Capitol Building Maryland Register

Issue Date: January 17, 2020

Volume 47 •  Issue 2  • Pages 53 —142

IN THIS ISSUE

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 30, 2019 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of December 30, 2019.
 
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 .......................................................................  57

 

COMAR Research Aids

Table of Pending Proposals .............................................................  58

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources .................................  62, 64

09        Maryland Department of Labor .....................................  62, 77

10        Maryland Department of Health ..........................................  81

14        Independent Agencies .......................................................  125

20        Public Service Commission ...............................................  126

31        Maryland Insurance Administration ..............................  62, 63

32        Maryland Department of Aging ........................................  138

33        State Board of Elections ......................................................  61

35        Maryland Department of Veterans Affairs ..........................  63

 

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.

 

Emergency Action on Regulations

33  STATE BOARD OF ELECTIONS

EARLY VOTING

Definitions; General Provisions .  61

SAME DAY REGISTRATION AND ADDRESS CHANGES

Definitions; General Provisions .  61

 

Final Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General  62

09  MARYLAND DEPARTMENT OF LABOR

COMMISSION OF REAL ESTATE APPRAISERS,
   APPRAISAL MANAGEMENT COMPANIES, AND HOME
   INSPECTORS—REAL ESTATE APPRAISERS

Educational Requirements .  62

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Insurance Producers — Continuing Education
   Requirements .  62

INSURERS

Title Insurers .  62

 

Withdrawal of Regulations

31  MARYLAND INSURANCE ADMINISTRATION

UNFAIR TRADE PRACTICES

Valuation of Motor Vehicles .  63

35  MARYLAND DEPARTMENT OF VETERANS AFFAIRS

VETERAN EMPLOYMENT AND TRANSITION SUCCESS
   PROGRAM

General Regulations .  63

 

Proposed Action on Regulations

08  DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General  64

Oysters .  66

Fish .  67

Fishing Licenses—Point Assignment, License Revocation
   and Suspension Schedule and Criteria, and Hearing
   Procedure .  68

Yellow Perch .  75

Gear  75

ENERGY AND COASTAL ZONE ADMINISTRATION

Pollinator-Friendly Designation of Solar Generation
   Facilities . 76

09  MARYLAND DEPARTMENT OF LABOR

COMMISSIONER OF FINANCIAL REGULATION

Credit Reporting Agencies .  77

DIVISION OF LABOR AND INDUSTRY

Elevator, Escalator, and Chairlift Safety .  80

10  MARYLAND DEPARTMENT OF HEALTH

PROCEDURES

Fair Hearing Appeals Under the Maryland State Medical
   Assistance Program ...............................................................  81

MEDICAL CARE PROGRAMS

Establishment, Operation, and Authority for Making
   Capitated Payments for Dual Eligibles Enrolled in Medicare
   Advantage Plans .  81

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program: Managed Care
   Organizations .  81

Maryland Medicaid Managed Care Program: Non-Capitated
   Covered Services ...................................................................  81

Maryland Medicaid Managed Care Program: MCO Dispute
   Resolution Procedures ...........................................................  81

DISEASES

Communicable Diseases and Related Conditions of Public
   Health Importance .  82

HOSPITALS

Nursing Homes .  91

MEDICAL CARE PROGRAMS

Medical Day Care Services .  92

Home and Community-Based Services Waiver for Individuals
   with Brain Injury .  93

LABORATORIES

Biological Agents Registry Program ..  96

SWIMMING POOLS AND SPAS

Public Swimming Pools and Spas .  99

ALCOHOL AND DRUG ABUSE ADMINISTRATION

Prescription Drug Monitoring Program ..  104

NATALIE M. LAPRADE MEDICAL CANNABIS
   COMMISSION

Definitions .  107

Certifying Providers .  107

Patient and Caregiver Identification Cards ..............................  107

Medical Cannabis Grower License ..........................................  107

Medical Cannabis Grower Premises ........................................  107

Inventory Control by Grower ...................................................  107

Medical Cannabis Grower Quality Control  107

Shipment of Products Between Licensees .  107

Medical Cannabis Processor License .  107

Medical Cannabis Processor Premises .  107

Medical Cannabis Processor Operations .  107

Medical Cannabis Dispensary License .  107

Licensed Dispensary Premises .  107

Licensed Dispensary Operations .  107

Dispensing Medical Cannabis .  107

Licensed Dispensary Clinical Director  107

Inspection .  107

Discipline and Enforcement  107

Fee Schedule .  107

14  INDEPENDENT AGENCIES

COMMISSION ON CRIMINAL SENTENCING

Criminal Offenses and Seriousness Categories .  116

INTERAGENCY COMMISSION ON SCHOOL
   CONSTRUCTION

Administration of the Public School Construction
   Program ..  125

Public School Facilities Educational Sufficiency
   Standards .  125

20  PUBLIC SERVICE COMMISSION

SERVICE SUPPLIED BY ELECTRIC COMPANIES

Small Generator Facility Interconnection Standards .  126

31  MARYLAND INSURANCE ADMINISTRATION

INSURANCE PRODUCERS AND OTHER INSURANCE
   PROFESSIONALS

Surplus Lines .  134

INSURERS

Corporate Governance Annual Disclosure .  135

32  MARYLAND DEPARTMENT OF AGING

GRANTS AND SUBSIDIES

Senior Call-Check Service and Notification Program ..  138

 

Errata

COMAR 13A.15.03.03 .  140

COMAR 13A.18.15.03 .  140

COMAR 33.02.04 .  140

 

Special Documents

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF CONFORMANCE
   REVIEWS — PERCUTANEOUS CORONARY
   INTERVENTION SERVICES
......................................  141

 

