EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0794*
SENATE BILL 794
J3 3lr2653
CF HB 1153
By: Senators Carozza and Mautz
Introduced and read first time: February 6, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Behavioral Health Programs – Residential Programs – Food Service Facility 2
Requirements 3
FOR the purpose of prohibiting regulations adopted by the Maryland Department of Health 4
from requiring certain residential programs to comply with certain food service 5
facility regulations if the residential program has less than a certain number of 6
residents; and generally relating to food service facility requirements and residential 7
programs. 8
BY repealing and reenacting, without amendments, 9
Article – Health – General 10
Section 7.5–401 11
Annotated Code of Maryland 12
(2019 Replacement Volume and 2022 Supplement) 13
BY repealing and reenacting, with amendments, 14
Article – Health – General 15
Section 7.5–402 16
Annotated Code of Maryland 17
(2019 Replacement Volume and 2022 Supplement) 18
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 19
That the Laws of Maryland read as follows: 20
Article – Health – General 21
7.5–401. 22
(a) Except as otherwise provided in this section, a behavioral health program 23
shall be licensed by the Secretary before program services may be provided in this State. 24
2 SENATE BILL 794
(b) The Secretary may exempt the following persons from the licensure 1
requirements of this section: 2
(1) A health professional, in either solo or group practice, who is licensed 3
under the Health Occupations Article and who is providing mental health or 4
substance–related disorder services according to the requirements of the appropriate 5
professional board; 6
(2) Alcoholics Anonymous, Narcotics Anonymous, recovery residences, 7
peer support services, family support services, or other similar organizations, if the 8
organization holds meetings or provides support services but does not provide any type of 9
treatment; 10
(3) An employees’ assistance program of a business entity; 11
(4) Outpatient behavioral health treatment and rehabilitation services 12
provided in a regulated space in a hospital, as defined in § 19–301 of this article, if the 13
services are accredited by an approved accreditation organization under its behavioral 14
health standards; or 15
(5) A private therapeutic group home as defined in § 10–920 of this article. 16
7.5–402. 17
(a) Regulations adopted under this subtitle shall include: 18
(1) The requirements for licensure of a behavioral health program, 19
including a requirement that the behavioral health program: 20
(i) 1. Establish and implement a safety plan for the safety of the 21
individuals served by the behavioral health program; or 22
2. Implement a safety or emergency plan established for the 23
program for another purpose; and 24
(ii) Revise the safety plan not less than every 5 years; 25
(2) The process for a behavioral health program to apply for a license; 26
(3) A description of the behavioral health programs that are required to be 27
licensed; 28
(4) Any requirements for the governance of a behavioral health program, 29
including: 30
(i) A provision prohibiting a conflict of interest between the 31
interests of the provider and those of the individual receiving services; 32 SENATE BILL 794 3
(ii) A provision authorizing a behavioral health program licensed as 1
an outpatient mental health center to satisfy any regulatory requirement that the medical 2
director be on site through the use of telehealth by the director; and 3
(iii) A provision authorizing a psychiatric nurse practitioner to serve 4
as a medical director of an outpatient mental health center accredited in accordance with 5
COMAR 10.63.03.05, including through telehealth; 6
(5) Provisions for inspections of a behavioral health program, including 7
inspection and copying of the records of a behavioral health program in accordance with 8
State and federal law; and 9
(6) Provisions for denials, sanctions, suspensions, and revocations of 10
licenses, including imposition of civil monetary penalties, and notice and an opportunity to 11
be heard. 12
(b) (1) The Secretary may require a behavioral health program to be granted 13
accreditation by an accreditation organization approved by the Secretary under Title 19, 14
Subtitle 23 of this article as a condition of licensure under regulations adopted under this 15
subtitle. 16
(2) By becoming licensed in accordance with paragraph (1) of this 17
subsection, a program agrees to comply with all applicable standards of the accreditation 18
organization. 19
(3) If a behavioral health program is required to be granted accreditation 20
as a condition of licensure under paragraph (1) of this subsection and the accreditation 21
organization requires the behavioral health program to adopt a community relations plan, 22
the behavioral health program shall submit the comm unity relations plan to the 23
Administration. 24
(c) Regulations adopted under this subtitle may include provisions setting 25
reasonable fees for applying for a license and for the issuance and renewal of licenses. 26
(d) The Administration may authorize a behavioral health program to satisfy the 27
safety plan requirement under subsection (a)(1) of this section by implementing a safety 28
plan established for the behavioral health program for another purpose. 29
(E) REGULATIONS ADOPTED U NDER THIS SUBTITLE M AY NOT REQUI RE A 30
RESIDENTIAL PROGRAM TO COMPLY WITH FOOD SERVICE FACILITY REG ULATIONS 31
UNDER COMAR 10.15.03 IF THE RESIDENTIAL P ROGRAM HAS FEWER THA N 17 32
RESIDENTS AND IS LIC ENSED UNDER : 33
(1) COMAR 10.63.03.11; 34
4 SENATE BILL 794
(2) COMAR 10.63.03.12; 1
(3) COMAR 10.63.03.13; OR 2
(4) COMAR 10.63.03.14. 3
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 4
1, 2023. 5