2013 Maryland Code
HEALTH - GENERAL
§ 19-308 - Standards and inspections

§19-308.

(a) The Secretary shall adopt reasonable rules and regulations that set standards of services for related institutions, accredited hospitals, nonaccredited hospitals, accredited residential treatment centers, and nonaccredited residential treatment centers in the following areas:

(1) The care of patients;

(2) The medical supervision of patients;

(3) The physical environment;

(4) Disease control;

(5) Sanitation;

(6) Safety; and

(7) Dietary matters.

(b) (1) To assure compliance with the standards adopted under this subtitle, the Secretary shall have an inspection made:

(i) Of each related institution, each accredited hospital or nonaccredited hospital, and each accredited residential treatment center or nonaccredited residential treatment center for which a license is sought; and

(ii) Periodically of each related institution, each accredited hospital or nonaccredited hospital, and each accredited residential treatment center or nonaccredited residential treatment center for which a license has been issued.

(2) At least 2 inspections a year of each related institution shall be unannounced.

(3) The part of a building that contains part of a hospital, residential treatment center, or related institution and any outbuilding are considered part of the facility and are subject to inspection to determine occupancy status for licensing purposes.

(4) Subject to § 2-1246 of the State Government Article, during each regular session of the General Assembly, the Department shall submit to the General Assembly a report on the inspections.

(5) (i) An employee of the Department may not inform a hospital, residential treatment center, or related institution of any proposed inspection activity, unless the chief of the employee’s division directs the employee to do so.

(ii) An employee who violates any provision of this paragraph is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.

§ 19-308 - 1. Patient care personnel

(a) "Patient care personnel" defined. --

(1) In this section, "patient care personnel" means an individual whom a related institution employs to provide health related or personal care services.

(2) "Patient care personnel" does not include an individual who provides general administrative, nonmedical supervisory, or record keeping services in a related institution.

(b) Qualifications. -- The Secretary may adopt reasonable rules and regulations that set minimum qualifications for patient care personnel who are not licensed under the Health Occupations Article.

§ 19-308 - 2. Transfer of patients between hospitals

(a) Requirements of HG § 10-625 not preempted by subsection (b) (1) of this section; guidelines governing transfer. --

(1) Subsection (b) (1) of this section is not intended to preempt the requirements of § 10-625 of this article.

(2) The Department shall adopt guidelines, after consultation with the Maryland Hospital Association, Inc., governing the transfer of patients between hospitals to ensure that transfers of patients between hospitals are accomplished in a medically appropriate manner and in accordance with the health care policies of the State that, at a minimum, require:

(i) Notification to the receiving hospital before the transfer and confirmation by that hospital that the patient meets that hospital's admissions criteria relating to appropriate bed, physician, and other services necessary to treat the patient;

(ii) The use of medically appropriate life-support measures that a reasonable and prudent physician exercising ordinary care would use to stabilize the patient before transfer and to sustain the patient during the transfer;

(iii) The provision of appropriate personnel and equipment that a reasonable and prudent physician exercising ordinary care would use for the transfer; and

(iv) The transfer of all necessary records for continuing the care for the patient.

(b) Penalties for violations. --

(1) The Department shall adopt regulations providing for penalties for hospitals that violate provisions of subsection (a) of this section.

(2) A penalty not exceeding $ 1,000 may be imposed per violation.

§ 19-308 - 3. Applications or contracts for admission

(a) "Facility" defined. -- In this section "facility" means a related institution that, under the regulations of the Department, is a comprehensive care facility or an extended care facility.

(b) Prerequisites for use. -- Before a facility may use an application or contract for admission the administrator of the facility shall submit the application or contract for admission to the Department.

(c) Changes. -- Before a facility may make any substantive change in an application or contract for admission that has been submitted under subsection (b) of this section, the administrator of the facility shall submit the proposed change to the Department.

(d) Review. -- The Department, after consulting with the Department of Aging, shall review the applications and contracts to assure:

(1) That the rights, responsibilities, and duties of the parties are set forth clearly and legibly;

(2) That they comply with applicable federal and State laws, including the patient's bill of rights; and

(3) That they do not contain provisions which are unenforceable because of public policy.

(e) Approval. --

(1) Any application or contract for admission submitted by a facility to the Department for review and approval in accordance with the provisions of this section shall be deemed approved if the Department fails to make a decision on the proposed application or contract for admission within 30 days of its submission.

