Capitol Building

Maryland Register


Issue Date: August 18, 2017

Volume 44 • Issue 17 • Pages 827-854

IN THIS ISSUE

Judiciary

Regulations

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before July 31, 2017 5 p.m.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 July 31, 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 ......................................................................  830

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  831

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ......................................  834

09        Department of Labor, Licensing, and Regulation .......  838, 840

10        Maryland Department of Health .................................  834, 841

13A     State Board of Education ....................................................  838

13B     Maryland Higher Education Commission ..................  836, 838

14        Independent Agencies ........................................................  844

29        Department of State Police .................................................  838

31        Maryland Insurance Administration ...................................  845

36        Maryland State Lottery and Gaming Control
               Agency ............................................................................  847

 

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 Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ........................................  833

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Fish .  834

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Nurse Practitioner Services .  834

Advanced Practice Nurses Services .  834

Nurse Midwife Services .  834

Nurse Anesthetists Services .  834

Physicians’ Services .  834

Maryland Medicaid Managed Care Program: Non-Capitated
   Covered Services .  834

BOARD OF NURSING

Examination and Licensure .  835

Practice of the Nurse Practitioner  835

Multistate Licensure Compact Regulations .  835

BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Requirements for Apprenticeship .  835

BOARD OF PHYSICIANS

General Licensure Regulations .  835

Licensure, Regulation, and Discipline of Naturopathic
   Doctors .  835

BOARD OF DIETETIC PRACTICE

Fees .  836

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Janet L. Hoffman Loan Assistance Repayment
   Program ..  836

Charles W. Riley Firefighter and Ambulance and Rescue
   Squad Member Scholarship Program ..  836

Senatorial Scholarship Program ..  836

Delegate Scholarship Program ..  836

Maryland Dent-Care Loan Assistance Repayment
   Program .. 836

Workforce Shortage Student Assistance Grant
   Program ..  837

Student Loan Debt Relief Tax Credit  837

 

Withdrawal of Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

BOARD OF INDIVIDUAL TAX PREPARERS

General Regulations .  838

13A STATE BOARD OF EDUCATION

SCHOOL PERSONNEL

Standards for Professional Learning .  838

13B MARYLAND HIGHER EDUCATION COMMISSION

FINANCIAL AID

Delegate Howard P. Rawlings Program of Educational
   Excellence Awards .  838

29 DEPARTMENT OF STATE POLICE

OFFICE OF THE SECRETARY

Public Information Requests .  838

CRIME LABORATORY

Ballistic Fingerprinting .  839

 

Proposed Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

COMMISSIONER OF FINANCIAL REGULATION

Foreclosure Procedures for Residential Property .  840

10  MARYLAND DEPARTMENT OF HEALTH

COMMUNITY-BASED BEHAVIORAL HEALTH
   PROGRAMS AND SERVICES

Outpatient Civil Commitment (OCC) Pilot Program ..  841

14  INDEPENDENT AGENCIES

MARYLAND LONGITUDINAL DATA SYSTEM CENTER

Inspection and Copying of Public Records .  844

Longitudinal Data Requests .  844

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Insurance Producers — Continuing Education
   Requirements .  845

PROPERTY AND CASUALTY INSURANCE

Underwriting Period .  846

36  MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

GAMING PROVISIONS

General  847

Video Lottery Operation License .  847

Video Lottery Facility Minimum Internal Control
   Standards .  847

VIDEO LOTTERY TERMINALS

Video Lottery Technical Standards .  847

TABLE GAMES

Table Game Equipment  847

Table Games Procedures .  847

 

General Notices

ATHLETIC COMMISSION

Public Meeting .  852

CHESAPEAKE BAY TRUST

Public Meeting .  852

MARYLAND COLLECTION AGENCY LICENSING BOARD

Public Hearing .  852

COMPTROLLER OF THE TREASURY/ADMINISTRATION
   AND FINANCE

Comptroller of Maryland Administration and Finance
   Reduction of Bond Authorization Announcement  852

CRIMINAL JUSTICE INFORMATION ADVISORY BOARD

Public Meeting .  852

BOARD OF DIETETIC PRACTICE

Public Meeting .  852

COMMISSIONER OF FINANCIAL REGULATION

Bank Merger  852

MARYLAND DEPARTMENT OF HEALTH

Call for Physicians and Pharmacists Nominations for
   Maryland Medicaid DUR Board .  852

MARYLAND INSURANCE ADMINISTRATION

Public Meeting .  853

Public Meeting .  853

Public Hearing .  853

Public Meeting .  853

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  853

Notice of Project Change .  853

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting .  854

BOARD OF WELL DRILLERS

Public Meeting .  854

Public Meeting .  854

 

 

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.

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.

 

 


RegCodificationSystem
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 


08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.03.11,.12 • 44:15 Md. R. 762 (7-21-17)

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)

09.03.12.01,.08 • 44:17 Md. R. 840 (8-18-17)

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)

 

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)

 

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

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

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

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)

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

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

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

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)

 

10.21.14.01—.04,.06,.10 • 44:16 Md. R. 810 (8-4-17)

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)

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

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

10.32.02.17 • 44:16 Md. R. 811 (8-4-17)

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

 

     Subtitles 37—66 (5th Volume)

 

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)

10.62.01.01 • 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—.14 • 44:17 Md. R. 841 (8-18-17)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

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

 

     Subtitles 11—22 (MVA)

 

11.11.16.01—.03 • 44:15 Md. R. 763 (7-21-17)

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

11.19.04.02,.03,.06,.07,.10,.11 • 44:15 Md. R. 764 (7-21-17)

 

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.02.01.04 • 44:12 Md. R. 596 (6-9-17)

13A.05.01.08 • 44:15 Md. R. 766 (7-21-17)

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

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)

 

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)

14.28.08.02—.14 • 44:15 Md. R. 767 (7-21-17)

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

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

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

14.36.01.03,.13 • 44:17 Md. R. 844 (8-18-17)

14.36.04.01,.04—.08 • 44:17 Md. R. 844 (8-18-17)

 

15 DEPARTMENT OF AGRICULTURE

 

15.01.11.01—.10 • 44:15 Md. R. 773 (7-21-17)

 

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.11.03 • 44:16 Md. R. 812 (8-4-17)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.02 • 44:16 Md. R. 812 (8-4-17)

19A.01.01.02 • 44:16 Md. R. 816 (8-4-17)

19A.03.04.01—.04 • 44:16 Md. R. 812 (8-4-17)

19A.04.01.02 • 44:16 Md. R. 816 (8-4-17)

19A.04.Appendix A • 44:16 Md. R. 812 (8-4-17)

19A.04.Appendix A • 44:16 Md. R. 816 (8-4-17)

19A.04.Appendix B • 44:16 Md. R. 812 (8-4-17)

19A.04.Appendix B • 44:16 Md. R. 816 (8-4-17)

19A.05.Appendix A • 44:16 Md. R. 812 (8-4-17)

19A.05.Appendix A • 44:16 Md. R. 816 (8-4-17)

19A.05.Appendix B • 44:16 Md. R. 812 (8-4-17)

19A.05.Appendix B • 44:16 Md. R. 816 (8-4-17)

19A.07.01.06 • 44:16 Md. R. 812 (8-4-17)

21 STATE PROCUREMENT REGULATIONS

 

21.10.07.03 • 44:16 Md. R. 818 (8-4-17)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.04.02.04 • 44:16 Md. R. 819 (8-4-17)

 

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)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.02.02,.03 • 44:17 Md. R. 845 (8-18-17)

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)

31.08.15.06 • 44:17 Md. R. 846 (8-18-17)

31.10.44.01—.09 • 44:15 Md. R. 776 (7-21-17)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.01.02,.03 • 44:17 Md. R. 847 (8-18-17)

36.03.03.07 • 44:17 Md. R. 847 (8-18-17)

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

36.03.10.02,.11,.19,.20,.24,.27,.28,.38,.41,.42,
     .51
• 44:17 Md. R. 847 (8-18-17)

36.04.01.20,.31 • 44:17 Md. R. 847 (8-18-17)

36.05.02.16 • 44:17 Md. R. 847 (8-18-17)

36.05.03.03 • 44:17 Md. R. 847 (8-18-17)

 


The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated July 28, 2017, ROLANDO VICENTE LEE, 9410 Brandywine Road, Clinton, Maryland 20732, has been replaced upon the register of attorneys in the Court of Appeals as of July 28, 2017. Notice of this action is certified in accordance with Maryland Rule 19-761.

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated July 28, 2017, LAWAL MOMODU, 19831 Celebration Way, Germantown, Maryland 20874, has been suspended, effective immediately from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated July 28, 2017, W. STEPHEN PALEOS, 609 Wyngate Drive, P.O. Box 161, Frederick, Maryland 21705, has been placed on inactive status, effective immediately from the further practice of law in this State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[17-17-19]

 

 


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

08.02.05 Fish

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

Notice of Final Action

[17-159-F]

On August 8, 2017, the Secretary of Natural Resources adopted amendments to Regulation .24 under COMAR 08.02.05 Fish. This action, which was proposed for adoption in 44:13 Md. R. 623-624 (June 23, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

[17-144-F]

On August 8, 2017, the Secretary of Health adopted the:

(1) Repeal in their entirety of existing Regulations .01—.10 under existing COMAR 10.09.01 Nurse Practitioner Services, and adopt new Regulations .01—.08 under a new chapter, COMAR 10.09.01 Advanced Practice Nurses Services;

(2) Repeal in their entirety Regulations .01—.11 under COMAR 10.09.21 Nurse Midwife Services; and

(3) Repeal in their entirety Regulations .01—.10 under COMAR 10.09.39 Nurse Anesthetists Services.

