940

LAWS OF MARYLAND

Ch." 21

562(a), which stated the rules and regulations
could not conflict with law, is deleted as
unnecessary.

The fifth sentence of former Article 43, §
562(a), which permitted amendment or rescission
of the rules and regulations, is deleted as
included in the power to adopt these rules and
regulations.

Defined terms: "Hospital" § 19-301

"Related institution" § 19-301 "Secretary" § 1-101

(B) INSPECTIONS.

(1)  TO ASSURE COMPLIANCE WITH THE STANDARDS
ADOPTED UNDER THIS SUBTITLE, THE SECRETARY SHALL HAVE AN
INSPECTION MADE:

(I)  OF EACH HOSPITAL OR RELATED
INSTITUTION FOR WHICH A LICENSE IS SOUGHT; AND

(II)  PERIODICALLY OF EACH HOSPITAL AND
RELATED INSTITUTION FOR WHICH A LICENSE HAS BEEN ISSUED.

(2)  AT LEAST 2 INSPECTIONS A YEAR OF EACH
HOSPITAL AND RELATED INSTITUTION SHALL BE UNANNOUNCED.

(3)  THE PART OF A BUILDING THAT CONTAINS PART OF
A HOSPITAL OR RELATED INSTITUTION AND ANY OUTBUILDING ARE
CONSIDERED PART OF THE FACILITY AND ARE SUBJECT TO
INSPECTION TO DETERMINE OCCUPANCY STATUS FOR LICENSING
PURPOSES.

(4)  DURING EACH REGULAR SESSION OF THE GENERAL
ASSEMBLY, THE DEPARTMENT SHALL SUBMIT TO THE GENERAL
ASSEMBLY A REPORT ON THE INSPECTIONS.

(5)  (I) AN EMPLOYEE OF THE DEPARTMENT MAY NOT
INFORM A HOSPITAL OR RELATED INSTITUTION OF ANY PROPOSED
INSPECTION ACTIVITY, UNLESS THE CHIEF OF THE EMPLOYEE'S
DIVISION DIRECTS THE EMPLOYEE TO DO SO.

(II) AN EMPLOYEE WHO VIOLATES ANY
PROVISION OF THIS PARAGRAPH IS GUILTY OF A MISDEMEANOR AND
ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000 OR
IMPRISONMENT NOT EXCEEDING 1 YEAR OR BOTH.

REVISOR'S NOTE: This subsection is new language derived
without substantive change from former Article
43, § 561(a) and the phrase "after inspection" in
the first sentence of § 560(a).

Paragraph (4) of this subsection is revised to
clarify that the Department submits a report on