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Adopted, Amended, or Repealed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COMAR title, that have been adopted, amended, or repealed in the Maryland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Amended, or Repealed.
03 COMPTROLLER OF THE TREASURY
03.06.01.47 • 50:12 Md. R. 478 (6-16-23)
03.06.03.02,.03 • 50:12 Md. R. 478 (6-16-23)
05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.03.09.01—.11 •
50:7 Md. R. 304 (4-7-23)
05.20.05.01—.12 •
49:25 Md. R. 1054 (12-2-22)
08 DEPARTMENT OF NATURAL
RESOURCES
08.03.03.01 •
50:13 Md. R. 515 (6-30-23)
08.03.06.03 •
50:13 Md. R. 517 (6-30-23)
08.03.17.01,.02 •
50:13 Md. R. 517 (6-30-23) (ibr)
08.18.07.02 •
50:14 Md. R. 596 (7-14-23)
09 MARYLAND DEPARTMENT OF LABOR
09.03.14.01—.18 • 50:4 Md. R. 125 (2-24-23)
50:7 Md. R. 307 (4-7-23) (corr)
09.10.01.07 • 50:15 Md. R. 684 (7-28-23)
09.10.01.17 • 50:15 Md. R. 685 (7-28-23)
09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)
09.22.01.13 • 50:3 Md. R. 92 (2-10-23)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
10.09.01.03,.06 •
50:4 Md. R. 135 (2-24-23)
10.09.04.01,.03,.04,.07
• 50:7 Md. R. 307 (4-7-23)
10.09.06.02,.04,.06,.07,.09
• 50:11 Md. R. 448 (6-2-23)
10.09.07.08 •
50:7 Md. R. 309 (4-7-23)
10.09.08.01—.06,.09,.10
• 50:13 Md. R. 520 (6-30-23)
10.09.12.06,.07 •
50:6 Md. R. 222 (3-24-23)
10.09.15.03,.07 •
50:4 Md. R. 136 (2-24-23)
10.09.16.01—.13 •
50:4 Md. R. 136 (2-24-23)
10.09.27.01,.03—.06
• 50:6 Md. R. 225 (3-24-23)
10.09.28.01,.02,.04,.06
• 50:13 Md. R. 522 (6-30-23)
10.09.30.01—.11 •
50:15 Md. R. 685 (7-28-23)
10.09.31.01,.03—.06
• 49:22 Md. R. 982 (10-21-22)
10.09.33.01,.02,.06,.07,.09
• 50:6 Md. R. 227 (3-24-23)
10.09.34.06 •
50:6 Md. R. 228 (3-24-23)
10.09.36.01—.03,.07,.09—.11
• 50:13 Md. R. 524 (6-30-23)
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)
10.09.48.08 •
50:6 Md. R. 229 (3-24-23)
10.09.52.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.53.01,.07 •
50:7 Md. R. 311 (4-7-23)
10.09.54.01,.04,.14,.16,.17,.22
• 50:3 Md. R. 94 (2-10-23)
10.09.56.22 •
50:4 Md. R. 140 (2-24-23)
10.09.63.01—.06 •
50:13 Md. R. 526 (6-30-23)
10.09.76.01,.03,.05
• 50:1 Md. R. 13 (1-13-23)
10.09.89.09—.12,.14
• 50:6 Md. R. 230 (3-24-23)
Subtitles 10—22 (3rd volume)
10.11.04.02,.04 • 50:15 Md. R. 689
(7-28-23)
10.14.08.01—.08 • 50:13 Md. R.
528 (6-30-23)
10.15.03.02,.27 • 50:15 Md. R. 690
(7-28-23)
10.19.07.02 • 50:13 Md. R. 530
(6-30-23)
10.19.08.01—.06 • 50:13 Md. R.
530 (6-30-23)
10.21.01.04,.08 • 49:23 Md. R.
1000 (11-4-22)
Subtitles 23—36 (4th volume)
10.24.01.01—.22 •
50:14 Md. R. 597 (7-14-23)
10.26.02.02—.05 •
50:15 Md. R. 691 (7-28-23)
10.26.06.01—.03 •
50:15 Md. R. 691 (7-28-23)
10.27.01.05 •
50:13 Md. R. 532 (6-30-23)
10.28.01.01—.06 •
49:26 Md. R. 1084 (12-16-22)
10.34.34.02—.12 •
50:13 Md. R. 533 (6-30-23)
Subtitles 37—52 (5th volume)
10.37.10.26 •
49:18 Md. R. 822 (8-26-22)
10.38.08.01—.08 •
50:15 Md. R. 693 (7-28-23)
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)
10.42.06.02,.03,.05—.11
• 50:15 Md. R. 695 (7-28-23)
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)
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)
10.63.01.02,.05 •
50:4 Md. R. 143 (2-24-23)
10.63.02.02 •
50:4 Md. R. 143 (2-24-23)
10.63.03.20,.21 •
50:4 Md. R. 143 (2-24-23)
10.64.01.15 •
50:15 Md. R. 698 (7-28-23)
10.65.10.01—.06 •
50:2 Md. R. 69 (1-27-23)
10.67.06.26-6 •
49:22 Md. R. 982 (10-21-22)
10.67.06.26-7 •
50:13 Md. R. 526 (6-30-23)
10.67.08.02 •
50:14 Md. R. 618 (7-14-23)
11 DEPARTMENT OF
TRANSPORTATION
Subtitles 11—23 (MVA)
11.12.01.14 •
50:15 Md. R. 698 (7-28-23)
11.15.22.17 •
50:12 Md. R. 479 (6-16-23)
11.17.13.02 •
50:10 Md. R. 408 (5-19-23)
13A STATE BOARD OF EDUCATION
13A.02.06.01,.02,.05—.07
• 50:14 Md. R. 620 (7-14-23)
13A.03.02.02,.04,.06,.07,.09,.09-1
• 50:11 Md. R. 449 (6-2-23)
13A.03.04.01,.02
• 50:11 Md. R. 449 (6-2-23)
13A.07.06.01—.15
• 50:14 Md. R. 621 (7-14-23) (ibr)
13A.12.01.01—.14
• 50:14 Md. R. 633 (7-14-23)
13A.12.02.01—.29
• 50:14 Md. R. 633 (7-14-23)
13A.12.03.01—.12
• 50:14 Md. R. 633 (7-14-23)
13A.12.04.01—.16
• 50:14 Md. R. 633 (7-14-23)
13A.12.05.01—.15
• 50:14 Md. R. 633 (7-14-23)
13A.12.06.01—.09
• 50:14 Md. R. 633 (7-14-23)
13A.12.07.01—.08
• 50:14 Md. R. 633 (7-14-23)
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.01.01.17 •
50:4 Md. R. 153 (2-24-23)
13B.02.06.01,.06,.11,.14
• 50:4 Md. R. 153 (2-24-23)
13B.03.01.03,.13
• 50:4 Md. R. 155 (2-24-23)
13B.07.02.03 •
50:4 Md. R. 156 (2-24-23)
13B.08.12.01—.08
• 50:4 Md. R. 156 (2-24-23)
13B.08.20.02—.13
• 50:4 Md. R. 158 (2-24-23)
14 INDEPENDENT AGENCIES
14.01.02.02,.03 •
50:15 Md. R. 699 (7-28-23)
14.01.03.01—.17 •
50:14 Md. R. 659 (7-14-23)
14.04.01.01 •
50:14 Md. R. 661 (7-14-23)
14.04.02.04—06 •
50:14 Md. R. 661 (7-14-23)
14.04.06.03,.07 •
50:14 Md. R. 661 (7-14-23)
14.04.09.01—.07 •
50:14 Md. R. 661 (7-14-23)
14.22.01.12,.14 •
50:13 Md. R. 534 (6-30-23)
14.35.07.22 •
50:13 Md. R. 535 (6-30-23)
14.35.20.01—.12 •
50:13 Md. R. 536 (6-30-23)
14.37.01.01 •
50:14 Md. R. 663 (7-14-23)
14.37.02.01—.11 •
50:14 Md. R. 663 (7-14-23)
14.37.03.01,.02 •
50:14 Md. R. 663 (7-14-23)
14.37.04.02 •
50:14 Md. R. 663 (7-14-23)
14.37.05.02 •
50:14 Md. R. 663 (7-14-23)
14.40.04.01—.03 •
50:15 Md. R. 700 (7-28-23)
14.40.05.03,.04 •
50:15 Md. R. 702 (7-28-23)
20 PUBLIC SERVICE
COMMISSION
20.50.01.03 • 50:10 Md. R. 410
(5-19-23)
20.50.02.02 • 50:10 Md. R. 410
(5-19-23)
20.50.03.04 • 50:10 Md. R. 410
(5-19-23)
20.50.11.01 • 50:10 Md. R. 410
(5-19-23)
20.50.12.01,.02,.04,.05,.08—18 •
50:10 Md. R. 410 (5-19-23)
20.85.03.09 •
50:10 Md. R. 417 (5-19-23)
50:11 Md. R. 455 (6-2-23) (corr)
21 STATE PROCUREMENT
REGULATIONS
21.01.02.01 • 50:12 Md. R. 480
(6-16-23)
21.01.03.01,.01-1,.03 • 50:12 Md.
R. 480 (6-16-23)
21.02.01.04 • 50:12 Md. R. 480
(6-16-23)
21.03.05.01 • 50:12 Md. R. 480
(6-16-23)
21.05.01.01 • 50:12 Md. R. 480
(6-16-23)
21.05.02.01 • 50:12 Md. R. 480
(6-16-23)
21.05.02.14 • 50:13 Md. R. 539
(6-30-23)
21.05.03.02 • 50:12 Md. R. 480
(6-16-23)
21.05.03.03 • 50:13 Md. R. 539
(6-30-23)
21.05.06.01 • 50:12 Md. R. 480
(6-16-23)
21.05.07.06 • 50:12 Md. R. 480
(6-16-23)
21.05.08.05 • 50:12 Md. R. 480
(6-16-23)
21.05.09.08 • 50:12 Md. R. 480
(6-16-23)
21.05.13.01,.03,.05 • 50:12 Md.
R. 480 (6-16-23)
21.05.14.01—.06 • 50:12 Md. R.
480 (6-16-23)
21.05.15.01—.05 • 50:12 Md. R.
480 (6-16-23)
21.06.09.01 • 50:12 Md. R. 480
(6-16-23)
21.07.01.31 • 50:12 Md. R. 480
(6-16-23)
21.07.02.05-2 • 50:12 Md. R. 480
(6-16-23)
21.07.03.27 • 50:12 Md. R. 480
(6-16-23)
21.08.03.03 • 50:12 Md. R. 480
(6-16-23)
21.10.08.01,.02,.06 • 50:12 Md.
R. 480 (6-16-23)
21.11.01.02,.06 • 50:12 Md. R.
480 (6-16-23)
21.11.03.03,.09,.17 • 50:12 Md.
R. 480 (6-16-23)
21.11.03.10 • 50:13 Md. R. 539
(6-30-23)
21.11.05.01—.07 • 50:12 Md. R.
480 (6-16-23)
21.11.14.04 • 50:12 Md. R. 480
(6-16-23)
21.13.01.08,.14,.18 • 50:12 Md.
R. 480 (6-16-23)
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)
26.11.17.01,.04 •
50:11 Md. R. 455 (6-2-23)
26.11.34.02 •
50:10 Md. R. 417 (5-19-23)
30 MARYLAND INSTITUTE FOR
EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
30.09.12.04 •
50:13 Md. R. 541 (6-30-23)
30.09.14.04 •
50:13 Md. R. 541 (6-30-23)
31 MARYLAND INSURANCE
ADMINISTRATION
31.04.22.02—.07 •
50:12 Md. R. 491 (6-16-23)
31.10.06.06 •
50:9 Md. R. 385 (5-5-23)
33 STATE BOARD OF
ELECTIONS
33.01.01.01 • 50:15 Md. R. 703
(7-28-23)
33.02.03.01—.05 • 50:13 Md. R.
542 (6-30-23)
33.07.11.01,.02 • 50:15 Md. R. 703
(7-28-23)
33.12.02.01 • 50:13 Md. R. 542
(6-30-23)
33.13.10.05 • 50:12 Md. R. 492
(6-16-23)
33.13.13.06 • 50:12 Md. R. 492
(6-16-23)
33.13.21.01—.05 •
50:15 Md. R. 705 (7-28-23)
33.15.02.01 •
50:15 Md. R. 703 (7-28-23)
33.15.03.01,.02 •
50:15 Md. R. 703 (7-28-23)
33.17.04.06 •
50:13 Md. R. 542 (6-30-23)
33.17.05.03 •
50:13 Md. R. 542 (6-30-23)
33.17.07.01 •
50:13 Md. R. 542 (6-30-23)
33.18.01.02 •
50:15 Md. R. 705 (7-28-23)
33.19.01.01 •
50:13 Md. R. 542 (6-30-23)
33.19.02.01 •
50:13 Md. R. 542 (6-30-23)
The Governor
EXECUTIVE ORDER 01.01.2023.10
(Rescinds Executive Order 01.01.2021.03)
Maryland 250 Commission
WHEREAS, The 250th anniversary of the founding of the United
States of America will occur on July 4, 2026;
WHEREAS, It is in the interest of the State to develop,
encourage, and execute an inclusive observance of the 250th anniversary of the
founding of the nation that recognizes all Marylanders’ struggle for life,
liberty and the pursuit of happiness before, during and after the
Revolution.
WHEREAS, Maryland made significant contributions to the
Revolutionary War by supplying material, resources, ships and soldiers;
WHEREAS, This anniversary invites us to reflect on the
ongoing evolution of American democracy, Maryland’s integral role in that
process, and the impact of Marylanders on the nation’s past, present, and
future;
WHEREAS, Stories of revolution exist in all periods of time
and in all places and sectors of our State, demonstrating Marylanders’
boundless capacity for innovation, growth and development;
WHEREAS, By celebrating our successes and reckoning with our
setbacks, we will deepen public understanding of our complex history,
strengthen public appreciation for service to our country, and inspire public
engagement in civic life;
WHEREAS, Inclusive conversations about our shared past allow
us to discuss who we are today and who we want to be in the future so that we
may invigorate and sustain the United States of America for the benefit of
future generations, ensuring that no one is left behind.
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 01.01.2021.03 AND PROCLAIM THE
FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:
I. There is a Maryland 250 Commission (the “Commission”).
II. Membership.
A. The Commission shall consist of the following members:
1. The Lieutenant Governor;
2. The Secretary of Budget and Management, or the Secretary’s
designee;
3. The Secretary of Commerce, or the Secretary’s designee;
4. The Secretary of General Services, or the Secretary’s designee;
5. The Secretary of Natural Resources, or the Secretary’s designee;
6. The Secretary of Planning, or the Secretary’s designee;
7. The Secretary of Service and Civic Innovation, or the
Secretary’s designee;
8. The Secretary of State, or the Secretary’s designee;
9. The Secretary of Veterans Affairs, or the Secretary’s
designee;
10. The State Superintendent of Schools, or the Superintendent’s
designee;
11. The State Archivist, or the Archivist’s designee;
12. The State Historic Preservation Officer, or the Officer’s
designee;
13. The Executive Director of the Governor’s Office of Community
Initiatives, or the Executive Director’s designee;
14. The Executive Director, Maryland State Arts Council, or the
Executive Director’s designee;
15. The Administrative Director of the Maryland Commission on
Indian Affairs, or the Administrative Director’s designee;
16. The Executive Director of the Maryland Commission on African
American History and Culture, or the Executive Director’s designee;
17. The Director of the Maryland Commission for Women, or the
Director’s designee; and
18. Up to five members of the general public appointed by the
Governor.
B. The following are invited to be, and shall be upon acceptance,
members of the Commission:
1. Two members appointed by the President of the Maryland Senate;
2. Two members appointed by the Speaker of the Maryland House of
Delegates;
3. The Executive Director of the Maryland Association of Counties,
or Executive Director’s designee;
4. The Executive Director of the Maryland Municipal League, or
Executive Director’s designee; and
5. Up to three members from the nonprofit community, selected from
the Maryland Center for History and Culture, the Maryland Humanities Council,
Preservation Maryland, or other similar organizations.
C. The Governor shall appoint the Chair and the Vice Chair of the
Commission.
D. Members serve at the pleasure of the Governor.
III. The Maryland Department of Planning shall provide the
Commission with resources and staff as feasible and necessary for administering
and facilitating the work of the Commission.
IV. Members of the Commission may not receive any compensation for
their services but may be reimbursed for their reasonable expenses incurred in
the performance of duties in accordance with the State Standard Travel
Regulations and as provided in the State budget.
V. The Commission shall:
A. Adopt administrative and financial procedures for the
transaction of business, including, but not limited to, the establishment of
advisory groups, committees, or working groups that address the themes of
history, service, and civics.
B. Hold at a minimum semi-annual meetings,
1. At times and places to be determined by the Chair;
2. That are conducted in accordance with the Open Meetings Act; and
3. That allow for remote meetings and electronic voting.
C. Coordinate, engage, and liaise with the U.S. Semiquincentennial
Commission, and other local, county, and state commissions, and private and
public partner organizations.
D. Serve as the State of Maryland’s official representative for the
Semiquincentennial, and all related activities, communications, and events.
E. Solicit, accept, use and dispose of donations, funds and gifts
in conformance with the Public Ethics Law, to support the goals and purposes of
the Commission.
F. Invite broad-based public input on the meaning, significance,
and opportunities of this anniversary that will inform development of
commemoration activities, programs, and events.
G. Acknowledge that the confiscation of Indigenous land and
displacement of Indigenous people is central to the United States’ origin story
and recognize the persistence and contributions of these communities today.
H. Honor the legacy of both free and enslaved African Americans in
the making of Maryland and the nation, whose untold stories of heroism and
perseverance are critical to the understanding of our shared past and present.
I. Support the identification and enhancement of cultural assets
that tell the story of who we are as Marylanders and promote place-based
visitor experiences for residents and visitors alike.
J. Engage youth, new Americans, and lifelong learners in programs
designed to encourage the search for meaning behind America and deepen
engagement in civic life.
K. Celebrate service to country and community, and create
opportunities that promote social responsibility, compassion and understanding
that will unite and strengthen Maryland’s diverse communities for the benefit
of all.
VI. The Commission shall further:
A. Submit an Action Plan to the Governor and General Assembly by
December 31, 2023, that outlines the Commission’s goals, mission, and
recommendations; and
B. Produce by December 31 of each year an annual report to the
Governor and General Assembly that includes an update on the Action Plan,
implementation benchmarks, related deadlines and schedules, and an accounting
and enumeration of all contracts, donations, and gifts.
VII. The Commission shall terminate on December 31, 2027.
VIII. This Executive Order shall be implemented in a manner that is
consistent with all applicable statutes and regulations. Nothing in this
Executive Order shall operate to contravene any State or federal law or to
affect the State's receipt of federal funding.
