Charles County, MD
 
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Table of Contents
Table of Contents
[HISTORY: Adopted and amended as indicated in text.]

§ 37-1 General provisions; rules and regulations; violations and penalties.

A. 
Definitions.
[1995, ch. 417]
(1) 
In this section, the following words have the meanings indicated.
(2) 
Elderly care.
(I) 
"Elderly care" means services that are provided to an individual who is at least 60 years old and in a protective, noninstitutional, home-type environment.
(II) 
"Elderly care" includes:
1. 
Board, housekeeping services and shelter; and
2. 
Assistance with or supervision in bathing, dressing, feeding, grooming, walking, or in any other essential activity of daily living.
(3) 
"Elderly care home" means a home:
(I) 
Where elderly care is provided to at least one but not more than eight unrelated individuals; and
(II) 
That is operated to provide elderly care for compensation.
(4) 
"Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary or representative of any kind and any partnership, firm, association, corporation, or other entity.
(5) 
"Unrelated individual" means anyone who is not:
(I) 
A child, grandchild, parent, grandparent, sibling, stepparent, stepchild, or spouse of the operator; or
(II) 
An in-law of any of these individuals.
B. 
Rules and regulations; service standards.
(1) 
The County Commissioners may enact ordinances or resolutions necessary to govern a person who operates an elderly care home in Charles County.
(2) 
The ordinance or resolution shall establish service standards concerning:
[1995, ch. 417]
(I) 
Dietary matters;
(II) 
Elderly care;
(III) 
Environment;
(IV) 
Physical environment;
(V) 
Safety;
(VI) 
Sanitation; and
(VII) 
Other matters that the County Commissioners consider appropriate.
(3) 
In order to carry out the intent of the regulatory scheme adopted under this section, the County Commissioners may establish and implement an ombudsman program, subject to the provisions of 42 U.S.C. § 3027(A)(12)(A) of the Older Americans Act of 1965, as amended, to assist the County Commissioners in overseeing and accomplishing its duties that are required under this section.
C. 
Unless specifically exempted by ordinance or resolution adopted under this section, the County Commissioners shall require a person who operates an elderly care home in Charles County to obtain from the County a permit before operating the elderly care home.
D. 
To enforce this section and the regulatory scheme adopted under this section, the County Commissioners or a representative of the County Commissioners may enter an elderly care home at any reasonable time to conduct an announced or unannounced inspection.
E. 
After enactment of the regulatory scheme under this section, a person who operates an elderly care home in Charles County without the permit required by the County Commissioners is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $5,000 or imprisonment not exceeding one year, or both.
[1995, ch. 417]
F. 
A person who operates an elderly care home in violation of the regulatory scheme adopted by the County Commissioners is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year or both.
[1995, ch. 417]