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EXPLANATION: CAPITALS INDICATE MATTER ADDED TO EXISTING LAW.
[Brackets] indicate matter deleted from existing law.
*hb1293*
HOUSE BILL 1293
J3 6lr2892
By: Delegates Ruff, Acevero, Amprey, Boyce, Edelson, Fraser –Hidalgo,
Hornberger, Lewis, Lopez, Martinez, Mireku –North, Phillips, Smith,
Solomon, Stinnett, Vogel, and Wolek
Introduced and read first time: February 12, 2026
Assigned to: Health
A BILL ENTITLED
AN ACT concerning 1
Behavioral Health Programs – Residents at Inpatient Facilities – Sex Offender 2
Registry Compliance 3
FOR the purpose of requiring behavioral health program s that own, lease, operate , or 4
control an inpatient facility to take certain affirmative and reasonable steps to 5
determine whether a resident is required to regist er under the Maryland Sex 6
Offender Registry; requiring a behavioral health program to take certain steps to 7
ensure a resident’s compliance with the sex offender registry law ; and generally 8
relating to behavioral health programs. 9
BY repealing and reenacting, without amendments, 10
Article – Health – General 11
Section 7.5–101(a) and (f) 12
Annotated Code of Maryland 13
(2023 Replacement Volume and 2025 Supplement) 14
BY adding to 15
Article – Health – General 16
Section 7.5–404 17
Annotated Code of Maryland 18
(2023 Replacement Volume and 2025 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Health – General 21
Section 7.5–404 22
Annotated Code of Maryland 23
(2023 Replacement Volume and 2025 Supplement) 24
2 HOUSE BILL 1293
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Health – General 3
7.5–101. 4
(a) In this title the following words have the meanings indicated. 5
(f) “Behavioral health program” means a substance –related disorders program, 6
a mental health program, or an addictive disorders program, or a program that consists of 7
more than one of these programs. 8
7.5–404. 9
(A) (1) IN THIS SECTION THE FOLLOWIN G WORDS HAVE THE MEA NINGS 10
INDICATED. 11
(2) “INPATIENT FACILITY ” MEANS A DWELLING , GROUP HOME , 12
TREATMENT RESIDENCE, OR HOUSING UNIT THAT IS OWNED, LEASED, OPERATED, 13
OR OTHERWISE CONTROLLED BY A BEHAVIORAL HEALTH PROGRAM. 14
(3) “RESIDENT” MEANS AN INDIVIDUAL WHO RESIDES AT A N 15
INPATIENT FACILITY, REGARDLESS OF THE INDIVIDUAL’S LENGTH OF STAY. 16
(B) THIS SECTION APPLIES ONLY TO A BEHAVIORAL HEAL TH PROGRAM 17
THAT OWNS, LEASES, OPERATES, OR CONTROLS AN INPATIENT FACILITY. 18
(C) (1) A BEHAVIORAL HEALTH PR OGRAM SHALL TAKE AFF IRMATIVE 19
AND REASONABLE STEPS TO DETERMINE WHETHER A RESIDENT IS REQUIR ED TO 20
REGISTER UNDER TITLE 11, SUBTITLE 7 OF THE CRIMINAL PROCEDURE ARTICLE, 21
INCLUDING: 22
(I) ASKING THE RESIDENT W HETHER THE RESIDENT IS 23
REQUIRED BY LAW TO REGISTER AS A SEX OFFENDER; AND 24
(II) IF THE RESIDENT IS RE QUIRED TO REGISTE R, VERIFYING 25
WHETHER THE RESIDENT IS LISTED ON THE MARYLAND SEX OFFENDER REGISTRY. 26
(2) IF A BEHAVIORAL HEALT H PROGRAM DETERMINES THAT A 27
RESIDENT IS REQUIRED TO REGISTER, THE BEHAVIORAL HEALTH PROGRAM SHALL 28
