Capitol Building Maryland Register

Issue Date: January 19, 2018

Volume 45 • Issue 2 • Pages 55-136

IN THIS ISSUE

General Assembly

Judiciary

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 29, 2017 5 p.m.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 29, 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 ........................................................................  59

 

COMAR Research Aids

Table of Pending Proposals .............................................................  60

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

04        Department of General Services ...........................................  71

08        Department of Natural Resources ..................................  68, 72

09        Department of Labor, Licensing, and Regulation ...........  70, 83

10        Maryland Department of Health .....................................  68, 84

11        Department of Transportation ............................................  118

12        Department of Public Safety and Correctional Services ...... 121

21        State Procurement Regulations ...........................................  123

26        Department of the Environment .........................................  129

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) ........................................................  69

 

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.

 

General Assembly

SYNOPSIS NO. 1 .  63

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS .  67

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Soft-Shell Clams .  68

Oysters .  68

Hard-Shell Clams .  68

Oysters .  68

10  MARYLAND DEPARTMENT OF HEALTH

PROCEDURES

Income Tax Credits for Preceptors in Areas with Health Care |
   Workforce Shortages .  68

MEDICAL CARE PROGRAMS

Programs of All-Inclusive Care for the Elderly (PACE)  68

BOARD OF ACUPUNCTURE

General Regulations .  69

BOARD OF NURSING

Examination and Licensure .  69

PREVENTIVE MEDICINE

State Advisory Council on Health and Wellness .  69

BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD
   CARE PROGRAM PROFESSIONALS

Certification — Residential Child and Youth Care
   Practitioners .  69

30  MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

GENERAL

Documents Incorporated by Reference .  69

 

Withdrawal of Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

UNEMPLOYMENT INSURANCE

Obligations of Employers .  70

 

Proposed Action on Regulations

04  DEPARTMENT OF GENERAL SERVICES

BUILDINGS AND GROUNDS

General Regulations .  71

Legislative Branch Buildings and Grounds in Annapolis .  71

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General  72

General  73

General  74

Crabs .  75

Fish .  76

Endangered and Threatened Fish Species .  76

Fishing in Nontidal Waters .  78

Striped Bass .  79

Striped Bass .  81

Gear  83

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

RACING COMMISSION

Thoroughbred Rules .  83

10  MARYLAND DEPARTMENT OF HEALTH

HEALTH STATISTICS

Vital Records .  84

MATERNAL AND CHILD HEALTH

Morbidity, Mortality, and Quality Review Committee —
   Pregnancy and Childhood .  86

HOUSING

Migratory Labor Camps .  89

Construction, Equipment, Sanitation, Operation, and
   Maintenance of Mobile Home Parks .  89

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

HIV Testing Procedures .  90

HIV Testing for Pregnant Women Receiving Prenatal
   Care .  90

DEVELOPMENTAL DISABILITIES

Fee Payment System for Licensed Residential and Day
   Programs .  94

Community Supported Living Arrangements Payment
   System ..  94

BOARD OF NURSING

Examination and Licensure .  96

Nursing Education Programs .  96

Practice of Nurse Midwifery .  96

Practice of Nurse Anesthetist  96

Practice of the Nurse Practitioner  96

Standards of Practice for Registered Nurses .  96

Standards of Practice for Licensed Practical Nurses .  96

Delegation of Nursing Functions .  96

Nurse Psychotherapists in Independent Practice — Clinical
   Nurse Specialists .  96

Safe Practice Committee .  96

Registered Nurse — Workers’ Compensation Medical Case
   Manager  96

Monetary Penalties .  96

Code of Ethics .  96

Management of Infusion Therapy by the Registered Nurse
   and the Licensed Practical Nurse .  96

Practice of Clinical Nurse Specialist  96

BOARD OF NURSING — CERTIFIED NURSING
   ASSISTANTS

Certification of Nursing Assistants .  96

Nursing Assistant Training Programs .  96

Medication Technicians .  96

BOARD OF NURSING — ELECTROLOGY PRACTICE
   COMMITTEE

Definitions .  96

Licensure .  96

Electrology Examination .  96

Electrologist’s Office .  96

Rehabilitation Committee .  96

BOARD OF MORTICIANS AND FUNERAL DIRECTORS

Family Security Trust Fund .  112

BOARD OF EXAMINERS OF PSYCHOLOGISTS

Telepsychology .  114

PREVENTIVE MEDICINE

HIV and Hepatitis C Testing of Persons Accused or
   Convicted, or Both, of Certain Crimes .  115

BOARD OF MASSAGE THERAPY EXAMINERS

General Regulations .  117

11  DEPARTMENT OF TRANSPORTATION

STATE RAIL SAFETY OVERSIGHT

Federal Transit Administration Regulations .  118

State Safety Oversight Authority .  118

Inspections and Audits .  118

Rules Compliance Violations .  118

12  DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

DIVISION OF PAROLE AND PROBATION

Earned Compliance Credits .  121

21  STATE PROCUREMENT REGULATIONS

STATE PROCUREMENT ORGANIZATION

Board of Public Works .  123

PROCUREMENT METHODS AND PROJECT DELIVERY
   METHODS

Emergency and Expedited Procurements .  123

ADMINISTRATIVE AND CIVIL REMEDIES

Protests .  123

Bid Protests Concerning Architectural Services and
   Engineering Services Contracts .  123

PROCUREMENT OF ARCHITECTURAL SERVICES AND
   ENGINEERING SERVICES

General  123

Department of Transportation and Department of General
   Services; A/E Services exceeding $200,000 .  123

Department of Transportation and Department of General
   Services; A/E Services $200,000 or Less .  123

Department of General Services; A/E Services Exceeding
   $200,000 .  123

Department of General Services A/E Services $200,000 or
   Less .  123

26  DEPARTMENT OF THE ENVIRONMENT

AIR QUALITY

Nonattainment Provisions for Major New Sources and Major
   Modifications .  129

 

Errata

COMAR 10.14.06 .  131

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Public Hearing .  132

 

General Notices

ADVISORY COUNCIL ON CEMETERY OPERATIONS

Public Meeting .  133

MARYLAND CORRECTIONAL ENTERPRISES
   CUSTOMER COUNCIL

Public Meeting .  133

MARYLAND CYBERSECURITY COUNCIL

Public Meeting .  133

EMERGENCY MEDICAL SERVICES BOARD

Public Meeting .  133

STATEWIDE EMERGENCY MEDICAL SERVICES
   ADVISORY COUNCIL (SEMSAC)

Public Meeting .  133

FIRE PREVENTION COMMISSION

Public Meeting .  133

MARYLAND INSURANCE ADMINISTRATION

Public Hearing .  133

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  133

Formal Start of Review ..  133

Receipt of Application .  134

Public Meeting .  134

MINORITY BUSINESS ENTERPRISE ADVISORY
   COMMITTEE

Public Meeting .  134

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting .  134

COMMISSION OF REAL ESTATE APPRAISERS AND
   HOME INSPECTORS

Public Meeting .  134

TRANSIT ADMINISTRATION

Notice of Application Received for a Forest Conservation
   Plan Approval  134

BOARD OF WELL DRILLERS

Public Meeting .  135

WORKERS' COMPENSATION COMMISSION

Public Meeting on Regulations .  135

 

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.

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.

 

04 DEPARTMENT OF GENERAL SERVICES

(No changes effective since December 2016)

 

04.05.01.08 • 45:2 Md. R. 71 (1-19-18)

04.05.02.02 • 45:2 Md. R. 71 (1-19-18)

 

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

 

08.02.01.01 • 45:2 Md. R. 72 (1-19-18) (ibr)

08.02.01.05 • 45:2 Md. R. 73 (1-19-18)

08.02.01.07 • 45:2 Md. R. 74 (1-19-18)

08.02.03.08,.14 • 45:2 Md. R. 75 (1-19-18)

08.02.05.17 • 45:2 Md. R. 76 (1-19-18)

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

08.02.11.01 • 45:2 Md. R. 78 (1-19-18)

08.02.12.03 • 45:2 Md. R. 76 (1-19-18)

08.02.15.04,.07 • 45:2 Md. R. 79 (1-19-18)

08.02.15.08,.11 • 45:2 Md. R. 81 (1-19-18)

08.02.25.01 • 45:2 Md. R. 83 (1-19-18)

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)

09.10.01.07 • 45:2 Md. R. 83 (1-19-18)

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)

09.28.04.01—.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)

09.32.11.01,.02,.04 • 45:1 Md. R. 15 (1-5-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

     Subtitles 01—08 (1st volume)

 

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

10.03.01.01—.03,.05,.06,.10,.16 • 45:2 Md. R. 84 (1-19-18)

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

10.07.01.01,.29,.35—.37 • 45:1 Md. R. 17 (1-5-18)

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)

 

10.09.22.01,.03—.11 • 45:1 Md. R. 19 (1-5-18)

10.09.24.04-1 • 45:1 Md. R. 20 (1-5-18)

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

10.09.36.01,.03,.08,.09 • 45:1 Md. R. 21 (1-5-18)

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

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

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

10.09.59.03—.05,.07,.09 • 45:1 Md. R. 22 (1-5-18)

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)

10.09.65.19 • 45:1 Md. R. 24 (1-5-18)

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)

10.09.69.01—.17 • 45:1 Md. R. 28 (1-5-18)

10.09.70.02 • 45:1 Md. R. 34 (1-5-18)

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)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.11.06.02,.03,.05—.13 • 45:2 Md. R. 86 (1-19-18) (ibr)

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)

10.14.06   45:2 Md. R. 131 (1-19-18) (err)

10.14.06.01—.04 • 45:1 Md. R. 35 (1-5-18)

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

10.16.01.01—.27 • 45:2 Md. R. 89 (1-19-18)

10.16.02.01-1 • 45:2 Md. R. 89 (1-19-18)

10.18.08.01,.02,.05—.13 • 45:2 Md. R. 90 (1-19-18)

10.18.09.01—.06 • 45:2 Md. R. 90 (1-19-18)

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

                               45:2 Md. R. 94 (1-19-18)

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

                      45:2 Md. R. 94 (1-19-18)

 

     Subtitles 23 — 36 (4th Volume)

 

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

10.27.01.01,.03,.05,.06,.09—.16 • 45:2 Md. R. 96 (1-19-18)

10.27.03.01,.07,.08 • 45:2 Md. R. 96 (1-19-18)

10.27.05.01,.02,.08—.11 • 45:2 Md. R. 96 (1-19-18)

10.27.06.01—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.07.01—.06,.08,.09 • 45:2 Md. R. 96 (1-19-18)

10.27.09.01 • 45:2 Md. R. 96 (1-19-18)

10.27.10.01 • 45:2 Md. R. 96 (1-19-18)

10.27.11.02 • 45:2 Md. R. 96 (1-19-18)

10.27.12.02—.05,.07,.08 • 45:2 Md. R. 96 (1-19-18)

10.27.13.01—.03,.06,.07 • 45:2 Md. R. 96 (1-19-18)

10.27.16.02—.05,.09 • 45:2 Md. R. 96 (1-19-18)

10.27.18.01—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.19.01,.03 • 45:2 Md. R. 96 (1-19-18)

10.27.20.02—.04 • 45:2 Md. R. 96 (1-19-18)

10.27.27.01—.07 • 45:2 Md. R. 96 (1-19-18)

10.29.15.02—.05,.07,.08 • 45:2 Md. R. 112 (1-19-18)

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)

10.36.10.01—.04 • 45:2 Md. R. 114 (1-19-18)

 

     Subtitles 37—66 (5th Volume)

 

10.39.01.01,.05,.07—.09 • 45:2 Md. R. 96 (1-19-18)

10.39.02.02,.05 • 45:2 Md. R. 96 (1-19-18)

10.39.04.02,.04—.06 • 45:2 Md. R. 96 (1-19-18)

10.52.10.01—.03,.05—.07 • 45:2 Md. R. 115 (1-19-18)

10.53.01.01 • 45:2 Md. R. 96 (1-19-18)

10.53.02.05,.10 • 45:2 Md. R. 96 (1-19-18)

10.53.03.01,.02 • 45:2 Md. R. 96 (1-19-18)

10.53.07.01 • 45:2 Md. R. 96 (1-19-18)

10.53.11.01 • 45:2 Md. R. 96 (1-19-18)

10.54.02.18 • 45:1 Md. R. 36 (1-5-18)

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)

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

10.65.01.15 • 45:2 Md. R. 117 (1-19-18)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—24 (MVA)

 

11.17.02.01,.02 • 45:1 Md. R. 37 (1-5-18)

11.17.09.01,.02,.04—.07 • 45:1 Md. R. 37 (1-5-18)

11.17.12.01—.04 • 45:1 Md. R. 37 (1-5-18)

11.24.01.01 • 45:2 Md. R. 118 (1-19-18)

11.24.02.01—.04 • 45:2 Md. R. 118 (1-19-18)

11.24.03.01 • 45:2 Md. R. 118 (1-19-18)

11.24.04.01—.05 • 45:2 Md. R. 118 (1-19-18)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.10.01 • 45:1 Md. R. 39 (1-5-18)

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)

12.03.02.01—.11 • 45:1 Md. R. 39 (1-5-18)

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)

12.13.03.01—.07 • 45:2 Md. R. 121 (1-19-18)

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)

 

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)

14.22.02.02 • 45:1 Md. R. 45 (1-5-18)

14.27.03.02 • 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)

 

21 STATE PROCUREMENT REGULATIONS

 

21.02.01.05 • 45:2 Md. R. 123 (1-19-18)

21.05.06.03 • 45:2 Md. R. 123 (1-19-18)

21.10.02.02,.03 • 45:2 Md. R. 123 (1-19-18)

21.10.03.01,.03 • 45:2 Md. R. 123 (1-19-18)

21.12.01.01 • 45:2 Md. R. 123 (1-19-18)

21.12.02.01—.14 • 45:2 Md. R. 123 (1-19-18)

21.12.03.01 • 45:2 Md. R. 123 (1-19-18)

21.12.04.01—.15 • 45:2 Md. R. 123 (1-19-18)

21.12.05.01 • 45:2 Md. R. 123 (1-19-18)

 

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)

26.11.17.01,.04 • 45:2 Md. R. 129 (1-19-18)

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)

 

30.02.02.07,.09 • 45:1 Md. R. 51 (1-5-18)

30.04.01.01 • 45:1 Md. R. 51 (1-5-18)

30.04.05.06 • 45:1 Md. R. 51 (1-5-18)

 

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 General Assembly

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

 

SYNOPSIS NO. 1

House Bills

HB0001  Del Dumais, et al.  Family Law - Child Conceived Without Consent - Termination of Parental Rights (Rape Survivor Family Protection Act).

HB0002  Del Glenn.  Natalie M. LaPrade Medical Cannabis Commission Reform Act.

HB0003  Dels Stein and Barve.  Environment - U.S. Climate Alliance - Membership.

HB0004  Del Jameson.  State Highways - Renaming Harry W. Nice Memorial Bridge - Harry W. Nice/Thomas "Mac" Middleton Bridge.

HB0005  Del J. Lewis.  Real Property - Residential Leases - Voter Registration.

HB0006  Del Chang.  Criminal Law - Human Trafficking - Felony.

HB0007  Del Mautz, et al.  Income Tax Credit - Venison Donation - Feed the Hungry Organizations.

HB0008  Del Conaway.  Criminal Procedure - Sexual Assault Evidence Collection Kit - Testing Requirement.

HB0009  Del Folden.  Transportation - Dedication of Structures.

HB0010  Del Walker.  State Lottery - Unclaimed Prizes - Public Prekindergarten Programs.

HB0011  Del Folden.  Correctional Services - Maryland Correctional Enterprises Goods and Services - Sales to Individuals Employed by the State Government.

HB0012  Del Brooks.  Income Tax - Subtraction Modification - Military Retirement Income.

HB0013  Del Robinson.  Vehicle Laws - Licenses, Identification Cards, and Moped Operator's Permits - Indication of Applicant's Sex.

HB0014  Del Chang.  Vehicle Laws - Work Zone Speed Control System - Increased Penalty for Multiple Offenses.

HB0015  Del Lisanti, et al.  Harford County Sheriff - Deputy Sheriffs and Correctional Officers - Organization and Negotiation.

HB0016  Del Turner.  Community Colleges - Maryland Community College Promise Scholarships.

HB0017  Del Hettleman.  Higher Education - Student Loan Notification Letter - Modifications.

HB0018  Del Clark, et al.  Corporations and Associations - Fee for Processing Articles of Dissolution and Certificates of Cancellation - Repeal.

HB0019  Del Brooks.  Solar Energy Grant Program - Minimum Grant Amounts.

HB0020  Del Carr.  Homeowners' Property Tax Credit - Calculation of Maximum Assessment.

HB0021  Del Conaway.  Criminal Procedure - Sexual Assault Evidence Collection Kit - Reporting to CODIS.

HB0022  Del Gibson.  Baltimore City - Alcoholic Beverages - Hours of Sale - References to Park Heights Redevelopment Area.

HB0023  Del Long.  Baltimore County - Public Schools - Active Assailant Event Training and Drills.

HB0024  Del Jackson.  Public Safety - Maryland Police Training and Standards Commission Fund - Establishment.

HB0025  Dels Proctor and Jackson.  Creation of a State Debt – Prince George’s County – Eagle Harbor Town Office.

HB0026  Dels R. Lewis and Robinson.  Community Healthy Air Act.

HB0027  Del Barron.  Life Insurance - Life of a Minor - Underwriting Standards and Procedures.

HB0028  Del Angel.  Criminal Law - Assault - Public Transportation Operator and Penalties.

HB0029  Del Rey, et al.  Firearms - Handgun Permit - Preliminary Approval.

HB0030  Del Angel.  Domestic Violence - Education and Definition of Abuse.

HB0031  Del J. Lewis.  Criminal Procedure - Charges Disposed of by Nolle Prosequi, Dismissal, or Acquittal - Case Search.

HB0032  Del Pena-Melnyk.  Health Occupations - Certified Associate Counselors-Alcohol and Drug and Certified Supervised Counselors-Alcohol and Drug - Qualifications.

HB0033  Del Lam.  Guardianship of Disabled Persons - Voluntary Admission to Mental Facility.

HB0034  Del Angel.  Public Health - Disease Control and Prevention - HPV Screening Tests.

HB0035  Del Jackson.  Prince George's County - Video Lottery Terminals - Local Impact Grant Distribution.

HB0036  Del Jackson.  Correctional Officers' Retirement System - Membership.

HB0037  Dels Clark and Buckel.  Income Tax - Subtraction Modification - Volunteer Fire, Rescue, or Emergency Medical Services Membership.

HB0038  Del Carr.  Property Tax - Homeowners' Property Tax Credit - Definition of Total Real Property Tax.

HB0039  Del Angel.  Natalie M. LaPrade Medical Cannabis Commission - Diversity.

HB0040  Del Frush.  Criminal Law and Procedure - Animal Abuse Registry.

HB0041  Del Angel.  Hospitals - Community Benefit Report - Disclosure of Tax Exemptions.

HB0042  Del Turner.  Vehicle Laws - Use of Handheld Telephone While Driving - Penalty.

HB0043  Del Jackson.  Income Tax - Subtraction Modification - Perpetual Conservation Easements.

HB0044  Del Ali.  Baltimore City - Alcoholic Beverages Licenses - Hours of Sale.

HB0045  Del Carey.  Creation of a State Debt - Anne Arundel County - Broadneck High School Stadium.

HB0046  Del Folden.  Motor Vehicles - Farm Equipment - Wide- or Oversize-Load Signals.

HB0047  Del Jameson.  Electronic Nicotine Delivery Systems Retailer License - Sales Through Mail or Electronic Network.

HB0048  Del Cluster.  Joint Committee on Legislative Ethics - Confidentiality of Activities - Repeal.

HB0049  Del Wilson.  General Provisions - Commemorative Months - Foster Care Month.

HB0050  Del Carr.  Property Tax - Homeowners' Property Tax Credit - Definition of Total Real Property Tax.

HB0051  Del Beidle, et al.  Creation of a State Debt – Anne Arundel County – Glen Burnie High School Field House and Athletic Complex.

HB0052  Del Wilson.  General Provisions - Commemorative Days - Foster Youth Legislative Shadow Days.

HB0053  Del Cluster.  Election Law - Private Loan to Campaign Finance Entity of Candidate - Prohibited.

HB0054  Del Lam.  State Highway Administration - Sale or Lease of Naming Rights for Rest Areas and Welcome Centers.

HB0055  Del J. Lewis.  Business Occupations – Obligations of Real Estate Brokers – Voter Registration.

HB0056  Del Carr.  Criminal Procedure - Search Warrants - Utility Meters.

HB0057  Del Angel.  Large Family Child Care Homes and Child Care Centers - Green Product Cleaning Supplies - Regulations.

HB0058  Del Brooks.  Income Tax - Subtraction Modification - Retirement Income.

HB0059  Del Jackson.  Long-Term Care Insurance - Premium Rates - Limitation.

