Capitol Building

Maryland Register


Issue Date: July 7, 2017

Volume 44 • Issue 14 • Pages 645-744

IN THIS ISSUE

Governor

Regulatory Review and Evaluation

Regulations

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before June 19, 2017 5 p.m.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 June 19, 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, Administrator; Mary D. MacDonald, Senior 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 ......................................................................  648

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  649

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ..............................  655, 657

10        Maryland Department of Health .........................................  655

11        Department of Transportation ............................................  672

12        Department of Public Safety and Correctional Services .....  673

14        Independent Agencies ........................................................  675

19A     State Ethic Commission .....................................................  647

26        Department of the Environment .........................................  685

31        Maryland Insurance Administration ...................................  687

36        Maryland State Lottery and Gaming Control
               Agency ............................................................................  688

 

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 01.01.2017.13 .........................................  651

EXECUTIVE ORDER 01.01.2017.14 .........................................  652

 

Regulatory Review and Evaluation

MARYLAND DEPARTMENT OF HEALTH

PREVENTIVE MEDICINE

Notice of Opportunity for Public Inspection and
   Comment ...........................................................................  654

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Striped Bass .  655

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF DENTAL EXAMINERS

Unprofessional Conduct ...........................................................  655

OFFICE OF THE INSPECTOR GENERAL

Civil Money Remedy ................................................................  655

19A STATE ETHICS COMMISSION

PROCEDURES

General Provisions ...................................................................  656

LOCAL GOVERNMENT ETHICS LAW

Review Criteria .  656

Appendix A — Model Ethics Law ..  656

BOARD OF EDUCATION ETHICS REGULATIONS

Review Criteria .  656

Appendix A — Model Board of Education Ethics
   Regulations ............................................................................  656

Appendix B — Model Board of Education Ethics
   Regulations ............................................................................  656

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Sharks .  657

WILDLIFE

General  658

Use of Wildlife Areas ...............................................................  659

Open Seasons, Bag Limits for Game Birds and Game
   Animals .................................................................................  659

Forest Wildlife .  660

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Pharmacy Services ....................................................................  661

Home Care for Disabled Children Under a Model
   Waiver  665

Disproportionate Share Hospitals .  665

Telehealth Services .  665

Community-Based Substance Use Disorder Services .  667

BOARD OF PHARMACY

Pharmacy Permit Holder Requirements — Wholesale
   Distribution and Nonresident Pharmacy Operations .  668

BOARD OF OCCUPATIONAL THERAPY PRACTICE

General Regulations .  669

Continuing Competency Requirement  669

Sanctioning Guidelines .  669

11  DEPARTMENT OF TRANSPORTATION

MOTOR VEHICLE ADMINISTRATION—VEHICLE
   REGISTRATION

Tax Credit Certificate ................................................................  672

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

POLICE TRAINING AND STANDARDS COMMISSION

General Regulations .  673

CORRECTIONAL TRAINING COMMISSION

General Regulations .  674

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING POLICY

General Regulations .  675

Criminal Offenses and Seriousness Categories .  675

26  DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

Permits, Approvals, and Registration .  685

Distributed Generation .  685

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Surplus Lines .  687

36  MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

GAMING PROVISIONS

Collection of Taxes, Fees, and Penalties .  688

 

Special Documents

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Official Handgun Roster — July 1, 2017 .............................  690

 

General Notices

BOARD OF DIETETIC PRACTICE

Public Meeting .  743

COMMISSIONER OF FINANCIAL REGULATION

Conversion .  743

DEPARTMENT OF HEALTH AND MENTAL HYGIENE

Public Meeting .  743

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  743

Formal Start of Review ..  743

MARYLAND HEALTH CARE COMMISSION/RURAL
   HEALTHCARE DELIVERY WORKGROUP

Public Meeting .  743

MARYLAND DEPARTMENT OF TRANSPORTATION
    AVIATION ADMINISTRATION

Public Meeting .  743

MARYLAND DEPARTMENT OF
   TRANSPORTATION/MARYLAND BOARD OF
   AIRPORT ZONING APPEALS

Public Hearing .  744

MARYLAND COLLEGE COLLABORATION FOR
   STUDENT VETERANS COMMISSION

Public Meeting .  744

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  744

BOARD OF WELL DRILLERS

Public Meeting .  744

WORKERS' COMPENSATION COMMISSION

Public Meeting .  744

 

 

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 JANUARY 19, 2018

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

July 21

July 3

July 12

July 10

August 4

July 17

July 26

July 24

August 18

July 31

August 9

August 7

September 1

August 14

August 23

August 21

September 15**

August 28

September 6

September 1

September 29

September 11

September 20

September 18

October 13

September 25

October 4

October 2

October 27**

October 6

October 18

October 16

November 13***

October 23

November 1

October 30

November 27***

November 6

November 15

November 13

December 8

November 20

November 29

November 27

December 22

December 4

December 13

December 11

January 5**

December 18

December 27

December 22

January 19**

December 29

January 10

January 8

 

*       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.

 

 


 
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.

 


05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.03.08.01—.14 • 44:10 Md. R. 474 (5-12-17)

05.20.01.01—.10 • 44:10 Md. R. 478 (5-12-17)

05.20.02.01—.10 • 44:10 Md. R. 481 (5-12-17)

05.20.03.01—.10 • 44:10 Md. R. 485 (5-12-17)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.05.24 • 44:13 Md. R. 623 (6-23-17)

08.02.22.03 • 44:14 Md. R. 657 (7-7-17)

08.03.01.01 • 44:14 Md. R. 658 (7-7-17)

08.03.02.28 • 44:14 Md. R. 659 (7-7-17)

08.03.03.01,.05 • 44:14 Md. R. 659 (7-7-17)

08.03.04.02,.03,.05,.23 • 44:14 Md. R. 660 (7-7-17)

 

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)

09.10.03.01,.10 • 44:8 Md. R. 409 (4-14-17)

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

09.13.07.02 • 44:8 Md. R. 411 (4-14-17)

09.16.01.04,.05 • 44:10 Md. R. 489 (5-12-17)

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

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)

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

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)

 

     Subtitle 09 (2nd volume)

 

10.09.01.01—.10 • 44:11 Md. R. 527 (5-26-17)

10.09.02.03,.04,.06,.07 • 44:12 Md. R. 590 (6-9-17) (ibr)

10.09.03.01,.03—.07 • 44:14 Md. R. 661 (7-7-17)

10.09.05.01—.09,.11 • 44:10 Md. R. 489 (5-12-17) (ibr)

10.09.06.01—.12 • 44:13 Md. R. 625 (6-23-17)

10.09.09.07 • 44:9 Md. R. 440 (4-28-17)

10.09.18.04,.05 • 44:13 Md. R. 628 (6-23-17)

10.09.21.01—.11 • 44:11 Md. R. 527 (5-26-17)

10.09.24.02,.10 • 44:12 Md. R. 591 (6-9-17)

10.09.27.01 • 44:14 Md. R. 665 (7-7-17)

10.09.39.01—.10 • 44:11 Md. R. 527 (5-26-17)

10.09.44.03 • 44:10 Md. R. 491 (5-12-17)

10.09.47.03 • 44:14 Md. R. 665 (7-7-17)

10.09.48.08 • 44:10 Md. R. 492 (5-12-17)

10.09.49.02,.04—.07,.09—.11 • 44:14 Md. R. 665 (7-7-17)

10.09.70.03 • 44:13 Md. R. 628 (6-23-17)

10.09.79.01—.08 • 44:11 Md. R. 529 (5-26-17)

10.09.80.02,.03,.05 • 44:14 Md. R. 667 (7-7-17)

 

     Subtitles 10 — 22 (3rd Volume)

 

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

 

     Subtitles 23 — 36 (4th Volume)

 

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

10.27.01.10 • 44:13 Md. R. 629 (6-23-17)

10.27.07.02 • 44:11 Md. R. 531 (5-26-17)

10.27.22.01—.04 • 44:12 Md. R. 592 (6-9-17)

10.28.03.02 • 44:10 Md. R. 493 (5-12-17)

10.28.06.02 • 44:10 Md. R. 493 (5-12-17)

10.28.07.02 • 44:10 Md. R. 493 (5-12-17)

10.28.09.02 • 44:10 Md. R. 493 (5-12-17)

10.28.10.02 • 44:10 Md. R. 493 (5-12-17)

10.28.11.01,.02 • 44:10 Md. R. 493 (5-12-17)

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

                                            44:12 Md. R. 594 (6-9-17)

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

                                            44:12 Md. R. 595 (6-9-17)

10.32.01.13 • 44:13 Md. R. 630 (6-23-17)

10.32.08.06 • 44:10 Md. R. 494 (5-12-17)

10.32.21.02,.04,.06,.10,.11,.21 • 44:11 Md. R. 531(5-26-17)

10.34.37.01,.04 • 44:14 Md. R. 668 (7-7-17)

 

     Subtitles 37—66 (5th Volume)

 

10.42.06.03,.06—.08 • 44:10 Md. R. 495 (5-12-17)

10.42.08.02,.04,.05 • 44:10 Md. R. 495 (5-12-17)

10.46.01.01,.02 • 44:14 Md. R. 669 (7-7-17)

10.46.04.02,.04,.07 • 44:14 Md. R. 669 (7-7-17)

10.46.07.01,.03—.06 • 44:14 Md. R. 669 (7-7-17)

10.56.02.02 • 44:13 Md. R. 630 (6-23-17)

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)

 

11.15.36.01—.04 • 44:14 Md. R. 672 (7-7-17)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.17 • 44:14 Md. R. 673 (7-7-17)

12.10.01.01,.03,.04,.09 • 44:14 Md. R. 674 (7-7-17)

12.11.09.02—.04 • 44:13 Md. R. 631 (6-23-17)

 

13A STATE BOARD OF EDUCATION

 

13A.02.01.01 • 44:8 Md. R. 412 (4-14-17)

13A.02.01.04 • 44:12 Md. R. 596 (6-9-17)

13A.05.02.03,.14 • 44:9 Md. R. 443 (4-28-17)

13A.06.01.02,.03 • 44:13 Md. R. 632 (6-23-17)

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

13A.12.02.21 • 44:12 Md. R. 596 (6-9-17)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.06.01—.13 • 44:13 Md. R. 634 (6-23-17)

13B.08.02.01—.12 • 44:7 Md. R. 381 (3-31-17)

13B.08.03.01—.12 • 44:8 Md. R. 413 (4-14-17)

13B.08.04.01—.12 • 44:9 Md. R. 444 (4-28-17)

13B.08.05.01—.13 • 44:9 Md. R. 446 (4-28-17)

13B.08.09.01—.11 • 44:10 Md. R. 497 (5-12-17)

13B.08.14.01—.15 • 44:10 Md. R. 500 (5-12-17)

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

13B.08.17.01—.06 • 44:12 Md. R. 597 (6-9-17)

 

14 INDEPENDENT AGENCIES

 

14.22.01.02,.03,.10,.17 • 44:14 Md. R. 675 (7-7-17)

14.22.02.02 • 44:14 Md. R. 675 (7-7-17)

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)

 

23 BOARD OF PUBLIC WORKS

 

23.03.02.11,.12 • 44:12 Md. R. 600 (6-9-17)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.02.03-1,.03-3,.04-1,.08 • 44:11 Md. R. 533 (5-26-17)

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

26.08.09.01,.04,.06,.07,.08 • 44:11 Md. R. 533 (5-26-17)

26.11.02.01,.10 • 44:14 Md. R. 685 (7-7-17)

26.11.09.01,.04,.06,.11 • 44:12 Md. R. 600 (6-9-17)

26.11.32.01—.05,.05-1,.06,.08,.12,.14,
     .16
• 44:11 Md. R. 543 (5-26-17) (ibr)

26.11.33.01—.14 • 44:12 Md. R. 602 (6-9-17)

26.11.36.01—.04 • 44:14 Md. R. 685 (7-7-17)

 

     Subtitles 19—27 (Part 4)

 

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

 

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 • 44:11 Md. R. 557 (5-26-17)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.03.01—.04 • 44:8 Md. R. 415 (4-14-17)

31.03.06.05 • 44:14 Md. R. 687 (7-7-17)

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

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.08.01—.03 • 44:14 Md. R. 688 (7-7-17)

 


The Governor 

EXECUTIVE ORDER 01.01.2017.13

Waste Reduction and Resource Recovery Plan for Maryland

(Rescinds Executive Order 01.01.2015.01)

 

WHEREAS, Sustainable materials management means using and managing materials as efficiently and sustainably as possible throughout their entire life cycles;

 

WHEREAS, Through source reduction, reuse, and recycling, Maryland can extend existing disposal capacity, reduce the need to construct new or expanded solid waste disposal facilities, conserve natural resources, including water and energy, increase the innovative reuse and beneficial use of dredged material, and support a productive economy through recovery of valuable resources;

 

WHEREAS, Studies have shown that diverting material from disposal to reuse, recycling, and composting results in more jobs and a more sustainable economy;

 

WHEREAS, New and emerging materials management technologies provide opportunities to recover more energy, nutrients, and other resources from waste, while fostering new businesses in Maryland;

 

WHEREAS, The potential applications for innovative reuse or beneficial use of dredged material are vast, including transportation, climate change adaptation and publicly-funded site remediation projects, habitat creation, wetland restoration, shoreline stabilization, landscaping, road construction, landfill cover, land reclamation and the manufacture of marketable products such as concrete, bricks, blocks, aggregate and topsoil;

 

WHEREAS, Source reduction, reuse, and recycling reduce greenhouse gas emissions relative to disposal and can assist the State in meeting its climate change goals for 2030 and beyond;

 

WHEREAS, Through the combined efforts of Maryland’s local governments, businesses, and residents, the State has made significant progress in recycling over the past 23 years, more than doubling the recycling rate from 19 percent in 1992 to 43 percent in 2015;

 

WHEREAS, A recent plateau in the recycling rate  and the evolving composition of the waste stream suggest that an updated and more holistic materials management approach is needed to ensure continuous improvement;

 

WHEREAS, Maryland has undertaken key initiatives to strengthen recycling programs, including the establishment of clearer permitting pathways for composting facilities; adoption of  more aggressive county and State government recycling rates;  coordination of a statewide waste sort study; enhancement of electronics recycling education and outreach; and provision of recycling opportunities at apartments, condominiums, and special events;

 

WHEREAS, Maryland has recognized the importance of partnerships in achieving statewide recycling and source reduction goals, including through the cooperative efforts of waste generators, State agencies, local governments, the waste industry, the recycling industry, environmental groups, boards of education, and other interested parties; and

 

WHEREAS, Executive Order 01.01.2015.01 does not adequately reflect the partnerships among State government agencies, local governments, and the private sector that are essential to advancing recycling and source reduction in Maryland and that additional research and broader stakeholder consultation are needed to establish aggressive but achievable goals for recycling and source reduction;

 

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 LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Definitions.

(1) “Department” means the Maryland Department of the Environment.

(2) “Source reduction” means the prevention of waste through changes in the way products are designed, manufactured, packaged, purchased, and used.

B. Sustainable Materials Management Policy. It is the policy of the State that solid waste and recycling planning should, to the extent practicable, seek to:

(1) Minimize the environmental impacts of materials management over their entire life cycles, including from product design to production, consumption, and end-of-life management;

(2) Conserve and extend existing in-State disposal capacity through source reduction, reuse, and recycling;

(3) Capture and make optimal use of recovered resources, including raw materials, water, energy, and nutrients; and

(4) Work toward a system of materials management that is both environmentally and economically sustainable in the long term. 

C. Goals and Measurement.

(1) Stakeholder Consultation. The Department shall consult with relevant stakeholders to assess and improve the State’s methodology for tracking waste generation, recycling, and source reduction in Maryland.

