|
Maryland Register
Issue Date: September 8, 2023 Volume 50 • Issue 18 • Pages 785 —844
Judiciary Regulations Special Documents General Notices
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 21, 2023 5 p.m.
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of August 21, 2023. Gail S. Klakring Acting Administrator, Division of State Documents Office of the Secretary of State |
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Information About the Maryland
Register and COMAR
MARYLAND REGISTER
The Maryland Register is an official State publication published every
other week throughout the year. A cumulative index is published quarterly.
The Maryland Register is the temporary supplement to the Code of
Maryland Regulations. Any change to the text of regulations published in COMAR, whether by adoption, amendment,
repeal, or emergency action, must first be published in the Register.
The following information is also published regularly in the Register:
• Governor’s Executive Orders
• Attorney General’s Opinions in full text
• Open Meetings Compliance Board Opinions in full text
• State Ethics Commission Opinions in full text
• Court Rules
• District Court Administrative Memoranda
• Courts of Appeal Hearing Calendars
• Agency Hearing and Meeting Notices
• Synopses of Bills Introduced and Enacted
by the General Assembly
• Other documents considered to be in the public interest
CITATION TO THE
MARYLAND REGISTER
The Maryland Register is cited by volume, issue, page number, and date.
Example:
• 19:8 Md. R. 815—817 (April 17,
1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register
issued on April 17, 1992.
CODE OF MARYLAND
REGULATIONS (COMAR)
COMAR is the official compilation of all regulations issued by agencies
of the State of Maryland. The Maryland Register is COMAR’s temporary
supplement, printing all changes to regulations as soon as they occur. At least
once annually, the changes to regulations printed in the Maryland Register are
incorporated into COMAR by means of permanent supplements.
CITATION TO COMAR
REGULATIONS
COMAR regulations are cited by title number, subtitle number, chapter
number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10,
Subtitle 08, Chapter 01, Regulation 03.
DOCUMENTS INCORPORATED
BY REFERENCE
Incorporation by reference is a legal device by which a document is made
part of COMAR simply by referring to it. While the text of an incorporated
document does not appear in COMAR, the provisions of the incorporated document
are as fully enforceable as any other COMAR regulation. Each regulation that
proposes to incorporate a document is identified in the Maryland Register by an
Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or
Repealed, found online, also identifies each regulation incorporating a
document. Documents incorporated by reference are available for inspection in
various depository libraries located throughout the State and at the Division
of State Documents. These depositories are listed in the first issue of the
Maryland Register published each year. For further information, call
410-974-2486.
HOW TO RESEARCH REGULATIONS
An
Administrative History at the end of every COMAR chapter gives information
about past changes to regulations. To determine if there have been any
subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended,
or Repealed’’ which is found online at
http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the
regulations in numerical order, by their COMAR number, followed by the citation
to the Maryland Register in which the change occurred. The Maryland Register
serves as a temporary supplement to COMAR, and the two publications must always
be used together. A Research Guide for Maryland Regulations is available. For
further information, call 410-260-3876.
SUBSCRIPTION
INFORMATION
For subscription forms for the Maryland Register and COMAR, see the back
pages of the Maryland Register. Single issues of the Maryland Register are
$15.00 per issue.
CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS
Maryland citizens and other interested persons
may participate in the process by which administrative regulations are adopted,
amended, or repealed, and may also initiate the process by which the validity
and applicability of regulations is determined. Listed below are some of the
ways in which citizens may participate (references are to State Government
Article (SG),
Annotated
Code of Maryland):
• By submitting data or views on proposed
regulations either orally or in writing, to the proposing agency (see
‘‘Opportunity for Public Comment’’ at the beginning of all regulations
appearing in the Proposed Action on Regulations section of the Maryland
Register). (See SG, §10-112)
• By petitioning an agency to adopt, amend,
or repeal regulations. The agency must respond to the petition. (See SG §10-123)
• By petitioning an agency to issue a
declaratory ruling with respect to how any regulation, order, or statute
enforced by the agency applies. (SG, Title 10, Subtitle 3)
• By petitioning the circuit court for a
declaratory judgment
on
the validity of a regulation when it appears that the regulation interferes
with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)
• By inspecting a certified copy of any
document filed with the Division of State Documents for publication in the
Maryland Register. (See SG, §7-213)
Maryland Register (ISSN
0360-2834). Postmaster: Send
address changes and other mail to: Maryland Register, State House, Annapolis,
Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes
published quarterly, by the State of Maryland, Division of State Documents,
State House, Annapolis, Maryland 21401. The subscription rate for the Maryland
Register is $225 per year (first class mail). All subscriptions post-paid to
points in the U.S. periodicals postage paid at Annapolis, Maryland and
additional mailing offices.
Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor,
Maryland Register and COMAR; Elizabeth
Ramsey, Editor, COMAR Online, and Subscription Manager;
Front cover: State House, Annapolis, MD, built 1772—79.
Illustrations by Carolyn Anderson, Dept. of General Services
Note: All products
purchased are for individual use only. Resale or other compensated transfer of
the information in printed or electronic form is a prohibited commercial
purpose (see State Government Article, §7-206.2, Annotated Code of Maryland).
By purchasing a product, the buyer agrees that the purchase is for individual
use only and will not sell or give the product to another individual or entity.
Closing Dates for the Maryland
Register
Schedule of Closing Dates and
Issue Dates for the
Maryland Register ..................................................................... 789
COMAR Research Aids
Table of Pending Proposals ........................................................... 790
Index of COMAR Titles Affected in
This Issue
COMAR
Title Number and Name Page
08 Department of Natural Resources ............................. 794, 803
09 Maryland Department of Labor ......................................... 810
10 Maryland Department of Health ........................ 794, 802, 814
13A State Board of Education ........................................... 802, 825
14 Independent Agencies ............................................... 800, 830
15 Maryland Department of Agriculture ................................ 835
21 State Procurement Regulations ......................................... 800
26 Department of the Environment ................................ 801, 836
PERSONS
WITH DISABILITIES
Individuals
with disabilities who desire assistance in using the publications and services
of the Division of State Documents are encouraged to call (410) 974-2486, or
(800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.
DISCIPLINARY
PROCEEDINGS .................................. 793
08 DEPARTMENT OF NATURAL RESOURCES
BOATING—SPEED LIMITS AND OPERATION OF
VESSELS
Chesapeake
Bay .......................................................................
10 MARYLAND DEPARTMENT OF HEALTH
BOARD OF EXAMINERS IN OPTOMETRY
BOARD OF PHYSICAL THERAPY EXAMINERS
BOARD OF PODIATRIC MEDICAL EXAMINERS
BOARD OF SOCIAL WORK EXAMINERS
BOARD OF CHIROPRACTIC EXAMINERS
BOARD OF OCCUPATIONAL THERAPY PRACTICE
Telehealth
.................................................................................
BOARD OF PROFESSIONAL COUNSELORS AND
THERAPISTS
Behavior
Analyst Advisory Committee ...................................
BOARD OF MASSAGE THERAPY EXAMINERS
MARYLAND TECHNOLOGY DEVELOPMENT
CORPORATION
Maryland
Equity Investment Fund
OFFICE OF THE PUBLIC ACCESS OMBUDSMAN
Confidentiality
of Mediation Information
Disputed
Public Records ..........................................................
21 STATE PROCUREMENT REGULATIONS
STATE PROCUREMENT ORGANIZATION
STATE PROCUREMENT REGULATIONS AND
CONTRACTS
PROCUREMENT METHODS AND PROJECT DELIVERY
Procurement
by Competitive Sealed Bidding
Procurement
by Competitive Sealed Proposals
.
Emergency
and Expedited Procurements
Small
Procurement Regulations ($50,000 or Less)
Mandatory
Written Solicitation Requirements
Intergovernmental
Cooperative Purchasing
Invoicing,
Payment, and Interest on Late Payments
Mandatory
Construction Contract Clauses
Mandatory
Terms and Conditions for Purchase Orders
Over $50,000
Debarment
................................................................................
ADMINISTRATIVE AND CIVIL REMEDIES
Prompt
Payment of Subcontractors
Small
Business Procurements ..................................................
Minority
Business Enterprise Policies
Veteran-Owned
Small Business Enterprises
PROCUREMENT REPORTING REQUIREMENTS
26 DEPARTMENT OF THE ENVIRONMENT
10 MARYLAND
DEPARTMENT OF HEALTH
HEALTH SERVICES COST REVIEW COMMISSION
Rate
Application and Approval Procedures
13A MARYLAND STATE BOARD OF EDUCATION
Operational
Requirements ........................................................
Educational
Programs in Nonpublic Nursery Schools .............
Inspections,
Complaints, and Enforcement ..............................
Public
Access to Licensing Records
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
Licensed
Forest Products Operator
09 MARYLAND DEPARTMENT OF LABOR
COMMISSIONER OF FINANCIAL REGULATION
10 MARYLAND DEPARTMENT OF HEALTH
Medical
Assistance Eligibility
General
Medical Assistance Provider Participation
Criteria
BOARD OF PODIATRIC MEDICAL EXAMINERS
Licensing
and Continuing Education Requirements
Maryland
AIDS Drug Assistance Program Fund
BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS
General
Regulations .................................................................
BOARD OF MASSAGE THERAPY EXAMINERS
Curriculum
Approval ...............................................................
Student
Behavior Interventions ................................................
COMMISSION ON CRIMINAL SENTENCING POLICY
Criminal
Offenses and Seriousness Categories .......................
15 MARYLAND DEPARTMENT OF AGRICULTURE
Food
Donation Program ...........................................................
26 DEPARTMENT OF THE ENVIRONMENT
Advanced
Clean Trucks Program ............................................
SUSQUEHANNA
RIVER BASIN COMMISSION
Projects Approved for Consumptive Uses of Water ............
WATER
AND SCIENCE ADMINISTRATION
Water Quality Certification 22-WQC-0045
Public
Meeting .........................................................................
Public
Meeting .........................................................................
Public
Hearing ..........................................................................
DIVISION OF LABOR AND INDUSTRY/AMUSEMENT
RIDE SAFETY ADVISORY BOARD
Public
Meeting .........................................................................
MARYLAND STATE LOTTERY AND GAMING CONTROL
AGENCY
MARYLAND HEALTH CARE COMMISSION
STANDING ADVISORY COMMITTEE ON OPIOID
ASSOCIATED DISEASE PREVENTION AND
OUTREACH
PROGRAMS
STATE ADVISORY COUNCIL ON QUALITY CARE AT
THE END OF LIFE
SPORTS WAGERING APPLICATIONS REVIEW
COMMISSION
MARYLAND DEPARTMENT OF VETERANS AFFAIRS
WORKERS’ COMPENSATION COMMISSION
COMAR
Online
The Code of Maryland
Regulations is available at www.dsd.state.md.us as a free service of the Office
of the Secretary of State, Division of State Documents. The full text of regulations
is available and searchable. Note, however, that the printed COMAR continues to
be the only official and enforceable version of COMAR.
The Maryland Register is
also available at www.dsd.state.md.us.
For additional
information, visit www.dsd.maryland.gov, Division
of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.
Availability
of Monthly List of
Maryland Documents
The Maryland Department of
Legislative Services receives copies of all publications issued by State
officers and agencies. The Department prepares and distributes, for a fee, a
list of these publications under the title ‘‘Maryland Documents’’. This list is
published monthly, and contains bibliographic information concerning regular
and special reports, bulletins, serials, periodicals, catalogues, and a variety
of other State publications. ‘‘Maryland Documents’’ also includes local
publications.
Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.
CLOSING DATES AND ISSUE DATES THROUGH
DECEMBER 2023†
|
Issue |
Emergency and Proposed Regulations 5
p.m.* |
Notices,
etc. 10:30
a.m. |
Final Regulations 10:30
a.m. |
|
2023 |
|||
|
September 22 |
September
1** |
September 11 |
September 13 |
|
October 6 |
September 18 |
September 25 |
September 27 |
|
October 20 |
October 2 |
October 6** |
October 11 |
|
November 3 |
October 16 |
October 23 |
October 25 |
|
November 17 |
October 30 |
November 6 |
November 8 |
|
December 1 |
November 13 |
November 20 |
November 22 |
|
December 15 |
November 27 |
December 4 |
December 6 |
|
December 29 |
December 11 |
December 18 |
December 20 |
† Please
note that this table is provided for planning purposes and that the Division of
State Documents (DSD) cannot guarantee submissions will be published in an
agency’s desired issue. Although DSD strives to publish according to the
schedule above, there may be times when workload pressures prevent adherence to
it.
* Also note that proposal deadlines are for
submissions to DSD for publication
in the Maryland Register and do not take into account the 15-day AELR review
period. The due date for documents containing 8 to 18 pages is 48 hours before
the date listed; the due date for documents exceeding 18 pages is 1 week before
the date listed.
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW
ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE PAGE COUNT REFLECTS THIS FORMATTING.
** Note closing date changes.
The regular closing date for Proposals and
Emergencies is Monday.
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed
This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.
Table of Pending Proposals
The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.
05 DEPARTMENT OF HOUSING
AND COMMUNITY DEVELOPMENT
05.03.09.01—.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
08.02.02.01—.10,.12
• 50:18 Md. R. 803 (9-8-23)
08.02.04.16 •
50:18 Md. R. 803 (9-8-23)
08.02.04.17 •
50:17 Md. R. 770 (8-25-23) (ibr)
08.02.07.01—.05 • 50:18 Md. R. 803 (9-8-23)
08.02.08.02,.07,.09,.11,.12 • 50:18 Md. R. 803 (9-8-23)
08.07.08.08 •
50:18 Md. R. 809 (9-8-23)
09 MARYLAND DEPARTMENT OF LABOR
09.03.06.28 • 50:18 Md. R. 810 (9-8-23)
09.03.14.01—.18 • 50:4 Md. R. 125 (2-24-23)
50:7 Md. R. 307 (4-7-23) (corr)
50:18 Md. R. 812 (9-8-23)
09.09.01.03 • 50:17 Md. R. 771 (8-25-23)
09.09.02.01 • 50:17 Md. R. 771 (8-25-23)
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)
09.36.07.02 •
50:17 Md. R. 772 (8-25-23)
10 MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 (2nd volume)
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)
10.09.16.01—.13 •
50:4 Md. R. 136 (2-24-23)
10.09.24.03 •
50:18 Md. R. 814 (9-8-23)
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)
10.09.36.03-2 •
50:18 Md. R. 814 (9-8-23)
10.09.40.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.41.03,.04,.07 • 50:16 Md. R. 730 (8-11-23)
10.09.52.01—.06 •
50:1 Md. R. 13 (1-13-23)
10.09.54.01,.04,.14,.16,.17,.22
• 50:3 Md. R. 94 (2-10-23)
10.09.56.22 •
50:4 Md. R. 140 (2-24-23)
10.09.62.01—.15 •
50:16 Md. R. 732 (8-11-23)
10.09.63.01—.06 •
50:13 Md. R. 526 (6-30-23)
10.09.69.04,.14,.17
• 50:16 Md. R. 737 (8-11-23)
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)
10.34.34.02—.12 •
50:13 Md. R. 533 (6-30-23)
Subtitles 37—52 (5th volume)
10.37.01.02 •
50:17 Md. R. 772 (8-25-23) (ibr)
10.38.08.01—.08 •
50:15 Md. R. 693 (7-28-23)
10.40.02.03. •
50:18 Md. R. 815 (9-8-23)
10.41.01.01—.04 •
50:16 Md. R. 738 (8-11-23)
10.41.02.01,.02,.04
• 50:16 Md. R. 738 (8-11-23)
10.41.03.02,.03,.05,.06
• 50:16 Md. R. 738 (8-11-23)
10.41.04.01,.02,.06,.08
• 50:16 Md. R. 738 (8-11-23)
10.41.05.01—.07 •
50:16 Md. R. 738 (8-11-23)
10.41.08.01-1,.02,.06,.08,.11,.12,.14
• 50:16 Md. R. 738 (8-11-23)
10.41.09.02 •
50:16 Md. R. 738 (8-11-23)
10.41.11.01—.10 •
50:16 Md. R. 738 (8-11-23)
10.41.13.02,.04 •
50:16 Md. R. 738 (8-11-23)
10.42.06.02,.03,.05—.11
• 50:15 Md. R. 695 (7-28-23)
Subtitles 53—68 (6th volume)
10.52.08.01—.16 •
50:18 Md. R. 816 (9-8-23)
10.53.08.05 •
50:17 Md. R. 773 (8-25-23)
10.53.09.01—.04 •
50:17 Md. R. 773 (8-25-23)
10.60.01.03,.05 •
50:18 Md. R. 816 (9-8-23)
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)
10.65.01.04—.16 •
50:18 Md. R. 817 (9-8-23)
10.65.07.01—04 • 50:18 Md. R. 817 (9-8-23)
10.65.11.01—.10 •
50:18 Md. R. 817 (9-8-23)
10.67.01.01 •
50:16 Md. R. 732 (8-11-23)
10.67.02.01 •
50:16 Md. R. 732 (8-11-23)
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)
11.11.05.03 •
50:16 Md. R. 750 (8-11-23)
11.11.05.04 •
50:16 Md. R. 751 (8-11-23)
11.12.01.14 •
50:15 Md. R. 698 (7-28-23)
11.13.12.01,.04,.05,.09
• 50:16 Md. R. 752 (8-11-23)
11.15.40.01—.04 •
50:16 Md. R. 753 (8-11-23)
11.17.09.05 • 50:16 Md. R. 750 (8-11-23)
11.17.21.05 •
50:16 Md. R. 750 (8-11-23)
13A STATE BOARD OF EDUCATION
13A.02.06.01,.02,.05—.07
• 50:14 Md. R. 620 (7-14-23)
13A.07.06.01—.15
• 50:14 Md. R. 621 (7-14-23) (ibr)
13A.08.04.01—.07 •
50:18 Md. R. 825 (9-8-23)
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)
50:15 Md. R. 707 (7-28-23) (err)
13A.15.01.02 •
49:24 Md. R. 1032 (11-18-22)
13A.15.02.02 •
50:17 Md. R. 774 (8-25-23)
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)
13A.16.02.02 •
50:17 Md. R. 774 (8-25-23)
13A.16.06.09-1,.10-1
• 50:17 Md. R. 776 (8-25-23)
13A.17.02.02 •
50:17 Md. R. 774 (8-25-23)
13A.18.02.02 •
50:17 Md. R. 774 (8-25-23)
13A.18.06.06-1 •
50:17 Md. R. 776 (8-25-23)
13B MARYLAND HIGHER
EDUCATION COMMISSION
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)
14.22.02.02 •
50:18 Md. R. 830 (9-8-23)
14.35.07.22 • 50:13 Md. R. 535 (6-30-23)
14.35.19.03 •
50:16 Md. R. 754 (8-11-23)
14.35.20.01—.12 •
50:13 Md. R. 536 (6-30-23)
14.39.02.05 •
50:17 Md. R. 778 (8-25-23)
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)
15 MARYLAND DEPARTMENT OF
AGRICULTURE
15.01.12.01,.03,.04
• 50:18 Md. R. 835 (9-8-23)
21 STATE PROCUREMENT
REGULATIONS
21.05.02.14 • 50:13 Md. R. 539
(6-30-23)
21.05.03.03 • 50:13 Md. R. 539
(6-30-23)
21.11.03.10 • 50:13 Md. R. 539
(6-30-23)
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)
Subtitles 08—12 (Part 2)
26.11.17.01,.04 •
50:11 Md. R. 455 (6-2-23)
26.11.43.01—.05 •
50:18 Md. R. 836 (9-8-23) (ibr)
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)
33 STATE BOARD OF
ELECTIONS
33.01.01.01 • 50:15 Md. R. 703
(7-28-23)
33.01.05.06 • 50:17 Md. R. 779
(8-25-23)
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)
33.16.02.01 •
50:17 Md. R. 779 (8-25-23)
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)
33.21.03.02 • 50:17 Md. R. 779 (8-25-23)
This is to certify that by an Order of this Court dated August 25, 2023, IRA CHARLES COOKE (CPF# 1207110001), as of August 25, 2023, Ira Charles Cooke has been placed on disability inactive status by consent, effective immediately and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).
[23-18-13]
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 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS
Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland
Notice of Final Action
[23-123-F]
On August 29, 2023, the Secretary of Natural Resources adopted amendments to Regulation .02 under COMAR 08.18.07 Chesapeake Bay. This action, which was proposed for adoption in 50:14 Md. R. 596 (July 14, 2023), has been adopted as proposed.
Effective Date: September 18, 2023.
JOSH KURTZ
Secretary of Natural Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.36 General Medical Assistance Provider Participation Criteria
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
Notice of Final Action
[23-079-F]
On August 24, 2023, the Secretary of Health adopted amendments to Regulations .01—.03, .07, and .09—.11 under COMAR 10.09.36 General Medical Assistance Provider Participation Criteria. This action, which was proposed for adoption in 50:13 Md. R. 524—526 (June 30, 2023), has been adopted as proposed.
Effective Date: September 18, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 28 BOARD OF EXAMINERS IN OPTOMETRY
Authority: Health Occupations
Article, §§1-1001—1-1006, Annotated Code of Maryland
Notice of Final Action
[22-205-F]
On August 24, 2023, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.28.01 Telehealth. This action, which was proposed for adoption in 49:26 Md. R. 1084—1085 (December 16, 2022), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .03B: These changes provide clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous and other language to be consistent with the telehealth regulations for other health occupations boards.
.03 Licensure.
[[A.]] Subject to the provisions of
Health Occupations Article, §11-301, Annotated Code of Maryland, a telehealth practitioner
shall be licensed in Maryland when providing telehealth services to a patient
located in the State.
[[B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the telehealth practitioner or patient is physically located in this State.]]
.04 Standards of
Practice for Telehealth.
A. Before performing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services [[within
a reasonable degree of certainty]]
through the use of:
(a)—(c) (proposed text unchanged)
(2) For an initial patient-telehealth practitioner [[interaction]] encounter, disclose the telehealth practitioner’s:
(a)—(d) (proposed text
unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—D. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 38 BOARD OF PHYSICAL THERAPY EXAMINERS
Authority: Health Occupations
Article, §§1-1001—1-1006, Annotated Code of Maryland
Notice of Final Action
[22-295-F]
On August 24, 2023, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.38.13 Telehealth. This action, which was proposed for adoption in 50:1 Md. R. 22—23 (January 13, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .03B: These changes provide clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous and other language to be consistent with the telehealth regulations for other health occupations boards, and require that a telehealth practitioner disclose their compact privilege number in an initial patient- telehealth practitioner encounter, if applicable.
.03 Licensure.
[[A.]] Subject to the provisions of Health
Occupations Article, §13-301, Annotated Code of Maryland, a telehealth
practitioner shall be licensed in Maryland or hold a compact privilege in
Maryland when providing telehealth services to a patient located in the State.
[[B. Telehealth
practitioners licensed in this State are subject to the jurisdiction of the
State and shall abide by the telehealth requirements of this chapter if either
the telehealth practitioner or patient is physically located in this State.]]
.04 Standards of
Practice for Telehealth.