This action, which was proposed for adoption in 44:11 Md. R. 527—529 (May 26, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.02 Physicians’ Services

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

Notice of Final Action

[17-152-F-I]

On August 8, 2017, the Secretary of Health adopted amendments to Regulations .03, .04, .06, and .07 under COMAR 10.09.02 Physicians’ Services. This action, which was proposed for adoption in 44:12 Md. R. 590—591 (June 9, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.70 Maryland Medicaid Managed Care Program: Non-Capitated Covered Services

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

Notice of Final Action

[17-161-F]

On August 8, 2017, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.09.70 Maryland Medicaid Managed Care Program: Non-Capitated Covered Services. This action, which was proposed for adoption in 44:13 Md. R. 628—629 (June 23, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 27 BOARD OF NURSING

10.27.01 Examination and Licensure

Authority: Health Occupations Article, §§8-205 and 8-307, Annotated Code of Maryland; Chs. 281 and 282, Acts of 2013

Notice of Final Action

[17-158-F]

On August 8, 2017, the Secretary of Health adopted amendments to Regulation .10 under COMAR 10.27.01 Examination and Licensure. This action, which was proposed for adoption in 44:13 Md. R. 629—630 (June 23, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 27 BOARD OF NURSING

10.27.07 Practice of the Nurse Practitioner

Authority: Health Occupations Article, §8-205(a)(1), (2), (4), and (5), Annotated Code of Maryland; Ch. 342, Acts of 2015

Notice of Final Action

[17-141-F]

On July 13, 2017, the Secretary of Health adopted amendments to Regulation .02 under COMAR 10.27.07 Practice of the Nurse Practitioner. This action, which was proposed for adoption in 44:11 Md. R. 531 (May 26, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 27 BOARD OF NURSING

10.27.22 Multistate Licensure Compact Regulations

Authority: Health Occupations Article, §§8-205(a)(1) and 8-7A-01—8-7A-05, Annotated Code of Maryland

Notice of Final Action

[17-145-F]

On August 8, 2017, the Secretary of Health adopted amendments to Regulations .01—.04 under COMAR 10.27.22 Multistate Licensure Compact Regulations. This action, which was proposed for adoption in 44:12 Md. R. 592—593 (June 9, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS

10.29.09 Requirements for Apprenticeship

Authority: Health Occupations Article, §§7–101, 7-205, 7-305, and 7-306, Annotated Code of Maryland

Notice of Final Action

[16-345-F]

On August 8, 2017, the Secretary of Health adopted amendments to Regulations .02—.06, .11, and .14 under COMAR 10.29.09 Requirements for Apprenticeship. This action, which was proposed for adoption in 43:26 Md. R. 1492—1494 (December 23, 2016) and reproposed in 44:12 Md. R. 594—595 (June 9, 2017), has been adopted as reproposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.01 General Licensure Regulations

Authority: Health Occupations Article, §14-503, Annotated Code of Maryland

Notice of Final Action

[17-160-F]

On August 8, 2017, the Secretary of Health adopted amendments to Regulation .13 under COMAR 10.32.01 General Licensure Regulations. This action, which was proposed for adoption in 44:13 Md. R. 630 (June 23, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.21 Licensure, Regulation, and Discipline of Naturopathic Doctors

Authority: Health Occupations Article, §§14-5F-1—14-5F-32, Annotated Code of Maryland

Notice of Final Action

[17-139-F]

On July 13, 2017, the Secretary of Health adopted amendments to Regulations .02, .04, .06, and .11, the repeal of existing Regulation .10, and new Regulations .10 and .21 under COMAR 10.32.21 Licensure, Regulation, and Discipline of Naturopathic Doctors. This action, which was proposed for adoption in 44:11 Md. R. 531—533 (May 26, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 56 BOARD OF DIETETIC PRACTICE

10.56.02 Fees

Authority: Health Occupations Article, §§5–205, 5–206, 5–303, and 5–308, Annotated Code of Maryland

Notice of Final Action

[17-157-F]

On August 8, 2017, the Secretary of Health adopted amendments to Regulation .02 under COMAR 10.56.02 Fees. This action, which was proposed for adoption in 44:13 Md. R. 630-631 (June 23, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

DENNIS SCHRADER
Secretary of Health

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.02 Janet L. Hoffman Loan Assistance Repayment Program

Authority: Education Article, §§11-105(u), 18-204(c), and 18-1503, Annotated Code of Maryland

Notice of Final Action

[17-106-F]

On July 27, 2017, the Maryland Higher Education Commission adopted new Regulations .01—.12 under new chapter, COMAR 13B.08.02 Janet L. Hoffman Loan Assistance Repayment Program. This action, which was proposed for adoption in 44:7 Md. R. 381—383 (March 31, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

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

 

Subtitle 08 FINANCIAL AID

13B.08.03 Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship Program

Authority: Education Article, §§11-105(u), 18-204(c), and 18-603.1, Annotated Code of Maryland

Notice of Final Action

[17-113-F]

On July 27, 2017, the Maryland Higher Education Commission adopted new Regulations .01—.12 under a new chapter, COMAR 13B.08.03 Charles W. Riley Firefighter and Ambulance and Rescue Squad Member Scholarship Program. This action, which was proposed for adoption in 44:8 Md. R. 413—415 (April 14, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

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

Subtitle 08 FINANCIAL AID

13B.08.04 Senatorial Scholarship Program

Authority: Education Article, §§11-105(u) and 18-204(c) and Title 18, Subtitle 4, Annotated Code of Maryland

Notice of Final Action

[17-117-F]

On July 27, 2017, the Maryland Higher Education Commission adopted new Regulations .01—.12 under new chapter, COMAR 13B.08.04 Senatorial Scholarship Program. This action, which was proposed for adoption in 44:9 Md. R. 444—446 (April 28, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

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

 

Subtitle 08 FINANCIAL AID

13B.08.05 Delegate Scholarship Program

Authority: Education Article, §§11-105(u) and 18-204(c) and Title 18, Subtitle 5, Annotated Code of Maryland

Notice of Final Action

[17-116-F]

On July 27, 2017, the Maryland Higher Education Commission adopted new Regulations .01—.13 under a new chapter, COMAR 13B.08.05 Delegate Scholarship Program. This action, which was proposed for adoption in 44:9 Md. R. 446—448 (April 28, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

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

 

Subtitle 08 FINANCIAL AID

13B.08.09 Maryland Dent-Care Loan Assistance Repayment Program

Authority: Education Article, §§11-105(u), 18-204(c), and 18-2401—18-2408, Annotated Code of Maryland

Notice of Final Action

[17-131-F]

On July 27, 2017, the Maryland Higher Education Commission adopted new Regulations .01—.11 under new chapter, COMAR 13B.08.09 Maryland Dent-Care Loan Assistance Repayment Program. This action, which was proposed for adoption in 44:10 Md. R. 497—500 (May 12, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

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

 

Subtitle 08 FINANCIAL AID

13B.08.14 Workforce Shortage Student Assistance Grant Program

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

Notice of Final Action

[17-123-F]

On July 27, 2017, the Maryland Higher Education Commission adopted new Regulations .01—.15 under a new chapter, COMAR 13B.08.14 Workforce Shortage Student Assistance Grant Program. This action, which was proposed for adoption in 44:10 Md. R. 500—504 (May 12, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

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

 

Subtitle 08 FINANCIAL AID

13B.08.17 Student Loan Debt Relief Tax Credit

Authority: Education Article, §11-105(u); Tax-General Article, §10-740; Annotated Code of Maryland

Notice of Final Action

[17-153-F]

On July 27, 2017, the Maryland Higher Education Commission adopted new Regulations .01—.06 under a new chapter, COMAR 13B.08.17 Student Loan Debt Relief Tax Credit. This action, which was proposed for adoption in 44:12 Md. R. 597—599 (June 9, 2017), has been adopted as proposed.

Effective Date: August 28, 2017.

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

 

 


Withdrawal of Regulations 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 38 BOARD OF INDIVIDUAL TAX PREPARERS

09.38.01 General Regulations

Authority: Business Occupations and Professions Article, §§21-101, 21-102, and 21-205, Annotated Code of Maryland

Notice of Withdrawal

[16-225-W]

The Board of Individual Tax Preparers withdraws amendments to Regulation .01 under COMAR 09.38.01 General Regulations as published in 43:18 Md. R. 1022 — 1023 (September 2, 2016).

DENNIS L. GRING
Executive Director

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 07 SCHOOL PERSONNEL

13A.07.11 Standards for Professional Learning

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

Notice of Withdrawal

[16-116-W-I]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to adopt new Regulations .01—.05 under a new chapter, COMAR 13A.07.11 Standards for Professional Learning, which was published in 43:10 Md. R. 595—596 (May 13, 2016), has been withdrawn by operation of law.

GAIL S. KLAKRING
Administrator
Division of State Documents

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.15 Delegate Howard P. Rawlings Program of Educational Excellence Awards

Authority: Education Article, §§11-105(u) and 18-204(c) and Title 18, Subtitle 3, Annotated Code of Maryland

Notice of Withdrawal

[16-106-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to adopt new Regulations .01—.16 under a new chapter, COMAR 13B.08.15 Delegate Howard P. Rawlings Program of Educational Excellence Awards, which was published in 43:9 Md. R. 546—551 (April 29, 2016),  has been withdrawn by operation of law.

GAIL S. KLAKRING
Administrator
Division of State Documents

 

Title 29
DEPARTMENT OF STATE POLICE

Subtitle 01 OFFICE OF THE SECRETARY

29.01.02 Public Information Requests

Authority: General Provisions Article, §§4-201, 4-205, and 4-206; Public Safety Article, §2-205; Annotated Code of Maryland

Notice of Withdrawal

[16-115-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to amend Regulations .01, .02, and .11 and adopt new Regulation .16 under COMAR 29.01.02 Public Information Requests, which was published in 43:10 Md. R. 609 (May 13, 2016), has been withdrawn by operation of law.

