Capitol Building

Maryland Register


Issue Date: March 17, 2017

Volume 44 • Issue 6 • Pages 311-340

IN THIS ISSUE

Governor

General Assembly

Judiciary

Regulations

Errata

Special Documents

General Notices

 

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before February 27, 2017 5 p.m.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 February 27, 2017.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

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; Fax 410-280-5647. 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.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Acting Administrator; Mary D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

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 ......................................................................  315

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  316

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury ...............................................  324

08        Department of Natural Resources ......................................  324

10        Department of Health and Mental Hygiene ................  325, 331

11        Department of Transportation ............................................  326

13A     State Board of Education ............................................  326, 330

13B     Maryland Higher Education Commission ..................  327, 330

15        Department of Agriculture .................................................  328

31        Maryland Insurance Administration ...................................  328

33        State Board of Elections .....................................................  328

 

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.

 

 

The Governor

EXECUTIVE ORDER 01.01.2017.02 .........................................  319

 

General Assembly

SYNOPSIS NO. 4 .  320

 

The Judiciary

COURT OF APPEALS OF MARYLAND ................................  323

DISCIPLINARY PROCEEDINGS ........................................  323

 

Final Action on Regulations

03  COMPTROLLER OF THE TREASURY

OFFICE OF THE COMPTROLLER

Tax Payments — Immediately Available Funds .  324

INCOME TAX

General Regulations .  324

Corporations .  324

Pass-Through Entity Nonresident Tax .  324

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Crabs .  324

Gear  325

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

HOSPITALS

Acute General Hospitals and Special Hospitals .  325

HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION
   AND ACQUIRED IMMUNODEFICIENCY
   SYNDROME (AIDS)

HIV Testing for Pregnant Women Receiving Prenatal
   Care .......................................................................................  326

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—ADMINISTRATIVE
   PROCEDURES

Payment by Check .  326

13A STATE BOARD OF EDUCATION

SPECIFIC SUBJECTS

Program in Cosmetology .  326

Program for Barbers .  326

SUPPORTING PROGRAMS

Student Transportation .  326

CERTIFICATION

Administrators and Supervisors .  327

13B MARYLAND HIGHER EDUCATION COMMISSION

NONPUBLIC SCHOOLS

Minimum Requirements for Private Career Schools .  327

ACADEMIC REGULATIONS

Minimum Requirements for In-State Degree-Granting
   Institutions .  327

Registration .  327

FULLY ONLINE PROGRAMS

Registration .  327

15  DEPARTMENT OF AGRICULTURE

PESTICIDE USE CONTROL

Use and Sale of Pesticides, Certification of Pesticide
   Applicators and Pest Control Consultants, and Licensing of
   Pesticide Businesses .  328

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER
   INSURANCE PROFESSIONALS

Public Adjusters .  328

PROPERTY AND CASUALTY INSURANCE

Liability of Insurer—Failure to Act in Good Faith .  328

Liability of Insurer—Failure to Act in Good Faith .  328

LIFE INSURANCE AND ANNUITIES

Contracts on a Variable Basis .  328

Group Annuity Contracts .  328

33  STATE BOARD OF ELECTIONS

CAMPAIGN FINANCING

Authority Line Requirements; Electronic Media .  328

Independent Expenditure Requirements .  328

Prohibitions .  328

Administrative Accounts .  328

ADMINISTRATION OF PUBLIC FINANCING ACT

Eligibility Requirements and Procedures .  329

DISCLOSURE BY PERSONS DOING PUBLIC BUSINESS

Contributions .  329

 

Withdrawal of Regulations

13A STATE BOARD OF EDUCATION

SPECIFIC SUBJECTS

Education That Is Multicultural  330

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Workforce Shortage Student Assistance Grant
   Program ..  330

 

Proposed Action on Regulations

10  DEPARTMENT OF HEALTH AND MENTAL HYGIENE

HOSPITALS

Health Care Staff Agencies .  331

MEDICAL CARE PROGRAMS

Maryland Medicaid Managed Care Program: Eligibility and
   Enrollment  331

MARYLAND HEALTH CARE COMMISSION

Health Information Exchanges: Privacy and Security of
   Protected Health Information .  332

BOARD OF PHARMACY

Continuing Education for Pharmacists .  335

 

Errata

COMAR 10.22.01 and 10.22.18 .  336

COMAR 10.07.11 .  336

COMAR 10.54.03.03 .  336

 

Special Documents

DEPARTMENT OF HUMAN RESOURCES

SOCIAL SERVICES ADMINISTRATION ..  337

 

General Notices

ATHLETIC COMMISSION

Public Meeting .  338

MARYLAND STATE BOARD FOR THE
   CERTIFICATION OF RESIDENTIAL CHILD CARE
   PROGRAM PROFESSIONALS

Public Meeting .  338

Public Meeting .  338

Public Meeting .  338

Public Meeting .  338

DEPARTMENT OF THE ENVIRONMENT/AIR AND
   RADIATION MANAGEMENT ADMINISTRATION

Public Hearing .  338

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Formal Start of Review ..  338

DEPARTMENT OF HEALTH AND MENTAL
   HYGIENE/MEDICAID PHARMACY AND THERAPEUTICS
   COMMITTEE

Public Hearing .  339

HISTORIC ST. MARY'S CITY COMMISSION

Public Meeting .  339

DEPARTMENT OF INFORMATION TECHNOLOGY

Public Meeting .  339

MARYLAND INSURANCE ADMINISTRATION

Public Meeting .  339

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  339

Notice of Project Change .  339

GOVERNOR'S COMMISSION ON MARYLAND MILITARY
   MONUMENTS

Public Meeting .  339

MINORITY BUSINESS ENTERPRISE ADVISORY
   COMMITTEE

Public Meeting .  339

RACING COMMISSION

Public Meeting .  339

STATE TREASURER'S OFFICE

Public Meeting .  339

BOARD OF WELL DRILLERS

Public Meeting .  339

 

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.state.md.us, 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 JULY 21, 2017

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

March 31

March 13

March 22

March 20

April 14

March 27

April 5

April 3

April 28

April 10

April 19

April 17

May 12

April 24

May 3

May 1

May 26

May 8

May 17

May 15

June 9**

May 22

May 31

May 26

June 23

June 5

June 14

June 12

July 7

June 19

June 28

June 26

July 21

July 3

July 12

July 10

 

*   Due date for documents containing 8 to 18 pages — 48 hours before date shown; due date for documents exceeding 18 pages — 1 week before date shown

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE REVISED PAGE COUNT REFLECTS THIS FORMATTING.

** Note closing date changes

***   Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is Monday.

 

 


RegCodificationSystem

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 pertaining to proposed regulations are listed, followed by “(err)”. 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.


 


07 DEPARTMENT OF HUMAN RESOURCES

 

07.01.04.03 • 44:3 Md. R. 191 (2-3-17)

07.01.20.09 • 44:4 Md. R. 258 (2-17-17)

07.02.10.01,.02,.04,.09 • 43:26 Md. R. 1452 (12-23-16)

07.02.10.08,.18 • 43:24 Md. R. 1352 (11-28-16)

07.02.11.03,.05,.16 • 43:24 Md. R. 1353 (11-28-16)

07.02.15.01—.11 • 43:17 Md. R. 964 (8-19-16)

07.02.17.03,.04,.06—.08 • 43:17 Md. R. 968 (8-19-16)

07.02.18.02,.04,.06—.14 • 43:17 Md. R. 969 (8-19-16)

07.02.19.01—.08,.10,.12—.14,.16 • 43:17 Md. R. 971 (8-19-16)

07.03.21.12 • 44:5 Md. R. 296 (3-3-17)

07.03.22.10 • 44:5 Md. R. 296 (3-3-17)

 

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.13 • 43:16 Md. R. 903 (8-5-16)

08.03.01.01 • 43:16 Md. R. 904 (8-5-16)

08.04.16.01—.03 • 43:2 Md. R. 162 (1-22-16)

 

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.03.06.02—.27 • 44:2 Md. R. 92 (1-20-17)

09.03.09.01—.09 • 44:2 Md. R. 102 (1-20-17)

09.03.11.01,.02 • 44:2 Md. R. 104 (1-20-17)

09.03.12.01,.02 • 44:2 Md. R. 104 (1-20-17)

09.09.01.01 • 44:2 Md. R. 106 (1-20-17)

09.10.01.04,.07,.12,.17,.22,.23,.29,.36,.37,.54,
     .58
• 44:2 Md. R. 106 (1-20-17)

09.10.03.02 • 44:3 Md. R. 192 (2-3-17)

09.10.04.08 • 44:2 Md. R. 108 (1-20-17)

09.11.01.04,.06—.11,.13—.16,.18,.19,.21,
     .26
• 44:2 Md. R. 109 (1-20-17)

09.11.02.01 • 44:2 Md. R. 111 (1-20-17)

09.11.03.04 • 44:2 Md. R. 111 (1-20-17)

09.11.04.01—.03 • 44:2 Md. R. 111 (1-20-17)

09.11.06.01,.03,.05,.08—.10 • 44:2 Md. R. 111 (1-20-17)

09.11.07.02 • 44:2 Md. R. 111 (1-20-17)

09.11.08.01 • 44:2 Md. R. 111 (1-20-17)

09.12.43.02,.05 • 43:26 Md. R. 1453 (12-23-16)

09.13.01.01—.08 • 44:2 Md. R. 113 (1-20-17)

09.13.03.03 • 44:2 Md. R. 113 (1-20-17)

09.13.05.03 • 44:2 Md. R. 114 (1-20-17)

09.13.08.02—.10,.12,.16—.17 • 44:2 Md. R. 115 (1-20-17)

09.14.01.02 • 44:2 Md. R. 118 (1-20-17)

09.14.04.04,.10 • 44:2 Md. R. 119 (1-20-17)

09.14.06.10 • 44:2 Md. R. 119 (1-20-17)

09.14.08.04 • 44:2 Md. R. 120 (1-20-17)

09.15.01.01 • 44:2 Md. R. 120 (1-20-17)

09.15.02.01,.06—.11 • 44:2 Md. R. 121 (1-20-17)

09.16.01.06—.08,.10 • 44:2 Md. R. 122 (1-20-17)

09.17.01.02 • 44:2 Md. R. 122 (1-20-17)

09.19.07.01 • 44:3 Md. R. 192 (2-3-17)

09.20.02.02,.07,.11 • 44:2 Md. R. 123 (1-20-17)

09.21.04.03 • 44:2 Md. R. 123 (1-20-17)

09.22.01.05—.16 • 44:2 Md. R. 124 (1-20-17)

09.23.04.03 • 44:2 Md. R. 125 (1-20-17)

09.24.01.09 • 44:1 Md. R. 17 (1-6-17)

09.29.01.01—.06 • 44:2 Md. R. 126 (1-20-17)

09.32.01.05,.12,.15-1,.16,.24 • 44:3 Md. R. 193 (2-3-17)

09.32.01.18 • 44:3 Md. R. 194 (2-3-17)

09.32.01.21 • 44:3 Md. R. 195 (2-3-17)

09.32.02.04 • 44:3 Md. R. 197 (2-3-17)

09.32.02.05,.08,.09,.10 • 44:3 Md. R. 197 (2-3-17)

