Capitol Building Maryland Register

Issue Date: December 22, 2017

Volume 44 • Issue 26 • Pages 1203-1262

IN THIS ISSUE

Governor

Judiciary

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 4, 2017 5 p.m.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 December 4, 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 ....................................................................  1207

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1208

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

05        Department of Housing and Community
               Development .................................................................  1216

08        Department of Natural Resources ..........................  1214, 1219

10        Maryland Department of Health .............................  1214, 1221

13A     State Board of Education ..................................................  1235

13B     Maryland Higher Education Commission ........................  1236

14        Independent Agencies ......................................................  1242

20        Public Service Commission .............................................  1248

24        Department of Business and Economic Development ......  1250

27        Critical Area Commission for the Chesapeake and Atlantic Coastal Bays     1251

29        Department of State Police ...............................................  1254

36        Maryland State Lottery and Gaming Control
               Agency ..........................................................................  1254

 

PERSONS WITH DISABILITIES

Individuals with disabilities who desire assistance in using the publications and services of the Division of State Documents are encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to (410) 974-2546, or through Maryland Relay.

 

The Governor

EXECUTIVE ORDER 01.01.2017.30 .  1211

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .  1213

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Crabs .  1214

Fish .  1214

Striped Bass .  1214

Gear  1214

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Home Health Services .  1214

Medical Laboratories .  1214

Early and Periodic Screening, Diagnosis, and Treatment:
   Nursing Services for Individuals Younger than 21 Years
   Old .  1214

Free-Standing Independent Diagnostic Testing
   Facilities .  1214

Portable X-ray Providers .  1214

Nursing Facility Services .  1214

Disposable Medical Supplies and Durable Medical
   Equipment  1214

Health Homes .  1215

General Medical Assistance Provider Participation
   Criteria .  1215

Community-based Substance Use Disorder Services .  1215

Remote Patient Monitoring .  1215

BOARD OF PHYSICIANS

Physician Licensure by Conceded Eminence .  1215

Mandated Reporting to the Board .  1215

 

Proposed Action on Regulations

05  DEPARTMENT OF HOUSING AND COMMUNITY
   DEVELOPMENT

HOUSING INSURANCE

Maryland Housing Fund — Multifamily Program ..  1216

Single Family Insurance Program ..  1216

Business Reserve Insurance .  1216

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Shellfish — General  1219

WILDLIFE

General Wildlife Hunting Regulations .  1221

10  MARYLAND DEPARTMENT OF HEALTH

DISEASES

Sexually Transmitted Infections — Expedited Partner
   Therapy for Chlamydia, Gonorrhea, and
   Trichomoniasis .  1221

MEDICAL CARE PROGRAMS

Applied Behavior Analysis Services .  1222

Telehealth Services .  1224

DRUGS

Dispensing of Prescription Drugs by a Licensee .  1225

BOARD OF PHYSICIANS

Delegation of Acts by a Licensed Physician to an Assistant
   Not Otherwise Authorized under the Health Occupations
   Article or the Education Article .  1225

Permits for the Dispensing of Prescription Drugs .  1225

DRUGS

AIDS Education Program for Persons Convicted of Drug/Sex-
   Related Crimes . 1229

MARYLAND HEALTH CARE COMMISSION

State Health Plan for Facilities and Services: General Surgical
   Services

Corrected Statement of Purpose .  1230

State Recognition of an Electronic Advance Directives
   Service . 1230

HEALTH OCCUPATIONS BOARDS

Tax Compliance Regulations .  1233

BOARD OF DIETETIC PRACTICE

Continuing Education .  1233

BOARD OF PHYSICIANS

Delegation of Duties by a Licensed Physician—Physician
   Assistant  1234

STATE BOARD OF SPINAL CORD INJURY RESEARCH

Administration of Spinal Cord Injury Trust Fund   1235

13A STATE BOARD OF EDUCATION

SCHOOL PERSONNEL

Incentive Program for Certification by the National Board for
   Professional Teaching Standards .  1235

13B MARYLAND HIGHER EDUCATION COMMISSION

ACADEMIC REGULATIONS

Requirements for Authorization of Out-of-State Degree-
   Granting Institutions to Operate in Maryland .  1236

Minimum Requirements for In-State Degree-Granting
   Institutions .  1236

Academic Programs — Degree-Granting Institutions .  1236

14  INDEPENDENT AGENCIES

WORKERS' COMPENSATION COMMISSION

General Administrative .  1242

Requirements for Filing and Amending Claims .  1242

Requirements for Filing and Amending Claims .  1243

Legal Representation and Fees .  1244

Vocational Rehabilitation Practitioners .  1245

Settlements and Lump Sum Payments .  1245

Responsibilities of Insurers .  1246

Individual Employer Self-Insurer  1246

MARYLAND ENVIRONMENTAL SERVICE

Procurement  1247

20  PUBLIC SERVICE COMMISSION

TAXICABS

Taxicab Drivers .  1247

Taxicabs — Control and Operation .  1248

Control and Operation of Taxicabs in the City of Cumberland
   and the City of Hagerstown .  1250

24  DEPARTMENT OF COMMERCE

ECONOMIC DEVELOPMENT

Regional Institution Strategic Enterprise Zone
   Program ..  1250

27  CRITICAL AREA COMMISSION FOR THE
   CHESAPEAKE AND ATLANTIC COASTAL BAYS

CRITERIA FOR LOCAL CRITICAL AREA PROGRAM
   DEVELOPMENT

General Provisions .  1251

Directives for Updating Critical Area Maps .  1251

Nonwater-Dependent Projects .  1251

DEVELOPMENT IN THE CRITICAL AREA RESULTING
   FROM STATE AND LOCAL AGENCY PROGRAMS

General Provisions .  1251

PROJECT APPLICATIONS

Notification of Project Applications .  1251

29  DEPARTMENT OF STATE POLICE

FIRE PREVENTION COMMISSION

Fire Sprinkler Contractor Licensing Regulations .  1254

36  MARYLAND STATE LOTTERY AND GAMING
   CONTROL AGENCY

GAMING PROVISIONS

Mandatory Exclusion .  1254

 

Errata

MARYLAND DEPARTMENT OF HEALTH

Regulatory Review and Evaluation .  1257

COMAR 10.09.79 .  1257

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT 1258

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water  1258

MARYLAND HEALTH CARE COMMISSION

NUMBER OF CHRONIC HOSPITAL BEDS, PATIENT
   DAYS, AND AVERAGE ANNUAL BED OCCUPANCY:
   MARYLAND, FY 2016 .  1259

 

General Notices

ADVISORY COUNCIL ON CEMETERY OPERATIONS

Public Meeting .  1260

DEPARTMENT OF THE ENVIRONMENT

Proposed Calendar Year 2018 Standard Permit Application
   Turnaround Times .  1260

MARYLAND DEPARTMENT OF HEALTH

Public Meeting .  1260

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  1260

Notice of Receipt of a Letter of Intent and Review for
   Alcoholism and Drug Abuse Intermediate Care Facility
   Beds . 1260

MINORITY BUSINESS ENTERPRISE ADVISORY
   COMMITTEE

Public Meeting .  1260

Public Meeting .  1260

Public Meeting .  1260

Announcement of Calendar Year 2018 Limitation on the
   Personal Net Worth of a Socially and Economically
   Disadvantaged Individual as it relates to Certification of a
   Minority Business Enterprise (MBE)  1260

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — Commercial Striped Bass Common Pool
   Gill Net Season Modification .  1261

Public Notice — Partial Closure of Public Shellfish Fishery
   Areas 69 and 81— Effective 12/4/17 .  1261

Public Notice — Opening of Public Shellfish Fishery Areas
   68 and 72— Effective 12/4/17 .  1261

Public Notice — 2018 Recreational Black Sea Bass Fishery
   — Effective 1/1/18 .  1261

Public Notice — 2018 Summer Flounder Season, Size Limit
   and Creel Limit — Effective 1/1/18 .  1262

Public Notice — CORRECTION: Partial Closure of Public
   Shellfish Fishery Area 81 — Effective 12/11/17 .  1262

Public Notice — 2018 Atlantic Coast Recreational and
   Charter Boat Striped Bass Fishery Changes — Effective
   1/1/18 .  1262

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting .  1262

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  1262

DIVISION OF WORKFORCE DEVELOPMENT AND
   ADULT LEARNING/MARYLAND APPRENTICESHIP
   AND TRAINING COUNCIL

Public Meeting .  1262

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.state.md.us, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES through JULY 20, 2018

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

January 5**

December 18

December 27

December 22

January 19**

December 29

January 10

January 8

February 2**

January 12

January 24

January 22

February 16

January 29

February 7

February 5

March 2**

February 12

February 21

February 16

March 16

February 26

March 7

March 5

March 30

March 12

March 21

March 19

April 13

March 26

April 4

April 2

April 27

April 9

April 18

April 16

May 11

April 23

May 2

April 30

May 25

May 7

May 16

May 14

June 8**

May 21

May 30

May 25

June 22

June 4

June 13

June 11

July 6

June 18

June 27

June 25

July 20

July 2

July 11

July 9

 

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

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

** Note closing date changes

***   Note issue date and closing date changes

The regular closing date for Proposals and Emergencies is Monday.

 


Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

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

Table of Pending Proposals

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

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.06.01.04 • 44:26 Md. R. 1216 (12-22-17)

05.06.06.04 • 44:26 Md. R. 1216 (12-22-17)

05.06.09.01—.09 • 44:26 Md. R. 1216 (12-22-17)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.02.12 • 44:23 Md. R. 1080 (11-13-17)

08.02.04.15 • 44:23 Md. R. 1080 (11-13-17)

08.02.04.17 • 44:23 Md. R. 1081 (11-13-17) (ibr)

08.02.07.03 • 44:23 Md. R. 1080 (11-13-17)

08.02.08.06 • 44:26 Md. R. 1219 (12-22-17)

08.03.10.02,.14,.15 • 44:26 Md. R. 1221 (12-22-17)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

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

09.03.13.02 • 44:21 Md. R. 987 (10-13-17)

09.10.03.01-1 • 44:23 Md. R. 1083 (11-13-17)

09.12.01.01,.01-1,.01-2,.08,.09,.14,.14-1,.15,.16,
     .16-1,.17,.19,.27,.28,.28-1,.28-2,.28-3,.29,   .34,
     .35
• 44:23 Md. R. 1083 (11-13-17)

09.12.31 • 44:21 Md. R. 987 (10-13-17)

                 44:21 Md. R. 988 (10-13-17)

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

09.19.05.01 • 44:24 Md. R. 1154 (11-27-17) (ibr)

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

09.23.06.02—.17 • 44:19 Md. R. 900 (9-15-17)

09.28.04.01—.13 • 44:23 Md. R. 1093 (11-13-17)

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)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01—08 (1st volume)

 

10.01.01.01—.11 • 44:23 Md. R. 1095 (11-13-17)

10.01.04.03,.04,.08 • 44:21 Md. R. 988 (10-13-17)

10.06.07.01,.02,.04-1,.05,.06 • 44:26 Md. R. 1221 (12-22-17)

10.07.06.15,.17 • 44:23 Md. R. 1097 (11-13-17)

10.08.01.03,.04,.06,.08,.09 • 44:23 Md. R. 1098 (11-13-17)

10.08.02.03,.05,.07,.09 • 44:23 Md. R. 1098 (11-13-17)

10.08.03.02,.04,.06,.08 • 44:23 Md. R. 1098 (11-13-17)

10.08.04.02,.05,.10 • 44:23 Md. R. 1098 (11-13-17)

10.08.05.02,.05,.10 • 44:23 Md. R. 1098 (11-13-17)

 

     Subtitle 09 (2nd volume)

 

10.09.28.01,.04—.06 • 44:26 Md. R. 1222 (12-22-17)

10.09.36.03-1 • 44:21 Md. R. 1002 (10-13-17)

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

10.09.48.08 • 44:23 Md. R. 1101 (11-13-17)

10.09.49.07 • 44:26 Md. R. 1224 (12-22-17)

10.09.62.01 • 44:21 Md. R. 988 (10-13-17)

10.09.63.02,.03,.06 • 44:21 Md. R. 988 (10-13-17)

10.09.64.03,.11 • 44:21 Md. R. 988 (10-13-17)

10.09.65.02,.04,.15,.17,.19,.20,.28 • 44:21 Md. R. 988 (10-13-17)

10.09.65.03 • 44:23 Md. R. 1101 (11-13-17)

10.09.66.01,.02 • 44:21 Md. R. 988 (10-13-17)

10.09.67.01,.04,.19 • 44:21 Md. R. 988 (10-13-17)

10.09.68.01—.03 • 44:21 Md. R. 988 (10-13-17)

10.09.71.02,.04,.05 • 44:21 Md. R. 988 (10-13-17)

10.09.72.01,.06 • 44:21 Md. R. 988 (10-13-17)

10.09.84.02,.05—.07,.10,.15,.18,.19,.23,
     .24
• 44:21 Md. R. 1004 (10-13-17)

10.09.89.10—.14 • 44:22 Md. R. 1044 (10-27-17)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.13.01.02—.05 • 44:26 Md. R. 1225 (12-22-17)

10.13.05.01—.06 • 44:26 Md. R. 1229 (12-22-17)

10.15.02.01,.02,.05,.07—.15 • 44:24 Md. R. 1155 (11-27-17)

10.22.17.06—.08 • 44:20 Md. R. 954 (9-29-17)

10.22.18.04 • 44:20 Md. R. 954 (9-29-17)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.11.01 • 44:22 Md. R. 1046 (10-27-17) (ibr)

10.25.19.01—.08 • 44:26 Md. R. 1230 (12-22-17)

10.26.02.03 • 44:23 Md. R. 1103 (11-13-17)

10.27.01.02 • 44:23 Md. R. 1104 (11-13-17)

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

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

10.31.02.01 • 44:26 Md. R. 1233 (12-22-17)

10.32.03.07 • 44:26 Md. R. 1234 (12-22-17)

10.32.12.04 • 44:26 Md. R. 1225 (12-22-17)

10.32.23.01—.19 • 44:26 Md. R. 1225 (12-22-17)

10.34.34.05 • 44:22 Md. R. 1049 (10-27-17)

10.36.01.02,.08,.09 • 44:24 Md. R. 1157 (11-27-17)

 

     Subtitles 37—66 (5th Volume)

 

10.37.10.03,.03-1,.04-1,.04-2,.04-3,
     .11
• 44:22 Md. R. 1050 (10-27-17)

10.52.07.01—.05 • 44:23 Md. R. 1106 (11-13-17)

10.55.01.01—.07 • 44:26 Md. R. 1235 (12-22-17)

10.56.05.03 • 44:26 Md. R. 1233 (12-22-17)

10.57.03.02 • 44:23 Md. R. 1107 (11-13-17)

10.63.08.01—.14 • 44:23 Md. R. 1108 (11-13-17)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.27.01—.40 • 44:19 Md. R. 902 (9-15-17)

12.02.28.01—.20 • 44:23 Md. R. 1115 (11-13-17)

12.03.01.01—.35 • 44:19 Md. R. 902 (9-15-17)

12.12.30.01—.40 • 44:19 Md. R. 902 (9-15-17)

12.13.02.01—.07 • 44:24 Md. R. 1158 (11-27-17)

12.16.02.01—.40 • 44:19 Md. R. 902 (9-15-17)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.01—.04,.06,.07,.09,.09-1,.10,
     .12
• 44:24 Md. R. 1161 (11-27-17)

13A.06.07.01,.06—.08,.10 • 44:21 Md. R. 1010 (10-13-17)

13A.07.08.02—.04,.06 • 44:26 Md. R. 1235 (12-22-17)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.01.03,.21 • 44:26 Md. R. 1236 (12-22-17)

13B.02.02.03,.16 • 44:26 Md. R. 1236 (12-22-17)

13B.02.03.02,.02-1,.03,.06,.07,.10,.11,.13,.15,.22,
     .29
• 44:26 Md. R. 1236 (12-22-17)

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

 

14 INDEPENDENT AGENCIES

 

14.09.01.01,.03,.04 • 44:26 Md. R. 1242 (12-22-17)

14.09.02.02,.03 • 44:26 Md. R. 1242 (12-22-17)

14.09.02.04 • 44:26 Md. R. 1243 (12-22-17)

14.09.04.01—.03 • 44:26 Md. R. 1244 (12-22-17)

14.09.07.02,.07 • 44:26 Md. R. 1245 (12-22-17)

14.09.08.06 • 44:23 Md. R. 1123 (11-13-17)

14.09.10.02 • 44:26 Md. R. 1245 (12-22-17)

14.09.12.02,.03 • 44:26 Md. R. 1246 (12-22-17)

14.09.13.02,.04 • 44:26 Md. R. 1246 (12-22-17)

14.027.03.02 • 44:26 Md. R. 1247 (12-22-17)

14.29.03.06 • 44:24 Md. R. 1163 (11-27-17)

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

 

15.01.12.01—.07 • 44:20 Md. R. 965 (9-29-17)

 

17 DEPARTMENT OF BUDGET AND MANAGEMENT

 

17.04.13.01,.03 • 44:25 Md. R. 1187 (12-8-17)

 

20 PUBLIC SERVICE COMMISSION

 

20.90.01 • 44:26 Md. R. 1247 (12-22-17)

20.90.01.19 • 44:22 Md. R. 1054 (10-27-17)

20.90.02.02,.04,.06,.08,.10,.16,.18,
     .23
• 44:26 Md. R. 1248 (12-22-17)

20.90.03.01—.18 • 44:26 Md. R. 1250 (12-22-17)

20.95.01.03,.11,.22—.24,.26 • 44:22 Md. R. 1056 (10-27-17)

 

23 BOARD OF PUBLIC WORKS

 

23.03.02.05 • 44:25 Md. R. 1188 (12-8-17)

 

24 DEPARTMENT OF COMMERCE

 

24.05.21.12 • 44:26 Md. R. 1250 (12-22-17)

 

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)

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

26.08.11.01—.14 • 44:25 Md. R. 1189 (12-8-17)

26.09.01.02 • 44:23 Md. R. 1124 (11-13-17)

26.09.02.08,.09 • 44:23 Md. R. 1124 (11-13-17)

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)

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

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

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.01.01 • 44:26 Md. R. 1251 (12-22-17)

27.01.11.04 • 44:26 Md. R. 1251 (12-22-17)

27.01.13.01—.07 • 44:26 Md. R. 1251 (12-22-17)

27.02.01.01 • 44:26 Md. R. 1251 (12-22-17)

27.03.01.02 • 44:26 Md. R. 1251 (12-22-17)

 

29 DEPARTMENT OF STATE POLICE

 

29.06.05.02,.04 • 44:26 Md. R. 1254 (12-22-17)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 44:22 Md. R. 1059 (10-27-17) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.05.09,.15 • 44:20 Md. R. 967 (9-29-17)

 

33 STATE BOARD OF ELECTIONS

 

33.12.02.07 • 44:23 Md. R. 1127 (11-13-17)

33.13.02.02 • 44:23 Md. R. 1127 (11-13-17)

33.13.08.02,.08 • 44:23 Md. R. 1127 (11-13-17)

33.13.09.02,.06—.08 • 44:23 Md. R. 1127 (11-13-17)

33.13.14.04—.06 • 44:23 Md. R. 1127 (11-13-17)

33.13.15.08—.12 • 44:23 Md. R. 1127 (11-13-17)

33.13.16.03 • 44:23 Md. R. 1127 (11-13-17)

33.14.02.10 • 44:23 Md. R. 1127 (11-13-17)

33.20.08.01,.02 • 44:23 Md. R. 1127 (11-13-17)

 

 

34 DEPARTMENT OF PLANNING

 

34.04.07.02,.05 • 44:25 Md. R. 1195 (12-8-17)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.07.02—.06,.08 • 44:26 Md. R. 1254 (12-22-17)

 

 

The Governor

EXECUTIVE ORDER 01.01.2017.30

Governor’s Council on Gangs and Violent Criminal Networks

 

WHEREAS, Gangs and violent criminal networks are involved throughout the State in distribution of illegal drugs, the use of firearms in crimes of violence, human trafficking and other inherently violent criminal enterprises;

 

WHEREAS, Data sharing among appropriate State agencies will provide better coordination and efficiencies in the fight against gangs and violent criminal networks;

 

 WHEREAS, Data sharing is a critical part of fighting crime;

 

WHEREAS, The State is relying on timely and accurate data to inform decision making;

 

WHEREAS, There is a variety of disparate data spread among various executive branch units, with insufficient sharing of the data and information among the units; and

 

WHEREAS, Public safety will improve if there is a free flow of data among units of State government.

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, DO HEREBY ORDER THE FOLLOWING, EFFECTIVE IMMEDIATELY:

A. Governor’s Council on Gangs and Violent Criminal Networks.

(1) There is a Governor’s Council on Gangs and Violent Criminal Networks.

(2) The Council consists of the following members:

(a) six State’s Attorneys, appointed by the Governor;

(b) the Governor or the Governor’s designee;

(c) the Secretary of the Maryland State Police;

(d) the Secretary of the Department of Public Safety & Correctional Services;

(e) two police chiefs of a county or Baltimore City, appointed by the Governor;

(f) the police chief of a municipal police department, appointed by the Governor;

(g) two sheriffs, appointed by the Governor; and

(h) the U.S. Attorney for the District of Maryland.

(3)  To the extent practicable, in making appointments the Governor shall ensure geographic diversity among the membership of the Council.

(4) (a) The appointed members shall serve terms of two years.

(b) The terms of the initial appointed members shall expire as follows:

(i) five members on December 31, 2018; and

(ii) six members on December 31, 2019.

(c) An appointed member is eligible for reappointment.

(d) At the end of a term, an appointed member continues to serve until the member is reappointed or a successor is appointed.

(e) A member who is appointed or reappointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.

(f) Any member appointed to the Council by the Governor shall serve on the Council at the Governor’s pleasure.

(5) The Governor shall appoint a Chair, who shall serve for one year, or until the Governor appoints a successor, whichever is later.

(6) (a) A quorum of the Council consists of five members. 

(b) The Council shall meet at least four times a year. 

(c) A member of the Council:

(i) may not receive compensation for service on the Council; but

(ii) is entitled to reimbursement for expenses under the standard State travel regulations, as provided in the State budget.

(7) The Council shall:

(a) provide leadership, policy oversight and the coordination of operational strategies to collect and share relevant data related to violent crime and victimization; and

(b) provide support and assistance to programs and entities focused on identifying, disrupting and dismantling gangs and violent criminal networks through collaboration and comprehensive data sharing, both locally and statewide, with the ultimate goal of providing the information necessary to prosecutors for the development of gang-related and racketeer influenced and corrupt organizations charges;

(c) establish performance measures for successful data sharing and reporting for producing measurable results.

(8) On or before November 1, 2018, and annually thereafter, the Council shall report to the Governor.

(9) The Governor’s Office of Crime Control and Prevention shall provide staff for the Council.

B. Data — Investigations and Public Safety.

(1) The investigative components of the Departments of Public Safety and Correctional Services, State Police, Juvenile Services, Transportation, Natural Resources, General Services, Labor, Licensing, and Regulation, and Health shall adopt a data system that will alert agencies of common targets and common investigation locations.

(2) The Governor’s Office of Crime Control and Prevention shall coordinate efforts to establish and make operational the data system described in paragraph (1) of this subsection.

(3) The Maryland State Police or an entity designated by the Maryland State Police shall be responsible for maintaining and operating the data system described in paragraph (1) of this subsection.

(4) The data system shall be available to the units of State government specified in paragraph (1) of this subsection and other such units as approved by the data owning unit(s) of State government.

(5) The centralized data system shall be fully operational within 12 months following the date of this Executive Order.

C. Data — Reports and Studies.

The Governor’s Office of Crime Control and Prevention is authorized to make requests to the Departments of Public Safety and Correctional Services, State Police, Juvenile Services, Transportation, Natural Resources, General Services, and Health for individual record level data and aggregate data, both without personally identifiable information, in order to develop data driven policy recommendations and prepare reports and respond to requests by the Governor and other units of State government. The requested data may include information related to crime and crime reporting, traffic stops, deaths related to law enforcement and public safety activities, adult and juvenile arrests and prosecutions, use of criminal citations, diversion programs, domestic violence, victims, gangs and criminal networks, terrorist groups, interrogation rooms, DNA and other scientific evidence, seizures and forfeitures, warrant intercepts, sentencing, prison population, prison demographics, recidivism, community supervision, programs for inmates and former inmates on community supervision, parole and release information, alternatives to incarceration, substance use disorder and mental health programs related to criminal proceedings, overdose information, and decedent data. ll units of State government that receive such requests shall fully cooperate so that data is provided in a timely and efficient manner.  Data collected pursuant to this Paragraph shall be kept available for the centralized data system and shall be updated at least quarterly without request.

