Capitol Building Maryland Register

Issue Date: September 14, 2018

Volume 45 • Issue 19 • Pages 855-906

IN THIS ISSUE

Governor

Regulatory Review and Evaluation

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before August 27, 2018 5 p.m.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 August 27, 2018.
 
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 ......................................................................  858

 

COMAR Research Aids

Table of Pending Proposals ...........................................................  859

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

03        Comptroller of the Treasury ...............................................  867

09        Department of Labor, Licensing, and Regulation .......  865, 869

10        Maryland Department of Health .........................................  870

11        Department of Transportation ............................................  894

13A     State Board of Education ............................................  865, 895

13B     Maryland Higher Education Commission ..........................  866

17        Department of Budget and Management ............................  866

18        Department of Assessments and Taxation .........................  897

 

PERSONS WITH DISABILITIES

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

 

 

The Governor

EXECUTIVE ORDER 01.01.2018.21 ..................................  862

EXECUTIVE ORDER 01.01.2018.22 ..................................  862

 

Regulatory Review and Evaluation

OFFICE OF ADMINISTRATIVE HEARINGS

Notice of Opportunity for Public Inspection and
   Comment  864

 

Final Action on Regulations

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

OFFICE OF THE SECRETARY

Open Meetings Act  865

13A STATE BOARD OF EDUCATION

LOCAL SCHOOL ADMINISTRATION

Local Boards of Education .  865

STUDENTS

General Regulations .  865

General Regulations .  865

13B MARYLAND HIGHER EDUCATION COMMISSION

NONPUBLIC SCHOOLS

Minimum Requirements for Private Career Schools .  866

FULLY ONLINE PROGRAMS

Registration .  866

17  DEPARTMENT OF BUDGET AND MANAGEMENT

OFFICE OF PERSONNEL SERVICES AND BENEFITS

Leave .  866

 

Proposed Action on Regulations

03  COMPTROLLER OF THE TREASURY

SALES AND USE TAX

Sales and Use Tax .  867

09  DEPARTMENT OF LABOR, LICENSING, AND
   REGULATION

UNEMPLOYMENT INSURANCE

Obligations of Employers .  869

10  MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Pharmacy Services .  869

Pharmacists .  869

Early and Periodic Screening, Diagnosis and Treatment
   (EPSDT) Services .  871

Medical Assistance Eligibility .  872

Family Planning Program Eligibility .  872

Family Planning Program ..  872

Targeted Case Management for People with Developmental
   Disabilities .  876

Service Coordination for Children with Disabilities .  877

Specialty Mental Health Services .  877

Special Psychiatric Hospitals .  878

BOARD OF PHYSICIANS

Delegation and Assignment of Performance of Cosmetic
   Medical Procedures and Use of Cosmetic Medical
   Devices .  879

BOARD OF PHARMACY

Pharmacist Administration of Vaccinations .  879

BOARD OF PROFESSIONAL COUNSELORS AND
   THERAPISTS

General Regulations .  880

Advanced Assessment Activities .  880

Art Therapists .  880

Alcohol and Drug Counselors — Requirements for
   Certification and Licensure .  885

11  DEPARTMENT OF TRANSPORTATION

MARYLAND AVIATION ADMINISTRATION

Maryland Air Terminal Assistance Program ..  894

13A STATE BOARD OF EDUCATION

SUPPORTING PROGRAMS

Student Transportation .  895

18  DEPARTMENT OF ASSESSMENTS AND TAXATION

PUBLIC UTILITY OPERATING PROPERTY

Classification .  897

Coal Pollution Facilities .  898

TAX PAYMENTS

Tax Payments — Immediately Available Funds .  898

FINANCIAL INSTITUTION FRANCHISE TAX

Tax Returns .  899

GROUND RENTS

Redemption .  899

Registration .  899

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Modify a Stormwater Permit —
   Anne Arundel County, Maryland .  901

Tentative Determination to Modify a Stormwater Permit —
   Baltimore County, Maryland .  901

Tentative Determination to Modify a Stormwater Permit —
   Prince George’s County, Maryland .  902

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right
   to Object or Petition .  902

 

General Notices

COMPTROLLER OF THE TREASURY/ADMINISTRATION
   AND FINANCE

Reduction of Bond Authorization Announcement  904

MARYLAND DEPARTMENT OF HEALTH

Public Hearing .  904

Receipt of Application .  904

MARYLAND DEPARTMENT OF HEALTH/TASK FORCE
   TO STUDY ACCESS TO HOME HEALTH CARE FOR
   CHILDREN AND ADULTS WITH MEDICAL
   DISABILITIES

Public Meeting .  904

HISTORIC ST. MARY'S CITY COMMISSION

Public Meeting .  905

DEPARTMENT OF INFORMATION TECHNOLOGY

Public Meeting .  905

Public Meeting .  905

MARYLAND HEALTH CARE COMMISSION

Public Meeting .  905

Exemption from CON Review ..  905

Notice of Project Change .  905

Request for Letters of Intent — Substance Abuse .  905

Notice of Project Change .  905

DEPARTMENT OF NATURAL RESOURCES/FISHING AND
   BOATING SERVICES

Public Notice — Commercial Striped Bass Common Pool
   Hook and Line Season Modification —
   Effective 9/4/18 .  905

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Public Meeting .  905

STATE ADVISORY COUNCIL ON QUALITY CARE AT
   THE END OF LIFE

Public Meeting .  906

BOARD OF REVENUE ESTIMATES

Public Meeting .  906

STATE TREASURER'S OFFICE

Public Meeting .  906

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
   VETERANS COMMISSION

Public Meeting .  906

BOARD OF WELL DRILLERS

Public Meeting .  906

 

 

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 2019

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

2018

September 28

September 10

September 19

September 17

October 12

September 24

October 3

October 1

October 26

October 5**

October 17

October 15

November 9

October 22

October 31

October 29

November 26***

November 5

November 14

November 9**

December 7

November 19

November 28

November 26

December 21

December 3

December 12

December 10

2019

January 4

December 17

December 26

December 24

January 18

December 31

January 9

January 7

February 1

January 14

January 23

January 18**

February 15

January 28

February 6

February 4

March 1

February 11

February 20

February 15**

March 15

February 25

March 6

March 4

March 29

March 11

March 20

March 18

April 12

March 25

April 3

April 1

April 26

April 8

April 17

April 15

May 10

April 22

May 1

April 29

May 24

May 6

May 15

May 13

June 7

May 20

May 29

May 24**

June 21

June 3

June 12

June 10

July 5

June 17

June 26

June 24

July 19

July 1

July 10

July 22

 

*   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 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.

 


02 OFFICE OF THE ATTORNEY GENERAL

 

02.08.01.01—.05 • 45:14 Md. R. 703 (7-6-18)

 

03 COMPTROLLER OF THE TREASURY

 

03.03.05.04 • 45:18 Md. R. 835 (8-31-18)

03.06.01.33 • 45:19 Md. R. 867 (9-14-18)

 

04 DEPARTMENT OF GENERAL SERVICES

 

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

 

05.05.01.13 • 45:14 Md. R. 704 (7-6-18)

05.05.02.07 • 45:14 Md. R. 704 (7-6-18)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.03.04.02,.15,.23 • 45:15 Md. R. 729 (7-20-18)

08.03.04.03 • 45:16 Md. R. 777 (8-3-18)

08.03.10.14 • 45:15 Md. R. 730 (7-20-18)

 

09 DEPARTMENT OF LABOR, LICENSING, AND REGULATION

 

09.10.01.17,.28,.88 • 45:17 Md. R. 806 (8-17-18)

09.10.02.43,.53,.53-1 • 45:17 Md. R. 807 (8-17-18)

09.16.01.08 • 45:15 Md. R. 730 (7-20-18)

09.16.02.04 • 45:15 Md. R. 731 (7-20-18)

09.22.01.12 • 45:15 Md. R. 732 (7-20-18)

09.22.02.01 • 45:13 Md. R. 669 (6-22-18)

09.32.01.05 • 45:19 Md. R. 869 (9-14-18)

 

10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE

 

         Subtitles 01—08 (1st volume)

 

10.01.04.01,.02 • 45:15 Md. R. 733 (7-20-18)

 

          Subtitle 09 (2nd volume)

 

10.09.03.01 • 45:19 Md. R. 869 (9-14-18)

10.09.03.05 • 45:15 Md. R. 735 (7-20-18)

10.09.21.01—.08 • 45:19 Md. R. 869 (9-14-18)

10.09.23.01-1,.02,.04,.06 • 45:19 Md. R. 871 (9-14-18) (ibr)

10.09.24.04-1 • 45:19 Md. R. 872 (9-14-18)

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

                                       45:10 Md. R. 503 (5-11-18) (err)

10.09.37.02—.04,.08,.09,.11 • 45:19 Md. R. 872 (9-14-18)

10.09.48.08 • 45:19 Md. R. 876 (9-14-18)

10.09.51.01—.07 • 45:13 Md. R. 671 (6-22-18)

10.09.52.04-2 • 45:19 Md. R. 877 (9-14-18)

10.09.58.01—.07 • 45:19 Md. R. 872 (9-14-18)

10.09.59.04,.07 • 45:19 Md. R. 877 (9-14-18)

10.09.63.02,.05 • 45:15 Md. R. 733 (7-20-18)

10.09.67.19,.20,.26-4,.26-5,.27 • 45:15 Md. R. 733 (7-20-18)

10.09.70.03 • 45:15 Md. R. 733 (7-20-18)

10.09.95.07 • 45:19 Md. R. 878 (9-14-18)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.13.03.01—.04 • 45:13 Md. R. 675 (6-22-18)

10.21.04.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.16.01—.16 • 45:7 Md. R. 357 (3-30-18)

10.21.17.01—.17 • 45:7 Md. R. 357 (3-30-18)

10.21.18.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.19.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.20.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.21.21.01—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.22.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.25.03-2,.05—.13 • 45:7 Md. R. 357 (3-30-18)

10.21.26.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.27.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.21.28.01—.12 • 45:7 Md. R. 357 (3-30-18)

10.21.29.01—.09 • 45:7 Md. R. 357 (3-30-18)

10.22.16.03 • 45:13 Md. R. 676 (6-22-18)

 

     Subtitles 23 — 36 (4th Volume)

 

10.24.17.01 • 45:11 Md. R. 589 (5-25-18) (ibr)

10.32.09.02 • 45:19 Md. R. 879 (9-14-18)

10.32.13.02,.03 • 45:15 Md. R. 736 (7-20-18)

10.34.32.03 • 45:19 Md. R. 879 (9-14-18)

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

 

     Subtitles 37—66 (5th Volume)

 

10.47.02.01—.11 • 45:7 Md. R. 357 (3-30-18)

10.47.03.01—.07 • 45:7 Md. R. 357 (3-30-18)

10.47.04.01—.08 • 45:7 Md. R. 357 (3-30-18)

10.47.05.01—.05 • 45:7 Md. R. 357 (3-30-18)

10.47.07.02,.03,.05,.06,.08,.09 • 45:7 Md. R. 364 (3-30-18)

10.58.01.03 • 45:19 Md. R. 880 (9-14-18)

10.58.07.02—.04,.06—.20 • 45:19 Md. R. 885 (9-14-18)

10.58.11.03 • 45:19 Md. R. 880 (9-14-18)

10.58.17.01—.09 • 45:19 Md. R. 880 (9-14-18)

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

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.03.07.01—.06 • 45:19 Md. R. 894 (9-14-18)

11.04.05.01,.02,.06 • 45:10 Md. R. 510 (5-11-18)

                                  45:12 Md. R. 644 (6-8-18) (err)

11.06.02.08 • 45:15 Md. R. 737 (7-20-18)

11.06.03.01,.02 • 45:9 Md. R. 469 (4-27-18)

11.07.03.03 • 45:15 Md. R. 738 (7-20-18)

11.07.03.05 • 45:15 Md. R. 738 (7-20-18)

 

     Subtitles 11—23 (MVA)

 

11.11.02.06 • 45:15 Md. R. 738 (7-20-18)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.10.10.19 • 45:14 Md. R. 706 (7-6-18)

 

13A STATE BOARD OF EDUCATION

 

13A.05.04.02 • 45:15 Md. R. 739 (7-20-18)

13A.05.04.03 • 45:15 Md. R. 739 (7-20-18)

13A.05.04.05 • 45:15 Md. R. 740 (7-20-18)

13A.05.04.06 • 45:15 Md. R. 740 (7-20-18)

13A.05.04.07 • 45:15 Md. R. 741 (7-20-18)

13A.05.04.08 • 45:11 Md. R. 591 (5-25-18)

13A.06.07.01,.06—.08,.10 • 45:19 Md. R. 895 (9-14-18)

13A.12.01.05 • 45:9 Md. R. 478 (4-27-18)

13A.12.01.08-1 • 45:9 Md. R. 478 (4-27-18)

13A.14.06.03 • 45:17 Md. R. 808 (8-17-18)

 

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.02.06.05,.06 • 45:18 Md. R. 836 (8-31-18)

13B.08.17.01—.05 • 45:18 Md. R. 837 (8-31-18)

 

14 INDEPENDENT AGENCIES

 

14.22.01.10,.12,.15 • 45:18 Md. R. 838 (8-31-18)

14.22.02.02 • 45:18 Md. R. 838 (8-31-18)

14.27.02.03,.11,.12,.14 • 45:16 Md. R. 778 (8-3-18)

14.27.03.06,.07 • 45:16 Md. R. 779 (8-3-18)

14.27.04.01—.09 • 45:16 Md. R. 780 (8-3-18)

 

15 DEPARTMENT OF AGRICULTURE

 

15.01.15.01—.05 • 45:16 Md. R. 781 (8-3-18)

15.05.01.02 • 45:15 Md. R. 741 (7-20-18)

15.15.05.01—.09 • 45:16 Md. R. 782 (8-3-18)

15.15.13.03,.05 • 45:7 Md. R. 380 (3-30-18)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.02.02.05 • 45:18 Md. R. 842 (8-31-18)

18.04.03.01 • 45:18 Md. R. 843 (8-31-18)

18.04.04.01 • 45:18 Md. R. 843 (8-31-18)

18.04.05.01 • 45:18 Md. R. 844 (8-31-18)

18.04.07.02,.03 • 45:18 Md. R. 844 (8-31-18)

18.04.08.05,.06 • 45:18 Md. R. 844 (8-31-18)

18.04.10.01,.03—.05 • 45:18 Md. R. 845 (8-31-18)

18.10.01.01 • 45:19 Md. R. 897 (9-14-18)

18.10.03.01,.03 • 45:19 Md. R. 898 (9-14-18)

18.11.01.01 • 45:19 Md. R. 898 (9-14-18)

18.12.01.01 • 45:19 Md. R. 899 (9-14-18)

18.15.01.01—.03 • 45:19 Md. R. 899 (9-14-18)

18.15.02.01,.05 • 45:19 Md. R. 899 (9-14-18)

 

19A STATE ETHICS COMMISSION

 

19A.01.01.04 • 45:16 Md. R. 785 (8-3-18)

 

20 PUBLIC SERVICE COMMISSION

 

20.50.02.02 • 45:15 Md. R. 743 (7-20-18)

20.50.09.01—.06,.08—.14 • 45:15 Md. R. 743 (7-20-18) (ibr)

20.50.12.03 • 45:16 Md. R. 785 (8-3-18)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.04.02.01,.05 • 45:3 Md. R. 167 (2-2-18)

26.11.01.01 • 45:17 Md. R. 809 (8-17-18)

26.11.08.01,.02,.04,.05,.07,.08-1,.08-2 • 45:17 Md. R. 809 (8-17-18)

26.11.09.08 • 45:17 Md. R. 809 (8-17-18)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 45:16 Md. R. 787 (8-3-18) (ibr)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.06.02 • 45:10 Md. R. 514 (5-11-18)

31.03.12.04 • 45:15 Md. R. 751 (7-20-18)

31.03.13.02 • 45:14 Md. R. 708 (7-6-18)

31.05.11.02,.08,.13—.18 • 45:14 Md. R. 708 (7-6-18)

31.08.15.04,.05 • 45:10 Md. R. 518 (5-11-18)

31.09.05.06 • 45:15 Md. R. 751 (7-20-18)

31.09.16.01—.12 • 45:7 Md. R. 389 (3-30-18)

                               45:15 Md. R. 752 (7-20-18)

31.10.16.05 • 45:15 Md. R. 752 (7-20-18)

31.14.02.03,.08,.09 • 45:11 Md. R. 595 (5-25-18)

31.15.03.05 • 45:17 Md. R. 814 (8-17-18)

31.15.09.01,.02 • 45:13 Md. R. 679 (6-22-18)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.01.03.02 • 45:17 Md. R. 815 (8-17-18)

36.02.06.04 • 45:17 Md. R. 815 (8-17-18)

36.03.01.02 • 45:17 Md. R. 815 (8-17-18)

36.03.03.07 • 45:17 Md. R. 815 (8-17-18)

36.03.07.03—.07 • 45:17 Md. R. 815 (8-17-18)

36.03.10.16,.19,.20,.26—.29,.31,.38,.41,.43,
     .45
• 45:17 Md. R. 815 (8-17-18)

36.04.01.18,.21,.30,.31 • 45:17 Md. R. 815 (8-17-18)

36.05.02.16 • 45:17 Md. R. 815 (8-17-18)

36.05.03.11,.23 • 45:17 Md. R. 815 (8-17-18)

36.07.04.06 • 45:17 Md. R. 815 (8-17-18)

 

 

 


The Governor


 


EXECUTIVE ORDER 01.01.2018.21

Accountability in Elementary and Secondary Education

 

WHEREAS, There are widespread accountability concerns from parents, students, and teachers about public elementary and secondary education systems across the state due to repeated allegations of wrongdoing and mismanagement;

 

WHEREAS, Confidence must be restored in Maryland’s public elementary and secondary education systems;

 

WHEREAS, Marylanders expect and deserve accountability from, better local management of, and the strongest oversight possible of their public elementary and secondary education systems;

 

WHEREAS, Accountability in Maryland public elementary and secondary education systems is critical to implementation of the recommendations of the Commission on Innovation and Excellence in Education;

 

WHEREAS, Maryland taxpayers spend more than $6.5 billion a year on education;

 

WHEREAS, It is the duty of the State to promote stable, safe, and healthy environments for children; and

 

WHEREAS, There is a need for an Office of Education Accountability to ensure and promote open, ethical, and accountable public elementary and secondary education systems that will operate at maximum efficiency and integrity;

 

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

A. The Governor’s Office for Children shall:

1. Establish an electronic tip system to allow anonymous reporting of concerns about Maryland public elementary and secondary education (“public school”) systems; and

2. Develop and maintain a database that tracks such concerns and their resolutions.

B. Office of Education Accountability.

1. The Office of Education Accountability is hereby established within the Office for Children to enhance and promote integrity and accountability in Maryland’s public school systems.

2. The Director of the Office of Education Accountability shall:

i. Provide outreach to students, parents, and teachers;

ii. Serve as a clearinghouse for concerns regarding public school safety, grading, graduation requirements, assessments, educational facilities, procurement, and budgets;

iii. Refer concerns to a public school official, agency, department, or resource as appropriate;

iv. Refer possible violations of criminal law to the State Prosecutor or State’s Attorneys with jurisdiction to prosecute them;

v. Receive and track allegations of violations of applicable whistleblower protections for individuals who raise concerns about public school systems;

vi. Identify systemic concerns related to fraud, abuse, waste, and unethical conduct within Maryland’s public school systems;

vii. Provide to the Maryland State Board of Education and local boards of education recommendations, solutions, and strategies for improving Maryland’s public school systems and communication between schools and parents;

viii. Facilitate responses by State units subject to the supervision and direction of the Governor (the “Executive Branch”) to concerns about public school systems; and

ix. Serve as a liaison between the Executive Branch and the Maryland State Board of Education and local boards of education.

3. The Director shall serve at the pleasure of the Governor.

4. The Director shall be provided with adequate staff selected by the Governor.

5. Reports.

i. The Director shall report annually to the Governor, the President of the Senate, the Speaker of the House of Delegates, the Superintendent of Schools, and the Maryland State Board of Education with:

1. recommendations related to alleged cases of fraud, waste, abuse, or unethical conduct within Maryland’s public school systems;

2. goals and priorities indicated by a periodic assessment of existing and emerging issues affecting Maryland’s public school systems; and

3. recommendations for legislation to enhance the integrity and accountability of Maryland’s public school systems.

ii. The report shall be submitted no later than December 31 of each year.

iii. The Director may issue additional reports.

 

Given Under my Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 4th Day of September, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-19-25]

 

EXECUTIVE ORDER 01.01.2018.22

Declaration of a State of Emergency

 

WHEREAS, The State of Maryland is subject to a variety of hazards or disasters, including an impending emergency as defined in Section 14-101(c)(1) of the Public Safety Article of the Maryland Code;

 

WHEREAS, Having been advised and informed by the Maryland Emergency Management Agency that, as a result of the impending impact of Hurricane Florence moving into the Mid-Atlantic, and the associated intense and powerful winds, severe rains, flooding, and other significant hazards, there is a need for special preparedness and response for which State resources may be requested;

 

WHEREAS, Hurricane Florence continues to move toward the East Coast of the United States;

 

WHEREAS, Action is needed to protect the lives and property of Maryland citizens expected to be impacted by the effects of Hurricane Florence;

 

WHEREAS, Transportation, water utility, and other critical infrastructure may be negatively affected by power outages, wind damage, and flooding;

 

WHEREAS, State and local government agencies may require additional resources and support to implement protective actions and meet the public safety and welfare needs of Maryland citizens that could be affected by the storm and related winds, flooding, and power outages;

 

WHEREAS, Maryland citizens may require direct assistance in repairing damaged homes and businesses;

 

WHEREAS, Certain regulations related to commercial vehicles may need to be waived;

 

WHEREAS, Use of the resources of the Maryland National Guard may be required; and

 

WHEREAS, In order to implement the emergency powers of the Governor and facilitate the deployment of needed resources, an executive order is necessary and appropriate;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE OF THE MARYLAND CODE, AND BASED ON THE ABOVE FINDINGS, HEREBY DECLARE THAT AN EMERGENCY EXISTS IN THE STATE AND THAT PREPARATIONS MUST BE MADE FOR HURRICANE FLORENCE, AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

     A. The Maryland National Guard is hereby called into State service.

     B. The Maryland Emergency Management Agency, the Maryland State Police, and all other appropriate State authorities are hereby authorized to activate their emergency preparedness plans and engage, deploy, use, and coordinate available resources in furtherance of those plans.