General Notices

DEPARTMENT OF AGING

Public Meeting .  142

MARYLAND BICYCLE AND PEDESTRIAN ADVISORY
   COMMITTEE

Public Meeting .  142

MARYLAND CORRECTIONAL ENTERPRISES

Public Meeting .  142

HEALTH SERVICES COST REVIEW COMMISSION

Public Meeting .  142

MARYLAND INSURANCE ADMINISTRATION

Public Hearing .  142

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .  142

MARYLAND DEPARTMENT OF TRANSPORTATION/
   OFFICE OF MINORITY BUSINESS ENTERPRISE

Public Meeting .  142

BOARD OF WELL DRILLERS

Public Meeting .  142

YOUTH CAMP SAFETY ADVISORY COUNCIL

Public Meeting .  142

 

 

 

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 2020

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

January 31

January 13

January 17**

January 22

February 14

January 27

February 3

February 5

February 28

February 10

February 14**

February 19

March 13

February 24

March 2

March 4

March 27

March 9

March 16

March 18

April 10

March 23

March 30

April 1

April 24

April 6

April 13

April 15

May 8

April 20

April 27

April 29

May 22

May 4

May 11

May 13

June 5

May 18

May 22**

May 27

June 19

June 1

June 8

June 10

July 6***

June 15

June 22

June 24

July 17

June 29

July 6

July 8

July 31

July 13

July 20

July 22

 

*   Deadlines are for submissions to DSD for publication in the Maryland Register and do not take into account the 15-day AELR review period. Due date for documents containing 8 to 18 pages is 48 hours before the date listed; due date for documents exceeding 18 pages is 1 week before the date listed.

NOTE:  ALL DOCUMENTS MUST BE SUBMITTED IN TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED FORMAT. THE 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.

 

01 EXECUTIVE DEPARTMENT

 

01.02.11.01—.10,.14,.16—.22 • 45:23 Md. R. 1073 (11-9-18)

 

03 COMPTROLLER OF THE TREASURY

 

03.11.01.01—.14 • 46:22 Md. R. 981 (10-25-19)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.02.01.01—.07 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.02.02.01—.12 • 46:1 Md. R. 16 (1-4-19)

05.02.03.01—.07 • 46:1 Md. R. 16 (1-4-19)

05.02.04.01—.18 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.02.06.01,.02 • 46:1 Md. R. 16 (1-4-19)

05.02.07.01—.09 • 46:1 Md. R. 16 (1-4-19) (ibr)

05.16.01.01—.08 • 46:1 Md. R. 16 (1-4-19)

 

07 DEPARTMENT OF HUMAN RESOURCES

 

07.07.13.01—.04 • 46:26 Md. R. 1170 (12-20-19)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.07 • 47:2 Md. R. 64 (1-17-20)

08.02.01.16 • 47:1 Md. R. 20 (1-3-20)

08.02.04.17 • 47:2 Md. R. 66 (1-17-20) (ibr)

08.02.05.02 • 46:26 Md. R. 1171 (12-20-19)

08.02.05.21 • 47:2 Md. R. 67 (1-17-20)

08.02.10.01 • 47:1 Md. R. 21 (1-3-20)

08.02.13.03,.05,.08,.10 • 47:2 Md. R. 68 (1-17-20)

08.02.15.01,.03,.08—.10,.12 • 46:26 Md. R. 1171 (12-20-19)

08.02.21.03 • 47:2 Md. R. 75 (1-17-20)

08.02.25.03 • 46:26 Md. R. 1171 (12-20-19)

08.02.25.09 • 47:2 Md. R. 75 (1-17-20)

08.13.02.01—.04 • 47:2 Md. R. 76 (1-17-20)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.07.02—.08 • 47:2 Md. R. 77 (1-17-20)

09.03.10.04 • 47:1 Md. R. 21 (1-3-20)

09.10.01.20,.28 • 46:26 Md. R. 1175 (12-20-19)

09.10.02.25,.53 • 46:26 Md. R. 1175 (12-20-19)

09.10.03.01-2 • 46:26 Md. R. 1176 (12-20-19)

09.11.07.01 • 46:26 Md. R. 1176 (12-20-19)

09.12 • 46:26 Md. R. 1192 (12-20-19) (err)

09.12.01.28 • 46:15 Md. R. 663 (7-19-19)

09.12.41.19—.24 • 46:25 Md. R. 1134 (12-6-19)

09.12.81.01,.02 • 46:25 Md. R. 1135 (12-6-19)

09.12.81.01-1,.04-1,.07,.08 • 47:2 Md. R. 80 (1-17-20)

09.12.83.01 • 46:25 Md. R. 1135 (12-6-19)

09.13.07.02—.06 • 47:1 Md. R. 22 (1-3-20)

09.22.01.15 • 46:26 Md. R. 1177 (12-20-19)

09.22.02.03,.07 • 46:26 Md. R. 1177 (12-20-19)

09.22.03.02,.07 • 46:26 Md. R. 1178 (12-20-19)

09.24.05.04 • 47:1 Md. R. 23 (1-3-20)

09.26.02.06 • 46:21 Md. R. 898 (10-11-19)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitles 01—08 (1st volume)

 

10.01.04.01 • 47:2 Md. R. 81 (1-17-20)

10.06.01.02—.08-3,.09—11-1,.12—.12-2,
     .14—.25
• 47:2 Md. R. 82 (1-17-20)

10.07.01.06 • 46:26 Md. R. 1178 (12-20-19)

10.07.02.01—.03,.33,.40 • 47:2 Md. R. 91 (1-17-20) (ibr)

 

     Subtitle 09 (2nd volume)

 

10.09.07.03,.05,.08 • 47:2 Md. R. 92 (1-17-20)