D. Limitations to Data

(1) This Executive Order shall only apply to any data that:

(a) pertains to crime, criminal offenders, or criminal activity;

(b) pertains to law enforcement activity related to crime, criminal offenders, or criminal activity;

(c) is used to conduct criminal investigations; or

(d) is used for the case management of criminal offenders.

(2) All data sharing under this Executive Order shall comply with all legal restrictions regarding such sharing.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland in the City of Baltimore, this 5th day of December, 2017.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[17-26-26]

 

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated December 6, 2017, PHILLIP GEORGE DANTES, 3916 Ednor Road, Baltimore, Maryland 21218, has been placed on inactive status by consent, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

[17-26-14]

 

 

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

Notice of Final Action

[17-265-F]

On December 12, 2017, the Secretary of Natural Resources adopted:

(1) Amendments to Regulation .07 under COMAR 08.02.03 Crabs;

(2) The repeal of Regulation .01 and amendments to Regulations .02 and .07 under COMAR 08.02.05 Fish;

(3) Amendments to Regulations .04 and .07 under COMAR 08.02.15 Striped Bass; and

(4) The repeal of existing Regulation .04 and new Regulations .04—.07 under COMAR 08.02.25 Gear.

This action, which was proposed for adoption in 44:22 Md. R. 1039-1043 (October 27, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Final Action

[17-259-F]

On December 12, 2017, the Secretary of Health adopted amendments to:

(1) Regulations .04, .05, and .07 under COMAR 10.09.04 Home Health Services;

(2) Regulations .04, .05, and .07 under COMAR 10.09.09 Medical Laboratories;

(3) Regulations .04, .05, and .07 under COMAR 10.09.53 Early and Periodic Screening, Diagnosis, and Treatment: Nursing Services for Individuals Younger than 21 Years Old;

(4) Regulations .04, .05, and .07 under COMAR 10.09.87 Free-Standing Independent Diagnostic Testing Facilities; and

(5) Regulations .04, .05, and .07 under COMAR 10.09.88 Portable X-ray Providers.

This action, which was proposed for adoption in 44:22 Md. R. 1043—1044 (October 27, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.10 Nursing Facility Services

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

Notice of Final Action

[17-257-F]

On December 5, 2017, the Secretary of Health adopted amendments to Regulations .07-1 and .07-2 under COMAR 10.09.10 Nursing Facility Services. This action, which was proposed for adoption in 44:21 Md. R. 1001 (October 13, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.12 Disposable Medical Supplies and Durable Medical Equipment

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and 15-129, Annotated Code of Maryland

Notice of Final Action

[17-243-F]

On December 12, 2017, the Secretary of Health adopted amendments to Regulations .03—.05 and .07 under COMAR 10.09.12 Disposable Medical Supplies and Durable Medical Equipment. This action, which was proposed for adoption in 44:20 Md. R. 952—953 (September 29, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.33 Health Homes

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

Notice of Final Action

[17-256-F]

On December 5, 2017, the Secretary of Health adopted amendments to Regulation .09 under COMAR 10.09.33 Health Homes. This action, which was proposed for adoption in 44:21 Md. R. 1002 (October 13, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.36 General Medical Assistance Provider Participation Criteria

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

Notice of Final Action

[17-242-F]

On December 1, 2017, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.09.36 General Medical Assistance Provider Participation Criteria. This action, which was proposed for adoption in 44:20 Md. R. 953 (September 29, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.80 Community-based Substance Use Disorder Services

Authority: Health-General Article, §§2-104(b), 8-204(c)(1), 15-103(a)(1), and 15-105(b), Annotated Code of Maryland

Notice of Final Action

[17-255-F]

On December 5, 2017, the Secretary of Health adopted amendments to Regulation .08 under COMAR 10.09.80 Community-based Substance Use Disorder Services. This action, which was proposed for adoption in 44:21 Md. R. 1003-1004 (October 13, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.96 Remote Patient Monitoring

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

Notice of Final Action

[17-254-F]

On December 12, 2017, the Secretary of Health adopted new Regulations .01—.13 under a new chapter, COMAR 10.09.96 Remote Patient Monitoring.  This action, which was proposed for adoption in 44:21 Md. R. 1006—1008 (October 13, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.13 Physician Licensure by Conceded Eminence

Authority: Health Occupations Article, §§14-205 and 14-307—14-319, Annotated Code of Maryland

Notice of Final Action

[17-214-F]

On December 12, 2017, the Secretary of Health adopted amendments to Regulations .02—.04, .06, and .08 under COMAR 10.32.13 Physician Licensure by Conceded Eminence. This action, which was proposed for adoption in 44:22 Md. R. 1047—1049 (October 27, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.22 Mandated Reporting to the Board

Authority: Health Occupations Article, §§14-205(a)(2), 14-413, 14-414,
14-5A-18, 14-5B-15, 14-5C-18, 14-5E-18, 14-5F-19, and 15-103, Annotated Code of Maryland

Notice of Final Action

[17-213-F]

On December 1, 2017, the Secretary of Health adopted amendments to Regulations .02, .03, and .05 under COMAR 10.32.22 Mandated Reporting to the Board. This action, which was proposed for adoption in 44:21 Md. R. 1008—1009 (October 13, 2017), has been adopted as proposed.

Effective Date: January 1, 2018.

DENNIS SCHRADER
Secretary of Health

 

Proposed Action on Regulations

 


Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 06 HOUSING INSURANCE

Notice of Proposed Action

[17-195-P]

The Secretary of Housing and Community Development proposes to:

(1) Amend Regulation .04 under COMAR 05.06.01 Maryland Housing Fund—Multifamily Program;

(2) Amend Regulation .04 under COMAR 05.06.06 Single Family Insurance Program; and

(3) Adopt new Regulations .01—.09 under a new chapter, COMAR 05.06.09 Business Reserve Insurance.

Statement of Purpose

The purpose of this action is to prescribe the policies, procedures, and authorization for the issuance of mortgage insurance and credit enhancement by the Maryland Housing Fund for business project loans. In addition, this action establishes the business insurance reserve to enable the Maryland Housing Fund to issue a broader range of mortgage insurance.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will make it possible for the Maryland Housing Fund to offer more types of loan insurance products for public and private lenders than are currently permitted under the existing regulatory insurance reserves. The Maryland Housing Fund's current ability to issue insurance is limited to housing loans because existing reserves are specific to the types of loans that can be insured, and various agreements with the Community Development Administration and its mortgage revenue bondholders place limits on the insurance. Recent statutory changes in 2016 expanded the Maryland Housing Fund’s ability to provide insurance for business project loans. New products may include insurance for business owners who lack resources or are otherwise not able to obtain a competitive interest rate when starting or expanding a business. These additional products will allow new and existing businesses new opportunities by providing access to competitive loans that they might not be able to obtain from the existing private market or the US Small Business Administration.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(R+)

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:

(+)

Indeterminable

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

A. The Maryland Housing Fund will receive revenue from the premiums charged for mortgage insurance. The number of and amounts of the loans that will be insured are indeterminable. The Maryland Housing Fund will incur some minor administrative costs, but these costs will be less than the revenue generated. Administrative costs are already budgeted. No additional costs will be incurred administratively because of these regulations.

D. Private lenders should benefit from the proposed regulations because additional businesses may be eligible for loans insured by the Maryland Housing Fund. The actual amount of the increase in loans made by private lenders is indeterminable.

F. The proposed regulations are expected to result in additional types of mortgage insurance products available for business projects that are not currently being served. The proposed regulations are expected to result in an increase in business projects and growth by expanding the availability of loans. The actual increase is indeterminable.

Economic Impact on Small Businesses

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

The proposed action will have a positive economic impact on small businesses by expanding the availability of capital that is needed for the establishment and expansion of 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 Allen Cartwright, Director, Division of Credit Assurance, Department of Housing and Community Development, 7800 Harkins Road, Lanham, Maryland 20706, or call 301-429-7629, or email to allen.cartwright@maryland.gov. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

 

05.06.01 Maryland Housing Fund — Multifamily Program

Authority: Housing and Community Development Article, Title 3, Subtitle 2, Annotated Code of Maryland

.04 Reserves.

A. Types of Reserves. Insurance issued by the Fund is backed by an insurance reserve. There currently exist [six] seven separate reserves, one for multifamily insurance, three for single family insurance, one for general use, one for business insurance, and an unallocated reserve for moneys not yet transferred to a specific reserve. More specifically, separate reserve funds have been established to back the following categories of insurance:

(1)—(4) (text unchanged)

(5) General reserve insurance; [and]

(6) Business reserve insurance; and

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

B. (text unchanged)

C. Earnings on Reserves. Investment earnings on each of the [five] seven reserves which are retained by the Fund are credited to the unallocated reserve. The moneys in the unallocated reserve may be:

(1)—(4) (text unchanged)

D. (text unchanged)

 

05.06.06 Single Family Insurance Program

Authority: Housing and Community Development Article, Title 3, Subtitle 2, Annotated Code of Maryland

.04 Reserves.

A. Types of Reserves.

(1) (text unchanged)

(2) There currently exist the following [six] seven separate reserves:

(a)—(b) (text unchanged)

(c) One for general reserve insurance; [and]

(d) One for business reserve insurance; and

[(d)] (e) (text unchanged) 

(3) (text unchanged)

B. (text unchanged)

C. Earnings on the Reserves. All investment earnings on each of the [five] seven reserves which are retained by the Fund are credited to the unallocated reserve. The moneys in the unallocated reserve may be:

(1)—(4) (text unchanged)

D. (text unchanged)

 

05.06.09 Business Reserve Insurance

Authority: Housing and Community Development Article3-207(a), Annotated Code of Maryland

.01 General.

These regulations set forth the policies, procedures, and authorization for issuance of loan insurance and credit enhancement under the business reserve established in COMAR 05.06.01.04A and 05.06.06.04A.

.02 Definitions.

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

B. Terms Defined.

(1) “Act” means Housing and Community Development Article, Title 3, Subtitle 2, Annotated Code of Maryland, as amended.

(2) Business Project.

(a) “Business project” means a project located in an area designated as a priority funding area under §5-7B-02 of the State Finance and Procurement Article.

(b) “Business project” means a project that is:

(i) Acquired, owned, developed, constructed, reconstructed, rehabilitated, or improved by a person or an entity for the purposes of carrying on a business whether or not for profit; or

 (ii) Eligible for funding from the Neighborhood Business Development Fund under Housing and Community Development Article, §6-310, Annotated Code of Maryland.

(3) “Department” means the Department of Housing and Community Development.

(4) “Fund” means the Maryland Housing Fund, and, when appropriate, its authorized officers or personnel.

(5) Mortgage.

(a) “Mortgage” means a written instrument evidencing or creating a lien against real property to provide collateral to secure the repayment of a debt.

(b) “Mortgage” includes a deed of trust.

(6) Nonprofit Entity.

(a) “Nonprofit entity” means any organization exempt from taxation under the Internal Revenue Code of the United States, 26 U.S.C. §501(c).

(b) “Nonprofit entity” includes local development agencies and local development corporations, as defined in Housing and Community Development Article, §4-201, Annotated Code of Maryland, and organizations exempt by reason of a charitable or public purpose.

(c) “Nonprofit entity” does not include limited dividend corporations or partnerships.

(7) “Secretary” means the Secretary of Housing and Community Development or the Secretary's designee.

.03 Eligible Property.

A. Real property financed by loans insured by the Fund shall:

(1) Have clear and merchantable title acceptable to the Fund;

(2) Conform to all applicable federal, State, and local building, zoning, environmental, health, and housing codes;

(3)  Be insured with hazard insurance issued by a company that is approved by the State Insurance Commissioner and, when applicable, flood insurance;

(4) Have an appraised value that is satisfactory to the Fund;

(5) Be secured by a lien against the mortgaged property or other collateral acceptable to the Fund; and

(6)  Meet any other standards of the Fund.

B. Personal property financed by loans insured by the Fund shall:

(1) Have clear and merchantable title acceptable to the Fund;

(2) Have an appraised value that is satisfactory to the Fund;

(3) Be secured by a lien against real property, personal property or other collateral acceptable to the Fund; and

(4) Meet any other standards of the Fund.

C.  Loan to business project for credit, operating costs and administrative costs insured by the Fund shall:

(1) Be secured by a lien against real property, personal property or other collateral acceptable to the Fund; and

(2) Meet any other standards of the Fund.

.04 Eligible Borrower.

A. A borrower may be an individual, partnership, or any other type of legal entity.

B. A borrower shall establish, to the satisfaction of the Fund, the capacity to meet the financial obligations of the loan.

C. A borrower shall have maintained a credit standing and history of financial management that is acceptable to the Fund.

.05 Eligible Lenders.

A. The Department, or any agency of the Department, is an eligible lender approved for insurance issued by the Fund under this chapter.

B. All other lenders shall meet the eligibility requirements of §C or D of this regulation in order to be approved for insurance issued by the Fund.

C. The Fund may approve a lender that is authorized to conduct business in Maryland and that executes a certification that it is:

(1) A financial institution that has accounts insured by any agency of the United States; or

(2) An institutional lender approved under a federal mortgage or business loan insurance agency.

D. Any for-profit entity, nonprofit entity, or public agency that, in the opinion of the Fund, has as a primary or substantial function of its operation, the making of business project loans, may be approved if it:

(1) Presents evidence satisfactory to the Fund of:

(a) Responsibility;

(b) Financial adequacy; 

(c) Requisite administrative, technical, and loan servicing capabilities; and

(2) Submits an application and all supporting documentation that the Fund may require.

.06 Insurance.

A. Application. A lender shall submit an application, in the form prescribed by the Fund, which shall contain a complete credit package and any other documentation required by the Fund.

B. Underwriting and Appraisal. An application for insurance received from an approved lender may be subject to underwriting and appraisal review in accordance with the requirements of the Fund.

C. Scope of Insurance Coverage.

(1) Insurance coverage is limited to economic loss due to a monetary default and does not include loss due to casualty or title risk.

(2) Expenses incurred for property repair or replacement resulting from casualty loss, including losses due to negligence, flood, fire, termites, vandalism, theft, and defective construction, are not eligible for coverage.

(3) Expenses incurred by the lender in the preservation and normal maintenance of an insured property may be covered in accordance with the terms and conditions of the applicable insurance policy governing the insured loan.

D. Insurance on business project loans may be offered in the following forms:

(1) Mortgage or loan insurance;

(2) Credit enhancement;

(3) Loan guaranty; or

(4) Other type of insurance as approved by the Fund covering economic loss due to monetary default.

E. The Fund may offer insurance on loans that are within a pool of loans as described in the applicable insurance policy.

F. The Fund may enter into reinsurance, coinsurance, and risk-sharing arrangements with other insurers and lenders, as approved by the Secretary.

G. To maintain insurance coverage on an existing loan, the following transactions require prior approval of the Fund on terms and conditions acceptable to the Fund:

(1) A transfer of any interest in the secured property;

(2) An assignment of the insured loan;

(3) An assumption of an insured loan; or

(4) Any change or modification of the terms of the insured loan.

.07 Premiums.

A. Premiums for insurance shall be determined by the Fund from time to time for various programs and types of insurance.

B. Premiums may be set at different levels for different categories of loans and loan programs depending on the risk factors, which may include the:

(1) Depth of insurance coverage;

(2) Length of loan term;

(3) Financial capability of the borrower;

(4) Credit rating of the borrower; and

(5) Condition and type of collateral securing loan.

C. The Fund shall maintain a publicly available premium rate sheet with a stated effective date for the premiums.

.08 Default Procedures.

A. The insured lender shall follow the procedures contained in the insurance policy or agreement upon default of an insured mortgage.

B. The Fund may require a lender at any time to assign a delinquent loan to the Fund and file a claim in the full amount of the insurance.

C. The right of the Fund to pursue a borrower for deficiency or loss exists in every case to the extent allowed by law and may be enforced at the discretion of the Fund.

D. The Fund may refuse payment of a claim on the basis of fraud, misrepresentation, or material error or omission with respect to any claim.

.09 General Provisions.

A. Waiver. The Secretary may waive or vary particular provisions of this chapter to the extent that the waiver is not inconsistent with the Act or with agreements to which the Fund may be subject if:

(1) Conformance to the requirements of any federal, State, or local program in connection with a loan necessitates a waiver or variance of a regulation; or

(2) In the written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purposes of the Act.

B. Reconsideration.

(1) An applicant or a lender may request reconsideration of a Fund decision that a loan or claim is not eligible under this chapter by submitting a written request to the Secretary within 30 days following the date of the Fund's written decision. The request for reconsideration shall address each reason for the decision and provide documentation that supports reasons for reconsideration of the issues. The Secretary shall respond in writing to the request for reconsideration within 30 days of receiving the request.

(2) An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02.

(3) The Secretary, in the Secretary's sole discretion, may delegate to an authorized officer of the Department the authority to approve, disapprove, or approve with modifications a request for reconsideration of a determination of ineligibility.

C. False Statements. A borrower or lender who knowingly makes, or causes to be made, a false statement or report, whether in the nature of an understatement or overstatement of financial condition or any other fact material to the Department's action, is subject to cancellation of insurance, in addition to the criminal penalties authorized by the Act.

D. Delegation. The Secretary may delegate to the Director of the Fund or to any other official or employee of the Department or the Fund the authority to execute or approve any insurance documents or Fund certificates.

KENNETH C. HOLT
Secretary of Housing and Community Development

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.08 Shellfish — General

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

Notice of Proposed Action

[17-310-P]

The Secretary of Natural Resources proposes to amend Regulation .06 under COMAR 08.02.08 Shellfish — General.

Statement of Purpose

The purpose of this action is to amend commercial management measures for Jonah Crab (Cancer borealis). The proposed changes are in response to Addendum II to the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crab. The Atlantic States Marine Fisheries Commission (ASMFC) coordinates the interstate management of Jonah crab (Cancer borealis) in state waters (from 03 miles offshore). Jonah crabs are managed through an Interstate Fishery Management Plan, which was approved in August 2015 under the authority of the Atlantic Coastal Fisheries Cooperative Management Act (1993). The Atlantic States Marine Fisheries Commission makes changes to the fishery management plan based on the current status of the stock, biology, fishery, and economic and management considerations.

Addendum II to the fishery management plan develops a coastwide standard for claw harvest and establishes requirements for the bycatch fishery. Claw harvest is permitted coastwide so there is no longer a need for a separate claw permit. The propose action removes the claw landing permit. Addendum II also allows fishermen to remove claws at sea, but establishes a minimum size for harvests of over 5 gallons. The proposed action establishes the limits. If the claws are removed at sea and the volume of claws landed is greater than 5 gallons, the minimum claw length is 2-3/4 inches, measured from the elbow to the tip of the bottom claw. If the volume of claws landed is less than 5 gallons or if the claws are removed after landing, there is no minimum size. The reason for the minimum length is to ensure that the harvest of female crab claws will be minimal. Female Jonah crabs are smaller than males and the minimum claw length provides assurance that the claws will be taken from male crabs.

In order to reflect the intention of the bycatch limit, to account for Jonah crabs caught while targeting another species, Addendum II requires the total pounds of Jonah crabs caught as bycatch to weigh less than the total amount of the targeted species at all times during a fishing trip. The proposed action combines the catch limits of harvesting from gear other than a federally tagged lobster trap with the new weight requirement.

Fishermen may still harvest whole Jonah crabs which meet the 4.75” minimum carapace width requirement and there are no changes to the limits for harvesting Jonah crabs with a federally tagged lobster trap.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will positively impact the commercial fishery.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Removal of claw permit

(+)

Indeterminable

(2) Claw size limits

NONE

(3) Bycatch requirement

NONE

(4) Commercial industry

(+)

$150,000 or more per year

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

 

 

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

D(1). There is no longer a claw permit so more harvesters have the ability to harvest claws. Only those who met certain harvest criteria were eligible to harvest claws prior to the proposed action. The actual impact is indeterminable because it is unknown how many harvesters who are currently prohibited from landing claws will land claws in the future.

D(2). Maryland fisherman typically harvest Jonah crabs greater than 5.5 inches which have claws that are about 3 inches or greater. Therefore, the minimum size requirements for harvesting amounts of claws greater than five gallons will have minimal to no economic impact for harvesters.

D(3). Addendum II requires that Jonah crabs harvested with gear other than a federally tagged lobster trap must weigh less at all times during the trip than the targeted species. The actual impact of this action is indeterminable, but based on harvest records, the bycatch requirement will not likely impact many Maryland harvesters (less than 5). The harvesters that could potentially be impacted target whelk and they will likely have whelk catch on board that outweighs the Jonah crabs.

D(4). Fishing vessels and seafood distributors engaged in the commercial harvesting and marketing of Jonah crab produce expenditures and generate employment in the course of business activities. Maryland participants generally exceed the management measures. Compliance with the plan should protect the market and allow for sustainability in the future. A finding by the Atlantic States Marine Fisheries Commission that Maryland is not in compliance with the fishery management plan could result in the fishery being shut down and the loss of revenue estimated at $150,000, not including indirect costs (e.g. bait, ice, fuel).

Economic Impact on Small Businesses

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

Please see the assumptions in types of impact section.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jonah Crab Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

.06 Jonah Crabs.

A.—B. (text unchanged)

C. Commercial Fishery.

(1)—(2) (text unchanged)

(3) A person may not remove the claws of a Jonah crab:

(a) Which is egg-bearing or from which eggs have been intentionally removed; or

(b) Measuring less than 4-3/4 inches in width, measured at the widest part of the carapace (body shell).

(4) A person who removes the claws of a Jonah crab at sea may harvest:

(a) Up to 5 gallons of claws of any size per trip; or

(b) More than 5 gallons of claws per trip, if all claws harvested are a minimum of 2-3/4 inches in length, measured on the bottom of the claw, from the joint to the lower tip of the claw.

[(3)] (5) Maryland Jonah Crab Landing Permits.

(a) (text unchanged)

[(b) An individual is eligible to declare for a permit to catch and land Jonah crab claws in Maryland if they are properly licensed in accordance with Natural Resources Article, §4-701, Annotated Code of Maryland, and if the licensee can provide proof that they participated in the Jonah crab fishery prior to June 2, 2015.]

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

[(4) Proof of eligibility for a landing permit as required in §C(3)(b) of this regulation shall be documented by records of the Department or records of the National Marine Fisheries Service.]

[(5)] (6) Catch Limits.

(a) (text unchanged)

[(b) An individual who is not in possession of a Maryland Jonah crab claw landing permit may land only whole Jonah crabs in Maryland.]

[(c)] (b) An individual may land an unlimited number of Jonah crab claws and whole Jonah crabs per vessel per trip if the individual:

(i) (text unchanged)

(ii) Is in possession of a valid federal lobster permit issued by the National Marine Fisheries Service; and

(iii) Is in possession of a valid Maryland Jonah crab landing permit[; and

(iv) Is in possession of a valid Maryland Jonah crab claw landing permit].

[(d) An individual may land an unlimited number of whole Jonah crabs per vessel per trip if the individual:

(i) Harvests Jonah crabs from a federally tagged lobster trap;

(ii) Is in possession of a valid federal lobster permit issued by the National Marine Fisheries Service; and

(iii) Is in possession of a valid Maryland Jonah crab landing permit.

(e) An individual who harvests Jonah crabs from fishing gear other than a federally tagged lobster trap and is in possession of valid Maryland Jonah crab and Jonah crab claw landing permits may not land more than 2,000 Jonah crab claws per vessel per trip, regardless of whether or not the claws are attached to the Jonah crab.

(f) An individual who harvests Jonah crabs from fishing gear other than a federally tagged lobster trap and is in possession of a valid Maryland Jonah crab landing permit may not land more than 1,000 whole Jonah crabs per vessel per trip.]

(c) An individual may harvest Jonah crabs from gear other than a federally tagged lobster trap only if the:

(i) Individual is in possession of a valid Maryland Jonah crab landing permit;

(ii) Individual harvests fish species in addition to Jonah crabs during the same trip; and

(iii) Total weight, in pounds, of the other fish species harvested is greater than that of the Jonah crabs, at all times.

(d) An individual who harvests Jonah crabs from fishing gear other than a federally tagged lobster trap may not land more than:

(i) 1,000 whole Jonah crabs per vessel per trip; or

(ii) 2,000 Jonah crab claws per vessel per trip, regardless of whether or not the claws are attached to the Jonah crab.

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

D. (text unchanged)

E. General.

(1) The Secretary may establish or modify catch limits or seasons for Jonah crabs in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Jonah Crabs, by issuing a public notice on the [Fisheries Service] Department’s website.

(2) The public notice shall state its effective hour and date and shall be published on the [Fisheries Service] Department’s website at least 48 hours in advance of the effective hour and date.