     C. Given the uncertain path, severity, and impact on the State of Hurricane Florence, all State employees are to report for work as they would in the ordinary course, unless otherwise directed.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, effective this 10th Day of September, 2018.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[18-19-26]

 

 


Regulatory Review and Evaluation

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

Title 28
OFFICE OF ADMINISTRATIVE HEARINGS

Notice of Opportunity for Public Inspection and Comment

     In accordance with the Regulatory Review and Evaluation Act, State Government Article, §§10-130 — 10-138, Annotated Code of Maryland, the Office of Administrative Hearings (OAH) is reviewing and evaluating the regulations codified in COMAR 28.01, 28.02, and 28.03.

     OAH is providing an opportunity for interested parties to participate in the review and evaluation of its existing regulations by attending either of the following public hearings:

 

Date

 

Time

Location

September 27, 2018

1—3 p.m.

 

Office of Administrative Hearings,

11101 Gilroy Road,

Hunt Valley, MD 21031

October

2, 2018

1—3 p.m.

 

Office of Administrative Hearings,

10400 Connecticut Avenue, Suite 208,

Kensington, MD 20895

Directions available at :

http://www.oah.state.md.us/Hearinglocations.aspx.

 

     Interested parties also may provide written comments. All comments should be addressed to Therese Kurtze, Staff Attorney, by mail or personal delivery at OAH, 11101 Gilroy Rd., Hunt Valley, MD 21031; by facsimile at (410) 229-4111; or by email at therese.kurtze@maryland.gov. Comments must be received no later than October 12, 2018.

[18-19-10]

 

 


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 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 01 OFFICE OF THE SECRETARY

09.01.11 Open Meetings Act

Authority: Business Regulation Article, §§2-105 and 2-108; General Provisions Article, Title 3, Annotated Code of Maryland

Notice of Final Action

[18-163-F]

On August 9, 2018, the Secretary of Labor, Licensing, and Regulation adopted new Regulations .01—.06 under a new chapter, COMAR 09.01.11 Open Meetings Act. This action, which was proposed for adoption in 45:14 Md. R. 705—706 (July 6, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

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

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 02 LOCAL SCHOOL ADMINISTRATION

13A.02.01 Local Boards of Education

Authority: Education Article, §§2-205, 4-101, 4-105, 4-106, 5-101, 5-109, and 7-103, Annotated Code of Maryland

Notice of Final Action

[18-168-F]

On August 28, 2018, the Maryland State Board of Education adopted amendments to Regulation .04 under COMAR 13A.02.01 Local Boards of Education. This action, which was proposed for adoption in 45:14 Md. R. 707—708 (July 6, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

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

 

Subtitle 08 STUDENTS

13A.08.01 General Regulations

Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-301, 7-303—7-305, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch. 273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912

Notice of Final Action

[18-158-F]

On August 28, 2018, the Maryland State Board of Education adopted the repeal of Regulation .06 under COMAR 13A.08.01 General Regulations. This action, which was proposed for adoption in 45:13 Md. R. 678 (June 22, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

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

 

Subtitle 08 STUDENTS

13A.08.01 General Regulations

Authority: Education Article, §7-305.1, Annotated Code of Maryland

Notice of Final Action

[18-120-F]

On August 28, 2018, the Maryland State Board of Education adopted amendments to Regulation .11 under COMAR 13A.08.01 General Regulations. This action, which was proposed for adoption in 45:10 Md. R. 511—512 (May 11, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

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

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 01 NONPUBLIC SCHOOLS

13B.01.01 Minimum Requirements for Private Career Schools

Authority: Education Article, §§11-105(u), 11-201, and 11-203, Annotated Code of Maryland

Notice of Final Action

[18-149-F]

On August 27, 2018, the Maryland Higher Education Commission adopted amendments to Regulations .02 and .19 under COMAR 13B.01.01 Minimum Requirements for Private Career Schools. This action, which was proposed for adoption in 45:12 Md. R. 635—637 (June 8, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

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

 

Subtitle 05 FULLY ONLINE PROGRAMS

13B.05.01 Registration

Authority: Education Article, §§11-105(u), 11-201, 11-202, 11-202.2, and
11-203, Annotated Code of Maryland

Notice of Final Action

[18-150-F]

On August 27, 2018, the Maryland Higher Education Commission adopted amendments to Regulations .06, .07, and .11, and adopted a new Regulation .12 under COMAR 13B.05.01 Registration. This action, which was proposed for adoption in 45:12 Md. R. 638—639 (June 8, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

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

 

Title 17
DEPARTMENT OF BUDGET AND MANAGEMENT

Subtitle 04 OFFICE OF PERSONNEL SERVICES AND BENEFITS

17.04.11 Leave

Authority: State Personnel and Pensions Article, §§4-106 and 9-101, Annotated Code of Maryland

Notice of Final Action

[18-193-F]

On September 4, 2018, the Secretary of Budget and Management adopted amendments to Regulation .22 under COMAR 17.04.11 Leave. This action, which was proposed for adoption in 45:15 Md. R. 742—743 (July 20, 2018), has been adopted as proposed.

Effective Date: September 24, 2018.

DAVID R BRINKLEY
Secretary of Budget and Management

 


Proposed Action on Regulations

 


 



Title 03
COMPTROLLER OF THE TREASURY

Subtitle 06 SALES AND USE TAX

03.06.01 Sales and Use Tax

Authority: Tax General Article, §2-103, Annotated Code of Maryland

Notice of Proposed Action

[18-228-P]

The Comptroller of the Treasury proposes to amend Regulation .33 under COMAR 03.06.01 Sales and Use Tax.

Statement of Purpose

The purpose of this action is to enforce a collection requirement that remote sellers without a physical presence in Maryland collect Maryland sales and use taxes for products delivered into Maryland. The recent Supreme Court ruling, South Dakota v. Wayfair, reverses a 1992 ruling on Quill Corp. v. North Dakota that said sellers only had to collect state sales taxes if they had a warehouse, office, or sales representative in the state. The Office of the Comptroller is receiving inquiries regarding the impact the decision has on the Comptroller’s authority to compel remote sellers to collect Maryland sales and use tax on sales to Maryland customers. The Comptroller is charged with compliance and enforcement efforts related to the collection of the sales and use tax.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Supreme Court’s decision in South Dakota v. Wayfair, Inc., et al., enables the State to hold remote sellers with a certain level of sales liable for the collection and remittance of sales and use taxes. There are four distinct groups that will be impacted economically by this decision: (a) companies with no physical presence (i.e., employees, agents, or property) within the State but that make sales into the State; (b) Maryland businesses with a physical presence in the State; (c) consumers; (d) government.

(a) All else equal, products sold online by remote businesses to Maryland customers will become subject to Maryland sales tax (1), thereby causing a decline in sales by this group as consumers shift to “brick and mortar” and/or buy fewer goods.

(b) Businesses located in Maryland, particularly smaller retailers, will no longer have to compete on an uneven playing field with online rivals unburdened by sales and use taxes. While internet sellers may still have the most cost-effective strategy, the normalizing of the 6% sales and use tax across the marketplace will result in Maryland’s small businesses becoming more competitive, potentially leading to increases in sales and employment.

(c) The rise in costs related to the application of sales and use tax will eventually fall to consumers, who will either spend a greater portion of their income or consume fewer goods. All else equal, as prices rise, consumption falls.

(d) The State will realize a greater amount of sales and use tax revenue, which may sustain or create employment where previously it may have been unable to do, though the extent to which will depend on the amount of collections.

Each of these effects is interconnected; as such, the precise level of impact is uncertain, though we would estimate a State sales and use tax revenue impact between $50M and $150M. Furthermore, it is unclear at this point which industry or sector will be most affected. This uncertainty exists for several reasons:

Footnote: (1) Lack of online sales data: there is not a tremendous amount of data available regarding online sales. The data we do have, a list of the top online retailers in 2017 ranked by web sales, reveals a significant drop-off in sales after large sellers, many of which already have nexus and/or remit sales and use tax. It would take a substantial number of midsize and small sellers to make a significant impact, and that number is unclear, as their number of online sales into Maryland is not typically readily-available public information.

(2) Lack of third party data: a significant number of small sellers use a third party platform, such as Amazon, Etsy, Wayfair, Walmart, etc. The State does not have data on the size of third party sellers doing business in these e-marketplaces, nor on the level of business each does in Maryland. Amazon alone reportedly has approximately 2,000,000 third party sellers, and information regarding the sales of each is typically not public information. Additionally, based off the limited available data, the amount of third party sales as a portion of total marketplace sales varies and declines significantly through the top 50 online sellers:

• Amazon, the top online seller in 2017, reportedly made approximately $60,000,000,00 in the company’s latest completed fiscal year ended December 31, 2017 in worldwide “net service sales,” which represent third party seller fees earned, commissions (reportedly between 6—20 percent), related shipping fees, web services sales, digital subscriptions, advertising services, and co-branded credit card agreements. Amazon recognizes its revenue related to items sold by third-party sellers as “service sales.”

• Walmart.com, number three on the list, reportedly makes approximately $5,000,000,00 to $15,000,000,000 in “eCommerce” revenue, which includes revenue from both third party sales (at 6—20 percent fee rate) and sales of Walmart products.

• Etsy, number nineteen on the list, generated approximately $180,000,000 in global marketplace revenue (which is comprised of a 3.5 percent completed transaction fee and 20 cent fee per listing) from approximately $3,300,000,000 in “gross merchandise sales,” i.e., the dollar value of items sold on its marketplace.

(3) Ambiguity: the Supreme Court decision upheld the threshold, established by South Dakota state law, at which online sellers making sales into South Dakota must remit sales and use tax ($100,000 in sales or 200 transactions). Currently, Maryland does not have an established threshold. It is unclear whether the highlighted threshold represents a recognized floor or limit as to the types of businesses liable for the remittance of sales and use tax. Moreover, the State does not have data on the amount of e-commerce conducted or number of businesses that operate above or below this low threshold. However, it is likely that very few sellers would meet the threshold, the exact number of which, as outlined, would be difficult to quantify.

*It must be noted that Maryland consumers were always required to remit 6 percent use tax on the products delivered into the State; however, many did not comply with the State’s use tax laws.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

Minimal

B. On other State agencies:

(R+)

Minimal

C. On local governments:

(R+)

Indeterminable

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Potentially Significant

E. On other industries or trade groups:

(-)

Potentially Significant

F. Direct and indirect effects on public:

NONE

Indeterminable

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

A. Revenue Administration Division. An increase in the license registration applications and calls relating to such. Potential staffing implications which would only be the initial registration. Payment processing would not substantially increase.

Compliance Division. Impacts would specifically relate to Business and Tax Audits and Hearings and Appeals.

Liabilities end up in Collections, but would not require a lot of time and resources to address.

B. Increased State revenues stemming from increased SUT collections to the extent State SUT revenues flow through to other State agencies.

C. Increased local government revenues stemming from increased SUT collections to the extent State SUT revenues flow through to local governments.

D. General positive impact across regulated industries on businesses with nexus, "brick and mortar" stores as consumer behavior shifts in response to application of SUT on remote sellers' online sellers making sales into MD.

E. General negative impact on remote online sellers making sales into MD as consumer behavior shifts in response to application of SUT.

F. Will no longer be required to remit the use tax on their purchases, because the remote seller will be required to collect and remit the sales tax due on their on-line purchases. Therefore, those Maryland consumers who were not in compliance with Maryland’s use tax laws will either spend a greater portion of their income or consume fewer goods resulting from the application of Maryland sales tax on the purchase of online goods sold to them by remote sellers. All else equal, as price levels rise, consumer purchasing power declines and consumption falls.

Economic Impact on Small Businesses

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

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

Businesses located in Maryland, particularly smaller retailers, will no longer have to compete on an uneven playing field with online rivals unburdened by sales and use taxes. While internet sellers may still have the most cost-effective strategy, the normalizing of the 6 percent sales and use tax across the marketplace will result in Maryland’s small businesses becoming more competitive, potentially leading to increases in sales and employment. This is because, all else equal, products sold online by businesses with Maryland sales but no physical Maryland presence will now be subject to Maryland sales tax; some portion of consumers will likely shift to “brick and mortar” Maryland stores, as buying online no longer allows sales and use tax to be avoided.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Anne Klase, 80 Calvert Street, Annapolis, MD 21401, or call 410-260-4055, or email aklase@maryland.gov. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

.33 Out-of-State Vendor.

A. (text unchanged)

B. A person engages in the business of an out-of-State vendor if the person:

(1)—(2) (text unchanged)

(3) Enters the State on a regular basis to provide service or repair for tangible personal property, either directly or indirectly through an agent, independent contractor, or subsidiary; [or]

(4) Regularly uses the person’s vehicle’s to sell or deliver tangible personal property or a taxable service for use in the State[.]; or

(5) Sells tangible personal property or taxable services for delivery in the State, if, during the previous calendar year or the current calendar year, the person satisfies either of the following criteria:

(a) The person’s gross revenue from the sale of tangible personal property or taxable services delivered in the State exceeds $100,000; or

(b) The person sold tangible personal property or taxable services for delivery into the State in 200 or more separate transactions.

C. The requirements of §B(5) of this regulation shall be effective beginning October 1, 2018.

PETER FRANCHOT
Comptroller

 

Title 09
DEPARTMENT OF LABOR, LICENSING, AND REGULATION

Subtitle 32 UNEMPLOYMENT INSURANCE

09.32.01 Obligations of Employers

Authority: Labor and Employment Article, §§8-101, 8-206, 8-305, 8-601,
 8-602, 8-613, 8-614, 8-625, 8-626, 8-1002.1, and 8-1005, Annotated Code of Maryland

Notice of Proposed Action

[18-229-P]

The Maryland Division of Unemployment Insurance proposes to amend Regulation .05 under COMAR 09.32.01.05 Obligations of Employers.

Statement of Purpose

The purpose of this action is to clarify the meaning under COMAR 09.32.01.05 for "continuous part-time employer" for determinations by the Division to non-charge an employer for benefits received by a part-time worker that has not separated from the employer at the time of the initial claim for benefits is filed with the Division.

The amended regulation expresses the analysis currently used by the Division. The regulation clearly states the test for non-charging under continuous part-time employment. It is expected to have minimal impact on the UI Trust Fund and no impact on benefit determinations.

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 Dayne M. Freeman, Assistant Secretary, Division of Unemployment Insurance, Department of Labor, Licensing and Regulation, 1100 N. Eutaw Street, Baltimore, MD 21201, or call 410-767-2483, or email to dayne.freeman@maryland.gov, or fax to 410-333-7099. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

.05 Charging of Benefit Payments.

A. Contributor.

(1) (text unchanged)

(2) Benefit Payments Not Chargeable. Benefit payments may not be charged against the earned-rate record of a contributor who is a base period employer when the claimant:

(a)—(b) (text unchanged)

(c) [Has been continuously employed by the employer on a part-time basis while the claimant is separated from other employment and is otherwise eligible for benefits; or] Was employed by the employing unit on a continuous part-time basis as of the date of the claimant’s initial claim for benefits; or

(d) (text unchanged)

(3) Continuous Part-Time Basis. For the purposes of this regulation, employment is on a continuous part-time basis under Labor and Employment Article, Title 8, Subtitle 6, Annotated Code of Maryland if:

(a) The claimant was not employed by the employing unit on a full-time basis during the base period;

(b) The claimant continued to be employed by the employing unit on a part-time basis as of the date of the initial claim for benefits; and

(c) The employing unit did not cause the claimant’s part-time working hours to be reduced.

[(3)] (4)—[(4)] (5) (text unchanged)

B.—E. (text unchanged)

DAYNE FREEMAN
Assistant Secretary

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Proposed Action

[18-240-P]

The Secretary of Health proposes to:

(1) Amend Regulation .01 under COMAR 10.09.03 Pharmacy Services; and

(2) Adopt new Regulations .01—.08 under a new chapter, COMAR 10.09.21 Pharmacists.

Statement of Purpose

The purpose of this action is to, in accordance with Chapters 820 and 821 of 2017:

(1) Update the definition of pharmacist to reflect that a pharmacist’s scope of practice includes services beyond filling prescriptions; and

(2) Establish requirements for individual pharmacists who enroll in the Program in order to counsel and prescribe certain contraceptive medications and self-administered contraceptive devices to Medical Assistance participants.

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 Regulations and Policy Coordination, Maryland Department of Health, 201 W. Preston Street, or call 410-767-6499, or email to mphinney@maryland.gov, or fax to 410-767-6483. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

 

10.09.03 Pharmacy Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-103.1, 15-105, [and] 15-118, and 15-148(c), Annotated Code of Maryland

.01 Definitions

A. (text unchanged)

B. Terms Defined.

(1)—(30) (text unchanged)

(31) "Pharmacist" means an individual licensed in good standing to practice pharmacy in the state where the [prescription is filled] service is provided.

(32)—(46) (text unchanged)

 

10.09.21 Pharmacists

Authority: Health-General Article, §2-104(b), 2-105(b), 15,-103, and
15-148(c), Annotated Code of Maryland

.01 Purpose and Scope.

This chapter establishes requirements for individual pharmacists who enroll in the Program.

.02 Definitions.

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

B. Terms Defined.

(1) “Board” means the Maryland Board of Pharmacy.

(2) “Contraceptives” means contraceptive medications and self-administered contraceptive devices approved by the U.S. Food and Drug Administration.

(3) “Maryland Medical Assistance Program” means the program of comprehensive medical and other health-related care for indigent and medically indigent individuals.

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

(5) "Pharmacist" means an individual licensed in good standing to practice pharmacy in the state where the service is provided.

(6) “Pharmacy” means an establishment or institution licensed in good standing that is required to obtain a permit in accordance with Health Occupations Article, Title 12, Annotated Code of Maryland.

(7) “Primary care practitioner” means a licensed health care practitioner who provides an individual’s primary care services and is the primary coordinator of health care services for the individual.

(8) “Program” means the Maryland Medical Assistance Program.

(9) “Reproductive health care practitioner” means a licensed health care practitioner who is authorized to provide reproductive health services.

.03 Provider Qualifications and Conditions for Participation.

A. The pharmacist shall meet:

(1) Licensure requirements set forth in COMAR 10.09.36.02; and

(2) Conditions for participation set forth in COMAR 10.09.36.03.

B. A pharmacist who prescribes contraceptives shall:

(1) Meet all Board requirements to prescribe contraceptives set forth in COMAR 10.34.40.03;

(2) Have completed a Board-approved training program, as set forth in COMAR 10.34.40.04;

(3) Meet all record keeping requirements set forth in COMAR 10.34.40.05; and

(4) Meet all continuing education requirements set forth in COMAR 10.34.40.06.

.04 Covered Services.

The following services are covered under this chapter:

A. A patient assessment performed at the pharmacist’s practice location in order to determine:

(1) Whether to prescribe contraceptives; and

(2) Which contraceptive options to prescribe; and

B. If contraceptives are prescribed, a referral:

(1) To the participant’s primary care practitioner or reproductive health care practitioner; or

(2) If the participant does not have a primary care practitioner or a reproductive health care practitioner, to a family planning provider or a licensed clinician who provides reproductive health care services.

.05 Limitations.

A pharmacist may not prescribe contraceptives before January 1, 2019.

.06 Payment Procedures.

A. The provider shall submit the request for payment of services rendered according to procedures established by the Department and in the form designated by the Department.

B. The Department reserves the right to return to the provider, before payment, all invoices not properly signed, completed, and accompanied by properly completed forms required by the Department.

C. Payment advances are not made routinely.

D. The Program will make no direct payment to participants.

E. Billing time limitations for claims submitted pursuant to this chapter are set forth in COMAR 10.09.36.06.

.07 Recovery and Reimbursement.

Recovery and reimbursement are as set forth in COMAR 10.09.36.07.

.08 Cause for Suspension of Removal and Imposition of Sanctions.

Causes for suspension or removal and imposition of sanctions are as set forth in COMAR 10.09.36.08.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services

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

Notice of Proposed Action

[18-241-P-I]

     The Secretary of Health proposes to amend Regulations .01-1, .02, .04, and .06 under COMAR 10.09.23 Early and Periodic Screening, Diagnosis and Treatment (EPSDT) Services.

Statement of Purpose

The purpose of this action is to:

(1) Update the title of the EPSDT manual to reflect its inclusion of audiology and physical therapy services;

(2) Add physician assistant as a health care practitioner the Program will consider for certification by the Healthy Kids Program as an EPSDT screening provider;

(3) Add clinically managed high intensity residential services (ASAM level 3.5) to the levels of care covered in Intermediate Care Facilities for patients under the age of 21;

(4) Remove residential rehabilitation service providers as EPSDT treatment providers;

(5) Update references to COMAR 10.63 in place of COMAR 10.47 which will be repealed by the Behavioral Health Administration (BHA); and

(6) Clarify that the Intermediate Care Facilities shall provide separate social, residential, dietary, and recreational activities for children and adolescents, if appropriate.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Department is proposing to add clinically managed high intensity residential services (ASAM level 3.5) to the levels of care covered in Intermediate Care Facilities for patients under the age of 21 through Medicaid. Assuming 50 percent match, the State will save $686,665.50.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E-)

$686,665.50

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

 

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

A. The economic impact is based on the Behavioral Health Administration’s FY 2018 budget to provide this service to 55 individuals (total $1,373,331). Currently this service is provided by BHA and supported entirely with State general funds. Incorporating this service into the Medicaid program will enable the State to receive at least a 50 percent match in Medicaid federal dollars, which would generate at least a savings of $686,665.50 in State general funds. There may be additional savings because there are likely to be some participants in Intermediate Care Facilities who are enrolled in CHIP and would receive a higher federal match of 88 percent. Since there is only one provider of this service, Medicaid anticipates the number of patients will remain consistent through FY 2019.