IX. If any provision of this Executive Order or its application to
any person, entity, or circumstance is held invalid by any court of competent
jurisdiction, all other provisions or applications of the Executive Order shall
remain in effect to the extent possible without the invalid provision or
application. To achieve this purpose, the provisions of this Executive Order
are severable.
GIVEN UNDER MY HAND AND THE GREAT
SEAL OF THE STATE OF MARYLAND, in the City of Annapolis, this 3rd day of July,
2023.
WES MOORE
Governor
ATTEST:
SUSAN LEE
Secretary of State
[23-15-13]
The Judiciary
SUPREME COURT OF MARYLAND
DISCIPLINARY PROCEEDINGS
This is to certify
that by an Order of this Court dated July 6, 2023, JASON ERIC FISHER (CPF# 9712160237), as of July 6, 2023, Jason Eric
Fisher’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 Opinion and Order of this Court dated July 7, 2023, WILLIAM FRANCIS TREZEVANT, as of July
7, 2023, William Francis Trezevant, an attorney not admitted to practice in the
State of Maryland is indefinitely suspended from the practice of law in the
State of Maryland. Notice of this action is given in accordance with Maryland
Rule 19-741(g).
* *
* * *
* * *
* *
This is to certify
that by an Opinion and Order of this Court dated July 10, 2023, GEORGE L. FARMER, as of July 10, 2023,
George L. Farmer, an attorney not admitted to practice in the State of Maryland
is indefinitely suspended from the practice of law in the State of Maryland.
Notice of this action is given in accordance with Maryland Rule 19-741(g).
[25-15-11]
Emergency Action on Regulations
Symbol Key
• Roman
type indicates text existing before emergency status was granted.
• Italic
type indicates new text.
• [Single brackets] indicate deleted text.
Emergency Regulations
Under State Government
Article, §10-111(b), Annotated Code of Maryland, an agency may petition the
Joint Committee on Administrative, Executive, and Legislative Review (AELR),
asking that the usual procedures for adopting regulations be set aside because
emergency conditions exist. If the Committee approves the request, the
regulations are given emergency status. Emergency status means that the
regulations become effective immediately, or at a later time specified by the
Committee. After the Committee has granted emergency status, the regulations
are published in the next available issue of the Maryland Register. The
approval of emergency status may be subject to one or more conditions,
including a time limit. During the time the emergency status is in effect, the
agency may adopt the regulations through the usual promulgation process. If the
agency chooses not to adopt the regulations, the emergency status expires when
the time limit on the emergency regulations ends. When emergency status
expires, the text of the regulations reverts to its original language.
Title 07
DEPARTMENT OF HUMAN SERVICES
Subtitle 05 SOCIAL SERVICES
ADMINISTRATION—PRIVATE CHILD PLACEMENT AGENCIES
07.05.01 License for Private
Child Placement Agencies
Authority: Family Law Article, §§5-327(b) and 5-501—5-521,
Annotated Code of Maryland
Agency Note: Federal Regulatory Reference: 45 CFR §§228.13 and 228.42
Notice of Emergency Action
[23-128-E]
The Joint Committee on Administrative, Executive, and Legislative
Review has granted emergency status to amendments to Regulation .14 under COMAR 07.05.01 License for Private Child Placement Agencies.
Emergency status began:
July 1, 2023.
Emergency status
expires: December 28, 2023.
Estimate of Economic Impact
The emergency action has no economic impact.
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small
businesses.
.14 Employee Qualifications.
A.—B. (text unchanged)
C. Qualifications of Specific Positions.
(1)—(3) (text unchanged)
[(4) A child placement worker shall:
(a) Have a master’s degree from an accredited school of social
work, and be State -licensed as a graduate social worker; or
(b) Be State-licensed as a social work associate and supervised by
a State-licensed graduate or certified social worker.]
(4) A child placement worker employed by an agency with a
license to provide treatment foster care placements or private adoptions shall
be:
(a) A State-licensed master’s level social worker and have received
a master’s degree from an accredited school of social work;
(b) A State-licensed bachelor social worker supervised by a
State-licensed master’s level social worker; or
(c) A State-licensed graduate professional counselor who is
supervised by a Board of Professional Counselors and Therapists-approved
supervisor or a State-licensed clinical professional counselor.
(5) A child placement worker employed by an agency with a
license to provide private foster care placements or independent living program
placements shall:
(a) Have a bachelor’s degree from an accredited college or
university in an approved behavioral science, such as child development;
sociology; psychology; counseling; nursing; criminology; juvenile justice;
human growth and development; human services; mental health; or human resources
management that includes at least 30 credit hours in human services or human
development; and
(b) Be supervised by a State-licensed master’s level social
worker.
VINCENT PACHECO
Government Affairs Administrator
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 64 BOARD OF NURSING —
LICENSED DIRECT-ENTRY MIDWIVES
10.64.01 Practice of Licensed
Direct-Entry Midwives
Authority: Health Occupations Article, §8-205, Annotated Code of
Maryland
Notice of Emergency Action
[23-142-E]
The Joint Committee on Administrative, Executive, and Legislative
Review has granted emergency status to amendments to Regulation .15 under COMAR 10.64.01 Practice of Licensed Direct-Entry Midwives.
Emergency status began:
July 11, 2023.
Emergency status
expires: January 7, 2024.
Editor’s Note: The text of this document will not be printed
here because it appears as a Notice of Proposed Action on page 698 of this
issue, referenced as [23-142-P].
LAURA HERRERA SCOTT
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 11 MOTOR VEHICLE
ADMINISTRATION—ADMINISTRATIVE PROCEDURES
11.11.05 Motor Vehicle Fees
Authority: Transportation Article, §12-104(b), Annotated Code of
Maryland, and as cited in Regulations .02—.06 of this chapter
Notice of Emergency Action
[23-155-E]
The Joint Committee on Administrative, Executive, and Legislative
Review has granted emergency status to amendments to Regulation .04 under COMAR 11.11.05 Motor Vehicle Fees.
Emergency status began:
July 11, 2023.
Emergency status
expires: January 7, 2024.
Estimate of Economic Impact
I. Summary of Economic Impact. This proposal is for the
purpose of authorizing certain plug–in electric drive vehicles for which a
permit has been obtained from the Motor Vehicle Administration to use high
occupancy vehicle (HOV) lanes regardless of the number of passengers in the
vehicles; and generally relating to the use of HOV lanes by plug–in electric
drive vehicles.
Currently, MDOT MVA has a permit in place. This proposal would not have
an impact on either the expenditures or the revenues for MDOT MVA. MDOT MVA
plans on charging a $5 fee for each sticker, and that would cover the cost of
the production of the sticker and the mailing. Currently, there are
approximately 60,000 registered vehicles eligible under Ch. 121 (H.B. 123),
Acts of 2023, to receive HOV lanes stickers. The anticipation is that
approximately 35,000 customers will request HOV stickers. Also, programming
hours would be required but could be handled with existing resources.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On Issuing agency:
|
|
|
|
Maryland Department of Transportation
|
(R+)
|
$175,000
|
|
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:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Ch. 121 (H.B. 123), Acts of 2023, requires MDOT MVA to charge a
fee of up to $20 for HOV lanes stickers. If MDOT MVA charges a $5 fee to the
customer per HOV sticker, the estimated income would be $175,000. This would be
35,000 stickers at a $5 cost for a total of $175,000.
Economic Impact on Small Businesses
The emergency action has minimal or no economic impact on small
businesses.
.04 Vehicle Registration Fees.
|
Service
|
Section
|
Fee
|
|
A.—L. (text
unchanged)
|
|
|
|
M. High Occupancy Vehicle (HOV) sticker.
|
25-108
|
5
|
CHRISTINE NIZER
Administrator
Motor Vehicle Administration
Final Action on Regulations
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 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 28 BOARD OF EXAMINERS OF
LANDSCAPE ARCHITECTS
09.28.04 Continuing
Professional Competency Requirements
Authority: Business Occupations and Professions Article, §9-309,
Annotated Code of Maryland
Notice of Final Action
[23-031-F]
On June 20, 2023, the Maryland Board of Examiners of Landscape
Architects adopted amendments to Regulations .01—.06, and .08 under COMAR 09.28.04 Continuing Professional
Competency Requirements. This action, which was proposed for adoption in
50:9 Md. R. 382—384 (May 5, 2023), has been adopted as proposed.
Effective Date: August 7, 2023.
CHRISTOPHER SCHEIN
Chair
Maryland Board of Examiners of Landscape Architects
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.10 Nursing Facility
Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105,
19-14B-01, and 19-310.1, Annotated Code of Maryland
Notice of Final Action
[23-009-F]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulations .07 and .08 under COMAR 10.09.10 Nursing Facility Services. This action, which was
proposed for adoption in 50:6 Md. R. 221—222 (March 24, 2023), has been adopted
as proposed.
Effective Date: August 7, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.17 Physical Therapy
Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-141.2, Annotated Code of Maryland
Notice of Final Action
[22-288-F]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulations .03 and .04 under COMAR 10.09.17 Physical Therapy Services. This action, which was
proposed for adoption in 50:4 Md. R. 139 (February 24, 2023), has been adopted
as proposed.
Effective Date: August 7, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.23 Early and Periodic
Screening, Diagnosis and Treatment (EPSDT) Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-141.2, Annotated Code of Maryland
Notice of Final Action
[22-342-F-I]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulations .01, .01-1, .03—.05, .07, and .08 under COMAR 10.09.23 Early and Periodic Screening, Diagnosis, and Treatment
(EPSDT) Services. This action, which was proposed for adoption in 50:6 Md.
R. 224—225 (March 24, 2023), has been adopted as proposed.
Effective Date: August 7, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.29 Residential Treatment
Center Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action
[22-335-F]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulation .07 under COMAR 10.09.29 Residential Treatment Center
Services. This action, which was proposed for adoption in 50:7 Md. R.
310—311 (April 7, 2023), has been adopted as proposed.
Effective Date: August 7, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 32 BOARD OF PHYSICIANS
Notice of Final Action
[22-117-F]
On June 16, 2023, the Secretary of Health adopted amendments to:
(1) Regulation .03 under
COMAR 10.32.01 General Licensure
Regulations; and
(2) Regulation .03
under COMAR 10.32.02 Hearings Before the
Board of Physicians.
This action, which was proposed for adoption in 49:16 Md. R.
768—769 (July 29, 2022), has been adopted as proposed.
Effective Date: August 7, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 32 BOARD OF
PHYSICIANS
10.32.02 Hearings Before the
Board of Physicians
Authority: Health Occupations Article, §§1-307, 1-402, 1-602—1-604, 1-606, 14-205, 14-317, 14-404—14-409, 14-411, 14-505,
14-5A-03, 14-5A-13(d), 14-5A-16, 14-5A-17, 14-5A-17.1, 14-5A-19, 14-5B-03,
14-5B-12(d),
14-5B-13, 14-5B-14, 14-5B-14.1, 14-5B-16, 14-5C-03, 14-5C-14(h),
14-5C-16, 14-5C-17, 14-5C-19, 14-5D-12(g),
14-5D-13—14-5D-16,
14-5E-03, 14-5E-13(h), 14-5E-15,
14-5E-16, 14-5E-17, 14-5E-19, 14-5F-04, 14-5F-15(e), 14-5F-17, 14-5F-18, 14-5F-23,
14-5F-24, 14-601, 14-606,
15-205(c), 15-307(f), 15-311, 15-312,
15-314, 15-315, 15-316 and 15-403; State Government Article, §§10-206, 10-216,
and 10-226; Annotated Code of Maryland
Notice of Final Action
[22-118-F]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulation .10 under COMAR 10.32.02 Hearings Before the Board
of Physicians. This action, which was proposed for adoption in 49:16 Md. R.
769—772 (July 29, 2022), has been adopted as proposed.
Effective Date: August 7, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle 04 POLICE TRAINING AND
STANDARDS COMMISSION
12.04.01 General Regulations
Authority: Public Safety Article, §§3-207 and 3-208, Annotated Code of Maryland
Notice of Final Action
[23-072-F]
On July 12, 2023, the Police Training and Standards Commission
adopted amendments to Regulations .09
and .14 under COMAR 12.04.01 General Regulations. This action, which was proposed
for adoption in 50:10 Md. R. 409 (May 19, 2023), has been adopted as proposed.
Effective Date: August 7, 2023.
COL. ROLAND L. BUTLER, JR.
Acting Chair
Police Training and Standards Commission
Title 13B
MARYLAND HIGHER EDUCATION COMMISSION
Subtitle 08 FINANCIAL AID
13B.08.01 2 + 2 Transfer
Scholarship Program
Authority: Education Article, §§11-105(u), 18-204(c), and
18-2501—18-2507, Annotated Code of Maryland
Notice of Final Action
[22-126-F]
On September 29, 2022, the Maryland Higher Education Commission
adopted amendments to Regulation .02
under COMAR 13B.08.01 2+2 Transfer
Scholarship Program. This action, which was proposed for adoption in 49:16
Md. R. 772 (July 29, 2022), has been adopted as proposed.
Effective Date: August 7, 2023.
SANJAY RAI, PH.D.
Acting Secretary of Higher Education
Subtitle 08
FINANCIAL AID
13B.08.13 Edward T. and Mary
A. Conroy Memorial Scholarship Program and Jean B. Cryor Memorial Scholarship
Program
Authority: Education Article, §§11-105(u), 18-204(c), and 18-601,
Annotated Code of Maryland
Notice of Final Action
[22-135-F]
On September 29, 2022, the Maryland Higher Education Commission
adopted amendments to Regulation .03
under COMAR 13B.08.13 Edward T. and Mary
A. Conroy Memorial Scholarship Program and Jean B. Cryor Memorial Scholarship Program. This action, which was
proposed for adoption in 49:17 Md. R. 802—803 (August 12, 2022), has been
adopted as proposed.
Effective Date: August 7, 2023.
SANJAY RAI, PH.D.
Acting Secretary of Higher Education
Subtitle 08
FINANCIAL AID
13B.08.14 Workforce Shortage
Student Assistance Grant Program
Authority: Education Article, §§11-105(u), 18-204(c), and 18-708,
Annotated Code of Maryland
Notice of Final Action
[22-136-F]
On September 29, 2022, the Maryland Higher Education Commission
adopted amendments to Regulations .02,
.06, and .07 under COMAR 13B.08.14
Workforce Shortage Student Assistance Grant Program. This action, which was
proposed for adoption in 49:17 Md. R. 803—804 (August 12, 2022), has been
adopted as proposed.
Effective Date: August 7, 2023.
SANJAY RAI, PH.D.
Acting Secretary of Higher Education
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.17 Hemp Farming Program
Authority: Agriculture Article, §14-307, Annotated Code of Maryland
Notice of Final Action
[23-073-F]
On July 19, 2023, the Maryland Department of Agriculture adopted
amendments to Regulations .02, .04, .08, and .10, new
Regulations .11 and .21, amendments to and the
recodification of existing Regulations .11—.15
to be Regulations .12—.16, and the
recodification of existing Regulations .16—.19
to be Regulations .17—.20 under COMAR 15.01.07 Hemp Farming Program.
This action, which was proposed for adoption in 50:11 Md. R. 452—455 (June 2,
2023), has been adopted as proposed.
Effective Date: August 7, 2023.
STEVEN A. CONNELLY
Deputy Secretary of Agriculture
Title 26
DEPARTMENT OF THE ENVIRONMENT
Subtitle 12 RADIATION MANAGEMENT
26.12.01 Radiation Protection
Authority: Environment Article, §§8-106, 8-301, and 8-304,
Annotated Code of Maryland
Notice of Final Action
[23-048-F-I]
On July 11, 2023, the Secretary of the Environment adopted
amendments to Regulation .01 under COMAR 26.12.01 Radiation Protection.
This action, which was proposed for adoption in 50:9 Md. R. 384—385 (May 5,
2023), has been adopted as proposed.
Effective Date: August 7, 2023.
SERENA McILWAIN
Secretary of the Environment
Proposed Action on Regulations
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 10 RACING COMMISSION
09.10.01 Thoroughbred Rules
Authority: Business Regulation Article, §11-210, Annotated Code of
Maryland
Notice of Proposed Action
[23-140-P]
The Maryland Racing Commission proposes to amend Regulation .07 under COMAR 09.10.01 Thoroughbred Rules. This action was considered by
the Maryland Racing Commission at public meeting held on June 6, 2023.
Statement of Purpose
The purpose of this amendment is to require an owner claiming a
horse to provide 1.5 percent of the claiming price to the horse retirement
program selected by the organization representing the horsemen.
Estimate of Economic Impact
I. Summary of Economic Impact. It is estimated that this
amendment would generate approximately $120,000.00 per year.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure (E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Horse owners
|
(-)
|
$120,000 annually
|
|
E. On other industries or
trade groups:
|
|
|
|
Beyond The Wire
|
(+)
|
$120,000 annually
|
|
F. Direct and indirect effects
on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Horse owners continue to claim.
E. Beyond The Wire will benefit from an additional funding source
for the support of retired race horses.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
It is estimated that this amendment would generate approximately
$120,000 per year. These funds will be generated from thoroughbred owners
claiming a horse and being charged an additional 1.5 percent of the claiming
price
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to J. Michael Hopkins, Executive Director,
Maryland Racing Commission, 300 Towsontown Blvd., Towson, MD 21286, or call
410-428-2391, or email to mike.hopkins@maryland.gov. Comments will be accepted
through September 1, 2023. A public hearing has not been scheduled.
.07 Claiming.
A.—C. (text unchanged)
D. A valid claim shall:
(1)—(8) (text unchanged)
(9) Be supported by funds on
deposit at the association in the name of the claimant in an amount sufficient
to cover the cost of the claim [and],
any taxes to which the claim may be subject,
and 1.5 percent of the claiming price,
which shall be paid to the horse retirement program approved by the
organization representing the majority of horsemen.
E.—R. (text unchanged)
MICHAEL J. ALGEO
Chairman
RACING COMMISSION
Subtitle 10 RACING
COMMISSION
09.10.01 Thoroughbred Rules
Authority: Business Regulation Article, §11-210, Annotated Code of
Maryland
Notice of Proposed Action
[23-141-P]
The Maryland Racing Commission proposes to amend Regulation .17 under COMAR 09.10.01 Thoroughbred Rules. This action was considered by
the Maryland Racing Commission during a public meeting held on June 6, 2023.
Statement of Purpose
The purpose of this amendment is to allow a trainer to enter up to
three horses in a race.
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 J. Michael Hopkins, Executive Director,
Maryland Racing Commission, 300 East Towsontown Blvd., Towson, MD 21286, or call
410-428-2391, or email to mike.hopkins@maryland.gov. Comments will be accepted
through September 1, 2023. A public hearing has not been scheduled.
.17 Entries, Declarations
and Scratches.
