326

LAWS OF MARYLAND

Ch. 21

"Mentally retarded individual" § 7-101

7-308. ADMINISTRATIVE HEADS.

IN ADDITION TO ANY OTHER POWER OR DUTY THAT THE
DIRECTOR DELEGATES, THE ADMINISTRATIVE HEAD OF A STATE
FACILITY SHALL:

(1)  SUPERVISE GENERALLY THAT STATE FACILITY;

(2)  WITH THE APPROVAL OF THE DIRECTOR AND IN
ACCORDANCE WITH THE STATE MERIT SYSTEM LAW, APPOINT A STAFF
FOR THAT STATE FACILITY AS NEEDED AND AS PROVIDED IN THE
STATE BUDGET; AND

(3)  REPORT TO THE DIRECTOR AS THE DIRECTOR
REQUIRES.

REVISOR'S NOTE: This section formerly appeared as
Article 59A, § 18(b) through (d).

The new, defined term "State facility" is
substituted for the broad term "public facility",
which would include a county or municipal
facility. This substitution is based on former
Article 59A, § 18(a), which stated: "No county or
municipal hospital shall for purposes of this
article, be considered a public facility." Former
Article 59A, § 18, as enacted by Ch. 345, Acts of
1972, substantially followed former Article 59, §
30 -- now § 10-408 of this article. However, the
exclusion of county and municipal hospitals
appeared as the second sentence of former Article
59, § 30(a) and read "for purposes of this
section". The Commission to Revise the Annotated
Code believes the use of the word "article" in
former Article 59A, § 18(a) was an inadvertent
substitution and that former Article 59A, § 18(a)
merely was intended to limit the application of
the rest of former Article 59A, § 18 to State
facilities, since an exclusion that applied
throughout the article could have been included
in the definition of "public facility" in former
Article 59A, § 3(r). In light of the
substitution in this section of the narrower
defined term "State facility", former Article
59A, § 18(a) is deleted as unnecessary. The
Administration has indicated that there are no
county or municipal hospitals currently providing
or expected to provide services for mentally
retarded individuals, so that, in practice, this
substitution does not have a substantive effect.

In the introductory clause of this section, the
term "administrative head" is substituted for