A. Before providing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services [[within
a reasonable degree of certainty]]
through use of:
(a)—(c) (proposed text unchanged)
(2) For an initial [[patient]] patient-telehealth
practitioner encounter, disclose the telehealth practitioner’s:
(a) (proposed text
unchanged)
(b) Maryland license number and type or compact privilege
number, if applicable; and
(c) (proposed text
unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—C. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS
Authority: Health Occupations
Article, §§1-1001—1-1006, Annotated Code of Maryland
Notice of Final Action
[22-206-F]
On August 24, 2023, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.40.12 Telehealth. This action, which was proposed for adoption in 49:26 Md. R. 1085—1087 (December 16, 2022), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .03B: These changes provide clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous language.
.03 Licensure.
[[A.]] Subject to the provisions of Health
Occupations Article, Title 16, Subtitle 3, Annotated Code of Maryland, a
telehealth practitioner shall be licensed in Maryland when providing telehealth
services to a patient located in the State.
[[B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the telehealth practitioner or patient is physically located in this State.]]
.04 Standards of
Practice for Telehealth.
A. Before providing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services [[within a reasonable degree
of certainty]] through use of:
(a)—(c) (proposed text unchanged)
(2)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—D. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 41 BOARD OF EXAMINERS FOR
AUDIOLOGISTS, HEARING AID DISPENSERS, [[AND]] SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS
Authority: Health Occupations
Article, §§2-201, 2-205, and 1-1001—1-1006, Annotated Code of Maryland
Notice of Final Action
[22-207-F]
On August 24, 2023, the Secretary of Health adopted the repeal of existing Regulations .01—.05 under existing COMAR 10.41.06 Telehealth Communication and new Regulations .01—.06 under new COMAR 10.41.06 Telehealth. This action, which was proposed for adoption in 49:26 Md. R. 1087—1088 (December 16, 2022), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .02B: These changes clarify the definition of telehealth practitioner to include an audiologist or speech-language pathologist who have a compact privilege in Maryland.
Regulation .03A: This change provides for a telehealth practitioner to be licensed in Maryland or hold a compact privilege to practice telehealth in Maryland.
Regulation .03B: This change provides clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous language and require that a telehealth practitioner disclose their compact privilege number in an initial patient-telehealth practitioner encounter, if applicable.
.02 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(6) (proposed text unchanged)
(7) “Telehealth practitioner” means [[a]]:
(a) A Maryland licensee of the Board of Examiners for
Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music
Therapists performing telehealth services within their respective scope of
practice[[.]]; or
(b) An audiologist or speech-language pathologist with a
compact privilege in Maryland performing telehealth services within their
respective scope of practice.
.03 Licensure.
[[A.]] Subject to the provisions of
Health Occupations Article, Title 2, Subtitle 3, Annotated Code of Maryland, a
telehealth practitioner shall be licensed in Maryland or hold a compact
privilege when providing telehealth services to a patient located in the
State.
[[B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the telehealth practitioner or patient is physically located in this State.]]
.04 Standards of
Practice for Telehealth.
A. Before performing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services [[within
a reasonable degree of certainty]]
through use of:
(a)—(c) (proposed text unchanged)
(2) For an initial patient-telehealth practitioner encounter,
disclose the telehealth practitioner’s:
(a)—(b) (proposed text
unchanged)
(c) Maryland license number and type or compact privilege
number, if applicable; and
(d) (proposed text
unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—D. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 42 BOARD OF SOCIAL WORK EXAMINERS
Authority: Health-General Article, §15-141.2; Health Occupations Article, §§1-901—1-903 and 1-1001—1-1006; Insurance Article, §15-139; Annotated Code of Maryland
Notice of Final Action
[22-208-F]
On August 24, 2023,
the Secretary of Health adopted amendments to Regulations .01—.06 under COMAR 10.42.10
Teletherapy. This action, which was
proposed for adoption in 49:26 Md. R. 1088—1090 (December 16, 2022), has been
adopted with nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with
State Government Article, §10-113, Annotated Code of Maryland, the Attorney
General certifies that the following changes do not differ substantively from
the proposed text. The nature of the changes and the basis for this conclusion
are as follows:
Regulation .03B: These
changes provide clarity by removing language regarding the physical location of
a client when providing telehealth.
Regulation .04A: These
changes remove ambiguous and other language to be consistent with telehealth
regulations for other health occupations boards.
.03 Licensure.
Subject to the provisions of
Health Occupations Article, Title 19, Subtitle 3, Annotated Code of Maryland,
in order to practice teletherapy[[:
A. The]]
a teletherapy practitioner shall be licensed in Maryland[[;
and
B. The client shall be in
Maryland and may not include a client located in another state, territory, or
country]] when providing teletherapy services to a client located in the
State.
.04 Standards of Practice for Teletherapy.
A. Before providing teletherapy services, a teletherapy practitioner shall develop and follow a procedure to:
(1) Verify the identification of the client receiving teletherapy services [[within a reasonable degree of certainty]] through the use of:
(a)—(c) (proposed text unchanged)
(2) For an initial [[client]]
client-telehealth practitioner encounter, disclose the teletherapy
practitioner’s:
(a)—(c) (proposed text
unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the teletherapy practitioner provides a secure and private [[teletherapy connection]] communication modality and complies with federal and State privacy laws; and
(7) (proposed text unchanged)
B.—C. (proposed text
unchanged)
LAURA HERRERA-SCOTT
Secretary of Health
Subtitle 43 BOARD OF CHIROPRACTIC EXAMINERS
Authority: Health Occupations
Article, §§1-1001—1-1006 and 3-205, Annotated Code of Maryland
Notice of Final Action
[22-301-F]
On August 24, 2023, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.43.17 Telehealth. This action, which was proposed for adoption in 50:2 Md. R. 68—69 (January 27, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .03B: These changes provide clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous and other language to be consistent with telehealth regulations for other health occupations boards.
.03 Licensure.
[[A.]] Subject to the provisions of
Health Occupations Article, Title 3, Annotated Code of Maryland, a telehealth
practitioner shall be licensed in Maryland when providing telehealth services
to a patient located in the State.
[[B. Telehealth
practitioners licensed in this State are subject to the jurisdiction of the
State and shall abide by the telehealth requirements of this chapter if either
the telehealth practitioner or patient is physically located in this State.]]
.04 Standards of
Practice for Telehealth.
A. Before performing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services [[within
a reasonable degree of certainty]]
through use of:
(a)—(c) (proposed text unchanged)
(2) For an initial [[patient]] patient-telehealth
practitioner encounter, disclose the telehealth practitioner’s:
(a)—(c) (proposed text unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—C. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 46 BOARD OF OCCUPATIONAL THERAPY PRACTICE
Authority: Health Occupations
Article, §§1-1001—1-1006, Annotated Code of Maryland
Notice of Final Action
[22-296-F]
On August 24, 2023, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.46.08 Telehealth. This action, which was proposed for adoption in 49:27 Md. R. 1116—1117 (December 30, 2022), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .02B: These changes clarify the definition of telehealth practitioner to include an occupational therapist or limited occupational therapist who has a compact privilege in Maryland.
Regulation .03A: This change provides for a telehealth practitioner to be licensed in Maryland or hold a compact privilege to practice telehealth in Maryland.
Regulation .03B: This change provides clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous and other language to be consistent with the telehealth regulations for other health occupations boards, and require that a telehealth practitioner disclose their compact privilege number in an initial patient- telehealth practitioner encounter, if applicable.
.02 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(5) (proposed text unchanged)
(6) “Telehealth practitioner” means [[a]]:
(a) A Maryland licensed occupational therapist or limited
occupational therapist performing telehealth services within their respective
scope of practice[[.]]; or
(b) An
occupational therapist or limited occupational therapist with a compact
privilege in Maryland performing telehealth services within their respective
scope of practice.
.03 Licensure.
[[A.]] Subject to the provisions of
Health Occupations Article, §10-301, Annotated Code of Maryland, a telehealth
practitioner shall be licensed in Maryland or hold a compact privilege
when providing telehealth services to a patient located in the State.
[[B. Telehealth
practitioners licensed in this State are subject to the jurisdiction of the
State and shall abide by the telehealth requirements of this chapter if either
the practitioner or patient is physically located in this State.]]
.04 Standards of
Practice for Telehealth.
A. Before providing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services [[within
a reasonable degree of certainty]]
through use of:
(a)—(c) (proposed text unchanged)
(2) For an initial [[patient]] patient-telehealth
practitioner encounter, disclose the telehealth practitioner’s:
(a) (proposed text
unchanged)
(b) Maryland license number and type or compact privilege
number, if applicable; and
(c) (proposed text
unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—C. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 56 BOARD OF DIETETIC PRACTICE
Authority: Health Occupations
Article, §§1901—1903, 1-1001—1-1006, and 5-205, Annotated Code of Maryland
Notice of Final Action
[22-300-F]
On August 24, 2023, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.56.10 Telehealth. This action, which was proposed for adoption in 49:27 Md. R. 1117—1118 (December 30, 2022), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .03B: These changes provide clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous and other language to be consistent with the telehealth regulations for other health occupations boards.
.03 Licensure.
[[A.]] Subject to the provisions of
Health Occupations Article, §5-301, Annotated Code of Maryland, a telehealth
practitioner shall be licensed in Maryland when providing telehealth services
to a patient located in the State.
[[B. Telehealth
practitioners licensed in this State are subject to the jurisdiction of the
State and shall abide by the telehealth requirements of this chapter if either
the telehealth practitioner or patient is physically located in this State.]]
.04 Standards of Practice for Telehealth.
A. Before providing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the patient receiving
telehealth services [[within
a reasonable degree of certainty]]
through use of:
(a)—(c) (proposed text unchanged)
(2) For an initial [[patient]] patient-telehealth
practitioner encounter, disclose the telehealth practitioner’s:
(a)—(c) (proposed text
unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—C. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS
Notice of Final Action
[22-209-F]
On August 24, 2023, the Secretary of Health adopted:
(1) Amendments to Regulations .01—.06 under COMAR 10.58.06 Teletherapy; and
(2) Amendments to Regulation .02, new Regulation .13, and the recodification of existing Regulations .13—.18 to be Regulations .14—.19 under COMAR 10.58.16 Behavior Analyst Advisory Committee.
This action, which was proposed for adoption in 49:26 Md. R. 1090—1092 (December 16, 2022), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
COMAR 10.58.06.02B: These changes clarify the definition of telehealth practitioner to include a professional counselor who has a compact privilege in Maryland.
COMAR 10.58.06.03: This change provides for a telehealth practitioner to be licensed in Maryland or hold a compact privilege to practice telehealth in Maryland.
COMAR 10.58.06.03B: This change provides clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
COMAR 10.58.06.04A: These changes remove ambiguous and other language to be consistent with the telehealth regulations for other health occupations boards, and require that a telehealth practitioner disclose their compact privilege number in an initial patient-telehealth practitioner encounter, if applicable.
COMAR 10.58.16.13A: This change provides clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
COMAR 10.58.16.13B: These changes remove ambiguous and other language to be consistent with the telehealth regulations for other health occupations boards, and require that a telehealth practitioner disclose their compact privilege number in an initial patient-telehealth practitioner encounter, if applicable.
10.58.06 Teletherapy
Authority: Health-General Article, §15-141.2; Health Occupations Article, §§1-901—1-903 and 1-1001—1-1006; and Insurance Article; §15-139, Annotated Code of Maryland; Ch. 505, Acts of 2008
.02 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(7) (proposed text unchanged)
(8) “Teletherapy practitioner” means [[an]]:
(a) A Maryland licensed individual authorized to provide
counseling and therapy services [[in
Maryland]] pursuant to
Health Occupations Article, Title 17, Annotated Code of Maryland, who performs teletherapy
services within their respective scope of practice[[.]]; or
(b) A professional counselor with a compact privilege in
Maryland who performs telehealth services within their respective scope of
practice.
.03 Licensure and Certification.
Subject to the provisions of Health Occupations Article, Title
17, Subtitles 3 and 4, Annotated Code of Maryland, in order to practice
teletherapy[[:
A. The]] a
teletherapy practitioner shall be licensed in Maryland[[; and]] or
hold a compact privilege in Maryland when
providing teletherapy services to a client located in the State.
[[B. The client shall
be in Maryland and may not include a client located in another state,
territory, or country.]]
.04 Standards of Practice for Teletherapy.
A. Before providing teletherapy services, a teletherapy practitioner shall develop and follow a procedure to:
(1) Verify the identification of the client receiving teletherapy services [[within a reasonable degree of certainty]] through the use of:
(a)—(c) (proposed text
unchanged)
(2) For an initial [[client]] client-teletherapy
practitioner encounter, disclose the teletherapy practitioner’s:
(a) (proposed text unchanged)
(b) Maryland license or certificate number and type or
compact privilege number, if applicable; and
(c) (proposed text unchanged)
(3)—(5) (proposed text unchanged)
(6) Ensure that the teletherapy practitioner provides a secure and private [[teletherapy connection]] communication modality and complies with federal and state privacy laws; and
(7) (proposed text unchanged)
B.—C. (proposed text unchanged)
10.58.16 Behavior Analyst Advisory Committee
Authority: Health Occupations Article, §§1-606, 1-1001—1-1006, and Title 17, Subtitle 6A, Annotated Code of Maryland
.13 Telehealth.
A. Licensure. Subject to the provisions of Health Occupations
Article, Title 17, Subtitle 6A, Annotated Code of Maryland, in order to
practice telehealth[[:
(1) The]] a
telehealth practitioner shall be licensed in Maryland when providing
telehealth services to a client located in the State[[; and
(2) The client shall be in Maryland and may not include a client
located in another state, territory, or country]].
B. Standards of Practice.
(1) Before providing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(a) Verify the identification of the client[[, within a reasonable degree of
certainty]] through the use
of:
(i)—(iii) (proposed text
unchanged)
(b) For an initial [[client]] client-telehealth practitioner
encounter, disclose the telehealth practitioner’s:
(i)—(iii) (proposed text
unchanged)
(c)—(e) (proposed text
unchanged)
(f) Ensure that the
telehealth practitioner provides a secure and private [[telehealth connection]]
communication modality and complies with federal and state privacy laws;
and
(g) (proposed text unchanged)
(2)—(3) (proposed text unchanged)
C.—D. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS
Authority: Health Occupations
Article, §§1-1001—1-1006 and 6-206, Annotated Code of Maryland
Notice of Final Action
[22-299-F]
On August 24, 2023, the Secretary of Health adopted new Regulations .01—.06 under a new chapter, COMAR 10.65.10 Telehealth. This action, which was proposed for adoption in 50:2 Md. R. 69—70 (January 27, 2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: September 18, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated Code of Maryland, the Attorney General certifies that the following changes do not differ substantively from the proposed text. The nature of the changes and the basis for this conclusion are as follows:
Regulation .03B: These changes provide clarity by removing language regarding the physical location of a practitioner or patient when providing telehealth.
Regulation .04A: These changes remove ambiguous and other language to be consistent with telehealth regulations for other health occupations boards.
.03 Licensure and Registration.
[[A.]] Subject to the provisions of
Health Occupations Article, Title 6, Annotated Code of Maryland, a telehealth
practitioner shall be licensed or registered in Maryland when providing
telehealth services to a client located in the State.
[[B. Telehealth practitioners licensed or registered in
this State are subject to the jurisdiction of the State and shall abide by the
telehealth requirements of this chapter if either the practitioner or client is
physically located in this State.]]
.04 Standards of
Practice for Telehealth.
A. Before performing telehealth services, a telehealth
practitioner shall develop and follow a procedure to:
(1) Verify the identification of the client receiving telehealth
services [[within a
reasonable degree of certainty]]
through use of:
(a)—(c) (proposed text unchanged)
(2) For an initial [[client]] client-telehealth practitioner
encounter, disclose the telehealth practitioner’s:
(a)—(c) (proposed text unchanged)
(3)—(5) (proposed text
unchanged)
(6) Ensure that the telehealth practitioner provides a secure
and private [[telehealth
connection]] communication
modality that complies with federal and state privacy laws; and
(7) (proposed text
unchanged)
B.—C. (proposed text
unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 04 MARYLAND TECHNOLOGY DEVELOPMENT CORPORATION
Notice of Final Action
[23-127-F]
On August 29, 2023, the Maryland Technology Development Corporation adopted:
(1) Amendments to Regulation .01 under COMAR 14.04.01 Definitions;
(2) Amendments to Regulations .04—.06 under COMAR 14.04.02 Investment Programs;
(3) Amendments to Regulations .03 and .07 under COMAR 14.04.06 Maryland Venture Fund; and
(4) New Regulations .01—.07
under a new chapter, COMAR 14.04.09 Maryland Equity Investment Fund.
This action, which was proposed for adoption in 50:14 Md. R. 661—663 (July 14, 2023), has been adopted as proposed.
Effective Date: September 18, 2023.
MINDY LEHMAN
Chief Government Relations and Policy
Officer
Subtitle 37 OFFICE OF THE PUBLIC ACCESS OMBUDSMAN
Notice of Final Action
[23-118-F]
On August 29, 2023, the Office of the Public Access Ombudsman adopted:
(1) Amendments to Regulation .01 under COMAR 14.37.01 General Provisions;
(2) Amendments to Regulations .01 and .02, the repeal of existing Regulations .03—.06, and new Regulations .03—.11 under COMAR 14.37.02 Process;
(3) Amendments to Regulations .01 and .02 under COMAR 14.37.03 Confidentiality of Mediation Information;
(4) Amendments to Regulation .02 under COMAR 14.37.04 Disputed Public Records; and
(5) Amendments to Regulation .02
under COMAR 14.37.05 Written Guidance.
This action, which was proposed for adoption in 50:14 Md. R. 663—666 (July 14, 2023), has been adopted as proposed.
Effective Date: September 18, 2023.
LISA KERSHNER
Public Access Ombudsman
Title 21
STATE PROCUREMENT REGULATIONS
Notice of Final Action
[23-070-F]
On August 23, 2023, the Board of Public Works adopted:
(1) Amendments to Regulation .01 under COMAR 21.01.02 Terminology;
(2) Amendments to Regulations .01, .01-1, and .03 under COMAR 21.01.03 Applicability;
(3) Amendments to Regulation .04 under COMAR 21.02.01 Board of Public Works;
(4) Amendments to Regulation .01 under COMAR 21.03.05 Electronic Transactions;
(5) Amendments to Regulation .01 under COMAR 21.05.01 General Provisions;
(6) Amendments to Regulation .01 under COMAR 21.05.02 Procurement by Competitive Sealed Bidding;
(7) Amendments to Regulation .02 under COMAR 21.05.03 Procurement by Competitive Sealed Proposals;
(8) Amendments to Regulation .01 under COMAR 21.05.06 Emergency and Expedited Procurements;
(9) Amendments to Regulation .06 under COMAR 21.05.07 Small Procurement Regulations ($50,000 or Less);
(10) Amendments to Regulation .05 under COMAR 21.05.08 Mandatory Written Solicitation Requirements;
(11) Amendments to Regulation .08 under COMAR 21.05.09 Intergovernmental Cooperative Purchasing;
(12) Amendments to Regulations .01, .03, and .05 under COMAR 21.05.13 Master Contracting;
(13) New Regulations .01—.06 under a new chapter, COMAR 21.05.14 Auction Bids;
(14) New Regulations .01—.05 under a new chapter, COMAR 21.05.15 Pay-for-Success Contracting;
(15) Amendments to Regulation .01 under COMAR 21.06.09 Invoicing, Payment, and Interest on Late Payments;
(16) New Regulation .31 under COMAR 21.07.01 Mandatory Contract Provisions — All Contracts (except as provided under COMAR 21.05.07, 21.07.02, and 21.07.03);
(17) Amendments to Regulation .05-2 under COMAR 21.07.02 Mandatory Construction Contract Clauses;
(18) New Regulation .27 under COMAR 21.07.03 Mandatory Terms and Conditions for Purchase Orders Over $50,000;
(19) Amendments to Regulation .03 under COMAR 21.08.03 Debarment;
(20) Amendments to Regulations .01, .02, and .06 under COMAR 21.10.08 Prompt Payment of Subcontractors;
(21) Amendments to Regulations .02 and .06 under COMAR 21.11.01 Small Business Procurements;
(22) Amendments to Regulations .03, .09, and .17 under COMAR 21.11.03 Minority Business Enterprise Policies;
(23) Amendments to Regulations .01—.07 under COMAR 21.11.05 Procurement from Maryland Correctional Enterprises, Blind Industries and Services of Maryland, and the Employment Works Program;
(24) Amendments to Regulation .04 under COMAR 21.11.14 Veteran-Owned Small Business Enterprises; and
(25) Amendments to Regulations .08 and .14 and new Regulation .18 under COMAR 21.13.01 Reporting Requirements.
This action, which was proposed for adoption in 50:12 Md. R. 480—491 (June 16, 2023), has been adopted as proposed.
Effective Date: September 18, 2023.
JOHN GONTRUM
Executive Secretary
Title 26
DEPARTMENT OF THE ENVIRONMENT
26.11.34 Low Emissions Vehicle Program
Authority: Environment Article, §§1-404, 2-102, 2-103, 2-301, 2-1102, and 2-1103, Annotated Code of Maryland
Notice of Final Action
[23-049-F-I]
On August 22, 2023, the Secretary of the Environment adopted amendments to Regulation .02 under COMAR 26.11.34 Low Emissions Vehicle Program. This action, which was proposed for adoption in 50:10 Md. R. 417—422 (May 19, 2023), has been adopted as proposed.
Effective Date: September 18, 2023.
SERENA McILWAIN
Secretary of the Environment
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 37 HEALTH SERVICES COST REVIEW COMMISSION
10.37.10 Rate Application and Approval Procedures
Authority: Health-General Article, §§19-207, 19-214.1, and 19-214.2, Annotated Code of Maryland
Notice of Proposed Action
[22-154-W]
Pursuant to State Government Article, §10-116(b), Annotated Code
of Maryland, notice is given that the proposal to amend Regulation .26 under COMAR 10.37.10 Rate Application and Approval Procedures, which was
published in 49:18 Md. R. 822—829 (August 26, 2022), has been withdrawn by
operation of law.
GAIL S. KLAKRING
Administrator
Division of State Documents
Title 13A
MARYLAND STATE BOARD OF EDUCATION
Notice of Withdrawal
[22-254-W]
The State Board of Education withdraws the proposal to:
(1) Amend Regulation .02 under COMAR 13A.15.01 Scope and Definitions;
(2) Amend Regulations .03 under COMAR 13A.15.04 Operational Requirements;
(3) Adopt new Regulations .01—.10
under a new chapter, COMAR 13A.15.13 Educational Programs in
Nonpublic Nursery Schools;
(4) Recodify existing Regulations .01—.08 and amend and recodify existing Regulation .09 under COMAR 13A.15.13 Inspections,
Complaints, and Enforcement to be Regulations .01—.08 and .09 under COMAR 13A.15.14 Inspections, Complaints,
and Enforcement;
(5) Recodify existing Regulations .01—.08 under COMAR 13A.15.14 Administrative Hearings to be Regulations .01—.08 under COMAR 13A.15.15 Administrative Hearings; and
(6) Recodify existing Regulations .01—.04 under COMAR 13A.15.15 Public Access to Licensing Records to be Regulations .01—.04 under COMAR 13A.15.16 Public Access to Licensing Records.