(2) Any substantive change in an application or contract for admission submitted by a facility to the Department for review and approval in accordance with the provisions of this section shall be deemed approved if the Department fails to make a decision on the proposed substantive change within 15 days of its submission.

(3) Any decision disapproving any provision of any application or contract shall clearly and with particularity state the grounds for such disapproval.

(f) Regulations. -- The Department shall adopt regulations to implement the provisions of this section.

§ 19-308 - 4. Personal identification tags for employees and certain others

(a) Personal identification tag required. -- Each hospital or nursing facility in the State shall ensure that its employees and any other individuals who provide a health care service within or on the premises of the hospital or nursing facility wear a personal identification tag, except where inappropriate for medical reasons, that indicates in readable text:

(1) The name of the individual; and

(2) The professional or other title of the individual.

(b) Fines. -- The Secretary may impose a fine not to exceed $ 25 per violation of this section.

§ 19-308 - 5. Universal newborn hearing screening program

(a) In general. -- Each hospital that provides obstetrical services shall establish a universal newborn hearing screening program to ensure that:

(1) All newborns born in the hospital are screened for hearing loss before discharge; and

(2) The results are reported as required under § 13-605 of this article.

(b) Tests. -- The universal newborn hearing screening program established under this section shall consist of at least one of the following screening tests:

(1) Auditory brain stem response;

(2) Otoacoustic emissions; or

(3) Another appropriate screening test recommended by the Advisory Council and approved by the Secretary.

§ 19-308 - 6. Uniform emergency security codes for hospitals

(a) In general. -- The Secretary, in consultation with the Association of Maryland Hospitals and Health Systems and the Maryland Association of Hospital Security and Safety Directors, shall develop a uniform set of emergency security codes for hospitals.

(b) Regulations. -- The Secretary shall adopt regulations to implement the uniform set of emergency security codes.

(c) Implementation within two years. -- Each hospital in Maryland shall implement the provisions of the uniform set of emergency security codes for hospitals within 2 years of the adoption of the regulations by the Secretary.

§ 19-308 - 7. Umbilical cord blood donation

(a) In general. -- Unless it is medically inadvisable, each hospital shall allow a pregnant patient to arrange for the donation of the blood extracted from the umbilical cord of the patient's newborn child to a certified public cord blood bank.

(b) No charges for donation. -- A patient who agrees to donate cord blood to a public cord blood bank may not be charged for the costs of collecting, storing, or transporting the cord blood.

(c) Collection not required when contraindicated. -- A hospital is not required to collect cord blood if in the professional judgment of a licensed physician the collection of the cord blood would threaten the health of the mother or newborn child.

(d) Collection not required when violative of bona fide religious practices. -- A hospital or hospital employee, including a physician, nurse, or other medical staff, may not be required to collect cord blood if the collection of cord blood conflicts with the bona fide religious practices and beliefs of the hospital or hospital employee.

(e) Hospitals not required to make arrangements for donations. -- This section may not be construed to require a hospital to arrange for the donation of blood extracted from umbilical cords.

(f) Educational materials. --

(1) The Department, in consultaton with obstetricians, the Maryland Hospital Association, and interested groups, shall develop educational materials concerning the values, uses, and donation of umbilical cord blood for the purposes of paragraph (2) of this subsection.

(2) Each obstetrician and hospital that provides obstetrical services shall distribute the educational materials described in paragraph (1) of this subsection to pregnant patients.

§ 19-308 - 8. Discharge or transfer of patients.

(a) In general. -- A hospital may discharge a patient:

(1) Entirely;

(2) To another level of care, treatment, or services;

(3) To different health professionals; or

(4) To settings for continued services.

(b) Process based on patient's needs. -- A hospital's process for transfer or discharge shall be based on a patient's assessed needs.

(c) Facilitating transfer or discharge process. -- To facilitate discharge or transfer, the hospital shall:

(1) Assess a patient's needs;

(2) Plan for discharge or transfer;

(3) Facilitate the discharge or transfer process;

(4) Give the patient or person responsible for providing continuing care to the patient written discharge instructions in a form the patient can understand; and

(5) Help to ensure that continuity of care, treatment, and services is maintained.

(d) Penalties. -- If a hospital fails to comply with the requirements of this section, the Secretary may impose a civil money penalty not to exceed $ 10,000 for each failure to comply.

(e) Appeal. -- A hospital may appeal a civil money penalty imposed under subsection (c) of this section in accordance with Title 10, Subtitle 2 of the State Government Article.