(2) Following stakeholder consultation, the Department shall:

(a) Recommend to the Governor a method of obtaining business source reduction and recycling data;

(b) Establish an improved method of quantifying and tracking the statewide recycling and source reduction rates; and

(c) Establish voluntary statewide goals to encourage continuous improvement of sustainable materials management

D. Building Partnerships for Sustainable Materials Management.  In order to work toward the recycling and source reduction goals established herein, the Department shall pursue the following partnerships.

(1) The Department and the Maryland Department of Commerce shall work in cooperation with local economic development agencies to identify local markets for recycled materials and provide siting, permitting, and technical assistance for innovative recycling and resource recovery businesses. 

(2) The Department shall work with the Maryland Department of Agriculture to support research and demonstration of innovative technologies for recovering nutrient resources in a manner protective of water quality.

(3) The Department shall work with the Maryland Energy Administration to research and promote methods of recovering energy from waste, including anaerobic digestion.

(4) The Department shall work with the Maryland Department of Transportation Port Administration to develop technical screening criteria and guidance to support innovative reuse and beneficial uses of dredged material removed from the Port of Baltimore’s shipping channels. State agencies shall consider innovative reuse and beneficial uses of dredged material when economically feasible and in conformance with all appropriate environmental standards.  

(5) Targeted Outreach Partnerships.

(a) Based on the results of the statewide waste sort study, the Department shall identify key recyclable materials that continue to be disposed in significant quantities in Maryland.

(b) The Department shall seek opportunities to pool resources among producers of products, State and local government agencies, and environmental education organizations to conduct targeted outreach campaigns to reduce disposal for each of the key materials identified.

E. This Executive Order rescinds Executive Order 01.01.2015.01.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the Town of Ocean City, this 27th Day of June, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-14-20]

 

EXECUTIVE ORDER 01.01.2017.14

Office of Rural Broadband

 

WHEREAS, Broadband internet access has become an essential part of everyday communication and everyday life;  

 

WHEREAS, Dependable high speed internet service has social and economic benefits, and provides an assurance that access to public services, including public safety services, will be available;

 

WHEREAS, Jurisdictions in Maryland have limited access to high speed internet;

 

WHEREAS, Underserved jurisdictions do not have resources available to increase access to high speed internet services;

 

WHEREAS, Partnerships and greater coordination between State government, local jurisdictions, and stakeholders would enable resource-sharing and would accelerate progress in meeting common broadband goals; and

 

WHEREAS, Maryland has established a long-term vision to provide affordable high speed internet service to every Maryland home by the year 2022;

 

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 LAWS OF MARYLAND, HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

I. Establishment.

A. There is an Office of Rural Broadband (the “Office”) in the Department of Information Technology.

B. The administrator of the Office shall be a Rural Broadband Director (“Director”) designated by the Governor and who shall serve at the pleasure of the Governor.

II. Duties.

A. The Office shall:

1. Assist and support local Maryland jurisdictions in their improvement of access to high speed internet;

2. Identify and coordinate the delivery of resources to local Maryland jurisdictions for the improvement of access to high speed internet, including identification of sources of funds, such as federal funding, that can be used to expand access to high speed internet, and assist those jurisdictions in applying to receive those funds;

3. Work with local jurisdictions and economic-development organizations to identify areas with a demand for better internet service;

4. Identify opportunities for productive partnerships, including public-private partnerships, that enable sharing of resources and further the goal of expanding access to high speed internet;

5. Oversee projects that increase the availability of high speed internet service, including a demonstration project in Western Maryland and a demonstration project on the Eastern Shore, both of which will be completed by April 2018;

6. Investigate and identify new technologies that would increase the availability of high speed internet service in Maryland;

7. Collect, analyze, and share data relevant to increasing  the availability of high speed internet service in  Maryland;

8. Develop recommendations for policy, regulations, or legislation to facilitate increased availability of high speed internet access in Maryland, as well as strategies for implementing those recommendations;

9. Support and complement the assessments, evaluations, studies, and other work of the Task Force on Rural Internet, Broadband, Wireless, and Cellular Service and act consistently with the goals and purposes of the Connecting Rural Maryland Act of 2017;

10. In the performance of these duties, coordinate with:

(a) the following executive departments (the “Lead Agencies”):

    1) The Department of Information Technology;

    2) The Maryland Department of Housing and Community Development;

    3) The Maryland Department of Commerce;

    4) The Maryland Department of Transportation; and

    5) The Maryland Department of Planning; and

(b) the following stakeholders:

    1) County and municipal information technology officials;

    2) The Maryland Broadband Cooperative;

    3) The Rural Maryland Council;

    4) Mid-Shore Regional Council;

    5) Tri-County Council for the Lower Eastern Shore of Maryland;

    6) Upper Shore Regional Council;

    7) Tri-County Council for Southern Maryland;

    8) Tri-County Council for Western Maryland;

    9) Appalachian Regional Commission; and

    10) Any other such stakeholders that the Director deems appropriate and invites to participate; and

11. Submit an annual report to the Governor on the

progress of the State’s efforts to increase access to high speed internet and containing any relevant recommendations.

B. Each Lead Agency shall:

1. Identify and coordinate resources and technology that can be used by local jurisdictions to increase the availability of high speed internet for their residents;

2. To the maximum extent permitted by law, share with one another, the Office, and local jurisdictions data relevant to increasing the availability of high speed internet for Maryland citizens; and

3. Update the Director within 45 days of the date of this Executive Order, and biannually thereafter, on its efforts to identify and coordinate resources and technology, and share data.

C. Designated agency liaisons. Each of the Lead Agencies shall designate an official liaison to assist and collaborate with the Director and Office in the fulfillment of the goals of this Executive Order.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the Town of Ocean City, this 27th Day of June 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-14-19]

 

 


Regulatory Review and Evaluation

Regulations promulgated under the Administrative Procedure Act will undergo a review by the promulgating agency in accordance with the Regulatory Review and Evaluation Act (State Government Article, §§10-130 — 10-139; COMAR 01.01.2003.20). This review will be documented in an evaluation report which will be submitted to the General Assembly’s Joint Committee on Administrative, Executive, and Legislative Review.  The evaluation reports have been spread over an 8-year period (see COMAR 01.01.2003.20 for the schedule).  Notice that an evaluation report is available for public inspection and comment will be published in this section of the Maryland Register.

 


Title 10
MARYLAND DEPARTMENT OF HEALTH 

Subtitle 52 PREVENTIVE MEDICINE

Notice of Opportunity for Public Inspection and Comment

 

In accordance with the Regulatory Review and Evaluation Act, State Government Article, §§ 10-130—10-139, Annotated Code of Maryland, the Maryland Department of Health is reviewing and evaluating certain regulations codified within Subtitle 52  of Title 10 of the Code of Maryland Regulations.  The purpose of the review and evaluation is to determine whether existing regulations continue to accomplish the purposes for which they were adopted, clarify ambiguous or unclear language, and repeal obsolete or duplicative provisions.

 

The regulations being reviewed are:

 

Subtitle 52 Preventive Medicine

COMAR 10.52.02 High Blood Pressure Control Services

 

Interested parties may submit comments to Sadie Peters, Medical Director, Center for Chronic Disease Prevention and Control, 201 West Preston Street, Room 306-J, Prevention and Health Promotion Administration, Baltimore, MD 21201, by email to Sadie.peters@maryland.gov, or fax to (410) 333-7106 with the subject “RREA COMAR 10.52.02.”  Comments must be received no later than August 10, 2017 11:59 p.m.

[17-14-13]

 


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 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

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

Notice of Final Action

[17-136-F]

On June 27, 2017, the Secretary of Natural Resources adopted amendments to Regulation .04 under COMAR 08.02.15 Striped Bass. This action, which was proposed for adoption in 44:10 Md. R. 488 (May 12, 2017), has been adopted as proposed.

Effective Date: July 17, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH [[AND MENTAL HYGIENE]]

Subtitle 44 BOARD OF DENTAL EXAMINERS

10.44.23 Unprofessional Conduct

Authority: Health Occupations Article, §§4-205(c)(3) and 4-315(a)(16) and (b)(3), Annotated Code of Maryland

Notice of Final Action

[17-037-F-I]

On June 21, 2017, the Secretary of Health adopted new Regulations .01 and .02, amendments to and the recodification of existing Regulation .01 to be Regulation .03, and the recodification of existing Regulation .02 to be Regulation .04 under COMAR 10.44.23 Unprofessional Conduct. This action, which was proposed for adoption in 44:2 Md. R. 134 (January 20, 2017), has been adopted as proposed.

Effective Date: July 17, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 66 OFFICE OF THE INSPECTOR GENERAL

10.66.01 Civil Money Remedy

Authority: Health-General Article, §2-504.1, Annotated Code of Maryland

Notice of Final Action

[17-118-F]

On June 27, 2017, the Secretary of Health adopted new Regulations .01—.04 under a new chapter, COMAR 10.66.01 Civil Money Remedy, under a new subtitle, Subtitle 66 Office of the Inspector General. This action, which was proposed for adoption in 44:9 Md. R. 441—442 (April 28, 2017), has been adopted with the nonsubstantive changes shown below.

Effective Date: July 17, 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 .03D(2): Adding the words “unless good cause is shown” could reasonably have been anticipated by those involved in the regulation process since few regulations are so rigid that good-cause exceptions are not permitted. The new language does not decrease the benefits, in any significant way that would have been achieved by the regulation as originally proposed: It is possible that the State might recover fewer dollars with the change to the proposed regulation, but highly unlikely. Any decrease would not be significant. In addition, this new language does not increase, in any significant way, the burden that would have imposed by the regulation as proposed: The change will decrease, rather than increase, any burden on citizens, because it would permit the amount of the civil money remedy to be reduced if good cause is shown. Therefore, it is determined that the requested change to the proposed regulation is not substantive.

.03 Civil Money Remedy — Imposition.

A.C. (proposed text unchanged) 

D. A civil money remedy imposed under this chapter:

(1) (proposed text unchanged) 

(2) May not be less than the federal financial participation share of the identified improper claim amount unless good cause is shown;

(3)—(5) (proposed text unchanged) 

E.I. (proposed text unchanged) 

DENNIS SCHRADER
Secretary of Health

 

Title 19A
STATE ETHICS COMMISSION

Notice of Final Action

[17-122-F]

On June 15, 2017, the Maryland State Ethics Commission adopted amendments to:

(1) Regulation .02 under COMAR 19A.01.01 General Provisions;

(2) Regulation .04 under COMAR 19A.04.02 Review Criteria;

(3) Appendix A under COMAR 19A.04 Local Government Ethics Law;

(4) Regulation .04 under COMAR 19A.05.02 Review Criteria; and

(5) Appendix A and Appendix B under COMAR 19A.05 Board of Education Ethics Regulations.

This action, which was proposed for adoption in 44:9 Md. R. 448—449 (April 28, 2017), has been adopted as proposed.

Effective Date: July 17, 2017.

MICHAEL W. LORD
Executive Director

 

 


Proposed Action on Regulations

 


 



Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.22 Sharks

Authority: Natural Resources Article, §4-2A-03, Annotated Code of Maryland

Notice of Proposed Action

[17-169-P]

The Secretary of Natural Resources proposes to amend Regulation .03 under COMAR 08.02.22 Sharks.

Statement of Purpose

The purpose of this action is to change the requirements for landing smoothhound sharks with fins removed. Smoothhound sharks (Mustelus canis) are commonly known as smooth dogfish.

The Atlantic States Marine Fisheries Commission (ASMFC) Coastal Sharks Management Board approved Addendum IV to the Fishery Management Plan (FMP) for Atlantic Coastal Sharks on August 2, 2016. As a result, the Department of Natural Resources is required to implement Addendum IV in state waters. The Addendum maintains consistency between federal and state shark fishery management plans and incorporates the intent of the smoothhound limited exception in the Shark Conservation Act of 2010 (SCA) into state regulations. Specifically, the Addendum amends the FMP to allow smoothhound carcasses to be landed with corresponding fins removed as long as the total retained catch on board at the time of landing is composed of at least 25 percent, by weight, smoothhound sharks. Trips that do not meet the 25 percent catch composition requirement can land smoothhounds, but the fins must remain naturally attached to the carcass. Fishermen may retain other sharks on board provided the fins of other shark species remain naturally attached to the carcass through landing. The proposed action changes the requirements for landing smoothhound shark fins to be consistent with Addendum IV to the Fishery Management Plan for Atlantic Coastal Sharks.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action may have a negative economic impact for harvesters without a federal smoothhound shark permit, dealers, and processors.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Licensees without federal smoothhound permit

(-)

Indeterminable

(2) Licensees with federal smoothhound permit

NONE

NONE

(3) Dealers and processors

(-)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

 

 

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

D(1). Preliminary landings data for 2016 indicate that approximately 24,000 pounds of smoothhound sharks were landed in Maryland. Eight licensees without federal commercial smoothhound shark permits landed approximately 2,000 pounds (8%) of that total. The dockside value in Maryland for 2016 for smoothhound sharks averaged $1.40 per pound. Based on the information available it would seem that the eight individuals would each be impacted negatively by $350 per year, but there are several factors that are unknown that makes the actual impact indeterminable. We are unable to tell from the data if the smoothhound sharks on board would make up the required harvest percentage, if the harvesters will change their fishing habits because of this action or if the harvesters will land smoothhound sharks whole. Based on those variables the actual amount is indeterminable. If the department does not implement the Addendum, Maryland could be found out of compliance and the recommendation could be made to shut down the fishery entirely in state waters, which would be a negative impact for harvesters, dealers and processors.

D(2). This rule has already been implemented in federal waters. Most smoothhound sharks landed in Maryland are landed by individuals that have a federal permit for this species. The federal permit requires permittees to abide by the most restrictive rule. In other words, since the federal rule is in place and is currently more restrictive than Maryland rules, permittees have to follow federal rules. This action will have no economic impact to individuals with federal commercial smoothhound shark permits.

D(3). This action will have a minimal impact on dealers and processors because the rule has already been implemented in federal waters. Most smooth dogfish landed in Maryland are landed by individuals that have a federal permit for this species and the federal permit requires permittees to abide by the most restrictive rule. In other words, since the federal rule is in place and is currently more restrictive than Maryland rules, permittees have to follow federal rules. Preliminary landings data for 2016 indicate that approximately 24,000 pounds of smoothhound sharks were landed in Maryland. Licensees without federal permits landed approximately 2,000 pounds (8%) of that total. If those licensees quit harvesting smoothhound sharks, it is likely that the harvesters and processors would have a negative impact, but the actual impact is indeterminable and would likely be minimal.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows.

This action may have a negative economic impact for harvesters without a federal smoothhound shark permit, dealers, and processors.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Smooth Dogfish Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.03 Commercial Fishery.

A.—D. (text unchanged)

E. General.

(1)—(3) (text unchanged)

(4) Except [for smoothhound sharks] as provided in §E(5) of this regulation, all sharks harvested in accordance with this chapter shall have the tails and fins attached naturally to the carcass through landing.

(5) Smoothhound sharks harvested in accordance with this chapter may have the dorsal, pectoral, and caudal fins removed[.] if smoothhound sharks make up at least 25 percent, by weight, of the total catch on board at the time of landing.

(6)—(7) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.01 General

Authority: Natural Resources Article, §10-408, Annotated Code of Maryland

Notice of Proposed Action

[17-182-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.03.01 General.

Statement of Purpose

The purpose of this action is to define the term “air gun”, which became a legal weapon to use during the 2016—2017 hunting seasons. Air guns may be used to hunt deer during the firearms season. Air guns may also be used to hunt black bear, upland game birds and mammals, furbearers, and wild turkeys during the spring and winter seasons but only with an air gun propelling an arrow. This amendment will allow the Department to better inform citizens on when an air gun may be used for hunting and for which species and in which seasons. The change is also intended to keep hunting regulations current and promote the safe use of new hunting devices as they become available.