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 October 15, 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 Audiology, Physical Therapy, and Early Periodic, Screening, Diagnosis, and Treatment (EPSDT) Provider Manual (Effective July 2018) 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.

.01-1 Incorporation by Reference.

The Audiology, Physical Therapy, and Early Periodic, Screening, Diagnosis, and Treatment (EPSDT) Provider Manual (Maryland Medical Assistance Program, Effective [January 1, 2017] July 1, 2018) is incorporated by reference.

.02 Provider Qualifications.

A. (text unchanged)

B. In order for the Program to consider a health care practitioner for certification by the Healthy Kids Program as an EPSDT screening provider, the practitioner shall have a demonstrated history of providing services to children younger than 21 years old and shall also:

(1) (text unchanged)

(2) Be a pediatric or family nurse practitioner or a physician assistant who is licensed in good standing and certified to practice in the jurisdiction in which services are provided.

C.—D. (text unchanged)

E. EPSDT treatment providers that are covered by the Program include:

(1) The following provider types that are licensed in good standing to practice in the jurisdiction in which services are provided:

(a)—(h) (text unchanged)

(i) An intermediate care facility that provides at least one of the following:

(i) Clinically managed high intensity residential treatment; and

(ii) [medically] Medically monitored intensive inpatient treatment[, as specified in COMAR 10.47.02.09];

(2)—(5) (text unchanged)

[(6) Residential rehabilitation service providers, as specified in COMAR 10.09.28.02;]

[(7)] (6)[(10)] (9) (text unchanged)

F. In order to qualify as an EPSDT treatment provider, an intermediate care facility shall:

(1) Be licensed under COMAR 10.63.03 or certified under COMAR 10.47.02, whichever is appropriate; and

(2) If appropriate, provide separate social, residential, dietary, and recreational activities for children and adolescents.

.04 Covered Services.

A.—C. (text unchanged)

D. Additional Medically Necessary Plan of Treatment Services.

(1) (text unchanged)

(2) EPSDT services covered under §D of this regulation include:

(a)—(c) (text unchanged)

(f) Medically monitored intensive inpatient treatment services provided in an intermediate care facility, as specified in COMAR 10.47.02.09 or COMAR 10.63.03.14, whichever is applicable;

(g) Clinically managed high intensity residential treatment services provided in an intermediate care facility, as specified in COMAR 10.47.02.09 or COMAR 10.63.03.13, whichever is applicable;

[(g)] (h)[(j)] (k) (text unchanged)

.06 Preauthorization.

Preauthorization is required for:

A.—F. (text unchanged)

G. Intermediate Care Facilities, as specified in COMAR 10.47.02.09 or COMAR 10.63.03.13, whichever is applicable.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.24 Medical Assistance Eligibility

Authority: Estates and Trusts Article, §14.5-1002; Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407; Annotated Code of Maryland

Notice of Proposed Action

[18-232-P]

The Secretary of Health proposes to amend Regulation .04-1 under COMAR 10.09.24 Medical Assistance Eligibility.

Statement of Purpose

The purpose of this action is to amend the processing application time limitations for MAGI-exempt coverage groups from 30 days to 45 days, matching the time limitation set under federal regulations.

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 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 October 15, 2018. A public hearing has not been scheduled.

.04-1 Specific Application Requirements for MAGI Exempt Coverage Groups.

A.―C. (text unchanged)

D. Processing Applications. When a written or electronic application is filed, a decision shall be made promptly but not later than:

(1) [30] 45 days from the date of application in the case of determination of aged and blind individuals; or

(2) (text unchanged)

E.―M. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Proposed Action

[18-237-P]

The Secretary of Health proposes to:

(1) Amend Regulations .02—.04, .08, .09, and .11 under COMAR 10.09.37 Family Planning Program Eligibility; and

(2) Amend Regulations .01—.07 under COMAR 10.09.58 Family Planning Program.

Statement of Purpose

The purpose of this action is to:

(1) Expand family planning eligibility by increasing the income limits and eliminating gender and age requirements for those who are able to receive benefits, in accordance with Senate Bill 774 Maryland Medical Assistance Program—Family Planning Services, 2018, Health and Government Operations;

(2) Update definitions for consistency with other chapters;

(3) Remove redundant references to X-ray equipment requirements;

(4) Add language to specify which provider types may provide services under the Family Planning Program; and

(5) Clarify laboratory tests and pharmaceutical supplies covered under the limited benefit family planning program by removing certain services that are not medically necessary for family planning.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. Medicaid expenditures are expected to increase by $193,152 in fiscal 2019 in order to expand the Medicaid Family Planning Waiver Program to include woman and men of all ages with incomes up to 250 percent FPG.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$193,152

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$193,152

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. and D. Assumptions are as follows:

• An estimated 3,201 men and women with incomes below 200 percent FPG enroll in the program due to the lifting of age and gender restrictions.

• An estimated 5,871 men and women with incomes between 200 percent FPG and 250 percent FPG enroll in the program due to the lifting of age and gender restrictions and an increase in income eligibility.

• The annual service cost per enrollee is $32 (as this is based on serving women, the actual annual service cost may differ to serve both men and women).

• Medicaid incurs $48,000 in contractor costs for the vendor that maintains the separate eligibility system for the program.

• As contractor costs are based on the number of enrollees, to the extent participation is greater, costs increase by $24,000 for each additional 5,000 enrollees.

• Expansion of the program begins January 1, 2019.

• The federal matching rate is 90 percent for family planning services and 50 percent for contractor costs.

• The proposed regulations will use $38,515 general funds and $154,637 federal funds.

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 meaningful economic impact on small businesses that provide family planning services because an estimated, additional 9,072 individuals may enroll in the program in and seek services from 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 October 15, 2018. A public hearing has not been scheduled.

 

10.09.37 Family Planning Program Eligibility

Authority: Health-General Article, §§2-104(b) [and] 15-103(a), and 15-140, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) Applicant.

(a) "Applicant" means [a woman] an individual whose written, signed application for the Family Planning Program has been submitted to the Department but has not received final action.

(b) “Applicant” includes a non-pregnant [woman] individual whose application is submitted through an authorized representative.

(2)—(4) (text unchanged)

(5) “Authorized representative” means a spouse, legal guardian, parent, individual with power of attorney, relative or other individual designated in writing to the Department, authorized concerning the applicant’s or [recipient’s] participant’s eligibility under this chapter to:

(a) Act on an applicant’s or [recipient’s] participant’s behalf; and

(b) (text unchanged)

(6) “Continuing eligibility” means a [recipient’s] participant’s eligibility for a subsequent certification period after the current certification period, based on the Department’s redetermination of eligibility with respect to [a woman] an individual who is enrolled in Family Planning on the application date.

(7)—(10) (text unchanged)

(11) Earned Income.

(a) “Earned Income” means payment received by an individual in cash or in-kind as a result of employment, including self-employment.

(b) (text unchanged)

(12) (text unchanged)

(13) "Family Planning Program” means the program established in Health–General Article, §15-103 et seq., Annotated Code of Maryland to provide services related to contraceptive care to [women] individuals who meet the eligibility requirements specified in Regulation .03 of this chapter.

(14) (text unchanged)

(15) “Household [size][means:] means sharing a common household.

[(a) The applicant;

(b) The spouse who resides with the applicant; and

(c) Any children younger than 19 years old who resides with the applicant.]

(16) “Income” means any property or service received by a person in cash or in-kind which can be applied directly, or by sale or conversion, to meet basic needs for food, shelter, and medical expenses.

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

(18) "In-kind income" means support or benefits in the form of food or shelter, or both, received by a person.

[(17)] (19)—[(19)] (21) (text unchanged)

[(22) "Recipient" means a woman who is certified as eligible for the Family Planning Program.]

(22) “Participant” means an individual who is certified as eligible for the Family Planning Program.

[(20)] (23)[(21)] (24) (text unchanged)

[(23)] (25) “Redetermination” means a determination regarding the [continuing] eligibility of a [recipient] participant.

[(24)] (26) (text unchanged)

[(25)] (27) "Unearned income" means all income which does not meet the definition of earned income [as defined in §B of this regulation].

.03 Eligibility for Family Planning Program Coverage.

A. In order to be determined eligible for benefits under the Family Planning Program, an applicant:

(1) Shall:

(a) Have a household income that does not exceed [200] 250 percent of the federal poverty level; and

(b) Meet the following requirements:

(i)—(ii) (text unchanged)

(iii) Residency requirements in COMAR 10.09.24.05-3[; and].

[(c) Be under 51 years of age; and]

(2) (text unchanged)

B. An applicant whose income does not exceed [200] 250 percent of the federal poverty level and is determined eligible for pregnancy or postpartum coverage under COMAR 10.09.24 shall be:

(1)—(2) (text unchanged)

.04 Application.

A. The Department shall:

(1) (text unchanged)

(2) Give oral or written information about the eligibility requirements, coverage, scope and related services of the Family Planning Program, and [a woman’s] an individual’s rights and obligations under the Family Planning Program, to any individual requesting this information;

(3) Give [a woman] an individual requesting Family Planning Program coverage the opportunity to apply; and

(4) Make the application available to the individual without delay[;].

B. (text unchanged)

C. [A woman] An individual who wishes to apply for the Family Planning Program under this chapter shall submit a written, signed application form to the Department. An applicant shall be responsible for completing the application but may be assisted by another individual of the applicant’s choice.

D. (text unchanged)

E. [A woman] An individual who applies for the Family Planning Program may voluntarily withdraw that application; however the application form will remain the property of the Department.

F. (text unchanged)

G. Extension of Time Limitations.

(1) The Department may approve an extension of the time limitation specified in §E of this regulation if:

(a) The applicant or authorized representative is actively attempting to establish the applicant’s or [recipient’s] participant’s eligibility but has been unable to provide the required information or verification through no fault of the applicant, [recipient] participant, or authorized representative; or

(b) (text unchanged)

(2) The Department shall document the reason for the extension in the applicant’s or [recipient’s] participant’s case record.

(3) (text unchanged)

H.—K. (text unchanged)

L. A [recipient] participant shall cooperate with the Department in completing a form designated by the Department to report pertinent information and in collecting available health insurance benefits and other third-party payments.

.08 Determining Financial Eligibility.

An applicant is financially eligible for the Family Planning Program if the applicant's countable net family income as determined under Regulations .05, .06, and .07 of this chapter does not exceed [200] 250 percent of the federal poverty level.

.09 Certification Periods.

A. For a [recipient] participant, certification for initial eligibility begins not sooner than the first day of the month of application.

B. A [recipient’s] participant’s eligibility under Regulation .03 of this chapter will end as of the:

(1)—(2) (text unchanged)

(3) Date the Department receives notice of permanent sterilization of a [recipient] participant;

[(4) End of the month in which the recipient becomes age 51;]

[(5)] (4) Beginning of the month in which the [recipient] participant is enrolled in [Medicaid] Medicare; or

[(6)] (5) Date a [recipient] participant becomes an inmate in a public institution.

.11 Post–Eligibility Requirements.

A. The Department shall inform the applicant of the applicant’s legal rights and obligations and give the applicant written notification of the following:

(1) For an eligible [woman] individual:

(a)—(c) (text unchanged)

(2) For an ineligible [woman] individual:

(a)—(d) (text unchanged)

B. [Recipient] Participant Responsibility.

(1) A [recipient] participant shall notify the Department within 10 business days of changes affecting the [recipient’s] participant’s eligibility.

(2) A [recipient] participant shall limit use of the Family Planning card to the [woman] individual whose name appears on the card.

(3) When written notice of cancellation is received, a [recipient] participant shall discontinue use of the Family Planning card on the first day of ineligibility.

(4) (text unchanged)

(5) A [recipient] participant shall cooperate with the State’s Medical Assistance quality control review process, including verification of information pertinent to the determination of eligibility.

(6) If the [recipient] participant refuses to cooperate, the [recipient’s] participant’s coverage shall end subject to the regulation governing timely and adequate notice under COMAR 10.09.24.13B.

[(6)] (7) If the [recipient] participant refuses to cooperate, the [recipient’s] participant’s coverage shall end subject to the regulation governing timely and adequate notice under COMAR 10.01.04.

C. Unscheduled Redeterminations.

(1) The Department shall promptly make an unscheduled redetermination when:

(a) The [woman’s] participant’s circumstance suggests future changes which may affect eligibility before the due date of a scheduled redetermination;

(b) Relevant facts or changes in circumstances are reported by the [recipient] participant or an authorized representative; or

(c) (text unchanged)

(2) The Department shall notify the [recipient] participant that a redetermination shall establish continuing eligibility.

(3) (text unchanged)

(4) The Department shall notify the [recipient] participant of the required information and verifications needed to determine eligibility and the time standards in acting in the redetermination process.

(5) (text unchanged)

(6) Eligibility Decisions.

(a) [Recipients] Participants who are determined eligible for the remainder of the certification period shall be sent a notice in accordance with §A(1) of this regulation.

(b) [Recipients] Participants determined ineligible for the remainder of the certification period because of a change in circumstances or failure to establish eligibility following a change in circumstances, shall be sent a notice in accordance with §A(2) of this regulation.

(7) [A woman] An individual may reapply after cancellation of current eligibility, at which time a new period under consideration shall be established.

D. Scheduled Redeterminations.

(1) The Department shall make a scheduled redetermination of [a woman’s] a participant’s eligibility once every 12 months.

(2) The Department shall notify the [recipient] participant that a redetermination shall establish continuing eligibility.

(3)—(4) (text unchanged)

(5) The new period shall be related to the date the application is received but may not include months in which the [woman] participant was entitled to coverage under the current certification period.

(6) A [recipient] participant shall be treated the same as an applicant at the time of scheduled redetermination.

(7)—(9) (text unchanged)

 

10.09.58 Family Planning Program

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

.01 Purpose and Scope.

A. (text unchanged)

B. Eligibility shall be established [for women] according to COMAR 10.09.37.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) ["Certified nurse practitioner" means a licensed registered nurse who:

(a) By reason of certification under COMAR 10.27.07, may practice in Maryland as a nurse practitioner under the terms of those regulations; or

(b) Qualifies as a nurse practitioner in the state in which services are provided.] “Advanced practice nurse” means an individual who meets the requirements in COMAR 10.09.01.

(2)—(11) (text unchanged)

(12) “Participant” means an individual who is certified as eligible for the Family Planning Program as described in COMAR 10.09.37.

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

(14) “Physician assistant” means an individual who meets the requirements in COMAR 10.09.55.

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

[(17) "Recipient" means a woman who is certified as eligible for the Program according to COMAR 10.09.37.]

.03 Licensure Requirements.

A. [A certified nurse practitioner] An advanced practice nurse shall[:

(1) Be licensed to practice registered nursing in Maryland and be certified as a nurse practitioner by the Board of Nursing; or

(2) Meet the nurse practitioner regulatory requirements of the state in which services are provided] be licensed to practice as described in COMAR 10.09.01.

B. A doctor of medicine or osteopath shall be licensed and legally authorized to practice medicine in the state in which the service is delivered as described in COMAR 10.09.02.

C. A physician assistant must be licensed to practice as described in COMAR 10.09.55.

[C.] D.—[E.] F. (text unchanged)

[F. The provider shall ensure that all X-ray and other radiological equipment is maintained and inspected in compliance with the requirements of Environment Article, Title 8, Subtitle 3, Annotated Code of Maryland (Maryland Radiation Act), and meets the standards established by COMAR 26.12.01 and 26.12.02, or other applicable standards established by the state in which the service is provided.]

.04 Conditions of Participation.

A. Providers shall be enrolled as Medical Assistance Program providers and shall meet the requirements for participation in the Maryland Medical Assistance Program as set forth in COMAR 10.09.36.03, as well as the requirements for participation as set forth in the COMAR chapter defining the provider and covered service being rendered.

B. [If required by the state in which services are provided, certified nurse practitioners shall have a written agreement with a licensed physician.] Services covered in Regulation .05A—C of this chapter shall be provided by:

(1) A physician;

(2) An advance practice nurse; or

(3) A physician assistant.

[C. Services are rendered in accordance with recognized standards established for family planning by the American College of Obstetricians and Gynecologists.]

[D.] C. (text unchanged)

.05 Covered Services.

The following services are covered under this chapter:

A. Office medical visits [and hospital outpatient department visits] for the primary purpose of providing age and sex appropriate family planning [purposes] services, which include:

(1) [Complete initial and annual physical examination including auscultation of heart and lungs;] Focused history, physical exam, and laboratory testing necessary to evaluate and manage the participant’s choice of chemical, mechanical, or other method to prevent conception;

[(2) Pelvic examination, including bimanual and speculum, and Pap smears annually, unless clinical indication for more frequent examination exists;

(3) Breast examination;

(4) Rectal examination, if indicated;]

[(5)] (2)[(7)] (4) (text unchanged)

B.—C. (text unchanged)

D. The following laboratory tests:

(1)—(3) (text unchanged)

[(4) Serologic tests for syphilis;

(5) Gonorrhea and chlamydia screening and culture;

(6) Tests for human immunodeficiency viruses;

(7) Herpes culture;]

(4) Appropriate laboratory tests to screen for sexually transmitted infections;

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

[(9)] (6) Rubella titer of females without documentation of prior rubella immunization; and

[(10)] (7) (text unchanged)

[(11) Blood glucose; and

(12) Glucose tolerance tests;]

E. Pharmaceutical supplies and devices:

(1) (text unchanged)

(2) To treat sexually transmitted infections when diagnosed during the course of an office visit, as outlined in §A of this regulation, which are covered under COMAR 10.09.03.04 except treatment for[;]:

(a) Human immunodeficiency virus; and

(b) Hepatitis.

 F.—G.. (text unchanged)

.06 Limitations.

A. (text unchanged)

B. Limitations for [certified nurse practitioner] advanced practice nurse services covered under this chapter are those set forth in COMAR 10.09.01.05.

C.—F. (text unchanged)

G. Limitations for acute hospital services covered under this chapter are those set forth in COMAR [10.09.06] 10.09.92.05.

H. Limitations for physician assistant services covered under this chapter are those set forth in COMAR 10.09.55.05.

I. Limitations for ambulatory surgery centers covered under this chapter are those set forth in COMAR 10.09.42.05.

.07 Payment Procedures.

A.—B. (text unchanged)

C. Payment procedures for [certified nurse practitioners] advanced practice nurses are those set forth in COMAR 10.09.01.06.

D.—E. (text unchanged)

F. [For dates of service on or after January 1, 2012, payment] Payment procedures for clinic services delivered in local health departments, family planning clinics, and other free-standing clinics are those set forth in COMAR 10.09.02.07.

G.—H. (text unchanged)

I. Payment procedures for acute hospital services are those set forth in COMAR [10.09.06.09] 10.09.92.07.

J. Payment procedures for physician assistant services are those set forth in COMAR 10.09.55.06.

K. Payment procedures for ambulatory surgery centers are those set forth in COMAR 10.09.42.06.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.48 Targeted Case Management for People with Developmental Disabilities

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

Notice of Proposed Action

[18-239-P]

     The Secretary of Health proposes to amend Regulation .08 under COMAR 10.09.48 Targeted Case Management for People with Developmental Disabilities.

Statement of Purpose

The purpose of this action is to implement a 3.5 percent cost of living allowance for targeted case management providers in accordance with Health General Article, §7-307(d), Annotated Code of Maryland.

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 includes a 3.5% COLA for targeted case management providers. The total impact of this increase for the agency and the regulated industry equals $1,869,948.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$1,869,948

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$1,869,948

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The impact on MDH assumes a 3.5 percent increase over the current published rate of $18.61 per unit, or $0.6514. The increase brings the published rate to $19.26 for FY 2019. The total impact calculation is based on the total of 2,870,880 units of service provided by targeted case management providers in FY 2018. 55 percent of the total cost ($1,014,447) is paid with General Funds; the remaining 45 percent ($855,501) is paid with federal funds.

D. As a result of increasing the per unit rate for Targeted Case Management Services, providers will receive increased payments, totaling $1,869,948 in FY 2019.

Economic Impact on Small Businesses

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

The proposed action has a meaningful economic impact on small businesses because the higher reimbursement rates infuse dollars into targeted case management entities that provide these services in the community.

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 October 15, 2018. A public hearing has not been scheduled.

.08 Payment Procedures.

A. (text unchanged)

B. Payment Rates.

(1)—(2) (text unchanged)

(3) For all other services, providers shall be reimbursed:

(a)—(e) (text unchanged)

(f) $17.99 per unit of service from July 1, 2016 through June 30, 2017; [and]

(g) $18.61 per unit of service [thereafter] from July 1, 2017 through June 30, 2018; and

(h) $19.26 per unit of service thereafter.

C.—E. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.52 Service Coordination for Children with Disabilities

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

Notice of Proposed Action

[18-235-P]

     The Secretary of Health proposes to amend Regulation .04-2 under COMAR 10.09.52 Service Coordination for Children with Disabilities.

Statement of Purpose

The purpose of this action is to correct a typographical error in the definition of a “unit of service” with respect to a completed autism waiver plan of care review.

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 October 15, 2018. A public hearing has not been scheduled.

.04-2 Covered Services — Autism Waiver Service Coordination — Specific Requirements.

A.—B. (text unchanged)

C. Waiver Reassessment.

(1) Definition. For the purposes of this section, "unit of service" means:

(a) A completed waiver plan of care review, with revisions as necessary, which is approved by MSDE and signed by the service coordinator, the waiver participant or the parent or parents of a minor child, and all other members of the waiver multidisciplinary team; [and] or

(b) (text unchanged)

(2) (text unchanged)

ROBERT R. NEALL
Secretary of Health

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.59 Specialty Mental Health Services

Authority: Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, and 15-105.2 Annotated Code of Maryland

Notice of Proposed Action

[18-242-P]

     The Secretary of Health proposes to amend Regulations .04 and .07 under COMAR 10.09.59 Specialty Mental Health Services.

