<section article="ged" article_name="Education" number="13-101" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="1" subtitle_name="Branches, Commissions, and Institutes"> <level label="a"> <text>It is the intent of the General Assembly that the University of Maryland Global Campus:</text> <level label="1"> <text>Operate as Maryland’s open university serving nontraditional students who reside in Maryland, the United States, and throughout the world;</text> </level> <level label="2"> <text>Provide the citizens of Maryland with affordable, open access higher education; and</text> </level> <level label="3"> <text>Continue as a leader in distributed higher education.</text> </level> </level> <level label="b"> <level label="1"> <text>There is a University of Maryland Global Campus which is not a new constituent institution of the University System of Maryland.</text> </level> <level label="2"> <text>As a constituent institution of the University System of Maryland, the University of Maryland Global Campus is an instrumentality of the State.</text> </level> <level label="3"> <text>The exercise by the University of Maryland Global Campus of its powers, including its overseas operations, is the performance of an essential public function.</text> </level> </level> <level label="c"> <text>The provisions of § 12–105(a) of this article do not apply to the overseas operations of the University of Maryland Global Campus. The institution may spend the appropriation without the approval of the Board of Public Works and without submitting a detailed budget schedule to the Board of Public Works.</text> </level> <level label="d"> <text>The University of Maryland Global Campus shall prepare an annual financial information statement for the next following fiscal year and shall submit the statement to the Department of Budget and Management each year before October 1. The annual financial information statement shall include for the next following fiscal year:</text> <level label="1"> <text>An estimate of the total revenues of the University of Maryland Global Campus, including revenues from tuitions, fees, gifts, grants, and interest income;</text> </level> <level label="2"> <text>An estimate of the value of services which the other units of the University System of Maryland and other State agencies provide to the University of Maryland Global Campus; and</text> </level> <level label="3"> <text>An estimate of the total cost of salaries and personnel benefits for employees of the University of Maryland Global Campus.</text> </level> </level> <level label="e"> <level label="1"> <text>The interest or income from the investment of the funds of the University of Maryland Global Campus by the State Treasurer shall be credited to the University of Maryland Global Campus.</text> </level> <level label="2"> <text>Any unexpended or unencumbered balance of the annual appropriation for the University of Maryland Global Campus, except any appropriation from the General Fund of the State, shall not revert to the General Fund of the State at the end of the State’s fiscal year.</text> </level> </level> <level label="f"> <text>The University of Maryland Global Campus may:</text> <level label="1"> <text>Purchase, lease, or rent motor vehicles for use in overseas programs; and</text> </level> <level label="2"> <text>Purchase, lease, or rent mechanical or electronic data or information processing equipment and related services for its overseas programs.</text> </level> </level> <level label="g"> <level label="1"> <text>Each year the University of Maryland Global Campus shall cause an independent certified public accountant to prepare audited financial statements of the University of Maryland Global Campus in accordance with generally accepted auditing standards accompanied by the auditor’s report on the statements.</text> </level> <level label="2"> <text>The provisions of § 12–105(f) of this article do not apply to the University of Maryland Global Campus overseas programs.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-102" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="1" subtitle_name="Branches, Commissions, and Institutes"> <level label="a"> <level label="1"> <text>There is a Maryland Statewide Medical Education and Training System in the University of Maryland.</text> </level> <level label="2"> <text>The System includes the centers for training in comprehensive medical care specifically provided for in the State budget by funds designated and identified for the development of these centers.</text> </level> <level label="3"> <text>Each center shall be established cooperatively with an existing medical or educational institution in this State.</text> </level> </level> <level label="b"> <level label="1"> <text>The Dean of the University of Maryland School of Medicine and each cooperating institution jointly shall appoint a director and faculty for each center.</text> </level> <level label="2"> <text>Each center shall appoint an advisory council to provide the highest possible degree of support and advice from the lay and professional communities.</text> </level> </level> <level label="c"> <level label="1"> <text>In cooperation with the director of the center and the staff of the cooperating institution, the University of Maryland School of Medicine shall plan, implement, and expand a medical education and training program at each center.</text> </level> <level label="2"> <text>The Dean of the University of Maryland School of Medicine is responsible for the fiscal administration of the program and shall review and approve the budget proposed by each center.</text> </level> </level> <level label="d"> <level label="1"> <text>The University of Maryland is responsible for:</text> <level label="i"> <text>Selecting and assigning students to the centers; and</text> </level> <level label="ii"> <text>Curriculum development and accreditation of the centers.</text> </level> </level> <level label="2"> <text>The University of Maryland may assign to those centers that it believes have developed appropriate faculty, facilities, and primary care curricula:</text> <level label="i"> <text>Third and fourth year medical students;</text> </level> <level label="ii"> <text>Residency trainees; and</text> </level> <level label="iii"> <text>Students who are in primary care programs of other health professions.</text> </level> </level> </level> <level label="e"> <text>The University of Maryland School of Medicine shall provide for periodic, systematic evaluation of the Maryland Statewide Medical Education and Training System.</text> </level> <level label="f"> <level label="1"> <text>This section does not restrict any health care institution from starting or operating any training program jointly with any other person, whether or not the institution participates in this program.</text> </level> <level label="2"> <text>Any institution that participates with the University of Maryland under this section is free to engage in any other educational training programs.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-103" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="1" subtitle_name="Branches, Commissions, and Institutes"> <level label="a"> <text>There is a Maryland Fire and Rescue Institute in the University of Maryland.</text> </level> <level label="b"> <level label="1"> <text>The head of the Institute is the Director.</text> </level> <level label="2"> <text>The Director:</text> <level label="i"> <text>Shall report directly to the President of the University of Maryland, College Park Campus; and</text> </level> <level label="ii"> <text>May adopt rules and regulations necessary to carry out this section.</text> </level> </level> </level> <level label="c"> <text>The Institute shall:</text> <level label="1"> <text>Provide classroom education and training for career and volunteer fire and rescue personnel, both at the Institute and throughout this State;</text> </level> <level label="2"> <text>Cooperate with other agencies that provide training for fire and rescue personnel;</text> </level> <level label="3"> <text>Train instructors;</text> </level> <level label="4"> <text>Prepare or adopt materials for training fire and rescue personnel;</text> </level> <level label="5"> <text>Develop new fire and rescue training techniques;</text> </level> <level label="6"> <text>Develop and implement specialized courses in fire fighting, including industrial fire fighting;</text> </level> <level label="7"> <text>Maintain statistics and records on fire and rescue education, training, and related matters;</text> </level> <level label="8"> <text>Develop programs to inform the public about the tasks performed by fire and rescue personnel;</text> </level> <level label="9"> <text>Establish guidelines for instructional material to school systems in the State concerning fire and rescue education;</text> </level> <level label="10"> <text>Provide disaster training for fire and rescue personnel; and</text> </level> <level label="11"> <text>Cooperate with the Maryland Institute for Emergency Medical Services Systems to provide basic training for rescue personnel and emergency medical technicians.</text> </level> </level> <level label="d"> <text>The Institute shall have the funds provided in the State budget.</text> </level> </section> <section article="ged" article_name="Education" number="13-104" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="1" subtitle_name="Branches, Commissions, and Institutes"> <level label="a"> <text>In this section, “Fund” means the Small Business Development Center Network Fund.</text> </level> <level label="b"> <text>There is a Small Business Development Center Network Fund.</text> </level> <level label="c"> <text>The purpose of the Fund is to provide matching funds for federal grant funds and to support the operations of the Small Business Development Center Network in the University of Maryland, College Park Campus.</text> </level> <level label="d"> <text>The Fund is a special, continuous, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="e"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> <level label="f"> <text>The proceeds of the Fund shall be invested and reinvested.</text> </level> <level label="g"> <text>Any investment earnings of the Fund shall be credited to the General Fund of the State.</text> </level> <level label="h"> <text>The Fund consists of:</text> <level label="1"> <text>Any money appropriated to the Fund;</text> </level> <level label="2"> <text>Any federal grant funds; and</text> </level> <level label="3"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="i"> <text>Money in the Fund may only be expended to support the operations of the Small Business Development Center Network.</text> </level> <level label="j"> <text>For the fiscal year beginning July 1, 2021, and each fiscal year thereafter, the Governor shall include in the annual budget bill a General Fund appropriation of at least $1,150,000 to the Fund.</text> </level> </section> <section article="ged" article_name="Education" number="13-105" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="1" subtitle_name="Branches, Commissions, and Institutes"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Fund” means the Sustainable Maryland Program Fund.</text> </level> <level label="3"> <text>“Program” means the Sustainable Maryland Program.</text> </level> </level> <level label="b"> <level label="1"> <text>There is a Sustainable Maryland Program.</text> </level> <level label="2"> <text>The purpose of the Program is to provide research, access to resources, technical assistance, and certification programs for municipalities to increase sustainability, protect environmental well–being, and ensure economic vitality.</text> </level> <level label="3"> <text>In carrying out the powers and duties granted under this section, the Program shall work in consultation and collaboration with institutions and organizations in the State, including:</text> <level label="i"> <text>The Environmental Finance Center at the University of Maryland;</text> </level> <level label="ii"> <text>The School of Architecture, Planning, and Preservation at the University of Maryland; and</text> </level> <level label="iii"> <text>The Maryland Municipal League.</text> </level> </level> </level> <level label="c"> <text>There is a Sustainable Maryland Program Fund.</text> </level> <level label="d"> <text>The purpose of the Fund is to expand and enhance Sustainable Maryland’s promotion and support of communities in the State in the effort to realize environmental, economic, and social sustainability.</text> </level> <level label="e"> <text>The University of Maryland Environmental Finance Center shall administer the Fund.</text> </level> <level label="f"> <level label="1"> <text>The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="2"> <text>The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.</text> </level> </level> <level label="g"> <text>The Fund consists of:</text> <level label="1"> <text>Money appropriated in the State budget to the Fund;</text> </level> <level label="2"> <text>Interest earnings; and</text> </level> <level label="3"> <text>Any other money from any other source accepted for the benefit of the Fund.</text> </level> </level> <level label="h"> <text>The Fund may be used only for:</text> <level label="1"> <text>Offering training and education to ensure communities are well informed on advances in sustainability science, policy, and practice;</text> </level> <level label="2"> <text>Outreach and engagement to build local capacity and institutionalize sustainability efforts within communities, including:</text> <level label="i"> <text>An annual sustainability conference;</text> </level> <level label="ii"> <text>A peer–to–peer learning exchange; and</text> </level> <level label="iii"> <text>Sustainable Maryland green team roadshows;</text> </level> </level> <level label="3"> <text>Developing and expanding the Sustainable Maryland program;</text> </level> <level label="4"> <text>Improving green community certification tiers with new strategies and actions;</text> </level> <level label="5"> <text>Providing annual community innovation small grants to help communities pilot new innovative strategies;</text> </level> <level label="6"> <text>Recognizing community efforts toward achieving green certification; and</text> </level> <level label="7"> <text>Administrative expenses related to the Sustainable Maryland program.</text> </level> </level> <level label="i"> <level label="1"> <text>The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.</text> </level> <level label="2"> <text>Any interest earnings of the Fund shall be credited to the Fund.</text> </level> </level> <level label="j"> <text>Expenditures from the Fund may be made only in accordance with the State budget.</text> </level> <level label="k"> <text>Money expended from the Fund for the Sustainable Maryland program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the Sustainable Maryland program.</text> </level> <level label="l"> <text>For fiscal year 2024 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $500,000 to the Fund.</text> </level> </section> <section article="ged" article_name="Education" number="13-106" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="1" subtitle_name="Branches, Commissions, and Institutes"> <level label="a"> <text>In this section, “Institute” means the Institute for Public Leadership at the University of Maryland, College Park Campus.</text> </level> <level label="b"> <level label="1"> <text>There is an Institute for Public Leadership in the School of Public Policy at the University of Maryland, College Park Campus.</text> </level> <level label="2"> <text>The School of Public Policy at the University of Maryland, College Park Campus shall manage the Institute according to the policies of the University of Maryland.</text> </level> </level> <level label="c"> <text>The purpose of the Institute is to:</text> <level label="1"> <text>Enhance the teaching of public leadership through academic and executive programs that support a diverse range of populations, including undergraduate and graduate students, mid–career professionals, and executive level officials and staff;</text> </level> <level label="2"> <text>Provide students with opportunities for experiential learning with local, State, and federal partners;</text> </level> <level label="3"> <text>Support students, especially those underrepresented in public service positions, to access public leadership careers through partnerships, skill development, and professional mentorship;</text> </level> <level label="4"> <text>Build an active community of accomplished local, State, and federal practitioners associated with the Institute to share their knowledge and experience with students, faculty, and the public; and</text> </level> <level label="5"> <text>Serve as a resource for public leaders in the State and the nation through research on issues of current and emerging significance.</text> </level> </level> <level label="d"> <text>For each of fiscal years 2023 through 2027, the Governor shall include in the annual budget bill an appropriation of $1,500,000 to the Institute.</text> </level> </section> <section article="ged" article_name="Education" number="13-107" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="1" subtitle_name="Branches, Commissions, and Institutes"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Program” or “TerpsEXCEED Program” means the University of Maryland, College Park Campus TerpsEXCEED (EXperiencing College through Education and Employment Discovery) Program.</text> </level> <level label="3"> <text>“University” means the University of Maryland, College Park Campus.</text> </level> </level> <level label="b"> <text>For fiscal year 2027 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation of $350,000 for the TerpsEXCEED Program at the University.</text> </level> <level label="c"> <level label="1"> <text>The funding provided under subsection (b) of this section may serve as a sustainable funding source for the management of the TerpsEXCEED Program to provide educational and employment opportunities to students with intellectual disabilities and to enable the Program’s future expansion.</text> </level> <level label="2"> <text>The funding provided under subsection (b) of this section may be used for:</text> <level label="i"> <text>Advising and counseling students in the Program to assist with scheduling and registration for classes, outreach to professors, designing course modifications, providing in–class support and accommodations, and offering mentor tutoring;</text> </level> <level label="ii"> <text>Advising and counseling students in the Program to assist with calendar management;</text> </level> <level label="iii"> <text>Advising and counseling students in the Program to facilitate student club and activity choices;</text> </level> <level label="iv"> <text>Training and communicating with resident assistants and resident directors in the Program;</text> </level> <level label="v"> <text>Offering courses in peer mentorship in the Program;</text> </level> <level label="vi"> <text>Advising peer mentors in the Program;</text> </level> <level label="vii"> <text>Offering courses in career development in the Program;</text> </level> <level label="viii"> <text>Developing internship and job opportunities on and off campus, gathering supervisor feedback, and providing direct employment support, including goal setting and career planning for each student in the Program;</text> </level> <level label="ix"> <text>Connecting students in the Program with State agencies that support individuals with disabilities;</text> </level> <level label="x"> <text>Managing the use of self–directed waiver budgets for on–campus supports in the Program;</text> </level> <level label="xi"> <text>Managing financial aid systems for the Program;</text> </level> <level label="xii"> <text>Sharing resources needed for post–Program support; and</text> </level> <level label="xiii"> <text>Facilitating a cross–agency, integrated resource team for each student in the Program and any other customized programming or direct counseling that supports the well–being of each student in the Program and fosters specific opportunities for self–determination.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="13-201" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Day” means, except as otherwise provided, a working day, Monday through Friday, regardless of work schedule, weekend work, or midweek days off.</text> </level> <level label="c"> <level label="1"> <text>“Grievance” means any cause of complaint arising between a regular full–time or part–time employee and the University on a matter concerning discipline, alleged discrimination, promotion, assignment, or interpretation or application of University rules or departmental procedures over which the University management has control.</text> </level> <level label="2"> <text>“Grievance” includes, notwithstanding any other provision of this subsection, a cause of complaint arising under §§ 2–402 and 2–407 of the State Personnel and Pensions Article.</text> </level> <level label="3"> <text>“Grievance” does not include:</text> <level label="i"> <text>Complaints on the general level of wages, wage patterns, fringe benefits, or other broad areas of financial management and staffing; or</text> </level> <level label="ii"> <text>Any cause of complaint by any employee who is not represented by an exclusive representative under Title 3 of the State Personnel and Pensions Article.</text> </level> </level> </level> <level label="d"> <text>“University”, unless the context requires otherwise, means a constituent institution of the University System of Maryland.</text> </level> </section> <section article="ged" article_name="Education" number="13-202" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <level label="a"> <text>If authorized by the Board of Regents or its designee, nurses and graduates of registered nurse education programs assigned to positions in the medical system of the Baltimore City campus may be scheduled to work flexible biweekly schedules with the normal biweekly work period of 80 hours; however, nursing personnel may not be required to work a flexible biweekly schedule.</text> </level> <level label="b"> <text>If authorized by the Board of Regents or its designee, the campuses of the University System of Maryland may enter into agreements or understandings with employees who are eligible for overtime compensation under federal law that the employees will receive voluntarily compensatory time off in accordance with the federal Fair Labor Standards Amendments of 1985.</text> </level> <level label="c"> <text>The University’s policy regarding compensatory time off awarded under the provisions of subsection (b) of this section shall be in accordance with regulations regarding compensatory time off adopted by the Department of Budget and Management, where appropriate.</text> </level> </section> <section article="ged" article_name="Education" number="13-203" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <level label="a"> <text>If, following informal discussion with the supervisor, a dispute remains unresolved, the grievance procedure is available. There are three steps in the grievance procedure.</text> </level> <level label="b"> <level label="1"> <text>Step One. Step one is the initiation of a complaint. Grievances shall be initiated within 30 calendar days of the action involved, or within 30 calendar days of the employee having reasonable knowledge of the act, unless these time limits are further delimited as stated in § 13-205 of this subtitle. Appeals within the grievance procedure shall be timed from receipt of the written opinion of management or from when such opinion is due, whichever comes first. An aggrieved employee or the employee’s designated representative may present the grievance in writing to the department head or chairman or designee for formal consideration. If the grievance is presented to the department head or chairman or designee, within 5 days after the receipt of the written grievance a conference shall be held with the aggrieved or the employee’s designated representative and within 5 days after the conclusion of the conference a decision shall be rendered in writing to the aggrieved or the employee’s designated representative. If the aggrieved employee is not satisfied with the decision rendered at this step, the employee or the employee’s designated representative may appeal in writing to step two within 5 days.