348

LAWS OF MARYLAND

Ch.8

In item (2) of this section, the term "unlawfully
obtained" is substituted for the term
"illegally ... obtained" to eliminate redundancy
and to conform with the terminology used in this
section.

8-404. OPERATING NURSING HOME WITHOUT LICENSED NURSING HOME
ADMINISTRATOR.

EXCEPT WHEN A NURSING HOME ADMINISTRATOR IS REMOVED
FROM THE POSITION BY DEATH OR FOR ANY OTHER UNEXPECTED CAUSE
AS PROVIDED IN § 8-301 OF THIS TITLE, A NURSING HOME MAY NOT
BE OPERATED UNLESS IT IS UNDER THE SUPERVISION OF A LICENSED
NURSING HOME ADMINISTRATOR.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first
sentence of Art. 43, § 768.

The introductory exception is added to conform to
the scope exception in present Art. 43, § 777,
which now appears in § 8-301 of this title.

The present reference to an individual being
licensed and "registered" is deleted to conform
with changes in terminology made throughout this
title. See the General Revisor's Note to this
title.

The attention of the General Assembly is called
to the fact that by using the term "nursing home"
as defined in § 8-101 of this title, the
potential application of this section is
narrowed. For a more detailed explanation, see
the revisor's note to the definition of "nursing
home" in § 8-101 of this title.

8-405. RESERVED.

8-406. RESERVED.

8-407. PENALTIES.

A PERSON WHO VIOLATES ANY PROVISION OF THIS TITLE IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO:

(1)  A FINE NOT EXCEEDING $100 FOR A FIRST
OFFENSE; AND

(2)  A FINE NOT EXCEEDING $500 OR IMPRISONMENT
NOT EXCEEDING 6 MONTHS OR BOTH FOR ANY SUBSEQUENT VIOLATION
OF THE SAME PROVISION.

REVISOR'S NOTE: This section is new language derived
without substantive change from Art. 43, §
776(a)(4) and (b).