390

LAWS OF MARYLAND

Ch. 21

IN DETERMINING THE RATIO OF THE DIRECT-CARE STAFF TO
RESIDENTS IN A RESIDENTIAL FACILITY, THE STAFF TO BE COUNTED
SHALL BE ONLY:

(1)  THE MEMBERS OF THE STAFF WHO ARE:

(I)  ASSIGNED TO THE PHYSICAL AND
DEVELOPMENTAL CARE OF RESIDENTS;

(II)  ASSIGNED TO THE LIVING UNIT FOR THE
SHIFT; AND

(III)  PHYSICALLY PRESENT ON THE JOB AT ALL
TIMES DURING THE SHIFT;

(2)  THE MEMBERS OF THE STAFF:

(I)  WHO ARE ASSIGNED TO THE LIVING UNIT;
AND

(II)  WHOSE PRIMARY RESPONSIBILITY IS IN
TRAINING RESIDENTS IN ACTIVITIES OF DAILY LIVING, THE
DEVELOPMENT OF SELF-HELP, AND SOCIAL SKILLS; AND

(3)  THE MEMBERS OF THE PROFESSIONAL STAFF WHO
ARE:

(I)  ASSIGNED TO THE LIVING UNIT; AND

(II)  ASSIGNED TO PROVIDE PROGRAM SERVICES
FOR A TIME PERIOD THAT THE DEPARTMENT DETERMINES.

REVISOR'S NOTE: This section is new language derived
without substantive change from former Article
59A, § 8B.

As to which residents are counted for purposes of
this ratio, see § 2-103(d) of this article.

Defined terms: "Department" § 1-101
"Facility" § 7-101

SUBTITLE 9. PROHIBITED ACTS; PENALTIES; CIVIL LIABILITY.

7-901. OPERATING WITHOUT LICENSE.

(A)  OPERATION PROHIBITED.

A PERSON MAY NOT OPERATE A PRIVATE FACILITY UNLESS
LICENSED BY THE ADMINISTRATION.

(B)  PENALTY FOR FACILITY OPERATOR.

A PERSON WHO OPERATES A PRIVATE FACILITY IN VIOLATION
OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND ON CONVICTION
IS SUBJECT TO A FINE NOT EXCEEDING $10,000.