Statement of Purpose

The purpose of this action is to:

(1) Allow a psychiatrist in Assertive Community Treatment (ACT) and Mobile Treatment to provide services via telehealth, in accordance with 2018 SB 704 (Ch. 691);

(2) Add licensed clinical art therapists (LCPAT) to the list of licensed mental health professionals whose services Maryland Medicaid will reimburse;

(3) Remove occupational therapists from the specialty mental health chapter to eliminate duplication; and

(4) Remove references to BHA regulations under COMAR 10.21 which will be repealed later this year.

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 October 15, 2018. A public hearing has not been scheduled.

.04 Provider Requirements for Participation.

A. Individual Practitioner Providers. To participate in the Program as an individual practitioner of specialty mental health services, the provider shall:

(1) (text unchanged)

(2) Demonstrate, by training and experience, the competency to provide mental health services as one of the following:

(a)—(d) (text unchanged)

[(e) An occupational therapist]

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

[(g)] (f) A licensed certified counselor which includes:

(i) (text unchanged)

(ii) A licensed marriage and family therapist; [or]

(iii) A licensed counselor-alcohol and drug; or

(iv) A licensed clinical professional art therapist;

(h)—(i) (text unchanged)

B. Community Mental Health Program Providers. To participate in the Program as a community-based mental health program provider, the provider shall be approved under [COMAR 10.21.16 or] COMAR 10.63.01, 10.63.02, and 10.63.06[, whichever is applicable,] and possess licensure by the Behavioral Health Administration as:

(1) A psychiatric rehabilitation program serving adults in compliance with COMAR [10.21.21 or] 10.63.03.09 [, whichever is applicable];

(2) A psychiatric rehabilitation program serving minors in compliance with COMAR [10.21.29 or] 10.63.03.10[, whichever is applicable];

(3) A mobile treatment program [in compliance with] shall:

(a) Comply with COMAR [10.21.19 or] 10.63.03.04, [whichever is applicable];

(b) [The requirement for] Consist of a multidisciplinary team [consisting of] including, at a minimum:

(i)—(v) (text unchanged)

(c) [The requirement for] Maintain sufficient staffing to fulfill the following service requirements including:

(i)—(vii) (text unchanged)

(4) A health care service provided through telemedicine is equivalent to the same health care service provided through an in-person visit if the service provided through telemedicine is provided by a fully integrated psychiatrist attached to an ACT or mobile treatment program, with the following exceptions:

(a) An ACT or mobile treatment program shall attempt to engage an individual via an in-person visit with a psychiatrist prior to disenrolling an individual due to disengagement;

(b) A psychiatrist shall engage with an individual via an in-person visit when an individual is transitioning from inpatient treatment; and

(c) A psychiatrist shall engage with an individual via an in-person visit when prescribing medications.

[(4)] (5) An outpatient mental health clinic in compliance with:

(a) COMAR [10.21.20 or] 10.63.03.05[, whichever is applicable]; and

(b) (text unchanged)

C. (text unchanged)

D. Other Licensed or Approved Mental Health Providers. To participate in the Program as a specialty mental health provider not defined in §§A—C of this regulation, a provider shall be approved pursuant to COMAR as a:

(1) Targeted case management provider in compliance with:

(a) If serving children, COMAR 10.09.90; and

(b) If serving adults, COMAR 10.09.45;

(2) Residential treatment center in compliance with[:

(a)] COMAR 10.07.04 and 10.09.29; [and

(b) COMAR 10.21.06;]

(3) (text unchanged)

(4) Non-hospital-based mental health psychiatric day treatment provider in compliance with:

(a) COMAR [10.21.02 or] 10.63.03.08[, whichever is applicable];

(b)—(d) (text unchanged)

(5)—(8) (text unchanged)

.07 Limitations.

The Program does not cover the following:

A.—U. (text unchanged)

V. Except as provided in Regulation .04B(4) of this chapter, Mobile Treatment or ACT Services without a minimum of four [face to face] in-person services provided per month;

W.—X. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.95 Special Psychiatric Hospitals

Authority: Health-General Article, §§2-104(b), 15-102.8, 15-103, and 15-105, Annotated Code of Maryland

Notice of Proposed Action

[18-233-P]

     The Secretary of Health proposes to amend Regulation .07 under COMAR 10.09.95 Special Psychiatric Hospitals.

Statement of Purpose

The purpose of this action is to align the payment methodology for out-of-State psychiatric hospitals with the payment methodology for other out-of-State hospitals by reimbursing them the lesser of its charges or the amount reimbursable by the host state’s Title XIX agency.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The economic impact of the proposed amendment is indeterminable, but is likely to result in some cost savings.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E-)

Indeterminable

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

(-)

Indeterminable

F. Direct and indirect effects on public:

NONE

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

A. Under the current regulations, out-of-State facilities are cost settled in accordance with Medicare principles. The economic impact of the proposed amendment is indeterminable because the host state rates are not known, and these services are infrequently utilized. However, it is unlikely that a host state's Medicaid rate in its State Plan would exceed costs under Medicare principles, therefore the amendment is likely to result in some amount of savings to the State.

E. Under the current regulations, out-of-State facilities are cost settled in accordance with Medicare principles. The economic impact of the proposed amendment is indeterminable because the host state rates are not known, and these services are infrequently utilized. However, it is unlikely that a host state's Medicaid rate in its State Plan would exceed costs under Medicare principles, therefore the amendment is likely to result in some amount of decreased revenue to the host state.

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 October 15, 2018. A public hearing has not been scheduled.

.07 Payment Procedures.

A. Reimbursement Principles.

(1)—(7) (text unchanged)

(8) Inpatient and outpatient services in [out-of-State or] District of Columbia special psychiatric and outpatient services in in-State special psychiatric hospitals are cost-settled on an annual basis according to §B of this regulation.

(9) Effective October 1, 2018, an out-of-State special psychiatric hospital shall be reimbursed the lesser of its charges or the amount reimbursable by the host state’s Title XIX agency.

(10) An out-of-State provider shall submit proof of host state rates on an annual basis.

B.—M. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.09 Delegation and Assignment of Performance of Cosmetic Medical Procedures and Use of Cosmetic Medical Devices

Authority: Health Occupations Article, §§14-205, 14-306, 14-404, 14-606 and 15-302, Annotated Code of Maryland

Notice of Proposed Action

[18-238-P]

The Secretary of Health proposes to amend Regulation .02 under COMAR 10.32.09 Delegation and Assignment of Performance of Cosmetic Medical Procedures and Use of Cosmetic Medical Devices. This action was considered by the Board of Physicians at a public meeting on May 23, 2018 notice of which was provided by posting on the Board’s website, https://www.mbp.state.md.us/forms/May18Bagenda.pdf, from May 8, 2018 to May 23, 2018, pursuant to the General Provisions Article, §3-302(c) Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify the type of skin peels that are covered by “cosmetic medical procedure” under the definitions section of this chapter.

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 October 15, 2018. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(4) (text unchanged)

(5) Cosmetic Medical Procedure.

(a) (text unchagned)

(b) "Cosmetic medical procedure" includes the following:

(i)—(iii) (text unchanged)

(iv) [Deep skin peels] Chemical peels that ablate living skin tissue;

(v)—(ix) (text unchanged)

(6)—(13) (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 34 BOARD OF PHARMACY

10.34.32 Pharmacist Administration of Vaccinations

Authority: Health-Occupations Article, §§12-205 and 12-508, Annotated Code of Maryland

Notice of Proposed Action

[18-234-P]

The Secretary of Health proposes to amend Regulation .03 under COMAR 10.34.32 Requirements to Administer Vaccinations. This action was considered by the Board of Pharmacy at an open meeting held on September 20, 2017, notice of which was given by publication on the Board of Pharmacy website, http://health.maryland.gov/pharmacy/Pages/index.aspx, from August 16, 2017 — September 19, 2017.

Statement of Purpose

The purpose of this action is to require pharmacist authorized to provide vaccinations to have readily available proof of active certification in basic cardiopulmonary resuscitation.

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 October 15, 2018. A public hearing has not been scheduled.

.03 Requirements to Administer Vaccinations.

A.—C. (text unchanged)

D. A pharmacist shall:

(1) Have proof of active certification in basic cardiopulmonary resuscitation readily available.

[(1)] (2)[(3)] (4) (text unchanged)

E. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS

Notice of Proposed Action

[18-231-P]

The Secretary of Health proposes to:

(1) Amend Regulation .03 under COMAR 10.58.01 General Regulations;

(2) Amend Regulation .03 under COMAR 10.58.11 Advanced Assessment Activities; and

(3) Adopt New Regulations .01—.09 under a new chapter, COMAR 10.58.17 Art Therapists.

This action was considered by the Board of Professional Counselors and Therapists at a public meeting on June 15, 2018, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bopc/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Implement regulations regarding the licensure of licensed clinical professional art therapists (LCPATs) and licensed graduate professional art therapists (LGPATs) pursuant to SB 969/HB 1207 (Chapters 628 and 629, respectively, Acts of 2012) and HB 742/SB 552 (Chapters 756 and 757, respectively, Acts of 2018);

(2) Define certain terms;

(3) Establish qualifications and an application procedure for LCPATs and LGPATs;

(4) Establish eligibility requirements for out-of-State applicants; and

(5) Establish standards of supervision and the responsibilities of supervisors and supervisees in the practice of clinical professional art therapy.

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 October 15, 2018. A public hearing has not been scheduled.

 

10.58.01 General Regulations

Authority: Health Occupations Article, §17-101, Annotated Code of Maryland

.03 General.

Unless certified or licensed by the Board, an individual may not:

A. Use the title [certified]:

(1) Certified professional counselor (CPC)[, certified];

(2) Certified professional counselor—marriage and family therapist (CPC—MFT)[, certified];

(3) Certified professional counselor — alcohol and drug (CPC—AD)[, certified];

(4) Certified associate counselor—alcohol and drug (CAC—AD)[, certified];

(5) Certified supervised counselor—alcohol and drug (CSC—AD)[, licensed];

(6) Licensed clinical alcohol and drug counselor (LCADC)[, licensed];

(7) Licensed clinical marriage and family therapist (LCMFT)[, or licensed];

(8) Licensed clinical professional art therapist (LCPAT);

(9) Licensed clinical professional counselor (LCPC);

(10) Licensed graduate alcohol and drug counselor (LGADC);

(11) Licensed graduate professional art therapist (LGPAT);

(12) Licensed graduate marriage and family therapist (LGMFT); or

(13) Licensed graduate professional counselor (LGPC);

B. Use the initials CPC, CPC—MFT, CPC—AD, CAC—AD, CSC—AD, LCADC, LCMFT, [or] LCPAT, LCPC, LGADC, LGPAT, LGMFT, or LGPC after the name of the individual; or

C. Represent to the public that the individual is [certified as] a:

(1) Certified professional counselor (CPC) [, certified];

(2) Certified professional counselor—marriage and family therapist (CPC—MFT) [, certified];

(3) Certified professional counselor — alcohol and drug (CPC—AD) [, certified];

(4) Certified associate counselor—alcohol and drug (CAC—AD) [, certified];

(5) Certified supervised counselor—alcohol and drug (CSC—AD) [, licensed];

(6) Licensed clinical alcohol and drug counselor (LCADC) [, licensed];

(7) Licensed clinical marriage and family therapist (LCMFT) [, or licensed];

(8) Licensed clinical professional art therapist (LCPAT);

(9) Licensed clinical professional counselor (LCPC);

(10) Licensed graduate alcohol and drug counselor (LGADC);

(11) Licensed graduate professional art therapist (LGPAT);

(12) Licensed graduate marriage and family therapist (LGMFT); or

(13) Licensed graduate professional counselor (LGPC).

 

10.58.11 Advanced Assessment Activities

Authority: Health Occupations Article, §17-310, Annotated Code of Maryland

.03 Qualifications.

A. License. To engage in advanced assessment activities under this chapter, a licensee shall hold an active license in this State as a:

(1) (text unchanged)

(2) Licensed clinical marriage and family therapist; [or]

(3) Licensed clinical alcohol and drug counselor; or

(4) Licensed clinical professional art therapist.

B.—E. (text unchanged)

 

10.58.17 Art Therapists

Authority: Health Occupations Article, §17–101, 17–205, 17–301, 17–304.1, 17–304.2, 17–307.1, 17–309, 17–501.1, 17–502—17–505, 17-507, and 17-509, Annotated Code of Maryland

.01 Scope.

A. This chapter:

(1) Establishes the requirements for an individual to practice professional art therapy;

(2) Establishes standards of supervision and the responsibilities of supervisors and supervisees in the practice of clinical professional art therapy;

(3) Applies to licensees who:

(a) Practice clinical professional art therapy; and

(b) Provide supervision for licensed graduate professional art therapists;

(4) Applies to licensed graduate professional art therapists who are in the process of obtaining the supervised clinical experience required by Health Occupations Article, §17-304.1, Annotated Code of Maryland; and

(5) Does not apply to personnel or management practices associated with contractual relationships or employment.

B. On or after the effective date of this chapter, an approved art therapy supervisor shall follow the requirements set forth in Regulations .06—.08 of this chapter.

.02 Definitions.

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

B. Terms Defined.

(1) “Accredited educational institution” means a college or university that is:

(a) Accredited through a recognized body endorsed by the U.S. Department of Education; and

(b) Approved by the Board.

(2) “Applicant” means an individual applying for licensure as a clinical or graduate professional art therapist.

(3) “Approved art therapy supervisor” means:

(a) An Art Therapy Credentials Board Certified Supervisor;

(b) An Art Therapy Credentials Board Registered Art Therapist or Board Certified Art Therapist;

(c) A licensed clinical professional art therapist; or

(d) Another mental health care provider approved by the Board and licensed under the Health Occupations Article, Title 17, Annotated Code of Maryland.

(4) “Equivalent” means a degree in a program of studies determined by the Board to have:

(a) Substantial art therapy emphasis in the subject matter; and

(b) The extent of training required for the specified level of licensure.

(5) Face-to-Face.

(a) “Face-to-face” means in the physical presence of the individuals involved in the supervisory relationship during either individual or group supervision or using video conferencing which allows individuals to hear and see each other in actual points of time.

(b) “Face-to-face” does not include:

(i) Telephone supervision; or

(ii) Internet communication that does not involve actual or real time video conferencing, such as instant messaging services, emails, texting, and social networking sites.

(6) “Group supervision” means the provision of face-to-face supervision to more than one individual at a time.

(7) "Licensed graduate professional art therapist" means an individual approved by the Board to practice graduate professional art therapy under the supervision of an approved supervisor while fulfilling the supervised clinical experience for licensure under:

(a) Health Occupations Article, §§17-304.1 and 17-309, Annotated Code of Maryland; and

(b) Regulation .04 of this chapter.

(8) “Licensed mental health care provider” means:

(a) A licensed clinical professional art therapist;

(b) Another mental health care provider approved by the Board and licensed under Health Occupations Article, Title 17, Annotated Code of Maryland; or

(c) A licensed mental health care provider from a state, territory, or jurisdiction that authorizes the application of equivalent art therapy principles and methods as set forth in Health Occupations Article, §17-308, Annotated Code of Maryland.

(9) “Practice” means to engage professionally and for compensation in art therapy and appraisal activities by providing services for individuals, couples, families and groups involving:

(a) The application of therapy principles; and

(b) Methods in the diagnosis, prevention, treatment, and amelioration of psychological problems, emotional conditions, or mental conditions.

(10) “Relative” means:

(a) Spouse, or domestic partner;

(b) Parent, stepparent or legal guardian;

(c) Sibling or stepsibling;

(d) Child, stepchild, foster child, or ward;

(e) Mother-in-law or father-in-law;

(f) Son-in-law or daughter-in-law;

(g) Grandparent or grandchild;

(h) Aunt or uncle; or

(i) Cousin.

(11) "Supervised clinical experience in professional art therapy" means therapy services conducted under the supervision of an approved art therapy supervisor that includes:

(a) Monitoring the performance of a supervisee; and

(b) Providing, with respect to clinical skill and competencies:

(i) Documented and direct consultation;

(ii) Guidance; and

(iii) Instruction.

(12) “Supervision training” means a course or program designed to provide information regarding the supervision process utilized by:

(a) Licensed clinical professional art therapists; or

(b) Licensed mental health providers.

.03 Licensed Clinical Professional Art Therapist.

A. To qualify for licensure as a clinical professional art therapist, an applicant shall have:

(1) Completed one of the following from an accredited educational institution:

(a) A master’s degree in an art therapy program approved by the Board with:

(i) A minimum of 60 graduate semester credit hours; or

(ii) 90 graduate quarter credit hours;

(b) A doctoral degree in an art therapy program approved by the Board with:

(i) A minimum of 90 graduate semester credit hours; or

(ii) 135 graduate quarter credit hours; or

(c) A graduate level degree which:

(i) Includes the coursework listed in §A(2) of this regulation; and

(ii) Is approved by the Board;

(2) Completed a minimum of 3 graduate semester credit hours in each of the following course content areas:

(a) Human growth and personality development;

(b) Social and cultural foundations of counseling;

(c) Theories of art therapy;

(d) Art therapy techniques:

(e) Group dynamics, processing, and counseling;

(f) Lifestyle and career development;

(g) Appraisal;

(h) Research and evaluation;

(i) Professional, legal, and ethical responsibilities;

(j) Marriage and family therapy;

(k) Supervised field experience that includes:

(i) A supervised clinical internship, externship, field experience, or practicum placement; and

(ii) Direct client contact in art therapy with a minimum of 125 hours of face-to-face client therapy;

(l) Alcohol and drug counseling;

(m) Psychopathology; and

(n) Diagnosis and treatment of mental and emotional disorders;

(3) For a master’s level applicant, completed supervised clinical experience in professional art therapy obtained under the supervision of an approved art therapy supervisor of not less than 3 years with a minimum of 3,000 hours, of which:

(a) 1,500 hours shall be face-to-face client contact hours, including 100 face-to-face clinical supervision hours obtained after the awarding of a master’s degree, of which:

(i) At least 50 hours shall be face-to-face individual clinical supervision; and

(ii) 50 hours may be face-to-face group clinical supervision;

(b) A maximum of 1 year and 1,000 hours of clinical experience may be acquired before the awarding of the master's degree; and

(c) Not less than 2 years and 2,000 hours shall be acquired after the master's degree has been awarded;

(4) For a doctoral level applicant, completed supervised clinical experience in professional art therapy obtained under the supervision of an approved art therapy supervisor of not less than 2 years with a minimum of 2,000 hours, of which:

(a) 1,000 hours shall be face-to-face client contact hours, including 50 face-to-face clinical supervision hours obtained after the awarding of a doctoral degree, of which:

(i) At least 25 hours shall be face-to-face individual clinical supervision; and

(ii) 25 hours may be face-to-face group clinical supervision;

(b) A maximum of 1 year and 1,000 hours of clinical experience may be acquired before the awarding of the doctoral degree; and

(c) Not less than 1 year and 1,000 hours shall be acquired after the doctoral degree has been awarded;

(5) Achieved a passing score on:

(a) A national certification exam approved by the Board; and

(b) An examination of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) COMAR 10.58;

(6) Submitted a completed Board-approved application;

(7) Provided an official transcript from the educational institution which awarded the master’s or doctoral degree;

(8) Paid all applicable fees set forth in COMAR 10.58.02;

(9) Submitted to a criminal background check;

(10) Good moral character; and

(11) Complied with:

(a) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(b) The code of ethics as set forth in COMAR 10.58.03.

B. An applicant who fails an examination for licensure may retake the exam.

C. The Board shall act upon applications within a 6-month period as follows:

(1) Within 90 days after receipt of an application, the Board shall determine whether the application is complete;

(2) If the Board determines that the application is not complete, the Board or the Board’s designee shall send a notice of deficiency to the applicant;

(3) Upon receipt of a notice, the applicant shall correct the deficiency within 90 days, or another period specified in the notice; and

(4) If the applicant fails to correct the deficiency within the required period, the application shall lapse and the applicant shall be required to:

(a) Submit a new application; and

(b) Pay the required non-refundable fee set forth in COMAR 10.58.02.

D. Renewal.

(1) To renew a clinical professional art therapist license, the applicant shall:

(a) Submit a completed Board-approved application;

(b) Pay the required application fee set forth in COMAR 10.58.02; and

(c) Attest to completion of continuing education activities as specified in COMAR 10.58.05.05 and .06.

(2) A licensed clinical professional art therapist shall comply with the renewal requirements as provided in Health Occupations Article, §17–504, Annotated Code of Maryland.

(3) An individual who fails to renew licensure is not authorized to and may not practice clinical professional art therapy.

E. Reinstatement.

(1) Within 5 calendar years after the certificate renewal date, the Board may reinstate the license of a licensed clinical professional art therapist otherwise entitled to reinstatement under Health Occupations Article, §17-505(b), Annotated Code of Maryland, whose license was not renewed for any reason, if the licensee:

(a) Completes within that 5-year period the minimum of 20 CEUs required for each year; and

(b) Pays the reinstatement fee set by the Board in COMAR 10.58.02.

(2) CEUs which are acquired in order to reinstate under COMAR 10.58.05.05 and.06 may be credited only once and may not be credited for any future renewals.

(3) For any licensed clinical professional art therapist whose license has expired more than 5 calendar years before the request for reinstatement, a new application for licensure shall be completed and the current licensure requirements shall be met.

(4) An individual who fails to reinstate licensure is not authorized to and may not practice clinical professional art therapy.

F. Inactive Status.

(1) In accordance with Health Occupations Article, §17-505, Annotated Code of Maryland, a request to transfer a license to inactive status shall be granted upon receipt of the:

(a) Completed Board-approved application; and

(b) Payment of the required, non-refundable, annual fee set forth in COMAR 10.58.02.

(2) An individual may apply for inactive status only if the individual’s license is still active at the time application for inactive status is made.

