Section 7-1101 - Providing services unlawfully.
§ 7-1101. Providing services unlawfully.
(a) Providing services in violation of section; noncompliance with licensing laws.-
(1) 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:
(i) Day habilitation services;
(ii) Residential services;
(iii) Services coordination;
(iv) Vocational services;
(v) More than 1 family support service, as defined in § 7-701 of this title;
(vi) More than 1 individual support service; and
(vii) More than 1 community supported living arrangements service, as defined in § 7-709 of this title.
(2) 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.
(b) Penalty.- 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.
(c) Knowing participation in violation of section; penalty.- 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.
(d) Civil damages.- 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.
[1986, ch. 636, § 2; ch. 637, § 2; 1988, ch. 421; 1990, ch. 6, § 2; 1993, ch. 17.]