HB0060  Del Lam.  Vehicle Laws - Electric Personal Assistive Mobility Device - Definition.

HB0061  Del Turner.  Creation of a State Debt - Howard County - Harriet Tubman Community Center and Museum Ho. Co. 4-18.

HB0062  Del Angel.  Procurement Contracts - Gender Wage Gap Reporting.

HB0063  Del Carr.  Elections - Ballots - Random Ordering of Names.

HB0064  Del Jackson.  Business Occupations - Real Estate Appraisers - Payment by Real Estate Appraisal Management Companies.

HB0065  Del Angel.  Criminal Procedure - Domestic Violence - Active Electronic Monitoring - Pretrial Release and Probation.

HB0066  Del Cluster.  Sales and Use Tax - Alcoholic Beverages - Rate Reduction.

HB0067  Del J. Lewis.  Maryland Plumbing Act - Non-Water-Conserving Fixtures and Devices - Repeal of Criminal Penalties for Sale or Installation.

HB0068  Del Angel.  Income Tax Credits - Employer Child Care Center and Employer-Provided Child Care Services.

HB0069  Del Carr.  Maryland Transportation Authority - Video Toll Civil Penalty - Distribution to the General Fund.

HB0070  Del Angel.  Maryland Dentistry Act - Scope of Practice and Penalties for Violations.

HB0071  Del Krimm.  Program of All-Inclusive Care for the Elderly ("PACE") - Limit on Number of Providers - Prohibition.

HB0072  Del McKay.  Creation of a State Debt - Washington County - Hancock Community Pool.

HB0073  Del Carr.  Vehicle Laws - Multiyear Registration.

HB0074  Del Grammer.  Education - Career Exploration and Development Activities - Coffee (Java Act).

HB0075  Del Angel.  State Board of Cosmetologists - Domestic Violence and Sexual Assault Awareness Training Requirements.

HB0076  Del Grammer.  Baltimore County Board of Education - Education Transparency Act.

HB0077  Del Holmes.  Condominiums - Claims Against Developers and Vendors - Unenforceability of Certain Provisions.

HB0078  Del Holmes.  Foreclosed Property Registry - Updated Information - Notice to Local Governments.

HB0079  Del Grammer.  Opioid Maintenance Therapy Programs - License Applications - Notice to Members of the General Assembly.

HB0080  Del Grammer.  Public Health – Opioid Maintenance Therapy Programs – License Renewal.

HB0081  Del Angel.  Family Law - Child Abuse and Neglect - Mental Injury.

[18-02-23]

 

Senate Bills

SB0001  Sen Conway, et al.  Natalie M. LaPrade Medical Cannabis Commission Reform Act.

SB0002  Sen Feldman, et al.  Family Law - Child Conceived Without Consent - Termination of Parental Rights (Rape Survivor Family Protection Act).

SB0003  Sen Eckardt.  Dorchester County - Hurlock - Alcoholic Beverages - Place-of-Worship or School Distance Restrictions.

SB0004  Sen Nathan-Pulliam.  Department of Aging - Study of Nursing Home Quality of Care.

SB0005  Sen Norman.  Civil Actions - Punitive Damage Awards.

SB0006  Chr FIN (Dept).  Financial Institutions - Nondepository Special Fund - Expansion.

SB0007  Sen Mathias.  Somerset County - Community College - Eligibility of Students to Pay No Tuition or Fees.

SB0008  Chr EHE (Dept).  State Board of Nursing - Maryland Nurse Practice Act - Revisions.

SB0009  Chr JPR (Dept).  Corporations and Associations - Fee for Processing Return of an Original Document - Repeal.

SB0010  Sen Kasemeyer (Dept).  Property Tax Assessments - Physical Inspection of Property.

SB0011  Sen Young.  Income Tax - Subtraction Modification - Retirement Income.

SB0012  Sen Klausmeier.  Motor Vehicle Laws - Registration Plates - Single Registration Plate Requirement.

SB0013  Sen Rosapepe.  Electronic Prescription Records Cost Saving Act of 2018.

SB0014  Sen Benson.  Motor Vehicle Administration - Parking Placards - Color Photograph.

SB0015  Sen Kagan.  Health Occupations - Certified Associate Counselors-Alcohol and Drug and Certified Supervised Counselors-Alcohol and Drug - Qualifications.

SB0016  Sen Muse.  Health Care Facilities - Nursing Homes - Limit on Residents per Multiple Occupancy Bedroom.

SB0017  Chr FIN (Dept).  Health Information Exchanges - Definitions and Regulations.

SB0018  Sen Waugh.  Higher Education - Senatorial Scholarships - Private Career Schools.

SB0019  Sen Reilly.  Business Regulation - Boat Winterization - Shrink Wrapping (Matthew's Law).

SB0020  Sen Young, et al.  Income Tax - Film Production Activity Tax Credit - Small or Independent Film Entities.

SB0021  Sen Benson.  Maryland Cooperative Housing Act - Dispute Settlement and Eviction Procedures.

SB0022  Sen Smith.  Debt Collection - Exemptions From Attachment.

SB0023  Sen Waugh.  Alcoholic Beverages - Distilleries - Farmers' Markets and Other Events.

SB0024  Sen Klausmeier.  State Highway Administration - Sale or Lease of Naming Rights for Rest Areas and Welcome Centers.

SB0025  Sen Astle.  Creation of a State Debt - Anne Arundel County - The Light House Homeless Prevention Support Center.

SB0026  Chr FIN (Dept).  State Agency Loan Program and Jane E. Lawton Conservation Loan Program - Merger.

SB0027  Sen Hough.  Firearms - Handgun Permit - Preliminary Approval.

SB0028  Sen Simonaire, et al.  Driver's Licenses and Identification Cards - Notation for Surviving Spouses of Veterans.

SB0029  Sen Kagan.  State Government - Websites - Language Access.

SB0030  Sen Ramirez.  Health Care Malpractice Qualified Expert - Limitation on Testimony in Personal Injury Claims - Repeal.

SB0031  Sen Bates.  State Retirement and Pension System - State Employees and Teachers - Benefits.

SB0032  Sen DeGrange.  Video Lottery Terminal Proceeds - Local Impact Grants - Distribution to Communities Near Laurel Race Course.

SB0033  Sen Reilly.  Health Insurance - Coverage for Fertility Awareness-Based Methods.

SB0034  Sen Reilly.  Chesapeake Bay Bridge Crossing - Eastern Shore Local Government Consent - Repeal.

SB0035  Sen Norman.  Labor and Employment - Lien for Unpaid Wages - District Court Jurisdiction.

SB0036  Sen Smith.  Civil Actions - Noneconomic Damages.

SB0037  Sen Young.  Income Tax – Subtraction Modification – Expenses of Medical Cannabis Grower, Processor, or Dispensary.

SB0038  Chr FIN (Dept).  Motor Vehicle Administration and Local Health Departments - Birth and Death Certificates - Issuance of Copies.

SB0039  Chr JPR (Dept).  Motor Vehicle Administration - Disability Parking Placards.

SB0040  Chr EHE (Dept).  Maryland Stadium Authority - Exemption From Department of Information Technology Oversight.

SB0041  Chr JPR (Dept).  Domestic and Foreign Nonstock Corporations - Consolidations, Mergers, and Conversions.

SB0042  Sens Norman and Cassilly.  Courts - Consumer Debt Collection Actions - Statute of Limitations.

SB0043  Chr FIN and Chr EHE (Dept).  High School Diploma by Examination - Eligibility Requirements - Exemption.

SB0044  Sen Young.  Vehicle Laws - School Buses - Inspection, Repair, and Maintenance Requirements.

SB0045  Sen Miller.  Creation of a State Debt - Prince George's County - Eagle Harbor Town Office.

SB0046  Sen Reilly.  Natural Resources – State Boat Act – Carbon Monoxide Safety.

SB0047  Sen Klausmeier.  Creation of a State Debt - Baltimore County - Parkville High School Turf Fields Project.

SB0048  Sen Mathias.  Workers' Compensation - Permanent Partial Disability - State Correctional Officers.

SB0049  Sen Simonaire.  Anne Arundel County Board of Elections - Salary.

SB0050  Sen Mathias.  Income Tax – Subtraction Modification – Retirement Income of Law Enforcement, Fire, Rescue, and Emergency Services Personnel – Eligibility.

SB0051  Sen Eckardt.  Dorchester County – Alcoholic Beverages – Beer and Wine Festivals.

SB0052  Chr FIN (Dept).  Insurance - Medicare Supplement Policy Plans - Conformity to Federal Law.

SB0053  Sen Simonaire.  Maryland Veterans Service Animal Program Fund - Alteration of Program.

SB0054  Chr FIN (Dept).  Insurance - Accountable Care Organizations - Technical Correction.

SB0055  Sen Benson.  Vehicle Laws - Speed Restrictions - Expressways and Interstate Highways.

SB0056  Sen Norman.  Civil Actions and Procedures - Garnishments - Spousal Property.

SB0057  Chr FIN (Dept).  Insurance - Medical Professional Liability Insurance Policies - Technical Correction.

SB0058  Chr EHE (Dept).  State Board for Certification of Residential Child Care Program Professionals - Revisions.

SB0059  Chr FIN (Dept).  Insurance - Antifraud Plan Requirement - Application.

SB0060  Sen Smith.  Family Law - Same-Sex Couples - Marital Presumption and Expedited Second Parent Adoption.

SB0061  Chr JPR (Dept).  Child Support - Noncustodial Parent Employment Assistance Pilot Program - Documentation and Reporting.

SB0062  Chr EHE (Dept).  Maryland Chiropractic Act - Revisions.

SB0063  Chr B&T (Dept).  Correctional Officers' Retirement System - Membership.

SB0064  Chr FIN (Dept).  State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors - Membership.

SB0065  Sen Benson.  Real Property - Regulation of Common Ownership Community Managers.

SB0066  Sen Simonaire, et al.  Health - Vital Statistics - Veteran Suicide Reporting.

SB0067  Chr FIN (Dept).  Department of Commerce - Maryland Economic Development Assistance Authority and Fund - Renaming and Revising.

SB0068  Sen Norman.  Business Regulation - Collection Agencies - Exemptions From Licensure.

SB0069  Sen Klausmeier.  Higher Education - Student Loan Notification Letter - Modifications.

SB0070  Sen Norman.  Corporations – Limited Liability Companies – Member–Trustees – Establishment.

SB0071  Chr FIN (Dept).  Insurance - Certificates of Qualification for Surplus Lines Brokers - Suspensions and Revocations.

SB0072  Sen Young.  Motor Vehicle Insurance - Use of Credit History in Rating Policies.

SB0073  Sen Norman.  Harford County Sheriff - Deputy Sheriffs and Correctional Officers - Collective Bargaining.

SB0074  Sen Ramirez.  Criminal Law - Firearms Crimes - Bump Stock.

SB0075  Sen Klausmeier.  Income Tax - Credit for Long-Term Care Premiums.

SB0076  Sen Reilly.  Creation of a State Debt - Anne Arundel County - The Arc of the Central Chesapeake Region.

SB0077  Chr EHE (Dept).  State Board of Architects and State Board for Professional Land Surveyors - Membership.

SB0078  Chr FIN (Dept).  Insurance - Risk Retention Groups - Revisions.

SB0079  Chr JPR (Dept).  Child Support - Employment Program Participation - Reinstatement of Driver's License and Expungement of Suspension.

SB0080  Chr EHE (Dept).  State Board of Occupational Therapy Practice - Licensure - Revisions.

SB0081  Sen Kasemeyer (Dept).  Sales and Use Tax - Hygienic Aids - Exemption.

SB0082  Chr JPR (Dept).  Corporations and Associations - Resident Agent - Quantity and Resignation.

SB0083  Sen Kasemeyer (Dept).  Public Service Company Franchise Tax - Return Deadline.

SB0084  Sen Kasemeyer (Dept).  Real Property Tax - Exemption Applications - Approval Authority.

SB0085  Chr EHE (Dept).  Tuition Waivers - Foster Care Recipients - Eligibility.

SB0086  Chr JPR (Dept).  Charitable Organizations - Registration Late Fees - Distribution and Use.

SB0087  Chr FIN (Dept).  Controlled Dangerous Substances - Registration, Schedules, Penalties, and Orders of Impoundment.

SB0088  Sen Benson.  Prince George's County - Land Use - Magnetic Levitation Transportation System.

SB0089  Chr EHE (Dept).  Chesapeake Bay and Coastal Zone Advisory Commission and Captive Wildlife Advisory Committee - Repeal.

SB0090  Sen Middleton.  Electronic Nicotine Delivery Systems Retailer License - Sales Through Mail or Electronic Network.

SB0091  Chr JPR (Dept).  Juvenile Law - Disclosure of Court Records.

SB0092  Sen Rosapepe.  Maryland School Overcrowding Reduction Act of 2018.

SB0093  Sen Norman.  Real Property - Wrongful Detainer Actions - Counterclaims and Cross-Claims.

SB0094  Chr EHE (Dept).  Natural Resources - Unprotected Birds - Pigeons.

SB0095  Sen Benson.  Condominiums and Homeowners Associations – Voting, Records, and Conflicts of Interest.

SB0096  Sen Norman.  Family Law - Divorce on Grounds of Mutual Consent - Court Appearance.

SB0097  Chr FIN (Dept).  Public Utilities - Transportation Network Services - Disclosure of Records.

SB0098  Sen Kasemeyer (Dept).  Property Tax - Public Utilities - Assessment Apportionment.

SB0099  Sen Norman.  Public Safety - Permit to Carry, Wear, or Transport a Handgun - Qualifications.

SB0100  Chr EHE (Dept).  Reservoir, Dam, or Waterway Obstruction Plans - Designation of Approval Authority.

SB0101  Sen Norman.  Criminal Procedure - Expungement - Time for Filing.

SB0102  Sen Rosapepe.  Airplane Passenger Public Safety Act of 2018.

SB0103  Sens Benson and Smith.  Task Force to Study the Impact of Student Cell Phone Use in the Classroom.

SB0104  Sen Norman.  Privileged Communications - Critical Incident Stress Management Services.

SB0105  Chr FIN (Dept).  State Advisory Council on Hereditary and Congenital Disorders – Membership and Appointments.

SB0106  Chr EHE (Dept).  State Board for Professional Engineers - Examination Requirements - Engineer-in-Training.

SB0107  Chr JPR (Dept).  Public Safety - Governor's Office of Crime Control and Prevention and the Maryland Statistical Analysis Center - Reporting Requirements.

SB0108  Chr FIN (Dept).  Regulation of Health Care Programs, Medical Laboratories, Tissue Banks, and Health Care Facilities - Revisions.

SB0109  Sen Reilly.  Estates and Trusts - Share of Intestate Estate Inherited by Surviving Parent - Repeal.

SB0110  Chr EHE (Dept).  State Board of Podiatric Medical Examiners – Licensure – Qualifications and Examinations.

SB0111  Chr FIN (Dept).  Maryland Health Benefit Exchange - Criminal History Records Checks - Contractors With Access to Federal Tax Information.

SB0112  Chr EHE (Dept).  Natural Resources - Tidal Fish Licenses.

SB0113  Chr EHE (Dept).  Natural Resources - Recreational License Incentive Discount Program.

SB0114  Sen Norman.  Harford County - Board of License Commissioners - Temporary License Application.

SB0115  Sen Edwards.  Deep Creek Lake Policy and Review Board – Membership and Duties.

SB0116  Sen Feldman.  Creation of a State Debt - Montgomery County - Dream Catcher Meadows.

SB0117  Sen Feldman.  Creation of a State Debt – Montgomery County – TLC’s Katherine Thomas School.

SB0118  Sen Ferguson.  Baltimore City - Alcoholic Beverages - License Transfers.

SB0119  Sen Zirkin.  Program Open Space – Local Funds – Acquisition and Development of Land for Education Purposes.

SB0120  Sen Zirkin.  Family Law - Divorce on Grounds of Mutual Consent - Parties With Minor Children.

SB0121  Sen Zirkin.  Family Law - Domestic Violence - Definition of Abuse.

SB0122  Sen Zirkin.  Criminal Law - Obstructing Justice - Penalties.

SB0123  Sen Zirkin.  Firearms - Prohibited Possession - Conviction for Harassment.

SB0124  Sen Zirkin.  Courts - Direct Action Against Insurer.

SB0125  Sen Zirkin.  Courts and Judicial Proceedings - Interception of Communications - Firearms Crimes.

SB0126  Sen Zirkin.  Criminal Procedure - Right of Appeal - Unlawful Possession of Firearm.

SB0127  Sen Zirkin.  Criminal Law - Possession of Marijuana - Criminal Threshold.

SB0128  Sen Zirkin.  Criminal Law - Possession With Intent to Distribute Marijuana - Rebuttable Presumption.

SB0129  Sen Zirkin.  Baltimore County - Polling Places on Campuses.

SB0130  Sen Zirkin.  Election of Circuit Court Judges - Nonpartisan Elections.

SB0131  Sens Zirkin and Lee.  Child Abuse and Neglect - Training.

SB0132  Sens Zirkin and Lee.  Crimes - Child Abuse and Neglect - Failure to Report.

SB0133  Sen Madaleno, et al.  Community Healthy Air Act.

SB0134  The Pres (Admin).  Small Business Relief Tax Credit.

SB0135  The Pres (Admin).  Paid Leave Compromise Act of 2018.

[18-02-24]

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

This is to certify that by an Order of the Court of Appeals dated December 14, 2017, FRANCIS A. POMMETT, III, 2 Dunmanway, Suite 211, Baltimore, Maryland 21222, has been indefinitely suspended by consent, effective December 29, 2017 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).

*   *   *   *   *   *   *   *   *   *

This is to certify that by an Order of the Court of Appeals dated January 3, 2018, MICHAEL DAVID DOBBS, 600 Jefferson Plaza, Suite 201, Rockville, Maryland 20850, has been suspended, 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).

[18-02-20]

 

 

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 January 8, 2018, the Secretary of Natural Resources adopted amendments to:

(1) Regulation .12 under COMAR 08.02.02 Soft-Shell Clams;

(2) Regulation .15 under COMAR 08.02.04 Oysters; and

(3) Regulation .03 under COMAR 08.02.07 Hard-Shell Clams.

This action, which was proposed for adoption in 44:23 Md. R. 1080—1081 (November 13, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, §4-11A-04, Annotated Code of Maryland

Notice of Final Action

[17-253-F-I]

On January 4, 2018, the Secretary of Natural Resources adopted amendments to Regulation .17 under COMAR 08.02.04 Oysters. This action, which was proposed for adoption in 44:23 Md. R. 1081—1082 (November 13, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

MARK J. BELTON
Secretary of Natural Resources

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 01 PROCEDURES

10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages

Authority: Tax-General Article, §§10-738 and 10-739, Annotated Code of Maryland

Notice of Final Action

[17-273-F]

On January 1, 2018, the Secretary of Health adopted new Regulations .01—.11 under a new chapter, COMAR 10.01.01 Income Tax Credits for Preceptors in Areas with Health Care Workforce Shortages. This action, which was proposed for adoption in 44:23 Md. R. 1095—1097 (November 13, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.44 Programs of All-Inclusive Care for the Elderly (PACE)

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

Notice of Final Action

[17-135-F]

On January 1, 2018, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.09.44 Programs of All-Inclusive Care for the Elderly (PACE). This action, which was proposed for adoption in 44:10 Md. R. 491—492 (May 12, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 26 BOARD OF ACUPUNCTURE

10.26.02 General Regulations

Authority: Health Occupations Article, §§1A–205 and 1A–301, Annotated Code of Maryland

Notice of Final Action

[17-277-F]

On January 1, 2018, the Secretary of Health adopted amendments to Regulation .03 under COMAR 10.26.02 General Regulations. This action, which was proposed for adoption in 44:23 Md. R. 1103—1104 (November 13, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 27 BOARD OF NURSING

10.27.01 Examination and Licensure

Authority: Health Occupations Article, §§8-205 and 8-312; Tax-General Article, §§10-738 and 10–739(b)(1); Annotated Code of Maryland; Chs. 385 and 386, Acts of 2016, and Chs. 234 and 235, Acts of 2017

Notice of Final Action

[17-278-F]

On January 1, 2018, the Secretary of Health adopted amendments to Regulation .02 under COMAR 10.27.01 Examination and Licensure. This action, which was proposed for adoption in 44:23 Md. R. 1104—1105 (November 13, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 52 PREVENTIVE MEDICINE

10.52.07 State Advisory Council on Health and Wellness

Authority: Health-General Article, §§13-201—13-206, Annotated Code of Maryland

Notice of Final Action

[17-279-F]

On January 1, 2018, the Secretary of Health adopted new Regulations .01—.05 under a new chapter, COMAR 10.52.07 State Advisory Council on Health and Wellness. This action, which was proposed for adoption in 44:23 Md. R. 1106—1107 (November 13, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 57 BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

10.57.03 Certification — Residential Child and Youth Care Practitioners

Authority: Health Occupations Article, §§20-205, 20-301, 20-302.1, 20-303, 20-305, 20-307, 20-310, and 20-311, Annotated Code of Maryland

Notice of Final Action

[17-280-F]

On January 1, 2018, the Secretary of Health adopted amendments to Regulation .02 under COMAR 10.57.03 Certification — Residential Child and Youth Care Practitioners. This action, which was proposed for adoption in 44:23 Md. R. 1107 (November 13, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

DENNIS SCHRADER
Secretary of Health

 

Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 01 GENERAL

30.01.02 Documents Incorporated by Reference

Authority: Education Article, §13-516, Annotated Code of Maryland

Notice of Final Action

[17-207-F-I]

On December 12, 2017, the Maryland State Emergency Medical Services Board adopted amendments to Regulation .01 under COMAR 30.01.02 Documents Incorporated by Reference. This action was taken at a public meeting notice of which was given by publication on the Maryland Institute for Emergency Medical Systems website, www.miemss.org, from September 1, 2015, through December 12, 2017, under General Provisions Article, §3-302(c), Annotated Code of Maryland. This action, which was proposed for adoption in 44:22 Md. R. 1059—1060 (October 27, 2017), has been adopted as proposed.