(3)—(4) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 03 WILDLIFE

08.03.10 General Wildlife Hunting Regulations

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

Notice of Proposed Action

[17-186-P]

The Secretary of Natural Resources proposes to amend Regulations .02, .14, and .15 under COMAR 08.03.10 General Wildlife Hunting Regulations.

Statement of Purpose

The purpose of this action is to amend certain regulations to comply with federal regulations for migratory birds or to comply with legislation recently enacted by the General Assembly. Changes to Regulation .02 will remove the provision to allow the use of recorded bird calls when hunting resident Canada geese and clarifies that the use of recorded bird calls for snow geese is allowed only during the Light Goose Conservation Order season. Changes to Regulation .14 are intended to comply with legislation passed during the 2017 General Assembly. The regulation change removes the exemption from wearing fluorescent orange clothing for a person hunting certain wildlife on that person’s property. A change to Regulation .15 corrects the citation number to a federal regulation.

Comparison to Federal Standards

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

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Peter Jayne, Associate Director, Wildlife and Heritage Service, Department of Natural Resources, P.O. Box 68, Wye Mills, MD 21679, or call 410-827-8612, or email to peter.jayne@maryland.gov, or fax to 410-827-5186. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

.02 Recorded Bird or Animal Calls.

A. (text unchanged)

B. The restrictions in §A do not apply to the hunting of snow geese during the Light Goose Conservation Order season [and resident Canada geese] if these methods are permitted in Maryland according to a Final Rule adopted by the Department of the Interior, U.S. Fish and Wildlife Service, as published in the Federal Register pursuant to 50 CFR [20] 21.

.14 Hunting from a Ground Blind.

A.–B. (text unchanged)

C. This regulation does not apply to any person who:

[(1) Hunts any wildlife on the person's property with or without a hunter's license;]

[(2)] (1)—[(4)] (3) (text unchanged)

D. (text unchanged)

.15 Snow Goose Conservation Hunt Permit and Validation.

A. Before an individual may hunt light geese (greater and lesser snow geese or Ross's geese) during the Light Goose Conservation Season established by the U.S. Fish and Wildlife Service pursuant to 50 CFR [20] 21, an individual shall obtain a Snow Goose Conservation Hunt Permit in addition to any other required licenses or stamps.

B.—D. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 06 DISEASES

10.06.07 Sexually Transmitted Infections — Expedited Partner Therapy for Chlamydia [and], Gonorrhea, and Trichomoniasis

Authority: Health-General Article, §§2-104(b), 18-102, 18-201, 18-202, and 18-214.1, Annotated Code of Maryland

Notice of Proposed Action

[17-298-P]

     The Secretary of Health proposes to amend Regulations .01, .02, .05, and .06 and adopt new Regulation .04-1 under COMAR 10.06.07 Sexually Transmitted Infections — Expedited Partner Therapy for Chlamydia, Gonorrhea, and Trichomoniasis.

Statement of Purpose

The purpose of this action is to add trichomoniasis to the diseases covered under expedited partner therapy and to clarify that pharmacists are authorized to dispense expedited partner therapy per Ch. 822 (SB 110), Acts of 2017, Public Health — Expedited Partner Therapy — Trichomoniasis and Pharmacist Dispensing.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This proposal may have a minimal economic impact on Maryland Medicaid if individuals enrolled in Maryland Medicaid are prescribed and dispensed expedited partner therapy for trichomoniasis and Maryland Medicaid pays for those prescriptions.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Indeterminate

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. Because the number of additional prescriptions for expedited partner therapy for trichomoniasis prescribed, dispensed, and paid for by Maryland Medicaid is likely be low, the impact on Maryland Medicaid is assumed to be minimal. The increase in the number of prescriptions that will be dispensed for expedited partner therapy is unknown. Therefore, the exact impact is indeterminate.

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 January 22, 2018. A public hearing has not been scheduled.

.01 Purpose and Scope.

A. The purpose of expedited partner therapy in Maryland is to:

(1) Provide antibiotic therapy to any partner of a patient diagnosed with chlamydia [or], gonorrhea, or trichomoniasis without a personal physical assessment of the partner, and without having a previous provider-patient relationship with the partner;

(2) Contain and stop the further spread of chlamydia [and], gonorrhea, and trichomoniasis; and

(3) (text unchanged)

B. (text unchanged)

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Antibiotic therapy” means the oral antibiotic treatment regimens [currently]:

(a) Currently recommended by the Centers for Disease Control and Prevention for the treatment of chlamydia and gonorrhea through expedited partner therapy[.]; and

(b) For the treatment of trichomoniasis through expedited partner therapy:

(i) In accordance with Regulation .05A of this chapter; and

(ii) As authorized by Health-General Article, §18-214.1, Annotated Code of Maryland.

(2) (text unchanged)

(3) “Expedited partner therapy (EPT)” means the prescribing or dispensing of antibiotic therapy to any partner of a patient diagnosed with chlamydia [or], gonorrhea, or trichomoniasis by certain health care providers without making a personal physical assessment of the partner, and without having a previous provider-patient relationship with the partner, in order to contain and stop the further spread of the infection and reduce the likelihood of reinfection in the diagnosed patient.

(4)—(5) (text unchanged)

.04-1 Pharmacists Authorized to Dispense EPT.

Notwithstanding any other provision of law, a pharmacist licensed under Health Occupations Article, Title 12, Annotated Code of Maryland, may dispense antibiotic therapy for EPT prescribed in accordance with Regulation .04 of this chapter.

.05 Prescribing and Dispensing EPT Medications.

A. Antibiotic therapy prescribed or dispensed for EPT shall be in accordance with treatment recommendations from the Centers for Disease Control and Prevention.

B. Prescribing.

(1) A separate prescription shall be issued for each partner[;].

(2) The designation “EPT” or “Expedited Partner Therapy” shall be included on the face of the prescription for each prescription issued[;].

(3) If the partner’s name is known, the prescription shall be issued in the partner’s name[;].

(4) If the partner’s name is unknown, the written designation “EPT” or “expedited partner therapy” shall be sufficient for the pharmacist to fill the prescription[; and].

(5) (text unchanged)

C. (text unchanged)

.06 Counseling and Educational Information Requirements.

A.—B. (text unchanged)

C. The educational information, that is available or comparable to that available on the Department’s website, shall include:

(1) (text unchanged)

(2) Information about chlamydia [and], gonorrhea, and trichomoniasis;

(3)—(5) (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.28 Applied Behavior Analysis Services

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

Notice of Proposed Action

[17-299-P]

     The Secretary of Health proposes to amend Regulations .01 and .04—.06 under COMAR 10.09.28 Applied Behavior Analysis Services.

Statement of Purpose

The purpose of this action is to amend the language to avoid duplication of services provided by other programs and to clarify Applied Behavior Analysis (ABA) payment procedures. The proposal also includes the following changes:

(1) The addition of remote supervision of behavioral technicians (BT), registered behavior technicians (RBT), and board certified assistant behavior analysts (BCaBA) who are providing direct ABA therapy services;

(2) Billing for treatment planning up to 4 hours a month;

(3) An increase in the rates of direct ABA services rendered by BTs and RBTs; and

(4) The possibility, if medically necessary, of ABA services being performed in a clinic- or center-based setting.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action will have a minimal economic impact; it will increase costs but stay within the ABA program’s current budget.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure
(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Minimal

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

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.)

A. and D. Since the ABA services are underutilized by the Medicaid participants eligible for them, the expenditures for the proposed changes are covered under the current ABA budget, and additional funds would not be necessary.

Economic Impact on Small Businesses

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

The goal of the proposed action is to increase the number of ABA providers rendering ABA services under the Maryland Medicaid program. Many of the providers that would be affected by the changes in the regulations are small businesses and would benefit from the intended changes.

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

The proposed changes have an impact on individuals with disabilities because the intended effect is to increase the number of ABA providers who participate in the ABA program, which serves children with Autism Spectrum Disorder.

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 January 22, 2018. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(12) (text unchanged)

(13) "Direct supervision" means the in-person monitoring of a BCaBA or an RBT, performed by a licensed psychologist, a licensed BCBA-D, or a licensed BCBA.

[(13)] (14)[(14)] (15) (text unchanged)

(16) "HIPAA" means the Health Insurance Portability and Accountability Act, a federal law enacted on August 21, 1996, whose purpose is to improve the efficiency and effectiveness of the health care system by standardizing the electronic exchange of administrative and financial data, provide security requirements for transmitted information, and protect the privacy of identifiable health information.

[(15)] (17)[(29)] (31) (text unchanged)

[(30)] (32) "Registered behavior technician (RBT)" means a paraprofessional who delivers ABA services that are provided to participants with ASD under the supervision of:

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

(33) "Remote access technology" means the use of HIPAA compliant technological methods to provide auditory and visual connection between a licensed psychologist, a licensed BCBA-D, or a licensed BCBA, who is not directly present, and a BCaBA or an RBT when services are being provided at the participant’s home.

(34) "Remote supervision" means the monitoring of a BCaBA or an RBT, performed via remote access technology by a licensed psychologist, a licensed BCBA-D, or a licensed BCBA.

[(31)] (35) (text unchanged)

.04 Covered Services.

A. (text unchanged)

B. The Program covers the following ABA services:

(1) ABA assessment, which is a comprehensive behavior assessment that:

(a) Is performed [face-to-face] in person with a participant and the participant’s parent or caregiver by:

(i)—(iii) (text unchanged)

(b)—(e) (text unchanged)

(2) (text unchanged)

(3) ABA exposure modified treatment which is [a face-to-face] an in-person service that:

(a)—(b) (text unchanged)

(c) Includes direct or remote supervision of the BCaBAs or RBTs eliciting behavioral effects or exposing the participant to specific environmental conditions and treatment; and

(d) (text unchanged)

(4) ABA group treatment which is [a face-to-face] an in-person service provided to a group of participants by:

(a) (text unchanged)

(b) A BCaBA or an RBT under the direction of a licensed psychologist, a licensed BCBA-D, or a licensed BCBA, utilizing a behavioral intervention protocol designed in advance by the psychologist, the BCBA-D, or the BCBA, who may or may not provide direct or remote supervision during the treatment;

(5) ABA modified treatment which is [a face-to-face] an in-person service provided to a participant by a licensed psychologist, a licensed BCBA-D, or a licensed BCBA who:

(a)—(b) (text unchanged)

(6) ABA multiple-family group training which is [a] behavior treatment guidance that:

(a) Is provided [face-to-face] in person with parents or caregivers of multiple participants without the presence of the participants by:

(i)—(iii) (text unchanged)

(b)—(c) (text unchanged)

(7) ABA parent training which is [a] behavior treatment guidance that:

(a) Is provided [face-to-face] in person with a participant’s parent or caregiver, with or without the presence of the participant by:

(i)—(iv) (text unchanged)

(b)—(c) (text unchanged)

(8) ABA reassessment which is a follow-up assessment that:

(a) Is performed [face-to-face] in person with a participant and a participant’s parent or caregiver every 180 days by:

(i)—(iii) (text unchanged)

(b)—(d) (text unchanged)

(9) ABA social skills group which is a service that is:

(a) Provided [face-to-face] in person to multiple participants by:

(i)—(iii) (text unchanged)

(b)—(c) (text unchanged)

(10) ABA supervision which is a clinical direction and oversight of a BCaBA or an RBT by a licensed psychologist, a licensed BCBA-D, or a licensed BCBA that:

(a) Requires the psychologist, the BCBA-D, or the BCBA to directly or remotely observe the BCaBA or the RBT administering ABA services to the participant, group of participants, parent, or caregiver; [and]

(b) Is performed on an ongoing basis, equal to at least 10 percent of the amount of hours that the BCaBA or the RBT is providing direct ABA services to the participant, or group of participants; and

(c) Is performed in person at least 25 percent of the time;

(11) ABA treatment which is [a face-to-face] an in-person service provided to a participant by:

(a) (text unchanged)

(b) A BCaBA or an RBT under the direction of a licensed psychologist, a licensed BCBA D, or a licensed BCBA utilizing a behavioral intervention designed in advance by the psychologist, the BCBA-D, or the BCBA, who may or may not provide direct or remote supervision during the treatment[.]; and

(12) ABA treatment planning which is an ongoing indirect service that:

(a) Is performed by a licensed psychologist, a licensed BCBA-D or a licensed BCBA; and

(b) Includes:

(i) Development and revision of the treatment plan and goals;

(ii) Data analysis; and

(iii) Real-time, direct communication and coordination with the participant’s other service providers.

C.—F. (text unchanged)

.05 Limitations.

A. (text unchanged)

B. ABA services shall be delivered in a home or community setting, including a clinic, when medically necessary.

C. The provider may not bill the Program for:

(1) Services that are:

(a) Provided in:

(i)—(v) (text unchanged)

(vi) A 24-hour, 365-day residential program funded with [non-Medicaid] federal, State, or local government funds; or

(vii) (text unchanged)

(b)—(e) (text unchanged)

(f) Rendered by mail[,] or telephone [, or otherwise not in person];

(2)—(8) (text unchanged)

D.—E. (text unchanged)

F. The provider shall obtain approval by the Department or its designee for remote supervision.

.06 Payment Procedures.

A. The provider shall follow all procedures in accordance with COMAR 10.09.36.

[A.] B. (text unchanged)

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

[D.] E. The Program shall pay for covered services [at the lesser of]:

(1) [The] At the lesser of the provider’s customary charge to the general public unless the services are free to the individuals not covered by Medicaid; or

(2) In accordance with [§H of this regulation] COMAR 10.09.36.06.

[E. The ABA provider shall submit a request for payment as set forth in COMAR 10.09.36.04A. F. The Program reserves the right to return to the ABA provider, before payment, all invoices that are not properly completed.

G. The Program may not make a direct payment to a participant.

H. Billing time limitations for claims submitted under this chapter are set forth in COMAR 10.09.36.06.]

[I.] F. Reimbursement for ABA services covered under this chapter is as follows:

(1)—(10) (text unchanged)

(11) ABA supervision at a rate of $55 per 30 minutes; [and]

(12) ABA treatment at a rate of:

(a)—(b) (text unchanged)

(c) [$20] $27.50 per 30 minutes when provided by an RBT[.]; and

(13) ABA treatment planning:

(a) At a rate of $55 per 30 minutes; and

(b) For a maximum of 4 hours per month.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.49 Telehealth Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-105.2(b), Annotated Code of Maryland; Ch. 280, Acts of 2013; Ch. 366, Acts of 2016; Ch. 367, Acts of 2016

Notice of Proposed Action

[17-300-P]

The Secretary of Health proposes to amend Regulation .07 under COMAR 10.09.49 Telehealth Services.

Statement of Purpose

The purpose of this action is to add:

(1) Federally qualified health centers (FQHCs) to the list of provider sites that may register as distance site providers eligible to deliver services via telehealth within the rendering provider’s scope of practice; and

(2) Physician assistants as permitted distant site rendering providers and permitted originating site providers.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

.07 Provider Conditions for Participation.

A.—B. (text unchanged)

C. Permitted Originating Sites. The following sites may register as an originating site for Telehealth Program service delivery:

(1)—(8) (text unchanged)

(9) The office of a physician, physician assistant, psychiatric nurse practitioner, nurse practitioner, or nurse midwife;

(10)—(13) (text unchanged)

D. Permitted Distant Site Providers.

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

(a) (text unchanged)

(b) An opioid treatment program; [or]

(c) An outpatient mental health center[.]; or

(d) A federally qualified health center.

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

(a)—(c) (text unchanged)

(d) A physician; [or]

(e) A physician assistant; or

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

DENNIS SCHRADER
Secretary of Health

 

Notice of Proposed Action

[17-311-P]

The Secretary of Health proposes to:

(1) Amend Regulations .02—.05 under COMAR 10.13.01 Dispensing of Prescription Drugs by a Licensee;

(2) Amend Regulation .04 under COMAR 10.32.12 Delegation of Acts by a Licensed Physician to an Assistant Not Otherwise Authorized under the Health Occupations Article or the Education Article; and

(3) Adopt new Regulations .01—.19 under a new chapter, COMAR 10.32.23 Permits for the Dispensing of Prescription Drugs.

This action was considered at a public meeting on November 30, 2016, notice of which was given by publication on the Board’s Website at http://www.mbp.state.md.us/forms/nov16fullagenda.pdf from November 22, 2016 through November 30, 2016 pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

This action also was considered at a public meeting on April 26, 2017, notice of which was given by publication on the Board’s Website at http://www.mbp.state.md.us/forms/apr17fullagenda.pdf from April 11, 2017 through April 26, 2017 pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

This action also was considered at a public meeting on October 25, 2017, notice of which was given by publication on the Board’s Website at http://www.mbp.state.md.us/forms/Oct17Bagenda.pdf from October 20, 2017 through October 25, 2017 pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to create new regulations and conform existing regulations to implement changes in Maryland pharmacy law pursuant to House Bill 752, Physicians - Prescriptions Written by Physician Assistants or Nurse Practitioners - Preparing and Dispensing, 2016, Chapter 116.

Specifically, the purpose is to:

(1) Amend COMAR 10.13.01 to conform to the new statutory provisions that allow a physician to dispense for physician assistants and certified registered nurse practitioners; to change the name of the Division of Drug Control to the Office of Controlled Substances Administration (OCSA); to clarify that the OCSA may discontinue inspections of individuals who are no longer dispensing; and to clarify a definition without substantive change;

(2) Amend COMAR 10.32.12 to allow for the delegation of certain steps in the dispensing of prescription drugs by a physician to an unlicensed assistant so that this COMAR chapter is not in conflict with State statute and the proposed new regulations noted above; and

(3) Under new regulations (COMAR 10.32.23), define the parameters under which a physician may obtain a permit from the Maryland Board of Physicians to dispense prescription drugs to that physician’s patients, dispense prescription drugs to the patients of other prescribers under certain circumstances, and delegate parts of the dispensing process to others in accordance with Health Occupations Article, §§12-102 and 14-306, Annotated Code of Maryland.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to 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 January 22, 2018. A public hearing has not been scheduled.

 

Subtitle 13 DRUGS

10.13.01 Dispensing of Prescription Drugs by a Licensee

Authority: Health Occupations Article, §§12-102 and 12-102.1, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) Final Check.

(a) “Final check” means the verification [by the licensee that the prescription is correct before the prescription] of the accuracy and completeness of a filled prescription order by the permit holder before the drug is dispensed to the patient.

(b) “Final check” includes the assumption of responsibility for the filled prescription, [including, but not limited to:] including verifying the:

(i) (text unchanged)

(ii) [Correct] Accurate expiration date;

(iii) Accuracy of [drug, strength, and labeling;] the drug dispensed;

[(iv) Verification of ingredients; and

(v) Proper container.]

(iv) Strength of the drug dispensed;

(v) Labeling that complies with Health Occupations Article, §12-205, Annotated Code of Maryland; and

(vi) Appropriateness of the container in which the drug is dispensed, including child-proof containers where applicable.

(3)—(5) (text unchanged)

.03 Application for Dispensing Permit.

A. The licensee shall complete an application on a form approved by the appropriate Board and pay a fee in accordance with the fee schedule for:

(1) Physicians at COMAR [10.32.01.11] 10.32.01.12;

(2)—(3) (text unchanged)

B.—E. (text unchanged)

.04 Dispensing Requirements.

A.—C. (text unchanged)

D. [A] Except as provided in Health Occupations Article, §12-102(c)(2)(iii), Annotated Code of Maryland, and §S of this regulation, a licensee shall dispense prescription drugs only to the patients of the licensee.

E.—M. (text unchanged)

N. In each patient’s chart for each patient to whom prescription drugs are dispensed or in a format readily retrievable, a licensee shall maintain a single form which:

(1)—(3) (text unchanged)

O.—R. (text unchanged)

S. To the extent permitted by COMAR 10.32.23, a licensed physician may personally prepare and dispense a prescription written by:

(1) A physician assistant with whom the physician has a delegation agreement that:

(a) Complies with Health Occupations Article, Title 15, Subtitle 3, Annotated Code of Maryland; and

(b) Permits the physician assistant to prescribe the drug; and

(2) A certified registered nurse practitioner who is:

(a) Authorized to practice under Health Occupations Article, Title 8, Subtitle 3, Annotated Code of Maryland; and

(b) Working with the physician in the same practice.

.05 Inspection Requirements.

A. The Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners shall report annually to the [Division of Drug Control] Office of Controlled Substances Administration the names and addresses of its licensees who:

(1)—(2) (text unchanged)

B. A licensee shall allow the [Division of Drug Control] Office of Controlled Substances Administration to enter and inspect the licensee’s practice locations at all reasonable hours.

C. The [Division of Drug Control] Office of Controlled Substances Administration shall:

(1)—(3) (text unchanged)

(4) If the [Division of Drug Control] Office of Controlled Substances Administration finds a deficiency at one practice location of a licensee with multiple practice locations, require the licensee to prepare, sign, and submit an affidavit attesting that all practice locations are in or will be in compliance as a result of the inspection;

(5)—(6) (text unchanged)

D. A licensee shall sign and date an inspection form provided by the [Division of Drug Control] Office of Controlled Substances Administration relating to the requirements set forth in Health Occupations Article, §12-102, Annotated Code of Maryland.

E. A licensee shall pay a fee in an amount that will produce funds to approximate, but not exceed, the documented costs to the [Division of Drug Control] Office of Controlled Substances Administration for inspections, as required by the appropriate Board.

F. The Office of Controlled Substances Administration:

(1) May suspend inspections of any physician who reports pursuant to Health Occupations Article, §12-102(c)(2)(ii)4L, Annotated Code of Maryland, that the physician has not personally dispensed any prescription medications during the preceding year; and

(2) To the extent otherwise required by this regulation, shall resume inspections if that physician later reports that the physician has resumed dispensing activities.

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.12 Delegation of Acts by a Licensed Physician to an Assistant Not Otherwise Authorized under the Health Occupations Article or the Education Article

Authority: Health General Article, §§19-114 and 19-118; Health Occupations Article, §14-306; Annotated Code of Maryland

.04 Scope of Delegation.

A.—D. (text unchanged)

E. A physician who possesses a dispensing permit may delegate the dispensing functions in accordance with the requirements of COMAR 10.32.23.

[E.] F. A physician may not delegate to an assistant acts which include but are not limited to:

(1)—(3) (text unchanged)

[(4) Dispensing medications;]

[(5)] (4)[(6)] (5) (text unchanged)

 

10.32.23 Permits for the Dispensing of Prescription Drugs

Authority: Health Occupations Article, §§12-102, 14-205, 14-306, 14-404, 14-408 and State Government Article, §§10-206 and 10-226, Annotated Code of Maryland.

.01 Scope.

This chapter defines the parameters under which a physician may obtain a permit to dispense prescription drugs to that physician’s patients, dispense prescription drugs to the patients of other prescribers under certain circumstances, and delegate parts of the dispensing process to others in accordance with Health Occupations Article, §§12-102 and 14-306, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Board” means the State Board of Physicians.

(2) “Controlled dangerous substance (CDS)” has the meaning stated in Criminal Law Article, §5-101(g), Annotated Code of Maryland.

(3) “Dispense” has the meaning stated in Health Occupations Article, §12-101(h), Annotated Code of Maryland.

(4) “Drug sample” has the meaning stated in 21 CFR §203.3 (i).

(5) Final Check.

(a) “Final check” means the verification of the accuracy and completeness of a filled prescription order by the permit holder before the drug is dispensed to the patient.

(b) “Final check” includes the assumption of responsibility for the filled prescription, including verifying the:

(i) Appropriateness of the dose;

(ii) Accurate expiration date;

(iii) Accuracy of the drug dispensed;

(iv) Strength of the drug dispensed;

(v) Labeling that complies with Health Occupations Article, §12-505, Annotated Code of Maryland; and

(vi) Appropriateness of the container in which the drug is dispensed, including child-proof containers where applicable.

(6) “In good standing” means that an individual:

(a) Holds a license to practice medicine in this State;

(b) Is not currently suspended by any order imposed by any medical licensing board;

(c) Is not currently on probation by any order imposed by any medical licensing board;

(d) Is not currently subject to any restrictions on practice related to the abuse, misuse, or improper prescribing of drugs;

(e) Has not been within the past 5 years sanctioned by any medical licensing board for the commission of a crime of moral turpitude or for a violation of Health Occupations Article, §14-404(a)(7), (8), (9), (10), or (28), Annotated Code of Maryland, or a similar statute of another state; and

(f) Has not within the past 5 years had the CDS registration issued by the OCSA or its predecessor, the registration issued by the federal Drug Enforcement Agency, or the Board dispensing permit:

(i) Revoked;

(ii) Suspended; or

(iii) Voluntarily relinquished or surrendered while under investigation or after being informed that an investigation will be commenced.

(7) “In the public interest” means that a pharmacy is not conveniently available to the patient.

