PARRIS N. GLENDENING, Governor

Ch. 499

(b)     Any person causing the death of another as the result of the person's negligent
driving, operation, or control of a motor vehicle or vessel while intoxicated OR
INTOXICATED PER SE is guilty of a misdemeanor to be known as "homicide by motor
vehicle or vessel while intoxicated", and the person so convicted shall be punished by
imprisonment for not more than 5 years, or by fine of not more than $3,000 or both fine
and imprisonment.

(c)     A person who causes the death of another as the result of the person's
negligent driving, operation, or control of a motor vehicle or vessel while under the
influence of alcohol is guilty of a misdemeanor to be known as "homicide by motor vehicle
or vessel while under the influence", and on conviction shall be punished by
imprisonment for not more than 1 year or a fine of not more than $1,000 or both.

(d)     (1) In any indictment, information, or other charging document under this
section, it is not necessary to set forth the manner and means of death.

(2) It shall be sufficient to use a formula substantially to the following
effect:

(i) "That A-B on the ......... day of..............., nineteen hundred and

.............. at the County (City) aforesaid, unlawfully, while intoxicated did kill C-D,

against the peace, government, and dignity of the State."; or

(ii) "That A-B on the.......... day of..............., nineteen hundred and

..............at the County (City) aforesaid, unlawfully, while under the influence of alcohol,

did kill C-D, against the peace, government, and dignity of the State."

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October 1, 1995.

Approved May 25, 1995.

CHAPTER 499
(Senate Bill 639)

AN ACT concerning

Freestanding Ambulatory Care Facilities—Licensing Health Care Reform Act of 1995

FOR the purpose of requiring the Health Resources Planning Commission, the Health
Services Cost Review Commission, and the Health Care Access and Cost Commission to
cooperate with each other in a certain manner, conduct certain meetings, and submit
certain reports; altering the procedure by which the Health Resources Planning
Commission reviews and reaches decisions on certain applications for certificates of
need; requiring certain ambulatory surgical facilities to obtain a certificate of need
from the Commission under certain circumstances; providing that hospital based
ambulatory surgical capacity may bo relocated to establish an ambulatory surgical
facility without obtaining a certificate of need under certain circumstances; altering
the requirement that the Commission hold an evidentiary hearing in accordance

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