</text> </level> <level label="2"> <text>Both employee and department head or chairman or designee shall continue to review the matter, either privately or with the help of others in the employee’s immediate work unit who are directly involved in the grievance. Each department head or chairman or designee shall use judgment in keeping superiors informed of the status of each grievance and, if necessary, request guidance, advisory committees, or other assistance consistent with departmental policy. If either the employee or the department head or chairman or designee feels the need for aid in arriving at a solution, the campus personnel department may be requested to provide resource staff or any other available resource personnel may be invited to participate in further discussions. The addition of such participants does not relieve the department head or chairman or designee and the employee from responsibility for resolving the problem.</text> </level> </level> <level label="c"> <text>Step Two. The appeal shall be submitted to the president of the constituent institution or the president’s designated representative within 5 days after the receipt of the written decision at step one. The president or the president’s designated representative shall hold a conference with the aggrieved or the employee’s designated representative within 10 days of receipt of the written grievance appeal and render a written decision within 15 days after the conclusion of the conference.</text> </level> <level label="d"> <text>Step Three. In the case of any still unresolved grievance between an employee and the constituent institution, the aggrieved employee, after exhausting all available procedures provided by the constituent institution, may submit the grievance to either arbitration or to the Chancellor who may delegate this responsibility to the Office of Administrative Hearings in accordance with Title 10, Subtitle 2 of the State Government Article. In either case, the appeal shall be submitted within 10 days after the receipt of any written decision pertaining to that grievance and issued by the constituent institution. If the grievance is arbitrated, the parties shall select an arbitrator by mutual agreement. If they are unable to reach a mutual agreement, an arbitrator shall be supplied by the American Arbitration Association by their procedures. Any fees resulting from arbitration are assessed by the arbitrator equally between the two parties. The arbitration award is advisory to the Chancellor or administrative law judge, as appropriate, and an additional appeal or hearing may not be considered. The Chancellor or administrative law judge, as appropriate, shall make the final decision that is binding on all parties.</text> </level> <level label="e"> <level label="1"> <text>The Chancellor or administrative law judge, as appropriate, shall have the power to award back pay in any grievance and the president of the constituent institution shall enforce such order. In any reclassification case in which the Chancellor or administrative law judge, as appropriate, or his designated representative, determines that an employee has been misclassified, the Chancellor or administrative law judge, as appropriate, may, in his discretion, award back pay to the employee for a period not to exceed one year prior to the initial filing of the grievance.</text> </level> <level label="2"> <text>After a finding that wages were withheld in violation of §§ 2–402 and 2–407 of the State Personnel and Pensions Article, the decision maker in a grievance procedure shall award the payment of damages in accordance with § 2–407 of the State Personnel and Pensions Article.</text> </level> </level> <level label="f"> <level label="1"> <text>During any stage of a complaint, grievance, or other administrative or legal action that concerns State employment by a full-time or part-time employee of an institution, or by a temporary or contractual employee of an institution, the employee may not be subjected to coercion, discrimination, interference, reprisal, or restraint by or initiated on behalf of an institution solely as a result of that employee’s pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.</text> </level> <level label="2"> <text>An employee of an institution may not intentionally take or assist in taking an act of coercion, discrimination, interference, reprisal, or restraint against another employee solely as a result of that employee’s pursuit of a grievance, complaint, or other administrative or legal action that concerns State employment.</text> </level> <level label="3"> <text>An employee who violates the provisions of this subsection is subject to disciplinary action, including termination of employment.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-204" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <text>A decision may not be made at any step of the grievance procedure that conflicts with or modifies a policy approved by the Board of Regents of the University System of Maryland or with any applicable statute or with any administrative regulation issued under appropriate statutory authority or that otherwise delimits the lawfully delegated authority of University officials unless prior approval has been obtained from the responsible official.</text> </section> <section article="ged" article_name="Education" number="13-205" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <level label="a"> <text>Within 5 days from the date on which the employee receives the charges for removal as evidenced by the return receipt or other evidence of delivery of the charges to the employee an employee who is suspended under charges for removal may request an opportunity to be heard in his own defense. Within 30 days if possible after receipt, the president or the president’s designated representative shall investigate the charges and give the employee an opportunity to be heard. Testimony shall be taken under oath and both the department head or chairman or designee and the employee have the right of representation by counsel and the right to present witnesses and give evidence. Within 15 days following the conclusion of the conference, the written decision shall be rendered to the employee. In the case of appeals from charges pending removal, the department head or chairman or designee may request through appropriate channels the Attorney General’s representative to the University to serve as counsel. In case no hearing is timely requested, the Campus Director of Personnel shall act upon the charges or order such other actions as are indicated by the findings in the case. If a hearing is timely requested and the removal is upheld, step three of the grievance procedure shall be available to the removed individual. The appeal shall be submitted within 10 days after receipt of the written University decision.</text> </level> <level label="b"> <text>Within 5 days, an employee who is notified of demotion may file a written answer with the president or the president’s designated representative and request an investigation of the demotion. Within 20 days, if possible, after receipt, the president or the president’s designated representative shall investigate the demotion and give the employee an opportunity to be heard. Within 15 days following the conclusion of the investigation, the written decision shall be rendered to the employee. If an investigation is timely requested and the demotion is upheld, step three of the grievance procedure is available to the demoted employee. The appeal shall be submitted within 10 days after receipt of the written University decision.</text> </level> <level label="c"> <level label="1"> <text>Rejection on Original Probation. Within 5 days of the notice of rejection, an employee who is rejected on original probation may file a written request with the president or the president’s designated representative for a hearing. Within 20 days, if possible, after receipt, the president or the president’s designated representative shall conduct a hearing. Within 15 days following the conclusion of the hearing, the written decision shall be rendered to the employee. If the hearing is timely requested and the rejection is upheld, step three of the grievance procedure is available. The appeal shall be submitted within 10 days after receipt of the written University decision. Rejection for cause is not required in the case of an employee rejected on original probation.</text> </level> <level label="2"> <text>Rejection on Promotional, Transfer, or Horizontal Change Probation. Within 5 days of receipt of the recommendation of the department head or chairman to reject, an employee who is promoted and then rejected within the probationary period for the new class and for whom a vacancy in the former class is not available may file an answer with the president or the president’s designated representative and request an investigation of the proposed rejection. Within 20 days, if possible, after receipt, the president or the president’s designated representative shall investigate the proposed rejection. The same rule applies to an employee who has completed a probationary period in one classification and makes a horizontal change to a new classification, and is rejected in the new classification or who transfers to another department in the same classification and is rejected. Within 15 days following the conclusion of the investigation, the written decision shall be rendered to the employee. If the investigation is timely requested and the rejection is upheld, step three of the grievance procedure is available to the rejected employee. The appeal shall be submitted within 10 days after receipt of the written University decision.</text> </level> </level> <level label="d"> <level label="1"> <text>This subsection does not apply to suspensions pending charges for removal.</text> </level> <level label="2"> <text>Alleged infractions shall be investigated by the responsible supervisor or administrator or designee at the earliest opportunity following knowledge of it, and the investigation shall be promptly completed. All suspensions of employees shall be implemented within 3 days of the alleged infraction or knowledge of the alleged infraction by the responsible supervisor or administrator. All suspension days shall be consecutive.</text> </level> <level label="3"> <text>The employee or the employee’s designated representative may submit a written appeal on a disciplinary suspension to the president or the president’s designated representative within 5 days of notification of the suspension, or the employee or the employee’s designated representative may appeal the suspension within 3 days of notification of the suspension to the department head or chairman or designee. The department head or chairman or designee shall hear the case within 3 days from the receipt of the written appeal. If the appeal is unheard or unanswered as a result of management delay, the employee shall be reinstated with full back pay.</text> </level> <level label="4"> <text>If the suspension is upheld by the president or the president’s designated representative, step three of the grievance procedure is available to the employee. If the employee chooses to appeal to the department head or chairman or designee, any further appeals shall proceed through steps two and three of the grievance procedure.</text> </level> </level> <level label="e"> <level label="1"> <text>If an employee is suspended without pay pending a hearing on disposition of charges for removal, the president or the president’s designated representative shall notify the employee in writing of the reasons for the suspension at the time of the notice of the suspension.</text> </level> <level label="2"> <text>Within 5 working days of the notice of suspension, the employee may request in writing that the president or the president’s designated representative, in addition to conducting a hearing on the merits, conduct a preliminary hearing to determine whether or not the employee may continue to work with pay pending the disposition of the charges.</text> </level> <level label="3"> <text>The president or the president’s designated representative shall conduct a preliminary hearing within 5 working days after the president or the president’s designated representative receives in writing the request from the suspended employee for the preliminary hearing.</text> </level> <level label="4"> <text>The preliminary hearing shall be limited to the issues of:</text> <level label="i"> <text>Whether suspension without pay is necessary to protect the interests of the University or the employee pending final disposition of the charges; and</text> </level> <level label="ii"> <text>Whether other employment and status alternatives should be considered.</text> </level> </level> <level label="5"> <text>At the preliminary hearing, the employee may:</text> <level label="i"> <text>Rebut the reasons given for the suspension;</text> </level> <level label="ii"> <text>Allege mitigating circumstances; and</text> </level> <level label="iii"> <text>Offer alternatives to the suspension, including:</text> <level label="1"> <text>Return to the position with pay;</text> </level> <level label="2"> <text>Transfer to another position with pay; or</text> </level> <level label="3"> <text>Suspension with pay.</text> </level> </level> </level> <level label="6"> <text>Within 5 days after the preliminary hearing is completed, the president or the president’s designated representative shall render a written decision that is conclusive as to the issue of whether or not the employee may continue to work with pay pending the disposition of the charges.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-205.1" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <level label="a"> <text>This section applies only to a regular full–time or part–time employee who is represented by an exclusive representative under Title 3 of the State Personnel and Pensions Article.</text> </level> <level label="b"> <text>The University may remove, suspend, or demote a regular full–time or part–time employee who is not on probation only:</text> <level label="1"> <text>For cause;</text> </level> <level label="2"> <text>On written charges; and</text> </level> <level label="3"> <text>In accordance with this subtitle.</text> </level> </level> <level label="c"> <text>The University may not remove, suspend, or demote a regular full–time or part–time employee for any reason prohibited by § 2–302 of the State Personnel and Pensions Article.</text> </level> </section> <section article="ged" article_name="Education" number="13-206" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <level label="a"> <text>In cases of appeal to an arbitrator, each party is responsible for any expense incurred in the preparation and presentation of its own case and for any record or transcript it may desire.</text> </level> <level label="b"> <text>Upon the formal or informal initiation of a grievance an employee designated as a grievance procedure representative shall not suffer any loss of pay for investigating, processing or testifying in any step of the grievance procedure. Release time from normal work schedules is to be granted all witnesses to attend grievance hearings. Expenses incurred in connection with attendance by employees at grievance hearings shall be borne by the employee’s department.</text> </level> <level label="c"> <text>Similar grievances may be consolidated and processed together as a single issue. Where a number of individual grievances have been reduced into a single grievance, not more than three employees selected by and from the group may be excused from work to attend a grievance meeting called by the responsible administrator at step one and not more than five employees at steps two and three unless, at any step, prior permission is granted by the person hearing the grievance.</text> </level> <level label="d"> <text>Employee complaint forms shall be available in the campus personnel department. The University form shall be used.</text> </level> <level label="e"> <text>It is the responsibility of the head of each organizational unit to assure that each employee understands the channels of communication and appeal, specifically who is the department head or chairman and who acts in their absence.</text> </level> <level label="f"> <text>An employee may not leave the post of duty to engage in grievance handling without the knowledge of and permission from the designated supervisor.</text> </level> <level label="g"> <text>A formal grievance may be filed by the aggrieved employee; the request to appeal a grievance must bear the signature of the employee or the employee’s representative at each step of the procedure.</text> </level> <level label="h"> <text>A record of each grievance and its disposition shall be furnished to the employee involved. A file copy of each grievance shall be maintained at the last step at which the grievance was processed, and an additional copy shall be filed with the campus personnel department which shall be available to the employee or the employee’s representative.</text> </level> <level label="i"> <text>At any point in the grievance procedure, the employee may elect to obtain, change, or dismiss the representative by providing a written notice to the person hearing the grievance. However, the action does not allow the grievant to return to a previous step in the procedure.</text> </level> <level label="j"> <text>A hearing officer may exclude incompetent, irrelevant, immaterial, and unduly repetitious evidence or witnesses.</text> </level> <level label="k"> <text>Each step of the grievance procedure shall be processed as quickly as practicable within the specified time limits. Failure to appeal at any step constitutes acceptance. Failure to answer is a denial to which an appeal may be made. By mutual agreement, the time limits and/or steps may be waived.</text> </level> <level label="l"> <text>It is the responsibility of each party to the grievance procedure at each step of the procedure to duplicate the grievance form prior to filing it with the employer or returning it to the employee and to retain one copy of the form.</text> </level> <level label="m"> <text>A grievance may start with a complaint or request by a permanent or temporary employee.</text> </level> <level label="n"> <text>An employee may be represented at every step of the grievance procedure by a party or organizational representative.</text> </level> <level label="o"> <text>An employee shall receive a copy of this grievance procedure upon employment at the University.</text> </level> <level label="p"> <text>Both parties shall make an effort to resolve the grievance at the lowest possible level.</text> </level> <level label="q"> <text>All grievance hearings shall be open hearings unless either party requests that the hearing be closed.</text> </level> <level label="r"> <text>At any step of the grievance procedure, either party may require that witnesses be excluded from the hearing room until called.</text> </level> <level label="s"> <text>Any party who elects to use this procedure for resolution of a problem is presumed to agree to abide by the final disposition arrived at in this procedure and the final disposition may not be subject to review under any other procedure within the University.</text> </level> <level label="t"> <text>Any question concerning the timeliness of a grievance or whether a complaint is subject to the grievance procedure shall be raised and resolved promptly, unless the person hearing the grievance or appeal determines that the decision on a motion to dismiss will be deferred pending a hearing on both the merits and the motion.</text> </level> </section> <section article="ged" article_name="Education" number="13-207" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="2" subtitle_name="University of Maryland Regular Employee Grievance Procedures"> <level label="a"> <text>The defense of sovereign immunity may not be available to the University, unless otherwise specifically provided by the laws of Maryland, in any administrative, arbitration, or judicial proceeding held pursuant to this section, or the personnel policies, rules, and regulations for regular full–time and part–time employees of the University System of Maryland involving any type of employee grievance or hearing, including, but not limited to charges for removal, disciplinary suspensions, involuntary demotions, or reclassifications.</text> </level> <level label="b"> <text>The Governor shall provide in the annual State budget adequate funds for the satisfaction of any final monetary or benefit award or judgment that has been rendered in favor of the employee against the University in any administrative, arbitration, or judicial proceeding.</text> </level> <level label="c"> <text>Awards under this section that have not been satisfied pursuant to subsection (d) of this section, shall be reported to the Comptroller of the Treasury, who shall maintain and report annually to the Governor an accounting of existing awards. Upon appropriation of funds by the legislature, the Comptroller of the Treasury shall satisfy existing awards in order of date of award.</text> </level> <level label="d"> <text>If the University has sufficient funds available to satisfy any award under this section at the time the award is rendered, the award shall be satisfied as soon as practicable but not more than 20 days after the award becomes final.</text> </level> </section> <section article="ged" article_name="Education" number="13-301" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>In this subtitle, unless the context clearly requires otherwise, the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Annual contract” means, as to any fiscal year, the contract required by this subtitle to be entered into between the University and the Medical System Corporation stating the obligations between them for that fiscal year.</text> </level> <level label="c"> <text>“Board of Directors” means the Board of Directors of the Medical System Corporation.</text> </level> <level label="d"> <text>“Board of Regents” means the Board of Regents of the University System of Maryland.</text> </level> <level label="e"> <text>“Chief Executive Officer” means the individual elected Chief Executive Officer by the Board of Directors of the Medical System Corporation and also appointed by the Board of Regents as Vice President for the medical system.</text> </level> <level label="f"> <text>“Community naturally served” means the hospital’s historic service population and those neighborhoods traditionally served by the hospital as well as any additional population the Medical System Corporation determines with the approval of the Maryland Health Care Commission and the Maryland Department of Health.</text> </level> <level label="g"> <text>“Comprehensive services” means comprehensive health care services.</text> </level> <level label="h"> <text>“Dental school” means the School of Dentistry of the University.</text> </level> <level label="i"> <text>“Includes” or “including” means includes or including by way of illustration and not by way of limitation.</text> </level> <level label="j"> <text>“Institute” means the Maryland Institute for Emergency Medical Services Systems.</text> </level> <level label="k"> <text>“Medical system” means the University Medical System, consisting of those health care delivery components of the University that are in Baltimore City rendering patient care services and more particularly identified by the Board of Public Works at the time of conveying medical system assets to the Medical System Corporation, including University Hospital, the University Cancer Center, and the clinical component of the Institute.</text> </level> <level label="l"> <text>“Medical system assets” means all assets allocated to the medical system as shown on the financial statements of the medical system at the transfer date and as more particularly or additionally identified or supplemented by the Board of Regents and approved by the Board of Public Works and transferred to the Medical System Corporation, including (unless further defined by the Board of Public Works) all related land and buildings and funds deposited with the State Treasurer.</text> </level> <level label="m"> <text>“Medical System Corporation” means University of Maryland Medical System Corporation, a private, nonprofit, nonstock corporation formed under the general corporation laws of this State.</text> </level> <level label="n"> <text>“Medical System Corporation employees” means employees of the Medical System Corporation.</text> </level> <level label="o"> <text>“Medical system liabilities” means all liabilities allocated to the medical system as shown on the financial statements of the medical system at the transfer date.