HARRY HUGHES, Governor

391

(C)  PENALTY FOR EMPLOYEES, OFFICERS, OR DIRECTORS AND
OTHER VIOLATORS.

AN EMPLOYEE, OFFICER, OR DIRECTOR OF A PRIVATE FACILITY
OPERATOR OR ANY OTHER PERSON, WHO KNOWINGLY PARTICIPATES IN
A VIOLATION OF THIS SECTION IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $5,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

(D)  ADDITIONAL LIABILITY.

IN ADDITION TO ANY OTHER PENALTIES SPECIFIED IN THIS
SECTION, AN INDIVIDUAL WHO IS ADMITTED OR HELD AGAINST THE
INDIVIDUAL'S WILL BY A PERSON WHO IS OPERATING A PRIVATE
FACILITY WITHOUT A LICENSE MAY RECOVER CIVIL DAMAGES FROM
THAT PERSON AND FROM ANY OTHER PERSON WHO KNOWINGLY
PARTICIPATES IN THE ADMISSION OR DETENTION.

REVISOR'S NOTE: Subsection (a) of this section is new
language derived without substantive change from
former Article 59A, § 20(a) and revised in the
standard language used to express a prohibition
against operating a private facility without a
license.

Subsection (b) through (d) of this section
formerly appeared as Article 59A, § 23.

In subsections (a) and (b) of this section, the
word "operate{s}" is substituted for the
reference to "admit, receive or retain any
mentally retarded person for the purpose of care
or treatment of such mental retardation", for
brevity and conformity to § 7-402 of this title,
which refers to rules and regulations for
"operating" a private facility.

In subsection (a) of this section, the former
reference to the use of a private facility "for
the purpose of care or treatment of such mental
retardation" is deleted as unnecessary in light
of the definition of "private facility".

Subsection (b) of this section is revised to
clarify that the operator, rather than the
facility, violates this section.

In subsections (b) and (c) of this section, the
phrase "violation of this section" is substituted
for the references to "violation of § 20 of this
subtitle" and "violation of subsection (a) above"
to reflect the revision of those provisions
together in this section.