TAKE REASONABLE STEPS TO ENSURE COMPLIANCE WITH TITLE 11, SUBTITLE 7 OF 29
THE CRIMINAL PROCEDURE ARTICLE, INCLUDING: 30
HOUSE BILL 1293 3
(I) INFORMING THE RESIDEN T OF THE RESIDENT ’S LEGAL 1
OBLIGATIONS; 2
(II) ASSISTING WITH COORDI NATION OR COMMUNIC ATING 3
WITH APPROPRIATE LAW ENFORCEMENT OR REGISTRY AUTHORITIES; AND 4
(III) DOCUMENTING COMPLIANCE EFFORTS. 5
(D) A BEHAVIORAL HEALTH PR OGRAM MAY DEMONSTRAT E COMPLIANCE 6
WITH THIS SECTION BY: 7
(1) MAINTAINING WRITTEN P OLICIES REQUIRING IN QUIRY AND 8
REGISTRY CHECKS; AND 9
(2) DOCUMENTING THE ACTIVITIES REQUI RED UNDER SUBSECTION 10
(C)(2) OF THIS SECTION. 11
(E) (1) FOR A FIRST VIOLATION OF SUBSECTION (C) OF THIS SECTION BY 12
A BEHAVIORAL HEALTH PROGRAM, THE DEPARTMENT SHALL: 13
(I) ISSUE A WRITTEN NOTIC E OF DEFICIENCY TO T HE 14
BEHAVIORAL HEALTH PROGRAM; AND 15
(II) REQUIRE THE PROGRAM T O SUBMIT AND IMPLEME NT A 16
CORRECTIVE ACTION PL AN WITHIN A REASONAB LE TIME SPECIFIED BY THE 17
DEPARTMENT; 18
(2) FOR A SECOND VIOLATION OF SUBSECTION (C) OF THIS SECTION 19
BY A BEHAVIORAL HEAL TH PROGRAM OR A FAILURE TO CORRECT A DEFICIE NCY 20
UNDER PARAGRAPH (1) OF THIS SUBSECTION: 21
(I) THE BEHAVIORAL HEALTH PROGRAM I S SUBJECT TO A 22
CIVIL PENALTY NOT EXCEEDING $5,000 PER VIOLATION; 23
(II) THE DEPARTMENT M AY REQUIRE CONTINUED OR 24
ENHANCED CORRECTIVE ACTION; AND 25
(III) THE DEPARTMENT MAY IMPOSE ENHANCED MONI TORING 26
OR REPORTING REQUIREMENTS. 27
(3) FOR A THIRD OR SUBSEQUENT VIOLATION OF SUBSECTION (C) OF 28
THIS SECTION OR A FAILURE TO CORRECT A DEFICIENCY UNDER PARAGRAPH (1) OF 29
THIS SUBSECTION: 30
4 HOUSE BILL 1293
(I) THE BEHAVIORAL HEALTH PROGRAM IS SUBJECT T O A 1
CIVIL PENALTY NOT EXCEEDING $10,000 PER VIOLATION; AND 2
(II) THE DEPARTMENT MAY IMPOSE LICENSING OR 3
CERTIFICATION SANCTI ONS OTHERWISE AUTHOR IZED UNDER THIS ARTICLE, 4
INCLUDING PROBATION, SUSPENSION OR REVOCATION, OR DENIAL OF RENEWAL. 5
(F) THIS SECTION MAY NOT BE CONSTRUED TO: 6
(1) REQUIRE A BEHAVIORAL HEALTH PROGRAM TO RE GISTER A 7
RESIDENT WITH THE MARYLAND SEX OFFENDER REGISTRY ON THE RESIDENT ’S 8
BEHALF; 9
(2) REQUIRE A BEHAVIORAL HEALTH PROGRAM TO MA KE LEGAL 10
DETERMINATIONS BEYON D REASONABLE VERIFIC ATION OF A RESIDENT ’S 11
REGISTRATION STATUS; OR 12
(3) MODIFY REGISTRATION OBLIGATIONS, CLASSIFICATIONS, 13
TIMELINES, OR PENALTIES UNDER TITLE 11, SUBTITLE 7 OF THE CRIMINAL 14
PROCEDURE ARTICLE. 15
[7.5–404.] 7.5–405. 16
(a) An individual or organization may not operate a behavioral health program in 17
violation of this subtitle. 18
(b) An individual or organization that operates a behavioral health program 19
without the license required by this subtitle is guilty of a misde meanor and on conviction 20
is subject to a fine not exceeding $10,000 for each violation. 21
(c) The Department may file for and pursue an injunction to prevent an 22
individual or organization from operating a behavioral health program without the license 23
required by this subtitle. 24
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 25
October 1, 2026. 26