Effective Date: January 29, 2018.

JEANNIE ABRAMSON
Chief Administrative Officer

 

 

Withdrawal of Regulations

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 32 UNEMPLOYMENT INSURANCE

09.32.01 Obligations of Employers

Authority: Labor and Employment Article, §§8-201 and 8-205, Annotated Code of Maryland

Notice of Withdrawal

[17-076-W]

The Secretary of Labor, Licensing, and Regulation withdraws amendments to Regulation .18 under COMAR 09.32.01 Obligations of Employers as published in 44:3 Md. R. 194—195 (February 3, 2017).

KELLY M. SCHULZ
Secretary of Labor, Licensing, and Regulation

 

Proposed Action on Regulations

 

Title 04
DEPARTMENT OF GENERAL SERVICES

Subtitle 05 BUILDINGS AND GROUNDS

Notice of Proposed Action

[18-020-P]

The Secretary of General Services proposes to amend:

(1) Regulation .08 under COMAR 04.05.01 General Regulations; and

(2) Regulation .02 under COMAR 04.05.02 Legislative Branch Buildings and Grounds in Annapolis.

Statement of Purpose

The purpose of this action is to clarify regulations; specify the limitations and steps that must be taken by an applicant to receive a permit for a demonstration, rally or operation of an unmanned aircraft on or above General Services property; and, designate the Secretary of the Department of General Services or designee as authorized personnel.

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 Turhan Robinson, Principal Counsel, Department of General Services, 300 W. Preston St., Suite 608 Baltimore MD 21201, or call 410-767-4990, or email to Turhan.Robinson@maryland.gov, or fax to 410-767-7654. Comments will be accepted through February 20, 2018. A public hearing has not been scheduled.

 

04.05.01 General Regulations

Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13; State Finance and Procurement Article, §§4-604(6) and (7), 4-607(a) and (c); State Government Article, §2-1702; Criminal Law Article, §§4-208 and 6-409; Annotated Code of Maryland

.08 Demonstrations and Rallies.

A. (text unchanged)

B. The [Superintendent of Baltimore Public Buildings and Grounds, or the respective managers of the multiservice centers, or the on-site manager of any other Department of General Services property,] Secretary of the Department of General Services or designee shall predesignate certain outdoor or indoor areas of the property, traditionally considered public forums, as sites for proposed demonstrations and rallies.

C. An applicant for a demonstration or rally can request any other area on the property and [the superintendent or manager] Secretary of the Department of General Services or designee shall make every effort to accommodate the request, consistent with safety, security, and traffic concerns, and the least disturbance to employees in the performance of their duties, and not preventing the general public from obtaining the government services that are provided on the property.

D. Individuals or groups wishing to hold demonstrations or rallies [should] shall apply in writing at least 2 days in advance to the [superintendent or manager] Secretary of the Department of General Services or designee for a permit[, unless extraordinary circumstances prevent the applications].

E. Permits are issued at no cost to the applicant on a first-come, first-served basis. The [superintendent or manager] Secretary of the Department of General Services or designee may not refuse to issue a permit based on the:

 (1) Subject matter of the demonstration; or

 (2) Applicant[; or

 (3) Lateness of the permit application].

F. The [superintendent or manager] Secretary of the Department of General Services or designee shall have discretion only as to matters of scheduling, safety, security, and traffic.

G. The applicant [should] shall designate, by name, at least one individual to be present at the demonstration who will wear an armband or other identifying insignia and be responsible for advising the demonstrators on compliance with applicable laws and regulations.

H. Signs and placards are permitted, but signs and placards mounted on sticks and poles are not permitted.

I. An individual may not have a firearm in the individual’s possession within 1,000 feet of a demonstration on the property.

J. An individual may not physically attach, project or illuminate any banner, sign or message to a State building.

K. An individual may not operate an unmanned aircraft on or above any Department of General Services property, excluding law enforcement or emergency services agencies.  An individual shall request a waiver from the Secretary of the Department of General Services or designee.

 

04.05.02 Legislative Branch Buildings and Grounds in Annapolis

Authority: United States Constitution, Amendments 1 and 14; Maryland Constitution, Declaration of Rights, Article 13; State Finance and Procurement Article, §4-604(6) and (7) 4-607(a) and (c) State Government Article, §2-1702; Criminal Law Article, §4-208 and 6-409; Annotated Code of Maryland

.02 Demonstrations and Rallies.

A.—B. (text unchanged)

C. In case of preemption or conflicting scheduling of Lawyer’s Mall, demonstrations may be conducted in other nearby outdoor areas if agreeable with the applicant for the demonstration permit and the [Superintendent of Annapolis Public Buildings and Grounds] Secretary of the Department of General Services or designee.

D.—E. (text unchanged)

F. Permits shall be issued at no cost to the applicant on a first-come, first-served basis. The [superintendent or manager] Secretary of the Department of General Services or designee may not refuse to issue a permit based on the:

(1)—(3) (text unchanged)

G. The [Superintendent of Annapolis Public Buildings and Grounds] Secretary of the Department of General Services or designee shall have discretion only as to matters of scheduling, safety, security, and traffic.

H.—J. (text unchanged)

ELLINGTON E. CHURCHILL
Secretary of General Services

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

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

Notice of Proposed Action

[18-027-P-I]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.02.01 General.

 

Statement of Purpose

The purpose of this action is to incorporate by reference the fishery management plans for largemouth bass and mackerel. The department uses fishery management plans to guide actions taken to conserve and manage the species. The proposed action incorporates the Chesapeake and Atlantic Coast King and Spanish Mackerel Fishery Management Plan (1994) and the Fishery Management Plan for Largemouth Bass (Micropterus salmoides) in Maryland Tidewater (January 2014) into regulation. The largemouth bass plan provides a management framework for the protection, maintenance, and improvement of largemouth bass fisheries and supports the development of policy decisions in tidal waters of Maryland. The plan went through extensive internal and external public review, including review by the Sport Fisheries Advisory Commission. The mackerel plan has been in place since 1994, but was inadvertently left off of the list when the other plans were incorporated. The proposed action reorganizes the regulation to create one list of fishery management plans organized by the date that the original plan was created.

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 Fishery Management Plan 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 February 20, 2018. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

   Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Chesapeake and Atlantic Coast King and Spanish Mackerel Fishery Management Plan (1994), and the Fishery Management Plan for Largemouth Bass (Micropterus salmoides) in Maryland Tidewater (January 2014) have been declared documents generally available to the public and appropriate for incorporation by reference.  For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State.  A list of these depositories was published in 45:1 Md. R. 8 (January 5, 2018), and is available online at www.dsd.state.md.us. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

.01 Fishery Management Plans.

A. The following [Chesapeake Bay Program Agreement Commitment Reports (]Fishery Management Plans[)] are adopted and incorporated by reference:

(1)—(12) (text unchanged)

(13) Chesapeake and Atlantic Coast King and Spanish Mackerel Fishery Management Plan (1994);

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

[(14)] (15) Chesapeake Bay and Atlantic Coast Tautog Fishery Management Plan (December 1998); [and]

(16) Coastal Bays Blue Crab Fishery Management Plan (September 2001);

(17) Coastal Bays Hard Clam Fishery Management Plan (February 2002);

[(15)] (18) Maryland Tidewater Yellow Perch Fishery Management Plan (November 2002)[.]; and

(19) Fishery Management Plan for Largemouth Bass (Micropterus salmoides) in Maryland Tidewater (January 2014).

[B. The following Coastal Bays Fishery Management Plans, as directed by The Comprehensive Conservation and Management Plan for Maryland’s Coastal Bays, are adopted and incorporated by reference:

(1) Coastal Bays Blue Crab Fishery Management Plan (September 2001); and

(2) Coastal Bays Hard Clam Fishery Management Plan (February 2002).]

[C.] B. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-701, Annotated Code of Maryland

Notice of Proposed Action

[18-021-P]

The Secretary of Natural Resources proposes to amend Regulation .05 under COMAR 08.02.01 General.

Statement of Purpose

The purpose of this action is to modify the number of commercial fishing license authorization targets. The proposed action makes modifications to the authorization targets to reflect the number of tidal fish license conversions made in the 2016—2017 license year. Natural Resources Article, §4-701, Annotated Code of Maryland allows the conversion (downgrade) of an unlimited tidal fish license (UTFL) into its individual component authorizations and requires the department to adjust all authorizations accordingly. Downgrading a UTFL decreases the UTFL target and increases the target of each license type that is included in a UTFL (resident fishing guide (FGR), unlimited finfish harvester (FIN), crab harvester 300 pot (CB3), clam harvester (CLM), oyster harvester (OYH), oyster dredge boat (ODB), and conch turtle lobster (CTL)). The number and type of authorizations involved in a downgrade of a UTFL provide the basis for changes to the license authorization target levels.

During the 2016—2017 license renewal period, 9 individuals downgraded their UTFL. Applicants could choose which license components of the UTFL they wanted to retain. In summary, the UTFL number is decreased by 9 and the number for FGR, FIN, CB3, CLM, OYH, ODB, and CTL is increased by 9 each.

The proposed action shows the target number for each authorization available after all of the additions and subtractions. The targets are correct as of April 1, 2017. The Tidal Fisheries Advisory Commission was consulted regarding these changes at their April 2017 meeting and did not have any questions or concerns.

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 License Target Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B2, 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 February 20, 2018. A public hearing has not been scheduled.

.05 Targets for the Number of Tidal Fish License Authorizations [and Apprenticeship Permits].

A. The targets for the number of tidal fish license authorizations issued by the Department are the number of authorizations issued between September 1, 1998, and March 31, 1999, including adjustments made annually according to specifications listed in §B of this regulation, listed by the following categories:

 

Abbreviation

Authorization

Number

FGR

Fishing Guide Resident

[481] 490

FGN — HLI

(text unchanged)

 

FIN

Unlimited Finfish Harvester

[263] 272

LCC —

LCCM

(text unchanged)

 

CB3

Crab Harvester—300 Pots

[262] 271

CB6 — CB9

(text unchanged)

 

CLM

Clam Harvester

[31] 40

OYH

Oyster Harvester

[696] 705

ODB

Oyster Dredge Boat

[23] 32

CTL

Conch, Turtles, and Lobster Harvester

[30] 39

TFL

Unlimited Tidal Fish

[2,100] 2091

 

B.—C. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-214, Annotated Code of Maryland

Notice of Proposed Action

[18-029-P]

The Secretary of Natural Resources proposes to amend Regulation .07 under COMAR 08.02.01 General.

Statement of Purpose

The purpose of this action is to add three new areas to a geographically diverse network of license free fishing areas throughout the state in order to promote recreational fishing. License free fishing areas recruit anglers to fishing that may not otherwise try the activity if they had to pay a license fee. This action adds new license free fishing areas with a focus on youth, families and demographic diversity.

During the winter and spring of 2017, three local municipalities submitted requests asking the Department to consider the addition of new license free fishing areas. The submissions were reviewed for potential fishing success, safety considerations (traffic, parking and security), accessibility, cleanliness, amenities and geographical distribution in relation to existing sites. The Sport Fisheries Advisory Commission discussed the areas at their meeting in July and supported the additions because the areas are well-used and provide adequate parking, park areas, and safe, family environments. The proposed action adds license free fishing areas in Cecil County at Ice House Park in Perryville, Somerset County at Crisfield City Dock, and Caroline County at Greensboro Waterfront Park.

An individual fishing in a license free fishing area is required to observe all fishing laws and regulations. A free angler registration is required for anglers fishing without a license in designated tidal license free fishing areas. An individual is exempt from all other license fees and requirements.

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 may have short-term and long-term effects on the Department and may have an impact on recreational anglers.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

 (1) Short-term effects

(R-)

Indeterminable

 (2) Long-term effects

(R+)

Indeterminable

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(1). It is possible that the Department may see a small drop in license sales due to the fact that new license free fishing areas are being created. If anglers only fish those areas, they will no longer need to purchase a license. It is not known how many anglers fish at the new license free fishing areas exclusively, so it is not possible to determine the possible extent in the decrease in revenue.

A(2). The Department anticipates that by creating new license free fishing areas in better and more diverse locations, individuals with no previous fishing experience may be more likely to try fishing. Assuming those individuals enjoy the experience, the hope is that they will then become license purchasers, increasing Department revenues in the long-term. Because it is not known at this time how many new anglers will visit the new license free fishing areas, or how many of those new anglers will ultimately purchase fishing licenses to be able to go fishing elsewhere, the economic impact is indeterminable.

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 proposed action adds license free fishing areas that provide access to individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to License Free Fishing Area 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 February 20, 2018. A public hearing has not been scheduled.

.07 Recreational Fishing License and Registration.

A.—C. (text unchanged)

D. Free Fishing Areas in Tidal Waters. An individual fishing in an area described in this section shall be registered in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, and is exempt from all other license fees and requirements.

(1)—(3) (text unchanged)

(4) Caroline County:

(a) Denton — Pier associated with G. Daniel Crouse Memorial Park on the east side of Choptank River north of Maryland Route 404 Bridge; [and]

(b) Federalsburg Municipal Park — City-owned bulkhead, pier and banks within park boundaries on Marshyhope Creek[.]; and

(c) Greensboro Waterfront Park — Upstream of the Sunset Avenue bridge within park boundaries on the Choptank River.

(5) Cecil County:

(a) Charlestown — Town-owned stone wharf on the Northeast River near the corner of Conestoga and Water Streets and the historic site of Charlestown Wharf; [and]

(b) North East — North East Community Park at mouth of North East Creek[.]; and

(c) Perryville — Within the park boundaries of Ice House Park downstream of the Route 40 bridge on the Susquehanna River.

(6)—(9) (text unchanged)

(10) Somerset County: []

(a) Janes Island State Park — Bulkhead area on Daugherty Creek within the boundaries of Janes Island State Park[.]; and

(b) Crisfield City Dock — City dock/depot area at the end of West Main Street.

(11)—(12) (text unchanged)

E. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.03 Crabs

Authority: Natural Resources Article, §§4-803 and 4-810, Annotated Code of Maryland

Notice of Proposed Action

[18-028-P]

The Secretary of Natural Resources proposes to amend Regulations .08 and .14 under 08.02.03 Crabs.

Statement of Purpose

The purpose of this action is to make changes to the commercial crab fishery. Specifically the proposed action modifies the dates for importing sponge crabs and the size of the letters displayed on vessels.

The industry has been asking the Department for flexibility in the dates that sponge crabs are allowed to be imported to Maryland. The department developed management options for the importation of sponge crabs based on feedback received during the May 11, 2017 crab committee meeting and based on conversations with members of the industry over the past few years. The options were discussed at the Blue Crab Industry Advisory Committee meeting September 28, 2017. The committee supported the expansion of the sponge crab importation time frame from 71 days (April 25 - July 5) to 122 days (April 15 - August 15). However, further discussion at the Tidal Fisheries Advisory Commission meeting October 26, 2017 resulted in the recommendation to keep the time frame to a 71 consecutive day period. The time frame must be between April 10 and July 20, but the specific dates would be adjusted by public notice. This is intended to allow more flexibility for the crab processors in Maryland to acquire the necessary product for their businesses while conserving the resource. The dates would be set by public notice after consultation with the processors and could be modified on an annual basis. The proposed action removes the current dates and establishes the length of the import window, dates that the import window must occur and rules for the public notice.

The proposed action changes the minimum height requirement for the abbreviation of the day off from 4 inches to 3 inches to be consistent with the rest of the commercial marking requirements. The size for the numbers required to mark commercial vessels was changed from 4 inches to 3 inches in 2016. The crab requirement was overlooked at the time. Three inch numbers and letters are the standard size sold in stores as well as the standard used by the industry.

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 may benefit the crab processors in Maryland.

 

 

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) Letter Height

NONE

None

(2) Import Time Frame

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D(1). The change to the letters is for clarification and does not place any burden on licensees.

D(2). Establishing the import time period by public notice each year provides flexibility for the crab processors in Maryland to acquire the necessary product for their businesses. Processors may also use this information to determine when to hire seasonal workers. The impact is indeterminable as the department does not know what the extent of the impact would be on the affected parties.

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 may have a positive economic impact for crab processors. Please see the assumptions in the Types of Economic Impact for more information.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Blue 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 February 20, 2018. The location and time of a public hearing will be determined at a later date.

.08 Egg-Bearing Female Crabs.

A. (text unchanged)

B. [From April 25 through July 5, a] A female crab from which the egg pouch or bunion has been removed, or an egg-bearing female crab known as the sponge crab may be imported into Maryland from another state by a dealer or crab processing plant[, if]:

(1) If accompanied by a bill of sale or bill of lading from the jurisdiction of origin; and

(2) Only during the time period specified in the public notice issued in accordance with §C of this regulation.

C. Public Notice.

(1) In consultation with blue crab industry advisory groups, the Department shall issue a public notice to establish a time period of 71 consecutive days when a female crab from which the egg pouch or bunion has been removed, or an egg-bearing female crab known as the sponge crab may be imported into Maryland from another state.

(2) The import time period may not begin prior to April 10 or end after July 20.

(3) The public notice shall be published on the Department’s website by April 1 of each year.

(4) The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected individual has a reasonable opportunity to be informed.

(5) A violation of the restrictions set by the Secretary in accordance with section is a violation of this regulation.

.14 General Prohibitions.

A.—B. (text unchanged)

C. Closed Day Declaration of Intent.

(1) (text unchanged)

(2) Display of Declaration. The letters for the abbreviation of the day off shall be identified and displayed on the vessel and shall be painted or firmly attached to the port side near the stern of the vessel as follows:

(a) (text unchanged)

(b) The letters shall be plain vertical block characters of not less than [4] 3 inches in height and shall contrast with the color of the background;

(c)—(d) (text unchanged)

(3) (text unchanged)

D.—G. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

Notice of Proposed Action

[18-030-P]

The Secretary of Natural Resources proposes to:

(1) Adopt new Regulation .17 under COMAR 08.02.05 Fish; and

(2) Amend Regulation .03 under COMAR 08.02.12 Endangered and Threatened Fish Species.

Statement of Purpose

The purpose of this action is to list Cobia (Rachycentron canadum) as in need of conservation and adopt both recreational and commercial management measures which are based on the current status of the biology, fisheries, and economic and management considerations. According to the information in the Atlantic States Marine Fisheries Commission (ASMFC) Interstate Fishery Management Plan for the Atlantic Migratory Group Cobia, cobia are in need of protection against the potential negative impacts resulting from an unregulated fishery.

“Conserve” means to use all methods and procedures for the purpose of increasing the number of individuals within a species or population up to the optimum carrying capacity of their habitat and maintaining these levels. Methods of conservation include activities associated with scientific resources management, such as research, census, law enforcement, habitat acquisition and maintenance, propagation and live trapping and transplantation, including the periodic or total protection of species or populations as well as regulated taking.

Cobia are caught in both state and federal waters along the Atlantic Coast and in the Chesapeake Bay. Cobia harvest in Maryland is currently unregulated. Cobia are currently managed by the National Marine Fisheries Service with the advice of the South Atlantic Fishery Management Council (Council). In 2015, both the total federal annual catch limits of Atlantic migratory group cobia were exceeded. As a result, changes in management are needed in order to protect against the potential negative impacts resulting from an unregulated fishery in Maryland. In November 2017, ASMFC approved a new Interstate Fishery Management Plan for the Atlantic Migratory Group Cobia to complement fishery management efforts of the Council. This action responds to a request to ASMFC from the Council to consider joint or complementary management of the resource in light of the significant overage of the 2015 federal recreational acceptable catch limit (ACL), the impact of those overages to state management, and the observation that approximately 82% of reported recreational landings are harvested in state waters. The addition of cobia to the in need of conservation list provides the Secretary of Natural Resources authority to adopt rules and regulations relating to the taking, possession, transportation, sale or offer for sale, size limits, and other regulations necessary to conserve the species in alignment with requirements set forth in the ASMFC Interstate Fishery Management Plan for the Atlantic Migratory Group Cobia. Appropriate conservation and management measures for this species in Maryland and in partner states along the coast will ensure that the fishery is maintained within management targets and thresholds, providing for species sustainability.