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 Peter Jayne, Associate Director, Wildlife and Heritage Service, Department of Natural Resources, P.O. Box 68, Wye Mills, MD 21679, or call 410-827-8612, or email to peter.jayne@maryland.gov, or fax to 410-827-5186. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Air gun” means any gun that propels a projectile by means of non-ignited compressed air or other gases. An air gun is considered unloaded when the bullet, pellet, arrow, bolt or other projectile is removed from the gun.

[(1)] (2)[(41)] (42) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

Subtitle 03 WILDLIFE

08.03.02 Use of Wildlife Areas

Authority: Natural Resources Article, §10-808, Annotated Code of Maryland

Notice of Proposed Action

[17-167-P]

The Secretary of Natural Resources proposes to amend Regulation .28 under COMAR 08.03.02 Use of Wildlife Areas.

Statement of Purpose

The purpose of this action is to clarify when the Deal Island Wildlife Management Area and the Fairmount Wildlife Management Area impoundments will be open to waterfowl hunting when Christmas Day and New Year’s Day occur on a Sunday. The impoundments on these two wildlife areas are usually open for hunting on Christmas Day and New Year’s Day, except there is no Sunday waterfowl hunting allowed by statute. The proposed amendment will open these impoundments on the following Monday. The amendment will also change the hours during which hunters may use these impoundments for hunting.

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 Karina Stonesifer, Associate Director, Wildlife and Heritage Service, Department of Natural Resources, 12512 Pleasant Valley Road, Flinestone, MD 21530, or call 301-777-2136, or email to Karina.stonesifer@maryland.gov, or fax to 301-777-2029. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.28 Hunting Restrictions on Certain Wildlife Management Areas.

A.—E. (text unchanged)

F. Deal Island and Fairmount WMA Impoundments.

(1) Hunting within the Deal Island WMA impoundment is allowed on the following days annually:

(a) Junior Waterfowl Hunt Days [(for persons aged 15 or younger)];

(b)—(d) (text unchanged)

(2) Hunting within the Fairmount WMA impoundments is allowed on the following days annually:

(a) (text unchanged)

(b) Junior Waterfowl Hunt Days [(for persons aged 15 or younger)];

(c) (text unchanged)

(d) Opening day, any Saturday, and Thanksgiving during the November portion of the duck hunting season; [and]

(e) Opening day, any Friday, any Saturday, Christmas Day, New Year’s Day, and Martin Luther King Day during the December—January portion of the duck hunting season[.]; and

(f) When Christmas Day and New Year’s Day occur on a Sunday, on the Monday immediately following each of the holidays.

(3) (text unchanged)

(4) All hunters shall be off the waters and dikes of the impoundments [by one hour] between 1-1/2 hours after sunset and 2-1/2 hours prior to sunrise.

G.—J. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals

Authority: Natural Resources Article, §§10-205, 10-406, and 10-410, Annotated Code of Maryland

Notice of Proposed Action

[17-166-P]

The Secretary of Natural Resources proposes to amend Regulations .01 and .05 under COMAR 08.03.03 Open Seasons, Bag Limits for Game Birds and Game Animals.

Statement of Purpose

The purpose of this action is to comply with legislation passed during the 2017 session of the General Assembly. Changes to Regulation .01 will increase the number of Sundays open to deer hunting in Kent and Montgomery counties. This regulation will also restrict the shooting hours for certain deer hunting dates in Kent and Montgomery counties as required by legislation. Kent County is added to the list of counties that permit Sunday hunting during the spring turkey season. Changes to Regulation .05 will remove the prohibition for nonresidents to trap beavers and otters.

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 Peter Jayne, Associate Director, Wildlife and Heritage Service, Department of Natural Resources, P.O. Box 68, Wye Mills, MD 21679, or call 410-827-8612, or email to peter.jayne@maryland.gov, or fax to 410-827-5186. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.01 Bag Limits and Possession Limits.

A.—C. (text unchanged)

D. Hunting on Sunday.

(1) (text unchanged)

(2) An individual may hunt on Sunday, if the individual is:

(a)—(c) (text unchanged)

(d) Shooting white-tailed or sika deer under the authority of a Deer Management Permit as described in COMAR 08.03.04.02;

[(d)] (e) Hunting white-tailed or sika deer on private property as described in Regulations .07 and .08 of this chapter:

(i) On the first Sunday in November during the deer bow season and the first Sunday of the deer firearms season in Anne Arundel[,] and Cecil[, Kent, and Montgomery] counties;

(ii)—(v) (text unchanged)

[(e)] (f)[(f)] (g) (text unchanged)

(h) Hunting deer on private property in Kent County:

(i) From 30 minutes before sunrise to 30 minutes after sunset on all Sundays in October and November during the deer bow season, all Sundays in December and January during the deer muzzleloader season, and the first Sunday in the deer firearms season; and

(ii) From 30 minutes before sunrise to 10:30 a.m. on the second and any subsequent Sunday during the deer firearms season;

(i) Hunting deer on private property in Montgomery County:

(i) From 30 minutes before sunrise to 30 minutes after sunset on the first Sunday in November during the deer bow season and the first Sunday in the deer firearms season; and  

(ii) Except as provided in §D(2)(i)(i) of this regulation, from 30 minutes before sunrise to 10:30 A.M. on all Sundays in October and November during the deer bow season, all Sundays in December and January during the deer muzzleloader season, and the second and any subsequent Sunday during the deer firearms season;

[(g)] (j) Hunting wild turkeys as described in Regulation .03 of this chapter on private property on any Sunday during the Junior Hunt and spring season in Calvert, Caroline, Carroll, Charles, Kent, and St. Mary’s counties;

[(h)] (k)[(i)] (l) (text unchanged)

E.–G. (text unchanged)

.05 Fur-Bearing Mammals

Species

Open Season, subject to COMAR 08.03.03.01D

Location

Bag Limits

Possession Limit

A. Beaver.

[(closed to nonresidents)]

 

 

 

  (1)—(2)

(text unchanged)

 

 

 

B.—G. 

(text unchanged)

 

 

 

H. Otter.

[(closed to nonresidents)]

 

 

 

  (1)—(2)

(text unchanged)

 

 

 

 

 

 

I.—K.         (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.04 Forest Wildlife

Authority: Natural Resources Article, §§10-205, 10-408, and 10-418, Annotated Code of Maryland

Notice of Proposed Action

[17-168-P]

The Secretary of Natural Resources proposes to amend Regulations .02, .03, .05, and .23 under COMAR 08.03.04 Forest Wildlife.

Statement of Purpose

The purpose of this action is to comply with legislation passed during the 2017 session of the General Assembly. Amendments to Regulation .02 add Deer Management Permit holders (i.e., permittees) to the list of persons that shall wear fluorescent orange clothing in accordance with Natural Resources Article, §10-418(b), Annotated Code of Maryland, when shooting under the authority of a deer management permit. Amendments to Regulation .03 are to broaden the means by which an individual killing a deer or turkey may report the kill to the Department. Amendments to Regulation .23 remove the exemption from wearing fluorescent orange clothing for a person hunting certain wildlife on that person’s property.

In addition, as a result of recently enacted legislation, amendments to Regulation .05 will add air guns to the hunting devices that may not be carried by a person hunting deer with a bow during the deer bow hunting season. The change is intended to keep hunting regulations current with new hunting devices as they are made legal for use in Maryland.

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 Peter Jayne, Associate Director, Wildlife and Heritage Service, Department of Natural Resources, P.O. Box 68, Wye Mills, MD 21679, or call 410-827-8612, or email to Peter.jayne@maryland.gov, or fax to 410-827-5186. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.02 Deer Management Permit Procedures.

A.—E.  (text unchanged)

F. Deer Reduction Procedure.

(1)—(5) (text unchanged)

(6) Agents.

(a)—(b) (text unchanged)

(c) [Agents] Permittees and agents shooting under the authority of a deer management permit shall wear fluorescent orange clothing in accordance with Natural Resources Article, §10-418(b), Annotated Code of Maryland when:

(i)—(iii) (text unchanged)

(7)—(8) (text unchanged)

G.—K. (text unchanged)

.03 Tagging and Reporting Deer and Wild Turkey.

A. (text unchanged)

B. Harvest Reporting.

(1) An individual killing a deer or turkey shall report the kill to the Department by calling a designated toll-free number [or], by registering the kill on the Internet [at www.gamecheck.dnr.state.md.us], or as designated on the Department’s website.

(2)—(3) (text unchanged)

C.—E. (text unchanged)

.05 Devices for Hunting Deer and Black Bear.

A. (text unchanged)

B. Bow.

(1)—(2) (text unchanged)

(3) An individual may not:

(a) Possess [firearms] an airgun or firearm while hunting with a bow during the deer bow hunting season, except in Deer Management Region A as described in COMAR 08.03.03.06A(2)(a), a person 21 years old or older may carry a handgun for personal protection while hunting deer in the bow season if that handgun:

(i)—(iii) (text unchanged)

(b)—(d) (text unchanged)

(4)—(6) (text unchanged)

C.—G. (text unchanged)

.23 Hunting Deer When the Black Bear Season is Open.

[A. Except as provided in §B of this regulation, a] A person may not bow hunt or assist with bow hunting deer in the hunted area for black bears as defined by COMAR 08.03.04.20B when the black bear hunting season is open unless the person wears:

[(1)] A.[(3)] C. (text unchanged)

[B. This regulation does not apply to any person who hunts any wildlife on the person’s property with or without a hunter’s license.]

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH
 [AND MENTAL HYGIENE]

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.03 Pharmacy Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-103.1, 15-105, and 15-118, Annotated Code of Maryland

Notice of Proposed Action

[17-138-P]

The Secretary of Health proposes to amend Regulations .01 and .03—.07 under COMAR 10.09.03 Pharmacy Services.

Statement of Purpose

The purpose of this action is to update the Department’s reimbursement methodology to pharmacy providers as required by the CMS Covered Outpatient Drug final rule (CMS-2345-FC), which mandates the transition from an estimated acquisition cost to an actual acquisition cost as the basis for the State Medicaid pharmacy ingredient cost reimbursement. The proposed action also removes unnecessary references to the Primary Adult Care Program.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will reduce Medicaid pharmacy ingredient cost reimbursement, and increase dispensing fee reimbursement, for a net increase in Program expenditures by $900,000 annually.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

 

(1)

(E-)

$26,900,000

(2)

(E+)

$27,800,000

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$900,000

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A(1). In order to comply with federal rules requiring ingredient cost reimbursement based upon the National Average Drug Acquisition Cost (NADAC), the fiscal estimate based on historical fee-for-service claims data ($523.4 million) was recalculated using the NADAC methodology ($496.5 million) in order to determine a reduction of $26.9 million annually, total funds.

A(2). Dispensing fees, which ranged from $2.56 to $4.46, depending on whether they were generic or brand products, whether they were on the preferred drug list, and whether they were dispensed to nursing facility residents, are increased to $10.49 for all brand and generic products, and $11.49 if dispensed to nursing facility residents. This results in an increase from $14.6 million to $42.4 million, or $27.8 million annually, total funds.

D. The combined impact of the increase in dispensing fees and reduction in ingredient cost reimbursement described in Section IIIA. will be an increase in reimbursement to pharmacy providers totaling $900,000 annually.

Economic Impact on Small Businesses

The proposed action has a meaningful economic impact on small business. An analysis of this economic impact follows.

The proposed action has a meaningful economic impact on small business as described in The Estimate of Economic Impact, Section IIIA and D above.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “340B price” means the price at which drugs are purchased as authorized under Section 340B of the Public Health Service Act.

[(1)] (2) “Actual acquisition cost (AAC)” means the amount paid by a provider for a drug or product less all discounts, rebates, refunds, chargebacks, incentives, and price reductions.

[(2)] (3)[(3)] (4) (text unchanged)

[(4) “Average wholesale price (AWP)” means the price of a particular drug product in at least one national compendium based on the average of prices charged for the product by wholesalers throughout the country.]

(5)—(8) (text unchanged)

(9) “Copayment” means the amount a [recipient] participant is liable to pay for prescriptions, when applicable[. The amount of copayment shall be], which is deducted from provider reimbursement.

(10)—(11) (text unchanged)

(12) “Direct price” means,[:

(a) The price charged by a pharmaceutical manufacturer to a dispensing pharmacy for a product supplied to the pharmacy without intermediate distribution charges; or

(b) For specialty] for drugs identified by the Program, the price charged by a pharmaceutical manufacturer to a dispensing pharmacy for a product supplied to the pharmacy without intermediate distribution charges, less any rebates, discounts, refunds, chargebacks, incentives, and price reductions.

(13)—(15) (text unchanged)

[(16) “Estimated acquisition cost (EAC)” means the lowest price of a drug product as determined by the following criteria:

(a) Wholesale acquisition cost (WAC) plus 8 percent;

(b) Direct price plus 8 percent; or

(c) Average wholesale price (AWP) less 12 percent.]

[(17)] (16) (text unchanged)

(17) “Federally qualified health center (FQHC)” means an entity as defined by Health-General Article, §24-1301, Annotated Code of Maryland, and §1905(l)(2)(B) of the Social Security Act.

(18) “Federal supply schedule (FSS)” means the drug pricing program under the collection of multiple award contracts used by federal agencies, U.S. territories, Indian tribes, and other specified entities to purchase supplies and services from outside vendors.

[(18)] (19) “Federal [generic] upper limit [(FGUL)] (FUL)” means the upper limit of payment for multiple source drugs for which a specific maximum allowable cost has been established by the Centers for Medicare & Medicaid Services (CMS) of the Department of Health and Human Services pursuant to 42 CFR §447.514.

[(19)] (20)[(22)] (23) (text unchanged)

[(23) “Interchangeable drug cost (IDC)” means the maximum amount the Program will reimburse for approved interchangeable multiple source drugs on the State Formulary determined by using the:

(a) Lowest estimated acquisition cost of the generically equivalent products available in the State; or

(b) Price obtained by:

(i) Ascertaining the lowest cost from among the approved interchangeable multiple source products from each wholesaler that the Program has current and accurate pricing information; and

(ii) Selecting as the IDC the highest of the costs ascertained in §B(22)(b)(i) of this regulation; or

(c) Price from a commercial generic pricing source.]

(24)—(26) (text unchanged)

(27) “National average drug acquisition cost (NADAC)” means the average price paid by retail community pharmacies to acquire a prescription or over-the-counter covered out-patient drug as calculated by the Centers for Medicare and Medicaid Services.

(28) “Nominal price” means a price that is less than 10 percent of the average manufacturer price (AMP) in the same quarter for which AMP is computed.

[(27)] (29) (text unchanged)

(30) “Participant” means a person who is certified as eligible for and is receiving Medical Assistance benefits.

[(28)] (31)[(34)] (37) (text unchanged)

[(35)] (38) Professional dispensing [Fee.

(a) “Professional fee” means the fee as determined by the Program that is incurred at the point of sale or service and pays for costs in excess of the ingredient cost of a covered outpatient drug each time a covered outpatient drug is dispensed.

(b) “Professional fee” includes only direct pharmacy costs associated with ensuring that possession of the appropriate covered outpatient drug is transferred to a recipient.

(c) “Professional fee” does not include administrative costs incurred by the State in the operation of the covered outpatient drug benefit including systems costs for interfacing with pharmacies] fee” means the professional fee as defined in 42 CFR §447.502.

[(36)] (39)[(37)] (40) (text unchanged)

[(38) “Recipient” means a person who is certified as eligible for and is receiving Medical Assistance benefits.]

[(39)] (41) (text unchanged)

(42) “State actual acquisition cost (SAAC)” means, for those drugs or products identified by the Program, the Program’s or its designee’s calculation of AAC, based on a survey of providers’ actual prices paid to acquire drugs or products marketed or sold by specific manufacturers, when NADAC is unavailable.

