2672

LAWS OF MARYLAND

Ch. 911

shall be rendered in writing and a copy thereof sent to the
complainant within 30 days of the filing of the complaint.
A record shall be kept of all complaints and their
disposition which shall be open to public inspection during
regular business hours.

[(ii)](2) A party aggrieved by an adverse
decision of action or failure to take action within the time
prescribed by [subsection (2) of] this section[,] may file
an appeal to the board of review of the Department of Health
and Mental Hygiene. The board shall adopt procedures as
provided in the Administrative Procedure Act and shall in
all other respects be governed by the provisions of the act.
At least three members shall sit at any hearing of the
board, constituted as a board of appeal. Decisions shall be
by a majority of the board sitting. The board's decision
shall be in writing, stating its reasons. Minutes of its
proceedings shall be kept. The chairman, or acting
chairman, shall have the power to administer oaths and
compel the attendance of witnesses. The decision of the
board shall be the final agency decision for purposes of
judicial review under § 255 of this article or for purposes
of any other provisions of law permitting appeals to the
courts from decisions of agencies included within the
Department of Health and Mental Hygiene. Appeals from
decisions of the board shall be as prescribed in the
Administrative Procedure Act or by the substantive law
applying to commission, department, board or other
instrumentality whose decision is being appealed.

Article 43 - Health

559.

(a-1) [After July 1, 1972, a license to open a newly
created hospital or related institution shall not be issued
not shall a license to continue a hospital or related
institution which has relocated its services be issued
unless the hospital or related institution conforms to or is
not inconsistent with the comprehensive health plan
developed and applicable for the particular area. Where no
comprehensive health plan has been developed for a
particular area, the State's comprehensive health planning
agency shall make the determinations required. This
reference is to the comprehensive health plan developed and
effective under § 59C of Article 41 of this Code. Nothing
contained in this subtitle shall be construed as authorizing
the medical supervision, regulation or control of the
spiritual care or spiritual treatment of residents or
patients in any hospital, home or related institution who
rely upon treatment by prayer or spiritual means in
accordance with the creed or tenets of any recognized church
or religious denomination. Except that the provisions of
this subsection shall apply in Prince George's County after
April 1, 1970, and providing further that the Prince
George's County health planning advisory committee shall be
deemed the interim regional health facilities planning
agency for Prince George's County pending designation of a