The proposed action adds cobia to the in need of conservation list and creates rules for both the recreational and commercial fisheries. The proposed action establishes rules to allow changes to the regulation by public notice so that Maryland may implement management measures of the Interstate Fishery Management Plan in a timely manner.

 

Cobia (Rachycentron canadum)

 

Biology

Cobia are a member of the family Rachycentridae and has historically been managed in the federal “Coastal Migratory Pelagic Fishery Management Plan” because of its migratory behavior. Cobia are distributed worldwide in tropical, subtropical and warm-temperate waters. In the western Atlantic it occurs from Nova Scotia, Canada, south to Argentina, including the Caribbean Sea. They are abundant in warm waters off the coast of the U.S. from the Chesapeake Bay south and throughout the Gulf of Mexico (Gulf). Cobia prefer water temperatures between 68-86°F. As a pelagic fish, cobia are found over the continental shelf as well as around offshore natural and artificial reefs. Cobia frequently reside near any structure that interrupts the open water such as pilings, buoys, platforms, anchored boats, and flotsam, and are often seen under or accompanying rays, large coastal sharks, and sea turtles. Cobia are also found inshore inhabiting bays, inlets, and mangroves. Cobia form large aggregations, spawning during daylight hours between June and August in the Atlantic Ocean near the Chesapeake Bay and off North Carolina in May and June, and in the Gulf during April through September. Spawning frequency is once every 9-12 days, spawning 15-20 times during the season. During spawning, cobia undergo changes in body coloration from brown to a light horizontal-striped pattern, releasing eggs and sperm into offshore open water. Cobia have also been observed spawning in estuaries and shallow bays with the young heading offshore soon after hatching. Cobia eggs are spherical, averaging 1.24 mm in diameter. Larvae are released approximately 24-36 hours after fertilization. Newly hatched larvae are 2.5 mm long and lack pigmentation. Five days after hatching, the mouth and eyes develop, allowing for active feeding. A pale yellow streak is visible, extending the length of the body. By day 30, juveniles take on the appearance of adult cobia with two color bands running from the head to the posterior end. Weighing up to a record 61 kg (135 lbs), cobia are more common at weights of up to 23 kg (50 lbs). They reach lengths of 50-120 cm (20-47 in), with a maximum of 200 cm (79 in). Cobia grow quickly and have a moderately long life span. Maximum ages observed for cobia in the Gulf were 9 and 11 years for males and females, respectively, while off North Carolina maximum ages were 14 and 13 years, respectively. Females reach sexual maturity at 3 years of age and males at 2 years in the Chesapeake Bay region. During autumn and winter months, cobia presumably migrate south and offshore to warmer waters. In early spring, migration occurs northward along the Atlantic coast. Significant efforts are currently underway using various tagging methods to better understand the migratory behavior of cobia.

The Atlantic and Gulf migratory groups of cobia were assessed by the SouthEast Data Assessment and Review process (SEDAR 28) in 2013 which determined that the stock is not overfished or experiencing overfishing although biomass has been trending steadily downward over the previous two decades. The subsequent catch limits recommended by the Council’s Scientific and Statistical Committee recommended and acceptable biological catch (ACL) for Atlantic quota. This level was significantly exceeded in 2015 and 2016 and further quota overages could result in overfishing and lead to an overfished stock. (Atlantic States Marine Fisheries Commission. 2017. Draft Interstate Fishery Management Plan for Atlantic Migratory Group Cobia for Public Comment)

 

Fisheries

Maryland has very low commercial and recreational landings for cobia, although it is gaining interest in all sectors in Chesapeake Bay, particularly among Chesapeake charter boat captains. Availability is sporadic as Maryland is at the Northern end of the fish’s range. Commercially, landings in Maryland since 2013 have ranged from 76 to 1,386 pounds, with the majority of these landings coming from the Atlantic coast. Harvest has increased steadily between 2015 and 2017 possibly reflecting an increasing availability of fish. Maryland has very low incidence of recreational harvest with recorded harvest of 1,287 pounds in 2010 and 1,762 pounds in 2016.

 

Economic Considerations

Because cobia remain a relatively rare fish in Maryland, the proposed regulations are unlikely to have a substantial immediate economic effect. However, it has been postulated that the fish are expanding their range northward with warming temperatures. The proposed regulations would therefore prevent a new fishery from emerging and would be a barrier to new economic opportunity should it arise. However, all states from Florida north to New Jersey will be fishing with the same commercial regulations (2 fish per person per day, with a vessel maximum of 6 fish), and Maryland has the opportunity to match Virginia’s recreational regulations. Virginia has a thriving recreational and charter boat cobia fishery so Maryland will not be disadvantaged by having more restrictive regulations.

 

Management Framework

Cobia are currently managed by the ASMFC through the Interstate Fishery Management Plan for Atlantic Migratory Group Cobia which was adopted in November 2017. The plan provides complementary management to federal management measures. The plan provides states from Virginia, south to Florida with a soft target harvest, so that catches in those states will be evaluated every three years relative to the target. Because harvest of cobia is rare in Maryland, it does not have a target, but the commercial fishery rules will be consistent with other states and recreational regulations can match those in Virginia.

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 Cobia 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 February 20, 2018. A public hearing has not been scheduled.

 

08.02.05 Fish

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

.17 Cobia.

A. Recreational. The recreational size limit, catch limit, and season for cobia shall be established and may be modified through a public notice issued in accordance with §C of this regulation.

B. Commercial.

(1) Minimum Size. An individual who harvests cobia for commercial purposes may not catch or possess a cobia with a fork length that is less than 33 inches.

(2) Daily Catch Limits.

(a) Except as provided in §B(2)(b) and (c) of this regulation, a commercial licensee may not catch, possess, or land more than two cobia per person per day.

(b) A commercial licensee with one additional individual on board the vessel may not catch, possess, or land more than four cobia per vessel per day.

(c) A commercial licensee with two or more additional individuals on board the vessel may not catch, possess, or land more than six cobia per vessel per day.

(3) A person may not catch, possess, or land cobia for commercial purposes when the National Oceanic and Atmospheric Administration closes the fishery in federal waters.

(4) Cobia harvested for commercial purposes from Maryland waters of the Atlantic Ocean or from the waters of the Exclusive Economic Zone (EEZ) and landed in Maryland shall be sold to a federally permitted dealer.

C. Public Notice.

(1) The Secretary may establish or modify catch limits, size limits and seasons for cobia in order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for the Atlantic Migratory Group of Cobia, by issuing a public notice on the Department’s website.

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

(3) The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected individual has a reasonable opportunity to be informed.

(4) A violation of the restrictions set by the Secretary in accordance with this section is a violation of this regulation.

 

08.02.12 Endangered and Threatened Fish Species

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

.03 Listing of Species.

A. The following species are listed as in need of conservation:

(1)—(17) (text unchanged)

(18) Atlantic menhaden (Brevoortia tyrannus); [and]

(19) Jonah crab (Cancer borealis)[.]; and

(20) Cobia (Rachycentron canadum).

B. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.11 Fishing in Nontidal Waters

Authority: Natural Resources Article, §4-602, Annotated Code of Maryland

Notice of Proposed Action

[18-023-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.02.11 Fishing in Nontidal Waters.

Statement of Purpose

The purpose of this action is to create a new delayed harvest trout fishing area. The proposed action adds the South Branch Patapsco River from West Friendship Road (Howard Co) and Main Street (Carroll Co) upstream approximately 1.1 miles to the upper boundary of the Hugg Thomas Wildlife Management Area (WMA) to the list of Group 1 Delayed Harvest Trout Fishing Areas.

The removal of Bloede Dam will result in the loss of a very popular put-and-take trout fishing area in the Patapsco River. The Patapsco Valley Chapter of Trout Unlimited has urged the department to consider additional delayed harvest fishing areas to maximize trout fishing recreation. The proposed area will increase angler access and trout fishing opportunities on public land in the Patapsco River watershed and mitigate the recreational angling opportunities that will be impacted with the removal of Bloede Dam. The proposed area is about the same size of area that will be impacted by the removal of the dam.

The proposed timeline for dam removal activities indicates that recreational fishing will be heavily impacted during the winter of 2018 and during the 2019 season at a minimum. Trout will be stocked in the proposed area by slightly reducing the number of trout stocked at several nearby locations during 2018. The trout allocated to the Patapsco River (Avalon) section affected by the removal of Bloede Dam during 2019 will be distributed among the proposed delayed harvest area and other nearby trout fishing areas.

The proposed delayed harvest fishing area is within the Hugg Thomas Wildlife Management Area under the management of the Wildlife and Heritage Service. Freshwater Fisheries staff and Wildlife and Heritage staff met on site to discuss the proposal and determine the potential conflicts between anglers and hunters. Parking at the Hugg Thomas Wildlife Management Area is limited to individuals with permits, but anglers can access the stream corridor from designated parking areas outside of the wildlife management area. Parking and access by foot is available from existing areas owned by Howard County on West Friendship Road. Additional fishing and stocking access is available near the upstream proposed boundary through property owned by Carroll County and the Town of Sykesville. No stocking will take place during the fall months to avoid any disturbance of hunting activities. Freshwater Fisheries will continue to work with Wildlife and Heritage to provide a fishing opportunity at Hugg Thomas Wildlife Management Area that will not conflict with the goals, objectives, and primary use of the wildlife management area.

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 Trout 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 February 20, 2018. A public hearing has not been scheduled.

.01 Trout Fishing and Management Areas.

A.—F. (text unchanged)

G. Delayed Harvest Trout Fishing Areas and Requirements.

(1) Group I Delayed Harvest Trout Fishing Areas and Restrictions.

(a) Group I Fishing Areas.

(i)—(iv) (text unchanged)

(v) South Branch Patapsco River from West Friendship Road (Howard County) and Main Street (Carroll County) upstream approximately 1.1 mile to the upper boundary of the Hugg Thomas Wildlife Management Area.

(b)—(c) (text unchanged)

(2) (text unchanged)

H. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

Authority: Natural Resources Article, §§4-215, 4-2A-03, 4-701, 4-704,
4-704.1, 4-731, Annotated Code of Maryland

Notice of Proposed Action

[18-024-P]

The Secretary of Natural Resources proposes to amend Regulations .04 and .07 under COMAR 08.02.15 Striped Bass.

Statement of Purpose

The purpose of this action is to extend the pound net season, change the declaration procedures for the Chesapeake Bay common pool fishery, and allow for partial in-season transfers of both allocation (temporary) and shares (permanent) in both the Chesapeake Bay and Atlantic Ocean commercial striped bass fisheries. These actions were recommended by the Commercial Striped Bass Industry Advisory Work Group and the Tidal Fisheries Advisory Commission.

The Department has extended the pound net season from November 30 to December 31 for the last three years by public notice. This action makes that extension in regulation so there will be certainty for the pound net fishermen as to when they will be able to use that gear in upcoming seasons.

The action requires an individual who registers for the Chesapeake Bay common pool fishery to have a baseline share (0.0185 percent of the Chesapeake Bay commercial quota) for each permit they use to land fish in the common pool. Some permittees have multiple permits but only the baseline share of the Chesapeake Bay commercial quota. Current rules allow for any number of permits to be entered into the common pool and fished by a permittee as long as the individual has the baseline share. This has led to what the industry perceives as an unfair result, with individuals harvesting much more than they have contributed to the common pool due to registering multiple permits with only one baseline share. This change will provide a more equitable result in the common pool.

The action allows for partial in-season transfers of both allocation and shares in both the Chesapeake Bay and Atlantic Ocean commercial striped bass fisheries. Current rules require the in-season transfer of allocation to be an “all or nothing” transaction, meaning that once the season begins, an individual must transfer all of their remaining allocation if they wanted to transfer any of their allocation. Additionally, the only way for an individual to transfer a share during the season is if they transfer their entire commercial business, including their license and striped bass permit. This action will allow individuals to transfer a share during the season without having to transfer their license and striped bass permit. The Department will establish by public notice prior to the start of the season the date by which any partial in-season transfers must be completed. Transfers of the entirety of an individual’s allocation or share would not be affected and could be completed at any time during the season. The Department will also establish by public notice the increment of allocation or share by which any partial in-season transfer must be completed. In order to effectively administer the striped bass fishery, partial transfers will have to be completed in this increment, which is based on the average number of striped bass a sealed, full bag of tags would be able to tag. This increment must be established yearly based on the average size of striped bass that year.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action has a potential net positive economic impact on the regulated industry. By extending the pound net season in the Chesapeake Bay commercial striped bass fishery, fishermen will have access to a more efficient gear type for a longer period of time. By allowing for partial in-season transfers of both allocation and shares in the Chesapeake Bay and Atlantic Ocean commercial striped bass fisheries, participants in those fisheries will be able to maximize the value of their allocation and share of the commercial striped bass fishery and enjoy greater flexibility in their business practices.

 

 

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) Extension of Chesapeake Bay Pound Net Season

(+)

Indeterminable

(2) Partial In-Season Transfers

(+)

Indeterminable

(3) Common Pool Declaration Requirements

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D(1). By extending the Chesapeake Bay pound net season for the commercial harvest of striped bass, participants in the Chesapeake Bay commercial striped bass fishery will have access to a more efficient gear type for an additional month, compared with the current rules. This access should decrease operating costs for fishery participants. Furthermore, with the additional month to use this gear type, participants will have greater flexibility in when they choose to harvest their allocation. This will potentially lead to increased profits, depending on market fluctuations.

D(2). Allowing partial in-season transfers should allow participants in the Chesapeake Bay and Atlantic Ocean commercial striped bass fisheries to better achieve the statewide quota and increase business flexibility. Current rules only allow for partial transfers prior to the season and must be completed between July 15 and September 15 of each year. This requires any partial transfer to be completed 3 to 8 months prior to when a harvester would begin harvesting activity, depending on gear type. Because any number of scenarios can happen between the close of the pre-season transfer window and the beginning of harvesting activities that would limit the amount of time a harvester could dedicate to commercial striped bass harvesting, some amount of allocation every year goes uncaught due to the inability of harvesters to transfer a portion of their allocation. By allowing partial in-season transfers, harvesters who are no longer able to fully utilize their allocation will have the option to transfer a portion of their allocation during the season while retaining that portion they believe they will be able to harvest. Allowing in-season transfers will also allow active harvesters to acquire additional allocation that otherwise might not have been made available for transfer if the transferor would have had to transfer the entirety of the allocation. All of these factors mean it is more likely that the participants in these fisheries will fully achieve the statewide quota through this increased business flexibility.

D(3). The industry has requested that the department require a minimum baseline allocation to be associated with each permit declared in the Chesapeake Bay common pool fishery to address fairness issues. Currently, an individual can declare up to five permits in the common pool fishery so long as the individual has the minimum baseline allocation, then fish each of those permits in the fishery. This means that one person might fish five permits in the common pool fishery having contributed one baseline allocation while other participants would be fishing one permit in the fishery having contributed one baseline allocation. The majority of participants only have one permit, so the proposed action will allow for more equitable access to more allocation for the majority of the fishery. Because the quota allocated to the common pool is made up of the total quota associated with all of the permits entered into the fishery, requiring each permit to contribute to the total allocation will increase the total number of pounds available to the fishery. This will result in a positive economic impact to the majority of the participants in the Chesapeake Bay common pool fishery.

Economic Impact on Small Businesses

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

The proposed action has a meaningful economic impact on licensed commercial fishermen, the majority of whom are small businesses. By extending the pound net season in the Chesapeake Bay commercial striped bass fishery, fishermen will have access to a more efficient gear type for a longer period of time. By allowing for partial in-season transfers of both allocation and shares in the Chesapeake Bay and Atlantic Ocean commercial striped bass fisheries, participants in those fisheries will be able to maximize the value of their allocation and share of the commercial striped bass fishery and enjoy greater flexibility in their business practices.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Commercial Striped Bass Regulations, Regulatory Staff, Maryland 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 February 20, 2018. A public hearing has not been scheduled.

.04 Tidal Fish Licensee Intent to Fish.

A.—C. (text unchanged)

D. Commercial Fisheries.

(1) Chesapeake Bay Common Pool Fishery.

(a)—(c) (text unchanged)

(d) An individual who registers more than one permit in the common pool fishery may land fish under a permit only if that individual possesses a share of the Chesapeake Bay fisheries equal to at least 0.0185 percent of the commercial quota for the Chesapeake Bay for that permit.

(2)—(3) (text unchanged)

E. (text unchanged)

F. Temporary Transfers.

(1)—(3) (text unchanged)

(4) Chesapeake Bay Common Pool Fishery. A striped bass permit registered in the common pool fishery may only be temporarily transferred:

(a) (text unchanged)

(b) During the quota year[, from March 1 through March 31, or the next business day if March 31 falls on a weekend] within the time period established by public notice in accordance with §H of this regulation.

(5) Chesapeake Bay Individual Transferrable Quota Fishery.

(a) (text unchanged)

(b) During the quota year, a commercial tidal fish licensee may only temporarily transfer a striped bass permit or allocation [if the commercial tidal fish licensee transfers all remaining allocation and associated tags]:

(i) During the time period established by public notice in accordance with §H of this regulation; and

(ii) In the increment of allocation established by public notice in accordance with §H of this regulation.

(c)—(d) (text unchanged)

(6) Atlantic Fishery.

(a) (text unchanged)

(b) During the quota year, a commercial tidal fish licensee may only temporarily transfer a striped bass permit or allocation [if the commercial tidal fish licensee also transfers all remaining allocation and associated tags]:

(i) During the time period established by public notice in accordance with §H of this regulation; and

(ii) In the increment of allocation established by public notice in accordance with §H of this regulation.

(c)—(e) (text unchanged)

(7)—(10) (text unchanged)

G. Permanent Transfers.

(1)—(2) (text unchanged)

(3) [The] Prior to the quota year, a permanent transfer of a licensee’s share or any portion of that share [in the Chesapeake Bay fisheries] may only be completed from July 15 through September 15, or the next business day if September 15 falls on a weekend.

(4) (text unchanged)

(5) During the quota year, a permanent transfer of a licensee’s share or any portion of that share may be completed only:

(a) During the time period as established by public notice in accordance with §H of this regulation; and

(b) In the increment of share as established by public notice in accordance with §H of this regulation.

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

[(6)] (7) The transfer limit described in [§G(5)(b)] §G(6)(b) of this regulation does not apply to a transaction where the transferee also receives the transferor’s commercial tidal fish license.

[(7)] (8)[(12)] (13) (text unchanged)

H. Modification of Transfer Conditions.

(1) In order to implement the Atlantic States Marine Fisheries Commission Interstate Fishery Management Plan for Striped Bass, the Secretary shall establish or modify the time period for temporary or permanent transfers and the increment in which those transfers may occur by issuing a public notice on the Department’s website that shall state its effective hour and date at least 48 hours in advance of the effective hour and date.

(2) The Secretary shall make a reasonable effort to disseminate a public notice issued under this section through various other media so that an affected person has reasonable opportunity to be informed.

.07 Commercial Fishery.

A. Chesapeake Bay and its Tidal Tributaries.

(1)—(2) (text unchanged)

(3) Seasons. The commercial seasons for taking striped bass are as follows:

(a) The [pound net,] haul seine, and hook and line seasons are June 1 through November 30; [and]

(b) The pound net season is June 1 through December 31; and

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

(4)—(8) (text unchanged)

B.—E. (text unchanged)

F. General.

(1)—(4) (text unchanged)

(5) If a commercial tidal fish licensee registered in the Chesapeake Bay individual transferable quota fishery accumulates 10 or more points for offenses specific to the striped bass fishery as described in COMAR 08.02.13.02 and .03, that licensee shall be suspended for one quota year.

(6) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.15 Striped Bass

Authority: Natural Resources Article, §§4-215, 4-2A-03, 4-732, and 4-745, Annotated Code of Maryland

Notice of Proposed Action

[18-025-P]

The Secretary of Natural Resources proposes to amend Regulations .08 and .11 under COMAR 08.02.15 Striped Bass.

Statement of Purpose

The purpose of this action is to update size limits for striped bass during the Chesapeake Bay recreational and charter boat spring season and the Atlantic Ocean recreational and charter boat striped bass fishery. These changes are being made in order to implement Amendment IV of the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Striped Bass. Member states were required to begin implementation of Amendment IV in 2015. Amendment IV allowed for different management options to reduce fishing mortality to a level that is at or below the mortality target. These changes have previously been implemented with public notices. Making the changes in regulation will allow the public to be better informed since the rules will be in one location. The size limits were not previously changed in regulation because there was a possibility of management changes for the fishery. It is not likely that the Atlantic States Marine Fisheries Commission will be making management changes in the near future for either the Chesapeake Bay recreational and charter boat spring season or the Atlantic Ocean recreational and charter boat striped bass fishery, so the size limits should be changed in regulation. The spring season for the Chesapeake Bay recreational and charter boat fishery is the third Saturday in April to May 15. The proposed action changes the minimum size limit for striped bass during the spring fishery to 35 inches. The striped bass season in the Atlantic Ocean, its coastal bays and their tributaries is open year round. The proposed action changes the size requirements in the Atlantic Ocean fishery so that any striped bass retained by an angler must be between 28 inches and 38 inches, inclusive, or greater than or equal to 44 inches.

