WES MOORE, Governor Ch. 343
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Chapter 343
(Senate Bill 794)
AN ACT concerning
Behavioral Health Programs – Residential Programs – Food Service Facility
Requirements
FOR the purpose of prohibiting regulations adopted by requiring the Maryland Department
of Health from requiring certain residential programs to comply with to adopt
regulations that establish certain food service facility regulations if the standards
for certain residential program has programs that have less than a certain number
of residents; and generally relating to food service facility requirements and
residential programs.
BY repealing and reenacting, without amendments,
Article – Health – General
Section 7.5–401
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
BY repealing and reenacting, with amendments,
Article – Health – General
Section 7.5–402
Annotated Code of Maryland
(2019 Replacement Volume and 2022 Supplement)
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
That the Laws of Maryland read as follows:
Article – Health – General
7.5–401.
(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;
Ch. 343 2023 LAWS OF MARYLAND
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(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.
7.5–402.
(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
WES MOORE, Governor Ch. 343
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(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.
(E) REGULATIONS ADOPTED THE DEPARTMENT SHALL ADOP T
REGULATIONS UNDER THIS SUBTITLE MAY NOT REQUIRE A RESIDENTIAL PROGRA M
TO COMPLY WITH THAT ESTABLISH FOOD SERVICE FACILIT Y REGULATIONS UNDER
COMAR 10.15.03 IF THE STANDARDS THAT ARE A PPROPRIATE TO RESIDENTIAL
PROGRAM HAS PROGRAMS THAT HAVE FEWER THAN 17 RESIDENTS AND IS ARE
LICENSED UNDER :
(1) COMAR 10.63.03.11;
(2) COMAR 10.63.03.12;
(3) COMAR 10.63.03.13; OR Ch. 343 2023 LAWS OF MARYLAND
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(4) COMAR 10.63.03.14.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect June
October 1, 2023.
Approved by the Governor, May 3, 2023.