(8) Mechanical Act.

(a) “Mechanical act” means an act which does not require professional judgment, medical or pharmaceutical training, or discretion.

(b) “Mechanical act” does not include:

(i) Selecting a drug;

(ii) Labeling;

(iii) Measuring or calculating dosages;

(iv) Substituting one drug for another, including substituting a generic or brand drug for the prescribed drug;

(v) Substituting one dosage form of a drug for another;

(vi) Altering the route of administration; or

(vii) Counseling patients.

(9) “OCSA” means the Office of Controlled Substances Administration of the Maryland Department of Health.

(10) “Permit holder” means a physician licensed in this State who holds a valid dispensing permit under this chapter.

(11) “Readily retrievable” means maintained by any method by which the permit holder can retrieve and produce the record to OCSA during the course of an unscheduled on-site inspection.

(12) “Sample unit” has the meaning stated in 21 CFR §203.3 (aa).

(13) “Supplier” means:

(a) A wholesale distributor as defined in Health Occupations Article, §12-6C-01(v), Annotated Code of Maryland; or

(b) A pharmacy, to the extent permitted by Health Occupations Article, §12-406(b), Annotated Code of Maryland.

.03 Permit Not Required.

A dispensing permit is not required to:

A. Dispense prescription drugs or devices at a health facility or center described in Health Occupations Article, §12-102(g)(1)—(3), Annotated Code of Maryland; or

B. Dispense to a patient, free of charge:

(1) A drug sample;

(2) A sample unit; or

(3) A starter dosage of a prescription drug, not to exceed a 72-hour supply.

.04 Qualifications for Dispensing Permits.

A. An applicant for a dispensing permit shall:

(1) Possess a license to practice medicine in this State;

(2) Be in good standing as that term is defined in this chapter;

(3) Be of good moral character;

(4) Demonstrate a basic knowledge of the statutes and regulations governing the practice of dispensing prescription drugs;

(5) Complete the application on a form supplied by the Board; and

(6) Pay the required fee as set out in COMAR 10.32.01.12.

B. The applicant shall:

(1) State each location at which prescription drugs will be dispensed; and

(2) Grant permission to OCSA to inspect each location at which drugs will be dispensed at any reasonable hour.

C. An applicant for renewal of a dispensing permit shall submit, upon request, documentation of completion of at least ten continuing education credits related to the preparing and dispensing of prescription drugs offered by the Accreditation Council for Pharmacy Education or as approved by the Secretary of the Maryland Department of Health.

.05 Consideration of Applications.

The Board shall grant the application for a dispensing permit if:

A. The applicant meets the requirements of Regulation .04 of this chapter;

B. The applicant has not been sanctioned by the Board for dispensing drugs without a permit within the last 5 years; and

C. Granting the application is in the public interest.

.06 Requirements for Permit Holders.

A. A permit holder shall comply with all federal and State statutes and regulations regarding prescription drugs, including all requirements for:

(1) Dispensing, including labeling;

(2) Storing and securing inventory;

(3) Allowing access only to authorized individuals;

(4) Managing inventory controls;

(5) Recordkeeping; and

(6) Submitting prescription monitoring data to the Maryland Prescription Drug Monitoring Program in accordance with Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland.

B. A permit holder shall:

(1) Perform in person the final check of each drug dispensed;

(2) Sign or initial documentation in person that the final check was completed;

(3) Be present on the premises and available for consultation at the time the drug is dispensed;

(4) With regard to inspections by the OCSA:

(a) Personally sign at the time of the inspection the acknowledgement of receipt of the inspection report required by Health Occupations Article, §12-102(c)(2)(ii)4D, Annotated Code of Maryland; or

(b) Assure that during all normal office hours a designee is available on the premises who will sign at the time of the inspection the acknowledgement of receipt of the inspection report;

(5) Assure that the lot number of a drug obtained from a stock bottle or other larger container:

(a) Is recorded in the office records;

(b) Can be correlated with any patient’s prescription for that drug; and

(c) Is immediately available for inspection; and

(6) Except with regard to sample units, drug samples, and starter dosages in the possession and control of an authorized prescriber, assure that physical access to all prescription drugs is denied to all individuals at all times that a permit holder is not on the premises.

C. A permit holder may not dispense medications by:

(1) Mail order; or

(2) A refill.

D. For the purposes of this regulation, “refill” means an additional allotment of the same drug initially authorized by the original, written prescription. “Refill” does not prohibit a permit holder from dispensing the same or different drug through an additional or subsequent, written prescription.

.07 Delegation of Dispensing Functions.

A. A permit holder may delegate to an unlicensed person only mechanical acts involved in dispensing a drug.

B. Delegation to a Physician Assistant.

(1) Except as required in §B(2) of this regulation, a permit holder may delegate to a physician assistant with whom the permit holder has a delegation agreement under Health Occupations Article, §15-302, Annotated Code of Maryland, the dispensing of a drug prescribed by:

(a) The permit holder to the permit holder’s patient; or

(b) A physician assistant or certified registered nurse practitioner who meets the requirements of Regulation .08 or .09 of this chapter.

(2) The permit holder shall perform the final check.

.08 Dispensing Prescription Drugs Prescribed by Physician Assistants.

A. Except as required in §§B and C of this regulation, a permit holder may dispense a drug prescribed by a physician assistant with whom the permit holder has a delegation agreement under Health Occupations Article, §15-302, Annotated Code of Maryland, which authorizes the physician assistant to prescribe the drug.

B. The permit holder shall perform the final check.

C. The permit holder may dispense under this regulation only a drug that the permit holder is authorized to prescribe.

.09 Dispensing Prescription Drugs Prescribed by Certified Registered Nurse Practitioners.

A. Except as required in §§B and C of this regulation, a permit holder may dispense a drug prescribed by a certified registered nurse practitioner who is:

(1) Authorized under Health Occupations Article, Title 8, Annotated Code of Maryland, to prescribe the drug; and

(2) Working with the permit holder in the same office setting.

B. The permit holder shall perform the final check.

C. The permit holder may dispense under this regulation only a drug that the permit holder is authorized to prescribe.

.10 Records.

A. A permit holder shall keep readily retrievable at each dispensing location:

(1) A copy of the dispensing permit issued by the Board;

(2) A record of each final check;

(3) A copy of the form, signed and dated by the patient, maintained in accordance with COMAR 10.13.01.04, indicating the patient’s determination that a pharmacy is not conveniently available and demonstrating that the determination was made solely by the patient;

(4) The delegation agreement of any physician assistant for whom the permit holder dispenses prescription drugs at that location, including the name of the primary supervising physician and any alternate supervising physician;

(5) A list of the name and license number of all physician assistants for whom the permit holder dispenses drugs at that location;

(6) A list of the name, license number, and specialty of all certified registered nurse practitioners for whom the permit holder dispenses drugs at that location;

(7) The permit holder’s protocols for handling drug recalls, including the arrangements for notifying patients;

(8) The permit holder’s protocols for disposal of drugs;

(9) With respect to suppliers from whom the permit holder purchased prescription drugs:

(a) The name, address, and phone number of each supplier; and

(b) Documentation including:

(i) For any pharmacy supplier, the number and the expiration date of the pharmacy permit issued by the Maryland Board of Pharmacy and the number and expiration date of the CDS registration issued by OCSA; and

(ii) For each wholesale supplier, the number and the expiration date of the distribution permit issued by the Maryland Board of Pharmacy and the number and expiration date of the CDS registration issued by OCSA; and

(10) Any other purchasing, inventory, and dispensing records required by State or federal statutes or regulations.

B. In addition to meeting the requirements of Regulation .10A, the permit holder shall comply with any other State or federal law or regulation relating to dispensing of prescription drugs.

C. A permit holder who dispenses CDS shall keep additional records available for inspection as required by COMAR 10.19.03.05.

.11 Revision of Dispensing Permit.

A permit holder may revise a permit twice during its term, without charge, to change the location at which prescriptions will be dispensed.

.12 Lapse of Dispensing Permit.

A. A permit automatically lapses if the permit holder:

(1) Dies;

(2) Fails to retain a valid and active Maryland medical license;

(3) Fails without good cause to file the annual report required by Health Occupations Article, §12-102(c)(2)(ii)4L, Annotated Code of Maryland, within 15 days of the anniversary date of the date the permit was issued; or

(4) Fails without good cause to notify the Board of a change of address as required by Health Occupations Article, §14-316(f), Annotated Code of Maryland.

B. A lapsed permit may not be reinstated.

C. The lapse of a permit is not in itself a bar to filing an application for a new permit.

.13 Written Notice on Reactivation of Dispensing.

A permit holder who has reported pursuant to Health Occupations Article, §12-102(c)(2)(ii)4L, Annotated Code of Maryland, that the permit holder has not personally dispensed prescription drugs during the previous year:

A. Will not be subject to inspections by OCSA pursuant to Health Occupations Article, §12-102.1(b), Annotated Code of Maryland, unless the permit holder begins dispensing again; and

B. May not begin to dispense prescription drugs again during the term of the dispensing permit without notifying the Board in advance in writing.

.14 Grounds for Revocation of Dispensing Permit.

A. Subject to the Administrative Procedure Act, and in addition to any sanction for violation of Health Occupations Article, §14-404(a)(28), Annotated Code of Maryland, the Board may revoke a dispensing permit on any of the following grounds:

(1) Violating the attestations made pursuant to COMAR 10.13.01.05C(4);

(2) Violating State or federal statutes or regulations regarding prescribing or dispensing prescription drugs;

(3) Delegating dispensing duties outside the scope of this chapter;

(4) Dispensing prescription drugs prescribed by another outside the scope of this chapter;

(5) Dispensing at a location not designated on the permit;

(6) Being absent from the premises when prescription drugs are dispensed under the permit;

(7) Failing to comply with the applicable requirements of the Prescription Drug Monitoring Program set out in Health-General Article, Title 21, Subtitle 2A, Annotated Code of Maryland;

(8) Failing to cooperate with an investigation by the Board or an inspection by OCSA; or

(9) Violating Regulations .06, .10, or .13 of this chapter.

B. If a permit holder surrenders the permit while under investigation:

(1) The surrender does not prevent the Board from taking any appropriate disciplinary action under Health Occupations Article, §14-404(a)(28), Annotated Code of Maryland, or any other statute under which the Board has jurisdiction; and

(2) The permit holder may not apply for another permit again for a minimum of 5 years.

.15 Summary Suspension of Dispensing Permit.

A. The Board may summarily suspend a dispensing permit if it finds that the public safety, health, or welfare imperatively requires emergency action.

B. Procedures for summary suspension shall be governed by COMAR 10.32.02.05.

.16 Fraud or Deception in Obtaining a Permit.

Subject to the Administrative Procedure Act, a licensee who fraudulently or deceptively obtains or attempts to obtain a permit is guilty of violating Health Occupations Article, §14-404(a)(1), Annotated Code of Maryland.

.17 Permit Holders Sanctioned for Violating the Medical Practice Act.

A. If the Board sanctions a permit holder for violating Health Occupations Article, §14-404(a)(7), (8), (9), (10), or (28), or §14-404(b), Annotated Code of Maryland, the Board shall, in addition to any sanctions imposed on the permit holder under COMAR 10.32.02.07 or 10.32.02.10, revoke the permit.

B. Subject to the requirement of §C of this regulation, reinstatement of a revoked permit is at the discretion of the Board.

C. A revoked permit may not be reinstated for a minimum of 5 years from the date of revocation.

.18 Dispensing Without a Permit.

Unless otherwise authorized by Health Occupations Article, §12-102, Annotated Code of Maryland, the dispensing of prescription drugs by a physician without a permit is a violation of Health Occupations Article, §14-404(a)(28), Annotated Code of Maryland, and also may be considered unprofessional conduct in the practice of medicine in violation of Health Occupations Article, §14-404(a)(3)(ii), Annotated Code of Maryland.

.19 Interpretation.

Nothing in this chapter relieves any permit holder from meeting the requirements of State or federal law or COMAR 10.13.01.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 13 DRUGS

10.13.05 AIDS Education Program for Persons Convicted of Drug/Sex-Related Crimes

Authority: Health-General Article, §18-339, Criminal Law Article, §5-906, Annotated Code of Maryland

Notice of Proposed Action

[17-301-P]

     The Secretary of Health proposes to repeal Regulations .01—.06 under COMAR 10.13.05 AIDS Education Program for Persons Convicted of Drug/Sex-Related Crimes.

Statement of Purpose

The purpose of this action is to repeal the chapter regarding the AIDS education program because the statutory authority for the program has been removed per Chs. 200 and 201 (S.B. 185/H.B. 445), Acts of 2017.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 24 MARYLAND HEALTH CARE COMMISSION

10.24.11 State Health Plan for Facilities and Services: General Surgical Services

Authority: Health-General Articles, §§19-109(a)(1) [and 19-118], 19-114(b)(2) and (d)(1)(iv) and (viii), 19-118(a)(2)(i), and 19-120(j)(2)(iv), (k)(9), and (o)(1) and (3), Annotated Code of Maryland

Notice of Proposed Action

[17-264-P-I]

The Statement of Purpose that was published for this proposal in 44:22 Md. R. 1046 (October 27, 2017) has been corrected. The new Statement of Purpose follows.

Statement of Purpose

The purpose of this action is to establish COMAR 10.24.11 (Surgical Services Chapter), a replacement chapter in the State Health Plan for Facilities and Services that governs the establishment and relocation of surgical services.  COMAR 10.24.11 was last updated in 2012. Subsequent legislative changes (Chapter 420 of 2016) and input that resulted in regulations proposed as COMAR 10.24.19, the Freestanding Medical Facility Chapter of the State Health Plan, permit the establishment of a freestanding medical facility that may include surgical services.  In addition, the replacement Surgical Services Chapter creates a new process for exemption from CON review for the establishment of an ambulatory surgery facility (ASF) with two operating rooms, under circumstances that include: [expanding an existing POSC, establishing] an eligible POSC that seeks to add a second operating room, and thereby establish an ASF; establishment of a new ASF with two operating [rooms,] rooms; relocation of two operating rooms from a hospital to an ASF; or the establishment of an ASF with no more than two operating rooms at a freestanding medical facility established through the conversion of a general hospital.  COMAR 10.24.11 also contains policies and standards that will guide the Certificate of Need review process for a general hospital that seeks to add surgical capacity, or relocate surgical capacity when an exemption is not an option, as well as for an applicant seeking to expand an existing ASF or establish an ASF with more than two operating rooms. 

ROBERT E. MOFFIT, Ph.D.
Chair
Maryland Health Care Commission

 

Subtitle 25 MARYLAND HEALTH CARE COMMISSION

10.25.19 State Recognition of an Electronic Advance Directives Service

Authority: Health-General Article §§ 4-302.2, 5-602, 5-622, 19-103(c)(2)(i) and (ii), 19-144, Annotated Code of Maryland

Notice of Proposed Action

[17-196-P]

The Maryland Health Care Commission proposes to adopt new Regulations .01—.08  under a new chapter, COMAR 10.25.19 State Recognition of an Electronic Advance Directive Service. This action was considered by the Commission at an open meeting held on June 15, 2017, notice of which was given through publication in the Maryland Register, pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify the process by which an electronic advance directive service can be awarded State Recognition from the Maryland Health Care Commission (MHCC) to be authorized to connect to the State-Designated Health Information Exchange. The regulations detail the process for developing criteria for State Recognition of an electronic advance directives service; State Recognition application process (initial and renewal); procedure to contest a denial of State Recognition; provisions on the non-transferability of State Recognition including the closure, sale, merger, lease, assignment, or transfer of all or part of a State Recognized electronic advance directives service; and MHCC oversight, including the process to investigate and revoke State Recognition from an electronic advance directives service.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This new chapter details program requirements for an electronic advance directives service that seeks State Recognition from the Maryland Health Care Commission (MHCC) to connect to the State-Designated Health Information Exchange. The economic impact on an electronic advance directives service is expected to be minimal as MHCC criteria for State Recognition aligns with national benchmarks for privacy and security, which most electronic advance directive services already adhere to given requirements set forth in the Health Insurance Portability and Accountability Act of 1996 (HIPAA).

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Within Budget

B. On other State agencies:

NONE

No Impact

C. On local governments:

NONE

No impact

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1)

(+)

Moderate

(2)

(-)

Moderate

E. On other industries or trade groups:

NONE

No impact

F. Direct and indirect effects on public:

(+)

Moderate

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

A. The MHCC is the State agency responsible for advancing health information technology throughout Maryland. The chapter requires the MHCC to award State Recognition to qualified electronic advance directive services and monitor compliance with the regulations. The MHCC can support the regulation using current staff within the MHCC’s budget.

B. Other State agencies do not have any requirements as it relates to the regulation; as such, there is no impact on State agencies.

C. Local governments do not have any requirements as it relates to the regulation; as such, there is no impact on local governments.

D(1). The regulations are expected to have a moderate financial impact on organizations that seek State Recognition from MHCC. The economic impact on an electronic advance directives service is expected to be moderate as MHCC criteria for State Recognition aligns with national benchmarks for privacy and security, which most electronic advance directive services already adhere to given requirements set forth in the HIPAA.

D(2). The regulations are expected to have a moderate financial impact on organizations that seek State Recognition from MHCC. The economic impact on an electronic advance directives service is expected to be moderate as MHCC criteria for State Recognition aligns with national benchmarks for privacy and security, which most electronic advance directive services already adhere to given requirements set forth in the HIPAA.

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

F. The regulations are expected to have a positive impact on the public. These regulations are necessary to ensure that robust protections are in place for electronic advance directive services and allow health care providers to have more timely and convenient access to their patients’ advance directive when needed.

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 Christine Karayinopulos, Executive Assistant, Center for Health Information Technology and Innovative Care Delivery, MHCC, 4160 Patterson Avenue, Baltimore, MD 21215, or call 410-764-3444, or email to christine.karayinopulos@maryland.gov, or fax to 410-358-1236. Comments will be accepted through 4:30 pm on January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Action on the proposed regulations will be considered by the Commission at a public meeting to be held on February 15, 2018, at 1 p.m., at 4160 Patterson Avenue, Baltimore, Maryland 21215.

.01 Scope.

This chapter applies to the State Recognition of an electronic advance directives service.  Only an electronic advance directives service that is awarded State Recognition status by the Maryland Health Care Commission pursuant to this chapter may represent itself as a State-Recognized electronic advance directives service that is authorized to connect to the State-Designated Health Information Exchange.

.02 Definitions.

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

B. Terms Defined.

(1) “Advance directive” means:

(a) A witnessed written or electronic document, voluntarily executed by the declarant in accordance with the requirements of Title 5 Subtitle 6 of the Health General Article; or

(b) A witnessed oral statement, made by the declarant in accordance with the provisions of Title 5 Subtitle 6 of the Health General Article; or

(c) An unwitnessed electronic document in which the declarant’s identity is authenticated in accordance with the National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63.

(2) “Commission” means the Maryland Health Care Commission.

(3) “Declarant” means a competent individual who makes an advance directive while capable of making and communicating an informed decision.

(4) “Electronic advance directives service” or “service” means a corporation, firm, association, or other entity that offers electronic advance directives services by way of a web-based application using cloud-based technology.

(5) “Executive Director” means the Executive Director of the Commission.

(6) “Health care agent” means an individual appointed by a declarant under an advance directive to make health care decisions on behalf of a declarant.

(7) “State-Designated HIE” means an entity designated by the Maryland Health Care Commission and the Health Services Cost Review Commission pursuant to the statutory authority set forth under Health-General Article, §19-143, Annotated Code of Maryland.

(8) “State Recognition” or “State-Recognized” means the status awarded by the Commission to an approved electronic advance directives service that has met State Recognition criteria.

(9) “State Recognition criteria” or “criteria” means technology, security, privacy, and other standards established by the Commission in accordance with Regulation .03 of this chapter and for non-witnessed advance directives, must meet National Institute of Standards and Technology Special Publication 800–63–2: Electronic Authentication Guideline or subsequent replacement publications to 800-63 to authenticate a declarant’s identity.

.03 Establishment of Criteria for State Recognition of an Electronic Advance Directives Service.

A.  The Commission will assess the application of an electronic advance directives service for State Recognition in accordance with criteria approved by the Commission in accordance with the process set forth in this Regulation.

B. Commission staff shall publish in the Maryland Register and on the Commission’s website a notice and draft criteria by which the Commission may consider an application by an electronic advance directives service for State Recognition.

(1) The notice shall specify the date by which public comments are due.

(2) Commission staff shall analyze public comments received and recommend criteria for use by the Commission in determining whether the Commission will award State Recognition to an electronic advance directives service.

C.  The Commission will consider the public comments and Commission staff’s recommendation in establishing the applicable criteria.

D.  The criteria approved by the Commission shall be published in the Maryland Register and in a dated posting on the Commission’s website.

.04 Procedure for Initial State Recognition.

A. Application.

(1) An electronic advance directives service seeking State Recognition shall submit an application in the form and manner specified by the Commission.

(2) The application, and all information supplementing the application, shall be signed by at least one person authorized by the applicant, who shall sign a statement as follows: “I solemnly affirm under penalties of perjury that the contents of this application (or the supplementary information) are true to the best of my knowledge, information, and belief.”

B. An electronic advance directives service seeking State Recognition shall:

(1) Demonstrate that it meets all State Recognition criteria in effect at the date of the Commission’s receipt of the initial application;

(2) Affirm under penalties of perjury that, within the last 10 years, no current or former owner or senior manager of the service or a current or former owner or senior manager of any related or affiliated service has:

(a) Been convicted of a felony or pleaded guilty, nolo contendere, entered a best interest plea of guilty, or received a diversionary disposition regarding a felony;

(b) Received a determination of exclusion from participation in Medicare or State health care programs under 42 U.S.C. §1320a-7 in any case with respect to a criminal or civil charge of Medicare or Medicaid fraud or abuse;

(c) Been found in violation of State or federal laws or regulations that govern the operation of, or relate in any way to, an electronic advance directives service;

(3) Affirm under penalties of perjury that the service or any related or affiliated service has:

(a) No pending complaints, judgments, liens, or any final judgment or liens; or

(b) Is not the subject of an investigation by or order of any local, State, or federal governmental agency;

(4) Provide all required documentation;

(5) Timely provide additional information requested by Commission staff as needed to complete analysis of the application and make a recommendation to the Commission;

(6) Send written notice to the Commission of any change in information submitted in the initial application within ten business days after the change is effective; and

(7) Agree to comply with the requirements of this chapter.

C. Review of Applications.

(1) Commission staff shall:

(a) Review an application to determine its compliance with State Recognition criteria; and

(b) Prepare a recommendation to the Commission on the application, detailing the reasons for the recommendation.

(2) If Commission staff recommends denial of an application for State Recognition:

(a) An applicant has ten days after electronic delivery of the Commission staff’s recommended denial in which to make a written filing taking exceptions to the staff’s recommendation; and

(b) Each applicant that timely submits a written filing may present oral argument on its written exceptions to the Commission, not to exceed 10 minutes per applicant unless time is extended by the Chair of the Commission.

(3) The Commission may award State Recognition to each electronic advance directives service that meets all State Recognition criteria unless the Commission:

(a) Determines that it is in the public interest to award State Recognition to fewer than all the electronic advance directives services that meet the qualifications for State Recognition; and

(b) Details the bases for its decision.

D. Duration of State Recognition.

(1) State Recognition is valid for 3 years from its issuance, unless suspended or revoked by the Commission.

(2) An electronic advance directives service to which the Commission grants State Recognition shall acknowledge the status in writing and agree to comply with the terms and conditions of the award of State Recognition status.

.05 Procedure for Renewal of State Recognition.

A. An electronic advance directives service seeking renewal of its State Recognition status shall:

(1) At least 45 days prior to the expiration of State Recognition status, file a complete application for renewal in a form and manner specified by the Commission; and

(2) Demonstrate compliance with the State Recognition criteria in effect at the date of the Commission’s receipt of the application for renewal.

B. Commission staff shall review a renewal application and make a recommendation to the Commission regarding:

(1) The applicant’s compliance with the State Recognition criteria;

(2) The applicant’s compliance with terms and conditions of the prior recognition; and

(3) Its assessment of the quality of the service provided by the electronic advance directives service.

C.  The Commission shall approve an application for renewal of State Recognition status by an electronic advance directives service that:

(1) Continues to meet all State Recognition criteria;

(2) Has complied with the terms and condition of its previous award of State Recognition status; and

(3) Has provided high quality service to persons who utilize its electronic advance directives service.

D. If Commission staff recommends denial of a renewal application, the procedure in Regulation .04C(2) of this chapter applies.

.06 Non-transferability of State Recognition.

State Recognition issued pursuant to this chapter may not be sold, assigned, leased, or transferred in any way, except as provided in Regulation .07 of this chapter.