The Department’s implementation of Amendment IV for the Chesapeake Bay recreational and charter boat spring season in 2015 involved establishing a slot limit for striped bass in order to allow fishermen to keep more striped bass at the smaller end of the allowable spectrum. Fishermen in the Chesapeake Bay recreational and charter boat spring season reacted negatively to this rule, as they felt it led to an increase in discards of desirable fish. In 2016, the Department’s implementation of Amendment IV involved establishing a higher minimum size, but no slot limit, through a public notice based on input from recreational fishermen, the charter boat industry and the Sport Fisheries Advisory Commission. Fishermen in the Chesapeake Bay recreational and charter boat spring fishery reacted more favorably to these rules, reflecting increasing satisfaction with this management action.

The Department’s implementation of Amendment IV for the Atlantic Ocean recreational and charter boat striped bass fishery in 2015 involved reducing the creel limit from two fish to one fish and keeping the minimum size at 28 inches. In 2016, based on input from recreational and charter boat fishermen in the Atlantic Ocean fishery expressing the desire to keep two fish at the expense of a change to the size limit, the Department by public increased the creel limit from one fish to two fish and changing the size limit from a minimum of 28 inches to be either between 28 and 38 inches, inclusive, or greater than or equal to 44 inches.

Due to the increased satisfaction with the rules established in 2016 by public notice, and the fact that the Atlantic States Marine Fisheries Commission is unlikely to make changes to the striped bass fishery for the next two years, the Department is establishing these rules in regulation.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. This action changes minimum sizes for the Chesapeake Bay recreational and charter boat spring fishery and the Atlantic Coast recreational and charter boat fishery. There is an indeterminable positive impact to charter boats and related industries such as bait and tackle shops.

 

 

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) Chesapeake Bay Fishing Guide Licensees

(+)

Indeterminable

     (2) Atlantic Ocean Fishing Guide Licensees

(+)

Indeterminable

E. On other industries or trade groups:

     Bait and Tackle Shops

(+)

Indeterminable

F. Direct and indirect effects on public:

NONE

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

D(1). This action changes the size limit of striped bass in the Chesapeake Bay recreational and charter boat spring season. The current rule in regulation that implemented Amendment IV of the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Striped Bass, which includes a slot limit in which striped bass of a certain size must be released, caused a negative reaction from fishery participants. The department feared that by keeping this rule in place it would lead to decreased participation in the fishery, including decreased bookings of charter trips, leading to a negative economic impact to the charter boat industry, bait and tackle shops, and related industries. Starting in 2016, the Department’s implementation of Amendment IV involved establishing a higher minimum size, but no slot limit, through a public notice based on input from recreational fishermen, the charter boat industry and the Sport Fisheries Advisory Commission. Fishermen in the Chesapeake Bay recreational and charter boat spring fishery reacted much more favorably to these rules, reflecting increasing satisfaction with this management action. If the Department were to leave the 2015 rule in regulation and not issue a new public notice, it is possible the charter industry would suffer a negative economic impact based on the negative response to the slot limit. By establishing the 2016 rule in regulation and providing certainty for the upcoming season, it is possible the charter boat industry will experience an indeterminable positive impact.

D(2). The Department’s implementation of Amendment IV for the Atlantic Ocean recreational and charter boat striped bass fishery in 2015 involved reducing the creel limit from two fish to one fish and keeping the minimum size at 28 inches. In 2016, based on input from recreational and charter boat fishermen in the Atlantic Ocean fishery expressing the desire to keep two fish at the expense of a change to the size limit, the Department by public notice increased the creel limit from one fish to two fish and changing the size limit from a minimum of 28 inches to be either between 28 and 38 inches, inclusive, or greater than or equal to 44 inches. If the Department were to leave the 2015 rule in regulation and not issue a new public notice, it is possible the charter industry would suffer a negative economic impact based on the negative response to the decreased creel limit. By establishing the 2016 rule in regulation and providing certainty for the upcoming season, it is possible the charter boat industry will experience an indeterminable positive impact.

E. Like fishing guide licensees in the Chesapeake Bay and Atlantic Ocean, due to increased angler satisfaction with the striped bass size rules, it is possible that bait and tackle shops will experience an indeterminable, positive impact. By providing certainty to anglers that the rules will be satisfactory, it is more likely that anglers will participate in the fishery. Increased participation in this fishery will likely have a positive economic impact on bait and tackle shops, although the extent of that impact 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 Department’s implementation of Amendment IV for the Chesapeake Bay recreational and charter boat spring season in 2015 involved establishing a slot limit for striped bass in order to allow fishermen to keep more striped bass at the smaller end of the allowable spectrum. Fishermen in the Chesapeake Bay recreational and charter boat spring season reacted negatively to this rule, as they felt it led to an increase in discards of desirable fish. The fear was that this negative reaction would lead to decreased participation in the fishery, including decreased bookings of charter trips, leading to a negative economic impact to the charter boat industry, bait and tackle shops, and related industries. In 2016, the Department’s implementation of Amendment IV involved establishing a higher minimum size, but no slot limit, through a public notice based on input from recreational fishermen, the charter boat industry and the Sport Fisheries Advisory Commission. Fishermen in the Chesapeake Bay recreational and charter boat spring fishery reacted much more favorably to these rules, reflecting increasing satisfaction with this management action. Due to the increased satisfaction with the rules established in 2016 by public notice, and the fact that the Atlantic States Marine Fisheries Commission is unlikely to make changes to the striped bass fishery for the next two years, the Department is establishing these rules in regulation. If the Department were to leave the 2015 rule in regulation and not issue a new public notice, it is possible the charter industry would suffer a negative economic impact based on the negative response to the slot limit. By establishing the 2016 rule in regulation and providing certainty for the upcoming season, it is possible the charter boat industry will experience an indeterminable positive impact.

The Department’s implementation of Amendment IV for the Atlantic Ocean recreational and charter boat striped bass fishery in 2015 involved reducing the creel limit from two fish to one fish and keeping the minimum size at 28 inches. In 2016, based on input from recreational and charter boat fishermen in the Atlantic Ocean fishery expressing the desire to keep two fish at the expense of a change to the size limit, the Department increased the creel limit from one fish to two fish and changing the size limit from a minimum of 28 inches to be either between 28 and 38 inches, inclusive, or greater than or equal to 44 inches. By establishing the 2016 rule in regulation and providing certainty for the upcoming season, it is possible the charter boat industry will experience an indeterminable positive impact.

Like fishing guide licensees in the Chesapeake Bay and Atlantic Ocean, due to increased angler satisfaction with the striped bass size rules, it is possible that bait and tackle shops will experience an indeterminable, positive impact. By providing certainty to anglers that the rules will be satisfactory, it is more likely that anglers will participate in the fishery. Increased participation in this fishery will likely have a positive economic impact on bait and tackle shops, although the extent of that impact is indeterminable.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Recreational Striped Bass Regulations, Regulatory Staff, Maryland 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 February 20, 2018. A public hearing has not been scheduled.

.08 Recreational and Charter Boat Spring Fishery.

A. (text unchanged)

B. Size Restrictions. [A person may catch or possess] The minimum size for striped bass during the spring season [between 28 inches and 36 inches, inclusive, total length, or 40 inches or larger, total length] is 35 inches.

C.—E. (text unchanged)

.11 Atlantic Coast Recreational and Charter Boat Fishery.

A. Minimum Size. [The minimum legal size for] A person may catch or possess striped bass in the Atlantic Ocean, its coastal bays, and their tributaries [is 28 inches] between 28 inches and 38 inches, inclusive, total length, or 44 inches or larger, total length.

B. (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.25 Gear

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

Notice of Proposed Action

[18-026-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.02.25 Gear.

Statement of Purpose

The purpose of this action is to clarify the definition of “stinger hooks”. Questions have arisen regarding whether the current definition of stinger hooks prohibits the use of lures with multiple integrated hooks. The department did not intend to prohibit such lures when it established the current definition of stinger hooks. This action clarifies that stinger hooks are hooks that are not integrated into the body of the bait or lure.

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 Stinger Hook Regulations, Regulatory Staff, Maryland 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 February 20, 2018. A public hearing has not been scheduled.

.01 Gear Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(38) (text unchanged)

(39) “Stinger hook” means any hook which trails another hook or hook unit, either by direct physical attachment to the lead hook or hook unit, or by a connective device such as a line, swivel or chain, and is part of the same bait or lure.

(40)—(43) (text unchanged)

MARK J. BELTON
Secretary of Natural Resources

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 10 RACING COMMISSION

09.10.01 Thoroughbred Rules

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[18-009-P]

The Maryland Racing Commission proposes to amend Regulation .07 under COMAR 09.10.01 Thoroughbred Rules. This action was considered at public meeting held on November 30, 2017, at Laurel Park, Laurel, Maryland.

Statement of Purpose

The purpose of this action is to amend the claiming rules to prohibit a trainer who also holds an owner’s license from claiming a horse while their trainer’s license is suspended.

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 J. Michael Hopkins, Executive Director, Racing Commission, 300 East Towsontown Boulevard, Towson, MD 21204, or call 410-296-9682, or email to mike.hopkins@maryland.gov, or fax to 410-296-9687. Comments will be accepted through March 19, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland Racing Commission during a public meeting to be held on March 22, 2018 at 12:30 p.m., at Laurel Park.

.07 Claiming.

A.—A-1. (text unchanged)

B. Eligibility to Claim.

(1) Except as provided in §B(2) and (3) of this regulation, to be eligible to claim, a licensed owner, registered stable, or other multiple ownership entity shall designate, as the person who will assume control and responsibility of a claimed horse, a licensed trainer who has been assigned stabling on grounds under the jurisdiction of the Commission.

(2) (text unchanged)

(3) A trainer who is also licensed as an owner, and whose trainer’s license is suspended, is not eligible to claim a horse as an owner during the term of the suspension.

C. — R. (text unchanged)

J. MICHAEL  HOPKINS
Executive Director
Racing Commission

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 03 HEALTH STATISTICS

10.03.01 Vital Records

Authority: Health-General Article, §§ 4-201, 4-203, 4-207, 4-208, 4-215, and 4-217, Annotated Code of Maryland

Notice of Proposed Action

[18-017-P]

The Secretary of Health proposes to amend Regulations .01—.03, .05, .06, and .10 and adopt new Regulation .16 under COMAR 10.03.01 Vital Records.

Statement of Purpose

The purpose of this action is to:

(1) Clarify that vital records information should be filed electronically unless otherwise directed by the Secretary;

(2) Clarify requirements for training and certification on the use of the electronic vital records registration system;

(3) Provide for amendments to birth certificates to be made by attending clinicians;

(4) Clarify requirements for audits conducted to verify the facts of birth entered into the electronic vital records registration system;

(5) Remove the requirement that a hospital administrator must sign a burial transit permit for fetal remains that are retained or cremated by the hospital;

(6) Allow an alternative document to be used in place of a burial transit permit when human remains are transported, which is necessary due to procedural changes associated with implementation of the Department’s electronic death registration system;

(7) Clarify that a birth certificate may be issued to the spouse of a deceased individual;

(8) Clarify requirements for filing birth certificates for births occurring outside an institution; and

(9) Set requirements for verifying the facts of births for births occurring outside an institution without an attending clinician in charge.

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 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 February 20, 2018. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) “Attending clinician” means the physician, nurse midwife, or direct-entry midwife in charge of a birth outside an institution.

[(3)] (4)[(9)] (10) (text unchanged)

(11) “Direct-entry midwife” means an individual licensed to practice direct-entry midwifery under Health Occupations Article, Title 8, Subtitle 6C, Annotated Code of Maryland.

[(9-1)] (12)[(16)] (19) (text unchanged)

(20) “Nurse midwife” means an individual certified to practice as a nurse midwife under Health Occupations Article, Title 8, Annotated Code of Maryland.

[(17)] (21)[(22)] (26) (text unchanged)

.02 Preparation of Certificates.

A. An individual who prepares a birth, death, or fetal death certificate shall [:] file the record using the electronic vital records registration system maintained by the Department unless otherwise directed by the Secretary.

B. Electronic registration may be phased in, as determined by the Secretary, until an electronic vital records registration system is fully implemented.

C. An institution, mortician, or attending clinician filing fewer than 10 certificates in a calendar year may not be required to use an electronic vital records registration system.

D. An individual who files a record using an electronic vital records registration system shall attest to the record’s accuracy by electronic signature.

E. An individual who is required to file records via the electronic vital records registration system:

(1) Shall participate in training, as determined by the Secretary, on the proper use of the system; and

(2) May be required to successfully complete a certification test on the proper filing of vital records before being granted access to the system.

[A. Provide a] F. A record that is not prepared electronically shall be:

(1) Typed[;]

[(2) Written] or written plainly in black unfading ink; [or] and

[(3) Stored on electronic media approved by the Secretary; and]

[B. Attest to the record’s accuracy by signing the record]

(2) Signed in black unfading ink [or by electronic signature] to attest to the accuracy of the record.

.03 Birth Registration.

A.—B. (text unchanged)

C. Amending or Correcting Data on Birth Certificate Other than Name.

(1) To amend or correct data other than the name on a birth certificate, the following documents and information shall be submitted:

(a) For date of birth, time of birth, sex (other than changed by surgery), and place of birth of the subject of the vital record:

(i) (text unchanged)

(ii) A letter citing the correct data from the [physician or certified nurse-midwife] physician, nurse midwife, or attending clinician in attendance at birth; or

(iii) (text unchanged)

(b)—(c) (text unchanged)

(2) (text unchanged)

D. (text unchanged)

[E. Verification of Births Outside an Institution.

(1) Before the Secretary may accept a certificate of live birth for registration of a birth that occurs outside an institution, the local health officer or designee of the jurisdiction where the birth occurs shall:

(a) Verify the facts regarding the birth; and

(b) Sign the birth record.

(2) If the facts regarding a birth cannot be verified by the local health officer of the jurisdiction where the birth occurs, in order for the Secretary to create a birth record, an individual listed in Health-General Article, §4-208(b), Annotated Code of Maryland, shall obtain an order from a court of competent jurisdiction that:

(a) Lists the facts about the birth; and

(b) Orders the Secretary to create the birth record according to the facts.]

[F.] E. (text unchanged)

F. Audit of Birth Records.

(1) All institutions that register births through the electronic vital records registration system shall be:

(a) Subject to an audit of the accuracy of the birth records they submit, at an interval determined by the Secretary; and

(b) Required to make the medical records available for review by the auditor for comparison to the items captured on the birth record.

(2) All attending clinicians in charge of births outside an institution who register those births via the electronic vital records registration system shall be:

(a) Subject to an audit of the accuracy of the birth records they submit, at an interval determined by the Secretary; and

(b) Required to make the medical records available for review by the auditor for comparison to the items captured on the birth record.

.05 Death Registration — Fetal Deaths.

A.—E. (text unchanged)

F. When a fetus of 20 or more weeks gestation period is retained or cremated by a hospital, the hospital administrator shall enter his name on the certificate as the funeral director or the person acting as funeral director[, and sign the burial-transit permit as the sexton or other person in charge].

.06 Transportation of Human Remains — Burial-Transit Permit.

A. [Human remains may not be transported within the State or moved from the State without a burial-transit permit.] The mortician who takes custody of human remains shall obtain a burial transit permit before final disposition or removal of the human remains from the State. The form of the burial-transit permit shall be prescribed by the Secretary.

B. [This] The burial transit permit shall accompany the human remains to their final destination.

C. The individual required to provide the date and place of final disposition on a burial transit permit shall submit the information using the electronic vital records registration system maintained by the Department unless otherwise directed by the Secretary.

[B.] D. (text unchanged)

.10 Birth Certificate of a Deceased Person.

A. [Upon] On presentation of an official death certificate, a birth certificate on a deceased individual may be issued to:

(1) (text unchanged)

(2) A surviving spouse;

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

B. (text unchanged)

.16 Births Outside an Institution.

A. An attending clinician in charge of a birth outside an institution shall:

(1) Prepare the forms required by the Secretary to register the birth; and

(2) File the forms.

B. If a birth occurs outside an institution and an attending clinician is not in charge of the birth, the local health officer or designee of the jurisdiction where the birth occurs shall:

(1) Verify the facts regarding the birth by obtaining the documentation required by §D of this regulation;

(2) Sign the birth record; and

(3) File the birth record with the Secretary.

C. If the facts regarding a birth cannot be verified by the local health officer of the jurisdiction where the birth occurs, in order for the Secretary to create a birth record, an individual listed in Health-General Article, §4-208(b), Annotated Code of Maryland, shall obtain an order from a court of competent jurisdiction that:

(1) Lists the facts about the birth; and

(2) Authorizes the Secretary to create the birth record according to the facts.

D. The following documentation shall be required to verify a birth outside an institution when an attending clinician is not in charge of the birth:

(1) A valid, unexpired, government-issued identification document for the child’s mother in the form of a:

(a) Driver’s license;

(b) State-issued photo identification card;

(c) Passport;

(d) Permanent resident card;

(e) Military identification card; or

(f) A signed statement the mother does not have any of the identification documents listed in §D(1)(a)—(e) of this regulation and two of the following documents that contain the applicant’s name and current address:

(i) Utility bill;

(ii) Car registration form;

(iii) Pay stub;

(iv) Bank statement;

(v) Income tax return;

(vi) Income tax W-2 form;

(vii) Lease or rental agreement; or

(viii) Letter from a government agency;

(2) Evidence of pregnancy in the form of:

(a) A prenatal or postnatal medical record that is consistent with the date of delivery and includes the:

(i) Mother’s name, date of birth, and date of health exam; and

(ii) Health care provider’s signature, printed name, signature date, and license number;

(b) A statement from a physician or certified nurse midwife licensed in the United States who has first-hand knowledge of the pregnancy and is willing to attest to the fact of pregnancy;

(c) Preregistration with the local health department during pregnancy, including a face-to-face interview and physical examination;

(d) Documentation of a home visit by a public health nurse or other health care provider who has first-hand knowledge of the pregnancy; or

(e) Other evidence acceptable to the Secretary;

(3) Evidence of live birth in the form of:

(a) A statement from a physician, certified nurse midwife, or other licensed health care provider who saw or examined the infant within the first 2 weeks of life;

(b) An observation of the infant during a home visit by a public health nurse or licensed health care provider during the first 2 weeks of life; or

(c) Other evidence acceptable to the Secretary; and

(4) Evidence of place of delivery in the State as follows:

(a) If the birth occurred in the mother’s place of residence, evidence of place of delivery shall be in the form of:

(i) A driver’s license or other State-issued identification document that includes the mother’s current Maryland address;

(ii) A rent receipt, mortgage statement, or deed that includes the mother’s name and Maryland address;

(iii) A recent pay stub that includes the mother’s name and Maryland address; or

(iv) Other evidence acceptable to the Secretary;

(b) If the birth occurred outside the mother’s place of residence and the mother is a resident of Maryland, evidence shall be in the form of:

(i) An affidavit from the tenant of the premises where the birth occurred stating that the mother was present on those premises at the time of the birth;

(ii) Evidence of the affiant’s residence similar to that required in §D(4)(a) of this regulation; and

(iii) Evidence of the mother’s residence in the State similar to that required in §D(4)(a) of this regulation; or

(c) If the mother is not a resident of Maryland, evidence shall consist of clear and convincing evidence acceptable to the Secretary.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 11 MATERNAL AND CHILD HEALTH

10.11.06 Morbidity, Mortality, and Quality Review Committee — Pregnancy and Childhood

Authority: Health-General Article, §18-107, Annotated Code of Maryland

Notice of Proposed Action

[18-012-P-I]

The Secretary of Health proposes to amend Regulations .02, .03, and .05—.13 under COMAR 10.11.06 Morbidity, Mortality, and Quality Review Committee — Pregnancy and Childhood.

Statement of Purpose

The purpose of this action is to:

(1) Update the incorporation by reference for the Maryland Perinatal System Standards to the most recent revision;

(2) Update the membership of the Morbidity, Mortality, and Quality Review Committee;

(3) Edit language describing the duties and role of the Morbidity, Mortality, and Quality Review Committee; and

(4) Make other minor updates to modernize language.

 

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 February 20, 2018. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Maryland Perinatal System Standards (Perinatal Clinical Advisory Committee, June 2014) has been declared a document generally available to the public and appropriate for incorporation by reference.  For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR).  Copies of this document are filed in special public depositories located throughout the State.  A list of these depositories was published in 45:1 Md. R. 8 (January 5, 2018), and is available online at www.dsd.state.md.us.  The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401. 

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(4) (text unchanged)

(5) “Fetal and infant mortality review (FIMR) team” means a local multidisciplinary and multiagency morbidity, mortality, and quality review team established by a health officer or health officers of a group of jurisdictions.

