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Maryland Register
Issue Date: February 10, 2023 Volume 50 • Issue 3 • Pages 81 — 110
Governor Judiciary Regulations General Notices
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 23, 2023 5 p.m.
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of January 23, 2023. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State |
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Information About the Maryland Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE MARYLAND
REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND REGULATIONS
(COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted,
Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf.
This table lists the regulations in numerical order, by their COMAR number,
followed by the citation to the Maryland Register in which the change occurred.
The Maryland Register serves as a temporary supplement to COMAR, and the two
publications must always be used together. A Research Guide for Maryland
Regulations is available. For further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are $15.00
per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested
persons may participate in the process by which administrative regulations are
adopted, amended, or repealed, and may also initiate the process by which the
validity and applicability of regulations is determined. Listed below are some
of the ways in which citizens may participate (references are to State Government
Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG
§10-123)
• By petitioning an agency to issue a declaratory
ruling with respect to how any regulation, order, or statute enforced by the
agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland Register (ISSN
0360-2834). Postmaster: Send
address changes and other mail to: Maryland Register, State House, Annapolis,
Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes
published quarterly, by the State of Maryland, Division of State Documents,
State House, Annapolis, Maryland 21401. The subscription rate for the Maryland
Register is $225 per year (first class mail). All subscriptions post-paid to
points in the U.S. periodicals postage paid at Annapolis, Maryland and additional
mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor,
Maryland Register and COMAR; Elizabeth
Ramsey, Editor, COMAR Online, and Subscription Manager;
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All
products purchased are for individual use only. Resale or other compensated transfer
of the information in printed or electronic form is a prohibited commercial
purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).
By purchasing a product, the buyer agrees that the purchase is for individual
use only and will not sell or give the product to another individual or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ....................................................................... 84
COMAR Research Aids
Table of Pending Proposals ............................................................. 85
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
09 Maryland Department of Labor ........................................... 92
10 Maryland Department of Health .......................................... 94
11 Department of Transportation ............................................ 103
15 Maryland Department of Agriculture ................................ 104
26 Department of the Environment ........................................ 106
33 State Board of Elections ...................................................... 90
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
Standards of Conduct for Executive
Branch Employees
DISCIPLINARY
PROCEEDINGS .................................... 89
Proposed Action on
Regulations
09 MARYLAND DEPARTMENT OF LABOR
General Regulations .................................................................
10 MARYLAND DEPARTMENT OF HEALTH
Home and Community-Based Options
Waiver .......................
Opening and Closing of Pharmacies
HEALTH
SERVICES COST REVIEW COMMISSION
Rate Application and Approval
Procedures
NATALIE
M. LAPRADE MEDICAL CANNABIS
COMMISSION
Patient and Caregiver Identification
Cards
Medical Cannabis Grower License
Medical Cannabis Growing Controls
Complaints, Adverse Events, and
Recall
Registration of Ancillary Businesses
and Security Guard
Agencies
Medical Cannabis Processor License
Medical Cannabis Processor Agent
Medical Cannabis Processor Premises
Medical Cannabis Processor Operations
..................................
Medical Cannabis Concentrates and
Medical Cannabis-
Infused Products
Medical Cannabis Dispensary License ....................................
Licensed Dispensary Operations
11 DEPARTMENT OF TRANSPORTATION
MOTOR
VEHICLE ADMINISTRATION—COMMERCIAL
MOTOR VEHICLES
GENERAL
INSTRUCTIONAL PROGRAMS
Administration of Home and Hospital
Teaching for
Students
Notice of Change to Opportunity for Public
Comment
15 MARYLAND DEPARTMENT OF AGRICULTURE
Urban Agriculture Water and Power
Infrastructure Grant
Program
REGULATION
OF WATER SUPPLY, SEWAGE DISPOSAL,
AND SOLID WASTE, AND RECYCLABLE
MATERIALS
Quality of Drinking Water in Maryland
..................................
DOIT
RADIO CONTROL BOARD MEETING
STATE
FIRE PREVENTION COMMISSION
MARYLAND
HEALTH BENEFIT EXCHANGE
MARYLAND
INSURANCE ADMINISTRATION
MARYLAND
STATE LOTTERY AND GAMING CONTROL
AGENCY
MARYLAND
HEALTH CARE COMMISSION
OFFICE
OF MINORITY BUSINESS ENTERPRISE
SPORTS
WAGERING APPLICATION REVIEW
COMMISSION
GOVERNOR’S
WORKFORCE DEVELOPMENT BOARD
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of
regulations is available and searchable. Note, however, that the printed COMAR
continues to be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division
of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local publications.
Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2023†
|
Issue |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
2023 |
|||
|
February 24 |
February 6 |
February 13 |
February 15 |
|
March 10 |
February 17** |
February 27 |
March 1 |
|
March 24 |
March 6 |
March 13 |
March 15 |
|
April 7 |
March 20 |
March 27 |
March 29 |
|
April 21 |
April 3 |
April 10 |
April 12 |
|
May 5 |
April 17 |
April 24 |
April 26 |
|
May 19 |
May 1 |
May 8 |
May 10 |
|
June 2 |
May 15 |
May 22 |
May 24 |
|
June 16 |
May 26** |
June 5 |
June 7 |
|
June 30 |
June 12 |
June 16 ** |
June 21 |
|
July 14 |
June 26 |
July 3 |
July 5 |
|
July 28 |
July 10 |
July 17 |
July 19 |
|
August 11 |
July 24 |
July 31 |
August 2 |
|
August 25 |
August 7 |
August 14 |
August 16 |
|
September 8 |
August 21 |
August 28 |
August 30 |
|
September 22 |
September 1** |
September 11 |
September 13 |
|
October 6 |
September 18 |
September 25 |
September 27 |
|
October 20 |
October 2 |
October 6** |
October 11 |
|
November 3 |
October 16 |
October 23 |
October 25 |
|
November 17 |
October 30 |
November 6 |
November 8 |
|
December 1 |
November 13 |
November 20 |
November 22 |
|
December 15 |
November 27 |
December 4 |
December 6 |
|
December 29 |
December 11 |
December 18 |
December 20 |
† Please
note that this table is provided for planning purposes and that the Division of
State Documents (DSD) cannot guarantee submissions will be published in an
agency’s desired issue. Although DSD strives to publish according to the
schedule above, there may be times when workload pressures prevent adherence to
it.
* Also note that proposal deadlines are for
submissions to DSD for publication
in the Maryland Register and do not take into account the 15-day AELR review
period. The due date for documents containing 8 to 18 pages is 48 hours before
the date listed; the due date for documents exceeding 18 pages is 1 week before
the date listed.
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW
ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.
** Note closing date changes.
The regular closing date for Proposals and
Emergencies is Monday.
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed
This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.
Table of Pending Proposals
The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.
05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.20.05.01—.12 •
49:25 Md. R. 1054 (12-2-22)
07 DEPARTMENT OF HUMAN
SERVICES
07.02.01.10 • 49:9 Md. R. 532
(4-22-22)
08 DEPARTMENT OF NATURAL
RESOURCES
08.02.04.11 •
49:15 Md. R. 742 (7-15-22)
49:18 Md. R. 855 (8-26-22) (err)
08.03.09.11 •
50:2 Md. R. 52 (1-27-23)
08.18.12.05 • 49:27 Md. R. 1113 (12-30-22)
08.18.26.06 •
50:1 Md. R. 10 (1-13-23)
09 MARYLAND DEPARTMENT OF LABOR
09.01.12.01—.08 • 50:2 Md. R. 55 (1-27-23)
09.09.03.03 • 49:25 Md. R. 1057 (12-2-22)
09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)
09.12.50.02,.02-1,.03 • 50:2 Md. R. 55 (1-27-23)
(ibr)
09.12.51.04 • 50:2 Md. R. 55 (1-27-23)
09.12.57.01,.02 • 50:2 Md. R. 62 (1-27-23) (ibr)
09.12.58.03,.04 • 50:2 Md. R. 63 (1-27-23) (ibr)
09.12.81.02 • 50:1 Md. R. 11 (1-13-23) (ibr)
09.19.02.04 • 50:3 Md. R. 91 (2-10-23)
09.22.01.13 • 50:3 Md. R. 92 (2-10-23)
09.22.04.01—.10 • 50:3 Md. R. 92 (2-10-23)
09.32.12.01—.05 • 49:17 Md. R. 798 (8-12-22)
09.37.05.01—.08 •
49:26 Md. R. 1083 (12-16-22)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
10.09.02.01,.03—.05,.07—.09,.11
• 50:1 Md. R. 11 (1-13-23) (ibr)
10.09.05.01,.03—.07
• 49:27 Md. R. 1113 (12-30-22)
10.09.21.02—.04,.06
• 50:2 Md. R. 64 (1-27-23)
10.09.31.01,.03—.06
• 49:22 Md. R. 982 (10-21-22)
10.09.40.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)
10.09.46.01,.04,.05,.09-1,.12
• 50:2 Md. R. 65 (1-27-23)
10.09.49.03—.10 •
49:24 Md. R. 1028 (11-18-22)
10.09.52.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.54.01,.04,.14,.16,.17,.22
• 50:3 Md. R. 94 (2-10-23)
10.09.55.03,.06 •
49:27 Md. R. 1115 (12-30-22)
10.09.76.01,.03,.05
• 50:1 Md. R. 13 (1-13-23)
10.09.77.01,.03—.07,.10
• 50:1 Md. R. 21 (1-13-23)
10.09.95.05 • 49:23 Md. R. 999 (11-4-22)
10.09.96.01,.02,.05,.06
• 49:24 Md. R. 1028 (11-18-22)
Subtitles 10—22 (3rd volume)
10.15.07.01 • 49:27 Md. R. 1116
(12-30-22) (ibr)
10.21.01.04,.08 • 49:23 Md. R.
1000 (11-4-22)
Subtitles 23—36 (4th volume)
10.28.01.01—.06 •
49:26 Md. R. 1084 (12-16-22)
10.32.01.03 •
49:16 Md. R. 768 (7-29-22)
10.32.02.03 •
49:16 Md. R. 768 (7-29-22)
10.32.02.10 • 49:16 Md. R. 769 (7-29-22)
10.34.14.01,.03..03-1
• 50:3 Md. R. 96 (2-10-23)
Subtitles 37—52 (5th volume)
10.37.01.02 •
50:2 Md. R. 67 (1-27-23) (ibr)
10.37.10.03,.04,.05
• 50:3 Md. R. 97 (2-10-23)
10.37.10.26 • 49:18 Md. R. 822 (8-26-22)
10.38.13.01—.06 •
50:1 Md. R. 22 (1-13-23)
10.40.12.01—.06 • 49:26 Md. R. 1085 (12-16-22)
10.41.06.01—.06 • 49:26 Md. R. 1087 (12-16-22)
10.42.10.01—.06 • 49:26 Md. R. 1088 (12-16-22)
10.43.17.01—.06 •
50:2 Md. R. 68 (1-27-23)
10.46.08.01—.06 •
49:27 Md. R. 1116 (12-30-22)
10.47.07.02—.05-1,.07—.09
• 50:1 Md. R. 24 (1-13-23)
Subtitles 53—68 (6th volume)
10.56.10.01—.06 •
49:27 Md. R. 1117 (12-30-22)
10.58.06.01—.06 •
49:26 Md. R. 1090 (12-16-22)
10.58.16.02,.13—.19
• 49:26 Md. R. 1090 (12-16-22)
10.60.01.01 •
50:1 Md. R. 26 (1-13-23)
10.60.02.06 •
50:1 Md. R. 26 (1-13-23)
10.60.03.01 •
50:1 Md. R. 26 (1-13-23)
10.60.06.01 •
50:1 Md. R. 26 (1-13-23)
10.62.01.01 •
50:3 Md. R. 98 (2-10-23)
10.62.06.01,.02 •
50:3 Md. R. 98 (2-10-23)
10.62.08.07,.08,.14
• 50:3 Md. R. 98 (2-10-23)
10.62.09.05 •
50:3 Md. R. 98 (2-10-23)
10.62.11.02,.04 •
50:3 Md. R. 98 (2-10-23)
10.62.12.06,.09 •
50:3 Md. R. 98 (2-10-23)
10.62.17.01 •
50:3 Md. R. 98 (2-10-23)
10.62.18.10 •
50:3 Md. R. 98 (2-10-23)
10.62.19.07,.12 •
50:3 Md. R. 98 (2-10-23)
10.62.20.05 •
50:3 Md. R. 98 (2-10-23)
10.62.21.06 •
50:3 Md. R. 98 (2-10-23)
10.62.22.03,.05,.06
• 50:3 Md. R. 98 (2-10-23)
10.62.23.02,.03,.07
• 50:3 Md. R. 98 (2-10-23)
10.62.25.08,.10,.13
• 50:3 Md. R. 98 (2-10-23)
10.62.26.05 •
50:3 Md. R. 98 (2-10-23)
10.62.28.03,.05,.06
• 50:3 Md. R. 98 (2-10-23)
10.62.30.03—.05,.08
• 50:3 Md. R. 98 (2-10-23)
10.62.33.06 •
50:3 Md. R. 98 (2-10-23)
10.65.10.01—.06 •
50:2 Md. R. 69 (1-27-23)
10.67.06.04 •
50:2 Md. R. 64 (1-27-23)
10.67.06.26-6 •
49:22 Md. R. 982 (10-21-22)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 01—10
11.01.18.01—.06 • 49:27 Md. R.