(3) An individual on inactive status is not authorized to and may not practice clinical professional art therapy.

(4) An individual on inactive status seeking to be reinstated to active status shall be required, as a condition of reinstatement, to submit proof of having completed 20 CEU’s for each year of inactive status, at least 40 of which shall have been obtained within the 2-year period immediately preceding the application for reinstatement.

.04 Licensed Graduate Professional Art Therapist.

A. To qualify for licensure as a graduate professional art therapist, an applicant shall have:

(1) Completed one of the following from an accredited educational institution approved by the Board:

(a) A master’s degree in an art therapy program approved by the Board with:

(i) A minimum of 60 graduate semester credit hours; or

(ii) 90 graduate quarter credit hours;

(b) A doctoral degree in an art therapy program approved by the Board with:

(i) A minimum of 90 graduate semester credit hours; or

(ii) 135 graduate quarter credit hours; or

(c) A graduate level degree which:

(i) Includes the coursework listed in §A(2) of this regulation; and

(ii) Is approved by the Board;

(2) Completed the graduate coursework required as set forth in Regulation .03A(2) of this chapter;

(3) Achieved a passing score on:

(a) A national certification exam approved by the Board; and

(b) An examination of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) COMAR 10.58;

(4) Submitted a completed Board-approved application;

(5) Provided an official transcript from the educational institution which awarded the master’s or doctoral degree;

(6) Paid all applicable fees set forth in COMAR 10.58.02;

(7) Submitted to a criminal background check;

(8) Good moral character; and

(9) Complied with:

(a) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(b) The code of ethics as set forth in COMAR 10.58.03.

B. An applicant who fails an examination for licensure may retake the exam.

C. Composition of Supervised Clinical Experience.

(1) A licensed graduate professional art therapist shall complete at least half of the requisite supervised clinical experience in professional art therapy hours under the supervision of a licensed clinical professional art therapist who has been approved by the Board to provide art therapy supervision.

(2) A licensed graduate professional art therapist may complete the remainder of the supervised clinical experience in professional art therapy hours under the supervision of an approved art therapy supervisor as defined in Regulation .02 of this chapter.

D. The Board shall act upon applications within a 6-month period as follows:

(1) Within 90 days after receipt of an application, the Board shall determine whether the application is complete;

(2) If the Board determines that the application is not complete, the Board or the Board’s designee shall send a notice of deficiency to the applicant;

(3) Upon receipt of a notice, the applicant shall correct the deficiency within 90 days, or other period specified in the notice; and

(4) If the applicant fails to correct the deficiency within the required period, the application shall lapse and the applicant shall be required to:

(a) Submit a new application; and

(b) Pay the required non-refundable fee set forth in COMAR 10.58.02.

E. Expiration, Renewal, and Extension.

(1) The graduate professional art therapist license expires 2 years after the date issued.

(2) If a licensed graduate professional art therapist is unable to accumulate the required clinical hours of supervision for licensure within 2 years, the licensee may apply for a 2-year extension before the license expires, up to a maximum of 6 years.

(3) A licensed graduate professional art therapist who has applied for and received an extension as set forth in §D(2) of this regulation, shall comply with the renewal requirements as provided in Health Occupations Article, §17–504, Annotated Code of Maryland.

(4) If a licensed graduate professional art therapist notifies the Board in writing, the Board may consider a license extension beyond the 6-year maximum set forth in §D(2) of this regulation.

.05 Licensure Eligibility: Out-of-State Applicants.

An applicant licensed as an art therapist or its equivalent, as established by the Board, in another state, territory, or jurisdiction is eligible for licensure if the applicant:

A. Provides:

(1) A completed Board-approved application;

(2) Verification that the applicant has:

(a) A copy of a current license from each state, territory, or jurisdiction in which the applicant has been licensed, registered, or otherwise authorized to practice art therapy;

(b) Documentation, satisfactory to the Board, that the applicant is currently licensed in good standing to practice art therapy in another state, territory, or jurisdiction;

(c) No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a license to practice art therapy; and

(d) Not committed any act or omission that would be grounds for discipline or denial of licensure under Health Occupations Article, §17-509, Annotated Code of Maryland;

(3) An official transcript from the educational institution which awarded the master’s or doctoral degree;

(4) Verification from employers, supervisors, or colleagues after the awarding of the graduate degree, that the applicant has practiced clinical professional art therapy for:

(a) Not less than 2 years; and

(b) A minimum of 2,000 hours; and

(5) For an applicant with a master’s degree consisting of less than 60 graduate semester credit hours:

(a) Documentation, satisfactory to the Board, of not less than 2 years and minimum of 2,000 hours after the awarding of the graduate degree; and

(b) Documentation showing completion of a minimum of 3 graduate semester credit hours covering each of the following primary topics or content areas:

(i) Diagnosis and treatment of mental and emotional disorders;

(ii) Appraisal;

(iii) Professional, legal, and ethical responsibilities; and

(iv) Current certification from a national accrediting body approved by the Board;

B. Pays all applicable fees set forth in COMAR 10.58.02;

C. Achieves a passing score on:

(a) A national certification exam approved by the Board; and

(b) An examination of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) COMAR 10.58;

D. Submits to a criminal background check;

E. Is of good moral character; and

F. Complies with:

(1) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(2) The code of ethics as set forth in COMAR 10.58.03.

.06 Standards for Supervision.

A. A supervisor shall:

(1) Supervise only in those areas within the supervisor’s competence as determined by education, training, and experience;

(2) Provide supervision appropriate to the particular level of licensure being applied for or maintained;

(3) Provide supervision in the general content areas established in Health Occupations Article, §17-304.1, Annotated Code of Maryland; and

(4) Ensure that a supervisee has read and is knowledgeable about:

(a) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(b) COMAR 10.58, with special emphasis on the Code of Ethics, COMAR 10.58.03.

B. In addition to the requirements of §A of this regulation, the supervisor shall specifically instruct and provide guidance:

(1) Relating to the supervisee’s scope of practice of clinical professional art therapy under Health Occupations Article, §17-101, Annotated Code of Maryland;

(2) To supervisees in appropriate billing practices if applicable to the practice site including:

(a) Providing services involving the application of therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems, emotional conditions, or mental conditions of individuals, families, couples or groups, as stated in Health Occupations Article, §17-308, Annotated Code of Maryland;

(b) Record keeping;

(c) Disclosure of fees and financial arrangements; and

(d) Appropriate maintenance and destruction of clinical and financial records.

C. The following individuals may not provide clinical supervision for a licensed graduate professional art therapy supervisee:

(1) A relative;

(2) A licensed graduate professional art therapist;

(3) A licensed graduate alcohol and drug counselor;

(4) A licensed graduate professional counselor;

(5) A licensed graduate marriage and family therapist;

(6) A certified alcohol and drug counselor;

(7) An individual with whom there could be a conflict of interest, including, but not limited to:

(a) An employee supervising their own employer; or

(b) A student supervising their own teacher; or

(8) Any other graduate level health care provider licensed under Health Occupations Article, Title 17, Annotated Code of Maryland.

.07 Supervisor Qualifications.

A. Licensure. An individual providing supervision shall be approved by the Board and licensed by the Board as a

(1) Clinical professional art therapist;

(2) Clinical professional counselor;

(3) Clinical alcohol and drug counselor;

(4) Clinical marriage and family therapist; or

(5) Mental health care provider as defined in Regulation .02B of this chapter.

B. Supervision Experience, Education and Training.

(1) A supervisor or any mental health care provider, licensed by the Board under Health Occupations Article, Title 17, Annotated Code of Maryland, who is approved by the Board and has completed 3 years of documented experience in clinical counseling or psychotherapy, shall complete by December 31, 2019:

(a) 2 years of documented experience providing art therapy supervision;

(b) At least 3 graduate semester credit hours or 5 quarter credit hours of academic coursework in art therapy supervision;

(c) At least 3 graduate semester credit hours or 5 quarter credit hours of academic coursework in counseling supervision; or

(d) A Board-approved continuing education program that includes a minimum of 18 continuing education units (CEUs) with a trainer or trainers in:

(i) Counseling;

(ii) Art therapy; or

(iii) Psychotherapy supervision.

(2) A licensed individual who applied for and was granted Board-approved supervisor status before December 31, 2019 based on 2 years of documented experience providing art therapy supervision, may continue to provide art therapy supervision after that date.

(3) After December 31, 2019, an applicant for Board-approved supervisor status shall have:

(a) 3 years documented experience in professional art therapy as approved by the Board; and

(b) Completed the requirements of §A or B of this regulation.

(4) Supervision training required by this section may be obtained in a graduate course that may include, but is not limited to:

(a) The role and responsibilities of the supervisor;

(b) The needs of the supervisee, supervisor, and the agency setting while maintaining a clear ethical perspective, including:

(i) The maintenance of appropriate boundaries; and

(ii) Making clinically appropriate diagnoses;

(c) The role of the supervisor as gatekeeper to the profession;

(d) Methods for building effective and appropriate relationships with clients;

(e) Models for group supervision; and

(f) Models and modalities for practice intervention.

C. Pre-Supervision Responsibilities of a Supervisor. In addition to meeting the requirements of this regulation, the supervisor shall:

(1) File the completed Board-approved licensed professional art therapy supervisor application form;

(2) Provide the supervisee with a copy of the Board’s licensed clinical professional art therapy supervisor letter; and

(3) Have an active license that is without restrictions or conditions due to disciplinary action for the 2 years preceding an application for licensed clinical professional art therapy-approved supervisor status.

.08 Supervisor Responsibilities.

A supervisor shall:

A. Agree to and sign a Board-approved contract before initiating supervision;

B. Ensure that the supervisee is practicing within the scope of the supervisee’s license;

C. Determine the skill level at which the supervisee may practice;

D. Focus on primary data from the supervisee’s practice;

E. Maintain documentation of supervisory sessions for at least 7 years, including:

(1) Dates;

(2) Duration; and

(3) Focus of the supervisory sessions;

F. Ensure that a supervisee has read and is knowledgeable about:

(1) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(2) COMAR 10.58 with special emphasis on the Code of Ethics, COMAR 10.58.03;

G. Within a reasonable period of time before the conclusion of supervision, provide the supervisee and employer with a notice of termination to avoid or minimize any harmful effect on the supervisee’s clients or patients;

H. Be responsible for the clinical professional practices of supervisees;

I. Provide:

(1) For emergency supervision and direction to a supervisee by a Board-approved supervisor;

(2) A written evaluation of progress to the supervisee on a regular basis or as needed; and

(3) A copy of the documentation required by §E of this regulation on request by the:

(a) Supervisee; or

(b) Board or its authorized agent; and

J. Comply with a Board audit of a supervisor’s compliance with regard to the supervisory requirements and responsibilities.

.09 Supervisee Responsibilities.

A. A supervisee shall:

(1) Verify that the supervisor has been approved by the Board;

(2) Agree to and sign a Board-approved contract before initiating supervision;

(3) Attend and participate in supervision as agreed to in the supervision contract;

(4) Prepare for supervision using case materials related to the supervisee’s clinical professional art therapy practice; and

(5) Maintain documentation of supervisory sessions for at least 7 years, to be available for verification to the Board or its authorized agent, including:

(a) Dates;

(b) Duration; and

(c) Focus of the supervision.

B. A supervisee may not engage in the practice of clinical professional art therapy independent of supervision.

C. A supervisee shall give the client a copy of a professional disclosure statement as described in Health Occupations Article, §17-507, Annotated Code of Maryland, that:

(1) Clearly states the art therapy services are provided under clinical supervision; and

(2) Provides the name of the supervisor with address and contact information.

D. A supervisee shall obtain from the client a signed:

(1) Release of information; and

(2) Informed consent for treatment which indicates that the client:

(a) Is aware that art therapy services are being provided under clinical supervision;

(b) Consents to the recording of art therapy sessions with the knowledge that the recording may only be shared with the supervisor; and

(c) Consents to the sharing of client information between the licensed graduate professional art therapist and the named clinical supervisor.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS

10.58.07 Alcohol and Drug Counselors — Requirements for Certification and Licensure

Authority: Health Occupations Article, §§17-101, 17-102, 17-205, 17-301, 17-302, 17-305, 17-308, 17-309(a)—(c), (g), 17-401(b), 17-403—17-407, and 17-501—17-509, Annotated Code of Maryland

Notice of Proposed Action

[18-236-P]

The Secretary of Health proposes to amend Regulations .02—.04 and .06—.08, repeal in existing Regulations .09—.11 and .13—.16, amend and recodify existing Regulations .17—.20 to be Regulations .09—.12, and recodify existing Regulation .12 to be Regulation .13 under COMAR 10.58.07 Alcohol and Drug Counselors — Requirements for Certification and Licensure. This action was considered by the Board of Professional Counselors and Therapists at a public meeting on June 15, 2018, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bopc/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Implement amended regulations regarding the licensure and certification of alcohol and drug counselors pursuant to HB 742/SB 552 (Chapters 756 and 757, respectively, Acts of 2018);

(2) Amend educational requirements to allow the substitution of certain work experience for the required internship;

(3) Consolidate regulations to include scope of practice within each credential; and

(4) Clarify educational requirements for each credential.

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 October 15, 2018. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “[Accredited] A regionally accredited educational institution [approved by the Board]” means a college or university that is accredited through [one of the following] a regional accrediting [bodies] body recognized by the U.S. Department of Education and approved by the Board[:].

[(a) The Middle States Association of Colleges and Schools — the Commission on Higher Education;

(b) The New England Association of Schools and Colleges;

(c) The North Central Association of Schools and Colleges;

(d) The Northwest Association of Schools and of Colleges and Universities;

(e) The Southern Association of Colleges and Schools; and

(f) The Western Association of Colleges and Schools.]

(2) (text unchanged)

(3) “Approved alcohol and drug counselor supervisor” means:

(a) A licensed clinical alcohol and drug counselor approved by the Board;

(b) A health-care provider [licensed]:

(i) Licensed under the Health Occupations Article, Annotated Code of Maryland[, with];

(ii) With 3 years of documented experience in alcohol and drug counseling [as approved]; and

(iii) Approved by the Board;

(c) A certified professional counselor — alcohol and drug, approved by the Board; or

(d) A certified associate counselor — alcohol and drug with 3 years of documented experience in alcohol and drug counseling, [as] and approved by the Board.

[(4) "Approved licensed clinical alcohol and drug supervisor" means:

(a) A licensed clinical alcohol and drug counselor; or

(b) A health-care provider licensed under the Health Occupations Article, Annotated Code of Maryland, with 3 years of documented experience in alcohol and drug counseling, and approved by the Board.]

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

[(6)] (5) “Case management” means the provision of services which assist participants in gaining access to [the]:

(a) The full range of substance abuse services[, as well as to any];

(b) Any additional needed medical, social, financial assistance, counseling, educational, housing[,]; or [other]

(c) Other support services, as defined in COMAR 10.09.45.

[(7)] (6) “Clinical supervision" means that the supervisor:

(a)—(b) (text unchanged)

(c) Confirms that all diagnoses are clinically supported by appropriate criteria, as [defined]:

(i) Defined in the current editions of the Diagnostic and Statistical Manual of Mental Disorders (DSM) or the International Classification of Diseases and Related Health Problems (ICD)[,]; and [as documented]

(ii) Documented by signature and credentials.

[(8)] (7) “Close supervision” means that the supervisor:

(a)—(c) (text unchanged)

(d) [For] Reviews and approves content for all diagnostic impressions and new treatment plans, [reviews and approves content,] as documented by signature and credentials.

[(9)] (8) (text unchanged)

[(10)] (9) “Diagnosis” means the identification of psychological problems, emotional, or mental disorders by a licensed clinician, using specified terms and criteria identified in the current editions of the:

(a) Diagnostic and Statistical Manual of Mental Disorders (DSM); or [the]

(b) International Classification of Diseases and Related Health Problems (ICD).

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

[(12)] (11) Face-to-Face.

(a) “Face-to-face” means supervision provided by a supervisor in the physical presence of the individuals involved in the supervisory relationship during either [individual]:

(i) Individual or group supervision; or [using]

(ii) Using video conferencing that allows individuals to hear and see each other in actual points of time.

(b) “Face-to-face” does not include [telephone]:

(i) Telephone supervision; [or]

(ii) Internet communication such as email[,] and social networking websites[,]; or [instant]

(iii) Instant messaging that does not involve real-time video conferencing.

[(13)] (12) “Health and human services counseling field” means a specific degree program with a counseling emphasis, including but not limited to the following areas:

(a)—(c) (text unchanged)

(d) Other academic concentrations in the health and human services field, including, but not limited to:

(i) Human services[,];

(ii) Behavioral health or behavioral sciences[,];

(iii) Rehabilitation counseling[,];

(iv) Counselor education[,];

[(v) Education psychology,]

[(vi)] (v) Counseling psychology[,]; or

[(vii)] (vi) (text unchanged)

[(14)] (13) “Immediately available supervision” means supervision provided by a supervisor who is instantly available [in];

(a) In person[, by];

(b) By telephone[,]or [by] other electronic means[,]; or [by]

(c) By designation of one or more supervisors in the absence of the supervisor of record.

[(15) “Includes” or “including” means includes or including by way of illustration and not by way of limitation.]

[(16)] (14) "Licensed graduate alcohol and drug counselor" means an individual approved by the Board to practice graduate alcohol and drug counseling under the supervision of an approved alcohol and drug counselor supervisor while fulfilling the supervised clinical experience for licensure under:

(a) Health Occupations Article, §17-302(e), Annotated Code of Maryland[,]; and [Regulations]

(b) Regulation .03 [and .10] of this chapter.

[(17)] (15) “Moderate supervision” means that the supervisor:

(a)—(c) (text unchanged)

(d) [For] Reviews and approves content for all diagnostic impressions and new treatment plans, [reviews and approves content,] as documented by signature and credentials.

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

[(19)] (17) “On-site supervision” means supervision provided by a supervisor who is [physically]:

(a) Physically present in the facility where patient or client services are rendered[,]; and [who is able]

(b) Able to respond in person without delay.

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

[(21)] (19) "Practice clinical alcohol and drug counseling" means to engage professionally and for compensation in alcohol and drug counseling and appraisal activities by providing services for individuals, couples, families and groups involving [the]:

(a) The application of counseling principles; and [methods]

(b) Methods in the diagnosis, prevention, treatment, and amelioration of psychological problems, emotional conditions, or mental conditions [of individuals or groups].

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

[(23) “Scope of practice” means the rules, regulations, and boundaries within which a practitioner with appropriate training, knowledge, and experience may practice in the field of substance abuse counseling.]

[(24)] (21) (text unchanged)

[(25)] (22) “Substantially equivalent” means a degree in a program of studies [judged] approved by the Board to include, but not be limited to, the following for:

[(a) Have a counseling emphasis in terms of subject matter and extent of training required for a given level of licensure or certification;

(b) Include, but not be limited to the following, for licensure]

(a) Licensure purposes:

(i) (text unchanged)

(ii) A minimum of 51 credits in counseling, containing the required alcohol and drug coursework for the license, as specified in Regulation [.03A(2) and (3)] .03B(4) and (6) of this chapter;

[(c) Include, but not be limited to the following, for certification]

(b) Certification at the [Bachelor’s] bachelor’s level:

(i) A bachelor’s degree from [an] a regionally accredited educational institution [approved by the Board]; and

(ii) A minimum of 45 credits in counseling, including the required alcohol and drug coursework for the level of certification sought, as specified in Regulations [.06A(2), .07A(2), and .08C(2)] .06C(4) and .07D(4) of this chapter;

[(d) Include, but not be limited to the following, for certification]

(c) Certification at the [Associate’s] associate’s level:

(i) An associate’s degree from [an] a regionally accredited educational institution [approved by the Board]; and

(ii) A minimum of 30 credits in counseling, including the required alcohol and drug coursework for the level of certification sought, as specified in Regulations [.07A(2) and .08C(2)] .06C(4) and .07D(4) of this chapter.

[(26) "Supervised clinical experience in alcohol and drug counseling" means counseling services provided under the clinical supervision of an approved licensed clinical alcohol and drug supervisor.]

[(27)] (23) “Supervised experience in alcohol and drug counseling” means alcohol and drug counseling services provided under the close or moderate supervision of an approved licensed or certified alcohol and drug counselor supervisor.

[(28)] (24) Supervision.

(a) “Supervision” means a formalized professional relationship between a supervisor and supervisee that involves [directing]:

(i) Directing, guiding, monitoring, instructing, and evaluating the supervisee’s alcohol and drug counseling practice throughout an ongoing process of supervision; and [utilizes]

(ii) Utilizes close, moderate, or clinical levels of supervision.

(b) “Supervision” includes an acceptance of direct responsibility for the patient services rendered by the supervisee, including continuous availability to the supervisee [in]:

(i) In person[, through];

(ii) Through written instructions[, by];

(iii) By telephone[,] or [by] other electronic means[, and by]; or

(iv) By designation of one or more supervisors in the absence of the supervisor of record as defined in COMAR 10.58.13.

[(29)] (25) (text unchanged)

[(30)] (26) "Under the supervision of an approved alcohol and drug counselor supervisor" means [engaging]:

(a) Engaging in an ongoing process that includes direct, on-site, face-to-face individual or group meetings focused on quality of delivery of alcohol and drug counseling services; and [improvement];

(b) Improving [of] counseling skills for a minimum of:

(i) 1 documented hour for each 40-hour work week [but not]; or

(ii) Not less than 2 documented hours per month for less than a 40-hour work week.

[(31)] (27) "Workshop" means a meeting or meetings of general sessions and face-to-face groups with a leader[,] who:

(a) Is an expert in the defined content area[,]; and [who imparts]

(b) Imparts information to participants who have an ample opportunity to interact.

.03 [Licensure —] Licensed Clinical Alcohol and Drug Counselors.