09.32.02.13 • 44:3 Md. R. 198 (2-3-17)

09.32.02.14 • 44:3 Md. R. 199 (2-3-17)

09.32.10.05 • 44:3 Md. R. 200 (2-3-17)

09.32.11.02 • 44:3 Md. R. 201 (2-3-17)

09.34.01.05 • 44:2 Md. R. 127 (1-20-17)

09.34.01.06 • 44:2 Md. R. 128 (1-20-17)

09.34.02.03 • 44:2 Md. R. 129 (1-20-17)

09.35.02.02,.03 • 43:21 Md. R. 1170 (10-14-16)

09.35.04.10 • 44:2 Md. R. 130 (1-20-17)

09.36.02.01 • 44:2 Md. R. 130 (1-20-17)

09.38.01.01 • 43:18 Md. R. 1022 (9-2-16)

 

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01—08 (1st volume)

 

10.01.01.01—.11 • 44:2 Md. R. 131 (1-20-17)

10.06.01.01,.02,.17,.18 • 43:26 Md. R. 1458 (12-23-16)

10.07.03.05 • 44:6 Md. R. 331 (3-17-17)

10.07.04.01—.10,.12—.22 • 44:5 Md. R. 297 (3-3-17)

 

 

     Subtitle 09 (2nd volume)

 

10.09.01.01—.10 • 43:26 Md. R. 1462 (12-23-16)

10.09.06.01—.18 • 43:26 Md. R. 1464 (12-23-16)

10.09.08.04 • 43:26 Md. R. 1487 (12-23-16)

10.09.21.01—.11 • 43:26 Md. R. 1462 (12-23-16)

10.09.24.08-2 • 43:26 Md. R. 1488 (12-23-16)

10.09.39.01—.10 • 43:26 Md. R. 1462 (12-23-16)

10.09.62.01 • 43:26 Md. R. 1489 (12-23-16)

10.09.63.01 • 44:6 Md. R. 331 (3-17-17)

10.09.67.28 • 43:26 Md. R. 1489 (12-23-16)

10.09.68.01—.03 • 43:26 Md. R. 1489 (12-23-16)

10.09.76.01—.11 • 43:26 Md. R. 1489 (12-23-16)

10.09.77.04,.06 • 43:26 Md. R. 1487 (12-23-16)

10.09.80.01,.05,.06,.08 • 43:25 Md. R. 1402 (12-9-16)

10.09.92.01—.14 • 43:26 Md. R. 1464 (12-23-16)

10.09.93.01—.16 • 43:26 Md. R. 1464 (12-23-16)

10.09.94.01—.13 • 43:26 Md. R. 1464 (12-23-16)

10.09.95.01—.13 • 43:26 Md. R. 1464 (12-23-16)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.10.13.02—.04,.12—.18,.20,.21,
     .23—.27
• 44:1 Md. R. 23 (1-6-17)

10.18.04.01—.03 • 43:26 Md. R. 1458 (12-23-16)

10.21.25.03-2,.05—.13 • 43:19 Md. R. 1077 (9-16-16)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.19.01 • 43:18 Md. R. 1027 (9-2-16) (ibr)

10.25.02.02 • 44:3 Md. R. 201 (2-3-17)

10.25.03.02 • 44:3 Md. R. 202 (2-3-17)

10.25.18.02,.03,.08,.09,.12 • 44:6 Md. R. 332 (3-17-17)

10.27.01.02 • 44:2 Md. R. 131 (1-20-17)

10.29.09.02—.06,.11,.14 • 43:26 Md. R. 1492 (12-23-16)

10.29.15.02—.05,.07,.08 • 43:26 Md. R. 1494 (12-23-16)

10.34.18.03 • 44:6 Md. R. 335 (3-17-17)

 

     Subtitles 37—65 (5th Volume)

 

10.38.12.01—.04 • 43:23 Md. R. 1287 (11-14-16)

10.44.23.01—.04 • 44:2 Md. R. 134 (1-20-17) (ibr)

10.52.01.01—.09 • 44:1 Md. R. 36 (1-6-17)

10.52.12.03—.15 • 44:1 Md. R. 23 (1-6-17)

10.58.16.01—.18 • 44:2 Md. R. 135 (1-20-17)

10.62.01.01 • 43:22 Md. R. 1245 (10-28-16)

10.62.08.03,.05—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.09.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.12.02 • 43:22 Md. R. 1245 (10-28-16)

10.62.15.04—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.19.02,.04—.06 • 43:22 Md. R. 1245 (10-28-16)

10.62.20.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.22.02 • 43:22 Md. R. 1245 (10-28-16)

10.62.25.03,.05—.07 • 43:22 Md. R. 1245 (10-28-16)

10.62.26.03 • 43:22 Md. R. 1245 (10-28-16)

10.62.28.02 • 43:22 Md. R. 1245 (10-28-16)

10.63.07.01—.12 • 44:1 Md. R. 43 (1-6-17)

 

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.01.18.01,.02 • 43:22 Md. R. 1251 (10-28-16)

 

     Subtitles 11—22 (MVA)

 

11.11.05.03 • 44:2 Md. R. 141 (1-20-17)

11.17.09.01—.07 • 44:2 Md. R. 141 (1-20-17)

 

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.01,.16 • 43:26 Md. R. 1500 (12-23-16)

 

 

13A STATE BOARD OF EDUCATION

 

13A.05.10.01—.03 • 44:2 Md. R. 144 (1-20-17)

13A.07.11.01—.05 • 43:10 Md. R. 595 (5-13-16) (ibr)

 

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.04.02 • 44:2 Md. R. 146 (1-20-17)

13B.06.01.02,.02-1,.04—.10 • 43:26 Md. R. 1505 (12-23-16)

13B.07.02.07 • 43:23 Md. R. 1290 (11-14-16)

13B.08.13.01—.10 • 43:8 Md. R. 506 (4-15-16)

13B.08.15.01—.16 • 43:9 Md. R. 546 (4-29-16)

 

 

14 INDEPENDENT AGENCIES

 

14.06.03.05,.06 • 42:26 Md. R. 1638 (12-28-15)

14.29.02.01,.04—.06 • 44:3 Md. R. 203 (2-3-17)

14.29.03.03 • 44:3 Md. R. 204 (2-3-17)

14.29.04.04 • 44:3 Md. R. 204 (2-3-17)

14.35.01.01,.02 • 43:18 Md. R. 1039 (9-2-16)

14.35.07 • 43:19 Md. R. 1092 (9-16-16) (err)

14.35.07.01—.21 • 43:18 Md. R. 1039 (9-2-16)

14.36.04.01,.03—.08 • 43:4 Md. R. 342 (2-19-16)

 

 

15 DEPARTMENT OF AGRICULTURE

 

15.18.09.01—.15 • 44:2 Md. R. 146 (1-20-17) (ibr)

 

 

20 PUBLIC SERVICE COMMISSION

 

20.90.01.01,.02,.04—.13,.15—.17 • 44:3 Md. R. 205 (2-3-17)

20.90.02.01,.03—.23 • 44:3 Md. R. 207 (2-3-17)

 

21 STATE PROCUREMENT REGULATIONS

 

21.02.01.04,.05 • 44:1 Md. R. 57 (1-6-17)

 

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.07.04 • 43:24 Md. R. 1361 (11-28-16)

26.11.34.02 • 44:2 Md. R. 152 (1-20-17) (ibr)

 

     Subtitles 13 — 18 (Part 3)

 

26.17.01.01,.08,.09,.11 • 44:2 Md. R. 155 (1-20-17) (ibr)

 

     Subtitles 19—27 (Part 4)

 

26.19.01.01—.61 • 43:23 Md. R. 1293 (11-14-16) (ibr)

 

 

28 OFFICE OF ADMINISTRATIVE HEARINGS

 

28.01.02.01—.03 • 44:3 Md. R. 214 (2-3-17)

 

29 DEPARTMENT OF STATE POLICE

 

29.01.02.01,.02,.11,.16 • 43:10 Md. R. 609 (5-13-16)

29.05.02.01—.08 • 43:12 Md. R. 693 (6-10-16)

 

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.08.15.03 • 43:23 Md. R. 1316 (11-14-16)

 

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.08.13 • 44:3 Md. R. 220 (2-3-17) (err)

31.08.13.01—.06 • 44:2 Md. R. 156 (1-20-17)

31.08.13.03,.04,.06 • 43:20 Md. R. 1146 (9-30-16)

 

 

33 STATE BOARD OF ELECTIONS

 

33.01.01.01 • 43:4 Md. R. 345 (2-19-16)

33.05.04.05 • 43:4 Md. R. 346 (2-19-16)

33.16.01.01 • 43:4 Md. R. 346 (2-19-16)

33.16.02.05 • 43:4 Md. R. 346 (2-19-16)

33.16.03.01,.02 • 43:4 Md. R. 346 (2-19-16)

33.16.04.01 • 43:4 Md. R. 346 (2-19-16)

33.16.05.03,.04 • 43:4 Md. R. 346 (2-19-16)

33.16.06.01 • 43:4 Md. R. 346 (2-19-16)

 

 

34 DEPARTMENT OF PLANNING

 

34.01.02.04 • 44:3 Md. R. 215 (2-3-17)

34.02.01.01,.02,.04,.05,.11,.12 • 44:3 Md. R. 215 (2-3-17)

34.03.02.01 • 44:3 Md. R. 216 (2-3-17)

34.03.03.02 • 44:3 Md. R. 217 (2-3-17)

34.04.01.05,.06 • 44:3 Md. R. 217 (2-3-17)

34.04.02.05 • 44:3 Md. R. 218 (2-3-17)

34.04.04.01 • 44:3 Md. R. 218 (2-3-17)

34.04.08.01,.02 • 44:3 Md. R. 219 (2-3-17)

 

35 DEPARTMENT OF VETERANS’ AFFAIRS

 

35.03.01.05 • 43:26 Md. R. 1515 (12-23-16)

 

 


The Governor

EXECUTIVE ORDER 01.01.2017.02

Executive Order Regarding the Heroin, Opioid, and Fentanyl Overdose Crisis Declaration of Emergency

 

WHEREAS, The State of Maryland is subject to an emergency as defined in Section 14-101(c) of the Public Safety Article of the Code of Maryland;

 

WHEREAS, Heroin and opioid abuse is an illness that threatens the well-being, productivity, livelihood, and relationships of Marylanders;

 

WHEREAS, Heroin and opioid use has tripled nationwide in the last 12 months, with approximately 27 million users across the country;

 

WHEREAS, The increased abuse of fentanyl, a potent synthetic opioid pain medication, which is being mixed with heroin, cocaine, and other narcotics, has resulted in sharply increased deaths during the past two years creating a crisis that requires an immediate response;

 

WHEREAS, Since 2015, the State has taken steps to combat the growing number of overdoses and deaths stemming from the heroin, opioid, and fentanyl crisis, including the establishment of the Heroin and Opioid Emergency Task Force (EO 01.01.2015.12) to study and make recommendations, the Inter-Agency Heroin and Opioid Coordinating Council (EO 01.01.2015.13) to facilitate coordination among State agencies, and the Opioid Operational Command Center (EO 01.01.2017.01) to implement State policies and adopt memoranda of understanding with local agencies;

 

WHEREAS, The Heroin and Opioid Emergency Task Force recommended 33 proposals to combat the heroin, opioid, and fentanyl crisis, which are being rapidly implemented throughout State government;

 

WHEREAS, In January 2017, Governor Hogan created the Opioid Operational Command Center to more fully and effectively coordinate federal, State, and local resources;

 

WHEREAS, The preliminary information collected by and provided to the Opioid Operational Command Center reflects an immediate emergency caused by the acceleration of the heroin, opioid, and fentanyl crisis;

 

WHEREAS, Recognizing the need for urgent and expeditious action, the Maryland Emergency Management Agency provides a proven operational infrastructure to effectively deal with this crisis by enhancing the cooperation between State agencies and local emergency management personnel; and

 

WHEREAS, In order to facilitate the deployment of requisite resources to and in order to implement the emergency powers of the Governor to curb further heroin, opioid, and fentanyl overdoses and resulting deaths, an Executive Order of the Governor is appropriate.

