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Session Laws, 1980
Volume 739, Page 1036   View pdf image
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1036

LAWS OF MARYLAND

Ch. 243

Article 43 - Health
560.

(A)  The Board is hereby authorized to issue licenses
regardless of type of ownership to open, maintain and
operate hospitals or related institutions when the
facilities of the hospital or the related institution, after
inspection, are found to comply with the provisions of this
subtitle and the rules and regulations adopted hereunder by
the Board. No license granted shall be assignable or
transferable. The Board may, for cause shown, revoke any
license issued by it to a hospital or related institution
after giving the licensee a hearing prior to revocation.
The hearing shall be held after ten days' notice to the
licensee, and he shall have an opportunity to be represented
by counsel at the hearing.

(B)  IF THE LICENSING AUTHORITY IN MONTGOMERY OR PRINCE
GEORGE'S COUNTY DECIDES TO SUSPEND OR REVOKE THE LICENSE OF
A RELATED INSTITUTION PURSUANT TO A LOCAL ORDINANCE
PROVIDING FOR LICENSURE OF RELATED INSTITUTIONS, THE COUNTY
LICENSING AUTHORITY SHALL NOTIFY THE SECRETARY OF THE
DEPARTMENT OF HEALTH AND MENTAL HYGIENE OF ITS INTENTION TO
SUSPEND OR REVOKE THE LICENSE AND THE REASONS THEREFOR. THE
SECRETARY SHALL BE NOTIFIED PRIOR TO THE TIME NOTICE OF THE
COUNTY'S INTENTION TO SUSPEND OR REVOKE THE LICENSE IS GIVEN
TO THE RELATED INSTITUTION. THE COUNTY LICENSING AUTHORITY
MAY PROCEED WITH THE PROPOSED SUSPENSION OR REVOCATION
UNLESS THE SECRETARY SHALL DISAPPROVE SUCH ACTION WITHIN 14
DAYS OF NOTICE OF THE PROPOSED ACTION. IN THE EVENT OF
DISAPPROVAL OF THE PROPOSED ACTION, THE SECRETARY SHALL
STATE HIS REASONS FOR THE DISAPPROVAL IN WRITING. THERE
SHALL BE NO APPEALS BY ANY PARTY FROM THE SECRETARY'S
DISAPPROVAL.

(C)  IF THE LICENSING AUTHORITY IN MONTGOMERY OR PRINCE
GEORGE'S COUNTY SHOULD, PURSUANT TO LOCAL ORDINANCE, TAKE
ACTION TO RESTRICT NEW ADMISSIONS TO A RELATED INSTITUTION,
THE COUNTY LICENSING AUTHORITY SHALL, AS FAR IN ADVANCE OF
THE ACTION AS PRACTICABLE, ADVISE THE SECRETARY THAT SUCH
ACTION IS BEING CONTEMPLATED, IN ORDER TO FACILITATE
COORDINATION OF STATE AND LOCAL REGULATORY ACTIVITIES. THE
SECRETARY SHALL HAVE THE RIGHT TO PARTICIPATE AS A PARTY IN
ANY ADMINISTRATIVE OR JUDICIAL PROCEEDING BY THE COUNTY TO
RESTRICT NEW ADMISSIONS.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act
shall take effect July 1, 1980.

Approved April 22, 1980.

 

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Session Laws, 1980
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