A. — WW. (text unchanged)
XX. The following rules apply to purse races and overnight events,
but do not apply to stake races or sweepstakes:
(1) A trainer may [not] enter [more than two] up to three horses in [a]
an overnight race if that race
has a least six entries with separate owners and or trainers. [A trainer may enter and start two
horses of separate ownership. When making a double entry in the same ownership,
the owner or trainer shall express a preference.] In no case may more than
two horses start in the same ownership and/or
trainer to the exclusion of a single entry.
(2)—(3) (text unchanged)
YY. (text unchanged)
MICHAEL J. ALGEO
Chairman
Racing Commission
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.30 Statewide Evaluation
and Planning Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Proposed Action
[23-133-P]
The Secretary of Health proposes to adopt new Regulation .01, amend and recodify existing
Regulations .01—.08 and .10 to be Regulations .02—.09 and .11, respectively, and recodify existing Regulation .09 to be Regulation .10 under COMAR 10.09.30 Statewide Evaluation and Planning Services.
Statement of Purpose
The purpose of this action is to clarify coverage for evaluation
and planning services provided via telehealth to Medicaid participants by the
Local Health Departments (LHD), or other contracted entities, in accordance
with Ch. 71 (S.B. 3), Acts of 2021, Preserve Telehealth Access Act of 2021. The
proposed action also aligns regulations with current practices associated with
comprehensive evaluations by LHDs when performed to determine eligibility for
services, inform individuals of available services, or as required for
Geriatric Evaluation Services (GES) or Preadmission Screening and Resident
Review (PASRR).
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 (TTY 800-735-2258), or email to
mdh.regs@maryland.gov. Comments will be accepted through August 28, 2023. A
public hearing has not been scheduled.
.01 Purpose.
The purpose of this chapter is to codify policy regarding
comprehensive evaluations performed for the purpose of determining eligibility
for services or informing individuals of available services or as required for
Geriatric Evaluation Services (GES) or Preadmission Screening and Resident
Review (PASRR).
[.01] .02 Definitions.
A. (text unchanged)
B. Terms Defined.
[(1) “Case management”
means a service which will assist recipients in gaining access to:
(a) The full range of Medical Assistance services for which the
individual is qualified; and
(b) Other needed support services such as medical, social, housing,
financial, adult day care, in-home aide, and counseling.
(2) “Case manager” means a licensed registered nurse or licensed
social worker, as defined in Regulation .02 of this chapter, who is employed by
the STEPS provider to provide STEPS case management services and who is
selected as case manager by the participant.]
[(3)] (1) “Comprehensive
evaluation” means the [determination] assessment
performed by a nurse or social worker, or both, using the [uniform assessment form specified] tools designated by the
Department, of a participant’s medical, social, and functional status by:
(a)—(c) (text unchanged)
[(4)] (2) (text unchanged)
[(5)] (3) “Financial
eligibility screening” means the determination of whether an individual
qualifies financially as a [STEPS] participant.
[(6) “Medical Assistance
Program” means a program of comprehensive medical and other health-related care
for indigent and medically indigent persons.
(7) “Multidisciplinary assessment” means the review of the
comprehensive evaluation and establishment of a recommended plan of care by the
multidisciplinary team for the participant.
(8) “Multidisciplinary team” means the group composed of the nurse
and social worker and, as appropriate, the participant or legally authorized
representatives, or both, the participant’s physician and providers of health
related services.]
(4) “Geriatric Evaluation Services (GES)” means the assessment
that is required to admit an individual to a State facility or Veteran’s
Administration hospital.
[(9)] (5) (text unchanged)
[(10) “Participant”
means:
(a) For the purposes of the STEPS comprehensive evaluation and
multidisciplinary assessment, a recipient or an individual who would be able to
establish financial eligibility under the Program within 6 months of admission
to a nursing home and:
(i) Who is certified by the Department or its designee as requiring
nursing home care under the Program pursuant to COMAR 10.09.10 or COMAR
10.09.11 or who, as determined by the STEPS provider based on the data
collected in the comprehensive evaluation, requires services consistent with
the Program’s description of the level of care and types of services rendered
in comprehensive care facilities reimbursed under the Program, including
participants who would require inpatient care if community based long term care
services were not available; and
(ii) Whose disabilities and needs cannot be adequately met in an
episodic ambulatory care setting but who requires continuing institutional or
community based long-term care services;
(b) For the purposes of STEPS case management, a recipient who:
(i) Is recommended for STEPS case management in the plan of care
developed as part of the STEPS multidisciplinary assessment, because case
management is considered necessary to enable the individual to gain access to
services;
(ii) Chooses to receive STEPS case management;
(iii) Is not receiving the same case management services under a
U.S. Department of Health and Human Services §1915(b) or §1915(c) waiver;
(iv) Does not reside in a long-term care institution; and
(v) Is not a hospital inpatient;]
(6) “Nurse practitioner” means a person who is licensed as a
nurse practitioner in the jurisdiction in which services are provided.
(7) “Participant” means a Medicaid recipient or an individual
who would be able to establish financial eligibility under the Program within 6
months of admission to a nursing facility, whose needs may not be adequately
met in an episodic ambulatory care setting, and who may require continuing
institutional or community based long-term care services.
[(11)]
(8) “Plan of care” means the written long term care plan composed of a
comprehensive evaluation [and
multidisciplinary assessment] of the
participant’s health status including:
(a) (text unchanged)
(b) [Prognosis] Psychosocial
status;
(c) (text unchanged)
(d) Type [and frequency] of services [required] recommended.
(9) “Preadmission Screening and Resident Review (PASRR)” means
the screening or reviewing of all individuals with mental illness or
intellectual disability who apply to or reside in Medicaid-certified nursing
facilities.
[(12)] (10)
“Program” [means the Maryland
Medical Assistance Program] has the same meaning as defined in COMAR
10.09.36.
[(13)] (11) “Provider” means a local health
department, or when necessary, a contracted agency:
[(a) For the purposes of
the STEPS comprehensive evaluation and multidisciplinary assessment, a health
services agency:]
[(i)] (a) Providing the [STEPS] comprehensive evaluation [and
multidisciplinary assessment]
through an appropriate agreement with the Department and identified as a
Program provider by the issuance of an individual account number;
[(ii)] (b)
Employing [licensed registered] nurses and [licensed] social
workers to provide the [STEPS] comprehensive evaluation [and multidisciplinary assessment
services]; and
[(iii)] (c)
Demonstrating experience in providing assessment and evaluation services and in
developing plans of care [for aged
and chronically ill clients; and].
[(b) For the purposes of
STEPS case management, a health services agency:
(i) Providing STEPS case management through an appropriate
agreement with the Department and identified as a Program provider by the
issuance of an individual account number;
(ii) Employing qualified licensed registered nurses and licensed
social workers as case managers; and
(iii) Demonstrating experience in providing case management and in
implementing plans of care for aged and chronically ill clients.]
[(14)] (12)
(text unchanged)
[(15) “Recipient” means
a person who is certified for, and is receiving, Medical Assistance benefits.]
(13) “Psychiatrist” means a person who is licensed as a
psychiatrist in the jurisdiction in which services are provided.
(14) “Psychologist” means a person who is licensed as a
psychologist in the jurisdiction in which services are provided.
[(16)]
(15) “Social worker” means a person who is [in compliance with the social work licensing requirements] licensed
as a social worker in the jurisdiction in which services are provided.
[(17) “Statewide
Evaluation and Planning Services (STEPS)” means long term care evaluation and
planning services including:
(a) A comprehensive evaluation;
(b) Multidisciplinary assessment including the establishment of the
plan of care; and
(c) Case management.]
[.02] .03 Licensing
Requirements.
[A. Nurses performing
STEPS shall be licensed pursuant to Health Occupations Article, §§7-101 and
7-301—7-315, Annotated Code of Maryland.
B. Social workers performing STEPS services shall be licensed
pursuant to Health Occupations Article, §18-205, Annotated Code of Maryland.
C. Under this chapter, licensed registered nurses shall:
(1) Have 2 years of community health nursing experience; or
(2) Be directly supervised by a licensed registered nurse with 2
years of community health nursing experience.]
The following health professionals providing services under this
regulation shall be licensed to practice in the jurisdiction in which services
are rendered:
(1) Nurses;
(2) Nurse practitioners;
(3) Psychiatrists;
(4) Psychologists; and
(5) Social workers.
[.03] .04 Conditions for
Participation.
[A. General requirements
for participation in the Medical Assistance Program are that providers shall:
(1) Ensure that employees performing STEPS meet the licensure
requirements as provided in Regulation .02 of this chapter;
(2) Apply for participation in the Program using the application
form designated by the Department;
(3) Be approved for participation by the Department;
(4) Have a provider agreement in effect;
(5) Verify the licenses and credentials of all professionals who are
employed by, or who contract with, the provider of services;
(6) Verify the eligibility of recipients;
(7) Accept payment by the Program as payment in full for services
rendered and make no additional charge to any person for STEPS specified under
Regulation .04 of this chapter;
(8) Provide services without discrimination on the basis of race,
color, age, sex, national origin, marital status, physical or mental handicap;
(9) Place no restrictions on a recipient’s right to select among
available health care providers;
(10) Maintain adequate records for a minimum of 5 years, and make
them available, upon request, to the Department or its designee;
(11) Not knowingly employ or contract with a person, partnership,
or corporation which has been disqualified from the Program to provide or
supply service to Medical Assistance recipients, unless prior written approval
has been received from the Department; and
(12) Agree that claims rejected for payment due to late billing may
not be billed to the participant.]
[B.] Specific requirements for participation in the Program are that [STEPS] providers shall:
[(1) Meet the
requirements of §A of this regulation;
(2) Have a written plan
for the implementation of STEPS;
(3) Be available to
participants at least 8 hours a day, 5 days a week and have established hours
of daily operation, including after hours procedures for handling emergency
cases;
(4) Have existing policies
and procedures concerning the completion of STEPS functions that the provider
in the provider agreement has agreed to perform;
(5) If approved as a
provider of STEPS multidisciplinary assessments, develop procedures to expedite
comprehensive evaluations when necessary, including the assurance that
comprehensive evaluations for inpatients will be completed within 3 working
days of an appropriate referral unless the client is not medically stable;
(6) If approved as a
provider of STEPS multidisciplinary assessments, convene the multidisciplinary
team for the participant which:
(a) Assesses the appropriateness of institutional or community
based long term care services for the participant,
(b) Determines the medical, psychological, social, and functional
status of each participant, and
(c) Develops an individual plan of care reflecting both needed
services and available services that are, or can be anticipated to be,
rendered;]
A. Ensure that all individuals performing services under
Regulation .05 of this chapter meet the licensure requirements as provided in
Regulation .03 of this chapter;
B. Have existing policies and procedures concerning the
completion of comprehensive evaluations, and expedition of those evaluations
when necessary, that the provider has agreed to perform;
[(7)] C. Develop, as
appropriate, [interagency,
intra-agency and other] agreements
in order to facilitate access to [long
term care] services and coordinate
with local public agencies and other providers [of long term care];
[(8)] D. If approved as a
provider of [STEPS multidisciplinary
assessments] comprehensive evaluations, inform participants of the results of
the [multidisciplinary assessment] comprehensive
evaluation and of available [long
term care] services; and
[(9) If approved as a
provider of STEPS case management, provide case management covered services to
recipients meeting the qualifications of STEPS case management participants.]
E. Ensure completion, at least every other year, of training on
the tools designated by the Department for the purposes of the comprehensive
evaluation, by all nurses and social workers providing services under this
chapter.
[.04] .05 Covered
Services.
A. The Program reimburses for completed [STEPS] comprehensive
evaluations [and multidisciplinary
assessments], which include assessment by a nurse, social worker, or
both[:].
[(1) Performance of a
comprehensive evaluation by a nurse or social worker, or both, not more than 5
working days after the date of an appropriate referral, unless the client is
not medically stable, except as specified in Regulation .03B(5) of this
chapter; and
(2) Completion of the multidisciplinary assessment not more than 10
working days after the date of the comprehensive evaluation.]
B. The comprehensive evaluation or designated form is to be
completed within the following time frames:
(1) 3 business days for all Geriatric Evaluation Services (GES)
and Preadmission Screening and Resident Review (PASRR) for individuals
transferring from a hospital to a nursing facility;
(2) 5 business days for all other PASRR; and
(3) 15 calendar days for all other purposes.
C. The comprehensive evaluation shall be completed in-person.
[B.] D. The Department will
reimburse for the services listed in §A of this regulation when they are:
(1) Rendered to [qualified] participants [for STEPS comprehensive evaluations and multidisciplinary
assessments] as defined in Regulation .02 of this chapter;
(2) Completed within the time frame specified in [§A]
§B of this regulation, unless [an]
the Department is notified, in writing,
of circumstances that prevent completion within the specified time frame and a temporary, alternative schedule
has been approved by the Department [or
documented client related circumstances prevent completion within the specified
time limits];
(3) (text unchanged)
(4) Rendered by a provider approved to perform [STEPS] comprehensive
evaluations [and multidisciplinary
assessments].
[C. The Program
reimburses for case management services which include:
(1) Discussing with the recipient the recommended plan of care from
the STEPS multidisciplinary assessment and informing the recipient of the
availability of the recommended services for which the recipient is potentially
eligible.
(2) Arranging for the delivery of services by referring the
recipient to qualified providers and negotiating with and securing service
providers selected by the recipient.
(3) Following up promptly to insure that all services are in place
and that the quantity and quality are sufficient to meet the recipient’s need.
(4) Monitoring the recipient and the service provision on an
ongoing basis. This activity includes regular telephone contact with the
recipient, recipient’s family or significant others, and service providers. The
telephone contacts should occur as often as necessary but at least monthly. It
also includes regularly scheduled home or in-person visits, at least quarterly.
(5) Providing assistance to service providers. This activity
includes providing patient-specific information to service providers, with the
participant’s written consent, in order to help them provide appropriate care.
(6) Determining the participant’s desire and continuing need for
case management services, to enable the recipient to remain in the community.
This determination is made not later than 60 days after management begins and
at least every 6 months after the initial 60 days. As necessary, the plan of
care is revised, with the participant’s input. If the participant’s condition
changes significantly, arrangements shall be made for a STEPS reassessment.
D. In the 60-day period immediately following the STEPS
multidisciplinary assessment, initial STEPS case management includes, as a unit
of service, the initial encounter with the participant to establish a plan of
care, as well as all other covered services necessary for implementation of the
plan of care. After this initial 60-day period, ongoing care management
activities include, as a unit of service, a monthly telephone contact with the
participant and all other covered services necessary as part of the follow-up.
E. The Department will reimburse for the services listed in §C of
this regulation when:
(1) Case management is recommended in the STEPS plan of care, as
necessary to enable the individual to remain in the community, and the
recipient chooses to receive these services;
(2) The STEPS case management provider and case manager are
available to provide case management services not more than 3 working days
after the receipt of the STEPS multidisciplinary assessment’s plan of care
recommendations and selection by the recipient as the provider and case
manager;
(3) The services are rendered to qualified participants for STEPS
case management;
(4) The services are adequately performed as reflected on the
completed form specified by the Department and submitted to the Program as a
condition for payment; and
(5) The services are rendered by a provider approved to perform
STEPS case management.]
[.05] .06 Limitations.
A. [STEPS] The
comprehensive evaluation is advisory in nature and is designed to assist
individuals in identifying and using appropriate long term care services.
B. A restriction may not be placed on the qualified recipient’s
option to receive the [STEPS
multidisciplinary assessment or case management services] comprehensive evaluation.
C. [STEPS] The
comprehensive evaluation does not restrict or otherwise affect:
(1)—(3) (text unchanged)
[D. STEPS services may
not be reimbursed if they are:
(1) Provided as an integral and inseparable part of another covered
Program service, since payment for case management is already included in
payment for that service; or
(2) Provided as part of an institution’s discharge planning.
E. Reimbursement may not be made for STEPS case management if the
participant is receiving the same type of case management services under
another Program authority.]
[.06] .07 Payment
Procedures.
A. Request for Payment.
(1)—(2) (text unchanged)
[(3) STEPS providers shall bill the Program the fee
specified in §C of this regulation.]
B. (text unchanged)
C. [Payments. Payments
shall be made:
(1) Only to a qualified STEPS provider as specified in these
regulations;
(2) According to the following fee-for-service schedule for STEPS,
effective July 1, 2011: Description Fee Per Unit of Service
(a) One completed STEPS comprehensive evaluation and
multidisciplinary assessment $370;
(b) One completed Medical Eligibility Review form (MDH 3871) for
applicants to the Home and Community-Based Services Waiver for Older Adults
under COMAR 10.09.54 and the Living at Home Program under COMAR 10.09.55 $52;
(c) Initial STEPS case management (only one unit of service may be
reimbursed during the initial 60 days following the beginning of STEPS case
management)$90;
(d) Other ongoing STEPS case management (only one unit of service
may be reimbursed per month) $15.]
Effective July 1, 2022, payments for comprehensive evaluations
shall be made in accordance with the fee schedule below:
|
When conducted for any purpose other than the Preadmission
Screening and Resident Review (PASRR) using the Department’s preferred tool
|
$482.95
|
|
When conducted for the purpose of determining eligibility for
any services that are not reimbursed by Medicaid or for the purpose of
Geriatric Evaluation Services using the tool that is not preferred by the
Department
|
$370.00
|
|
When conducted for the purpose of PASRR and does not require a
psychological or psychiatric review
|
$370.00
|
|
When conducted for the purpose of PASRR and requires a
psychological or psychiatric review
|
$440.00
|
|
When conducted for the purpose of PASRR and requires a
psychological and psychiatric review
|
$510.00
|
|
When conducted for the purpose of PASRR and requires a
psychological or psychiatric evaluation
|
$570.00
|
|
When conducted for the purpose of PASRR and requires a
psychological evaluation and a psychiatric review or a psychiatric evaluation
and a psychological review
|
$640.00
|
|
When conducted for the purpose of PASRR and requires both a
psychological and psychiatric evaluation
|
$770.00
|
[.07] .08 Recovery and
Reimbursement.
[A. If the recipient has
insurance or if any other person is obligated either legally or contractually
to pay for, or to reimburse the recipient for, any service covered by this
chapter, the provider shall seek payment from that source first. If payment is
made by both the Program and the insurance or other source, the provider shall
report, within 15 days after the close of each month, on a form designated by
the Department, the amount paid by the Program, and the insurance or the other
source, whichever is less, and refund the total amount of the lesser of the two
payments reported to the Program at that time.
B. If refund of a payment as specified in §A, of this regulation,
is not made, the Department will have the right to reduce its current payment
to the provider by the amount of the duplicate payment, overpayment, or
third-party payment.]
Recovery and reimbursement are as set forth in COMAR
10.09.36.07.
