Policies and procedures regarding patients' rights

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    (a)    In this section, “facility” means a special psychiatric hospital or an acute general care hospital with separately identified inpatient psychiatric service.

    (b)    (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.


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