EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*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
Committee Report: Favorable with amendments
Senate action: Adopted
Read second time: March 10, 2023
CHAPTER ______
AN ACT concerning 1
Behavioral Health Programs – Residential Programs – Food Service Facility 2
Requirements 3
FOR the purpose of prohibiting regulations adopted by requiring the Maryland Department 4
of Health from requiring certain residential programs to comply with to adopt 5
regulations that establish certain food service facility regulations if the standards 6
for certain residential program has programs that have less than a certain number 7
of residents; and generally relating to food service facility requirements and 8
residential programs. 9
BY repealing and reenacting, without amendments, 10
Article – Health – General 11
Section 7.5–401 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2022 Supplement) 14
BY repealing and reenacting, with amendments, 15
Article – Health – General 16
Section 7.5–402 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 20
That the Laws of Maryland read as follows: 21
2 SENATE BILL 794
Article – Health – General 1
7.5–401. 2
(a) Except as otherwise provided in this section, a behavioral health program 3
shall be licensed by the Secretary before program services may be provided in this State. 4
(b) The Secretary may exempt the following persons from the licensure 5
requirements of this section: 6
(1) A health professional, in either solo or group practice, who is licensed 7
under the Health Occupations Article and who is providing mental health or 8
substance–related disorder services according to the requirements of the appropriate 9
professional board; 10
(2) Alcoholics Anonymous, Narcotics Anonymous, recovery residences, 11
peer support services, family support services, or other similar organizations, if the 12
organization holds meetings or provides support services but does not provide any type of 13
treatment; 14
(3) An employees’ assistance program of a business entity; 15
(4) Outpatient behavioral health treatment and rehabilitation services 16
provided in a regulated space in a hospital, as defined in § 19–301 of this article, if the 17
services are accredited by an approved accreditation organization under its behavioral 18
health standards; or 19
(5) A private therapeutic group home as defined in § 10–920 of this article. 20
7.5–402. 21
(a) Regulations adopted under this subtitle shall include: 22
(1) The requirements for licensure of a behavioral health program, 23
including a requirement that the behavioral health program: 24
(i) 1. Establish and implement a safety plan for the safety of the 25
individuals served by the behavioral health program; or 26
2. Implement a safety or emergency plan established for the 27
program for another purpose; and 28
(ii) Revise the safety plan not less than every 5 years; 29
(2) The process for a behavioral health program to apply for a license; 30
SENATE BILL 794 3
(3) A description of the behavioral health programs that are required to be 1
licensed; 2
(4) Any requirements for the governance of a behavioral health program, 3
including: 4
(i) A provision prohibiting a conflict of interest between the 5
interests of the provider and those of the individual receiving services; 6
(ii) A provision authorizing a behavioral health program licensed as 7
an outpatient mental health center to satisfy any regulatory requirement that the medical 8
director be on site through the use of telehealth by the director; and 9
(iii) A provision authorizing a psychiatric nurse practitioner to serve 10
as a medical director of an outpatient mental health center accredited in accordance with 11
COMAR 10.63.03.05, including through telehealth; 12
(5) Provisions for inspections of a behavioral health program, including 13
inspection and copying of the records of a behavioral health program in accordance with 14
State and federal law; and 15
(6) Provisions for denials, sanctions, suspensions, and revocations of 16
licenses, including imposition of civil monetary penalties, and notice and an opportunity to 17
be heard. 18
(b) (1) The Secretary may require a behavioral health program to be granted 19
accreditation by an accreditation organization approved by the Secretary under Title 19, 20
Subtitle 23 of this article as a condition of licensure under regulations adopted under this 21
subtitle. 22
(2) By becoming licensed in accordance with paragraph (1) of this 23
subsection, a program agrees to comply with all applicable standards of the accreditation 24
organization. 25
(3) If a behavioral health program is required to be granted accreditation 26
as a condition of licensure under paragraph (1) of this subsection and the accreditation 27
organization requires the behavioral health program to adopt a community relations plan, 28
the behavioral health program shall submit the community relations plan to the 29
Administration. 30
(c) Regulations adopted under this subtitle may include provisions setting 31
reasonable fees for applying for a license and for the issuance and renewal of licenses. 32
(d) The Administration may authorize a behavioral health program to satisfy the 33
safety plan requirement under subsection (a)(1) of this section by implementing a safety 34
plan established for the behavioral health program for another purpose. 35
4 SENATE BILL 794
(E) REGULATIONS ADOPTED THE DEPARTMENT SHALL ADOP T 1
REGULATIONS UNDER THIS SUBTITLE MAY NOT REQUIRE A RESIDENTIAL PROGR AM 2
TO COMPLY WITH THAT ESTABLISH FOOD SERVICE FACILIT Y REGULATIONS UNDER 3
COMAR 10.15.03 IF THE STANDARDS THAT ARE A PPROPRIATE TO RESIDENTIAL 4
PROGRAM HAS PROGRAMS THAT HAVE FEWER THAN 17 RESIDENTS AND IS ARE 5
LICENSED UNDER : 6
(1) COMAR 10.63.03.11; 7
(2) COMAR 10.63.03.12; 8
(3) COMAR 10.63.03.13; OR 9
(4) COMAR 10.63.03.14. 10
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June 11
October 1, 2023. 12
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
President of the Senate.
________________________________________________________________________________
Speaker of the House of Delegates.