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND BASED ON THE ABOVE FINDINGS, DECLARE THAT A STATE OF EMERGENCY EXISTS WITHIN THE ENTIRE STATE OF MARYLAND PERTAINING TO THE NEED TO CONTROL AND ELIMINATE THE HEROIN, OPIOID, AND FENTANYL OVERDOSE CRISIS.

 

In response to this public health emergency, the following measures are enacted:

A. The Governor will assign an individual in the Executive Branch to the Maryland Emergency Management Agency who will be designated to administer the Governor’s authority under the Maryland Emergency Management Agency Act and operationally address the heroin, opioid, and fentanyl overdose crisis (the “Crisis”), including:

(1) Directing the Maryland Emergency Management

Agency, the Maryland State Police, the Maryland Department of Health and Mental Hygiene, the Governor’s Office of Crime Control and Prevention, and/or any other appropriate State agency or unit, including the Heroin and Opioid Emergency Task Force, the Interagency Heroin and Opioid Coordination Council, and the Opioid Operational Command Center, to assist, engage, deploy, and coordinate available resources to address the Crisis;

(2) Coordinating the preparation of plans, programs, and infrastructure for emergency management operations of the local political subdivisions of the State, employing their social service, law enforcement, and public health functions;

(3) Instituting public information and awareness programs;

(4) Authorizing the procurement of supplies and equipment necessary to control and eliminate the Crisis; and

(5) Taking other necessary steps to address this emergency.

B. This declaration shall be effective immediately, shall continue for thirty (30) days, and shall expire on March 31, 2017, unless sooner terminated or extended in writing by me.

 

Given Under My Hand and the Great Seal of the State of Maryland in the City of Annapolis, this 1st Day of March, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-06-17]

 


The General Assembly

For additional up-to-date information concerning bills introduced in the General Assembly, log on to http://mlis.state.md.us and click on Bill Information and Status.  You may then enter a specific bill number for information about that bill.  You may also click on Senate Synopsis or House Synopsis for the most recent synopsis list for each house, or click on Synopsis Index for a listing of all bill synopses since the beginning of the legislative session.

 


SYNOPSIS NO. 4

House Bills

HB1580  Del B. Barnes.  State Retirement Agency - Investment Division Personnel.

HB1581  Del Hayes, et al.  Creation of a State Debt - Baltimore City - Center Stage.

HB1582  Del Luedtke, et al.  Alcoholic Beverages - Family Beer and Wine Facility Permit.

HB1583  Dels Ali and Kaiser.  Income Tax - Earned Income Tax Credit - Notice of Availability.

HB1584  Del Angel.  Maryland Dentistry Act - Scope of Practice and Penalties for Violations.

HB1585  Del Szeliga, et al.  Baltimore County - Alcoholic Beverages - Sunday Sales.

HB1586  Del Lisanti.  Department of Commerce - Employment in the State's Defense Industry - Army Alliance Study.

HB1587  Washington County Delegation.  Community Colleges - Out-of-State Fee - Waiver for Border State Residents.

HB1588  Dels Fennell and Tarlau.  Creation of a State Debt - Prince George's County - St. Ann's Center for Children, Youth and Families.

HB1589  Del Busch.  Creation of a State Debt - Anne Arundel County - Historic Annapolis Museum.

HB1590  Del Frick.  State Government - Creation and Maintenance of Religious Registry - Prohibitions and Immunity for Refusal to Provide Information.

HB1591  Del Hayes, et al.  Creation of a State Debt - Baltimore City - Sellers Mansion.

HB1592  Del Jameson, et al.  Local Jurisdictions - Zoning Authority - Generating Stations.

HB1593  Dels Gaines and Healey.  Creation of a State Debt - Prince George's County - Transit Oriented Development Public Art Projects.

HB1594  Del Gaines, et al.  Creation of a State Debt - Prince George's County - Maryland Multicultural Youth Centers.

HB1595  Dels Jones and McIntosh.  Baltimore City Community College - Restructuring.

HB1596  Del Branch, et al.  Creation of a State Debt - Baltimore City - Roberta's House.

HB1597  Del Jacobs, et al.  Creation of a State Debt - Kent County - Echo Hill Outdoor School.

HB1598  Del Gutierrez, et al.  Creation of a State Debt - Montgomery County - A Wider Circle Community Service Center.

HB1599  Del Morgan.  Nursing Homes - Partial Payment for Services Provided.

HB1600  Del Jones.  State Board of Cosmetologists - License Renewal - Continuing Education.

HB1601  Del Beidle.  Anne Arundel County - Alcoholic Beverages - Class B Beer, Wine, and Liquor Licenses - Fees.

HB1602  Del Kipke.  Public Health - Vital Records - Fees.

HB1603  Dels Atterbeary and Ebersole.  Education - County Boards of Education - Removal of County Superintendents.

HB1604  Howard County Delegation.  Howard County - Transfer Tax Exemption and Rate Reduction - Law Enforcement Officers and Fire and Rescue Services Members Ho. Co. 17-17.

HB1605  Del Sydnor, et al.  Election Law - Voting System - Optical Scanners in Baltimore County.

HB1606  Dels Cassilly and Reilly.  Creation of a State Debt - Harford County - Hosanna School Museum.

HB1607  Dels Cassilly and Reilly.  Creation of a State Debt - Harford County - Miracle League of Harford County.

HB1608  Del Otto, et al.  Somerset County - Community College - Eligibility of Students to Pay No Tuition or Fees.

HB1609  Dels Carozza and Otto.  State Boat Act - Vessel Operation - Prohibition When Individual on the Bow, Gunwale, or Transom.

HB1610  Del West.  Public Health - Generic Drugs and Medical Supplies Purchasing Cooperative Workgroup.

HB1611  Del Haynes.  Creation of a State Debt - Baltimore City - Hopework CDC Youth and Family Service Center.

HB1612  Del Haynes.  Creation of a State Debt - Baltimore City - Payne Memorial Outreach Community Youth Center.

HB1613  Del Morales.  Individuals With Disabilities - Establishing Community-Based Long-Term Services and Supports (Maryland Disability Integration Act).

HB1614  Del Morales, et al.  Maryland Fair Scheduling, Wages, and Benefits Act.

HB1615  Del Morales, et al.  Maryland Fair Scheduling Act.

HB1616  Del Gutierrez, et al.  Creation of a State Debt - Montgomery County - Halpine Hamlet Community Center.

HB1617  Del Jackson, et al.  State Personnel - Collective Bargaining - State Institutions of Higher Education.

HB1618  Dels Flanagan and P. Young.  Sales and Use Tax - Tax-Free Weekend - Ellicott City and Ellicott's Mills Historic Districts.

HB1619  Del Clippinger.  Maryland Stadium Authority - Maryland Sports and Affiliated Foundations - Establishment.

HB1620  Del McKay.  Creation of a State Debt - Washington County - Hancock Community Pool.

HB1621  Del McMillan, et al.  Creation of a State Debt - Anne Arundel County - Arundel Lodge.

HB1622  Prince George's County Delegation.  Prince George's County Board of Education - Academic Revitalization and Management Effectiveness Initiative - Repeal PG 401-17.

HB1623  Del Sample-Hughes, et al.  Home Sprinkler and Fire Safety Assistance Fund.

HB1624  Del Sample-Hughes, et al.  University of Maryland Eastern Shore - State Matching Funds for Land-Grant Institutions.

HB1625  Del Ali, et al.  Environment - Reduction of Lead Risk in Housing - Blood Lead Level.

HB1626  Del Ali, et al.  Election Law - Early Voting - Registered Voter Updating the Voter's Address on an Existing Registration.

HB1627  Del A. Miller, et al.  Creation of a State Debt - Montgomery County - Madison Fields Therapeutic Equestrian Center.

HB1628  Dels P. Young and Sydnor.  Creation of a State Debt - Baltimore County - Maryland Council for Special Equestrians.

HB1629  Dels Beitzel and Carey.  Natural Resources - Hunting Licenses - Fox Hunting and Chasing.

HB1630  Howard County Delegation.  Creation of a State Debt - Howard County - Tau Pi Mentoring Program Ho. Co. 25-17.

HB1631  The Spkr and Del Jones.  Public Ethics Law - Conflicts of Interest and Financial Disclosure Statements.

HB1632  Dels Kipke and Kelly.  Public Health - Certificates of Birth - Births Outside an Institution.

HB1633  Del J. Lewis, et al.  Creation of a State Debt - Prince George's County - Capitol Heights Municipal Multiservice Center.

HB1634  Del Ali, et al.  Baltimore City Board of School Commissioners - Public School System - Reports.

HB1635  Del Ali, et al.  Baltimore Police Department - Reporting on Community Policing.

HB1636  Prince George's County Delegation.  Prince George's County - School Facilities and Public Safety Surcharges - Maryland Transit Administration Station PG 430-17.

HB1637  Del Haynes.  Creation of a State Debt - Baltimore City - Bon Secours Youth Development Center.

HB1638  Del Haynes.  Employee Ownership Trusts.

HB1639  Del S. Howard, et al.  Creation of a State Debt - Anne Arundel County - Mandrin Inpatient Care Center.

HB1640  Del Glenn, et al.  Creation of a State Debt - Baltimore City - Historic Diamond Press Building.

HB1641  Del Lam.  Corporations and Associations - Nonprofit Corporations - Legislative Advocacy.

HB1642  Del Flanagan.  Unemployment Insurance - Charge of Benefits - Waiver Due to Natural Disaster.

[17-06-20]

 

Senate Bills

SB1107  Sen Muse.  Natalie M. LaPrade Medical Cannabis Commission - Medical Cannabis Grower Licenses - Maximum.

SB1108  Sen Eckardt.  Foreclosures - Dorchester County - Certificate of Vacancy or Certificate of Property Unfit for Human Habitation.

SB1109  Sen Madaleno.  Nursing Homes - Partial Payment for Services Provided.

SB1110  Sen Pinsky.  Creation of a State Debt - Prince George's County - Maryland Multicultural Youth Centers.

SB1111  Sen Muse.  Creation of a State Debt - Prince George's County - My Sister's Keeper.

SB1112  Sen Robinson.  Creation of a State Debt - Baltimore City - Center Stage.

SB1113  Sen Nathan-Pulliam.  Creation of a State Debt - Baltimore City - Hopework CDC Youth and Family Service Center.