10.09.46.01,.03—.05,.07—.09-1,
     .10—.12
• 47:2 Md. R. 93 (1-17-20)

10.09.59.04 • 46:26 Md. R. 1179 (12-20-19)

10.09.78.01—.11 • 47:2 Md. R. 81 (1-17-20)

10.09.89.09—.12 • 47:1 Md. R. 23 (1-3-20)

 

     Subtitles 10 — 22 (3rd Volume)

 

10.10.11.03,.04,.07,.09—.14,.21,.22 • 47:2 Md. R. 96 (1-17-20)

10.12.06.01—.10 • 47:1 Md. R. 24 (1-3-20)

10.14.02.01—.04,.04-1,.04-2,.05—.07,.09,.10,
     .12—.22
• 46:22 Md. R. 992 (10-25-19)

10.15.03.02,.06,.09,.15,.25,.27,.40 • 46:12 Md. R. 559 (6-7-19)

10.15.06.02,.03,.16 • 46:26 Md. R. 1180 (12-20-19) (ibr)

10.15.08.03 • 46:26 Md. R. 1180 (12-20-19) (ibr)

10.17.01.05—.06-1,.07—.11,.25,.28,
     .43,.55
• 47:2 Md. R. 99 (1-17-20)

10.22.17.06—.08 • 46:20 Md. R. 850 (9-27-19)

10.22.18.04 • 46:20 Md. R. 850 (9-27-19)

 

     Subtitles 23 — 36 (4th Volume)

 

10.27.01.01,.05,.10 • 46:14 Md. R. 626 (7-5-19)

10.29.02.04 • 46:22 Md. R. 997 (10-25-19)

10.29.03.01—.08 • 46:22 Md. R. 999 (10-25-19)

10.29.05.05 • 46:22 Md. R. 997 (10-25-19)

10.29.09.03,.04 • 46:22 Md. R. 997 (10-25-19)

10.29.17.04 • 46:22 Md. R. 997 (10-25-19)

10.29.18.02 • 46:22 Md. R. 997 (10-25-19)

 

     Subtitles 37—67 (5th Volume)

 

10.37.01.02 • 46:24 Md. R. 1107 (11-22-19) (ibr)

10.43.16.01—.05 • 46:26 Md. R. 1181 (12-20-19)

10.47.07.02,.04,.05 • 47:2 Md. R. 104 (1-17-20)

10.62.01.01 • 47:2 Md. R. 107 (1-17-20)

10.62.03.01,.03 • 47:2 Md. R. 107 (1-17-20)

10.62.06.01 • 47:2 Md. R. 107 (1-17-20)

10.62.08.02,.08,.12,.13 • 47:2 Md. R. 107 (1-17-20)

10.62.10.07,.08 • 47:2 Md. R. 107 (1-17-20)

10.62.12.02,.09 • 47:2 Md. R. 107 (1-17-20)

10.62.15.05 • 47:2 Md. R. 107 (1-17-20)

10.62.18.05 • 47:2 Md. R. 107 (1-17-20)

10.62.19.02,.07,.10,.11 • 47:2 Md. R. 107 (1-17-20)

10.62.21.06,.07 • 47:2 Md. R. 107 (1-17-20)

10.62.22.02,.03,.07 • 47:2 Md. R. 107 (1-17-20)

10.62.25.02,.08,.11,.12 • 47:2 Md. R. 107 (1-17-20)

10.62.27.07,.09 • 47:2 Md. R. 107 (1-17-20)

10.62.28.02,.03,.05,.06 • 47:2 Md. R. 107 (1-17-20)

10.62.30.03,.04,.06,.10 • 47:2 Md. R. 107 (1-17-20)

10.62.31.01 • 47:2 Md. R. 107 (1-17-20)

10.62.33.04,.06,.08 • 47:2 Md. R. 107 (1-17-20)

10.62.34.04,.06 • 47:2 Md. R. 107 (1-17-20)

10.62.35.01 • 47:2 Md. R. 107 (1-17-20)

10.67.04.15,.25,.27 • 47:2 Md. R. 81 (1-17-20)

10.67.08.03 • 47:2 Md. R. 81 (1-17-20)

10.67.09.03 • 47:2 Md. R. 81 (1-17-20)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.04.01.02,.13 • 46:26 Md. R. 1182 (12-20-19)

11.04.17.01—.12 • 46:26 Md. R. 1182 (12-20-19)

 

     Subtitles 11—23 (MVA)

 

11.11.09.01,.02,.04,.06 • 46:25 Md. R. 1136 (12-6-19)

11.12.05.01—.06 • 46:25 Md. R. 1136 (12-6-19)

11.13.10.03 • 46:25 Md. R. 1136 (12-6-19)

11.15.31.11,.12,.16,.17 • 46:25 Md. R. 1136 (12-6-19)

11.18.02.02,.03 • 46:24 Md. R. 1108 (11-22-19)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.08.01—.07 • 46:26 Md. R. 1183 (12-20-19)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.03,.06—.10,.12 • 46:24 Md. R. 1108 (11-22-19)

13A.05.01.14 • 46:23 Md. R. 1071 (11-8-19)

13A.05.12.01—.03 • 46:23 Md. R. 1072 (11-8-19)

13A.05.13.01—.06 • 46:26 Md. R. 1185 (12-20-19)

13A.07.13.01—.07 • 47:1 Md. R. 26 (1-3-20)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.01.03.01—.09 • 46:24 Md. R. 1111 (11-22-19)

13B.07.06.01—.05 • 46:24 Md. R. 1114 (11-22-19)

 

14 INDEPENDENT AGENCIES

 

14.09.08.01 • 46:25 Md. R. 1138 (12-6-19)

14.09.08.02 • 46:25 Md. R. 1139 (12-6-19)