1118 (12-30-22)
11.02.06.01,.02 • 49:26 Md. R.
1092 (12-16-22)
11.03.01.01,.04 • 49:25 Md. R.
1057 (12-2-22)
Subtitles 11—23 (MVA)
11.21.01.02,.04-1,.04-2,.04-4,.04-5,.07,.08,
.11—.13 • 50:3 Md. R. 103
(2-10-23)
12 DEPARTMENT OF PUBLIC
SAFETY AND CORRECTIONAL SERVICES
12.04.11.01—.08 • 50:1 Md. R. 28
(1-13-23)
13A STATE BOARD OF EDUCATION
13A.03.02.02,.04,.06,.07,.09,.09-1
• 49:9 Md. R. 533 (4-22-22)
13A.03.05.02—.04 • 49:26 Md. R. 1093 (12-16-22)
50:3 Md. R. 103 (2-10-23) (corr)
13A.06.10.01—.05
• 49:26 Md. R. 1093 (12-16-22)
13A.07.06.01—.15
• 49:1 Md. R. 39 (1-3-22) (ibr)
13A.08.01.01 •
49:26 Md. R. 1095 (12-16-22)
13A.12.01.01—.14 • 49:2 Md. R. 92 (1-14-22)
13A.12.02.01—.29 • 49:2 Md. R. 92 (1-14-22)
13A.12.03.01—.12 • 49:2 Md. R. 92 (1-14-22)
13A.12.04.01—.16 • 49:2 Md. R. 92 (1-14-22)
13A.12.05.01—.15 • 49:2 Md. R. 92 (1-14-22)
13A.12.06.01—.09 • 49:2 Md. R. 92 (1-14-22)
13A.12.07.01—.08 • 49:2 Md. R. 92 (1-14-22)
13A.15.01.02 •
49:24 Md. R. 1032 (11-18-22)
13A.15.04.03 •
49:24 Md. R. 1032 (11-18-22)
13A.15.13.01—.10
• 49:24 Md. R. 1032 (11-18-22)
13A.15.14.01—.09 • 49:24 Md. R. 1032 (11-18-22)
13A.15.15.01—.08 • 49:24 Md. R. 1032 (11-18-22)
13A.15.16.01—.04
• 49:24 Md. R. 1032 (11-18-22)
13B MARYLAND HIGHER
EDUCATION COMMISSION
13B.08.01.02 •
49:16 Md. R. 772 (7-29-22)
13B.08.13.03 •
49:17 Md. R. 802 (8-12-22)
13B.08.14.02,.06,.07
• 49:17 Md. R. 803 (8-12-22)
14 INDEPENDENT AGENCIES
14.04.09.01—.04 •
49:9 Md. R. 536 (4-22-22)
14.09.04.03 •
50:1 Md. R. 30 (1-13-23)
14.22.01.09—.11 •
50:1 Md. R. 32 (1-13-23)
14.22.02.02 •
50:1 Md. R. 32 (1-13-23)
14.40.04.01—.03 • 50:2 Md. R. 70 (1-27-23)
14.40.05.03,.04 • 50:2 Md. R. 71 (1-27-23)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.01.20.01—.11 •
50:3 Md. R. 104 (2-10-23)
15.03.01.02 •
49:18 Md. R. 832 (8-26-22) (ibr)
15.03.02.01 •
49:18 Md. R. 832 (8-26-22) (ibr)
15.14.10.02,.05 •
49:20 Md. R. 920 (9-23-22)
15.14.16.02—.04 •
49:20 Md. R. 921 (9-23-22)
20 PUBLIC SERVICE
COMMISSION
20.50.02.02 • 49:25 Md. R. 1058 (12-2-22) (ibr)
20.50.09.01,.06,.14
• 49:26 Md. R. 1095 (12-16-22)
21 STATE PROCUREMENT
REGULATIONS
21.11.11.01,.06,.07 • 50:2 Md. R.
72 (1-27-23)
26 DEPARTMENT OF THE
ENVIRONMENT
Subtitles 01—07 (Part 1)
26.04.01.01,.01-1,.20,.37 • 50:3
Md. R. 106 (2-10-23) (ibr)
26.04.12.01—.07 • 50:2 Md. R. 73
(1-27-23)
Subtitles 08—12 (Part 2)
26.11.19.20 •
49:27 Md. R. 1119 (12-30-22)
26.11.42.01—.11 •
49:27 Md. R. 1119 (12-30-22) (ibr)
27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL
BAYS
27.01.01.01 •
49:25 Md. R. 1062 (12-2-22)
27.01.02.06-1,.06-3
• 49:25 Md. R. 1062 (12-2-22)
27.01.04.01,.01-1,.02,.03
• 49:25 Md. R. 1062 (12-2-22)
27.01.09.01,.01-2,.01-3
• 49:25 Md. R. 1062 (12-2-22)
27.01.14.06 •
49:25 Md. R. 1062 (12-2-22)
27.02.01.01 •
49:25 Md. R. 1062 (12-2-22)
27.02.05.05,.15-3
• 49:25 Md. R. 1062 (12-2-22)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.08.05.13 •
50:1 Md. R. 37 (1-13-23)
33 STATE BOARD OF
ELECTIONS
33.01.07.01—.06 •
49:9 Md. R. 537 (4-22-22)
(Rescinds Executive Order 01.01.2015.08)
Standards of Conduct for Executive Branch Employees
WHEREAS, Those who enter public service in the State of Maryland do so as a public trust and have a duty to maintain the highest standards of integrity and honesty in Government service;
WHEREAS, Public service requires employees to place loyalty to ethical principles and the laws and Constitution of the State of Maryland above personal or private gain;
WHEREAS, The citizens of Maryland deserve a Government where State business is conducted truthfully and honestly, free of the existence or the perception of any corruption or misconduct;
WHEREAS, Any unethical or criminal behavior on the part of any State employee or State contractor must be promptly reported to the appropriate authorities for investigation; and
WHEREAS, All Maryland State employees, regardless of position or pay, and all State contractors should act in accordance with the letter and spirit of the laws and regulations of the State.
NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.2015.08 AND PROCLAIM MY FIRST EXECUTIVE ORDER, WHICH IS APPLICABLE TO MYSELF AND LIEUTENANT GOVERNOR ARUNA MILLER, AND IS EFFECTIVE IMMEDIATELY:
A. Employees shall exhibit exemplary conduct and use honest efforts in the performance of their duties.
B. An employee shall not, except as permitted by applicable law or regulation, solicit, or accept any gift or other item of monetary value from any person or entity seeking official action from, doing business with, or conducting activities regulated by the employee’s agency, or whose interests may be substantially affected by the performance or nonperformance of the employee’s duties.
C. Employees shall not hold financial interests that conflict with the conscientious performance of duty.
D. Employees shall not knowingly make unauthorized commitments or promises of any kind purporting to bind the Government.
E. Employees shall not engage in financial transactions using nonpublic Government information or allow the improper use of such information to further any private interest.
F. Employees shall act impartially in all their affairs and shall not give preferential treatment to any private organization or individual.
G. Employees shall protect and conserve State property and shall not use it for other than authorized activities.
H. Employees shall not engage in outside employment or activities, including seeking or negotiating for employment, which conflict with official Government duties and responsibilities.
I. Employees shall disclose waste, fraud, abuse, and corruption to the appropriate authorities.
J. Employees shall satisfy in good faith their obligations as citizens, including all just financial obligations, including federal, State, or local taxes that are imposed by law.
K. Consistent with all applicable laws, all employees shall be treated with dignity and respect and shall not be discriminated against on the basis of race, color, creed, religion, ancestry, national origin, sex, age, marital status, sexual orientation, gender identity or expression, disability, or genetic information.
L. Employees shall endeavor to avoid any actions creating the appearance that they are violating applicable law or the ethical standards in applicable regulations.
M. Employees shall conduct intra-agency and interagency relations with civility, collaboration, and cooperation. These same principals shall apply to interactions with officials and employees of the legislative and judicial branches.
N. Upon leaving State service, executive branch employees shall be bound by the restrictions of the Annotated Code of Maryland, General Provisions §5-504, with respect to lobbying and other forms of representation.
O. All departments and agencies of the State shall immediately refer to the Principal Counsel or the Assistant Attorney General of the department or agency or to the Deputy Attorney General with supervisory responsibility for the Attorney General’s Criminal Investigations Division, any instance of possible criminal or unethical conduct by any employee or contractor of this State, for such action as the Office of the Attorney General deems appropriate. All departments and agencies shall also immediately advise the Chief Legal Counsel to the Governor of any such referrals.
P. All departments and agencies shall require each employee to report to the Secretary or Director of such department or agency as to any arrest of an employee and as to each legal proceeding in which an employee is involved, as a party or otherwise, if the arrest or legal proceeding affects, or reflects on, the employee’s job fitness or performance.
Q. Consistent with all applicable substantive and procedural laws, violations of this Executive Order are grounds for employee disciplinary action, including termination from State employment.
GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 19th day of January, 2023.
WES MOORE
Governor
ATTEST:
SUSAN LEE
Acting Secretary of State
[23-03-01]
The JudiciarySUPREME COURT OF MARYLAND
This is to certify that by an Order of this Court dated January 20, 2023, STEPHEN LAWRENCE SNYDER (CPF# 7012010176), as of January 20, 2023, Stephen Lawrence Snyder’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated January 23, 2023, EVAN J. KRAME (CPF# 9106030013), as of January 23, 2023, Evan J. Krame has been suspended, effective nunc pro tunc to November 19, 2021, and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
* * * * * * * * * *
This is to certify that by an Order of this Court dated January 24, 2023, HARRY TUN (CPF# 0512200006), as of January 24, 2023, Harry Tun has been disbarred by consent and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
[23-03-12]
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 33
STATE BOARD OF ELECTIONS
33.11.04 Canvass of Ballots—Procedures
Authority: Election Law Article, §§2-102(b)(4), 9-303, 11-301, and 11-302, Annotated Code of Maryland
Notice of Final Action
[22-195-F]
On January 19, 2023, the State Board of Elections adopted amendments to Regulation .04 under COMAR 33.11.04 Canvass of Ballots—Procedures. This action, which was proposed for adoption in 49:25 Md. R. 1065 (December 2, 2022), has been adopted as proposed.
Effective Date: February 20, 2023.
LINDA H. LAMONE
State Administrator of Elections
Proposed Action on Regulations
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 19 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS — REAL ESTATE APPRAISERS
09.19.02 Educational Requirements
Authority: Business Occupations and Professions Article, §§16-216, 16-220, 16-302(g), 16-308, 16-309, and 16-5A-01, Annotated Code of Maryland
Notice of Proposed Action
[22-253-P]
The Commission of Real Estate Appraisers, Appraisal Management
Companies, and Home Inspectors proposes to amend Regulation .04 under COMAR 09.19.02 Education Requirements. This action was considered
at a public meeting of the Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors held on August 30, 2022, notice of
which was provided by posting on the Commission of Real Estate Appraisers,
Appraisal Management Companies, and Home Inspectors’ website pursuant to
General Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to require licensed and certified real estate appraisers to complete some portion of the continuing education required as a condition of license or certificate renewal in subject matter dedicated to racial discrimination, implicit bias, or appraisal bias in appraisal practice, in response to the increasing number of instances of appraisal and racial bias in appraisal practice.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Todd Blackistone, Executive Director, Department of Labor, 1100 N. Eutaw Street, Baltimore, MD 21202, or call 410-230-6165, or email to todd.blackistone@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
.04 Continuing Education.
A. (text unchanged)
B. [Requirements for Appraisal Standards of Conduct and Ethics] Required Subject Matter for Continuing Education.
(1) Required Continuing Education in Professional Appraisal Standards, Ethics, Fair Housing, Discrimination, and Bias.
(a) Effective January 1, 2003, all currently licensed
appraisers, certified appraisers, and appraiser trainees, at least once every 2
calendar years, shall successfully complete the 7-hour national Uniform
Standards of Professional Appraisal Practice (USPAP) update course, or its
equivalent as determined by the Appraiser Qualifications Board (AQB) of the
Appraisal Foundation.
(b) Effective November 1, 2023, any currently licensed
appraiser, certified appraiser, and appraiser trainee applying for license or
certificate renewal shall successfully complete during the preceding 3-year
license cycle a minimum of 3
hours of appraisal education related to racial discrimination and implicit
bias.
(2) The course required by §B(1)(a) of this regulation shall be taken from an instructor who is:
(a)—(b) (text unchanged)
C. (text unchanged)
D. The Commission may not approve a continuing education course unless the course:
(1)—(2) (text unchanged)
(3) Covers real estate appraisal-related topics, including but not limited to:
(a)—(n) (text unchanged)
(o) Seller concessions and impact on value; [and]
(p) Energy efficient items and “green building” appraisals[.];
(q) Training in racial discrimination; and
(r) Training in implicit bias
or appraisal bias.
