboration with community health resources and local health departments, shall develop a specialty care network for individuals:
(1)    With family income that does not exceed 200% of the federal poverty level; and
(2)    Who are referred through a community health resource.
(b)    The specialty care network shall:
(1)    Consist of health care practitioners who agree to provide care to individuals referred through a community health resource for a discounted fee established by the Commission; and
(2)    Include health care practitioners who historically have served the uninsured.
(c)    Individuals receiving health care through the specialty care network shall pay for specialty care according to a sliding fee scale developed by the Commission.
(d)    In addition to patient fees, office–based specialty care visits, diagnostic testing, and laboratory tests shall be subsidized by funds provided from:
(1)    General funds; and
(2)    Money collected from a nonprofit health maintenance organization in accordance with § 6–121(b)(3) of the Insurance Article.
(e)    Subject to available funding, the Commission shall provide subsidies to community health resources for office–based specialty care visits, diagnostic testing, and laboratory tests.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 22A - School-Based Health Centers › Part II - Maryland Council on Advancement of School-Based Health Centers › Section 19-22A-04 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Commission” means the Maryland Community Health Resources Commission.
(c)    “Council” means the Maryland Council on Advancement of School–Based Health Centers.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 22A - School-Based Health Centers › Part II - Maryland Council on Advancement of School-Based Health Centers › Section 19-22A-05 - Established

(a)    There is a Maryland Council on Advancement of School–Based Health Centers in the Department.
(b)    The purpose of the Council is to improve the health and educational outcomes of students who receive services from school–based health centers by advancing the integration of school–based health centers into:
(1)    The health care system at the State and local levels; and
(2)    The educational system at the State and local levels.
(c)    (1)    Staff support for the Council shall be provided by the Commission.
(2)    The Commission may seek the assistance of organizations with expertise in school–based health care or other matters within the duties of the Council provided in § 19–22A–08 of this subtitle to provide additional staffing resources to the Commission and the Council.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 22A - School-Based Health Centers › Part II - Maryland Council on Advancement of School-Based Health Centers › Section 19-22A-07 - Procedure

(a)    A majority of the members then serving on the Council is a quorum.
(b)    The Council shall determine the times and places of its meetings and any other necessary operating procedures in accordance with the Open Meetings Act.
(c)    (1)    The Council may establish workgroups to advise the Council on specific issues, including behavioral health, oral health, and primary care.
(2)    (i)    The chair of the Council shall appoint the members of a workgroup established by the Council under paragraph (1) of this subsection.
(ii)    The chair of the Council may appoint the following individuals to a workgroup:
1.    Members of the Council with expertise in the issue to be studied; and
2.    Members of the public, including consumers and stakeholder group representatives, with expertise in the area to be studied.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 22A - School-Based Health Centers › Part II - Maryland Council on Advancement of School-Based Health Centers › Section 19-22A-08 - Duties, Other Activities, Reports