This action was considered by the State Board of Education, as published in 49:24 Md. R. 1032—1036 (November 18, 2022).
MOHAMMED CHOUDHURY
State Superintendent of Schools
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Notice of Proposed Action
[23-085-P]
The Secretary of Natural Resources proposes to:
(1) Repeal existing Regulations .01—.08, adopt new Regulations .01—.04, and amend and recodify existing Regulations .09, .10, and .12 to be Regulations .06, .05, and .07, respectively, under COMAR 08.02.02 Soft-Shell Clams;
(2) Amend Regulation .03 and repeal existing Regulation .16 under COMAR 08.02.04 Oysters;
(3) Amend Regulations .01 and .02, adopt new Regulations .03 and .04, and amend and recodify existing Regulation .03 to be Regulation .05 under COMAR 08.02.07 Hard-Shell Clams; and
(4) Amend Regulations .02
and .07 and adopt new Regulations .09, .11, and .12 under COMAR 08.02.08 Shellfish—General.
Statement of Purpose
The purpose of this action is to make changes for the oyster and clam (soft-shell and hard-shell) regulations that will ensure compliance with the National Shellfish Sanitation Program’s Model Ordinance and ensure a safe product for consumers. Natural Resources Article, §4-1027, Annotated Code of Maryland, authorizes the Department, in consultation with the Maryland Department of Health, to adopt regulations to carry out the requirements of the National Shellfish Sanitation Program. Under federal law, the State is required to comply with the National Shellfish Sanitation Program for shellfish harvest and sale in order to participate in interstate commerce of shellfish. The proposed action removes rules from regulation that are already required by statute and reorganizes several chapters and regulations for clarity and accuracy. The summary below describes the substantive changes included in the proposed action.
Clams (Soft-Shell and Hard-Shell) — Recreational. There are no changes to the recreational fisheries, but the proposed action consolidates the rules in order to make them easier to understand.
All Wild Caught Shellfish — Recreational, Commercial, and Dealers. The proposed action makes it clear that you may not buy or offer to buy shellfish that were caught for recreational purposes.
All Wild Caught Shellfish — Commercial. The proposed action clearly states that commercially harvested shellfish provided or used for human consumption must be harvested in accordance with the National Shellfish Sanitation Program Model Ordinance and may not be exposed to contamination from any source. Commercially harvested shellfish must be delivered to a certified dealer by a certain time on the same day of harvest (9 p.m. from October through April; 4 p.m. from May through September). Oysters and soft-shell clams of the species Mya arenaria must be sold at a buy station. The proposed action also clarifies that the refrigeration requirements for soft-shell clams only apply to the species Mya arenaria, not to razor clams.
Hydraulic Clam Dredges — Commercial. The proposed action places all rules for hydraulic clam dredges into the same regulation instead of being spread out. The proposed action corrects the minimum distance from shoreline that a person may use a hydraulic clam dredge near Sandy Point State Park in Anne Arundel County. The distance in the current regulation (150 feet from January 1 through March 31) contradicts the distance in the statute (800 feet from January 1 through March 31); therefore, the proposed action corrects the distance in the regulation. The proposed action also clarifies that the rules for the gear apply to the harvest of both soft-shell and hard-shell clams, since both are harvested with hydraulic dredges.
Tolerance for Mya Arenaria — Commercial. Currently, the regulation allows a harvester to possess five percent of their harvest of soft-shell clams of the species Mya arenaria to be undersized. Assigning a number will make it clear for harvesters and enforcement. The proposed action states that commercial licensees may not possess more than 40 soft-shell clams of the species Mya arenaria per container that measure less than 2 inches along the longest dimension of the shell.
Container Requirements for Clams (Soft-Shell and Hard-Shell) — Commercial. All clams must be stored in a container prior to leaving the growing area. Mya arenaria must be stored in the rectangular shaped container currently described in regulation. The proposed action removes the bushel basket. Razor clams (genus Tagelus) and hard-shell clams must be stored in a container of any size or dimension.
Tag Requirements for Clams— Commercial. The proposed action requires a tag for all hard-shell clams and soft-shell clams of the species Mya arenaria. An individual may obtain tags from the Department for a moderate fee or they can use their own tags if they are a certified dealer by the Maryland Department of Health and the tag has the appropriate information. An individual may only have one type of tag, either wild shellfish or farm-raised shellfish, with them while harvesting.
Razor Clams — Commercial. The proposed action prohibits the commercial harvest of razor clams (Genus tagelus) for human consumption. Razor clams may only be harvested commercially for use as bait. Since they may only be used as bait, razor clams (Genus tagelus) are exempt from the safe handling requirements necessary for human consumption.
Hard-Shell Clams — Commercial. The proposed action removes a reference to allow the harvest of hard-shell clams in the Chester River ORA Zone A. Hard-shell clams have a minimum salinity of about 15 parts per thousand, which is much higher than the average salinity in the Chester River. Hard-shell clams generally do not occur north of Tangier Sound and providing rules for their harvest so far north of that creates a false impression that they may exist there.
Surf Clams. The proposed action requires individuals to follow federal rules. Surf clams are harvested from federal waters and landed in Maryland, therefore the rules should be consistent with federal waters. Instead of making a regulation change each time the federal rule changes, the new regulation references the federal code. Having clear consistent rules will make it easier for harvesters and enforcement. Additionally the proposed action removes an antiquated reference to an annual review and determination process that was instituted prior to the advent of the modern Administrative Procedures Act. Any changes in the future will go through the current regulatory process.
All Wild Caught Shellfish — Reporting. The proposed action places the requirements for forms related to the purchase and sale of oysters and clams into one regulation located in the Shellfish—General chapter. The requirements for the shellfish buy ticket and shellfish tax report are the same for soft-shell clams of the species Mya arenaria, oysters, and hard-shell clams; therefore, putting them into one location, rather than within a regulation for each species, keeps rules consistent and helps harvesters know the rules.
All Wild Caught Shellfish — Dealers. The proposed action states that dealers must accept oysters, soft-shell clams of the species Mya arenaria, or hard clams only from a licensed harvester, on the same day of harvest, and if tagged as required by regulation. All dealers must maintain and submit any records the Department may require and the proposed action requires dealers to follow the National Shellfish Sanitation Program Model Ordinance.
The proposed changes are consistent with the National Shellfish Sanitation Program Model Ordinance, help to ensure a safe product for consumers, and provide better clarity and organization in Department regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. If the Department does not maintain compliance with the National Shellfish Sanitation Program Model Ordinance, oyster and clam harvesters will not be allowed to ship their catch out of the State. This would result in an indeterminable loss for harvesters. It would result in a loss to the Department of $336,000 due to lost export taxes (average number of bushels exported multiplied by the $1 export tax). This number is true for future years due to the General Assembly having raised the bushel tax from $0.30 to $1 during the 2023 Session. Previous years averaged $112,250 in export taxes, based on an average of 336,000 bushels being exported. By taking this action, harvesters will be able to maintain their out-of-State market and the Department will continue to collect an average of $336,000 in export taxes. The net result is that by taking this action, there will be no economic impact; if this action is not taken, those negative impacts would potentially occur. For clam harvesters, there may be an indeterminable cost due to the requirement to tag clams of the species Mya arenaria.
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: |
|
|
|
Clam harvesters |
(-) |
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. There may be an indeterminable cost to clam harvesters due to the requirement to tag clams of the species Mya arenaria. How much of a cost this may be is indeterminable because it is not known how many tags harvesters will need, and the cost of waterproof paper and indelible ink pens may vary.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
By maintaining compliance with the National Shellfish Sanitation Program Model Ordinance, oyster and clam harvesters will be able to maintain their out-of-State markets. If this action is not taken, harvesters may experience indeterminable negative economic outcomes. Any oysters or clams that would have been exported may still be sold in-State, but at a market rate that was lower than the expected export market. Because it is not possible to know the difference between the theoretical export market vs. the theoretical import market at this time (especially if the market becomes flooded with product that would otherwise be exported and/or a higher export market price due to lack of availability), it is not possible to assign an exact value.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to NSSP Regulations, Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating Services, 580 Taylor Avenue, E4, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov. Comments will be accepted through October 10, 2023. A public hearing has not been scheduled.
08.02.02 Soft-Shell Clams
Authority: Natural Resources Article, §§4-215, 4-1001, 4-1004, 4-1007,
4-1027, 4-1033, 4-1036, 4-1037, and 4-1039, Annotated Code of Maryland
.01 Scope.
This chapter applies only to
soft-shell clams that are defined in Natural Resources Article, §4-1001,
Annotated Code of Maryland, as mollusks of the species Mya arenaria and of the
genus Tagelus.
.02 Recreational Fishery.
A. An individual may not catch more than one standard U.S.
bushel of soft-shell clams per day.
B. An individual may not catch or possess soft-shell clams of the
species Mya arenaria that are less than 2 inches in length, measured along the
longest part of the shell.
C. An individual may not offer to sell or sell soft-shell clams that were caught for recreational purposes.
.03 Commercial Fishery.
A. An individual may not
catch soft-shell clams for commercial purposes on Sunday.
B. Size Limit. An individual licensed to catch soft-shell clams for commercial purposes may not possess more than 40 soft-shell clams of the species Mya arenaria per container that measure less than 2 inches along the longest dimension of the shell.
C. Catch Limit. The daily commercial catch limit of soft-shell clams of the species Mya arenaria is:
(1) 15 containers from May 15
through October 31; and
(2) 8 containers from November
1 through May 14.
D. Times for Harvesting,
Landing, and Delivering.
(1) From May 1 through
September 30, an individual harvesting soft-shell clams for commercial
purposes:
(a) May harvest soft-shell
clams only between ½ hour before sunrise and 1 p.m.;
(b) Shall land soft-shell
clams not later than 3 p.m. on the same day of harvest; and
(c) Shall deliver soft-shell
clams of the species Mya arenaria:
(i) To a person who is
licensed and certified to sell shellfish by the Maryland Department of Health
in accordance with COMAR 10.15.04 and 10.15.07; and
(ii) Not later than 4 p.m. on
the same day of harvest.
(2) From October 1 through
April 30, an individual harvesting soft-shell clams for commercial purposes:
(a) May harvest soft-shell
clams only between sunrise and sunset;
(b) Shall land soft-shell
clams not later than 1 hour after sunset on the same day of harvest; and
(c) Shall deliver soft-shell
clams of the species Mya arenaria:
(i) To a person who is
licensed and certified to sell shellfish by the Maryland Department of Health
in accordance with COMAR 10.15.04 and 10.15.07; and
(ii) Not later than 9 p.m. on
the same day of harvest.
(3) An individual shall notify the Natural Resources Police when
there is an emergency which would prevent compliance with the times specified
in this section.
E. Soft-shell clams of the species Mya arenaria may only be sold in accordance with COMAR 08.02.08.02.
F. A person may not expose soft-shell clams harvested for human consumption to contamination from any source.
G. In addition to the
requirements of this chapter, a tidal fish licensee who harvests soft-shell
clams that will be provided for human consumption shall harvest soft-shell clams in accordance with
the National Shellfish Sanitation Program Model Ordinance that is incorporated
by reference by the Maryland Department of Health in COMAR 10.15.07.01A.
H. An individual licensed to
harvest soft-shell clams for commercial purposes may not provide or sell
soft-shell clams of the genus Tagelus for human consumption.
.04 Container and
Tagging Requirements.
A. Definition.
(1) In this regulation, the following term has the meaning
indicated.
(2) Term Defined. “Growing area” means the location, defined by the
specific NOAA code for the area in which the harvest occurred.
B. Containers.
(1) Soft-shell clams of the
species Mya arenaria harvested for commercial purposes shall:
(a) Be stored prior to
leaving the growing area from which they were harvested in a rectangular shaped
container with dimensions that do not exceed 20 inches long by 12-½ inches wide
by 11-¼ inches deep (inside measurements), which may be filled to a level even
with the top of the basket from side to side and end to end; and
(b) Remain in the original container until a tag is no longer required on
the container in accordance with §C(3)(d) of this regulation.
(2) Soft-shell clams of the
genus Tagelus harvested for commercial purposes shall be stored prior to
leaving the growing area from which they were harvested in a container of any
size or dimension.
C. Tagging — Mya Arenaria.
(1) An individual shall
complete and affix a Department-issued tag to each container of soft-shell
clams of the species Mya arenaria prior to leaving the growing area from which
they were harvested.
(2) An individual may use a
tag not supplied by the Department if:
(a) The individual:
(i) Is licensed and certified
to sell shellfish by the Maryland Department of Health in accordance with COMAR
10.15.04 and 10.15.07; and
(ii) Follows the tagging
requirements of the National Shellfish Sanitation Program Model Ordinance,
incorporated by reference by the Maryland Department of Health in COMAR
10.15.07.01; and
(b) Each tag the individual
uses contains the statement “Wild Shellfish”, the state in which the harvest
occurred, and, in the order specified, the following information:
(i) The harvester’s license
number as assigned by the Department;
(ii) The date of harvest,
including the year;
(iii) The name of the river, region,
or the National Oceanic and Atmospheric Administration code for the area in
which the harvest occurred;
(iv) The type and quantity of
shellfish; and
(v) The statement “THIS TAG
IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND
THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.
(3) Tags:
(a) Shall be durable and
waterproof;
(b) Shall be at least 5-½ x
2-¾ inches in size;
(c) Shall be completed
legibly in indelible ink;
(d) Shall stay affixed to the
container until the container is in the possession of a person who is licensed
and certified to sell shellfish by the Maryland Department of Health in
accordance with COMAR 10.15.04 and 10.15.07; and
(e) May not be reused.
(4) In addition to the
tagging requirements of this regulation, a person who is licensed and certified
to sell shellfish by the Maryland Department of Health in accordance with COMAR
10.15.04 and 10.15.07 shall follow the tagging requirements of the National
Shellfish Sanitation Program Model Ordinance, incorporated by reference by the
Maryland Department of Health in COMAR 10.15.07.01.
(5) An individual shall only
possess one type of tag, wild shellfish or farm-raised shellfish, while
harvesting soft-shell clams.
(6) An individual may not use
a:
(a) Farm-raised shellfish tag to tag wild shellfish; or
(b) Wild shellfish tag to tag farm-raised shellfish.
(7) If a tidal fish licensee
obtains tags from the Department, the licensee shall be assessed an annual
surcharge for the costs incurred by the Department for the tags.
D. Exemptions.
(1) Soft-shell clams
harvested recreationally for the person’s own use and consumption are exempt
from the requirements of §B of this regulation.
(2) Soft-shell clams
harvested from a lease and stored and tagged in accordance with COMAR
08.02.23.04 are exempt from the requirements of §§B and C of this regulation.
[.10] .05 Refrigeration
of Soft-Shell Clams (Mya Arenaria) — Methods and Procedures.
A. General Requirements from April 15—October 31.
(1) [An operator of a hydraulic clam dredge] From April 15 through October 31, an individual who harvests soft-shell clams of the species Mya arenaria shall immediately place the harvested soft-shell clams into either [a] an operating mechanical refrigeration unit or an insulated [cooled] storage unit cooled with ice or ice packs.
(2)—(3) (text unchanged)
(4) A portion of a daily catch of soft-shell clams may be confiscated by authorized officers of the Department of Natural Resources or the Maryland Department of Health, if the internal temperature of samples taken at a checking station is greater than 60°F in more than one container or basket as defined in Regulation .04 of this chapter.
(5) (text unchanged)
(6) Soft-shell clams of the species Mya arenaria transported by a vehicle shall be placed in an insulated storage unit, cooled mechanically or with ice or ice packs, and maintained at 60°F or lower while in transport.
B. Approved Methods for Refrigeration of Soft-Shell Clams (Mya Arenaria).
(1)—(4) (text unchanged)
(5) Ice, when used to refrigerate clams, shall be:
(a) Made or obtained from a potable source in compliance with [COMAR 10.15.03.07] with the requirements of the National Shellfish Sanitation Program Model Ordinance, incorporated by reference by the Maryland Department of Health in COMAR 10.15.07.01A;
(b)—(c) (text unchanged)
C. A person may not expose
soft-shell clams of the species Mya arenaria to deterioration from excessive
heat from the sun or the motors of the vessel.
[.09] .06 Harvesting
Razor Clams (Genus Tagelus) from
Restricted Areas.
[A. In this regulation, “harvest” means to take, kill, trap, gather, catch, or in any manner reduce fish to personal possession or to attempt to engage in this conduct.
B. The harvest of razor clams may occur in any area lawfully open for the harvest of soft-shell clams as of May 1, 1986.]
[C.] A. — [D.] B. (text unchanged)
[E.] C. Any razor clams harvested under [§C] §A of this regulation:
(1)—(2) (text unchanged)
(3) May not be transported or stored with soft-shell clams, hard-shell clams, [and] or oysters that will be used or sold for human consumption.
[F.] D. (text unchanged)
[.12]
.07 [Restricted Areas] General.
[A. From May 1 through September 30, an individual may not catch or attempt to catch soft-shell clams by hydraulic dredge within 300 feet of a private bathing beach which extends not more than 300 feet along the shore and is marked with a sign which shall:
(1) Be posted and maintained by the owner of the private bathing beach;
(2) Be a minimum of 2 feet high by 3 feet wide with legible black letters measuring a minimum of 4 inches high and 2 inches wide;
(3) State “Private Bathing Beach—No Clam Dredging Within 300 Feet”;
(4) Be made of durable material;
(5) Conform to local ordinances and codes; and
(6) Be maintained during the conduct of all activities to which the sign pertains.]
A. Subject to the provisions of §§B and C of this regulation, an
individual may catch soft-shell clams only from waters approved for shellfish
harvest by the Maryland Department of the Environment.
B.—C. (text unchanged)
08.02.04 Oysters
Authority: Natural Resources Article, §4-1008.1, 4-1009, 4-1009.1,
4-1012,
4-1013, 4-1015, 4-1015.1, 4-1018, 4-1019, 4-1019.2, 4-1027, 4-1103, 4-1106, 4-11A-04, 4-11A-05, and 4-11A-12, Annotated Code of Maryland
.03 Catching Oysters for Commercial Purposes.
A.—B. (text unchanged)
C. Times for Catching and Delivering.
(1)—(2) (text unchanged)
(3) An individual who
harvests oysters for commercial purposes shall deliver oysters:
(a) To a person who is licensed and certified to sell shellfish
by the Maryland Department of Health in accordance with COMAR 10.15.04 and
10.15.07; and
(b) Not later than 9 p.m. on the same day of harvest.
D. (text unchanged)
E. [The Department of] An individual shall notify the Natural Resources Police [shall be notified by the licensee] when [the licensee’s vessel has] there is an emergency which would prevent [it from landing during] compliance with the times specified in §§C and D of this regulation.
F.—G. (text unchanged)
08.02.07 Hard-Shell Clams
Authority: Natural Resources Article, §§4-215, 4-1021, [and] 4-1023, and
4-1027, Annotated Code of Maryland
.01 Recreational [Hard-Shell Clam Daily Catch Limit in Worcester County] Fishery.
A. Catch Limit.
(1) Except as described in §A(2) of this regulation, an
individual may not catch more than one standard U.S. bushel of hard-shell clams
per day.
(2) [A person] An individual may not catch more than 250 hard-shell clams (M. mercenaria) per day for personal consumption and use from the waters of Worcester County.
B. An individual may not offer to sell or sell hard-shell clams
that were caught for recreational purposes.
C. An individual shall only use hand-operated gear to catch
hard-shell clams.
.02 Use of Hard-Shell Clam Dredges in Tangier Sound and Pocomoke Sound.
A. (text unchanged)
B. Areas Where Hard-Shell Clams May Be Taken by Dredge. Subject to [the provisions of] Regulation [.03C] .05 of this chapter and except as provided in §C of this regulation, [a licensed person] an individual licensed to catch hard-shell clams may catch hard-shell clams with a dredge only in the [following] waters of:
[(1) Tangier Sound. In the waters of Tangier Sound bounded on the south by the Maryland-Virginia line, and bounded on the north as follows: beginning at tenth point at the mouth of Big Annemessex River and following the dredging line to Porpoise Point, thence along shore to Hazard Point, thence in a northwesterly direction following the dredging line to South Point on Little Deal Island, thence in a southwesterly direction in a straight line to Mussel Hole Point, thence in a straight line through Solomons Lump Light to the shore on the northerly tip of Smith Island.
(2) Pocomoke Sound. In the waters of Pocomoke Sound which are
southwesterly of a straight line drawn from Maryland-Virginia boundary marker
“D” to the most easterly point at the mouth of Gunby Creek, with the exception
of the waters of Apes Hole Creek which are westerly of a line drawn from Long
Point to the southernmost point at the mouth of Cedar Gut.]
(1) Tangier Sound that are bounded on the:
(a) South by the
Maryland-Virginia line; and
(b) North by a line beginning
at a point at Tenth Point at the mouth of Big Annemessex River defined by Lat.
38°02.303' N, Long. 75°51.610' W; then running 334° True to a point at Porpoise
Point defined by Lat. 38°03.648' N, Long. 75°52.422' W; then running along
shore to a point at Hazard Point defined by Lat. 38°04.571' N, Long. 75°
52.694' W; then running 307° True to a point at South Point on Little Deal
Island defined by Lat. 38°06.710' N, Long. 75°56.460' W; then running 238° True
to a point at Mussel Hole Point defined by Lat. 38°04.670' N, Long. 76°00.400'
W; then running 194° True to a point on the shore on the northerly tip of Smith
Island defined by Lat. 38°02.367' N, Long. 76°01.050' W; and
(2) Pocomoke Sound that are southwesterly of a straight line drawn from
Maryland-Virginia boundary marker "D" defined by Lat. 37°56.473' N,
Long. 75° 45.705' W; then running 342° True to a point at the most easterly
point of the sound at the mouth of Gunby Creek defined by Lat. 37°58.410' N,
Long. 75°46.498' W, except as provided in §C of this regulation.
[C. Report of Catch. Any
person licensed to catch hard-shell clams with a hydraulic clam dredge shall
maintain and submit to the Department any records of catches from the waters of
Tangier Sound and Pocomoke Sound the Department may require.]
C. Exception. Hard-shell
clams may not be taken with a dredge in the waters of Apes Hole Creek westerly
of a line drawn from a point at Cedar Gut defined by Lat. 37°57.448' N, Long.
75°48.752' W; then running 215° True to a point at Long Point defined by Lat.
37°56.854' N, Long. 75° 49.283 W.
.03 Commercial Fishery.
A. An individual may not
catch hard-shell clams for commercial purposes on Sunday.
B. An individual may not
possess more than 10 percent of hard-shell clams per container with a
transverse dimension of less than 1 inch.
C. Times for Harvesting,
Landing, and Delivering.