</text> </level> <level label="p"> <text>“Medical system personnel” means both medical system University personnel and Medical System Corporation employees.</text> </level> <level label="q"> <text>“Medical system University personnel” means those employees of the University who report to the Chief Executive Officer and for whose services the Medical System Corporation contracts with the University.</text> </level> <level label="r"> <text>“President” means the President of the University of Maryland, Baltimore Campus.</text> </level> <level label="s"> <text>“School of Medicine” means the School of Medicine of the University.</text> </level> <level label="t"> <text>“Transfer date” means any date from July 1, 1984, to June 1, 1985, both inclusive, determined by the Board of Public Works and filed with the Secretary of State and the Department of Legislative Services.</text> </level> <level label="u"> <text>“University” means the University of Maryland.</text> </level> </section> <section article="ged" article_name="Education" number="13-302" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <text>It is hereby found and determined that:</text> <level label="1"> <text>The purposes of the medical system are to provide medical care of the type unique to University medical facilities for the citizens of the State and region and, in accomplishing this objective, to provide a clinical context for education and research conducted by the faculty of the University;</text> </level> <level label="2"> <text>The purposes extend to all citizens of the State, particularly regarding health care needs which only an academic medical institution can adequately meet such as extensive tertiary care, major shock trauma treatment, and sophisticated surgical techniques;</text> </level> <level label="3"> <text>The purposes also include rendering comprehensive health care to the community naturally served by University Hospital to assure its availability to citizens of that community;</text> </level> <level label="4"> <text>These purposes separately and collectively serve the highest public interest and are essential to the public health and welfare, but must be realized in the most efficient manner and at the lowest cost practicable and consistent with these purposes;</text> </level> <level label="5"> <text>It has proven unnecessarily costly and administratively cumbersome for the University to finance, manage, and carry out the patient care activities of an academic institution within the existing framework of a State agency, since many applicable laws, management structures, and procedures were developed to implement types of governmental functions which differ from the operations of a major patient care facility in an environment of State and federal regulation; such patient care operations are more efficiently served by contemporary legal, management, and procedural structures utilized by similarly situated, private entities throughout the nation;</text> </level> <level label="6"> <text>It is fiscally desirable for the State of Maryland to separate the operations, revenues, and obligations of the medical system from the State to the end that, to the maximum extent practicable, the medical system be a self–supporting entity to which the State may make grants or with which the State may contract as may be deemed appropriate from time to time; this separation will segregate patient care costs and revenues from unrelated State activities;</text> </level> <level label="7"> <text>The interests of the citizens of the State, the region, and the community naturally served by University Hospital will be best met by granting and transferring State assets and liabilities related to the medical system to a private, nonprofit, nonstock corporation in order to create a separate legal and organizational structure for the medical system to provide independence and flexibility of management and funding, while assuring a compatible and mutually beneficial relationship with the University;</text> </level> <level label="8"> <text>In order to maintain the highest quality patient care with the maximum efficiency practicable, the R Adams Cowley Shock Trauma Center will be part of the medical system and will be governed by the Board of Directors; and</text> </level> <level label="9"> <text>It is the intent of the General Assembly that:</text> <level label="i"> <text>Employees of the Medical System Corporation and any subsidiary of the Medical System Corporation who are not medical system University personnel enjoy the rights and protections associated with full freedom of association and collective bargaining afforded to similarly situated citizens of the State; and</text> </level> <level label="ii"> <text>Each subsidiary established by the Medical System Corporation under § 13–303(k) of this subtitle, including a subsidiary established for the purpose of operating all or a part of the University of Maryland Medical Center, falls within the jurisdiction of the National Labor Relations Board, and the employees of the subsidiary are subject to the benefits and protections of the National Labor Relations Act.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-303" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>Prior to the transfer date:</text> <level label="1"> <text>The Board of Public Works shall approve the articles of incorporation of the Medical System Corporation which shall reflect the requirements of this subtitle; and</text> </level> <level label="2"> <text>The Board of Regents and the Board of Directors shall take all actions necessary to create and organize the Medical System Corporation, which shall be organized for charitable, scientific, and educational purposes and shall attain and maintain exemption from federal income taxation but which shall not be a State agency, political subdivision, public body, public corporation, or municipal corporation and is not subject to any provisions of law affecting only governmental or public entities.</text> </level> </level> <level label="b"> <text>On or after the transfer date, the Medical System Corporation shall own, lease, manage, and operate the medical system, including such components or health services as the Board of Directors may determine or agree to undertake from time to time and shall have all powers of a Maryland corporation which are not expressly limited by this subtitle; such powers include the power to convey, lease, mortgage, encumber, and otherwise deal with all its assets including the medical system assets, without limitation or regard to their source, unless a grantor or donor restricts the use of such assets; provided, however, that without in any way limiting the power to mortgage or otherwise encumber such property, any sale or lease of any land or buildings transferred on the transfer date shall be approved by the Board of Regents.</text> </level> <level label="c"> <text>The Board of Directors:</text> <level label="1"> <text>Shall provide for and maintain, consistent with the policies of the State Health Services Cost Review Commission or other relevant authority, comprehensive services for patient populations naturally served by University Hospital, including uncompensated care and outpatient care; and</text> </level> <level label="2"> <text>Shall maintain, create, and develop specialty care services appropriate to an academic medical institution to meet the needs of the State and region.</text> </level> </level> <level label="d"> <text>The Board of Directors shall operate the medical system without discrimination based upon race, creed, sex, or national origin.</text> </level> <level label="e"> <text>The Board of Directors will conduct procurement activities consistent with minority purchasing standards applicable to State government agencies.</text> </level> <level label="f"> <text>The fiscal year of the Medical System Corporation will be the same as the fiscal year of the State unless otherwise approved by the Board of Public Works.</text> </level> <level label="g"> <text>The Board of Directors shall cause annual audited financial statements of the Medical System Corporation to be prepared and filed with the Governor, the Joint Audit and Evaluation Committee, and the Board of Regents as soon as practicable following the close of its fiscal year.</text> </level> <level label="h"> <level label="1"> <text>The Board of Directors shall prepare an annual report describing operations of the Medical System Corporation in the immediately preceding fiscal year, which shall be delivered to the Board of Regents, the Governor, and, subject to § 2–1257 of the State Government Article, the General Assembly as soon as practicable following the close of its fiscal year.</text> </level> <level label="2"> <text>The report shall include information about the amount of uncompensated care provided, the number of ambulatory care visits, the number of Medicaid patient visits, the number of patient visits by subdivision during the year, and any other information relevant to the provisions of this section.</text> </level> <level label="3"> <text>The General Assembly may take the annual report into consideration when considering requests by the Medical System Corporation for financial assistance from the State, including appropriations for the operating reserve fund under § 13–309 of this subtitle.</text> </level> </level> <level label="i"> <text>Requests to the General Assembly for grants from the State for the Medical System Corporation may be submitted only with approval of the Board of Regents.</text> </level> <level label="j"> <text>The Board of Directors will coordinate with University fund–raising efforts all Medical System Corporation campaigns and solicitations for private gifts and proposals for private or federal grants.</text> </level> <level label="k"> <level label="1"> <text>The Board of Directors shall establish a nonprofit subsidiary for the purpose of operating all or a part of the University of Maryland Medical Center, to the extent approved by the University in the annual contract, that shall:</text> <level label="i"> <text>Have all powers available under the laws governing the formation of the subsidiary; and</text> </level> <level label="ii"> <text>Be formed in a manner so that the subsidiary, for the purposes of meeting the jurisdictional requirements of the National Labor Relations Board:</text> <level label="1"> <text>Does not constitute a department or administrative arm of the State or any agency, political subdivision, public body, public corporation, or municipal corporation; and</text> </level> <level label="2"> <text>Is not administered by individuals who are responsible to public officials or to the general electorate.</text> </level> </level> </level> <level label="2"> <text>In addition to establishing a subsidiary under paragraph (1) of this subsection, the Board of Directors may establish nonprofit or for–profit subsidiaries or related entities, to the extent approved by the University in the annual contract.</text> </level> </level> <level label="l"> <text>The Board of Directors shall ensure that the medical system shall continue to make available medical services to residents of various State institutions whose residents prior to the effective date of this legislation were served by the Hospital, including State residential centers for individuals with an intellectual disability, State mental hygiene facilities and facilities run by the State Division of Correction, as long as the administrators of those institutions continue to seek care from the Hospital for their residents in accordance with policies and legislative intent incorporated in the State budget. The Hospital is to be compensated by the institutions or other payors for this care in accordance with policies of the State Health Services Cost Review Commission or other relevant authority.</text> </level> <level label="m"> <text>The Board of Directors shall ensure that the Medical System Corporation continues to be a private, nonprofit, nonstock corporation that is independent from any State agency.</text> </level> <level label="n"> <level label="1"> <text>On or before May 31, 2019, the Board of Directors shall adopt a conflict of interest policy for members of the Board that includes:</text> <level label="i"> <text>Standards for the disclosure of financial interests;</text> </level> <level label="ii"> <text>Standards for Board member participation in contracts with the Medical System Corporation in accordance with this subtitle, including an attestation that the Board member has complied with the conflict of interest standards adopted by the Board;</text> </level> <level label="iii"> <text>Standards for recusal from voting;</text> </level> <level label="iv"> <text>A requirement that a Board member may not use the Board member’s position on the Board for personal gain when contracting with the Medical System Corporation; and</text> </level> <level label="v"> <text>A requirement that a Board member provide an attestation of any business relationship with the Medical System Corporation or any affiliate of the Corporation.</text> </level> </level> <level label="2"> <text>The Board of Directors shall send a copy of the conflict of interest policy adopted under paragraph (1) of this subsection to the Governor, the President of the Senate, and the Speaker of the House of Delegates:</text> <level label="i"> <text>After the policy is initially adopted; and</text> </level> <level label="ii"> <text>Each time a change is made to the policy.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="13-304" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>The government of the Medical System Corporation is vested in the Board of Directors.</text> </level> <level label="b"> <level label="1"> <text>Subject to paragraphs (2) and (3) of this subsection, the Board of Directors consists of 6 nonvoting members and not less than 22 and not more than 25 voting members appointed by the Governor with the advice and consent of the Senate.</text> </level> <level label="2"> <level label="i"> <text>On or after October 1, 2014, the Medical System Corporation may amend its articles of incorporation to add up to three voting members to the Board of Directors as the Medical System Corporation determines to be necessary and appropriate.</text> </level> <level label="ii"> <text>Nominations of additional voting members shall be made by the Board of Directors and submitted to the Board of Regents for comment and to the Governor for consideration.</text> </level> <level label="iii"> <text>Any member added to the Board of Directors under subparagraph (i) of this paragraph shall:</text> <level label="1"> <text>Represent an entity that affiliates with the Medical System Corporation on or after October 1, 2014;</text> </level> <level label="2"> <text>Be appointed by the Governor with the advice and consent of the Senate; and</text> </level> <level label="3"> <text>Be designated as an affiliate board member.</text> </level> </level> <level label="iv"> <text>Nothing in this paragraph may be construed to require the Medical System Corporation to nominate a representative of an entity that affiliates with the Medical System Corporation on or after October 1, 2014, to be an additional board member.</text> </level> </level> <level label="3"> <text>Notwithstanding the provisions of paragraph (1) of this subsection, for each hospital that affiliates with the medical system on or after June 1, 2019, the Governor may appoint an additional voting member who is a representative from the hospital.</text> </level> </level> <level label="c"> <level label="1"> <text>Each member shall be a resident of this State.</text> </level> <level label="2"> <text>A member of the Board may not be a State or local elected official.</text> </level> <level label="3"> <text>Three voting members shall be members of the Board of Regents.</text> </level> <level label="4"> <text>One voting member shall be the Governor’s designee.</text> </level> <level label="5"> <text>Two voting members shall be appointed as follows:</text> <level label="i"> <text>One appointed by the President of the Senate of Maryland; and</text> </level> <level label="ii"> <text>One appointed by the Speaker of the House of Delegates.</text> </level> </level> <level label="6"> <text>At least 1 voting member of the Board shall be appointed by the Governor, upon nomination by the membership of the Community Advisory Council, from the membership of the Community Advisory Council.</text> </level> <level label="7"> <text>At least 1 voting member of the Board of Directors shall have expertise in the hospital field.</text> </level> <level label="8"> <text>In appointing the voting members of the Board of Directors, the Governor shall ensure that the composition of the Board fairly represents the minority composition of the State.</text> </level> <level label="9"> <text>The nonvoting members shall be, ex officio, the Chancellor of the University System of Maryland, the President, the Chief Executive Officer, the Dean of the School of Medicine, the President of the medical staff organization of the medical system, and the Associate Director of nursing services for the medical system.</text> </level> </level> <level label="d"> <level label="1"> <text>The term of a member is 5 years and begins on the 1st Monday in June of the year of appointment.</text> </level> <level label="2"> <text>The terms of members are staggered as required by the terms provided for members of the Board on the transfer date.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.</text> </level> <level label="5"> <text>A member may be reappointed, but may not serve more than 2 consecutive full terms.</text> </level> </level> <level label="e"> <text>For terms subsequent to initial terms, nominations of members will be made by the Board of Directors and submitted to the Board of Regents for comment and to the Governor for consideration.</text> </level> <level label="f"> <text>The Board of Directors may adopt and amend bylaws.</text> </level> <level label="g"> <level label="1"> <text>The Board of Directors shall determine the time and place of its meetings and may adopt rules for the conduct of its meetings.</text> </level> <level label="2"> <text>Eleven voting directors constitute a quorum for transacting business at any meeting, and action by a majority of voting directors present at a meeting shall be the act of the Board unless the bylaws require a greater number.</text> </level> </level> <level label="h"> <text>Each year, the Board of Directors shall elect from among its members:</text> <level label="1"> <text>A Chairman; and</text> </level> <level label="2"> <text>Any other officer it requires.</text> </level> </level> <level label="i"> <text>The Board of Directors shall elect a Chief Executive Officer who shall also be appointed by the Board of Regents as Vice President of the University of Maryland Medical System, and who shall begin service in this joint office after the appointment is approved by both boards. The Chief Executive Officer shall serve at the pleasure of the Board of Directors. In the event of a vacancy of the Chief Executive Officer, nominees will be selected by a process to be determined jointly by the Board of Regents and the Board of Directors.</text> </level> <level label="j"> <text>Each member of the Board:</text> <level label="1"> <text>Serves without compensation; and</text> </level> <level label="2"> <text>Is entitled to reimbursement for expenses as provided by the Board of Directors.</text> </level> </level> <level label="k"> <text>A member of the Board may not intentionally use the prestige of office or public position for that member’s private gain or that of another.</text> </level> <level label="l"> <level label="1"> <level label="i"> <text>Except as provided in subparagraph (iii) of this paragraph, each member annually shall submit a disclosure of financial interest, including any potential conflicts of interest, to the State Health Services Cost Review Commission.</text> </level> <level label="ii"> <level label="1"> <text>Except as provided in subsubparagraph 2 of this subparagraph, the State Health Services Cost Review Commission shall make freely available to the public on its website, through an online registration program, the statement submitted under subparagraph (i) of this paragraph.</text> </level> <level label="2"> <text>The State Health Services Cost Review Commission may not provide public access to the portion of the statement that includes an address that the member has identified as the member’s home address.</text> </level> </level> <level label="iii"> <text>A newly appointed member shall submit a disclosure of financial interest within 60 days after the member’s appointment to the Board.</text> </level> </level> <level label="2"> <text>If the Governor determines that a member has willfully filed a false statement under paragraph (1)(i) of this subsection, the Governor shall remove the member from the Board.</text> </level> <level label="3"> <text>The Board of Directors and the compliance officer for the Medical System Corporation shall review each statement submitted under paragraph (1) of this subsection for compliance with the Board’s conflict of interest policy.</text> </level> <level label="4"> <text>The State Health Services Cost Review Commission annually shall send a summary of each statement submitted under paragraph (1) of this subsection to the Governor, the President of the Senate, and the Speaker of the House.</text> </level> </level> <level label="m"> <level label="1"> <text>The Medical System Corporation may not use sole source procurement to award a contract to an active member of the Board of Directors or a business entity that employs or has an affiliation with an active member.</text> </level> <level label="2"> <text>The Governor shall remove a member from the Board of Directors who has benefited from a sole source procurement.</text> </level> <level label="3"> <text>The Medical System Corporation may not provide a preference for the award of a contract to an active member of the Board of Directors or a business entity that employs or has an affiliation with an active member.</text> </level> </level> <level label="n"> <level label="1"> <text>The award of a contract or the making of a payment to a member of the Board of Directors or an associated business of a member shall be subject to the approval of the full Board of Directors.</text> </level> <level label="2"> <text>Before the Medical System Corporation awards a contract or makes a payment to a member of the Board of Directors, the compliance officer shall:</text> <level label="i"> <text>Review the contract or payment and advise the member of the Board of Directors as to whether the contract or payment is appropriate and consistent with the policies of the Medical System Corporation; and</text> </level> <level label="ii"> <text>Make a recommendation to the Board of Directors as to whether the contract or payment should be approved or disapproved by the Board.</text> </level> </level> </level> <level label="o"> <level label="1"> <text>The Board of Directors shall develop a policy governing contracts with and payments to a member of the Board of Directors or members of the board of directors of hospitals affiliated with the Medical System Corporation by:</text> <level label="i"> <text>The Medical System Corporation; or</text> </level> <level label="ii"> <text>The affiliated hospital.</text> </level> </level> <level label="2"> <text>On or before December 1 each year, the Board of Directors shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate, the Speaker of the House, the Joint Audit and Evaluation Committee, the Senate Finance Committee, and the House Health and Government Operations Committee on:</text> <level label="i"> <text>The policy adopted under paragraph (1) of this subsection; and</text> </level> <level label="ii"> <text>How the Board of Directors has ensured compliance with the policy by the affiliated hospitals and the members of the board of directors of the affiliated hospitals.</text> </level> </level> </level> <level label="p"> <text>The Chairman of the Board of Directors shall appoint representatives from the community naturally served by the medical system having interest in the services of the medical system to 3–year terms as members of a Community Advisory Council. The Board of Directors shall designate at least one of its members to meet with the Community Advisory Council and advise the Community Advisory Council of matters of potential interest. Recommendations of this Community Advisory Council concerning services offered by the Medical System Corporation and its community relationships shall be considered by the Board of Directors.