[(5)] (6)—[(8)] (9) (text unchanged)

[(9) “Local fetal and infant mortality review (FIMR) team” means a multidisciplinary and multiagency morbidity, mortality, and quality review team established by a health officer or health officers of a group of jurisdictions.

(10) “Local morbidity, mortality, and quality review (MMQR) team” means any local multidisciplinary and multiagency morbidity, mortality, and quality review team, or entity established to review cases associated with pregnancy, childbirth, infancy, and early childhood in order to make improvements in systems of care, including:

(a) A local fetal and infant mortality review team; and

(b) Any other local multidisciplinary and multiagency review team or other entity established for a jurisdiction that addresses any aspect of morbidity, mortality, and quality of care associated with pregnancy, childbirth, infancy, and early childhood.]

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

(11) “Morbidity, mortality, and quality review (MMQR) team” means a local multidisciplinary and multiagency morbidity, mortality, and quality review team, or entity established to review cases associated with pregnancy, childbirth, infancy, or early childhood in order to make improvements in systems of care, including:

(a) A fetal and infant mortality review team; or

(b) Another multidisciplinary and multiagency review team or other entity established for a jurisdiction that addresses an aspect of morbidity, mortality, or quality of care associated with pregnancy, childbirth, infancy, or early childhood.

(12) “Perinatal center” means a hospital that offers obstetric or neonatal services, or both.

(13) “Secretary” means the Secretary of Health [and Mental Hygiene].

(14) (text unchanged)

.03 Incorporation by Reference.

The Maryland Perinatal System Standards ([Maryland Department of Health and Mental Hygiene,] Perinatal Clinical Advisory Committee, [October 2008] June 2014) is incorporated by reference.

.05 Membership.

A. The Committee shall be:

(1) (text unchanged)

(2) Composed of at least [25] 26 members as described in §§B and C of this regulation.

B. Ex Officio Members. The Committee shall include the following ex officio members or their designees:

(1) (text unchanged)

(2) The [Chief Medical Examiner] Secretary of Human Services;

(3) The Deputy Secretary of the Health Care Financing Administration;

[(3)] (4) The Director of the Vital Statistics Administration [of the Department];

[(4)] (5) The Director of the Prevention and Health Promotion Administration [of the Department];

(6) The Director of the Behavioral Health Administration;

[(5)] (7) The Director of the Maternal and Child Health Bureau [of the Department];

(8) The Chief Medical Examiner;

(9) The Director of the Office of Minority Health and Health Disparities;

[(6)] (10) The Director of the Office of Health Care Quality [of the Department];

(11) The Executive Director of the Maryland Health Care Commission;

[(7)] (12) (text unchanged)

[(8)] (13) The Executive Director of [the Maryland State Medical Society (MedChi)] the Medical and Chirurgical Faculty of Maryland;

[(9) The Executive Director of the Maryland Health Care Commission;]

[(10)] (14)[(11)] (15) (text unchanged)

[(12)] (16) The Chair of the Maryland Section of the American College of [Obstetrics] Obstetricians and [Gynecology] Gynecologists;

[(13) The President of the Obstetrical and Gynecologic Society of Maryland;]

[(14)] (17)[(16)] (19) (text unchanged)

[(17)] (20) The Chair of the Maryland State Child Fatality Review Team; and

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

C. Appointed Members.

(1) The Secretary shall appoint one Committee member that is a certified nurse midwife from a list of qualified individuals submitted by professional nursing organizations that represent licensed registered nurses in Maryland.

[(1)] (2) The Secretary [shall] may appoint up to five other Committee members and may appoint additional members who are individuals with an interest and expertise in pregnancy, childbirth, infancy, [and] or early childhood or other related disciplines as considered necessary by the Secretary to carry out the Committee’s responsibilities.

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

D. Designation of Representatives. An ex officio member described under §B of this regulation may designate another individual [from the member’s agency, department, office, or organization] to represent the member on the Committee from the member’s:

(1) Agency;

(2) Department;

(3) Office; or

(4) Organization.

E. Invitees. The Secretary may invite representatives from other agencies and organizations, and individuals involved in the prevention or reduction of morbidity [and] or mortality associated with pregnancy, childbirth, infancy, [and] or early childhood, to attend a Committee meeting if the representative has information that may be necessary to inform the Committee.

F.—I. (text unchanged)

.06 Committee Duties.

A. To achieve its purpose, the Committee shall:

[(1) Develop protocols for data collection regarding morbidity and mortality related to pregnancy, childbirth, infancy, and early childhood;]

[(2)] (1) Provide consultation to [local fetal and infant mortality review (FIMR)] FIMR teams and other [local morbidity, mortality, and quality review (MMQR)] MMQR teams [on the implementation and use of data collection protocols];

[(3)] (2)—[(4)] (3) (text unchanged)

[(5) Determine factors contributing to morbidity and mortality related to pregnancy, childbirth, infancy, and early childhood based upon the case reviews under §A(2) of this regulation and develop recommendations to address the contributing factors;]

[(6)] (4) Monitor hospital compliance with the Maryland Perinatal System Standards by [reviewing records]:

(a) Reviewing documents requested [in writing] of the hospital in writing or by conducting on-site reviews, or by both; and [making]

(b) Making recommendations to improve or facilitate compliance; and

[(7) Examine the policies and procedures of State and local agencies, hospitals, and other entities that participate in the system of care and review specific cases regarding pregnancy, childbirth, infancy, or early childhood that the Committee considers necessary to perform its duties;]

[(8) Develop] (5) Determine factors contributing to morbidity and mortality, and make recommendations for strategies to prevent and reduce morbidity and mortality related to pregnancy, childbirth, infancy, and early childhood throughout the State, including recommendations for changes to law, policy, or practice to prevent and reduce morbidity and mortality and improve the system of care[; and

(9) Coordinate its activities with other State agencies in order to avoid unnecessary duplication of effort].

B. The Committee may:

(1) (text unchanged)

(2) Establish special panels or ad hoc subcommittees of the Committee as necessary [in response to an identified profile or cluster of morbidity or mortality to provide special attention to a specific category of morbidity or mortality associated with pregnancy, childbirth, infancy, and early childhood; and] to carry out the duties of the Committee;

(3) Analyze data and review reports or other information from [local]:

(a) FIMR teams [or other local];

(b) Other MMQR teams; or

(c) Other entities which are established for the purpose of addressing [any] an aspect of morbidity, mortality, [and] or quality reviews associated with pregnancy, childbirth, infancy, [and] or early childhood[.];

(4) Develop protocols for data collection regarding morbidity and mortality related to pregnancy, childbirth, infancy, and early childhood;

(5) Examine the policies and procedures of State and local agencies, hospitals, and other entities that participate in the system of care;

(6) Review specific cases regarding pregnancy, childbirth, infancy, or early childhood that the Committee considers necessary to perform its duties; and

(7) Coordinate its activities with other State agencies in order to avoid unnecessary duplication of effort.

.07 Local Teams — Establishment and Purpose.

A. A jurisdiction shall have a multidisciplinary and multiagency [local] FIMR team or other [local] MMQR team.

B. The purpose of a [local] FIMR team is to facilitate the reduction of fetal and infant deaths by:

(1) Conducting confidential case reviews of fetal and infant deaths including the examination of [all] available medical and healthcare information involving fetal and infant mortality; and

(2) Based on the findings of the case reviews conducted under §B(1) of this regulation:

(a)—(c) (text unchanged)

(d) Informing the Committee of changes [in local law, policy, or practices] that [effect] affect fetal and infant deaths in:

(i) Local law;

(ii) Policy; or

(iii) Practices.

C. A [local] FIMR team shall:

(1)—(2) (text unchanged)

D. A [local] FIMR team may:

(1) (text unchanged)

(2) Establish protocols [for data collection, analysis, and reporting] in compliance with State statutes and regulations, as applicable, for:

(a) Data collection;

(b) Analysis; and

(c) Reporting.

.08 [Local] FIMR Teams — Membership.

A. Members of a [local] FIMR team shall be appointed by the local health officer of the jurisdiction or be jointly appointed by the health officers of the jurisdictions comprising the multi-jurisdiction local team.

B. A [local] FIMR team shall appoint a [chairperson] chairman from among its membership.

C. A [local] FIMR team shall be multidisciplinary and include professionals and representatives of agencies that provide services or community resources for families in the community and community representatives.

D. A [local] FIMR team shall include at least one representative from:

(1) Public health programs, such as [maternal]:

(a) Maternal and child health[, substance];

(b) Substance abuse[, and mental]; or

(c) Mental health;

(2) Health care [providers] provider specialties, such as [obstetrics, pediatrics, social work, nursing, and nurse midwifery]:

(a) Obstetrics;

(b) Pediatrics;

(c) Social work;

(d) Nursing; or

(e) Nurse midwifery; and

(3) (text unchanged)

E. A [local] FIMR team may include representatives from other agencies or community organizations involved with the prevention or reduction of fetal and infant deaths.

.09 [Local] MMQR Teams — General.

[Local] MMQR teams may:

A. Inform the Committee of changes [in local law, policy, or practice] that affect morbidity [and] or mortality associated with pregnancy, childbirth, infancy, [and] or early childhood in:

(1) Local law;

(2) Policy; or

(3) Practice; and

B. (text unchanged)

.10 Types of Committee Reviews.

The Committee may conduct morbidity, mortality, and quality reviews associated with pregnancy, childbirth, infancy, and early childhood, including but not limited to reviews of the following:

A. Individual cases or clusters of cases of morbidity or mortality [identified by local team reviews];

B. Maternal or neonatal transport to or from perinatal centers; and

C. Aggregate or hospital-specific cases of [maternal or neonatal] mortality or morbidity[;] associated with pregnancy, childbirth, infancy, or early childhood.

[D. Voluntary compliance of Maryland hospitals that offer obstetric or neonatal services with the current Maryland Perinatal System Standards, as determined by:

(1) Data obtained from records of the hospital; or

(2) On-site review of the perinatal center;

E. Early childhood asthma-related deaths;

F. Morbidities associated with pregnancy, childbirth, infancy and early childhood, such as:

(1) Maternal morbidities, such as hemorrhage, embolus, or substance abuse during pregnancy or childbirth;

(2) Neonatal morbidities, such as sepsis, chronic lung disease, or retinopathy of prematurity;

(3) Sudden infant death syndrome and sudden unexplained death in infancy; and

(4) Lead poisoning (blood lead level greater than or equal to 20 micrograms per deciliter).]

.11 Access to Records and Information.

A. A health care provider, hospital, HIPAA (Health Insurance Portability and Accountability Act of 1996) business associate, or other related entity shall, on written request of the Committee, [local] FIMR team, other [local] MMQR team, or their staff, provide access to records concerning:

(1)—(2) (text unchanged)

(3) The health care provided by [a]:

(a) A health care provider[,];

(b) A health care facility[, and emergency]; or

(c) Emergency medical services [(EMS)];

(4) [EMS] Emergency medical services system data on maternal and neonatal transport;

(5) State vital records data related to morbidity or mortality associated with pregnancy, childbirth, infancy, [and] or early childhood; and

(6) Documentation relevant to the purpose and duties of the Committee, [local] FIMR team, or other [local] MMQR team that is maintained by [any] a State or local government agency, including:

(a)—(b) (text unchanged)

B. The Committee, [local] FIMR team, or other [local] MMQR team shall assign staff to abstract information from patient medical records and other sources of information to which the Committee, [local] FIMR teams, or other [local] MMQR teams are entitled under §A of this regulation. [All such information]

C. Information abstracted under §B of this regulation shall be de-identified by the abstractor to remove [any] information that would permit the identification of [any] an individual health care recipient before the information may be used to carry out the purpose and duties of the Committee, [local] FIMR team, or other [local] MMQR team.

.12 Meetings.

A. (text unchanged)

B. [Local] FIMR teams shall meet at least quarterly.

C. [All meetings] A meeting of the Committee, [local] FIMR teams, or other [local] MMQR teams shall be closed to the public and [are] is not subject to [State Government Article, Title 10, Subtitle 5] General Provisions Article, Title 3, Subtitle 3, Annotated Code of Maryland, when the Committee, local FIMR team, or other [local] MMQR team is reviewing cases of pregnancy, childbirth, infancy, or early childhood.

D. The Committee, [local] FIMR team, or other [local] MMQR team may invite an individual who is not a member to attend a Committee, [local] FIMR team, or other [local] MMQR team meeting if:

(1) The attendance is approved in advance by the Committee, [local] FIMR team, or other [local] MMQR team chairperson;

(2) Participation of the invited individual is intended to assist the Committee, [local] FIMR team, or other [local] MMQR team in carrying out its duties; and

(3) Invitees in attendance abide by the same confidentiality and nondisclosure requirements which govern the Committee, [local] FIMR team, and other [local] MMQR team members.

.13 Confidentiality of Records and Information.

A. The following shall be held confidential and may not be released to [any] a person except as provided in this chapter:

(1) Records and information received by the Committee, [local] FIMR team, or other [local] MMQR team;

(2) (text unchanged)

(3) Minutes of meetings of the Committee, [local] FIMR team, or other [local] MMQR team.

B. [All information] Information and records obtained by the Committee, a [local] FIMR team, or other [local] MMQR team are exempt from disclosure under [State Government Article, Title 10, Subtitle 6] General Provisions Article, Title 4, Annotated Code of Maryland.

C. The Committee, a [local] FIMR team, or other [local] MMQR team may not discuss, disclose, or use information for purposes other than as necessary to carry out the Committee’s, [local] FIMR team’s, or other [local] MMQR team’s duties and purposes under this chapter.

D. [Any information] Information that is disclosed to the public by the Committee, [local] FIMR team, or other [local] MMQR team shall be de-identified and may not contain [any] information that would permit the identification of [any] an individual, a health care provider, or a health care facility.

E. The Committee, a [local] FIMR team, or other [local] MMQR team may release specific findings that relate to aggregate data as well as recommendations made by the Committee, [local] FIMR team, or other [local] MMQR team to prevent and reduce morbidity and mortality[. This], and this information shall be public record.

F. The Committee, [local] FIMR team, other [local] MMQR team, or their staff shall maintain the confidentiality of information used or addressed at meetings.

G. A person in attendance at a meeting of the Committee, a [local] FIMR team, or other [local] MMQR team may not testify or be required to testify as to what transpired at that part of the meeting that is closed under [State Government Article, Title 10, Subtitle 5] General Provisions Article, Title 3, Subtitle 3, Annotated Code of Maryland.

[G.] H. A member of the Committee, [local] FIMR team, other [local] MMQR team, their staff, or invitees may not be questioned in [any] a civil or criminal proceeding regarding information presented at or opinions formed as a result of a closed Committee, [local] FIMR team, or other [local] MMQR team meeting.

[H.] I. A member of the Committee, [local] FIMR team, other [local] MMQR team, their staff, or invitees, may testify in a civil or criminal proceeding to information that is:

(1) Obtained independent of the Committee, [local] FIMR team, or other [local] MMQR team; and

(2) (text unchanged)

[I.] J. [All information] Information, documents, and records of the Committee, a [local] FIMR team, or other [local] MMQR team are not subject [to subpoena, discovery, or introduction as evidence], in [any] a civil or criminal proceeding, to:

(1) Subpoena;

(2) Discovery; or

(3) Introduction as evidence.

[J.] K. [All information] Information, documents, and records obtained by the Committee, a [local] FIMR team, or other [local] MMQR team that are available from other sources may be subject [to subpoena, discovery, or introduction into evidence], as provided by applicable law, to:

(1) Subpoena;

(2) Discovery; or

(3) Introduction into evidence.

[K.] L. A person may not be held liable for civil damages or subject to [any] a criminal or disciplinary action for good faith efforts made to comply with the provisions of this chapter.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 16 HOUSING

Notice of Proposed Action

[18-010-P]

The Secretary of Health proposes to:

(1) Repeal in their entirety Regulations .01—.27 under COMAR 10.16.01 Migratory Labor Camps; and

(2) Amend Regulation .01-1 under COMAR 10.16.02 Construction, Equipment, Sanitation, Operation, and Maintenance of Mobile Home Parks.

Statement of Purpose

The purpose of this action is to repeal onerous and outdated regulations regarding migratory labor camps. The health and safety of the inhabitants of migratory labor camps can be ensured under the general authority of the Secretary of Health. Therefore, additional regulations are unnecessarily burdensome for both the Department as well as migratory labor camp operators.

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 February 20, 2018. A public hearing has not been scheduled.

 

10.16.02 Construction, Equipment, Sanitation, Operation, and Maintenance of Mobile Home Parks

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

.01-1 Definitions.

The following definitions shall apply in the interpretation and enforcement of [these regulations] this chapter:

A.—F. (text unchanged)

G. Mobile Home Park.

(1) “Mobile home park”, referred to as park, means any area or plot of ground upon which two or more mobile homes occupied for dwelling purposes are located, regardless of whether or not a charge is made for the accommodation.

(2) [Parks] “Mobile home park” does not include a park used to accommodate agriculture or migrant workers [only are exempt from these regulations. (See COMAR 10.16.01 for migratory labor camps.)].

H.—M. (text unchanged)

DENNIS SCHRADER
Secretary of Health

 

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

Notice of Proposed Action

[18-013-P]

The Secretary of Health proposes to:

(1) Amend Regulations .01, .02, .05, and .06, adopt new Regulations .07 and .09—.11, amend and recodify existing Regulations .07 and .11 to be Regulations .08 and .13, respectively, repeal existing Regulations .08 and .09, and recodify existing Regulation .10 to be Regulation .12 under COMAR 10.18.08 HIV Testing Procedures; and

(2) Repeal Regulations .01—.06 in their entirety under COMAR 10.18.09 HIV Testing for Pregnant Women Receiving Prenatal Care.

 

Statement of Purpose

The purpose of this action is to combine COMAR 10.18.08 and 10.18.09 into one chapter and to include and clarify all testing requirements for HIV during pregnancy in regulations per Ch. 668 (H.B. 518), 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 W. 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 February 20, 2018. A public hearing has not been scheduled.

 

10.18.08 HIV Testing Procedures

Authority: Criminal Procedure Article, §§11-107—11-117; Health-General Article, §§2-104(b) and (i), 2-105(a) and (b), 18-102, 18-201.1, 18-202.1, 18-205, 18-207, 18-208, 18-334, 18-336—18-338, 18-338.2, 18-338.3, and 20-102; Annotated Code of Maryland

.01 Scope.

A. Except as provided in §§C—F of this regulation, this chapter governs [pretest]:

(1) Pretest and post-test information [and requirements];

(2) Requirements for reporting and control efforts;

(3) Requirements for informed consent; and

(4) Specific counseling for patients, including when HIV testing is performed on pregnant women as part of a prenatal care program.

B.—D. (text unchanged)

E. HIV testing undertaken under provisions of Health-General Article, [§18-338,] §§18-338, 18-338.1, and 18-338.3, Annotated Code of Maryland, is not governed by this chapter.

F. HIV testing of specimens for research is not governed by this chapter if:

(1) (text unchanged)

(2) The specimen cannot be linked to the [individual] patient from whom the specimen was taken;

(3) The test result cannot be linked to the [individual] patient from whom the specimen was taken; and

(4) (text unchanged)

G. This chapter pertains to all [individuals] patients for whom a diagnostic test for the presence of HIV infection is conducted, including minors and pregnant women receiving prenatal care.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Anonymous” means that:

(a) [An individual’s] A patient’s name is not used for identification; and

(b) The [individual] patient can be identified only through use of an assigned code.

(3) (text unchanged)

(4) “Appropriate entity” means the Maryland Department of Health or the Baltimore City Health Department, which designate [anonymous] HIV testing sites in the State per Regulations .03 and .04 of this chapter.

(5) (text unchanged)

(6) “Confidential” means that [an individual’s] a patient’s name is used as identification and that the [individual’s] patient’s medical records contain the [individual’s] patient’s name but are protected against disclosure as provided by statute.

(7) “Counseling” means providing education to pregnant women on:

(a) The effect of a positive HIV test result on the pregnant woman and fetus concerning the risk of transmission of HIV to the fetus; and

(b) Recognized methods of reducing the risk of transmission of HIV to the fetus during pregnancy.

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

[(8)] (9) “Designated anonymous testing site” means a human immunodeficiency virus testing site approved by the Department or the Baltimore City Health Department as a site where [an individual] a patient may have an anonymous human immunodeficiency virus test using a code rather than a name for identification.

[(9)] (10) “Health care facility” means a facility or office where health or medical care is provided to patients by a health care provider including:

(a) [Hospital] A hospital or related institution as defined in Health-General Article, §19-301, Annotated Code of Maryland;

(b) [Freestanding] A freestanding medical facility as defined in Health-General Article, §19-3A-01, Annotated Code of Maryland;

(c) [Health] A health maintenance organization as defined in Health-General Article, §19-701, Annotated Code of Maryland;

(d) The Department of Public Safety and Correctional Services; [or]

(e) A program approved by the Department to provide human immunodeficiency virus testing services, according to Regulations .03 and .04 of this chapter[.];

(f) A facility operated by the Department or a local health officer; or

(g) The office of a health care provider.