(1) From May 1 through
September 30, an individual harvesting hard-shell clams for commercial
purposes:
(a) Shall land hard-shell
clams not later than 3 p.m. on the same day of harvest; and
(b) Shall deliver hard-shell
clams:
(i) To a person who is
licensed and certified to sell shellfish by the Maryland Department of Health
in accordance with COMAR 10.15.04 and 10.15.07; and
(ii) Not later than 4 p.m. on
the same day of harvest.
(2) From October 1 through
April 30, an individual harvesting hard-shell clams for commercial purposes:
(a) Shall land hard-shell
clams not later than 1 hour after sunset on the same day of harvest; and
(b) Shall deliver hard-shell
clams:
(i) To a person who is licensed
and certified to sell shellfish by the Maryland Department of Health in
accordance with COMAR 10.15.04 and 10.15.07; and
(ii) Not later than 9 p.m. on
the same day of harvest.
(3) An individual shall notify the Natural Resources Police when
there is an emergency which would prevent compliance with the times specified
in this section.
D. In addition to the
requirements of this chapter, a commercial licensee who harvests hard-shell
clams shall harvest hard-shell clams
in accordance with the National Shellfish Sanitation Program Model Ordinance
that is incorporated by reference by the Maryland Department of Health in COMAR
10.15.07.01A.
.04 Container and
Tagging Requirements.
A. Definition.
(1) In this regulation, the following term has the meaning
indicated.
(2) Term Defined. “Growing area” means the location, defined by
the specific NOAA code for the area in which the harvest occurred.
B. Containers. Hard-shell
clams harvested for commercial purposes shall:
(1) Be stored prior to
leaving the growing area from which they were harvested in a container of any
size or dimension; and
(2) Remain in the original container until a tag is no longer required on the container in accordance with §C(3)(d) of this regulation.
C. Tagging.
(1) An individual shall
complete and affix a Department-issued tag to each container of hard-shell
clams prior to leaving the growing area from which they were harvested.
(2) An individual may use a
tag not supplied by the Department if:
(a) The individual:
(i) Is licensed and certified
to sell shellfish by the Maryland Department of Health in accordance with COMAR
10.15.04 and 10.15.07; and
(ii) Follows the tagging
requirements of the National Shellfish Sanitation Program Model Ordinance,
incorporated by reference by the Maryland Department of Health in COMAR
10.15.07.01; and
(b) Each tag the individual
uses contains the statement “Wild Shellfish”, the state in which the harvest
occurred, and, in the order specified, the following information:
(i) The harvester’s license number
as assigned by the Department;
(ii) The date of harvest,
including the year;
(iii) The name of the river,
region, or the National Oceanic and Atmospheric Administration code for the
area in which the harvest occurred;
(iv) The type and quantity of
shellfish; and
(v) The statement “THIS TAG
IS REQUIRED TO BE ATTACHED UNTIL CONTAINER IS EMPTY OR IS RETAGGED AND
THEREAFTER KEPT ON FILE FOR 90 DAYS” in bold capitalized type.
(3) Tags:
(a) Shall be durable and
waterproof;
(b) Shall be at least 5-½ x
2-¾ inches in size;
(c) Shall be completed
legibly in indelible ink;
(d) Shall stay affixed to the
container until the container is in the possession of a person who is licensed
and certified to sell shellfish by the Maryland Department of Health in accordance
with COMAR 10.15.04 and 10.15.07; and
(e) May not be reused.
(4) In addition to the
tagging requirements of this regulation, a person who is licensed and certified
to sell shellfish by the Maryland Department of Health in accordance with COMAR
10.15.04 and 10.15.07 shall follow the tagging requirements of the National
Shellfish Sanitation Program Model Ordinance, incorporated by reference by the
Maryland Department of Health in COMAR 10.15.07.01.
(5) An individual shall only possess
one type of tag, wild shellfish or farm-raised shellfish, while harvesting
hard-shell clams.
(6) An individual may not use
a:
(a) Farm-raised shellfish tag to tag wild shellfish; or
(b) Wild shellfish tag to tag farm-raised shellfish.
(7) If a tidal fish licensee
obtains tags from the Department, the licensee shall be assessed an annual
surcharge for the costs incurred by the Department for the tags.
D. Exemptions.
(1) Hard-shell clams
harvested recreationally for the person’s own use and consumption are exempt
from the requirements of §B of this regulation.
(2) Hard-shell clams
harvested from a lease and stored and tagged in accordance with COMAR
08.02.23.04 are exempt from the requirements of §§B and C of this regulation.
[.03] .05 General.
A. Size Limit.
[(1)] Except as provided in [§A(2) of this regulation] Regulation .03B of this chapter, a person may not possess hard-shell clams harvested from State waters with a transverse dimension of less than 1 inch.
[(2) A person may possess not more than 10 percent of the catch per bag which measures less than the minimum size specified in §A(1) of this regulation.]
B. (text unchanged)
C. Prohibited Areas and Exception.
[(1) Except as provided in §C(2) of this regulation, an] An individual may not harvest hard-shell clams within 150 feet of a:
[(a)] (1)—[(d)] (4) (text unchanged)
[(2) An individual may harvest hard-shell clams from the Chester ORA Zone A sanctuary.]
D. Subject to §C of this regulation, an individual may catch hard-shell clams only from waters approved for shellfish harvest by the Maryland Department of the Environment.
08.02.08 Shellfish — General
Natural Resources Article, §§4-206, 4-215, 4-2A-03, 4-701, 4-743,
4-901,
4-904, 4-1004, 4-1007, 4-1027, 4-1033, 4-1043,
and 4-1106, Annotated Code of Maryland
.02 Buying Station.
A. Definitions.
(1) (text unchanged)
(2) Term Defined. “Buying station” means a location where a person buys, processes, packs, or otherwise deals in oysters, soft-shell clams, or hard-shell clams for resale [where] and the person purchasing oysters, soft-shell clams, or hard-shell clams for resale:
(a)—(b) (text unchanged)
B. A person may only sell oysters, soft-shell clams of the species Mya arenaria, or hard-shell clams at a:
(1)—(2) (text unchanged)
.07 Surf Clams.
A. [Closed Area for
Harvesting Surf Clams and Exceptions.]
Maryland Waters.
[(1)] A person may not catch, attempt to catch, or possess any surf clams harvested from Maryland waters which extend from the Maryland shore to 3 miles offshore[, except as permitted here].
[(2) Exceptions. A person may harvest surf clams from Maryland waters in cooperation with a scientific investigation of the Department of Natural Resources and cooperating persons having a valid scientific collecting permit.]
B. [Minimum Size for] Offshore [Surf Clams and Exceptions] Waters.
(1) A person may not possess or land surf clams[,]
harvested from offshore waters, which extend from 3—200 miles offshore, [which measure less than 5-½ inches at the longest dimension of the
surf clam except as provided in §B(2).] in violation of the:
(a) Catch limit established
in 50 CFR 648; or
(b) Size specifications
established in 50 CFR 648.
[(2) Exceptions.
(a) Ten percent of all full cages in possession, to the nearest whole cage, or at least one cage, can be withheld by the operator from inspection by the authorized officer; and
(b) As many as 240 surf clams in any full cage inspected by the authorized officer may be less than 5-½ inches in length.]
(2) A person may not catch,
possess, or land surf clams when the National Oceanic and Atmospheric
Administration closes the fishery in accordance with 50 CFR 648.
[C. Effective Period of These Sections. On the basis of study findings and interpretations, the Secretary of Natural Resources shall annually determine whether the provisions of §A shall remain in force. At the same time, if those provisions are to remain in force, he shall determine what, if any, changes are necessary.]
.09 Seafood Dealers.
A. A person licensed to buy, process, pack, resell, market, or
otherwise deal in soft-shell clams, hard-shell clams, or oysters in accordance
with Natural Resources Article, §4-701, Annotated Code of Maryland, shall:
(2) Accept soft-shell clams, hard-shell clams, or oysters only:
(a) From a licensed harvester;
(b) On the same day of harvest; and
(c) If tagged as required in accordance with COMAR 08.02.02.04, 08.02.04.04, or 08.02.07.04.
(3) Follow the requirements of the National Shellfish Sanitation
Program Model Ordinance that is incorporated by reference in COMAR
10.15.07.01A; and
(4) Implement Vibrio parahaemolyticus control measures in
accordance with COMAR 10.15.07.06.
B. A person who is licensed and certified to sell shellfish by
the Maryland Department of Health in accordance with COMAR 10.15.04 and
10.15.07 shall:
(1) Follow the requirements of the National Shellfish Sanitation
Program Model Ordinance that is incorporated by reference in COMAR
10.15.07.01A; and
(2) Implement Vibrio parahaemolyticus control measures in accordance with COMAR 10.15.07.06.
C. Any person possessing a license to deal in soft-shell clams
shall maintain and submit to the Department any records the Department may
require.
.11 Hydraulic Clam Dredge.
A. General Restrictions.
(1) An individual may not
operate a hydraulic clam dredge unless they possess a valid tidal fish license
to catch clams.
(2) The owner of a hydraulic
clam dredge may not permit the operation of the dredge by more than one
individual on any one day, including the owner.
B. Measurement of Rig.
(1) A hydraulic clam dredging
rig may not have more than one conveyor or elevator, blade, and water manifold.
(2) The water manifold may
not be more than 36 inches in width measuring from the outside jets.
(3) The outside jets on the
water manifold shall be set parallel to, or inclined inward toward, the median
vertical longitudinal plane of the dredge.
C. Muffler Required. A
hydraulic clam dredge vessel shall have mufflers properly installed on all
motors and engines in accordance with COMAR 08.18.03.08.
D. An individual may not
harvest clams by hydraulic dredge in the Chesapeake Bay offshore of Sandy Point
State Park in Anne Arundel County within:
(1) 800 feet of the shoreline January 1 through March 31;
(2) 1,500 feet of the shoreline April 1 through September 30;
and
(3) 800 feet of the shoreline October 1 through December 31.
E. Private Bathing Beach.
(1) From May 1 through September 30, an individual may not catch
or attempt to catch clams by hydraulic dredge within 300 feet of a private
bathing beach.
(2) The private bathing beach shall be marked with a sign which shall:
(a) Be posted and maintained by the owner of the private bathing
beach;
(b) Be a minimum of 2 feet high by 3 feet wide with legible
black letters measuring a minimum of 4 inches high and 2 inches wide;
(c) State “Private Bathing Beach—No Clam Dredging Within 300
Feet”;
(d) Be made of durable material; and
(e) Conform to local ordinances and codes.
.12 Reporting.
A. Shellfish Buy Ticket.
(1) A shellfish buy ticket
shall be:
(a) Provided by the Department;
(b) Completed in accordance with this regulation; and
(c) Returned to the Department in accordance with this regulation.
(2) When soft-shell clams of
the species Mya arenaria, hard-shell clams, or oysters are sold to a buying
station:
(a) The seller shall provide
the information necessary for the buyer to complete a shellfish buy ticket;
(b) The buyer shall complete
a shellfish buy ticket for every soft-shell clam of the species Mya arenaria,
hard-shell clam, or oyster purchase; and
(c) Both the seller and the buyer shall sign the shellfish buy ticket.
(3) When soft-shell clams of
the species Mya arenaria, hard-shell clams, or oysters are sold at a location other
than a buying station, the seller shall complete and sign a shellfish buy
ticket.
(4) An individual who
harvests oysters from a public oyster bar, soft-shell clams of the species Mya
arenaria, or hard-shell clams and places them on a lease shall complete and
sign a shellfish buy ticket.
(5) The shellfish buy ticket
shall be returned to the Department in accordance with §D of this regulation.
(6) A shellfish buy ticket is
not required for the sale or purchase of shellfish harvested from a leased
area.
B. Shellfish Tax Report.
(1) A shellfish tax report
shall be:
(a) Provided by the Department;
(b) Completed in accordance with this regulation; and
(c) Returned to the Department in accordance with this regulation.
(2) When soft-shell clams of
the species Mya arenaria, hard-shell clams, or oysters are sold at a:
(a) Buying station, the buyer shall complete a Shellfish Tax
Report; or
(b) Location other than a buying station, the seller shall
complete a Shellfish Tax Report.
(3) The shellfish tax report
shall be returned to the Department in accordance with §D of this regulation.
C. Shellfish Export
Certificate.
(1) When soft-shell clams of
the species Mya arenaria, hard-shell clams, or oysters are shipped out of
State, the seller shall complete a shellfish export certificate for each
shipment.
(2) The original shellfish
export certificate shall accompany the shipment of oysters out of State.
(3) A copy of the shellfish
export certificate shall be submitted to the Department in accordance with §D
of this regulation.
D. Requirements for Return of
Documents.
(1) Except as provided in
§D(3) of this regulation, a person shall return the completed shellfish buy
ticket, shellfish tax report, and shellfish export certificate to the
Department each week for all soft-shell
clams of the species Mya arenaria, hard-shell clams, or oysters purchased or
sold during the week ending on the previous Saturday, even if no taxes
are due.
(2) All forms, reports, and
certificates shall be accompanied by any money due to the State for the
respective period of time.
(3) Exceptions.
(a) A person who has
indicated on a form provided by the Department that they will not be buying or
selling oysters, soft-shell clams of the species Mya arenaria, or hard-shell
clams for a particular period of time is exempt from submitting the records
required by §§A—C of this regulation for the time period specified on the form.
(b) Individuals whose sales
or purchases would require payment of taxes of less than $25 weekly may submit
the required documents monthly.
JOSH KURTZ
Secretary of Natural
Resources
08.07.08 Licensed Forest Products Operator
Authority: Natural Resources Article, §5-608.1, Annotated Code of Maryland
Notice of Proposed Action
[23-186-P]
The Secretary of Natural Resources proposes to adopt new
Regulation .08 under COMAR 08.07.08 Licensed Forest Products
Operator.
Statement of Purpose
The purpose of this action is to assist Maryland manufacturers and distributors of firewood in meeting the regulatory requirements imposed by other states. The proposed regulations would establish a Voluntary Firewood Heat Treatment Certification Program administered by the Department of Natural Resources to certify forest products operators who export firewood to other states are properly applying heat treatments in accordance with specific standards acceptable to those other states.
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 Daniel Rider, Program Manager, Forest Stewardship and Utilization, Department of Natural Resources, Forest Service, 580 Taylor Avenue, Annapolis, MD 21401, or call 410-440-0647, or email to daniel.rider@maryland.gov. Comments will be accepted through October 10, 2023. A public hearing has not been scheduled.
.08 Voluntary Firewood Heat Treatment
Certification.
A. Definitions.
(1) In this regulation,
the following terms have the meanings indicated.
(2) Terms Defined.
(a) “Certificate” or
“certification” means a written confirmation or document from the Department
which affirms that firewood heat-treatment meets the requirements of this
regulation at the time of inspection.
(b) “Certified forest
product operator” means a licensed forest product operator who has obtained a
certificate as defined in this section.
(c) “Compliance
agreement” means a written agreement between a licensed forest product operator
and the Department in which the licensed forest product operator agrees to
comply with the provisions of this regulation.
(d) “Department” means
the Department of Natural Resources.
(e) “Firewood” means cut
wood products intended for burning.
(f) “Heat-treated
firewood” means firewood produced by a certified forest product operator that
has been heated to a minimum temperature of 71.1° C (160°
F) at the core of a piece of firewood in the center of a load of firewood
in a kiln for at least 75 minutes.
B. Requirements for Heat-Treated
Firewood.
(1) The following
requirements apply to a certification for heat-treated firewood:
(a) All firewood labeled
and sold as heat-treated firewood shall be heated to a temperature of 71.1° C
(160° F) at the core of a piece of firewood in the center of a load of firewood
in a kiln for at least 75 minutes;
(b) All firewood labeled
and sold as heat-treated firewood shall be stored in such a manner to avoid
infection or infestation by pests or plant disease pathogens, and at least 4
inches above ground;
(c) All kiln controls,
thermocouples, or other temperature instrumentation shall provide accurate
outputs and readings;
(d) Kiln methods and
operations shall maintain for a minimum of 75 minutes a temperature of 71.1° C (160°
F) at the core of a piece of firewood in the center of a load of firewood in a
kiln;
(e) A record-keeping
system shall document:
(i) For each treatment
cycle, the date, time the required temperature is achieved, and duration for
which the required temperature was maintained; and
(ii) For
each shipment of heat-treated firewood, the name and address of the receiving
person or entity, the destination, and the date of shipment;
(f) Records required by §B(1)(e) shall be maintained for at
least 2 years; and
(g) All firewood sold as
heat-treated firewood shall be labeled with:
(i) The name and address
of the certified forest product operator;
(ii) The certificate
number and date of expiration of the certificate; and
(iii) The following
statement: “State of Maryland Department of Natural Resources Certified
Heat-Treated Firewood Operator. This firewood was heat-treated for at least 75
minutes to a temperature of at least 71.1° C (160° F).”
(2) Facilities,
equipment, and records for firewood heat-treatment shall be inspected by the
Department prior to issuance of a certificate, renewal of a certificate, and at
any other time the Department considers necessary.
C. Certification
Application. To attain certification, an applicant shall:
(1) Complete an
application form provided by the Department;
(2) Remit a fee of $30;
and
(3) Enter into a
compliance agreement with the Department.
D. Certification Term and
Renewal.
(1) A
certificate shall remain valid for 1 year from the date issued by the
Department.
(2) A certificate renewal
application form shall be submitted, with a fee of $30, to the Department no
later than 60 days prior to expiration of the certificate.
E. Suspension and
Revocation.
(1) The Department may
permanently revoke or temporarily suspend the certification of any licensed
forest products operator who:
(a) Is guilty of fraud or
deceit in obtaining the certification;
(b) Violates any
provision of Natural Resources Article, §5-608, Annotated Code of Maryland, or
this chapter; or
(c) Violates any
provision of the compliance agreement.
(2) The Department shall
provide a certified forest products operator with notice of its intent to
suspend or revoke a certification and the right to a contested case hearing in
accordance with COMAR 08.01.04.
JOSH KURTZ
Secretary of Natural
Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
Authority: Financial Institutions Article, §§2-105.1 and 11-503, Annotated Code of Maryland
Notice of Proposed Action
[23-179-P]
The Commissioner of Financial Regulation proposes to adopt new
Regulation .28 under COMAR 09.03.6 Mortgage Lending.
Statement of Purpose
The purpose of this action is to modernize Maryland’s Mortgage Lending regulatory system and allow the Office of Financial Regulation (OFR) to improve mortgage supervision. This action will align Maryland with processes for multistate supervision and enhances OFR's mortgage lending regulations by adding: (1) definitions for certain undefined terms used in mortgage lending exam regulation; (2) procedures for considering the mortgage lending examinations from other supervisory authorities; (3) procedures for adopting the mortgage lending examinations from other supervisory authorities; and (4) procedures for treatment of the mortgage lending examinations from other supervisory authorities.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact of the proposed action is expected to be low.
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: |
|
|
|
Mortgage lenders |
(+) |
Minimal |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
Consumers |
(+) |
Impactful |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. Industry will benefit from reduced regulatory burden by avoiding duplicative processes.
F. Increasing OFR’s mortgage lending examinations from other supervisory authorities could increase the Office's ability to see market changes before or as they happen and provide more nimble oversight. This will increase efficiency by leveraging work of colleagues in other states. It will ensure OFR can better allocate examiners’ time for entities that have not recently been examined or are known to be high risk. This will improve OFR's ability to engage in risk-based examination and enhance the Office’s overall risk assessment of mortgage licensees. This would provide OFR with a greater ability to see market trends and prevent consumer harm before it happens.
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 Amy Hennen, Director of Legislative Response, Office of Financial Regulation, 1100 Eutaw St., Ste. 611, Baltimore, MD 21201, or call 410-230-6094, or email to amy.hennen@maryland.gov. Comments will be accepted through October 10, 2023. A public hearing has not been scheduled.
.28 Examination of Licensees.
A. Definitions.
(1) In this regulation, the
following terms have the meanings indicated.
(2) Terms Defined.
(a) “Examination” means the
Commissioner’s examination of a licensee pursuant to
Financial Institutions Article, §11-515(a), Annotated Code of Maryland.
(b) “Report of examination” means a
report issued by the Commissioner or a responsible supervisory agency following
the examination of a mortgage lender.
(c) “Responsible supervisory agency” means the supervisory agency of any
state primarily responsible for the supervision and examination of mortgage
lenders operating in its state.
B. Examinations.
(1) When exercising the Commissioner’s authority to examine a licensee,
the Commissioner may consider the report of examination for that licensee
issued by a responsible supervisory agency, and accept the information
contained therein, if:
(a) The responsible supervisory
agency issued its report of examination on a date which satisfies the
Commissioner’s examination schedule for that licensee under Financial
Institutions Article, §11-515(a)(2), Annotated Code of Maryland;
(b) The Commissioner reasonably determines the responsible supervisory
agency possesses supervision and examination authority over mortgage lenders
operating in that agency's state substantially similar to the supervision and
examination authority the Commissioner has over a licensee operating in
Maryland;
(c) The Commissioner reasonably determines the responsible supervisory
agency has standards for the purposes of examining
mortgage lenders that are reasonably equivalent to the requirements of Financial Institutions Article, §11-501 et seq., Annotated
Code of Maryland; and
(d) The Commissioner reviews the report of examination prepared by the
responsible supervisory agency and determines the report of examination is in
form and scope substantially similar to a report of examination the
Commissioner would issue following its examination of the licensee.
(2) The Commissioner’s consideration of the report of examination of a
responsible supervisory agency pursuant to §B(1) of this regulation does not
limit the Commissioner’s ability to:
(a) Examine an aspect of the
licensee’s business not addressed in that report of examination;
(b) Further examine an aspect of the licensee’s business addressed in
that report of examination;
(c) Request documents or other information from the licensee or
otherwise require the licensee to make its books and records available to the
Commissioner;
(d) Interview or examine officers, directors, employees, or agents of
the licensee;
(e) Take other actions consistent with the examination of a licensee; or
(f) Require the licensee to pay to the Commissioner examination related
fees as set forth in Financial Institutions Article, §11-515(c), Annotated Code
of Maryland.
C. Commissioner's Report of
Examination.
(1) The Commissioner may adopt, in
whole or in part, the report of examination of a responsible supervisory agency
the Commissioner considered under §B of this regulation as the Commissioner’s
report of examination.
(2) The Commissioner may supplement a report of examination of a
responsible supervisory agency adopted as the Commissioner’s report of
examination under §C(1) of this regulation with information the Commissioner
considers relevant.
D. Treatment of Report of
Examination.
(1) The Commissioner shall
treat the report of examination of a responsible supervisory agency the
Commissioner considers under §B of this regulation in its examination of a
licensee as information obtained in the course of examining that licensee, as
set forth in Financial Institutions Article, §2-117 Annotated Code of Maryland.
(2) A report of examination
of a responsible supervisory agency adopted by the Commissioner pursuant to §C
of this regulation, together with any information added to that report of
examination by the Commissioner, is the Commissioner’s report of examination
and property of the Commissioner.