E.—G. (text unchanged)
ANATOL POLILLO
Chairman
Commission of Real Estate Appraisers, Appraisal
Management Companies, and Home Inspectors
Subtitle 22 BOARD OF COSMETOLOGISTS
Authority: Business Occupations and Professions Article, §§5-205 and 5-311, Annotated Code of Maryland
Notice of Proposed Action
[22-287-P]
The Secretary of Labor proposes to amend Regulation .13 under COMAR 09.22.01 General Regulations. This action was considered at
an opening meeting and the Board voted to approve this action on December 5,
2022.
Statement of Purpose
The purpose of this action is to amend regulations to require an individual renewing a license from the State Board of Cosmetologists to complete at least 6 credit hours of continuing education, to conform with the requirement of Ch. 784 (H.B. 1600), Acts of 2017.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Renee Robertson, Education Coordinator, Board of Cosmetologists, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6216, or email to renee.robertson@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
.13 Renewals.
A.—E. (text unchanged)
F. Prior to the expiration of each 2-year term, a licensee shall
provide proof of satisfactory completion of continuing education requirements.
TAMMY
EHRBAKER
Chair
Board of Cosmetologists
Subtitle 22 BOARD OF COSMETOLOGISTS
Authority: Business Occupations and Professions Article, §§5-205
and 5-311, Annotated Code of Maryland
Notice of Proposed Action
[22-289-P]
The Department of Labor proposes to adopt new Regulations .01—.10 under a new chapter, COMAR 09.22.04 Continuing Education. This action was considered at an opening meeting and the Board voted to approve this action on December 5, 2022.
Statement of Purpose
The purpose of this action is to amend and adopt regulations to require an individual renewing a license from the State Board of Cosmetologists to complete at least 6 credit hours of continuing education. This action is to address the requirement of Ch. 784 (H.B. 1600), Acts of 2017.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Renee Robertson, Education Coordinator, Board of Cosmetologists, Maryland Department of Labor, 1100 N. Eutaw Street, 5th Floor, Baltimore, MD 21201, or call 410-230-6216, or email to renee.robertson@maryland.gov. Comments will be accepted through February 13, 2023. A public hearing has not been scheduled.
.01 Purpose.
The State legislature has determined that it is in the best
interest of the public to require licensed cosmetologists to comply with the
continuing professional competency requirements as a prerequisite for the
renewal of a license.
.02 Definitions.
A. In this chapter, the following terms
have the meanings indicated.
B. Terms Defined.
(1) “Approved continuing education course” means a course
approved by the Maryland Board of Cosmetologists.
(2) “Board” means the Maryland Board of Cosmetologists.
(3) “Classroom instruction” means the art or science of teaching
in a space:
(a) That is exclusively used for teaching during periods of
instruction;
(b) That is conducive to learning; and
(c) Where an assigned instructor is present.
(4) Contact Hour
(a) “Contact hour” means a period of 60 minutes in which actual
learning takes place.
(b) “Contact hour” does not include
(i) A portion of the program devoted to registration, breaks, or
meals; or
(ii) Fractions of an hour.
(5) “Continuing education course” means the basic measurement
for a licensee’s direct participation in continuing education, consisting of 6
contact hours.
(6) “Continuing education course related to cosmetology” means a
course that covers one or more of the following topics:
(a) Board Laws and Regulations (1 to 2
hours);
(b) Elective topics (1 to 4 hours);
(c) Health (1 to 2 hours);
(d) Safety (1 to 2 hours); or
(e) Welfare (1
to 2 hours).
(7) “Course” means classroom or distance learning instruction of
1 clock hour, but not more than 6 clock hours.
(8) “Course provider” means someone who is qualified to conduct
continuing education courses in accordance with Business Occupations and
Professional Article, §5-205(c)(2), Annotated Code of Maryland.
(9) Distance Learning Instruction.
(a) “Distance learning instruction” means the art or science of
teaching where:
(i) The instructor and student may be separated by distance and
time;
(ii) Equipment may be needed to communicate the content; or
(iii) The content is specifically developed for this form of
instruction.
(b) “Distance learning instruction” includes any other delivery
system approved by the Board.
(10) “Instructor” means an individual engaged by a course
provider to teach a continuing education course.
(11) “License” means, unless the context requires otherwise, a
license issued by the Board.
(12) “Licensee” means an individual awarded a license by the
Board and includes a:
(a) Cosmetologist;
(b) Limited Blow Dry
Stylist;
(c) Limited
Esthetician;
(d) Limited Hair
Stylist;
(e) Limited Nail
Technician; and
(f) Senior
Cosmetologist.
.03 Requirements.
A. Licensee Requirements.
(1) A licensee shall complete, as a condition for a license
renewal, a minimum 6 credit hours of approved continuing education.
(2) A licensee shall provide proof of completion of continuing
education courses by uploading the documentation to the Board’s website as
provided by the Department.
B. Course Provider Requirements.
(1) A course provider shall get approval from the Maryland Board
of Cosmetologists’ designee or Education Coordinator.
(2) The course provider shall submit grades for continuing
education courses by uploading the documentation to the Board’s website as provided
by the Department.
.04 Course Provider Fees.
Fees charged by the Board are as follows:
A. Course providers shall pay a nonrefundable fee for each
continuing education provider application.
B. Providers shall pay a nonrefundable fee for each continuing
education course approval application.
.05 Course Content.
A. The Board may approve continuing education courses that
include, but are not limited to, the following topics:
(1) Business;
(2) Communicable and infectious disease control;
(3) The practice of cosmetology, esthetics, and nail techniques;
(4) Ethics and standards of professional practice;
(5) Occupational health and safety;
(6) Product knowledge;
(7) Sanitation; and
(8) State of Maryland laws and regulations.
B. The subject matter of the course shall meet the following
requirements:
(1) Address the protection of health and safety of the general
public;
(2) Enable the licensee to serve the objectives of the consumer
in a cosmetology transaction; or
(3) Enable the licensee to develop competency and
professionalism in a changing marketplace.
C. The course shall meet the following criteria:
(1) Cover the topic area cited in the applications;
(2) Have an outline detailing the sequence of topics and the
amount of time allotted to each topic;
(3) Content may not be materially changed without prior written
approval of the Board; and
(4) Consist of at least 1 clock hour.
.06 Facilities.
Each classroom in which courses are given shall:
A. Meet all fire, safety, zoning, and Americans with
Disabilities Act (ADA) requirements;
B. Be of sufficient size to comfortably accommodate all enrolled
students;
C. Provide an appropriate learning environment; and
D. Be free of distractions that would disrupt class sessions.
.07 Conduct of Courses.
A. Scheduling.
(1) The maximum permissible class session without a break is 90
minutes.
(2) A course scheduled for more than 4 hours in a single day
shall include a meal break of at least 30 minutes, but not more than 90
minutes.
(3) A course shall begin promptly at the scheduled time.
B. Records.
(1) The course provider shall require each licensee to show
photo identification in order to be admitted to a class for which the licensee
has enrolled.
(2) The course provider shall maintain a sign-in sheet
containing:
(a) The printed names and the signatures of all enrolled
licensees on their arrival; and
(b) Notation by the instructor or monitor of the beginning and
end times of any absences of the licensee from the class during the
instructional period.
(3) The course provider shall give each student at check-in a
copy of the continuing education student information sheet furnished to the
provider by the Board unless the sheet has previously been made available to
students electronically.
C. Monitors.
(1) A monitor is not required if the class consists of 25 or
fewer pre-registered students.
(2) Monitors are required under the following conditions:
(a) 26 to 50 preregistered students — 1
monitor;
(b) 51 to 100 preregistered students —
2 monitors; and
(c) More than 100 preregistered
students — 1 additional monitor for each additional 100 students.
D. The instructor shall teach the course in substantially the
same manner as that set forth in the outline submitted to the Board.
.08 Distance Learning.
A. The course provider of a distance learning course shall
obtain approval of the technical aspects of a course from an entity recognized
by the Board in the field of technical expertise before submitting the course
to the Board for review of its substance and subject matter.
B. Technical staff:
(1) The course provider’s technical staff may answer student
questions about technical support and delivery method;
(2) The course provider’s technical staff may not answer
questions about content; and
(3) The assigned instructor shall respond to questions from
students about course content within 2 business days.
C. The course provider shall be responsible for establishing
guidelines for the completion of a distance learning course and any specific
components of the course.
D. A distance learning instruction course shall include the
following requirements:
(1) The student shall complete the instructional module or
modules and receive a passing grade on a final examination administered and
graded by the approved provider;
(2) The passing grade shall be 75 percent or higher; and
(3) If a student fails initially to achieve a passing score on a
final exam, the student shall successfully pass the examination within the
period set by the course provider in order to use the course for credit toward
the continuing education requirement.
E. Student Affirmation.
(1) The course provider shall be responsible for obtaining from
each student who has completed a distance learning course an affirmation that
states, “I (name of student) affirm that I have personally completed every
requirement of the course and that I have not provided any aspect of the course
to others.”
(2) The course provider may obtain the affirmation described in
§E(1) of this regulation by electronic means.
.09 Audit.
A. The Board shall conduct random audits of licensees in
conjunction with license renewal requirements.
B. The Board shall send an audit letter at the close of the
renewal period to licensees subject to audit.
.10 Penalties.
A licensee who submits false continuing education documentation
at the time of license renewal shall be subject to any and all available
disciplinary action available pursuant to Business Occupations and Professional
Article, §5-314, Annotated Code of Maryland.
TAMMY EHRBAKER
Chair
Board of Cosmetologists
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.54 Home and Community-Based Options Waiver
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, [and] 15-132, and 15-141.2, Annotated Code of Maryland
Notice of Proposed Action
[22-345-P]
The Secretary of Health proposes to amend Regulations .01, .04, .14, .16, .17, and .22 under COMAR 10.09.54 Home and Community-Based
Options Waiver.
Statement of Purpose
The purpose of this action is to clarify coverage for services provided via telehealth to Medicaid participants by Home and Community-Based Options Waiver (HCBOW) providers, in accordance with Ch. 71 (S.B. 3), Acts of 2021, Preserve Telehealth Access Act of 2021. Additionally, the proposed action adds the HCBOW services fee schedule to the payment procedures regulation.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action establishes reimbursement rates for existing Home and Community-Based Options Waiver (HCBOW) services covered under this chapter, including a 12 percent rate increase provided pursuant to the Fiscal Year (FY) 2023 budget. The total impact of this rate increase on the FY 2023 budget is $4,154,764.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On Issuing agency: |
|
|
|
Maryland Department of Health |
(E+) |
$4,154,764 |
|
B. On other state agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit (+) Cost (-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Maryland Medicaid providers |
(+) |
$4,154,764 |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A and D. This amount assumes:
(1) The FY 2022 quarterly cost for HCBOW services was $8,655,759. The program assumes that FY 2022 utilization will remain consistent.
(2) Effective July 1, 2022, the new quarterly cost will be $9,694,450. This reflects a quarterly total cost difference of $1,038,691.
(3) This estimate includes a small number of procedure codes that are shared across specific programs.
(4) The total magnitude, $4,154,764, represents the cost of a 12 percent rate increase and is subject to a 56.2 percent federal match ($2,334,978 federal funds and $1,819,787 general funds).
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
To the extent that Medicaid-enrolled HCBOW providers qualify as small businesses, they will benefit from rate increases.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email to mdh.regs@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
.01 Definitions.
(1)—(28) (text unchanged)
(29) “Telehealth” has the meaning stated in COMAR 10.09.49.02.
[(29)] (30)—[(30)] (31) (text unchanged)
.04 Conditions for Provider Participation — General Requirements.
A. To participate as a provider of a service covered under this chapter, a provider shall:
(1)—(12) (text unchanged)
(13) Apply for a new license if applicable, whenever ownership is
to be transferred from the person or organization named on the license to
another person or organization in time to assure continuity of waiver services;
[and]
(14) Submit a Medicaid provider application to the Department if
the new owner chooses to participate in the waiver program[.];
(15) Render services in person, except as expressly authorized
by the Department in the regulation governing that service type; and
(16) If rendering services via telehealth, comply with COMAR
10.09.49 and any subregulatory guidance issued by the Department.
B.—C. (text unchanged)
.14 Covered Services — Behavior Consultation Services.
A.—B. (text unchanged)
C. Behavior consultation services include a:
(1) Home visit by an individual qualified to render services to:
(a)—(c) (text unchanged)
(d) Recommend interventions and treatments; and
(2) Written report with the results of the provider’s assessment
and recommendations, [to] which shall be reviewed
verbally by the participant, the
participant’s representative and family when applicable, and the participant’s
case manager and caregivers, which may include an assisted living provider[; and], to discuss:
[(3) Verbal review of the report with the participant, the participant’s representative and family when applicable, and the participant’s case manager and caregivers, which may include an assisted living provider to discuss:]
D. (text unchanged)
E. The initial assessment provided in §C of this regulation to
evaluate a participant’s behavior, assess the situation, and determine the
contributing factors shall be performed in person.