[.08] .09 Cause for
Suspension or Removal and Imposition of Sanctions.
[A. If the Department
determines that a provider, any agent or employee of the provider, or any
person with an ownership interest in the provider has failed to comply with the
applicable federal or State laws or regulations, the Department may initiate
one or more of the following actions against the responsible party:
(1) Suspension from the Program;
(2) Withholding of payment by the Program;
(3) Removal from the Program; and
(4) Disqualification from future participation in the Program,
either as a provider or as a person providing services for which Program
payment will be claimed.
B. If the Secretary of Health and Human Services suspends or
removes a provider from participation in Medicare, the Department shall take
similar action.
C. The Department shall give reasonable written notice to the
provider of its intention to impose sanctions. The written notice shall state the
effective date and specific reasons for the proposed action, and advise the
provider of the right to appeal.
D. A provider who voluntarily withdraws from the Program or is
removed or suspended from the Program according to this regulation shall notify
recipients that he no longer honors Medical Assistance cards before he renders
additional service.]
Cause for suspension or removal and imposition of sanctions are
as set forth in COMAR 10.09.36.08.
[.10] .11 Interpretive
Regulation.
[Except when the language
of a specific regulation indicates an intent by the Department to provide
reimbursement for covered services to Program recipients without regard to the
availability of federal financial participation, State regulations shall be
interpreted in conformity with applicable federal statutes and regulations.]
Interpretive regulatory requirements are as set forth in COMAR
10.09.36.10.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 11 MATERNAL AND CHILD HEALTH
10.11.04 Lead Poisoning
Screening Program
Authority: Environment Article, §6-303; and Health-General Article,
§18-106; Annotated Code of Maryland
Notice of Proposed Action
[23-121-P]
The Secretary of Health proposes to amend Regulations .02 and .04 under COMAR 10.11.04
Lead Poisoning Screening Program.
Statement of Purpose
The purpose of this action is to implement the Centers for Disease
Control and Prevention’s (CDC’s) lowered reference level of 3.5 micrograms per
deciliter for the clinical assessment of blood tests for lead poisoning of
minor children. The proposal also updates the term “elevated blood lead level”
to “blood lead reference value” to align regulations with CDC guidelines and
removes outdated references to prior effective dates. Additionally, the
proposal removes the definitions of and parts of regulations regarding
“children at high risk” and “high-risk area.”
The term “high-risk area” was defined in the 2004 Targeting Plan for
Areas at Risk for Childhood Lead Poisoning, but not in the 2015 Targeting Plan.
The term “children at high risk,” which applied only to children whose parents
were seeking exemptions from lead testing due to bona fide religious beliefs,
is no longer applicable based on the 2015 Targeting Plan.
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 2120, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through August 28, 2023. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “At-risk area” means[,
effective March 28, 2016,] any
geographic area within the State that has been designated by the Department as
at-risk for lead exposure[:
(a) For individuals born on January 1, 2015 or later] in the 2015 Targeting Plan for Areas
at Risk for Childhood Lead Poisoning[;
or
(b) For individuals born before January 1, 2015 in the 2004
Targeting Plan for Areas at Risk for Childhood Lead Poisoning].
(3) (text unchanged)
(3-1) “Blood lead reference value” means a blood lead level of
3.5 micrograms per deciliter.
(4)—(5) (text unchanged)
[(6) “Child at high-risk” means a child who resides, or has previously
resided, in an area within the State that has been designated as high-risk for
lead poisoning by the Department in the 2015 Targeting Plan.]
(7) (text unchanged)
[(8) "Elevated blood lead level" means:
(a) A blood lead level of 10 micrograms per deciliter or greater;
or
(b) A blood lead level of 5 micrograms per deciliter or greater for
a blood test performed after March 28, 2016.]
(9)—(10) (text unchanged)
[(11) “High-risk area” is an area within the State that has
been designated by the Department as high-risk for lead poisoning according to
the 2015 Targeting Plan.]
(12)—(13) (text unchanged)
[(14) “Local health
officer” means the county health officer in each of the 23 counties of Maryland
and the Commissioner of Health in Baltimore City, or their designated
representative.]
(15)—(23) (text unchanged)
.04 Blood Tests for Lead Poisoning.
A. [Effective March 28,
2016, a] A primary care provider for a child who resides, or who is known to
have previously resided, in an at-risk area shall administer a blood test for
lead poisoning during the 12-month visit and again during the 24-month visit.
B. [Effective March 28,
2016, a] A primary care provider for a child who is 24 months old or older
and younger than 6 years old who resides, or who is known to have previously
resided, in an at-risk area as defined in the [2004] 2015 Targeting Plan for Areas at Risk
for Childhood Lead Poisoning, shall administer a blood test for lead poisoning
if the:
(1)—(3) (text unchanged)
C.—D. (text unchanged)
E. A primary care provider shall administer a blood test for lead
poisoning, by venous methodology, if the results of a capillary blood test for
lead poisoning indicate [an elevated
blood lead level] a
blood lead level that exceeds the
blood lead reference level.
F.—G. (text unchanged)
H. Bona Fide Religious Beliefs — At Risk.
(1) If the parent or guardian of a child [who resides or has
previously resided in an at-risk area that is not a high risk area]
refuses to consent to a blood test for lead poisoning due to the parent or
guardian's stated bona fide religious beliefs and practices, a primary care
provider shall:
(a) Counsel the parent or guardian that the blood test for lead
poisoning is required by law due to the fact that their child is at risk for
having [an elevated blood lead level] a blood
lead level that exceeds the blood lead reference level; and
(b) (text unchanged)
(2)—(3) (text unchanged)
[I. Bona Fide Religious Beliefs — High Risk.
(1) If the parent or guardian of a child at high risk refuses to consent
to a blood test for lead poisoning due to the parent or guardian's stated bona
fide religious beliefs and practices, a primary care provider shall:
(a) Follow the procedures set forth in §H(1) and (2) of this
regulation; and
(b) If a provider determines that a child is at a substantial risk
of harm from lead exposure, the provider shall follow applicable law if the
child’s parent or guardian continues to refuse to have the child tested.
(2) If all the responses to the lead exposure risk questionnaire
are negative, the provider shall complete the form issued by the Department
indicating that the questionnaire was completed.]
J.—K. (text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 15 FOOD
10.15.03 Food Service
Facilities
Authority: Article Health-General, §§18–102, 21-101, 21-102,
21-202,
21-211, 21-234, 21-301, 21-304, 21-308, 21-309.1, 21-309.2, 21-324.1, and
21-330.1, Annotated Code of Maryland
Notice of Proposed Action
[23-134-P]
The Secretary of Health proposes to amend Regulations .02 and .27 under COMAR 10.15.03
Food Service Facilities.
Statement of Purpose
The purpose of this action is to:
(1) Align regulations with statutory changes to annual revenue
limits for cottage food businesses; and
(2) Clarify language related to cottage food businesses.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action raises
the annual revenue limits for cottage food businesses from $25,000 to $50,000.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Cottage food businesses
|
(+)
|
Indeterminable
|
|
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.)
D. Raising the annual revenue limit for cottage food businesses
may benefit some cottage food
businesses. The Department cannot determine how many cottage food businesses
would be affected by this change.
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 raise the annual revenue limit for
cottage food businesses from $25,000 to $50,000. This may have a beneficial
impact for some cottage food businesses, which are 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 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through August 28, 2023. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(14) (text unchanged)
(14-1) “Consumer” means a person who is a member of the public,
takes possession of food, is not functioning in the capacity of an operator of
a food service facility or food processing plant, and does not offer the food
for resale.
(15)—(17) (text unchanged)
(17-1) “Cottage food business” means a business that:
(a) (text unchanged)
(b) Has annual revenues from the sale of cottage food products in
an amount not exceeding [$25,000] $50,000.
(17-2)—(86) (text unchanged)
.27 Farmer’s Market, Bake Sales, and Cottage Food Business.
A. [The approving
authority shall accept as being from an approved source] A cottage food business may
offer for sale the homemade foods specified in §B of this regulation when
the foods are:
(1)—(2) (text unchanged)
B. The [approving
authority] Department shall allow the preparation and sale of the following
foods in accordance with §A of this regulation:
(1)—(7) (text unchanged)
C. Cottage Food Business.
(1) The [approving
authority] Department shall allow the owner of a cottage food business to sell
only cottage food products processed and packaged in Maryland that are:
(a)—(c) (text unchanged)
(2)—(3) (text unchanged)
(4) Upon receipt of a complaint or outbreak of illness the [approving authority] Department
may:
(a)—(c) (text unchanged)
(5)—(7) (text unchanged)
D. If the [approving
authority] Department finds a person to be in violation of any provision of
this regulation, the [approving
authority] Department:
(1) (text unchanged)
(2) May determine that food produced in a private home kitchen by
the person [is not from an approved
source] may not be offered for sale as a cottage food.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 26 BOARD OF ACUPUNCTURE
Notice of Proposed Action
[23-137-P]
The Secretary of Health proposes to:
(1) Amend Regulations .02—.05
under COMAR 10.26.02 General Regulations; and
(2) Adopt new Regulations .01—.03
under a new chapter, COMAR 10.26.06 Continuing Education.
This action was considered by the Board of Acupuncture at a public
meeting held on July 12, 2022, notice of which was given by publication on the
Board’s website at Maryland Department of Health Maryland Board of Acupuncture
pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Update the definition of “practice acupuncture” as a result of
Ch. 543, Acts of 2019;
(2) Add language that an applicant shall have graduated from a
master’s level program or its equivalent in acupuncture, as a result of Ch.
543, Acts of 2019;
(3) Remove obsolete language and make clarifying changes; and
(4) Delete the continuing education (CE) requirements under COMAR
10.26.02.05F and establish a new chapter for CE requirements.
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 (TTY 800-735-2258),
or email to mdh.regs@maryland.gov. Comments will be accepted through August 28,
2023. A public hearing has not been scheduled.
10.26.02 General
Regulations
Authority:
Agriculture Article, §§2-301(g) and 2-304; Health Occupations Article, §§1-211,
1A-205, 1A-301, 1A-302, 1A-306,
1A-307, and 1A-316; Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Acupuncture”
means a form of health care[,] based on [a theory] East Asian medical theories of energetic
physiology[,] that [describes] describe
the interrelationship of the body organs [or] and
functions of a human or animal [with
an associated point or combination of points].
(3)—(7)
(text unchanged)
(8) “Practice
acupuncture” means the use of [oriental] East
Asian medical therapies for the purpose of normalizing energetic
physiological functions including pain control, and for the promotion,
maintenance, and restoration of health including, but not limited to:
(a) Stimulation of [points of] a human or animal body by the insertion of [acupuncture] needles;
(b) (text unchanged)
(c) Manual,
mechanical, thermal, or electrical therapies only when performed in accordance
with the principles of [oriental
acupuncture] East Asian medical theories.
(9)—(10) (text unchanged)
.03 Application for
License.
A.—C. (text
unchanged)
D. The applicant
shall provide documentary evidence of having met one of the following standards
for education, training, or demonstrated experience:
(1) Graduation from [a course of training of at least 1,800
hours in acupuncture, including 300 clinical hours,] at least a master’s level
program or its equivalent in acupuncture that is:
(a) Approved by the
Maryland Higher Education Commission[,];
(b) (text unchanged)
(c) Found by the
Board to be equivalent to a course approved [by the ACAOM] or accredited by the authority listed under
§D(1)(a) or (b) of this regulation; or
(2) (text unchanged)
E. An applicant shall
demonstrate proof of proficiency in the written and oral communication of the
English language by providing documentary evidence that the applicant has:
(1) [The applicant has completed] Completed
at least 60 classroom credits from an English-speaking undergraduate school or
English-speaking professional school; [or]
(2) [The applicant has achieved] Achieved
a passing score on the TOEFL within the 2 years preceding license
application[.]; or
(3) Passed the
NCCAOM written and practical examination components in English.
[F. Proof of proficiency in the English
language does not apply to an individual who was in possession of a valid
Maryland acupuncture license by March 1, 1996, or had applied by that date and
subsequently met all requirements for licensure.]
.04 Approval of
Applicant for Licensure.
A.—D. (text
unchanged)
[E. For each
individual registered with the State Board of Physician Quality Assurance to
perform acupuncture as of July 1, 1994, the Board shall consider the individual
licensed until December 31, 1995.]
.05 Term, Renewal,
Reinstatement, and Inactive Status.
A.—E. (text
unchanged)
[F.
Continuing Education.
(1) A licensee applying for renewal shall complete 30 hours of
relevant continuing education during the 2-year period preceding the expiration
of the license which include the following:
(a) At least 20 hours in formally organized programs which are
relevant to the practice of acupuncture and Oriental medicine and are approved
by the Board or sponsored by, but not limited to, the following organizations
and their member organizations:
(i) American Academy of Medical Acupuncture;
(ii) American Association of Acupuncture and Oriental Medicine
(AAAOM);
(iii) Council of Colleges of Acupuncture and Oriental Medicine
(CCAOM);
(iv) Colleges and universities accredited by the Accreditation
Commission for Acupuncture and Oriental Medicine (ACAOM);
(v) National Commission for the Certification of Acupuncture and
Oriental Medicine (NCCAOM);
(vi) Society for Acupuncture Research; or
(vii) The National Acupuncture Detoxification Association;
(b) Not more than 10 hours of formally organized training programs
in Western science and medical practices, medical ethics, medical research, or
cardiopulmonary resuscitation which are relevant to the practice of acupuncture
and are sponsored by, but not limited to, organizations listed in §F(1)(a) of
this regulation and the following organizations:
(i) World Health Organization (WHO);
(ii) National Institutes of Health (NIH);
(iii) American Medical Association (AMA);
(iv) American Nurses Association (ANA);
(v) American Psychiatric Association (APA);
(vi) Red Cross;
(vii) Local colleges; or
(viii) Local hospitals;
(c) Not more than 10 hours of training in approved programs which
will assist a licensee to carry out the licensee’s professional
responsibilities, including, but not limited to:
(i) Management courses for a school administrator;
(ii) Foreign language training for translators of relevant texts;
(iii) Educational methodology for teachers of acupuncture;
(d) Not more than 10 hours teaching acupuncture and related
Oriental medical therapies in an accredited school or in a program approved for
acupuncture continuing education;
(e) Not more than 7 hours of pro bono work as outlined in §F(3) of
this regulation; or
(f) Not more than 7 hours in published writing or articles in
acupuncture and Oriental medicine that are:
(i) Peer-reviewed research or peer-reviewed clinically relevant
articles in acupuncture and Oriental medicine; and
(ii) Limited to 4 hours per article.
(2) Pro Bono Work.
(a) Pro bono work shall earn 1 credit hour for each 3 hours of pro
bono activity up to a maximum of 7 credit hours per renewal cycle.
(b) Pro bono work shall be for the provision of acupuncture
services provided through an organization offering humanitarian services such
as, but not limited to:
(i) Domestic or international victims in an emergency situation or
disaster area;
(ii) Low income or underserved areas or populations;
(iii) Special needs populations; or
(iv) United States military personnel.
(c) Upon completion of the pro bono work, the licensee shall obtain
from the facility written documentation of completion of pro bono hours
including:
(i) The name of the facility;
(ii) The address where the pro bono work was provided;
(iii) The type of work that was done;
(iv) The number of hours of actual work provided for which the
licensee desires credit hours; and
(v) A statement guaranteeing that the work provided no financial
benefit to licensee.
(3) Licensees shall maintain the documentation of their continuing
education credits for 4 years from the date of their acupuncture renewal.
(4) If requested by the Board, a licensee shall provide proof of
continuing education attendance by providing documentation of:
(a) Name of the program;
(b) Date of the program;
(c) Number of continuing education hours earned; and
(d) Name of the sponsoring organization.]
10.26.06 Continuing Education
Authority: Health
Occupations Article, §§1A-205 and 1A-306, Annotated Code of Maryland
.01 Scope.
This regulation governs all acupuncturists licensed to practice
in the State of Maryland.
.02 Definitions.
A. In this chapter, the following term has the meaning
indicated.
B. Term Defined. “Board” means the State Board of Acupuncture.
.03 Licensure Renewal.
A. A licensee applying for renewal shall complete 30 hours of
relevant continuing education during the 2-year period preceding the expiration
of the license which include the following:
(1) At least 20 hours in formally organized programs approved by
the Board which are relevant to the practice of acupuncture and East Asian
medicine;
(2) Not more than 10 hours of formally organized training
programs in Western science and medical practices, medical ethics, medical
research, or cardiopulmonary resuscitation which are relevant to the practice
of acupuncture and East Asian medicine;
(3) Not more than 10 hours of training in approved programs
which will assist a licensee to carry out the licensee’s professional
responsibilities, including, but not limited to:
(a) Management courses for a school administrator;
(b) Foreign language training for translators of relevant texts;
or
(c) Educational methodology for teachers of acupuncture;
(4) Not more than 10 hours teaching acupuncture and related East
Asian medical therapies in an accredited school or in a program approved for
acupuncture continuing education;
(5) Not more than 7 hours of pro bono work as outlined in §B of
this regulation;
(6) Not more than 7 hours in published writing or articles in
acupuncture and East Asian medicine that are:
(a) Peer-reviewed research or peer-reviewed clinically relevant
articles in acupuncture and East Asian medicine; and
(b) Limited to 4 hours per article;
(7) Not more than 20 hours for passage of the NCCAOM exam within
the 2-year period preceding the expiration of the license; or
(8) Not more than 10 hours serving on a professional board
involving:
(a) Acupuncture; or
(b) East Asian medicine.
B. Pro Bono Work.
(1) Pro bono work shall:
(a) Earn 1 credit hour for each 3 hours of pro bono activity up
to a maximum of 7 credit hours per renewal cycle; and
(b) Be for the provision of acupuncture services provided
through an organization offering humanitarian services such as, but not limited
to:
(i) Domestic or international victims in an emergency situation or
disaster area;
(ii) Low-income or underserved areas or populations;
(iii) Special needs populations; or
(iv) United States military personnel.
(2) Upon completion of the pro bono work, the licensee shall
obtain from the facility written documentation of completion of pro bono hours,
including:
(a) The name of the facility;
(b) The address where the pro bono work was provided;
(c) The type of work that was done;
(d) The number of hours of actual work provided for which the
licensee desires credit hours; and
(e) A statement guaranteeing that the work provided no financial
benefit to the licensee.
C. Licensees shall maintain the documentation of their
continuing education credits for 4 years from the date of their acupuncture
renewal.
