<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".08" citation="COMAR 10.22.02.08" title_num="10" subtitle_num="22" chapter_num="02" heading="Governing Body.">
  <paragraph num="A.">
    <text>A local health department's governing body is the governing body of the respective county as set forth in Health-General Article, Title 3, Subtitle 3, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Except for local health departments, forensic residential centers (FRCs), and State residential centers, the governing body of all licensees shall include, at a minimum, at least one individual with a developmental disability, one family member of an individual with a developmental disability, and an individual with experience in the field of developmental disabilities.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Except for local health departments, forensic residential centers (FRCs), and State residential centers, the governing body of all licensees shall adopt written bylaws which require the governing body to be legally responsible for:</text>
    <paragraph num="(1)">
      <text>Overseeing the management and operation of the licensee;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Ensuring that the licensee operates in compliance with all of the requirements of this chapter and all other applicable laws and regulations;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Approving a licensee's mission statement, long-range goals, policies, procedures, and budget;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Defining and prohibiting those circumstances which would create a financial or personal conflict of interest for members of the governing body, staff, care providers, volunteers, and members of the standing committee;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Ensuring that the licensee responds to all POCs in a timely manner;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Approving a licensee's program service plan and ensuring that its services are provided in accordance with the plan;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Ensuring that at least 75 percent of the governing body of a licensee shall be residents of the State or reside within a 100 mile radius of the administrative offices of the licensee, which shall be located in the State unless the licensee:</text>
      <paragraph num="(a)">
        <text>Has established an Administration approved community-based advisory board or committee; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Receives an Administration approved waiver;</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>Ensuring that no employee of a licensee or immediate family member of an employee of a licensee may serve as a voting member of the governing body of the licensee unless:</text>
      <paragraph num="(a)">
        <text>The employee receives services from the licensee; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Administration approves the composition of the governing body through an innovative program services plan in accordance with Regulation .09 of this chapter; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(9)">
      <text>Ensuring that by January 1, 2008, members of the governing body and employees of the licensee may not own property that is leased back to the licensee.</text>
    </paragraph>
  </paragraph>
</regulation>