14.09.12.02 • 46:25 Md. R. 1139 (12-6-19)

14.09.13.07 • 46:24 Md. R. 1115 (11-22-19)

14.22.02.01,.02 • 47:2 Md. R. 116 (1-17-20)

14.35.02.04 • 46:22 Md. R. 1019 (10-25-19)

14.35.03.02—.04 • 46:22 Md. R. 1019 (10-25-19)

14.35.04.04 • 46:22 Md. R. 1019 (10-25-19)

14.35.05.02 • 46:22 Md. R. 1019 (10-25-19)

14.35.07.12,.13,.18,.19 • 46:22 Md. R. 1022 (10-25-19)

14.35.08.06 • 46:22 Md. R. 1019 (10-25-19)

14.35.09.06 • 46:22 Md. R. 1019 (10-25-19)

14.35.12.02,.04,.05,.07,.08 • 46:22 Md. R. 1019 (10-25-19)

14.35.13.02—.05,.09,.10 • 46:22 Md. R. 1019 (10-25-19)

14.39.02.05,.06 • 47:2 Md. R. 125 (1-17-20)

14.39.07.02 • 47:2 Md. R. 125 (1-17-20)

14.40.01.01—.06 • 46:25 Md. R. 1140 (12-6-19)

14.40.02.01—.16 • 46:25 Md. R. 1141 (12-6-19)

14.40.03.01—.11 • 46:25 Md. R. 1143 (12-6-19)

14.40.04.01—.03 • 46:25 Md. R. 1144 (12-6-19)

14.40.05.01—.04 • 46:25 Md. R. 1145 (12-6-19)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.04.01—.17 • 46:23 Md. R. 1073 (11-8-19)

15.01.06.01—.11 • 46:23 Md. R. 1076 (11-8-19)

15.01.12.01—.04 • 46:22 Md. R. 1023 (10-25-19)

15.06.04.06 • 47:1 Md. R. 27 (1-3-20)

 

18 DEPARTMENT OF ASSESSMENTS AND TAXATION

 

18.15.01.02,.06 • 46:25 Md. R. 1146 (12-6-19)

 

20 PUBLIC SERVICE COMMISSION

 

20.45.09.03 • 47:1 Md. R. 28 (1-3-20)

20.50.09.01,.02,.04—.12,.14 • 47:2 Md. R. 126 (1-17-20)

 

24 DEPARTMENT OF COMMERCE

 

24.05.16.01—.11 • 46:23 Md. R. 1077 (11-8-19)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.08.01.01 • 46:3 Md. R. 155 (2-1-19)

26.08.04.01 • 46:3 Md. R. 155 (2-1-19) (ibr)

26.08.04.09,.09-1 • 46:20 Md. R. 860 (9-27-19)

26.11.08.01,.10 • 46:20 Md. R. 862 (9-27-19)

26.11.28.01,.02 • 46:26 Md. R. 1187 (12-20-19)

 

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.08.01.02 • 46:21 Md. R. 941 (10-11-19)

30.08.02.10 • 46:21 Md. R. 941 (10-11-19)

30.08.06.01—.21 • 46:21 Md. R. 941 (10-11-19)

30.09.07.02 • 47:1 Md. R. 29 (1-3-20)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.03.06.10 • 47:2 Md. R. 134 (1-17-20)

31.04.23.01—.04 • 47:2 Md. R. 135 (1-17-20)

31.09.04.03 • 46:2 Md. R. 82 (1-18-19)

                      46:13 Md. R. 604 (6-21-19)

                      46:26 Md. R. 1189 (12-20-19)

31.09.07.02,.03 • 47:1 Md. R. 30 (1-3-20)

31.10.06.02,.28,.30,.31 • 45:23 Md. R. 1119 (11-9-18)

31.10.21.02-1 • 46:25 Md. R. 1146 (12-6-19)

31.10.46.01—.05 • 47:1 Md. R. 30 (1-3-20)

31.10.47.01—.05 • 47:1 Md. R. 30 (1-3-20)

31.10.48.01—.05 • 47:1 Md. R. 30 (1-3-20)

 

32 MARYLAND DEPARTMENT OF AGING

 

32.03.05.01—.07 • 47:2 Md. R. 138 (1-17-20)

 

33 STATE BOARD OF ELECTIONS

 

33.01.01.01 • 46:26 Md. R. 1190 (12-20-19)

33.10.01.17 • 46:23 Md. R. 1078 (11-8-19)

33.13.21.01—.04 • 46:5 Md. R. 326 (3-1-19)

33.19.02.01 • 46:26 Md. R. 1190 (12-20-19)

33.19.04.02 • 46:26 Md. R. 1190 (12-20-19)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.06.01.02,.07 • 46:24 Md. R. 1116 (11-22-19)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.02.03.12 • 47:1 Md. R. 35 (1-3-20)

 

Emergency Action on Regulations

Symbol Key

   Roman type indicates text existing before emergency status was granted.

   Italic type indicates new text.

   [Single brackets] indicate deleted text.

 

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative, Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions, including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends. When emergency status expires, the text of the regulations reverts to its original language.

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Emergency Action

[20-033-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to:

(1) Regulation .02 under COMAR 33.17.01 Definitions; General Provisions; and

(2) Regulation .01 under COMAR 33.19.01 Definitions; General Provisions.

Emergency status began: December 30, 2019.

Emergency status expires: May 5, 2020.

Comparison to Federal Standards

There is no corresponding federal standard to this emergency action.

Economic Impact on Small Businesses

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

 

Subtitle 17 EARLY VOTING

33.17.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-102(i), 9-503,
10-301.1, and 12-106(a), Annotated Code of Maryland

.02 Applicability to Elections.

