HARRY HUGHES, Governor

339

7-402. RULES AND REGULATIONS.

(A)  IN GENERAL.

THE DIRECTOR SHALL ADOPT RULES AND REGULATIONS FOR
ESTABLISHING, LICENSING, AND OPERATING PRIVATE FACILITIES.

(B)  CONTENTS.

THE RULES AND REGULATIONS SHALL ENSURE THAT TREATMENT
OF MENTALLY RETARDED INDIVIDUALS IS PROVIDED IN ACCORDANCE
WITH THE POLICY STATED IN SUBTITLE 1 OF THIS TITLE.

REVISOR'S NOTE: This section is new language derived
without substantive change from the first and
second clauses of the first sentence of former
Article 59A, § 20(b).

In subsection (a) of this section, the former
phrase "with the approval of the Secretary" is
deleted as unnecessary in light of §§ 7-203(a)
and 2-104 of this article.

Also in subsection (a) of this section, the
former reference to "certification" of facilities
is deleted since the Administration does not have
a certification process other than licensing.
This deletion avoids confusion with the
certificate of approval for private group homes
under § 7-417 of this subtitle and with the
requirements for a certificate of need from the
State Health Planning and Development Agency.

In subsection (b) of this section, the former
reference to ensuring treatment "in accordance
with ... § 20A of {former Article 59A}" is
deleted as unnecessary in light of § 7-415 of

this subtitle.

Also in subsection (b) of this section, the
former word "care" is deleted as unnecessary in
light of the use of the defined term "treatment".

Defined terms: "Director" §. 7-101
"Mentally retarded individual" § 7-101
"Private facility" § 7-101
"Treatment" § 7-101

7-403. LICENSE REQUIRED.

IN ADDITION TO HOLDING ANY OTHER LICENSE REQUIRED BY
LAW, A PERSON SHALL BE LICENSED BY THE ADMINISTRATION BEFORE
THE PERSON MAY OPERATE A PRIVATE FACILITY.