D. If requested by the Board, a licensee shall provide proof of
continuing education attendance by providing documentation of:
(1) Name of the program;
(2) Date of the program;
(3) Number of continuing education hours earned; and
(4) Name of the sponsoring organization.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 38 BOARD OF PHYSICAL THERAPY
EXAMINERS
10.38.08 Continuing Education
Requirements
Authority: Health Occupations Article, §§13-206 and 13-311,
Annotated Code of Maryland
Notice of Proposed Action
[23-145-P]
The Secretary of Health proposes to amend Regulations .01—.08 under COMAR 10.38.08 Continuing Education Requirements. This action was
considered by the Board of Physical Therapy Examiners at a public meeting held
on July 20, 2021, notice of which was given by publication on the Board’s
website at Pages - Board of Physical Therapy Examiners (maryland.gov) pursuant
to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Update and define certain terms;
(2) Clarify and identify opportunities for licensees to obtain
continuing education (CE) hours;
(3) Update CE renewal and reinstatement requirements; and
(4) Make other revisions or technical corrections as needed.
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 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through August 28, 2023. A public hearing has not been scheduled.
.01 Scope.
This chapter governs:
A.—B. (text unchanged)
C. [Sponsors] Providers
of continuing education [courses].
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) “APTA” means the American Physical Therapy Association and
its:
(a) Academies;
(b) Sections; and
(c) State chapters.
[(1) “Continuing
education unit (CEU)” means the basic unit of measurement for a licensee’s
direct participation in continuing education consisting of 10 contact hours.]
(2) [Contact] CE
Hour.
(a) “[Contact] CE
hour” means a period of 60 minutes in which [actual learning takes place]
the licensee is engaged in a learning
activity.
(b) “[Contact] CE
hour” does not include[:
(i) A] any portion of [the program] continuing education devoted to
registration, breaks, social networking,
or meals[; or
(ii) Fractions of an hour].
(3) “Continuing education (CE)” means learning experiences that:
(a) Include a licensee’s direct participation; and
(b) Are designed to enhance the professional practice of
physical therapy and limited physical therapy.
(4) “Provider” means an individual or group who designs and
develops CE activities.
.03 Continuing Education Requirements.
A. Continuing education is a requirement for renewal or
reinstatement of licenses for physical therapists and physical therapist
assistants, [and] which may be obtained by:
(1) Postgraduate studies which include academic and professional
studies that enhance competencies or instill new knowledge or skills, or both;
(2) Attendance at or
presentation [at] of seminars,
conferences, courses, or workshops;
(3) Authoring, co-authoring, or editing of a book, book chapter, [refereed] peer-reviewed journal article,
or abstract; [or]
(4) Home or self-directed
study[, including internet courses.];
(5) Research;
(6) Workplace and community service contributions, and
leadership relevant to the development of personal and professional competence;
or
(7) Supervision of physical therapists or physical therapist
assistant students in a clinical rotation.
B. [Professional] Continuing
education eligible for [continuing
education credit] CE hours shall [be]:
(1) [Relevant] Be
relevant to the [clinical] professional
practice of physical therapy; [and]
(2) [Directed] Be
directed to a professional audience[.];
and
(3) Promote continuous professional development.
C. The Board shall have final approval of the relevancy of the [program to the practice of physical
therapy] continuing education.
D. Continuing education [courses] shall have [course materials that include]
clear and concise written statements of:
(1) [Intended learning] Learning
outcomes; or
(2) [Behavioral] Instructional
objectives[;and
(3) Performance objectives].
E. Continuing education [courses
sponsored by the American Physical Therapy Association are] offered by the following
organizations is automatically approved by the Board[.]:
(1) APTA; and
(2) The Federation of State Boards of Physical Therapy (FSBPT).
F. Continuing education approved by APTA is automatically
accepted by the Board.
.04 Continuing Education [Course] Approval.
A. To obtain approval of [a] continuing education [course], a [course sponsor] provider
shall submit the following [materials] information
to the Board 6 weeks before the [course] activity
commencement date:
(1) An application on a Board-approved application form,
accompanied by any required fee set forth
in COMAR 10.38.07.02;
(2) A complete hour-by-hour agenda of the [course] CE;
(3) A clear and concise written statement describing the [course’s intended learning] CE’s:
(a) Learning outcomes[, behavioral]; or
(b) Instructional
objectives[, or performance
objectives];
(4) [A curriculum] Curriculum vitae for each instructor describing the instructor’s
competence in the [course] CE
subject matter and skill in instructional methodologies; and
(5) If an instructor is not licensed by the Board or does not hold a Maryland compact
privilege and plans to perform physical therapy in conjunction with the [course] CE, an application for
a restricted license obtained from the Board.
B. Public Representations.
(1) If [a course] the
CE is approved by the Board, the Board shall notify the [sponsor] provider of the
approval, including the number of
approved CE hours.
(2) If a [sponsor] provider
receives notification under §B(1) of this regulation, the [sponsor] provider may represent that [a course] the CE has been
approved by the Board.
(3) Approved [course] CE
certificates and advertisements shall contain the following statement: “This [course] continuing education
has been approved by the Maryland State Board of Physical Therapy Examiners for
______ [CEUs] CE hours.”
(4) A record of [course] CE
attendees shall be retained by the [sponsor] provider
for at least 4 years.
(5) The [sponsor] provider
shall submit to the Board for approval any CE
changes [in an approved course], such as changes in [speaker, content, or length.]:
(a) Instructor;
(b) Agenda;
(c) Content;
(d) Learning outcomes;
(e) Instructional objectives; or
(f) Length.
C. Term of Approval.
(1) The Board shall approve [a
continuing education course] the CE for a period of 4 years.
(2) At the expiration of the 4-year approval period, the [course sponsor] provider:
(a) [may] May resubmit the [course] CE; and
(b) [shall] Shall meet the approval requirements of
§A of this regulation.
D. A
licensee may submit a request for review of continuing education from the Board
if the:
(1) Continuing education is not already approved or disapproved
by the Board; and
(2) Licensee submits a request to the Board at least 30 days
prior to the commencement of the CE activity containing, but not exclusive to,
information set forth in Regulation .08 of this chapter.
E. The Board may request payment of a continuing education
review as set forth in COMAR 10.38.07.02.
.05 Renewal Requirements.
A. A licensee shall [earn
CEUs]:
(1) Earn CE hours between April 1 and March 31
during the 2-year period before renewal;
and
(2) [maintain the] Maintain records of the [course] CE subject matter, certificates of completion, hours, date, and [continuing education units]
CE hours to present to the Board on
request.
B. [CEUs] CE
hours completed after March 31 of the year of the renewal may not be
accepted.
C. (text unchanged)
D. A physical therapist shall earn [3 CEUs equal to] 30 [contact] CE hours for the
renewal period.
E. A physical [therapy] therapist
assistant shall earn [2 CEUs equal
to] 20 [contact] CE hours for the renewal period.
F. [CEUs] CE
hours may not be carried over from
one renewal period to the next.
G. Failure to substantiate [CEUs] CE
hours if requested by the Board shall result in denial of license renewal
or [of] reinstatement of a license.
H. If the licensee has met all the requirements for renewal, the
Board may renew a license for the first renewal period following the issuance
of the original license without requiring the physical therapist or physical
therapist assistant to complete any [CEUs] CE
hours if, at the time of renewal, the original license was issued 1 year or
less before the renewal period.
.06 Auditing Compliance with Continuing Education Requirements.
A.—B. (text unchanged)
C. At the time of audit, the audited licensees shall submit[:
(1) Continuing education certificates earned between April 1 and
March 31 during the 2-year period before renewal; and
(2) A completed continuing education form] documentation relating to compliance with CE requirements as
set forth in this chapter.
D. The Board may request from the licensee [a brochure, agenda, or other material
for courses that have not been previously approved by the Board] evidence of achieving the CE hours.
.07 Reinstatement Requirements.
A. A physical therapist shall earn [3 CEUs] 30 CE hours in the 2-year period
immediately preceding reinstatement.
B. A physical [therapy] therapist
assistant shall earn [2 CEUs] 20
CE hours in the 2-year period immediately preceding reinstatement.
.08 Continuing Education [Unit Requirements for Physical Therapy
Clinical Practice] Professional
Development Criteria.
[A. Continuing Education
is a requirement for renewal or reinstatement of licenses for a physical
therapy clinical practice.
B. Activities] CE activities meeting the criteria for
continuing education requirements for the
practice of physical therapy may [be
classified as follows] include:
[(1)] A. Postgraduate
academic course work in physical therapy taken at an accredited college or
university, which may earn [1 CEU
per credit hour] 10 CE hours per course credit;
[(2)] B. Attendance at
Board-approved or [American Physical
Therapy Association sponsored] APTA-approved
continuing education [courses or
workshops], which may earn 1 [CEU] CE hour for every [10 contact hours] approved hour;
[(3)] C. Presentation of [a]
continuing education [course or
workshop], which may earn 2 [contact] CE hours for every hour
of presentation with presentations of the same subject matter receiving [CEU credit] CE hours only once in a
[2-year period] renewal period;
[(4)] D. Authoring,
co-authoring, or editing of a book, book chapter, or [refereed] peer- reviewed journal article,
which may earn [3 CEUs] 30 CE
hours with proof accompanying the request for approval;
[(5)] E. Authoring an
abstract, which may earn [1 CEU] 10
CE hours;
[(6)] F. Completion of an
approved [self-study] self-directed
study course, which may earn 1 [contact] CE hour per interactive hour;
[(7)] G. Completion of an
approved [internet] home
study course, which may earn 1 [contact] CE hour per interactive hour;
[(8)] H. Completion of
continuing education relevant to [the
administration of physical therapy practice may earn up to 1.5 CEUs] workplace
and community service contributions, and leadership relevant to the development
of personal and professional competence, which may earn 1 CE hour only once in
a renewal period; [or]
[(9) Postgraduate
academic course work in administration of the practice of physical therapy may
earn a maximum of 1.5 CEUs in each 2-year period.]
[C. CEUs may not be
carried over from one renewal period to the next.
D. Failure to substantiate CEUs if requested by the Board shall
result in denial of license renewal or of reinstatement of a license.
E. If the licensee has met all the requirements for renewal, the
Board may renew a license for the first renewal period following the issuance
of the original license without requiring the physical therapist or the
physical therapist assistant to complete any CEUs, if, at the time of renewal,
the original license was issued 1-year or less before the renewal date.
F. To aid licensees in the selection of appropriate continuing education
courses, the Board may review, without charge, a course brochure, outline, or
agenda before the licensee attends the course, if the request is submitted at
least 1 month before the course date.]
I. Supervision of physical therapists or physical therapist
assistant students in a clinical rotation, which may earn 10 CE hours
only once in a renewal period (1 CE hour equals 40 hours of supervision); or
J. Research, which may earn 10 CE hours.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 42 BOARD OF SOCIAL WORK
EXAMINERS
10.42.06 Continuing Education
Requirements
Authority: Health Occupations Article, §§19-205 and 19-308,
Annotated Code of Maryland
Notice of Proposed Action
[23-147-P]
The Secretary of Health proposes to amend Regulations .02, .03, and .05—.11 under COMAR 10.42.06 Continuing Education
Requirements. This action was considered by the Board of Social Work
Examiners at public meetings held on April 9, 2021 and October 8, 2021, notice
of which was given by publication on the Board’s website at
https://health.maryland.gov/bswe/Pages/default.aspx pursuant to General
Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Redefine Category I activities to include live, real-time
interactive learning experiences;
(2) Add a cultural competency CE requirement to Regulation .03 on
anti-oppressive social work practice content focusing on race, culture, and
equity;
(3) Remove the section on Board-authorized provisional sponsors;
(4) Reduce the amount of time required to retain records
documenting completion of CEUs from 3 years to 2 years;
(5) Add clarifying language; and
(6) Correct cross-references.
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 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through August 28, 2023. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Authorized sponsor” means an individual, agency, or organization that is authorized to provide continuing
education programs and to offer under its auspices programs as set forth in
Regulation .05 of this chapter.
(3) (text unchanged)
(4) “Category I” means activities that are formally organized
face-to-face, or live, real time
interactive learning experiences provided by [Board-approved] authorized sponsors as set forth in Regulation .04 of this chapter.
(5) “Category II” means [activities
that are independent, less structured]
learning experiences as set forth in Regulation
.04 of this chapter.
(6) “Committee” means the [Advisory
Committee for] Continuing Education Committee appointed by the Board.
(7) “Continuing education” means completing approved programs
designed to provide:
(a) Enhancement of professional
social work practice, values, skills, and knowledge; and
(b) Enrichment of professional
social work services and competence.
(8) (text unchanged)
(9) “Exception” means [an
exception granted by the Board for any of]
a deviation or departure from the
continuing education requirements for circumstances set forth in Regulation [.06] .11 of this chapter that is granted at the discretion of the
Board.
(10) “Extension” means a period of time, not to exceed 6 months for
renewal [or 1 year for reactivation
or reinstatement], that the Board
authorizes to permit additional time for [the] a
social worker with an active license
to obtain the required continuing education units needed for renewal[, reactivation, or reinstatement] of a license as set forth in
Regulation [.08] .10 of this chapter.
(11)—(12) (text unchanged)
.03 Continuing Education Requirements.
A. The Board shall renew a license for an additional 2-year period
if the social worker:
(1) Completes 40 (30 for Licensed Bachelor Social Workers)
continuing education units within the renewal period, of which a minimum of:
(a) (text unchanged)
(b) 3 of the required Category I or Category II continuing
education units shall have a content area focusing on ethics and professional
conduct, including boundary issues, or pertaining to the standards of practice
and laws governing the profession of social work in Maryland; [and]
(c) For registered and Board-approved supervisors, 3 of the
required Category I or Category II continuing education units shall have a
content area focusing on supervision as stipulated in COMAR [10.42.08.04A(2)(c)] 10.42.08.04B(3); and
(d) 3 of the
required Category I continuing education units shall have anti-oppressive
social work practice content focusing on race, culture, or equity, and include
one or more of the following topics:
(i) Cultural humility;
(ii) Social justice;
(iii) Racial equity;
(iv) Implicit bias; or
(v) Anti-racism practices;
(2)—(3) (text unchanged)
B. (text unchanged)
.05 Authorization of Sponsors and Approval of Continuing Education
Programs.
A. [Board-Authorized] Authorized
Sponsors.
(1) [Board-authorized] Authorized
sponsors shall offer continuing education programs that meet the objectives set
forth in Regulations .01B and .04 of this chapter.
(2) The following are [Board-authorized] authorized
sponsors:
(a)—(c) (text unchanged)
(3) An authorized sponsor shall:
(a) Include the following in the program announcement, flyer, or
brochure:
(i) The date, title, location, objectives, and content of the
program;
(ii) The number of continuing education units that will be
awarded by the sponsor on a certificate awarded to the social worker on
completion of the program;
(iii) A statement that the named sponsor is authorized by the
Board; and
(iv) A statement that the named sponsor maintains responsibility
for the program;
(b) Ensure that a program certificate or letter of completion is
provided on official letterhead and includes the following:
(i) The name of the social worker;
(ii) The date, title, and location of the program;
(iii) The number of continuing education units that are being
awarded to the social worker on completion of the program only for actual time
in attendance;
(iv) An authorizing name, signature, and contact information for
the person responsible for awarding the certificate or letter of completion;
(v) A statement that the named sponsor is authorized by the
Board; and
(vi) A statement that the named sponsor maintains responsibility
for the program; and
(c) Maintain documentation of continuing education activity for
4 years, which may include pretests and post-tests, but shall include:
(i) Registration and attendance records;
(ii) Stated purpose;
(iii) Content of presentation;
(iv) Time and length of activity; and
(v) Participant evaluations.
(4) The Board may audit authorized sponsors’ continuing
education programs and activities at any time.
[B. Board-Authorized
Provisional Sponsors.
(1) Individuals and organizations not included in §A(2) of this
regulation may become authorized sponsors of continuing education programs by:
(a) Submitting the required application on a form provided by the
Board at least 45 days before conducting the sponsor’s first program;
(b) Paying a fee as provided in COMAR 10.42.05.02; and
(c) Being approved by the Board.
(2) Board-authorized provisional sponsors will receive
authorization upon approval and shall provide to the Board all program required
documentation.]
[C.] B. (text unchanged)
[D.] C. The Board shall
maintain a roster of [authorized] Board-authorized
sponsors.
[E. Authorized Sponsor.
(1) An authorized sponsor shall:
(a) Include the following in the program announcement, flyer, or
brochure:
(i) The date, title, location, objectives, and content of the
program;
(ii) The number of continuing education units that will be awarded
by the sponsor on a certificate awarded to the social worker on completion of
the program;
(iii) A statement that the named sponsor is authorized by the
Board; and
(iv) A statement that the named sponsor maintains responsibility
for the program;
(b) Include the following on a program certificate or letter of
completion:
(i) The name of the social worker;
(ii) The date, title, and location of the program;
(iii) The number of continuing education units that are being
awarded to the social worker on completion of the program only for actual time
in attendance;
(iv) An authorizing name, signature, and contact information for
the person responsible for awarding the certificate or letter of completion;
(v) A statement that the named sponsor is authorized by the Board;
and
(vi) A statement that the named sponsor maintains responsibility
for the program; and
(c) Maintain documentation of continuing education activity for 4
years, which may include pretests and post-tests, but shall include:
(i) Registration and attendance records;
(ii) Stated purpose;
(iii) Content of presentation;
(iv) Time and length of activity; and
(v) Participant evaluations.
(2) The Board may audit authorized sponsors’ continuing education
programs and activities at any time.]
[F.] D. Suspension or
Revocation of an Authorized Sponsor. Authorization as a sponsor may be
suspended or revoked if the sponsor does not comply with the requirements of [§E]
§A of this regulation or the criteria
set forth in Regulation .04 of this chapter.
.06 Reporting, Documenting, and Auditing Compliance with Continuing
Education Requirements.
A.—C. (text unchanged)
D. Documentation. [A
social worker shall provide to the Board:]
(1) A social worker shall provide to the Board:
(a) An official transcript for continuing education units earned in
a course taken for academic credit;
(b)—(f) (text unchanged)
(g) Topics, dates, times, [and] names of participants, location, and continuing education units
earned on official letterhead in structured peer-case conferences and
journal club activities.
(2) (text unchanged)
E. Record Retention for Active, Expired, or Inactive License.
(1) (text unchanged)
(2) Expired Licenses. [A
social worker with] An individual
who has an expired, non-renewed license shall:
(a) Retain records documenting completion of continuing education
requirements for [each 2-year period
that the license was expired, up to a maximum of 40 (30 for Licensed Bachelor
Social Workers) continuing education units]
the 2 years immediately preceding the
submission of an application for reinstatement; and
(b) File with the Board documentation of completion of continuing
education units at the time of reinstatement [or submit a written request for an extension of time in order to
obtain the required credit hours].
(3) Inactive Licenses. [A
social worker with] An individual who has an inactive
license shall:
(a) Retain records documenting completion of continuing education
requirements for the [3] 2
years immediately preceding the
submission of an application for reactivation; and
(b) File with the Board documentation of completion of continuing
education units at the time of reactivation [or submit a written request for an extension of time in order to
obtain the required credit units].
