§ 19-319.2. Policies and procedures regarding patients' rights

   (a) "Facility" defined. -- In this section, "facility" means a special psychiatric hospital or an acute general care hospital with separately identified inpatient psychiatric service.

(b) Adoption; compliance; inspections; penalties. --

   (1) As a condition of licensure, each facility shall adopt written policies and procedures to implement the requirements of § 10-701 through 10-709 of this article. The policies and procedures:

      (i) May expand the rights provided in § 10-701 through 10-709 of this article;

      (ii) Shall provide for a mechanism for patients and others to report suspected violations of § 10-701 through 10-709 of this article to a designated official of the hospital;

      (iii) Shall provide a system for investigating suspected violations; and

      (iv) Shall ensure that there is a timely appropriate response to any suspected violation.

   (2) The Secretary may inspect any document necessary to ensure compliance with this subsection and § 10-701 through 10-709 of this article.

   (3) If a hospital that is a facility fails to adopt and implement the policies and procedures required by this subsection or maintains a continuing pattern of conditions or practices in knowing violation of § 10-701 through 10-709 of this article, the Secretary may impose the following penalties, but only after the Secretary has satisfied the conditions in § 19-360 of this subtitle:

      (i) Delicensure of the specialty psychiatric hospital;

      (ii) Delicensure of the separately identified psychiatric service of the acute general care hospital; or

      (iii) A fine not to exceed $ 500 per day for each day the violation continues.

HISTORY: 1991, ch. 500; 1992, ch. 22, § 1.