(a)    The Council shall develop policy recommendations to improve the health and educational outcomes of students who receive services from school–based health centers by:
(1)    Supporting local community efforts to establish or expand school–based health center capacity in primary care, behavioral health, and oral health;
(2)    Integrating school–based health centers into existing and emerging patient–centered models of care;
(3)    Promoting the inclusion of school–based health centers in networks of managed care organizations and commercial health insurance carriers;
(4)    Advancing the public health goals of State and local health officials;
(5)    Promoting the inclusion of school–based health centers into networks of school health services and coordinated student service models for the range of services offered in school settings;
(6)    Supporting State and local initiatives to promote student success;
(7)    Reviewing and revising best practice guidelines; and
(8)    Supporting the long–term sustainability of school–based health centers.
(b)    The Council shall review the collection and analysis of school–based health center data collected by the State Department of Education to:
(1)    Make recommendations on best practices for the collection and analysis of the data; and
(2)    Provide guidance on the development of findings and recommendations based on the data.
(c)    The Council shall conduct other activities the Council considers appropriate to meet the purpose of the Council.
(d)    On or before December 31 of each year, the Council shall report the findings and recommendations of the Council to the Maryland Department of Health, the State Department of Education, the Commission, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on improving the health and educational outcomes of students who receive services from school–based health centers.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 23 - Accreditation of Health Care Facilities and Health Care Staff Agencies › Section 19-2301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Accreditation organization” means a private entity that conducts inspections and surveys of health care facilities or health care staff agencies based on nationally recognized and developed standards.
(c)    “Deemed status” means a status under which a health care facility or a health care staff agency may be exempt from routine surveys conducted by the Department.
(d)    “Health care facility” means:
(1)    A hospital as defined in § 19–301 of this title;
(2)    A health maintenance organization as defined in § 19–701(g) of this title;
(3)    A freestanding ambulatory care facility as defined in § 19–3B–01 of this title;
(4)    An assisted living facility as defined in § 19–1801 of this title;
(5)    A laboratory as defined in § 17–201 of this article;
(6)    A home health agency as defined in § 19–401 of this title;
(7)    A residential treatment center as defined in § 19–301 of this title;
(8)    A comprehensive rehabilitation facility as defined in § 19–1201 of this title;
(9)    A forensic laboratory as defined in § 17–2A–01 of this article;
(10)    A substance–related disorder program as defined in § 7.5–101 of this article; and
(11)    A mental health program as defined in § 7.5–101 of this article.
(e)    “Health care staff agency” has the meaning stated in § 19–2001 of this title.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 23 - Accreditation of Health Care Facilities and Health Care Staff Agencies › Section 19-2302 - Accreditation in General

(a)    An accreditation organization shall apply to the Secretary for approval.
(b)    Prior to approval of an accreditation organization, the Secretary shall:
(1)    Determine that the standards of the accreditation organization are equal to or more stringent than existing State requirements;
(2)    Evaluate the survey or inspection process of the accreditation organization to ensure the integrity of the survey or inspection process; and
(3)    Enter into a formal written agreement with the accreditation organization that includes requirements for:
(i)    Notice of all surveys and inspections;
(ii)    Sharing of complaints and other relevant information;
(iii)    Participation of the Department in accreditation organization activities; and
(iv)    Any other provision necessary to ensure the integrity of the accreditation and licensure process.
(c)    (1)    When an approved accreditation organization has issued a final report finding a health care facility or a health care staff agency to be in substantial compliance with the accreditation organization’s standards, the Department shall accept the report as evidence that the health care facility or health care staff agency has met State licensure requirements and shall grant the health care facility or health care staff agency deemed status.
(2)    A health care facility or a health care staff agency that fails to achieve substantial compliance with the standards of an approved accreditation organization may be subject to the provisions of § 19–360 of this title.
(d)    (1)    An approved accreditation organization shall send the Department any preliminary and final report of each inspection and survey at the time it is sent to the health care facility or health care staff agency.
(2)    A final report of an approved accreditation organization shall be made immediately available to the public on request.
(3)    A preliminary or final report of an approved accreditation organization is not admissible in evidence in any civil action or proceeding.
(e)    The Department may inspect an accredited health care facility or a health care staff agency to:
(1)    Determine compliance with any quality requirement;
(2)    Follow up on any serious problem identified by an approved accreditation organization;
(3)    Investigate a complaint; or
(4)    Validate the findings of an approved accreditation organization.
(f)    The Department may participate in or observe a survey or inspection of a health care facility or a health care staff agency conducted by an approved accreditation organization.
(g)    On a determination by the Secretary that an approved accreditation organization has failed to meet its obligations under this section, the Secretary may withdraw:
(1)    The approval from the accreditation organization; and
(2)    The deemed status given to a health care facility or a health care staff agency by the accreditation organization.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 25 - Recovery Residences › Section 19-2501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Certificate of compliance” means a certificate that is issued to a recovery residence by a credentialing entity.
(c)    “Certified recovery residence” means a recovery residence that holds a certificate of compliance.
(d)    “Credentialing entity” means a nonprofit organization that develops and administers professional certification programs according to nationally recognized certification standards.
(e)    “Recovery residence” has the meaning stated in § 7.5–101 of this article.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 25 - Recovery Residences › Section 19-2502 - Credentialing Entity; Certificate of Compliance