</text> </level> </section> <section article="ged" article_name="Education" number="13-305" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>The medical system will serve as the primary clinical setting for University students in health care fields to receive educational and research experiences. The clinical faculties of the School of Medicine and Dental School will be the sources for the medical staff of the medical system. The same persons will serve both as Chairmen of the Clinical Science Departments of the School of Medicine and chiefs of the corresponding clinical services of the medical system. The University and the Medical System Corporation will institute appropriate procedures to effect such appointments.</text> </level> <level label="b"> <level label="1"> <text>In this subsection, “Medical System Corporation employees” include the employees of a subsidiary established under § 13–303(k) of this subtitle for the purpose of operating all or a part of the University of Maryland Medical Center.</text> </level> <level label="2"> <text>The Medical System Corporation shall utilize both Medical System Corporation employees and medical system University personnel.</text> </level> <level label="3"> <text>Prior to the transfer date, each University employee working in the medical system shall elect to be either a Medical System Corporation employee or a part of medical system University personnel. No University employee may be required to become an employee of the Medical System Corporation as a condition of employment or promotion. All medical system University personnel are University employees in all respects.</text> </level> <level label="4"> <text>With respect to promotion opportunities, the Medical System Corporation shall treat medical system University personnel on the same basis as Medical System Corporation employees.</text> </level> <level label="5"> <text>The Medical System Corporation shall establish an integrated seniority list composed of Medical System Corporation employees and medical system University personnel. Each listed employee’s seniority will be calculated by including all employment with the University or the Medical System Corporation or both.</text> </level> </level> <level label="c"> <text>Sections 5–501 through 5–504 of the General Provisions Article shall not bar an official or employee of the University from becoming a director, official, or employee of the Medical System Corporation or participating in matters involving the Corporation and shall not prevent the Executive Director of the Maryland Institute for Emergency Medical Services Systems from becoming a voting Director of the Medical System Corporation.</text> </level> </section> <section article="ged" article_name="Education" number="13-306" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>Prior to the transfer date and to the 1st day of each fiscal year thereafter, the Board of Regents and the Board of Directors shall each approve an annual contract which shall state all financial obligations, exchanges of services, and any other agreed relationships between the University and the Medical System Corporation for the ensuing fiscal year. The annual contract shall identify all services to be provided and the agreed cost of such services.</text> </level> <level label="b"> <text>The annual contract will be developed by the Chief Executive Officer, the Dean of the School of Medicine, and other University officials as determined by the President. The annual contract will be submitted to the Board of Regents upon the recommendation of the President for consideration, modification, and approval.</text> </level> <level label="c"> <text>The Board of Directors and Board of Regents may establish procedures for the approval of the annual contract.</text> </level> <level label="d"> <text>If the University and the Medical System Corporation do not enter into an annual contract for any fiscal year, the annual contract for the previous year shall remain in force until another annual contract is approved.</text> </level> </section> <section article="ged" article_name="Education" number="13-307" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>On the transfer date the Board of Public Works, the Board of Regents, and any other required State department, agency, or body shall take all legal action necessary to transfer, as a grant without consideration, the medical system assets to the Medical System Corporation.</text> </level> <level label="b"> <text>If it is not appropriate or desirable to transfer title to any medical system assets, such assets shall be leased to the Medical System Corporation or other legal arrangement effected giving control and use to the Medical System Corporation, the consideration to be a payment equal to all costs of the University that become due after the transfer date with respect to purchase, maintenance, or repair of such assets.</text> </level> <level label="c"> <text>If ownership of medical system assets cannot be legally transferred on the transfer date, ownership shall be transferred as soon as practicable after it is legal to do so. In any event, provisions shall be made, by lease or other arrangement, for the Medical System Corporation to have control and use of all medical system assets on and after the transfer date.</text> </level> <level label="d"> <text>The following conditions shall be satisfied before transfer of the medical system assets:</text> <level label="1"> <text>The Medical System Corporation must be established in accordance with this subtitle; and</text> </level> <level label="2"> <text>An annual contract must be in effect.</text> </level> </level> <level label="e"> <text>The approval of such transfer by the Board of Public Works shall constitute a conclusive determination that:</text> <level label="1"> <text>Such transfer is in compliance with this subtitle;</text> </level> <level label="2"> <text>The articles of incorporation of the Medical System Corporation are in proper form; and</text> </level> <level label="3"> <text>All conditions of the transfer have been satisfied.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-308" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>On the transfer date the Medical System Corporation shall take all legal action necessary to assume the medical system liabilities, but only to the extent expressly provided in this subtitle and the annual contract; the Medical System Corporation shall not be liable for any other debts, obligations, or liabilities of the State or the University incurred or arising in connection with the medical system prior to the transfer date. This assumption of liabilities shall be an assumption of such liabilities as they exist on the transfer date; provided, however, this provision shall be construed and applied to give effect to all provisions of law and defenses applicable to such liabilities prior to the transfer date.</text> </level> <level label="b"> <text>Regardless of any assumption of liability by the Medical System Corporation, the payment of any settlement or judgment against a State officer or employee incurred or arising in connection with the medical system prior to the transfer date shall be determined pursuant to § 12-404 of the State Government Article, and, if the Board of Public Works determines to make a payment to satisfy such settlement or judgment, such payment shall be made only from the State General Emergency Fund or the State Insurance Trust Fund.</text> </level> <level label="c"> <text>Effective on the transfer date, the Medical System Corporation shall assume responsibility for and shall defend, indemnify, and hold harmless the University and the State with respect to:</text> <level label="1"> <text>All liabilities and duties of the University pursuant to contracts and agreements for commodities, services, and supplies utilized by the medical system;</text> </level> <level label="2"> <text>All claims related to the employment relationship after the transfer date between medical system personnel and the University and the State; and</text> </level> <level label="3"> <text>All claims for breach of contract resulting from the Medical System Corporation’s action or failure to act after the transfer date.</text> </level> </level> <level label="d"> <text>The Medical System Corporation will designate legal counsel to represent medical system University personnel determined by the Attorney General to be entitled to legal representation pursuant to § 12-304 of the State Government Article, with respect to acts or omissions in the course of services related to the medical system on or after the transfer date. The Attorney General shall not be responsible for representing such individuals for actions on or after the transfer date. The Medical System Corporation shall be responsible for paying any grants approved by the Board of Public Works, pursuant to § 12-404 of the State Government Article, with respect to such actions on or after the transfer date.</text> </level> <level label="e"> <text>If the Board of Public Works determines, as provided in the State Government Article, that any individual who is a part of medical system University personnel should be reimbursed for the cost of defending a criminal claim relating to actions on or after the transfer date in the course of services related to the medical system, the Medical System Corporation shall fund such reimbursement.</text> </level> <level label="f"> <text>Nothing contained in this subtitle shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the State or to deprive the University or any officer or employee thereof of sovereign immunity.</text> </level> </section> <section article="ged" article_name="Education" number="13-309" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <text>In order to provide financial independence and stability to the Medical System Corporation, there is an Operating Reserve Fund held by the Treasurer of the State for the Medical System Corporation. The Board of Directors may request funds from the Treasurer from the Operating Reserve Fund and the Treasurer, with the approval of the Board of Public Works, shall transfer the amount requested to the Medical System Corporation but only to the extent that the Operating Reserve Fund has been funded by appropriation in an annual State budget. Advances from the Operating Reserve Fund shall be treated as loans from the State, subordinate to the rights of other creditors of the Medical System Corporation, and the Board of Directors shall cause such advances to be repaid to the Treasurer as soon as the financial condition of the Medical System Corporation reasonably permits. The Treasurer shall hold any repaid advances in the Operating Reserve Fund subject to further advances to the Medical System Corporation. The money in the Operating Reserve Fund may not revert to the general treasury at the end of the State’s fiscal year, and all investment earnings in such Fund shall become a part of such Fund.</text> </section> <section article="ged" article_name="Education" number="13-310" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <text>Obligations of the Medical System Corporation:</text> <level label="1"> <text>Are payable only from assets of the Medical System Corporation; and</text> </level> <level label="2"> <text>Are not debts or obligations of the University or the State.</text> </level> </section> <section article="ged" article_name="Education" number="13-311" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <level label="a"> <text>The Medical System Corporation and its corporate existence shall continue until terminated in accordance with law; provided, however, that no such law or termination shall take effect so long as the Medical System Corporation shall have bonds, notes, or other obligations outstanding, unless adequate provision has been made for the payment thereof.</text> </level> <level label="b"> <text>Upon termination of the existence of the Medical System Corporation, all its rights and properties shall pass to and be vested in the State, but subject in all cases to any mortgages, liens, or other encumbrances or any other rights or interests of creditors of the Medical System Corporation or other third parties.</text> </level> <level label="c"> <text>The articles of incorporation of the Medical System Corporation and the documents of transfer of the medical system assets must state that the Board of Regents and the Board of Public Works may determine that the Medical System Corporation has failed to realize the purposes set forth in this subtitle; in the event of such a determination, the Board of Directors shall be required to undertake appropriate legal proceedings to return all assets of the medical system then held by the Medical System Corporation to the State, but only if adequate provision has been made for the payment of any outstanding bonds, notes, or other obligations of the Medical System Corporation.</text> </level> </section> <section article="ged" article_name="Education" number="13-312" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <text>This subtitle, being necessary for the health and welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.</text> </section> <section article="ged" article_name="Education" number="13-313" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="3" subtitle_name="University of Maryland Medical System"> <text>The provisions of this subtitle are severable, and if any of its provisions are held unconstitutional by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions.</text> </section> <section article="ged" article_name="Education" number="13-401" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="4" subtitle_name="Montebello Center"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Medical System Corporation” means the University of Maryland Medical System Corporation or, at the Medical System Corporation’s option, a subsidiary or affiliate of the Medical System Corporation.</text> </level> <level label="c"> <text>“Montebello” means the Montebello Center.</text> </level> <level label="d"> <text>“Montebello assets” means all assets allocated to Montebello as shown on the financial statements of Montebello at the transfer date and as more particularly or additionally identified or supplemented by the Medical System Corporation and approved by the Board of Public Works and transferred to the Medical System Corporation and includes:</text> <level label="1"> <text>All land, buildings, and other real property at the Montebello site owned by the State, with the exception of the Maryland Rehabilitation Center;</text> </level> <level label="2"> <text>All accounts receivable for patient care services rendered by Montebello regardless of when the patient care services were rendered; and</text> </level> <level label="3"> <text>All personal property at the Montebello site owned by the State except for personal property owned by the Department of Education or the University of Maryland, Baltimore Campus.</text> </level> </level> <level label="e"> <level label="1"> <text>“Montebello liabilities” means only liabilities arising from agreements or contracts entered into before the transfer date in the ordinary course of business by the Medical System Corporation on behalf of Montebello under the Medical System Corporation’s management of Montebello and which are allocated to Montebello as shown on the financial statements of Montebello at the transfer date.</text> </level> <level label="2"> <text>“Montebello liabilities” includes liabilities whenever asserted, incurred, or arising in connection with Montebello before the transfer date to the extent they are covered by professional liability or general liability insurance obtained by the Medical System Corporation before the transfer date.</text> </level> <level label="3"> <text>“Montebello liabilities” does not include any liabilities whenever asserted, incurred, or arising in connection with Montebello University employees or their employment by the University System of Maryland prior to the transfer date.</text> </level> </level> <level label="f"> <text>“Montebello site” means the real property owned by the State, a campus located in Baltimore City, on which Montebello and other State-owned facilities are located.</text> </level> <level label="g"> <text>“Montebello University employees” means those employees of the University System of Maryland who work at Montebello and who are paid by the Medical System Corporation.</text> </level> <level label="h"> <text>“Transfer date” means any date determined by the Board of Public Works and filed with the Secretary of State and the Department of Legislative Services.</text> </level> </section> <section article="ged" article_name="Education" number="13-402" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="4" subtitle_name="Montebello Center"> <level label="a"> <text>The Maryland Department of Health shall negotiate with the Medical System Corporation the transfer to the Medical System Corporation of the Montebello assets as a grant without consideration.</text> </level> <level label="b"> <text>If the Board of Directors of the Medical System Corporation and the Board of Public Works, in their discretion, approve the transfer, on the transfer date the Board of Public Works, Maryland Department of Health, and any other required State department, agency, or body shall take all legal action necessary to transfer, as a grant without consideration, the Montebello assets to the Medical System Corporation.</text> </level> <level label="c"> <text>If the Board of Directors of the Medical System Corporation and the Board of Public Works, in their discretion, determine that the ownership of Montebello assets cannot be legally transferred on the transfer date, ownership shall be transferred as soon as practicable after it is legal to do so. In any event, provisions shall be made, by lease or other arrangement, for the Medical System Corporation to have control and use of all Montebello assets on and after the transfer date.</text> </level> <level label="d"> <text>For so long as rehabilitation or chronic care services are provided and payment or reimbursement for uncompensated care covers the cost of providing such services to the historic Montebello service population, the Medical System Corporation may not cease providing such services to that population.</text> </level> <level label="e"> <text>The approval of the transfer by the Board of Public Works shall constitute a conclusive determination that the transfer is in compliance with this subtitle.</text> </level> <level label="f"> <text>The Maryland Department of Health shall issue a special hospital–chronic license and a special rehabilitation hospital license to the Medical System Corporation for Montebello on the transfer date. Each license shall be for the same number of beds as licensed to Montebello immediately before the transfer date, less 102 beds licensed in the special–chronic licensing category which shall remain licensed to the Maryland Department of Health. The licenses issued to the Medical System Corporation shall remain effective until the expiration of the most recent accreditation by the applicable accreditation commission, provided the facility continues to be operated in accordance with the requirements of §§ 19–319(d), (e), (f), and (g) and 19–327 of the Health – General Article. Notwithstanding any other statutory provision or regulation to the contrary, the transfer of assets from Montebello to the Medical System Corporation and the issuance of licenses to the Medical System Corporation shall not require a certificate of need.</text> </level> <level label="g"> <level label="1"> <level label="i"> <text>The Medical System Corporation shall have all powers of a Maryland corporation not expressly limited by this subtitle to convey, lease, mortgage, encumber, and otherwise control the Montebello assets.</text> </level> <level label="ii"> <text>However, and without in any way limiting the power to mortgage or otherwise encumber the property, before the Medical System Corporation may sell any land, buildings, or other real property transferred on the transfer date for any use other than operation as a rehabilitation facility, a chronic care facility, or both, it shall first offer the land, buildings, and other real property to the State as a grant without consideration.</text> </level> </level> <level label="2"> <text>This subsection may not be interpreted as limiting the ability of a lender:</text> <level label="i"> <text>To foreclose or recover on any lien on any Montebello assets; or</text> </level> <level label="ii"> <text>To sell or otherwise transfer the Montebello assets subject to the lien.</text> </level> </level> </level> </section> <section article="ged" article_name="Education" number="13-403" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="4" subtitle_name="Montebello Center"> <level label="a"> <level label="1"> <text>On the transfer date, the Medical System Corporation shall take all legal action necessary to assume the Montebello liabilities, but only to the extent expressly provided in this subtitle.</text> </level> <level label="2"> <text>The Medical System Corporation is not liable for any other debts, obligations, or liabilities of the State, the Maryland Department of Health, or the University incurred or arising in connection with Montebello prior to the transfer date.</text> </level> <level label="3"> <text>This assumption of liabilities shall be an assumption of the liabilities as they exist on the transfer date.</text> </level> <level label="4"> <text>This subsection shall be construed and applied to give effect to all provisions of law and defenses applicable to the liabilities prior to the transfer date.</text> </level> </level> <level label="b"> <text>On the transfer date, the Medical System Corporation shall assume responsibility for those claims arising from the employment of Montebello University employees which relate to or arise from events occurring after the transfer date.</text> </level> <level label="c"> <text>Nothing contained in this subtitle shall be deemed or construed to waive or abrogate in any way the sovereign immunity of the State or to deprive the State or any officer or employee thereof of sovereign immunity.</text> </level> </section> <section article="ged" article_name="Education" number="13-404" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="4" subtitle_name="Montebello Center"> <level label="a"> <text>This section shall be effective only if the transfer, lease, or other transfer arrangement authorized by this subtitle occurs.</text> </level> <level label="b"> <text>On January 1, 1993, all Montebello University employees shall become employees of the Medical System Corporation.</text> </level> <level label="c"> <text>A Montebello University employee may, at his or her option, become an employee of the Medical System Corporation before January 1, 1993.</text> </level> <level label="d"> <level label="1"> <text>On or before January 1, 1993, any Montebello University employee who wishes to transfer to a classified service position of the State shall be treated for purposes of the transfer as if the transfer were in accordance with former Article 64A, § 31 of the Code.</text> </level> <level label="2"> <text>This section may not be construed to confer bumping rights to these employees.</text> </level> </level> <level label="e"> <text>The Medical System Corporation shall permit continuation of State employee organizations to represent former Montebello University employees and to collect dues.</text> </level> <level label="f"> <text>The value of any unused annual leave accrued by the Montebello University employees shall be computed as of the transfer date, and the State shall pay the Medical System Corporation the value of that leave. Upon the request of an employee, the Medical System Corporation shall pay each Montebello University employee the value of such leave, permit each Montebello University employee to take such leave, or permit a combination of pay for such leave and use of such leave. In no event may a Montebello University employee, whether transferring to a University System of Maryland position outside of Montebello, a State position, or a Medical System Corporation position or leaving for a position elsewhere, not receive time off, credit for future time off, or pay for such unused annual leave accrued as of the transfer date and still unused and unpaid as of the date of transfer to another University System of Maryland position or to a State position or as of the date of departure from Montebello. If a Montebello University employee transfers to a University System of Maryland position outside of Montebello or to a State position before being paid for or using annual leave accrued as of the transfer date, the Medical System Corporation shall transfer funds to the University System of Maryland or to the State, as appropriate, equal to unpaid accrued annual leave.