HARRY HUGHES, Governor

987

that subsection (a) of this section neither
recognizes the legitimacy of volume discbunts nor
applies to other appropriate individuals, such as
employees who accept a bribe or kickback. The
General Assembly may wish to expand and clarify
subsection (a) of this section.

Defined terms: "Department" § 1-101
"Hospital" § 19-301 "Person" §§ 1-101 & 19-301
"License" § 19-301 "Related institution" § 19-301

19-358. OPERATING WITHOUT LICENSE.

(A)  OPERATION PROHIBITED.

A PERSON MAY NOT OPERATE A HOSPITAL OR RELATED
INSTITUTION UNLESS LICENSED BY THE SECRETARY.

(B)  PENALTY.

A PERSON WHO VIOLATES ANY PROVISION OF THIS SECTION IS
GUILTY OF A MISDEMEANOR AND ON CONVICTION IS SUBJECT TO A
FINE NOT EXCEEDING $1,000 FOR THE FIRST OFFENSE AND NOT
EXCEEDING $10,000 FOR EACH SUBSEQUENT CONVICTION FOR A
VIOLATION OF THE SAME PROVISION. EACH DAY A VIOLATION IS
CONTINUED AFTER THE FIRST CONVICTION IS A SUBSEQUENT
OFFENSE.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 565.

The reference to a "subsequent conviction for a
violation of the same provision" is substituted
for the reference to a "successive offense", for
clarity.

The only other changes are in style.

Defined terms: "Hospital" § 19-301
"Person" §§ 1-101 & 19-301
"Related institution" § 19-301

19-359. REGULATIONS ON RELATED INSTITUTIONS.

A PERSON WHO OPERATES A RELATED INSTITUTION IN
VIOLATION OF THE RULES AND REGULATIONS THAT THE SECRETARY'
ADOPTS FOR RELATED INSTITUTIONS IS GUILTY OF A MISDEMEANOR
AND ON CONVICTION IS SUBJECT TO A FINE NOT EXCEEDING $1,000.
EACH DAY A VIOLATION IS CONTINUED AFTER THE FIRST CONVICTION
IS A SEPARATE OFFENSE.

REVISOR'S NOTE: This section formerly appeared as
Article 43, § 565A.

The former phrase "which is subject to the