GAIL S. KLAKRING
Administrator
Division of State Documents

 

Subtitle 05 CRIME LABORATORY

29.05.02 Ballistic Fingerprinting

Authority: Public Safety Article, §§5-105 and 5-131, Annotated Code of Maryland

Notice of Withdrawal

[16-126-W]

Pursuant to State Government Article, §10-116(b), Annotated Code of Maryland, notice is given that the proposal to repeal Regulations .01—.08 under COMAR 29.05.02 Ballistic Fingerprinting, which was published in 43:4 Md. R. 342—343 (February 19, 2016), has been withdrawn by operation of law.

GAIL S. KLAKRING
Acting Administrator
Division of State Documents

 


Proposed Action on Regulations

 


 



Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.12 Foreclosure Procedures for Residential Property

Authority: Real Property Article, §§7-105.1 and 7-105.14, Annotated Code of Maryland

Notice of Proposed Action

[17-197-P]

The Commissioner of Financial Regulation proposes to amend Regulations .01 and .08 under COMAR 09.03.12 Foreclosure Procedures for Residential Property.

Statement of Purpose

The purpose of this action is to prescribe a new form to be used by secured parties in expedited foreclosure proceedings for vacant and abandoned properties. The form is to be sent by secured parties to borrowers to inform them of their right to contest a finding that a borrower’s property is vacant and abandoned.

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 Jedd Bellman, Assistant Commissioner, Commissioner of Financial Regulation, 500 North Calvert Street, Suite 402, or call 410-230-6390, or email to jedd.bellman@maryland.gov, or fax to 410-333-0475. Comments will be accepted through September 18, 2017. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (29) (text unchanged)

(30) “Vacant and abandoned” means a finding by the appropriate circuit court that a residential property is vacant and abandoned pursuant to Real Property Article, §7-105.14(c), Annotated Code of Maryland.

.08 Notice of Filing.

A. — D. (text unchanged)

E. Notice of Filing with Respect to Properties Found to Be Vacant and Abandoned. A form substantially similar to that in Appendix H-6 of this chapter shall be used to comply with the notice of filing requirement when accompanying an order to docket or complaint to foreclose with respect to a property that is vacant and abandoned.

TERESA LOURO
Deputy Commissioner of Financial Regulation

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 63 COMMUNITY-BASED BEHAVIORAL HEALTH PROGRAMS AND SERVICES

10.63.07 Outpatient Civil Commitment (OCC) Pilot Program

Authority: Health-General Article, §7.5-205.1, Annotated Code of Maryland

Notice of Proposed Action

[17-228-P]

The Secretary of Health proposes to adopt new Regulations .01—.14 under a new chapter, COMAR 10.63.07 Outpatient Civil Commitment (OCC) Pilot Program. At this time, the Secretary of Health is also withdrawing new Regulations .01—.12 under a new chapter, COMAR 10.63.07 Outpatient Civil Commitment (OCC) Pilot Program, as proposed in 44:1 Md. R. 43—46 (January 6, 2017).

Statement of Purpose

The purpose of this action is to establish a pilot program for outpatient civil commitment (OCC) to allow for the release of individuals who are involuntarily committed for inpatient treatment.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. It is anticipated that there will be an indeterminable impact for the Department to consult with the nonprofit organization awarded the federal Substance Abuse and Mental Health Services (SAMHSA) grant to implement the OCC pilot project. There will be an indeterminable increase in funding to select behavioral health programs regulated by the Department to provide services delivered under the OCC pilot program.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Indeterminable

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

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.)

A. and D. The pilot program for outpatient civil commitment will be funded through federal funding from the Substance Abuse and Mental Health Services (SAMHSA). Federal funds from the SAMHSA award will be directed to select behavioral health programs regulated by the Department to provide services delivered under the OCC pilot program. Patients who might otherwise be served in psychiatric hospitals will be able to be served in the community.

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 September 18, 2017. A public hearing has not been scheduled.

.01 Scope.

A. This chapter establishes a pilot program for outpatient civil commitment (OCC) to allow for the release of individuals who are involuntarily committed for inpatient treatment under Health-General Article, §10-632, Annotated Code of Maryland, on the condition of admission to the OCC pilot program.

B. This chapter is not intended to impose any exhaustion requirement on an individual as a prerequisite to the individual’s pursuing concurrently or in any order any legal remedy to obtain release from an inpatient facility.

.02 Definitions.

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

B. Terms Defined.

(1) “Administration” means the Behavioral Health Administration and its agents or designees.

(2) “Administrative law judge (ALJ)” means an individual in the Office of Administrative Hearings authorized under State Government Article, §9-1604, Annotated Code of Maryland, to conduct hearings under this chapter.

(3) “Application” means the application made by the inpatient facility to the Administration, which seeks the voluntary or involuntary outpatient admission of an individual to the outpatient civil commitment pilot program.

(4) “Baltimore City resident” means an individual that:

(a) Has a current residence in Baltimore City; or

(b) Is willing to establish a residence in Baltimore City.

(5) “Department” means the Maryland Department of Health.

(6) “Discharge” means the removal or withdrawal of an individual from the outpatient civil commitment pilot program and the termination of the outpatient civil commitment order.

(7) “Federal grant program funding” means the funding awarded pursuant to the Substance Abuse Mental Health Services Administration’s Assisted Outpatient Treatment Grant Program for Individuals with Serious Mental Illness, established by the Protecting Access to Medicare Act of 2014, section 224.

(8) “Inpatient facility” means a private inpatient hospital that provides, or purports to provide, treatment to individuals with mental disorders.

(9) “Involuntary inpatient facility admissions” means that an individual has been admitted to an inpatient facility by an ALJ following an involuntary admission hearing pursuant to Health-General Article, §10-632, Annotated Code of Maryland.

(10) “Involuntary outpatient admission” means the admission of an individual into the outpatient civil commitment pilot program who shall be subject to conditions imposed by the Administration and ordered by an ALJ following a hearing as described in this chapter.

(11) “Legal service provider” means the entity that the Department designates to provide representation for an individual at the proceedings described in this chapter.

(12) Mental Disorder.

(a) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric or neurological disorder.

(b) “Mental disorder” includes a mental illness that substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the individual or property of another.

(c) “Mental disorder” does not include mental retardation or a primary diagnosis of alcohol or drug abuse.

(13) “Office of Administrative Hearings” means the office created under State Government Article, §9-1602, Annotated Code of Maryland.

(14) “Order” means the formal written order issued by an Administrative Law Judge committing an individual into the outpatient civil commitment pilot program.

(15) “Outpatient civil commitment (OCC) pilot program” means the program established by the Behavioral Health Administration to provide community-based treatment and supports to:

(a) Individuals involuntarily ordered by an ALJ to participate in the OCC pilot program as a condition of release from inpatient admission; or

(b) Individuals that choose to participate in the OCC pilot program voluntarily after a settlement conference with an ALJ, the legal service provider, and a representative of the inpatient facility.

(16) “Physician” means an individual licensed under Health Occupations Article, Title 14, Annotated Code of Maryland, to practice medicine in this State.

(17) “Program” means the outpatient civil commitment (OCC) pilot program.

(18) “Psychiatric nurse practitioner” means an individual licensed to practice registered nursing in this State and certified to practice as an advanced practice registered nurse/psychiatric mental health (APRN/PMH) under Health Occupations Article, Title 8, Annotated Code of Maryland.

(19) “Psychiatrist” means a physician who:

(a) Is licensed by the Maryland Board of Physicians; and

(b) Is either:

(i) Certified in psychiatry by the American Board of Psychiatry and Neurology; or

(ii) Has completed the minimum educational and training requirements to be qualified to take the Board of Psychiatry and Neurology examination for certification in psychiatry.

(20) “Psychologist” means an individual who is:

(a) Licensed under Health Occupations Article, Title 18, Annotated Code of Maryland, to practice psychology; and

(b) Listed in the National Register of Health Service Providers in Psychology.

(21) “Release” means the authorization for an individual who is confined in an inpatient facility under Health-General Article, §10-632, Annotated Code of Maryland, to leave the inpatient facility on the condition of admission to the OCC pilot program.

(22) “Voluntary outpatient admission” means the admission of an individual to the outpatient civil commitment pilot program described in this chapter voluntarily after a settlement conference with an ALJ, the legal service provider, and a representative of the inpatient facility.

.03 Pilot Program.

A. The Department authorizes the Administration to create a program to provide community-based treatment to individuals with mental disorders who were:

(1) Admitted involuntarily to an inpatient facility under Health-General Article, §10-632, Annotated Code of Maryland; and

(2) Released on condition of admission to the program pursuant to the requirements of this chapter.

B. The program shall be funded with money received from a federal government grant to conduct an outpatient civil commitment program.

C. The program shall be limited to Baltimore City residents.

D. Individuals shall be admitted to the program through voluntary outpatient admission or involuntary outpatient admission consistent with this chapter.

.04 Length of Time of the Pilot Program.

The program and the regulations under this chapter shall end on the expiration of the federal grant program funding.

.05 Admission Criteria.

A. To be involuntarily admitted to the program, an individual shall meet the following criteria:

(1) Have a mental disorder;

(2) Be 18 years old or older;

(3) Be a resident of Baltimore City;

(4) Have had two or more involuntary inpatient facility admissions in the preceding 12 months, including the most recent admission before the application for admission into the program;

(5) Has a demonstrated history of refusing community treatment that has been a significant factor in contributing to the current involuntary inpatient admission;

(6) Has a treatment history and behavior that indicates the need for outpatient treatment to prevent deterioration after discharge that is substantially likely to result in the individual becoming a danger to self or others in the community in the foreseeable future;

(7) Has been offered, and refused, the opportunity to accept voluntary outpatient admission into the program on discharge from the inpatient facility;

(8) Is substantially likely to benefit from the outpatient treatment;

(9) Would not be a danger to self or others in the community if released to the program; and

(10) Treatment in the program is the least restrictive alternative appropriate for the individual.