.07 Closure, Sale, Merger, Lease, Assignment, or Transfer of All or Part of a State Recognized Electronic Advance Directives Service.

A. At least 90 days before a State Recognized electronic advance directives service closes on a sale, merger, lease, assignment, or transfer of all or part of a State Recognized electronic advance directives service, the State Recognized electronic advance directives service shall:

(1) Submit in writing to the Commission information requested by Commission staff about the desired change and a plan that assures the proposed transaction:

(a) Results in the secure transfer either to another State Recognized electronic advance directives service;

(b) Provides notice of the proposed transaction to the Commission, to the Department of Health, to the State-Designated Health Information Exchange, and to the Consumer Protection Division of the Office of the Maryland Attorney General; and

(c) Provides notice of the proposed transaction electronically and on the website to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive, which at a minimum, includes:

(i) Information about the transfer of the declarant’s advanced directives to another State Recognized entity;

(ii) The name, contact information and web address of the State Recognized receiving entity;

(iii) The date the transfer will occur; and

(iv) Specific instructions about how the transfer of an advance directive impacts the declarant and the health care agent.

(2) Not proceed with the proposed transaction until it receives written determination from the Executive Director of the Commission that State Recognition status may be transferred as a result of the proposed sale, merger, lease, assignment, or transfer of all or part of a State Recognized electronic advance directives service.

(3) The provisions of §A(1) of this regulation do not apply to a State Recognized electronic advance directives service that seeks to sell, merge, lease, assign, or transfer all or part of a State Recognized electronic advance directives service to:

(a) A person who was identified as a majority owner of the electronic advance directives service at the time of the most recent State Recognition by the Commission; or

(b) To an entity identified as the majority owner of the electronic advance directives service at the time of the most recent State Recognition by the Commission and whose membership or ownership, and percentage of ownership remain substantially the same as identified at the time of the most recent State Recognition by the Commission.

B. As soon as a State Recognized electronic advance directives service has information that sets forth a reasonable basis to believe that its ability to continue to operate as a State Recognized electronic advance directives service will be materially affected, and no fewer than three months prior to an anticipated closure, it shall submit complete written information to the Commission, along with a plan including provisions that assure the following:

(1) The secure transfer of electronic advance directives to another State Recognized electronic advance directives service to the extent that such transfer is consistent with State and federal law;

(2) Submission of any reporting required under an existing State or federal grant;

(3) Plans for the continuation of electronic advance directives services during a period of transition and for a mutually agreed timeframe prior to the transfer of electronic advance directives to another State Recognized electronic advance directives service or until the Commission awards State Recognition to a new electronic advance directives service to whom the existing service shall transfer existing advance directives;

(4) Plans for such transition services to a successor State Recognized electronic advance directives service as are reasonably feasible given the circumstances of the closure; and

(5) A minimum of 45 days advance notice of the full or partial closure to each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive in accordance with §A(1)(c) of this regulation, to the Commission, to the Department of Health, to the State-Designated Health Information Exchange, and the Consumer Protection Division of the Office of the Maryland Attorney General.

.08 Commission Oversight of State Recognized Electronic Advance Directives Services.

A. Commission staff may, on its own initiative or in response to information provided to the Commission, investigate any State Recognized electronic advance directives service.

B. Failure by a State Recognized electronic advance directives service to provide full information requested by Commission staff in a timely and complete manner is grounds for suspension or revocation of State Recognition status.

C. Following Commission staff’s investigation, the Executive Director may issue a notice of proposed action, which may include the following:

(1) A time-limited opportunity to correct deficiencies identified by the investigation;

(2) Suspension of the State Recognition of an electronic advance directives service for a definite period of time after which, depending upon the circumstances of the case and completion of appropriate corrective actions, the vendor may seek reinstatement of its State Recognition; or

(3) Revocation of State Recognition.

D. An electronic advance directives service that receives a notice of proposed action from the Executive Director may request an opportunity to show cause why the proposed action should not be implemented. A written request to show cause shall be filed with the Commission within 20 days of the issuance of the notice of proposed action and shall:

(1) State with particularity the grounds and factual basis for the electronic advance directives service’s disagreement with the proposed action;

(2) Include each fact upon which the electronic advance directives service relies to show cause why the proposed action should not be taken; and

(3) Be supported by relevant documentation and affidavits.

E. The Commission shall determine whether to impose the proposed action or a different action under the exceptions procedure provided in Regulation .04C(2) of this chapter.

F. In the event the Commission suspends or revokes State Recognition status, the electronic advance directives service must notify each declarant who prepared an electronic advance directive through the service and health care agent named in an electronic advance directive about the impact of the action on accessibility of the advance directive.

ROBERT E. MOFFIT, Ph.D.
Chair
Maryland Health Care Commission

 

Notice of Proposed Action

[17-302-P]

The Secretary of Health proposes to amend:

(1) Regulation .01 under COMAR 10.31.02 Tax Compliance Regulations; and

(2) Regulation .03 under COMAR 10.56.05 Continuing Education.

This action was considered at a public meeting on September 14, 2017, notice of which was given by publication on the Board’s website at https://health.maryland.gov/dietetic/Pages/Index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Establish that the Tax Compliance regulations in COMAR 10.31 apply to the Board of Dietetic Practice, whereas previously the Board had been exempted from the regulations, although the Board has always been in compliance with the statute; and

(2) Add the Maryland Department of Health as a sponsor of continuing education that is recognized and approved by the Board.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

 

Subtitle 31 HEALTH OCCUPATIONS BOARDS

10.31.02 Tax Compliance Regulations

Authority: Health Occupations Article, §§1-213 and 5–205, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "Board" means a health occupation board regulated under the Health Occupations Article, Annotated Code of Maryland, with the exception of the [boards of:]

[(a) Dietetic Practice; and]

[(b)] Board of Nursing.

(2)—(4) (text unchanged)

 

Subtitle 56 BOARD OF DIETETIC PRACTICE

10.56.05 Continuing Education

Authority: Health Occupations Article, §§5-205 and 5-308(d) , Annotated Code of Maryland

.03 Conditions of Licensure Renewal; Continuing Education Units Required.

The Board shall renew a license for an additional 2-year period if the licensee:

A.—B. (text unchanged)

C. Submits to the Board:

(1) (text unchanged)

(2) Satisfactory evidence of having completed, within the 2-year period before the renewal date, a minimum of 30 continuing education units approved by the Board or sponsored by, but not limited to, the following organizations:

(a)—(k) (text unchanged)

(l) Accredited colleges and universities; [or]

(m) Accredited hospitals as defined in Health-General Article, §19-301, Annotated Code of Maryland; or

(n) The Maryland Department of Health.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.03 Delegation of Duties by a Licensed Physician—Physician Assistant

Authority: Health Occupations Article, §§14-205 and 15-302, Annotated Code of Maryland

Notice of Proposed Action

[17-303-P]

The Secretary of Health proposes to amend Regulation .07 under COMAR 10.32.03 Delegation of Duties by a Licensed Physician—Physician Assistant. This action was considered at a public meeting held on July 26, 2017, notice of which was given by publication on the Board’s website at http://www.mbp.state.md.us/forms/jul17Fullagenda.pdf from July 10, 2017, to July 26, 2017, pursuant to the General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove limitations on the specific types of practice settings to all practice settings for purposes of consistency and reducing the paperwork that is required to be submitted to the Board of Physicians by allowing practice settings to maintain the documentation.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

.07 Supervising Physicians.

A. A primary supervising physician shall:

(1)—(2) (text unchanged)

(3) Provide continuous supervision of the physician assistant by means of one or more of the following:

(a)—(c) (text unchanged)

(d) Assignment of one or more alternate supervising physicians by one of the following means:

(i) In [a hospital, correctional facility, detention center, or public health facility] any practice setting, by ensuring the [maintenance of a list] documentation of alternate supervising physicians with signed confirmation that each alternate understands and accepts [his] the role as an alternate supervising physician; [or] and

[(ii) In any other location, through designation of the alternate on the delegation agreement sent to the Board.]

(ii) By ensuring that the alternate supervising physician documentation is readily available, accessible, and provided to the Board upon request;

(4)—(7) (text unchanged)

B.—C. (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

Subtitle 55 STATE BOARD OF SPINAL CORD INJURY RESEARCH

10.55.01 Administration of Spinal Cord Injury Trust Fund

Authority: Health-General Article, §§13-1401—13-1407, Annotated Code of Maryland

Notice of Proposed Action

[17-304-P]

The Secretary of Health proposes to repeal in its entirety Subtitle 55 State Board of Spinal Cord Injury Research.

Statement of Purpose

The purpose of this action is to repeal the entire subtitle regarding the State Board of Spinal Cord Injury Research because the statutory authority for the subtitle has been removed per Chapter 667, Acts of 2017 (HB 188) - Public Health - Advance Directives - Witness Requirements, Advance Directives Services, and Fund.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

DENNIS SCHRADER
Secretary of Health

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 07 SCHOOL PERSONNEL

13A.07.08 Incentive Program for Certification by the National Board for Professional Teaching Standards

Authority: Education Article, §6-112, Annotated Code of Maryland

Notice of Proposed Action

[17-307-P]

The Maryland State Board of Education proposes to amend Regulations .02 — .04 and .06 under COMAR 13A.07.08 Incentive Program for Certification by the National Board for Professional Teaching Standards. This action was considered by State Board of Education at their meeting held on October 24, 2017.

Statement of Purpose

The purpose of this action is to update language in regulations to align with current National Board for Professional Teaching Standards processes.

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 Sarah Spross, M.Ed., Assistant State Superintendent, Division of Educator Effectiveness, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0385 (TTY 410-333-6442), or email to sarah.spross@maryland.gov, or fax to 410-333-8963. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on February 27, 2018, 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "Completion of the National Board Assessment process" means the candidate submits the requisite number of scoreable entries, as defined by National Board for Professional Teaching Standards (NBPTS), for initial certification or renewal within one assessment cycle.

(2) "National Board certificate" means a credential issued by the NBPTS which attests that a candidate has been judged by peers as one who is accomplished, makes sound professional judgments about student learning, and acts effectively on those judgments.

(3) "National Board certification fee" means the assessment fee charged by the [National Board for Professional Teaching Standards] NBPTS.

(4) "National Board certification process for initial certification" means the [two-part] process which involves compiling a portfolio and completing assessment center activities.

(5)—(6) (text unchanged)

(7) "Retake" means the [banking] process [by which] offered by the NBPTS [places the individual portfolio entry and assessment center exercise scores for candidates who did not achieve National Board certification during their initial attempt in reserve, which allows candidates to retake], which allows candidates, during their initial attempt, to resubmit any combination of portfolio entries, assessment center exercises, or both, for which they did not [meet the individual entry or exercise performance standard] achieve a passing score.

.03 Eligibility Criteria.

A.—B. (text unchanged)

C. In order to be eligible to receive financial aid to pursue one retake, a candidate shall:

(1)—(2) (text unchanged)

D. (text unchanged)

.04 Selection Procedures.

A. Each participating local school system shall:

(1)—(2) (text unchanged)

(3) Forward names of initial candidates for the financial incentive program to the [State Board of Education by January 1] Department in accordance with the timelines established by the Department, with the following information:

(a)—(c) (text unchanged)

[(d) The NBPTS certificate area;]

[(e)] (d)—[(f)] (e)(text unchanged)

(4) Forward names of renewal and retake candidates for the financial incentive program to the [State Board of Education by January 1] Department in accordance with the timelines established by the Department, with the information required under Regulation .04A(3)(a)—(c) of this chapter.

B. The State Board of Education shall select initial, renewal, and retake candidates for National Board certification [by February 1] and promptly notify the respective school system and candidates in writing.

C. Funding for the National Board Incentive Program is contingent upon appropriations by the General Assembly, and individual participation is not guaranteed.

.06 Costs.

A. Costs for the fee charged by NBPTS shall be shared in the following manner:

[A.] (1) The State Board of Education shall pay 2/3 of the National Board certification fee, and the local school system shall pay 1/3 of the National Board certification fee for an initial or renewal candidate; and

[B.] (2) Subject to the annual appropriation by the Maryland General Assembly, the State Board of Education may pay 2/3 of the National Board certification fee, and the local school system may pay 1/3 of the National Board certification fee, for a candidate to pursue one retake for National Board certification[; and].

[C.] B. Reimbursement.

(1) A candidate who does not complete the National Board certification process shall reimburse the State Board of Education the full amount of the aid, and the State Board of Education shall reimburse the local school system its share.

(2) A candidate who completes the certification process but does not achieve National Board Certification, is not required to reimburse the amount of the aid.

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

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 02 ACADEMIC REGULATIONS

Notice of Proposed Action

[17-309-P]

The Maryland Higher Education Commission proposes to:

(1) Amend Regulations .03 and .21 under COMAR 13B.02.01 Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland;

(2) Amend Regulations .03 and .16 under COMAR 13B.02.02 Minimum Requirements for In-State Degree-Granting Institutions; and

(3) Amend Regulations .02, .02-1, .03, .06, .07, .10, .11, .13, .15, and .22 and adopt new Regulation .29 under COMAR 13B.02.03 Academic Programs — Degree-Granting Institutions.

This action was considered at a public meeting of the Commission on November 25, 2017.

Statement of Purpose

The purpose of this action is to amend academic regulations of the Commission in order that certain institutions of higher education may offer distance education in certain circumstances, and that certain institutions may alter a program modality (i.e., distance education or on-campus education) upon prior notice to the Commission.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposal will reduce fees paid by an institution of higher education when it alters a program modality from an on-campus to online format, or visa-versa.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

Fees to institutions

(R-)

Minimal

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Reduction in fees

(+)

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.)

A. An institution that previously would have been required to submit a substantial program modification application and $250 fee to the Commission in order to change program modalities now will submit a notification with a $50 fee to the Commission. Based on prior years, the reduction in revenues is likely to be less than $5,000 annually.

D. An institution that previously was required to pay a $250 fee in order to change a program modality now will be required to pay a $50 fee. In addition, institutions will have to expend fewer resources on completing substantial modification applications; a change in program modality will require notification only.

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 Emily A.A. Dow, Ph.D., Assistant Secretary, Maryland Higher Education Commission, 6 North Liberty Street, Baltimore, MD 21201, or call 410-767-3300, or email to emily.dow@maryland.gov. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

 

13B.02.01 Requirements for Authorization of Out-of-State Degree-Granting Institutions to Operate in Maryland

Authority: Education Article, §§11-105(b), (h), and (u), 11-201, 11-202, 11-203, and 11-206, Annotated Code of Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(5) (text unchanged)

(5-1) “C-RAC guidelines” means the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.

(6)—(7) (text unchanged)

(8) [Distance Education.

(a)] "Distance education" means [course work for academic credit delivered by telecommunicated instruction to a physical space specifically reserved for the purpose of receiving the instruction, for example, a teleclassroom, and requires the payment of tuition or fees for the instruction] education that uses one or more of the following technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor synchronously or asynchronously:

(a) Internet;

(b) One-way and two-way transmissions through open broadcasts, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communication devices;

(c) Audio conferencing; and

(d) Video cassette, DVDs, and CD-ROMs, if the cassette, DVDs, and CD-ROMs are used in a course in conjunction with a technology listed in §B(8)(a)—(c) of this regulation.

[(b) "Distance education" does not include telecommunicated instruction at the student's initiation via an individual personal computer.]

(9)—(18) (text unchanged)

.21 Instruction Delivered by Distance Education.

[A.] An out-of-State institution operating in Maryland and delivering instruction in Maryland by distance education shall provide evidence to the Secretary of compliance with the [standards of good practice] C-RAC guidelines. [in §B of this regulation.]

[B. Standards of Good Practice for Distance Education.

 (1) Curriculum and Instruction.

(a) A program of study shall be developed by a team of faculty, administrators, and technologists.

(b) A program of study shall result in learning outcomes appropriate to the rigor and breadth of the degree program offered.

(c) A degree program delivered by distance education shall be coherent and complete.

(d) A program shall provide for appropriate real-time or delayed interaction between faculty and students.

(e) Qualified faculty shall provide appropriate oversight of the program offered.

(f) Faculty members in appropriate disciplines shall participate in the design and planning of programs and courses to be delivered by distance learning.

(2) Role and Mission.

(a) The program shall be consistent with the institution's mission.

(b) Review and approval processes shall ensure the appropriateness of the technology being used to meet a program's objectives.

(3) Faculty Support.

(a) Principles of good practice for teaching in a distance learning format shall be developed and maintained by the faculty.

(b) A program shall provide faculty support services specifically related to teaching via distance education.

(c) The program shall provide training for faculty who teach via the use of technology.

(4) Resources for Learning. A program shall ensure that appropriate learning resources are available to students.

(5) Students and Student Services.

(a) A program shall provide students with clear, complete, and timely information on the:

(i) Curriculum;

(ii) Course and degree requirements;

(iii) Nature of faculty/student interaction;

(iv) Assumptions about technology competence and skills;

(v) Technical equipment requirements;

(vi) Availability of academic support services and financial aid resources; and

(vii) Costs and payment policies.

(b) Enrolled students shall have reasonable and adequate access to the range of student services to support their learning.

(c) Accepted students shall have the background, knowledge, and technical skills needed to undertake the program.

(d) Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available.

(6) Commitment to Support.

(a) Policies for faculty evaluation shall include appropriate consideration of teaching and scholarly activities related to programs offered through distance learning.

(b) An institution shall demonstrate a commitment to ongoing support, both financial and technical, and to a continuation of the program for a period sufficient to enable students to complete a degree/certificate.

(7) Evaluation and Assessment.

(a) An institution shall evaluate the program's educational effectiveness, including assessments of student learning outcomes, student retention, student and faculty satisfaction, and cost effectiveness.

(b) An institution shall provide for assessment and documentation of student achievement in each course and at the completion of the program.]

 

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

Authority: Education Article, §§11-105(u), 11-201, 11-202, 11-203, and 11-206, Annotated Code of Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(6) (text unchanged)

(6-1)“C-RAC guidelines” means the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.

(7)—(8) (text unchanged)

(9) [Distance Education.

(a)] "Distance education" means [course work for academic credit delivered by telecommunicated instruction to a physical space specifically reserved for the purpose of receiving the instruction, for example, a teleclassroom, and requires the payment of tuition or fees for the instruction] education that uses one or more of the following technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor synchronously or asynchronously:

(a) Internet;

(b) One-way and two-way transmissions through open broadcasts, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communication devices;

(c) Audio conferencing; and

(d) Video cassette, DVDs, and CD-ROMs, if the cassette, DVDs, and CD-ROMs are used in a course in conjunction with a technology listed in §B(9)(a)—(c) of this regulation.

[(b) "Distance education" does not include telecommunicated instruction at the student's initiation via an individual personal computer.]

(10)—(30) (text unchanged)

.16 Graduation Requirements.

A.—N. (text unchanged)

O. Instruction Delivered by Distance Education.

[(1)] An in-State institution delivering instruction in Maryland by distance education shall provide evidence to the Secretary of compliance with the [standards of good practice] C-RAC guidelines. [in §O(2) of this regulation.]

[(2) Standards of Good Practice for Distance Education.

(a) Curriculum and Instruction.

(i) A program of study shall be developed by a team of faculty, administrators, and technologists.

(ii) A program of study shall result in learning outcomes appropriate to the rigor and breadth of the degree program offered.

(iii) A degree program delivered by distance education shall be coherent and complete.

(iv) A program shall provide for appropriate real-time or delayed interaction between faculty and students.

(v) Qualified faculty shall provide appropriate oversight of the program offered.

(vi) Faculty members in appropriate disciplines shall participate in the design and planning of programs and courses to be delivered by distance learning.

(b) Role and Mission.

(i) A program shall be consistent with the in-State institution's mission.

(ii) Review and approval processes shall ensure the appropriateness of the technology being used to meet a program's objectives.

(c) Faculty Support.

(i) Principles of good practice for teaching in a distance learning format shall be developed and maintained by the faculty.

(ii) A program shall provide faculty support services specifically related to teaching via distance education.

(iii) A program shall provide training for faculty who teach via the use of technology.

(d) A program shall ensure that appropriate learning resources are available to students.

(e) Students and Student Services.

(i) A program shall provide students with clear, complete, and timely information on the curriculum, course and degree requirements, nature of faculty/student interaction, assumptions about technology competence and skills, technical equipment requirements, availability of academic support services and financial aid resources, and costs and payment policies.

(ii) Enrolled students shall have reasonable and adequate access to the range of student services to support their learning.

(iii) Accepted students shall have the background, knowledge, and technical skills needed to undertake the program.

(iv) Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available.

(f) Commitment to Support.

(i) Policies for faculty evaluation shall include appropriate consideration of teaching and scholarly activities related to programs offered through distance learning.

(ii) An in-State institution shall demonstrate a commitment to ongoing support, both financial and technical, and to a continuation of the program for a period sufficient to enable students to complete a degree/certificate.

(g) Evaluation and Assessment.

(i) An in-State institution shall evaluate the program's educational effectiveness, including assessments of student learning outcomes, student retention, student and faculty satisfaction, and cost-effectiveness.

(ii) An institution shall provide for assessment and documentation of student achievement in each course and at the completion of the program.]

 

13B.02.03 Academic Programs — Degree-Granting Institutions

Authority: Education Article, §§11-105(u), 11-201, 11-202, 11-203, and 11-206, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(4) (text unchanged)

(4-1) “C-RAC guidelines” means the Interregional Guidelines for the Evaluation of Distance Education adopted by the Council of Regional Accrediting Commissions.

(5) (text unchanged)

(6) “Distance education” means [course work taught by an institution through electronic distribution of instruction to a site other than the principal location of the institution, and advertised or described as leading to the formal award of a certificate or degree] education that uses one or more of the following technologies to deliver instruction to students who are separated from the instructor, and to support regular and substantive interaction between the students and the instructor synchronously or asynchronously:

(a) Internet;

(b) One-way and two-way transmissions through open broadcasts, closed circuit, cable, microwave, broadband lines, fiber optics, satellite or wireless communication devices;

(c) Audio conferencing; and

(d) Video cassette, DVDs, and CD-ROMs, if the cassette, DVDs, and CD-ROMs are used in a course in conjunction with a technology listed in §B(6)(a)—(c) of this regulation.

(7) “Distance education course” means a course in which the instructional content is delivered exclusively via distance education, except that requirements for coming to campus for orientation, testing, or academic support services do not exclude a course from being classified as a distance education course.

[(7)] (8) “Distance education program” means [:

(a) For an institution of higher education other than a community college, a program in which more than 50 percent of the program is offered through electronic distribution of instruction to one or more sites other than the principal location of an institution; or

(b) For a community college, a program in which more than 50 percent of the program is offered through electronic distribution of instruction outside the community college service area] a program for which all the required coursework for program completion may be completed by distance education courses.

[(8)] (9)—[(15)] (16) (text unchanged)

(17) On-campus Education.

(a) “On-campus education” means education in which the instruction occurs when the learner or  learners and the instructor or instructors are in the same location, synchronously to all students.

(b) “On- campus education” may incorporate elements of technology, and may be web-enhanced, e.g., instruction with standard meeting places and times, which include an electronic component to deliver homework assignments or require e-mail exchanges between the instructor and students.

(18) “On-campus program” means a program that is not a distance education program.

[(16)] (19)— [(19)] (22) (text unchanged)

(23) “Program modality” means:

(1) Distance education; or

(2) On-campus education.

[(20)] (24)[(26)] (30) (text unchanged)  

.02-1 Program Review Fees.

A. (text unchanged)

B. The following schedule sets forth the fees for academic program review actions.

 

Category

Actions Covered

Fee

No Fee

• Articulation Agreement • Code Change • Request for Proposal from Community College

$0

Nominal Fee

• Discontinued Program • Suspend Program • Reactivate Program • Change Program Title • Notification of a Change in Program Modality • Non-Substantial Program Change • Substantial Change to Area of Concentration • Substantial Change to Certificate Program

$50

Modest Fee

• New Area of Concentration • New Certificate Program Within an Existing Program • Closed Site Approval • Statewide and Health Manpower Designations • Substantial Change to Degree Program • Off-Campus Program

$250

Substantial Fee

• New Stand-Alone Certificate Program • New Academic Program • BTPS Program • Cooperative Degree Program • New Academic Program At Approved Out-of-State Institution Within a Non-Renewal Year

$850

New Degree Level Fee

• New Degree Level Approval

$5,000 for up to two degree programs plus $1,000 for each degree program over two programs

C. (text unchanged)

.03 Statutory Authority of the Commission Regarding Academic Program Review, Approval, and Recommendation.