A. (text unchanged)

B. Early voting is not applicable for special primary and general elections, unless the special election is conducted by mail or the special general election is to run concurrently with the regularly scheduled primary election on April 28, 2020.

 

Subtitle 19 SAME DAY REGISTRATION AND ADDRESS CHANGES

33.19.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-305(e), and
3-306(a), Annotated Code of Maryland

.01 Applicability to Elections.

A.—B. (text unchanged)

C. [Same] For special primary and general elections, same day registration [and address changes are not] is available [for special primary and general elections] on election day.

LINDA H. LAMONE
State Administrator of Elections

 

Final Action on Regulations

 

Symbol Key

   Roman type indicates text already existing at the time of the proposed action.

   Italic type indicates new text added at the time of proposed action.

   Single underline, italic indicates new text added at the time of final action.

   Single underline, roman indicates existing text added at the time of final action.

   [[Double brackets]] indicate text deleted at the time of final action.

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

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

Notice of Final Action

[19-229-F]

On January 7, 2020, the Secretary of Natural Resources adopted amendments to Regulation .05 under COMAR 08.02.01 General. This action, which was proposed for adoption in 46:23 Md. R. 1070—1071 (November 8, 2019), has been adopted as proposed.

Effective Date: January 27, 2020.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 19 COMMISSION OF REAL ESTATE APPRAISERS, APPRAISAL MANAGEMENT COMPANIES, AND HOME INSPECTORS—REAL ESTATE APPRAISERS

09.19.02 Educational Requirements

Authority: Business Occupations and Professions Article, §§16-220,
16-302(d)(1) and (3) and (g), and 16-503(b)(1)(iii), (3), and (4), (e), and (f), Annotated Code of Maryland

Notice of Final Action

[19-206-F]

On December 10, 2019, the Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors adopted amendments to Regulation .01 under COMAR 09.19.02 Educational Requirements. This action, which was proposed for adoption in 46:22 Md. R. 988—990 (October 25, 2019), has been adopted as proposed.

Effective Date: January 27, 2020.

TODD BLACKISTONE
Executive Director

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 03 INSURANCE PRODUCERS AND OTHER INSURANCE PROFESSIONALS

31.03.02 Insurance Producers — Continuing Education Requirements

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

Notice of Final Action

[19-231-F]

On January 3, 2020, the Insurance Commissioner adopted amendments to Regulation .10 under COMAR 31.03.02 Insurance Producers — Continuing Education Requirements. This action, which was proposed for adoption in 46:23 Md. R. 1078 (November 8, 2019), has been adopted as proposed.

Effective Date: January 27, 2020.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Subtitle 04 INSURERS

31.04.22 Title Insurers

Authority: Insurance Article, §§2-108, 2-109, 10-121, and 10-128.1, Annotated Code of Maryland

Notice of Final Action

[19-219-F]

On January 6, 2020, the Insurance Commissioner adopted amendments to Regulations .03 and .04 under COMAR 31.04.22 Title Insurers. This action, which was proposed for adoption in 46:22 Md. R. 1039—1040 (October 25, 2019), has been adopted as proposed.

Effective Date: April 20, 2020.

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Withdrawal of Regulations

Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 15 UNFAIR TRADE PRACTICES

31.15.12 Valuation of Motor Vehicles

Authority: Insurance Article, §27-304.1, Annotated Code of Maryland

Notice of Withdrawal

[19-004-W]

The Insurance Commissioner withdraws the proposal to amend Regulation .03 under COMAR 31.15.12 Valuation of Motor Vehicles, as published in 46:2 Md. R. 84—85 (January 18, 2019).

ALFRED W. REDMER, JR.
Insurance Commissioner

 

Title 35
MARYLAND DEPARTMENT OF VETERANS AFFAIRS

Subtitle 07 VETERAN EMPLOYMENT AND TRANSITION SUCCESS PROGRAM

35.07.01 General Regulations

Authority: State Government Article, §§9-960 and 9-961, Annotated Code of Maryland

Notice of Withdrawal

[19-024-W]

The Secretary of Veterans Affairs withdraws the proposal to adopt new Regulations .01—.04 under a new chapter, COMAR 35.07.01 General Regulations, under a new subtitle, Subtitle 07 Veteran Employment and Transition Success Program, as published in 46:2 Md. R. 88—89 (January 18, 2019).

GEORGE W. OWINGS III
Secretary of Veterans Affairs

 

 

Proposed Action on Regulations

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.01 General

Authority: Natural Resources Article, §4-745, Annotated Code of Maryland

Notice of Proposed Action

[20-024-P]

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

Statement of Purpose

The purpose of this action is to allow guides fishing in the tidal waters of Maryland who are licensed in accordance with Natural Resources Article, §§4-210 and 4-210.1, Annotated Code of Maryland, to buy the charter boat license decal.

The Department may provide by regulation for issuance of a special charter boat license that is valid for all individuals on a charter boat operated by a licensed fishing guide in tidal waters. The charter boat license decal allows the fishing guide licensees to take out paying customers without their customers needing to purchase an individual license for recreational tidal fishing. Currently, the regulation only allows guides with a commercial guide authorization (unlimited tidal fish license, resident fishing guide, nonresident fishing guide, or master fishing guide) to purchase the decal. Effective October 1, 2019, statute allows the charter boat license to be available to additional licensed fishing guides. The additional guides include a guide who provides fishing guide services in tidal waters of Maryland (Type L — limited fishing guide license) and a guide who provides fishing guide services in designated tidal waters of Maryland (Type NTT — freshwater fishing guide license). Guides that are licensed in accordance with Natural Resources Article, §§4-210, 4-210.1, and 4-701, Annotated Code of Maryland, may purchase the license decal. The proposed action amends the wording of the regulation to include the other types of guides so that they may benefit from the legislation — Ch. 259 (H.B. 349), Acts of 2019.

