HARRY HUGHES, Governor

993

Subsection (c)(2) of this section is new language
that combines, without substantive change, former
Article 43, § 878(d)(2), as it related to
policies, and § 881(b).

Subsection (c)(4) of this section is new language
that combines, without substantive change, former
Article 43, §§ 878(d)(3) and 881(e).

Subsection (c)(5) of this section is new language
that combines former Article 43, § 878(d)(2), as
it related to supervision of services, and the
narrower provisions of § 881(d). Former Article
43, § 878(d)(2) referred to supervision by a
physician, registered nurse, or another health
professional, while former Article 43, § 881(d)
only referred to a physician or registered nurse.
Subsection (c)(5) of this section is revised to
allow supervision by an appropriate health
professional.

In the introductory clause of subsection (c) of
this section, the phrase "may include" is
substituted for the phrase "shall include, when
appropriate" in former Article 43, § 881, since
the word "appropriate" negates the mandate
otherwise implicit in "shall".

Also in subsection (c) of this section, the
former phrase "but are not limited to" is deleted
as unnecessary in light of the definition of
"includes"/"including".

In subsection (c)(5) of this section, the former
reference to "an unlimited license to practice
medicine, surgery and obstetrics" is deleted as
unnecessary in light of the use of the defined
term "physician".

Defined terms: "Department" § 1-101
"Home health agency" § 19-401
"Includes"/"including" § 1-101
"Physician" § 1-101

19-405. LICENSE REQUIRED.

EXCEPT AS OTHERWISE PROVIDED IN THIS SUBTITLE, A PERSON
SHALL BE LICENSED BY THE DEPARTMENT BEFORE THE PERSON MAY
OPERATE A HOME HEALTH AGENCY.

REVISOR'S NOTE: This section is standard language added
to state a fundamental prerequisite implicit in
the former Article 43 provisions that related to
home health agencies.