SB1114  Sen Ready.  Criminal Law - Life-Threatening Injury Involving a Vehicle or Vessel - Criminal Negligence.

SB1115  Sen Benson.  Maryland Homeowners Association Act - Payment Plan for Fees or Charges - Written Policy.

SB1116  Sen Benson, et al.  Maryland Fair Scheduling, Wages, and Benefits Act.

SB1117  Sen DeGrange.  Creation of a State Debt - Anne Arundel County - Resiliency and Education Center at Kuhn Hall.

SB1118  Sen Reilly.  Creation of a State Debt - Anne Arundel County - Southern High School Athletic Facilities.

SB1119  Sen Muse.  Correctional Services - Inmates - Labor.

SB1120  Sen Feldman.  Creation of a State Debt - Montgomery County - Madison Fields Therapeutic Equestrian Center.

SB1121  Sen Conway.  Election Law - Candidate for Circuit Court Judge Defeated in Primary Election.

SB1122  Sen Conway.  Alcoholic Beverages - Baltimore City - Transfer of License - Hardship Extension.

SB1123  Sen Conway.  State Lottery and Gaming Control Agency - Procurements.

SB1124  Sen Conway.  Maryland Dentistry Act - Scope of Practice and Penalties for Violations.

SB1125  Sen Klausmeier.  Video Lottery Facilities - Donation of Coins From Gaming Payouts - Expansion.

SB1126  Sens Brochin and Pinsky.  Public Health - Generic Drugs and Medical Supplies Purchasing Cooperative Workgroup.

SB1127  Sen Conway, et al.  Baltimore City Community College - Restructuring.

SB1128  Sen Astle.  Creation of a State Debt - Anne Arundel County - Mandrin Inpatient Care Center.

SB1129  Sen Mathias.  Substance Use Disorder Treatment - Licensing of Outpatient Programs and Provision of Naloxone Kits.

SB1130  Sen Mathias.  Health Insurance - Volunteer Emergency Responders - Benefits Under Blanket Policies and Contracts.

SB1131  Sen Mathias.  Somerset County - Community College - Eligibility of Students to Pay No Tuition or Fees.

SB1132  Sens Mathias and Simonaire.  Sales and Use Tax - Exemption - Sales by Nonprofit Organizations Raising Funds to Assist Veterans.

SB1133  Sen Oaks.  Election Law - Qualification of Voters - Proof of Identity.

SB1134  Sen Oaks.  Income Tax - Research and Development Credit - Start-Up Businesses.

SB1135  Sen Oaks.  Employees' Pension System - Incorrect Enrollments.

SB1136  Sen Oaks.  Anne Arundel County - State's Attorney - Annual Salary.

SB1137  Sen Oaks.  Public School Employees - Required Training on Retirement Benefits.

SB1138  Sen Zucker.  Alcoholic Beverages - Family Beer and Wine Facility Permit.

SB1139  Sen McFadden.  University of Maryland Eastern Shore - State Matching Funds for Land-Grant Institutions.

SB1140  Sen Edwards.  Creation of a State Debt - Washington County - Hancock Community Pool.

SB1141  Sen Astle, et al.  Natural Resources - Hunting Licenses - Fox Hunting and Chasing.

SB1142  Sen King, et al.  Income Tax - Corporate Headquarters Investment and Job Retention Tax Credit.

SB1143  Sens Bates and Nathan-Pulliam.  Sales and Use Tax - Tax-Free Weekend - Ellicott City and Ellicott's Mills Historic Districts.

SB1144  Sen Robinson.  Procurement Preferences - Blind Industries and Services of Maryland - Janitorial Products.

SB1145  Sen Benson.  Maryland Fair Scheduling Act.

SB1146  Sen Middleton.  Renewable Energy Portfolio Standard - Study.

SB1147  Sen Mathias.  State Boat Act - Vessel Operation - Prohibition When Individual on the Bow, Gunwale, or Transom.

SB1148  Sen Ferguson.  Maryland Stadium Authority - Maryland Sports and Affiliated Foundations - Establishment.

SB1149  Sen Oaks, et al.  Maryland Transit Administration - Free Ridership for State Employees.

SB1150  Sen Young.  Hearing- or Speech-Impaired Children - Sign Language Instruction for Parents and Guardians.

SB1151  Sen Robinson.  Creation of a State Debt - Baltimore City - Sellers Mansion.

SB1152  Sen Oaks.  Baltimore City - Table Games Proceeds - Recreational Facilities.

SB1153  Sen Oaks.  Baltimore City - Alcoholic Beverages - Class B-D-7 Licenses - Hours of Sale.

SB1154  Sen Oaks.  Criminal Law - Assault by Strangulation or Suffocation - Penalties.

SB1155  Sen Oaks.  Income Tax - Earned Income Tax Credit - Notice of Availability.

SB1156  Sen Reilly.  Health Insurance - Coverage for Male Sterilization - High-Deductible Health Plans.

SB1157  Sen Cassilly, et al.  State Highway Administration - Alfred B. Hilton Memorial Bridge - Dedication.

SB1158  Sens Middleton and Jennings.  Power Plant Research Program - Solar Generation Facilities - Pollinator-Friendly Designation.

SB1159  Sen Oaks.  Creation of a State Debt - Baltimore City - Get Involved Community Center.

SB1160  Sen Oaks.  Creation of a State Debt - Baltimore City - Progressive Education Center Playground.

SB1161  Sen Oaks.  Education - Summer Meals Expansion Grant Program - Established.

SB1162  Sen Benson.  Creation of a State Debt - Prince George's County - Capitol Heights Municipal Multiservice Center.

SB1163  Sen Peters.  Motor Vehicles - Duplicate Drivers' Licenses - Victims of Robbery.

SB1164  Sen Salling, et al.  Maryland Transportation Authority - Membership.

SB1165  Sen Waugh.  Maryland Longitudinal Data System - Student and Workforce Data Linkage - Extension of Time Limit.

SB1166  Sens Oaks and Klausmeier.  State Designations - The Preakness Stakes as the State Cultural Event.

SB1167  Cecil County Senators.  Creation of a State Debt - Cecil County - Elkton Sportsplex Campus and Performing-Visual Arts Center.

SB1168  Sen Eckardt.  Pharmacists - Administration of the Influenza Vaccination - Age Requirement.

SB1169  Sen Bates.  Unemployment Insurance - Charge of Benefits - Waiver Due to Natural Disaster.

SB1170  Howard County Senators.  Creation of a State Debt - Howard County - Tau Pi Mentoring Program Ho. Co. 25-17.

SB1171  Harford County Senators.  Harford County - Alcoholic Beverages - Waiver From School Distance Restrictions.

[17-06-21]

 


The Judiciary 

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated February 16, 2017, ELEANOR NACE, 5802 Bob Bullock Loop, Suite C1, No. 84-152, Laredo, Texas 78041, has been disbarred, effective immediately, from the further practice of law in this State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated February 16, 2017, DIANA BETH DENRICH, 5100 Buckeystown Pike, Suite 250, Frederick, Maryland 21704, has been suspended, effective immediately, from the further practice of law in this State, and her name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Opinion & Order of the Court of Appeals dated January 20, 2017, RICHARD ALLEN MOORE, II, 304 Bonhill Drive, Ft. Washington, Maryland 20744, has been indefinitely suspended, effective February 21, 2017, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated January 20, 2017, GEORGE ZACHARIAS PETROS, 5849 Allentown Road, Camp Springs, Maryland 20746, has been indefinitely suspended by consent, effective February 21, 2017, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated February 22, 2017, WILLIE JAMES MAHONE, 129-7 West Patrick Street, Frederick, Maryland 21701, has been indefinitely suspended by consent, effective immediately, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated February 28, 2017, BRANDON DAVID ROSS, 5894 Plainview Drive, Post Orange, Florida 32127, has been disbarred by consent, effective immediately, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated January 30, 2017, ROLANDO VICENTE LEE, 65 Old Solomon’s Island Road, Suite 200, Annapolis, Maryland 21401, has been suspended by consent for 120 days, effective March 1, 2017 from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated March 2, 2017, SEAN PATRICK MCMULLEN, 3423 Wake Drive, Apt. 303, Kensington, Maryland 20895, has been suspended, effective immediately, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated February 3, 2017, MARC GREGORY SNYDER, 100 International Drive, Suite 2307, Baltimore, Maryland 21202, has been indefinitely suspended by consent, effective March 6, 2017, from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[17-06-26]

 


Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 


Title 03
COMPTROLLER OF THE TREASURY

Subtitle 01 OFFICE OF THE COMPTROLLER

03.01.02 Tax Payments — Immediately Available Funds

Authority: Tax-General Article, §§2-103, 13-104, and 13-105, Annotated Code of Maryland

Notice of Final Action

[17-059-F]

On March 7, 2017, the Comptroller of the Treasury adopted amendments to Regulations .01 and .02 under COMAR 03.01.02 Tax Payments — Immediately Available Funds. This action, which was proposed for adoption in 44:2 Md. R. 86 (January 20, 2017), has been adopted as proposed.

Effective Date: March 27, 2017.

PETER FRANCHOT
Comptroller

Subtitle 04 INCOME TAX

Notice of Final Action

[17-060-F]

On March 7, 2017, the Comptroller of the Treasury adopted amendments to:

(1) Regulation .01 under COMAR 03.04.01 General Regulations;

(2) Regulation .04 under COMAR 03.04.03 Corporations; and

(3) Regulation .03 under COMAR 03.04.07 Pass-Through Entity Nonresident Tax.

This action, which was proposed for adoption in 44:2 Md. R. 87 (January 20, 2017), has been adopted as proposed.

Effective Date: March 27, 2017.

PETER FRANCHOT
Comptroller

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.03 Crabs

Authority: Natural Resources Article, §§4-215 and 4-803, Annotated Code of Maryland

Notice of Final Action

[17-050-F]

On March 8, 2017, the Secretary of Natural Resources adopted amendments to Regulations .01, .09, .11, .12, and .14 under COMAR 08.02.03 Crabs. This action, which was proposed for adoption in 44:2 Md. R. 87—89 (January 20, 2017), has been adopted with the nonsubstantive changes shown below.

Effective Date: March 27, 2017.

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:

In Regulation .01 the definition of crab net ring is modified. The new version broadens the proposed definition to allow use of additional types of crab net rings. Some crab net rings have one ring, but many have two rings, and the definition needs to reflect that both types are authorized. The proposed definition is being replaced with a more accurate definition that better describes the gear.

The change is responsive to comments received from the public and does not add any additional burden on parties subject to the regulations.

.01 Crabbing Gear.

A. (proposed text unchanged)

B. Recreational Gear—Definitions.

(1)—(2) (proposed text unchanged)

(3) "Crab net ring" means [[netting supported by one ring-shaped rim that is less than or equal to 30 inches in diameter.]] a manually operated, portable device that:

(a) Consists of:

(i) Two rings, each of a different diameter, connected by netting, where the larger of the two rings shall be less than or equal to 30 inches in diameter; or

(ii) One ring that shall be less than or equal to 30 inches in diameter, connected to netting;

(b) When baited and lowered to the bottom, lies flat on the bottom; and

(c) When pulled to the surface, forms a deep pocket out of the netting.