F. The verbal review described in §C(2) of this regulation may
be delivered via telehealth if recommendations do not require hands-on training
or intervention.
G. Except as provided in §§E and F of this regulation, behavior
consultation services may be rendered via telehealth.
.16 Covered Services — Family Training.
A.—D. (text unchanged)
E. The initial assessment for training and counseling following
a rehabilitative or hospital stay shall be performed in person.
F. If family members are unable to participate fully in the
service when delivered via telehealth, the provider shall perform the service
in person.
G. Except as provided in §§E and F of this regulation, family
training services may be rendered via telehealth.
.17 Covered Services — Dietitian and Nutritionist Services.
A.—C. (text unchanged)
D. The initial assessment and counseling following a
rehabilitative or hospital stay shall be performed in person.
E. If family members are unable to participate fully in the
service when delivered via telehealth, the provider shall perform the service
in person.
F. Except as provided in §§D and E of this regulation, dietitian
and nutrition services may be rendered via telehealth.
.22 Payment Procedures.
A.—B. (text unchanged)
C. Payments.
(1) (text unchanged)
(2) Providers shall be paid the lesser of:
(a) (text unchanged)
(b) The rate established [according to the fee schedule published by the Department] in §D of this regulation.
D. Rates.
(1) [The Department
shall publish a fee schedule for services covered under this chapter which
shall be publicly available and updated at least annually or upon any changes
made by the Department.] For dates of service beginning July 1, 2022,
fees per unit of service shall be as follows:
(a) Assisted Living Level II, No Medical Day Care: reimbursed at
the maximum rate of $81.57 per day;
(b) Assisted Living Level III, No Medical Day Care: reimbursed
at the maximum rate of $102.94 per day;
(c) Assisted Living Level II, Medical Day Care: reimbursed at
the maximum rate of $61.21 per day;
(d) Assisted Living Level III, Medical Day Care: reimbursed at
the maximum rate of $77.18 per day;
(e) Behavioral Consultation: reimbursed at the maximum rate of
$89.22 per hour;
(f) Case Management—Administrative: reimbursed at the maximum
rate of $83.66 per hour or $20.9138 per 15-minute unit;
(g) Case Management—Comprehensive: reimbursed at the maximum
rate of $83.66 per hour or $20.9138 per 15-minute unit;
(h) Case Management—Ongoing:
reimbursed at the maximum rate of $83.66 per hour or $20.9138 per 15-minute
unit;
(i) Dietitian and Nutritionist Services: reimbursed at the
maximum rate of $89.22 per hour;
(j) Family I/I Training: reimbursed at the maximum rate of
$89.22 per hour;
(k) Medical Day Care Services: reimbursed at the maximum rate of
$104.81 per day; and
(l) Senior Center Plus: reimbursed at the maximum rate of $64.90
per day.
(2) [Effective July 1, 2018, the] The Program’s rates as specified in the Department’s fee schedule shall increase [on July 1 of each year] by [3] 4 percent on July 1 of each year through Fiscal Year 2026, subject to the limitations of the State budget.
DENNIS R.
SCHRADER
Secretary of Health
10.34.14 Opening and Closing of Pharmacies
Authority: Health Occupations Article, §§12-205 and 12-513, Annotated Code of Maryland
Notice of Proposed Action
[22-319-P]
The Secretary of Health proposes to amend Regulations .01 and .03 and adopt new Regulation .03-1
under COMAR 10.34.14 Opening and Closing
of Pharmacies.
Statement of Purpose
The purpose of this action is to comply with statutory requirements by defining a new term and providing exceptions to the requirements as outlined in Ch. 802 (S.B. 298), Acts of 2021, State Board of Pharmacy — Pharmacy Closure — Notice to Customers (The Dennis Robin Act). Specifically, the changes include a definition for “closing of a pharmacy,” provide the procedure for posting a notice of closing, outline the information that must be included in a notice of closing, and increase the amount of time in which a closing inspection may be performed.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposal contains certain notice requirements that mirror requirements in Health Occupation Article, §12-513, Annotated Code of Maryland, and may impose a minor administrative burden on pharmacy operations that intend to close down.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email to mdh.regs@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
[(1) “Cease to operate” means the date on which the last prescription is filled or refilled by a licensed pharmacist.
(2) “Closing” means the date on which the pharmacy permit holder provides to the Board information and documentation required by Regulations .04 and .05 of this chapter.]
(1) “Closing of a pharmacy” means a licensed pharmacy will cease
operations for more than 7 consecutive days, except when:
(a) A licensed pharmacy is destroyed or otherwise rendered
inoperable, and the licensed pharmacy is moving its operations to a temporary
site in accordance with the Board’s regulations; or
(b) A licensed pharmacy is undergoing a change of ownership:
(i) That will not result in any cessation of pharmacy operations
at the location; and
(ii) The anticipated new pharmacy permit holder has submitted a
change of ownership application to the Board at least 30 days prior to the
change of ownership transaction.
[(3)] (2) (text unchanged)
.03 [Information to be Included in] Notification of Closing of a Pharmacy.
A. At least 14 days before a [location’s] licensed pharmacy’s anticipated date of [ceasing to operate as a licensed pharmacy] closing, the pharmacy permit holder shall:
(1) Notify the:
(d) Pharmacy’s
customers who pick up a new or refilled prescription via written and verbal
communication of the anticipated day on which the licensed pharmacy will close;
and
(2) (text unchanged)
B. The notice shall contain the:
(1) Anticipated date of closing;
(2) Name and location of the pharmacy to which the closing
pharmacy will transfer patient prescriptions and records; and
(3) Manner in which a patient may request the closing pharmacy
to send the patient’s prescriptions and records to an alternative pharmacy of
the patient’s choice.
[B.] C. Upon notification by
a pharmacy permit holder of the proposed date on which a licensed pharmacy will
[cease to operate] close,
the Board [shall notify the Board’s agent to schedule the closing
inspection in conjunction with the Board’s agent, if necessary] or its agent shall schedule a closing
inspection to be performed within 14 days, excluding federal and State
holidays, of the pharmacy’s closing.
[C. The Board, or the Board’s agent, shall perform the closing inspection within 72 hours of the pharmacy ceasing to operate.]
.03-1 Notification by
Pharmacy Permit Holder of Anticipated Sale of Pharmacy Operations.
A. At least 30 days before a licensed pharmacy’s sale or
transfer of its pharmacy operations at the permitted establishment, the
pharmacy permit holder shall:
(1) Notify the:
(a) Board in writing by certified mail, return receipt
requested, or hand delivery to the Board’s office; and
(b) Office of Controlled Substances Administration by certified
mail, return receipt requested; and
(2) Request a closing inspection of the pharmacy permit holder’s
pharmacy inventory and records.
B. The notice shall contain:
(1) The anticipated date of the pharmacy permit holder’s sale or
transfer of its pharmacy operations; and
(2) The name of the anticipated purchaser or transferee of the
pharmacy permit holder’s pharmacy operations.
C. Upon notification by a pharmacy permit holder of the proposed
date on which the licensed pharmacy’s operations will be sold or transferred,
the Board or its agent shall schedule a closing inspection of the pharmacy
permit holder’s inventory and records to be performed within 14 days, excluding
State and federal holidays.
D. In the event the purchaser or transferee of the pharmacy’s
operations is not issued a new pharmacy permit by the Board on or prior to the
date of the sale or transfer of the pharmacy operations that results in the
cessation of pharmacy operations, the existing pharmacy permit holder shall
immediately provide notice to the public, posted outside the pharmacy and on
the pharmacy’s website, including:
(1) The anticipated day on which pharmacy operations may resume;
and
(2) The pharmacy permit holder’s contact information for
patients who wish to transfer prescriptions or records to another licensed
pharmacy of the patient’s choice.
DENNIS R.
SCHRADER
Secretary of Health
Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION
10.37.10 Rate Application and Approval Procedures
Authority: Health-General Article, §§19-207, 19-219, 19-220, and 19-222, Annotated Code of Maryland
Notice of Proposed Action
[22-294-P]
The Health Services Cost Review Commission proposes to amend
Regulations .03, .04, and .05 under COMAR 10.37.10
Rate Application and Approval Procedures.
Statement of Purpose
The purpose of this action is to:
(1) Regulation .03: Establish a moratorium on the filing of full rate applications until the data used to evaluate a full rate application has no longer been substantially affected by the COVID pandemic. The pandemic has resulted in, among other things, changes in revenue, expenses, volume, and mix of patients resulting in unusually long lengths of stay, changes to the normal discharge practices, an unclear revenue picture due to federal funding during the pandemic, and the adoption of telehealth as a common practice in interacting with patients. During the moratorium, hospitals will be able to avail themselves of other administrative remedies available under Commission law, regulation, or policy. The moratorium will not extend beyond June 30, 2023.
(2) Regulation.04: Clarify that the Commission may examine the historical financial experience of a hospital since the advent of the All-Payer Model in February 2014 in conducting a full review of a hospital’s rates rather than focusing exclusively on a smaller snapshot of the hospital’s financial performance.
(3) Regulation .05: Update the standard for a temporarily approved rate to be used by the Commission.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Dennis Phelps, Deputy Director, Audit and Compliance, Health Services Cost Review Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-2605, or email to dennis.phelps@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
.03 Regular Rate Applications.
A. [A hospital may file a regular (i.e., full) rate application with the Commission at any time if:
(1) The rates being requested are not the subject of a hospital-instituted case pending before the Commission; or
(2) The subject hospital has not obtained rates through the
issuance of a Commission rate order following a regular rate application within
the previous 365 days.] A hospital may not file a full rate
application with the Commission until the Commission staff is able to determine
through analysis that the data used to evaluate a full rate application has not
been substantially affected by the COVID pandemic. During this interim period,
a hospital may seek a rate adjustment under any other administrative remedy
available to it under existing Commission law, regulation, or policy. In no
event shall this moratorium continue in effect beyond June 30, 2023. Once the
moratorium is lifted, a hospital may file a regular rate application at any
time if:
(1) The rates being requested are not the subject of a
hospital-instituted case pending before the Commission; or
(2) The subject hospital has not obtained permanent rates
through the issuance of a Commission rate order within the previous 365 days.
B.—C. (text unchanged)
.04 Commission Review of Established Rates.
A.—B. (text unchanged)
C. In reviewing a hospital’s established rates during a
Commission-initiated rate proceeding or while reviewing a hospital’s full rate
application, the Commission shall consider the hospital’s performance since the
implementation of the All-Payer Model Agreement with the federal government,
which took place in February 2014.
.05 Application for Temporary Change in Rates.
A.—E. (text unchanged)
F. [A temporary change in rates may not, absent
extraordinary circumstances, result in a hospital’s screening position being
higher than 2 percent below the Statewide average on the regression-adjusted
inpatient screen. Outpatient rates resulting from a temporary rate increase may
not exceed the median, adjusted for mark-up and labor market.] In conducting an expedited review to establish a
temporary rate for both inpatient and outpatient services, the Commission shall
consider the hospital’s financial condition in addition to its relative
efficiency and effectiveness in its performance under the Total Cost of Care
Model. A temporary rate approved by the Commission may not result in regulated
revenue exceeding regulated expenses in the most recently completed fiscal
year.
G. (text unchanged)
ADAM KANE
Chair of Health Services Cost Review
Commission
Subtitle 62 NATALIE M. LAPRADE MEDICAL CANNABIS COMMISSION
Notice of Proposed Action
[22-293-P]
The Secretary of Health proposes to:
(1) Amend Regulation .01 under COMAR 10.62.01 Definitions;
(2) Amend Regulations .01 and .02 under COMAR 10.62.06 Patient and Caregiver Identification Cards;
(3) Amend Regulations .07 and .08 and adopt new Regulation .14 under COMAR 10.62.08 Medical Cannabis Grower License;
(4) Amend Regulation .05 under COMAR 10.62.09 Medical Cannabis Grower Agent;
(5) Amend Regulations .02 and .04 under COMAR 10.62.11 Medical Cannabis Growing Controls;
(6) Amend Regulations .06 and .09 under COMAR 10.62.12 Inventory Control by Grower;
(7) Amend Regulation .01 under COMAR 10.62.17 Complaints, Adverse Events, and Recall;
(8) Amend Regulation .10 under COMAR 10.62.18 Registration of Ancillary Businesses and Security Guard Agencies;
(9) Amend Regulation .07 and adopt new Regulation .12 under COMAR 10.62.19 Medical Cannabis Processor License;
(10) Amend Regulation .05 under COMAR 10.62.20 Medical Cannabis Processor Agent;
(11) Amend Regulation .06 under COMAR 10.62.21 Medical Cannabis Processor Premises;
(12) Amend Regulations .03, .05, and .06 under COMAR 10.62.22 Medical Cannabis Processor Operations;
(13) Amend Regulations .02 and .03 and repeal Regulation .07 under COMAR 10.62.23 Medical Cannabis Concentrates and Medical Cannabis-Infused Products;
(14) Amend Regulations .08 and .10 and adopt new Regulation .13 under COMAR 10.62.25 Medical Cannabis Dispensary License;
(15) Amend Regulation .05 under COMAR 10.62.26 Registered Dispensary Agent;
(16) Amend Regulations .03, .05, and .06 under COMAR 10.62.28 Licensed Dispensary Operations;
(17) Amend Regulations .03—.05 and .08 under COMAR 10.62.30 Dispensing Medical Cannabis; and
(18) Amend Regulation .06
under COMAR 10.62.33 Inspection.