F. Responsibility for Conducting the Audits.
(1) The Board staff or the
Board’s designee shall:
(a) Review and evaluate the documentation submitted for the purpose
of the audits; [and]
(b) Notify a social worker by electronic mail or first-class
mail if continuing education requirements have not been met; and
[(b)] (c) (text unchanged)
(2)—(3) (text unchanged)
[(4) The Board may take
disciplinary action under COMAR 10.42.04 against any social worker who
fraudulently attests to or does not submit continuing education documentation.
(5) A licensee who fails to complete the continuing education
requirements within the time frame specified under Regulation .03 of this
chapter may be subject to informal or formal discipline for failure to meet the
requirements.]
.07 Consequences of Failure to Comply with Continuing Education
Requirements.
A. The Board shall
take disciplinary action under COMAR 10.42.04 against any social worker who
fraudulently attests to or does not submit continuing education documentation.
B. A social worker
who fails to complete the continuing education requirements within the time
frame specified under Regulation .03 of this chapter may be subject to informal
or formal discipline.
C. A social worker who fails to meet the continuing education
requirements may not be issued a license renewal.
D. The Board shall notify
a social worker by electronic mail and
first-class mail that the license has
not been renewed if the following has occurred:
[A.] (1) The Board has not
received the required certification of completion of continuing education
requirements by October 31 of the renewal year [and an extension has not been requested];
[B.] (2) Continuing
education requirements have not been met[,
and an extension request has been denied by the Board]; or
[C. An extension was not
submitted to the Board; or]
[D.] (3) (text unchanged)
E. The Board shall close an application that is not approved after
1 year from date of receipt.
.08 Reinstatement of Licenses.
[A social worker] An
individual whose license has not been renewed is entitled to reinstatement
within 5 years [of the date the
license expired, by] if the following is completed on or before October
31 of the 5th year after the date the license expired:
A. All required
documentation is submitted and approved by the Board;
[A.] B. [Paying the] The reinstatement fee established by the
Board is paid, as provided in COMAR
10.42.05.02; and
[B.] C. [Demonstrating to the Board that the social worker] The
individual has met all continuing education requirements by obtaining 40
(30 for Licensed Bachelor Social Workers) continuing education units in the 2
years preceding the [social worker’s] individual’s
application for reinstatement.
.09 Reactivation of Licenses.
[A social worker] An
individual whose license [has
not been renewed] was placed on inactive status is
entitled to reactivation within 5 years [of
the date the license expired, by] if the following is completed on or before
October 31 of the 5th year after the date the license was placed on inactive
status:
A. All required
documentation is submitted and approved by the Board;
[A.] B. [Paying the] The reactivation fee established by the
Board is paid, as provided in COMAR
10.42.05.02; and
[B.] C. [Demonstrating to the Board that the social worker] The
individual has met all continuing education requirements by obtaining 40
(30 for Licensed Bachelor Social Workers) continuing education units in the 2
years preceding the [social worker’s] individual’s
application for reactivation.
.10 Extension of Time.
A. [A social worker
shall] An actively licensed social worker may file a request [for an extension of] to
extend time and conditionally renew a
license[, including the
supporting documentation, with the Board].
The request shall [be]:
(1) Be in writing;
(2) Include supporting documentation; and
(3) Be filed before October 1 of the renewal year.
B. (text unchanged)
C. The Board may grant an extension of time and conditionally renew [a] an active social work license for up to 6 months [or reactivate or reinstate a license
with an extension not to exceed 1 year]
if the Board determines that:
(1) (text unchanged)
(2) The social worker attempted to meet the continuing education requirements.
D. Failure of a social worker
with an active license to obtain the required continuing education units on
or before the 6-month extension expires shall result in:
(1) The expiration of the license;
[(1)] (2) (text unchanged)
[(2)] (3) The Board placing
the license on [inactive] non-renewed
status.
E. Continuing education hours earned after October 31 of the second
year to fulfill the conditions of an extension may only be credited [only] to the preceding 2-year period.
F. The Board shall audit a social worker who has been granted an
extension of time under this regulation
for the completion of continuing education requirements.
.11 Exceptions from [Any of the] Certain Requirements.
A. Before attending a
program, a social worker with an active
license requesting an exception from [any
of the] certain requirements of this chapter shall provide:
[A.] (1)—[C.]
(3) (text unchanged)
[D.] B. The Board shall
audit [a] an actively licensed
social worker who has been granted an exception from the continuing education
requirements.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 64 BOARD OF NURSING —
LICENSED DIRECT-ENTRY MIDWIVES
10.64.01 Practice of Licensed
Direct-Entry Midwives
Authority: Health Occupations Article, §8-205, Annotated Code of
Maryland
Notice of Proposed Action
[23-142-P]
The Secretary of Health proposes to amend Regulation .15 under COMAR 10.64.01 Practice of Licensed Direct-Entry Midwives.
Statement of Purpose
The purpose of this action is to conform the education
requirements for direct-entry midwives to the 2018 legislation that added completion
of a North American Registry of Midwives (NARM) Midwifery Bridge Certificate
Program as an acceptable means of meeting education requirements for licensure.
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 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through August 28, 2023. A public hearing has not been scheduled.
.15 Qualifications of Applicants for Initial Licensure.
A. (text unchanged)
B. Midwifery Education Program. The applicant shall:
(1) Have completed a midwifery education program that is accredited
by MEAC or ACME; [or]
(2) Have completed the NARM
Midwifery Bridge Certificate Program; or
[(2)] (3) (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 12 MOTOR VEHICLE
ADMINISTRATION—LICENSING OF BUSINESSES AND OCCUPATIONS
11.12.01 Dealers and Salesmen
Authority: Commercial Law Article, §14-1502; Transportation Article,
§§12-104(b), 13-503, 13-610, 13-621, 15-102, 15-103, 15-105, 15-107,
15-108, 15-305.1, 15-307—15-309, 15-311.1, 15-312, 15-313, 15-406,
15-408, 15-409, and 15-411; Annotated Code of Maryland
Notice of Proposed Action
[23-106-P]
The Motor Vehicle Administration proposes to amend Regulation .14 under COMAR 11.12.01 Dealers and Salesmen.
Statement of Purpose
The purpose of this action is to update regulations to modernize
business practices with regard to advertising for used vehicle dealers by
allowing them to advertise vehicles that are in the possession of the
manufacturer.
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 C. Sheffield, Regulations
Coordinator, MVA, 6601 Ritchie Highway, N.E., Room 200, Glen Burnie, MD 21062,
or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will
be accepted through August 28, 2023. A public hearing has not been scheduled.
.14 Dealers’ Advertising and Trade Practices.
A.—C. (text unchanged)
D. Bait Advertising and Selling Practices.
(1) A vehicle advertised at a
specific price shall be in the possession of the advertiser [in the case
of a used vehicle,] or be available [in the case of a new vehicle]
for shipment to the dealer from the manufacturer or distributor. The
vehicle shall be shown, demonstrated, and sold, or if a new vehicle, orders shall
be taken for future delivery of the identical model, at the advertised price
and terms. If the advertised vehicle is a used vehicle, and it has been sold,
the advertiser shall substantiate, upon request, sales records of the [previously]
advertised vehicle.
(2)
A dealer may not require a purchaser to pay a deposit or other charge on a used
vehicle when the vehicle and vehicle title are not in the possession of the
dealer.
(3) Notwithstanding any deposit or other charge, a purchaser may reject
or decline to purchase the used vehicle upon physical inspection of the vehicle
without penalty or charge.
(4) No used vehicle purchase agreement shall be considered final until
the vehicle and vehicle title are in the possession of the dealer.
[(2)] (5)—[(6)] (9) (text
unchanged)
E.—L. (text unchanged)
CHRISTINE NIZER
Administrator
Motor Vehicle Administration
Title 14
INDEPENDENT AGENCIES
Subtitle 01 PRESCRIPTION DRUG
AFFORDABILITY BOARD
14.01.02 Prescription Drug
Affordability Fund
Authority: Health-General Article, §§21-2C-03(f) and 21-2C-11, Annotated Code of Maryland
Notice of Proposed Action
[23-139-P]
The Maryland Prescription Drug Affordability Board proposes to amend
Regulations .02 and .03 under COMAR 14.01.02 Prescription Drug Affordability Fund. This action
was considered and approved by the Maryland Prescription Drug Affordability Board
at a public meeting held on May 22, 2023, notice of which was provided by
publication on the PDAB website at
https://pdab.maryland.gov/2023_board_meeting.html, as required under General
Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to: (1) specify the available
methods for paying the fee assessment; (2) identify documentation to
substantiate a request for exemption from assessment; (3) rescind the waiver
procedures; (4) codify a reconsideration procedure following the denial of a
request for exemption; (5) codify a procedure for reviewing and updating the
list of assessed entities; and (6) clarify that carriers that provide health
benefit plans are subject to assessment.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action is
projected to effect a decrease in annual revenue to the Prescription Drug
Affordability Fund, a positive economic impact on insurance carriers that do
not provide health benefit plans, and a minimal negative impact on entities
that were granted waivers for the FY 23 assessment. Unless otherwise exempt,
entities (pharmaceutical manufacturers, wholesale distributors, pharmacy
benefit managers, and carriers) that were granted waivers from assessment in FY
23 will be subject to assessment.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Prescription Drug
Affordability Board
|
(R-)
|
$143,000
|
|
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) Entities granted waivers
|
(-)
|
$57,000
|
|
(2) Insurance carriers
|
(+)
|
$200,000
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. An estimated 200 of the 399 assessed insurance carriers may be
eligible for exemption from the $1000 annual assessment, resulting in a
decrease in revenue up to $200,000. To date, 57 entities (pharmaceutical
manufacturers, wholesale distributors, pharmacy benefit managers and carriers)
have been granted waivers from the FY 23 assessment. Rescinding the waiver
process is anticipated to increase revenue by $57,000.
E(1). To date, 57 entities (pharmaceutical manufacturers,
wholesale distributors, pharmacy benefit managers and carriers) have been
granted waivers from the FY 23 assessment. Unless otherwise exempt, these
entities will be subject to assessment.
E(2). An estimated 200 of the 399 assessed insurance carriers may
be eligible for exemption from the $1,000 annual assessment.
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 Christina Shaklee, Health Policy Analyst
Advanced, Maryland Prescription Drug Affordability Board, 16900 Science Drive,
Suite 112—114, Bowie, MD 20715, or call 410-703-7015, or email to
pdab.regs@maryland.gov. Comments will be accepted through August 28, 2023. A
public hearing has not been scheduled.
.02 Fee Assessment, Exemption, [Waiver,] and Collection.
A. Annual Assessment.
(1) In each State fiscal
year, the Board shall issue a fee assessment to each entity identified in
Health-General Article, §21-2C-11, Annotated Code of Maryland, and Regulation
.03 of this chapter and collect the assessment.
(2) Unless the entity
requests and is granted an exemption from the assessment, the entity shall pay
the assessment by October 1.
(3) An entity may pay the
assessment by ACH transfer, wire transfer, or check.
B. Exemption from Assessment.
(1)—(2) (text unchanged)
(3) The entity bears the burden of demonstrating it qualifies for
the claimed exemption and shall submit documentation in support of the
exemption request [as required by
the Board.], as follows:
(a) The entity shall provide an executed certificate of business
record (available on the Board’s website) authenticating any business record
the entity submits in support of the request for exemption.
(b) For carriers, supporting documentation may include but is
not limited to NAIC “Annual Statement” including the cover page (signature
page/jurat), Maryland State page, and Schedule T, acknowledgment from Maryland
Insurance Administration of merger/change in subsidiary status, and SEC 10-K
(any applicable exhibits).
(c) For manufacturers, distributors, and PBMs, supporting
documentation may include but is not limited to discharge in bankruptcy,
documentation of merger/change in corporate structure/subsidiary status (for
example, SEC 10-K and any applicable exhibits), acknowledgment from Board of
Pharmacy of expiration of license/registration, expired license/registration,
documentation that manufacturer/distributor provides only non-covered products
(for example, provides gases only, product or inventory lists), and
documentation that the entity does not do business in Maryland.
(d) If the entity is unable to provide any documentation
supporting the claimed exemption, the entity shall provide an affidavit (form
on Board’s website) from the chief operating officer, chief financial officer,
or other authorized official attesting to the factual basis of the claimed
exemption.
(4) (text unchanged)
(5) The Board shall determine all requests for exemption promptly [and
may require additional documentation or information from the entity requesting
an exemption].
[C. Waiver of Assessment.
(1) An entity that is otherwise subject to assessment because it
meets the definition of a qualifying entity under COMAR 14.01.01 and
Health-General Article, §21-2C-11(b)(1), Annotated Code of Maryland, may
request a waiver of the annual assessment by submitting a completed waiver form
to the Board within 30 days of the Board transmitting the assessment.
(2) The waiver form shall be executed under oath and:
(a) Attest that the Prescription Drug Affordability Fund assessment
exceeds 1 percent of the entity’s Maryland revenue in a specified year; and
(b) Be accompanied by supporting documentation for the specified
year.
(3) The entity’s Maryland revenue is based on:
(a) The entity’s most recent completed tax year; and
(b) The entity’s total Maryland revenue.
(4) Recommended supporting documentation includes verifiable
evidence of the entity’s Maryland revenue for the entity’s most recent
completed tax year, including, but not limited to, the entity’s Maryland income
tax return and supporting schedules.
(5) The entity bears the burden of demonstrating it qualifies for
the claimed waiver and shall submit additional documentation in support of the
exemption request as required by the Board.
(6) While the waiver request is pending, payment of the assessment
is deferred.
(7) The Board shall determine all requests for waiver promptly and
may require additional documentation or information from the entity requesting
a waiver.]
C. Reconsideration.
(1) Within 15 days of the notice denying the exemption, an
entity may file for reconsideration of the denial of a request for exemption by
submitting:
(a) A request for reconsideration on the form provided; and
(b) Additional information or documentation in support of the
claimed exemption.
(2) A request for reconsideration that does not include
additional information or additional documentation will be denied.
(3) If the request for exemption is denied after
reconsideration, the entity shall pay the assessment within 30 days of the
issuance of the notice of denial.
D. (text unchanged)
E. Maintenance of Assessment List.
(1) The Board shall maintain a list of entities that are subject
to assessment as identified in Health-General Article, §21-2C-11, Annotated
Code of Maryland.
(2) Board staff shall:
(a) Review the list on an annual basis;
(b) Add additional entities when reported by or obtained from
other agencies; and
(c) Remove entities when the entity:
(i) Is no longer a going concern; or
(ii) Has not been required to pay the assessment for 3
consecutive years.
.03 Amount of Assessment.
A. Entities identified in Health-General Article, §21-2C-11,
Annotated Code of Maryland, shall be subject to the following fee schedule:
(1)—(3) (text unchanged)
(4) Carriers that provide
health benefit plans, as defined in Health-General Article, §19-132(e), Annotated Code of Maryland, shall
pay an assessment of $1,000.
B. (text unchanged)
ANDREW W. YORK
Executive Director
Subtitle 40 MARYLAND CENTER FOR SCHOOL
SAFETY
14.40.04 Certification and
Training for School Security Employees and School Resource Officers
Authority: Education Article, §§7-151(k), 7-1503(g), and 7-1508,
Annotated Code of Maryland
Notice of Proposed Action
[23-151-P]
The Maryland Center for School Safety proposes to amend
Regulations .01—.03 under COMAR 14.40.04 Certification and Training
for School Security Employees and School Resource Officers.
Statement of Purpose
The purpose of this action is to publish amendments to existing
regulations in accordance with Education Article, §7-1501(k), Annotated Code of
Maryland.
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 Kate Bryan, Executive Director, Maryland
Center for School Safety (MCSS), 7125 Ambassador Road, Windsor Mill, MD 21244,
or call 410-281-2335, or email to admin.mcss@maryland.gov. Comments will be
accepted through August 28, 2023. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “School safety
coordinator” means an individual or individuals in a school system, regardless
of job title, who serve as:
(a) The head of safety or
security for the school system; or
(b) The liaison between the
Center, local law enforcement, and the local school system as required under
Education Article, §7-1508(a), Annotated Code of Maryland.
[(3)] (4) School Security
Employee.
(a) (text unchanged)
(b) School security employee includes [the following]
individuals [who are employed by a
local school system, either as salaried or contractual employees, to provide
safety and security-related services at a public school]:
[(i) School safety
coordinator;
(ii) School security director; and
(iii) Any individual designated by the administration within the
individual’s job description who is required to provide safety and
security-related services as a part of the individual’s regular job duties.]
(i) Employed by a local
school system, either as salaried or contractual employees, to provide safety or
security-related services at a public school; or
(ii) Assigned to a public
school, whose job description includes safety or security related services as
part of the individual’s primary duties.
(c) School security employee does not include:
(i) A school resource
officer; [or]
(ii) Local law enforcement providing supplemental coverage to local
school systems[.];
(iii) An employee of the school system not assigned to work in an
individual public school as part of their duties; or
(iv) A school administrator.
.02 School Safety Coordinator Certification.
A. The Center shall certify a school safety coordinator upon
completion of the following training:
(1) The [MCSS model] Center’s
curriculum for [school resource
officers and school security employees as set forth in Education Article,
§7-1508, Annotated Code of Maryland; and]
school safety coordinators and any annual
updates;
(2) The National Incident Management System, Incident Command
System, independent study courses 100, 200, 700, and 800[.]; and
(3) Federal Emergency
Management Agency (FEMA) independent study course, Multi-Hazard Emergency
Planning for Schools.
B. Supplemental Instruction
(1)—(3) (text unchanged)
[C.] (4) A school safety
coordinator shall submit certificates of completion to the Center within 30
days of completion of the coursework.
.03 School Resource Officers and School Security Employees [Certification]
Training.
A. A school resource officer [working
in a Maryland public school] or school security employee shall
complete the Center’s [40-hour] model curriculum [or an approved local training by September 1, 2019],
as required under Education Article, §7-1508, Annotated Code of Maryland.
[B. A school security
employee working in a Maryland public school shall complete the Center’s
40-hour model curriculum or an approved local training by September 1, 2019.
C. A school resource officer or school security employee working in
a Maryland public school who provides documentation to the Center demonstrating
that the individual received the 40-hour training course offered by the
National Association of School Resource Officers on or after September 1, 2017,
shall complete the Center’s 16-hour comparative compliance curriculum prior to
September 1, 2019.
D. A school resource officer or school security employee who is
hired to work in a Maryland public school on or after September 1, 2019, or on
or after September 1 annually thereafter, shall have until the beginning of the
next academic year to complete the required training set forth in this
subsection.
E. A school resource officer or school security employee who is
hired to work in a Maryland public school on or after September 1, 2019, or on
or after September 1 annually thereafter, who provides documentation to the
Center demonstrating that the individual received the 40-hour training course
offered by the National Association of School Resource Officers on or after
September 1, 2017, shall complete the Center’s 16-hour comparative compliance
curriculum prior to the beginning of the next academic year to complete the
required training set forth in this subsection.]