(a)    The Department shall approve a credentialing entity to develop and administer a certification process for recovery residences.
(b)    The credentialing entity shall:
(1)    Establish recovery residence certification requirements;
(2)    Establish processes to administer the application, certification, and recertification process;
(3)    Establish processes to monitor and inspect a recovery residence;
(4)    Conduct an on–site inspection of a recovery residence:
(i)    Before issuing a certificate of compliance; and
(ii)    At least once during each certification renewal period; and
(5)    Issue a certificate of compliance on approval of the application process and the inspection of the recovery residence.
(c)    A certificate of compliance issued by the credentialing entity is valid for 1 year from the date of issuance.
(d)    The credentialing entity may revoke the certificate of compliance of a certified recovery residence if the credentialing entity finds that the recovery residence is not in compliance with the requirements established by the credentialing entity.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 25 - Recovery Residences › Section 19-2503 - Publication of Lists of Recovery Residences and of Credentialing Entities

(a)    On or before October 1, 2017, the credentialing entity shall submit a list to the Department of the recovery residences that have obtained a certificate of compliance.
(b)    (1)    On or before November 1, 2017, the Department shall publish on its website:
(i)    A list of each credentialing entity and the contact information for the credentialing entity; and
(ii)    A list of each recovery residence operating in each county in the State.
(2)    The list published under paragraph (1)(ii) of this subsection shall indicate whether the owner of a recovery residence has received a valid certificate of compliance.
(c)    (1)    On or before November 1, 2017, a credentialing entity shall publish on its website a list of each recovery residence that holds a valid certificate of compliance.
(2)    The list published under paragraph (1) of this subsection shall include only the owner of the recovery residence and the contact information of the owner.
2023 Maryland Statutes › Health - General › Title 19 - Health Care Facilities › Subtitle 25 - Recovery Residences › Section 19-2504 - Prohibitions and Civil Penalty

(a)    A person may not advertise, represent, or imply to the public that a recovery residence is a certified recovery residence unless the recovery residence has obtained a certificate of compliance under this subtitle.
(b)    (1)    A person who violates subsection (a) of this section is subject to a civil penalty imposed by the Department not exceeding $1,000 for each offense.
(2)    In setting the amount of a civil penalty under paragraph (1) of this subsection, the Department shall consider the nature, number, and seriousness of the violations, the ability of the certified recovery residence to pay the penalty, and any other factors the Department determines are relevant.
2023 Maryland Statutes › Health - General › Title 20 - Miscellaneous Health Provisions › Subtitle 1 - Consent Provisions › Part I - Minors › Section 20-101 - Blood Donation

(a)    Notwithstanding any other provision of law, a minor who is at least 17 years old, without the consent of a parent or legal guardian, may give blood to a program that:
(1)    Is voluntary;
(2)    Does not pay money for the blood; and
(3)    Is approved by:
(i)    The American Association of Blood Banks; or
(ii)    The American Red Cross.
(b)    (1)    Notwithstanding any other provision of law, a minor who is at least 16 years old, and has obtained the consent of a parent or legal guardian, may give blood to the programs listed in subsection (a) of this section.
(2)    Consent may be obtained via telephone or electronic means.
2023 Maryland Statutes › Health - General › Title 20 - Miscellaneous Health Provisions › Subtitle 1 - Consent Provisions › Part I - Minors › Section 20-102 - Treatment for Health-Related Problems