Fishing guides are required to keep records of anglers fishing with them, which allows the State to meet the Federal Saltwater Angler Registry requirements and be exempted from requiring our anglers to pay for that federal registration. The registration requirement is duplicated in this regulation. The proposed action removes the duplicative language. The proposed action removes the requirement that decals be serialized, as the decals have not been serialized for several years, and clarifies the requirement that decals are issued for a specific vessel and must be attached to that vessel.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. There would potentially be an increase in revenue for the Department from the sale of charter boat license decals, a loss in revenue for the Department from individuals who no longer need to purchase a recreational fishing license, and a potential increase in business for fishing guides.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(1) Sale of charter boat decals

(R+)

$5,760

(2) Sale of recreational fishing licenses

(R-)

Indeterminable

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) Fishing guides

(+)

Indeterminable

(2) Recreational anglers

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A(1). There is a potential for an increase in revenue from the sale of charter boat license decals. Purchasing the charter boat license decal is optional. The Department is not able to predict if any of the guides will purchase it. The fee for the charter boat license decal is $240. There are currently 24 fishing guides that can take advantage of the new opportunity. If all 24 purchased the license decal it could be an increase of $5,760 in revenue for the Department.

A(2). There would potentially be a loss in revenue from individuals who fish with a fishing guide and would no longer need to purchase a recreational fishing license. Individuals fishing recreationally with a licensed fishing guide will no longer be required to purchase a recreational fishing license. The Department does not know how many individuals fish with fishing guides during the year so it is unknown how many anglers will be impacted by this change. It is unknown which license type (nontidal or Chesapeake Bay & coastal) or term (annual or short term) individuals currently being guided purchase or if they will no longer purchase that license. The only time an angler does not need the license is when fishing with the guide. They may continue to purchase a fishing license. For those reasons, the economic impact of the license decal on recreational fishing license sales is indeterminable.

D(1). If a guide chooses to purchase the charter boat license decal they will pay an additional $240 per year. There is an additional expense for the license decal, but having the ability to provide the service will give the guides business flexibility and could increase their business. How many guides and to what extent they could benefit depends on their clients. It is indeterminable if not having to purchase a license would make someone more inclined to hire a guide. The 2019 legislation was supported by guides because they believe that having this opportunity could benefit their business.

D(2). Recreational anglers who hire a fishing guide will no longer have the extra expense of purchasing a recreational fishing license. It is unknown which license type (nontidal or Chesapeake Bay & coastal) or term (annual or short term) individuals currently being guided purchase or if they will no longer purchase that license. For those reasons, the economic impact for a recreational angler is indeterminable.

Economic Impact on Small Businesses

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

There would potentially be an increase in business for fishing guides.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Fishing Guide Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.07 Recreational Fishing License and Registration.

A. (text unchanged)

B. Chesapeake Bay and Coastal Sport Fishing License and Registration.

(1) (text unchanged)

(2) Special Licenses.

(a) Charter Boat License. The Department may issue a special charter boat license decal to an individual who pays the fee set forth in Natural Resources Article, §4-745, Annotated Code of Maryland, that is valid [for all individuals on a charter boat operated by a licensed fishing guide] in tidal waters of the State [to an individual who pays the fee set forth in Natural Resources Article, §4-745, Annotated Code of Maryland.] for all individuals on a:

(i) Single vessel operated by a fishing guide licensed in accordance with Natural Resources Article, §§4-210.1 or 4-701, Annotated Code of Maryland; or

(ii) Vessel under the guidance of a fishing guide licensed in accordance with Natural Resources Article, §4-210, Annotated Code of Maryland.

(b) (text unchanged)

(3) License Decals. Except as provided in §B(4) of this regulation, a decal issued in place of a special license described in §B(2) of this regulation:

(a)—(b) (text unchanged)

(c) Shall be color coded, dated, [serialized,] and of a size to be visible; and

(d) Shall, when displayed, exempt all persons aboard the vessel for which the decal was issued or under the guidance of a licensed fishing guide from the requirement of possessing an individual license to fish recreationally[; and

(e) May not exempt persons aboard from the registration requirement set forth in Natural Resources Article, §4-745, Annotated Code of Maryland].

(4) Exemption for License Decals. If the license decal is not permanently affixed to the vessel, all persons aboard the vessel or under the guidance of a licensed fishing guide are exempt from the requirement of possessing an individual license to fish recreationally only if:

(a) The individual who purchased the license decal is present on the vessel for which the decal was issued;

(b)—(c) (text unchanged)

(5)—(7) (text unchanged)

C.—E. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority: Natural Resources Article, §§4-215 and 4-11A-04, Annotated Code of Maryland

Notice of Proposed Action

[20-025-P-I]

The Secretary of Natural Resources proposes to amend Regulation .17 under COMAR 08.02.04 Oysters.

Statement of Purpose

The purpose of this action is to incorporate by reference Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries (November 2019). This document designates each public shellfish fishery area (PSFA) located in the Chesapeake Bay and its tidal tributaries. The proposed action: 1) makes a correction to PSFA 119; and 2) declassifies portions of four PSFAs to allow for shellfish aquaculture.

By law, leases for shellfish aquaculture cannot be located within a PSFA, or within 150 feet of a PSFA. However, if a proposed lease area meets certain criteria the PSFA may be declassified and a lease can be issued in that location. A person may petition the Department to declassify a portion of a PSFA for the purpose of issuance of a commercial shellfish aquaculture lease in conjunction with submission of an application for a lease within a PSFA. The Department has received five submerged land lease applications for areas that are either wholly or partially located within an existing PSFA. The criteria for declassifying a PSFA are not affected by this proposed action and are described in the COMAR 08.02.04.17B.