A.—D. (text unchanged)

E. An institution shall submit a program proposal for a substantial modification to:

(1) (text unchanged)

[(2) Convert more than 50 percent of a program previously approved for offering in a distance education format to a classroom or site-based learning format, or convert more than 50 percent of a program previously approved for offering in a classroom or site-based learning format to a distance education format;]

[(3)] (2)— [(5)] (4)(text unchanged)

F.—I. (text unchanged)

.06 Criteria for Program Review.

A program proposal shall address the following areas:

A.—F. (text unchanged)

G. Adequacy of curriculum design, program modality, and delivery to related learning outcomes consistent with Regulation .10 of this chapter;

H.—M. (text unchanged)

N. Consistency with the Commission's minority student achievement goals; [and]

O. Relationship to low productivity programs identified by the Commission[.]; and

P. Adequacy of distance education programs under Regulation .22 of this chapter.

.07 Mission and Planning Priorities.

A. (text unchanged)

B. A proposed program shall be:

(1) (text unchanged)

(2) Related to the program emphasis as outlined in the mission statement; [and]

(3) An institutional priority for program development consistent with the institution’s strategic planning process[.]; and

(4) Adequately funded for at least the first 5 years of program implementation.

C. An institution shall demonstrate a commitment to:

(1) Ongoing administrative, financial, and technical support of a program; and

(2) Continuation of the program for a period of time sufficient to allow enrolled students to complete the program.

.10 Adequacy of Curriculum Design, Program Modality, and Related Learning Outcomes.

A. A program shall be established and overseen by qualified faculty.

B. Faculty members in relevant disciplines in collaboration with other appropriate institutional personnel shall participate in the design of courses.

[A.] C. (text unchanged)

D. A program shall result in learning outcomes appropriate to the rigor and breadth of the program.

E. An institution shall provide for assessment of, and shall document, student achievement of learning outcomes in a program.

[B.] F. (text unchanged)

G. The program modality shall be appropriate to meet a program's objectives.

H. Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available.

I. A program shall provide students with clear, complete, and timely information on the curriculum, course and degree requirements, nature of faculty/student interaction, assumptions about technology competence and skills, technical equipment requirements, learning management system, availability of academic support services and financial aid resources, and costs and payment policies.

[C.] J. [E.] L. (text unchanged)

.11 Faculty Resources.

A.—G. (text unchanged)

H. An institution shall provide ongoing pedagogy training for faculty in evidenced-based best practices, including training in:

(1) Pedagogy that meets the needs of the students;

(2) The learning management system; and

(3) Evidenced-based best practices for distance education, if distance education is offered.

.13 Physical Facilities and Instructional Equipment.

A.—B. (text unchanged)

C. An institution offering distance education shall ensure that students and faculty have adequate access to:

(1) An institutional electronic mailing system, and

(2) A learning management system that provides the necessary technological support for distance education.

.15 Adequacy of Provisions for Evaluation of Programs.

A.—B. (text unchanged)

C. An institution shall evaluate a program's educational effectiveness, including assessments of student learning outcomes, student retention, student and faculty satisfaction, and cost-effectiveness.

.22 Distance Education.

[A. The Commission shall review a distance education program proposal under the criteria established in Regulation .06 of this chapter.

B. A program proposal for a distance education program shall be submitted by the institution to the Commission before implementation and contain the following information:

(1) The title of the program and the degree or certificate to be awarded;

(2) The resource requirements for the program and the source of funds to support the program for the first 2 years of program implementation;

(3) The need and demand for the program in terms of:

(a) Specific local, State, and national needs for graduates;

(b) Job opportunities that are available to those who complete the program; and

(c) Evidence of market demand through supporting data, including results of surveys that have recently been conducted;

(4) If a similar program is offered within the State, a description of:

(a) Similarities or differences in the degree to be awarded;

(b) Area of specialization; and

(c) Specific academic content of the program;

(5) A description of the method of instructional delivery; and

(6) A brief description of the academic oversight, quality control, and student services to be provided.

C. Principles of Good Practice.

(1) This section applies to distance education and distance education programs offered by an institution of higher education operating in this State that is required to have a certificate of approval from the Commission under COMAR 13B.02.01 or 13B.02.02.

(2) An institution shall provide evidence to the Secretary of compliance with the principles of good practice in this section.

(3) Principles of Good Practice for Distance Education.

(a) Curriculum and Instruction.

(i) A distance education program shall be established and overseen by qualified faculty.

(ii) A program’s curriculum shall be coherent, cohesive, and comparable in academic rigor to programs offered in traditional instructional formats.

(iii) A program shall result in learning outcomes appropriate to the rigor and breadth of the program.

(iv) A program shall provide for appropriate real-time or delayed interaction between faculty and students.

(v) Faculty members in appropriate disciplines in collaboration with other institutional personnel shall participate in the design of courses offered through a distance education program.

(b) Role and Mission.

(i) A distance education program shall be consistent with the institution's mission.

(ii) Review and approval processes shall ensure the appropriateness of the technology being used to meet a program's objectives.

(c) Faculty Support.

(i) An institution shall provide for training for faculty who teach with the use of technology in a distance education format, including training in the learning management system and the pedagogy of distance education.

(ii) Principles of best practice for teaching in a distance education format shall be developed and maintained by the faculty.

(iii) An institution shall provide faculty support services specifically related to teaching through a distance education format.

(d) An institution shall ensure that appropriate learning resources are available to students including appropriate and adequate library services and resources.

(e) Students and Student Services.

(i) A distance education program shall provide students with clear, complete, and timely information on the curriculum, course and degree requirements, nature of faculty/student interaction, assumptions about technology competence and skills, technical equipment requirements, learning management system, availability of academic support services and financial aid resources, and costs and payment policies.

(ii) Enrolled students shall have reasonable and adequate access to the range of student services to support their distance education activities.

(iii) Accepted students shall have the background, knowledge, and technical skills needed to undertake a distance education program.

(iv) Advertising, recruiting, and admissions materials shall clearly and accurately represent the program and the services available.

(f) Commitment to Support.

(i) Policies for faculty evaluation shall include appropriate consideration of teaching and scholarly activities related to distance education programs.

(ii) An institution shall demonstrate a commitment to ongoing support, both financial and technical, and to continuation of a program for a period sufficient to enable students to complete a degree or certificate.

(g) Evaluation and Assessment.

(i) An institution shall evaluate a distance education program's educational effectiveness, including assessments of student learning outcomes, student retention, student and faculty satisfaction, and cost-effectiveness.

(ii) An institution shall demonstrate an evidence-based approach to best online teaching practices.

(iii) An institution shall provide for assessment and documentation of student achievement of learning outcomes in a distance education program.]

A. An institution may not utilize distance education as a program modality unless the institution:

(1) As of January 1, 2018, offers at least one distance education program that has been approved by the Commission and that has received appropriate designation from the institutional accreditor; or

(2) Is designated by the Secretary, under §B of  this regulation, as an institution eligible to provide distance education.

B. Designation as an Institution Eligible to Provide Distance Education.

(1) An institution of higher education operating in the State that is required to have a certificate of approval from the Commission under COMAR 13.02.01 or 13B.02.02 may request that the Secretary designate the institution as eligible to provide distance education.

(2) An institution desiring to be designated as eligible to provide distance education shall submit an application to the Secretary, on a form prescribed by the Secretary, that:

(a) Demonstrates that:

(i) Distance education is consistent with the institution's mission;

(ii) Institutional resources and the source of funds to support distance education are sufficient;

(iii) Academic oversight, quality control, and student services to be provided shall be sufficient to provide distance education;

(iv) Student supports, including but not limited to technical support, learning resources such as library resources, student support services such as disability services, and student services such as financial aid, academic advising, and career planning, shall be sufficient to support students enrolled in distance education; and

(v) Faculty supports shall provide for best practices and pedagogy in distance education; and

(b) Includes:

(i) A list of intended programs to be offered as distance education;

(ii) An affirmation that a program’s curriculum and objectives shall be coherent, cohesive, and comparable regardless of program modality;

(iii) A signed statement from the President of the institution that the institution shall comply with the C-RAC guidelines; and

(iv) Any complimentary materials submitted to the institutional accreditor for approval to offer distance education.

(3) The Secretary shall review a complete application submitted under §B(2) of this regulation and shall:

(a) Approve the application if it satisfies the criteria set forth in §B(2) of this regulation; or

(b) Disapprove the application, and provide a description of the reasons that the application did not satisfy the criteria set forth in subsection (2) of this section.

C. An institution offering distance education shall comply with the C-RAC guidelines.

.29 Change of Program Modality.

A. Subject to COMAR 13B.02.03.22, an institution that has received approval to operate a program may add, change, suspend, or discontinue a program modality if the institution provides advance notice to the Commission in accordance with §B of this regulation.

B.  An institution’s notice to the Commission shall include:

(1) The name and degree of the program;

(2) The HEGIS and CIP code of the program;

(3) A description of, and rationale for, the addition, change, suspension, or discontinuation of program modality;

(4) An affirmation that the program’s most recently approved curriculum and objectives are coherent, cohesive, and comparable, regardless of program modality;

(5) The planned implementation date of the addition, change, suspension, or discontinuation of program modality; and

(6) For any suspension or discontinuation of a program modality:

(a) The number of students enrolled in the program who are using that program modality and their expected graduation dates; and

(b) A plan that covers each of the students using the program’s modality to ensure that:

(i) The student’s time to completion of the program is not increased; and

(ii) Students and faculty continue to have access to course material, student services, and academic support for the duration of the program.

C. The Commission shall review the notice to determine whether it is complete under §B of this regulation, and whether the program subject to the modality change received approval from the Commission. If, upon review of the notice, the Commission determines that the notice is incomplete or that the program has not received Commission approval:

(1) The Commission shall notify the institution of the missing information or the lack of approval;

(2) The institution shall withdraw the notice, submit the missing information, or submit a program proposal or substantial modification proposal, as applicable; and

(3) The institution may not commence a program until it has been approved by the Commission under this chapter.

D. Effect on Conditional Program Approvals.

(1) This regulation may not be construed to expand program approval beyond any conditions, including geographic restrictions, that the Commission placed upon the original approval of the program.

(2) An institution may not operate a program in violation of the geographic restrictions or other conditions placed upon the program by the Commission unless it first receives approval for a new program, or approval for a substantial modification of the program, under Regulation .03 of this chapter.

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

 

Title 14
INDEPENDENT AGENCIES

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.01 General Administrative

Authority: Health-General Article, §4-303; Labor and Employment Article, §§9-307, 9-309, 9-310.2, 9-314, 9-404, 9-405, 9-410, 9-602, 9-603, 9-610.1, 9-625, 9-635, 9-689, 9-701, 9-709, 9-710, 9-711, 9-721, 9-731, 9-736, 9-739, and 9-6A-07; Insurance Article, §§19-405 and 19-406; State Government Article, §10-1103; Annotated Code of Maryland

Notice of Proposed Action

[17-222-P]

The Workers' Compensation Commission proposes to amend Regulations .01, .03, and .04 under COMAR 14.09.01 General Administrative. This action was considered at a public meeting held on June 22, 2017, notice of which was given by publication in 44:11 Md. R. 573 (May 26, 2017), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to facilitate the filing and service of forms and documents by electronic means, and to clarify that electronic signatures are permitted.

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 Amy Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300 (TTY 800-735-2258), or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (15) (text unchanged)

(16) “Signature” includes electronic signature pursuant to Commercial Law Article, §21-101(i), Annotated Code of Maryland.

[(16)] (17) — [(21)] (22) (text unchanged)

.03 Service of Papers.

A. (text unchanged)

B. Service by Parties.

(1) — (2) (text unchanged)

(3) Service may be made by:

(a) (text unchanged)

(b) Leaving the papers at that person's office with an individual in charge, or, if there is no one in charge, leaving the papers in a conspicuous place in the office, or, if the office is closed or the person has no office, leaving the papers at the person's usual place of residence with an individual of suitable age and discretion residing there; [or]

(c) Mailing the papers to the address most recently stated in a paper filed by the party or attorney, or if not stated, to the last known address[.]; or

(d) Electronic means.

(4) (text unchanged)

(5) Service by electronic means is complete upon receipt of electronic filing or service.

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

.04 Filing Forms and Documents with the Commission.

[A. With the exception of filing and amending claims in accordance with Regulation 14.09.02.02, forms] Forms and documents may be filed with the Commission by one of the following methods:

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

[B. All documents filed with the Commission after 4:30 p.m., electronically or otherwise, are considered to be received by the Commission on the next business day.]

R. KARL AUMANN
Chairman

 

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.02 Requirements for Filing and Amending Claims

Authority: Labor and Employment Article, §§9-309, 9-314, 9-402, 9-404,
9-602, 9-701, 9-709—9-711, and 9-736; State Government Article, §10-1103; Annotated Code of Maryland

Notice of Proposed Action

[17-227-P]

The Workers' Compensation Commission proposes to amend Regulations .02 and .03 under COMAR 14.09.02 Requirements for Filing and Amending Claims. This action was considered at a public meeting held on June 22, 2017, notice of which was given by publication in 44:11 Md. R. 573 (May 26, 2017), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to require that claims by represented claimants be filed electronically, to simplify the electronic filing and acceptance of claims, and to remove the obsolete requirement that service of papers be made by mail.

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 Amy Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300 (TTY 800-735-2258), or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.02 Requirements for Filing and Amending Claims.

A. Claim for Benefits.

(1) To initiate a claim for benefits, an employee shall file a claim form with the Commission[.] as follows:

(a) If represented by counsel, counsel shall file the claim on behalf of the employee electronically through the WFMS; or

(b) If unrepresented by counsel, the employee may file the claim:

(i) Electronically through the public portal; or

(ii) By paper form.

(2) The Commission shall reject [and return to the claimant] a claim form that does not contain sufficient information to process the claim, including:

(a) — (g) (text unchanged)

(3) — (6) (text unchanged

(7) The Commission shall reject [and return to the claimant] a claim form that does not contain a signed authorization for disclosure of health information.

(8) Date of Filing When Filed [Exclusively] by Paper Form.

(a) (text unchanged)

(b) For any claim form that has not been rejected [or returned] as incomplete under §A(2) of this regulation, the Commission’s date of receipt is determined by the date stamp affixed on the claim form.

(9) Date of Filing [Following Electronic Submission] When Submitted Electronically.

[(a) A claim that is submitted electronically is not considered filed until the signed claim form, including the signed authorization for disclosure of health information, is received by the Commission in person or by mail addressed to the Commission’s principal office in Baltimore City.]

[(b)] (a) For any claim form that has not been rejected [or returned as incomplete] under §A(2) of this regulation, the [Commission’s] date of receipt is determined by the date stamp affixed on the electronically submitted claim form, provided that the signed claim form, including the signed authorization for disclosure of health information, is [received] verified by the Commission [in person or by mail addressed to the Commission’s principal office in Baltimore City within 30 days of the electronically submitted claim].

[(c)] (b) [For any] A claim electronically submitted but not [received] verified by the Commission as provided in §A(9)(b) of this regulation[, the claim will be dismissed without prejudice] is not considered filed.

B. (text unchanged)

C. Amendment of Claim to Add or Remove a Body Part.

(1)—(4) (text unchanged)

(5) The Commission shall reject [and return to the claimant] a claim amendment form that does not contain a signed authorization for disclosure of health information.

 

.03 Amendment of Claim to Add an Additional Party, Including the Subsequent Injury Fund and Uninsured Employers’ Fund.

A. — B. (text unchanged)

C. Impleading the Subsequent Injury Fund.

(1) — (2) (text unchanged)

(3) Within 10 days of filing the Request to Implead a Party form, and any other required documents, the impleading party shall provide the following to the SIF and all other parties to the claim:

(a) — (b) (text unchanged

(c) A certification providing that a copy of the Request to Implead a Party form, along with all required information and documents, have been [mailed to] served on the SIF and all other parties to the claim.

(4) (text unchanged)

R. KARL AUMANN
Chairman

 

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.02 Requirements for Filing and Amending Claims

Authority: Labor and Employment Article, §§9-309, 9-314, 9-402, 9-404,
9-602, 9-701, 9-709—9-711, and 9-736; State Government Article, §10-1103; Annotated Code of Maryland

Notice of Proposed Action

[17-233-P]

The Workers' Compensation Commission proposes to amend Regulation .04 under COMAR 14.09.02 Requirements for Filing and Amending Claims. This action was considered at a public meeting held on July 27, 2017, notice of which was given by publication in 44:14 Md. R. 744 (July 7, 2017), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to simplify the electronic filing and acceptance of claims, and to remove the obsolete requirement that service of papers be made by mail.

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 Amy S. Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300, or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.04 Death and Funeral Benefits.

A. (text unchanged)

B. Dependent Claim for Death Benefits.

(1) (text unchanged)

 (2) The Commission may reject [and return to the dependent claimant or authorized individual] a claim form that does not contain sufficient information to process the claim including:

(a)—(j) (text unchanged)

(3)—(6) (text unchanged)

(7) The Commission shall reject [and return to the dependent claimant or authorized individual] a dependent death benefits claim form that does not contain a signed authorization for disclosure of health information.

(8) — (9) (text unchanged)

C. Claim for Funeral Benefits Only.

(1) (text unchanged)

 (2) The Commission may reject [and return to the filing party] a funeral benefits only claim form that does not contain sufficient information to process the claim including:

(a) — (e) (text unchanged)

(3) — (4) (text unchanged)

R. KARL AUMANN
Chairman

 

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.04 Legal Representation and Fees

Authority: Labor and Employment Article, §§9-309, 9-721, and 9-731, Annotated Code of Maryland

Notice of Proposed Action

[17-226-P]

The Workers' Compensation Commission proposes to amend Regulations .01 — .03 under COMAR 14.09.04 Legal Representation and Fees. This action was considered at a public meeting held on June 22, 2017, notice of which was given by publication in 44:11 Md. R. 573 (May 26, 2017), pursuant to General Provisions Article, §3-302(c) Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to require attorneys to register for the WFMS, to automate the entry of appearance when filing electronically, to require filing a notice to withdraw an attorney’s appearance, and to clarify that attorneys are required to file the same consent form or petition for attorney’s fees under COMAR14.09.04.02 whether the matter is resolved by award, settlement, or stipulation.

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 Amy Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300 (TTY 800-735-2258), or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.01 Legal Representation.

A. (text unchanged)

B. Attorney Registration with Commission.

(1) An attorney wishing to practice before the Commission shall:

(a) Register for the WFMS in accordance with COMAR 14.09.01.09;

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

(2) (text unchanged)

C. Entry of Appearance.

(1) An attorney representing a claimant enters an appearance as attorney of record automatically when the attorney files the claim electronically.

[(1)] (2) [An] Except as provided in §C(1) of this regulation, an attorney representing a party in a claim shall complete and file an Entry of Appearance form with the Commission to establish an attorney of record.

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

D. Notices.

(1) If a party is represented by an attorney, notices to the party may be [mailed to] served on the attorney of record only.

(2) (text unchanged)

E. Termination of Representation. An attorney whose appearance has been entered on behalf of a party to a claim remains the attorney of record for the party to that claim until the attorney files a Notice to Withdraw Appearance form accompanied by:

[(1) The attorney:

(a) Files a Request to Strike Appearance form;

(b) Certifies that a copy of the Request to Strike Appearance was mailed to all parties; and

(c) Certifies that notice of any pending hearing was mailed to the attorney's client; or

(2) The party requests that the Commission strike the appearance of the attorney.]

(1) The client’s written consent to the withdrawal; or

(2) Certification that, at least 15 days prior to the filing of the Notice, a copy of the following was mailed to the client and that the client had consented or had not responded:

(a) Notice to Withdraw Appearance; and

(b) Notice advising the client:

(i) To have another attorney enter an appearance; or

(ii) To notify the Commission in writing of the client’s intention to proceed in proper person.

F. The attorney filing the Notice to Withdraw Appearance shall also certify that:

(1) Copies of the Notice to Withdraw Appearance form with the attachment required by this regulation were served on all parties; and

(2) Notice of any pending hearing was mailed to the attorney’s client.

.02 Attorney's Fee [and], Medical Evaluation Fee, and Costs — Application or Petition for Approval.

A. Request for Attorney’s Fee Not in Excess of Schedule.

(1) An attorney seeking approval of an attorney's fee that does not exceed the maximum amount set forth in Regulation .03 of this chapter, [may] shall request approval of the fee by filing the Claimant's Consent to Pay [Attorney and Doctor Fee] Fees and Costs form.

(2) A completed Claimant's Consent to Pay [Attorney and Doctor Fee] Fees and Costs form shall:

(a) — (d) (text unchanged)

(3) — (8) (text unchanged)

B. Petition for Attorney’s Fee in Excess of Schedule.

(1) — (3) (text unchanged)

C. (text unchanged)

.03 Schedule of Attorney's Fees.

A. (text unchanged)

B. Schedule of Fees.

(1) — (6) (text unchanged)

(7) Settlement Agreements.

(a) In a case in which an agreement of final compromise and settlement is approved, and upon the filing of an application or petition for an attorney’s fee in accordance with Regulation .02 of this chapter, the Commission may approve an attorney's fee in accordance with this regulation.

(b) — (g) (text unchanged)

(8) — (9) (text unchanged)

C. (text unchanged)

R. KARL AUMANN
Chairman

 

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.07 Vocational Rehabilitation Practitioners

Authority: Labor and Employment Article, §§9-309, 9-6A-04, and 9-6A-07, Annotated Code of Maryland

Notice of Proposed Action

[17-221-P]

The Workers' Compensation Commission proposes to amend Regulations .02 and .07 under COMAR 14.09.07 Vocational Rehabilitation Practitioners. This action was considered at a public meeting on June 22, 2017, notice of which was given by publication in 44:11 Md. R. 573 (May 26, 2017), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove the obsolete requirement that certain documents be “delivered on” certain parties in favor of the consistent usage that the documents be “served on” certain parties and to permit payment to be made by means other than check or money order.

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 Amy Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300 (TTY 800-735-2258), or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.02 Application Procedures for Registration.

A. To apply for registration with the Commission, an applicant shall submit to the Commission:

(1) — (3) (text unchanged)

(4) [A money order or check] Payment in the amount of the application fee established by the Commission.

B. — E. (text unchanged)

.07 Procedures for Hearings on Complaints.

A. — C. (text unchanged)

D. Decision and Order.

(1) (text unchanged)

(2) A copy of the Commission's decision and order shall be [delivered or mailed to] served on:

(a) — (b) (text unchanged)

E. — F. (text unchanged)

R. KARL AUMANN
Chairman

 

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.10 Settlements and Lump Sum Payments

Authority: Labor and Employment Article, §§9-309, 9-402, 9-403, 9-405, and 9-406, 9-701, and 9-722, Annotated Code of Maryland

Notice of Proposed Action

[17-225-P]

The Workers' Compensation Commission proposes to amend Regulation .02 under COMAR 14.09.10 Settlements and Lump Sum Payments. This action was considered at a public meeting on June 22, 2017, notice of which was given by publication in 44:11 Md. R. 573 (May 26, 2017), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that attorneys are required to file the same consent form or petition for attorney’s fees under COMAR 14.09.04.02 whether the matter is resolved by award, settlement, or stipulation.

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 Amy Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300 (TTY 800-735-2258), or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.02 Agreements for Final Compromise and Settlement.

A. General Requirements. An agreement for final compromise and settlement of a claim that is submitted to the Commission for approval as required by Labor and Employment Article, §9-722, Annotated Code of Maryland, shall contain the following:

(1) (text unchanged)

(2) [A payment allocation sheet including the amount of any deductions for attorney's fees, medical fees, and other costs] An application or petition for approval of attorney’s fees, medical evaluation fees, and costs as provided in COMAR 14.09.04.02;

(3) — (13) (text unchanged)

B. — F. (text unchanged)

R. KARL AUMANN
Chairman

 

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.12 Responsibilities of Insurers

Authority: Insurance Article §19-406; Labor and Employment Article,
§§9-309, 9-404, 9-405, 9-409, 9-410, and 9-744; Annotated Code of Maryland

Notice of Proposed Action

[17-224-P]

The Workers' Compensation Commission proposes to amend Regulations .02 and .03 under COMAR 14.09.12 Responsibilities of Insurers. This action was considered at a public meeting held on June 22, 2017, notice of which was given by publication in 44:11 Md. R. 573 (May 26, 2017), pursuant to General Provisions Article § 3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify what is meant by “competent individual” and to correct an inadvertent omission of the words “to handle.”

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 Amy Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300 (TTY 800-735-2258), or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.02 Notices of Insurance, Cancellation, Reinstatement, and Election of Coverage.

A. Notice of Insurance. When an insurance policy is issued or renewed, the insurer issuing or renewing it shall file a Notice of Insurance with the Commission designee within [30] 45 days after the effective date of the policy.

B. — E. (text unchanged)

.03 Handling and Adjusting Disputed Claims.