B. To be voluntarily admitted into the program an individual shall:

(1) With the exception of §A(7) of this regulation, meet all criteria in §A of this regulation;

(2) Participate in a settlement conference with an ALJ, the legal service provider, and a representative of the inpatient facility; and

(3) Enter into a settlement agreement whereby the individual agrees to adhere to program recommendations including a treatment plan or support services, or both, as needed by the individual.

.06 Application for Admission.

A. The administrative head of an inpatient facility may submit an application to the Administration for admission to the program of an individual who is committed to the inpatient facility under Health-General Article, §10-632, Annotated Code of Maryland.

B. The Administration shall provide an application form that includes the following:

(1) The statutory authority for the application;

(2) The applicant’s:

(a) Name;

(b) Address; and

(c) Telephone number;

(3) The name and address of the individual for whom the program is being requested;

(4) The criteria for admission into the program;

(5) The facts that support the applicant’s determination that the individual who is the subject of the application meets each criterion for admission to the program; and

(6) The signature and verification by a physician, psychiatrist, psychologist, or psychiatric nurse practitioner on behalf of the inpatient facility.

C. If the individual’s address is unknown, or the individual is homeless, the address of the inpatient facility may be used.

D. If an application does not include the information required under §B of this regulation, the Administration may not consider the application.

.07 Application Approval and Development of Treatment Plan.

A. Within 3 business days from receiving an application for admission, the Administration shall:

(1) Determine whether the individual meets the criteria for admission to the program;

(2) Determine whether the program is appropriate to meet the individual’s needs; and

(3) Provide written notice to the individual and to the administrative head of the inpatient facility of the Administration’s decision to approve or deny the application.

B. If the application is approved, the Administration shall oversee the development of the proposed program treatment plan.

C. If the application is denied, the individual may not be admitted into the program.

.08 Schedule of Hearing, Notice of Hearing, and Rights.

A. If the application for admission to the program has been approved, the inpatient facility staff shall:

(1) Schedule a hearing with the Office of Administrative Hearings;

(2) Notify the legal service provider that the hearing has been scheduled;

(3) Provide the individual with a copy of the application and proposed treatment plan; and

(4) Provide the individual with a copy of the Notice of Hearing and Rights.

B. The parent, guardian, or next of kin of an individual approved for admission to the program:

(1) Shall be given notice of the hearing; and

(2) May offer evidence and testify at the hearing.

C. The notice of hearing and rights shall be on the form provided by the Administration and shall include:

(1) The date, time, and place that the hearing will be held;

(2) The legal authority for and purpose of the hearing;

(3) A short statement explaining why the individual’s admission to the program is being sought;

(4) The criteria set forth in Regulation .06 of this chapter that govern whether the individual shall be admitted to the program;

(5) The individual’s right to consult with an attorney of the individual’s choice and, if the individual is unable to afford an attorney, the availability of representation at the hearing through the legal service provider; and

(6) The individual’s rights at the hearing as set forth in Regulation .09 of this chapter.

.09 Hearing.

A. Within 10 business days from the Administration’s approval of the program application, a hearing shall be held by the Office of Administrative Hearings to decide if the patient meets the program admission requirements of this chapter.

B. The hearing may be postponed for good cause for not more than 10 business days from date of the postponed hearing.

C. Burden of Proof. The Administration shall demonstrate by clear and convincing evidence that the individual meets each of the requirements set forth under Regulation .05 of this chapter.

D. Rights of Parties.

(1) At a hearing, the parties have the right to:

(a) Be represented by counsel;

(b) Present witnesses;

(c) Cross-examine witnesses presented by the other party;

(d) Present documentary or other relevant evidence;

(e) Submit rebuttal evidence; and

(f) Present summation and argument.

(2) In addition, an individual has the right to:

(a) Wear the individual’s choice of clothes; and

(b) Be present or waive the right to be present, if the waiver is:

(i) Knowingly and intelligently made; and

(ii) Witnessed by the individual’s counsel.

E. Findings and Conclusions. After the evidence and testimony are presented, and following summation and argument by the parties, the ALJ shall:

(1) Consider all evidence and testimony of record;

(2) Rule on issues raised by the individual that relate to the admission of the individual into the program;

(3) Order the individual released into the program if the inpatient facility has met its burden of proof establishing that the individual meets the program admission criteria under Regulation .05 of this chapter; and

(4) State on the record the:

(a) Findings, including whether the individual waived the right to attend the hearing;

(b) Conclusions of law on any issue presented; and

(c) Right of the individual to judicial review of the decision of the ALJ under State Government Article, §10-222, Annotated Code of Maryland, and the procedure for requesting judicial review.

.10 Orders.

A. An order shall:

(1) Specify that each of the admission criteria has been met;

(2) Order the individual to adhere to program recommendations including a treatment plan or support services, or both, as needed by the individual; and

(3) Specify the date on which the order shall expire.

B. An order issued under this chapter shall expire at the end of the 180-day period beginning with the individual’s initial inpatient commitment under Health-General Article, §10-632, Annotated Code of Maryland.

.11 Settlement Conference.

A. Before the hearing, if the individual elects to participate in the program voluntarily, the ALJ shall convene a settlement conference at the time, date, and place designated for the hearing.

B. The settlement conference shall include the individual, the legal service provider, and a representative of the inpatient facility.

C. In order for the individual to be voluntarily admitted to the program, the individual shall sign the settlement agreement and agree to adhere to program recommendations including a treatment plan or support services, or both, as needed by the individual.

D. The settlement agreement shall be witnessed by the ALJ.

.12 Discharge from the Program.

A. Before Discharge. Before the expiration of the program order, the Administration shall ensure that a transition plan is in place which provides the outpatient services necessary to support the individual in the community.

B. Early Discharge. The Administration may discharge an individual from the program prior to the expiration of the program order upon finding that the individual is:

(1) Not likely a danger to self or others without the order; and

(2) Compliant with the treatment plan and is likely to remain compliant in the future without the order.

C. After Discharge. Following the discharge of a patient from the program, the Administration shall monitor the transition of the individual from the program to voluntary community services for 60 days.

.13 Relation to Other Admission Provisions.

A. Nothing in this chapter prevents the admission to a hospital pursuant Health-General Article, §10-601 et seq., Annotated Code of Maryland, of an individual participating in the Program.

B. An individual’s participation in the program does not prohibit the individual’s evaluation and involuntary admission under Health-General Article, §10-601 et seq., Annotated Code of Maryland.

.14 Effective Date.

This chapter is effective July 1, 2017.

DENNIS SCHRADER
Secretary of Health

 

Title 14
INDEPENDENT AGENCIES

Subtitle 36 MARYLAND LONGITUDINAL DATA SYSTEM CENTER

Notice of Proposed Action

[17-218-P]

The Maryland Longitudinal Data System Governing Board proposes to:

(1) Amend Regulations .03 and .13 under COMAR 14.36.01 Inspection and Copying of Public Records; and

(2) Amend Regulation .01, repeal Regulation .04, recodify existing Regulations .05 and .08 to be Regulations .04 and .07, respectively, and amend and recodify Regulations .06 and .07 to be Regulations .05 and .06, respectively, under COMAR 14.36.04 Longitudinal Data Requests.

This action was considered at the June 9, 2017, meeting of the Maryland Longitudinal Data System Governing Board.

Statement of Purpose

The purpose of this action is to amend the Center’s regulations to be in compliance with the Public Information Act (PIA). Specifically, the regulations currently state that a longitudinal data request is separate from and not subject to PIA. However, compiling electronic records in response to a longitudinal data request has been determined to fall under PIA and therefore provisions that treat the longitudinal data requests in a manner inconsistent with PIA are removed.

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 Ross Goldstein, Executive Director, Maryland Longitudinal Data System Center, 525 West Redwood Street, Baltimore, MD 20201, or call 410-706-2085, or email to ross.goldstein@maryland.gov. Comments will be accepted through September, 18, 2017. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by Maryland Longitudinal Data System Governing Board during a public meeting to be held on September 8, 2017, 9a.m. to 12 p.m., at Nancy S. Grasmick Building, MSDE Board Room, 7th Floor, Baltimore, MD 21201.

 

14.36.01 Inspection and Copying of Public Records

Authority: Education Article, §§24-703 and 24-706; [State Government Article, §§10-611, 10-612, 10-613(b), 10-615(2)(i), 10-621, and 10-625] General Provisions Article, Title 4; Annotated Code of Maryland

.03 Definitions.

A. (proposed text unchanged)

B. Terms Defined.

(1) “Act” means the Public Information Act, [State Government Article, §§10-611—10-628] General Provisions Article, Title 4, Annotated Code of Maryland.

(2) “Applicant” has the meaning stated in [State Government Article, §10-611(b),] General Provisions Article, §4-101(b), Annotated Code of Maryland.

(3) (proposed text unchanged)

(4) “Custodian” has the meaning stated in [State Government Article, §10-611(c),] General Provisions Article, §4-101(d), Annotated Code of Maryland.

(5) — (6) (proposed text unchanged)

(7) “Official custodian” has the meaning stated in [State Government Article, §10-611(d),] General Provisions Article, §4-101(f), Annotated Code of Maryland.

(8) (proposed text unchanged)

(9) [Public Record.

(a)] “Public record” has the meaning stated in [State Government Article, §10-611(g),] General Provisions Article, §4-101(j), Annotated Code of Maryland.

[(b) “Public record” does not include data sets that are created and generated by the Center to respond to a longitudinal data request pursuant to Education Article, §24-703(f)(6), Annotated Code of Maryland.]

(10) (proposed text unchanged)

.13 Review of Denial.

