Unless licensed by the Administration under this title, a person may not provide the following services to an individual with developmental disability or to a recipient of individual support services, as defined in § 7-901 of this title: Day habilitation services; Residential services; Services coordination; Vocational services; More than 1 family support service, as defined in § 7-701 of this title; More than 1 individual support service; and More than 1 community supported living arrangements service, as defined in § 7-709 of this title. The Administration, the Administration’s designee, or an agency that receives public funds may not place an individual in a residential group home or other facility that is not operating in compliance with applicable State licensing laws. A person who provides services in violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000. An employee, officer, or director of a provider of services under this title 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. 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 providing services without a license may recover civil damages from that person and from any other person who knowingly participates in the admission or detention.

A person may not interfere knowingly with the rights of an individual who receives any services under this title. 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.

In this section, “custodian” means: Executive officer or administrative head of a licensee, as defined in § 7-1001 of this title; An individual who is responsible for the area where records on individuals who are served by a licensee, as defined in § 7-1001 of this title, are kept; or Any individual who has or controls the record. In addition to any damages recoverable in a court of general jurisdiction, a custodian of a record who discloses the record in violation of § 7-1010 of this title is liable to the individual whose records are disclosed unlawfully for punitive damages in an amount that does not exceed $500 plus reasonable attorney’s fees.

A State employee may not receive or solicit, directly or indirectly, any remuneration for providing services to an individual eligible for services under this title except for compensation provided for in the State budget, those charges provided for in Title 16 of this article, and funds received in accordance with subsection (b) of this section. A State residential center may accept nonbudgeted funds that are available to it but are not part of the appropriation process in this State. A State residential center may accept these funds only under the policy or regulations that the Secretary sets. An employee of a licensee may not receive or solicit, directly or indirectly, any remuneration for providing services within the scope of that employment to an individual eligible for services under this title, other than compensation provided by the licensee. A person who knowingly violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000.