A. Scope of Practice. The scope of practice of a licensed clinical alcohol and drug counselor includes the following activities:

(1) Clinical evaluation, including screening, assessment, and diagnosis for mental health disorders;

(2) Treatment planning for mental health disorders, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention;

(3) Referral;

(4) Service coordination and case management;

(5) Counseling, therapy, and trauma-informed care with individuals, couples, families, and groups;

(6) Client, family, and community education;

(7) Documentation;

(8) Professional and ethical responsibilities; and

(9) Supervisory responsibilities for all categories of licensed and certified alcohol and drug counselors or trainees.

[A.] B. Licensure. To qualify for licensure as a clinical alcohol and drug counselor, the applicant shall:

(1) [Complete an application on a form approved by the Board] Submit a completed Board-approved application and include documentation of post-graduate experience;

(2) Pay [the required non-refundable fee] all applicable fees set forth in COMAR 10.58.02;

(3) Complete one of the following from a regionally accredited educational institution:

[(3) Hold a doctoral or] (a) A master’s degree in a health and human services counseling field [from a regionally accredited educational institution] approved by the Board or in a program of studies determined by the Board to be substantially equivalent [in subject matter;] with:

(i) A minimum of 60 graduate semester credit hours; or

(ii) 90 quarter credit hours; or

(b) A doctoral degree in a health and human services counseling field approved by the Board or in a program of studies determined by the Board to be substantially equivalent with:

(i) A minimum of 90 graduate semester credit hours; or

(ii) 135 graduate quarter credit hours.

(4) Complete [a minimum of 60 semester credit hours or 90 quarter credit hours in alcohol and drug counselor training, including] a minimum of 39 semester credit hours or 65 quarter credit hours in alcohol and drug counselor training from a regionally accredited educational institution [approved by the Board] with at least one 3 semester credit hour or 5 quarter credit hour course in:

(a)—(i) (text unchanged)

(j) Topics in [alcohol and drug dependency, including various theories of addictive disorders, models of treatment, and other topics related to alcohol and drug dependency] substance-related and addictive disorders; and

(k) Family counseling [including family systems theory and dynamics, processes in addiction, and recovery models];

(5) Complete one of the following:

(a) An internship in alcohol and drug counseling that [total] totals 6 semester credit hours or 10 quarter credit hours; or

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed under and verified by a Board-approved alcohol and drug counselor supervisor;

(6) Complete a minimum of 3 graduate semester credit hours or 5 quarter hours in each of the following content areas:

(a) Personality development[, including:

(i) The various stages of human development over the life span;

(ii) Theories of personality and human development; and

(iii) The influence of human development and experiences on the development of psychopathology];

(b) Diagnosis and psychopathology[, including instruction in:

(i) Diagnosis based on standard criteria as defined in the current editions of the DSM or ICD;

(ii) Major categories of mental disorders;

(iii) An understanding of the impact of abnormal behavior on individuals, and on society as a whole; and

(iv) An examination of various theories relative to the etiology of abnormal behavior;]; and

(c) Psychotherapy and treatment of mental and emotional disorders [with instruction including, but not limited to:

(i) An overview and application of one or more treatment models to various mental health disorders;

(ii) Models of substance use disorders including recovery and relapse processes; and

(iii) Use of the current edition of the American Society of Addiction Medicine’s Patient Placement Criteria or criteria from a successor organization];

(7) Complete not less than 2 years with a minimum of 2,000 hours of supervised experience in alcohol and drug counseling obtained under the supervision of an approved licensed clinical alcohol and drug counselor supervisor acquired after the [award] awarding of [the] a master’s [degree] or doctoral degree [as determined by the Board], of which:

[(a)] 1,500 hours shall be face-to-face client contact hours[; and], including

[(b)] 100 hours [shall be] face-to-face clinical supervision hours, of which:

[(i)] (a) At least 50 hours shall be individual face-to-face clinical supervision; and

[(ii)] (b) A maximum of 50 hours may be face-to-face group clinical supervision;

(8) Achieve a passing score on [the Examination for Masters Addiction Counseling (EMAC) of the National Board for Certified Counselors (NBCC)]:

(a) A national alcohol and drug counselor examination approved by the Board; and

[(9) Achieve a passing score on an] (b) An examination of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland[,] ; and [this subtitle]

(ii) COMAR 10.58;

(9) Submit to a criminal background check;

(10)—(11) (text unchanged)

C. Licensed alcohol and drug counselors shall conspicuously display:

(1) Their license or certificate in accordance with Health Occupations Article, §17-506, Annotated Code of Maryland; and

(2) A professional disclosure statement, as described in Health Occupations Article, §17-507, Annotated Code of Maryland, that:

(a) Except for licensees, clearly states that the counseling services are provided under supervision; and

(b) Provides the name, title, and credentials of the supervisor of record, including the supervisor’s address and contact information.

[B.] D. The Board shall act upon applications within a 6 month period as follows:

(1) Within 90 days after receipt of an application, the Board [or its Executive Director] shall determine whether the application is complete;

(2) If the Board [or its Executive Director] determines that the application is not complete, the [Executive Director] Board or the [Executive Director’s] Board’s designee shall send a notice of deficiency to the applicant;

(3)—(4) (text unchanged)

[C.] E. Renewal.

(1) To renew clinical alcohol and drug counselor licensure, the applicant shall:

(a) Complete a Board-approved renewal application [on a form approved by the Board];

(b) Pay [the required application fee] all applicable fees set forth in COMAR 10.58.02; and

(c) (text unchanged)

(2) (text unchanged)

[D.] F. Reinstatement.

(1) Within 5 calendar years after the certificate renewal date, the Board may reinstate the license of a licensed clinical alcohol and drug counselor otherwise entitled to reinstatement under Health Occupations Article, §17-505(b), Annotated Code of Maryland, whose certificate was not renewed for any reason, if the certificate holder:

(a) (text unchanged)

(b) Pays [to the Board a] the reinstatement fee set by the Board in COMAR 10.58.02.

(2) CEUs which are acquired in order to reinstate under COMAR [10.59.05.05] 10.58.05.05 and.06 may be credited only once and may not be credited for any future renewals.

(3)—(4) (text unchanged)

[E.] G. Inactive Status.

(1) In accordance with Health Occupations Article, §17-505, Annotated Code of Maryland, a request to transfer a certificate or license to inactive status shall be granted upon receipt of [a written] the:

(a) Completed Board-approved application; and [payment]

(b) Payment of [the required, non-refundable, annual fee] all applicable fees set forth in COMAR 10.58.02.

(2)—(4) (text unchanged)

.04 [Licensure —] Licensed Graduate Alcohol and Drug Counselors.

A. Scope of Practice. The scope of practice for a licensed graduate alcohol and drug counselor includes the following activities to be performed under the clinical supervision of a Board-approved alcohol and drug counselor supervisor:

(1) Clinical evaluation, including screening, assessment, and diagnosis for mental health disorders;

(2) Treatment planning for mental health disorders, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention;

(3) Referral;

(4) Service coordination and case management;

(5) Counseling, therapy, and trauma informed care with individuals, couples, families and groups;

(6) Client, family, and community education;

(7) Documentation; and

(8) Professional and ethical responsibilities.

[A.] B. Licensure. To qualify for licensure as a graduate alcohol and drug counselor, an applicant shall:

(1) [Complete an application on a form approved by the Board] Submit a completed Board-approved application and include documentation of post-graduate experience;

(2) Pay [the required non-refundable fee] all applicable fees set forth in COMAR 10.58.02;

(3) Complete one of the following from a regionally accredited educational institution:

[(3) Hold a] (a) A master’s [or doctoral] degree [from a regionally accredited college or university approved by the Board] in a health and human services counseling field approved by the Board or in a program of studies determined by the Board to be substantially equivalent with [a]:

(i) A minimum of 48 graduate semester credit hours; or

(ii) 72 graduate quarter credit hours [including:]; or

(b) A doctoral degree in a health and human services counseling field approved by the Board or in a program of studies determined by the Board to be substantially equivalent with:

(i) A minimum of 90 graduate semester credit hours; or

(ii) 135 graduate quarter credit hours;

(4) Complete a minimum of 39 semester credit hours or 65 quarter credit hours in alcohol and drug counselor training from a regionally accredited educational institution including:

(a) (text unchanged)

(b) Any three of the following 3 semester credit hour or 5 quarter credit hour courses taken at a regionally accredited educational institution:

(i)—(iii) (text unchanged)

(iv) Topics in substance-related and addictive disorders [alcohol and drug dependency]; [and] or

(v) (text unchanged)

(5) Complete one of the following:

(a) An internship in alcohol and drug counseling that totals 6 semester credit hours or 10 quarter credit hours; or

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed under and verified by a Board-approved alcohol and drug counselor supervisor;

(6) Complete a minimum of 3 graduate semester credit hours or 5 quarter hours in each of the following content areas:

(a) Personality development;

(b) Diagnosis and psychopathology; and

(c) Psychotherapy and treatment of mental and emotional disorders;

[(4) Pass] (7) Achieve a passing score on:

(a) A national alcohol and drug counselor examination approved by the Board; [and]

(b) An examination of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland; and [this subtitle]

(ii) COMAR 10.58;

(8) Submit to a criminal background check;

[(5)] (9) (text unchanged)

[(6)] (10) Comply with [the Board’s]:

(a) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(b) The code of ethics as set forth in COMAR 10.58.03.

[B. To obtain a license as a graduate alcohol and drug counselor, an applicant shall:

(1) Submit a completed application;

(2) Submit an official transcript from the institution awarding the master's or doctoral degree in a professional counseling field; and

(3) Pay all required fees set forth in COMAR 10.58.02.]

C. Licensed graduate alcohol and drug counselors shall conspicuously display their license or certificate and a professional disclosure statement as set forth in Regulation .03C of this chapter.

[C.] D. The Board shall act upon applications within a 6 month period as [follows:] set forth under Regulation .03D of this chapter.

[(1) Within 90 days after receipt of an application, the Board or its Executive Director shall determine whether the application is complete;

(2) If the Board or its Executive Director determines that the application is not complete, the Executive Director or the Executive Director’s designee shall send a notice of deficiency to the applicant;

(3) Upon receipt of a notice, the applicant shall correct the deficiency within 90 days, or other period specified in the notice; and

(4) If the applicant fails to correct the deficiency within the required period, the application may lapse and the applicant shall be required to submit a new application and pay the required non-refundable fee set forth in COMAR 10.58.02.]

[D.] E. A licensed graduate alcohol and drug counselor shall practice alcohol and drug counseling under the supervision of a Board-approved alcohol and drug counselor supervisor who is:

(1)—(4) (text unchanged)

(5) An approved clinical alcohol and drug counselor supervisor as defined in COMAR 10.58.13.02.

[E.] F. (text unchanged)

[F.] G. Expiration and Renewal.

(1)—(3) (text unchanged)

(4) If a licensed graduate alcohol and drug counselor licensee notifies the Board in writing, the Board may consider a license extension beyond the 6-year maximum as set forth in §G(3) of this regulation.

[(4)] (5) To renew licensure as a graduate alcohol and drug counselor, the applicant shall:

(a) Complete a Board-approved renewal application [on a form approved by the Board];

(b) Pay [the required application fee] all applicable fees set forth in COMAR 10.58.02; and

(c) (text unchanged)

H. Reinstatement. The Board may reinstate the license of a licensed graduate alcohol and drug counselor as set forth under Regulation .03F of this chapter.

I. Inactive Status. The guidelines for inactive status are set forth under Regulation .03G of this chapter.

 

.06 [Certification:] Certified Associate Counselor — Alcohol and Drug.

A. Scope of Practice. The scope of practice of a certified associate counselor — alcohol and drug consists of the following activities, performed in accordance with §B of this regulation:

(1) Biopsychosocial evaluation, including participating in the development of diagnostic impressions for SUDs or Screening, Brief Intervention, and Referral to Treatment (SBIRT);

(2) Treatment planning for SUDs and CODs, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention;

(3) Referral;

(4) Service coordination and case management for SUDs and CODs;

(5) Counseling, therapy, and trauma informed care, with individuals, couples, families, and groups;

(6) Client, family, and community education;

(7) Documentation; and

(8) Complying with:

(a) Professional and ethical responsibilities; and

(b) Supervisory responsibilities for a certified associate counselor — alcohol and drug, certified supervised counselor — alcohol and drug, or a trainee seeking certification, provided that the certified associate counselor — alcohol and drug has been approved as a supervisor by the Board.

B. As required by Health Occupations Article, §17-403(a)(4), Annotated Code of Maryland, a certified associate counselor — alcohol and drug shall:

(1) Practice under the moderate supervision of a Board-approved alcohol and drug counselor supervisor who is:

(a) A licensed clinical alcohol and drug counselor;

(b) A certified professional counselor — alcohol and drug; or

(c) Another health care provider:

(i) Licensed or certified under the Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) Approved by the Board; and

(2) Provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State.

[A.] C. To qualify for certification as a certified associate counselor—alcohol and drug (CAC—AD) an applicant shall:

(1) Complete [an] a Board-approved application [on a form approved by the Board];

(2) Pay [the required non-refundable fee] all applicable fees set forth in COMAR 10.58.02;

(3) Hold [one of the following: (a) A] a bachelor’s degree from a regionally accredited educational institution [approved by the Board] in a [health]:

(a) Health and human services counseling field; or

(b) [A bachelor’s degree from a regionally accredited educational institution approved by the Board in a program] Program of studies determined by the Board to be substantially equivalent [in subject matter to §A(3)(a) of this regulation];

(4) Complete a minimum of 33 semester credit hours or 50 quarter credit hours in alcohol and drug counselor training from a regionally accredited institution [of higher education approved by the Board] including:

(a) (text unchanged)

(b) Any three of the following 3 semester credit hour or 5 quarter credit hour courses taken at a regionally accredited educational institution:

(i)—(v) (text unchanged)

(5) Complete [an] one of the following:

(a) An internship in alcohol and drug counseling that [total] totals 6 semester credit hours or 10 quarter credit hours; or

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed under and verified by a Board-approved alcohol and drug counselor supervisor;

(6) Complete not less than 1 year with a minimum of [2,000] 1,000 hours of [supervised clinical experience in] alcohol and drug counseling work completed under [the supervision of] and verified by a Board-approved alcohol and drug counselor supervisor;

(7) Achieve a passing score on [the examination developed by the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC/AODA), or other]:

(a) A national alcohol and drug counselor examination as approved by the Board; and

[(8) Achieve a passing score on an]] (b) An examination of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland[,] and [this subtitle]

(ii) COMAR 10.58.

(8) Submit to a criminal background check;

(9)—(10) (text unchanged)

[B.] D. The Board shall act upon applications within a 6 month period as [follows:] set forth under Regulation .03D of this chapter.

[(1) Within 90 days after receipt of an application, the Board or its Executive Director shall determine whether the application is complete;

(2) If the Board or its Executive Director determines that the application is not complete, the Executive Director or the Executive Director’s designee shall send a notice of deficiency to the applicant;

(3) Upon receipt of a notice, the applicant shall correct the deficiency within 90 days, or other period specified in the notice; and

(4) If the applicant fails to correct the deficiency within the required period, the application may lapse and the applicant shall be required to submit a new application and pay the required non-refundable fee set forth in COMAR 10.58.02.]

[C.] E. A certified associate counselor—alcohol and drug:

(1) May provide [only] alcohol and drug counseling:

(a) [Alcohol and drug counseling as] As an employee of an agency or facility that is certified or licensed by the State; and

(b) [Alcohol and drug counseling under] Under the moderate supervision of a Board-approved supervisor as specified in Health Occupations Article, [§17–403] §17–404, Annotated Code of Maryland; and

(c) (text unchanged)

(2) (text unchanged)

[D.] F. Renewal.

(1) To renew certified associate counselor — alcohol and drug certification, the applicant shall:

(a) Complete a Board-approved renewal application [on a form approved by the Board];

(b) Pay [the required application fee] all applicable fees set forth in COMAR 10.58.02; and

(c) (text unchanged)

(2)—(3) (text unchanged)

[E.] G. Reinstatement. The Board may reinstate the certificate of a certified associate counselor —alcohol and drug set forth under Regulation .03F of this chapter.

[(1) Within 5 calendar years after the certificate renewal date, the Board may reinstate the certificate of a certified associate counselor — alcohol and drug otherwise entitled to reinstatement under Health Occupations Article, §17-505(b), Annotated Code of Maryland, whose certificate was not renewed for any reason, if the certificate holder:

(a) Completes within that 5-year period the minimum of 20 CEUs required for each year; and

(b) Pays to the Board a non-refundable reinstatement fee set by the Board in COMAR 10.58.02.

(2) CEUs which are acquired in order to reinstate under COMAR 10.58.05.05 and .06 may be credited only once and may not be credited for any future renewals.

(3) For any certified associate counselor — alcohol and drug whose certification has expired more than 5 calendar years before the request for reinstatement, a new application for certification shall be completed and the current certification requirements shall be met.

(4) An individual who fails to reinstate certification is not authorized to and may not practice alcohol and drug counseling.]

[F.] H. Inactive Status. The guidelines for inactive status are set forth under Regulation .03G of this chapter.

[(1) In accordance with Health Occupations Article, §17-505, Annotated Code of Maryland, a request to transfer a certificate or license to inactive status shall be granted upon receipt of a written application; and payment of the required, non-refundable, annual fee set forth in COMAR 10.58.02.

(2) An individual may apply for inactive status only if the individual’s certificate is still active at the time application for inactive status is made.

(3) An individual on inactive status is not authorized to and may not practice alcohol and drug counseling.

(4) A certificate holder on inactive status seeking to be reinstated to active status shall be required, as a condition of reinstatement, to submit proof of having completed 20 CEU’s for each year of inactive status, at least 40 of which shall have been obtained within the 2-year period immediately preceding the application for reinstatement.]

.07 [Certification:] Certified Supervised Counselor — Alcohol and Drug.

A. Scope of Practice. The scope of practice for a certified supervised counselor —alcohol and drug consists of the following activities, performed in accordance with §C of this regulation:

(1) Participating in the development of diagnostic impressions for SUDs and CODs, as:

(a) Confirmed by a Board-approved supervisor; and

(b) Documented by signature and credentials;

(2) Biopsychosocial evaluation, as permitted by the Board-approved supervisor;

(3) Screening, Brief Intervention, and Referral to Treatment (SBIRT);

(4) Treatment planning for SUDs and CODs, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention, as confirmed by:

(a) The Board-approved supervisor; and

(b) Documentation by signature and credentials;

(5) Referral;

(6) Participating in service coordination and case management for SUDs and CODs;

(7) Counseling of individuals and groups for SUDs;

(8) Client, family, and community education for SUDs;

(9) Documentation; and

(10) Complying with the professional and ethical responsibilities set forth in COMAR 10.58.03.

B. A certified supervised counselor — alcohol and drug may not perform supervision.

C. As required by Health Occupations Article, §17-404(a)(4), Annotated Code of Maryland, a certified supervised counselor — alcohol and drug shall:

(1) Practice under the close supervision of a Board-approved alcohol and drug counselor supervisor; and

(2) Provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State.

[A.] D. To qualify for certification as a supervised counselor — alcohol and drug, an applicant shall:

(1) [Complete an application on a form approved by the Board] Submit a completed Board-approved application;

(2) Pay [the required non-refundable fee] all applicable fees set forth in COMAR 10.58.02;

(3) Hold [one of the following: (a) A] an associate’s degree from a regionally accredited educational institution [approved by the Board] in a [health]:

(a) Health or human services counseling field; or

(b) [An associate’s degree from a regionally accredited educational institution approved by the Board in a program] Program of studies determined by the Board to be substantially equivalent [in subject matter];

(4) Complete a minimum of 24 semester credit hours or 37 quarter credit hours in alcohol and drug counselor training from a regionally accredited educational institution [of higher education approved by the Board] including:

(a) (text unchanged)

(b) Any three of the following 3 semester credit hour or 5 quarter credit hour courses taken at a regionally accredited educational institution:

(i)—(viii) (text unchanged)

(5) Complete [an internship in alcohol and drug counseling that total] one of the following:

(a) An internship in alcohol and drug counseling that totals 6 semester credit hours or 10 quarter credit hours; or

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed under and verified by a Board-approved alcohol and drug counselor supervisor;

(6) Achieve a passing score on [the examination developed by the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC/AODA), or other]:

(a) A national alcohol and drug counselor examination as approved by the Board; and

[(7)] (b) [Achieve a passing score on an] An examination of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland[,] and [this subtitle]

(ii) COMAR 10.58.

(7) Submit to a criminal background check;

(8)—(9) (text unchanged)

[B.] E. The Board shall act upon applications within a 6-month period as [follows:] set forth under Regulation .03D of this chapter.

[(1) Within 90 days after receipt of an application, the Board or its Executive Director shall determine whether the application is complete;

(2) If the Board or its Executive Director determines that the application is not complete, the Executive Director or the Executive Director’s designee shall send a notice of deficiency to the applicant;

(3) Upon receipt of a notice, the applicant shall correct the deficiency within 90 days, or other period specified in the notice; and

(4) If the applicant fails to correct the deficiency within the required period, the application may lapse and the applicant shall be required to submit a new application and pay the required non-refundable fee set forth in COMAR 10.58.02.]

[C.] F. A certified supervised counselor — alcohol and drug:

(1) May provide [only] alcohol and drug counseling:

(a) [Alcohol and drug counseling as] As an employee of an agency or facility that is certified or licensed by the State; and

(b) [Alcohol and drug counseling under] Under the close supervision of a Board-approved supervisor as specified in Health Occupations Article, §17–404, Annotated Code of Maryland; and

(2) (text unchanged)

[D.] G. A certified supervised counselor — alcohol and drug shall practice alcohol [an] and drug counseling under the close supervision of a Board-approved alcohol and drug counselor supervisor [who is:

(1) A licensed clinical alcohol and drug counselor;

(2) A certified professional counselor — alcohol and drug;

(3) A certified associate counselor — alcohol and drug; or

(4) One of the following who has documented expertise in alcohol and drug counseling and is approved by the Board:

(a) A licensed clinical professional counselor;

(b) A licensed clinical marriage and family therapist;

(c) A licensed clinical professional art therapist; or

(d) A health care provider licensed under the Health Occupations Article, Annotated Code of Maryland].

