# Health - General (GHG)

## Title 10. Mental Health Law

### Subtitle 4. State Facilities

#### Section 10-401

The Director shall supervise generally the operation of all State facilities.

#### Section 10-404

In Part II of this subtitle, "Board" means a citizens' advisory board for a State facility.

#### Section 10-405

Part II of this subtitle does not apply to the Maryland Psychiatric Research Center.

#### Section 10-406

(a) The following State facilities shall be maintained under the direction of the Administration:

  (1) Clifton T. Perkins Hospital Center;

  (2) Eastern Shore Hospital Center;

  (3) Regional Institutes for Children and Adolescents -- Baltimore and Rockville;

  (4) Springfield Hospital Center;

  (5) Spring Grove Hospital Center; and

  (6) Thomas B. Finan Hospital Center.

(b) As a facility is built or transferred to the Administration, the facility may be made a State facility.

(c)

  (1) By January 1, 1985, the Department shall adopt rules and regulations for admission to all Regional Institutes for Children and Adolescents in cooperation with representatives from the advisory committees of the Regional Institutes for Children and Adolescents, the mental health advisory committees in each region, the local education agencies, and the Mental Health Association of Maryland.

  (2) In determining these rules and regulations, the Department shall provide that no bona fide candidate for admission may be rejected solely because of residence outside the regular catchment area served by the institution.

  (3) In determining these rules and regulations, the Department shall provide that candidates for admission who reside in the regular catchment area served by the institution shall be granted priority in admissions to the institution.

(d)

  (1) Beginning in fiscal year 2007, the Department may not bill a local board of education for any services provided by the State at a regional institute for children and adolescents.

  (2) Notwithstanding paragraph (1) of this subsection:

    (i) Beginning in fiscal year 2007, the Department shall continue to provide the same scope of services at regional institutes for children and adolescents that were provided as of January 1, 2005; and

    (ii) A local board of education may make a contribution toward the cost of services provided by the State at a regional institute for children and adolescents.

(e)

  (1) Before a regional institute for children and adolescents may be closed, the Department shall submit a report to the Governor and, in accordance with Sec. 2-1257 of the State Government Article, the Senate Finance Committee, the Senate Budget and Taxation Committee, the House Health and Government Operations Committee, and the House Appropriations Committee, justifying the closure.

  (2) The report shall address:

    (i) The reasons for the closure;

    (ii) The plan for serving the regional institute for children and adolescents target population after the closure;

    (iii) The budgetary savings anticipated from the closure compared to the costs associated with serving the regional institute for children and adolescents target population in other settings;

    (iv) The plan for assisting State employees displaced by the closure in finding other employment; and

    (v) The plan for the regional institute for children and adolescents facility.

  (3) The committees shall have 60 days to review and comment on the report.

#### Section 10-406.1

(a) The Regional Institutes for Children and Adolescents in Baltimore and  Montgomery counties shall be comparable:

  (1) In programs by January 1, 1992; and

  (2) In facilities by July 1, 1994.

(b) The facilities and programs of an institute may not be reduced to achieve comparability.

(c) In no event shall the level of State funding provided or number of positions authorized to any Regional Institute for Children and Adolescents be reduced in order to attain comparability.

#### Section 10-407

The Director shall set standards for admission to a State facility.

#### Section 10-408

(a) With the advice of the Director, the Secretary shall appoint an administrative head for each State facility.

(b) Each administrative head shall have the qualifications that the Secretary sets for administrative heads.

(c) The Director may remove an administrative head for incompetence or misconduct.

(d) In addition to any other power or duty that the Director or Secretary delegates, the administrative head of a State facility shall:

  (1) Supervise generally the State facility;

  (2) In accordance with the provisions of the State Personnel and Pensions Article, appoint a staff for the State facility as needed and as provided in the State budget; and

  (3) Report to the Director as the Director requires.

#### Section 10-409

The administrative head of the Eastern Shore Hospital Center shall:

(1) Advertise for and receive bids for a contract to provide laundry services; and

(2) Contract for the services with the low bidder unless the administrative head finds that the bidder would not fulfill the contract satisfactorily.

#### Section 10-410

There is a citizens' advisory board for each State facility.

#### Section 10-411

(a)

  (1)

    (i) Except for the Eastern Shore Hospital Center, the Spring Grove Hospital Center, and the Clifton T. Perkins Hospital Center, each Board consists of 7 members appointed by the Governor.

    (ii) The Board for the Eastern Shore Hospital Center consists of 11 members appointed by the Governor.

    (iii) The Board for the Spring Grove Hospital Center consists of 9 members appointed by the Governor.

    (iv) The Board for the Clifton T. Perkins Hospital Center consists of 9 members appointed by the Governor.

  (2) The Board for each State facility shall reflect adequately the composition of the community that the State facility serves.