A. If the custodian denies a request to inspect or copy a public record of the Office, the applicant may [, within 30 days after receipt of the notice of denial request administrative review] file an action for judicial enforcement under General Provisions Article, §4-362, Annotated Code of Maryland, without pursuing the remedies set forth in §§B and C of this regulation.

[B. If the applicant requests administrative review:

(1) The review shall be governed by State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland; and

(2) The Executive Director shall issue the final decision of the Center unless the Executive Director delegates the final decision authority.

C. If the review results in a total or partial denial of the request, the applicant may file an appropriate action in the circuit court under State Government Article, §10-623, Annotated Code of Maryland.

D. If the applicant does not request administrative review, the applicant may file an action for judicial enforcement under State Government Article, §10-623, Annotated Code of Maryland, without exhausting the administrative remedy.

E. This regulation does not apply if the Center denies inspection under State Government Article, §10-619, Annotated Code of Maryland.]

B. If the custodian charges a fee of more than $350 under Regulation .15 of this chapter, the applicant may, within 90 days after the date the fee is imposed, file a written complaint with the State Public Information Act Compliance Board under General Provisions Article, § 4-1A-05(a), Annotated Code of Maryland.

C. The applicant and the custodian each may contact the Public Access Ombudsman to resolve, under General Provisions Article, Title 4, Subtitle 1B, Annotated Code of Maryland, a dispute relating to requests for public records.

 

14.36.04 Longitudinal Data Requests

Authority: Education Article, §§24-701, 24-703, and 24-706; General Provisions Article, Title 4; Labor and Employment Article, §8-625; [State Government Article, Title 10, Subtitle 6;] Annotated Code of Maryland

.01 Scope.

A. Generally.

(1) (proposed text unchanged)

(2) All other public information requests shall be processed in accordance with [State Government Article, Title 10, Subtitle 6] General Provisions Article, Title 4, Annotated Code of Maryland, and COMAR 14.36.01.

B. (proposed text unchanged)

[C. Requests for longitudinal data from the Center should satisfy a similar purpose.]

[.06] .05 Fees.

[A. By Whom Set. Reasonable fees for responding to data requests shall be set by the Executive Director and shall take into consideration the volume of requests, the complexity of responding to the request, the hourly staff time spent responding to the request, and other associated expenses.

B. Deposit or Prepayment. The Executive Director, or a designated staff member, may require that an applicant provide a deposit or prepayment of all or part of the charges estimated for satisfying the data request prior to fulfillment of the request.

C. Waiver or Reduction. On an applicant’s request, the Executive Director may waive or reduce any fee imposed under this chapter if the Executive Director, after considering the applicant’s ability to pay and other relevant factors, including but not limited to the purpose specified for the data request, determines that a waiver or reduction of fees is in the public interest.]

The Executive Director shall assess fees for data requests in accordance with COMAR 14.36.01.15.

[.07 ] .06 Individual Records.

A. (proposed text unchanged)

B. Individual Student Records.

(1) — (3) (proposed text unchanged)

(4) The Center shall direct requests for access to individual student records to the agency supplying the records to the Center for consideration under the Maryland Public Information Act, [State Government, Title 10, Subtitle 6] General Provisions Article, Title 4, Annotated Code of Maryland, and any and all applicable State and federal statutes and regulations.

C. Individual Workforce Records.

(1) — (4) (proposed text unchanged)

(5) Requests for access to individual workforce records shall be directed to the Maryland Department of Labor, Licensing, and Regulation for that agency’s consideration under the Maryland Public Information Act, [State Government Article, Title 10, Subtitle 6] General Provisions Article, Title 4, Annotated Code of Maryland, and any and all applicable State and federal statutes and regulations.

D. — E. (proposed text unchanged)

ROSS GOLDSTEIN
Executive Director

 

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.02 Insurance Producers — Continuing Education Requirements

Authority: Insurance Article, §§2-109, 10-115, and 10-116, Annotated Code of Maryland

Notice of Proposed Action

[17-220-P]

The Insurance Commissioner proposes to amend Regulations .02 and .03 under COMAR 31.03.02 Insurance Producers — Continuing Education Requirements.

Statement of Purpose

The purpose of this action is to amend COMAR 31.03.02.02 and .03 to be consistent with amendments made during the 2017 legislative session to Insurance Article, §10-116, Annotated Code of Maryland, regarding continuing education requirements for insurance producers. Chs.185 and 186, Acts of 2017, added a requirement that insurance producers who are involved in bail bonds insurance must now receive continuing education that directly relates to bail bonds. Therefore a definition of bail bondsman services is being added to Regulation .02 and an amendment regarding the continuing education of producers that provide bail bondsman services is being added to Regulation .03.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

 

Estimate of Economic Impact

I. Summary of Economic Impact. Assuming that insurance producers that provide bail bondsman services must pay money to take courses which fulfill this new requirement, the cost to insurance producers will increase.

 

 

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:

Course cost

(+)

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. Assuming insurance producers who provide bail bondsman services must pay a fee to take the continuing education courses, the insurance producers will incur a minimal cost

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 Lisa Larson, Regulations Manager, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2007, or email to insuranceregreview.mia@maryland.gov, or fax to 410-468-2020. Comments will be accepted through September 18, 2017. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Bail bondsman services” means any conduct relating to the sale, solicitation, negotiation, or procurement of a bail bond, and includes the posting of a bail bond.

[(2)] (3) [(20)] (21) (text unchanged)

.03 General Continuing Education Requirements.

A. – F. (text unchanged)

G. A licensed insurance producer who possesses a license to sell property and casualty insurance and provides bail bondsman services shall obtain at least 4 hours of continuing education that directly relates to bail bond insurance.

[G.] H.[I.] J. (text unchanged)

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Subtitle 08 PROPERTY AND CASUALTY INSURANCE

31.08.15 Underwriting Period

Authority: Insurance Article, §§2-109(a)(1), [11-205, 11-306,] and 12-106(a), (b), (c), (d), and (f)(1) and (2), [and 19-406,] Annotated Code of Maryland

Notice of Proposed Action

[17-217-P]

The Insurance Commissioner proposes to amend Regulation .06 under COMAR 31.08.15 Underwriting Period.

Statement of Purpose

The purpose of this action is to amend COMAR 31.08.15.06 to conform the regulation to Insurance Article, §12-106(f)(1) and (2), Annotated Code of Maryland. Specifically, language is amending (1) the number of days before the effective date of a cancellation of a policy or binder of workers’ compensation insurance, for a reason other than nonpayment of premium, an insurer must send notice of the cancellation to the named insured’s last known address; and (2) the method by which an insurer must send the notice of cancellation of a policy or binder of insurance subject to Insurance Article, §12-106(f)(1) and (2), Annotated Code of Maryland, whether the cancellation is for nonpayment of premium or a reason other than nonpayment of premium. This action also makes stylistic and clarifying changes to the regulation.

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 Lisa Larson, Regulations Manager, Maryland Insurance Administration, 200 St. Paul Place, Suite 2700, Baltimore, MD 21202, or call 410-468-2007, or email to insuranceregreview.mia@maryland.gov, or fax to 410-468-2020. Comments will be accepted through September 18, 2017. A public hearing has not been scheduled.

.06 Cancellation of Binder or Policy During Underwriting Period.

A. (text unchanged)

B. Cancellation for Reason Other than Nonpayment of Premium.

(1) Except as provided in §B(2) of this regulation, an insurer that cancels a policy or binder under this regulation for a reason other than nonpayment of premium shall:

(a) (text unchanged)

(b) Send the notice of cancellation to the named insured’s last known address by [certificate of mail] a first- class mail tracking method not less than 15 days before the effective date of the cancellation.

(2) With respect to [a policy of] workers’ compensation insurance, an insurer that cancels a policy or binder under this regulation for a reason other than nonpayment of premium shall:

(a) (text unchanged)

(b) [Serve] Send the notice of cancellation [on] to the named [insured by personal service or certified mail addressed to the] insured’s last known address by a first-class mail tracking method not less than [30] 15 days before the effective date of the cancellation; and

(c) (text unchanged)

C. Cancellation for Nonpayment of Premium.

(1) An insurer that cancels a policy or binder under this regulation for nonpayment of premium shall:

(a) Provide the insured with a written notice of cancellation that states the insurer’s intent to cancel the policy or binder for nonpayment of premium; and

(b) Send the notice of cancellation to the named insured’s last known address by [certificate of mail] a first-class mail tracking method not less than 10 days before the effective date of the cancellation[; and].

[(c)] (2) In the case of a policy or binder of workers’ compensation insurance, the insurer shall comply with the requirements of §C(1) of this regulation and shall file a copy of the notice of cancellation with the designee of the Workers’ Compensation Commission.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Notice of Proposed Action

[17-219-P]

The Maryland State Lottery and Gaming Control Agency proposes to:

(1) Amend Regulations .02 and .03 under COMAR 36.03.01 General;

(2) Amend Regulation .07 under COMAR 36.03.03 Video Lottery Operation License;

(3) Amend Regulations .02, .11, .19, .20, .24, .27, .28, .38, .41, and .42 and adopt new Regulation .51 under COMAR 36.03.10 Video Lottery Facility Minimum Internal Control Standards;

(4) Amend Regulations .20 and .31 under COMAR 36.04.01 Video Lottery Technical Standards;

(5) Amend Regulation .16 under COMAR 36.05.02 Table Game Equipment;  and

(6) Amend Regulation .03 under COMAR 36.05.03 Table Games Procedures.