A. An insurer that provides workers' compensation insurance in Maryland shall have in the State competent individuals who:

(1) Handle and adjust each disputed workers' compensation claim for the insurer; [and]

(2) Have authority to resolve claims without having to routinely contact an out-of-State representative of the insurer; and

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

B. If an insurer files issues to dispute a claim, the filing shall be done in the State by competent individuals who:

(1) Handle and adjust each disputed workers' compensation claim for the insurer; [and]

(2) Have authority to resolve claims without having to routinely contact an out-of-State representative of the insurer; and

[(2)] (3) Possess the knowledge and experience to handle and adjust each disputed claim.

C. — G. (text unchanged)

R. KARL AUMANN
Chairman

 

Subtitle 09 WORKERS' COMPENSATION COMMISSION

14.09.13 Individual Employer Self-Insurer

Authority: Labor and Employment Article, §§9-309, 9-402, 9-403, 9-405, and 9-406, Annotated Code of Maryland

Notice of Proposed Action

[17-223-P]

The Workers' Compensation Commission proposes to amend Regulations .02 and .04 under COMAR 14.09.13 Individual Employer Self-Insurer. This action was considered at a public meeting held on June 22, 2017, notice of which was given by publication in 44:11 Md. R. 573 (May 26, 2017), pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify what information is to be provided to the Commission when a self-insured voluntarily withdraws from the self-insurance program.

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 Amy Lackington, Administrator, Workers' Compensation Commission, 10 E. Baltimore Street, Baltimore, MD 21202, or call 410-864-5300 (TTY 800-735-2258), or email to alackington@wcc.state.md.us, or fax to 410-864-5301. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Workers' Compensation Commission during a public meeting to be held on February 8, 2018, at 10 E. Baltimore Street, Baltimore, MD 21202.

.02 Application.

A. — B. (text unchanged)

C. Approval.

(1) In determining whether an applicant is eligible for self-insurance and in establishing the amount of surety required, the Commission shall consider all relevant factors including the following:

(a) — (c) (text unchanged)

(d) Workers' compensation loss history of the applicant; [and]

(e) The number of years in business, with a minimum of 3 consecutive years before application[.]; and

(f) Number of employees.

(2) (text unchanged)

.04 Voluntary Withdrawal from the Self-Insurance Program.

A. A self-insurer who voluntarily withdraws its privileges or the privileges of a self-insured subsidiary shall:

(1) [Do so in writing to the Commission. The] Provide written notice [shall be made] to the Commission by personal delivery or by certified mail, return receipt requested[;], including a:

(a) Recent actuarial report;

(b) Claims payment history for up to 5 years; and

(c) Current loss run; and

(2) (text unchanged)

B. (text unchanged)

R. KARL AUMANN
Chairman

 

Subtitle 27 MARYLAND ENVIRONMENTAL SERVICE

14.27.03 Procurement

Authority: Natural Resources Article, §§3-103 and 3-127, Annotated Code of Maryland

Notice of Proposed Action

[17-308-P]

The Maryland Environmental Service proposes to amend Regulation .02 under COMAR 14.27.03 Procurement. This action was considered by the Service at an open meeting held on November 16th, 2017, notice of which was given by publication on the Service website, pursuant to General Provisions, Article §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to authorize Maryland Environmental Service to participate in the State's Small Business Reserve Program.

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 a meaningful economic impact on small business. An analysis of this economic impact follows.

 The Small Business Reserve Program will increase revenue for small business. The program allows the Agency to designate procurements for certified Small Businesses only. According to the Statistics of US Business, US Census Bureau, there are 561,982 small businesses in Maryland. These business’s employed 51 percent of Maryland’s workforce since 2013.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Pamela Fuller, Paralegal at Maryland Environmental Service, 259 Najoles Road, Millersville, MD 21108 or call 410-729-8243, or email to pfull@menv.com, or fax to 410-729-8220. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled."

.02 Scope.

A. — B. (text unchanged)

C. Exemptions.

(1) (text unchanged)

(2) The Service is not exempt from State Finance and Procurement Article, Title 14, [Subtitle 3] Subtitles 3 and 5, and Titles 16 and 17, Annotated Code of Maryland, or the regulations adopted under those statutes.

ROY M. McGRATH
Director

 

Title 20
PUBLIC SERVICE COMMISSION

Subtitle 90 TAXICABS

20.90.01 Taxicab Drivers [of Baltimore City Taxicabs]

Authority: Public Utilities Article, §§2-121, 4-503, 5-101, 10-101—10-107, 10-110, 10-202, 10-208, [and] 10-209, and 10-210, Annotated Code of Maryland

Notice of Proposed Action

[17-297-P]

The Public Service Commission proposes to amend the chapter heading under COMAR 20.90.01 Taxicab Drivers of Baltimore City Taxicabs. This action was considered by the Public Service Commission at a scheduled rule-making meeting held on Thursday, October 19, 2017, notice of which was given under General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to modify the name of the chapter to clarify its application.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David J. Collins, Executive Secretary, Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore, MD 21202, or call 410-767-8067, or fax to 410-333-6495. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

DAVID J. COLLINS
Executive Secretary

 

Subtitle 90 TAXICABS

20.90.02 Taxicabs — Control and Operation [of Taxicabs in Baltimore City and Baltimore County]

Authority: Public Utilities Article, §§2-113, 2-121, 4-503, 5-101, 6-202—
6-207, 10-101—10-107, 10-109, 10-110, 10-202—10-210, 10-301, 13-101, 13-201, and 13-202, Annotated Code of Maryland

Notice of Proposed Action

[17-295-P]

The Public Service Commission proposes to amend Regulations .02, .04, .06, .08, .10, .16, .18, and .23 under COMAR 20.90.02 Control and Operation of Taxicabs in Baltimore City and Baltimore County. This action was considered by the Public Service Commission at a scheduled rule-making meeting held on Thursday, October 19, 2017, notice of which was given under General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the name of the chapter to clarify its application; modify definitions and add “inspection certificate” as a defined term; make the subtitle applicable to all jurisdictions where the Commission regulates taxicabs; broaden and clarify the types of equipment that may be used as taximeters, and require them to accept credit card payment; clarify driver licensing requirements according to licensing jurisdiction, and ensure taxicab identification, websites, and payment centers are accessible.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. There will be minimal economic impact on taxicab companies. There are a total of three taxicab companies in Cumberland, Maryland with a total of 28 cabs. The Commission estimates approximately $500 per taxicab to upgrade the taximeter and equipment to accept credit card payment in Cumberland. There are currently no Commission-regulated taxicabs in Hagerstown. There may also be some minimal costs to meet additional accessibility requirements (e.g., website upgrades, accessible taxicab rear payment centers, and taxicab identification information inside taxicabs) in all jurisdictions where the Commission regulates taxicabs, but these are unquantifiable. However, there will be a benefit to taxicab companies in Cumberland by now providing a credit card payment service that customers want and being better able to compete with Transportation Network Companies that currently offer a credit card payment option. Furthermore, blind and hearing-impaired persons will be able to use taxicab services more easily. As a result, ridership may increase in Cumberland and all jurisdictions in Maryland. The Commission expects these benefits will more than offset the minimal costs identified.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Cost

(-)

Approximately $15,000

(2) Benefit

(+)

Unquantifiable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

Benefit

(+)

Unquantifiable

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

D(1). There will be a minimal economic impact on taxicab companies. There are a total of three taxicab companies in Cumberland, Maryland with a total of 28 cabs. The Commission estimates approximately $500 per taxicab to upgrade the taximeter and equipment to accept credit card payment in Cumberland. There are currently no Commission-regulated taxicabs in Hagerstown. There may also be some minimal costs to meet additional accessibility requirements (e.g., website upgrades, accessible taxicab rear payment centers, and taxicab identification information inside taxicabs) in all jurisdictions where the Commission regulates taxicabs, but these are unquantifiable.

D(2). There will be a benefit to taxicab companies in Cumberland by now providing a credit card payment service that customers want and being better able to compete with Transportation Network Companies that currently offer a credit card payment option. As a result, ridership may increase. The Commission expects these benefits will more than offset the minimal costs identified in D(1).

F. There will be a direct unquantifiable positive impact on the riding public. Customers will be able to pay for taxicab services in their preferred manner. In addition, blind and hearing-impaired persons will be able to use taxicab services more easily.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

The changes to regulation .23 will improve accessibility for taxicab company websites, as well as to taxicab rear seat payment centers and taxicab identification information inside taxicabs.

Opportunity for Public Comment

Comments may be sent to David J. Collins, Executive Secretary, Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore, MD 21202, or call 410-767-8067, or fax to 410-333-6495. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

.02 Applicability.

These regulations apply to the operation of taxicabs [in the City of Baltimore and Baltimore County.] authorized in accordance with Public Utilities Article, §10-202, Annotated Code of Maryland.

.04 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

[(2) "City" means the City of Baltimore.]

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

(4) Inspection Certificate.

(a) “Inspection certificate” means a numbered certificate issued in a form authorized by the Maryland State Police and issued by a facility licensed by the Maryland State Police to perform motor vehicle safety inspections, or issued by a facility licensed by an adjacent state or the District of Columbia to perform motor vehicle safety inspections and in a form acceptable to the licensing authority of the adjacent state or the District of Columbia, if the Commission determines or has previously determined that the vehicle inspection standards of that jurisdiction are materially the same as those adopted by the Maryland State Police.

(b) “Inspection certificate” does not include a vehicle inspection report or sticker.

[(5) "County" means Baltimore County.]

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

[(9)] (8) "Permit" means a permit issued by the Public Service Commission of Maryland authorizing the operation of a motor vehicle as a taxicab subject to any requirements for operation [specified in this chapter.] contained in the permit and authorized by this chapter.

[(10)] (9) "Stand" means any area or space designated for taxicab use by a public authority.

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

[(13)] (12) “Wheelchair accessible vehicle” means a taxicab compliant with the Americans with Disabilities Act (ADA) and the provisions of 49 CFR Part 38.1—38.39 and that is designed and intended to be used for the purpose of transporting persons who use wheelchairs or scooters. [The vehicle shall comply with the provisions of 49 CFR Part 38.1—38.39.]

.06 Requirement of Permit.

A. A taxicab may not be operated until a permit has been obtained from the Public Service Commission for the [City or County, as the case may be, authorizing the operation.] authorized jurisdiction in accordance with Public Utilities Article, §10-202, Annotated Code of Maryland.

B. — F. (text unchanged)

.08 Operating Associations.

Every taxicab shall be operated as a unit of an effective operating group of sufficient number and equipped with communication facilities for rendering satisfactory call service, unless expressly exempted by the Public Service Commission. Owners of small fleets or single taxicabs shall operate as members of a satisfactory operating association and the association shall be equipped with adequate call facilities, so located as to serve all parts of the [City or County,] jurisdiction, as the case may be, and to make possible the effective direction and supervision of call service.

.10 Posting Schedule of Fares and Consumer Rights.

A. — B. (text unchanged)

C. The Consumer Bill of Rights shall [be conspicuously displayed in the rear area of the taxicab.]:

(1) Be conspicuously displayed in the rear area of the taxicab;

(2) Be posted in an accessible format on the taxicab association’s website and on any electronic media that the taxicab association maintains; and

(3) Be provided by the taxicab association in Braille or in large print upon customer request.

D. The taxicab association website shall state that the Consumer Bill of Rights will be provided in Braille and large print upon request.

.16 Taxicabs and Equipment.

A. Identification of Taxicab.

(1) — (2) (text unchanged)

(3) The number by which a taxicab is identified shall also be displayed inside written in Braille and embossed print, and placed in a location accessible to the passenger. The Braille shall conform to the size and spacing standards issued by the National Library Service for the Blind and Physically Handicapped, Library of Congress.

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

B. — C. (text unchanged)

D. Vehicle Replacements. A motor vehicle that is more than [10]12 model years old [or older] may not be used as a taxicab.

E. — F. (text unchanged)

G. Taximeter.

(1) This section does not apply to a taxicab operating in the City of Hagerstown.

[(1)] (2) General Requirements.

(a) (text unchanged)

(b) All taxicabs shall be equipped with meters with the capability to:

(i) Compile extractable operating statistics;

(ii) Post flat fares and extras including a per-mile surcharge for travel outside of a taxicab’s jurisdiction, a flat rate night surcharge, and a baggage fee;

(iii) For operators in Baltimore City, post the Baltimore City for-hire passenger tax in the fare;

(iv) Print passenger receipts;

(v) Print the stored operating statistics in aggregate; and

(vi) Accept credit and debit cards with a rear-seat accessible payment center.

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

[(d)] (e) A person may not operate, or permit to be operated, a taxicab equipped with a taximeter not having its case sealed and the cover and gear intact, or without another device the Public Service Commission approves for measuring the charges for service, and which has received Public Service Commission certification of calibration.

[(2)] (3)[(5)] (6) (text unchanged)

H. — K. (text unchanged)

.18 Operators.

A. — B. (text unchanged)

C. Qualifications of Operator. A taxicab may not be driven by a person who has not been duly licensed by the Department of Motor Vehicles, the Public Service Commission [for Baltimore City, and Baltimore County government.] or, where applicable, a county or local government.

D. — G. (text unchanged)

.23 Accessibility and Nondiscrimination.

A. (text unchanged)

B. A taxicab association:

(1) [Shall, by July 1, 2017,] Shall ensure that the taxicab association’s [websites] websites, [and] mobile applications, and rear-seat payment center are accessible to the blind and visually impaired and the deaf and hard of hearing; and

(2) (text unchanged)

C. —I. (text unchanged)

DAVID J. COLLINS
Executive Secretary

 

Subtitle 90 TAXICABS

20.90.03 Control and Operation of Taxicabs in the City of Cumberland and the City of Hagerstown

Authority: Public Utilities Article, §§2-113, 2-121, 4-503, 5-101, 6-102,
6-202—6-207, 10-101—10-107, 10-109, 10-202—10-208, 10-210, 10-301, 13-201, and 13-202, Annotated Code of Maryland

Notice of Proposed Action

[17-296-P]

The Public Service Commission proposes to repeal Regulations .01—.18 under COMAR 20.90.03 Control and Operation of Taxicabs in the City of Cumberland and the City of Hagerstown in their entirety. This action was considered by the Public Service Commission at a scheduled rule-making meeting held on Thursday, October 19, 2017, notice of which was given under General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to repeal separate regulations governing the control and operation of taxicabs in Hagerstown and Cumberland. As a result of changes to COMAR 20.90.01 and 20.90.02, taxicab services in these areas will now be governed by the same regulations that are applicable to taxicabs in other jurisdictions where the Commission regulates taxicab services.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David J. Collins, Executive Secretary, Public Service Commission, 6 St. Paul Street, 16th Floor, Baltimore, MD 21202, or call 410-767-8067, or fax to 410-333-6495. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

DAVID J. COLLINS
Executive Secretary

 

Title 24
DEPARTMENT OF COMMERCE

Subtitle 05 ECONOMIC DEVELOPMENT

24.05.21 Regional Institution Strategic Enterprise Zone Program

Authority: Economic Development Article, §§2-108 and 5-1401— 5-1407; Tax-General Article, §10-702; Tax Property Article §9-103.1; Annotated Code of Maryland

Notice of Proposed Action

[17-288-P]

     The Secretary proposes to amend Regulation .12 under COMAR 24.05.21 Regional Institution Strategic Enterprise Zone Program.

Statement of Purpose

The purpose of this action is to modify the date to meet reporting requirements to correspond with the current reporting requirements of the Department of Commerce.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David Rawle, Assistant Attorney General, Department of Commerce, 410 E. Pratt St., Suite 541, Baltimore, MD 21202, or call 410-767-6381, or email to david.rawle@maryland.gov, or fax to 410-333-8298. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

.12 Annual Report.

The person or entity identified in the target strategy for preparing the annual report shall submit an annual report to the Department on a [calendar] fiscal year basis by [April] September 15 of the following fiscal year, in the form and containing the information established by the Secretary.

R. MICHAEL GILL
Secretary of Commerce

 

Title 27
CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

Notice of Proposed Action

[17-306-P]

The Critical Area Commission for the Chesapeake and Atlantic Coastal Bays proposes to:

(1) Amend Regulation .01 under COMAR 27.01.01 General Provisions;

(2) Amend Regulation .04 under COMAR 27.01.11 Directives for Updating Critical Area Maps;

(3) Adopt new Regulations .01—.07 under COMAR 27.01.13 Nonwater-Dependent Projects;

(4) Amend Regulation .01 under COMAR 27.02.01 General Provisions; and

(5) Amend Regulation .02 under COMAR 27.03.01 Notification of Project Applications.

This action was considered by the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays at an open meeting held on November 1, 2017, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to incorporate into the COMAR the nonwater-dependent projects provisions found in Environment Article, §16-104, Annotated Code of Maryland, and Natural Resources Article, §8-1808.4, Annotated Code of Maryland, so that local planners and the public can find the requirements in one place in the regulations. The regulations also provide for a process incorporating these provisions into local Critical Area programs. Also, the definition of "pier" is being incorporated into the regulations, one stylistic word change from "shall" to "may" is being proposed, and one update to reflect a change in the statute concerning timing of notice from "next" to "fifth" business day is being proposed.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. There is no fiscal impact on State or local agencies beyond that already assumed in the fiscal and policy note for Ch. 410, Acts of 2014. There may be an increase in revenues for the Maryland Department of the Environment due to an increase in applications which result in fee collection. Businesses may have more clients that require assistance with the application process.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

Critical Area staff time

NONE

Unknown

 

B. On other State agencies:

Maryland Department of the Environment

(R+)

Unknown

C. On local governments:

Local government staff time

NONE

Unknown

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Increase in revenues for the regulated industries.

(+)

Unknown

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The Critical Area staff time may or may not increase depending how many local governments opt into these regulations, and for those that do opt in, how may permits are reviewed.

B. Permit fees associated with a potential increase in applications and an increase in revenue from annual compensation collected.

C. The local government staff time may or may not increase depending on whether that local government opts into these regulations and if so, how many permits are reviewed.

D. Depending on how my local governments opt in to these regulations, for those that do, the regulated industry will see more business to serve the applicants applying for permits.

Economic Impact on Small Businesses

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

“The bill has the potential to have a meaningful positive impact on small businesses that are able to obtain permits or licenses for additional nonwater-dependent projects over State or private wetlands as a result of the bill’s changes. Any small businesses involved in the construction, engineering, or installation of any additional nonwater-dependent projects also benefit. Finally, small businesses involved in the sale and installation of small-scale renewable energy systems may also benefit. However, the number of small businesses impacted by the bill, and the magnitude of any impact, is unknown.” — Fiscal Policy Note from Senate Bill 524

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 Hoerger, Policy Advisor, Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, 1804 West Street, Suite 100, Annapolis, Maryland 21401, or call 410-260-3478, or email to lisa.hoerger@maryland.gov, or fax to 410-974-5338. Comments will be accepted through January 22, 2018. A public hearing has not been scheduled.

 

Subtitle 01 CRITERIA FOR LOCAL CRITICAL AREA PROGRAM DEVELOPMENT

27.01.01 General Provisions

Authority: Natural Resources Article, §§8-1806, 8-1808(c), 8-1808.4(a), and 8-1811, Annotated Code of Maryland

.01 Definitions.

A. [As used in] In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

(1)—(51) (text unchanged)

(51-1) “Pier” has the meaning stated in Natural Resources Article, §8-1808.4(a), Annotated Code of Maryland.

(52)—(78) (text unchanged)

 

27.01.11 Directives for Updating Critical Area Maps

Authority: Ch. 119, Acts of 2008, §§1—4

.04 Mapping Methodology for the Assessment of Physical Features.

A.—D. (text unchanged)

E. A local jurisdiction [shall] may not construe the mapping of an area as a wetland or an upland to affect the allowable density or the number of development rights of that newly mapped area as part of a map update, except in accordance with written requirements and procedures in a local jurisdiction’s Critical Area program.

F.—H. (text unchanged)

 

27.01.13 Nonwater-Dependent Projects

Authority: Natural Resources Article, §8-1808.4, Annotated Code of Maryland; Ch. 492, Acts of 2013, §§1—4

.01 Definition.

A. In this chapter, “nonwater-dependent project” means a temporary or permanent structure that, by reason of its intrinsic nature, use, or operation, does not require location in, on, or over State or private wetlands.

B. “Nonwater-dependent project” includes:

(1) A dwelling unit on a pier;

(2) A restaurant, a shop, an office, or any other commercial building or use on a pier;

(3) A temporary or permanent roof or covering on a pier;

(4) A pier used to support a nonwater-dependent use; and

(5) A small-scale renewable energy system on a pier, including:

(a) A solar energy system and its photovoltaic cells, solar panels, or other necessary equipment;

(b) A geothermal energy system and its geothermal heat exchanger or other necessary equipment; and

(c) A wind energy system and its wind turbine, tower, base, or other necessary equipment.

C. “Nonwater-dependent project” does not include:

(1) A fuel pump or other fuel-dispensing equipment on a pier;

(2) A sanitary sewage pump or other wastewater removal equipment on a pier; or

(3) An office on a pier for managing marina operations, including monitoring vessel traffic, registering vessels, providing docking services, and housing electrical or emergency equipment related to marina operations.

.02 Applicability.

The provisions of this chapter do not apply to a nonwater-dependent project located on State or private wetlands within the Critical Area in Prince George’s County.

.03 General Prohibitions.

Except as provided under Natural Resources Article, §8-1808.4, Annotated Code of Maryland, and Regulations .04 — .06 of this chapter and notwithstanding any other provision of law, on or after July 1, 2013:

A. A person may not construct or establish a nonwater-dependent project on State or private wetlands within the Critical Area; and

B. A local jurisdiction may not issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project constructed or established on State or private wetlands within the Critical Area.

.04 Authorization of a Nonwater-Dependent Project; Local Program Amendments; Local Options.

A. Subject to the prohibition under §E of this regulation, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project on State or private wetlands within the Critical Area if, on or after July 1, 2013, the Commission has approved a local program amendment covering the project, which may include a process for the retroactive consideration of the project.

B. Subject to the prohibition under §E of this regulation, the Commission may approve a local program amendment regarding a nonwater-dependent project if the project:

(1) Satisfies the requirements of:

(a) A commercial nonwater-dependent project under Regulation .05 of this chapter; or

(b) A small-scale renewable energy system under Regulation .06 of this chapter; or

(2) Was constructed or established on or after July 1, 2013 in the absence of, or in violation of, an approved local program amendment but satisfies the requirements under §B(1)(a) or (b) of this regulation, and the local jurisdiction’s program amendment establishes a process for the retroactive consideration of the project.

C. If a nonwater-dependent structure is constructed or established on or after July 1, 2013 in a local jurisdiction that has not received Commission approval of a local program amendment regarding retroactive consideration of a project, the local jurisdiction may:

(1) Submit to the Commission a local program amendment to establish a process for retroactive consideration of the project, and, pending the Commission’s decision regarding the program amendment, may stay any enforcement procedures; or

(2) Provide written notification to the Commission of its decision not to submit a local program amendment under §C(1) of this regulation, which shall activate the following enforcement procedures:

(a) A prohibition on the local jurisdiction’s issuance of a building permit, variance, or special exception or any other retroactive authorization for the project;

(b) Complete removal of the project by, or under the supervision of, the local jurisdiction; and

(c) Any other legal and equitable remedies available to the local jurisdiction under State and local law.

D. If a local program amendment provides for requirements that are more restrictive than the State requirements regarding nonwater-dependent projects under Natural Resources Article,§ 8-1808.4, Annotated Code of Maryland, or under this chapter, the local jurisdiction may establish an alternative procedure for consideration, on a case-by case basis, of a modification of its more restrictive requirements.

E. Notwithstanding any other provision of law, a local jurisdiction may not issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project that fails to satisfy the State requirements established under Natural Resources Article, § 8-1808.4, Annotated Code of Maryland, and this chapter.

.05 Criteria for a Commercial Nonwater-Dependent Project.

Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project located on State or private wetlands within the Critical Area if the project:

A. Involves a commercial activity that:

(1) Is permitted as a secondary or accessory use to a permitted primary commercial use;

(2) Is not located on a pier that is attached to residentially, institutionally, or industrially used property;

(3) Is located in:

(a) An intensely developed area; or

(b) An area that has been excluded from a local Critical Area program, if the exclusion has been approved by the Commission;

(4) Is approved by the local planning and zoning authorities;

(5) Allows or enhances public access to State wetlands, if applicable;

(6) Does not expand beyond the length, width, or channelward encroachment of the pier on which the project is constructed;

(7) Has a height of up to 18 feet, unless the project is located at a marina; and

(8) Is up to 1,000 square feet in total area; or

B. Is located on a pier that was in existence on or before December 31, 2012, and the project:

(1) Satisfies all of the requirements under §A(1) — (7) of this regulation; and

(2) If applicable, has a temporary or permanent roof or covering that is up to 1,000 square feet in total area.