[E.] H. Renewal. The Board may renew the certificate of a certified supervised counselor —alcohol and drug set forth under Regulation .06F in this chapter.

[(1) To renew certified supervised counselor — alcohol and drug certification, the applicant shall:

(a) Complete a renewal application on a form approved by the Board;

(b) Pay the required application fee set forth in COMAR 10.58.02; and

(c) Attest to completion of continuing education activities as specified in COMAR 10.58.05.05 and .06.

(2) The Board may not renew the certification of any certified supervised counselor — alcohol and drug who fails to complete all requirements for renewal before the expiration date of the current certification.

(3) An individual who fails to renew certification is not authorized to practice alcohol and drug counseling.]

[F.] I. Reinstatement. The Board may reinstate the certificate of a certified supervised counselor —alcohol and drug set forth under Regulation .03F in this chapter.

[(1) Within 5 calendar years after the certificate renewal date, the Board may reinstate the certificate of a certified supervised counselor — alcohol and drug otherwise entitled to reinstatement under Health Occupations Article, §17-505(b), Annotated Code of Maryland, whose certificate was not renewed for any reason if the certificate holder:

(a) Completes within that 5-year period the minimum of 20 CEUs required during each year; and

(b) Pays to the Board a reinstatement fee set by the Board in COMAR 10.58.02.

(2) CEUs which are acquired in order to reinstate under COMAR 10.58.05.05 and .06 of this subtitle may be credited only once and may not be credited for any future renewals.

(3) An individual who fails to reinstate certification is not authorized to practice alcohol and drug counseling.

(4) An individual who is on inactive status is not authorized to practice alcohol and drug counseling.]

[G.] J. Inactive Status. The guidelines for inactive status are set forth under Regulation .03G of this chapter.

[(1) In accordance with Health Occupations Article, §17-505, Annotated Code of Maryland, a request to transfer a certificate or license to inactive status shall be granted upon receipt of a written application; and payment of the required, non-refundable, annual fee set forth in COMAR 10.58.02.

(2) An individual may apply for inactive status only if the individual’s certificate is still active at the time application for inactive status is made.

(3) An individual on inactive status is not authorized to and may not practice alcohol and drug counseling.

(4) A certificate holder on inactive status seeking to be reinstated to active status shall be required, as a condition of reinstatement, to submit proof of having completed 20 CEU’s for each year of inactive status, at least 40 of which shall have been obtained within the 2-year period immediately preceding the application for reinstatement.]

.08 Alcohol and Drug Trainees.

A. Scope of Practice. The scope of practice of an alcohol and drug trainee shall be limited to the following activities:

(1) Biopsychosocial evaluation, including screening, assessment, and diagnostic impressions for SUDs and CODs;

(2) Treatment planning for SUDs and CODs, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention;

(3) Referral;

(4) Service coordination and case management in the areas of SUDs and CODs;

(5) Counseling, therapy, and trauma informed care with individuals, couples, families and groups in the areas of SUDs and CODs;

(6) Client, family, and community education;

(7) Documentation; and

(8) Compliance with professional and ethical responsibilities.

B. A trainee may not perform supervision.

C. A trainee holding a master’s degree shall:

(1) Practice under the clinical supervision of an approved licensed clinical alcohol and drug counselor supervisor;

(2) Hold approved trainee status with the Board; and

(3) Provide documentation satisfactory to the Board every 2 years of progress towards the fulfillment of the experiential and course of study requirements under Health Occupations Article, §17-302, Annotated Code of Maryland.

D. A trainee holding a bachelor’s degree shall:

(1) Practice under the moderate supervision of a Board-approved alcohol and drug counselor supervisor;

(2) Hold approved trainee status with the Board; and

(3) Provide documentation satisfactory to the Board every 2 years of progress towards the fulfillment of the experiential or course of study requirements under Health Occupations Article, §17-403 or 17-404, Annotated Code of Maryland.

E. A trainee holding an associate’s degree shall:

(1) Practice under the close supervision of a Board-approved alcohol and drug counselor supervisor;

(2) Hold approved trainee status with the Board;

(3) Provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State; and

(4) Provide documentation satisfactory to the Board every 2 years of progress towards the fulfillment of the experiential and course of study requirements under Health Occupations Article, §17-403 or 17-404, Annotated Code of Maryland.

F. A trainee holding a high school diploma shall meet all guidelines set forth under §E of this regulation.

[A.] G. Application Process.

(1) In order to practice as an alcohol and drug trainee, an individual shall:

(a) Complete and return the [Board] Board-approved application that includes:

(i)—(ii) (text unchanged)

(b) Pay [the required, non-refundable application fee] all applicable fees set forth in COMAR 10.58.02; and

(c) (text unchanged)

(2)—(6) (text unchanged)

(7) An individual licensed as a clinical mental healthcare provider under the Health Occupations Article, Title 17, Annotated Code of Maryland, may not apply as a trainee.

[B.] H. (text unchanged)

[C.] I. Qualifications. To qualify as an alcohol and drug trainee an applicant shall meet one of the following requirements:

(1) Hold [one of the following] an associate’s degree or higher in a [health]:

(a) Health and human services counseling field from [an] a regionally accredited educational institution [approved by the Board], which includes 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling; or [An associate’s degree or higher in a program]

(b) Program of studies [judged] determined by the Board to be substantially equivalent [in subject matter and extent of training], which includes 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling; or

(2) Have completed 15 semester credits or 25 quarter credits from among the topic areas specified in Regulation [.03A (2)(b)] .03B of this chapter including:

(a)—(b) (text unchanged)

[D.] J. An alcohol and drug trainee shall practice under the supervision of a Board-approved alcohol and drug counselor supervisor.

[E.] K. Renewal.

(1) Individuals applying for renewal of trainee status after the effective date of this regulation shall:

(a) Complete a trainee renewal application on a [form approved by the Board] Board-approved form;

(b) Pay [the required, non-refundable application fee] all applicable fees set forth in COMAR 10.58.02; and

(c) (text unchanged)

(2) (text unchanged)

[.17] .09 Reexamination.

An applicant who fails an examination for certification or licensure may [take a reexamination] retake the exam.

[.18] .10 Licensure Eligibility: Out-of-State Applicants.

A. An applicant licensed or certified as a clinical alcohol and drug counselor in another state, territory, or jurisdiction, is eligible for licensure if the applicant:

(1) Files a completed Board-approved application accompanied by the required fees specified in COMAR 10.58.02.02;

(2) Provides verification that the applicant has:

(a) [Has no] No history of disciplinary action past or pending; and

(b) [Has not] Not committed any act or omission that would be grounds for discipline or denial of licensure under Health Occupations Article, §17-509, Annotated Code of Maryland;

(3) Provides:

(a) A copy of a current license or certification from each state, territory, or jurisdiction in which the applicant is authorized to practice alcohol and drug counseling; [and]

(b) (text unchanged)

[(4) Provides documentation] (c) Documentation or transcripts confirming completion of a master's or doctoral degree in a health or human services counseling field from [an] a:

(i) Regionally accredited educational institution [approved by the Board]; or

(ii) Program of studies determined by the Board to be substantially equivalent;

[(5) Provides verification]

(d) Verification, on a [form that the Board requires] Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time specified as follows:

[(a)] (i) If the applicant has a master's degree and has a minimum of 60 graduate credit hours, documentation, satisfactory to the Board, of not less than 3 years, with a minimum of 2,000 hours[,] of supervised clinical experience in alcohol and drug counseling, 2 years of which shall have been completed after the [award] awarding of [the] a master's degree;

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

[(6)] (4) Achieves a passing score on:

(a) A national alcohol and drug counselor examination approved by the Board; and

[(a)] (b) An examination [testing the applicant's knowledge of Maryland law and regulations governing alcohol and drug counselors; and] of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) COMAR 10.58.

[(b) The Examination for Master Addictions Counselors of the National Board for Certified Counselors (NBCC).]

B. The Board shall waive the course requirements specified in [Regulations] Regulation .03B [and .10A] of this chapter, except for documentation or transcripts showing completion of:

(1)—(2) (text unchanged)

[.19] .11 Certification Eligibility — CAC-AD — Out-of-State Applicants.

A. An applicant certified as a certified associate counselor-alcohol and drug in another state territory, or jurisdiction, is eligible for certification if the applicant:

(1) Files a completed Board-approved application accompanied by the required fees specified in COMAR 10.58.02.02;

(2) Provides verification that the applicant has:

(a) [Has no] No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a [license to practice clinical professional] certificate to practice alcohol and drug counseling; and

(b) [Has not] Not committed any act or omission that would be grounds for discipline or denial of certification under Health Occupations Article, §17-509, Annotated Code of Maryland;

(3) Provides:

(a) A copy of a current certification from each state, territory, or jurisdiction, in which the applicant is authorized to practice alcohol and drug counseling; [and]

(b) (text unchanged)

[(4) Provides documentation] (c) Documentation or transcripts confirming completion of a bachelor's degree in a health or human services counseling field from[an] a:

(i) Regionally accredited educational institution [approved by the Board]; or

(ii) Program of studies determined by the Board to be substantially equivalent;

[(5) Provides:]

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

[(b)] (e) Verification, on a [form that the Board requires] Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time stated in [§A(5)(a)] §A(3)(d) of this regulation; and

[(6)] (4) Achieves a passing score on:

(a) A national alcohol and drug counselor examination approved by the Board; and

[(a)] (b) An examination [testing the applicant's knowledge of Maryland law and regulations governing alcohol and drug counselors; and] of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) COMAR 10.58.

[(b) The examination developed by the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC/AODA).]

B. (text unchanged)

[.20] .12 Certification Eligibility — CSC-AD — Out-of-State Applicants.

A. An applicant certified as a certified supervised counselor-alcohol and drug in another state, territory, or jurisdiction is eligible for certification if the applicant:

(1) Files a completed Board-approved application accompanied by the required fees specified in COMAR 10.58.02.02;

(2) Provides verification that the applicant has:

(a) [Has no] No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a [license] certificate to practice [clinical professional] alcohol and drug counseling; and

(b) [Has not] Not committed any act or omission that would be grounds for discipline or denial of certification under Health Occupations Article, §17-509, Annotated Code of Maryland;

(3) Provides:

(a) A copy of a current certification from each state, territory, or jurisdiction in which the applicant is authorized to practice alcohol and drug counseling; [and]

(b) (text unchanged)

[(4) Provides documentation] (c) Documentation or transcripts confirming completion of an associate’s degree in a health or human services counseling field from [an] a:

(i) Regionally accredited educational institution [approved by the Board]; or

(ii) Program of studies determined by the Board to be substantially equivalent;

[(5) Provides:]

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

[(b)] (e) Verification, on a [form that the Board requires] Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time stated in [§A(5)(a)] §A(3) of this regulation; and

[(6)] (4) Achieves a passing score on:

(a) A national alcohol and drug counselor examination approved by the Board; and

[(a)] (b) An examination [testing the applicant's knowledge of Maryland law and regulations governing alcohol and drug counselors; and] of:

(i) Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) COMAR 10.58.

[(b) The examination developed by the International Certification and Reciprocity Consortium/Alcohol and Other Drug Abuse (ICRC/AODA).]

B. The Board shall waive the course requirements specified in Regulations .03B and [.05B] .04B of this chapter, except for documentation from [an] a regionally accredited educational institution [approved by the Board] showing completion of:

(1)—(2) (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 03 MARYLAND AVIATION ADMINISTRATION

11.03.07 Maryland Air Terminal Assistance Program

Authority: Transportation Article, §5-208, Annotated Code of Maryland

Notice of Proposed Action

[18-230-P]

The Executive Director of the Maryland Aviation Administration proposes to repeal Regulations .01—.06 under COMAR 11.03.07 Maryland Air Terminal Assistance Program.

Statement of Purpose

The purpose of this action is to eliminate obsolete regulations under COMAR 11.03.07. This chapter was last updated in 1989, when the MAA offered entitlement grants to certain airports. The entitlement mechanism of grant funding was eliminated in the early 1990s. The Maryland Air Terminal Assistance Program has not been funded directly in the last 20 years. Today, MAA considers grant assistance for airport terminal buildings directly through the Statewide Aviation Grant Program (MAA CTP project #1105 or 1106).

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 Raven S. Berry, Director, Office of Administrative Services, Maryland Aviation Administration, P.O. Box 8766, BWI Airport, MD 21240, or email to rberry1@bwiairport.com. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

RICKY D. SMITH, SR.
Executive Director

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 06 SUPPORTING PROGRAMS

13A.06.07 Student Transportation

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

Notice of Proposed Action

[18-243-P]

The Maryland State Board of Education proposes to amend Regulations .01, .06—.08, and .10 under COMAR 13A.06.07 Student Transportation. This action was considered at the State Board of Education meeting held on June 20, 2018.

Also, at this time, the Maryland State Board of Education is withdrawing the amendments to Regulations .01, .06—.08, and .10 under COMAR 13A.06.07 Student Transportation that were proposed in 45:7 Md. R. 369—371 (March 30, 2018).

Statement of Purpose

The purpose of this action is to (1) change the school vehicle driver qualifications; and (2) add clarification that certain disqualifying conditions and termination provisions apply to school vehicle driver trainees as well as to drivers.

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 Gabriel D. Rose, Director of Pupil Transportation, Emergency Management, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, Maryland 21201, or call 410-767-0209 (TTY 410-333-6442), or email to gabriel.rose1@maryland.gov, or fax to 410-333-2232. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the State Board of Education during a public meeting to be held on December 4, 2018, 9 a.m., at 200 West Baltimore Street, Baltimore, Maryland 21201.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(10) (text unchanged)

(11) “Insubordination” means violating a lawful order or failing to obey a lawful order given by a superior.

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

(14) “Misfeasance” means performing a proper act in a wrongful or injurious manner or the improper performance of an act which might have been lawfully done.

[(13)] (15)[(18)] (20) (text unchanged)

(21)”Property damage” means injury to real or personal property, the amount of which is established by evidence of replacement values and cost of repairs.

[(19)] (22)[(21)] (24) (text unchanged)

[(22)] (25) “School vehicle attendant” means an individual who:

(a) (text unchanged)

(b) Is employed by a local school system or an entity contracting with a local school system as a school vehicle attendant; and

(c) (text unchanged)

[(23)] (26) “School vehicle driver” means an individual who:

(a) Has applied for employment with a local school system or an entity contracting with a school system as a school vehicle driver;

(b)—(d) (text unchanged)

[(24)] (27) “School vehicle driver trainee” means an individual who has applied for employment with a local school system or an entity contracting with a school system and is seeking Department-required certification as a school vehicle driver.

[(25)] (28)[(32)] (35) (text unchanged)

(36) “Unsafe actions” means misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety.

[(33)] (37) (text unchanged)

.06 School Vehicle Driver Trainee and School Vehicle Driver Qualifications.

A. (text unchanged)

B. School Vehicle Driver Qualifications. A school vehicle driver shall:

(1) Do [one of] the following:

(a) Meet the requirements in §A of this regulation; [or] and

(b) (text unchanged)

(2)—(3) (text unchanged)

C. (text unchanged)

.07 School Vehicle Driver and Trainee Disqualifying Conditions and Termination.

A. A school vehicle driver or trainee who does not meet the qualifications of the evaluation under Regulation [.06] .06C of this chapter may be disqualified from driving a school vehicle at the discretion of the supervisor of transportation, unless the supervisor of transportation determines that retraining, instruction, or both, are satisfactorily completed.

B. Disqualification for Driving Record.

(1) Except as set forth in §B(2) of this regulation, a school vehicle driver or trainee shall be disqualified from driving a school vehicle if the driving record shows three current points.

(2) (text unchanged)

(3) If a school vehicle driver or trainee has more than three current points, the driver may not operate a school vehicle.

C. Disqualification for Criminal Conduct.

(1) A local school system [may not permit an individual to operate] shall disqualify an individual school vehicle driver or trainee from operating a school vehicle if the individual:

(a) Has been convicted of a crime or if criminal charges are pending against the individual for a crime involving:

(i)—(iv) (text unchanged)

(v) A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland;

(vi)—(viii) (text unchanged)

(b) Has [evidence of] a criminal history [that], including second degree assault, which in the opinion of the supervisor of transportation, makes the individual unfit for employment.

(2) [An individual] A school vehicle driver or trainee who [pleads] pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(i)—(vii) of this regulation is permanently disqualified from operating a school vehicle in Maryland, except as provided in §C(1)(a)(iv) of this regulation.

(3) [An individual] A school vehicle driver or trainee who [pleads] pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of an offense listed in §C(1)(a)(viii) of this regulation is disqualified from operating a school vehicle for a minimum of 10 years from the date of the action.

(4) [An individual] A school vehicle driver or trainee who engages in conduct prohibited under Regulation .10B(2) of this chapter is disqualified from operating a school vehicle in Maryland, except as provided under Regulation .10D of this chapter.

D. Disqualification for Unsafe Actions. [Misfeasance, incompetence, insubordination, or any act of omission that adversely affects transportation or safety may be grounds for disqualification and termination by the supervisor of transportation.] Any unsafe action may lead to disqualification and termination of a school vehicle driver or trainee by the supervisor of transportation.

E. Disqualification for Accidents.

(1) The school vehicle driver or trainee shall report to the supervisor of transportation a school vehicle accident involving personal injury or property damage as soon as practicable after the accident.

(2)—(4) (text unchanged)

(5) A [driver] school vehicle driver or trainee who has had two preventable accidents involving personal injury or appreciable damage in a 24-month period may not operate a school vehicle in any local school system for a period of 5 years from the date of the last accident, unless the supervisor of transportation places a letter in the driver’s personnel file documenting sufficient reasons to retain the individual as a qualified school vehicle driver.

(6) A [driver] school vehicle driver or trainee who has more than two preventable accidents involving personal injury or appreciable damage in any 24-month period is permanently disqualified from operating a school vehicle in Maryland.

F. Disqualified Driver Database.

(1) The Department’s Office of Pupil Transportation shall maintain a confidential computer database of [drivers] school vehicle drivers or trainees who have been disqualified by a local school system under §§B—E of this regulation or for any other reason.

(2) The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of a [driver’s] school vehicle driver’s or trainee’s disqualification within 30 days of the [driver’s] school vehicle driver’s or trainee’s receipt of notification of the disqualification.

(3) (text unchanged)

(4) Upon receipt of the current list of active school vehicle drivers, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active [driver] school vehicle driver or trainee is listed on the Department’s computer database.

.08 School Vehicle Attendant Qualifications and Disqualifications.

A. (text unchanged)

B. Disqualifications for Criminal Conduct.

(1) An individual may not serve as a school vehicle attendant if the individual has been convicted of a criminal charge or if a criminal charge is pending for a crime involving:

(a)—(c) (text unchanged)

(d) A crime of violence as set forth in Criminal Law Article, §14-101, Annotated Code of Maryland; or

(e) (text unchanged)

(2) An individual who [pleads] pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a crime under §B(1) of this regulation, is permanently disqualified from serving as a school vehicle attendant.

(3) An individual who [pleads] pled guilty or nolo contendere with respect to, is placed on probation before judgment with respect to, or is convicted of a controlled substance offense as defined in federal or State law is disqualified from serving as a school vehicle attendant for a period of 10 years from the date of the action.

(4) An individual may not serve as a school vehicle attendant if the supervisor of transportation has evidence of criminal history, including second degree assault, which in the opinion of the supervisor makes the individual unfit for employment.

C. Disqualification for Unsafe Actions. Misfeasance, incompetence, insubordination, or any act or omission that adversely affects transportation or safety may be grounds for disqualification and termination of the school vehicle attendant by the supervisor of transportation.

D. Disqualified Attendant Database.

(1) The Department’s Office of Pupil Transportation shall maintain a confidential computer database of attendants or trainees who have been disqualified by a local school system under §§B and C of this regulation or for any other reason.

(2) The supervisor of transportation shall notify the Department’s Office of Pupil Transportation of an attendant’s or trainee’s disqualification within 30 days of the attendant’s or trainee’s receipt of notification of the disqualification.

(3)—(4) (text unchanged)

.10 Alcohol and Controlled Substances Use and Testing.

A. Testing Program Required.

(1)—(3) (text unchanged)

(4) An alcohol or controlled substances test shall be administered as soon as practicable if a supervisor of transportation, who has received training in identifying the signs and symptoms of controlled substances and alcohol abuse or use, has determined there is reasonable suspicion that a school vehicle driver or trainee is using alcohol or a controlled substance.

(5) (text unchanged)

B. Disqualification of [Drivers] School Vehicle Drivers and Trainees.

(1) A school vehicle driver or trainee who engages in conduct prohibited by §B(2) of this regulation is permanently disqualified from operating a school vehicle in Maryland except under §D of this regulation.

(2) Prohibited conduct is:

(a)—(g) (text unchanged)

(h) While on duty, using controlled substances legally prescribed by a licensed physician, unless the use is according to the instructions of the prescribing physician who has advised the [driver] school vehicle driver or trainee that the substance does not adversely affect the [driver’s] school vehicle driver’s or trainee’s ability to safely operate a school vehicle; or

(i) (text unchanged)

(3) [An employee or an applicant for employment] A school vehicle driver or trainee is determined as having refused to take a controlled substances test under §B(2)(f) of this regulation if the [employee or an applicant for employment] school vehicle driver or trainee:

(a) After being directed to report for testing, fails to appear for any test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time, as determined by the employer or supervisor, and consistent with regulations;

(b) If an owner-operator or self-employed school vehicle driver, fails to appear for a test when notified to do so by an employer or supervisor;

(c)—(j) (text unchanged)

(4) [An applicant] A school vehicle driver or trainee reporting for a pre-employment controlled substances test is not considered to have refused a test under this chapter if:

(a) The [applicant] school vehicle driver or trainee leaves the testing site before the testing process actually commences; or

(b) The [applicant] school vehicle driver or trainee does not leave a urine specimen because the individual left the testing site before the testing actually commences.