Statement of Purpose
The purpose of this action is to:
(1) Remove the requirement that patient and caregiver identification cards must bear a photograph of the patient or caregiver and instead require patients and caregivers to submit a photograph when registering with the Maryland Medical Cannabis Commission, and present a valid government-issued photo identification to a dispensary when obtaining medical cannabis;
(2) Establish reporting requirements for licensees, by requiring owners and managers of licensed medical cannabis growers, processors, dispensaries, and specified affiliates to notify and provide a description to the Maryland Medical Cannabis Commission of the filing and disposition of certain legal actions within 30 days after receiving proper notice of the legal action;
(3) Amend the requirements for a transfer of ownership interest in a medical cannabis license by authorizing the Maryland Medical Cannabis Commission to administratively approve or deny transfer of the ownership interest if the transferee is convicted of or pleads nolo contendere to a crime involving moral turpitude or the payment of taxes due in any jurisdiction is in arrears; and
(4) Make technical corrections as follows:
(i) Makes a technical correction to the definition of medical cannabis;
(ii) Deletes obsolete wording in a provision concerning the 3-year renewal period for medical cannabis patient identification cards;
(iii) Prohibits the issuance of a license to a grower applicant who has been convicted of or pled nolo contendere to a crime of moral turpitude in conformity with the existing licensing requirements for processor and dispensary applicants;
(iv) Changes how frequently scales, balances, other measuring devices, and certain other equipment used by growers, processors, and dispensaries must be calibrated and requires that each device must be checked at least once each month, instead of periodically, to ensure accuracy;
(v) Replaces the term “certifying physician” with “certifying provider” in conformity with State statute;
(vi) Requires licensed growers to have a copy of their standard operating procedures available on-site for inspection by the Commission;
(vii) Revises video surveillance requirements at specified entrances and areas of medical processor premises to accurately reflect the layout of the premises;
(viii) Makes a revision in conformity with federal regulation by specifying that a medical cannabis licensee may acquire hemp from an agency of another state pursuant to a hemp production plan that has been approved the Secretary of the U.S. Department of Agriculture;
(ix) Repeals a provision requiring a licensed processor to submit a quarterly report that lists the products and product specifications that was inadvertently overlooked when the Commission recently eliminated quarterly reporting requirements;
(x) Replaces certain mandatory reporting to the Maryland State Police with reporting to the law enforcement agency with jurisdiction where the licensee is located per existing practices; and
(xi) Makes grammatical and formatting corrections to certain regulatory provisions.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499, or email to mdh.regs@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
10.62.01 Definitions
Authority: Health-General Article, §§13-3301—13-3303 and 13-3305.2, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(28) (text unchanged)
(29) Medical Cannabis.
(a) “Medical cannabis” means all parts of any plant of the genus cannabis, whether growing or not, including:
(i)—(ii) (text unchanged)
(iii) Any compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin including tetrahydrocannabinol (THC) and all other naturally produced [cannabinol] cannabinoid derivatives, whether produced directly or indirectly by extraction.
(b) (text unchanged)
(30)—(48) (text unchanged)
10.62.06 Patient and Caregiver Identification Cards
Authority: Health-General Article, §§13-3301, 13-3302(d), 13-3303(g), and 13-3307(f)(3), Annotated Code of Maryland
.01 Patient Identification Cards.
A. (text unchanged)
B. An identification card shall contain:
(1) The name and date of birth of the cardholder; and
[(2) An expiration date:
(a) 2 years from the date the card is issued; and
(b) Beginning January 1, 2019, 3 years from the date the card is issued;
(3) A current, clear photograph of the applicant’s face taken
within the previous 6 months; and]
[(4)] (2) (text unchanged)
C.—D. (text unchanged)
E. An identification card is valid for a period of 6 years from
the date the card is issued.
.02 Caregiver Identification Cards.
A. (text unchanged)
B. An identification card shall contain:
(1) (text unchanged)
(2) An expiration date 2 years from the date of issue; and
[(3) A current, clear photograph of the applicant’s face taken within the previous 6 months; and]
[(4)] (3) (text unchanged)
10.62.08 Medical Cannabis Grower License
Authority: Health-General Article, §§13-3301, 13-3302, 13-3306, and
13-3312, Annotated Code of Maryland
.07 Issuance of License.
A. (text unchanged)
B. The Commission may issue a license either to grow medical cannabis or to grow medical cannabis and distribute it to qualifying patients and caregivers on a determination that:
(1) The applicant has not been convicted of or pled nolo
contendere to a crime involving moral turpitude, whether or not any appeal or
other proceeding is pending to have the conviction or plea set aside;
[(1)] (2)—[(3)] (4) (text unchanged)
.08 Transfer of Ownership Interest in a License.
A.—C. (text unchanged)
D. The Commission [may] shall deny transfer of an interest for any proposed transferee:
(1) If the transferee is convicted of or pleads nolo contendere to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; or
(2) If the payment of taxes due in any jurisdiction is in arrears[; or
(3) For other good cause].
E. The Commission may deny transfer of a controlling interest in
a license or in an ownership interest of 5 percent or more if the Commission
finds a substantial reason to deny the proposed transfer.
[E.] F. (text unchanged)
.14 Mandatory Reporting of Legal Actions.
A. The required reporting under this regulation applies to any
owner or manager of a licensee or its parent, affiliate, or subsidiary who is
or was a party to the legal action whether in Maryland or another jurisdiction.
B. Notification.
(1) An owner or manager described in §A of this regulation shall notify and provide
a description to the Commission of any of the following events:
(a) The filing of any administrative, civil, or criminal action
against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual;
(b) The disposition of any administrative, civil, or criminal
action against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual, whether by judgment, final
order, consent order, or other negotiated resolution; or
(c) The filing for bankruptcy of the licensee or its parent,
affiliate, or subsidiary, the entry of a court order for placement into
receivership, or the date of an assignment for the benefit of creditors.
(2) The notification and description of the event required under
§B(1) of this regulation shall be provided to the Commission within 30 calendar
days after receiving:
(a) Proper service of process in accordance with the rules of
civil or criminal procedure of a court of competent jurisdiction; or
(b) Formal written notice in accordance with the administrative
rules of an administrative agency with jurisdiction.
C. The description
under §B of this regulation shall include the
following:
(1) Title and docket number;
(2) Name and location of the court;
(3) Names of the parties;
(4) General nature and scope of the legal action; and
(5) Any judgment, final order, consent order, or other
negotiated resolution.
10.62.09 Medical Cannabis Grower Agent
Authority: Health-General Article, §§13-3301, 13-3302, 13-3306, and
13-3312, Annotated Code of Maryland
.05 Termination.
A.—C. (text unchanged)
D. If a registered grower agent did not return the agent’s identification card within 30 days of the termination, the Commission shall notify the [Maryland State Police and place notice in the register of that fact] law enforcement agency with jurisdiction in the licensee’s area.
10.62.11 Medical Cannabis Growing Controls
Authority: Health-General Article, §§13-3301, 13-3302, and 13-3306, Annotated Code of Maryland
.02 Standard Operating Procedures.
A. A licensee shall establish written standard operating procedures to promote good growing and handling practices including:
[A.] (1) All aspects of the:
[(1)] (a)—[(5)] (e) (text unchanged)
[B.] (2)—[C.] (3) (text unchanged)
B. A copy of the standard operating procedures shall be readily
available on-site for inspection by the Commission.
[D.] C. (text unchanged)
.04 Equipment.
A.—B. (text unchanged)
C. A licensee shall have any scale, balance, or other measurement device, and any automatic, mechanical, or electronic equipment [routinely]:
(1) Annually calibrated by a calibration laboratory accredited to International Organization for Standardization (ISO) standard 17025 ISO/IEC by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement[.]; and
(2) Checked at least once per month to ensure accuracy.
10.62.12 Inventory Control by Grower
Authority: Health-General Article, §§13-3301, 13-3302, and 13-3306(e), Annotated Code of Maryland
.06 Discrepancy Reporting.
A. (text unchanged)
B. If the licensee finds evidence of a theft or diversion within 1 business day, the licensee shall report the theft or diversion to the:
(1) (text unchanged)
(2) [Maryland State Police] Law enforcement agency with jurisdiction in the licensee’s area.
C. (text unchanged)
.09 Theft or Diversion.
A. If the licensee finds evidence of a theft or diversion, the licensee shall report the theft or diversion to the Commission and to the [Maryland State Police] law enforcement agency with jurisdiction in the licensee’s area within 1 business day.
B. (text unchanged)
10.62.17 Complaints, Adverse Events, and Recall
Authority: Health-General Article, §§13-3301, 13-3302, 13-3304—13-3307, 13-3309, and 13-3311, Annotated Code of Maryland
.01 Receipt and Documentation of Complaints and Adverse Events.
A licensed grower, licensed processor, licensed dispensary, certifying [physician] provider, and the Commission shall establish a procedure to receive, organize, store and respond to all oral, written, electronic or other complaints regarding medical cannabis and adverse events.
10.62.18 Registration of Ancillary Businesses and Security Guard Agencies
Authority: Health-General Article, §§13-3301, 13-3302, 13-3306(b) and (e), 13-3307(f), 13-3309(f), 13-3311(c), and 13-3313(a), Annotated Code of Maryland
.10 Termination.
A.—C. (text unchanged)
D. If a registered ancillary business or security guard agent did not return the agent’s identification card within 30 calendar days of the termination, the Commission shall notify the [Maryland State Police] law enforcement agency with jurisdiction in the licensee’s area.
10.62.19 Medical Cannabis Processor License
Authority: Health-General Article, §§13-3301, 13-3302, 13-3309, and
13-3310, Annotated Code of Maryland
.07 Transfer of Ownership Interest in a License.
A.—C. (text unchanged)
D. The Commission [may] shall deny transfer of an interest for any proposed transferee:
(1) If the transferee is convicted of or pleads nolo contendere to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; or
(2) If the payment of taxes due in any jurisdiction is in arrears[; or
(3) For other good cause].
E. The Commission may deny transfer of a controlling interest in
a license or in an ownership interest of 5 percent or more if the Commission
finds a substantial reason to deny the proposed transfer.
[E.] F. (text unchanged)
.12 Mandatory Reporting
of Legal Actions.
A. The required reporting under this regulation applies to any
owner or manager of a licensee or its parent, affiliate, or any subsidiary who
is or was a party to the legal action whether in Maryland or another jurisdiction.
B. Notification.
(1) An owner or
manager described in §A
of this regulation shall notify and provide a description to the Commission of
any of the following events:
(a) The filing of any administrative, civil, or criminal action
against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual;
(b) The disposition of any administrative, civil, or criminal
action against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual, whether by judgment, final
order, consent order, or other negotiated resolution; or
(c) The filing for bankruptcy of the licensee or its parent,
affiliate, or subsidiary, the entry of a court order for the placement into receivership,
or the date of an assignment for the benefit of creditors.
(2) The notification and description of the event required under
§B(1) of this regulation shall be provided to the Commission within 30 calendar
days after receiving:
(a) Proper service of process in accordance with the rules of
civil or criminal procedure of a court of competent jurisdiction; or
(b) Formal written notice in accordance with the administrative
rules of an administrative agency with jurisdiction.
C. The description
under §B of this regulation shall include the following:
(1) Title and docket number;
(2) Name and location of the court;
(3) Names of the parties;
(4) General nature and scope of the legal action; and
(5) Any judgment, final order, consent order, or other negotiated
resolution.
10.62.20 Medical Cannabis Processor Agent
Authority: Health-General Article, §§13-3301, 13-3302, 13-3309, and
13-3310, Annotated Code of Maryland
.05 Termination.
A.—C. (text unchanged)
D. If a registered processor agent did not return the agent’s identification card within 30 days, the Commission shall notify the [Maryland State Police and place a notice in the register of that fact] law enforcement agency with jurisdiction in the licensee’s area.
10.62.21 Medical Cannabis Processor Premises
Authority: Health-General Article, §§13-3301, 13-3302, and 13-3309, Annotated Code of Maryland
.06 Video Surveillance Requirements.
A.—C. (text unchanged)
D. A surveillance camera shall capture activity at each:
(1) Entrance to an area where medical cannabis is processed, tested, packaged, [and] or stored; and
(2) Area where medical cannabis is processed, packaged, [and] or stored.
E.—G. (text unchanged)
10.62.22 Medical Cannabis Processor Operations
Authority: Health-General Article, §§13-3301, 13-3302, 13-3306(b) and (e), 13-3307(f), 13-3309, and 13-3311(c), Annotated Code of Maryland
.03 Receipt of Products Containing Cannabis.
