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Ch. 550 2005 LAWS OF MARYLAND
19-3A-03.
(a) The Department shall issue a [certificate] LICENSE to a freestanding
medical facility that:
(1) [meets the certification] MEETS THE LICENSURE requirements
under this [section] SUBTITLE; AND
(2) RECEIVES APPROVAL FROM THE MARYLAND HEALTH CARE
COMMISSION UNDER THE REGULATIONS REQUIRED UNDER § 19-131 OF THIS TITLE.
(b) A freestanding medical facility that uses in its title or advertising the
[words] WORD "emergency"[, "urgent care", or parts of those words] or other
language indicating to the public that medical treatment for immediately
life-threatening medical conditions exist at that facility shall be [certified]
LICENSED by the Department before it may operate in this State.
(C) NOTWITHSTANDING SUBSECTION (A)(2) OF THIS SECTION, THE
DEPARTMENT MAY NOT REQUIRE A FREESTANDING MEDICAL FACILITY PILOT
PROJECT TO BE APPROVED BY THE MARYLAND HEALTH CARE COMMISSION AS A
CONDITION OF LICENSURE.
19-3A-04.
The governing body of any county may adopt rules and regulations governing
freestanding medical facilities more restrictive than the regulations adopted by the
Department.
19-3A-05.
(a) Except as provided in subsection (b) of this section, a person who violates
any provision of this subtitle 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.
(b) (1) [If a freestanding medical facility tails to comply with the
requirements of § 19-3A-02(9) and (10) of this subtitle, the Department may impose
a fine of up to $500 per day per violation for each day a violation continues.] IN
ADDITION TO OTHER PENALTIES AVAILABLE UNDER LAW, THE DEPARTMENT MAY
IMPOSE SANCTIONS AGAINST A FREESTANDING MEDICAL FACILITY THAT FAILS TO
COMPLY WITH THIS SUBTITLE OR REGULATIONS ADOPTED UNDER THIS SUBTITLE.
(2) THE SANCTIONS IMPOSED BY THE DEPARTMENT UNDER PARAGRAPH
(1) OF THIS SUBSECTION INCLUDE:
(I) A CIVIL PENALTY NOT TO EXCEED $10,000;
(II) RESTRICTIONS ON THE OPERATION OF THE FREESTANDING
MEDICAL FACILITY;
(III) A DIRECTED PLAN OF CORRECTION; AND
(IV) SUSPENSION OR REVOCATION OF THE FREESTANDING
MEDICAL FACILITY'S LICENSE.
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