(3) Any report of examination
of a responsible supervisory agency considered or adopted by the Commissioner
pursuant to §B or C of this regulation shall remain subject to the terms and
conditions of the agreement under which the responsible supervisory agency
shared such report of examination with the Commissioner.
ANTONIO P.
SALAZAR
Commissioner of Financial Regulation
Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION
Authority: Business Regulation Article, §2-105; Financial Institutions Article, §§2-105.1, 12-401, and 12-403[,]; Annotated Code of Maryland
Notice of Proposed Action
[22-315-R]
The Commissioner of Financial Regulation proposes to recodify
existing Regulation .01 to be
Regulation .02 and adopt new
Regulations .01 and .03—.18 under COMAR 09.03.14 Money Transmitters. Because substantive changes have been made to the original
proposal as published in 50:4 Md. R. 125—135 (February 24, 2023), this action
is being reproposed at this time.
Statement of Purpose
The purpose of this action is to continue the process of modernizing Maryland’s Money Transmission regulatory system that started with the Legislature’s adoption of Ch. 100 (S.B. 219), Acts of 2021, which updated Maryland’s Money Transmission law (Financial Institutions Article, §21-401 et seq., Annotated Code of Maryland) by aligning Maryland’s Money Transmission law with the nationwide standards embodied in the Money Transmitter Model Law issued by the Conference of State Bank Supervisors in 2021, which have been adopted, in full or partial form, by 22 states and are under consideration by others.
This action enhances the Office of Financial Regulation’s (OFR’s) money transmission regulations by adding:
(1) Definitions for certain undefined terms used in money transmission and in Maryland’s Money Transmission law;
(2) A listing of activities that do not constitute money transmission for the purpose of obtaining a money transmitter’s license;
(3) A statement ensuring harmonization of Maryland Money Transmission law with applicable federal law, if any;
(4) A description of the minimum information about an applicant required to be provided in an application for a money transmitter license;
(5) A description of the information required to be provided about an applicant’s control persons and key personnel in an application for a money transmitter license;
(6) Procedures for a money transmitter’s use of a trade name;
(7) Procedures for the processing of money transmitter licensing applications through a multistate licensing process;
(8) A requirement for an applicant to establish, document, and maintain specified corporate governance structures based on their operational complexity and risk profile, including descriptions of internal and external audit and risk management requirements;
(9) Provisions for the suspension or revocation of a money transmitter’s license;
(10) Procedures and standards applicable to an acquisition of or change in control in a money transmitter or of a money transmitter’s key individual or control person;
(11) A requirement to comply with applicable Bank Secrecy Act requirements and to file related reports;
(12) Provisions governing the conduct of business through authorized delegates;
(13) A requirement for the timely transmission of money received for transmission;
(14) Provisions governing the circumstances requiring the refunding of money received for transmission;
(15) Rules governing the provision of receipts to money senders;
(16) Disclosures required of payroll processing services; and
(17) Prudential and financial responsibility standards to be met by money transmitters, including bonding requirements and a description of permissible investments.
Estimate of Economic Impact
I. Summary of Economic Impact. The economic impact of the proposed action is expected to be low.
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: |
|
|
|
Money transmitters |
(-) |
Minimal |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
|
|
|
Consumers |
(+) |
Impactful |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D. The proposed action imposes no additional fees or charges. The proposed action may, in some cases, increase record-keeping and compliance costs for regulated entities. Entities may incur costs associated with the review of an entity’s corporate governance structure to ensure compliance with proposed Regulation .08 and any modification of that structure that may be necessary. Though many regulated entities obtain external audits, some do not, and such entities may incur additional costs associated with obtaining external audits in instances in which the Commissioner determines an audit to be necessary and the entity does not currently obtain external audits. There may be costs associated with the review and/or development, if necessary, of policies required to manage the use of authorized delegates under proposed Regulation .13. There may be increased costs associated with processing refunds and the provision of receipts in accordance with the rule. Entities subject to the payroll processing rules may incur additional costs if their clients do not provide the listed information. The Commissioner cannot provide exact estimates of these costs; however, in most instances, it is expected that the aggregate impact on any licensee is unlikely to be significant. It is assumed that the corporate governance requirements specified in proposed Regulation .08 are currently being met by most of the affected businesses, that there will be few if any instances in which the Commissioner requires an external audit of an entity which does not already obtain such audits, and that affected businesses currently have policies in place that satisfy the requirements of proposed Regulation .13. These assumptions are based on information obtained during the Commissioner’s routine examination of licensed money transmitters.
F. In certain circumstances it is expected that the public will directly benefit from receiving receipts for their transactions and from receiving refunds within 10 days. It is expected that the closer coordination among state regulators fostered by this proposed action will result in more compliant, resilient, and better functioning money transmitting entities, thereby indirectly benefiting the public with a safer and sounder money transmission system.
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 Amy Hennen, Director of Legislative Response and Special Projects, Office of Financial Regulation, 1100 Eutaw St., Ste. 611, Baltimore, MD 21201, or call 410-230-6094, or email to amy.hennen@maryland.gov. Comments will be accepted through October 10, 2023. A public hearing has not been scheduled.
|
Ed. Note: Pursuant to State Government Article, §10-113, Annotated
Code of Maryland, if a promulgating agency substantively alters the text of
regulations that have been previously proposed in the Maryland Register, the
altered text must be published in the Maryland Register as though it were
initially proposed. The text of regulations appearing immediately below has
been altered substantively from the initially proposed text. |
|
Symbols: Roman
type indicates existing text of regulations. Italic type indicates
initially proposed new text. Arial Bold
Italic type
indicates new text that substantively alters the text as initially proposed. [Single brackets] indicate existing text proposed for repeal. [[[Triple brackets]]] indicate text proposed for
deletion which substantively alters the originally proposed text. |
.01—.02. (originally proposed text unchanged)
.03 [[[Activities]]] Persons Not [[[Constituting]]] Engaging
in Money Transmission [[[for the Purpose of Licensure]]].
A. In accordance with
the Maryland Money Transmission Act, the following [[[activity by a person
does not constitute]]]
persons
are not engaging in money
transmission [[[for the
purposes of necessitating a license to conduct that activity]]] when engaging in the activities
described:
(1) An operator of a
payment system [[[to the
extent that it provides]]] when providing processing,
clearing, or settlement services, between or among persons exempted under the
Maryland Money Transmission Act or licensees, in connection with wire
transfers, credit card transactions, debit card transactions, stored-value
transactions, automated clearing house transfers, or similar funds transfers.
(2) A person appointed
as an agent of a payee [[[to collect]]] when collecting and [[[process]]] processing a payment
from a payor to the payee for goods or services, other than money transmission
itself, provided to the payor by the payee, if:
(a)—(g) (originally proposed text unchanged)
(3) (originally proposed text unchanged)
(4) A person expressly
appointed as a third-party service provider to or agent of an entity exempt
under the Maryland Money Transmission Act[[[, other than an authorized delegate,]]] solely to the extent that:
(a) That service provider
or agent is [[[engaging in
money transmission]]] acting on behalf of
and pursuant to a written agreement with the exempt entity sets forth the
specific functions that the service provider or agent is to perform; and
(b) (originally proposed text unchanged)
B. The Commissioner may
require that any person claiming to be either exempt from licensing pursuant to
the Maryland Money Transmission Act or [[[not
engaged]]] engaging in [[[activity]]] one
or more activities not constituting money transmission [[[necessitating a license]]] pursuant to §A of this regulation
provide information and documentation to the Commissioner demonstrating that it
qualifies for any claimed exemption or is not engaged in activities [[[necessitating a license]]] constituting money transmission.
.04—.12. (originally
proposed text unchanged)
.13 Authorized
Delegates.
A.—G. (originally proposed text unchanged)
H. A person may engage
in the business of money transmission as an authorized delegate only on behalf
of a person licensed [[[or exempt from licensure]]]
under the Maryland Money Transmission Act.
I. A person that
engages in the business of money transmission on behalf of an unlicensed [[[and nonexempt]]]
person shall be considered to be providing money transmission services in
violation of the Maryland Money Transmission Act and shall be jointly and
severally liable with the unlicensed or nonexempt person.
.14—.17 (originally proposed text unchanged)
.18 Prudential Standards.
A.—B. (originally proposed
text unchanged)
C. Maintenance of Permissible Investments.
(1)—(3) (originally proposed text unchanged)
(4) Any trust established under §C(3) of this regulation shall be terminated upon
extinguishment of all of the licensee’s outstanding money transmission
obligations.
(5) (originally proposed
text unchanged)
D.—E. (originally proposed text unchanged)
ANTONIO P.
SALAZAR
Commissioner of Financial Regulation
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.24 Medical Assistance Eligibility
Authority: Estates and Trusts Article, §14.5-1002; Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407; Annotated Code of Maryland
Notice of Proposed Action
[23-180-P]
The Secretary of Health proposes to amend Regulation .03 under COMAR 10.09.24 Medical Assistance Eligibility.
Statement of Purpose
The purpose of this action is to update the Former Foster Care Children definition in accordance with the SUPPORT for Patients and Communities Act of 2018.
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 October 10, 2023. A public hearing has not been scheduled.
.03 Coverage Groups.
A. The following individuals, including recipients of Temporary Cash Assistance, may be determined eligible for the MAGI coverage groups:
(1)—(4) (text unchanged)
(5) Former Foster Care individuals who:
[(a) Are younger than 26 years old;
(b) Are not eligible and enrolled for coverage under a mandatory Medicaid group other than childless adult; and
(c) Were in a Maryland out-of-home placement, including categorical Medicaid:
(i) On attaining age 18 and leaving out-of-home placement; or
(ii) On attaining age 19—21 during extended out-of-home placement under COMAR 07.02.11.04B.]
(a) For individuals who turned 18 years old before January 1,
2023:
(i) Are younger than 26 years old;
(ii) Are not eligible and enrolled for coverage under a
mandatory Medical Assistance group other than childless adult; and
(iii) Were formerly in a Maryland out-of-home placement,
including categorical Medical Assistance, during the foster care period in
which they either turned 18 years old or attained a higher age during extended
out-of-home placement as described under COMAR 07.02.11.04B; and
(b) For individuals who turned 18 years old on or after January
1, 2023:
(i) Are younger than 26 years old;
(ii) Are not enrolled for coverage under an eligibility group
described in §1902(a)(10)(A)(i)(I)—(VII) of the Act; and
(iii) Were formerly in an out-of-home placement in any state, including
categorical Medical Assistance, during the foster care period in which they
either turned 18 years old or attained a higher age during extended
out-of-home placement as described under COMAR 07.02.11.04B.
B.—F. (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.36 General Medical Assistance Provider Participation Criteria
Authority: Health General Article, §§2-104(b), 15-103, and 15-105, Annotated Code of Maryland
Notice of Proposed Action
[23-188-P]
The Secretary of Health proposes to amend Regulation .03-2 under COMAR 10.09.36 General Medical Assistance Provider Participation
Criteria.
Statement of Purpose
The purpose of this action is to allow live-in caregivers to elect an exemption from the electronic visit verification (EVV) requirement.
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 an impact on individuals with disabilities as follows:
This chapter of regulations governs Medicaid providers who render services to 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 October 10, 2023. A public hearing has not been scheduled.
.03-2 Conditions for Participation — Data Management Systems and Electronic Visit Verification.
A. (text unchanged)
B. Definitions.
(1) (text unchanged)
(2) Terms Defined.
(a)—(b) (text unchanged)
(c) Electronic visit verification (EVV) services means services that are:
(i) (text unchanged)
(ii) Required to be electronically recorded in the Department’s EVV
system or approved financial management and counseling services contractors’
EVV solutions pursuant to 42 U.S.C. §1396b(l) and other State and federal
laws, regulations, or guidance except in circumstances when the services,
provided under the agency, traditional, or self-directed delivery model, are
provided by a live-in caregiver or worker and exempted by the Department, or
otherwise exempted by the Department and the participant elects to forego the
electronic process.
(d) “Financial management and counseling services (FMCS)
contractors” means agencies that provide financial management and counseling
services to support individuals who choose the self-direction delivery model.
(e) “Live-in caregiver" means a paid personal caregiver who
permanently, or for an extended period of time approved by the Department,
resides in the same residence as the Medicaid participant for whom they are
providing services and supports.
[(d)] (f) (text unchanged)
[(e)] (g)
“Worker” means[:] an individual, who may be referred to as a
caregiver, who is employed by or contracts with a provider or self-directing
participant.
[(i) An
individual who is employed by or
contracts with a provider; and
(ii) For
self-directed services, an individual who is paid by the program to provide
direct care services to a participant.]
C. Requirements for Using Data Management Systems. Providers shall:
(1) (text unchanged)
(2) Properly train all workers registered as system users on proper protocols for conduction system activities, including:
(a)—(b) (text unchanged)
(c) EVV, including but not limited to recording and modifying billing entries, participant and provider information, or other records, in [concordance] accordance with the policies and procedures issued by the Department, unless otherwise exempted by the Department; and
(d) (text unchanged)
(3)—(4) (text unchanged)
D. Requirements for EVV Use.
(1) Agency providers and workers shall use the EVV method and data management system approved by the Department, unless otherwise exempted by the Department, to:
(a)—(b) (text unchanged)
(2) The Department shall reimburse for EVV services if the service is:
(a) (text unchanged)
(b) Recorded using a manual or alternate electronic timekeeping
process and data management system approved by the Department in accordance
with Department regulations, policies, and procedures when the live-in
caregiver exemption is applicable and elected;
[(b)] (c)—[(d)] (e) (text unchanged)
(3) The Program does not cover [EVV] services, even those exempted from EVV, provided:
(a)—(c) (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS
10.40.02 Licensing and Continuing Education Requirements
Authority: Health Occupations Article, §§16-205(a), 16-301,
16-302(h),
16-302.1, 16-303(a), 16-307, 16-308, and 16-311(28), Annotated Code of Maryland
Notice of Proposed Action
[23-185-P]
The Secretary of Health proposes to amend Regulation .03 under COMAR 10.40.02 Licensing and Continuing Education Requirements. This
action was considered by the Board of Podiatric Medical Examiners at a public
meeting held on June 8, 2023, notice of which was given by publication on the
Board’s website at https://health.maryland.gov/mbpme/Pages/index.aspx pursuant
to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to provide an option of completing continuing education hours for license renewal online, in addition to in person.
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 October 10, 2023. A public hearing has not been scheduled.
.03 Initial Licensing and License Renewal.
A.—C. (text unchanged)
D. Of the 50 credit hours required under §B(2) of this regulation:
(1) 25 credit hours:
(a) Shall be completed in person or online;
(b)—(c) (text unchanged)
(2) [No more than] The additional required 25 credit hours [shall] may be completed [online or via]:
(a) In person;
(b) Online; or
(c) Via other sources;
(3)—(4) (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 52 PREVENTIVE MEDICINE
10.52.08 Maryland AIDS Drug Assistance
Program Fund
Authority: Health-General
Article, §24–1801, Annotated Code of Maryland
Notice of Proposed Action
[23-182-P]
The Secretary of Health proposes to repeal existing Regulations .01—.16 under existing COMAR 10.52.08 Maryland HIV Prevention
Case Management Program and adopt new Regulations .01—.05 under new COMAR
10.52.08 Maryland AIDS Drug Assistance Program Fund.
Statement of Purpose
The purpose of this action is to define the Maryland AIDS Drug Assistance Program (MADAP) Fund and its purpose; set forth the responsibilities of the Maryland Department of Health with respect to the MADAP Fund; and establish eligibility criteria for receipt of HIV prevention and care services from the Fund. The new regulations will fulfill the regulation requirements of Ch. 22 (S.B. 186), Acts of 2022, and align with the Program’s current practices and funding.
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 October 10, 2023. A public hearing has not been scheduled.
.01 Purpose and Scope.
This chapter:
A. Defines the Maryland AIDS Drug Assistance Program Fund;
B. Sets forth the responsibilities of the Maryland Department of
Health with respect to the Maryland AIDS Drug Assistance Program Fund; and
C. Establishes eligibility criteria for receipt of HIV prevention
and care services from the Fund.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Acquired immunodeficiency syndrome (AIDS)” means the medical
condition caused by the human immunodeficiency virus.
(2) “Department” means the Maryland Department of Health.
(3) "Fund" means the Maryland AIDS Assistance Program
Fund.
(4) “Human immunodeficiency virus (HIV)” means the virus that
causes AIDS.
(5) “Ryan White HIV/AIDS Program (RWHAP)” means the federal
HIV/AIDS initiative administered by the U.S. Department of Health and Human
Services (HHS), Health Resources and Services Administration (HRSA), HIV/AIDS
Bureau (HAB).
.03 Maryland AIDS Drug
Assistance Program Fund.
A. The Maryland AIDS Drug Assistance Program Fund is a
nonlapsing, special fund created by Health-General Article, §24-1801, Annotated
Code of Maryland, for HIV treatment and care, which is generated from:
(1) The 340B Drug Pricing Program and any supplemental rebate
dollars; and
(2) Interest earned on the balance of the Fund.
B. The Department may only expend funds in accordance with Title
26 of the Public Health Service Act governing the allowable uses of RWHAP funds
or to meet State-identified HIV priorities.
C. The Department may make grant awards under the Fund.
D. Any unspent portions of the Fund shall remain in the Fund and
may not revert to the General Fund of the State.
E. Money expended from the Fund is additive to, and is not intended
to take the place of, funding that would otherwise be appropriated to the
Department for HIV:
(1) Surveillance;
(2) Prevention;
(3) Treatment; or
(4) Care.
.04 Responsibilities of
the Department.
The Department:
A. Shall administer the Fund; and
B. May spend the Fund on statutorily permitted purposes under
the RWHAP or State-identified HIV priorities.
.05 Eligibility
Criteria.
A. The Fund shall be the reasonable payor of last resort for
receipt of HIV prevention and care services; and
B. Eligible individuals shall have exhausted all other potential
payors, including but not limited to:
(1) Third-party insurance;
(2) Medicaid; and
(3) Medicare.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 60 BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS
Authority: Health Occupations Article, §§21-101—21-502, Annotated Code of Maryland
Notice of Proposed Action
[23-181-P]
The Secretary of Health proposes to amend Regulations .03 and .05 under COMAR 10.60.01
General Regulations. This action was considered by the Board of
Environmental Health Specialists at a public meeting held on June 7, 2023,
notice of which was given by publication on the Board’s website at
https://health.maryland.gov/behs/Pages/default.aspx- Board of Environmental
Health Specialists Home (maryland.gov) pursuant to General Provisions Article,
§3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to amend the educational and experience requirements for license applicants pursuant to Chs. 318 and 319, Acts of 2023.
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 October 10, 2023. A public hearing has not been scheduled.
.03 Licensing and Examination.
A. (text unchanged)
B. An applicant is eligible to take the examination if the applicant has satisfied one of the following combinations of education and experience:
(1) Combination 1:
(a) Graduated from an accredited educational institution with a baccalaureate degree [in the chemical, physical, biological or environmental sciences including] that includes:
(i) A minimum of [60] 30 semester [credits] credit hours or the equivalent quarter [credits] credit hours of chemical, physical, biological, and environmental sciences acceptable to the Board[, which includes at least one laboratory course in two of the following fields: chemistry, physics, biology, geographic information systems, and soil science; and];
(ii) (text unchanged)
(iii) Laboratory coursework as required in §C of this
regulation; and
(b) Obtained 12 months of experience in an environmental health
specialist-in-training program approved by the Board; or
(2) Combination 2:
[(a) Graduated from an accredited educational institution with a baccalaureate degree that includes:
(i) 30 semester credits or the equivalent in quarter credits in the chemical, physical, biological, and environmental sciences acceptable to the Board, which includes at least one laboratory course in two of the following fields: chemistry, physics, biology, geographic information systems, and soil science; and
(ii) A course in mathematics; and
(b) Obtained 24 months of experience in an environmental health specialist-in-training program approved by the Board; or
(3) Combination 3:]
(a) Graduated from an accredited educational institution with a master’s degree in public or environmental health science that includes:
(i) A minimum of 30 semester [credits] credit hours or 45 quarter [credits] credit hours of chemical, physical, biological, or environmental sciences acceptable to the Board[, which includes at least one laboratory course in two of the following fields: biology, chemistry, physics, geographic information systems, and soil science; and];
(ii) (text unchanged)
(iii) Laboratory coursework as required in §C of this
regulation; and
(b) (text unchanged)
C. Laboratory Coursework.
(1) Except as
provided in §C(2) of this regulation, laboratory coursework shall be in the
following fields:
(a) Chemistry;
(b) Physics;
(c) Biology;
(d) Geographic
information systems;
(e) Soil science;
and
(f) Geological
science.
(2) The Board may
accept a health or environmental field not listed in §C(1) of this regulation
if the Board determines that the field is sufficiently related to the practice
of an environmental health specialist.
(3) An applicant
shall have completed at least:
(a) One laboratory
course in two of the fields listed in §C(1) of this regulation;
(b) Four laboratory
courses in one of the fields listed in §C(1) of this regulation; or
(c) Two laboratory
courses in one or more of the fields accepted by the Board in accordance with
§C(2) of this regulation.
.05 Environmental Health Specialist-in-Training Program.
A.—D. (text unchanged)
E. Experience Requirements.
(1)—(3) (text unchanged)
[(4) The Board may reduce the 24 month length of approved training time for an environmental health specialist-in-training certificate holder provided that:
(a) The environmental-health-specialist-in-training certificate holder has completed a minimum of 12 months of training approved by the Board;
(b) The environmental health specialist-in-training certificate holder has satisfied requirements outlined in §B of this regulation; and
(c) The Board receives written requests from the environmental health specialist-in-training certificate holder and the environmental health sponsor that the certificate holder:
(i) Has satisfied the requirements of §B(1) or (2) of this regulation; and
(ii) Is requesting a reduction to the minimum 24 month length of approved training to take the examination.]
[(5)] (4)—[(6)] (5) (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS
Notice of Proposed Action
[23-184-P]
The Secretary of Health proposes to:
(1) Amend Regulations .04—.15 and repeal Regulation .16 under COMAR 10.65.01 General Regulations;
(2) Amend Regulations .01 and .02, repeal existing Regulation .03, and recodify existing Regulation .04 to be Regulation .03 under COMAR 10.65.07 Fees; and
(3) Adopt new Regulations .01—.10 under a new chapter, COMAR 10.65.11 Curriculum Approval.
This action was considered by the Board of Massage Therapy
Examiners at a public meeting held on April 26, 2023, notice of which was given
by publication on the Board’s website at https://health.maryland.gov/massage/Pages/home.aspx
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 clarify certain definitions;
(2) Update application requirements;
(3) Establish the date after which initial registrations will be issued to practice as a registered massage practitioner pursuant to Chs. 329 and 330, Acts of 2023;
(4) Establish the date after which the option of being a registered massage practitioner will no longer be available pursuant to Chs. 705 and 706, Acts of 2022;
(5) Add language on conversion from a registrant to a licensee;
(6) Make clarifying changes to training requirements for licensees and registrants;
(7) Update the requirements for inactive status for licensees and registrants;
(8) Amend outdated fees; and
(9) Create a new chapter to standardize curriculum requirements.