[(40)] (43) (text unchanged)

[(41)] (44) “State-only [recipients] participants” means those [recipients] participants in the Program administered and financed by the State who do not meet the technical requirements of Title XIX of the Social Security Act and for whom the State does not claim federal financial participation.

[(42)] (45)[(43)] (46) (text unchanged)

.03 Conditions for Participation.

To participate in the Program, the provider shall:

A.—G. (text unchanged)

H. [Not] Agree that the provider may not employ knowingly a person who has been disqualified from the Program to compound or dispense Medical Assistance prescriptions, unless prior written approval has been received from the Department;

I. Verify the [recipient’s] participant’s eligibility before dispensing covered drugs;

J. Place no restriction on the [recipient’s] participant’s right to select providers of the [recipient’s] participant’s choice;

K. Agree that if the Program denies payment or requests repayment on the basis that an otherwise covered service was not medically necessary, the provider may not seek payment for that service from the [recipient] participant;

L. (text unchanged)

M. Reverse invoice charges for any prescription not picked up by the [recipient] participant or their designee within 14 days;

N. Maintain a record of a [recipient] participant or designee’s written authorization for automatic refill, if automatic refills are provided;

O. [Except for individuals enrolled in Primary Adult Care under COMAR 10.09.60, not] Agree that the provider may not deny services to any [recipient] participant because of the individual’s inability to pay the copayment; [and]

P. Agree that if the Program denies payment due to late billing, the provider may not seek payment from the [recipient.] participant;

Q. On the Department’s request, provide within 15 days all invoices, as defined in Regulation .01B(24)(b) of this chapter, to assess the AAC; and

R. Participate in the cost of dispensing survey and, on the Department’s request and within the Department’s timeline, provide to the Department all documentation that the Department or its designee determines is necessary. 

.04 Covered Services.

A. The Department shall cover:

(1)—(2) (text unchanged)

[(3) Insulin when prescribed in original packages;]

[(4)] (3)[(8)] (7) (text unchanged)

[(9)] (8) Nonlegend chewable tablets of any ferrous salt if:

(a) (text unchanged)

(b) The [recipient] participant is under 12 years old; and

(c) (text unchanged)

[(10) Medical supplies used in the preparation of compounded prescriptions for intravenous therapy used in nursing facilities;]

[(11)] (9)[(12)] (10) (text unchanged)

B. (text unchanged)

.05 Limitations.

A. Except as specifically identified as being covered under Regulation .04 of this chapter, the following are not covered:

(1)—(13) (text unchanged)

(14) Oral drugs or injections for central nervous system stimulants [and anorectic], anorexigenics, and any other agents when used for weight control;

(15)—(19) (text unchanged)

B. (text unchanged)

C. Limitations on Covered Services.

(1)—(4) (text unchanged)

(5) Copayment for Services Rendered on or after July 1, 2005.

(a) There will be no pharmacy copayment for prescriptions for the following:

(i) Individuals younger than 21 years old [unless they are enrolled in the Primary Adult Care Program under COMAR 10.09.60];

(ii) (text unchanged)

(iii) Institutionalized individuals who are inpatients in long-term care facilities or other institutions requiring spending all but a minimal amount of income for medical costs; [and]

(iv) Family planning drugs and devices; and

(v) Individuals who are American Indians or Alaskan Natives.

(b) The copayments for prescriptions not excluded from a copayment under §C(5)(a) of this regulation are:

(i) (text unchanged)

(ii) $1 for prescriptions for generic drugs and brand name drugs on the preferred drug list; and

(iii) $1 for prescriptions for antiretroviral drugs in American Hospital Formulary Service therapeutic class 8:18:08[;].

[(iv) $2.50 for prescriptions of generic drugs and brand name drugs on the preferred drug list for individuals enrolled in the Primary Adult Care Program under COMAR 10.09.60; and

(v) $7.50 for prescriptions of brand name drugs not on the preferred drug list for individuals enrolled in the Primary Adult Care Program under COMAR 10.09.60.]

(6)—(8) (text unchanged)

(9) Prescriptions dispensed to [recipients] participants residing in nursing facilities are subject to the following limitations:

(a)—(c) (text unchanged)

[D. Drug products removed from the State Formulary shall be deleted from the Program’s interchangeable drug list effective with removal from the State Formulary.]

[E.] D.[F.] E. (text unchanged)

.05-1 Expanded Limitations.

A. A drug is not covered for State-only [recipients] participants if:

(1) The manufacturer has not provided the same rebate to the State for State-only [recipients’] participants’ purchases of drugs as is required under Section 1927(c) of Title XIX of the Social Security Act (42 U.S.C. §1396r-8(c));

(2) (text unchanged)

(3) The manufacturer has failed to demonstrate to the Secretary that the drug’s availability is essential to State-Only [recipients] participants.

B. (text unchanged)

 

.06 Preauthorization Requirements.

A. The provider shall obtain preauthorization from the Department or its designee for any prescription for:

(1)—(6) (text unchanged)

[(7) Growth hormone;

(8) Palivizumab;]

[(9)] (7)[(11)] (9) (text unchanged)

B.—D. (text unchanged)

E. Reconsideration of Adverse Decisions.

(1) The Department or its designee shall respond within 48 hours of receiving all necessary documentation of a written request from a [recipient] participant or provider for reconsideration of an adverse decision on a preauthorization request.

(2)—(3) (text unchanged)

F. The Department or its designee may:

(1) Require preauthorization for more than ten prescriptions including refills per 30-day period per noninstitutionalized [recipient] participant; and

(2) (text unchanged)

.07 Payment Procedures.

A.—E. (text unchanged)

F. The pharmacy provider shall charge the Program the provider’s usual and customary charge to the general public for similar prescriptions. [For chewable tablets of ferrous salts in combination as described in Regulation .04A(9) of this chapter, the provider’s usual and customary charge to the general public may not exceed $10 for 100 tablets. Charges for other quantities of chewable tablets of ferrous salts in combination as described in Regulation .04A(9) of this chapter shall be calculated at the same rate.]

G. (text unchanged)

H. Determination of Allowable Cost.

(1) For covered [multiple source] legend drugs [listed on the Program’s Interchangeable Drug List, including Schedule V cough preparations] and nonlegend drugs, allowable cost shall be [the lowest of the]:

[(a) Interchangeable drug cost (IDC);

(b) Estimated acquisition cost (EAC); or

(c) Federal generic upper limit (FGUL).]

(a) The NADAC; or

(b) When the NADAC is unavailable, the lowest of the:

(i) WAC plus 0 percent;

(ii) FUL; and

(iii) SAAC.

(2) For [all other] covered legend [drugs, including] brand name drugs for which the [prescription requires the brand name drug to be dispensed] prescriber files an official report of an adverse event or product problem regarding a generic drug with the Program or the United States Food and Drug Administration, or when the Department requires the brand name drugs to be dispensed, the allowable cost shall be [the EAC determined by the Department.]:

(a) The NADAC of the branded product; or

(b) When the NADAC of the branded product is unavailable, the lower of the:

(i) WAC plus 0 percent; or

(ii) SAAC.

[(3) Notwithstanding the provisions of §H(1)(a) of this regulation, when a prescriber files an official report of an adverse event or product problem regarding a generic drug with the Program or the United States Food and Drug Administration, the EAC of the product shall be the allowable cost if a brand name drug is dispensed.]

[(4)] (3) For condoms dispensed by pharmacy providers, the allowable cost shall be [the EAC determined by the Department] as described in §H(1) of this regulation.

[(5)] (4) For covered [over-the-counter insulin, covered] over-the-counter [nutritional supplements] products, and covered medical supplies, the allowable cost shall be [based on the AWP of the item] as described in §H(1) of this regulation.

(5) For covered specialty drugs not dispensed by a retail community pharmacy but dispensed primarily through the mail, the allowable cost shall be:

(a) The NADAC; or

(b) When the NADAC is unavailable, the lowest of the:

(i) WAC plus 0 percent;

(ii) FUL; or

(iii) SAAC.

(6) [For covered over-the-counter enteric coated aspirin, oral ferrous sulfate products, chewable tablets of ferrous salts in combination as described in Regulation .04A(9) of this chapter, and all other covered over-the-counter drugs, allowable cost shall be the lowest of] Except when purchased at the 340B price by a provider, the allowable cost for covered clotting factors shall be the lower of the:

(a) [IDC] WAC plus 0 percent; or

(b) [EAC] AAC plus 8 percent[; or].

[(c) FGUL.]

(7) For 340B covered entities or FQHCs that fill Program participant prescriptions with drugs purchased at the prices authorized under Section 340B of the Public Health Service Act, the allowable cost shall be the provider’s AAC.

(8) For facilities that fill Medicaid participant prescriptions with drugs purchased through the FSS, the allowable cost shall be the provider’s AAC.

(9) For facilities that fill Medicaid participant prescriptions with drugs purchased at nominal price, outside of 340B and FSS, the allowable cost shall be the provider’s AAC.

I. Payment for Covered Services to a Pharmacy.

(1) Payment for covered legend and nonlegend drugs, [Schedule V cough preparations, enteric coated aspirin, and oral ferrous sulfate products] over-the-counter products, and covered medical supplies is the lower of:

(a) (text unchanged)

(b) The [total of] amount that is:

(i) The allowable cost of the item in [§H] §H(1) of this regulation;

(ii) Plus the applicable professional dispensing fee indicated in [§I(7)] §I(10) or [§I(8)] (11) of this regulation; and

(iii) (text unchanged)

(2) Payment for [over-the-counter drugs other than enteric coated aspirin and oral ferrous sulfate products] covered legend brand name drugs as indicated in §H(2) of this regulation shall be the [lowest] lower of:

(a) The provider’s charge according to §F of this regulation, less any applicable copayment according to Regulation .05C(5) of this chapter; or

(b) [The allowable cost plus 50 percent, less any applicable copayment according to Regulation .05C(5) of this chapter; or] The total of:

(i) The allowable cost of the item in §H(2) of this regulation;

(ii) Plus the applicable professional dispensing fee indicated in §I(10) or (11) of this regulation; and

(iii) Less any applicable copayment according to Regulation .05C(5) of this chapter.

[(c) The allowable cost plus the applicable professional fee in §I(7) or (8) of this regulation, less any applicable copayment according to Regulation .05C(5) of this chapter.]

(3) Payment for condoms will be the lower of the:

(a) (text unchanged)

(b) Allowable cost according to [§H(4)] §H(3) of this regulation[, plus 50 percent].

(4) (text unchanged)

(5) Payment for [medical supplies] covered specialty drugs not dispensed by a retail community pharmacy but dispensed primarily through the mail shall be the lower of the:

(a) (text unchanged)

(b) [Allowable cost of the item in §H(5) of this regulation, less any applicable copayment according to Regulation .05C(5) of this chapter.] The total of:

(i) The allowable cost of the item in §H(5) of this regulation;

(ii) Plus the applicable professional dispensing fee indicated in §I(11) of this regulation; and

(iii) Less any applicable copayment according to Regulation .05C(5) of this chapter.

(6) Payment for clotting factor shall be lower of the:

(a) Provider charge according to §F of this regulation, less any applicable copayment according to Regulation .05C(5) of this chapter; or

(b) Amount that is:

(i) The allowable cost of the item in §H(6) of this regulation;

(ii) Plus the applicable professional dispensing fee indicated in §I(11) of this regulation; and

(iii) Less any applicable copayment according to Regulation .05C(5) of this chapter.

(7) Payment for providers that fill Medicaid participant prescriptions with drugs purchased at the prices authorized under Section 340B of the Public Health Service Act shall be the total of:

(a) The allowable cost of the item in §H(7) of this regulation;

(b) Plus the applicable professional dispensing fee indicated in §I(12) of this regulation; and

(c) Less any applicable copayment according to Regulation .05C(5) of this chapter.

(8) Payment for facilities that fill Medicaid participant prescriptions with drugs purchased through the FSS shall be the total of:

(a) The allowable cost of item in §H(8) this regulation;

(b) Plus the applicable professional dispensing fee indicated in §I(10) or (11) of this regulation; and

(c) Less any applicable copayment according to Regulation .05C(5) of this chapter.

(9) Payment for facilities that fill Medicaid participant prescriptions with drugs purchased at nominal price, outside of 340B and FSS, shall be the total of:

(a) The allowable cost of item in §H(9) this regulation;

(b) Plus the applicable professional dispensing fee indicated in §I(10) or (11) of this regulation; and

(c) Less any applicable copayment according to Regulation .05C(5) of this chapter.

[(7)] (10) The professional dispensing fee for covered services rendered on or after [July 1, 2011] April 1, 2017 to a pharmacy for [recipients] participants residing in nursing facilities[,] shall be[:] $11.49.

[(a) $4.46 for generic drugs and for drugs on the preferred drug list;

(b) $3.51 for brand name drugs not on the preferred drug list; and

(c) For compounded prescriptions of intravenous therapy, the lower of:

(i) $6.89 per day of therapy; and

(ii) $6.89 per unit of therapy compounded.]

[(8)] (11) The professional dispensing fee for covered services rendered on or after [July 1, 2011] April 1, 2017 to a pharmacy for individuals other than residents in nursing facilities[,] shall be[:] $10.49.

[(a) $3.51 for generic drugs and for drugs on the preferred drug list;

(b) $2.56 for brand name drugs not on the preferred drug list; and

(c) $0.00 for compound prescriptions of intravenous therapy.]

(12) The professional dispensing fee for covered services rendered on or after April 1, 2017 to a pharmacy for medication purchased at the prices authorized under Section 340B of the Public Health Services Act shall be $12.12.

[(6)] (13) The Department may pay a pharmacy using an approved unit dose system on the basis of a [daily or] monthly dispensing fee per nursing home resident. The value of [these fees] the fee may not be higher than the pharmacy’s usual and customary charge to non-Medicaid patients for similar services.

J. Payment for Covered Services to a Physician or Osteopath.

(1) (text unchanged)

(2) The Program shall reimburse a physician or osteopath for covered drugs dispensed to Medicaid [recipients] participants on the same basis as reimbursement to a registered pharmacist if:

(a)—(c) (text unchanged)

K. In order to determine whether the current professional dispensing fee is appropriate, the Department will periodically conduct surveys to determine the actual costs involved in filling a prescription in the State.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Proposed Action

[17-175-P]

The Secretary of Health proposes to amend:

(1) Regulation .01 under COMAR 10.09.27 Home Care for Disabled Children Under a Model Waiver; and

(2) Regulation .03 under COMAR 10.09.47 Disproportionate Share Hospitals.

Statement of Purpose

The purpose of this action is to correct outdated references to the hospital services regulations.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

 

10.09.27 Home Care for Disabled Children Under a Model Waiver

Authority: Health-General Article, §§2-104(b) 15-103, and 15-105, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(18) (text unchanged)

(19) “Participant” means a recipient:

(a) Whose initial eligibility for services under this chapter is established as a disabled child certified by the Department or its designee as requiring nursing home care under the Program pursuant to COMAR 10.09.10 or COMAR 10.09.11, or inpatient hospital care pursuant to COMAR [10.09.06] 10.09.92—10.09.95, but whose medical condition does not require 24-hour inpatient care unless home care services are not available;

(b)—(f) (text unchanged)

(20)—(32) (text unchanged)

 

10.09.47 Disproportionate Share Hospitals

Authority: Health-General Article, §§2-104(b) 15-103, and 15-105, Annotated Code of Maryland

.03 Disproportionate Share Payment.

A.—C. (text unchanged)

D. Payments according to §A or B of this regulation shall be:

(1)—(2) (text unchanged)

(3) Made to appropriate hospital providers that comply with all regulations set forth in COMAR [10.09.06] 10.09.9210.09.95.

E.—H. (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.49 Telehealth Services

Authority: Health-General Article, §§2-104(b) and 15-105.2(b), Annotated Code of Maryland; Ch. 280, Acts of 2013

Notice of Proposed Action

[17-174-P]

The Secretary of Health proposes to amend Regulations .02, .04—.07, and .09—.11 under COMAR 10.09.49 Telehealth Services.