(5) [An employee or an applicant for employment] A school vehicle driver or trainee is determined as having refused to take an alcohol test if the [employee] school vehicle driver or trainee:

(a) Fails to appear for a test, except a pre-employment test as set forth in §B(6) of this regulation, within a reasonable time as determined by the employer or supervisor and consistent with regulations, after being directed to report for a test;

(b) In the case of [an employee] a school vehicle driver or trainee who is an owner-operator or self-employed [individual] school vehicle driver or trainee, fails to appear for a test when notified to do so by an employer or supervisor;

(c)—(g) (text unchanged)

(6) [An applicant] A school vehicle driver or trainee reporting for a pre-employment test who does not provide a saliva or breath specimen under §B(2)(g) of this regulation because the applicant left the testing site before the testing commences, is not considered to have refused to test.

C. Reporting Disqualified Drivers.

(1)—(2) (text unchanged)

(3) The Office of Pupil Transportation of the Department shall maintain a confidential computer database of the disqualified school vehicle driver’s or trainee’s information reported by the local school systems under §C(1) of this regulation.

(4) (text unchanged)

(5) Upon receipt of the current list of active school vehicle drivers, the Department’s Office of Pupil Transportation shall match that list with the Department’s confidential computer database established under this regulation and immediately notify the supervisor of transportation if an active [driver] school vehicle driver or trainee is listed on the Department’s computer database.

D.—F. (text unchanged)

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

 

Title 18
DEPARTMENT OF ASSESSMENTS AND TAXATION

Subtitle 10 PUBLIC UTILITY OPERATING PROPERTY

18.10.01 Classification

Authority: Tax-Property Article, [§§1-101(aa)] §§1-101(ee) and (y), 2-201, and 8-109(h), Annotated Code of Maryland

Notice of Proposed Action

[18-222-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulation .01 under COMAR 18.10.01 Classification.

Statement of Purpose

The purpose of this action is to provide proper, updated references to the Annotated Code of Maryland in the authority line in COMAR 18.10.01.01.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

.01 Procedure.

A. In this regulation, "operating unit" has the meaning stated in Tax-Property Article, [§1-101(v)] §1-101(y), Annotated Code of Maryland.

B. The Department considers the criteria in Tax-Property Article, [§§1-101(aa-1)] §§1-101(ee) and 8-109(h), Annotated Code of Maryland, in determining whether a company should be classified as a public utility for property tax assessment purposes. A company that does not fully meet all of the criteria may still be classified as a public utility if the Department determines that the company predominantly meets the criteria.

C.—G. (text unchanged)

MICHAEL HIGGS
Director

 

Subtitle 10 PUBLIC UTILITY OPERATING PROPERTY

18.10.03 Coal Pollution Facilities

Authority: Tax-Property Article, §§7-239(f) and 8-109, Annotated Code of Maryland

Notice of Proposed Action

[18-226-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulations .01 and .03 under COMAR 18.10.03 Coal Pollution Facilities.

Statement of Purpose

The purpose of this action is to remove coal pollution facilities valuation definitions that are obsolete and no longer apply to electric generation property and substitute the term “depreciated value” and the concept of cost, less depreciation, which are clearer.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) — (2) (text unchanged)

(3) ["Maryland market value estimate" means the value of a part of an operating unit of a public utility that is reasonably attributable to the part located in the State.

(4) "Net book value"] “Depreciated value” means the original cost of property less its standard depreciation as determined by the Department under COMAR 18.03.01.02.

.03 Methods for Calculating the Exemption.

A. Any exemption applied to property under Regulation .02B of this chapter is based on its [net book] depreciated value [adjusted by the ratio of the total unit value to the total unit net book value].

B. Any exemption applied to property under Regulation .02C of this chapter is based on the cost of replacement, repair, or retrofit of the equipment minus the [net book] depreciated value of the equipment replaced, repaired, or retrofitted.

C. Partial exemptions described in this chapter are [deducted from the Maryland market value estimate in the same manner as the other deductions allowed by law] calculated using standard depreciation as determined by the Department. Certified pollution control property is depreciated and subtracted from the depreciated cost of electric generation machinery and equipment. The taxable portion of the partial exemption (95 percent exempt; 5 percent taxable) is depreciated and added to the assessment.

MICHAEL HIGGS
Director

Subtitle 11 TAX PAYMENTS

18.11.01 Tax Payments — Immediately Available Funds

Authority: Tax-General Article, §13-104; Tax-Property Article, §2-201; Annotated Code of Maryland

Notice of Proposed Action

[18-223-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulation .01 under COMAR 18.11.01 Tax Payments — Immediately Available Funds.

Statement of Purpose

The purpose of this action is to remove the inclusion of financial institution franchise tax in the definition of tax since financial institution franchise tax has been repealed by statute since 2000.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(7) (text unchanged)

(8) "Tax" means a [financial institution franchise tax or] public service company franchise tax, including any interest, penalty, or fees.

(9)—(11) (text unchanged)

MICHAEL HIGGS
Director

 

Subtitle 12 FINANCIAL INSTITUTION FRANCHISE TAX

18.12.01 Tax Returns

Authority: Tax-General Article, §§ 8-211 and 13-902, Annotated Code of Maryland

Notice of Proposed Action

[18-224-P]

The Director of the Department of Assessments and Taxation proposes to repeal Regulation .01 under COMAR 18.12.01 Tax Returns.

Statement of Purpose

The purpose of this action is to remove any reference to amending a financial institution franchise tax return since financial institution franchise tax is obsolete, having been repealed by statute in 2000.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

MICHAEL HIGGS
Director

 

Subtitle 15 GROUND RENTS

18.15.01 Redemption

Authority: Real Property Article, [§8-110] §8-804; Tax-Property Article,
§2-201; Annotated Code of Maryland

Notice of Proposed Action

[18-227-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulations .01—.03 under COMAR 18.15.01 Redemption.

Statement of Purpose

The purpose of this action is to delete and update obsolete statutory references to ground rent redemption, remove certain items prescribed in the Department's ground rent redemption form and remove references to certain fees that are now covered by statute.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

.01 Scope.

This chapter applies to the redemption of reversions in leases under Real Property Article, [§8-110] §8-804, Annotated Code of Maryland, filed on or after January 1, 2004.

.02 Documentation of Lease by Tenant.

To redeem a reversion in a lease under Real Property Article, [§8-110] §8-804, Annotated Code of Maryland, a tenant shall file with the Department of Assessments and Taxation:

A.—B. (text unchanged)

C. An application form prescribed by the Department which includes, but is not limited to, the:

(1)—(3) (text unchanged)

[(4) Date the tenant took title to the subject property;

(5) Year the ground rent was established;]

[(6)] (4) Date of the last payment to the landlord if occurring within less than 3 years before the current date; and

[(7) Annual ground rent amount and the calculation of the redemption amount and prior years' back rent; and]

[(8)] (5) Tenant's affidavit certifying that the requirements of Real Property Article, [§8-110(g)(4)(ii)] §8-804, Annotated Code of Maryland, have been met[;].

D.—E. (text unchanged)

F. [An application filing fee of $20 and, if applicable, an expediting fee of $50.] Pay any fees required by Corporations and Associations Article, §1-203, and Real Property Article, §8-804, Annotated Code of Maryland.

.03 Documentation of Claimant’s Interest.

To file a claim under Real Property Article, [§8-110(g)(8)] §8-804, Annotated Code of Maryland, a claimant shall:

A.—E. (text unchanged)

F. [Pay a $20 fee for processing the payment of the redemption amount.] Pay any fees required by Corporations and Associations Article, §1-203, and Real Property Article, §8-804, Annotated Code of Maryland.

MICHAEL HIGGS
Director

 

Subtitle 15 GROUND RENTS

18.15.02 Registration

Authority: Real Property Article, [§8-711] §8-710; Tax-Property Article,
§2-201; Annotated Code of Maryland

Notice of Proposed Action

[18-225-P]

The Director of the Department of Assessments and Taxation proposes to amend Regulations .01 and .05 under COMAR 18.15.02 Registration.

Statement of Purpose

The purpose of this action is to insert updated code references, affirmatively provide that ground rents may be registered by Department-approved electronic means, repeal any exception to the ground lease holder providing an accurate tax identification number during registration, and delete any reference to extinguishment of ground rents for failure to register.

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 Corbett Webb, Chief of Staff, SDAT, 301 W. Preston Street, 8th Floor, Baltimore, MD 21201, or call 410-767-1142, or email to corbett.webb@maryland.gov. Comments will be accepted through October 15, 2018. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Current ground rent deed of record” has the meaning stated in Real Property Article, [§8-701(c)] §8-701(b), Annotated Code of Maryland.

(2) “Department” has the meaning stated in Real Property Article, [§8-701(b)] §8-701(c), Annotated Code of Maryland.

(3)—(5) (text unchanged)

(6) Submit.

(a) "Submit" means to cause the Department to receive only by:

(i) Hand delivery; [or]

(ii) Regular mail postmarked with a date on or before the time allowed for the action[.]; or

(iii) Specific electronic means approved by the Department.

(b) "Submit" does not mean delivery by:

(i) Facsimile; or

[(ii) Other electronic means; or]

[(iii)] (ii) (text unchanged)

(7) (text unchanged)

.05 Inconsistent or Incomplete Information.

[A. Incorrect or Conflicting Tax Identification Numbers.

(1) If the tax identification number submitted on a registration form does not correspond to a currently existing account, the Department will register the ground rent to the premises address provided.

(2) If the tax identification number submitted on a registration form does not agree with the premises address provided, the Department will take action under §B of this Regulation.]

[B.] If any information requested on a registration form has not been provided or if, for any other reason, the Department is unable to register a ground lease for which a registration form and appropriate fee has been submitted:

[(1)] A. (text unchanged)

[(2)] B. The ground lease holder shall have up to 30 days from the date on the Department's notice to submit the needed information before [any extinguishment action may be taken under Real Property Article, §8-708, Annotated Code of Maryland] the ground lease is considered not registered under Real Property Article, §8-707, Annotated Code of Maryland.

MICHAEL HIGGS
Director

 


Special Documents

 


DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Modify a Stormwater Permit
Anne Arundel County, Maryland

 

     The Maryland Department of the Environment (MDE) has reached a tentative determination to modify the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer (MS4) permit issued to Anne Arundel County to control storm drain system pollutant discharges.  MDE has drafted permit modifications designed to comply with the United States Environmental Protection Agency’s (EPA) regulations, control stormwater pollutant discharges from the County’s storm drain system, and allow Anne Arundel County to use Maryland’s newly authorized nutrient trading program as an option to meet its 20 percent impervious surface restoration requirement.

 

     The EPA regulations (40 CFR Part122.62) and current permit conditions (see PartVII.E.1, Permit Revocation and Modification) allow for NPDES permits to be modified for an appropriate cause.  Anne Arundel County officially requested a modification of its current permit (Discharge Permit Number 11-DP-3316 MD0068306) on August 10, 2018 to allow the use of nutrient trading to meet the 20 percent impervious surface restoration requirement by the end of the current permit term (i.e., February 11, 2019).  MDE has determined the use of nutrient credits by the County for meeting the 20 percent impervious surface restoration requirement is acceptable.  Therefore, MDE hereby proposes to add a new paragraph that allows for nutrient trading to meet this requirement in PART IV.E.3; and to rename the original permit’s PART IV.E.3 and PART IV.E.4 as PART IV.E.4 and PART IV.E.5, respectively. 

 

     For more information on stormwater management in Maryland or to view the proposed permit modifications go to: https://mde.maryland.gov/programs/Water/StormwaterManagementProgram/Pages/storm_gen_permit.aspx or contact Mr. Raymond Bahr at 410-537-3545 or 1-800-633-6101.  Copies of the document may be procured at a cost of $0.36 per page.  MDE will hold a public hearing concerning the tentative determination to modify Anne Arundel County’s MS4 permit on Thursday, October 18, 2018 at 5 PM, MDE first floor, 1800 Washington Boulevard, Baltimore, Maryland, 21230. Comments on this tentative determination to modify Anne Arundel County’s MS4 permit will be accepted by Raymond Bahr, Maryland Department of the Environment, Water and Science Administration, 1800 Washington Boulevard, Baltimore, Maryland, 21230, or raymond.bahr@maryland.gov, if received within 90 days of publication of this notice. The 60-day extension of the comment period allowed for by section 1-606 (d) (1) (ii) of the Maryland Environmental Article is being invoked to extend the usual 30-day comment period to 90 days.  

[18-19-11]

 

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Modify a Stormwater Permit
Baltimore County, Maryland

 

     The Maryland Department of the Environment (MDE) has reached a tentative determination to modify the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer (MS4) permit issued to Baltimore County to control storm drain system pollutant discharges.  MDE has drafted permit modifications designed to comply with the United States Environmental Protection Agency’s (EPA) regulations, control stormwater pollutant discharges from the County’s storm drain system, and allow Baltimore County to use Maryland’s newly authorized nutrient trading program as an option to meet its 20 percent impervious surface restoration requirement.

 

     The EPA regulations (40 CFR Part122.62) and current permit conditions (see PartVII.E.1, Permit Revocation and Modification) allow for NPDES permits to be modified for an appropriate cause.  Baltimore County officially requested a modification of its current permit (Discharge Permit Number 11-DP-3317 MD0068314) on July 18, 2018 to allow the use of nutrient trading to meet the 20 percent impervious surface restoration requirement by the end of the current permit term (i.e., December 23, 2018).  MDE has determined the use of nutrient credits by the County for meeting the 20 percent impervious surface restoration requirement is acceptable.  Therefore, MDE hereby proposes to add a new paragraph that allows for nutrient trading to meet this requirement in PART IV.E.3; and to rename the original permit’s PART IV.E.3 and PART IV.E.4 as PART IV.E.4 and PART IV.E.5, respectively. 

 

     For more information on stormwater management in Maryland or to view the proposed permit modifications go to: https://mde.maryland.gov/programs/Water/StormwaterManagementProgram/Pages/storm_gen_permit.aspx or contact Mr. Raymond Bahr at 410-537-3545 or 1-800-633-6101.  Copies of the document may be procured at a cost of $0.36 per page.  MDE will hold a public hearing concerning the tentative determination to modify Baltimore County’s MS4 permit on Thursday, October 11, 2018 at 5 PM, MDE first floor, 1800 Washington Boulevard, Baltimore, Maryland, 21230. Comments on this tentative determination to modify Baltimore County’s MS4 permit will be accepted by Raymond Bahr, Maryland Department of the Environment, Water and Science Administration, 1800 Washington Boulevard, Baltimore, Maryland, 21230, or raymond.bahr@maryland.gov, if received within 90 days of publication of this notice. The 60-day extension of the comment period allowed for by section 1-606 (d) (1) (ii) of the Maryland Environmental Article is being invoked to extend the usual 30-day comment period to 90 days. 

 

[18-19-09]

 

WATER AND SCIENCE ADMINISTRATION

Tentative Determination to Modify a Stormwater Permit
Prince George’s County, Maryland

 

     The Maryland Department of the Environment (MDE) has reached a tentative determination to modify the National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer (MS4) permit issued to Prince George’s County to control storm drain system pollutant discharges.  MDE has drafted permit modifications designed to comply with the United States Environmental Protection Agency’s (EPA) regulations, control stormwater pollutant discharges from the County’s storm drain system, and allow Prince George’s County to use Maryland’s newly authorized nutrient trading program as an option to meet its 20 percent impervious surface restoration requirement.

 

     The EPA regulations (40 CFR Part122.62) and current permit conditions (see PartVII.E.1, Permit Revocation and Modification) allow for NPDES permits to be modified for an appropriate cause.  Prince George’s County officially requested a modification of its current permit (Discharge Permit Number 11-DP-3314 MD0068284) on August 31, 2018 to allow the use of nutrient trading to meet the 20 percent impervious surface restoration requirement by the end of the current permit term (i.e., January 1, 2019).  MDE has determined the use of nutrient credits by the County for meeting the 20 percent impervious surface restoration requirement is acceptable.  Therefore, MDE hereby proposes to add a new paragraph that allows for nutrient trading to meet this requirement in PART IV.E.3; and to rename the original permit’s PART IV.E.3 and PART IV.E.4 as PART IV.E.4 and PART IV.E.5, respectively. 

 

     For more information on stormwater management in Maryland or to view the proposed permit modifications go to: https://mde.maryland.gov/programs/Water/StormwaterManagementProgram/Pages/storm_gen_permit.aspx or contact Mr. Raymond Bahr at 410-537-3545 or 1-800-633-6101.  Copies of the document may be procured at a cost of $0.36 per page.  MDE will hold a public hearing concerning the tentative determination to modify Prince George’s County’s MS4 permit on Thursday, October 25, 2018 at 5 PM, MDE first floor, 1800 Washington Boulevard, Baltimore, Maryland, 21230. Comments on this tentative determination to modify Prince George’s County’s MS4 permit will be accepted by Raymond Bahr, Maryland Department of the Environment, Water and Science Administration, 1800 Washington Boulevard, Baltimore, Maryland, 21230, or raymond.bahr@maryland.gov, if received within 90 days of publication of this notice. The 60-day extension of the comment period allowed for by section 1-606 (d) (1) (ii) of the Maryland Environmental Article is being invoked to extend the usual 30-day comment period to 90 days. 

 

[18-19-24]

 


 

___________________________________

 

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right to Object or Petition

 

     The following is a list of handguns that the Handgun Roster Board proposes to add to the official handgun roster.  These handguns will be officially placed on the Handgun Roster if no timely objection is received or if all timely objections are dismissed.

     Under the Public Safety Article, §5-405, Annotated Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the placement of any of those handguns on the Handgun Roster. Objections must be filed within 30 days after September 14 , 2018.  In addition, any person may petition for the placement of an additional handgun on the Handgun Roster.  Forms for objections or petitions may be obtained from: Marlene Jenkins, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Pikesville, Maryland 21208.

 

Manufacturer

Model Name

Model Number

Caliber

Additional Explanation

Aldo Uberti (Cimarron Arms)

No. 3 Schofield

N/A

.45 Long Colt

 

Aldo Uberti (Stoeger Ind.)

1873 Cattleman II

356200

.357 Magnum

Caliber Addition

American Tactical

FXH-45

ATIGFXH45

.45 ACP

 

Anderson Mfg.

AM 15 Ext.

 

300 Blackout

 

Browning

1911-22

051808490 051810490

.22 LR

Model Addition(s)

Charter Arms

Mag Pug

74120

.41 Magnum

Caliber Addition

Cimarron Arms (Aldo Uberti)

Model P

M425

44-40 Winchester

Caliber Addition

Colt/Colt Mfg. Co.

1991 AR(America Remembers)

O1991 AR

.45 ACP

Model Addition

Colt/Colt Mfg. Co.

1911 US Army (WW I)

01918

.45 ACP

Model Addition

Colt/Colt. Mfg. Co.

Commander Series 70 Wiley Clapp

09840WC

.45 ACP

 

CZ U.S.A.

CZ 75

SP-01

9mm

Caliber Addition

Daniel Defense

DDMK 18

MK 18

300 Blackout

Caliber Addition

Devil Dogs Arms

DDA 1911

DDA-350, DDA-350R
DDA-425, DDA425R
DDA-500, DDA-500R

9mm, 45 ACP

 

E.A.A./F. Tanfoglio

Witness Stock II (Elite)

600608, 600615

40 S&W , .10mm

Caliber Addition

Ed Brown

1911 Special Forces

1911 SF3-SS

9mm

Caliber Addition

Elite Warrior Armament

P35

N/A

9mm

 

F.A.P LLI Pietta (Cimarron Arms)

Pistolero

 

357 Mag

Model Addition

FN America

FNX 45 Tactical

FNX-45, FNX FDE

.45 ACP

 

FN America

509 Tactical

 

9mm

Model Addition

Franklin Armory

SALUS

XO-26-S

5.56 Nato

 

Freedom Ordnance

FX-9

 

9mm

 

Grand Power (RSA Enterprises, Inc.)

Stribog SP9A1

SP9A1

9mm

 

Kimber

Micro 9 Stainless Rosewood

3037482

9mm

Model Addition

Kimber

Master Carry Pro

3000242

9mm

Caliber Addition

Kimber

Stainless Target LS

3000373,  3000372

.45 ACP, 10mm

Model Addition

Mossberg

590 Shockwave

50649

.410 Gauge

Caliber Addition

Mossberg

500 Compact Cruiser 590A1 Compact Cruiser

51697, 51664, 51695

12 Gauge

Model Addition (Class 3 Restrictions Apply)

Mossberg

590M Shockwave

50208

12 Gauge

Model Addition

Nighthawk Custom

Warhawk Recon

 

.45 ACP, 9mm, 10mm, .38 Super,.40 Cal

Model Addition

Omega

OM10-FS

 

10mm

Caliber Addition

Patriot Ordnance Factory

P 415 Edge Pistol

01513, 01514, 01128

.223 Remington

300 Blackout

Caliber Addition

Remington Arms

Tac 14

 

20 Gauge

Caliber Addition

Remington Arms

1911 R-1 Enhanced Commander

96359

.45 ACP

Model Addition

Smith & Wesson

19-9

12040

357 Magnum

 

Smith & Wesson

Performance Center 19-9 K Comp

12039

357 Magnum

 

Smith & Wesson

Performance Center 629 .44 Magnum Hunter

170318

.44 Magnum

Model Addition

Smith & Wesson

SW 22 Victory Performance Center

12080

.22 LR

 

Smith & Wesson

M&P 45 M2.0 (Compact)

12311

.45 ACP

 

Spikes Tactical

ST 9

 

9mm

 

Springfield Armory

XDS-45 Mod 2

XDS-9 Mod 2

XDSG93345B

XDSG93345BT

XDSG93345BVR

XDSG9339B

XDSG9339BT

.45ACP, 9mm

 

Springfield Armory

911

PG91019S, PG9109

PG9109VG, PG9109SVG

.380 AC{

 

Sturm Ruger

LCRx

05462

.327 Magnum

Caliber Addition

Sturm Ruger

GP 100 Match Champion

1775

10mm

Caliber Addition

Sturm Ruger