This action was considered at the Maryland Lottery and Gaming Control Commission open meeting held on June 29, 2017, notice of which was given pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Clarify the definition of table game equipment under COMAR 36.03.01.02;

(2) Specify how a Video Lottery Terminal (VLT) jackpot that is not claimed within 182 days shall be distributed pursuant to a new law (S.B. 228/H.B. 300, Ch. 452, Acts of 2017) under COMAR 36.03.01.03;

(3) Reduce the ratio of Automated Teller Machines (ATMs) to VLT and table game seats from 1 to 125 to 1 to 100 under COMAR 36.03.03.07;

(4) Remove the requirement that subsidiary ledgers and records include the number of individuals receiving complimentary services under COMAR 36.03.10.02;

(5) Require a facility operator to maintain employee photographs for 5 years to align it with the 5-year term of an employee’s license under COMAR 36.03.10.11;

(6) Align this regulation with existing gaming facility operator practices under COMAR 36.03.10.19;

(7) Provide players and gaming facility operators with greater flexibility in cashing checks under COMAR 36.03.10.20;

(8) Align this regulation with COMAR 36.03.10.32 to require each gaming facility operator to manage suspension of a player’s credit privileges and a request for reinstatement of privileges following settlement of a returned check under COMAR 36.03.10.24;

(9) Change the requirement for counter check issuance at a gaming facility from a two-part form to a one-part form under COMAR 36.03.10.27;

(10) Increase check cashing limitations under COMAR 36.03.10.28;

(11) Allow a gaming facility operator to deduct a player’s debt to the facility operator from the player’s jackpot payouts and allow a gaming facility operator to submit alternate verification procedures for jackpot or credit meter payouts between $1,200 and $10,000 under COMAR 36.03.10.38;

(12) Increase the amount that can be paid out from an automated jackpot payout machine from $10,000 to $25,000 under COMAR 36.03.10.41;

(13) Align table game cash box content key requirements with existing gaming facility practices under COMAR 36.03.10.42;

(14) Require the Commission to adopt regulations requiring each video lottery operator to establish donation boxes to allow players to make donations to the Maryland Veterans Trust Fund pursuant to a new law (SB1125/HB1537, Ch. 449, Acts of 2017) under COMAR 36.03.10.51;

(15) Allow video lottery facility operators to request alternate procedures to satisfy maintenance log requirements under COMAR 36.04.01.20;

(16) Align this regulation with existing gaming facility operator practices under COMAR 36.04.01.31;

(17) Align this regulation with existing gaming facility operator practices and allow for the cancelation of cards to take place at a location other than the gaming facility under COMAR 36.05.02.16; and

(18) Clarify that unresolved discrepancies greater than $100 shall be investigated by security or surveillance under COMAR 36.05.03.03.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Under COMAR 36.03.01.03 Unclaimed Video Lottery Terminal Jackpots, there should be a positive economic impact to the Education Trust Fund and other designated accounts/funds due to a change in the law (Ch. 452, Acts of 2017 [S.B. 228/H.B. 300]) so that all unclaimed video lottery terminal jackpots will become property of the State of Maryland and will be distributed in accordance with State Government Article §9-1A-26, Annotated Code of Maryland.

Under COMAR 36.03.10.51 Donation of Coins from Gaming Payouts, there should be a positive economic impact to the Maryland Veterans Trust Fund (MVTF) due to a change in the law (Ch. 449, Acts of 2017 [S.B.1125/H.B.1537]), which amends State Government Article, §9-1A-04, Annotated Code of Maryland, and the MVTF will be sole beneficiary of all voluntary donations received from casino patrons.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

36.03.10.51

(R+)

Minor

C. On local governments:

36.03.01.03

(R+)

Minor

 

 

 

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.)

B. There should be a positive economic impact to the Maryland Veterans Trust Fund (MVTF) due to a change in the law (Ch. 449, Acts of 2017 [S.B.1125/H.B.1537]), which amends State Government Article, §9-1A-04, Annotated Code of Maryland. The MVTF will be sole beneficiary of all voluntary donations received from casino patrons.

C. There should be a positive economic impact to the designated accounts/funds under State Government Article, §9-1A-26, Annotated Code of Maryland, due to a change in the law (Ch. 452, Acts of 2017 [S.B. 228/H.B. 300]), as unclaimed video lottery terminal jackpots will now become property of the State of Maryland and will be distributed in accordance with this new law.

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 James B. Butler, Director of Legislative and Policy Affairs, Maryland Lottery and Gaming Control Agency, 1800 Washington Blvd., Suite 330, Baltimore, MD 21230, or call (410) 230-8781, or email to jbutler@maryland.gov, or fax to (410) 230-8727. Comments will be accepted through September 18, 2017. A public hearing has not been scheduled.

 

Subtitle 03 GAMING PROVISIONS

36.03.01 General

Authority: State Government Article, §§9-1A-02(b) and 9-1A-04(d), Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (28) (text unchanged)

(29) Table Game Equipment.

(a) “Table game equipment” means equipment that is related to the operation of table games and that is owned or leased by a video lottery facility and located on the video lottery facility’s premises, and includes table layouts, cards, dice, chips, shufflers, tiles, wheels, or any mechanical, electrical, or computerized device, apparatus, or supplies used to conduct a table game or designated by the Commission as table game equipment.

(b) “Table game equipment” does not mean:

(i) A table or base that does not have a layout, device, or design that is attributable to a specific table game; or

(ii) An item described in §B(29)(a) of this regulation that is unfinished or inoperable.

(30) — (31) (text unchanged)

.03 Unclaimed Video Lottery Terminal Jackpots.

A. — B. (text unchanged)

C. After 182 days, an unclaimed jackpot shall be distributed as [proceeds] provided under State Government Article, [§9-1A-27] §9-1A-26, Annotated Code of Maryland.

 

36.03.03 Video Lottery Operation License

Authority: State Government Article, §9-1A-24, Annotated Code of Maryland

.07 Automated Teller Machines.

A. Placement; Limitations.

(1) (text unchanged)

(2) Gaming Floor. The proximity of an automated teller machine to a video lottery terminal or table game that is on a gaming floor is subject to the following limitations:

(a) (text unchanged); and

(b) There may be no more than one automated teller machine for every [125] 100 video lottery terminals and table game seats.

B. — C. (text unchanged)

 

36.03.10 Video Lottery Facility Minimum Internal Control Standards

Authority: State Government Article, §§9-1A-04(d), Annotated Code of Maryland

.02 Accounting Records.

A. — C. (text unchanged)

D. Subsidiary ledgers and records shall include, at a minimum, documents that:

(1) — (3) (text unchanged)

(4) Summarize the cost, by [number of individuals and] category of service, of complimentary services under Regulation .09 of this chapter;

(5) — (7) (text unchanged)

.11 Surveillance System Design Standards.

A. — B. (text unchanged)

C. A facility operator’s surveillance system shall include:

(1) (text unchanged)

(2) A monitor room located in the facility:

(a) (text unchanged)

(b) Equipped with:

(i) — (v) (text unchanged)

(vi) An updated photo library, consisting of photographs that are no more than [4] 5 years old, of all current employees of the facility;

(vii) — (ix) (text unchanged)

(3) — (5) (text unchanged)

D. — L. (text unchanged)

.19 Accounting Controls for a Cashiers’ Cage.

A. — D. (text unchanged)

E. A facility operator’s internal controls shall require:

(1) (text unchanged)

(2) Each general cashier and main bank cashier to prepare a cashiers’ count sheet on each shift:

(a) — (b) (text unchanged)

(c) Including the signature of the:

(i) (text unchanged)

(ii) Incoming general or main bank cashier; [and]

(3) At the end of the gaming day, the cashiers’ cage to forward a copy of each cashiers’ count sheet and related documentation to the accounting department for:

(a) (text unchanged)

(b) Comparison of forms or documents[.]; and

(4) No more than 48 hours after the discovery of an employee’s unresolved cage or count room overage or shortage of $500 or more, a facility operator shall submit a written report to the Commission describing:

(a) The reason for the overage or shortage; and

(b) Corrective action taken or adjustment made.

.20 Checks Accepted from a Player.

A. — E. (text unchanged)

F. A facility operator may not:

(1) (text unchanged)

(2) Except for a check issued under §E of this regulation, accept from a player under this regulation a check or multiple checks which in the aggregate exceed [$5,000] $10,000 during a gaming day.

G. For a personal check equaling or exceeding [$500] $5,000, a facility operator shall confirm the availability of funds by:

(1) — (3) (text unchanged)

H. (text unchanged)

I. A facility operator’s internal controls shall require a check accepted from a player by a general cashier to be:

(1) If a personal check other than an electronic check, restrictively endorsed “for deposit only” to the bank account designated for this purpose by the facility operator and:

(a) — (c) (text unchanged)

(d) If a personal check equaling or exceeding [$500] $5,000, confirmed for availability of funds under §G of this regulation;

(2) — (4) (text unchanged)

.24 Credit Authorization.

A. — O. (text unchanged)

P. A facility operator shall suspend the counter check privileges of a player:

(1) On receipt of:

(a) (text unchanged)

(b) Information that indicates that a player’s financial position has materially deteriorated; or

(c) A returned check; [or

(d) Notice from the Commission that the player has requested a suspension of credit privileges under Regulation .32 of this chapter;] or

(2) (text unchanged)

Q. A facility operator may reinstate the counter check privileges of a player suspended under §[O] P of this regulation after:

(1) — (2) (text unchanged)

(3) If applicable[:

(a) Payment], payment in full of a returned check[; or

(b) Notice from the Commission that the player’s credit privileges have been reinstated under Regulation .32 of this chapter].

R. — S. (text unchanged)

.27 Counter Check Issuance at a Video Lottery Terminal or Table Game.