(4)—(8) (proposed text unchanged)

C. (proposed text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.25 Gear

Authority: Natural Resources Article, §§4-221 and 4-701.1, Annotated Code of Maryland

Notice of Final Action

[17-049-F]

On March 8, 2017, the Secretary of Natural Resources adopted amendments to Regulations .01—.03 and new Regulation .04 under COMAR 08.02.25 Gear. This action, which was proposed for adoption in 44:2 Md. R. 89—92 (January 20, 2017), has been adopted with the nonsubstantive changes shown below.

Effective Date: March 27, 2017.

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:

In Regulation .02 the use of dip nets is modified. The new version clarifies the intent of the regulation with regard to how and where dip nets may be used in nontidal waters. The new version more accurately describes the areas and fisheries in which dip net use is allowed.

The change is responsive to comments received from the public and does not add any additional burden on parties subject to the regulations.

.02 Recreational Gear — Nontidal Waters.

A.—C. (proposed text unchanged)

D. Nets.

(1)—(5) (proposed text unchanged)

[[(6) Dip nets may be used in nontidal waters only to catch carp, catfish, Northern snakehead, and suckers from areas of the Potomac River, Monocacy River, and Conococheague Creek that lie within Allegany, Carroll, Frederick, and Washington counties.]]

(6) Dip nets:

(a) May be used in areas of the Potomac River, Monocacy River, and Conococheague Creek that lie within Allegany, Carroll, Frederick, and Washington counties to catch the following fish species:

(i) Carp;

(ii) Catfish;

(iii) Northern snakehead; and

(iv) Suckers; and

(b) May not be used in any other area or to catch any other species.

(7) (proposed text unchanged)

E.F. (proposed text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 07 HOSPITALS

10.07.01 Acute General Hospitals and Special Hospitals

Authority: Health-General Article, §§19-308 and 19-308.6; Public Safety Article, §14-110.1; Annotated Code of Maryland

Notice of Final Action

[16-334-F]

On February 22, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulation .01 and new Regulation .31 under COMAR 10.07.01 Acute General Hospitals and Special Hospitals. This action, which was proposed for adoption in 43:26 Md. R. 1460—1462 (December 23, 2016), has been adopted with the nonsubstantive changes shown below.

Effective Date: March 27, 2017.

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 .31E(4)(f): The change requiring a palliative care program to include the availability of hospice services in its patient's plan of care is in response to a comment and is not substantive because this change:

(1) Could have reasonably been anticipated given the needs of some palliative care program patients; and

(2) Does not increase in any significant way the burdens placed on the palliative care program.

.31 Hospital Palliative Care Programs.

A.D. (proposed text unchanged)

E. Interdisciplinary Plan of Care.

(1)(3) (proposed text unchanged)

(4) Contents. The hospital shall ensure that the palliative care patient’s plan of care includes at a minimum:

(a)(e) (proposed text unchanged)

(f) Availability of hospice services;

[[(f)]] (g)[[(j)]] (k) (proposed text unchanged)

(5)(6) (proposed text unchanged)

F.J. (proposed text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 18 HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS)

10.18.09 HIV Testing for Pregnant Women Receiving Prenatal Care

Authority: Health-General Article, §§18-102, 18-201.1, 18-202.1, 18-205, 18-207, 18-208, 18-336, 18-337, 18-338.2, and 20-102, Annotated Code of Maryland

Notice of Final Action

[17-018-F]

On February 27, 2017, the Secretary of Health and Mental Hygiene adopted amendments to Regulations .01 and .02, the repeal of existing Regulations .03 — .07, new Regulations .03—.05, and amendments to and the recodification of existing Regulation .08 to be Regulation .06 under COMAR 10.18.09 HIV Testing for Pregnant Women Receiving Prenatal Care. This action, which was proposed for adoption in 44:1 Md. R. 31—34 (January 6, 2017), has been adopted as proposed.

Effective Date: March 27, 2017.

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 11 MOTOR VEHICLE ADMINISTRATION—ADMINISTRATIVE PROCEDURES

11.11.01 Payment by Check

Authority: Transportation Article, §12-104(b), Annotated Code of Maryland

Notice of Final Action

[17-034-F]

On March 7, 2017, the Administrator of the Motor Vehicle Administration adopted amendments to Regulations .01, .03, and .04 and the repeal of Regulation .02 under COMAR 11.11.01 Payment by Check. This action, which was proposed for adoption in 44:2 Md. R. 140—141 (January 20, 2017), has been adopted as proposed.

Effective Date: March 27, 2017.

CHRISTINE NIZER
Administrator

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 04 SPECIFIC SUBJECTS

13A.04.19 Program in Cosmetology

Authority: Business Occupations and Professions Article, §§5-301—5-305, 5-509, 5-523, and 5-608; Education Article, §§21-201—21-203; Annotated Code of Maryland

Notice of Final Action

[16-341-F]

On February 28, 2017, the Maryland State Board of Education adopted amendments to Regulations .01—.09 under COMAR 13A.04.19 Program in Cosmetology. This action, which was proposed for adoption in 43:26 Md. R. 1502—1503 (December 23, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 04 SPECIFIC SUBJECTS

13A.04.20 Program for Barbers

Authority: Business Occupations and Professions Article, §§4-301, 4-302, 4-511, and 4-514; Education Article, §§21-201—21-203; Annotated Code of Maryland

Notice of Final Action

[16-342-F]

On February 28, 2017, the Maryland State Board of Education adopted amendments to Regulations .02, .04, .05, and .07 under COMAR 13A.04.20 Program for Barbers. This action, which was proposed for adoption in 43:26 Md. R. 1503 (December 23, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 06 SUPPORTING PROGRAMS

13A.06.07 Student Transportation

Authority: Education Article, §§2-205, 5-205, and 8-410, Annotated Code of Maryland

Notice of Final Action

[16-356-F]

On February 28, 2017, the Maryland State Board of Education adopted amendments to Regulations .01, .08, .09, and .10 under COMAR 13A.06.07 Student Transportation. This action, which was proposed for adoption in 43:26 Md. R. 1503—1505 (December 23, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Subtitle 12 CERTIFICATION

13A.12.04 Administrators and Supervisors

Authority: Education Article, §§2-205, 2-303(g), and 6-701—6-705, Annotated Code of Maryland

Notice of Final Action

[16-343-F]

On March 2, 2017, the Professional Standards and Teacher Education Board adopted amendments to Regulation .04 under COMAR 13A.12.04 Administrators and Supervisors. This action, which was proposed for adoption in 43:26 Md. R. 1505 (December 23, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 01 NONPUBLIC SCHOOLS

13B.01.01 Minimum Requirements for Private Career Schools

Authority: Education Article, §§11-105(u) and 11-201, Annotated Code of Maryland

Notice of Final Action

[16-324-F]

On February 13, 2017, the Maryland Higher Education Commission adopted amendments to Regulations .03 and .15 under COMAR 13B.01.01 Minimum Requirements for Private Career Schools. This action, which was proposed for adoption in 43:25 Md. R. 1421—1422 (December 9, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Subtitle 02 ACADEMIC REGULATIONS

13B.02.02 Minimum Requirements for In-State Degree-Granting Institutions

Authority: Education Article, §§11-105(u), 11-201, and 11-202, Annotated Code of Maryland

Notice of Final Action

[16-312-F]

On February 13, 2017, the Maryland Higher Education Commission adopted amendments to Regulation .08 under COMAR 13B.02.02 Minimum Requirements for In-State Degree-Granting Institutions. This action, which was proposed for adoption in 43:25 Md. R. 1422—1423 (December 9, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Subtitle 05 FULLY ONLINE PROGRAMS

13B.05.01 Registration

Authority: Education Article, §§11-105(u), 11-202(a), and 11-202.2, Annotated Code of Maryland

Notice of Final Action

[16-311-F]

On February 13, 2017, the Maryland Higher Education Commission adopted amendments to Regulation .05 under COMAR 13B.05.01 Registration. This action, which was proposed for adoption in 43:25 Md. R. 1423 (December 9, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Subtitle 05 FULLY ONLINE PROGRAMS

13B.05.01 Registration

Authority: Education Article, §§11-105(u) and 11-202.2, Annotated Code of Maryland

Notice of Final Action

[16-313-F]

On February 13, 2017, the Maryland Higher Education Commission adopted amendments to Regulation .06 under COMAR 13B.05.01 Registration. This action, which was proposed for adoption in 43:25 Md. R. 1424 (December 9, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

JAMES D. FIELDER, JR., Ph.D.
Secretary of Higher Education

 

Title 15
DEPARTMENT OF AGRICULTURE

Subtitle 05 PESTICIDE USE CONTROL

15.05.01 Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses

Authority: Agriculture Article, §§5-105, 5-106, and 5-204, Annotated Code of Maryland

Notice of Final Action

[16-243-F]

On February 27, 2017, the Secretary of Agriculture adopted amendments to Regulation .02 under COMAR 15.05.01 Use and Sale of Pesticides, Certification of Pesticide Applicators and Pest Control Consultants, and Licensing of Pesticide Businesses. This action, which was proposed for adoption in 43:19 Md. R. 1088—1089 (September 16, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

JOSEPH BARTENFELDER
Secretary of Agriculture

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.18 Public Adjusters

Authority: Insurance Article, §§2-209 and 10-408, Annotated Code of Maryland

Notice of Final Action

[17-007-F]

On February 24, 2017, the Insurance Commissioner adopted new Regulations .01—.03 under a new chapter, COMAR 31.03.18 Public Adjusters. This action, which was proposed for adoption in 44:1 Md. R. 58—59 (January 6, 2017), has been adopted as proposed.

Effective Date: April 1, 2017.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Subtitle 08 PROPERTY AND CASUALTY INSURANCE

Notice of Final Action

[17-004-F]

On February 24, 2015, the Insurance Commissioner adopted:

(1) The repeal of existing Regulations .01—.07 under COMAR 31.08.11 Liability of Insurer—Failure to Act in Good Faith; and

(2) New Regulations .01—.07 under COMAR 31.15.15 Liability of Insurer—Failure to Act in Good Faith.

This action, which was proposed for adoption in 44:1 Md. R. 59—62 (January 6, 2017), has been adopted as proposed.

Effective Date: March 27, 2017.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Subtitle 09 LIFE INSURANCE AND ANNUITIES

Notice of Final Action

[17-003-F]

On February 24, 2017, the Insurance Commissioner adopted amendments to:

(1) The authority line under COMAR 31.09.04 Contracts on a Variable Basis; and

(2) The authority line under COMAR 31.09.08 Group Annuity Contracts.

This action, which was proposed for adoption in 44:1 Md. R. 62 (January 6, 2017), has been adopted as proposed.

Effective Date: March 27, 2017.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Title 33
STATE BOARD OF ELECTIONS

Subtitle 13 CAMPAIGN FINANCING

Notice of Final Action

[16-307-F]

On February 23, 2017, the State Board of Elections adopted:

(1) Amendments to Regulation .06 under COMAR 33.13.07 Authority Line Requirements; Electronic Media;

(2) New Regulations .06 and .07 under COMAR 33.13.08 Independent Expenditure Requirements;

(3) Amendments to Regulations .02 and .03 and new Regulation .04 under COMAR 33.13.10 Prohibitions; and

(4) New Regulation .08 under COMAR 33.13.13 Administrative Accounts.

