WILLIAM DONALD SCHAEFER, Governor

(D) A JUDGE MAY REMOVE A VICTIM OR REPRESENTATIVE FROM THE
TRIAL FOR THE SAME CAUSES AND IN THE SAME MANNER AS THE LAWS OR
RULES OF COURT PROVIDE FOR THE EXCLUSION OR REMOVAL OF THE
DEFENDANT.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall
take effect July 1, 1989.

May 25, 1989

The Honorable R. Clayton Mitchell, Jr.
Speaker of the House of Delegates
State House
Annapolis, Maryland 21401

Dear Mr. Speaker:

In accordance with Article II, Section 17 of the Maryland
Constitution, I have today vetoed House Bill 709.

House Bill 709 would change the minimum number of residents
allowed in a licensed domiciliary care home from 4 to 7
residents. These smaller homes would still have to register with
the Department of Health and Mental Hygiene. The bill would also
allow a domiciliary care home to provide nursing care and
personal care services to residents.

It is my understanding that the purpose of the legislation is to
encourage the creation of additional domiciliary care homes and
to address the disparity in the numerical triggers for
registration and licensure. Proponents argue that the more
stringent requirements of licensure may cause small domiciliary
care homes to go underground and circumvent the regulatory
process altogether.

The Office on Aging has recommended a veto because House Bill 709
"will place thousands of frail seniors and disabled adults who
reside in small domiciliary care facilities in the hands of
providers who would be legally exempted from licensure and
regulation under this legislation." The Office on Aging argues
that although registered homes would be open to inspection by the
Department of Health and Mental Hygiene, there are no standards
by which homes would be held accountable. Mechanisms to
safeguard elderly residents can only be effective if these
facilities are held accountable to specific standards of care.

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