</text> </level> <level label="g"> <text>The payment of any settlement or judgment against a State officer or employee incurred or arising in connection with Montebello prior to the transfer date which is not a Montebello liability shall be determined in accordance with § 12-404 of the State Government Article, and, if the Board of Public Works determines to make a payment to satisfy the settlement or judgment, the payment shall be made only from the State General Emergency Fund or the State Insurance Trust Fund.</text> </level> <level label="h"> <text>The Medical System Corporation shall designate legal counsel to represent Montebello University employees determined by the Attorney General to be entitled to legal representation in accordance with § 12-304 of the State Government Article, with respect to acts or omissions in the course of services related to Montebello on or after the transfer date. The Attorney General shall not be responsible for representing the individual for acts or omissions on or after the transfer date. The Medical System Corporation shall be responsible for paying any settlements and judgments approved by the Board of Public Works, in accordance with § 12-404 of the State Government Article, with respect to acts or omissions on or after the transfer date.</text> </level> <level label="i"> <text>If the Board of Public Works determines, as provided in the State Government Article, that any Montebello University employee shall be reimbursed for the cost of defending a criminal claim relating to actions on or after the transfer date in the course of services related to Montebello, the Medical System Corporation shall fund the reimbursement.</text> </level> </section> <section article="ged" article_name="Education" number="13-405" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="4" subtitle_name="Montebello Center"> <level label="a"> <level label="1"> <text>This section shall be effective only if the transfer or lease authorized by this subtitle occurs.</text> </level> <level label="2"> <text>This section shall be void if the Medical System Corporation no longer operates Montebello.</text> </level> </level> <level label="b"> <text>The Medical System Corporation shall cause annual audited financial statements for Montebello to be prepared and filed with the Governor and the Joint Audit and Evaluation Committee as soon as practicable following the close of each fiscal year.</text> </level> <level label="c"> <text>The Medical System Corporation shall submit with the annual audited financial statements for Montebello a report on the amount of uncompensated care provided at Montebello for the fiscal year.</text> </level> <level label="d"> <text>In recognition of the provision of uncompensated care by Montebello and to assist with the capital financial needs of Montebello specified as part of the transfer under § 13–402 of this subtitle, the State shall pay the Medical System Corporation:</text> <level label="1"> <text>In fiscal year 1993, $6,129,942;</text> </level> <level label="2"> <text>In fiscal year 1994, $5,500,000;</text> </level> <level label="3"> <text>In fiscal year 1995, $5,000,000;</text> </level> <level label="4"> <text>In fiscal year 1996, $5,000,000;</text> </level> <level label="5"> <text>In fiscal year 1997, $5,000,000; and</text> </level> <level label="6"> <text>In each fiscal year thereafter, an amount jointly agreed upon by the Maryland Department of Health and the Medical System Corporation and calculated to enable the Medical System Corporation to continue to provide uncompensated care by Montebello and to assist with the capital financial needs of Montebello specified as part of the transfer under § 13–402 of this subtitle.</text> </level> </level> <level label="e"> <text>If the Health Services Cost Review Commission sets rates for services rendered at Montebello, then the Governor shall include in the budget bill each year an appropriation to the Medical System Corporation equal to the difference between the pension costs for Montebello University employees and employees of the Medical System Corporation working at Montebello and participating in the State Retirement and Pension Systems and the pension costs permitted by the Health Services Cost Review Commission in the rates for Montebello.</text> </level> <level label="f"> <text>The Health Services Cost Review Commission may not set rates for the services rendered at Montebello until:</text> <level label="1"> <text>State law authorizes the State Medical Assistance Program to reimburse the Medical System Corporation at commission rates for services rendered at Montebello; and</text> </level> <level label="2"> <text>The United States Department of Health and Human Services agrees to accept commission rates as a method of providing federal financial participation in the State Medical Assistance Program.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-501" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Advisory Council” means the Advisory Council to the State Emergency Medical Services Board.</text> </level> <level label="c"> <text>“Board of Directors” means the Board of Directors of the Medical System Corporation.</text> </level> <level label="d"> <text>“Board of Regents” means the Board of Regents of the University System of Maryland.</text> </level> <level label="e"> <text>“Center” means the R Adams Cowley Shock Trauma Center.</text> </level> <level label="f"> <text>“EMS Board” means the State Emergency Medical Services Board.</text> </level> <level label="g"> <text>“Institute” means the Maryland Institute for Emergency Medical Services Systems.</text> </level> <level label="h"> <text>“Medical System Corporation” means the University of Maryland Medical System Corporation.</text> </level> <level label="i"> <text>“Study Center” means the Charles McC. Mathias, Jr. National Study Center for Trauma and Emergency Medical Systems.</text> </level> <level label="j"> <text>“University” means the University of Maryland, Baltimore Campus.</text> </level> </section> <section article="ged" article_name="Education" number="13-502" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <text>It is hereby found and determined that:</text> <level label="1"> <text>The State of Maryland has been a national pioneer in the development of emergency medical services;</text> </level> <level label="2"> <text>The Emergency Medical System has served the citizens of Maryland well for the past two decades by reducing morbidity and mortality for thousands of seriously ill patients;</text> </level> <level label="3"> <text>The success of Maryland’s Emergency Medical System is due largely to the hard work and dedication of many individuals, particularly the thousands of career and volunteer firefighters, emergency medical technicians, and rescue squad personnel;</text> </level> <level label="4"> <text>The citizens of Maryland are fortunate to have highly trained career and volunteer firefighters, emergency medical technicians, and rescue squad personnel providing life-sustaining services in the field to ill and injured persons;</text> </level> <level label="5"> <text>The numbers of volunteer firefighters, emergency medical technicians, and rescue squad personnel have been declining but are an essential and integral part of the State’s Emergency Medical System and it is important that their role is preserved;</text> </level> <level label="6"> <text>The Emergency Medical System is a large and complex entity involving numerous public and private interests and requiring close coordination to operate efficiently and in the best interests of all Marylanders;</text> </level> <level label="7"> <text>The R Adams Cowley Shock Trauma Center is the core element of the State’s Emergency Medical System and shall continue to serve as the State’s primary adult trauma clinical resource center;</text> </level> <level label="8"> <text>The Emergency Medical System could be further enhanced by establishing a governing body that is accountable for and vested with the responsibility and authority to ensure the effective and efficient operation of the System; and</text> </level> <level label="9"> <text>The Emergency Medical Services Field Operations of the Institute and the R Adams Cowley Shock Trauma Center shall remain an integral part of the overall Emergency Medical Services System.</text> </level> </section> <section article="ged" article_name="Education" number="13-503" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>There is a Maryland Institute for Emergency Medical Services Systems.</text> </level> <level label="b"> <text>The Institute is an independent agency located at the University of Maryland, Baltimore Campus.</text> </level> <level label="c"> <text>The Institute shall be governed by the State Emergency Medical Services Board.</text> </level> <level label="d"> <text>Funding for the Institute shall be from:</text> <level label="1"> <text>The surcharge imposed under § 13-954 of the Transportation Article;</text> </level> <level label="2"> <text>General funds; and</text> </level> <level label="3"> <text>Funds from any other source.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-504" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>In accordance with this subtitle, the Institute shall be the State administrative agency responsible for the coordination of all emergency medical services.</text> </level> <level label="b"> <text>The Institute includes the Emergency Medical Services Field Operations.</text> </level> <level label="c"> <text>The Institute shall have the staff and funds as provided in the State budget.</text> </level> </section> <section article="ged" article_name="Education" number="13-505" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <level label="1"> <text>The EMS Board consists of 11 members appointed by the Governor.</text> </level> <level label="2"> <text>Of the 11 members:</text> <level label="i"> <text>One shall be the Secretary of Health or the Secretary’s designee;</text> </level> <level label="ii"> <text>One shall be a representative of the University of Maryland, Baltimore Campus, nominated by the Board of Regents;</text> </level> <level label="iii"> <text>One shall be the chairperson of the Advisory Council;</text> </level> <level label="iv"> <text>One shall be a physician knowledgeable in the delivery of emergency medical services;</text> </level> <level label="v"> <text>One shall be a physician experienced in the clinical care of trauma patients;</text> </level> <level label="vi"> <text>One shall be a nurse experienced in the clinical care of emergency patients;</text> </level> <level label="vii"> <text>One shall be a career firefighter, emergency medical technician, or rescue squad person knowledgeable in the delivery of emergency medical services;</text> </level> <level label="viii"> <text>One shall be a volunteer firefighter, emergency medical technician, or rescue squad person knowledgeable in the delivery of emergency medical services;</text> </level> <level label="ix"> <text>One shall be a hospital administrator knowledgeable in the management and delivery of emergency medical services; and</text> </level> <level label="x"> <text>Two shall be from the public at large, one of whom shall reside in a county with a population of less than 175,000.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Each appointed member shall have demonstrated interest or experience in the delivery of emergency medical services.</text> </level> <level label="2"> <text>In appointing members to the EMS Board, the Governor shall take into consideration the five emergency medical service regions of the State to assure a geographic balance in the Board’s membership.</text> </level> <level label="3"> <text>In appointing members to the EMS Board, the Governor shall take into consideration persons:</text> <level label="i"> <text>Recommended by the Advisory Council; or</text> </level> <level label="ii"> <text>Recommended by any statewide organization or association which is interested and involved in the delivery of emergency medical services.</text> </level> </level> <level label="4"> <text>The Governor may not appoint to the EMS Board more than two persons in total from:</text> <level label="i"> <text>The same health system;</text> </level> <level label="ii"> <text>A health system and medical school that are affiliated; or</text> </level> <level label="iii"> <text>Medical schools under the same governing board.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The term of an appointed member is 4 years.</text> </level> <level label="2"> <text>At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="3"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> </level> <level label="d"> <text>Annually, from among the members of the EMS Board:</text> <level label="1"> <text>The Governor shall appoint a chairperson; and</text> </level> <level label="2"> <text>The chairperson shall appoint a vice chairperson.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-506" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>With the approval of the Governor, the EMS Board shall appoint an Executive Director.</text> </level> <level label="b"> <text>The Executive Director serves at the pleasure of the EMS Board. The Executive Director is entitled to the salary provided in the State budget.</text> </level> <level label="c"> <text>Under the direction of the EMS Board, the Executive Director shall:</text> <level label="1"> <text>Be the administrative head of the EMS Board;</text> </level> <level label="2"> <text>Be the administrative head of the Institute; and</text> </level> <level label="3"> <text>Perform any other duty or function that the EMS Board requires.</text> </level> </level> <level label="d"> <text>Any foundation created by the EMS Board shall be subject to audit by the Office of Legislative Audits.</text> </level> </section> <section article="ged" article_name="Education" number="13-507" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <level label="1"> <text>A majority of the full authorized membership of the EMS Board is a quorum for the transaction of any business.</text> </level> <level label="2"> <text>The EMS Board may adopt any rules or procedures necessary to ensure the orderly conduct of business.</text> </level> </level> <level label="b"> <text>No formal action may be taken by the EMS Board without the approval of a majority of the full authorized membership of the EMS Board.</text> </level> <level label="c"> <text>The EMS Board shall meet at least six times a year, at the times and places that it determines.</text> </level> <level label="d"> <text>Each member of the EMS Board is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.</text> </level> </section> <section article="ged" article_name="Education" number="13-508" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <level label="1"> <text>In addition to the powers set forth elsewhere in this subtitle, the EMS Board may:</text> <level label="i"> <text>Subject to the limitations set forth in § 13-509 of this subtitle, adopt regulations to carry out the provisions of this subtitle;</text> </level> <level label="ii"> <text>Create committees from among its members;</text> </level> <level label="iii"> <text>Appoint advisory committees, which may include individuals and representatives of interested public or private organizations;</text> </level> <level label="iv"> <text>Apply for and accept any funds, property, or services from any person or government agency;</text> </level> <level label="v"> <text>Make agreements with a grantor or payor of funds, property, or services, including an agreement to make any study, plan, demonstration, or project;</text> </level> <level label="vi"> <text>Except for confidential medical information, publish and give out any information that relates to the delivery of emergency medical services and is considered desirable in the public interest;</text> </level> <level label="vii"> <text>Hold public hearings; and</text> </level> <level label="viii"> <text>Set and charge reasonable fees to be paid by the applicants for the designation of trauma and specialty referral centers.</text> </level> </level> <level label="2"> <level label="i"> <text>The fees charged under paragraph (1)(viii) of this subsection shall be set in a manner that will produce funds sufficient to cover the actual documented direct costs of maintaining the designation program.</text> </level> <level label="ii"> <level label="1"> <text>The EMS Board shall pay all fees collected under this subsection into the EMS Trauma and Specialty Referral Centers Designation Fund.</text> </level> <level label="2"> <text>The Fund shall be used exclusively to cover the actual documented direct costs of designating EMS trauma and specialty referral centers.</text> </level> <level label="3"> <text>The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.</text> </level> </level> </level> </level> <level label="b"> <text>In addition to the duties set forth elsewhere in this subtitle, the EMS Board shall:</text> <level label="1"> <text>Adopt regulations that relate to its meetings, minutes, and transactions;</text> </level> <level label="2"> <text>Beginning with fiscal year 1996:</text> <level label="i"> <text>Prepare annually a budget proposal that includes the estimated income of the Institute and proposed expenses for its administration and operation; and</text> </level> <level label="ii"> <text>Review and approve that portion of the proposed budgets derived from the Maryland Emergency Medical System Operations Fund for the:</text> <level label="1"> <text>Maryland Institute for Emergency Medical Services Systems;</text> </level> <level label="2"> <text>R Adams Cowley Shock Trauma Center;</text> </level> <level label="3"> <text>Maryland Fire and Rescue Institute; and</text> </level> <level label="4"> <text>Aviation Division of the Special Operations Bureau, Department of State Police;</text> </level> </level> </level> <level label="3"> <text>Periodically participate in or do analyses and studies that relate to emergency medical services;</text> </level> <level label="4"> <text>On or before October 1 of each year, submit to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly an annual report on the operations and activities of the EMS Board and the Institute during the preceding fiscal year, including:</text> <level label="i"> <text>A report on the patients referred or transported to designated emergency medical facilities, including areawide trauma centers, the R Adams Cowley Shock Trauma Center, and specialty referral centers, in accordance with the emergency medical protocols adopted by the EMS Board; and</text> </level> <level label="ii"> <text>Any fact, suggestion, or policy recommendation that the EMS Board considers necessary; and</text> </level> </level> <level label="5"> <text>Work with the Charles McC. Mathias, Jr. National Study Center for Trauma and Emergency Medical Systems to coordinate a plan for research and other academic activities related to emergency medical services issues.</text> </level> </level> <level label="c"> <text>The provisions of subsection (b)(2) of this section may not be construed to affect the Governor’s powers with respect to a request for an appropriation in the budget bill.</text> </level> </section> <section article="ged" article_name="Education" number="13-509" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>In addition to the duties set forth elsewhere in this subtitle, the EMS Board shall develop and adopt an Emergency Medical System plan to ensure effective coordination and evaluation of emergency medical services delivered in this State.</text> </level> <level label="b"> <level label="1"> <text>The Emergency Medical System plan shall include:</text> <level label="i"> <text>Criteria for the designation of trauma and specialty referral facilities, including all echelons of care;</text> </level> <level label="ii"> <text>Criteria and guidelines for the delivery of emergency medical services including provisions to assure proper medical direction of emergency medical services;</text> </level> <level label="iii"> <text>A plan designed to maintain and enhance the communications and transportation systems for emergency medical services;</text> </level> <level label="iv"> <text>Provisions for the evaluation of emergency medical services personnel training programs;</text> </level> <level label="v"> <text>Provisions for the establishment of public information and education programs designed to enhance the public’s understanding of the Emergency Medical System;</text> </level> <level label="vi"> <text>Criteria and methodologies to evaluate the System’s effectiveness in delivering quality emergency medical services needed by the citizens of Maryland; and</text> </level> <level label="vii"> <text>Provisions for the evaluation and monitoring of the Emergency Medical System plan to ensure compliance with this subtitle by all segments of the Emergency Medical System.</text> </level> </level> <level label="2"> <text>The EMS Board shall adopt regulations to implement the Emergency Medical System plan required under this section, subject to paragraph (3) of this subsection.</text> </level> <level label="3"> <text>Prior to adopting regulations under this section, the EMS Board shall consult with and provide opportunity for comment from local jurisdictions, volunteer and career fire companies, emergency medical technicians, rescue squad personnel, and hospitals and consider:</text> <level label="i"> <text>The fiscal impact of the proposed regulations on local jurisdictions, volunteer and career fire companies, emergency medical technicians, rescue squad personnel, and hospitals; and</text> </level> <level label="ii"> <text>The effect of the proposed regulations on the ability of local jurisdictions, volunteer and career fire companies, emergency medical technicians, rescue squad personnel, and hospitals to continue to deliver emergency medical services.</text> </level> </level> </level> <level label="c"> <text>The EMS Board shall consult with the Advisory Council in the development of the Emergency Medical System plan.</text> </level> <level label="d"> <text>The EMS Board may adopt regulations that assure that helicopters transporting patients between hospitals or to or from specialty centers notify the System’s communication center in the State Emergency Medical Communications System.</text> </level> <level label="e"> <text>Each State agency and department shall cooperate with the EMS Board in implementing the State Emergency Medical System plan.</text> </level> </section> <section article="ged" article_name="Education" number="13-510" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <text>In accordance with the Emergency Medical System plan and other relevant policies adopted by the EMS Board, the Executive Director shall:</text> <level label="1"> <text>Coordinate a statewide system of emergency medical services;</text> </level> <level label="2"> <text>Coordinate the five emergency medical service regions in this State;</text> </level> <level label="3"> <text>Coordinate the planning and operation of emergency medical services with the federal, State, and county governments;</text> </level> <level label="4"> <text>Coordinate the training of all personnel in the Emergency Medical Services System and develop the necessary standards for their certification or licensure;</text> </level> <level label="5"> <text>Coordinate programs of research and education that relate to emergency medical services;</text> </level> <level label="6"> <text>Coordinate the development of centers for treating emergency injuries and illnesses;</text> </level> <level label="7"> <text>Coordinate the development of specialty referral centers for resuscitation, treatment, and rehabilitation of the critically ill and injured;</text> </level> <level label="8"> <text>Coordinate, with Jurisdictional Emergency Medical Services Operating Programs, the minimum equipment, supplies, and medications, including equipment, supplies, and medications needed for early childhood care, including neonatal care, to be available on emergency medical services vehicles;</text> </level> <level label="9"> <text>Work closely with the public and private agencies, health care institutions and universities involved with emergency medical services, the Emergency Medical Services Advisory Council, and the Medical Management Consultant Group;</text> </level> <level label="10"> <text>Administer State and federal funds for emergency medical services in this State;</text> </level> <level label="11"> <text>Work closely with the Maryland Fire and Rescue Institute, which is responsible for basic training for emergency medical technicians;</text> </level> <level label="12"> <text>Assure continued improvement of transportation for emergency, critically ill, and injured patients by supporting the goals of career and volunteer systems throughout this State; and</text> </level> <level label="13"> <text>Implement all programmatic, operational, and administrative components of the Institute.