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10.07.04.00.htm 10.07.04.00. Title 10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE Subtitle 07 HOSPITALS Chapter 04 Related Institutions ― Residential Treatment Centers for Emotionally Disturbed Children and Adolescents Authority: Health-General Article, §19-308, 19-320, and 19-323, Annotated Code of MarylandPreface. The treatment and care of emotionally disturbed children and adolescents are of great concern to various State agencies including the Departments of Health and Mental Hygiene, Human Resources, and Edu
10.07.04.01.htm 10.07.04.01. 01 Definitions.. A. "Center" means a related institution as defined in Health-General Article, Title 19, Subtitle 3, "Hospitals and Related Institutions" Annotated Code of Maryland and shall include a residential treatment center for emotionally disturbed children or adolescents with overnight accommodations for two or more non-related individuals who are referred for admission on the recommendation of a physician.B. "Department" means the Departments of Health an
10.07.04.02.htm 10.07.04.02. 02 License Requirements.. A. License Required. A person, group of persons, or association may not establish, conduct, maintain, or operate in the State a center without first obtaining a license from the Secretary.B. Separate License Required. Centers maintained on separate premises shall obtain separate licenses, even though operated under the same management.C. License Not Required Under These Regulations. The following facilities are not deemed to be withi
10.07.04.03.htm 10.07.04.03. 03 Licensing Procedure.. A. Application. Applicants shall conform to the following:. 1) An applicant desiring to open or to continue the operation of an existing center shall file with the Secretary, on a written or electronic form provided by the Secretary, an application containing the applicant’s solemn affirmation under the penalties of perjury that the contents of the application are true to the best of the applicant’s knowledge, information, and belief:
10.07.04.04.htm 10.07.04.04. 04 Denial or Revocation of License.. A. Denial of License. The Secretary shall inform the application of the reasons for denial of a license and shall set a date by which the center shall close or correct deficiencies.B. Revocation of License. The Secretary, for cause shown, may revoke any license issued by him after giving the licensee a hearing before revocation. The hearing shall be held after 10 days notice to the licensee of intent to revoke, and he shall hav
10.07.04.05.htm 10.07.04.05. 05 Investigation by the Secretary.. A. Open to Inspection. Every center licensed under these regulations and any premises proposed to be operated by an applicant for a license, shall be open at all reasonable times to inspection by the Secretary and the Departments of Health and Mental Hygiene, Human Resources, and Education, or other agencies as requested by them.B. Frequency of Inspection. Every center shall be inspected by the Department at least once during e
10.07.04.06.htm 10.07.04.06. 06 New Construction or Alteration.. A. Submission of Plans. Plans shall be submitted to the Secretary before construction or alterations begin affecting its functional structure or normal bed capacity. These plans shall have the prior approval of local zoning authorities and the appropriate fire authorities. The Secretary shall review promptly the plans and shall notify the applicant or licensee within 30 days that the building, alteration, additions, or changes, are approved or di
10.07.04.07.htm 10.07.04.07. 07 Location and Communication.. A. Environment. Centers shall be located so that they are free from undue noises from railroads, freight yards, or other disruptive environment.Agency note: They should not be exposed to undue quantities of smoke, foul odors, or dust from any source.B. Transportation. The licensee of centers served by private access roads shall be responsible for maintaining these roads in passable condition at all times.
10.07.04.08.htm 10.07.04.08. 08 Physical Plant.. A. Construction. Any new building designated as a center and any existing building proposed for conversion for this use shall meet the following:1) Be a completely detached structure, no part of which is used for any other purpose, of fire resistive construction, or, if non-fire resistive, with an approved sprinkler system;2) The construction of the building shall prevent the entrance and harborage of rats and other rodents;
10.07.04.09.htm 10.07.04.09. 09 Fire Regulations.. A. Fire Prevention Code. Centers shall be free from fire hazards and shall comply with all applicable local fire and building codes and the State Fire Prevention Code which requires adherence to the National Fire Protection Association (NFPA) Standard No. 101, "Building and Exits Code.Agency note: This regulation provides general minimal requirements and does not encompass detailed specifications for all categories of construction. The licensee shall be req
10.07.04.10.htm 10.07.04.10. 10 General Requirements.. A. Cleanliness and Maintenance. The following shall be observed:. 1) The building and all its parts and facilities shall be kept in good repair, neat, and attractive. The safety and comfort of the residents shall be the first consideration.2) All walls, floors, ceilings, windows, and fixtures shall be kept clean. Interior walls and floors shall be of a character which permits frequent cleansing.3) Adequate storage space shall be provided for ex
10.07.04.11.htm 10.07.04.11. 11 Food Services.. A. Dietary Requirements. The following minimum requirements shall be observed:. 1) A minimum of three meals in each 24 hour period shall be served. In addition, nutritious between meal and bedtime snacks should be offered to all residents no less than 1-1/2 to 2 hours before the next meal.2) There may not be an interval longer than 12 hours from the evening meal or substantial bedtime snack to breakfast. The diet shall consist of simply prepared, appropriately
10.07.04.12.htm 10.07.04.12. 12 Management Requirements.. A. Responsibility. The licensee is responsible for conformance with licensing regulations.. B. Responsible Person. The licensee or administrator appointed by the licensee and all persons in supervisory or other responsible positions shall be 21 years old or older. The administrator may not leave the premises day or night without delegating responsibility to a competent employee 21 years old or older.C. Character. The licensee and administrator shall
10.07.04.13.htm 10.07.04.13. 13 Health Services.. A. Supervision of Treatment Program. Treatment at any center shall be under the direction of a qualified psychiatrist, not necessarily certified by the Secretary, who is responsible for the adequacy, quality, and appropriateness of the treatment program for each resident. There shall be sufficient professional personnel to insure the implementation of the treatment program for each resident.B. Medical Supervision. All residents shall be und
10.07.04.14.htm 10.07.04.14. 14 Additional Staff.. The following staffing requirements shall be met by the institution:. A. The administrator shall employ sufficient and satisfactory personnel to insure adequate treatment and care of the residents and the maintenance, cleaning, and housekeeping.B. Staff directly responsible for children are fitted for this by an understanding for children, by health, maturity, strength, and by willingness and ability to learn how best to help children.C. The staff shall be suf
10.07.04.15.htm 10.07.04.15. 15 Accommodations.. A. Usable Living Space Needed. Each center shall provide at least 35 square feet of usable floor space per resident, in addition to bedroom space, in order to meet minimal requirements for dining, living, and recreational facilities. A minimum of 80 square feet is required for single occupancy bedrooms, and 60 square feet per bed for multiple occupancy bedrooms. Usable space excludes service areas, entrance ways, closets, dormers, and other breaks in floor areas.
10.07.04.9999.htm 10.07.04.9999. Administrative History Effective date: April 17, 1967. Amended effective March 27, 1973. Amended effective March 22, 1974 ―. Regulation .02C amended effective January 20, 2014 (41:1 Md. R. 13). Regulation .03 amended effective March 13, 2017 (44:5 Md. R. 292). Regulation .03A amended effective August 29, 2016 (43:17 Md. R. 953). Regulation .11B amended effective February 15, 2016 (43:3 Md. R. 272) ― Annotation: COMAR 10.07.04 cited in Attorney General Opinion No. 82-034(Novemb
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