The Department’s resource surveys of the areas indicate that all of the areas meet the minimum criteria for declassification, are therefore no longer viable for the commercial fishery, and may be declassified. Since a lease is not allowed to be located within 150 feet of a PSFA, each declassification includes the proposed lease area and the required 150 foot buffer around the proposed lease. The buffers will remain open to oyster harvest following declassification. Once the areas are declassified, the Department will issue shellfish aquaculture leases to the applicants. The shellfish aquaculture operations established at these locations will result in rehabilitated oyster bottom that can provide both ecological and economic benefits consistent with the Department’s resource management and economic development goals.

PSFA 119

The proposed action inserts the required buffer between PSFA 119 and existing Shellfish Lease CA 603. The area is located in the Patuxent River. A regulation change, effective February 2019, eliminated two aquaculture enterprise zones and converted the areas into PSFAs. Shellfish Lease CA 603 was adjacent to one of the aquaculture enterprise zones. The buffer area around the leased area was inadvertently removed during that regulation change. Recognizing that a buffer between the PSFA and Shellfish Lease CA 603 existed prior to the removal of the adjacent aquaculture enterprise zone, and that a buffer is required by law for all shellfish leases issued within a PSFA after September of 2011, the proposed action reinserts a buffer area between PSFA 119 and the lease.

PSFA 134

The proposed action declassifies a portion of PSFA 134 by modifying the boundaries to exclude an approximately 31-acre portion located in the Wicomico River, St. Mary’s County. The declassification was requested in shellfish aquaculture lease application #400 (Hayden & Hayden). The proposed lease area is 24.8 acres. The Department evaluated harvest data and conducted a biological survey of the proposed lease site on June 6, 2019 and determined that there are very few oysters present in this location. The lease application meets the requirements of COMAR 08.02.23.03, and the Department has determined it may be approved in accordance with Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland. Consequently, the proposed lease area meets the regulatory criteria for declassifying this portion of the PSFA.

PSFA 136

The proposed action declassifies a portion of PSFA 136 by modifying the boundaries to exclude an approximately 46.7-acre portion located in Wicomico River, Charles County. The declassification was requested in shellfish aquaculture lease application #410 (Jones & Rice). The proposed lease area is 28.3 acres. The Department evaluated harvest data and conducted a biological survey of the proposed lease site on April 2, 2019 and determined that there are no oysters or oyster bottom present in this location. The lease application meets the requirements of COMAR 08.02.23.03, and the Department has determined it may be approved in accordance with Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland. Consequently, the proposed lease area meets the regulatory criteria for declassifying this portion of the PSFA.

PSFA 140

The proposed action declassifies a portion of PSFA 140 by modifying the boundaries to exclude an approximately 7.7-acre portion located in St. Clement’s Bay, St. Mary’s County. The declassification was requested in shellfish aquaculture lease application #399 (Hayden & Hayden). The proposed lease area is 31.5 acres, 2.5 acres of which is located within PSFA 140. The Department evaluated harvest data and conducted a biological survey of the proposed lease site on June 6, 2019 and determined that there are no oysters or oyster bottom present in this location. The lease application meets the requirements of COMAR 08.02.23.03, and the Department has determined it may be approved in accordance with Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland. Consequently, the proposed lease area meets the regulatory criteria for declassifying this portion of the PSFA.

PSFA 156

The proposed action declassifies a portion of PSFA 156 by modifying the boundaries to exclude an approximately 33.6-acre portion, located in Smith Creek, St. Mary’s County. The boundaries are modified in order to issue two submerged land leases to the applicants. The adjoining proposed lease areas are 7.8 acres and 9.5 acres, respectively.

The declassification of the proposed 7.8-acre lease area and its required buffer was requested in shellfish aquaculture lease application #421 (Morris, III). The Department evaluated harvest data and conducted a biological survey of the proposed lease site on March 20, 2019 and determined that there are essentially no oysters (one single live oyster was found) and no oyster bottom present in this location. The lease application meets the requirements of COMAR 08.02.23.03, and the Department has determined it may be approved in accordance with Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland. Consequently, the proposed lease area meets the regulatory criteria for declassifying this portion of the PSFA.

The declassification of the proposed 9.5-acre lease area and its required buffer was requested in shellfish aquaculture lease application #422 (Morris & Morris). The Department evaluated harvest data and conducted a biological survey of the proposed lease site on March 20, 2019 and determined that there are no oysters or oyster bottom present in this location. The lease application meets the requirements of COMAR 08.02.23.03, and the Department has determined it may be approved in accordance with Natural Resources Article, Title 4, Subtitle 11A, Annotated Code of Maryland. Consequently, the proposed lease area meets the regulatory criteria for declassifying this portion of the PSFA.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may have an economic impact on the regulated industry.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(1) PSFA declassification — aquaculturists

(+)

Indeterminable

(2) PSFA declassification — commercial harvesters

NONE

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.)

D(1). If issued, the proposed lease sites will allow for the development of commercial aquaculture businesses in the name of the applicants. The direct economic impacts to the applicants are indeterminable. However, because these will be commercial operations, it is assumed that the applicants will be receiving revenue from the aquaculture activity that is proposed at these sites.

D(2). This action will remove approximately 119 acres of bottom from the existing public shellfish fishery areas. The process for declassification of a public shellfish fishery area is set forth in COMAR 08.02.04.17. Resource surveys of each of the areas yielded a density of oysters below the minimum threshold necessary to consider the bottom viable for the commercial oyster fishery. Therefore, removing the acres should have no economic impact for commercial fishermen.