Statement of Purpose

The purpose of this action is to update regulations related to covered services, participant eligibility, provider conditions for participation, confidentiality, limitations, and reimbursement, based on administrative simplifications and clarifications. An additional purpose of this proposal is to expand permitted distant site providers in an effort to increase access to substance use disorder services via telehealth.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

[(2) “Campus” means the physical area immediately adjacent to the provider’s main buildings, other areas, and structures that are not strictly contiguous to the main buildings but are located on the same property, and any other areas determined on an individual-case basis by the Department to be part of the provider’s campus.]

[(3)] (2)[(8)] (7) (text unchanged)

[(9)] (8) “Medically necessary” means that the service or benefit is:

(a)—(c) (text unchanged)

(d) Not primarily for the convenience of the [consumer] participant, family, or provider.

[(10)] (9)[(11)] (10) (text unchanged)

(11) “Participant” means an individual who is certified as eligible for, and is receiving, Medical Assistance benefits.

[(12) “Professional fee” means:

(a) For somatic services, the Departmental fee schedule for clinical somatic services, that is incorporated by reference in COMAR 10.09.02.07; or

(b) For behavioral health services, the Departmental fee schedule for clinical behavioral health services, that is incorporated by reference in COMAR 10.09.59.09.]

[(13)] (12)[(16)] (15) (text unchanged)

[(17)] (16) Store and Forward Technology.

(a) “Store and [Forward] forward technology” means the transmission of medical images or other media captured by the originating site provider and sent electronically to a distant site provider, who does not physically interact with the patient located at the originating site.

(b) “Store and forward technology” does not mean dermatology, ophthalmology, or radiology services according to COMAR 10.09.02.07.

[(18)] (17)[(21)] (20) (text unchanged)

.04 Service Model.

A.—C. (text unchanged)

D. [Professional services] Services rendered via telehealth are reimbursed on a fee-for-service basis.

.05 Covered Services.

Under the Telehealth Program, the Department shall cover:

A. Medically necessary services covered by the Maryland Medical Assistance Program rendered by a registered distant site provider that shall be:

(1) Distinct from services provided by the originating site provider; [and]

(2) (text unchanged)

(3) Clinically appropriate to be delivered via telehealth;

B. Services provided via telehealth to the same extent and standard of care as services provided in person;

[B.] C. The transmission fee paid to a registered originating site, except when the originating site is not a Medicaid payable provider; and

D. As determined by the provider’s licensure or credentialing board, telehealth services performed within the scope of a provider’s practice.

.06 Participant Eligibility.

A participant is eligible to receive telehealth services if the individual:

A. (text unchanged)

B. Consents to telehealth services unless there is an emergency that prevents obtaining consent, which the originating site shall document in the participant’s medical record; and

C. Is present at the originating site at the time the telehealth service is rendered[; and].

[D. When treated for behavioral health services, is authorized to receive behavioral health treatment services through the Public Behavioral Health System, except for behavioral health services provided in a hospital emergency department.]

.07 Provider Conditions for Participation.

A.—C. (text unchanged)

D. Permitted Distant Site [Rendering] Providers. [The following provider types may register as distant site providers to render behavioral or somatic services via telehealth:]

(1) Effective October 1, 2017, the following provider sites may register as distant site providers eligible to deliver services via telehealth within the rendering provider’s scope of practice:

(a) A community-based substance use disorder provider;

(b) An opioid treatment program; or

(c) An outpatient mental health center.

(2) The following rendering provider types licensed to practice in Maryland may register as distant site providers to render behavioral or somatic services via telehealth:

[(1)] (a)[(5)] (e) (text unchanged)

.09 Confidentiality.

The originating and distant site providers:

A.—B. (text unchanged)

C. Shall occupy a space or area that meets the minimum standards for privacy expected for a patient-provider interaction;

[C.] D.[D.] E. (text unchanged)

.10 Limitations.

A.—B. (text unchanged)

C. [] Store and [Forward] forward technology[] does not meet the Maryland Medical Assistance Program’s definition of telehealth. The Maryland Medical Assistance Program covers services such as dermatology, ophthalmology, and radiology according to COMAR 10.09.02.07.

D. (text unchanged)

E. The Department may not reimburse a provider for the following:

(1) (text unchanged)

(2) Communications between providers where the participant is not physically present at the originating site; [or]

(3) Telehealth services delivered where either:

(a) (text unchanged)

(b) The originating site is not a permitted originating site provider as set forth in Regulation .07 of this chapter; or

(4) Behavioral health and substance use disorder services that did not receive prior authorization from the Department or its ASO.

F.—I (text unchanged)

[J. The Department may not reimburse for telehealth services delivered by an originating and distant site provider located in different facilities in the same campus.]

.11 Reimbursement.

A. (text unchanged)

[B. There are two categories of fees the Department shall reimburse a registered telehealth provider, as applicable:

(1) Originating site transmission fee; and

(2) Distant site professional fee performed via telehealth.]

[C.] B. (text unchanged)

[D.] C. Distant Site [Professional Fee] Reimbursement.

(1) The distant site [professional fee] shall be reimbursed:

(a) For somatic services provided via telehealth, as set forth in COMAR 10.09.02.07D; [or]

(b) For behavioral health services provided via telehealth, as set forth in COMAR 10.09.59.09; or

(c) For substance use disorder services provided via telehealth, as set forth in COMAR 10.09.59.09.

(2) [Professional fees charged for telehealth services] Services delivered via telehealth shall be billed with the telehealth GT modifier.

(3) Services delivered via telehealth shall be within the provider’s scope of practice as determined by its governing licensure or credentialing board.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.80 Community-Based Substance Use Disorder Services

Authority: Health-General Article, §§2-104(b), 7.5-205(d), 15-103(a)(1), and 15-105(b), Annotated Code of Maryland

Notice of Proposed Action

[17-173-P]

The Secretary of Health proposes to amend Regulations .02, .03, and .05 under COMAR 10.09.80 Community-Based Substance Use Disorder Services.

Statement of Purpose

The purpose of this action is to add references regarding COMAR 10.63, which are regulations from the Behavioral Health Administration (BHA) that outlines requirements for behavioral health providers. The addition of these references will require Medicaid providers to comply with the BHA regulations. The update also adds a provision that requires physician assistants to have delegation agreements with supervising physicians.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.02 License Requirements.

To participate in the Program, a provider shall meet the license requirements stated in COMAR 10.09.36.02 and 10.63.01.03.

.03 Conditions for Provider Participation.

A. A provider shall be in compliance with COMAR 10.09.36.03 and 10.63.01.05.

B. A provider of community-based substance use disorder services shall include:

(1) Community-based substance use disorder providers that:

(a) Are licensed by the Department as community-based substance use disorder providers pursuant to the requirements listed in Regulation .05 of this chapter; [and]

(b) Maintain verification of licenses and credentials of all professionals employed by or under contract with the provider in their respective personnel files; and

(c) Require any physician assistant employed by the provider to have a delegation agreement with the supervising physician in accordance with COMAR 10.09.55.02 and .03;

(2)—(3) (text unchanged)

C.—E. (text unchanged)

.05 Covered Services.

A. (text unchanged)

B. Level 1 group and individual substance use disorder counseling shall:

(1) Comply with COMAR 10.63.03.06;

[(1)] (2) (text unchanged)

[(2)] (3) Include services for participants who require less than 9 hours weekly for adults and 6 hours weekly for adolescents; [and]

[(3)] (4)[(4)] (5) (text unchanged)

C. Level 2.1 Intensive Outpatient services shall:

(1) Comply with COMAR 10.63.03.03;

[(1)] (2)[(4)] (5) (text unchanged)

D. Level 2.5 partial hospitalization services shall:

(1) Comply with COMAR 10.63.03.07;

[(1)] (2)[(4)] (5) (text unchanged)

E. Ambulatory withdrawal management service shall:

(1) Comply with COMAR 10.63.03.18;

[(1)] (2) (text unchanged)

[(2)] (3) Include the following services as medically necessary:

(a) (text unchanged)

(b) Managing withdrawal symptoms; and

[(3)] (4) (text unchanged)

F. (text unchanged)

G. Opioid maintenance therapy service delivered through the use of methadone or buprenorphine by opioid treatment programs shall comply with 10.63.03.19 and include:

(1)—(4) (text unchanged)

H. (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

 

Subtitle 34 BOARD OF PHARMACY

10.34.37 Pharmacy Permit Holder Requirements — Wholesale Distribution and Nonresident Pharmacy Operations

Authority: Health-Occupations Article, §§12-205, 12-403, and 12-406, Annotated Code of Maryland

Notice of Proposed Action

[17-177-P]

The Secretary of Health proposes to amend Regulation .01 and adopt new Regulation .04 under COMAR 10.34.37 Pharmacy Permit Holder Requirements — Wholesale Distribution and Nonresident Pharmacy Operations. This action was considered by the Board of Pharmacy at an open meeting held on April 19, 2017, notice of which was given by publication on the Board’s website, http://health.maryland.gov/pharmacy/Pages/index.aspx from March 23, 2017 — April 19, 2017, pursuant to General Provisions Article, §3-302(c) Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish operational requirements for nonresident pharmacies. The proposed regulations will ensure that the nonresident pharmacy is practicing at the standard of care required of pharmacies domiciled in Maryland and provide the necessary regulatory tools when a nonresidential pharmacy may pose a threat to the public safety for the citizens of Maryland.

Comparison to Federal Standards

There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.

Estimate of Economic Impact

I. Summary of Economic Impact. This proposal may have a minimal economic impact on out-of-State pharmacies because this proposal requires them to have a licensed pharmacist readily available and to have a toll-free telephone service for the patient to facilitate communication with the pharmacist. The pharmacy will incur a minimum operation cost to supply these requirements. The pharmacy may see a decrease in costs related to medication errors, such as additional medical attention and litigation costs.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Nonresident pharmacies

(+)

Minimal

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. The proposed regulation requires the nonresident pharmacy to establish a practice of standard care. It requires the nonresident pharmacy to establish a toll-free number, to establish a library and to maintain records of all dispensing or prescription drugs in Maryland. The pharmacy will incur a minimum operation cost to supply these requirements. The pharmacy may see a decrease in costs related to medication errors, such as additional medical attention and litigation costs.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.01 Scope.

This chapter establishes requirements for a pharmacy licensed by the Maryland Board of Pharmacy that [engages]: 

A. Engages in wholesale distribution; or

B. Operates as a nonresident pharmacy.

.04 Requirements for Nonresident Pharmacy Operations.

A. A Maryland licensed pharmacist may not be employed by more than one nonresident pharmacy at a time.

B. A nonresident pharmacy shall:

(1) Hold a pharmacy permit issued by the Board;

(2) Have a pharmacist on staff who is:

(a) Licensed by the Board;

(b) Designated as the pharmacist responsible for providing pharmaceutical services to patients in the State; and

(c) Regularly available on-site as needed to meet Maryland patient’s needs;

(3) Designate another Maryland licensed pharmacist as the pharmacist on staff within 60 days upon the loss of the current designated pharmacist on staff;

(4) Be located and equipped so that the pharmacy may be operated without endangering the public health or safety;

(5) Maintain at all times a current reference library that is appropriate to meet the needs of:

(a) The practice specialty of that pharmacy; and

(b) The consumers the pharmacy serves;

(6) Comply with the regulations adopted by the Board establishing the types of texts required to be included in the reference libraries in each of the various practice specialty pharmacies;

(7) Maintain at all times the minimum professional and technical equipment and sanitary appliances that are necessary in a pharmacy to:

(a) Prepare and dispense prescriptions properly; and

(b) Otherwise operate a pharmacy;

(8) Be equipped with the minimum equipment and appliances specified by the Board under this regulation;

(9) Be kept in a clean and orderly manner;

(10) Store all prescription or nonprescription drugs or devices properly and safely as set forth in COMAR 10.34.22.06;

(11) On an annual basis and within 30 days after a change of office, corporate officer, or pharmacist, disclose to the Board the location, names, and titles of all principal corporate officers and all pharmacists who are dispensing prescriptions for drugs or devices to persons in this State;

(12) Comply with all lawful directions and requests for information from the regulatory or licensing agency of the state in which it is located and all requests for information made by the Board pursuant to this regulation;

(13) Maintain at all times a valid, unexpired permit to conduct a pharmacy in compliance with the laws of the state in which it is located;

(14) Maintain records of prescription drugs or devices dispensed to patients in this State so that the records are readily retrievable;

(15) During the pharmacy’s regular hours of operation, but not less than 6 days a week, and for a minimum of 40 hours per week, provide a toll-free telephone service to facilitate communication between patients in this State and a pharmacist or an individual who:

(a) Has access to the patient’s prescription records; and

(b) Is required to refer patients in the State to the responsible pharmacist licensed in the State, as appropriate;

(16) Disclose the pharmacy’s toll-free telephone number on a label affixed to each container of drugs or devices;

(17) Comply with the laws of this State relating to the confidentiality of prescription records if there are no laws relating to the confidentiality of prescription records in the state in which the nonresident pharmacy is located;

(18) With regard to a prescription drug that is delivered in this State by the United States Postal Service, a common carrier, or a delivery service and is not personally hand delivered directly to a patient or to the agent of the patient at the residence of the patient or at another location designated by the patient:

(a) Provide a general written notice in each shipment of a prescription drug that alerts a consumer that, under certain circumstances, a medication’s effectiveness may be affected by exposure to extremes of heat, cold, or humidity; and

(b) Provide a specific written notice in each shipment of a prescription drug that provides a consumer with a toll-free or local consumer access telephone number accessible during regular hours of operation, which is designed to respond to consumer questions pertaining to medications;

(19) Provide information regarding the process for resolving incorrectly filled prescriptions in accordance with existing regulations by:

(a) Posting a sign that is conspicuously positioned and readable by consumers at the point where prescription drugs are dispensed to consumers; or

(b) Including written information regarding the process with each prescription dispensed; and

(20) If dispensing compounded sterile preparations to patients in the State, comply with:

(a) USP standards; and

(b) COMAR 10.34.19.

C. A nonresident pharmacy may not:

(1) Offer pharmaceutical services under any term or condition that tends to interfere with or impair the free and complete exercise of professional pharmaceutical judgment or skill;

(2) Make any agreement that denies a patient a free choice of pharmacist or pharmacy services;

(3) Participate in any activity that is a ground for Board action against:

(a) A licensed pharmacist under Health Occupations Article, §12–313, Annotated Code of Maryland;

(b) A registered pharmacy technician under Health Occupations Article, §12–6B–09, Annotated Code of Maryland; or

(c) A registered pharmacy intern under Health Occupations Article, §12–6D–11, Annotated Code of Maryland; or

(4) Allow an unauthorized individual to represent that the individual is a pharmacist, a registered pharmacy intern, or registered pharmacy technician.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 46 BOARD OF OCCUPATIONAL THERAPY PRACTICE

Notice of Proposed Action

[17-170-P]

The Secretary of Health proposes to:

(1) Amend Regulations .01 and .02 under COMAR 10.46.01 General Regulations;

(2) Amend Regulations .02, .04, and .07 under COMAR 10.46.04 Continuing Competency Requirement; and

(3) Amend Regulations .01 and .03, repeal existing Regulation .04, amend and recodify existing Regulation .05 to be Regulation .04, and recodify existing Regulation .06 to be Regulation .05 under COMAR 10.46.07 Sanctioning Guidelines.

This action was considered at a public meeting held on April 21, 2017, notice of which was given by publication on the Board’s website at http://health.maryland.gov/botp/Pages/Board-Meeting.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to implement a statutory requirement for criminal history records check and to accommodate the new online licensing system. This proposal will allow applicants to apply for their occupational therapy licenses online, and licensees, employers, and consumers will be able to use mobile software applications to verify licenses. In addition, the disciplinary process will be modified to eliminate the need for sanctioning worksheets. All additional changes are only clarifying in nature.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The expenditure for the Board of Occupational Therapy is the added cost of modifying the existing contract with the software developer.