This action, which was proposed for adoption in 43:24 Md. R. 1367—1368 (November 28, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

LINDA H. LAMONE
State Administrator of Elections

 

Subtitle 14 ADMINISTRATION OF PUBLIC FINANCING ACT

33.14.02 Eligibility Requirements and Procedures

Authority: Election Law Article, §§2-102(b)(4) and 15-109(b), Annotated Code of Maryland

Notice of Final Action

[16-308-F]

On February 23, 2017, the State Board of Elections adopted amendments to Regulation .03 under COMAR 33.14.02 Eligibility Requirements and Procedures. This action, which was proposed for adoption in 43:24 Md. R. 1369 (November 28, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

LINDA H. LAMONE
State Administrator of Elections

 

Subtitle 20 DISCLOSURE BY PERSONS DOING PUBLIC BUSINESS

33.20.06 Contributions

Authority: Election Law Article, §§2-102(b)(4), 14-105, and 14-109, Annotated Code of Maryland

Notice of Final Action

[16-309-F]

On February 23, 2017, the State Board of Elections adopted amendments to Regulation .01 under COMAR 33.20.06 Contributions. This action, which was proposed for adoption in 43:24 Md. R. 1369 (November 28, 2016), has been adopted as proposed.

Effective Date: March 27, 2017.

LINDA H. LAMONE
State Administrator of Elections

 


Withdrawal of Regulations


 


Title 13A
STATE BOARD OF EDUCATION

Subtitle 04 SPECIFIC SUBJECTS

13A.04.05 Education That Is Multicultural

Authority: Education Article, §2-205(c) and (h), Annotated Code of Maryland

Notice of Withdrawal

[17-010-W]

The Maryland State Board of Education withdraws the proposal to amend Regulations .01 — .08 under COMAR 13A.04.05 Education That Is Multicultural, as published in 44:1 Md. R. 54—57 (January 6, 2017).

KAREN B. SALMON, Ph.D.
State Superintendent of Schools

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.14 Workforce Shortage Student Assistance Grant Program

Authority: Education Article, §§11-105(u), 18-204(c), and 18-708, Annotated Code of Maryland

Notice of Withdrawal

[16-070-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to adopt new Regulations .01— .15 under a new chapter, COMAR 13B.08.14 Workforce Shortage Student Assistance Grant Program, under a new subtitle, Subtitle 08 Financial Aid, which was published in 43:6 Md. R. 421—426 (March 18, 2016), has been withdrawn by operation of law.

GAIL S. KLAKRING
Acting Administrator
Division of State Documents

 


Proposed Action on Regulations

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


 



Title 10
DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subtitle 07 HOSPITALS

10.07.03 Health Care Staff Agencies

Authority: Health-General Article, §2-104 and Title 19, Subtitle 20, Annotated Code of Maryland

Notice of Proposed Action

[17-098-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .05 under COMAR 10.07.03 Health Care Staff Agencies.

Statement of Purpose

The purpose of this action is to remove an obsolete reference to a fee that has been deleted from the regulations as of August 29, 2016 (see 43:17 Md. R. 953 (August 19, 2016)). This amendment makes it clear that there is not a fee for a renewal.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through April 17, 2017. A public hearing has not been scheduled.

.05 Licensing Procedure.

A.—C. (text unchanged)

D. License Renewal.

(1) At least 1 month before the current license expires, the Office shall send to the agency, by first-class mail to the last known address of the agency, a renewal notice that states:

(a)—(b) (text unchanged)

(c) [The amount of the] That no renewal fee is required.

(2)—(3) (text unchanged)

E.—G. (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.63 Maryland Medicaid Managed Care Program: Eligibility and Enrollment

Authority: Health-General Article, §15-103(b)(3), (4), and (6), Annotated Code of Maryland

Notice of Proposed Action

[17-097-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .01 under COMAR 10.09.63 Maryland Medicaid Managed Care Program: Eligibility and Enrollment.

Statement of Purpose

The purpose of this action is to correct the length of stay in a long-term care facility that makes a participant ineligible to enroll in an MCO.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through April 17, 2017. A public hearing has not been scheduled.

.01 Eligibility.

A. (text unchanged)

B. A recipient is not eligible for the Maryland Medicaid Managed Care Program if the recipient:

(1) Has been, or is expected to be, continuously institutionalized for more than [30 successive days in]:

(a) [A] 90 successive days in a long-term care facility; or

(b) [An] 30 successive days in an institution for mental disease (IMD);

(2)—(7) (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information

Authority: Health-General Article, §§4-301, 4-302.2, 4-304, 19-101, and 19-143, Annotated Code of Maryland

Notice of Proposed Action

[17-095-P]

The Maryland Health Care Commission proposes to amend Regulations .02, .03, .08, and .09 and adopt new Regulation .12 under COMAR 10.25.18 Health Information Exchanges: Privacy and Security of Protected Health Information. This action was considered by the Commission at an open meeting held on January 26, 2017, notice of which was given through publication in the Maryland Register, pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the regulations that govern the operation of Health Information Exchanges (HIEs) in Maryland. HIEs provide the capability for appropriately authorized and authenticated health care providers to securely exchange electronic protected health information (PHI). HIEs can help improve health care quality, prevent medical errors, and reduce health care costs by delivering essential information to the health care provider at the time and place of care. These amendments are designed to enhance the privacy and security of PHI that is obtained or released through an HIE. The amendments include enhancements that, among other things, allow for health care consumer electronic access to their health information. The amendments also include provisions that would provide exemptions to HIEs where appropriate. These regulations are aimed at maintaining the privacy and security of electronic health information exchanged through HIEs operating in Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This new chapter provides requirements for the private and secure exchange of PHI accessed, used, or disclosed through an HIE. The initial economic impact on certain entities is expected to be moderate; however, building trust in HIEs is essential to ensure that the potential benefits of reduced health care cost may be realized.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E)

Magnitude

 


A. On issuing agency:

(E+)

Within Budget

B. On other State agencies:

NONE

No Impact

C. On local governments:

NONE

No Impact

 

 

Benefit(+)
Cost (-)

Magnitude

 


 

 

 

D. On regulated industries or trade groups:

(1)

(+)

Moderate

(2)

(-)

Moderate

E. On other industries or trade groups:

NONE

No Impact

F. Direct and indirect effects on public:

(+)

Moderate

III. Assumptions. (Identified by Impact Letter and Number from Section II.)

A. Maryland Health Care Commission. The MHCC is the State agency responsible for advancing health information technology throughout Maryland. The chapter requires MHCC monitor compliance with the regulations. The MHCC can support this chapter using current staff within the MHCC’s budget.

B. Other State agencies do not meet the definition of an HIE, as defined in COMAR 10.25.18.02B; as such, there is no impact on State agencies.

C. Local governments do not meet the definition of an HIE, as defined in COMAR 10.25.18.02B; as such, there is no impact on local governments.

D(1). The regulations are essential to ensuring the privacy, confidentiality, and security of patient information exchanged electronically. The regulations ensure future growth of HIEs and positive changes to the industry and increase access by health care consumers.

D. Regulated industries or trade groups. The regulations are expected to have a moderate financial impact on organizations that meet the definition of an HIE as defined in Section .02B of the regulations.

E. The regulations are not expected to have an impact on other industries and trade groups.

F. The regulations are expected to have a positive impact on the public. These regulations are necessary to ensure that robust protections are in place for the electronic exchange of PHI and to foster health care consumer access to their electronic health information.

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 Angela Evatt, Chief, Health Information Exchange, Center for Health Information Technology and Innovative Care Delivery, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3574, or email to angela.evatt@maryland.gov, or fax to 410-358-1236. Comments will be accepted through 4:30 p.m. on May 1, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Health Care Commission during a public meeting to be held on May 18, 2017, at 1 p.m., at 4160 Patterson Avenue, Room 100, Baltimore, MD 21215.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (10) (text unchanged)

(11) “Control” means providing a method by which the health care consumer can electronically provide instructions to an HIE regarding the disclosure of the patient’s information being made available through the HIE, which may include specifying:

(a) The individuals and organizations to whom the HIE may disclose the patient’s health information;

(b) The circumstances (e.g., all, emergency only, inpatient, etc.) under which the patient’s health information may be disclosed through the HIE; and

(c) What type of health information may be disclosed, such as prescription history, laboratory reports, hospital encounters, and to whom.

[(11)] (12) — [(16)] (17) (text unchanged)

(18) “Download” means providing a method by which the health care consumer can obtain an electronic copy of the patient’s information that:

(a) Is in a format readily producible by the HIE; and

(b) Allows the health care consumer to save, maintain, use, or transmit the patient’s information.

[(17)] (19) — [(55)] (57) (text unchanged)

(58) “Submit”, when used in reference to consumer-submitted data, means providing a method by which the health care consumer can electronically upload information to the HIE to then be made available to authorized users of the HIE.

[(56)] (59) [(60)] (63) (text unchanged)

.03 Rights of a Health Care Consumer Concerning Information Accessed, Used, or Disclosed Through an HIE.

A. — B. (text unchanged)

C. An HIE shall comply with the following requirements to allow a health care consumer to obtain information concerning a patient’s PHI that may be available through the HIE.

(1) — (2) (text unchanged)

(3) An HIE shall make a good faith effort to facilitate [the correction of inaccurate] a health care consumer’s amendment of the patient’s health information available through the HIE by informing the health care consumer how to [correct perceived inaccurate] seek amendment of the information.

(a) An HIE shall send information regarding [correction of] the process for amending health information being made available through the HIE within 20 days of receiving notice from a health care consumer of a [potential inaccuracy in] desire to amend the patient’s health information available through the HIE and shall include the contact information of relevant participating organizations that provided the [perceived inaccurate] information; and

(b) This process shall be in accordance with the requirements specified in Health-General Article, §4-304(b), Annotated Code of Maryland and HIPAA, including 45 CFR §164.526.

(c) An HIE shall make a good faith effort to notify the participating organization of each authorized user who has accessed, used, or disclosed the health information that has subsequently been [corrected] amended.

(4) (text unchanged)

D. Within 6 months of the effective date of this regulation, an HIE shall:

(1) Establish and maintain an online process that allows health care consumers to obtain an electronic report detailing any disclosures of their information through the HIE in accordance with §C(4)(b) of this regulation; and

(2) Implement and maintain compliance with the provisions detailed in Regulation .12A(1)—(7), B(1)—(2), and C(4)(b)—(d) of this chapter in implementing §D(1) of this regulation.

[D.] E.[G.] H. (text unchanged)

.08 Notice of Breach and [non-HIPPA] non-HIPAA Violation.

A. — D. (text unchanged)

.09 Registration and Enforcement.

A. — F. (text unchanged)

G. Exemptions.

(1) An HIE may request a 1-year exemption from certain requirements of this chapter.

(2) An exemption request must:

(a) Be in writing;

(b) Identify each specific requirement of this chapter from which the HIE is requesting an exemption;

(c) Identify the time period of the exemption, if any;

(d) State the reason for each exemption request; and

(e) Include information that justifies the exemption request.