A. — C. (text unchanged)

D. A facility operator’s internal controls for a counter check exchanged for cash or gaming ticket directly at a video lottery terminal shall include:

(1) (text unchanged)

(2) Procedures and controls addressing the identification of the player which include:

(a) A slot attendant to obtain the amount of the requested [Counter Check] counter check and the player’s signature on a [two] one-part [Counter Check Request Form] counter check request form and transport the [Counter Check Request Form] counter check request form directly to the cage cashier; and

(b) A cage cashier to compare the signature on the [two] one-part counter check request form to the signature contained within a player signature file;

(3) Procedures and controls over the counter check issuance process which require:

(a) A general cashier to:

(i) — (ii) (text unchanged)

(iii) Present the [original and duplicate copy of the] counter check request document, all copies of the counter check and the cash, gaming ticket, chip, or plaque to the gaming operations department supervisor and the verifying employee;

(iv) (text unchanged)

(v) Obtain the signature of the verifying employee on the [original and duplicate copy of the request for] counter check request document confirming that the amount of cash, gaming ticket, chip, or plaque to be transported to the player agrees with the amount on the counter check and on the counter check request document; and

(vi) [Retain the duplicate copy of the request for counter check document; and

(vii)] Release to the verifying employee the [original of the request for] counter check request document, all copies of the counter check, and the cash, gaming ticket, chip, or plaque for transportation, in the presence of the gaming operations department supervisor who transported the counter check request to the cashiers’ cage, to the player;

(b) (text unchanged)

(c) A gaming operations department supervisor to compare the player’s signature on the counter check to the signature on the [request for] counter check request document;

(d) (text unchanged)

(e) A gaming operations department supervisor to:

(i) (text unchanged); and

(ii) Drop the accounting copy of the counter check [and the original request for counter check document] into an accounting drop box for forwarding to accounting;

(f) (text unchanged)

(g) A general cashier to:

(i) Expeditiously transfer the original and redemption copies of the counter check to the check bank directly or to a security department employee for transportation to the cashiers’ cage if the counter check is issued in a satellite cage; and

(ii) Attach the [duplicate copy of the request for] counter check request document to the accounting copy of the counter check to serve as documentation supporting the exchange of cash, gaming ticket, for the counter check.

.28 Counter Check Substitution, Consolidation, and Redemption.

A. — B. (text unchanged)

C. If a personal check is accepted in an amount less than or equal to the amount of a counter check being partially or fully redeemed, the [$5,000] $10,000 limitation on acceptance of personal checks in Regulation [.20G] .20F(2) of this chapter does not apply.

D. — I. (text unchanged)

.38 Jackpot Payout.

A. — D. (text unchanged)

E. A facility operator may withhold a player’s outstanding indebtedness to the facility from a jackpot prize or credit meter payout after satisfying a player’s financial obligation to the State, as required in §C(2) of this regulation;

[E.] F. (text unchanged)

[F.] G. A facility operator’s internal controls shall include:

(1) (text unchanged)

(2) [A] Unless a request for an alternate verification procedure is submitted in writing and approved by the Commission, a requirement that, if a jackpot or credit meter payout is $1,200 or more but less than $10,000, a security department employee or a gaming operations department attendant or gaming operations department supervisor or above other than the preparer of the document sign the jackpot or credit meter payout document after verifying the payment of the jackpot or credit meter payout to the player and:

(a) — (b) (text unchanged)

(3) (text unchanged)

(4) A provision that, if a jackpot or credit meter payout document generated under [§F(1)] §G(1) of this regulation is requested by a gaming operations department supervisor or above, the verification required by [§F(3)] §G(3) of this regulation may be completed by a gaming operations department attendant, a gaming operations department supervisor or above, or a security department employee;

(5) (text unchanged)

(6) A provision that, if a jackpot or credit meter payout document required under [§F(1)] §G(1) of this regulation is requested by a gaming operations department shift manager or higher level gaming operations department employee, the verification required by [§F(5)] §G(5) of this regulation may be completed by a gaming operations department attendant, a gaming operations department supervisor or above, or a security department employee;

(7) — (13) (text unchanged)

(14) Procedures utilized to issue a manual jackpot or credit meter payout document which:

(a) — (d) (text unchanged)

(e) Require the key to the cabinet in [§F(14)(d)] §G(14)(d) of this regulation to be:

(i) — (ii) (text unchanged)

.41 Automated Jackpot Payout Machine.

A. — B. (text unchanged)

C. A facility operator shall, in accordance with Regulation [.39D] .38D of this chapter, configure an automated jackpot payout machine to only process a jackpot or credit meter payout of less than [$10,000] $25,000.

D. — E. (text unchanged)

.42 Access to Bill Validators, Cash Storage, and Table Game Drop Boxes.

A. — D. (text unchanged)

E. Table Game Drop Box.

(1) — (4) (text unchanged)

(5) The keys to the table game drop box locks required under [§E(2)] §E(2)(a) of this regulation shall be controlled by the accounting department.

(6) (text unchanged)

.51 Donation of Coins from Gaming Payouts.

A. A facility operator shall offer players the opportunity to donate to the Maryland Veterans Trust Fund by providing at least one donation box or container that is:

(1) Clearly marked as accepting donations for the Maryland Veterans Trust Fund;

(2) Equipped with an opening that is large enough for players to donate coins, cash, gaming chips, gaming tickets, or other items that are redeemable for cash at the facility;

(3) Capable of being locked;

(4) Securely attached to a stationary object or otherwise secured to prevent unauthorized removal of the box or container; and

(5) Located near an exit, cage, customer service window or kiosk, or in any other part of the facility that experiences high player traffic.

B. A facility operator shall develop and include in the internal controls submitted to and approved under Regulation .05 of this chapter procedures and controls addressing the donation and security of items described in §A(2) of this regulation as donations to the Maryland Veterans Trust Fund.

C. An item that was deposited into a Maryland Veterans Trust Fund box or container described in §A of this regulation may not be distributed as an unclaimed video lottery terminal jackpot under COMAR 36.03.01.03.

 

Subtitle 04 VIDEO LOTTERY TERMINALS

36.04.01 Video Lottery Technical Standards

Authority: State Government Article, §§9-1A-02 and 9-1A-04, Annotated Code of Maryland

.20 Video Lottery Terminal Entry Logs.

A. [A] Unless a request for an alternate procedure is submitted in writing and approved by the Commission, a manufacturer shall equip a video lottery terminal with a maintenance log for use in documenting each time a:

(1) — (2) (text unchanged)

B. — C. (text unchanged)

.31 Remote Access.

A. — B. (text unchanged)

C. A facility operator intending to authorize remote access to a video lottery system under this regulation shall include in its internal controls submitted for Commission approval under COMAR 36.03.10.05 a written system of access protocols which require:

(1) — (2) (text unchanged)

(3) [Prior] The facility operator to provide the Commission with prior notice [by the manufacturer] of an intent to remotely access a system [to the:

(a) Facility operator; and

(b) Commission] ;

(4) — (6) (text unchanged)

D. — F. (text unchanged)

 

Subtitle 05 TABLE GAMES

36.05.02 Table Game Equipment

Authority: State Government Article, §9-1A-04, Annotated Code of Maryland

.16 Cards — Receipt, Storage, Inspection, and Removal.

A. (text unchanged)

B. Storage. The Commission-approved storage area shall have two separate locks, to which access shall be controlled as follows:

(1) (text unchanged)

(2) An employee of the gaming operations department, below [an assistant table games shift manager] a floorperson in the organizational hierarchy, may not have access to the gaming operations department key.

(3) (text unchanged)

C. — O. (text unchanged)

P. Destruction or Cancellation. Except for plastic cards used at poker which are of sufficient quality for reuse, decks of cards in an envelope or container that are inspected as required under §N of this regulation and found to be without any indication of tampering, marks, alterations, missing or additional cards or any indication of unfair play shall be destroyed or cancelled within 5 days of collection.

(1) — (3) (text unchanged)

(4) The destruction or cancellation of cards shall take place:

(a) [in] In a secure location in the licensed facility covered by the facility operator’s surveillance system, the physical characteristics of which shall be approved by the Commission under COMAR 36.05.03.16; or

(b) If conducted by a vendor that is registered or certified under COMAR 36.03.02.17 and done in accordance with an internal control of the licensed facility that has been approved by the Commission under COMAR 36.03.10.05, at a location other than the facility.

 

36.05.03 Table Games Procedures

Authority: State Government Article, §9-1A-04, Annotated Code of Maryland

.03 Procedures for Opening a Table Game.

A. — G. (text unchanged)

H. For any unresolved discrepancy greater than $100, the security or surveillance department shall investigate the discrepancy and, within 24 hours, complete a written incident report and immediately forward a copy to a Commission compliance representative.

GORDON MEDENICA
Director

 

 


General Notices

 

Notice of ADA Compliance

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

 


ATHLETIC COMMISSION

Subject: Public Meeting

Date and Time: August 30, 2017, 10 a.m. — 2 p.m.

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

Contact: Patrick Pannella (410) 230-6223

[17-17-13]

 

CHESAPEAKE BAY TRUST

Subject: Public Meeting

Date and Time: September 15, 2017, 9 a.m. — 12 p.m.

Place: Osprey Point Retreat and Conference Center, Royal Oak, MD

Contact: Heather Adams (410) 974-2941

[17-17-16]

 

MARYLAND COLLECTION AGENCY LICENSING BOARD

Subject: Public Hearing

Date and Time: September 14, 2017, 10:30 a.m. — 12 p.m.

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

Add'l. Info: Quarterly Meeting of the Maryland Collection Agency Licensing Board

Contact: Lisa Tinsley (410) 230-6107

[17-17-04]

 

COMPTROLLER OF THE TREASURY/ADMINISTRATION AND FINANCE

Subject: Comptroller of Maryland Administration and Finance Reduction of Bond Authorization Announcement

Add'l. Info: Pursuant to State Finance and Procurement Article, §8-128, Annotated Code of Maryland, which provides that, if within 2 years after the date of an authorization of State debt no part of the project or program for which the enabling act authorized the State debt is under contract and the Board of Public Works has not committed money for any part of the project or program, the authorization terminates unless:

     (1) The enabling act provides otherwise; or (2) In an emergency, the Board unanimously grants a temporary exception for a period of one year.