</text> </level> </section> <section article="ged" article_name="Education" number="13-511" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>There is a statewide Emergency Medical Services Advisory Council to advise and assist the EMS Board in performing its functions.</text> </level> <level label="b"> <level label="1"> <text>The Advisory Council consists of 31 members. The members shall be appointed by the Board from a list of three qualified nominees submitted to the Board by their respective organizations or associations represented on the Council. The appointments by the Board shall be subject to the approval of the Governor.</text> </level> <level label="2"> <text>Of the 31 members:</text> <level label="i"> <text>One shall be a representative of the Maryland Chapter of the American College of Emergency Physicians;</text> </level> <level label="ii"> <text>One shall be a representative of MedChi, The Maryland State Medical Society;</text> </level> <level label="iii"> <text>One shall be a representative of the Maryland Hospital Association;</text> </level> <level label="iv"> <text>One shall be a representative of the Maryland State Council of the Emergency Nurses Association;</text> </level> <level label="v"> <text>One shall be a representative of the Maryland Fire and Rescue Institute;</text> </level> <level label="vi"> <text>One shall be a representative of the Maryland State Firefighters Association;</text> </level> <level label="vii"> <text>One shall be a representative of the Aviation Division of the Department of State Police;</text> </level> <level label="viii"> <text>One shall be a representative of the Office of Traffic and Safety of the Maryland Department of Transportation;</text> </level> <level label="ix"> <text>One shall be a representative from each of the five regional emergency medical services advisory councils;</text> </level> <level label="x"> <text>One shall be a representative of the Maryland Trauma Center Network;</text> </level> <level label="xi"> <text>One shall be a representative of a Maryland commercial ambulance service;</text> </level> <level label="xii"> <text>One shall be a representative of the Board of Physicians;</text> </level> <level label="xiii"> <text>One shall be a representative of the Maryland Chapter, American College of Surgeons;</text> </level> <level label="xiv"> <text>One shall be a regional medical director;</text> </level> <level label="xv"> <text>One shall be a representative of the Maryland Chapter (Chesapeake Bay), American Association of Critical Care Nurses;</text> </level> <level label="xvi"> <text>One shall be a representative of the Professional Fire Fighters of Maryland;</text> </level> <level label="xvii"> <text>One shall be a representative of the volunteer field providers;</text> </level> <level label="xviii"> <text>One shall be a representative of the Maryland Metropolitan Fire Chiefs;</text> </level> <level label="xix"> <text>One shall be a representative of the Emergency Number Systems Board;</text> </level> <level label="xx"> <text>One shall be the Director of the R Adams Cowley Shock Trauma Center;</text> </level> <level label="xxi"> <text>One shall be the Director of the National Study Center;</text> </level> <level label="xxii"> <text>Three shall be members of the general public, one of whom shall reside in a county with a population of less than 175,000;</text> </level> <level label="xxiii"> <text>One shall be a representative of the Committee on Pediatric Emergency Medicine of the American Academy of Pediatrics, Maryland Chapter;</text> </level> <level label="xxiv"> <text>One shall be a representative of the Maryland Society of Anesthesiologists; and</text> </level> <level label="xxv"> <text>One shall be a helicopter pilot.</text> </level> </level> </level> <level label="c"> <text>Each appointed member of the Council shall have demonstrated interest or experience in the delivery of emergency medical services.</text> </level> <level label="d"> <text>The members of the Advisory Council shall annually elect the chairperson of the Advisory Council, with the approval of the Governor. The Governor shall have 60 days to approve the elected chairperson. If the Governor has not acted within 60 days of being notified of the election of the chairperson, the elected chairperson shall be deemed approved.</text> </level> <level label="e"> <text>The Advisory Council shall:</text> <level label="1"> <text>Serve as a principal advisory body to the EMS Board on matters concerning finances, policies, guidelines, regulations, and procedures necessary for the efficient and effective operation of the statewide Emergency Medical Services System and the Institute;</text> </level> <level label="2"> <text>Provide a means by which regional emergency medical services interests can be represented at a statewide level;</text> </level> <level label="3"> <text>Assist in the development of goals for and facilitate the implementation of a comprehensive emergency medical services plan;</text> </level> <level label="4"> <text>Provide assistance in the resolution of interregional and interstate emergency medical services system problems and concerns; and</text> </level> <level label="5"> <text>Perform any other duties as may be requested by the EMS Board or the Governor.</text> </level> </level> <level label="f"> <text>The staff for the Advisory Council will be provided by the Institute.</text> </level> </section> <section article="ged" article_name="Education" number="13-512" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>The power of the Board of Regents over plans, proposals, and projects of units in the University does not include the power to disapprove or modify any decision or determination that the EMS Board makes under authority specifically delegated by law to the EMS Board.</text> </level> <level label="b"> <text>The power of the Board of Regents to transfer by rule, regulation, or written directive, any staff, functions, or funds of units in the University does not apply to any staff, function, or funds of the EMS Board.</text> </level> </section> <section article="ged" article_name="Education" number="13-513" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>The Study Center’s primary mission is research, with particular emphasis on establishing national policies related to prevention, treatment, acute care and rehabilitation, trauma and emergency medical care delivery systems, disaster epidemiology and management, injury surveillance, and data collection. It shall serve as the primary research center for the State Emergency Medical Services System.</text> </level> <level label="b"> <text>The Director of the Study Center shall work closely with the MIEMSS Director in the development of a research plan and the budget.</text> </level> <level label="c"> <text>The Director of the Study Center shall submit the budget and research plan to the EMS Board for review and comment.</text> </level> <level label="d"> <text>The Director of the Study Center shall advise and provide the opportunity for the EMS Board to comment prior to the adoption of any proposed change in the budget, mission, research plan, or other policies of the Study Center that would affect the ability of the Study Center to continue to fulfill its mission as the primary research center for the State Emergency Medical Services System.</text> </level> <level label="e"> <text>The Director of the Study Center shall submit to the EMS Board an annual report on the budget and research plan.</text> </level> <level label="f"> <text>Subject to the approval of the Governor, the President of the University of Maryland, Baltimore Campus shall appoint the Director of the Study Center. The Governor shall have 60 days to approve the appointment. If the Governor has not acted within 60 days of being notified of the appointed director, the appointed director shall be deemed approved.</text> </level> <level label="g"> <text>The University of Maryland, Baltimore Campus shall receive indirect cost recoveries as stipulated in grants received by the National Study Center.</text> </level> <level label="h"> <text>The University System of Maryland may not transfer funds for the Study Center to any other program or purpose.</text> </level> </section> <section article="ged" article_name="Education" number="13-514" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <text>The R Adams Cowley Shock Trauma Center is the primary adult clinical resource center for the State Emergency Medical Services Systems.</text> </level> <level label="b"> <text>The chief administrative officer of the Center is the Director who:</text> <level label="1"> <text>Shall be appointed by the Board of Directors of the Medical System Corporation, subject to the approval of the Governor or the passage of 60 days from the date of the appointment, whichever occurs first; and</text> </level> <level label="2"> <text>May not hold concurrently the position of Executive Director of the Institute.</text> </level> </level> <level label="c"> <text>The Director of the Center shall:</text> <level label="1"> <text>Report through the Medical System Corporation Chief Executive Officer to the Board of Directors;</text> </level> <level label="2"> <text>Provide a monthly report to the Board of Directors and the EMS Board on the overall progress of programs;</text> </level> <level label="3"> <text>Render reports to appropriate committees of the Board of Directors; and</text> </level> <level label="4"> <text>Develop the budget and, after approval of the Medical System Corporation Chief Executive Officer, present the budget to the EMS Board for review and comment and through the appropriate committees of the Board of Directors for approval by the Board of Directors.</text> </level> </level> <level label="d"> <text>The Director of the Center shall:</text> <level label="1"> <text>Advise and provide the opportunity for the EMS Board to comment prior to the adoption of any proposed change in the budget, services, mission, or other policies of the Center that would affect the ability of the Center to continue to fulfill its mission as the statewide primary adult clinical resource for emergency medical services; and</text> </level> <level label="2"> <text>Submit to the EMS Board an annual report on the budget and on the operations of the Center.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-515" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <level label="i"> <text>“Ambulance” means any conveyance designed and constructed or modified and equipped to be used, maintained, or operated to transport individuals who are sick, injured, wounded, or otherwise incapacitated.</text> </level> <level label="ii"> <text>“Ambulance” includes a conveyance designed and constructed or modified and equipped for aeromedical transport.</text> </level> </level> <level label="3"> <level label="i"> <text>“Ambulance service” means any individual, firm, partnership, corporation, association, or organization engaged in the business of transporting by ambulance individuals who are sick, injured, wounded, or otherwise incapacitated.</text> </level> <level label="ii"> <text>“Ambulance service” does not include the transporting of individuals in an ambulance owned, operated, or under the jurisdiction of a unit of State government, a political subdivision of the State, or a volunteer fire company or volunteer rescue squad.</text> </level> </level> <level label="4"> <text>“Fund” means the Commercial Ambulance Service Fund.</text> </level> <level label="5"> <text>“License” means a license issued by the Institute to operate an ambulance service in the State.</text> </level> </level> <level label="b"> <text>Unless issued a license under this section, an individual, firm, partnership, corporation, association, or organization may not operate an ambulance service in the State.</text> </level> <level label="c"> <level label="1"> <text>The EMS Board, in consultation with representatives of the ambulance service industry in Maryland, shall adopt regulations necessary to establish a periodic licensing system for ambulance services in the State.</text> </level> <level label="2"> <text>The regulations shall, at a minimum, require:</text> <level label="i"> <text>Each ambulance operated by the ambulance service to be equipped with adequate equipment and supplies to:</text> <level label="1"> <text>Care for the patients being transported; and</text> </level> <level label="2"> <text>Communicate with the dispatcher;</text> </level> </level> <level label="ii"> <level label="1"> <text>At least one individual, in addition to the driver, in attendance during transport who is certified or licensed under § 13–516 of this subtitle for the appropriate level for the care to be rendered; or</text> </level> <level label="2"> <text>Personnel equivalent or superior to the requirements of item 1 of this subparagraph as demonstrated to the Institute including:</text> </level> <level label="A"> <text>Licensed physicians;</text> </level> <level label="B"> <text>Licensed nurses; or</text> </level> <level label="C"> <text>Licensed respiratory therapists; and</text> </level> </level> <level label="iii"> <text>Each ambulance operated by the ambulance service be inspected:</text> <level label="1"> <text>For an ambulance intended for use on a roadway, once every 12 months by an inspection station licensed under § 23–103 of the Transportation Article and be issued an inspection certificate by the inspection station; or</text> </level> <level label="2"> <text>For any other type of ambulance, under all applicable State and federal inspection requirements for the type of ambulance.</text> </level> </level> </level> </level> <level label="d"> <text>To qualify for an ambulance service license, an applicant shall:</text> <level label="1"> <text>Pay the Institute an application fee established under this section;</text> </level> <level label="2"> <text>Maintain commercial general liability insurance for at least $1 million in coverage in an insurance policy issued by an insurer acceptable to the Maryland Insurance Commissioner to write such policies in the State;</text> </level> <level label="3"> <text>Provide the Institute a certificate of insurance that at a minimum:</text> <level label="i"> <text>Indicates that the insurance required under this subsection is in effect when the application is submitted; and</text> </level> <level label="ii"> <text>Lists the Institute as an additional party entitled to notification at least 10 days before any:</text> <level label="1"> <text>Nonrenewal or cancellation of a policy required by this subsection; or</text> </level> <level label="2"> <text>Substantive change is made in the coverage or level of insurance under a policy required by this subsection; and</text> </level> </level> </level> <level label="4"> <text>Meet the requirements of this section and all regulations under this section.</text> </level> </level> <level label="e"> <level label="1"> <text>There is a Commercial Ambulance Service Fund within the Institute.</text> </level> <level label="2"> <level label="i"> <text>The Institute shall set reasonable fees for the licensing and license renewal of ambulance services.</text> </level> <level label="ii"> <text>The fees charged by the Institute shall be set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of maintaining the licensing program under this section.</text> </level> <level label="iii"> <text>The total reasonable cost of maintaining the licensing program may not be more than the revenues generated by the fees for the licensing and license renewal for ambulance services.</text> </level> </level> <level label="3"> <level label="i"> <text>The Institute shall pay all funds collected under this section to the Comptroller of the State.</text> </level> <level label="ii"> <text>The Comptroller shall distribute the fees to the Fund.</text> </level> </level> <level label="4"> <text>The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Institute as provided by the provisions of this section.</text> </level> <level label="5"> <text>The Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="6"> <text>Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this section.</text> </level> <level label="7"> <level label="i"> <text>A designee of the Institute shall administer the Fund.</text> </level> <level label="ii"> <text>Money in the Fund may be expended only for any lawful purpose authorized under the provisions of this section.</text> </level> </level> <level label="8"> <text>The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.</text> </level> </level> <level label="f"> <text>The Institute may inspect the operating base, equipment, supplies, and company procedures necessary to ensure compliance with the requirements of this section and all regulations adopted by the Institute under this section.</text> </level> <level label="g"> <text>Subject to the hearing provisions of subsection (h) of this section, the Institute may deny an application for an ambulance service license or suspend or revoke a license if the applicant or licensee violates any provision of this section or any regulation adopted by the Institute under this section.</text> </level> <level label="h"> <text>Before the Institute takes any final action under subsection (g) of this section, the Institute shall give the person against whom the action is contemplated an opportunity for a hearing under the provisions of § 10–226 of the State Government Article.</text> </level> <level label="i"> <text>The Institute may waive the requirements of this section for any ambulance service:</text> <level label="1"> <text>Licensed in another state if the ambulance service provides adequate evidence that the ambulance service is licensed in the other state after meeting requirements that are at least as stringent as the licensing requirements of this State; or</text> </level> <level label="2"> <text>That transports patients into this State only on an occasional basis as determined by the Institute.</text> </level> </level> <level label="j"> <text>A person who violates any provision of this section or any regulation adopted by the Institute under this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.</text> </level> <level label="k"> <text>This section preempts the authority of a county or municipal corporation to regulate any ambulance service with a base of operation located outside the county or municipal corporation that is licensed under this section.</text> </level> </section> <section article="ged" article_name="Education" number="13-516" future_version_removed="true" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Cardiac rescue technician” (CRT) means an individual who has:</text> <level label="i"> <text>Completed a cardiac rescue technician course approved by the EMS Board;</text> </level> <level label="ii"> <text>Demonstrated competence in medical protocols within this State as determined by the EMS Board; and</text> </level> <level label="iii"> <text>Been examined by the EMS Board and licensed as a CRT by the EMS Board.</text> </level> </level> <level label="3"> <text>“Certificate” means a certificate issued by the EMS Board to provide emergency medical services in the State, except where the context requires otherwise.</text> </level> <level label="4"> <text>“Emergency medical dispatcher” (EMD) means an individual who has:</text> <level label="i"> <text>Completed an emergency medical dispatcher course approved by the EMS Board or its equivalent as determined by the EMS Board;</text> </level> <level label="ii"> <text>Demonstrated competence in medical protocols as determined by the EMS Board; and</text> </level> <level label="iii"> <text>Been examined by the EMS Board or has been recognized as an emergency medical dispatcher by an emergency medical dispatcher program approved by the EMS Board and licensed as an emergency medical dispatcher by the EMS Board.</text> </level> </level> <level label="5"> <text>“Emergency medical responder” means an individual who has:</text> <level label="i"> <text>Completed an emergency medical responder course approved by the EMS Board, or its equivalent as determined by the EMS Board;</text> </level> <level label="ii"> <text>Demonstrated competence in medical protocols as determined by the EMS Board;</text> </level> <level label="iii"> <text>Been examined by the EMS Board or by a basic life support education program approved by the EMS Board; and</text> </level> <level label="iv"> <text>Been certified as an emergency medical responder by the EMS Board.</text> </level> </level> <level label="6"> <text>“Emergency medical services” means:</text> <level label="i"> <text>Medical services provided prehospital to prevent imminent death or aggravation of illness or injury whether or not transport to a hospital or appropriate facility occurs;</text> </level> <level label="ii"> <text>Transport from the scene of a medical emergency to a hospital or appropriate facility whether or not medical services are provided;</text> </level> <level label="iii"> <text>Medical interfacility transport services to an appropriate facility; or</text> </level> <level label="iv"> <text>Medical interfacility critical care transport to an appropriate facility.</text> </level> </level> <level label="7"> <text>“Emergency medical services provider” means an individual licensed or certified by the EMS Board as:</text> <level label="i"> <text>A cardiac rescue technician;</text> </level> <level label="ii"> <text>An emergency medical dispatcher;</text> </level> <level label="iii"> <text>An emergency medical responder;</text> </level> <level label="iv"> <text>An emergency medical technician; or</text> </level> <level label="v"> <text>A paramedic.</text> </level> </level> <level label="8"> <text>“Emergency medical technician” (EMT) means an individual who has:</text> <level label="i"> <text>Completed an emergency medical technician course approved by the EMS Board;</text> </level> <level label="ii"> <text>Demonstrated competence in medical protocols as determined by the EMS Board; and</text> </level> <level label="iii"> <text>Been examined by the EMS Board or been examined and registered by the National Registry of Emergency Medical Technicians, Inc. as an emergency medical technician and certified as an EMT by the EMS Board.</text> </level> </level> <level label="9"> <text>“License” means a license issued by the EMS Board to provide emergency medical services in the State, unless the context requires otherwise.</text> </level> <level label="10"> <level label="i"> <text>“Medical direction” means the written or oral instruction by a licensed physician to perform specified medical procedures or administer specified medications or intravenous solutions.</text> </level> <level label="ii"> <text>“Medical direction” includes the activities of a licensed physician in the State serving as a medical director for an agency providing emergency medical services including quality assurance, planning, and education.</text> </level> </level> <level label="11"> <text>“National registry” means the nonproprietary, nongovernmental agency that provides standardized national testing and registration for emergency medical technicians based on national training standards.</text> </level> <level label="12"> <text>“Paramedic” means an individual who has:</text> <level label="i"> <text>Completed a paramedic course approved by the EMS Board;</text> </level> <level label="ii"> <text>Been examined and registered by the National Registry of Emergency Medical Technicians, Inc. as a paramedic;</text> </level> <level label="iii"> <text>Demonstrated competence in medical protocols within this State as determined by the EMS Board; and</text> </level> <level label="iv"> <text>Been licensed as a paramedic by the EMS Board.</text> </level> </level> <level label="13"> <text>“Provider review panel” means the 13–member panel appointed by the EMS Board in accordance with the provisions of subsection (e) of this section.