Estimate of Economic Impact
I. Summary of Economic Impact. The reasoning for the fee changes (or non-change) is summarized below:
(1) Conversion fee: One-time fee to cover administrative costs associated with conversion application forms creation, processing of approximately 1,100—1,250 applications, license stock, license printing, postage and envelopes for mailing, overtime to ensure timely issuance of licenses; license database reconfiguration and report creation by IT staff.
(2) Reinstatement fee (decrease): Current regulations require a licensee/registrant to pay $650 (Late Renewal Fee-$200, Renewal Fee $250, and Reinstatement $200) to reinstate an expired license/registration within 5 years of the expiration date. The proposed regulation reduces the fees assessed to $475, resulting in a $175 savings to the licensee/registrant. The Board feels charging both a late renewal fee and reinstatement fee may be onerous on the massage professional.
(3) Verification fee (increase): To cover increased costs of processing verifications; postage, paper, envelopes, gold seals, and staff salaries.
(4) Cont. Ed. course processing fee (increase): To cover increased administrative costs of processing, reviewing, and approving continuing education applications. (5) Paper copy of laws and regulations (increase): To cover increased administrative costs of processing requests; printing all chapters of statue and regulations, binders, paper, large envelopes, and postage.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
(1) Conversion fee |
(R+) |
$110,000 |
|
(2) Reinstatement fee |
(R-) |
Indeterminable |
|
(3) Verification fee |
(R+) |
$1,155 |
|
(4) Paper copy fee |
(R+) |
$60 |
|
(5) Cont. Ed. Course processing fee |
(R+) |
$30 |
|
B. On other State agencies: |
|
|
|
Maryland Health Care Commission |
(R+) |
$28,600 |
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
(1) Conversion fee |
(-) |
$110,000 |
|
(2) Reinstatement fee |
(+) |
Indeterminable |
|
(3) Verification fee |
(-) |
$1,155 |
|
(4) Paper copy fee |
(-) |
$60 |
|
(5) Cont. Ed. Course processing fee |
(-) |
$30 |
|
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(1). 1,100 active registered massage practitioners (RMPs) x $100 conversion fee = $110,000.
A(2). The number of licensees/registrants this will affect is unknown.
A(3). The FY 2023 verification fee utilization is estimated as $2,695 (77 x $35). The new FY 2024 fee utilization is estimated to be $3,850 (77 x $50). This reflects a new total revenue difference of $1,155.
A(4). The FY 2023 paper copy fee utilization is estimated as $100 (4 x $25). The new FY 2024 fee utilization is estimated to be $160 (4 x $40). This reflects a new total revenue difference of $60.
A(5). The FY 2023 course review fee utilization is estimated as $50 (2 x $25). The new FY 2024 fee utilization is estimated to be $80 (2 x $40). This reflects a new total revenue difference of $30.
B(1). A Maryland Health Care Commission (MHCC) fee of $26 will be charged at the first renewal cycle for all RMPs converting to LMTs. 1,100 (RMPs) x $26 = $28,600.
D(1)—(5). See A(1)—(5).
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 October 10, 2023. A public hearing has not been scheduled.
10.65.01 General Regulations
Authority: General Provisions Article, §4-333(c); Health Occupations Article, §§6-101, 6-102, 6-201—6-206, 6-301—6-306, and 6-504; Annotated Code of Maryland
.04 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Custodian of records” means an individual designated by the
Board who:
(a) Is responsible for the security, storage, dissemination, and
destruction of records; and
(b) Complies with:
(i) General Provisions Article, Title 4, Annotated Code of
Maryland;
(ii) Health Occupations Article, Title 6, Annotated Code of
Maryland; and
(iii) This subtitle.
[(2)] (3)—[(3)] (4) (text unchanged)
[(4)] (5) "Licensed massage therapist (LMT)" means an individual who is licensed by the Board to practice massage therapy.
[(5) “State Board of Massage Therapy Examiners Jurisprudence Examination” means the test developed by the Board to assess an applicant’s knowledge of the statute and regulations governing massage therapy in the State.]
(6) “Licensee” means, unless the context requires otherwise, a
licensed massage therapist or a registered massage practitioner authorized by
the Board to practice massage therapy.
[(6)] (7) Massage Therapy.
(a) "Massage therapy" means the use of manual techniques on soft tissues of the human body including [effleurage (stroking), petrissage (kneading), tapotement (tapping),] stroking, kneading, tapping, stretching, compression, vibration, and friction.
(b) (text unchanged)
(c) "Massage therapy" does not include the:
(i) Diagnosis [or treatment] of illness, disease, or injury;
(ii) (text unchanged)
(iii) Laying on of hands, consisting of pressure or movement, with the exception of such techniques described in [§B(6)(a)] §B(7)(a) of this regulation on a fully clothed individual to specifically affect the electromagnetic energy or energetic field of the human body.
[(7)] (8)—[(8)] (9) (text unchanged)
[(9)] (10) “Registered massage practitioner (RMP) or registrant” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.
[(10)] (11) (text unchanged)
(12) “Research” means a curriculum component that systematically
investigates and validates massage therapy techniques based on sources and data
to provide successful outcomes for clients.
(13) “State Board of Massage Therapy Examiners Jurisprudence
Examination” means the test developed by the Board to assess an applicant’s
knowledge of the statute and regulations governing massage therapy in the
State.
.05 Licensure or Registration Required; Exceptions.
An individual shall be licensed by the Board in order to practice massage therapy, and shall be registered by the Board in order to practice massage therapy in a setting that is not a health care setting, except for the following:
A. (text unchanged)
B. An individual who:
(1) Practices massage therapy in a [Board-approved,] recognized jurisdiction with an active license or registration in good standing;
(2) (text unchanged)
(3) Submits a timely request for approval to participate in an event by application at least 10 days prior to the event in accordance with Board procedures;
C.—F. (text unchanged)
.06 Application for Licensure or Registration.
A. An applicant for a license to practice massage therapy shall:
(1)—(2) (text unchanged)
(3) Submit [two] one recent 2 inch by 2 inch passport type [photographs] photograph on a solid white background of the applicant;
(4)—(7) (text unchanged)
(8) Have copies of official transcripts sent directly to the Board by [the school from] an institution of postsecondary education, as defined in Education Article, §10-101, Annotated Code of Maryland, and approved by the Maryland Higher Education Commission, from which the applicant graduated that documents completion of a program of at least [600 classroom] 750 contact hours [in] of massage therapy education in a curriculum that is:
(a) Approved by the Board [and the:
(i) Maryland Higher Education Commission (MHEC); or
(ii) Higher education commission, or comparable authority, of the state or country in which the applicant’s school is located; and
(b) Either:
(i) Accredited by the Commission on Massage Therapy Accreditation (COMTA); or
(ii) Approved or accredited by an accrediting agency recognized by
the United States Department of Education, with the instructors teaching
massage related curriculum who are licensed or registered in the instructors’
state of residence];
(b) Endorsed by:
(i) The Commission on Massage Therapy Accreditation (COMTA); or
(ii) An equivalent entity that accredits both institutions of
postsecondary education and programs offering instruction in massage therapy;
and
(c) Accredited by an institutional accreditation agency
recognized by the United States Department of Education;
(9) Provide documentation of having satisfactorily completed the requirements listed in [§§B and C of this regulation.] Regulation .07 of this chapter;
(10) Provide documentation of current certification of qualification in CPR, at a minimum at the Basic Life Support (BLS) level; and
(11) (text unchanged)
[B. To comply with §A(9) of this regulation, an applicant for a license to practice massage therapy shall provide documentation of having graduated with at least 600 hours of education in a Board-approved program for the study of massage therapy that includes the following areas of content:
(1) Anatomy, physiology, and kinesiology;
(2) Massage theory, techniques, and practice;
(3) Contraindications to massage therapy;
(4) Professional ethics;
(5) Pathology; and
(6) Research.
C. In addition to §B of this regulation, an applicant for a license to practice massage therapy shall provide documentation of having graduated with at least:
(1) 60 credit hours of education at an institution of higher education as defined in Education Article, §10–101, Annotated Code of Maryland, and as approved by the Board and MHEC of which a minimum of 24 credit hours shall have been in basic and applied science courses related to health care; or
(2) For the purpose of a status change:
(a) 60 credit hours of education at an institution of higher
education as defined in the Education Article, §10–101, Annotated Code of
Maryland, and as approved by MHEC; and
(b) An additional 24 credit hours or 360 contact hours of advanced massage therapy continuing education as pre-approved by the Board in basic and applied science courses related to health care, which may include, but not be limited to, the following areas of study:
(i) Massage techniques, including advanced Swedish massage and advanced deep tissue massage;
(ii) Anatomy and physiology of the human body;
(iii) Kinesiology;
(iv) Advanced pathology or pathophysiology;
(v) Orthopedic assessment and massage;
(vi) Neuromuscular therapy;
(vii) Manual lymph drainage;
(viii) Oncology;
(ix) Special populations;
(x) End stage of life;
(xi) Gross anatomy; or
(xii) Other Board pre-approved upper level AP courses.]
[D.] B. [To] On or before September 30, 2024, to be a registered massage practitioner, an applicant shall:
(1)—(2) (text unchanged)
(3) Submit [two] one recent 2 inch by 2 inch passport type [photographs] photograph on a solid white background of the applicant;
(4)—(7) (text unchanged)
(8) Have copies of official transcripts sent directly to the Board by the school from which the applicant graduated that documents completion of a program of at least 600 classroom hours in massage therapy education that is:
(a) Approved by the Board [and the:
(i) Maryland Higher Education Commission (MHEC); or
(ii) Higher education commission, or comparable authority, of the state or country in which the applicant’s school is located; and
(b) Either:
(i) Accredited by the Commission on Massage Therapy Accreditation (COMTA); or
(ii) Approved or accredited by an accrediting agency recognized by
the United States Department of Education, with the instructors teaching
massage related curriculum who are licensed or registered in the instructors’
state of residence];
(b) Endorsed by:
(i) The Commission on Massage Therapy Accreditation (COMTA); or
(ii) An equivalent entity that accredits both institutions of
postsecondary education and programs offering instruction in massage therapy;
and
(c) Accredited by an institutional accreditation agency
recognized by the United States Department of Education;
(9) Provide documentation of having satisfactorily completed the requirements listed in [§D] Regulation .07 of this [regulation.] chapter;
(10) Provide documentation of current certification of qualification in [basic] CPR, at a minimum at the Basic Life Support (BLS) level; and
(11) (text unchanged)
[E. To comply with §D(9) of this regulation, an applicant for a registration to practice massage therapy shall provide documentation of graduation from a Board-approved program of at least 600 hours for the study of massage therapy that includes the following areas of content:
(1) Anatomy, physiology, and kinesiology;
(2) Massage theory, techniques, and practice;
(3) Contraindications to massage therapy;
(4) Professional ethics;
(5) Pathology; and
(6) Research.]
[F.] C. (text unchanged)
D. On or after October 1, 2024, the Board may not issue an
initial registration to practice as a registered massage practitioner.
E. On or before October 31, 2026, on a request made on an
application approved by the Board, the Board shall convert the registration of
an individual registered by the Board as a registered massage practitioner to a
license to practice massage therapy if the individual complies with regulations
under this subtitle.
F. Conversion. In order for an individual to convert from a
registered massage practitioner to a licensed massage therapist, a minimum of
one of the following shall be met by the applicant:
(1) Has held a registration continuously in good standing for a
minimum of 10 years preceding the conversion request;
(2) Attest to the accumulation of 1,000 hours of hands-on
experience over the previous 2 years between work hours and continuing
education hours; or
(3) Provide documentation verifying a total of 750 hours which
include program hours and continuing education hours.
.07 Required Massage Therapy Education and Training.
[A. Classroom Training.
(1) Of the minimum 600 hours classroom training required in Regulation .06A(9), B, C, and D(8) of this chapter:
(a) At least 100 hours shall consist of:
(i) Anatomy;
(ii) Physiology;
(iii) Pathology; and
(iv) Kinesiology; and
(b) The remaining 500 hours shall include a majority of hours in:
(i) Massage therapy theory;
(ii) Technique;
(iii) Supervised practice;
(iv) Professional ethics;
(v) Professional standards;
(vi) Business practices;
(vii) Health and hygiene;
(viii) Contraindications of massage; and
(ix) Research.]
A. Classroom Training: LMTs.
(1) An applicant for a license to practice massage therapy shall
provide documentation of having graduated with at least 750 hours of education
in a Board-approved program for the study of massage therapy that includes the
following areas of content:
(a) 100 hours in anatomy, physiology, and kinesiology;
(b) 200 hours in massage therapy theory;
(c) 50 hours in contraindications to massage therapy and
pathology;
(d) 30 hours in professional ethics;
(e) 5 hours in health and hygiene;
(f) 5 hours in research;
(g) 175 hours in supervised hands-on techniques;
(h) 50 hours in clinical assessment and documentation;
(i) 35 hours in professional standards and business practices; and
(j) 100 hours in supervised clinical experience/practicum.
(2) Cardiopulmonary resuscitation (CPR) shall be included but [do] does not count [toward] towards the [600-hour] 750-hour minimum.
(3) An applicant may attend more than one training institution, if the applicant graduates from a school requiring satisfactory completion of a minimum of [600] 750 classroom hours in massage therapy education.
[(4) Correspondence courses are not recognized by the Board.]
B. Classroom Training: RMPs.
(1) An applicant for a registration to practice massage therapy
shall provide documentation of graduation from a Board-approved program of at
least 600 hours for the study of massage therapy that includes the following
areas of content:
(a) Anatomy, physiology, and kinesiology;
(b) Massage therapy theory;
(c) Contraindications and pathology;
(d) Professional ethics;
(e) Health and hygiene;
(f) Research;
(g) Supervised hands-on techniques; and
(h) Clinical assessment and documentation.
(2) Cardiopulmonary resuscitation (CPR) shall be included but
does not count towards the 600-hour minimum.
(3) An applicant may attend more than one training institution,
if the applicant graduates from a school requiring satisfactory completion of a
minimum of 600 classroom hours in massage therapy education.
[B.] C. Education and Training in a Foreign Country.
(1) The Board may grant a license or registration to practice massage therapy to an applicant who completed an educational program in a foreign country if the applicant:
(a) Can demonstrate through a Board-approved certifying agency that the applicant's education and training were substantially equivalent to the requirements of [Regulation .04A(7) of this chapter and] §A of this regulation through a Board-approved certifying agency; and
(b) (text unchanged)
(2)—(3) (text unchanged)
.08 Licensure.
A. (text unchanged)
B. The [license holder] licensee shall notify the Board of any change in the legal name or address of the [license holder] licensee, in writing, within 60 days after the change occurs.
C. The Board may not issue a license [or registration] if the criminal history records information required under Health Occupations Article, §6–303(b), Annotated Code of Maryland, has not been received.
D. Display of License. A [license holder] licensee shall display the license and any current renewal license conspicuously in the space where the [license holder] licensee is engaged in practice, including in any temporary space or in any exhibit location.
.09 Registration.
A. The Board shall:
(1) Issue [a] an initial registration until September 30, 2024, to an approved applicant that:
(a)—(b) (text unchanged)
(2) (text unchanged)
B. The [registration holder] registrant shall notify the Board, in writing, of any change in the legal name or address of the [registration holder] registrant within 60 days after the change occurs.
C. The Board may not issue a [license or] registration if the criminal history records information required under Health Occupations Article, §3–302.1, Annotated Code of Maryland, has not been received.
D. Display of Registration. A [registration holder] registrant shall display the registration and any current renewal registration conspicuously in the space where the [registration holder] registrant is engaged in practice, including in any temporary space or in any exhibit location.
.10 Renewals.
A. The Board shall send each [license and registration holder] licensee a renewal notice that states the:
(1) Date on which the current license or [current] registration expires;
(2) Latest date by which the renewal application and documentation can be received by the Board in order for the renewal license or [current] registration to be issued before the current license or registration expires; and
(3) (text unchanged)
B. At least 30 days before the current license or [current] registration expires, the Board shall send the renewal notice by electronic means or first-class mail to the last known electronic or physical address of the [license or registration holder, as updated pursuant to Regulations .06B and .07B of this chapter] licensee.
[C. The license or
registration holder shall notify the Board of non-receipt of a renewal notice
at least 15 days before the expiration date of the license or registration.]
C. Late Renewal. A late fee in addition to a renewal fee shall
be applied as specified in COMAR 10.65.07, if the request is received by the
Board within 30 days of the expiration date of the license or registration.
D. Licensees shall satisfactorily complete the minimum
continuing education requirements set forth under COMAR 10.65.05.
.11 Reinstatement.
A. The Board shall reinstate an individual whose license or
registration has expired if the individual [meets]:
(1) Meets the renewal requirements of this chapter [and pays the:] and Health
Occupations Article, §6-306, Annotated Code of Maryland;
[(1) Late fee in addition to the renewal fee as specified in COMAR 10.65.07, if the request is received by the Board within 30 days of the expiration date of the license or registration; or]
(2) [Late] Pays
the late and reinstatement fees
as specified in COMAR 10.65.07, if the request is received by the Board more
than 30 days after the expiration date of the license or registration[.]; and
(3) Satisfactorily completes the minimum continuing education
requirements set forth under COMAR 10.65.05.
B. [The] A licensed massage therapist who fails to apply for licensure [renewal] reinstatement within [2] 5 years after the expiration date of the license shall meet the requirements in effect at the time of the request in order to be licensed to practice massage therapy.
C. [The] Except as otherwise provided in this chapter, a registered massage practitioner who fails to apply for registration [renewal] reinstatement within [2] 5 years after the expiration date of the registration shall meet the requirements in effect at the time of the request in order to be registered to practice massage therapy in a setting that is not a health care setting.
.12 Inactive Status.
[A. The Board shall place a license or registration holder on inactive status if the license or registration holder submits to the Board the:
(1) Completed application for inactive status on the form provided by the Board; and
(2) Biennial fee for inactive status as specified in COMAR 10.65.07.
B. The license or registration holder on inactive status may reactivate the license or registration at any time if the license or registration holder pays the reactivation fee as specified in COMAR 10.65.07.]
A. In accordance with Health Occupations Article, §6-306,
Annotated Code of Maryland, a request by an active licensee or registrant to
transfer a license or registration to inactive status shall be granted upon receipt
of the:
(1) Completed Board-approved inactive status application; and
(2) Payment of the required, non-refundable, biennial inactive
status fee set forth in COMAR 10.65.07.
B. An individual:
(1) May apply for inactive status only if the individual’s
license or registration is still active at the time the inactive status
application request is made;
(2) Shall renew and pay the biennial inactive status fee during
each renewal period; and
(3) On inactive status is not authorized to and may not practice
massage therapy.
C. Within 5 calendar years after being placed on inactive
status, an individual seeking to be reactivated shall be required, as a
condition of reactivation, to submit:
(1) Proof of having completed the required CEUs of which shall
have been obtained within the 2-year period immediately preceding the
application for reactivation; and
(2) Documentation of current CPR requirements at the designated
level.
D. If an individual on inactive status seeks to be reactivated beyond
the required 5-year period and conditions set forth under §C of this
regulation, the individual shall be required to:
(1) Submit a new application;
(2) Pay the non-refundable fee set forth in COMAR 10.65.07;
(3) Submit to a criminal history records check in accordance
with Health Occupations Article, §6-303, Annotated Code of Maryland;
(4) Pass the Jurisprudence Examination required by the Board
with a score of at least 75 percent; and
(5) Possess documentation of current certification of qualification
in CPR, at a minimum at the Basic Life Support (BLS) level.
.13 Duplicate Licenses and Registrations.
A. The Board shall issue a duplicate license or registration to [the license or registration holder] a licensee if:
[A.] (1) The [license or registration holder] licensee has a change of name, loses or damages the original, or practices in multiple locations; and
[(1)] (a)—[(4)] (d) (text unchanged)
[B.] (2) The Board, as a result of its error, issues an incorrect license or registration and the [license or registration holder] licensee:
[(1)] (a)—[(2)] (b) (text unchanged)
[C.] (3) The [license or registration holder] licensee does not receive the license or registration within 2 weeks of issuance and the [license or registration holder] licensee provides a notarized statement to the Board attesting to the [nonreceipt] non-receipt of the license or registration within 30 days of the date the license or registration was issued by the Board.
B. The requirements in §A of this regulation do not apply if the
non-receipt was due to the licensee’s failure to change the licensee’s address
of record with the Board.
.14 Penalties.
If a [license or registration holder] licensee fails to notify the Board of a change of name or address within the time required in Regulations [.06B and .07B] .08B and .09B of this chapter, subject to the hearing provisions of Health Occupations Article, §6–309, Annotated Code of Maryland, the Board may impose an administrative penalty of $100.
.15 Compelling Public Purpose Disclosure.
A. The custodian of records for the Board may find that a compelling public purpose warrants disclosure of information in an application, certification, licensing, or investigative file, regardless of whether there has been a request for the information, if the information concerns:
(1)—(3) (text unchanged)
B. Other Disclosures. This regulation does not prohibit or limit the [Board’s] ability of the custodian of records for the Board to disclose:
(1)—(2) (text unchanged)
10.65.07 Fees
Authority: Health Occupations Article, §§6-206 and 6-207, Annotated Code of Maryland
.01 Scope.
This chapter governs [those who are licensed and registered] licensees or those who are applying for licensure or registration by the Board.
.02 Fees for Massage Therapy Licensure and Registration.
The following fees are established by the Board and are non-refundable:
A.—E. (text unchanged)
F. Conversion to license fee. . .$100
[F.] G. (text unchanged)
[G.] H. Reinstatement fee (after 31 days of expiration of license or registration, [in addition to renewal and late fees] inclusive of a reinstatement fee, renewal fee, and late fee) . . . [$200] $475;
[H.] I. (text unchanged)
[I.] J. Reactivation fee (inclusive of a reactivation fee and renewal fee) . . . [$100] $350;
[J.] K.—[K.] L. (text unchanged)
[L.] M. Verification fee . . . [$35] $50;
[M.] N.—[N.] O. (text unchanged)
[O.] P. Penalty for failure to maintain correct name or address with the Board . . . $100;
[P.] Q. Continuing Education Course processing fee per submission . . . [$25] $40;
[Q.] R. Paper copy of laws and regulations . . . [$25] $40.
10.65.11 Curriculum Approval
Health Occupations Article, §6-302(b)(3)(i) and (c)(3)(i),
Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Approval” means the status granted to a massage therapy
education program that is in compliance with the regulations of the Board.
(2) “Board-recognized massage therapy accreditation agency
(BRMTA)” means an institutional accreditation agency recognized by the United
States Department of Education (USDOE).
(3) “Clinical faculty” means a clinical faculty member of a
program who is licensed or registered to practice massage therapy in the State
of Maryland.
(4) Clinical Learning Experience.
(a) “Clinical learning experience” means faculty planned and
guided learning activities designed to assist students to:
(i) Meet course objectives; and
(ii) Apply massage therapy knowledge and skills in the direct
care of clients.