A. (text unchanged)
B. Hemp.
(1) A licensee may acquire hemp, as defined in Agriculture Article, §14-101, Annotated Code of Maryland, from a person licensed to produce hemp by [the]:
(a) The Maryland Department of Agriculture [or the];
(b) The Secretary of the
U.S. Department of Agriculture[.];
or
(c) An agency of another state pursuant to a hemp production
plan that has been approved by the Secretary of the U.S. Department of
Agriculture.
(2) (text unchanged)
C.—I. (text unchanged)
.05 Equipment Sanitation, Accuracy, and Maintenance Logs.
A. (text unchanged)
B. The licensee shall ensure that[:
(1) Automatic, mechanical, or electronic equipment is routinely calibrated and periodically checked to ensure proper performance; and
(2) Any] any scale, balance, or other measurement device and any automatic, mechanical, or electronic equipment is [routinely]:
(1) Annually calibrated by a calibration laboratory accredited to International Organization for Standardization (ISO) standard 17025 ISO/IEC by an accreditation body that is signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement; and
(2) [periodically checked] Checked at least once each month to ensure accuracy.
C. (text unchanged)
.06 Theft or Diversion.
A. If the licensee finds evidence of theft or diversion, the licensee shall report the theft or diversion to the Commission and the [Maryland State Police] law enforcement agency with jurisdiction in the licensee’s area within 1 business day.
B. (text unchanged)
10.62.23 Medical Cannabis Concentrates and Medical Cannabis-Infused Products
Authority: Health-General Article, §§13-3301, 13-3302, 13-3309, and
13-3311, Annotated Code of Maryland
.02 Controls for Processing of Medical Cannabis Concentrates and Medical Cannabis-Infused Products.
A. A licensed processor of medical cannabis concentrates and medical cannabis-infused products shall:
(1) (text unchanged)
(2) Require that any person involved in processing medical cannabis concentrates and medical cannabis-infused products [is]:
(a) [Appropriately] Is appropriately trained in accordance to their job description to safely operate and maintain the system used for processing and attendance records are retained;
(b)—(c) (text unchanged)
(3)—(4) (text unchanged)
B.—F. (text unchanged)
.03 Independent Testing Laboratory Selection and Responsibility.
A. Upon successful completion of a validation process, the licensee shall use an independent testing laboratory:
[A.] (1)—[B.] (2) (text unchanged)
[C.] (3) To analyze the samples according to:
[(1)] (a)—[(2)] (b) (text unchanged)
[D.] B. In the event of a test result which falls out of specification, the laboratory shall [follow]:
(1) Follow their standard operating procedure to confirm or refute the original result; and
[E.] (2) [To destroy] Destroy the remains of the sample of medical cannabis after analysis is completed[; and
F. To destroy the remains of the sample of medical cannabis after analysis is completed].
10.62.25 Medical Cannabis Dispensary License
Authority: Health-General Article, §§13-3301, 13-3302, and 13-3307, Annotated Code of Maryland
.08 Transfer of Ownership Interest in a License.
A.—C. (text unchanged)
D. The Commission [may] shall deny transfer of an interest for any proposed transferee:
(1) If the transferee is convicted of or pleads nolo contendere to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside; or
(2) If the payment of taxes due in any jurisdiction is in arrears[; or
(3) For other good cause].
E. The Commission may deny transfer of a controlling interest in
a license or in an ownership interest of 5 percent or more if the Commission
finds a substantial reason to deny the proposed transfer.
[E.] F. (text unchanged)
.10 Renewal of License.
A.—B. (text unchanged)
C. At least 30 calendar days before a license expires, a licensee shall submit:
(1) (text unchanged)
(2) Proof that fingerprints have been submitted to CJIS and the FBI for every [processor] dispensary agent and investor of an interest of 5 percent or more;
(3)—(4) (text unchanged)
D.—H. (text unchanged)
.13 Mandatory Reporting
of Legal Actions.
A. The required reporting under this regulation applies to any
owner or manager of a licensee or its parent, affiliate, or any subsidiary who
is or was a party to the legal action whether in Maryland or another
jurisdiction.
(1) An owner or manager described in §A of this regulation shall
notify and provide a description to the Commission of any of the following
events:
(a) The filing of any administrative, civil, or criminal action
against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual;
(b) The disposition of any administrative, civil, or criminal
action against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual, whether by judgment, final
order, consent order, or other negotiated resolution; or
(c) The filing for bankruptcy of the licensee or its parent,
affiliate, or subsidiary, the entry of a court order for the placement into
receivership, or the date of an assignment for the benefit of creditors.
(2) The notification and description of the event required under
§B(1) of this regulation shall be provided to the Commission within 30 calendar
days after receiving:
(a) Proper service of process in accordance with the rules of
civil or criminal procedure of a court of competent jurisdiction; or
(b) Formal written notice in accordance with the administrative
rules of an administrative agency with jurisdiction.
C. The description
under §B of this
regulation shall include the following:
(1) Title and docket number;
(2) Name and location of the court;
(3) Names of the parties;
(4) General nature and scope of the legal action; and
(5) Any judgment, final order, consent order, or other
negotiated resolution.
10.62.26 Registered Dispensary Agent
Authority: Health-General Article, §§13-3301, 13-3302, 13-3307, and 13-3308, Annotated Code of Maryland
.05 Termination.
A.—C. (text unchanged)
D. If a registered dispensary agent did not return the agent’s identification card within 30 days, the Commission shall notify the [Maryland State Police and place a notice in the register of that fact] law enforcement agency with jurisdiction in the licensee’s area.
10.62.28 Licensed Dispensary Operations
Authority: Health-General Article, §§13-3301, 13-3302, and 13-3307, Annotated Code of Maryland
.03 Receipt of Products Containing Cannabis.
A.—H. (text unchanged)
I. Discrepancy in the Shipment.
(1) If the licensee finds evidence of a theft or diversion within 1 business day, the licensee shall report the theft or diversion to the Commission and to the [Maryland State Police] law enforcement agency with jurisdiction in the licensee’s area.
(2)—(3) (text unchanged)
.05 Equipment Sanitation, Accuracy and Maintenance Logs.
A. (text unchanged)
B. Pursuant to the approved standard operating procedure, the licensee shall require that[:
(1) Automatic, mechanical, or electronic equipment is routinely calibrated and checked at least once each month to ensure proper performance; and
(2) Any] any scale, balance, or other measurement device and any automatic, mechanical, or electronic equipment is [routinely]:
(1) Annually calibrated by a calibration laboratory accredited to International Organization for Standardization (ISO) standard 17025 ISO/IEC by an accreditation body that is a signatory to the International Laboratory Accreditation Cooperation (ILAC) Mutual Recognition Arrangement; and
(2) [checked] Checked at least once each month to ensure accuracy.
C. (text unchanged)
.06 Theft or Diversion.
A. If the licensee finds evidence of theft or diversion, the licensee shall report the theft or diversion to the Commission and the [Maryland State Police] law enforcement agency with jurisdiction in the licensee’s area within 1 business day.
B. (text unchanged)
10.62.30 Dispensing Medical Cannabis
Authority: Health-General Article, §§13-3301, 13-3302, 13-3307, 13-3313, and 13-3314, Annotated Code of Maryland
.03 Procedure for Dispensing Medical Cannabis.
A. A registered dispensary agent shall dispense medical cannabis
only from the service area to a qualifying patient or caregiver who has
presented:
(1) [a] A Commission-issued patient or caregiver identification [card] number; and
(2) A valid government-issued photo identification.
B.—G. (text unchanged)
.04 Delivery of Medical Cannabis to a Qualifying Patient or Caregiver.
A.—B. (text unchanged)
C. Before any delivery of medical cannabis, a dispensary agent shall query the Commission data network and verify that:
(1) (text unchanged)
(2) A certifying [physician] provider issued a valid written certification to the qualified patient; and
(3) (text unchanged)
D.—G. (text unchanged)
.05 Attestation by Qualifying Patient or Caregiver.
A. Before medical cannabis is dispensed, either in person or by delivery, a qualifying patient or caregiver shall attest that the qualifying patient or caregiver understand that the qualifying patient and caregiver are not immune from the imposition of any civil, criminal, or other penalties for the following:
(1)—(2) (text unchanged)
(3) Smoking medical cannabis in a motor vehicle; [or]
(4)—(6) (text unchanged)
B.—C. (text unchanged)
.08 Disposal of Green Waste.
A licensee may either [ship]:
A. Ship any medical cannabis that is surplus or out of date or that is waste from processing or repackaging[:
A. To] to a licensed grower for disposal; or
B. (text unchanged)
10.62.33 Inspection
Authority: Health-General Article, §§13-3301, 13-3302, 13-3306, 13-3307, 13-3309, and 13-3311, Annotated Code of Maryland
.06 Action Upon Findings in Inspection.
A. In the event that an inspector has reasonable suspicion of an operational failure or of conditions that create a likelihood of diversion, contamination, or a risk to public health:
(1) (text unchanged)
(2) The Commission shall undertake a review of the inspection findings and may:
(a)—(c) (text unchanged)
(d) Notify the [Maryland State Police] law enforcement agency with jurisdiction in the licensee’s area if diversion is suspected; or
(e) (text unchanged)
(3) (text unchanged)
B. (text unchanged)
DENNIS R.
SCHRADER
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 21 MOTOR VEHICLE ADMINISTRATION—COMMERCIAL MOTOR VEHICLES
Authority: Transportation Article, §§12-104(b), 16-820, 25-111, and 25-111.1(a), Annotated Code of Maryland
Notice of Proposed Action
[23-002-P]
The Maryland Department of Transportation proposes to amend
Regulation .02, .04-1, .04-2, .07, .08, and .11—.13, adopt
new Regulation .04-4, and recodify
existing Regulation .04-4 to be
Regulation .04-5 under COMAR 11.21.01 Motor Carrier Safety.
Statement of Purpose
The purpose of this action is to incorporate federal regulations for entry level Driver training (ELDT) for commercial driver’s licenses (CDL).
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Tracey Sheffield, Motor Vehicle Administration, 6601 Ritchie Highway, Room 102, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
.02 Incorporation by Reference of the Federal Motor Carrier Safety Regulations.
The federal motor carrier safety regulations contained in 49 CFR 40, 382, 383, 387, 390—393, 384, 395—399, and 1572, as amended, are incorporated by reference, subject to the application provision in Regulations .03, .04-1—.08, and .11—.14 of this chapter and the amendments and exemptions cited in .09 and .10 of this chapter.
.04-1 49 CFR 40, Procedures for Transportation Workplace Drug and Alcohol Testing Programs-----Amendments and Exemptions.
49 CFR 40 is incorporated by reference with no amendments or exemptions.
.04-2 49 CFR 382, Controlled Substances and Alcohol Use and Testing — Amendments and Exemptions.
49 CFR 382 is incorporated by reference with no amendments or exemptions.
.04-4 49 CFR 384, State Compliance with Commercial Driver’s
License Program.
49 CFR 384 is incorporated by reference with no amendments or
exemptions.
.07 49 CFR 392, Driving of Motor Vehicles — Amendments and Exemptions.
49 CFR 392 is incorporated by reference with no amendments or exemptions.
.08 49 CFR 393, Parts and Accessories Necessary for Safe Operation — Amendments and Exemptions.
49 CFR 393 is incorporated by reference with no amendments or exemptions.
.11 49 CFR 397, Transportation of Hazardous Materials; Driving and Parking Rules — Amendments and Exemptions.
49 CFR 397 is incorporated by reference with no amendments or exemptions.
.12 49 CFR 398, Transportation of Migrant Workers — Amendments and Exemptions.
49 CFR 398 is incorporated by reference with no amendments or exemptions.
.13 49 CFR 399, Employee Safety and Health Standards — Amendments and Exemptions.
49 CFR 399 is incorporated by reference with no amendments
or exemptions.
CHRISTINE NIZER
Administrator
Motor Vehicle Administration
Title 13A
STATE BOARD OF EDUCATION
Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS
13A.03.05 Administration of Home and Hospital Teaching for Students
Authority: Education Article, §§2-205, 6-704, 7-101, 7-301, and 8-403, Annotated Code of Maryland
Notice of Change to Opportunity for Public Comment
[22-211-P]
The notice of Opportunity for Public Comment that appeared in 49:26 Md. R. 1093 (December 16, 2022) has been corrected. The contact person and the deadline date for public comment have both changed. The revised notice follows.
Opportunity for Public Comment
Comments may be sent to J. Walter Sallee, Director, Student Services and Strategic Planning, Division of Student Support, Academic Enrichment, and Educational Policy, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-1407 (TTY 410-333-6442), or email to walter.sallee@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
MOHAMMED CHOUDHURY
State Superintendent of Schools
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.20 Urban Agriculture Water and Power
Infrastructure Grant Program
Authority: Agriculture
Article, §2-2104, Annotated Code of Maryland
Notice of Proposed Action
[22-347-P]
The Maryland Department of Agriculture proposes to adopt new Regulations
.01—.11 under a new chapter, COMAR 15.01.20 Urban Agriculture Water and
Power Infrastructure Grant Program.