  (3) Of the members of the Board for a State facility:

    (i) At least 2 shall be parents or other relatives of residents or former residents of a State facility; and

    (ii) Each of the others shall be individuals who:

      (1) Are known for their interest in civic and public affairs; and

      (2) Have expressed an interest in the care of individuals who have a mental disorder or generally in mental health endeavors.

  (4) The Governor shall appoint the members from a list of qualified individuals submitted to the Governor by the Secretary.

(b) Each member of a Board shall be a citizen of this State.

(c)

  (1) The term of a member is 4 years.

  (2)

    (i) Except for the Board for the Clifton T. Perkins Hospital Center, the terms of members are staggered as required for members of each Board on July 1, 1982. For the Board for the Clifton T. Perkins Hospital Center, the terms of the members are staggered as required for the members on the Board on October 1, 1994.

    (ii) Except for the Boards for the Eastern Shore Hospital Center, the Spring Grove Hospital Center, and the Clifton T. Perkins Hospital Center, the terms of those members end as follows:

      (1) 1 in 1983;

      (2) 4 in 1984;

      (3) 1 in 1985; and

      (4) 1 in 1986.

    (iii) The terms of the members of the Board for the Eastern Shore Hospital Center end as follows:

      (1) 2 in 1983;

      (2) 5 in 1984;

      (3) 2 in 1985; and

      (4) 2 in 1986.

    (iv) The terms of the members of the Board for the Spring Grove Hospital Center end as follows:

      (1) 1 in 1986;

      (2) 1 in 1987;

      (3) 4 in 1988; and

      (4) 3 in 1989.

    (v) The terms of the members of the Board for the Clifton T. Perkins Hospital Center end as follows:

      (1) 1 in 1996;

      (2) 5 in 1997; and

      (3) 3 in 1998.

  (3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

  (4) 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.

  (5)

    (i) Except as provided in subparagraph (ii) of this paragraph, a member who serves 2 consecutive full 4-year terms may not be reappointed for 4 years after completion of those terms.

    (ii) An initial member of a Board who serves 3 consecutive full 4-year terms may not be reappointed for 4 years after completion of those terms.

#### Section 10-412

(a) From among its members, each Board shall elect a chairman and other officers that the Board considers necessary.

(b) The manner of election of officers and their terms of office shall be as the Board determines.

#### Section 10-413

(a) Each Board shall meet at least 4 times a year, at the times and places that it determines.

(b) A member of a Board may not receive compensation.

#### Section 10-414

(a) Each Board may adopt rules and regulations for the conduct of its meetings.

(b)

  (1) Each Board serves in an advisory capacity.

  (2) Each Board shall:

    (i) Submit to the Secretary an annual report on:

      (1) The needs of individuals who have a mental disorder; and

      (2) The extent to which its State facility meets these needs;

    (ii) Advise the administrative head of the State facility on its goals, programs, physical plant, and policies;

    (iii) Help in evaluating the degree to which these goals are achieved;

    (iv) Review and make recommendations about the annual budget of the State facility;

    (v) Assume leadership in developing community understanding of the needs of those who have a mental disorder; and

    (vi) Carry out any other responsibility that the administrative head of the State facility requests.

#### Section 10-415

(a)

  (1) In this subsection, "facility" means:

    (i) The Clifton T. Perkins Hospital Center;

    (ii) The Eastern Shore Hospital Center;

    (iii) The Regional Institutes for Children and Adolescents - Baltimore and Rockville;

    (iv) The Springfield Hospital Center;

    (v) The Spring Grove Hospital Center;

    (vi) The Thomas B. Finan Hospital Center; or

    (vii) The Office of Health Care Quality.

  (2)

    (i) The pay scale for a "Physician Clinical Specialist" position in a facility shall be the same as a "Psychiatrist Clinical" position in a facility.

    (ii) The pay scale for a "Physician Clinical Staff" position in a facility shall be the same as a "Psychiatrist Clinical Graduate" position in a facility.

  (3) In a fiscal year in which an upward adjustment to the pay scale is made for initial appointments to a "Registered Nurse" position in a facility, the "Registered Nurse Charge", "Registered Nurse Supervisor", and "Registered Nurse Manager" positions in the same facility shall receive an upward adjustment to their pay scales in an amount at least equal to the adjustment for the employees in a "Registered Nurse" position who report to employees in the "Registered Nurse Charge", "Registered Nurse Supervisor", and "Registered Nurse Manager" positions at the facility.

(b)

  (1) In a fiscal year in which an upward adjustment to the pay scale is made for initial appointments to a "Registered Nurse Perkins" position at the Clifton T. Perkins Hospital Center, the "Registered Nurse Charge Perkins", "Registered Nurse Supervisor Perkins", "Registered Nurse Manager Perkins", "Assistant Director of Nursing Perkins", and "Director of Nursing Perkins" positions at the Clifton T. Perkins Hospital Center shall receive an upward adjustment to their pay scales in an amount at least equal to the adjustment for the employees in a "Registered Nurse Perkins" position who report to employees in the "Registered Nurse Charge Perkins", "Registered Nurse Supervisor Perkins", "Registered Nurse Manager Perkins", "Assistant Director of Nursing Perkins", and "Director of Nursing Perkins" positions.

