1. A. A local health department's governing body is the governing body of the respective county as set forth in Health-General Article, Title 3, Subtitle 3, Annotated Code of Maryland.
2. B. Except for local health departments, forensic residential centers (FRCs), and State residential centers, the governing body of all licensees shall include, at a minimum, at least one individual with a developmental disability, one family member of an individual with a developmental disability, and an individual with experience in the field of developmental disabilities.

3. C. Except for local health departments, forensic residential centers (FRCs), and State residential centers, the governing body of all licensees shall adopt written bylaws which require the governing body to be legally responsible for:

   1. (1) Overseeing the management and operation of the licensee;
   2. (2) Ensuring that the licensee operates in compliance with all of the requirements of this chapter and all other applicable laws and regulations;
   3. (3) Approving a licensee's mission statement, long-range goals, policies, procedures, and budget;
   4. (4) Defining and prohibiting those circumstances which would create a financial or personal conflict of interest for members of the governing body, staff, care providers, volunteers, and members of the standing committee;
   5. (5) Ensuring that the licensee responds to all POCs in a timely manner;
   6. (6) Approving a licensee's program service plan and ensuring that its services are provided in accordance with the plan;

   7. (7) Ensuring that at least 75 percent of the governing body of a licensee shall be residents of the State or reside within a 100 mile radius of the administrative offices of the licensee, which shall be located in the State unless the licensee:

      1. (a) Has established an Administration approved community-based advisory board or committee; and
      2. (b) Receives an Administration approved waiver;

   8. (8) Ensuring that no employee of a licensee or immediate family member of an employee of a licensee may serve as a voting member of the governing body of the licensee unless:

      1. (a) The employee receives services from the licensee; or
      2. (b) The Administration approves the composition of the governing body through an innovative program services plan in accordance with Regulation .09 of this chapter; and
   9. (9) Ensuring that by January 1, 2008, members of the governing body and employees of the licensee may not own property that is leased back to the licensee.

Authority: Health-General Article, §§7-904 and 7-909, Annotated Code of Maryland

Effective date: July 26, 1999 (26:15 Md. R. 1148)

Regulation .01 amended and recodified to be Regulation .01-1 and new Regulation .01 adopted effective May 5, 2008 (35:9 Md. R. 897)

Regulation .01 amended effective July 22, 2013 (40:14 Md. R. 1175)

Regulation .02A, D amended effective January 2, 2006 (32:26 Md. R. 1997)

Regulation .02A amended as an emergency provision effective July 10, 2008 (35:16 Md. R. 1388); emergency status extended at 36:2 Md. R. 96; amended permanently effective January 26, 2009 (36:2 Md. R. 100)

Regulation .02B amended effective March 13, 2017 (44:5 Md. R. 292)

Regulation .03 amended effective May 5, 2008 (35:9 Md. R. 897)

Regulation .04 amended effective January 2, 2006 (32:26 Md. R. 1997)

Regulation .05B amended effective January 2, 2006 (32:26 Md. R. 1997)

Regulation .08B, C amended effective January 2, 2006 (32:26 Md. R. 1997)

Regulation .08B, C amended as an emergency provision effective July 10, 2008 (35:16 Md. R. 1388); emergency status extended at 36:2 Md. R. 96; amended permanently effective January 26, 2009 (36:2 Md. R. 100)

Regulation .10 amended effective December 17, 2007 (34:25 Md. R. 2210)

Regulation .13D amended effective March 3, 2014 (41:4 Md. R. 300)

Regulation .13E adopted effective March 3, 2014 (41:4 Md. R. 300)