Statement of Purpose
The purpose of this action is to adopt new regulations to implement a new Program, the Urban Agriculture Water and Power Infrastructure Grant Program, as authorized under Agriculture Article, §2-2104, Annotated Code of Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. The Proposed Action adopts regulations implementing the Urban Agriculture Water and Power Infrastructure Grant Program. This Program will have a positive impact on urban agricultural producers and qualified nonprofit organizations. Under the Program, they may receive grant assistance necessary for the purchase and installation of: (a) water meters; (b) water pipes; (c) irrigation hoses; (d) electric meters; (e) electric lines; or (f) any other equipment associated with water supply and irrigation or electric power access that may be required to provide water or electrical power to operation.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue R+/R-) Expenditure (E+/E-) |
Magnitude |
|
A. On Issuing agency: |
|
|
|
Maryland Department of Agriculture |
(E+) |
Minimal |
|
B. On other state agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit (+) Cost (-) |
Magnitude |
|
D. On regulated industries or trade groups: |
NONE |
|
|
E. On other industries or trade groups: |
|
|
|
(1) Qualified nonprofit organizations |
(+) |
Meaningful |
|
(2) Urban agricultural producers |
(+) |
Meaningful |
|
F. Direct and indirect effects on public: |
|
|
|
General public |
(+) |
Meaningful |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The Maryland Department will see a slight increase in expenditures to implement the Program.
E(1). Qualified nonprofit organizations, under a cost-sharing agreement, are eligible to receive grant assistance necessary for the purchase and installation of: (a) water meters; (b) water pipes; (c) irrigation hoses; (d) electric meters; (e) electric lines; or (f) any other equipment associated with water supply and irrigation or electric power access that may be required to provide water or electrical power to operation.
E(2). Urban agricultural producers, under a cost-sharing agreement, are eligible to receive grant assistance necessary for the purchase and installation of: (a) water meters; (b) water pipes; (c) irrigation hoses; (d) electric meters; (e) electric lines; or (f) any other equipment associated with water supply and irrigation or electric power access that may be required to provide water or electrical power to operation.
F. The general public, including those residing in urban areas, should have a greater opportunity to purchase locally produced farm products. Urban Agricultural Producers and Qualified nonprofit organizations, who meet the criteria under Title 8, Subtitle 8 of the Agriculture Article to obtain a nutrient management plan for their operation, will be required to comply with that plan. This requirement will benefit the environment.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action will have a positive economic impact on small businesses - specifically, urban agricultural producers and qualified nonprofit organizations. Under the Program, they may receive grant assistance necessary for the purchase and installation of: (a) water meters; (b) water pipes; (c) irrigation hoses; (d) electric meters; (e) electric lines; or (f) any other equipment associated with water supply and irrigation or electric power access that may be required to provide water or electrical power to operation.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jason Keppler, Program Manager, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call (410) 841-5834, or email to Jason.Keppler@Maryland.gov. Comments will be accepted through March 14, 2023. A public hearing has not been scheduled.
.01 General.
This chapter establishes the
Urban Agriculture Water and Power Infrastructure Grant Program. The purpose of
the Program is to increase the viability of urban farming and community and to
improve access to urban-grown foods.
.02 Definitions.
A In this chapter, the
following terms have the meaning indicated.
B Terms Defined.
(1) “Department” means Maryland
Department of Agriculture.
(2) “Eligible cost” means a
cost that the Department determines is necessary for the purchase and
installation of:
(a) Water meters;
(b) Water pipes;
(c) Irrigation hoses;
(d) Electric meters;
(e) Electric lines; or
(f) Any other equipment
associated with water supply and irrigation or electric power access that may
be required to provide water or electrical power to operation.
(3) “Farm product” means:
(a) Any agricultural,
horticultural, vegetable, or fruit product of the soil, whether raw or canned,
frozen, dried, pickled, or otherwise processed;
(b) Livestock, meats, marine
food products, poultry, eggs, or dairy products;
(c) Wool, hides, feathers,
nuts, or honey; or
(d) Any product of farm,
forest, orchard, garden, or water.
(4) “Program” means the Urban
Agriculture Water and Power Infrastructure Grant Program.
(5) “Project” means the
installation of equipment associated with water supply and irrigation or
electric power access to provide water or electrical power to a farm or
community garden in an urban area.
(6) "Qualified nonprofit
organization" means a nonprofit organization that is organized and
operated exclusively for exempt purposes under §501(c)(3) of the Internal
Revenue Code and operates a farm or community garden in an urban area.
(7) “Urban agricultural producer”
means any person that:
(a) Annually produces farm
products in an urban area; and
(b) Sells, plans to sell, or
normally would have sold at least $1,000 annually of farm products produced
from a farming operation.
(8) “Urban area” means an
area of the State delineated as an urban area by the U.S. Census Bureau set
forth in “Urban Area Criteria for the 2020 Census—Final Criteria”, at 87
Federal Register 16706 (March 24, 2022).
.03 Eligibility.
An urban agricultural
producer or qualified nonprofit organization is eligible to apply for financial
assistance under the Program to install equipment
associated with water supply and irrigation or electric power access to provide
water or electrical power to a farm or community garden in an urban area.
.04 Application Procedures.
A person who applies for
cost-sharing funds under the Program shall submit to the Department the
following:
A. An application on a
Department form, including a project narrative describing the proposed project,
which shall include an approximate total project cost figure based on all
eligible costs;
B. A map identifying the
project location, street address and parcel boundaries of the operation;
C. For a nonprofit
organization:
(1) A favorable determination
letter from the Internal Revenue Service that the organization meets the
requirements of §501(c)(3) of the Internal Revenue Code; and
(2) A letter of good standing
with the State of Maryland Department of Assessments and Taxation;
D. Documentation supporting
the sale or anticipated sale of at least $1,000 annually of farm products from
the farming operation in the State;
E. Except for an individual
applying on the individual’s own behalf, documentation establishing that
person’s authority to sign on behalf of the organization on all matters related
to the Program; and
F. A completed Current
Nutrient Management Plan Certification form or Nutrient Management Plan Waiver,
as applicable.
.05 Application Review and
Approval.
A. Department Approval or
Disapproval of Application.
(1) If the Department
approves a project, it shall base the amount of State cost-sharing funds on:
(a) The eligibility of the
applicant; and
(b) The lack of existing
water or power infrastructure to the operation.
(2) Department shall
disapprove an application for any of the following reasons:
(a) The application is
incomplete or does not comply with these regulations;
(b) The applicant’s land is
not used for agricultural purposes;
(c) The application is for a
project which is already under construction; or
(d) No funds are available.
B. Within 30 days, the
Department shall notify the applicant if an application is approved. If the
application has been approved, the Department shall inform the applicant of the
estimated State cost-sharing amount for the project and the applicant’s
required matching amount. If the application has not been approved, the
Department shall inform the applicant of the reason it has been denied.
.06 Cost-Sharing Agreement.
A. The Department and the
applicant shall execute an agreement. The agreement, among other things, shall
obligate the applicant to:
(1) Establish, construct, or
install utilities in accordance with the jurisdictions permit specifications;
(2) Maintain the utility for
at least five years from date of completion;
(3) Bind any successor in
title for the life of the project as specified in the agreement; and
(4) Provide any required
funds for the project.
B. Before the Department
executes a cost-sharing agreement with a farm tenant, it shall obtain the
consent of the landlord to the terms and conditions of the agreement.
.07 Project Establishment.
A. After all parties execute
a cost-sharing agreement, an applicant shall begin the approved project.
B. The applicant shall be
responsible for all steps in completing the project, including, but not limited
to, obtaining any necessary permits and the services of contractors or
obtaining any necessary materials or equipment to complete project
construction.
.08 Distribution of Cost-Sharing
Funds.
A. The applicant who executes
a cost-sharing agreement shall be paid in accordance with the following payment
schedule:
(1) Upon receipt of all
required construction permits, up to 25 percent of the estimated costs as
outlined in the cost-sharing agreement;
(2) Upon commencement of
construction, up to 50 percent of estimated costs as outlined in the cost-sharing
agreement minus any payment made previously; and
(3) Upon completion of
project and satisfactory final inspection, 87.5 percent of realized eligible
costs minus any payments made previously.
B. Except for payments
described in §A(1) and (2) of this regulation, the applicant shall document all
eligible costs on an itemized statement. Each itemized cost shall be supported
by payment receipts or unpaid invoices from vendors. Each receipt shall be
signed by the person who executes a cost-sharing agreement and certified that
each cost is true and correct to the best of that person's knowledge. Each
payment receipt or unpaid invoice shall show the following:
(1) Vendor names;
(2) Type of material, labor,
or equipment used on the project; and
(3) The unit cost paid for
the item, the total amount paid to the vendor, and the date payment was
received.
C. The applicant shall
complete and submit to the Department a departmental claim for payment form for
each scheduled payment outlined in §A of this regulation.
.09 Project Monitoring.
After the Department has
distributed cost-sharing funds, the Department shall monitor projects to see if
they are maintained in accordance with the agreement. Any violations shall be
documented on a departmental form, a copy of which shall be provided to the
applicant.
.10 Failure to Establish or
Maintain Project or to Have or Comply with Nutrient Management Plan.
A. If the applicant fails to
establish, install, construct, or maintain the project in accordance with any
agreement executed with the Department, that applicant shall be liable for the full amount of State cost-sharing
funds paid for any practice that was not implemented or maintained. However,
the applicant is not liable for inadequate maintenance or destruction of a best
management practice if caused by an act of nature that could not be reasonably
anticipated.
B. If the applicant is
required to have a nutrient management plan under Agriculture Article, Title 8,
Subtitle 8, Annotated Code of Maryland, and fails to obtain a nutrient
management plan or to comply with this plan, the Department may require
repayment of the cost-sharing funds it paid towards installation of the
project.
.11 Administrative Reporting.
The Department shall submit a
report to the Governor, the Senate Budget and Taxation Committee, and the House
Appropriations Committee on the effectiveness of the funding provided for the
Program by October 15 of each year.
STEVEN A.
CONNELLY
Deputy Secretary
Title 26
DEPARTMENT OF ENVIRONMENT
Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, AND SOLID WASTE, AND RECYCLABLE MATERIALS
26.04.01 Quality of Drinking Water in Maryland
Authority: Environment Article, Title 9, Subtitles 2 and 4, Annotated Code of Maryland
Notice of Proposed Action
[22-312-P-I]
The Secretary of the Environment proposes to amend Regulations .01, .01-1, and .20 and adopt
new Regulation .37 under COMAR 26.04.01 Quality of Drinking Water in
Maryland.
Statement of Purpose
Current MDE regulations in COMAR 26.04.01.20B Tier 1 Public Notices do not explicitly include outages, flooded wells, or flooded springs as Tier 1 public notices. However, these issues occur in water systems regularly and are a risk to public health. This proposed regulation describes actions that must be taken during an outage or flooded well/spring incident. This proposed action and an upcoming guidance manual (not cited in the regulation) will provide clear instructions for water systems to:
• Issue a BWA for an Outage or flooded well/spring (When and how);
• Notify MDE that a BWA has been issued;
• Use relevant standards that should be followed for disinfection during an outage, flooded well, or flooded spring incident;
• Monitor water quality by sampling prior to lifting a BWA; and
• Lift a BWA.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Gregory C. Busch, P.E., Program Manager, Water Supply Program, Maryland Department of the Environment, 1800 Washington Blvd, Baltimore, MD 21230, or call 410-537-3901, or email to gregory.busch@maryland.gov. Comments will be accepted through March 13, 2023. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the following have been declared
documents generally available to the public and appropriate for incorporation
by reference:
(1) American Water Works
Association, AWWA Standard, Disinfecting Water Mains (ANSI/AWWA C651-14); and
(2) American Water Works
Association, AWWA Standard, Disinfection of Wells (ANSI/AWWA C654-13).
For this reason, they will not
be printed in the Maryland Register or the Code of Maryland Regulations
(COMAR). Copies of these documents are filed in special public depositories
located throughout the State. A list of these depositories was published in 50:1
Md. R. 7 (January 13, 2023), and is available online at www.dsd.state.md.us.
These documents may also be inspected at the office of the Division of State
Documents, 16 Francis Street, Annapolis, Maryland 21401.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)— (22) (text unchanged)
(23) “Flooded well” means when water enters a well casing from
above the ground surface.
(24) “Flooded spring” means when water enters a spring box from
above the ground surface.
[(23)] (25)— [(46)] (48) (text unchanged)
(49) “Outage” means a loss of pressure that causes one or more service
connections to lose their supply of drinking water.
[(47)] (50)—[(76)] (79) (text unchanged
.01-1 Incorporation by
Reference.
