Marvin Mandel, Governor                           947

title: ''Police"), such employees may arrest and return to the facility
escaped patients, and may be utilized to protect persons or property
at the facility.

38. Licensing of Private Facilities.

(a)  No private facility shall admit, receive or detain any patients
having any mental disorder for the purpose of care or treatment of
such disorder unless it is licensed to do so by the Department.

(b)   The Secretary shall from time to time adopt rules and regula-
tions for the licensing of such facilities toward the end that care and
treatment of patients shall be provided in accordance with Section 2
of this Article. Licensing provided for in this subtitle shall be in
addition to licensing required by Article 43 of this Code.

(c)  Applications for licenses shall be made to the Department in
such form and supply such detail as it may from time to time
require.

(d)   Upon receipt of an application for licensing, the Department
shall promptly undertake an investigation of the applicant. If it
finds that the applicant meets the requirements of its rules and
regulations established under subsection (b) above, it shall grant
the license.

34. Inspection.

The Department shall inspect each licensed facility at least once
every six months and shall make such additional inspections as it
deems necessary. Reports of such inspections shall be retained by
the Department and any deficiencies shall be brought to the atten-
tion of the management of the facility involved.

35. Suspension, Revocation and Refusal.

(a)   The Department shall have the right and duty to revoke or
suspend licenses, or to refuse to grant licenses, to facilities that
fail to comply with applicable rules and regulations and the ap-
plicable laws of the State.

(b)  In the event the Department suspends, revokes or refuses
to issue a license, the person aggrieved may appeal to the Board
of Review of the Department of Health and Mental Hygiene and
may take such further appeal as is allowed by the Administrative
Procedure Act.

36. Penalties.

(a) Any facility which admits, receives or detains any person in
violation of Section 33 of this subtitle, while its license is revoked
or suspended, or in the event that it has no license, is guilty of
a misdemeanor and, if convicted, may be fined an amount not to
exceed $10,000.

(b) Any employee, officer or director of a facility, or other per-
son, who knowingly participates in a violation of subsection (a)
above is guilty of a misdemeanor and upon conviction thereof, may
be fined an amount not to exceed $5,000, or imprisoned for a period
not to exceed one year or both.