(b) “Clinical learning experience” includes:
(i) Direct care of clients within the relevant practice setting;
and
(ii) Clinical support activities such as student clinics.
(5) “Conditional approval” means a limited-time status that:
(a) Is imposed by the Board if the Board finds evidence that the
curriculum has failed to meet or maintain the regulations or requirements, or
both, set by the Board; and
(b) Allows the curriculum to continue to operate subject to the
curriculum conforming to the Board’s requirements and recommendations within a
time period set by the Board.
(6) “Controlling institution” means an organization that offers
a massage therapy education curriculum.
(7) “Cooperating clinical entity” means an entity that provides
the facilities and clinical resources for clinical learning experiences in
massage therapy, with the massage therapy faculty or the clinical massage
therapy faculty of the program responsible for the planning, implementation,
and evaluation of these experiences.
(8) “Endorsement” means having a curriculum approved by:
(a) COMTA; or
(b) An equivalent entity that accredits both institutions of
higher education and programs offering instruction in massage therapy.
(9) “Initial approval” means the approval period from the first
admission of massage therapy students to the program through the first full
implementation of the curriculum and graduation.
(10) “Licensed massage therapist” means an individual who is
licensed by the Board to practice massage therapy.
(11) “Massage therapy faculty” means an individual who is
employed to teach the practice of massage therapy full-time or part-time in a massage
therapy education program.
(12) “MBLEx” means the Massage and Bodywork Licensing
Examination, a national entry-level licensure exam, governed and administered
by the Federation of State Massage Therapy Boards (FSMTB).
(13) “MHEC” means Maryland Higher Education Commission.
(14) Program.
(a) “Program” means a massage therapy educational program.
(b) “Program” includes:
(i) A college; or
(ii) A school.
(15) “Regional massage therapy education accrediting agency”
means an accrediting agency that operates in a specific geographic region of
the United States and accredits post-secondary institutions and primary and
secondary schools.
(16) “Registered massage practitioner” means an individual who
is registered by the Board to practice massage therapy in a setting that is not
a health care setting.
(17) “USDOE” means the United States Department of Education.
.02 Approval of
Curriculum Accredited by a Board-Recognized Massage Therapy Accreditation
Agency.
A. The Board shall approve any massage therapy education
curriculum in Maryland whose program has been granted accreditation by a BRMTA,
provided the curriculum meets all requirements of this chapter.
B. A program that has been accredited by a BRMTA shall submit to
the Board within 30 days of that accreditation:
(1) Evidence of current accreditation and endorsement status;
(2) Accreditation reports; and
(3) Any correspondence related to the status of the curriculum’s
accreditation and endorsement.
C. The Board shall continue to grant approval to curricula in
Maryland provided that there is evidence of continuing accreditation by a
BRMTA, and endorsement, and that those curricula continue to meet all
requirements of this chapter.
D. The Board shall be notified in writing within 10 business
days of any change in accreditation or endorsement status by the massage
therapy program.
E. Withdrawal of accreditation or endorsement, accreditation or
endorsement with warning, or failure to meet the requirements of this chapter
or the standard for performance on the licensing examination shall be cause for
Board review of the curriculum in accordance with Regulations .07B and C and
.08 of this chapter.
F. A curriculum on which the Board has taken action under Regulations
.07B and C and .08 of this chapter shall be reported to MHEC.
.03 Massage Therapy
Faculty and Clinical Massage Therapy Faculty.
A. Qualifications of Massage Therapy Faculty.
(1) Unless otherwise provided in this chapter, massage therapy
faculty shall:
(a) Be currently licensed or registered to practice massage
therapy in Maryland;
(b) Be academically and professionally qualified;
(c) Maintain expertise appropriate to their teaching
responsibilities;
(d) Have a minimum of 5 years of clinical experience as a
licensed massage therapist or registered massage practitioner; and
(e) Have an unencumbered license or registration for the past 5
years.
(2) Non-massage therapy faculty or a licensed massage therapist
or a registered massage practitioner not meeting the requirements for massage
therapy faculty may teach selected portions of the curriculum that:
(a) Are unrelated to the practice of massage therapy; and
(b) Relate to their areas of expertise.
B. Waiver.
(1) A program experiencing a faculty shortage or a demonstrable
difficulty in hiring appropriate faculty may petition the Board for a waiver of
any provision of this regulation in massage therapy.
(2) The petition for a waiver of any requirement in massage
therapy faculty qualification shall include documentation that the institution
has made good faith attempts to hire massage therapy faculty.
C. Qualifications of Clinical Massage Therapy Faculty. Unless
otherwise provided in this chapter, a clinical massage therapy faculty member
shall:
(1) Be currently licensed or registered to practice massage
therapy in Maryland;
(2) Have a minimum of 5 years of clinical experience practicing
massage therapy;
(3) Have the clinical experience necessary to function
effectively and safely in the clinical massage therapy area of responsibility;
and
(4) Have an unencumbered license or registration for the past 5
years.
.04 Resources,
Facilities, and Services.
A. All facilities used for clinical learning experiences shall comply
with all applicable federal, state, and local requirements.
B. Cooperating clinical entities shall have:
(1) Clinical massage therapy faculty on-site and physically
available for consultation with massage therapy student; and
(2) A dedicated student area for training demonstrations.
C. Students participating in clinical learning experiences shall
be clearly identified as students.
.05 Curriculum.
A. The curriculum shall meet criteria as stated under COMAR
10.65.01.07.
B. Changes in course offerings that will alter the curriculum,
objectives, outcomes, competencies, or conceptual framework of the program
shall:
(1) Be reported to the Board in the annual report; and
(2) Include the following information:
(a) The rationale for changes; and
(b) The methods of evaluation to be used to determine the effect
of the change.
C. Clinical learning experiences shall be sufficient in quantity
and quality to provide opportunities for students to achieve the stated
objectives, outcomes, or competencies.
D. Students shall have sufficient opportunities to develop the
knowledge, skills, and abilities essential for a safe and effective massage
therapy practice.
E. Evaluation methods and tools used for measuring students’
knowledge, skills, and abilities shall be developed and implemented in order to
ensure satisfactory progression of students.
.06 Curriculum
Evaluation.
A. The program shall develop and implement a Board-approved
evaluation plan for evaluating the total massage therapy education program not
less than every 5 years for curricula that are accredited by a BRMTA.
B. The evaluation plan shall include:
(1) All components of the curriculum;
(2) Evaluation time intervals;
(3) Student, graduate, faculty, cooperating clinical entities,
and administration participation;
(4) Instruments or methods used; and
(5) Evidence that prior recommendations from the Board have been
acted upon.
C. The evaluation process shall provide evidence that the
program is meeting its objectives or outcomes as well as the changing needs of
massage therapy and society.
D. The outcome of evaluation includes:
(1) Recommendations for necessary curriculum revisions; and
(2) Direction for future action.
.07 Annual Review.
A. A program shall submit the following to the Board no later
than July 1 of each year:
(1) An annual report detailing the program;
(2) A program catalog;
(3) Any annual reports to the BRMTA;
(4) Any correspondence related to the status of the program’s
accreditation;
(5) A summary of practices followed in safeguarding the health
and well-being of students;
(6) Accurate and complete data including, but not limited to,
number of enrollments, admissions, graduates, and faculty; and
(7) A report detailing:
(a) Annual pass rates for first-time candidates who have taken
the MBLEx exam; and
(b) Student retention and program completion rates.
B. Annually the Board shall:
(1) Review each program’s annual report, supporting
documentation, and the licensure examination performance of first-time
candidates from each program; and
(2) If necessary, conduct a survey or site visit, issue
recommendations, place a program on conditional approval, or issue a formal
notice of violation and withdraw approval in accordance with Regulation .08 of
this chapter.
C. Approval may be reduced to conditional status for the
following reasons:
(1) Noncompliance with this chapter;
(2) Failure to hire faculty who meet the qualifications as
stated in Regulation .03 of this chapter;
(3) Failure to submit records and reports to the Board in a
timely manner;
(4) Failure to implement the approved curriculum;
(5) In accordance with §D of this regulation, failure to
maintain the required passing rate on the licensing examination by first-time
candidates;
(6) Failure to annually document that all faculty have current
licenses; and
(7) Other activities or situations, as determined by the Board,
that indicate a program is in jeopardy of violating statutory and regulatory
requirements and standards.
D. Below Standard Performance on Licensure Examination.
(1) A program shall maintain a minimum pass rate of 65 percent
for first-time candidates.
(2) The Board shall issue a warning to a program when the pass
rate of first-time candidates is below 65 percent.
(3) For the first year a program does not meet the 65 percent
pass rate requirements of §D(1) of this regulation and following the warning in
§D(2) of this regulation, the program shall, within 30 calendar days, provide
to the Board:
(a) A report that identifies the factors believed to have
contributed to the below standard performance; and
(b) An action plan to be approved by the Board.
(4) Second Successive Year Not in Compliance.
(a) For the second successive year that a program is not in
compliance with §D(1) of this regulation, the program shall:
(i) Be placed on conditional approval; and
(ii) Provide the Board with a report analyzing all aspects of
the educational program and identifying areas that may be contributing to the
below standard performance.
(b) The Board’s professional staff may conduct a survey visit to
the school and provide a report to the Board.
(5) If compliance with the minimum licensure examination
performance standard for first-time candidates is not made by the program
within 1 examination year from the date of conditional approval, approval may
be withdrawn.
.08 Withdrawal of
Curriculum Approval.
A. At least 30 days before issuing a formal notice of violation
of regulations to a program, the Board shall notify the chief administrator of:
(1) The controlling institution, if applicable; and
(2) The massage therapy education program that the Board is
considering issuing a formal notice of violation.
B. During the 30-day period, the Board shall provide the chief
administrator of the controlling institution, if applicable, and the massage
therapy education program with an opportunity to meet with representatives of
the Board to discuss the Board’s proposed action against the program.
C. The program shall notify the Board within the 30-day period
if it is interested in meeting with the Board. If the program requests a
meeting, the Board shall make the arrangements.
D. At the meeting, the program shall submit to the Board a plan
with a proposed timeframe for correcting the violations.
E. The Board shall:
(1) Evaluate the plan;
(2) Approve or modify the plan; and
(3) Have discretion to make changes to the timeframes for
correcting violations or other components of the plan.
F. The program shall correct the violations within the
timeframes approved by the Board.
G. Approval may be withdrawn for the following reasons:
(1) Noncompliance with any of the regulations in this chapter;
(2) Failure to:
(a) Hire faculty who meet the qualifications as stated in
Regulation .03 of this chapter;
(b) Submit records and reports to the Board in a timely manner;
(c) Implement the approved curriculum;
(d) Comply with the Board’s requirements within the specified
timeframes;
(e) Maintain the required passing rate on the MBLEx exam by
first-time candidates; and
(f) Annually document that all faculty have current licenses;
and
(3) Other activities or situations, as determined by the Board,
that indicate a program is not meeting statutory and regulatory requirements
and standards.
H. Withdrawal of Approval. If the program does not correct the
violations within the approved timeframes, the Board shall begin proceedings to
remove the program from its list of institutions that offer approved massage
therapy education programs in Maryland pursuant to Health Occupations Article,
§§6-308—6-310, Annotated Code of Maryland.
.09 New Programs and
Continuing Approval Requirements.
A. New Program Requirements. The Board shall cooperate with MHEC
when approving and reviewing curricula.
B. Approval.
(1) Upon review of an application for curriculum approval, the
Board may:
(a) Grant approval;
(b) Place the curriculum on provisional approval;
(c) Request revisions of the curriculum to align with the
Board’s statute and regulations; or
(d) Deny the application.
(2) Approval:
(a) Is required before the admission of students; and
(b) Requires concurrence of the Maryland Higher Education
Commission.
C. Provisional Approval. A program seeking accreditation or
endorsement may be granted provisional approval to graduate students if the
program submits:
(1) Proof of application status for accreditation or
endorsement;
(2) An application for provisional curriculum approval; and
(3) Otherwise meets the requirements of this regulation.
D. A program may not operate under provisional status for longer
than 2 years.
.10 Closure of Programs.
A. Upon request, the Board shall provide consultation concerning
closing of a program.
B. Upon the decision by a program to close, and at least 90 days
before closing, the program shall notify the Board of its intent, giving the
following information:
(1) Date and reason for closing;
(2) Plans for phasing out the program, including a teach-out
program;
(3) Disposition of the records of students, graduates, and
faculty; and
(4) Title of the position of the individual to be responsible
for the records and the name of the agency in which the records will be
located.
LAURA HERRERA SCOTT
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
13A.08.04 Student Behavior Interventions
Authority: Education Article, §§2-205, 7-301, 7-303—7-305, 7-307, 7-308, [and] 7-1101—7-1107, and 8-405, Annotated Code of Maryland
Notice of Proposed Action
[23-104-P]
The Maryland State Board of Education proposes to amend
Regulations .01—.06 and adopt new
Regulation .07 under COMAR 13A.08.04 Student Behavior
Interventions. This action was considered by the State Board of Education
at their meeting on March 28, 2023.
Statement of Purpose
The purpose of this action is to establish processes and procedures for the use of student behavior interventions for public agencies and nonpublic schools, as well as the collection of student behavior interventions data.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action would impact expenditures for the Maryland State Department of Education (MSDE) and local education agencies (LEAs). There is no estimated impact on industry or trade groups, and no direct or indirect impact on the public.
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland State Department of Education |
(E+) |
$552,383 |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
|
|
|
Local education agencies |
(E+) |
Unknown |
|
|
|
|
|
|
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. The proposed action requires additional staff (2.6 FTEs) and contracted services to carry out the various responsibilities required. Implementation would require 0.6 of a full-time equivalent (FTE) position to implement and manage the data collection, including collecting data from nonpublic schools. Implementation would also require 2.0 FTEs with expertise in behavioral interventions, strategies, and supports; alternatives to restraint and seclusion; and mental and emotional well-being, to investigate incidents; review and analyze individual student restraint or seclusion incident data, case files, agency decisions and responses, and patterns of interventions; and to verify when no incidents are reported. MSDE estimates $100,000 for contracted services in fiscal year 2024 to maintain and improve system requirements and implement a long-term solution to collect, track, and report individual student-level incidents of restraint and seclusion. MSDE also estimates $200,000 in contracted services in fiscal year 2024 to identify any gaps in behavioral interventions, strategies, and supports, and to identify or develop, in consultation with representatives of institutions of higher education and PSTEB, positive behavioral intervention training requirements for teachers, administrators, behavioral health specialists, paraprofessionals, aides, and any other employees who interact routinely with students. The vendor would be responsible for implementing evidence-based training that includes trauma-informed interventions and strategies for de-escalation. In summary, based on the estimates above, general fund expenditures are estimated to increase by $552,383.
Regular Positions . . . 2.6
Regular Salaries & Fringe Benefits. . . $252,383
Contractual Expenses. . . $300,000
Total FY 2024 State Expenditures. . . $552,383
C. Upon consideration of the economic impact of the statute upon which this regulation is based, some LEAs reported that they anticipate substantial additional expenditures related to the need to provide staff training on positive behavioral interventions and supports and crisis intervention, monitoring of instances of physical restraint and seclusion, and additional costs related to the development of corrective action plans, as necessary.
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 an impact on individuals with disabilities as follows:
Students with disabilities are disproportionately represented in the number of students experiencing incidents of physical restraint and seclusion. The proposed regulation would greatly reduce the use of these behavioral interventions for students with disabilities by banning seclusion in Maryland public schools and providing additional oversight by local education agencies and the Maryland State Department of Education.
Opportunity for Public Comment
Comments may be sent to Mary L. Gable, Assistant State Superintendent, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0472, or email to doss.msde@maryland.gov. Comments will be accepted through October 10, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on October 24, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.
.01 Scope.
[This chapter applies to
student behavior interventions by public agencies and nonpublic schools.]
A. This chapter applies to
the use of student behavior interventions by:
(1) Public agencies;
(2) The Residential Boarding
Education Program for At-Risk Youth (SEED School);
(3) The Regional Institutes
for Children and Adolescents, as defined by COMAR 10.21.06.02; and
(4) Nonpublic schools.
B. Regulations .05—.07 of
this chapter do not apply to the Juvenile Services Education Program.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) Behavior intervention
plan.
(a) “Behavior
intervention plan” means a proactive[,
data-based, structured plan that is developed as a result of a functional] plan
designed to address problem behavior exhibited by a student in the educational
setting through the use of positive behavioral [assessment which is consistently applied by trained staff to
reduce or eliminate a student’s challenging behaviors and to support the
development of appropriate behaviors and responses] interventions, strategies,
and supports.
(b) “Behavior intervention
plan” includes:
(i) Clear and specifically
defined targeted behaviors;
(ii) Data on the targeted
behaviors, as collected through a functional behavior assessment;
(iii) Specific methods of
data collection for progress monitoring; and
(iv) A hierarchy of responses
to address student behavior.
(2) "Business day" has the meaning stated in COMAR [13A.08.03.] 13A.05.01.03.
[(2-1)] (3)—[(3)] (4) (text unchanged)
(5) Debrief.
(a) “Debrief” means an intentional process wherein a restraint
or seclusion incident is reviewed by school personnel in order to prevent
future incidents and improve responses to the student’s challenging behavior.
(b) “Debrief” includes:
(i) Review of the events leading up to the restraint or
seclusion incident;
(ii) Analysis of school personnel’s compliance with an existing behavior
intervention plan, Section 504 plan, or IEP; and
(iii) Consideration of new or additional behavioral strategies
to address the behavior that led to the use of restraint or seclusion.
[(4)] (6)—[(5)] (7) (text unchanged)
(8) “Health care practitioner”
means:
(a) A physician licensed to practice under Health Occupations
Article, Title 14, Annotated Code of Maryland;
(b) A psychologist licensed to practice under Health Occupations
Article, Title 18, Annotated Code of Maryland;
(c) A clinical social worker licensed to practice under Health
Occupations Article, Title 19, Annotated Code of Maryland;
(d) A registered nurse licensed to practice under Health
Occupations Article, Title 8, Annotated Code of Maryland; or
(e) A clinical professional counselor licensed under Health
Occupations Article, Title 17, Annotated Code of Maryland.
[(6)] (9) “IEP” means an [individual] individualized
education program as defined and developed in accordance with COMAR [13A.05.01] 13A.05.01.03.
[(7)] (10) "IEP
team" has the meaning stated in COMAR [13A.05.01] 13A.05.01.03.
[(8)] (11) (text unchanged)
[(9)] (12) "Nonpublic school" means a school that receives funds from the Department for the purpose of providing special education and related services to students with disabilities [in accordance with COMAR 13A.09.10].
[(10)] (13)
"Parent" has the meaning stated in COMAR [13A.05.01] 13A.05.01.03.
[(11)] (14) Physical Restraint.
(a) "Physical restraint" means a personal restriction that immobilizes a student or reduces the ability of a student to move [the student’s] their torso, arms, legs, or head freely.
(b) "Physical restraint" does not include:
(i) Briefly holding a student in order to calm or comfort the student;
[(ii) A physical escort,
which is the temporary touching or holding of the hand, wrist, arm, shoulder,
or back for the purposes of inducing a student who is acting out to walk to a
safe location;]
(ii) Holding a student’s hand
or arm to escort the student safely from one area to another;
(iii) Moving a disruptive student who is unwilling to leave the area [if] when other methods such as counseling have been unsuccessful; or
(iv) [Intervening in] Breaking up a fight in the school building or on school grounds in accordance with Education Article §7-307, Annotated Code of Maryland.
[(12)] (15)—[(13)] (16) (text unchanged)
[(14)] (17) "Public agency" [has the meaning stated in COMAR 13A.05.01] means the Department, a local school system, the Maryland School for the Deaf, the Maryland School for the Blind, or the Juvenile Services Education Program.
[(15)] (18)—[(16)] (19) (text unchanged)
[(17)] (20) Seclusion.
(a) “Seclusion” means the [involuntary] confinement of a student alone in a room [or area], an enclosure, or any other space from which the student is physically prevented from leaving during school hours.
(b) “Seclusion” does not include a [timeout, which is a]
behavior [management technique that
is part] intervention plan of [an
approved program, involves the monitored separation of the student in a non-locked
setting, and is implemented for the purpose of calming.] separating a student by
placing the student:
(i) Into a nonlocked room from which the student is allowed to
leave; or
(ii) Within a separate location in a classroom from which the student
is not physically prevented from leaving.
(21) “Section 504 plan” means a plan developed to provide a
qualified student with a disability a free appropriate public education
consistent with Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794)
and its implementing regulation, 34 C.F.R. §104.33.
(22) “Serious physical harm” has the same meaning as “serious
bodily injury” as defined in 18 U.S.C. §1365(h)(3).
[(18)] (23) "Student with a disability" has the meaning stated in COMAR [13A.05.01] 13A.05.01.03.
[(19)] (24) “Trauma-informed intervention” means an approach to behavior intervention that is informed by the recognition that the experience of [the impact that] trauma, including the experience of violence, abuse, neglect, disaster, terrorism, and war, may have [on a student’s physical and emotional health and ability to function effectively in an educational setting] a significant impact on an individual’s physical and emotional health and ability to function.
.03 Student Behavior Interventions.
A. (text unchanged)
B. School personnel shall only use exclusion, restraint, or seclusion:
(1) After less restrictive or alternative approaches have been [considered, and]:
(a)—(b) (text unchanged)
(2) (text unchanged)
(3) Without intent to harm or create undue discomfort; [and]
(4) Consistent with known medical or psychological limitations and
the student's behavioral intervention plan[.];
and
(5) Consistent with an
evidence-based, trauma-informed crisis prevention intervention program.
C. School personnel conducting an escort shall use a natural
position and safe manner.
[C.] D. (text unchanged)
.04 Use of Exclusion.
A. School personnel may use exclusion to address a student's behavior:
(1) (text unchanged)
(2) If the student's behavior constitutes an emergency and exclusion is necessary to protect a student or other person from imminent, serious[,] physical harm after other less intrusive, nonphysical interventions have failed or been determined inappropriate;
(3)—(4) (text unchanged)
B.—C. (text unchanged)
D. School personnel shall ensure that each period of exclusion:
(1) Is appropriate to the developmental level of the student and
the severity of the behavior; [and]
(2) Provides support to increase the student’s self-regulation
in order to return to the instructional setting; and
[(2)] (3) (text unchanged)
E. Parents and school personnel may at any time request a meeting to address the use of exclusion and to:
(1) (text unchanged)
(2) Develop, review, or revise a student's behavioral intervention plan, Section 504 plan, or IEP.
F. School personnel shall consider the need to initiate a referral to a [pupil services] Section 504 or IEP team if a nondisabled student has experienced excessive exclusion, to determine if the student has a disability that may require the provision of accommodations, modifications, or special education and related services[, in accordance with COMAR 13A.05.01].
G. (text unchanged)
.05 General Requirements for the Use of Restraint or Seclusion.
A. Use of Restraint.
(1) Physical Restraint.