B. A school resource officer
or school security employee assigned or hired after the start of the school
year will register and complete the model curriculum prior to the next school
year and may begin work in a school:
(1) Following notification to
the Center; and
(2) Following completion of
the preliminary curriculum prescribed by the Center.
C. School resource officers
and school security employees shall complete additional hours of training
annually in content areas approved by the Center, including:
(1) Updated legislative and
regulatory changes affecting the work of school resource officers and school
security employees;
(2) Expanded training in
existing content areas;
(3) Any training identified
or approved by the Center; or
(4) Any other mandates under
State, federal, or local law.
D. Each year, the local
school superintendent shall certify to the Center’s Executive Director that
school security employees assigned to the jurisdiction’s schools have completed
the training required under this chapter.
KATE BRYAN
Executive Director
Subtitle 40 MARYLAND
CENTER FOR SCHOOL SAFETY
14.40.05 Critical,
Life-Threatening Incidents
Authority: Education Article, §§7-1503(g) and 7-1510(g), Annotated
Code of Maryland
Notice of Proposed Action
[23-152-P]
The Maryland Center for School Safety proposes to amend Regulations
.03 and .04 under COMAR 14.40.05
Critical, Life-Threatening Incidents.
Statement of Purpose
The purpose of this action is to publish amendments to existing
regulations in accordance with Education Article, §7-1510(g), Annotated Code of
Maryland.
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 Kate Bryan, Executive Director, Maryland
Center for School Safety (MCSS), 7125 Ambassador Road, Windsor Mill, MD 21244,
or call 410-281-2335, or email to admin.mcss@maryland.gov. Comments will be
accepted through August 28, 2023. A public hearing has not been scheduled.
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) Critical, life-threatening incident means an event [in which conduct occurred causing
death or which resulted in serious bodily injury to one or more individuals, or
which may be charged as a threat of mass violence under Criminal Law Article,
§3-1001, Annotated Code of Maryland.]
which:
(a) Results in an individual
being charged with a threat of mass violence directed at a school under
Criminal Law Article, §3-1001, Annotated Code of Maryland;
(b) Meets the criteria for a
threat of mass violence but does not result in criminal charges due to the age
limitation under Courts and Judicial Proceedings Article, §3-8A-03(f),
Annotated Code of Maryland; or
(c) Occurs on school grounds
and:
(i) Results in death or
serious bodily injury; or
(ii) Requires activation of a
school’s emergency plans and substantially disrupts the normal or orderly
operation of a school.
(2) School grounds means:
(a) The [physical plant] premises
where the school is located and operated, including all buildings, physical
structures, and real property owned or leased by the local school system for
the operation of a school; [and]
(b) School transportation vehicles either owned by or contracted
for by the local school system for the purposes of [pupil] student transportation[.]; and
(c) Locations used for school
sponsored activities or approved by the school or school system for attendance
of students as part of a field trip
(3) “Serious bodily injury”
means an injury inflicted on another individual that results in:
(a) A substantial risk of
death;
(b) Extreme physical pain;
(c) Protracted and obvious
disfigurement; or
(d) Protracted loss or
impairment of the function of a bodily member, organ, or mental faculty in
accordance with 18 U.S.C. §1365(h)(3).
.04 Notification.
A. A local school system experiencing a critical, life-threatening
incident shall notify [MCSS] the
Center of the incident as soon as practicable, but no later than 24 hours
after the local school system [learns
of the incident] knew or should have known that this was a
critical, life-threatening incident or received notice that the individual was
charged under Criminal Law Article, §3-1001, Annotated Code of Maryland.
B. The local school system or
the Center will determine when an incident substantially disrupts the orderly
operation of a school.
[B.] C. (text unchanged)
D. The after-action meeting
participants shall include:
(1) Center staff;
(2) School safety coordinator;
(3) Representatives from the school or school system involved in the
response to or recovery from the incident; and
(4) Representatives from
responding agencies.
[C.] E. The
local school system shall file the report required by Education Article,
§7-1510(g)(2)(iii), Annotated Code of Maryland, [within 60 days of the
completion of the after-action meeting set forth in §B of this regulation]
as soon as practicable following
completion of the after-action meeting set forth in §C of this regulation, but
no later than 100 days after the occurrence of the incident.
F. The after-action report
shall be submitted on a form developed by the Center and address:
(1) The scope of the
incident;
(2) The response to the
incident;
(3) Lessons learned by the
local school system from the incident response and recovery; and
(4) Any other information
identified by the Center as necessary in order to adequately assess the
incident.
G. The Center shall file the
report required under Education Article, §7-1510(g)(3), Annotated Code of
Maryland:
(1) Within 45 days of
receiving the report from the local school system; or
(2) Within 45 days of the
expiration of the filing deadline set forth at §E of this regulation.
H. The Center shall develop
guidelines for local school systems to complete reports required by this
regulation.
KATE BRYAN
Executive Director
Title 33
STATE BOARD OF ELECTIONS
Notice of Proposed Action
[23-153-P]
The State Board of Elections proposes to:
(1) Amend Regulation .01
under COMAR 33.01.01 Definitions;
(2) Adopt new Regulations .01
and .02 under a new chapter, COMAR 33.07.11 Election Judges;
(3) Repeal existing Regulation .01
and adopt new Regulation .01 under COMAR 33.15.02 New or Changed Precincts;
and
(4) Repeal existing Regulations .01 and .02 and adopt
new Regulations .01 and .02 under COMAR 33.15.03 Polling Places.
This action was considered by the State Board of Elections at its
June 20, 2023, meeting, notice of which was given in accordance with General
Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Provide an interpretation of the definition of “historically
disenfranchised communities;”
(2) Define a returning election judge;
(3) Define the compensation of election day election judges;
(4) Clarify the scope of Subtitle 15, Chapter 2 to ensure it is
consistent with Ch. 157, Acts of 2023; and
(5) Define the process, form, and content for local boards to
develop a polling place plan and process to change polling place locations.
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 Nikki Charlson, Deputy Administrator,
State Board of Elections, 151 West Street, Suite 200, Annapolis, MD 21401, or
call 410-269-2843, or email to DL_regcomments_SBE@maryland.gov. Comments will
be accepted through August 28, 2023. A public hearing has not been scheduled.
Subtitle 01
DEFINITIONS; GENERAL PROVISIONS
33.01.01 Definitions
Authority: Election Law Article, §§1-101, 2-102(b)(4), 2-303(g), and
2-303.1(b)(3), Annotated Code of
Maryland
.01 Definitions.
A. (text
unchanged)
B. Terms Defined.
(1)—(17) (text
unchanged)
(18) “Historically
disenfranchised communities” has the meaning stated in Election Law Article,
§1-101(aa-1), Annotated Code of Maryland, and may be identified by:
(a) Demographic and historical data brought to the attention of the
State Board showing that a racial, ethnic, or socioeconomic group has been
historically subject to voter suppression efforts; or
(b) A factual finding by a court of competent jurisdiction or
legislative body with binding authority over the State Board that a racial,
ethnic, or socioeconomic group has historically been subject to voter
suppression efforts.
[(18)] (19)—[(41)] (42) (text unchanged)
Subtitle 07 ELECTION DAY
ACTIVITIES
33.07.11 Election Judges
Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 10-202,
10–203, and 10–205, Annotated Code of Maryland
.01 Definitions.
A. In this chapter,
the following terms have the meanings indicated.
B. Terms Defined.
(1) “Previously
served” means an election judge who:
(a) Was previously
appointed in accordance with Election Law Article, §10-203, Annotated Code of
Maryland;
(b) Completed a
term of office; and
(c) Served in the
capacity of an election judge during the term of office in a Statewide primary,
general, or special election.
(2) “Term of office”
means the time from appointment to the office of election judge through the
Tuesday that is 13 weeks before the next Statewide primary election.
.02 Compensation of Election Judges.
A. Minimum
Compensation. For each election judge who has not previously served as an
election judge, the compensation for each election day and each early voting
day actually served shall be at least $250 per day.
B. Entitlement to
Additional Compensation. For each election judge who has previously served as
an election judge, the compensation for each election day and each early voting
day shall be at least $100 more per day than the compensation provided to an
election judge who has not previously served as an election judge.
C. Limitations on
Additional Compensation. The following individuals are not entitled to
additional compensation, unless previously approved by the election director:
(1) Elections
judges serving in their first term of office;
(2) Elections
judges serving a subsequent term of office, but who only acted as a backup
election judge during their first term of office; and
(3) Individuals who
perform election related tasks but are not sworn in as an election judge and
appointed as an election judge.
Subtitle 15 PRECINCTS,
POLLING PLACES, AND FACILITIES
33.15.02 New or
Changed Precincts
Authority: Election
Law Article, §§2-102(b)(4), 2-202(b), and 2-303(g), Annotated Code of Maryland
.01 Scope.
This chapter applies
whenever a local board:
A. Creates a new
precinct; or
B. Changes precinct
boundaries.
33.15.03 Polling
Places
Authority: Criminal
Procedure Article, §11-722; Election Law Article,
§§1-101, 2-102(b)(4), 2-202(b), 2-303.1,
and [10-101(c)] 10-101, Annotated Code
of Maryland
.01 Required Polling Place Plan.
A. Requirements for
Polling Place Plan. A local board shall
include in the polling place plan:
(1) Evidence that
the plan complies with Election Law Article, §10-101(a)(2), Annotated Code of
Maryland;
(2) An analysis of
how to maximize voter participation in each precinct; and
(3) If the polling
place plan proposes to reduce the number of separate buildings used as polling
places below the total number of separate buildings used as polling places in
the 2018 General Election:
(a) The address and
a description of the location of each affected polling place;
(b) An analysis of
available suitable buildings within the precinct boundary, including the
availability of parking and a determination regarding building compliance with
the federal Americans with Disabilities Act;
(c) Of the voters
who cast ballots in each affected precinct in the three most recent Statewide
elections:
(i) The percentage
who voted in person on election day;
(ii) The percentage
who voted by mail;
(iii) The number
who registered to vote on election day; and
(iv) The number who
voted at an early voting center;
(d) Proximity of
the proposed polling place to a dense concentration of voters in the affected
precinct;
(e) The change in
the number of registered voters in the affected precinct from the last Statewide
election;
(f) The public
transportation options that voters in each affected precinct could use to
access the polling place that would serve the precinct under the plan; and
(g) An analysis of
the impact on the ability of historically disenfranchised communities to cast a
ballot, including demographic information of the voters in the affected
precinct.
B. Form for Polling
Place Plan.
(1) The State Board
shall:
(a) Prescribe a
form for a local board to use to provide a proposed polling place plan; and
(b) Provide each
local board with the form at least 1 year before a primary election.
(2) Contents of
Form. The form shall include questions related to whether the proposed polling
place plan meets the requirements in §A of this regulation.
(3) Form
Submission. A local board shall submit the form at least 6 months before each Statewide
primary election. Completion and submission of the form shall constitute
fulfillment of a local board’s duty to submit a polling place plan pursuant to
Election Law Article, §2-303.1(a),
Annotated Code of Maryland.
C. Additional
Information. For each polling place plan, a local board shall submit with the
form required in §B of this regulation:
(1) A Polling Place
Selection Form;
(2) The State of
Maryland’s Accessibility Survey form for each polling place;
(3) Documentation
of the local board’s approval of the polling place plan;
(4) A polling place
diagram;
(5) Photographs of
the interior and exterior of each polling place; and
(6) If a plan
proposes to reduce the total number of separate buildings used as polling
places in the 2018 General Election, documentation to support the determination
that all buildings that will no longer be used as polling places are no longer suitable to be used as
polling places.
D. Approval of
Polling Place Plan.
(1) The polling
place plan shall be approved if:
(a) It complies
with the requirements of §A of this regulation and Election Law Article, §10-101(a)(2),
Annotated Code of Maryland; and
(b) It will not
negatively affect access to voting for historically disenfranchised
communities.
(2) The polling
place plan shall be rejected if it does not meet the requirements §A of this
regulation and Election Law Article, §10-101(a)(2), Annotated Code of Maryland.
The basis for rejection shall be set forth and provided to the local board.
(3) If the plan is
rejected, the local board shall submit a revised polling place plan to the
State Board within 15 days after the date on which the State Board rejected the
previous plan.
.02 New or Changed Polling Place.
A. Board Action
Required to Change the Location of a Polling Place. A local board may not vote to change the
location of a polling place unless the local board first:
(1) Holds a meeting
to discuss the proposed change; and
(2) Provides an
opportunity for interested parties to testify on the proposed change at the
meeting.
B. Notice of
Proposed Changes.
(1) Each local
board shall:
(a) Maintain a
contact list of individuals and organizations who wish to be notified about
local board meetings at which proposed changes to the locations of polling
places will be discussed; and
(b) Enable
individuals and organizations to register for the contact list.
(2) At least 14
days before the meeting required by §A of this regulation, the local board
shall provide written notice of the meeting to:
(a) Each individual
and organization on the contact list; and
(b) The following
elected officials:
(i) County Executive or Mayor of
Baltimore City, if applicable;
(ii) County Commissioner or County Council member elected
by voters in the precinct or precincts with the current polling place and
proposed polling place; and
(iii) Member of the General Assembly
elected by voters in the precinct or precincts with the current polling place
and proposed polling place.
C. Exception for
Emergency Changes. The requirements of
§§A and B of this regulation do not apply if a local board determines that an
emergency exists that requires a change to the polling place location during
the period beginning 21 days before election day through election day.
D. Notice Required
to Voters.
(1) Whenever a
local board changes the location of a polling place, the local board shall
notify all voters who are affected by the change.
(2) Except as
provided in §D(3)(b) of this regulation, the local board shall mail this notice
to the affected voters before the next election.
(3) How and When — Emergencies.
(a) If an emergency
prevents compliance with §B of this regulation, the local board shall:
(i) Take whatever
steps it considers reasonable to notify affected voters of the change; and
(ii) Inform the
State Administrator of the change and the steps being taken to notify voters.
(b) The notice
required by this section:
(i) Shall include a
prominent notice posted at the former polling place; and
(ii) May include
television, radio, and newspaper announcements and advertisements and postings
on the Internet.
LINDA H. LAMONE
State Administrator of
Elections
Notice of Proposed Action
[23-156-P]
The State Board of Elections proposes to:
(1) Adopt new Regulations .01—.05
under a new chapter, COMAR 33.13.21 Online Platforms; and
(2) Amend Regulation .02
under COMAR 33.18.01 Civil
Penalties.
This action was considered by the State Board of Elections at its
June 20, 2023, meeting, notice of which was given in accordance with General
Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Define the scope of new COMAR 33.13.21 Online Platforms;
(2) Define “ad network,” online platform,” and “political
advertiser purchaser”;
(3) Define the responsibilities of a political advertiser
purchaser and online platform;
(4) Define the penalties for violations of COMAR 33.13.21; and
(5) Define the penalties for violations of Election Law Article,
§§13-238 and 13-250, Annotated Code of Maryland.
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 Nikki Charlson, Deputy Administrator,
State Board of Elections, 151 West St., Suite 200, Annapolis, MD 21401, or call
410-269-2843, or email to DL_regcomments_SBE@maryland.gov. Comments will be
accepted through August 28, 2023. A public hearing has not been scheduled.
Subtitle 13 CAMPAIGN FINANCING
33.13.21 Online Platforms
Authority: Election Law Article,
§§1-101, 2-102(b)(4), and 13-405, Annotated Code of Maryland
.01 Scope.
This chapter does not apply to a press organization, or a website
owned or controlled by a press organization.
.02 Definitions.
A. In
this chapter, the following terms have the meanings indicated.
B. Terms
Defined.
(1) “Ad network” means any entity whose business is to facilitate
the placement of advertisements on behalf of a third party for a fee by buying
or selling directly or indirectly advertisement space on third-party online
platforms, websites, software applications, or social media sites seeking to
host advertisements.
(2) “Online platform” means an online platform as defined in
Election Law Article, §1-101(dd-1), Annotated Code of Maryland, and has $10,000,000 or greater in gross revenue.
(3) “Political advertiser purchaser” means any of the following to
the extent it seeks to make a qualifying paid digital communication on an
online platform:
(a) A political committee;
(b) A candidate;
(c) A person required to register to file an independent
expenditure report pursuant to Election Law Article, §13-306, Annotated Code of
Maryland;
(d) A person required to register to file an election
communication report pursuant to Election Law Article, §13-307, Annotated Code
of Maryland;
(e) A participating organization;
(f) An out-of-State political committee required to file a
campaign finance report;
(g) An agent as defined in COMAR 13.07.07.01;
(h) A foreign principal as defined in Election Law Article,
§13-236.1, Annotated Code of Maryland; and
(i) An individual required to register with the Attorney General
of the United States pursuant to 22 U.S.C. §§611 –
621, the Foreign Agent Registration Act of 1938.
.03
Political Advertiser Purchaser Responsibilities.
A. Notice. A political advertiser
purchaser shall provide notice that it is disseminating a qualifying paid
digital communication to the online platform on which it intends to disseminate
that qualifying paid digital communication.
B. Required Information. A
political advertiser purchaser shall provide to the online platform at the time
of the initial point of purchase for the dissemination of a qualifying paid
digital communication by the online platform the following information:
(1) The name of the political
advertiser purchaser and, if an agent, the name of the entity represented by
the agent;
(2) A telephone number, mailing
address, and email address of the political advertiser purchaser; and
(3) A copy of the qualifying paid
digital communication.
C. Notice to the State Board. If a
political advertiser purchaser is not able to provide the notice required by §A
of this regulation because the online platform is not equipped to receive such
notice, then the political advertiser purchaser shall provide in writing within
48 hours to the State Board:
(1) Notice that the online platform
failed to provide a mechanism for disclosing to the online platform that the
political advertiser purchaser is disseminating a qualifying paid digital
communication; and
(2) All of the information required
in §B of this regulation.
.04
Online Platform Responsibilities.
A. Notice. An online platform shall provide a mechanism for a
political advertiser purchaser to provide notice to the online platform that it
is placing a qualifying paid digital communication for dissemination.
B. Database Requirements. If the online platform is the initial
point of the purchase for the dissemination of a qualifying paid digital
communication, the online platform shall make available for public inspection
on a website owned or controlled by the online platform in a machine readable
database within 48 hours after receiving the notice described in §A of this
regulation the following information:
(1) The date of the notice to disseminate the qualifying paid
digital communication;
(2) The name of the political advertiser purchaser and, if the
political advertiser purchaser is an agent, the political committee or person
responsible for the placement of the qualifying paid digital communication;
(3) A telephone number, contact mailing address, and email address
of the political advertiser purchaser and the political committee or person
responsible for the placement of the qualifying paid digital communication; and
(4) The total amount paid by the political advertiser purchaser
for the distribution or dissemination of the campaign material.