[(10)] (11) “Health care provider” means a [physician, nurse, or designee of a health care facility.]:

(a) Physician;

(b) Nurse;

(c) Licensed direct-entry midwife; or

(d) Designee of a health care facility.

[(11)] (12)—[(12)] (13) (text unchanged)

[(13)] (14) “Informed consent” means the voluntary permission by the [individual] patient to be tested for HIV, after the [individual] patient receives pretest information as specified in Regulations .06 and [.07] .08 of this chapter.

[(14)] (15)—[(16)] (17) (text unchanged)

[(17) Partner.

(a) “Partner” means:

(i) An individual with whom one has, or has had, oral, anal, or vaginal sexual contact; or

(ii) An individual with whom one has shared hypodermic needles or other similar drug paraphernalia.

(b) “Partner” includes any individual who is the marriage partner of an HIV-infected patient, or who has been the marriage partner of that patient at any time within the 10-year period before the diagnosis of HIV infection.]

(18) Partner.

(a) “Partner” means an individual with whom one has:

(i) Had or will have, oral, anal, or vaginal sexual contact; or

(ii) Shared hypodermic needles or other similar drug paraphernalia.

(b) “Partner” includes any individual who:

(i) Is the marriage partner of an HIV-infected patient; or

(ii) Has been the marriage partner of the HIV-infected patient at any time within the 10-year period before the diagnosis of HIV infection.

(19) “Patient” means any individual who has presented for an HIV test, whether or not the individual chooses to be tested for HIV.

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

[(19)] (21) “Post-test information” means notifying [an individual] a patient about HIV test results and providing [an individual] a patient with other relevant information after an HIV test has been performed, as required by Regulations [.08 and .09] .09 and .10 of this chapter.

(22) “Prenatal care” means obstetric and gynecologic services performed as part of a medical care program for a pregnant woman and her unborn child, and may include:

(a) Screening;

(b) Physical examination;

(c) Laboratory and diagnostic testing procedures and interpretation; or

(d) Counseling.

[(20)] (23) “Pretest information” means providing [an individual] a patient with information before a specimen is tested for the presence of HIV infection, as required by Regulations .06 and [.07] .08 of this chapter.

[(21)] (24)—[(22)] (25) (text unchanged)

[(23)] (26) “Seropositive” means that a positive HIV test result has been obtained from the test of [an individual’s] a patient’s specimen.

[(24)] (27) (text unchanged)

[(25)] (28)[Substitute] Surrogate consent” means consent given by an individual who is not the patient, as permitted under Health-General Article, §5-605, Annotated Code of Maryland, and other provisions of Maryland law.

.05 Denial and Reconsideration.

A. An applicant under Regulation .03 or .04 of this chapter that has a written request denied by the appropriate entity may request reconsideration of the decision:

(1) (text unchanged)

(2) Within 30 calendar days of the date [postmarked] on the notice of denial.

B. If an applicant requests a reconsideration according to §A of this regulation, the appropriate entity shall:

(1) Review the request for reconsideration and any supplemental documentation submitted by the applicant within 45 calendar days of the [postmarked] date on the letter requesting reconsideration; and

(2) (text unchanged)

.06 Consent and Pretest Requirements for HIV Testing by Health Care Providers.

A. General medical consent is[:

(1) Required to be obtained only once during a patient’s visit; and

(2) Sufficient] sufficient to perform HIV testing.

[B. Before performing HIV testing, a health care provider who has received consent as described in §A of this regulation shall:

(1) Inform the individual verbally or in writing that HIV testing will be performed unless the individual refuses; and

(2) Document all declinations of an HIV test in the medical record of the patient.

C. The general informed consent for medical care may specify that an HIV test will be performed.

D. Except as provided under Regulation .07 of this chapter, a health care provider may not be required to obtain consent for HIV testing on a separate consent form.

E. Pretest information shall be provided to the patient to be tested for HIV before each specimen is tested.]

B. Consent for HIV testing is only required to be obtained one time during a patient’s visit.

C. A health care provider who obtains consent for HIV testing shall:

(1) Obtain consent as a part of a patient’s general consent for medical care in the same manner as for other screening and diagnostic tests;

(2) Document all declinations of an HIV test in the medical record of the patient; and

(3) When needed, obtain:

(a) Consent from a health care agent designated per Health-General Article, §5-602, Annotated Code of Maryland; or

(b) Surrogate consent per Health-General Article, §5-605 Annotated Code of Maryland.

D. The general informed consent form for medical care may specify that an HIV test will be performed.

E. Except as provided under Regulation .08 of this chapter, a health care provider may not be required to obtain consent for HIV testing on a separate consent form.

F. Pretest information, including counseling for pregnant women, shall be provided to the patient to be tested for HIV before each specimen is tested.

[F.] G. A health care provider providing pretest information, including counseling for pregnant women, shall:

(1) Provide HIV-specific information:

(a)—(b) (text unchanged)

(c) [By] Through video; or

(d) [By] Through any combination of [§F(1)(a)—(c)] §G(1)(a)—(c) of this regulation;

(2) (text unchanged)

(3) Using layman’s terms, provide, at minimum, the following information to the patient being tested:

(a) (text unchanged)

(b) That the patient has the right to:

(i) Ask questions; [or] and

(ii) (text unchanged)

(c)—(e) (text unchanged)

(4) Provide counseling as defined in Regulation .02 of this chapter to pregnant women;

[(4)] (5) Include an opportunity for the [individual being tested] patient to:

(a) Ask questions and receive answers about HIV [infection] and other topics described in this regulation [and have those questions answered]; and

(b) Decline [HIV testing] an HIV test; and

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

.07 Testing Requirements for Pregnant Women Receiving Prenatal Care.

A. As part of a health care provider’s patient acceptance procedures or protocol, a health care provider shall give a pregnant woman information on being tested for the presence of HIV as part of the woman’s prenatal care program.

B. In addition to §§C—E of this regulation, a health care provider testing a pregnant woman shall follow all requirements for pretest and post-test information as set forth in Regulations .06 and .08—.10 of this chapter as appropriate.

C. Unless a patient declines, a health care provider shall test a pregnant woman under the health care provider’s care:

(1) During the first trimester of pregnancy or the first prenatal visit; and

(2) In the third trimester of pregnancy.

D. A health care provider who provides labor and delivery services to a pregnant woman shall offer:

(1) A rapid HIV test to a pregnant woman with unknown or undocumented HIV status during labor and delivery; and

(2) Antiretroviral prophylaxis before receiving the results of the confirmatory test if a rapid HIV test performed during labor and delivery is positive.

E. Confidentiality.

(1) HIV test results for pregnant women shall be maintained pursuant to Health-General Article, §18-338.2, Annotated Code of Maryland.

(2) Except as otherwise provided in §E(3) of this regulation, the record of an HIV test performed under this section is confidential and not discoverable or admissible in evidence in any criminal, civil, or administrative action.

(3) Provided that the identity or any other information that could readily be associated with the identity of the pregnant woman is not disclosed, the results of an HIV test performed under this section may be introduced into evidence in a criminal, civil, or administrative action, including the adjudication of a workers’ compensation claim.

[.07] .08 Consent and Pretest Requirements for HIV Testing in Nonclinical Settings.

A. For HIV tests administered in nonclinical settings, as permitted in Regulations .03 and .04 of this chapter, the individual administering the HIV test shall:

(1)—(2) (text unchanged)

(3) Obtain voluntary written informed consent from the [individual to be tested for HIV] patient before an HIV test is performed on a specimen.

B. [An individual] A patient tested at a designated anonymous nonclinical test site, as permitted in Regulation .03 of this chapter, may indicate consent by placing their assigned code on the signature line of the form approved by the Secretary to indicate written informed consent.

C. Pretest information shall be provided to the [individual] patient being tested before each specimen is tested.

D. An individual providing pretest information shall:

(1) Provide HIV-specific information:

(a)—(b) (text unchanged)

(c) [By] Through video; or

(d) [By] Through any combination of §D(1)(a)—(c) of this regulation based on the testing history and information needs of the [individual being tested] patient;

(2) Provide HIV information in a manner that protects the confidentiality of the [individual being tested] patient;

(3) Using layman’s terms, provide, at a minimum, the following information to the [individual being tested] patient:

(a) That the [individual] patient is being tested for HIV;

(b) That the [individual] patient has the right to:

(i) Ask questions; [or] and

(ii) (text unchanged)

(c) The primary modes of HIV transmission including:

(i)—(ii) (text unchanged)

(iii) Mother-to-child transmission[.];

(d) Counseling as defined in Regulation .02 of this chapter to pregnant women;

[(d)] (e) That a negative test result means that:

(i) [An individual] A patient is not infected with HIV or that the test was unable to detect the presence of HIV because [an individual] a patient is in the early stage of infection and has not yet developed detectable evidence of HIV infection; and

(ii) If the [individual] patient has had any potential recent exposures, that the [individual] patient should be retested within an appropriate time frame based on the type of testing used;

[(e)] (f) That a positive test result means the [individual] patient:

(i)—(iii) (text unchanged)

[(f)] (g) Inform the [individual] patient being tested at a designated anonymous HIV test site that an assigned code will be used instead of a name;

(4) Include an opportunity for the [individual being tested] patient to:

(a) Ask questions and receive answers about HIV infection and other topics described in this regulation [and have those questions answered]; and

(b) (text unchanged)

(5) Make necessary accommodation with respect to language or disability to ensure that the [individual being tested] patient understands the information presented.

.09 Post-Test Requirements for HIV Testing by Health Care Providers.

A. If a patient’s HIV test result is negative, the individual providing testing shall provide post-test information to the patient tested that includes:

(1) That the HIV test result is negative; and

(2) The meaning of a negative result.

B. If a patient’s HIV test result is indeterminate, the individual providing testing shall provide post-test information to the patient in person that includes:

(1) That the HIV test result is indeterminate;

(2) The meaning of an indeterminate HIV test result; and

(3) A recommendation that the patient:

(a) Return in a medically appropriate time frame for another HIV test; and

(b) Take precautions as if the patient’s HIV test result had been positive until the patient is retested.

C. If a patient’s HIV test result is positive:

(1) The individual providing testing shall provide post-test information to the patient in person that includes:

(a) That the HIV test result is positive;

(b) The meaning of a positive HIV test result;

(c) If the patient is pregnant:

(i) How HIV infection may affect a pregnancy, fetus, or newborn;

(ii) That there is a potential that the newborn will have HIV infection; and

(iii) Information regarding recognized methods of reducing the risk of transmission of HIV to the fetus; and

(d) Information regarding the patient’s responsibility to:

(i) Notify all known sexual and needle-sharing partners of possible exposure; or

(ii) Request assistance from the health officer in the jurisdiction to notify all known sexual and needle-sharing partners of possible exposure;

(2) The health care provider shall:

(a) Ensure the patient is linked to an appropriate source of HIV medical care and support services; and

(b) If necessary, provide the patient with information about mental health services for HIV-infected individuals;

(3) For contact control, the health care provider shall:

(a) Endeavor to bring an individual with whom the patient has had potentially infectious contact to examination and, as appropriate, prophylaxis by:

(i) Requesting the health officer to conduct a contact investigation of any case of HIV; or

(ii) Interviewing the patient in order to ascertain the names, descriptions, addresses, telephone numbers, and email addresses of those with whom the patient has had potentially infectious contact; and

(b) Report immediately to the health officer an individual identified as having had potentially infectious contact with a patient with a positive HIV test result;

(4) A health officer shall:

(a) Investigate and notify immediately an individual reported under the provisions of §C(3)(b) of this regulation, who is within the health officer’s jurisdiction of the individual’s exposure and advise the individual to undergo a medical examination to ascertain whether the individual is infected with HIV; and

(b) Immediately forward to the Secretary all reports of individuals who are outside the health officer’s territorial jurisdiction for referral to the health officer of the proper jurisdiction; and

(5) A reported individual shall, within 1 week of notification, be examined to ascertain whether the individual has been infected with HIV.

.10 Post-Test Requirements for HIV Testing in Nonclinical Settings.

A. If a patient’s HIV test result is negative, the individual providing testing shall provide post-test information to the patient tested that includes:

(1) That the HIV test result is negative;

(2) The meaning of a negative result; and

(3) A recommendation about whether a repeat test is advisable based on potential recent exposures and the type of test technology used.

B. If a patient’s HIV test result is indeterminate, the individual providing testing shall provide post-test information to the patient tested in person that includes:

(1) That the HIV test result is indeterminate;

(2) The meaning of an indeterminate HIV test result;

(3) Information regarding transmission of HIV and means of preventing transmission of HIV; and

(4) A recommendation that the patient:

(a) Return in a medically appropriate time frame for another HIV test; and

(b) Take precautions as if the patient’s HIV test result had been positive until the patient is retested.

C. If a patient’s HIV test result is positive:

(1) The individual providing testing shall provide post-test information to the patient tested in person that includes:

(a) That the HIV test result is positive;

(b) The meaning of a positive HIV test result;

(c) Information regarding transmission of HIV and means of preventing transmission of HIV;

(d) If the patient is pregnant;

(i) How HIV infection may affect a pregnancy, fetus, or newborn;

(ii) That there is a potential that the newborn would have HIV infection; and

(iii) Information regarding recognized methods of reducing the risk of transmission of HIV to the fetus;

(e) That the patient should have a medical evaluation by a physician or physician’s designee who knows that the patient is HIV positive;

(f) That the patient should receive ongoing health care appropriate for an HIV seropositive individual; and

(g) Information regarding the patient’s responsibility to:

(i) Notify all known sexual and needle-sharing partners of possible exposure; or

(ii) Request assistance from the health officer in the jurisdiction to notify all known sexual and needle-sharing partners of possible exposure;

(2) The individual performing the HIV test shall:

(a) Ensure the patient is linked to an appropriate source of HIV medical care and support services including evaluation and treatment for:

(i) Tuberculosis;

(ii) Hepatitis;

(iii) Pregnancy; and

(iv) Sexually transmitted infections; and

(b) If necessary, provide the patient with information about mental health services for HIV-infected individuals;

(3) For contact control, the individual providing the testing shall:

(a) Request the health officer from the patient’s home jurisdiction conduct a contact investigation of any case of HIV; and

(b) Report immediately to the health officer from the patient’s home jurisdiction any known individual identified as having had potentially infectious contact with a patient with a positive HIV test result;

(4) A health officer shall:

(a) Investigate and notify immediately an individual reported under the provisions of §C(3)(b) of this regulation, who is within the health officer’s jurisdiction, of the individual’s exposure and advise the individual to undergo a medical examination to ascertain whether the individual is infected with HIV; and

(b) Immediately forward to the Secretary all reports of individuals who are outside the health officer’s jurisdiction for referral to the health officer of the proper jurisdiction; and

(5) A reported individual shall, within 1 week of notification, be examined to ascertain whether the individual has been infected with HIV.

.11 Immunity for Health Care Providers Working with Pregnant Women.

A health care provider may not be subject to disciplinary action by the professional licensing board that licenses the health care provider for following the requirements for prenatal HIV testing established by the Department.

[.11] .13 Information on Exposures.

A. A hospital where an exposure occurred shall:

(1) Maintain a confidential record or incident report for an HIV test conducted under Regulation [.10] .12 of this chapter;

(2) Adopt procedures for the confidential HIV testing of blood samples or other body fluids used or collected for purposes of Regulation [.10] .12 of this chapter;

(3) (text unchanged)

B. Nothing in Regulation [.10] .12 of this chapter or this regulation shall be construed to exempt any individual or entity required to report infectious diseases from reporting the infectious diseases as required in Health-General Article, Title 18, Annotated Code of Maryland.

DENNIS SCHRADER
Secretary of Health

 

Subtitle 22 DEVELOPMENTAL DISABILITIES

Notice of Proposed Action

[17-241-R]

The Secretary of Health proposes to amend:

(1) Regulations .06—.08 under COMAR 10.22.17 Fee Payment System for Licensed Residential and Day Programs; and

(2) Regulation .04 under COMAR 10.22.18 Community Supported Living Arrangements Payment System.

Because substantive changes have been made to the original proposal as published in 44:20 Md. R. 954—964 (September 29, 2017), this action is being reproposed at this time.

Statement of Purpose

The purpose of this action is to establish in COMAR the FY18 reimbursement rates for Licensed Residential and Day Programs and Personal Support services as part of Community Supported Living Arrangements (CSLA) services. The reproposed text is a result of an error in publishing three rates. This reproposal corrects those rates.

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 increases the rate paid to providers.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$36,288,004

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$36,288,004

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. A 3.5 percent increase in rates will cause the expenditures of the Developmental Disabilities Administration (DDA) for community services to increase by an estimated $38,288,004 in total funds. The total general funds impact of these changes is $19,847,939.

D. Regulated provider agencies will benefit from increases to rates by an estimated $36,288,004 in total funds ($19,847,939 in general funds).

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 W. 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 February 20, 2018. A public hearing has not been scheduled.

 

     Ed. Note:  Pursuant to State Government Article, §10-113, Annotated Code of Maryland, if a promulgating agency substantively alters the text of regulations that have been previously proposed in the Maryland Register, the altered text must be published in the Maryland Register as though it were initially proposed.  The text of regulations appearing immediately below has been altered substantively from the initially proposed text.

     Symbols:  Roman type indicates existing text of regulations. Italic type indicates initially proposed new text. Arial Bold Italic type indicates new text that substantively alters the text as initially proposed. [Single brackets] indicate existing text proposed for repeal. [[[Triple brackets]]] indicate text proposed for deletion which substantively alters the originally proposed text.

 

10.22.17 Fee Payment System for Licensed Residential and Day Programs

Authority: Health-General Article, §§2-104(b), 7-306.1, 7-307, 7-910(c), 15-105, 15-107, and 16-201, Annotated Code of Maryland

.06 Determination of Individual Component.

A.—F. (text unchanged)

[G.] (proposed for repeal)

G. Table of Individual Components Effective July 1, 2017.

(1) Residential Programs.

Region 1 (originally proposed text unchanged)

Region 2 — Washington D.C. Metro (Calvert, Frederick, Prince George’s, Montgomery, Charles)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1—4

(originally proposed text unchanged)

 

5

$36.08

[[[$55.59]]] $53.59

$81.55

$123.47

$170.97

Region 3—Region 4 (originally proposed text unchanged)

Region 5 — Wilmington Metro (Cecil)

Health/Medical

Level

 

1

2

3

4

5

1

$21.83

 

[[[$39.06]]] $39.07

$66.62

$107.92

$154.74

2—5

(originally proposed text unchanged)

 

 

 

 

 

Region 6 (originally proposed text unchanged)

(2)—(3) (originally proposed text unchanged)

(4) Community Learning Services.

Region 1 — Baltimore Metro (Baltimore City, Baltimore County, Anne Arundel, Harford, Howard, Carroll, Queen Anne’s)

Health/Medical

Level

Supervision/Assistance Level

1

2

3

4

5

1—4 (originally proposed text unchanged)

 

 

 

 

 

 

5

$35.68

$39.74

$47.70

[[[$58.89]]] $55.89

$72.03

Region 2—Region 6 (originally proposed text unchanged)

(5) (originally proposed text unchanged)

.07.08 (originally proposed text unchanged)

 

10.22.18 Community Supported Living Arrangements Payment System

Authority: Health-General Article, §§2-104(b), 7-306.1, 7-307, 15-105, and 5-107, Annotated Code of Maryland

.04 (originally proposed text unchanged) 

DENNIS SCHRADER
Secretary of Health

 

Notice of Proposed Action

[18-002-P]

The Secretary of Health proposes to:

         (1) Amend Regulations .01, .03, .05, .06, and .09—.16 under COMAR 10.27.01 Examination and Licensure;

(2) Amend Regulations .01, .07, and .08 under COMAR 10.27.03 Nursing Education Programs;

(3) Amend Regulations .01, .02, and .08—.11 under COMAR 10.27.05 Practice of Nurse Midwifery;

(4) Amend Regulations .01—.04 under COMAR 10.27.06 Practice of Nurse Anesthetist;

(5) Amend Regulations .01 and .04—.06, amend and recodify existing Regulations .02 and .03 to be Regulations .03 and .02, respectively, repeal existing Regulation .08, and recodify existing Regulation .09 to be Regulation .08 under COMAR 10.27.07 Practice of the Nurse Practitioner;

(6) Amend Regulation .01 under COMAR 10.27.09 Standards of Practice for Registered Nurses;

(7) Amend Regulation .01 under COMAR 10.27.10 Standards of Practice for Licensed Practical Nurses;

(8) Amend Regulation .02 under COMAR 10.27.11 Delegation of Nursing Functions;

(9) Amend Regulations .02—.05, .07, and .08 under COMAR 10.27.12 Nurse Psychotherapists in Independent Practice — Clinical Nurse Specialists;

(10) Amend Regulations .01—.03, .06, and .07, repeal existing Regulations .04 and .05, and adopt new Regulations .04 and .05 under COMAR 10.27.13 Safe Practice Committee;

(11) Amend Regulations .02—.05 and .09 under COMAR 10.27.16 Registered Nurse — Workers’ Compensation Case Manager;

(12) Amend Regulations .01—.04 under COMAR 10.27.18 Monetary Penalties;

(13) Amend Regulations .01 and .03 under COMAR 10.27.19 Code of Ethics;

(14) Amend Regulations .02—.04 under COMAR 10.27.20 Management of Infusion Therapy by the Registered Nurse and the Licensed Practical Nurse;

(15) Amend Regulations .01 and .02, repeal existing Regulation .03, amend and recodify existing Regulations .04 and .06 to be Regulations .03 and .05, respectively, and recodify existing Regulations .05 and .07 to be Regulations .04 and .06, respectively, under COMAR 10.27.27 Practice of Clinical Nurse Specialist;

         (16) Amend Regulations .01, .05, and .07—.09 under COMAR 10.39.01 Certification of Nursing Assistants;

(17) Amend Regulations .02 and .05 under COMAR 10.39.02 Nursing Assistant Training Programs;

(18) Amend Regulations .02 and .04—.06 under COMAR 10.39.04 Medication Technicians;

         (19) Amend Regulation .01 under COMAR 10.53.01 Definitions;

(20) Amend Regulation .05 and repeal Regulation .10 under COMAR 10.53.02 Licensure;

(21) Amend Regulations .01 and .02 under COMAR 10.53.03 Electrology Examination;

(22) Amend Regulation .01 under COMAR 10.53.07 Electrologist’s Office; and

(23) Repeal Regulation .01 under COMAR 10.53.11 Rehabilitation Committee.