A. (text unchanged)
B. [Documents Incorporated.] Code of Federal Regulations (CFR) — 40 CFR §§ 141 and 142 (July 1, , 2014):
(1)—(15) (text unchanged)
(16) Ground Water Rule (40 CFR §§141.21, 141.28, 141.153, 141.202,
141.203, 141.400—141.405, 142.14—142.16) — November 8, 2006, November 21, 2006,
and February 13, 2013 revisions; [and]
(17) Revised Total Coliform Rule (40 CFR §§141.4, 141.52, 141.63,
141.71, 141.74, 141.132, §§141.851—141.861, Subpart Y, and 142.15—142.16,
142.63) — February 13, 2013, and February 26, 2014 revisions[.];
(18) American Water Works
Association, AWWA Standard, Disinfecting Water Mains (ANSI/AWWA C651-14), effective
February 1, 2015; and
(19) American Water Works Association, AWWA Standard,
Disinfection of Wells (ANSI/AWWA C654-13), effective July 1, 2013.
.20 Public Notification of
Variances, Exemptions, and Noncompliance with Standards.
A. (text unchanged)
B. Tier 1 Public Notices.
(1) The violation categories requiring Tier 1 notices are specified in 40 CFR §141.202 and include:
(a)—(h) (text unchanged)
(i) Occurrence of an outage under Regulation .37A(1)(b) of this
chapter;
(j) Entry of water from a flooded well into a distribution
system;
(k) Entry of water from a flooded spring into a distribution
system; and
[(i)] (l) Other violations or situations with
significant potential to have serious adverse effects on human health as a
result of short-term exposure, as determined by the Approving Authority.
(2)—(3) (text unchanged)
C. (text unchanged)
D. (text unchanged)
E. Public Notice Content.
(1)—(9) (text unchanged)
(10) A supplier of water that experiences an outage under
Regulation .37A(1)(b) of this chapter shall use a form that is approved by the
Approving Authority.
(11) A supplier of water that experiences water entering the
distribution system from a flooded well shall use a form that is approved by
the Approving Authority.
(12) A supplier of water that experiences water entering the
distribution system from a flooded spring shall use a form that is approved by
the Approving Authority.
.37 Outages, Flooded Wells, and Flooded Springs.
A. Outages.
(1) A supplier of water that
experiences an outage shall perform one of the following:
(a) The requirements in §A(2)
of this regulation; or
(b) The requirements in §§B—E
and H—I of this regulation.
(2) A planned outage occurs
when the supplier of water performs all of the following requirements:
(a) Issues a precautionary boil water advisory before the outage
occurs; and
(b) Follows all procedures listed in §§C—E and H—I of this
regulation.
B. Notification Requirements.
A supplier of water shall issue a precautionary boil water advisory as provided
in Regulation .20 of this chapter each time one of the following events occurs:
(1) An outage that does not
meet the requirements in §A(2) of this regulation;
(2) Water from a flooded well
enters a distribution system; or
(3) Water from a flooded
spring enters a distribution system.
C. Repair and Disinfection
Procedures.
(1) A supplier of water that experiences an outage shall meet
all of the following requirements:
(a) Perform the procedures
that are established in ANSI/AWWA C651-14 for each affected area of the
distribution system;
(b) Document any evidence of
contamination in writing;
(c) Disinfect each repair
part with a minimum one percent free chlorine solution; and
(d) Instruct each affected
customer to flush each plumbing fixture for at least 5 minutes after water
service is restored.
(2) A supplier of water that
experiences a flooded well shall perform all of the following requirements:
(a) Disinfect the flooded
well in accordance with ANSI/AWWA C654-13; and
(b) If water from a flooded
well enters a distribution system, the supplier of water shall meet all of the
following requirements:
(i) Flush each affected area
of the distribution system;
(ii) Document any evidence of
contamination in writing; and
(iii) Instruct each affected
customer to flush each plumbing fixture for at least 5 minutes after water
service is restored.
(3) A supplier of water that
experiences water from a flooded spring entering a distribution system shall
meet all of the requirements in §C(2)(b) of this regulation.
D. Water Quality Sampling for
Outages.
(1) A supplier of water that experiences an outage shall sample
each affected area of the distribution system for each of the following:
(a) Total coliform bacteria;
and
(b) If the supplier of water
uses chemical disinfection, disinfectant residual.
(2) The supplier of water shall collect each sample in
accordance with all of the following requirements:
(a) Collect each sample after
repairs and mitigation measures are complete;
(b) Take the number of
samples specified in §E of this regulation;
(c) Gather each
bacteriological sample from different, representative locations in each
affected area of the distribution system;
(d) Take each bacteriological
and disinfectant residual sample at the same time and location;
(e) Follow the procedures in
COMAR 26.08.05.05; and
(f) Perform the sampling
procedures that are established in ANSI/AWWA C651-14.
(3) The supplier of water
shall test each sample in accordance with one of the following requirements:
(a) Each bacteriological
sample shall be tested for total coliform bacteria as provided in Regulation .11-4B
of this chapter; and
(b) Each disinfectant
residual sample shall be tested for disinfectant residual in accordance with
Regulation .23C of this chapter.
(4) The supplier of water
shall record the test results for each sample.
E. Number of Required Samples.
|
Number of Service Connections
Impacted |
Number of Bacteriological
Samples |
Number of Disinfectant Residual
Samples* |
|
1—25 |
2 |
2 |
|
26—50 |
4 |
4 |
|
51—100 |
6 |
6 |
|
101—500 |
8 |
8 |
|
501—2,000 |
10 |
10 |
|
Over 2,000 |
Consult with the Approving
Authority |
Consult with the Approving
Authority |
*For each supplier of water
that uses chemical disinfection.
F. Water Quality Sampling for
Flooded Wells. A supplier of water
that experiences a flooded well shall perform all of the following
requirements:
(1) Sample the flooded well
for total coliform bacteria in accordance with ANSI/AWWA C654-13;
(2) Follow the procedures in
COMAR 26.08.05.05; and
(3) If water from the flooded
well enters the distribution system, meet all of the requirements in §§D and E
of this regulation except §D(2)(f).
G. Water Quality Sampling for
Flooded Springs. A supplier of water that experiences a flooded spring shall
perform all of the following requirements:
(1) Collect at least two
total coliform bacteria samples at least 30 minutes apart from the spring after
the spring has returned to normal conditions;
(2) Follow the procedures in
COMAR 26.08.05.05;
(3) Test each sample from the
flooded spring for total coliform bacteria as provided in Regulation .11-4B of
this chapter; and
(4) If water from the flooded
spring enters the distribution system, meet all of the requirements in §§D and
E of this regulation.
H. Lifting a Boil Water Advisory.
(1) A supplier of water may
lift a precautionary boil water advisory when all of the following requirements
are met:
(a) Each requirement under §C of this regulation is complete;
(b) Normal operating conditions have resumed;
(c) Bacteriological tests under §D of this regulation are
negative for total coliform bacteria; and
(d) Disinfectant residual tests under §D of this regulation have
a minimum disinfectant residual of 0.2 milligrams per liter.
(2) The supplier of water shall submit all of the following
documents to the Approving Authority within 24 hours after a precautionary boil
water advisory is lifted:
(a) Each bacteriological test
result under §D of this regulation;
(b) Each disinfectant
residual test result under §D of this regulation;
(c) A copy of the notice to
affected customers which lifted the precautionary boil water advisory; and
(d) Any other documentation requested
by the Approving Authority.
I. Record Keeping.
(1) A supplier of water shall keep a written record of all of
the following for 3 years:
(a) Outages;
(b) Flooded wells;
(c) Flooded springs;
(d) Precautionary boil water
advisories issued under §§A(2) and B of this regulation;
(e) Bacteriological test
results under §D of this regulation;
(f) Disinfectant residual
test results under §D of this regulation; and
(g) Notice to affected
customers lifting a precautionary boil water advisory under §H of this
regulation.
(2) The supplier of water shall provide the records required
under §I(1) of this regulation to the Approving Authority on request.
SERENA McILWAIN
Secretary of the Environment Designate
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
DOIT RADIO CONTROL BOARD MEETING
Date and Time:
Wed., March 15, 2023, 1 — 3 p.m.
Place: 100 Community Pl., 1st Fl. Conf. Rm. B, Crownsville, MD
Contact: Cindy Cole (410) 697-9639
[23-03-02]
STATE FIRE PREVENTION COMMISSION
Date and Time: February 16, 2023, 10 a.m.
Place: Eastport Fire House, Meeting Hall, 914 Bay Ridge Ave.,
Annapolis, MD
Add’l. Info: Portions of the meeting may be held in closed session. If
public schools in Anne Arundel County are CLOSED due to inclement weather, the
meeting will be rescheduled.
Contact: Heidi Ritchie, (877) 890-0199
[23-03-03]
MARYLAND HEALTH BENEFIT EXCHANGE
Date and Time: February 15, 2023, 1 — 2 p.m.
Place: Virtual Meeting
Add’l. Info: Joining information:
Video link: https://meet.google.com/zhz-nppu-zqr
Or dial: (US) +1 260-338-9348
PIN: 378 032 899#
This public hearing is an opportunity for the public to comment on MHBE's 1332 waiver extension application.
Contact: Becca Lane (410) 547-7371
[23-03-04]
MARYLAND INSURANCE ADMINISTRATION
Date and Time: February 28, 2023, 1 — 3 p.m.
Place: Via Zoom — please see details below.
Add’l. Info: The Maryland Insurance Administration will conduct a public hearing on specific rate increase requests being made by certain long-term care insurance carriers operating in Maryland. In the individual long-term care market, the hearing will focus on requests from Genworth Life Insurance Company and Assurity Life Insurance Company. In the group long-term care market, the hearing will focus on requests from Genworth Life Insurance Company. The purpose of the hearing is for insurance company officials to explain the reasons for the rate increases, to explain the new benefit options and for the MIA to consider whether the proposed rate increase is in compliance with Maryland’s laws and regulations relating to long-term care insurance. Interested stakeholders will also have the opportunity to provide comments at the hearing. Prior to the hearing, copies of each company’s actuarial memorandum will be posted to the Maryland Insurance Administration’s website.
Given the current COVID-19 situation, to protect the public health, safety, and welfare, the hearing will be held via Zoom.
Dial-in Information:
https://www.zoomgov.com/j/1610728192
Dial-in: (669) 254 5252
Webinar ID: 161 072 8192
Information about the Maryland Relay Service can be found at doit.maryland.gov/mdrelay.
If you will be dialing into the public hearing, and wish to provide oral testimony, please RSVP to Nancy Muehlberger. Testimony will only be heard from those who have RSVP’d in advance of the public hearing. Written comments and RSVPs should be sent to Nancy Muehlberger by February 21, 2023, either by email to longtermcare.mia@maryland.gov or by mail to 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or by fax to 410-468-2038.
Any questions
regarding this matter should be directed to Nancy Muehlberger, Actuarial
Analyst, by February 21, 2023, by email to Nancy.Muehlberger@maryland.gov.
For more information on the hearing please
see the following link:
https://insurance.maryland.gov/Consumer/Pages/Long-Term-Care-Hearing-February-28-2023.aspx.
Contact: Jeff Ji (410) 468-2047
[23-03-05]
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY
Date and Time: February 23, 2023, 10 a.m. — 12 p.m.
Place: Montgomery Business Park, 1800 Washington Blvd., Ste. 330, Baltimore, MD
Add’l.
Info: This meeting is in
person and via livestream. There will be a livestream link available the day of
the meeting on our website, https://www.mdgaming.com/commission-meeting-2-23-2023/.
Contact: Kathy Lingo (410) 230-8790
[23-03-06]
MARYLAND HEALTH CARE COMMISSION
Subject: Receipt of Application
Add’l. Info: On January 17, 2023, the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by University of Maryland Capital Region Health — (Matter No. 23-16-2464) Recommencement of Level III neonatal intensive care unit (“NICU”) services at University of Maryland Capital Region Health. Proposed Project Cost: $0.
The MHCC shall review the applications under Health-General Article, §9-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01.
Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.
Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.
All correspondence should be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, MD 21215.
Contact: Ruby Potter (410) 764-3276
[23-03-07]
OFFICE OF MINORITY BUSINESS ENTERPRISE
Date and Time: February 22, 2023, 8:30 a.m. —5 p.m.; Additional Dates:
March 8 and March 22, 2023
Place: Virtual meeting — please see the website for details.
Add’l. Info: Meetings are being held virtually until further notice. Please
check the website at https://mdot.maryland.gov for additional
information.
Contact: Sabrina Bass (410)
865-1240
[23-03-08]
SPORTS WAGERING APPLICATION REVIEW COMMISSION
Date and Time: February 15, 2023, 9 — 11 a.m.
Add’l. Info: Via livestream at https://swarc.org/
Contact: James Butler (410) 230-8781
[23-03-09]
Date and Time: February 22, 2023, 9 a.m. — 12 p.m.
Place: Via Google Meet
Contact: Duane Johnson (410) 537-4466
[23-03-10]
GOVERNOR’S WORKFORCE DEVELOPMENT BOARD
Date and Time: February 16, 2023, 12:30 — 2 p.m.
Place: Virtual meeting
Add’l. Info: This is a meeting of the Career and Technical Education (CTE) Committee. The livestream is available at https://www.youtube.com/@marylandctecommittee.
Contact: Darla Henson (410) 767-2408
[23-03-11]