(a)    A minor has the same capacity as an adult to consent to medical or dental treatment if the minor:
(1)    Is married;
(2)    Is the parent of a child; or
(3)    (i)    Is living separate and apart from the minor’s parent, parents, or guardian, whether with or without consent of the minor’s parent, parents, or guardian; and
(ii)    Is self–supporting, regardless of the source of the minor’s income.
(b)    A minor has the same capacity as an adult to consent to medical treatment if, in the judgment of the attending physician, the life or health of the minor would be affected adversely by delaying treatment to obtain the consent of another individual.
(c)    A minor has the same capacity as an adult to consent to:
(1)    Treatment for or advice about drug abuse;
(2)    Treatment for or advice about alcoholism;
(3)    Treatment for or advice about venereal disease;
(4)    Treatment for or advice about pregnancy;
(5)    Treatment for or advice about contraception other than sterilization;
(6)    Physical examination and treatment of injuries from an alleged rape or sexual offense;
(7)    Physical examination to obtain evidence of an alleged rape or sexual offense;
(8)    Initial medical screening and physical examination on and after admission of the minor into a detention center; and
(9)    Treatment for the prevention of human immunodeficiency virus (HIV).
(c–1)    The capacity of a minor to consent to treatment for drug abuse or alcoholism under subsection (c)(1) or (2) of this section does not include the capacity to refuse treatment for drug abuse or alcoholism in an inpatient or intensive outpatient alcohol or drug abuse treatment program certified under Title 8 of this article for which a parent or guardian has given consent.
(d)    A minor has the same capacity as an adult to consent to psychological treatment as specified under subsection (c)(1) and (2) of this section if, in the judgment of the attending physician or a psychologist, the life or health of the minor would be affected adversely by delaying treatment to obtain the consent of another individual.
(e)    A licensed health care practitioner who treats a minor is not liable for civil damages or subject to any criminal or disciplinary penalty solely because the minor did not have capacity to consent under this section.
(f)    Without the consent of or over the express objection of a minor, a licensed health care practitioner may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section, except information about an abortion.
2023 Maryland Statutes › Health - General › Title 20 - Miscellaneous Health Provisions › Subtitle 1 - Consent Provisions › Part I - Minors › Section 20-103 - Abortion

(a)    In this section, “qualified provider” means a physician, nurse practitioner, nurse–midwife, licensed certified midwife, physician assistant, or any other individual:
(1)    Who is licensed, certified, or otherwise authorized by law to practice in the State; and
(2)    For whom the performance of an abortion is within the scope of the individual’s license or certification.
(b)    Except as provided in subsections (c) and (d) of this section, a qualified provider may not perform an abortion on an unmarried minor unless the qualified provider first gives notice to a parent or guardian of the minor.
(c)    The qualified provider may perform the abortion without notice to a parent or guardian if:
(1)    The minor does not live with a parent or guardian; and
(2)    A reasonable effort to give notice to a parent or guardian is unsuccessful.
(d)    (1)    The qualified provider may perform the abortion, without notice to a parent or guardian of a minor if, in the professional judgment of the qualified provider:
(i)    Notice to the parent or guardian may lead to physical or emotional abuse of the minor;
(ii)    The minor is mature and capable of giving informed consent to an abortion; or
(iii)    Notification would not be in the best interest of the minor.
(2)    The qualified provider is not liable for civil damages or subject to a criminal penalty for a decision under this subsection not to give notice.
(e)    The postal receipt that shows an article of mail was sent by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of a parent or guardian and that is attached to a copy of the notice letter that was sent in that article of mail shall be conclusive evidence of notice or a reasonable effort to give notice, as the case may be.
(f)    A qualified provider may not provide notice to a parent or guardian if the minor decides not to have the abortion.
2023 Maryland Statutes › Health - General › Title 20 - Miscellaneous Health Provisions › Subtitle 1 - Consent Provisions › Part I - Minors › Section 20-104 - Mental or Emotional Disorder