     Therefore, with Board of Public Works approval of item #14-CGL DEPARTMENT OF GENERAL SERVICES Agenda Item, March 8, 2017, we submit for publication the following cancellation of bond authorization in accordance with the above-referenced articles:

Early Literary Center: Ch. 495, Acts of 2015; $25,000; authorized the funds for acquisition, planning, design, construction, repair, renovation, reconstruction, and capital equipping of the Early Literary Center project, located in Montgomery County.

Re Rentuma

Fiscal Specialist

Administration and Finance

Contact: Re Rentuma (410) 260-7909

[17-17-09]

 

CRIMINAL JUSTICE INFORMATION ADVISORY BOARD

Subject: Public Meeting

Date and Time: September 18, 2017, 1 — 3 p.m.

Place: Judicial Training Center, 2009-D Commerce Park Dr., Annapolis, MD

Contact: Robyn Lyles (410) 585-3185

[17-17-02]

 

BOARD OF DIETETIC PRACTICE

Subject: Public Meeting

Date and Time: September 14, 2017, 10 a.m. — 12 p.m.

Place: 4201 Patterson Ave., Rm. 105, Baltimore, MD

Contact: Lenelle Cooper (410) 764-4733

[17-17-14]

 

COMMISSIONER OF FINANCIAL REGULATION

Subject: Bank Merger

Add'l. Info: On July 3, 2017, Sandy Spring Bank, a Maryland-chartered bank located in Olney, Maryland, filed an application pursuant to Financial Institutions Article, §3-703, Annotated Code of Maryland, for approval to merge with WashingtonFirst Bank, located in Reston, Virginia. The surviving institution will be Sandy Spring Bank.

The public file on this application is available at the Office of the Commissioner of Financial Regulation, 500 North Calvert Street, Suite 402, Baltimore, Maryland 21202. Comments regarding this application must be submitted in writing and must be received by the Commissioner within 20 calendar days of the date of publication of this notice in the Maryland Register.

For further information, contact Marcia A. Ryan, Assistant Commissioner at (410) 230-6104.

Contact: Marcia Ryan (410) 230-6104

[17-17-18]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Call for Physicians and Pharmacists Nominations for Maryland Medicaid DUR Board

Add'l. Info: The Maryland Department of Health Drug Utilization Review (DUR) Board is currently recruiting for physicians and pharmacists to serve on the Maryland DUR Board beginning January 2018.

     The implementation of the Omnibus Budget Reconciliation Act of 1990 (OBRA 90), §1927g(3) requires that the Maryland Department of Health establish a Medicaid DUR Board. The DUR Board is comprised of both physicians and pharmacists and has been in operation since November 1992. The activities of the DUR Board include:

·      Overseeing retrospective and prospective DUR within the Maryland Medicaid Program.

·      Approving DUR criteria and standards.

·      Making recommendations concerning education and other types of interventions based on prospective and retrospective DUR findings.

·      Preparing an annual report for submission to the Centers for Medicare and Medicaid (CMS) describing the nature and scope of the DUR program, summarizing educational/interventional strategies used, and estimating cost savings generated.

·      Reviewing individual recipient profiles and making recommendations to restrict patients who might be abusing Medicaid prescription drugs.

     The DUR Board has quarterly 3-hour meetings in the Baltimore area. Meetings are normally scheduled on the first Thursday morning during the months of March, June, September, and December. Members serve terms of 3 years from the date of their appointment with the option to serve an additional 3-year term.

     The membership of the Maryland DUR Board includes health care professionals who have recognized knowledge and expertise in at least one of the following areas:

·      The clinically appropriate prescribing of outpatient drugs.

·      The clinically appropriate dispensing and monitoring of outpatient drugs.

·      Drug use review, evaluation, and intervention.

·      Medical quality assurance.

For an application packet, please contact Gina Homer at the Maryland Medicaid Pharmacy Program at 410-767-1749 or via email at Gina.Homer@Maryland.gov.

     The application deadline is Friday, September 22, 2017.

Contact: Gina Homer (410) 767-1749

[17-17-17]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Meeting

Date and Time: August 28, 2017, 9 — 10:15 a.m.

Place: Maryland Insurance Administration, 200 St. Paul Pl., Francis Scott Key Conf. Rm., Baltimore, MD

Add'l. Info: Pursuant to Insurance Article, §10-110, Annotated Code of Maryland, the Insurance Commissioner will hold a meeting of the Property and Casualty Producer Advisory Board to review continuing education courses, examinations, and other matters relating to the education and qualification of insurance producers.

Contact: Nancy Egan (410) 468-2293

[17-17-10]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Meeting

Date and Time: August 28, 2017, 10:30 — 11:45 a.m.

Place: Maryland Insurance Administration, 200 St. Paul Pl., Francis Scott Key Conf. Rm., Baltimore, MD

Add'l. Info: Pursuant to Insurance Article, §10-110, Annotated Code of Maryland, the Insurance Commissioner will hold a meeting of the Life and Health Producer Advisory Board to review continuing education courses, examinations, and other matters relating to the education and qualification of insurance producers.

Contact: Nancy Egan (410) 468-2293

[17-17-11]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Hearing

Date and Time: August 28, 2017, 1 — 4 p.m.

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

Add'l. Info: The Maryland Insurance Administration will conduct a public hearing on specific rate increase requests being made by certain long-term care insurance carriers operating in Maryland. The hearing will focus on several rate increase requests before the Maryland Insurance Administration. In the individual long-term care market, these include requests from the Maryland Life and Health Insurance Guaranty Corporation on behalf of Penn Treaty Network America Insurance Company, Metropolitan Life Insurance Company, MedAmerica Insurance Company, CMFG Life Insurance Company, and Continental Casualty Company. In the group long-term care market, these include requests from Metropolitan Life Insurance Company and MedAmerica Insurance Company. The purpose of the hearing is for insurance company officials to explain their reasons for the rate increases. Commissioner Redmer will also listen to comments from stakeholders at the hearing. Prior to the hearing, copies of each company’s actuarial memorandum will be posted to the Maryland Insurance Administration’s website.

     If you plan to attend, please RSVP to Nancy Muehlberger. Written comments and RSVPs should be sent to Nancy Muehlberger by August 21, 2017, either by email to longtermcare.mia@maryland.gov or by mail to 200 St. Paul Place, Suite 2700, Baltimore, MD 21202 or by fax to 410-468-2038.

     Any questions regarding this matter should be directed to Nancy Muehlberger, Actuarial Analyst, by August 21, 2017, by email to Nancy.Muehlberger@maryland.gov. More information on the hearing can be found at http://insurance.maryland.gov/Consumer/Pages/Long-Term-Care-Hearing-August-28-2017.aspx.

Contact: Adam Zimmerman (410) 468-2048

[17-17-03]

 

MARYLAND INSURANCE ADMINISTRATION

Subject: Public Meeting

Date and Time: September 25, 2017, 1 — 4 p.m.; Additional Date: October 23, 2017 1 — 4 p.m.

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

Add'l. Info: The Maryland Insurance Administration has agreed to convene a workgroup to look into the concerns raised by stakeholders interested in a number of pharmaceutical services related bills. The purpose of the workgroup and the public workgroup meetings is to see if common ground can be found to resolve the stakeholders concerns. The MIA will report back to the Health and Government Operations Committee on the proceedings of the workgroup and any policy recommendations that emerge as a result of those proceedings before the 2018 legislative session. The Administration is soliciting information prior to the meeting from interested parties. Individuals or organizations who wish to submit written testimony should submit it to pharmacyservicesworkgroup.mia@maryland.gov. Additional information can be found on the Administration’s website at insurance.maryland.gov under the Pharmaceutical Services Workgroup quick link. Any questions or concerns can be directed to Bob Morrow, Associate Commissioner Life and Health, at bob.morrow@maryland.gov or 410-468-2212.

Contact: Bob Morrow (410) 468-2212

[17-17-12]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: September 19, 2017, 1 — 4 p.m.

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

Contact: Valerie Wooding (410) 764-3570

[17-17-08]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Project Change

Add'l. Info: On July 28, 2017, the Maryland Health Care Commission (MHCC) received notice and a request for approval of project changes under COMAR 10.24.01.17B from Washington Adventist Hospital, holder of a Certificates of Need (CON), Docket No. 13-15-2349.

     The project’s sponsor has requested approval for:

         1. Construction of the Central Utility Plant under the auspices of Adventist Healthcare; and

         2. Construction of a parking garage structure as a substitute for most, but not all, of the surface parking spaces.

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

Contact: Ruby Potter (410) 764-3276

[17-17-15]

 

STATE ADVISORY COUNCIL ON QUALITY CARE AT THE END OF LIFE

Subject: Public Meeting

Date and Time: October 18, 2017, 10 a.m. — 12 p.m.

Place: Office of Health Quality, Spring Grove Campus, Bland Bryant Bldg., Catonsville, MD

Add'l. Info: Map and directions may be found here: https://health.maryland.gov/ohcq/Documents/MapofSpringGrove.jpeg

Contact: Paul Ballard (410) 767-6918

[17-17-07]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: August 23, 2017, 9 a.m. — 1:30 p.m.

Place: MDE, 1800 Washington Blvd., Baltimore, MD

Add'l. Info: A portion of this meeting may be held in closed session.

Contact: Elaine Nolen (410) 537-4466

[17-17-05]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: September 27, 2017, 9 a.m. — 1:30 p.m.

Place: MDE, 1800 Washington Blvd., Baltimore, MD

Add'l. Info: A portion of this meeting may be held in closed session.

Contact: Elaine Nolen (410) 537-4466

[17-17-06]