.06 Criteria for a Small-Scale Renewable Energy System.

Subject to the requirements established under Regulation .04 of this chapter, a local jurisdiction may issue a building permit, variance, or special exception or otherwise authorize a nonwater-dependent project for a small-scale renewable energy system on a pier located on State or private wetlands within the Critical Area if the project:

A. Is permitted as a secondary or accessory use on a pier that is authorized under Environment Article, Title 16, Annotated Code of Maryland;

B. Is located in:

(1) The Critical Area; or

(2) An area that has been excluded from local Critical Area program, if the exclusion has been approved by the Commission;

C. Is approved by the local planning and zoning authorities; and

D. Involves the installation or placement of:

(1) A solar energy system attached to:

(a) A pier, if the device or equipment associated with that system does not extend more than 4 feet above or 18 inches below the deck of the pier or more than 1 foot beyond the length or width of the pier;

(b) A piling, if there is only one solar panel per boat slip; or

(c) A boathouse roof, if the device or equipment associated with that system does not extend beyond the length, width, or height of the boathouse roof;

(2) A closed-loop geothermal heat exchanger under a pier, if the geothermal heat exchanger or any associated devices or equipment do not:

(a) Extend beyond the length, width, or channelward encroachment of the pier;

(b) Deleteriously alter longshore drift; or

(c) Cause significant individual or cumulative thermal impacts to aquatic resources; or

(3) A wind energy system attached to a pier, if there is only one wind energy system per pier for which:

(a) The height from the deck of the pier to the blade extended at its highest point is up to 12 feet;

(b) The rotor diameter of the wind turbine is up to 4 feet; and

(c) The setbacks of the wind energy system from the nearest property line and from the channelward edge of the pier to which that system is attached are at least 1.5 times the total height of the system from its base to the blade extended at its highest point.

.07 Penalties and Injunctive Relief.

A person that violates Regulation .03A of this chapter shall be subject to all penalties and injunctive relief applicable under:

A. Natural Resources Article, Title 8, Subtitle 18, Annotated Code of Maryland;

B. COMAR Title 27; and

C. The enforcement procedures adopted under the local program of the jurisdiction in which the violation occurred.

 

Subtitle 02 DEVELOPMENT IN THE CRITICAL AREA RESULTING FROM STATE AND LOCAL AGENCY PROGRAMS

27.02.01 General Provisions

Authority: Natural Resources Article, §§8-1806, 8-1808.4(a), and 8-1814, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(40) (text unchanged)

(40-1) “Pier” has the meaning stated in Natural Resources Article, §8-1808.4(a), Annotated Code of Maryland.

(41)—(64) (text unchanged)

 

Subtitle 03 PROJECT APPLICATIONS

27.03.01 Notification of Project Applications

Authority: Natural Resources Article, §§8-1806, 8-1808(c), and 8-1811, Annotated Code of Maryland

.02 Application Requirements.

A.—D. (text unchanged)

E. After receipt of a copy of an application from the applicant or the local approving authority, the Commission shall send written notice of receipt to the applicant and to the local approving authority before the close of the [next] fifth business day. A failure of the Commission to send a timely notice shall render §F of this regulation inapplicable as to that application.

F. (text unchanged)

CHARLES DEEGAN
Chairman

 

Title 29
DEPARTMENT OF STATE POLICE

Subtitle 06 FIRE PREVENTION COMMISSION

29.06.05 Fire Sprinkler Contractor Licensing Regulations

Authority: Public Safety Article, §§6-206 and 9-901—9-905, Annotated Code of Maryland

Notice of Proposed Action

[17-287-P]

The Secretary of State Police proposes to amend Regulations .02 and .04 under COMAR 29.06.05 Fire Sprinkler Contractor Licensing Regulations.

Statement of Purpose

The purpose of this action is to allow specialized installation and service personnel to perform limited specialized work related to fire sprinkler systems without having to obtain a Maryland fire sprinkler contractor license, and to allow the acceptance of digital signatures on documents submitted electronically.

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 Heidi Ritchie, Secretary, Fire Prevention Commission, 18345 Colonel Henry K. Douglas Drive, Suite 240, Hagerstown, MD 21740, or call 877-890-0199, or email to msp.sfpc@maryland.gov, or fax to 301-766-3889. Comments will be accepted through January 22, 2018. A public hearing will be held on Thursday, February 15, 2018, at 9:30 a.m., at Taylor Avenue Fire Station, Upper Classroom, 620 Taylor Avenue, Annapolis. If public schools in Anne Arundel County are CLOSED for inclement weather, the hearing will be rescheduled.

.02 Scope.

A. (text unchanged)

B. A license is not required for the following activities:

(1)—(3) (text unchanged)

(4) Installation of a limited area fire sprinkler system or emergency temporary repairs performed by a licensed master plumber in accordance with COMAR 29.06.01; [or]

(5) Inspections, tests, preparation of design and specification documents, hydraulic calculations, layout, and plan review of fire sprinkler systems by a Maryland-registered professional engineer knowledgeable about fire sprinkler systems; or

(6) Installation, testing, servicing, and maintenance of specialized equipment that is associated with automatic fire sprinkler systems, but not regulated by the specific provisions of NFPA 13, NFPA 13D, or NFPA 13R, performed by persons under the responsible charge of a licensed fire sprinkler contractor who shall verify that such persons have the appropriate qualifications and certifications to perform these specific functions and who shall be responsible for the installation and continued approved operation of all equipment associated with the fire sprinkler system.

C. (text unchanged)

.04 Licensure.

A.—K. (text unchanged)

L. Fire Sprinkler System Layout.

(1)—(2) (text unchanged)

(3) Plans submitted utilizing an electronic format shall be marked with the fire sprinkler contractor license number and one of the following:

(a) The designated qualified individual's digital signature, NICET level, certification number and expiration date; or

(b) The digital signature and seal of a professional engineer who is registered in Maryland.

M.—P. (text unchanged)

WILLIAM M. PALLOZZI
Secretary of State Police

 

Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Subtitle 03 GAMING PROVISIONS

36.03.07 Mandatory Exclusion

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

Notice of Proposed Action

[17-305-P]

The Maryland State Lottery and Gaming Control Agency proposes to amend Regulations .02—.06 and .08 under COMAR 36.03.07 Mandatory Exclusion. This action was considered at the Maryland Lottery and Gaming Control Commission open meeting held on October 26, 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) Allow an individual who the Director decides should be mandatorily excluded from the State’s casinos to ask for a reconsideration meeting with the Director or the Director’s designee as an intermediary step before appealing to the Commission;

(2) Allow an excluded individual who request removal from the mandatory exclusion list to ask for a reconsideration meeting with the Director or the Director’s designee as an intermediary step before appealing to the Commission;

(3) List available information used to identify an excluded individual;

(4) Remove the requirement under COMAR 36.03.07.08B(7) for casinos to monitor other states’ exclusion lists; and

(5) Correct numbering, references, and statutory citations and make stylistic changes to comply with the Style Manual for Maryland Regulations.

 

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to 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 January 22, 2018. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) Unredeemed Item.

(a) “Unredeemed item” means a token, voucher, check, ticket, chip, coupon, or similar item that has monetary value, and that a player has:

(i) Won by playing a video lottery terminal or table game;

(ii) Inserted into a video lottery terminal;

(iii) Played at a table game; or

(iv) Received by converting cash, check, or wire transfer at a video lottery facility.

(b) “Unredeemed item” does not include cash.

.03 Mandatory Exclusion List.

A.—B. (text unchanged)

C. The entry of an individual on the mandatory exclusion list [may] shall include [at least the following identifying] sufficient information to identify the excluded individual[:] .

D. The information used to identify an excluded individual may include:

(1) [Individual’s] The individual’s:

(a)—(h) (text unchanged)

(2)—(4) (text unchanged)

[D.] E. The mandatory exclusion list and related records [shall be considered a] are public [record] records under [State Government] General Provisions Article, [§10-611] §4-101, Annotated Code of Maryland.

.04 Inclusion on Mandatory Exclusion List.

A. Upon receipt of information that reasonably indicates an individual meets any criteria under Regulation .03B of this chapter, the Director shall:

(1) (text unchanged)

(2) Ensure that the information required under Regulation [.03C] .03D of this chapter [is complete] sufficiently identifies the individual; and

(3) (text unchanged)

B. If the Director [places] decides to place an individual on the mandatory exclusion list, staff shall deliver to the individual by regular U.S. mail a written notice explaining:

(1) [That the individual has been placed on a mandatory exclusion list that will be distributed to all facility operators in the State and be publicly available;

(2)] The factual basis for placing the individual on the mandatory exclusion list;

[(3)] (2) The availability of [an appeal hearing before the Commission] a reconsideration meeting with the Director or the Director’s designee;

[(4)] (3) The requirements for [filing an appeal] submitting a request for a reconsideration meeting;

[(5)] (4) That if [no appeal is filed] a timely reconsideration request is not submitted, the individual’s name shall [remain] be placed on [the] a mandatory exclusion list that will be distributed to all facility operators in the State and be publicly available; and

[(6)] (5) That the excluded individual [is] shall be:

(a) Prohibited from entering any video lottery facility, and playing any video lottery terminal or table game, in the State; [and]

(b) Subject to criminal charges for trespassing or any other appropriate criminal charge; and

[(b)] (c) Required to:

(i) Redeem or liquidate an unredeemed item with monetary value that the individual has received since being placed on the mandatory exclusion list; and

(ii) [surrender] Surrender to the Problem Gambling Fund established under State Government Article, §9-1A-33, Annotated Code of Maryland, any unredeemed items and prizes [won] in the possession of the individual or received by the individual at a video lottery facility after placement on the mandatory exclusion list.

C. Reconsideration Meeting.

(1) An individual may submit to the Director a written request for a reconsideration meeting within 15 days of the date of the individual’s receipt of the notice described in §B of this regulation.

(2) If an individual fails to timely submit a request under §C(1) of this regulation, the individual shall be placed on the mandatory exclusion list.

(3) A reconsideration meeting may be held by the Director or the Director’s designee;

(4) During a reconsideration meeting, an individual may:

(a) Be represented by counsel; and

(b) Present evidence as to why the individual does not meet the criteria under Regulation .03B of this chapter.

(5) The Director or the Director’s designee shall deliver to the individual by regular U.S. mail a written notice of the decision following the reconsideration meeting.

(6) An individual dissatisfied with the result of a reconsideration meeting may submit a written request to the Commission for an appeal.

(7) The request for an appeal shall:

(a) Be submitted within 15 days of the date of the individual’s receipt of the written notice of the decision following the reconsideration meeting; and

(b) Describe the individual’s legal and factual bases for disagreeing with placement on the mandatory exclusion list.

(8) If an individual fails to timely submit a written request for an appeal hearing under §C(7) of this regulation, the individual shall be placed on the mandatory exclusion list.

(9) Upon receipt of a timely written request for an appeal hearing, the Director shall provide the individual with a hearing notice for a hearing.

[C.] D. Appeal.

(1) [An excluded individual may appeal placement on the mandatory exclusion list only by filing a written appeal to the Commission within 10 calendar days after receipt of the notice.

(2)] If after an appeal hearing the Commission decides that the excluded individual does not meet any criteria under Regulation .03B of this chapter, the individual’s name [shall] may not be [removed from] placed on the mandatory exclusion list [and the exclusion immediately terminated].

[(3)] (2) If after an appeal hearing the Commission decides that the excluded individual meets any criteria under Regulation .03B of this chapter:

(a)—(d) (text unchanged)

.05 Removal from Mandatory Exclusion List.

A. — B. (text unchanged)

[C. The Commission shall hold a hearing on the excluded individual’s request for removal from the mandatory exclusion list.]

C. The Director or the Director’s designee shall investigate the request and make a recommendation to the Commission whether to grant or deny the request.

D. If the [Commission] Director or the Director’s designee recommends removing the individual from the list, the Commission may approve the recommendation without a hearing, and Agency staff shall:

(1) [Grants the request, it shall:

(a)] Remove the individual from the mandatory exclusion list;

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

[(c)] (3) Notify the State’s facility operators of the individual’s removal from the mandatory exclusion list [; or

(2) Denies the request, it shall deliver to the individual by regular U.S. mail a notice that the:

(a) Request was denied; and

(b) Individual shall remain on the mandatory exclusion list].

E. If the Director or the Director’s designee recommends continued placement on the mandatory exclusion list, the excluded individual may submit a written appeal to Commission.

F. Appeal.

(1) The request for an appeal shall:

(a) Be submitted within 15 days of the date of the individual’s receipt of the written notice of the recommendation of the Director or the Director’s designee; and

(b) Describe the individual’s legal and factual bases for disagreeing with the recommendation.

(2) If an individual fails to timely submit a written request for an appeal hearing under §F(1)(a) of this regulation, the individual shall remain on the mandatory exclusion list.

(3) Upon receipt of a timely written request for an appeal hearing, the Director shall provide the individual with a hearing notice for a hearing.

G. If after a hearing the Commission denies the request, it shall deliver to the individual by regular U.S. mail a notice that the:

(1) Request was denied; and

(2) Individual shall remain on the mandatory exclusion list.

.06 Judicial Review.

The Commission’s decision under Regulations [.04C(2)] .04D(2) and [.05D(2)] .05G of this chapter may be subject to judicial review.

.08 Facility Exclusion Plan.

A. (text unchanged)

B. The plan required under §A of this regulation shall include at least the following elements:

(1)—(6) (text unchanged)

(7) [Regular monitoring of other states’ mandatory exclusion lists;

(8)] Prompt reports to the Commission about the presence on facility premises of an individual who:

(a)—(b) (text unchanged)

[(9)] (8)[(11)] (10) (text unchanged)

C. (text unchanged)

GORDON MEDENICA
Director

 

Errata

MARYLAND DEPARTMENT OF HEALTH

Regulatory Review and Evaluation

At 44:25 Md. R. 1179 (December 8, 2017), column 1, line 9 from the bottom:

For:        Subtitle 52 Preventive Medicine

Read:          Subtitle 54 SPECIAL SUPPLEMENTAL NUTRITION
                  
PROGRAM FOR WOMEN, INFANTS, AND
                   CHILDREN (WIC)

[17-26-17]

 

COMAR 10.09.79

At 44:25 Md. R. 1180 (December 8, 2017), column 1, line 1 from the bottom:

For:       Secretary of Health and Mental Hygiene

Read:         Secretary of Health

[17-26-18]

 

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Projects Approved for Consumptive Uses of Water

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists the projects approved by rule by the Susquehanna River Basin Commission during the period set forth in “DATES.”

 

DATES: September 1-30, 2017.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel, 717-238-0423, ext. 1312, joyler@srbc.net. Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22(e) and §806.22 (f) for the time period specified above:

 

Approvals By Rule Issued Under 18 CFR 806.22(e):

Rutter Bros. Dairy, Inc., d/b/a Rutter’s Dairy, Inc., ABR-201709007, Manchester Township, York County, Pa.; Consumptive Use of Up to 0.0400 mgd; Approval Date: September 29, 2017.

 

Approvals By Rule Issued Under 18 CFR 806.22(f):

Inflection Energy (PA), LLC, Pad ID: Fox B Well Site, ABR-201709001, Shrewsbury Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: September 7, 2017.

Chesapeake Appalachia, LLC, Pad ID: Shumhurst2, ABR-201709002, Tuscarora Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: September 14, 2017.

Cabot Oil & Gas Corporation, Pad ID: Precision Capital LP P1, ABR-201709003, Lathrop Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 18, 2017.

Cabot Oil & Gas Corporation, Pad ID: PennayG P1, ABR-201709004, Brooklyn Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 18, 2017.

Chesapeake Appalachia, LLC, Pad ID: Rosiemar, ABR-201301016.R1, Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: September 18, 2017.

EOG Resources, Inc., Pad ID: WARD B Pad, ABR-201210009.R1, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 25, 2017.

EOG Resources, Inc., Pad ID: KLINE A Pad, ABR-201210010.R1, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 25, 2017.

EOG Resources, Inc., Pad ID: GRIPPIN A Pad, ABR-201210015.R1, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 25, 2017.

 

 
EOG Resources, Inc., Pad ID: KINGSLY E Pad, ABR-201210016.R1, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 25, 2017.

Pennsylvania General Energy Company, LLC, Pad ID: COP Tract 322 Pad A, ABR-201301004.R1, McHenry and Cummings Townships, Lycoming County, Pa.; Consumptive Use of Up to 3.5000 mgd; Approval Date: September 25, 2017.

Pennsylvania General Energy Company, LLC, Pad ID: COP Tract 322 Pad B, ABR-201301005.R1, McHenry and Cummings Townships, Lycoming County, Pa.; Consumptive Use of Up to 3.5000 mgd; Approval Date: September 25, 2017.

ARD Operating, LLC, Pad ID: Mountain Meadow Lodge Pad B, ABR-201709005, McIntyre Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: September 28, 2017.

ARD Operating, LLC, Pad ID: Mountain Meadow Lodge Pad A, ABR-201709006, McIntyre Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: September 28, 2017.

EOG Resources, Inc., Pad ID: KLINE B Pad, ABR-201210011.R1, Springfield Township, Bradford County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: September 29, 2017.

 

AUHORITY:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

 

Dated:  October 30, 2017.

STEPHANIE L. RICHARDSON
Secretary to the Commission

[17-26-08]

 

MARYLAND HEALTH CARE COMMISSION

NUMBER OF CHRONIC HOSPITAL BEDS, PATIENT DAYS, AND AVERAGE ANNUAL BED OCCUPANCY: MARYLAND, FY 2016

Jurisdiction/Facility

Number of Licensed Beds

Number of Patient Days

Average Annual Occupancy Rate

Baltimore City

 

 

 

Johns Hopkins Bayview Medical Center

76

17,217

61.9%

Levindale Hebrew Geriatric Center & Hospital 

100

35,575

97.2%

UM Medical Center Midtown Campus

UM Rehabilitation & Orthopedic Institute[1]

80

52

10,535

10,983

36.0%

57.7%

Prince George’s County

 

 

 

Laurel Regional Hospital

46

6,858

40.7%

 

SUBTOTAL:  Private Chronic Hospitals

 

354

 

81,168

 

62.7%

 

Washington County

 

 

 

Western Maryland Hospital Center[2]

60

5,910

26.9%

Wicomico County

 

 

 

Deer’s Head Hospital Center[3]

66

2,228

9.2%

 

SUBTOTAL: State-operated Chronic Hospitals[4]

 

126

 

8,138

 

17.6%

 

STATEWIDE TOTAL[5]

 

480

 

89,306

 

50.8%

 

Sources:  Maryland Health Care Commission.  The number of licensed chronic hospital beds maintained in the Commission’s inventory is based on the Commission’s Certificate of Need files and licensing information provided by the Maryland Department of Health’s Office of Health Care Quality. The number of FY 2016 patient days for the private chronic hospitals is obtained from the Health Services Cost Review Commission’s Inpatient Confidential Files and Chronic Care Confidential Files. The number of FY 2016 patient days for the two state-operated chronic hospitals is obtained from the Hospital Management Information System (HMIS), as maintained by the Maryland Department of Health.

 

Notes:  The number of beds reflects the number of licensed chronic hospital beds at each facility as of June 30, 2016 (the end of the 2016 fiscal year reporting period). Occupancy is calculated based on licensed beds.

[17-26-16]

 

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.

 

ADVISORY COUNCIL ON CEMETERY OPERATIONS

Subject: Public Meeting

Date and Time: January 25, 2018, 10 a.m. — 1 p.m.

Place: Dept. of Labor, Licensing, and Regulation, 500 N. Calvert St., 3rd Fl. Conf. Rm., Baltimore, MD

Contact: Deborah Rappazzo (410) 230-6229

[17-26-25]

 

DEPARTMENT OF THE ENVIRONMENT

Subject: Proposed Calendar Year 2018 Standard Permit Application Turnaround Times

Date and Time: As required by Environment Article, §1-607(A)(2), Annotated Code of Maryland, the Maryland Department of the Environment (MDE) is seeking comment on the proposed standard turnaround times for all types of applications for permits and other approvals. For further information, please contact Sue Battle-McDonald, Director, MDE Office of Performance Improvement at 410-537-4111.

The full list of proposed turnaround times is available on MDE’s website at www.mde.maryland.gov.

MDE reviews and, when necessary, adjusts these turnaround times annually to give permit applicants current information regarding the processing time.

Please note the following important points about these standard times:

1) These standards refer to the time between MDE’s receipt of a complete permit application and MDE’s issuance or denial of the permit, excluding delays caused by factors beyond MDE’s control.  Many applications are incomplete when they first arrive at MDE.  The appropriate MDE permit writer can provide guidance on how to ensure that an application is complete when submitted.

2) In most permitting programs, each application has unique characteristics that influence its processing time.  For each program listed, the standard time represents the time in which 90% of applications can be processed.  Many applications will require less time; a few will require more time due to unusual circumstances.

Paper copies of the proposed times are available on request. Requests, comments, and questions can be directed to Ms. Battle-McDonald at sue.battle-mcdonald@maryland.gov; by phone at 410-537-4111; via postal mail to MDE/OS, 1800 Washington Boulevard, Suite 745, Baltimore, MD  21230-1720; or by fax to 410-537-3888. Comments will be accepted until January 22, 2018.

Contact: Sue Battle-McDonald (410) 537-4111

[17-26-15]

 

MARYLAND DEPARTMENT OF HEALTH

Subject: Public Meeting

Date and Time: January 11, 2018, 4 — 5:30 p.m.

Place: 500 N. Calvert St., 5th Fl. Conf. Rm., Baltimore, MD

Contact: Mary Bahr (410) 767-5678

[17-26-02]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: January 18, 2018, 1 — 4 p.m.

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

Contact: Valerie Wooding (410) 764-3570

[17-26-01]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Notice of Receipt of a Letter of Intent and Review for Alcoholism and Drug Abuse Intermediate Care Facility Beds

Add'l. Info: On November 27, 2017, the MHCC received a Letter of Intent from Gaudenzia, Inc. for the addition of 20 adult level 3.7 substance abuse beds at the facility located in the Weinberg Building located at 3643 Woodland Avenue, Baltimore, 21215.

     Pursuant to COMAR 10.24.01.08A(3), the Commission hereby initiates a 30-day period in which additional Letters of Intent to apply for a Certificate of Need may be submitted to establish Alcoholism and Drug Abuse Treatment Facility beds in Central Maryland (Baltimore City and Baltimore, Harford, Howard, and Anne Arundel Counties). Additional Letters of Intent should be submitted to the MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215, and are due by the close of business, January 22, 2018.

Contact: Ruby Potter (410) 764-3276

[17-26-20]

 

MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE

Subject: Public Meeting

Date and Time: January 10, 2018, 8:30 a.m. — 5 p.m.

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

Add'l. Info: 2018 Meeting Schedule:

January 10; January 24; February 7; February 21; March 7; March 21; April 4; April 18; May 2; May 16; May 30; June 13; June 27; July 11; July 25; August 8; August 22; September 5; September 19; October 3; October 17; October 31; November 14; November 28; December 5;

December 19.

Contact: Sabrina Bass (410) 865-1240

[17-26-21]

 

MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE

Subject: Public Meeting

Date and Time: January 22, 2018, 8:30 a.m. — 5:30 p.m.

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

Contact: Sabrina Bass (410) 865-1240

[17-26-24]

 

MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE

Subject: Public Meeting

Date and Time: February 7, 2018, 8:30 a.m. — 5 p.m.

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

Contact: Sabrina Bass (410) 865-1240

[17-26-23]

 

MINORITY BUSINESS ENTERPRISE ADVISORY COMMITTEE

Subject: Announcement of Calendar Year 2018 Limitation on the Personal Net Worth of a Socially and Economically Disadvantaged Individual as it relates to Certification of a Minority Business Enterprise (MBE)

Add'l. Info: The Maryland Department of Transportation Office of Minority Business Enterprise (OMBE) gives notice that effective January 1, 2018, the limitation on the personal net worth of a disadvantaged owner whose ownership interest in a firm is relied upon for certification in the State’s Minority Business Enterprise (MBE) program, may not exceed $1,713,333. This PNW limitation will apply to all MBE certification decisions rendered between January 1, 2018, and December 31, 2018. This action is taken in accordance with State Finance and Procurement Article, §14-301(k)(3), Annotated Code of Maryland.

Contact: Sabrina Bass (410) 865-1240

[17-26-19]

 

DEPARTMENT OF NATURAL RESOURCES/FISHING AND BOATING SERVICES

Subject: Public Notice — Commercial Striped Bass Common Pool Gill Net Season Modification

Add'l. Info: The Secretary of Natural Resources, pursuant to Code of M