3466

LAWS OF MARYLAND

Ch. 849

THE SAME OR SIMILAR LOCALITY EXERCISING ORDINARY CARE WOULD USE
TO STABILIZE THE PATIENT BEFORE TRANSFER AND TO SUSTAIN THE
PATIENT DURING THE TRANSFER;

(III) (3) (III) THE PROVISION OF APPROPRIATE
PERSONNEL AND EQUIPMENT THAT A REASONABLE AND PRUDENT PHYSICIAN
IN THE SAME OR SIMILAR LOCALITY EXERCISING ORDINARY CARE WOULD
USE FOR THE TRANSFER; AND

(IV) (4) (IV) THE TRANSFER OF ALL NECESSARY
RECORDS FOR CONTINUING THE CARE FOR THE PATIENT.

(2) THE CONSENT OF THE PATIENT OR PERSONAL

REPRESENTATIVE OF THE PATIENT BEFORE TRANSFER IS NOT REQUIRED.

(B) EACH HOSPITAL SHALL ADOPT BINDING POLICIES RELATING TO
PATIENT TRANSFERS THAT ARE CONSISTENT WITH THE REGULATIONS
ADOPTED UNDER THIS SECTION.

(C)(1) IF A HOSPITAL DOES NOT ADOPT AND ENFORCE A PATIENT
TRANSFER POLICY IN ACCORDANCE WITH THE REGULATIONS ADOPTED BY THE
DEPARTMENT UNDER THIS SECTION, THE FACILITY IS SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN $1,000.

(2) EACH DAY A VIOLATION CONTINUES AND EACH ACT OF
VIOLATION IS A SEPARATE OFFENSE.

(3) IN DETERMINING THE AMOUNT OF THE PENALTY, THE

COURT SHALL CONSIDER THE FACILITY'S HISTORY OF PREVIOUS

VIOLATIONS, THE SERIOUSNESS OF THE VIOLATION, WHETHER THE HEALTH
AND SAFETY OF THE PUBLIC WAS THREATENED BY THE VIOLATION, AND THE
DEMONSTRATED GOOD FAITH OF THE FACILITY IN ATTEMPTING TO COMPLY
WITH THE REGULATIONS ADOPTED UNDER THIS SECTION.

(B) (1) THE DEPARTMENT SHALL ADOPT REGULATIONS PROVIDING
FOR PENALTIES FOR HOSPITALS THAT VIOLATE PROVISIONS OF SUBSECTION
(A) OF THIS SECTION.

(2) A PENALTY NOT EXCEEDING $1,000 MAY BE IMPOSED PER
VIOLATION.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1986.

Approved May 27, 1986.