(a)    In this section, “health care provider” means an individual who is:
(1)    Licensed under the Health Occupations Article; and
(2)    Acting within the scope of the individual’s license to diagnose and treat mental and emotional disorders.
(b)    (1)    Subject to paragraph (2) of this subsection, a minor who is 12 years old or older who is determined by a health care provider to be mature and capable of giving informed consent has the same capacity as an adult to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by the health care provider or a clinic.
(2)    The capacity of a minor to consent to consultation, diagnosis, and treatment of a mental or emotional disorder by a health care provider or a clinic under paragraph (1) of this subsection does not include the capacity to:
(i)    Refuse consultation, diagnosis, or treatment for a mental or emotional disorder for which a parent, guardian, or custodian of the minor has given consent; or
(ii)    Except as otherwise provided in this subtitle, if the minor is under the age of 16 years, consent to the use of prescription medications to treat a mental or emotional disorder.
(c)    (1)    Except as provided in paragraph (2) of this subsection and subject to paragraph (3) of this subsection, without the consent of or over the express objection of a minor, the health care provider or, on advice or direction of the health care provider, a member of the medical staff of a hospital or public clinic may, but need not, give a parent, guardian, or custodian of the minor or the spouse of the parent information about treatment needed by the minor or provided to the minor under this section.
(2)    Subject to paragraph (3) of this subsection, if a health care provider is on a treatment team for a minor that is headed by a physician, the physician heading the treatment team shall decide whether a parent, guardian, or custodian of the minor or the spouse of the parent should receive information about treatment needed by the minor or provided to the minor under this section.
(3)    A health care provider may decide to provide information to a parent, guardian, or custodian of a minor under paragraphs (1) and (2) of this subsection unless the health care provider believes that the disclosure will lead to harm to the minor or deter the minor from seeking care.
(d)    Unless the parent, guardian, or custodian of a minor consents to consultation, diagnosis, or treatment of the minor, the parent, guardian, or custodian is not liable for any costs of the consultation, diagnosis, or treatment of the minor under this section.
2023 Maryland Statutes › Health - General › Title 20 - Miscellaneous Health Provisions › Subtitle 1 - Consent Provisions › Part I - Minors › Section 20-106 - Use of Tanning Device by Minor

(a)    (1)    In this section the following words have the meanings indicated.
(2)    “Phototherapy device” means any equipment that emits ultraviolet radiation and is used in the diagnosis or treatment of disease or injury.
(3)    “Tanning device” means any equipment that emits radiation used for tanning of the skin, including sunlamps, tanning booths, or tanning beds.
(4)    “Tanning facility” means any place where a tanning device is used for a fee, membership dues, or other compensation.
(b)    (1)    This section does not apply to the use of any phototherapy device by a health care practitioner acting within the scope of the license of the health care practitioner or by order of a health care practitioner acting within the scope of the license of the health care practitioner.
(2)    Paragraph (1) of this subsection may not be construed to authorize a prescription to be written for a minor for the use of a tanning device.
(c)    An owner, employee, or operator of a tanning facility may not allow a minor under the age of 18 years to use a tanning device.
(d)    The owner, employee, or operator of a tanning facility shall:
(1)    Require appropriate documentation to verify the age of an individual before allowing the individual access to a tanning device; and
(2)    Ensure that the notice developed under subsection (e) of this section is posted in a conspicuous place in the tanning facility.
(e)    The Department shall develop and make available to each tanning facility a notice that includes the following information:
(1)    That it is unlawful for a tanning facility owner, employee, or operator to allow a minor to use any tanning device;
(2)    That a tanning facility owner, employee, or operator that violates one or more provisions of this section may be subject to a civil penalty;
(3)    That an individual may report a violation of one or more provisions of this section to the local law enforcement agency; and
(4)    The health risks associated with tanning, including skin cancer, premature skin aging, injuries including burns, and adverse reactions when combined with certain medications, foods, and cosmetics.
(f)    (1)    The Secretary may impose on a person who violates this section:
(i)    For a first violation, a civil penalty not to exceed $250;
(ii)    For a second violation, a civil penalty not to exceed $500; and
(iii)    For each subsequent violation, a civil penalty not to exceed $1,000.
(2)    The Secretary may adopt regulations to implement and carry out this section.