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Statutes Text

Article - Health - General




§7.5–402.

    (a)    Regulations adopted under this subtitle shall include:

        (1)    The requirements for licensure of a behavioral health program;

        (2)    The process for a behavioral health program to apply for a license;

        (3)    A description of the behavioral health programs that are required to be licensed;

        (4)    Any requirements for the governance of a behavioral health program, including:

            (i)    A provision prohibiting a conflict of interest between the interests of the provider and those of the individual receiving services;

            (ii)    A provision authorizing a behavioral health program licensed as an outpatient mental health center to satisfy any regulatory requirement that the medical director be onsite through the use of telehealth by the director; and

            (iii)    A provision authorizing a psychiatric nurse practitioner to serve as a medical director of an outpatient mental health center accredited in accordance with COMAR 10.63.03.05, including through telehealth;

        (5)    Provisions for inspections of a behavioral health program, including inspection and copying of the records of a behavioral health program in accordance with State and federal law; and

        (6)    Provisions for denials, sanctions, suspensions, and revocations of licenses, including imposition of civil monetary penalties, and notice and an opportunity to be heard.

    (b)    (1)    The Secretary may require a behavioral health program to be granted accreditation by an accreditation organization approved by the Secretary under Title 19, Subtitle 23 of this article as a condition of licensure under regulations adopted under this subtitle.

        (2)    By becoming licensed in accordance with paragraph (1) of this subsection, a program agrees to comply with all applicable standards of the accreditation organization.

    (c)    Regulations adopted under this subtitle may include provisions setting reasonable fees for applying for a license and for the issuance and renewal of licenses.