[(a) Except as provided
in §A(1)(b) of this regulation, the use of physical restraint is prohibited in
public agencies and nonpublic schools until there is an emergency situation and
physical restraint is necessary to protect a student or other person from
imminent, serious, physical harm after other less intrusive, nonphysical
interventions have failed or been determined inappropriate.]
(a) The use of physical
restraint is prohibited in public agencies and nonpublic schools unless:
(i) Physical restraint is necessary to protect the student or
another individual from imminent, serious physical harm; and
(ii) Other less intrusive, nonphysical interventions have failed
or been demonstrated to be inappropriate for the student.
[(b) Once physical restraint has been used or school personnel have made a student-specific determination that it may need to be used consistent with §A(1)(a) of this regulation, physical restraint may be included in a student’s behavioral intervention plan or IEP to address the student’s behavior in an emergency situation, provided that school personnel:
(i) Review available data to identify any contraindications to the use of physical restraint based on medical history or past trauma, including consultation with medical or mental health professionals as appropriate;
(ii) Identify the less intrusive, nonphysical interventions that will be used to respond to the student’s behavior until physical restraint is used in an emergency situation; and
(iii) Obtain written consent from the parent, consistent with
Education Article, §8-405, Annotated Code of Maryland.]
[(c)] (b) Physical restraint shall [be applied] only be implemented and monitored by school personnel who are trained in the appropriate use of physical restraint consistent with Regulation .06C of this chapter.
[(d)] (c) In applying physical restraint, school personnel shall only use reasonable force as is necessary to protect a student or other person from imminent, serious[,] physical harm.
[(e)] (d) Physical restraint:
(i) Shall be removed as soon as the student [is calm] no longer poses a threat of imminent, serious physical harm; and
(ii) (text unchanged)
[(f)] (e) In applying physical restraint, school personnel may not:
(i) (text unchanged)
(ii) Place a student in any other position that will obstruct a student's airway or otherwise impair a student's ability to breathe, obstruct [a staff member’s] school personnel’s view of a student's face, restrict a student's ability to communicate distress, or place pressure on a student's head, neck, or torso; or
(iii) (text unchanged)
(2) Mechanical Restraint.
(a) The use of mechanical restraint is prohibited in public agencies and nonpublic schools unless a public agency or nonpublic school is [certified] accredited by and meets the requirements of the Joint Commission [for the Accreditation of Health Care Organizations].
(b) [Regulation .04] Section A(2)(a) of this [chapter] regulation does not prohibit school personnel from using a protective or stabilizing device:
(i)—(ii) (text unchanged)
(3) Documentation of the Use of Restraint.
(a) Each time school personnel use restraint on a student [is in a restraint], school personnel involved in the restraint shall debrief and document the incident using a form developed by the Department that includes:
(i) Other less intrusive, nonphysical interventions that have failed or been determined inappropriate;
(ii)—(iii) (text unchanged)
(iv) The type of restraint;
(v) The length of time in restraint;
(vi) The student’s behavior and reaction during the restraint;
[(iv)] (vii)
The names of the school personnel who observed the behavior that prompted the
use of restraint; [and]
[(v)] (viii) The names and
signatures of the [staff members] school
personnel implementing and monitoring the use of restraint[.]; and
[(b) Documentation under §A(3) of this regulation shall include a description of the restraint event, including:
(i) The type of restraint;
(ii) The length of time in restraint;
(iii) The student's behavior and reaction during the restraint; and]
[(iv)] (ix) (text unchanged)
(b) The debrief and documentation shall occur as soon as
possible after the event.
(4) (text unchanged)
(5) Each time restraint is used, parents shall be provided oral or written notification within 24 hours[, unless otherwise provided for in a student's behavior intervention plan or IEP].
B. Use of Seclusion.
[(1) Except as provided
in §B(2) of this regulation, the use
of seclusion is prohibited in public agencies and nonpublic schools until there
is an emergency situation and seclusion is necessary to protect a student or
other person from imminent, serious, physical harm after other less intrusive,
nonphysical interventions have failed or been determined inappropriate.
(2) Once seclusion has been used or school personnel have made a student-specific determination that it may need to be used consistent with §B(1) of this regulation, seclusion may be included in a student’s behavioral intervention plan or IEP to address the student’s behavior in an emergency situation, provided that school personnel:
(a) Review available data to identify any contraindications to the use of seclusion based on medical history or past trauma, including consultation with medical or mental health professionals as appropriate;
(b) Identify the less intrusive, nonphysical interventions that will be used to respond to the student’s behavior until seclusion is used in an emergency situation; and
(c) Obtain written consent from the parent, consistent with
Education Article, §8-405, Annotated Code of Maryland.]
(1) The use of seclusion is
prohibited in public agencies.
(2) The use of seclusion is
prohibited in nonpublic schools unless:
(a) Seclusion is
necessary to protect the student or another individual from imminent, serious
physical harm;
(b) Other, less intrusive
interventions have failed or been demonstrated to be inappropriate for the
student;
(c) A qualified health care practitioner is on-site and is
directly observing the student during the seclusion; and
(d) The health care practitioner concludes that seclusion is not
contraindicated for the physical, psychological, or psychosocial health of the
student.
(3) Before a health care practitioner may use seclusion as a
behavioral health intervention for a student in a nonpublic school, the health
care practitioner shall:
(a) Receive training in all topics required under Regulation .06
of this chapter; and
(b) Be clinically familiar with the student.
[(3)] (4)—[(4)] (5) (text unchanged)
[(5)] (6) Seclusion shall only be [applied] implemented and monitored by school personnel trained in the appropriate use of seclusion consistent with Regulation .06C of this chapter.
[(6)] (7) A seclusion event:
(a)—(b) (text unchanged)
(c) May not exceed [30
minutes.] the shorter of:
(i) 30 minutes; or
(ii) A point in time during which the student no longer poses a
threat of imminent, serious physical harm.
[(7)] (8) Documentation of Seclusion.
(a) Each time a student is placed in seclusion, school personnel involved in the seclusion [event] incident shall debrief and document the incident using a form developed by the Department that includes:
(i)—(iii) (text unchanged)
[(iv) The names and
signatures of the staff members implementing and monitoring the seclusion.]
(iv) The length of time in
seclusion;
[(b) The documentation under §B(7) of this regulation shall include a description of the seclusion event, including:
(i) Justification for initiating the use of seclusion;
(ii) The length of time in seclusion;]
[(iii)] (v)
The student's behavior and reaction during the seclusion; [and]
(vi) The names and signatures
of the school personnel implementing and monitoring the seclusion; and
[(iv)] (vii) (text unchanged)
[(8)] (9) The documentation described in [§B(7)] §B(8) of this regulation shall be maintained in the student's educational record and available for inspection by the student's parent or legal guardian in accordance with COMAR 13A.08.02.
[(9) Unless otherwise
provided for in the student's behavior intervention plan or IEP, each time
seclusion is used, school personnel shall provide the student's parent with
verbal notification or send written notice within 24 hours.]
(10) Each time seclusion is
used, school personnel shall provide the student's parent with verbal
notification or send written notice within 24 hours.
C. Referral to a [Pupil] Student Services, Section 504, or IEP Team.
(1) If restraint or seclusion is used for a student who has not been identified as a student with a disability, the student shall immediately be referred to the school's [pupil services team or an] Student Support, Section 504, or IEP team.
(2) If restraint or seclusion is used for a student with a disability, and the student's Section 504 plan, IEP, or behavior intervention plan does not include the use of restraint or seclusion, the Section 504 or IEP team shall meet[, in accordance with COMAR 13A.08.03,] within 10 business days of the incident to consider:
(a) (text unchanged)
(b) Developing appropriate behavioral interventions; [and]
(c) Implementing a behavioral intervention plan[.];
(d) Training for school
personnel; and
(e) Revisions to the Section 504
plan or IEP.
(3) If the behavior of a student with a Section 504 plan or IEP
is adversely affected after the use of restraint or seclusion, the student’s
504 or IEP team shall convene a meeting on an expedited basis or at the
earliest opportunity to discuss alternative behavioral health treatments.
(4) Student with an IEP.
(a) For a student who has an IEP and is placed in seclusion, the
IEP team, in consultation with the health care practitioner who observed the
seclusion, shall review the student's physical, psychological, and psychosocial
health history to determine whether seclusion is contraindicated for the
student.
(b) A determination under this paragraph shall be made:
(i) At each annual review of the student's IEP; and
(ii) Within 10 days of a student's placement being changed.
(5) Physical restraint or seclusion may be included in a
student’s behavioral intervention plan, Section 504 plan, or IEP to address the
student’s behavior in an emergency situation, provided that school personnel:
(a) Determine restraint or seclusion has been used with the
student;
(b) Review available data to identify any contraindications to
the use of physical restraint or seclusion based on medical history or past
trauma, including consultation with medical or mental health professionals as
appropriate;
(c) Identify the less intrusive, nonphysical interventions that
will be used to respond to the student’s behavior until physical restraint or
seclusion is used in an emergency situation; and
(d) Obtain written consent from the parent, consistent with
§C(9) of this regulation.
[(3)] (6) If restraint or seclusion is used for a student with a disability, and the Section 504 plan, IEP, or behavior intervention plan includes the use of restraint or seclusion, the student's IEP or behavior intervention plan shall specify how often the Section 504 or IEP team shall meet to review or revise, as appropriate, the student's Section 504 plan, IEP, or behavior intervention plan[, in accordance with COMAR 13A.05.01 and 13A.08.03].
[(4)] (7) When [an] a Section 504 or IEP team meets to review or revise a student's Section 504 plan, IEP, or behavior intervention plan, as specified in [§C(3)] §C(4) of this regulation, the Section 504 or IEP team shall consider:
(a)—(d) (text unchanged)
(e) The frequency and duration of [restraints] restraint or seclusion incidents and behavior events that occurred since the IEP team last met.
[(5)] (8) The local school system or nonpublic school shall provide the parent of the student with written notice in accordance with COMAR 13A.05.01.12A when [an] a Section 504 or IEP team proposes or refuses to initiate or change the student's Section 504 plan, IEP, or behavior intervention plan that includes the use of restraint or seclusion.
[(6)] (9) Parental Consent.
(a) The Student Support, Section 504, or IEP team shall obtain the written consent of the parent if the team proposes to include restraint or seclusion in the behavior intervention plan, Section 504 plan, or IEP to address the student’s behavior.
(b) If the parent does not provide written consent, the [IEP] team shall send the parent written notice within 5 business days of the [IEP] team meeting that states:
(i) (text unchanged)
(ii) If the parent does not provide written consent or a written refusal within 15 business days of the [IEP] team meeting, the [IEP] team may implement the proposed use of restraint or seclusion.
(c) Written Refusal.
(i) If the parent of a student with an IEP provides written refusal, the IEP team may use the dispute resolution options listed in Education Article, §8-413, Annotated Code of Maryland, to resolve the matter.
(ii) If the parent of a student with a Section 504 plan or
behavior intervention plan from a Student Services team provides written
refusal, there is no right to the dispute resolution options listed in the
Education Article, §8-413, Annotated Code of Maryland, to resolve the matter.
.06 Administrative Procedures.
A. Each public agency and nonpublic school shall develop policies and procedures to address:
(1)—(4) (text unchanged)
(5) The use of restraint consistent with Regulation .05A of this
chapter; [and]
(6) The use of seclusion consistent with Regulation .05B of this
chapter[.]; and
(7) The notification, review,
and recommendation requirements consistent with §§E and F of this regulation.
B.—C. (text unchanged)
D. Monitoring and Compliance.
(1) Each public agency and nonpublic school shall develop policies and procedures on:
(a) Monitoring the use and documentation of exclusion, restraint, and seclusion; and
(b) (text unchanged)
(2) (text unchanged)
E. Notice of Student’s Tenth Incident of Physical Restraint or
Seclusion.
(1) If a student enrolled in a public school is physically
restrained ten times or more in a school year, the public school shall provide
notice to the Department and the local school system at the earliest
opportunity, but not longer than 4 business days after the student's tenth
incident of physical restraint and every tenth incident thereafter.
(2) If a student placed in a nonpublic school by the local
school system is physically restrained or placed in seclusion ten times or more
in a school year, the nonpublic school shall provide notice to the Department
and the local school system at the earliest opportunity, but not longer than 4
business days after the student's tenth incident of physical restraint or
seclusion and every tenth incident thereafter.
(3) If a student enrolled in a public agency that is not a
public school is physically restrained ten times or more in a school year, the
public agency shall provide notice to the Department at the earliest
opportunity, but not longer than 4 business days after the student's tenth
incident of physical restraint and every tenth incident thereafter.
F. Review, Assessment, and Recommendations.
(1) Within 10 business days from receipt of notice from a public
school or nonpublic school under §E(1) and (2) of this regulation, the local
school system shall:
(a) Review the student's case, including the circumstances of each
incident of physical restraint or seclusion;
(b) Assess the public school’s or nonpublic school's pattern of
behavioral health interventions to evaluate whether the public school or
nonpublic school could use less restrictive behavioral health interventions;
and
(c) Share the local school system's recommendations with the
Department and the public school or nonpublic school.
(2) Within 10 business days from receipt of notice from a public
agency under §E(3) of this regulation, the Department shall:
(a) Review the student's case, including the circumstances of
each incident of physical restraint;
(b) Assess the public agency's pattern of behavioral health
interventions to evaluate whether the public agency could use less restrictive
behavioral health interventions; and
(c) Share the Department's recommendations with the public
agency.
G. Corrective Action.
(1) The Department shall require a public agency or nonpublic
school to submit a corrective action plan, within a time period prescribed by
the Department, if a public agency or nonpublic school:
(a) Fails to comply with any provision of this chapter; or
(b) Reports to the Department that a student has been physically
restrained or placed in seclusion ten times or more in a school year.
(2) The Department may require different or additional student
specific or systemic corrective action within a prescribed time period as
determined appropriate by the Department.
.07 Annual Data Reporting.
A. Restraint and Seclusion Data Reporting.
(1) On or before December 1 each year, each public agency and
nonpublic school shall submit to the Department a report for the prior school
year on:
(a) The number of physical restraint incidents, disaggregated by
the student's jurisdiction, disability, race, gender, age, and type of
placement;
(b) The number of physical restraint incidents for each student
who had at least one physical restraint or seclusion incident, disaggregated by
jurisdiction, disability, race, gender, age, and type of placement;
(c) For nonpublic schools, the number of seclusion incidents,
disaggregated by the student's jurisdiction, disability, race, gender, and age;
and
(d) For nonpublic schools, the number of seclusion incidents for
each student who had at least one physical restraint or seclusion incident,
disaggregated by jurisdiction, disability, race, gender, and age.
(2) To determine the number of incidents for the report required
under §A(1) of this regulation:
(a) A seclusion incident shall be considered ended if at any
point during the incident the student is no longer prevented from leaving or is
removed from a room, an enclosure, or other space; and
(b) If, after a seclusion incident has ended in accordance with
§A(2)(a) of this regulation, the public agency or nonpublic school determines
that it is necessary to place the student in seclusion again, the subsequent
confinement of the student in a room, enclosure, or other space shall be
considered a separate incident.
(3) On or before December 1 each year, each nonpublic school shall:
(a) Personally observe and review seclusion rooms to ensure
compliance with Regulation .05B(4) of this chapter;
(b) Review training plans for the use of seclusion with
Regulation .06C of this chapter; and
(c) Report to the Department regarding findings made under
§A(3)(a) and (b) of this regulation.
(4) The Department shall verify the accuracy of a report from
any public agency or nonpublic school that reports no physical restraint or
seclusion incidents under §A(1) of this regulation.
(5) If the Department is unable to verify the accuracy of a
report submitted by a public agency or nonpublic school, the Department shall
make recommendations for improvements in data collection and positive
behavioral interventions at the public agency or nonpublic school.
B. Positive Behavioral Interventions Data Reporting. On or
before December 1 each year, each public agency and nonpublic school shall
submit to the Department a report on steps taken to encourage positive
behavioral interventions, including:
(1) The professional
development provided to designated school personnel related to positive
behavioral interventions, strategies, and supports and trauma-informed
interventions for the prior school year;
(2) For nonpublic schools,
the policy changes made to further reduce the use of seclusion incidents during
the prior school year; and
(3) The policy changes or new
professional development opportunities designed to further increase positive
behavioral interventions and reduce physical restraint or seclusion incidents in
the upcoming school year.
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY
14.22.02 Criminal Offenses and Seriousness Categories
Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland
Notice of Proposed Action
[23-177-P]
The Maryland State Commission on Criminal Sentencing Policy
proposes to amend Regulation .02
under COMAR 14.22.02 Criminal Offenses
and Seriousness Categories. This action was considered at an open meeting
on July 11, 2023, notice of which was published in the June 16, 2023, edition
of the Maryland Register.
Statement of Purpose
The purpose of this action is to modify the table of seriousness categories (guidelines offense table) in Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories. The modifications include (1) the addition of new and revised offenses from the 2023 Legislative Session, (2) the addition of several previously unclassified offenses, (3) revised seriousness categories for select subsequent drug offenses, (4) replacing all instances of “inmate” with “incarcerated individual,” and (5) minor edits to the table.
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 David Soule, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Rd., Suite 309, College Park, MD 20740, or call 301-403-4165, or email to dsoule@umd.edu. Comments will be accepted through October 10, 2023. A public hearing has not been scheduled.
.02 Seriousness Categories.
|
|
Offense Literal |
CJIS |
Source |
Felony or |
Max |
Min |
Offense Type |
Ser. Category |
Fine |
|
1 |
Abuse and Other Offensive
Conduct |
1-1108 |
CR, §3-601(b)(2)(ii) |
Felony |
40Y ♦ |
|
Person |
II |
|
|
1-1 |
Abuse and Other Offensive
Conduct |
1-1109 |
CR, §3-601(b)(2)(iii) |
Felony |
LIFE ♦ |
|
Person |
I |
|
|
1-2 |
Abuse and Other Offensive
Conduct |
|
CR, §3-601(c)(1) |
Felony |
25Y ♦♦ |
|
Person |
II |
|
|
[1-2]1-3 |
Abuse and Other Offensive
Conduct |
|
CR, §3-601(c)(2) |
Felony |
LIFE ♦♦ |
|
Person |
I |
|
|
2—30-1 (text unchanged) |
|||||||||
|
30-2 |
Assault and Other Bodily Woundings |
1-1435 |
CR, §3-210 |
Felony |
25Y ♦ |
|
Person |
III |
|
|
30-3 |
Assault and Other Bodily Woundings |
1-1440 |
CR, §3-210 |
Misd. |
10Y |
|
Person |
V |
$2,500 |
|
30-4 |
Assault and Other Bodily Woundings |
1-0222 |
CR, §3-205 |
Misd. |
10Y |
|
Person |
V |
$2,500 |
|
30-5—36-1 (text unchanged) |
|||||||||
|
36-2 |
Boating Offenses |
6-8000 |
[NR, §8-738(e)(1)(i)] NR, §8-738(e)(1)(i)(1) |
Misd. |
1Y |
|
Person |
VII |
$1,000 |
|
36-3 |
Boating Offenses |
6-8000 |
[NR, §8-738(e)(1)(ii)] NR, §8-738(e)(1)(i)(2) |
Misd. |
2Y |
|
Person |
VI |
$2,000 |
|
36-4 |
Boating Offenses |
6-8000 |
[NR, §8-738(e)(1)(iii)] NR, §8-738(e)(1)(i)(3) |
Misd. |
3Y |
|
Person |
V |
$3,000 |
|
37—52 (text unchanged) |
|||||||||
|
53 |
CDS and Paraphernalia |
|
CR, §5-602(a) |
Felony |
20Y |
|
Drug |
IIIB IIIB IIIC |
$15,000 |
|
53-1—54-1 (text unchanged) |
|||||||||
|
54-2 |
CDS and Paraphernalia |
|
CR, §5-602(a) CR, §5-603(a) CR, §5-604 CR, §5-605 CR, §5-606 CR, §5-609(b) CR, §5-609(c) CR, §5-609(d) (penalty) |
Felony |
20Y |
|
Drug |
IIIA IIIA IIIB |
$15,000 |
|
55 (text unchanged) |
|||||||||
|
55-1 |
CDS and Paraphernalia |
1-0483 |
CR, §5-627 |
Felony |
40Y |
MM*=5Y |
Drug |
[IIIB] IIIC |
$40,000 |
|
56—146-2 (text unchanged) |
|||||||||
|
146-3 |
False Statements, Other |
|
NR, §3-215(h) |
Misd. |
5Y |
|
Property |
VII |
$50,000 |
|
147—147-1 (text unchanged) |
|||||||||
|
147-2 |
False Statements, Other |
1-1781 |
CR, §9-501.1(c)(1) |
Misd. |
3Y |
|
Person |
VII |
$2,000 |
|
147-3 |
False Statements, Other |
1-1782 |
CR, §9-501.1(c)(2) |
Felony |
10Y |
|
Person |
V |
$20,000 |
|
148—176 (text unchanged) |
|||||||||
|
176-1 |
Handguns—In General |
[1-5212] 1-1783 1-1785 |
CR, §4-203(c)(2)(i) |
Misd. |
[3Y] 5Y |
30D |
Person |
[VII] VI |
$250-$2,500 |
|
177—177-1 (text unchanged) |
|||||||||
|
177-2 |
Handguns—In General |
[1-5212] 1-1783 1-1785 |
CR, §4-203(c)(2)(ii) |
Misd. |
[3Y] 5Y |
90D |
Person |
[VII] VI |
$250-$2,500 |
|
178—180 (text unchanged) |
|||||||||
|
180-1 |
Handguns—In General |
[1-1454] 1-1784 1-1786 |
CR, §4-203(c)(2)(i) |
Misd. |
[3Y] 5Y |
30D |
Person |
[VII] VI |
$250-$2,500 |
|
180-2—221 (text unchanged) |
|||||||||
|
222 |
Kidnapping and Related Crimes |
3-5730 |
[CS, §8-801(b)] CS, §8-801 |
Felony |
30Y |
|
Person |
II |
|
|
223—284 (text unchanged) |
|||||||||
|
284-1 |
Nudity and Related Sexual Displays |
2-1133 |
CS, § 8-803 |
Misd. |
3Y |
|
Person |
VI |
$1,000 |
|
285—289 (text unchanged) |
|||||||||
|
290 |
Obscene Matter |
|
[CR, §11-208(b)(2)] CR, §11-208(c)(2) |
Felony |
10Y |
|
Person |
IV |
$10,000 |
|
291—295 (text unchanged) |
|||||||||
|
296 |
Obscene Matter |
1-1756 |
[CR, §11-208(b)(1)] CR, §11-208(c)(1) |
Misd. |
5Y |
|
Person |
V |
$2,500 |
|
297—334-2 (text unchanged) |
|||||||||
|
334-3 |
Public Health and Safety, |
|
EN, §9-343(a)(1)(i) |
Misd. |
1Y |
|
Property |
VII |
$25,000 |
|
334-4 |
Public Health and Safety, |
|
EN, §9-343(a)(1)(ii) |
Misd. |
2Y |
|
Property |
VII |
$50,000 per day |
|
335 |
Public Health and Safety, |
1-5516 |
|||||||