No additional costs will be added to initial applications, reactivations, and reinstatements, as these amendments are only meant to adapt the method in which the Board receives the applicants’ information and provide the opportunity to apply online. In addition, no additional costs will be applied to those licensees who are audited, as the amendments only change the time in which the audits are conducted in relation to the renewal period.

There is a cost to the applicants and licensees for criminal history background checks, but this expense is not new, as it has been in effect since the statute passed more than a year ago.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$23,437

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The Board of Occupational Therapy will modify an existing contract to expand online services to include initial applications, temporary licenses, reinstatements and reactivations. The Board of Occupational Therapy has budgeted use of its Special Funds in order to pay for the expansion to online services for FY 18.

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, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

 

10.46.01 General Regulations

Authority: General Provisions Article, §4–333(h); Health Occupations Article, §§10–101, 10–205, 10–301, 10–302, 10–304, 10–311—10–313; [State Government Article, §10–617(h)(3);] Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(9) (text unchanged)

(10) “Evaluation” means the ongoing process of [collecting and interpreting the data necessary for treatment planning and discharge planning]:

(a) Data collection by a licensed occupational therapist or an occupational therapy assistant; and

(b) Interpretation of the evaluation data by a licensed occupational therapist.

(11)—(13) (text unchanged)

(14) Limited Occupational Therapy.

(a) “Limited occupational therapy” means the therapeutic use of purposeful and meaningful goal-directed activities in collaboration with an occupational therapy assistant and an occupational therapist during the treatment of individuals that:

(i) Have a disease or disorder, impairment, activity limitation, or participation restriction that interferes with their ability to function independently in daily life roles; or

(ii) Benefit from the prevention of impairments and activity limitations.

(b) “Limited occupational therapy” means that the collaboration of the occupational therapy assistant occurs under the periodic supervision of a licensed occupational therapist.

(c) “Limited occupational therapy” means that the occupational therapy assistant is authorized to:

(i) Conduct an initial screening;

(ii) Collect data for an evaluation that applies the principles and procedures of occupational therapy; and

(iii) Participate in a treatment program that applies the principles and procedures of occupational therapy.

(d) “Limited occupational therapy” does not include:

(i) Initiation or interpretation of evaluation data; and

(ii) Initiation of a treatment program before the client has been evaluated and a licensed occupational therapist has rendered a treatment plan.

[(14)] (15)[(15)] (16) (text unchanged)

(17) “Occupational therapy” means the therapeutic use of purposeful and meaningful goal-directed activities to evaluate, consult, and treat individuals that:

(a) Have a disease or disorder, impairment, activity limitation, or participation restriction that interferes with their ability to function independently in daily life roles; or

(b) Benefit from the prevention of impairments and activity limitations.

[(16)] (18)[(18)] (20) (text unchanged)

[(19)] (21) “Reevaluation” means [the collection and interpretation of data,]:

(a) The data collection by a licensed occupational therapist or an occupational therapy assistant; and

(b) Interpretation of the reevaluation data by a licensed occupational therapist after the initial evaluation, for the purpose of determining:

[(a)] (i)[(d)] (iv) (text unchanged)

[(20)] (22)[(22)] (24) (text unchanged)

[(23)] (25) Screening.

(a) “Screening” means a cursory [evaluation to determine] determination by an occupational therapist or occupational therapy assistant of the need for more comprehensive evaluation and treatment.

(b) (text unchanged)

[(24)] (26) “Supervision” means the provision of clinical aid, direction, and instruction, by either a licensed occupational therapist or an occupational therapy assistant, to ensure the competent delivery of occupational therapy services.

[(25)] (27) “Supervisor” means an occupational therapist or occupational therapy assistant, excluding temporary licensees, who is licensed by the Board and has the responsibility of clinically supervising the provision of occupational therapy treatment services.

[(26)] (28) “Temporary occupational therapy assistant licensee” means an individual licensed by the Board on a temporary basis, who:

(a) Except for completing the required certification examination, has met [the education and experience] all other licensure requirements of this chapter; and

(b) (text unchanged)

[27] (29) “Temporary occupational therapist licensee” means an individual licensed by the Board on a temporary basis, who:

(a) Except for completing the required certification examination, has met [the education and experience] all other licensure requirements of this chapter; and

(b) (text unchanged)

[28] (30) (text unchanged)

[29] (31) “Verification” means [current official confirmation] proof of licensure, certification, registration, or continuing education [obtained directly from]:

(a) Confirmable by the Board based on documentation provided by the applicant;

[(a)] (b) [A] Obtained from a verification service provider approved by the issuing entity and accepted by the Board at its discretion; or

[(b)] (c) [The] Obtained from the entity by which the applicant is licensed, certified, registered, or educated.

.02 Licensure.

A. (text unchanged)

B. Term and Renewal of License.

(1)—(9) (text unchanged)

(10) A licensee who is audited regarding continuing competency requirements, as specified in COMAR 10.46.04 [, shall]:

(a) Shall successfully complete the requirements of the audit [to be eligible for renewal of licensure]; or

(b) May be subject to disciplinary action by the Board.

C. (text unchanged)

D. Incomplete Applications.

(1) An application is not complete until all required material, including the required fee and supporting documentation, is received by the Board;

(2) If an applicant for licensure, reinstatement, or reactivation fails to provide the required documentation within 6 months of receipt of the initial receipt, the Board may administratively close the application.

(3) An applicant whose application is administratively closed may reapply and submit with the new application proof of compliance with:

(a) This subtitle; and

(b) Health Occupations Article, Title 10, Annotated Code of Maryland.

[D.] E. Application Procedures for Licensure. To apply for a license, an applicant shall submit the following documentation to the Board [within the time frame specified on the application]:

(1)—(2) (text unchanged)

[(3) Two letters attesting to the applicant’s moral character, compliant with forms provided by the Board;]

(3) Proof of fingerprinting for completion of a criminal history records check;

(4) (text unchanged)

(5) If currently, or previously, authorized to practice in any other state or country, or both, [documentation from the appropriate authority of that state or country verifying] verification of:

(a)—(c) (text unchanged)

(6) Verification of successful completion of the Maryland Board of Occupational Therapy Jurisprudence Examination; [and]

(7) Documentation certifying:

(a) (text unchanged)

(b) Completion of continuing competency activities, as specified in COMAR 10.46.04; and

(8) Additional requirements as specified in COMAR 10.46.04 for applicants with 3 or more years lapse in practice.

[E.] F. Application Procedures for Temporary Licensure.

(1) A temporary license may be issued to an applicant who, except for completing the required certification examination, has met [the education and experience] all other licensure requirements of this chapter.

(2) To apply for a temporary license, an applicant shall submit the following documentation to the Board [within the time frame specified on the application]:

(a) (text unchanged)

(b) [An application confirmation from the NBCOT certifying] Verification confirming the applicant’s eligibility and registration to take the certification examination within the eligibility activation period;

[(c) Two letters attesting to the applicant’s moral character, compliant with forms provided by the Board;]

(c) Proof of fingerprinting completed for a criminal history records check;

(d) (text unchanged)

(e) If currently, or previously, authorized to practice in any other state or country, or both, [documentation from the appropriate authority of that state or country verifying] verification of:

(i)—(iii) (text unchanged)

(f)—(g) (text unchanged)

[F.] G. Application Procedures for a Second Temporary License.

(1) A second temporary license may be issued to an applicant:

(a) (text unchanged)

(b) Who, except for completing the required certification examination, has met [the education and experience] all other licensure requirements of this chapter.

(2) To apply for a second temporary license, an applicant shall submit the following documentation to the Board [within the time frame specified on the application]:

(a) [An application confirmation from the NBCOT certifying] Verification confirming the applicant’s eligibility and registration to take the certification examination within the eligibility activation period;

(b) An approved form of payment in the amount of the [second] temporary license fee established by the Board in COMAR 10.46.05.01; and

(c) (text unchanged)

[G.] H. (text unchanged)

[H.] I. Application Procedures for Reactivation or Reinstatement of License.

(1) To apply for reactivation after elective nonrenewal or reinstatement after expiration, an applicant shall submit the following documentation to the Board within the timeframe specified on the application:

[(1)] (a)[(2)] (b) (text unchanged)

[(3) Two letters attesting to the applicant’s moral character, compliant with forms provided by the Board;]

(c) Proof of fingerprinting completed for a criminal history records check;

[(4)] (d) (text unchanged)

[(5)] (e) If currently, or previously, authorized to practice in any other state or country, or both, [documentation from the appropriate authority of that state or country verifying] verification of:

[(a)] (i)[(c)] (iii) (text unchanged)

[(6)] (f) (text unchanged)

[(7)] (g) Documentation certifying:

[(a)] (i)[(b)] (ii) (text unchanged)

(2) Additional requirements may apply for applicants with 3 or more years lapse in practice as specified in COMAR 10.46.04.

[I.] J. Address Change.

(1) (text unchanged)

(2) Failure to comply [results] may result in assessment of a [penalty] fee as specified in COMAR 10.46.05.01.

[J.] K. (text unchanged)

[K.] L. Verification of Maryland License.

(1) Electronic Verification. An individual may independently obtain information on the licensure status of licensees in the following ways:

(a) Upon accessing the Board’s website, an individual may view and print a licensee’s status; [or]

(b) Upon accessing the Board’s mobile software application, an individual may view a licensee’s status; or

[(b)] (c) (text unchanged)

(2) (text unchanged)

 

10.46.04 Continuing Competency Requirement

Authority: Health Occupations Article, §§10-205 and 10-311, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(10) (text unchanged)

(11) “Verification” means [current official confirmation] proof of licensure, certification, registration, or continuing education [obtained directly from]:

(a) Confirmable by the Board based on documentation provided by the applicant.

[(a)] (b) [A] Obtained from a verification service provider approved by the issuing entity and accepted by the Board at its discretion; or

[(b)] (c) [The] Obtained from the entity by which the applicant is licensed, certified, registered, or educated.

.04 Licensure and Contact Hour Requirements.

A. Time Frame.

(1) Licensure Time Frame.

(a) (text unchanged)

(b) [Before July 1, 2016, the Board shall renew the licenses of licensees originally licensed in years ending in odd numbers for a 1-year term and the licenses of licensees originally licensed in years ending with even numbers for a 2-year term.

(c) Beginning July 1, 2016, a] A license is valid for a 2-year term and expires as follows:

(i)—(ii) (text unchanged)

(2)—(3) (text unchanged)

B.—C. (text unchanged)

.07 Audit of Continuing Competency.

A.—D. (text unchanged)

E. The Board may take formal disciplinary action against the licensee if a licensee:

(1) Fails to cooperate with an audit or a request from the Board regarding continuing competency documentation; or

(2) Submits a false statement regarding continuing competency.

 

10.46.07 Sanctioning Guidelines

Authority: Health Occupations Article, §1-606, Annotated Code of Maryland

.01 Scope.

A.—B. (text unchanged)

[C. The Board shall complete a worksheet for each complaint considered by the Board that is not initially closed.]

[D.] C. The Board is aware that there may be conduct by a licensee that does not fall squarely within a particular grid contained in Regulation .06 of this chapter. In that event the Board will [so indicate on the worksheet and] use its best judgment to determine the appropriate sanction.

[E.] D. (text unchanged)

.03 Application.

A.—G. (text unchanged)

H. If the conduct is not described in Regulation .06 of this chapter, the Board shall use its judgment to determine appropriate sanctions [and shall so state in the sanctions worksheet].

I.—K. (text unchanged)

[.05] .04 Aggravating and Mitigating Factors.

A. (text unchanged)

[B. If the sanctions imposed by the Board fall outside the range of the sanctioning guidelines the Board shall state its reasons on its worksheet.]

[C.] B. (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 15 MOTOR VEHICLE ADMINISTRATION—VEHICLE REGISTRATION

11.15.36 Tax Credit Certificate

Authority: Commercial Law Article, §§14-1502 and 14-1503; Tax-General Article, §10-734.1(g); Transportation Article, §§12-104(b), 13-808, and 13-817; Annotated Code of Maryland

Notice of Proposed Action

[17-183-P]

The Administrator of the Motor Vehicle Administration proposes to adopt new Regulations .01—.04 under a new chapter, COMAR 11.15.36 Tax Credit Certificate.

Statement of Purpose

The purpose of this action is to adopt new regulations to set procedures for the issuance of a Tax Credit Certificate for an individual to claim a credit against the State Income Tax for the expense of registering a Class F vehicle in the State during the taxable year in order to conform to Chapter 502, Senate Bill 57, Acts of 2017.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. These expenditures would include, external (outside vendor) programming costs estimated to be $91,500.

The Administration would not issue an aggregate amount to Tax Credits Certificates totaling more than $10,000 to any one taxpayer or not to exceed more than $500,000 to all taxpayers for any taxable year.

Based on the information contained in this fiscal impact statement, the estimated economic impacts (net) are as follows: (1) to MDOT/MVA, an estimated $91,500 expenditures in FY 17 (based on a July 1, 2017 effective date); (2) to other State agencies (Comptroller’s Office), an estimated $500,000 in expenditures; and (3) to the public, an estimated $500,000 in cost savings.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(MVA)

(E+)

$ 91,500

 

B. On other State agencies:

(Comptroller)

(E+)

$ 500,000

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

$ 500,000

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

A. Based on the assumptions and information included in the fiscal impact statement, this regulation change would have an impact on MVA/MDOT expenditure in FY17. These expenditures would include, external (outside vendor) programming cost estimated to be $91,500.

B. Based on the language in this proposed regulation, for any taxable year, the Administration may not issue an aggregate amount of Tax Credit Certificates totaling more than $500,000. The tax credits would be used to claim a credit against the State income tax. As such, the Comptroller’s Office would be responsible for issuing the funds associated with the tax credits. NOTE: This fiscal impact statement is making the assumption that the full $500,000 in tax credits would be claimed in each taxable year.

F. Based on the language in this proposed regulations, the Administration shall approve all applications that qualify for a Tax Credit Certificate on a first-come, first-serve basis and tax credits shall not total more than $500,000. NOTE: This fiscal impact statement is making the assumption that the full $500,000 in tax credits would be claimed in each taxable year.

Economic Impact on Small Businesses

The proposed action has minimal or no economic impact on small businesses.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Tracey C. Sheffield, Regulations Coordinator, Motor Vehicle Administration, 6601 Ritchie Highway N.E., Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.state.md.us, or fax to 410-768-7506. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

.01 Applicability.

This chapter applies to the issuance of a Tax Credit Certificate for an individual or a corporation to claim a credit against the State Income Tax for the expense of registering a qualified vehicle in the State during the taxable year, as set forth in Tax-General Article, §10-734.1, Annotated Code of Maryland.

.02 Definitions.

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1) “Administration” means the Motor Vehicle Administration.

(2) “Comptroller” means the Comptroller of Maryland.

(3) “Qualified vehicle” means a class F (tractor) vehicle described under Transportation Article, §13-923, Annotated Code of Maryland, that is titled and registered in the State.

(4) “Tax Credit Certificate” means a certificate issued by the Administration that certifies, a vehicle owner meets the requirements to claim a credit against the State Income Tax for the expense of registering the qualified vehicle in the State during the taxable year, as set forth under this chapter and in Tax-General Article, §10-734.1, Annotated Code of Maryland.

.03 Applying for a Tax Credit Certificate.

A. An individual or a corporation seeking a Tax Credit Certificate shall apply for a certificate in a format prescribed by the Administration.

B. An applicant for a Tax Credit Certificate shall provide the Administration with a completed application, including the title number of the vehicle for which credit is sought.

.04 Issuance of a Tax Credit Certificate.