C. Online Platforms — Not Insertion Order Point. If the online
platform is not the initial point of purchase for the dissemination of a qualifying
paid digital communication and receives the qualifying paid digital
communication from an ad network, the online platform shall make available for
public inspection on a website owned or controlled by the online platform in a
machine readable database within 48 hours after receiving compensation for the
placement of the qualifying paid digital communication the following
information:
(1) The date the qualifying paid digital communication was
disseminated on its platform; and
(2) A link to the database on the website owned or controlled by
the online platform that is the initial point of purchase for the dissemination
of the qualifying paid digital communication containing the information set
forth in §B of this regulation.
D. Online Platform — Other Requirements. An online platform in §C
of this regulation may provide only the link to the database on the website
owned or controlled by the online platform that is the initial point of
purchase for the dissemination of the qualifying paid digital communication on
its website if:
(1) The qualified paid digital communication identifies the
website of the database of the online platform that is the initial point of
purchase in the authority line of the qualified paid digital communication; and
(2) The online platform clearly discloses that the source of the
qualified paid digital communication came from an ad network.
E. Database Labeling. The database on the website shall be
identified as “Political Advertisement Disclosures” on the website and be
downloadable.
F. Safe Harbor. An online platform may rely on the information
provided by the political advertiser purchaser and may not be held liable for
failure to include a qualifying paid digital communication on its database if
the political advertiser purchaser did not provide notice that the political
advertiser purchaser intended to disseminate a qualifying paid digital
communication.
.05
Penalties.
A. Civil Penalties — Political Advertiser Purchaser. A political
advertiser purchaser that fails to notify the State Board in a timely manner
according to the requirements of this chapter is subject to a civil penalty not
exceeding $5,000.
B. Civil Penalties — Online Platform. An online platform that
violates this chapter is subject to a civil penalty not exceeding $5,000.
Subtitle 18 VIOLATIONS
33.18.01 Civil Penalties
Authority: Election Law Article, §§2-102(b)(4), 13-235, 13-238, 13-239,
13-250, and 13-604.1, Annotated Code of Maryland
.02 Civil Penalties.
|
|
1st
Offense
|
2nd
Offense
|
3rd and
Subsequent
Offenses
|
|
A.—J. (text unchanged)
|
|
|
|
|
K.
Failure to make a monetary contribution or donation in United States currency
in violation of Election Law Article, §13-238, Annotated Code of Maryland
|
$750
|
$1000
|
$1000
|
|
L.
Failure to make a monetary disbursement or expenditure in United States
currency in violation of Election Law Article, §13-250, Annotated Code of
Maryland
|
$750
|
$1000
|
$1000
|
LINDA H. LAMONE
State Administrator of
Elections
Errata
COMAR 13A.12.07
At
50:14 Md. R. 633 (July 14, 2022), column 1, line 19 from the bottom:
For: (7)
Regulations .01—.08 under COMAR 13A.12.05
Read: (7)
Regulations .01—.08 under COMAR 13A.12.07
[23-15-12]
Special Documents
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN
COMMISSION
Public Hearing
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: The Susquehanna River Basin Commission will
hold a public hearing on August 10, 2023. The Commission will hold this hearing
in person and telephonically. At this public hearing, the Commission will hear
testimony on the projects listed in the Supplementary Information section of
this notice. Such projects are intended
to be scheduled for Commission action at its next business meeting, tentatively
scheduled for September 14, 2023, which will be noticed separately. The public
should note that this public hearing will be the only opportunity to offer oral
comments to the Commission for the listed projects. The deadline for the
submission of written comments is August 21, 2023.
DATES: The public hearing will convene on August 10,
2023, at 6:30 p.m. The public hearing will end at 9:00 p.m. or at the
conclusion of public testimony, whichever is earlier. The deadline for
submitting written comments is Monday, August 21, 2023.
ADDRESSES: This public hearing will be conducted in
person and virtually. You may attend in person at Susquehanna River Basin
Commission, 4423 N. Front St., Harrisburg, Pennsylvania, or join by telephone
at Toll-Free Number 1-877-304-9269 and then enter the guest passcode 2619070
followed by #.
FOR FURTHER
INFORMATION CONTACT: Jason Oyler,
General Counsel and Secretary to the Commission, telephone: (717) 238-0423 or joyler@srbc.net.
Information concerning the project applications
is available at the Commission’s Water Application and Approval Viewer at https://www.srbc.net/waav. Additional supporting documents are
available to inspect and copy in accordance with the Commission’s Access to
Records Policy at www.srbc.net/regulatory/policies-guidance/docs/access-to-records-policy-2009-02.pdf.
SUPPLEMENTARY
INFORMATION: The public hearing will
cover the following projects:
Projects Scheduled
for Action:
Project Sponsor and Facility: Bent Creek Country Club, Manheim Township,
Lancaster County, Pa. Applications for
renewal of groundwater withdrawal of up to 0.464 mgd (30-day average) from Well
1 (600 Foot Well) and consumptive use of up to 0.464 mgd (peak day) (Docket No.
19920704).
Project Sponsor and Facility: BKV Operating, LLC (East Branch Wyalusing
Creek), Jessup Township, Susquehanna County, Pa. Application for renewal of surface water
withdrawal of up to 0.999 mgd (peak day) (Docket No. 20180902).
Project Sponsor: Borough of Middletown. Project Facility: Middletown Water System, Middletown Borough,
Dauphin County, Pa. Application for
renewal of groundwater withdrawal of up to 1.070 mgd (30-day average) from Well
6 (Docket No. 19970702).
Project Sponsor and Facility: Coterra Energy Inc. (Tunkhannock Creek),
Nicholson Township, Wyoming County, Pa.
Application for renewal of surface water withdrawal of up to 2.000 mgd (peak
day) (Docket No. 20180903).
Project Sponsor and Facility: Dillsburg Area Authority, Carroll Township,
York County, Pa. Application for renewal
of groundwater withdrawal of up to 0.460 mgd (30-day average) from Well 7
(Docket No. 20070907).
Project Sponsor and Facility: Eagle Lake Community Association, Covington
Township, Lackawanna County, Pa.
Applications for groundwater withdrawals (30-day averages) of up to
0.233 mgd from Well 1, 0.315 mgd from Well 2, and 0.104 mgd from Well 3.
Project Sponsor and Facility: East Berlin Area Joint Authority, Hamilton
Township, Adams County, Pa. Application
for renewal of groundwater withdrawal of up to 0.130 mgd (30-day average) from
Well 6 (Docket No. 20080950).
Project Sponsor and Facility: East Cocalico Township Authority, East
Cocalico Township, Lancaster County, Pa.
Application for renewal of groundwater withdrawal of up to 0.201 mgd
(30-day average) from Well 14 (Docket No. 19981202).
Project Sponsor and Facility: EQT ARO LLC (Pine Creek), McHenry Township,
Lycoming County, Pa. Application for
renewal of surface water withdrawal of up to 0.499 mgd (peak day) (Docket
No. 20180901).
Project Sponsor and Facility: Indian Hills Golf and Tennis Club, Shamokin
Township, Northumberland County, Pa.
Application for renewal of consumptive use of up to 0.099 mgd (30-day
average) (Docket No. 19980504).
Project Sponsor and Facility: Inflection Energy (PA) LLC (Loyalsock Creek),
Upper Fairfield Township, Lycoming County, Pa.
Application for renewal of surface water withdrawal of up to 1.700 mgd
(peak day) (Docket No. 20221214).
Project Sponsor: Lucky Bear, LLC. Project Facility: Liberty Forge Golf Course (Yellow Breeches
Creek), Lower and Upper Allen Townships, Cumberland County, Pa. Applications for renewal of surface water
withdrawal of up to 0.432 mgd (peak day) and consumptive use of up to 0.375 mgd
(peak day) (Docket No. 19980906).
Project Sponsor and Facility: Montgomery Water Authority, Clinton Township,
Lycoming County, Pa. Modification to
increase groundwater withdrawal (30-day average) from Well 3 by an additional
0.098 mgd, for a total groundwater withdrawal of up to 0.318 mgd, and
increase the total system withdrawal limit (30-day average) from 0.492 mgd to
0.730 mgd from Wells 1, 3, and 4 (Docket No. 20210304).
Project Sponsor and Facility: Nicholas Meat, LLC, Greene Township, Clinton
County, Pa. Applications for groundwater
withdrawals (30-day averages) of up to 0.288 mgd from Well WS-1, 0.173 mgd from
Well WS-3, and 0.144 mgd from Well WS-4.
Project Sponsor and Facility: Repsol Oil & Gas USA, LLC (Susquehanna
River), Terry Township, Bradford County, Pa.
Application for renewal of surface water withdrawal of up to 1.500 mgd
(peak day) (Docket No. 20180909).
Project Sponsor and Facility: Repsol Oil & Gas USA, LLC (Wappasening
Creek), Windham Township, Bradford County, Pa.
Application for renewal of surface water withdrawal of up to 0.999 mgd
(peak day) (Docket No. 20180910).
Project Sponsor and Facility: Seneca Resources Company, LLC (Crooked
Creek), Middlebury Township, Tioga County, Pa.
Application for surface water withdrawal of up to 3.000 mgd (peak day).
Project Sponsor: South Slope Development Corporation. Project Facility: Song Mountain Ski Resort, Town of Preble,
Cortland County, N.Y. Applications for
renewal of surface water withdrawal of up to 0.999 mgd (30-day average) from an
unnamed tributary to Crooked Lake, consumptive use of up to 0.249 mgd (30-day
average), and groundwater withdrawal of up to 0.960 mgd (30-day average) from
Well MW-3 (Docket No. 20070901).
Project Sponsor and Facility: S.T.L. Resources, LLC (Pine Creek), Pike
Township, Potter County, Pa. Application
for surface water withdrawal of up to 3.000 mgd (peak day).
Project Sponsor: T & C Mobile Home & Construction
Services, LLC. Project Facility: Glezen Mine, Town of Lisle, Broome County,
N.Y. Application for consumptive use of
up to 0.099 mgd (30-day average).
Project Sponsor and Facility: Village of Hamilton, Town of Hamilton,
Madison County, N.Y. Applications for
renewal of groundwater withdrawals (30-day averages) of up to 1.730 mgd from
Payne Brook Well 1 and 1.500 mgd from Payne Brook Well 2 (Docket Nos. 19871101
and 19970706).
Project Sponsor and Facility: Village of Sidney, Town of Sidney, Delaware
County, N.Y. Modification to extend the
approval term of the groundwater withdrawal approval (Docket No. 19860201) to
provide time for development of a replacement source for existing Well 2‑88.
Opportunity to
Appear and Comment:
Interested parties
may call into the hearing to offer comments to the Commission on any business
listed above required to be the subject of a public hearing. Given the nature
of the meeting, the Commission strongly encourages those members of the public
wishing to provide oral comments to pre-register with the Commission by
e-mailing Jason Oyler at joyler@srbc.net before the hearing date. The presiding officer reserves the right to
limit oral statements in the interest of time and to control the course of the
hearing otherwise. Access to the hearing via telephone will begin at 6:15 p.m.
Guidelines for the public hearing are posted on the Commission’s website, www.srbc.net, before the hearing for review. The presiding
officer reserves the right to modify or supplement such guidelines at the
hearing. Written comments on any business listed above required to be the
subject of a public hearing may also be mailed to Mr. Jason Oyler, Secretary to
the Commission, Susquehanna River Basin Commission, 4423 North Front Street,
Harrisburg, Pa. 17110-1788, or submitted electronically through https://www.srbc.net/regulatory/public-comment/. Comments mailed or electronically submitted
must be received by the Commission on or before Monday, August 21, 2023, to be
considered.
AUTHORITY: Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR
Parts 806, 807, and 808.
DATED: July
6, 2023.
JASON E. OYLER
General Counsel and Secretary to the Commission
SUSQUEHANNA RIVER BASIN COMMISSION
Projects Approved for
Consumptive Uses of Water
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists Approvals by Rule for
projects by the Susquehanna River Basin Commission during the period set forth
in DATES.
DATES: June 1-30, 2023.
ADDRESSES: Susquehanna River Basin Commission, 4423
North Front Street, Harrisburg, PA
17110-1788.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler,
General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries
may be sent to the above address.
SUPPLEMENTARY
INFORMATION: This notice lists the
projects, described below, receiving approval for the consumptive use of water
pursuant to the Commission’s approval by rule process set forth in 18 CFR
§806.22 (e) and (f) for the time period specified above.
Water Source
Approval - Issued Under 18 CFR 806.22(e ):
Niagara Bottling,
LLC; Big Spring Facility; ABR-202306001;
Boggs Township, Centre County, Pa.; Consumptive Use of Up to 1.0000 mgd;
Approval Date: June 14, 2023.
Water Source
Approval - Issued Under 18 CFR 806.22(f ):
BKV Operating, LLC; Pad ID: Plushanski Well
Pad; ABR-201806001.R1; Lemon Township, Wyoming County, Pa.; Consumptive Use of
Up to 2.1000 mgd; Approval Date: June 14, 2023.
Chesapeake Appalachia, L.L.C.; Pad ID: Porter;
ABR-201306001.R2; North Branch Township, Wyoming County, Pa.; Consumptive Use
of Up to 7.5000 mgd; Approval Date: June 14, 2023.
Chesapeake Appalachia, L.L.C.; Pad ID:
Shamrock; ABR-201306003.R2; Windham Township, Wyoming County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: June 14, 2023.
Chesapeake Appalachia, L.L.C.; Pad ID: Tinna;
ABR-201306002.R2; Mehoopany Township, Wyoming County, Pa.; Consumptive Use of
Up to 7.5000 mgd; Approval Date: June 14, 2023.
Coterra Energy Inc.; Pad ID: GillinghamR P1;
ABR-201305017.R2; Forest Lake Township, Susquehanna County, Pa.; Consumptive
Use of Up to 5.0000 mgd; Approval Date: June 14, 2023.
Coterra Energy Inc.; Pad ID: HaynesW P1;
ABR-201706001.R1; Harford Township, Susquehanna County, Pa.; Consumptive Use of
Up to 5.0000 mgd; Approval Date: June 14, 2023.
Coterra Energy Inc.; Pad ID: WaldenbergerP P1;
ABR-201206002.R2; Dimock Township, Susquehanna County, Pa.; Consumptive Use of
Up to 5.0000 mgd; Approval Date: June 14, 2023.
Range Resources - Appalachia, LLC; Pad ID:
Laurel Hill B Unit; ABR-201306004.R2; Cogan House Township, Lycoming County,
Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: June 14,
2023.
Seneca Resources Company, LLC; Pad ID: Wood
626; ABR-201106006.R2; Sullivan Township, Tioga County, Pa.; Consumptive Use of
Up to 4.0000 mgd; Approval Date: June 14, 2023.
Chesapeake Appalachia, L.L.C.; Pad ID: Brewer;
ABR-201306007.R2; Meshoppen Township, Wyoming County, Pa.; Consumptive Use of
Up to 7.5000 mgd; Approval Date: June 21, 2023.
Coterra Energy Inc.; Pad ID: ReynoldsR P1;
ABR-201306008.R2; Jessup Township, Susquehanna County, Pa.; Consumptive Use of
Up to 5.0000 mgd; Approval Date: June 21, 2023.
Repsol Oil & Gas USA, LLC; Pad ID: THORNE
(07 080) G; ABR-201306005.R2; Apolacon Township, Susquehanna County, Pa.;
Consumptive Use of Up to 6.0000 mgd; Approval Date: June 21, 2023.
Repsol Oil & Gas USA, LLC; Pad ID: TRAVER
(07 081) E; ABR-201306006.R2; Choconut Township, Susquehanna County, Pa.;
Consumptive Use of Up to 6.0000 mgd; Approval Date: June 21, 2023.
Chesapeake Appalachia, L.L.C.; Pad ID: ODowd;
ABR-201305006.R2; Auburn Township, Susquehanna County, Pa.; Consumptive Use of
Up to 7.5000 mgd; Approval Date: June 22, 2023.
Coterra Energy Inc.; Pad ID: BishopB P1;
ABR-201305013.R2; Springville Township, Susquehanna County, Pa.; Consumptive
Use of Up to 5.0000 mgd; Approval Date: June 22, 2023.
Chesapeake Appalachia, L.L.C.; Pad ID: Spencer
Drilling Pad; ABR-201306010.R2; Lenox Township, Susquehanna County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: June 29, 2023.
Seneca Resources Company, LLC; Pad ID: Fuller
826; ABR-201606005.R1; Middlebury Township, Tioga County, Pa.; Consumptive Use
of Up to 4.0000 mgd; Approval Date: June 29, 2023.
AUTHORITY: Public Law
91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.
DATED: July 6, 2023
JASON E. OYLER
General Counsel and Secretary to the Commission
SUSQUEHANNA RIVER BASIN COMMISSION
Grandfathering (GF) Registration
Notice
AGENCY: Susquehanna River Basin Commission.
ACTION: Notice.
SUMMARY: This notice lists Grandfathering Registration
for projects by the Susquehanna River Basin Commission during the period set
forth in DATES.
DATES: June 1-30, 2023.
ADDRESSES: Susquehanna River Basin Commission, 4423
North Front Street, Harrisburg, PA
17110-1788.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler,
General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY
INFORMATION: This notice lists GF
Registration for projects described below, pursuant to 18 CFR Part 806, Subpart
E, for the time period specified above:
Borough of Freeland Municipal Authority –
Public Water Supply System, GF Certificate No. GF-202306252, Freeland Borough,
Luzerne County, Pa.; Wells 4, 6, and 10; Issue Date: June 14, 2023.
The Hershey Company – 19 East Chocolate Ave.
Offices, GF Certificate No. GF-202306253, Derry Township, Dauphin County, Pa.;
Wells 6, 8, and 12, and Quarry Pumps 16 and 17; Issue Date: June 14, 2023.
Knouse Foods Cooperative, Inc. – Biglerville
Plant, GF Certificate No. GF-202306254, Butler Township and Biglerville
Borough, Adams County, Pa.; combined withdrawal from Wells 2 and 3, combined
withdrawal from Wells 4, 5, 6, 7, and 8, and consumptive use; Issue Date: June 14, 2023.
Hazleton City Authority – Delano-Park Place
Division, GF Certificate No. GF-202306255, Mahanoy Township, Schuylkill County,
Pa.; Park Place Well 2; Issue Date:
June 15, 2023.
Village of Oxford – Public Water Supply
System, GF Certificate No. GF-202306256, Town of Oxford, Chenango County, N.Y.;
Wells 1 and 2; Issue Date: June 15,
2023.
AUTHORITY: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
DATED: July 6,
2023.
JASON E. OYLER
General Counsel and Secretary to the Commission
General Notices
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.