  (2)

    (i) This paragraph applies only to employees of the Clifton T. Perkins Hospital Center who are:

      (1) Employed in a "Security Attendant" position; and

      (2) Required as a condition of employment to complete a correctional training course approved by the Correctional Training Commission under Title 8, Subtitle 2 of the Correctional Services Article.

    (ii) The pay scale for a "Security Attendant" position shall be at least equal to the pay scale for a correctional officer employed by the Department of Public Safety and Correctional Services.

(c) In a fiscal year in which an upward adjustment to the pay scale is made for initial appointments to a "Health Facility Surveyor Nurse I" position in the Office of Health Care Quality, the "Health Facility Surveyor Nurse I" and "Health Facility Surveyor Nurse II" positions in the Office of Health Care Quality shall receive an upward adjustment to their pay scales in an amount equal to the adjustment for the "Health Facility Surveyor Nurse I" position.

#### Section 10-417

(a) In Part III of this subtitle the following words have the meanings indicated.

(b) "Center" means the Maryland Psychiatric Research Center.

(c) "Department of Psychiatry" means the Department of Psychiatry of the University of Maryland School of Medicine.

#### Section 10-418

There is a Maryland Psychiatric Research Center in the Department.

#### Section 10-419

There is an Executive Board for the Center.

#### Section 10-420

The Executive Board consists of the following 5 ex officio members:

(1) The Superintendent of the Center.

(2) The Director of Research and Evaluation of the Department.

(3) The Director of the Behavioral Health Administration.

(4) The Chairman of the Department of Psychiatry.

(5) The Dean of the University of Maryland School of Medicine.

#### Section 10-421

(a) From among its members, the Executive Board shall elect a chairman.

(b) The manner of election of officers and their terms of office shall be as the Executive Board determines.

#### Section 10-422

The Executive Board of the Center shall develop policy for the operations of the Center, including policies on the assignments and responsibilities of the scientific employees and technical employees of the Center.

#### Section 10-423

(a) By joint action, the Director and the Chairman of the Department of Psychiatry shall appoint a superintendent of the Center and may remove the Superintendent.

(b) The Executive Board of the Center shall appoint individuals to scientific positions and technical positions at the Center and may remove these individuals.

(c)

  (1) The Superintendent of the Center and each individual in a scientific position or technical position shall be in the management service or special appointments in the State Personnel Management System.

  (2) The remaining administrative employees and all clerical employees shall be in the skilled service in the State Personnel Management System.

  (3) The Executive Board shall determine the status of each position at the Center.

(d) All positions at the Center shall be assigned to the University of Maryland School of Medicine.

(e) Each employee of the Center whom the Executive Board designates as performing scientific duties or technical duties shall be appointed to a faculty position in the Department of Psychiatry.

#### Section 10-424

The Center shall:

(1) Be maintained as a State facility for psychiatric research;

(2) Direct its programs toward prevention, discovery of causes, and treatment of mental disorders and allied conditions; and

(3) Perform the research programs under the written agreements that the Department and the Department of Psychiatry make.

#### Section 10-425

Research programs shall be carried out under the general supervision and direction of the Department of Psychiatry, but subject to the policies of the Executive Board of the Center.

#### Section 10-426

There is a technical review committee in the Center.

#### Section 10-427

(a) The technical review committee consists of the following 11 members:

  (1) As ex officio members:

    (i) The Superintendent of the Center; and

    (ii) The Chairman of the Department of Psychiatry;

  (2) 3 psychologists;

  (3) 3 physicians who are licensed to practice medicine in this State and devote a substantial amount of professional time to the practice of psychiatry; and

  (4) 3 citizens of this State chosen by the Executive Board of the Center from individuals who are interested in and concerned about the care of individuals who have a mental disorder and about research directed toward the prevention, discovery of causes, and treatment of mental disorders and allied conditions.

(b) Of the 3 psychologists and 3 physicians:

  (1) 1 shall be chosen by the Executive Board of the Center from the University of Maryland School of Medicine;

  (2) 2 shall be chosen by the Executive Board of the Center from the Johns Hopkins University School of Medicine; and

  (3) 3 shall be chosen by the Executive Board of the Center from other affiliations, including private practitioners.

#### Section 10-428

(a) From among its members, the technical review committee shall elect a chairman.

(b) The manner of election of officers and their terms of office shall be as the technical review committee determines.

#### Section 10-429

The technical review committee shall:

(1) Provide peer review over research activities at the Center;

(2) Serve in an advisory capacity to the Executive Board and the Superintendent of the Center; and

(3) Submit an annual report to the Executive Board.

---

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