# Health - General (GHG)

## Title 10. Mental Health Law

### Subtitle 10. Prohibited Acts; Penalties; Civil Liability

#### Section 10-1001

(a) A person may not operate a private, inpatient facility unless licensed by the Department.

(b) A person who operates a private, inpatient facility in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000.

(c) An employee, officer, operator, or director of a private, inpatient facility or any other person, who knowingly participates in a violation of this section, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

(d) In addition to any other penalties specified in this section, an individual who is admitted or held against the individual's will by a person who is operating a private, inpatient facility without a license may recover civil damages from that person and from any other person who knowingly participates in the admission or detention.

#### Section 10-1002

(a) A person may not:

  (1) Knowingly make a false application or certificate in connection with the admission or detention of any individual; or

  (2) Detain an individual in a manner contrary to Subtitle 6 or Subtitle 8 of this title.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

(c) In addition to any other penalties specified in this section, a person who willfully violates any provision of this section is liable for civil damages sustained by the individual who is admitted or detained unlawfully.

#### Section 10-1003

(a) A person may not interfere knowingly with the rights of an individual under Sec. 10-701, Sec. 10-702, Sec. 10-703, Sec. 10-704, Sec. 10-706, or Sec. 10-707 of this title.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

#### Section 10-1004

A person who fails to comply with any provision of Sec. 10-709 of this title, as to records, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 2 years or both.

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Md. Code Ann., Health-Gen. (as displayed at mgaleg.maryland.gov, October 16, 2026)