</text> </level> <level label="14"> <text>“Public safety personnel” means:</text> <level label="i"> <text>Any career or volunteer member of a fire, rescue or EMS department, company, squad or auxiliary;</text> </level> <level label="ii"> <text>Any law enforcement officer; or</text> </level> <level label="iii"> <text>The State Fire Marshal or a sworn member of the State Fire Marshal’s office.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>Except as otherwise provided in this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual may not provide emergency medical services in the State unless issued a license or certificate by the EMS Board under this section.</text> </level> <level label="2"> <text>This section does not apply to:</text> <level label="i"> <text>An individual who:</text> <level label="1"> <text>Has completed an emergency medical services course or its equivalent as determined by the EMS Board;</text> </level> <level label="2"> <text>Is authorized to provide emergency medical services by any state adjoining this State;</text> </level> <level label="3"> <text>Is called on by a public safety agency providing emergency medical services to render emergency medical services in this State or to transport emergency patients from the adjoining state to a health care facility in this State;</text> </level> <level label="4"> <text>Is providing emergency medical services within the scope of the license or certificate issued to the individual by the other state; and</text> </level> <level label="5"> <text>Is not affiliated with an emergency medical service in this State or is not engaged in providing emergency medical services in this State on a regular basis;</text> </level> </level> <level label="ii"> <text>An individual who is enrolled in an emergency medical services provider training program that meets the standards set by the EMS Board in the course of that training;</text> </level> <level label="iii"> <text>An individual who is not engaged in providing emergency medical services on a regular basis who provides emergency medical services at the scene of a medical emergency in rare instances;</text> </level> <level label="iv"> <text>An individual who is a member of a volunteer fire or rescue company and solely engaged in driving the emergency vehicle;</text> </level> <level label="v"> <text>An individual who assists an emergency medical services provider but does not directly provide emergency medical services;</text> </level> <level label="vi"> <text>An individual who has American Red Cross first aid training or its equivalent and who provides services within the scope of that training, does not respond to emergency calls, and does not transport patients; or</text> </level> <level label="vii"> <text>A law enforcement officer who:</text> <level label="1"> <text>Has successfully completed a course:</text> </level> <level label="A"> <text>In first aid and CPR/AED approved by the American Red Cross, the National Safety Council, or another nationally recognized program;</text> </level> <level label="B"> <text>That meets the requirements of the National Emergency Medical Services Education Standards and Instructional Guidelines for Emergency Medical Responders published by the U.S. Department of Transportation; or</text> </level> <level label="C"> <text>Approved for law enforcement officers by the EMS Board;</text> </level> <level label="2"> <text>Provides services within the scope of that training; and</text> </level> <level label="3"> <text>Is not dispatched as an emergency medical services provider.</text> </level> </level> </level> <level label="3"> <text>This subsection does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under the Health Occupations Article.</text> </level> <level label="4"> <text>A person who violates any provision of this subsection 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.</text> </level> </level> <level label="b–1"> <level label="1"> <text>In calculating an individual’s years of experience in an occupation or profession, the EMS Board shall give credit to the individual for all relevant experience as an active service member.</text> </level> <level label="2"> <text>The EMS Board shall credit any training and education provided by the uniformed services and completed by an active service member toward any training or education requirements for licensure or certification if the training or education is determined by the EMS Board to be:</text> <level label="i"> <text>Substantially equivalent to the training or education required by the EMS Board; and</text> </level> <level label="ii"> <text>Not otherwise contrary to any other licensing requirement.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>To apply for a license or certificate, an individual shall:</text> <level label="i"> <text>Submit an application on the form that the EMS Board requires; and</text> </level> <level label="ii"> <text>Pay to the EMS Board any application fee set by the EMS Board under subsection (m) of this section.</text> </level> </level> <level label="2"> <text>The EMS Board may not:</text> <level label="i"> <text>Require as a condition for licensure or certification that an applicant:</text> <level label="1"> <text>Provide proof that the applicant is lawfully present in the United States, as allowed under 8 U.S.C. § 1621; or</text> </level> <level label="2"> <text>Have a Social Security number or Individual Taxpayer Identification Number; or</text> </level> </level> <level label="ii"> <text>Charge a licensing, certifying, testing, or retesting fee to any individual who is a member or employee of any governmental or volunteer fire, rescue, or emergency medical services company at the date of application.</text> </level> </level> <level label="3"> <text>The EMS Board shall provide for the term and renewal of licenses or certificates issued under this section.</text> </level> </level> <level label="d"> <level label="1"> <text>The EMS Board may adopt rules, regulations, protocols, orders, and standards to carry out the provisions of this section.</text> </level> <level label="2"> <text>Any regulations of the EMS Board relating to the practice of medicine shall be adopted jointly with the Board of Physicians.</text> </level> <level label="3"> <text>Any regulations of the EMS Board relating to the practice of nursing shall be adopted in collaboration with the Board of Nursing.</text> </level> </level> <level label="e"> <level label="1"> <level label="i"> <text>There is a provider review panel to the EMS Board.</text> </level> <level label="ii"> <text>The provider review panel shall be appointed by the EMS Board.</text> </level> </level> <level label="2"> <text>The provider review panel consists of 13 members, 11 voting members appointed by the EMS Board and two nonvoting members.</text> </level> <level label="3"> <text>Eight of the appointed members shall be licensed or certified emergency medical service providers who are actively providing emergency medical services at the time of their appointment. Three shall be members of a governmental fire, rescue, or emergency medical services company, three shall be members of a volunteer fire, rescue, or emergency medical services company, one shall be an employee of a commercial ambulance service, and one shall be an emergency medical dispatcher. In appointing the provider representatives of the provider review panel, the EMS Board shall give consideration to providing for reasonable representation from throughout the State.</text> </level> <level label="4"> <text>One of the appointed members shall be a physician appointed by the Board of Physicians.</text> </level> <level label="5"> <text>One of the appointed members shall be a medical director with emergency medical services experience.</text> </level> <level label="6"> <text>One of the appointed members shall be a representative of the Medical and Chirurgical Faculty of the State of Maryland who has emergency medical services experience.</text> </level> <level label="7"> <text>The Executive Director of the Institute and the State EMS Medical Director shall serve as nonvoting ex officio members.</text> </level> <level label="8"> <text>The panel shall elect a chairman from among its members.</text> </level> <level label="9"> <text>The EMS Board shall adopt regulations for the selection, appointment, and terms of the members of the panel, including providing for the staggering of terms.</text> </level> <level label="10"> <level label="i"> <text>The provider review panel shall review patient care and other allegations of misconduct against emergency medical services providers and provide recommendations to the EMS Board for further action as necessary.</text> </level> <level label="ii"> <text>The provider review panel shall perform any other duty or function that the EMS Board requires.</text> </level> </level> </level> <level label="f"> <level label="1"> <text>Subject to the rules, regulations, protocols, orders, and standards of the EMS Board and subject to medical direction, while providing emergency medical services:</text> <level label="i"> <text>A cardiac rescue technician, an emergency medical technician, or a paramedic may:</text> <level label="1"> <text>Perform specified medical procedures as authorized by the EMS Board;</text> </level> <level label="2"> <text>Administer specified medications or intravenous solutions;</text> </level> <level label="3"> <text>Offer an opioid overdose reversal drug approved by the federal Food and Drug Administration to an individual who received treatment for a nonfatal drug overdose or was evaluated by a crisis evaluation team; and</text> </level> <level label="4"> <text>Provide emergency medical transport;</text> </level> </level> <level label="ii"> <text>An emergency medical dispatcher may:</text> <level label="1"> <text>Perform medical interrogation in order to determine the type and level of response required at the scene of a medical emergency; and</text> </level> <level label="2"> <text>Provide prearrival instructions including instructions in cardiopulmonary resuscitation; and</text> </level> </level> <level label="iii"> <text>An emergency medical responder:</text> <level label="1"> <text>May perform specified medical procedures as defined by the EMS Board; and</text> </level> <level label="2"> <text>May not be the primary emergency medical services provider during emergency medical transport.</text> </level> </level> </level> <level label="2"> <text>Participation in emergency medical dispatch programs by jurisdictions is totally voluntary.</text> </level> </level> <level label="g"> <text>Subject to the rules, regulations, protocols, orders, and standards of the EMS Board, a paramedic may administer:</text> <level label="1"> <text>Influenza and hepatitis B immunizations and tuberculosis skin testing, in a nonemergency environment, to public safety or ambulance service personnel within the jurisdiction of the paramedic, if the services are:</text> <level label="i"> <text>Authorized by a written agreement between the provider’s jurisdictional EMS operational program medical director or ambulance service medical director and the county or city health department in whose jurisdiction the services are performed, which shall include provisions for documentation, referral and follow–up, and storage and inventory of medicine;</text> </level> <level label="ii"> <text>Under the direction of the jurisdictional EMS operational program medical director or ambulance service medical director; and</text> </level> <level label="iii"> <text>Approved by the Institute; and</text> </level> </level> <level label="2"> <text>Influenza and COVID–19 immunizations, if the immunizations are:</text> <level label="i"> <level label="1"> <text>Provided under the direction of the EMS operational program medical director, ambulance service medical director, or other qualified physician; and</text> </level> <level label="2"> <text>Authorized by the Institute;</text> </level> </level> <level label="ii"> <text>Part of a population health outreach effort conducted by the appropriate local health department or a hospital or health system in the State; and</text> </level> <level label="iii"> <text>Provided in accordance with a written agreement between the paramedic’s EMS operational program or ambulance service and the county or city health department in the jurisdiction in which the services are performed or a hospital or health system in the State, which includes provisions for:</text> <level label="1"> <text>The administration of a vaccine to an individual at least 18 years old;</text> </level> <level label="2"> <text>Storage and inventory of medication;</text> </level> <level label="3"> <text>Distribution of appropriate Vaccine Information Statements;</text> </level> <level label="4"> <text>Documentation of patient consent;</text> </level> <level label="5"> <text>Recognition of adverse effects;</text> </level> <level label="6"> <text>Referral and follow–up; and</text> </level> <level label="7"> <text>Appropriate documentation of vaccine administration, including within the ImmuNet system.</text> </level> </level> </level> </level> <level label="h"> <level label="1"> <text>Subject to the hearing provisions of subsection (i) of this section and as a result of any conduct of an emergency medical services provider or an applicant for a license or certificate under this section that is prohibited under the provisions of this section or any regulations adopted under this section, the EMS Board may:</text> <level label="i"> <text>Reprimand or place an emergency medical services provider on probation;</text> </level> <level label="ii"> <text>Suspend or revoke the license or certificate of an emergency medical services provider;</text> </level> <level label="iii"> <text>Deny a license or certificate to an applicant; or</text> </level> <level label="iv"> <text>Refuse to renew an applicant’s license or certificate.</text> </level> </level> <level label="2"> <text>On the application of an individual whose license or certificate has been suspended or revoked, the EMS Board may reinstate a suspended or revoked license or certificate.</text> </level> <level label="3"> <level label="i"> <text>Unless the EMS Board agrees to accept the surrender of a license or certificate, a holder of a license or certificate may not surrender the license or certificate.</text> </level> <level label="ii"> <text>A license or certificate may not lapse by operation of law while the holder of the license or certificate is under investigation or while charges are pending against the holder of the license or certificate.</text> </level> </level> <level label="4"> <text>The EMS Board may set conditions on its agreement with the holder of the license or certificate under investigation or against whom charges are pending to accept surrender of the license or certificate.</text> </level> </level> <level label="i"> <level label="1"> <text>The EMS Board may take action under subsection (h) of this section only after:</text> <level label="i"> <text>A review and recommendation by the provider review panel; and</text> </level> <level label="ii"> <text>The individual against whom the action is contemplated has had an opportunity for a hearing in accordance with the provisions of Title 10, Subtitle 2 of the State Government Article.</text> </level> </level> <level label="2"> <text>The EMS Board may not proceed with disciplinary cases concerning patient care except upon the affirmative recommendation of the provider review panel.</text> </level> <level label="3"> <text>The individual may be represented at the hearing by counsel.</text> </level> <level label="4"> <text>Any person aggrieved by a decision of the EMS Board may take any further appeal allowed under Title 10, Subtitle 2 of the State Government Article.</text> </level> </level> <level label="j"> <level label="1"> <text>The EMS Board shall refer to the Board of Nursing any complaint about an emergency medical services provider who, in addition to being licensed or certified by the EMS Board, is licensed as a registered nurse or licensed practical nurse by the Board of Nursing.</text> </level> <level label="2"> <text>The Board of Nursing may investigate and discipline a registered nurse or licensed practical nurse for a violation of this section and a violation of Title 8 of the Health Occupations Article.</text> </level> <level label="3"> <text>The Board of Nursing shall conduct any hearing required by this section in accordance with § 8–317 of the Health Occupations Article.</text> </level> <level label="4"> <text>The EMS Board shall comply with any recommendation or order issued by the Board of Nursing regarding the issuance of a license or certificate by the EMS Board to an individual who is licensed as a registered nurse or licensed practical nurse.</text> </level> </level> <level label="k"> <level label="1"> <text>The EMS Board may, over the signature of the chairman of the EMS Board, Executive Director of the Institute, chairman of the provider review panel, or State EMS Medical Director, issue subpoenas and administer oaths in connection with any investigation under this section and any hearings or proceedings before it.</text> </level> <level label="2"> <text>If, without lawful excuse, a person disobeys a subpoena of the EMS Board or an order by the EMS Board to take an oath or to testify or answer a question, a court of competent jurisdiction may punish the person for contempt.</text> </level> <level label="3"> <text>If, after due notice, the individual against whom an action is contemplated fails or refuses to appear, the EMS Board may hear and determine the matter.</text> </level> <level label="4"> <text>If the entry is necessary to carry out a duty under this section, any duly authorized agent or investigator of the EMS Board may enter at any reasonable hour a place of business of a licensed or certified emergency medical services provider or public premises.</text> </level> <level label="5"> <text>The EMS Board may issue a cease and desist order or obtain injunctive relief if a person provides emergency medical services without a license or certificate.</text> </level> </level> <level label="l"> <level label="1"> <text>A person who violates any provision of this subsection 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.</text> </level> <level label="2"> <text>Unless licensed or certified to provide emergency medical services under this section, a person may not represent to the public that the person is authorized to provide emergency medical services in this State.</text> </level> <level label="3"> <text>Unless licensed or certified to provide emergency medical services under this section, a person may not use the terms “cardiac rescue technician”, “CRT”, “emergency medical dispatcher”, “EMD”, “emergency medical responder”, “emergency medical technician”, “paramedic”, or any other words, letters, or symbols with the intent to represent that the person is authorized to provide emergency medical services.</text> </level> </level> <level label="m"> <level label="1"> <text>There is an EMS Board Provider Fund.</text> </level> <level label="2"> <text>Except as provided in paragraph (3) of this subsection, the EMS Board may set reasonable fees for the initial issuance of licenses or certificates and its other services.</text> </level> <level label="3"> <level label="i"> <text>The EMS Board may not charge an initial licensing fee, an initial certifying fee, a fee for the renewal of a license, a fee for the renewal of a certificate, a testing fee, or a retesting fee to an individual who is a member or employee of any governmental or volunteer fire or rescue company at the time of that individual’s application.</text> </level> <level label="ii"> <text>The EMS Board shall pay all fees collected under the provisions of this section to the Comptroller of the State.</text> </level> <level label="iii"> <text>The Comptroller of the State shall distribute the fees to the EMS Board Provider Fund.</text> </level> </level> <level label="4"> <text>The EMS Board Provider Fund shall be used exclusively to fund the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the EMS Board as provided by the provisions of this section.</text> </level> <level label="5"> <level label="i"> <text>The EMS Board Provider Fund is a continuing, nonlapsing fund and is not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="ii"> <text>Any unspent portion of the EMS Board Provider Fund may not be transferred or revert to the General Fund of the State but shall remain in the EMS Board Provider Fund to be used for the purposes specified in this section.</text> </level> </level> </level> <level label="n"> <level label="1"> <text>The EMS Board may delegate any portion of its authority under this section to the Executive Director of the Institute unless specifically precluded by statute.</text> </level> <level label="2"> <text>Notice of any delegation of authority made under this section shall be published in the Maryland Register.</text> </level> <level label="3"> <text>The EMS Board may not delegate its authority to promulgate and revise regulations, hear contested cases, or designate the provider review panel to the Executive Director of the Institute.</text> </level> <level label="4"> <text>The EMS Board may delegate to the Office of Administrative Hearings the authority to hear contested cases and issue recommendations.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-517" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“AED coordinator” means the individual designated by a registered entity to ensure compliance with the requirements of this section.</text> </level> <level label="3"> <text>“Automated external defibrillator (AED)” means a medical heart monitor and defibrillator device that:</text> <level label="i"> <text>Is cleared for market by the U.S. Food and Drug Administration;</text> </level> <level label="ii"> <text>Recognizes the presence or absence of ventricular fibrillation or rapid ventricular tachycardia;</text> </level> <level label="iii"> <text>Determines, without intervention by an operator, whether defibrillation should be performed;</text> </level> <level label="iv"> <text>On determining that defibrillation should be performed, automatically charges; and</text> </level> <level label="v"> <level label="1"> <text>Requires operator intervention to deliver the electrical impulse; or</text> </level> <level label="2"> <text>Automatically continues with delivery of electrical impulse.</text> </level> </level> </level> <level label="4"> <text>“Certificate” means a certificate issued by the EMS Board to a registered entity.</text> </level> <level label="5"> <text>“Entity” means an organization, a business, an association, an agency, a corporation, a firm, or a partnership in the State.</text> </level> <level label="6"> <text>“Jurisdictional emergency medical services operational program” means the institution, agency, corporation, or other entity that has been approved by the EMS Board to provide oversight of emergency medical services for each of the local government and State and federal emergency medical services programs.</text> </level> <level label="7"> <text>“Law enforcement agency” has the meaning stated in § 2–101 of the Public Safety Article.</text> </level> <level label="8"> <text>“Program” means the Public Access Automated External Defibrillator Program.</text> </level> <level label="9"> <text>“Registered entity” means an entity that meets the requirements of the EMS Board for registering with the Program.</text> </level> </level> <level label="b"> <level label="1"> <text>There is a Public Access Automated External Defibrillator Program.</text> </level> <level label="2"> <text>The purpose of the Program is to:</text> <level label="i"> <text>Coordinate an effective statewide public access defibrillation program; and</text> </level> <level label="ii"> <text>Implement the initiative to co–locate naloxone with automated external defibrillators placed in public buildings, as required under § 13–518 of this subtitle.</text> </level> </level> <level label="3"> <text>The Program shall be administered by the EMS Board.</text> </level> </level> <level label="c"> <text>The EMS Board may:</text> <level label="1"> <text>Adopt regulations for the administration of the Program;</text> </level> <level label="2"> <text>Issue and renew certificates to entities that meet the requirements of this section;</text> </level> <level label="3"> <text>Deny, suspend, revoke, or refuse to renew the certificate of a registered entity for failure to meet the requirements of this section;</text> </level> <level label="4"> <text>Approve educational and training programs required under this section that:</text> <level label="i"> <text>Are conducted by any private or public entity; and</text> </level> <level label="ii"> <text>May include courses from nationally recognized organizations such as the American Heart Association, the American Red Cross, and the National Safety Council; and</text> </level> </level> <level label="5"> <text>Delegate to the Institute any portion of its authority under this section.