(3) Within 45 days after receipt of complete information from an HIE requesting an exemption, the Commission shall take one of the following actions:

(a) Grant the exemption by providing written notification; or

(b) Deny the exemption request by providing written notification that enumerates the reasons for the denial to the HIE.

(4) An exemption may not be made for any requirement within this chapter that is otherwise required of the HIE by federal or other State law.

(5) An exemption may be made on the following grounds:

(a) The absence of certain functionality in the infrastructure of the HIE that does not allow the HIE to maintain compliance with the requirement;

(b) The requirement would hinder the ability of the HIE to comply with other requirements of this chapter or federal or other State laws; or

(c) The requirement would cause an undue burden or hardship on the HIE, such that the HIE would no longer be able to provide HIE services in the State.

(6) For good cause shown, the Commission may renew a 1-year exemption for an additional 1-year period. 

.12 Requirements for Providing Health Care Consumers Electronic Access to Their Health Information.

A. An HIE or its third party that offers health care consumers electronic access to view, download, transmit, submit, or control their health information shall:

(1) Appropriately verify the identity of the health care consumer requesting electronic access to the patient’s information available through the HIE prior to disclosing the information;

(2) Follow, at a minimum, the National Institute of Standards and Technology (NIST) Level 2 registration and identity proofing requirements as outlined in the most recent version of Special Publication 800-63: Electronic Authentication Guideline or its comparable industry best practices and may perform remote identity proofing;

(3) Implement the health care consumer’s authorization for access within a maximum of 5 business days of receipt of all necessary information for identity proofing;

(4) Adopt and implement authentication processes for health care consumer electronic access that is in accordance with Regulation .05D(3) and (4) of this chapter;

(5) Establish individual unique user names and passwords in accordance with the most recent applicable standards issued by NIST, or other comparable standards generally adopted by the health care and HIE industry;

(6) Implement processes for auditing health care consumer access that are in compliance with applicable requirements of Regulation .06 of this chapter;

(7) Implement a process for suspending and reinstating a health care consumer’s access in compliance with applicable requirements in Regulation .07 of this chapter;

(8) Establish processes and procedures to allow a patient to authorize an individual to have electronic access to their information;

(9) Establish processes and procedures that allow an individual to electronically access health information for a patient or patients:

(a) For whom the individual has legal authorization for such access (e.g., guardian, person with a medical power of attorney, etc.); or

(b) For whom the patient has authorized such access; and

(10) Establish processes and procedures to confirm the authority of a person in interest, if not directly authorized by a patient, which must be satisfied as a condition to providing access to that person in interest.

B. An HIE or its third party that offers health care consumers electronic access to view, download, transmit, submit, or control their information may:

(1) Charge a reasonable published fee for healthcare consumer electronic access consistent with applicable federal and State laws; and

(2) Deny a health care consumer’s electronic access in accordance with:

(a) Applicable law or regulation, including 45 CFR §164.524, in coordination with applicable participating organizations; or

(b) The HIE’s reasonable policies, procedures, or agreements with a participating organization and shall provide notice to the health care consumer of their right to request access to the patient’s health information from the covered entity.

C. An HIE or its third party that offers health care consumer electronic access to view the patient’s health information available through the HIE shall, in accordance with federal and State law:

(1) Provide the patient’s health information that is equivalent to what is made available to authorized users that are health care providers, which may include:

(a) Demographic information, such as name, address, and date of birth;

(b) Provider encounters or procedures performed (e.g., hospital, ambulatory, post-acute care, etc.);

(c) Immunizations;

(d) Visit summaries;

(e) Care plan(s);

(f) Clinical test results; and

(g) Prescriptions;

(2) At a minimum, and if made available through the HIE, make the following data attributes for the patient’s health information electronically available to the health care consumer:

(a) Date of the encounter, procedure, test, prescription, or immunization;

(b) Results or summary of the encounter, procedure, test, prescription, or immunization; and

(c) Source of the health information, including provider name and organization name;

(3) Inform health care consumers regarding:

(a) Contacting their health care provider to discuss the health information they may be viewing if they have any concerns or questions; and

(b) Translation services and resources that may be available, through the HIE or another entity, to help assist the health care consumer in understanding their health information; and

(4) Allow the health care consumer to view the patient’s health information in an electronic format that meets the following criteria:

(a) The information is presented in substantially the same form and format as presented to an authorized user that is a health care provider;

(b) The form and format presented to a health care consumer is easy for the health care consumer to navigate;

(c) The information can be easily printed; and

(d) If supplemental information is made available along with the patient’s health information, such as educational resources, the supplemental information meets the criteria specified in Regulation .03B(2)(c)—(e) of this chapter.

D. An HIE or its third party that offers health care consumers the ability to electronically control the patient’s health information being made available through the HIE shall:

(1) Implement technology processes that meet industry standards and best practices and are in compliance with State and federal privacy and security laws; and

(2) Provide an electronic process by which a health care consumer can control the patient’s health information that is in accordance with §C(4)(b)—(d) of this regulation.

E. An HIE or its third party that offers health care consumers the ability to download the patient’s health information being made available through the HIE shall provide the patient’s health information that is:

(1) In accordance with §C(3) and (4)(b)—(d) of this regulation;

(2) Requested by the health care consumer; and

(3) In a readily available industry standard format.

F. An HIE or its third party that offers health care consumers the ability to submit information to the HIE:

(1) Shall identify the source of the information, such as patient, payor, or health care provider, when presented to an authorized user of the HIE; and

(2) May not use patient submitted health information to override or replace health information submitted from other sources.

G. An HIE or its third party that offers health care consumers the ability to transmit the patients’ health information being made available through the HIE to a third party of the health care consumer’s designation shall comply with the requirements as detailed in:

(1) §C(3) of this regulation;

(2) §C(4)(b) and (d) of this regulation; and

(3) §E(2) of this regulation.

H. Health Care Consumer Education About Electronic Access.

(1) An HIE shall provide needed information, as part of its health care consumer education plan (as detailed in .03B(1) of this chapter and meeting the characteristics as detailed in Regulation .03B(2) of this chapter), about the services or features offered by the HIE or its third party that allows the health care consumer to electronically view, download, submit, or control the patient’s information that is available through the HIE.

(2) The health care consumer education plan shall outline the process which, if available, allows a health care consumer to electronically view, download, transmit, submit, or control the patient’s information that is available through the HIE, including:

(a) The information the health care consumer must provide as part of patient identity proofing;

(b) The patient’s rights to:

(i) Authorize a person in interest or individual to also have access to the patient’s health information; and

(ii) Request a review of a denial of access;

(c) The extent to which the health care consumer has control of the patient’s health information being made available through the HIE; and

(d) The need to safeguard information obtained from the HIE to the same extent they safeguard other sensitive personal information.

CRAIG P. TANIO, M.D.
Chair
Maryland Health Care Commission

 

Subtitle 34 BOARD OF PHARMACY

10.34.18 Continuing Education for Pharmacists

Authority: Health Occupations Article, §§12-205 and 12-309, Annotated Code of Maryland

Notice of Proposed Action

[17-096-P]

The Secretary of Health and Mental Hygiene proposes to amend Regulation .03 under COMAR 10.34.18 Continuing Education for Pharmacists. This action was considered by the Board of Pharmacy at a public meeting held November 16, 2016, notice of which was given by publication on the Board of Pharmacy website, http://dhmh.maryland.gov/pharmacy/SitePages/Home.aspx, from October 19, 2016 ― November 16, 2016, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to allow licensed pharmacists to take a class in opioid dispensing to satisfy their continuing education requirement for license renewal.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through April 17, 2017. A public hearing has not been scheduled.

.03 Requirements for Pharmacists Practicing in Maryland.

A.—B. (text unchanged

C. CE Requirements.

(1) A pharmacist licensed to practice in Maryland applying for renewal shall:

(a) Earn 30 hours of approved CE within the 2-year period immediately preceding the license expiration date that include:

(i) 1 hour on the topic of preventing medication errors, such as appropriate dispensing of opioids; and

(ii) (text unchanged)

(b)—(c) (text unchanged)

(2) (text unchanged)

DENNIS R. SCHRADER
Secretary of Health and Mental Hygiene

 

 


Errata

COMAR 10.22.01 and 10.22.18

 

At 44:5 Md. R. 293 (March 3, 2017), column 2, line 19 from the top:

For:       VAN T. MITCHELL

Read:          DENNIS R. SCHRADER

 

COMAR 10.07.11

At 44:5 Md. R. 292 (March 3, 2017), column 1, line 29 from the top:

For:       (10) Amendments to Regulations .04, .05, .09, and .10
                   under

Read:          (10) Amendments to Regulations .09 and .10 under

[17-06-16]

 

COMAR 10.54.03.03

At 43:26 Md. R. 1496 (December 23, 2016), column 2, lines 18—22 from the bottom:

For:       [(41)] (44)—[(48)] (52) (text unchanged)

              (53) “WIC-authorized foods list” means a list of foods
                   authorized by the Maryland WIC program for purchase
                   by Maryland WIC participants.

              [(49)] (54) (text unchanged)

Read:          [(41)] (44)—[(48)] (51) (text unchanged)

              (52) “WIC-authorized foods list” means a list of foods
                   authorized by the Maryland WIC program for purchase
                   by Maryland WIC participants.

              [(49)] (53) (text unchanged)

[17-06-15]

 


Special Documents

 


DEPARTMENT OF HUMAN RESOURCES

SOCIAL SERVICES ADMINISTRATION

Statement of Need (SON) for Development of a High Intensity Residential Child Care (RCC) Program

 

Issued: March 17, 2017

 

Summary Statement

DHR proposes to issue a Statement of Need (“SON”) for the development of a high intensity residential child care (“RCC”) program to serve children that have been found to have a high level of behavioral, educational, and medical needs.

 

The population to be served is male and female youth ages 14-20 from all areas of the State with the following treatment needs:

 

These treatment needs may be co-occurring:

1. Inappropriate sexual behavior (to include victims and/or offenders)

2. Violence and aggression

3. Firesetting

4. Autism Spectrum Disorder

5. High elopement risk

6. Developmental Disabilities

7. Learning Disabilities

8. Self-injurious behaviors

9. Physical Disabilities

 

The date by which the beds sought must be available is January 1, 2018. 

 

These needs may or may not be accompanied by medical needs that contribute to the complexity of the child.   

 

The services to be provided are residential child care services with a need for high intensity group home services that must include individual and group trauma therapy; family therapy; medication management; crisis intervention services; prosocial activities; and a child to staff ratio of 3:1.

 

Currently, youth who have a high level of needs are forced to be placed out- of- state.  Maryland currently has 35 youth who reside in residential programs in various states around the country.  These youth have needs that Maryland providers have not been able to accommodate (e.g. treating acute medical issues, developmental disabilities, and sex offenders). 

 

The Department is interested in providing services in the following areas:  Central, Southern, Western and Eastern Shore.  The number of beds sought is approximately 45.  The projected need for placements is drawn from the number of children that are currently placed out -of- state and the increased number of inquiries for out-of-state placements.