A. In accordance with the Tax-General Article, §10-734.1, Annotated Code of Maryland, the Administration shall issue a Tax Credit Certificate.

B. The Administration may not issue a Tax Credit Certificate, for any taxable year, if:

(1) The required documents are not furnished or the information is incomplete; or

(2) The aggregate amount of Tax Credit Certificates exceeds the amount as set forth under Tax-General Article, §10-734.1(c)(2), Annotated Code of Maryland.

CHRISTINE NIZER
Administrator
Motor Vehicle Administration

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 04 POLICE TRAINING AND STANDARDS COMMISSION

12.04.01 General Regulations

Authority: Correctional Services Article, §2-109; Public Safety Article,
§3-208; Annotated Code of Maryland

Notice of Proposed Action

[17-171-P]

The Secretary of Public Safety and Correctional Services, in cooperation with the Police Training and Standards Commission, proposes to amend Regulation .17 under COMAR 12.04.01 General Regulations. This action was considered by the Police Training and Standards Commission at a public meeting held on April 19, 2017.

Statement of Purpose

The purpose of this action is to increase from 3 to 4 years the time requirement that a previously Commission-certified Field Training Instructor has to complete Commission-approved cumulative (refresher) training.

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 Michael Pristoop, Director, Policy Review, Maryland Police Training and Standards and Correctional Training Commissions, 6852 4th Street Sykesville, MD 21784, or call 410 875 3573. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Police Training and Standards Commission during a public meeting to be announced.

.17 Field Training.

A. — C. (text unchanged)

D. Field Training Officer Requirements.

(1) A field training officer shall:

(a) — (d) (text unchanged)

(e) Within every [3] 4 years following initial completion of a field training officer course, successfully complete a minimum of 7 hours of cumulative instruction that have been approved by the Commission to be provided to an individual who has been approved as a field training officer.

(2) — (4) (text unchanged)

E. — I (text unchanged)

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

 

Subtitle 10 CORRECTIONAL TRAINING COMMISSION

12.10.01 General Regulations

Authority: Correctional Services Article, §2-109[,]; Public Safety Article,
 §3-207;
Annotated Code of Maryland

Notice of Proposed Action

[17-180-P]

The Secretary of Public Safety and Correctional Services, in cooperation with the Correctional Training Commission, proposes to amend Regulations .01, .03, .04, and .09 under COMAR 12.10.01 General Regulations. This action was considered by the Correctional Training Commission at a public meeting held on January 11, 2017.

Statement of Purpose

The purpose of this action is to update definitions for positions and the use of the terms in the various regulations to reflect current practices; add new subject areas to be covered as part of entrance level training for a resident advisor, case management specialist, and juvenile services support staff; and increase the minimum hours required for entrance level training for juvenile services support staff from 80 to 120.

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 Albert L. Liebno, Deputy Director, Police and Correctional Training Commissions, 6852 4th Street, Sykesville, MD 21784, or call 410 875 3602. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Correctional Training Commission during a public meeting to be announced.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (5) (text unchanged)

(6) “Case management specialist (CMS)” means a Department of Juvenile Services employee who provides case management or treatment services for juveniles under the supervision of the Department of Juvenile Services (DJS).

[(6)] (7) [(19)] (20) (text unchanged)

[(20) “Juvenile counselor” means a Department of Juvenile Services employee who provides case management or treatment services for juveniles who are under the supervision of the Department of Juvenile Services.]

(21) “Juvenile Services support staff” means an individual employed by the Department of Juvenile Services who performs one or more of the duties of a Department of Juvenile Services employee, but whose primary duties are other than those of a [juvenile counselor or youth supervisor] case management specialist or resident advisor.

(22) (text unchanged)

(23) Mandated Position.

(a) (text unchanged)

(b) “Mandated position” includes a correctional officer, classification counselor, institutional support staff member, parole and probation agent, monitor, [juvenile counselor,  youth supervisor] case management specialist or resident advisor, and Juvenile Services support staff.

(24) — (31) (text unchanged)

(32) [“Training director” means the director of an academy, school, or training unit, or a designee, authorized to act for the agency head in training matters] “Resident advisor (RA)” means a Department of Juvenile Services employee who provides custodial services to juveniles under the supervision of the Department of Juvenile Services.

(33) [“Youth supervisor” means a Department of Juvenile Services employee who provides custodial services to juveniles under the supervision of the Department of Juvenile Services] “Training director” means the director of an academy, school, or training unit, or a designee, authorized to act for the agency head in training matters.

.03 Provisional Appointment.

A. — C. (text unchanged)

D. An individual with a Commission provisional appointment to a mandated position classified as a correctional officer, classification counselor, institutional support staff, parole and probation agent, monitor, [juvenile counselor, youth supervisor] case management specialist, resident advisor, or Juvenile Services support staff who changes from the original position to another of these positions shall receive a new provisional appointment in the new mandated position to provide the opportunity to obtain applicable training for the new mandated position required under Regulation .09 of this chapter.

E. — G. (text unchanged)

.04 Selection Standards for Appointment to a Mandated Position and Documentation Requirements.

A. — B. (text unchanged)

C. Education Requirements.

(1) Correctional Officer, Monitor, or [Youth Supervisor] Resident Advisor.

(a) An applicant for a mandated position classified as a correctional officer, monitor, or [youth supervisor] resident advisor shall possess a:

(i) — (ii) (text unchanged)

(b) — (d) (text unchanged)

(2) — (3) (text unchanged)

(4) [Juvenile Counselor] Case Management Specialist (CMS). An applicant for a mandated position classified as a [juvenile counselor] case management specialist shall possess at least:

(a) — (b) (text unchanged)

(5) — (6) (text unchanged)

D. — I. (text unchanged)

.09 Minimum Standards for Mandated Employee Entrance-Level Training.

A. — F. (text unchanged)

G. [Youth Supervisor ] Resident Advisor — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as a [youth supervisor] resident advisor is a minimum of 160 hours and shall include the following subject areas:

(1) — (3) (text unchanged)

(4) [Assessment] Facility admissions and orientation;

(5) — (8) (text unchanged)

(9) Safety and security; [and]

(10) Youth gang awareness and interventions; and

[(10)] (11) (text unchanged)

H. [Juvenile Counselor ] Case Management Specialist — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as a [juvenile counselor] case management specialist is a minimum of 160 hours and shall include the following subject areas:

(1) — (3) (text unchanged)

(4) [Assessment] Community intake;

(5) Transportation;

[(5)] (6) [(7)] (8) (text unchanged)

[(8)] (9) Safety and security; [and]

[(9)] (10) First aid[.]; and

(11) Youth gang awareness and interventions.

I. Juvenile Services Support Staff — Entrance-Level Training Requirements. Commission-approved entrance-level training for a mandated position classified as juvenile services support staff is a minimum of [80] 120 hours and shall include the following subject areas:

(1) — (3) (text unchanged)

(4) Transportation;

(5) Integrated case management;

[(4)] (6) (text unchanged)

[(5)] (7) Safety and security; [and]

[(6)] (8) First aid[.]; and

(9) Youth gang awareness and interventions.

STEPHEN T. MOYER
Secretary of Public Safety and Correctional Services

 

Title 14
INDEPENDENT AGENCIES

Subtitle 22 COMMISSION ON CRIMINAL SENTENCING POLICY

Notice of Proposed Action

[17-172-P]

The Maryland State Commission on Criminal Sentencing Policy proposes to amend:

(1) Regulations .02, .03, .10, and .17 under COMAR 14.22.01 General Regulations; and

(2) Regulation .02 under COMAR 14.22.02 Criminal Offenses and Seriousness Categories.

This action was considered at public meetings held on September 20, 2016 and May 9, 2017.

Statement of Purpose

The purpose of this action is to indicate modifications to the definitions in Regulation .02, the sentencing guidelines worksheet in Regulation .03, and the computation of the offender score in Regulation .10 under COMAR 14.22.01 General Regulations. Additionally, the purpose of this action is to indicate modifications to the table of seriousness categories (guidelines offense table) in Regulation .02 under COMAR 14.22.02. The proposed revisions reflect:

(1) An expanded definition of corrections options to include a sentence, with required substance abuse treatment, for the possession, administration, obtainment, etc. of controlled dangerous substances (CDS) currently outlined in Criminal Law Article, §5-601(c), and pursuant to Criminal Law Article, §5-601(e)(3), Annotated Code of Maryland;

(2) A revision to the instructions on sentencing guidelines completion to indicate that the court shall review the worksheet to confirm that the guidelines reflected on the worksheet were considered in the respective case;

(3) A minor correction to the instructions for application of the criminal record decay factor;

(4) Amended offenses from the Justice Reinvestment Act with October 1, 2017 enactment dates; and

(5) Other minor edits to the guidelines offense table.

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 David Soulé, Executive Director, Maryland State Commission on Criminal Sentencing Policy, 4511 Knox Rd, Suite 309, College Park, MD 20742, or call 301-403-4165, or email to dsoule@umd.edu, or fax to 301-403-4164. Comments will be accepted through August 7, 2017. A public hearing has not been scheduled.

 

14.22.01 General Regulations

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (3) (text unchanged)

(4) [Correctional] Corrections Options.

(a) “[Correctional] Corrections options” means:

(i) — (ii) (text unchanged)

(iii) Inpatient drug or alcohol counseling under Health General Article, Title 8, Subtitle 5, Annotated Code of Maryland; [or]

(iv) Participation in a drug court or HIDTA substance abuse treatment program[.]; or

(v) A sentence, with required substance abuse treatment, for the possession, administration, obtainment, etc., of controlled dangerous substances (CDS) currently outlined in Criminal Law Article, §5-601(c), Annotated Code of Maryland, and pursuant to Criminal Law Article, §5-601(e)(3), Annotated Code of Maryland.

(b) “[Correctional] Corrections options” includes programs established by the State Division of Correction, if the program meets the Commission’s criteria, as described in §B(4)(a) of this regulation.

(5) — (22) (text unchanged)

.03 Sentencing Guidelines Worksheet.

A. — E. (text unchanged)

F. Sentencing Guidelines Completion.

(1) — (3) (text unchanged)

(4) Regardless of who completes the worksheet, the [judge] court shall review the worksheet [for completeness and for accuracy] to confirm that the guidelines reflected on the worksheet were considered in the respective case.

G. (text unchanged)

.10 Computation of the Offender Score.

A. (text unchanged)

B. Four Components of the Offender Score.

(1) — (2) (text unchanged)

(3) Prior Adult Criminal Record.

(a) — (e) (text unchanged)

(f) Criminal Record Decay Factor. If an offender has lived in the community for at least 10 years prior to the instant offense without criminal justice system involvement resulting from an adjudication of guilt or a plea of nolo contendere, the criminal record shall be reduced by one level: from Major to Moderate, from Moderate to Minor, or from Minor to None. An offender was in the criminal justice system if the offender was on parole, on probation, incarcerated, on work release, on mandatory supervision, was an escapee, or had a comparable status [at the time the offense was committed]. An offender is not considered to be in the criminal justice system if the offender was on unsupervised probation for an offense not punishable by imprisonment.

(g) (text unchanged)

(4) (text unchanged)

C. (text unchanged)

.17 Sentences Deemed to Be Within Guidelines.

Notwithstanding the actual guidelines range, the Commission on Criminal Sentencing Policy shall deem a sentence within the guidelines range if a judge:

A — B. (text unchanged)

C. Imposed a sentence of [correctional] corrections options if the defendant’s:

(1) — (2) (text unchanged)

 

14.22.02 Criminal Offenses and Seriousness Categories

Authority: Criminal Procedure Article, §6-211, Annotated Code of Maryland

.02 Seriousness Categories.

 

Offense Literal

CJIS
Code

Source

Felony or
Misd.

Max
Term

Min
Term

Offense Type

Ser.

Category

Fine

1

Abuse and Other Offensive Conduct
Child Abuse—physical, with death, victim at least 13 years old

1-1639

CR, §3-601(b)(2)(ii)

Felony

40Y ♦

 

Person

II

 

1-1

Abuse and Other Offensive Conduct
Child Abuse—physical, with death, victim younger than 13 years old

 

CR, §3-601(b)(2)(iii)

Felony

LIFE ♦

 

Person

I

 

1-2

Abuse and Other Offensive Conduct
Child Abuse—physical, with death, previous conviction for child abuse

 

CR, §3-601(c)(2)

Felony

LIFE ♦

 

Person

I

 

2—6-3  (text unchanged)

7

Abuse and Other Offensive Conduct
Interfering with rights of [mentally retarded] developmentally disabled individual

1-1608

HG, §7-1102

Misd.

2Y

 

Person

VII

$5,000

8—34  (text unchanged)

35

Bad Check
Felony bad check, $100,000 or greater

[1-1220]

[1-1224]

[1-1228]

[1-1232]

[1-1236]

CR, §8-103
CR, §8-106(a)(3)

Felony

[25Y]

20Y

 

Property

[V]

III

$25,000

35-1

Bad Check
Felony bad check, at least [$10,000] $25,000 but less than $100,000

[1-1221]

[1-1225]

[1-1229]

[1-1233]

[1-1237]

CR, §8-103
CR, §8-106(a)(2)

Felony

[15Y]

10Y

 

Property

V

$15,000

35-2

Bad Check
Felony bad check, at least [$1,000] $1,500 but less than [$10,000] $25,000

[1-1222]

[1-1226]

[1-1230]

[1-1234]

[1-1238]

CR, §8-103
CR, §8-106(a)(1)

Felony

[10Y]

5Y

 

Property

[V]

VI

$10,000

35-3

Bad Check
Multiple bad checks within a 30-day period, each [less than $1,000] at least $1,500 but less than $25,000 and totaling [$1,000 or more] at least $1,500 but less than $25,000

[1-1218]

[1-1219]

CR, §8-103
CR, §8-106(b)

Felony

[10Y]

5Y

 

Property

[V]

VI

$10,000

36

Bad Check
Misdemeanor bad check, at least $100 but less than [$1,000] $1,500

[1-1223]

[1-1227]

[1-1231]

[1-1235]

[1-1239]

CR, §8-103
CR, §8-106(c)

Misd.

[18M]

1Y

 

Property

VII

$500

36-1—51  (text unchanged)

52

CDS and Paraphernalia
Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment for illegal use; keeping common nuisance, narcotics and hallucinogenics (e.g., PCP, heroin, cocaine, LSD, oxycodone, and methadone)

[1-0661]

[1-0662]

[1-0696]

[1-0933]

[1-0934]

[1-0936]

[2-0233]

[2-0237]

[2-0300]

[2-0301]

[2-0325]

[2-0330]

[2-0696]

[3-0233]

[3-0234]

[3-0235]

[3-0236]

[3-0237]

CR, §5-608(a)
CR, §5-609(a)

Felony

20Y

 

Drug

IIIB

[CR, §5-608(a)= $25,000 CR, §5-609(a)= $20,000]

$15,000

53

CDS and Paraphernalia
Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment for illegal use; keeping common nuisance, narcotics and hallucinogenics (e.g., PCP, heroin, cocaine, LSD, oxycodone, and methadone), subsequent

[1-0661]

[1-0662]

[1-0696]

[1-0933]

[1-0934]

[1-0936]

[2-0233]

[2-0237]

[2-0300]

[2-0301]

[2-0325]

[2-0330]

[2-0696]

[3-0233]

[3-0234]

[3-0235]

[3-0236]

[3-0237]

CR, §5-608(b)
CR, §5-609(b)
CR, §5-608(c)
CR, §5-609(c)
CR, §5-608(d)
CR, §5-609(d)

Felony

20Y
25Y
40Y

[MM* = 10Y1]

[MM* = 25Y1]

[MM* = 40Y1]

Drug

IIIB

[$100,000]

$15,000

$25,000

$25,000

54  (text unchanged)

54-1

CDS and Paraphernalia
Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment for illegal use; keeping common nuisance, MDMA (methylenedioxymethamphetamine), 750 grams or more

[1-0662]

[1-0696]

[2-0233]

[2-0237]

[2-0300]

[2-0301]

CR, §5-609(a)

Felony

20Y

 

Drug

IIIA

[$20,000]

$15,000

54-2

CDS and Paraphernalia
Unlawful distribution, manufacture, etc.; counterfeiting, etc., manufacture, possession, etc., of certain equipment for illegal use; keeping common nuisance, MDMA (methylenedioxymethamphetamine), 750 grams or more, subsequent

[1-0662]

[1-0696]

[2-0233]

[2-0237]

[2-0300]

[2-0301]

CR, §5-609(b)
CR, §5-609(c)
CR, §5-609(d)

Felony

20Y
25Y
40Y

[MM* = 10Y1]

[MM* = 25Y1]

[MM* = 40Y1]

Drug

IIIA

[$100,000]

$15,000

$25,000

$25,000

55—59  (text unchanged)

60

Vacant

[CDS and Paraphernalia
Unlawful distribution, manufacture, etc.; counterfeiting, etc.; manufacture, possession, etc., of certain equipment for illegal use; keeping common nuisance, Schedules I through V non-narcotics (e.g., amphetamines, marijuana, diazepam, MDMA under 750 grams, and Valium), and buprenorphine, subsequent]

[1-0233]

[1-0234]

[1-0235]

[1-0236]

[1-0237]

[1-0238]

[1-0239]

[1-0660]

[2-3550]

[CR, §5-607(b)]

[Felony]

[5Y]

[MM*= 2Y1]

[Drug]

[IV]

[$15,000]

61—61-1  (text unchanged)

62

CDS and Paraphernalia
Paraphernalia—[delivery or sale] deliver drug paraphernalia to minor by adult who is 3 or more years older

7-3550

CR, §5-619(d)(4)

Misd.