</text> </level> </level> <level label="d"> <level label="1"> <text>Except as provided in paragraph (3) of this subsection, each entity that desires to make automated external defibrillation available shall possess a valid certificate from the EMS Board.</text> </level> <level label="2"> <text>This subsection does not apply to:</text> <level label="i"> <text>A jurisdictional emergency medical services operational program;</text> </level> <level label="ii"> <text>A licensed commercial ambulance service;</text> </level> <level label="iii"> <text>A health care facility as defined in�§ 19–114 of the Health – General Article; or</text> </level> <level label="iv"> <text>A place of business for health care practitioners who are licensed as dentists under Title 4 of the Health Occupations Article or as physicians under Title 14 of the Health Occupations Article and are authorized to use an AED in accordance with that license.</text> </level> </level> <level label="3"> <text>A law enforcement agency may not be required to obtain a certificate for an AED deployed in a patrol vehicle of the law enforcement agency.</text> </level> </level> <level label="e"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, to qualify for and retain a certificate an entity shall:</text> <level label="i"> <text>Have a written plan for the use of an AED that includes a requirement that the entity notify the emergency medical services system through the use of the 911 universal emergency access number as soon as possible on the use of an AED;</text> </level> <level label="ii"> <text>Have established AED maintenance, placement, operation, and reporting procedures as required by the EMS Board;</text> </level> <level label="iii"> <text>Require the AED coordinator to maintain the functionality of each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the U.S. Food and Drug Administration;</text> </level> <level label="iv"> <text>Require the AED coordinator to promote awareness of the location and operation of the AED among potential or foreseeable AED operators in case of emergency; and</text> </level> <level label="v"> <text>If the entity is a public building, meet any requirements established under § 13–518 of this subtitle relating to the co–location of naloxone with each AED maintained by the entity.</text> </level> </level> <level label="2"> <text>For an entity that is a grocery store or restaurant, to qualify for and retain a certificate, the entity shall:</text> <level label="i"> <text>Register the name of the entity with the Program; and</text> </level> <level label="ii"> <text>Maintain the functionality of each AED and all related equipment and supplies in accordance with the standards established by the device manufacturer and the U.S. Food and Drug Administration.</text> </level> </level> </level> <level label="f"> <text>In addition to the requirements established in this section, an entity other than a grocery store or restaurant that is subject to § 21–330.3 of the Health – General Article shall ensure that the AED coordinator has successfully completed an educational training course and any refresher training courses as required by the EMS Board.</text> </level> <level label="g"> <text>A registered entity shall report the use of an AED to the Institute using the form provided by the Institute.</text> </level> <level label="h"> <text>An entity that desires to obtain or renew a certificate shall:</text> <level label="1"> <text>Submit an application on the form that the EMS Board requires; and</text> </level> <level label="2"> <text>Meet the requirements under this section.</text> </level> </level> <level label="i"> <level label="1"> <text>The EMS Board shall issue a new or a renewed certificate to an entity that meets the requirements of this section.</text> </level> <level label="2"> <text>Each certificate shall include:</text> <level label="i"> <text>The type of certificate;</text> </level> <level label="ii"> <text>The full name and address of the entity;</text> </level> <level label="iii"> <text>A unique identification number; and</text> </level> <level label="iv"> <text>The dates of issuance and expiration of the certificate.</text> </level> </level> <level label="3"> <text>A certificate is valid for 3 years.</text> </level> </level> <level label="j"> <text>The EMS Board may issue a cease and desist order or obtain injunctive relief if an entity makes automated external defibrillation available in violation of this section.</text> </level> <level label="k"> <level label="1"> <text>In addition to any other immunities available under statutory or common law, a registered entity is not civilly liable for any act or omission in the provision of automated external defibrillation if the registered entity:</text> <level label="i"> <text>Has satisfied the requirements for making an AED available under this section; and</text> </level> <level label="ii"> <text>Possesses a valid certificate at the time of the act or omission.</text> </level> </level> <level label="2"> <text>In addition to any other immunities available under statutory or common law, an individual is not civilly liable for any act or omission if:</text> <level label="i"> <text>The individual is acting in good faith while rendering automated external defibrillation to a person who is a victim or reasonably believed by the individual to be a victim of a sudden cardiac arrest;</text> </level> <level label="ii"> <text>The assistance or aid is provided in a reasonably prudent manner; and</text> </level> <level label="iii"> <text>The automated external defibrillation is provided without fee or other compensation.</text> </level> </level> <level label="3"> <text>The immunities in this subsection are not available if the conduct of the registered entity or an individual amounts to gross negligence, willful or wanton misconduct, or intentionally tortious conduct.</text> </level> <level label="4"> <text>This subsection does not affect, and may not be construed as affecting, any immunities from civil or criminal liability or defenses established by any other provision of the Code or by common law to which a registered entity or an individual may be entitled.</text> </level> </level> <level label="l"> <level label="1"> <text>A registered entity aggrieved by a decision of the Institute acting under the delegated authority of the EMS Board under this section shall be afforded an opportunity for a hearing before the EMS Board.</text> </level> <level label="2"> <text>A registered entity aggrieved by a decision of the EMS Board under this section shall be afforded an opportunity for a hearing in accordance with Title 10, Subtitle 2 of the State Government Article.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-518" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="5" subtitle_name="Emergency Medical Services"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Automated external defibrillator (AED)” has the meaning stated in § 13–517 of this subtitle.</text> </level> <level label="3"> <text>“Naloxone” means the medication approved by the federal Food and Drug Administration for community use for the reversal of a known or suspected opioid overdose.</text> </level> <level label="4"> <text>“Public building” means:</text> <level label="i"> <text>A public mass transportation accommodation, such as a terminal or station, that is supported by public funds;</text> </level> <level label="ii"> <text>An improvement of a public area used for gathering or amusement, including a public park or recreation center; or</text> </level> <level label="iii"> <text>A facility that is supported by public funds and primarily used to provide secondary or higher education.</text> </level> </level> </level> <level label="b"> <level label="1"> <text>The EMS Board, in collaboration with the Maryland Department of Health, shall develop and implement an initiative under the Public Access Automated External Defibrillator Program to require that naloxone be co–located with each automated external defibrillator placed in a public building.</text> </level> <level label="2"> <text>The initiative developed under paragraph (1) of this subsection shall ensure that up to two doses of naloxone are maintained in a location that:</text> <level label="i"> <text>Is visible and in close physical proximity to the automated external defibrillator; and</text> </level> <level label="ii"> <text>Has a label that clearly indicates to the public the availability of naloxone.</text> </level> </level> <level label="3"> <text>The initiative developed under paragraph (1) of this subsection shall be funded using funds from the Opioid Restitution Fund appropriated through the State budget.</text> </level> </level> <level label="c"> <level label="1"> <text>The owner or operator of a public building is not civilly liable for any act or omission in the provision and maintenance of naloxone under the initiative developed under subsection (b)(1) of this section if the owner or operator has satisfied any requirements established for providing and maintaining naloxone under the initiative.</text> </level> <level label="2"> <text>An individual who administers naloxone made available under the initiative developed under paragraph (1) of this subsection in response to a known or suspected drug overdose shall have immunity from civil liability as provided in § 5–603 of the Courts Article.</text> </level> </level> <level label="d"> <text>The EMS Board and the Maryland Department of Health jointly shall adopt regulations that:</text> <level label="1"> <text>Establish guidelines for periodic inspections and maintenance of the naloxone placed in public buildings;</text> </level> <level label="2"> <text>Assist the administrators of each public building in carrying out the provisions of this section; and</text> </level> <level label="3"> <text>Establish initial prioritization of the public buildings eligible to receive funding under this section with a goal of co–location of naloxone with each automated external defibrillator located in a public building by October 1, 2027.</text> </level> </level> </section> <section article="ged" article_name="Education" number="13-601" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="6" subtitle_name="Police Force"> <level label="a"> <text>There is a University of Maryland Police Force.</text> </level> <level label="b"> <level label="1"> <text>A University of Maryland police officer is and has all the powers of a peace and police officer in this State.</text> </level> <level label="2"> <text>However, a University of Maryland police officer may exercise these powers only on property that is owned, leased, operated by, or under the control of the University of Maryland. The police officer may not exercise these powers on any other property unless:</text> <level label="i"> <text>Engaged in fresh pursuit of a suspected offender;</text> </level> <level label="ii"> <text>Requested or authorized to do so by the chief executive officer or chief police officer of any county;</text> </level> <level label="iii"> <text>Necessary in order to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the University of Maryland; or</text> </level> <level label="iv"> <text>Ordered to do so by the Governor.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>In consultation with the Secretary of State Police and the Maryland Police Training and Standards Commission, the Board of Regents shall adopt standards, qualifications, and prerequisites of character, training, education, human and public relations, and experience for University of Maryland police officers, including standards for the performance of their duties.</text> </level> <level label="2"> <text>To the extent practicable, the Board shall adopt standards that are similar to the standards adopted for the Department of State Police.</text> </level> <level label="3"> <text>Standards adopted on or after July 1, 1975, on minimum hiring qualifications of University of Maryland police officers may not affect the status of any individual who was a qualified University of Maryland police officer on that date.</text> </level> </level> <level label="d"> <text>The Board of Regents shall adopt rules and regulations governing the operation and conduct of the University of Maryland Police Force and of University of Maryland police officers.</text> </level> <level label="e"> <text>The Board of Regents may authorize the presidents of the constituent institutions to make use of a campus security force or building guards in addition to a campus police force.</text> </level> </section> <section article="ged" article_name="Education" number="13-701" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="7" subtitle_name="Special Provisions"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Institution” means any constituent institution of the University System of Maryland.</text> </level> <level label="3"> <text>“Senior citizen” means any resident of this State who is:</text> <level label="i"> <text>60 years of age or older;</text> </level> <level label="ii"> <text>Retired and whose chief income is derived from retirement benefits; and</text> </level> <level label="iii"> <text>Not employed full time.</text> </level> </level> <level label="4"> <text>“Tuition” means the basic instructional charge for undergraduate courses and does not pertain to self–supporting programs or include fees, such as those for registration, application, or laboratory work.</text> </level> </level> <level label="b"> <text>Except as provided in subsection (c) of this section, an institution shall admit a senior citizen to any scheduled course and waive the tuition involved:</text> <level label="1"> <text>Only when regularly scheduled course space is available;</text> </level> <level label="2"> <text>For any credit or noncredit course; and</text> </level> <level label="3"> <text>For as many as 3 courses per term.</text> </level> </level> <level label="c"> <text>An institution may not:</text> <level label="1"> <text>Allow a senior citizen to enroll in a degree granting program, unless the senior citizen meets the admission standards of the institution; or</text> </level> <level label="2"> <text>Permit the full–time equivalent enrollment of senior citizens for whom tuition has been waived to exceed 2 percent of its undergraduate full–time equivalent enrollment.</text> </level> </level> <level label="d"> <text>At the termination of each semester, the institution shall furnish to the governing board of the institution a statement of the number of senior citizens participating under the provisions of this section.</text> </level> <level label="e"> <text>This section does not prohibit an institution from offering senior citizens educational opportunities free of charge beyond these minimum requirements.</text> </level> </section> <section article="ged" article_name="Education" number="13-702" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="7" subtitle_name="Special Provisions"> <level label="a"> <text>Any currency or item of tangible personal property lost or abandoned on property owned, leased, operated by, or under the control of the University System of Maryland and unclaimed for 1 year becomes the property of the University System of Maryland and the Board of Regents may establish procedures to dispose of the property in the best interests of the State.</text> </level> <level label="b"> <text>After deducting any cost incurred in disposing of the property, any funds derived under this section shall be deposited in the General Fund of the State.</text> </level> <level label="c"> <text>Notwithstanding subsection (a) of this section, any person who finds any currency or item of tangible personal property lost or abandoned on property owned, leased, operated by, or under the control of the University System of Maryland and brings the currency or item to the University System of Maryland in order that the University System of Maryland can find the true owner, has a superior claim as to the University System of Maryland to the unclaimed currency or item, if the claim is preserved within 30 days following the 1–year period in subsection (a) of this section.</text> </level> </section> <section article="ged" article_name="Education" number="13-703" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="7" subtitle_name="Special Provisions"> <level label="a"> <level label="1"> <text>In this section, “recyclable materials” means materials that:</text> <level label="i"> <text>If not recycled, would become solid waste for disposal in a refuse disposal system; and</text> </level> <level label="ii"> <text>May be collected, separated, or processed and returned to the marketplace in the form of raw materials or products.</text> </level> </level> <level label="2"> <text>“Recyclable materials” includes paper, glass, metals, plastics, and cardboard.</text> </level> </level> <level label="b"> <text>Recyclable materials that are separated for collection at the University of Maryland, College Park Campus become the property of the University of Maryland, College Park Campus when placed for collection in or near designated bins or locations.</text> </level> <level label="c"> <text>A person may not remove or cause the removal of any recyclable materials that are owned by the University of Maryland, College Park Campus unless authorized by:</text> <level label="1"> <text>The University of Maryland, College Park Campus; or</text> </level> <level label="2"> <text>The owner or operator of a company that is authorized by the University of Maryland, College Park Campus to remove recyclable materials.</text> </level> </level> <level label="d"> <text>This section may not be construed to prohibit a law enforcement officer from searching and seizing any recyclable materials owned by the University of Maryland, College Park Campus.</text> </level> <level label="e"> <text>A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not to exceed $500 for each violation.</text> </level> </section> <section article="ged" article_name="Education" number="13-704" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="7" subtitle_name="Special Provisions"> <text>Notwithstanding §§ 5–505 and 5–506 of the General Provisions Article, an employee of the University of Maryland, Baltimore Campus may solicit gifts or proposals for grants for the benefit of the University of Maryland Medical System Corporation in accordance with § 13–303(j) of this title and the University of Maryland, Baltimore Campus’s policies regarding coordinating fund–raising between the University and the Medical System Corporation.</text> </section> <section article="ged" article_name="Education" number="13-801" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="8" subtitle_name="Virginia-Maryland Regional College of Veterinary Medicine"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Board” means the Budget and Program Review Board.</text> </level> <level label="c"> <text>“College” means the Virginia-Maryland Regional College of Veterinary Medicine.</text> </level> </section> <section article="ged" article_name="Education" number="13-802" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="8" subtitle_name="Virginia-Maryland Regional College of Veterinary Medicine"> <level label="a"> <text>There is a Virginia-Maryland Regional College of Veterinary Medicine.</text> </level> <level label="b"> <text>In addition to the provisions of this subtitle the College is subject to the provisions of Title 11 (Maryland Higher Education Commission) of this article.</text> </level> <level label="c"> <text>The College shall be operated under the terms and conditions agreed to in:</text> <level label="1"> <text>The Agreement of Regional Cooperation between the State of Maryland and the Commonwealth of Virginia, dated February 14, 1980; and</text> </level> <level label="2"> <text>The Agreement between Virginia Polytechnic Institute and State University and the University of Maryland, College Park Campus for a regional program in veterinary medical education, dated September 27, 1989.</text> </level> </level> <level label="d"> <text>The College shall be operated as one school with an administrative head at each university.</text> </level> <level label="e"> <text>The student body of the College shall consist of 50 Virginia residents, 30 Maryland residents, and 10 at-large.</text> </level> </section> <section article="ged" article_name="Education" number="13-803" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="8" subtitle_name="Virginia-Maryland Regional College of Veterinary Medicine"> <level label="a"> <text>There is a Budget and Program Review Board.</text> </level> <level label="b"> <text>The Board is responsible for determining annually the resource needs of the professional instructional program of the College.</text> </level> <level label="c"> <text>The Board shall consist of the following seven members:</text> <level label="1"> <text>The Dean of the Virginia–Maryland Regional College of Veterinary Medicine, who shall serve as Chairman of the Board;</text> </level> <level label="2"> <text>The Dean of the College of Agriculture and Natural Resources of the University of Maryland, College Park Campus;</text> </level> <level label="3"> <text>The Senior Vice President and Provost of the Virginia Polytechnic Institute and State University;</text> </level> <level label="4"> <text>The Vice President and Provost of the University of Maryland, College Park Campus;</text> </level> <level label="5"> <text>The Executive Vice President and Chief Business Officer of the Virginia Polytechnic Institute and State University;</text> </level> <level label="6"> <text>An appointee of the President of the Virginia Polytechnic Institute and State University; and</text> </level> <level label="7"> <text>The Vice Chancellor for Administration and Finance of the University System of Maryland or the Vice Chancellor’s successor.</text> </level> </level> <level label="d"> <text>The Board shall:</text> <level label="1"> <text>Determine the cost share for each state;</text> </level> <level label="2"> <text>Set the proportion of costs to be funded by tuition; and</text> </level> <level label="3"> <text>Periodically review and adjust the building use fees charged to the students of the College.</text> </level> </level> <level label="e"> <text>The appropriate fiscal support staff of each university, which shall include the Vice Chancellor for Administration and Finance of the University System of Maryland, shall provide fiscal support to the Board.</text> </level> </section> <section article="ged" article_name="Education" number="13-804" title_number="13" title_name="University of Maryland -- General Provisions" subtitle_number="8" subtitle_name="Virginia-Maryland Regional College of Veterinary Medicine"> <level label="a"> <text>To calculate the actual costs of the professional instructional program of the College, costs associated with graduate education, continuing education, the agricultural experiment stations, cooperative extension services, and expenditures associated with contractual grant research shall be excluded.</text> </level> <level label="b"> <text>The Executive Vice President and Chief Business Officer of the Virginia Polytechnic Institute and State University shall be responsible for providing the Board with the cost data on which the actual costs of the professional instructional program of the College shall be determined after consulting with the fiscal support staff of the Virginia Polytechnic Institute and State University and the University of Maryland, College Park Campus.</text> </level> <level label="c"> <text>To determine the appropriate level of general fund contributions for meeting the actual costs of the professional instructional program of the College to be requested from the executives and legislatures of the State of Maryland and the Commonwealth of Virginia, respectively, revenues estimated to be generated by tuition fees and charges, appropriate federal funds, instructional fees, and other instructional sources of income shall be subtracted from the calculations.</text> </level> <level label="d"> <text>The State of Maryland shall provide the appropriate level of general funds to meet the financial requirements of the professional instructional program of the College.</text> </level> </section>