 

Southern Maryland

Calvert, Charles, Prince Georges and St. Mary’s Counties

Central Maryland

Anne Arundel, Baltimore City, Baltimore County, Carroll, Howard and Montgomery Counties

Western Maryland

Allegany, Frederick, Garrett and Washington Counties

Eastern Shore

Caroline, Cecil, Dorchester, Kent, Queen Anne’s, Talbot, Somerset, Wicomico and Worcester Counties

 

Proposals must be received by April 16, 2017, at DHR, no later than 3:30 p.m. The Proposal package must be delivered or sent by U.S. Mail to DHR at the following address:

 

Department of Human Resources

Social Services Administration

311 W. Saratoga Street, Room 578

Baltimore, Maryland 21201

 

The selection criteria are:

1. The ability to provide high intensity group home services in a campus-type or community base facility;

2. A facility for male and/or female youth ages 14-20 years of age with living accommodations based on age appropriateness;

3. The availability of the needed beds in a facility that meets all core regulation requirements and is ready to place children by January 1, 2018;

4. An existing Maryland license to provide RCC services or the ability to obtain licensure in the state of Maryland;

5. The ability to establish a facility in the state of Maryland;

6. Previous experience serving this population; and  

7. A “no reject” policy based on the identified needs in this proposal. 

 

Opportunity for Public Comment

 

Comments may be sent to Tennille R. Thomas, Chief of Staff, Social Services Administration, Department of Human Resources, 311 West Saratoga Street, Room 578, Baltimore, MD 21201, or call 410-767-7754, or email to Tennille.Thomas@maryland.gov, or fax to 410-333-0127. Comments will be accepted through March 31, 2017. A public hearing has not been scheduled.

[17-06-27]

 

 


General Notices

 

Notice of ADA Compliance

   The State of Maryland is committed to ensuring that individuals with disabilities are able to fully participate in public meetings.  Anyone planning to attend a meeting announced below who wishes to receive auxiliary aids, services, or accommodations is invited to contact the agency representative at least 48 hours in advance, at the telephone number listed in the notice or through Maryland Relay.

 


ATHLETIC COMMISSION

Subject: Public Meeting

Date and Time: March 29, 2017, 2 — 5 p.m.

Place: 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD

Contact: Patrick Pannella (410) 230-6223

[17-06-06]

 

MARYLAND STATE BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

Subject: Public Meeting

Date and Time: July 14, 2017, 9:30 — 10:30 a.m.

Place: 4201 Patterson Ave., Baltimore, MD

Contact: Gwendolyn Joyner (443) 310-4596

[17-06-22]

 

MARYLAND STATE BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

Subject: Public Meeting

Date and Time: September 8, 2017, 9:30 — 10:30 a.m.

Place: 4201 Patterson Ave., Baltimore, MD

Contact: Gwendolyn Joyner (443) 310-4596

[17-06-23]

 

MARYLAND STATE BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

Subject: Public Meeting

Date and Time: October 13, 2017, 9:30 — 10:30 a.m.

Place: 4201 Patterson Ave., Baltimore, MD

Contact: Gwendolyn Joyner (443) 310-4596

[17-06-24]

 

MARYLAND STATE BOARD FOR THE CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

Subject: Public Meeting

Date and Time: December 8, 2017, 9:30 — 10:30 a.m.

Place: 4201 Patterson Ave., Baltimore, MD

Contact: Gwendolyn Joyner (443) 310-4596

[17-06-25]

 

DEPARTMENT OF THE ENVIRONMENT/AIR AND RADIATION MANAGEMENT ADMINISTRATION

Subject: Public Hearing

Date and Time: April 19, 2017, 10 — 10:30 a.m.

Place: 1800 Washington Blvd., 1st Floor, Terra Conf. Rm., Baltimore, MD

Add'l. Info: Public Hearing on NSR (New Source Review). The Department of the Environment will hold a public hearing concerning the State's intention to request approval of the Nonattainment New Source Review (NNSR) program, covering the Baltimore, MD, Philadelphia-Wilmington-Atlantic City, PA-NJ-MD-DE, and Washington, DC-MD-VA nonattainment areas for the 2008 ozone National Ambient Air Quality Standard (NAAQS). Maryland’s existing NNSR program is at least as stringent as the requirements of federal 40 CRF 51.165 for ozone and its precursors, as amended by the final rule titled Implementation of the 2008 NAAQS for Ozone: State Implementation Plan Requirements.

The public hearing will be held on April 19, 2017, at 10 a.m. at the Department of the Environment, 1800 Washington Boulevard, 1st Floor Conference Rooms, Baltimore, Maryland 21230-1720. Interested persons are invited to attend and express their views. Comments may be sent to Randy
Mosier, Chief, Regulations Development Division, Air and Radiation Management Administration, Department of the Environment, 1800 Washington Boulevard, Suite 730, Baltimore, Maryland 21230-1720, or emailed to randy.mosier@maryland.gov. Comments must be received not later than 5 p.m. on April 19, 2017, or be submitted at the hearing.

Copies of the proposed action and supporting documents are available for review at the following locations:

·    The Air and Radiation Management Administration Baltimore office; and

·    The Department of the Environment's website at:

http://www.mde.state.md.us/programs/air/airqualityplanning/Pages/programs/airprograms/airplanning/index.aspx

Anyone needing special accommodations at the public hearing should contact the Department's Fair Practices Office at (410) 537-3964. TTY users may contact the Department through the Maryland Relay Service at 1-800-735-2258.

Contact: Carolyn A. Jones (410) 537-4210

[17-06-14]

 

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Subject: Formal Start of Review

Add'l. Info: The DHMH Office of Capital Planning, Budgeting, and Engineering Services is in the process of reviewing and updating six chapters of the Code of Maryland Regulations (COMAR) in accordance with State Government Article, §§10-130 — 10-139, Annotated Code of Maryland.

The following are the six chapters of COMAR that are being reviewed:

·    COMAR 10.08.01 Construction Funds For Public and Nonprofit Nursing Homes

·    COMAR 10.08.02 Construction Funds For Public & Nonprofit Community Mental Health, Addiction, & DD Facilities

·    COMAR 10.08.03 Construction Funds for Public and Nonprofit Adult Day Care Centers

·    COMAR 10.08.04 Construction Funds for Public and Nonprofit Assisted Living Facilities

·    COMAR 10.08.05 Construction Funds for Federally Qualified Health Centers

·    COMAR 10.08.06 Construction Funds for Conversion of Nursing Facilities

We are inviting public comments on these regulations. We encourage all relevant stakeholders to provide feedback and comments on these regulations by March 24, 2017.

The following is the website for viewing and commenting on these regulations:

http://dhmh.maryland.gov/ocpbes/Pages/COMARupdate.aspx

Please email Mr. Ahmed Awad at Ahmed.Awad@maryland.gov for any questions or concerns.

Contact: Ahmed Awad (410) 767-6589

[17-06-12]

 

DEPARTMENT OF HEALTH AND MENTAL HYGIENE/MEDICAID PHARMACY AND THERAPEUTICS COMMITTEE

Subject: Public Hearing

Date and Time: May 4, 2017, 9 a.m. — 12 p.m.

Place: UMBC Research and Technology Park, S. Rolling Rd., Halethorpe, MD

Add'l. Info: Meeting of the Maryland Medicaid Pharmacy Program's Pharmacy and Therapeutics Committee (Preferred Drug List) — as soon as available, classes of drugs to be reviewed, agenda, speaker registration guidelines, and driving directions will be posted on the Maryland Pharmacy Program website at https://mmcp.dhmh.maryland.gov/pap/SitePages/Public%20Announcement%20and%20Procedures%20Public%20Testimony.aspx.

Contact: Shawn Singh (410) 767-6896

[17-06-07]

 

HISTORIC ST. MARY'S CITY COMMISSION

Subject: Public Meeting

Date and Time: March 25, 2017, 10 — 11:30 a.m.

Place: Historic St. Mary's City, St. Mary's City, MD

Contact: Porzia Purves (240) 895-4960

[17-06-09]

 

DEPARTMENT OF INFORMATION TECHNOLOGY

Subject: Public Meeting

Date and Time: March 22, 2017, 1 — 3 p.m.

Place: 100 Community Pl., 1st Fl. Conf. Rm., Side B, Crownsville, MD

Add'l. Info: Public meeting of the Statewide Interoperability Radio Control Board

Contact: Betsy Jackson (410) 697-9406

[17-06-08]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Meeting

Date and Time: May 8, 2017, 10 a.m.

Place: 200 St. Paul Pl., 24th Fl. Hearing Rm., Baltimore, MD

Add'l. Info: Insurance Commissioner Al Redmer, Jr. will hold a meeting on Monday, May 8, 2017, at 10 a.m., at 200 St. Paul Place, 24th Floor Hearing Room, Baltimore, MD 21202, to review what the Maryland Insurance Administration has done and will continue to do in preparation for the 2017 hurricane season. Commissioner Redmer also will discuss how property and casualty insurers can help the Maryland Insurance Administration promptly and efficiently assist Maryland consumers.

If you plan to attend this meeting, please RSVP to joy.hatchette@maryland.gov. If you have any questions, you may also contact Joy Hatchette at the same email address or at 410-468-2029.

You can also call-in to the meeting by dialing 1-866-247-6034.  The passcode is 1573490062.

Contact: Joy Hatchette (410) 468-2029

[17-06-05]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: April 20, 2017, 1 — 4 p.m.

Place: 4160 Patterson Ave., Rm. 100, Baltimore, MD

Contact: Valerie Wooding (410) 764-3570

[17-06-04]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Project Change

Add'l. Info: The Maryland Health Care Commission (MHCC) received notice and a request for approval of project changes under COMAR 10.24.01.17B from Garret County Memorial Hospital, holder of a Certificates of Need (CON), Docket No. 12-11-2337.

The project’s sponsor has requested approval for change in the project design.

Please refer to the Docket No. listed above in any correspondence on this request, a copy of which is available for review by appointment in MHCC offices during regular business hours. All correspondence should be addressed to Kevin McDonald, Chief, Certificate of Need, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter (410) 764-3276

[17-06-13]

GOVERNOR'S COMMISSION ON MARYLAND MILITARY MONUMENTS

Subject: Public Meeting

Date and Time: April 3, 2017, 1 — 3 p.m.

Place: Fifth Regiment Armory, 219  29th Division St., Baltimore, MD

Contact: Nancy Kurtze (410) 697-9561

[17-06-18]

 

MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE

Subject: Public Meeting

Date and Time: March 22, 2017, 8:30 a.m. — 5 p.m.

Place: Maryland Dept. of Transportation, 7201 Corporate Center Dr., Hanover, MD

Contact: Sabrina Bass (410) 865-1240

[17-06-01]

 

RACING COMMISSION

Subject: Public Meeting

Date and Time: March 23, 2017, 12:30 — 1 p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-9682

[17-06-11]

 

STATE TREASURER'S OFFICE

Subject: Public Meeting

Date and Time: April 24, 2017, 2 — 4 p.m.

Place: Louis L. Goldstein Treasury Bldg., 80 Calvert St., Assembly Rm. #114—116, Annapolis, MD

Add'l. Info: Annual Meeting to Recommend a State Tax Rate on Real and Personal Property

Contact: Christian Lund (410) 260-7920

[17-06-10]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: March 22, 2017, 9 a.m. — 12 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., MD

Contact: Elaine Nolen (410) 537-4466

[17-06-02]