8Y

 

Drug

IV

$15,000

63  (text unchanged)

64

[Vacant]

CDS and Paraphernalia

Paraphernalia—possess or distribute controlled paraphernalia —marijuana

1-0566

1-1287

CR, §5-620(d)(2)

Misd.

1Y

 

Drug

VII

$1,000

65

CDS and Paraphernalia
[Possession—unlawful possession or administering to another; obtaining, etc., substance or paraphernalia by fraud, forgery, misrepresentation, etc.; affixing forged labels; altering, etc., label; unlawful possession or distribution of] Paraphernalia—possess or distribute controlled paraphernalia—non-marijuana

[4-3550]

[1-0247]

[1-0248]

[1-0249]

[1-0250]

[1-0251]

[1-0252]

1-0255
1-0256

1-0257

[CR, §5-601(c)(1)]
CR, §5-620(d)(1)

Misd.

4Y

 

Drug

V

$25,000

66

CDS and Paraphernalia
Paraphernalia—[delivery or sale generally, etc.] deliver or sell, or manufacture or possess with intent to deliver or sell, drug paraphernalia, subsequent

6-3555

CR, §5-619(d)(2)(ii)

Misd.

2Y

 

Drug

VII

$2,000

67

CDS and Paraphernalia
Paraphernalia—use or possess[ion,] with intent to use drug paraphernalia—non-marijuana, subsequent

5-3555

CR, §5-619(c)(3)(ii)

Misd.

2Y

 

Drug

VII

$2,000

68  (text unchanged)

69

CDS and Paraphernalia
Possession—unlawful possession or administering to another, obtaining, etc., substance [or paraphernalia] by fraud, forgery, misrepresentation, etc.; affixing forged labels; altering etc., label[; unlawful possession or distribution of controlled paraphernalia]—marijuana

[1-0566]

[1-0567]

[1-0568]

[1-0569]

[1-0570]

[1-0571]

[1-0573]

CR, §5-601(c)(2)(i)
[CR, §5-620(d)(2)]

Misd.

[1Y]

6M

 

Drug

VII

$1,000

69-1

[Vacant]

CDS and Paraphernalia
Possession—unlawful possession or administering to another; obtaining, etc., substance by fraud, forgery, misrepresentation, etc.; affixing forged labels; altering, etc., label—non-marijuana, 1st offense

 

CR, §5-601(c)(1)(i)

Misd.

1Y

 

Drug

VII

$5,000

69-2

CDS and Paraphernalia
Possession—unlawful possession or administering to another; obtaining, etc., substance by fraud, forgery, misrepresentation, etc.; affixing forged labels; altering, etc., label—non-marijuana, 2nd or 3rd offense

 

CR, §5-601(c)(1)(ii)

Misd.

18M

 

Drug

VII

$5,000

69-3

CDS and Paraphernalia
Possession—unlawful possession or administering to another; obtaining, etc., substance by fraud, forgery, misrepresentation, etc.; affixing forged labels; altering, etc., label—non-marijuana, 4th or subsequent offense

 

CR, §5-601(c)(1)(iii)

Misd.

2Y

 

Drug

VII

$5,000

70—104  (text unchanged)

104-1

Counterfeiting
Trademark counterfeiting, less than [$1,000, 1st offense] $1,500

[1-2545]

CR, §8-611(d)

Misd.

[18M]

1Y

 

Property

VII

$1,000

104-2

Vacant

[Counterfeiting
Trademark counterfeiting, less than $1,000, subsequent]

[1-2545]

[CR, §8-611(d)]

[Misd.]

[18M]

 

[Property]

[VII]

[$5,000]

105

Counterfeiting
Trademark counterfeiting, [$1,000] $1,500 or greater

[1-2540]

CR, §8-611(c)

Felony

[15Y]

10Y

 

Property

V

$10,000

106—114  (text unchanged)

114-1

Credit Card Crimes
Felony credit card crimes, $100,000 or greater

[1-1243]

[1-1244]

[1-1247]

[1-1250]

[1-1253]

[1-1255]

CR, §8-206(c)(1)(iii)
CR, §8-207(b)(1)(iii)
CR, §8-209(b)(1)(iii)

Felony

[25Y]

20Y

 

Property

[V]

III

$25,000

114-2

Credit Card Crimes
Felony credit card crimes, at least [$10,000] $25,000 but less than $100,000

[1-1242]

[1-1245]

[1-1248]

[1-1251]

[1-1254]

[1-1256]

CR, §8-206(c)(1)(ii)
CR, §8-207(b)(1)(ii)
CR, §8-209(b)(1)(ii)

Felony

[15Y]

10Y

 

Property

V

$15,000

114-3

Credit Card Crimes
Felony credit card crimes, at least [$1,000] $1,500 but less than [$10,000] $25,000

[1-1241]

[1-1246]

[1-1249]

[1-1252]

[1-1257]

[1-1365]

CR, §8-206(c)(1)(i)
CR, §8-207(b)(1)(i)
CR, §8-209(b)(1)(i)

Felony

[10Y]

5Y

 

Property

[V]

VI

$10,000

114-4

Credit Card Crimes
Misdemeanor credit card crimes, at least $100 but less than [$1,000] $1,500

[3-4120]

[3-4130]

[3-4140]

[3-4150]

[3-4160]

[3-4170]

CR, §8-206(c)(2)
CR, §8-207(b)(2)
CR, §8-209(b)(2)

Misd.

[18M]

1Y

 

Property

VII

$500

115

Credit Card Crimes
Misdemeanor credit card crimes, [not exceeding] less than $100

1-0581

1-0582

1-0583

1-0584

1-0585

1-0586

CR, §8-206(c)(3)
CR, §8-207(b)(3)
CR, §8-209(b)(3)

Misd.

90D

 

Property

VII

$500

115-1—119  (text unchanged)

119-1

Criminal Gang Offenses
Use of or threat of force to coerce participation or prevent leaving gang

[1-1770]

CR, §9-802

Misd.

2Y

 

Person

VII

[$1,000]

$10,000

119-2

Criminal Gang Offenses
Use of or threat of force to coerce participation or prevent leaving gang in school or within 1,000 feet of school property

[1-1771]

CR, §9-803

Misd.

4Y

 

Person

VI

[$4,000]

$20,000

119-3

Criminal Gang Offenses
Participate as member of criminal gang in commission of crime; in receipt and use or investment, of proceeds of $10,000 or more from underlying crime in the acquisition of real property or establishment or operation of any enterprise; in acquisition or maintenance of any interest or control of any enterprise or property through an underlying crime

[1-1774]

CR, §9-804[(c)](f)(1)(i)

Felony

[10Y]

15Y

 

Person

One category more serious than most serious underlying offense. If no conviction on underlying offense, category=IV

[$100,000]

$1,000,000

119-4

Criminal Gang Offenses
Participate as member of criminal gang in commission of crime; in receipt and use or investment, of proceeds of $10,000 or more from underlying crime in the acquisition of real property or establishment or operation of any enterprise; in acquisition or maintenance of any interest or control of any enterprise or property through an underlying crime—resulting in death of victim

[1-0520]

CR, §9-804[(c)](f)(1)(ii)

Felony

[20Y]

25Y

 

Person

One category more serious than most serious underlying offense. If no conviction on underlying offense, category=III

[$100,000]

$5,000,000

119-5

Criminal Gang Offenses
Organize, supervise, finance, or manage a criminal gang

[1-0619]

CR, §9-805

Felony

20Y

 

Person

III

[$100,000]

$1,000,000

120

Destructive Devices
Explosives—possession without license with intention to use in violation of various statutes

[2-0390]

2-0393

PS, §11-114(b)

PS, §11-116(a)

(penalty)

Felony

20Y

 

Person

III

$10,000

121

Destructive Devices
Explosives—sale without license with intention to use in violation of various statutes

[1-1311]

1-0022

PS, §11-114(c)

PS, §11-116(b)

(penalty)

Felony

20Y

 

Person

III

$10,000

122—124  (text unchanged)

125

Destructive Devices
[Explosive] Explosives—unlawful manufacture or dealing without license

[1-1310]

1-0907

PS, §11-114(a)

Misd.

5Y

 

Person

VI

$5,000

125-1

Destructive Devices
Explosives—possession without license

[1-1393]

PS, §11-114(b)

Misd.

5Y

 

Person

VI

$5,000

125-2

Destructive Devices
Explosives—sale without license

[1-1312]

PS, §11-114(c)

Misd.

5Y

 

Person

VI

$5,000

125-3

Destructive Devices
Explosives—owner of operation that uses explosives dealing without license

[1-1316]

PS, §11-114(d)

Misd.

5Y

 

Person

VI

$5,000

126

Destructive Devices
Explosives—employee possession without license

[1-1317]

PS, §11-114(e)

Misd.

5Y

 

Person

VI

$5,000

127

Destructive Devices
Explosives—violate explosives regulation

[1-1318]

PS, §11-114(f)

Misd.

5Y

 

Person

VI

$5,000

127-1—154  (text unchanged)

154-1

Fraud, Financial Crimes Against Vulnerable Adults
Obtain property of vulnerable adult or an individual at least 68 years old by deception, intimidation, or undue influence, $100,000 or greater

[1-1283]

CR, §8-801(c)(1)(iii)

Felony

[25Y]

20Y

 

Property

[II]

III

$25,000

154-2

Fraud, Financial Crimes Against Vulnerable Adults
Obtain property of vulnerable adult or an individual at least 68 years old by deception, intimidation, or undue influence, at least [$10,000] $25,000 but less than $100,000

[1-1282]

CR, §8-801(c)(1)(ii)

Felony

[15Y]

10Y

 

Property

[IV]

V

$15,000

154-3

Fraud, Financial Crimes Against Vulnerable Adults
Obtain property of vulnerable adult or an individual at least 68 years old by deception, intimidation, or undue influence, at least [$1,000] $1,500 but less than [$10,000] $25,000

[1-1281]

CR, §8-801(c)(1)(i)

Felony

[10Y]

5Y

 

Property

[V]

VI

$10,000

154-4

Fraud, Financial Crimes Against Vulnerable Adults
Obtain property of vulnerable adult or an individual at least 68 years old by deception, intimidation, or undue influence, at least $100 but less than [$1,000] $1,500

[1-0781]

CR, §8-801(c)(2)

Misd.

[18M]

1Y

 

Property

VII

$500

155—158  (text unchanged)

159

Fraud, Miscellaneous
Out-of-State unlicensed sellers of alcohol

1-1668

AB, §6-32[6]7

Felony

2Y

 

Property

VI

$1,000

159-1—159-4  (text unchanged)

159-5

Fraud, Miscellaneous
Violate certain provisions of Health Occupations Article, Title 8 (Nurses), Subtitle 7 (Prohibited Acts; Penalties)

1-1151

1-1152

1-1153

1-1154

1-1155

1-1156

1-1157

1-1158

HO, §8-710 (penalty)

Misd.

5Y

 

Person

VI

$10,000

160—206  (text unchanged)

206-1

Identity Fraud
Possess, obtain personally identifying information or willfully assume the identity of another, benefit $100,000 or greater

[1-1258]

[1-1263]

[1-1267]

CR, §8-301(b), (c)
CR, §8-301(g)(1)(iii)
(penalty)

Felony

[25Y]

20Y

 

Property

[II]

III

$25,000

206-2

Identity Fraud
Possess, obtain personally identifying information or willfully assume the identity of another, benefit at least [$10,000] $25,000 but less than $100,000

[1-1259]

[1-1264]

[1-1268]

CR, §8-301(b), (c)
CR, §8-301(g)(1)(ii)
(penalty)

Felony

[15Y]

10Y

 

Property

[IV]

V

$15,000

206-3

Identity Fraud
Possess, obtain personally identifying information or willfully assume the identity of another, benefit at least [$1,000] $1,500 but less than [$10,000] $25,000

[1-1260]

[1-1265]

[1-1269]

CR, §8-301(b), (c)
CR, §8-301(g)(1)(i)
(penalty)

Felony

[10Y]

5Y

 

Property

[V]

VI

$10,000

206-4

Identity Fraud
Possess, obtain personally identifying information or willfully assume the identity of another, benefit at least $100 but less than [$1,000] $1,500

[1-1261]

[1-1266]

[1-1270]

CR, §8-301(b), (c)
CR, §8-301(g)(2)
(penalty)

Misd.

[18M]

1Y

 

Property

VII

$500

206-5

Identity Fraud
Use a re-encoder or skimming device for purpose of identity theft, benefit $100,000 or greater

[1-1271]

[1-1275]

CR, §8-301(d)
CR, §8-301(g)(1)(iii)
(penalty)

Felony

[25Y]

20Y

 

Property

[II]

III

$25,000

206-6

Identity Fraud
Use a re-encoder or skimming device for purpose of identity theft, benefit at least [$10,000] $25,000 but less than $100,000

[1-1272]

[1-1276]

CR, §8-301(d)
CR, §8-301(g)(1)(ii)
(penalty)

Felony

[15Y]

10Y

 

Property

[IV]

V

$15,000

207

Identity Fraud
Use a re-encoder or skimming device for purpose of identity theft, benefit at least [$1,000] $1,500 but less than [$10,000] $25,000

[1-1273]

[1-1277]

CR, §8-301(d)
CR, §8-301(g)(1)(i)
(penalty)

Felony

[10Y]

5Y

 

Property

[V]

VI

$10,000

207-1

Identity Fraud
Use a re-encoder or skimming device for purpose of identity theft, benefit at least $100 but less than [$1,000] $1,500

[1-1274]

[1-1278]

CR, §8-301(d)
CR, §8-301(g)(2)
(penalty)

Misd.

[18M]

1Y

 

Property

VII

$500

207-2

Identity Fraud
Intent to manufacture, distribute, or dispense personally identifying information

 

CR, §8-301(g)(3)

Felony

[15Y]

10Y

 

Property

V

$25,000

207-3

Identity Fraud
Falsely represent self as another person

[1-1262]

[1-1280]

CR, §8-301(c)(1), (f)
CR, §8-301(g)(4)
(penalty)

Misd.

[18M]

1Y

 

Property