This action was considered at public meetings of the Board of Nursing on August 23, September 27, and October 25, 2017, notice of which was given by publication on the Board’s website beginning January 3, 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 amend the Board’s regulations to conform to the changes made during the 2017 legislative session (Chs. 515 and 516, Acts of 2017 — H.B. 482/S.B. 385) and in the same proposal repeal outdated language and make technical and clarifying changes. The proposal:

(1) Amends the definition for advanced practice registered nurse (APRN) to conform to the statutory changes enacted during the 2017 legislative session;

(2) Adds registered nurses and licensed practical nurses with a multistate licensure privilege to the definition of registered nurses and licensed practical nurses;

(3) Defines “multistate licensure privilege”;

(4) Changes the name for the “Nurse Multistate Licensure Compact” to “Nurse Licensure Compact”;

(5) Clarifies that registered nurses and licensed practical nurses working in Maryland under their multistate licensure privilege may practice in Maryland subject to the provisions in the Nurse Practice Act;

(6) Repeals the requirement that foreign nursing programs verify that their graduates are competent in the English language;

(7) Clarifies the requirements for testing for competency in the English language;

(8) Conforms the requirements for certification as an APRN so that all APRN regulations are consistent with each other and incorporates any specific certification requirements for APRN certification in the requirements for certification;

(9) Provides that APRNs working in Maryland on a multistate licensure privilege shall be subject to criminal history records check for renewal of their certification;

(10) Clarifies that an APRN must have an active national certification at all times while practicing in their area of certification;

(11) Repeals all regulations referring to endorsement for APRNs;

(12) Clarifies that all initial licenses and certificates and renewals are for a 2-year period; clarifies that licensees and certificate holders can renew their licenses or certificates with documented proof that they have submitted to the required criminal history records check;

(13) Repeals provisions for temporary letters for renewal applicants;

(14) Repeals the requirement for a formulary for nurse midwives;

(15) Clarifies that nurse psychotherapists in independent practice are clinical nurse specialists;

(16) Changes the term “medication assistants” to “medication technicians”;

(17) Renames the Board’s “Rehabilitation Committee” to be the “Safe Practice Committee”; provides rules for non-compliant participants in the Safe Practice Program;

(18) Clarifies the Board’s responsibility for providing documents and instructions to out-of-State renewal applicants;

(19) Repeals the requirement that electrologists display their license and a notice for universal precautions in their office;

(20) Provides that the Board can delegate the electrology written and clinical license exams;

(21) Repeals the requirement that an electrology renewal applicant has to provide all the documentation for a criminal history record check before a license can be renewed; and

(22) Repeals the “Rehabilitation Committee for electrologists.

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 February 20, 2018. A public hearing has not been scheduled.

 

Subtitle 27 BOARD OF NURSING

10.27.01 Examination and Licensure

Authority: Health Occupations Article, §§1-213, 8-201, 8-205, 8-206, 8-301—8-315, 8-703, and 8-6A-05(a), Annotated Code of Maryland; Ch. 486, Acts of 2012; Chs. 281 and 282, Acts of 2013

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Active nursing practice” as used in Health Occupations Article, §8-312, Annotated Code of Maryland, means:

(a) The practice of registered nursing or licensed practical nursing [in accordance with] as defined in Health Occupations Article, §8-101, Annotated Code of Maryland;

(b) Related nursing activities approved by the Board, including but not limited to a generic nursing education program, degree completion programs, or graduate programs within the last 5 years; and

(c) (text unchanged)

(2) “[Annual] Biennial renewal” means renewal [annually] of a license every 2 years in the licensee’s birth month.

(3) (text unchanged)

(4) “Central Repository” means the Maryland Criminal Justice Information System [(CJIS)] Central Repository of the Department of Public Safety and Correctional Services.

(5)―(7) (text unchanged)

(8) “Educational qualifications” means that at the time the applicant graduated from a registered [nurse] nursing or licensed practical [nurse] nursing education program, that program was substantially equivalent to the registered [nurse] nursing or practical [nurse] nursing education programs approved in this State.

(9) “Endorsement” means [licensure by], for qualified applicants who have an unencumbered license from another state or country to practice registered nursing or licensed practical nursing, a waiver of the initial licensure requirement to take the national licensure examination in accordance with Health Occupations Article, §8-307, Annotated Code of Maryland.

(10) “English language competency examination” [is] means a Board-approved examination with a certain minimum score recognized by the Board for the purpose of determining proficiency in the oral and written communication of the English language.

(11) “Multistate licensure privilege” means an authorization to practice registered nursing or licensed practical nursing in Maryland that is granted to a registered nurse or licensed practical nurse who has an active multistate license issued by another state in accordance with the Nurse Licensure Compact. 

[(11)] (12) “NCLEX” means the National Council Licensure Examination for initial licensure as a registered nurse or licensed practical nurse.

[(12)] (13) “Preceptor” means a registered nurse who meets the qualifications of faculty as described in Regulation [.11] .16 of this chapter.

[(13)] (14) “Preceptorship” means an individualized refresher course approved by the Board and offered by an institution employing nurses which complies with Regulation [.11] .16 of this chapter.

[(14)] (15)[(16)] (17) (text unchanged)

C. “Substantially equivalent” means a registered [nurse] nursing or licensed practical [nurse] nursing education program that:

(1) Contains theoretical learning experiences and related clinical learning experiences that include direct patient care within various settings consistent with program objectives, outcomes, or competencies conducted either concurrently with or after the theoretical learning experience; and

(2) Meets the curriculum requirements for Maryland schools of nursing at the time of the applicant’s graduation, including, but not limited to:

(a)―(c) (text unchanged)

(d) Didactic and clinical instructional content that includes, but is not limited to, the areas of:

(i)―(iii) (text unchanged)

(iv) Geriatric nursing [; and]

[(3) Certifies that its graduates are competent in their ability to communicate in the English language].

.03 Licensure Exceptions.

A. Registered nurses or licensed practical nurses who hold a current active license in any other state or jurisdiction may render nursing care:

(1) For not more than 30 days, to an individual who is visiting the State for medical, educational, or personal reasons;

(2)―(3) (text unchanged)

B. A registered nurse or licensed practical nurse who holds a multistate licensure privilege under the Nurse Licensure Compact may practice nursing in this State in accordance with the laws of this State.

[B.] C. Nursing Graduate.

(1) (text unchanged)

(a) A Board-approved registered [nurse (RN)] nursing or licensed practical [nurse (LPN)] nursing education program; or

(b) An out-of-[State]state nursing education program determined to be equivalent by the Board.

(2)―(5) (text unchanged)

(6) After successful completion of an organized staff development program which includes an evaluation that the nursing graduate is competent and in compliance with [§B(5)] §C(5) of this regulation, the nursing graduate may:

(a) (text unchanged)

(b) After competency has been validated by the facility[, administer]:

(i) [Medications] Administer medications and controlled substances; and

(ii) (text unchanged)

(c)―(e) (text unchanged)

(7) (text unchanged)

.05 Qualifications of Applicants for Examination.

A. An applicant for the registered nurse licensure examination shall:

(1) (text unchanged)

(2) Have a diploma or degree from a registered nursing education program in another state, territory, or country determined by the Board to be substantially equivalent to the registered [nurse] nursing education program approved in this State at the time of the applicant’s graduation.

B. An applicant for the licensed practical nurse licensure examination shall:

(1) Meet all requirements for a high school diploma or its equivalent and complete satisfactorily and meet all requirements for a diploma from [a]:

(a) [Licensed] A licensed practical nursing education program [:

(a) Approved by the Board at the time of the applicant’s graduation] approved by the Board; or

(b) [Have a diploma from] A licensed practical nursing education program in any other state, territory, or country [and] determined by the Board to be substantially equivalent to the licensed practical [nurse] nursing education programs approved in this State at the time of the applicant’s graduation; or

(2) (text unchanged)

C. Applicants [unable to obtain certification of competency in the English language from the school of nursing] who are unable to prove proficiency in the English language in accordance with Health Occupation Article, §8-302(e), Annotated Code of Maryland, may be required to submit evidence of competency [before applying for licensure] by obtaining a minimum passing score on a Board approved English language competency examination of:

(1) 26 or higher on the [speaking section] spoken and written sections of the Test of English as a Foreign Language — Internet Based Test (TOEFL IBT);

[(2) 3 or higher on the Interamerican Language Associates, Inc. Oral Proficiency Interview (ILA OPI);] or

[(3)] (2) For the International English Language Testing System (IELTS):

(a) 7 or higher on the speaking and 6 or higher an all other modules; [or] and

(b) 6.5 or higher on the overall score [International English Language Testing System (IELTS) administered after September 30, 2005].

D. (text unchanged)

.06 Application for Licensure by Examination.

A.―E. (text unchanged)

[F. A license may not be issued until the Board has:

(1) Received and reviewed the criminal history records information; and

(2) Approved the application.]

.09 Speech-Impaired Applicants.

A.―C. (text unchanged)

D. A foreign-educated, speech-impaired applicant shall notify the Board before taking a Board-approved standardized test [of oral] for competency in the English language.

E. (text unchanged)

F. A foreign-educated applicant who is in need of foreign accent reduction, but who has competency in the applicant’s native language, may obtain assistance from a bilingual speech-language pathologist before attempting to pass [the Test of Spoken English] a test for competency in the English language.

.10 Licensure by Endorsement.

A. An applicant licensed to practice registered nursing or practical nursing in another state, territory, or country is eligible for licensure without examination if the applicant:

(1)―(2) (text unchanged)

(3) Submits the following verifications directly to the Board from the appropriate authority:

(a) That at the time that applicant graduated from the nursing education program, it was approved as a registered [nurse] nursing or licensed practical [nurse] nursing education program in that state, territory, or country;

(b) That the applicant met the educational qualifications of this State at [that time were met] the time of the applicant’s graduation from the nursing education program;

(c)―(d) (text unchanged)

(e) [Oral] Proof of oral and written competency in the English language;

(4)―(5) (text unchanged)

B. [Applicants unable to obtain certification of oral competency in the English language, which is required in §A(3)(e) of this regulation, from the school of nursing or the state of original licensure, may evidence of competency by obtaining a minimum passing score, as determined by the Board, on the Test of Spoken English administered by the Educational Testing Service before applying for licensure] An applicant who is unable to prove proficiency in the English language in accordance with Health Occupations, §8-302(e), Annotated Code of Maryland, may be required to submit evidence of competency in the English language by obtaining a minimum passing score on a Board-approved English language competency examination in accordance with Regulation .05C of this chapter.

C. (text unchanged)

[D. A license may not be issued until the Board has:

(1) Received and reviewed the criminal history records information; and

(2) Approved the application.]

.11 Issuance of Licenses.

A. [A] An initial license shall be issued to each applicant passing the licensure examination or qualifying for licensure by endorsement provided that [they meet]:

(1) The applicant meets all the requirements of this chapter; and

(2) The Board has:

(a) Received and reviewed the criminal history record information; and

(b) Approved the application.

[B. A renewal license will be issued to each licensee who meets the requirements of Health Occupations Article, §8-312(c), Annotated Code of Maryland.]

[C.] B.―[E.] D. (text unchanged)

[F. An inactive status license shall be issued to any licensee who pays the required fee and submits the form required by the Board.]

.12 Temporary Licensure.

A. The Board may issue a temporary license [any] to an applicant who passed the licensure examination and is waiting for the criminal history records check to be completed or who is licensed as a registered nurse or licensed practical nurse [from] in any other state provided that the applicant:

(1) (text unchanged)

(2) [Presents] If licensed in another state, presents a copy of a current, active license in another state;

(3)―(5) (text unchanged)

[B. The Board may issue a temporary license to a renewal applicant pending completion of the criminal history record information in accordance with Health Occupations Article, §8-312(g), Annotated Code of Maryland.]

[C.] B. Except as provided in [§§D and H] §§C and E of this regulation, temporary licenses expire 90 days after date of issuance and are not renewable.

[D.] C. A temporary license may be extended for an additional 90 days if the applicant is waiting for the completion of the criminal history record information.

[E.] D. The Board shall revoke a temporary license if the criminal history records check reveals that the applicant has been convicted of or pled guilty or nolo [contendre] contendere to an act that would be cause for discipline under Health Occupations Article, §8-316(a), Annotated Code of Maryland.

[F. The Board may issue a temporary practice letter to a certified nurse practitioner or certified nurse midwife as permitted by Health Occupations Article, §8-315, Annotated Code of Maryland.

G. A temporary practice letter referred to in §F of this regulation may be issued provided that the applicant provides documentation verifying that the applicant meets the requirements for certification in this State.]

[H.] E. If an applicant does not meet the practice requirement in Regulation [.09A(5)] .10A(5) of this chapter, a temporary license [or temporary practice letter] may be extended every 90 days:

(1)―(2) (text unchanged)

.13 Renewal of License.

A. The Board shall renew the license of a licensee who meets all the requirements of Health Occupations Article, §8-312, Annotated Code of Maryland and of this chapter.

[A.] B. The Board shall [begin biennial licensure on January 1, 2013,] renew licenses biennially according to the following schedule:

[(1) Until December 31, 2012, a license of a registered nurse or licensed practical nurse shall be renewed annually not later than the 28th day of the licensee’s birth month;

(2) Beginning January 1, 2013, a registered nurse or licensed practical nurse with an even-numbered birth year shall renew for a 1-year period not later than the 28th day of the licensee’s birth month;

(3) Beginning January 1, 2013, a registered nurse or licensed practical nurse with an odd-numbered birth year shall renew for a 2-year period not later than the 28th day of the licensee’s birth month;

(4) Beginning January 1, 2014, a registered nurse or licensed practical nurse with an even-numbered birth year shall renew for a 2-year period not later than the 28th day of the licensee’s birth month; and

(5) Beginning January 1, 2015, a registered nurse or licensed practical nurse shall renew every 2 years as follows:]

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

[B.] C.[E.] F. (text unchanged)

[F.] G. [Persons] An individual applying for active licensure renewal shall show evidence of 1,000 hours of active nursing practice or graduation from an approved nursing program within the 5 years immediately preceding the date of the renewal application.

[G.] H. [Persons] An individual applying for active licensure renewal who do not meet the requirements of [§F] §G of this regulation shall be required to successfully complete a Board-approved refresher program or Board-approved preceptorship program prior to renewal of the license.

[H.] I. (text unchanged)

J. Along with the renewal notice in accordance with §C of this regulation, the Board shall:

(1) Notify every renewal applicant who is required to have a criminal history records check in the selected birth month; and

(2) Send the renewal applicant instructions for downloading and completing the documents needed to submit to a criminal history records check.

K. If a renewal applicant is out of the state, the Board shall mail a packet to the applicant with the required documents and instructions for completing the documents. 

[I.] L.[J.] M. (text unchanged)

[K. The Board shall mail out to every renewal applicant who is required to have a criminal history records check in the selected birth month, a packet with the required fingerprint documents and instructions for completing the documents.]

[L.] N. [After notification to the licensee at the address provided to the Board that a criminal history records check is required for renewal,] For renewal applicants who are required to submit to a criminal history records check, the Board may not renew a license [if the criminal history records information has not been received] without written documentation that the applicant has submitted to a criminal history record check in accordance with Health Occupations Article, §8-303, Annotated Code of Maryland.

[M. The Board may issue a temporary license in accordance with Regulation .11 of this chapter pending receipt of the criminal history records information.

N. A license may not be issued until the Board has:

(1) Received and reviewed the criminal history records information; and

(2) Approved the application.]

.14 Inactive Status.

A. The Board shall [issue an inactive] place the license [to] of any registered nurse or licensed practical nurse on inactive status if the licensee:

(1) Has not satisfactorily completed 1,000 hours of active nursing practice or graduated from an approved nursing program within the 5-year period immediately preceding the date of anticipated renewal[;] or

[(2) Chooses] chooses inactive status; [and]

[(3)] (2) Completes the [annual] biennial application for inactive status; and

(3) Pays all fees.

B. (text unchanged)

C. A licensee on inactive status may apply for an active status license provided that the licensee:

(1) (text unchanged)

(2) Submits to the Board:

(a) (text unchanged)

(b) Written, verified evidence that the [renewal applicant] licensee has [completed an application for] submitted to a criminal history records check in accordance with Regulation [.05] .13 of this chapter by:

(i)―(ii) (text unchanged)

[D. A license may not be issued until the Board has:

(1) Received and reviewed the criminal history records information; and

(2) Approved the application.]

[E.] D. (text unchanged)

.15 Expiration of License.

A. (text unchanged)

B. A licensee has a 30-day grace period beyond the expiration date of a license [date] to [obtain a renewal] renew a license.

 

.16 Refresher Course and Preceptorship Requirements.

A.―D. (text unchanged)

E. Faculty Qualifications.

(1) Faculty shall [have]:

[(a) A current registered nurse licensure in Maryland;]

(a) Be a registered nurse as defined in Health Occupations Article, §8-101, Annotated Code of Maryland; and

(b) [An earned] Have a baccalaureate degree in nursing.

(2) (text unchanged)

F.―J. (text unchanged)

 

10.27.03 Nursing Education Programs

Authority: Health Occupations Article, §§8-205, 8-401, and 8-404, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)―(15) (text unchanged)

(16) “Licensed practical nurse” means an individual who:

(a) Is licensed by the Board to practice licensed practical nursing; or

(b) Has a multistate licensure privilege to practice licensed practical nursing.

(17) “Multistate licensure privilege” has the meaning set forth in COMAR 10.27.01.01B.

[(17)] (18)[(19)] (20) (text unchanged)

[(20)] (21) “Registered nurse (RN)” means an individual who:

(a) Is licensed by the Board to practice registered nursing; or

(b) Has a multistate licensure privilege to practice registered nursing.

[(21)] (22)[(23)] (24) (text unchanged)

.07 Nursing Program Administrator.

A. Qualifications.

(1) Qualifications of the nursing program administrator include:

(a) Current licensure as a registered nurse in Maryland or possession of a multistate licensure privilege to practice registered nursing; 

(b) A graduate degree in nursing [for an individual employed after September 30, 1991]; and

(c) (text unchanged)

(2) (text unchanged)

B. (text unchanged)

.08 Faculty and Clinical Instructors.

A. Qualifications of Nurse Faculty.

(1) Nurse faculty shall:

(a) Be currently licensed as a registered nurse in Maryland or have a multistate licensure privilege to practice registered nursing;

(b)―(d) (text unchanged) 

(2) Except as provided under §B of this regulation, nurse faculty [hired after August 10, 1998,] shall have a graduate degree in nursing.

(3) (text unchanged)

B. (text unchanged)

C. Qualifications of Clinical Nurse Faculty.

(1) A clinical nurse faculty member shall:

(a) Be currently licensed as a registered nurse in Maryland or have a multistate licensure privilege to practice registered nursing;

(b)―(d) (text unchanged)

(2) (text unchanged)

D. (text unchanged)

 

10.27.05 Practice of Nurse Midwifery

Authority: Health Occupations Article, §§8-101, 8-205, and 8-601—8-603, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)―(2) (text unchanged) 

(3) “Advanced practice registered nurse (APRN)” means a registered nurse who [holds a current license as] is certified by the Board as:

(a)—(b) (text unchanged)

(c) A certified nurse practitioner (CRNP); or

(d) A clinical nurse specialist (CNS)[; or

(e) An advanced practice registered nurse/ psychiatric mental health (APRN/PMH)].

(4)―(5) (text unchanged)