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 lease sites will allow for the development of commercial aquaculture businesses in the name of the applicants. The direct economic impacts to the applicants are indeterminable. However, because these will be commercial operations, it is assumed that the applicants will be receiving revenue from the aquaculture activity that is proposed at the sites.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to PSFA Regulations, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through February 18, 2020. 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 document entitled Public Shellfish Fishery Areas of the Chesapeake Bay and its Tidal Tributaries (November 2019) 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 47:1 Md. R. 9 (January 3, 2020), 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. 

.17 Public Shellfish Fishery Area.

A. Public Shellfish Fishery Areas of the Chesapeake Bay and Its Tidal Tributaries [(September 2018)] (November 2019) designates public shellfish fishery areas in the Chesapeake Bay and its tidal tributaries and is hereby incorporated by reference.

B. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.05 Fish

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

Notice of Proposed Action

[20-014-P]

The Secretary of Natural Resources proposes to amend Regulation .21 under COMAR 08.02.05 Fish.

Statement of Purpose

The purpose of this action is to update requirements for gear used to catch black sea bass. Black sea bass is managed jointly by the Atlantic States Marine Fisheries Commission and the Mid-Atlantic Fishery Management Council under Amendment 13 to the Summer Flounder, Scup and Black Sea Bass Fishery Management Plan (August 2002) and its subsequent addenda (Addenda XII—XXXII). The objectives of the fishery management plan are to reduce fishing mortality to assure overfishing does not occur, reduce fishing mortality on immature black sea bass to increase spawning stock biomass, improve yield from the fishery, promote compatible regulations among states and between federal and state jurisdictions, promote uniform and effective enforcement, and minimize regulations necessary to achieve the stated objectives.

The fishery management plan for black sea bass specifies the threshold that governs trawl mesh size. The mesh size of a net determines what size fish are captured by a net. The larger the mesh size, the larger the size of the fish that are retained by the net. Mesh size regulations are used to decrease retention of fish smaller than the legal size. The goal is to retain only legal size fish. Trawl catch mesh thresholds are put into place to decrease by catch of sub-legal fish. Only a small incidental catch of the target species is allowed to be retained before a required mesh size is regulated to be used. The threshold is that amount of fish that may be retained before the required mesh size of larger must be used. Maryland is required to comply with the provisions of the fishery management plan. The proposed action updates the thresholds that require a certain mesh size in a trawl.

The fishery management plan for black sea bass requires that black sea bass traps or pots must contain two escape vents and one ghost panel affixed to the trap or pot with degradable fasteners and hinges. The opening to be covered by the ghost panel must measure at least 3 inches by 6 inches. Maryland regulations currently do not require two escape vents nor do they have the size requirement for the opening. The proposed action adds a requirement for an additional escape vent and the size of the panel to ensure Maryland’s compliance with the fishery management plan.

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 Black Sea Bass Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.21 Black Sea Bass.

A.—C. (text unchanged)

D. Gear Restrictions.

(1) Trawls.

[(a) Except for an individual possessing less than 50 pounds of black sea bass per trip, an individual may not use a trawl to catch black sea bass with mesh less than 4-1/2 inches stretched mesh size throughout the net or a minimum of 75 meshes in the codend.]

(a) Except for an individual landing less than a total of 500 pounds of black sea bass from January 1 through March 31 or 100 pounds of black sea bass from April 1 through December 31, a person may not use a trawl with mesh less than 4-1/2 inch diamond mesh applied throughout the:

(i) Codend for at least 75 continuous meshes forward of the end of the net; or

(ii) Entire net for codends with fewer than 75 meshes.

(b) (text unchanged)

(2) Pots and Traps. A pot or trap used to catch black sea bass shall have:

(a) [An] Two unobstructed escape [vent of] vents located in the parlor portion of the trap that are each at least a:

(i)—(iii) (text unchanged)

(b) [Hinges] One panel or door that is a minimum of 3 inches by 6 inches that has hinges and fasteners [on a panel or door] made of one of the following degradable materials:

(i)—(iii) (text unchanged)

E.—F. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

08.02.13 Fishing Licenses—Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure

Authority: Natural Resources Article, §§4-206, 4-220, 4-701, 4-745, and
4-1201, Annotated Code of Maryland

Notice of Proposed Action

[20-026-P]

     The Secretary of Natural Resources proposes to amend Regulations .03, .05, .08, and .10 under COMAR 08.02.13 Fishing Licenses — Point Assignment, License Revocation and Suspension Schedule and Criteria, and Hearing Procedure.

Statement of Purpose

The purpose of this action is to update the commercial, recreational, charter, and seafood dealer license suspension and revocation schedules. This update will better deter potential violators from committing illegal acts, protect the State’s fisheries resources, and update certain references to statute and regulation. Prior to considering changes or updates to the penalty regulations under COMAR 08.02.13, the Department consults with the Joint Penalty Workgroup of the Tidal and Sport Fisheries Advisory Commissions.

The commercial penalty system will be updated by adding violations of public notices to oyster violations, buy station violations, soft-shell clam refrigeration requirements, black sea bass catch limits, shellfish sanitation violations other than waste bucket violations, soft-shell clam size limits, refusal to allow inspection of catch by the Natural Resources Police, adjusting oyster tagging violations from number of bushels to percentage of catch, adding additional tiers for violations of shellfish harvest in Maryland Department of Environment polluted areas and egg-bearing crab violations, and adding additional authority for certain offenses.

The recreational penalty system will be updated by clarifying the activities prohibited during a period of suspension, adding suspensions for exceeding the number of allowable crab pots, egg-bearing female crab violations, exceeding the oyster daily catch limit, violations of oyster harvest times, failing to kill a snakehead upon retention, violating an oyster area that has been closed by public notice, adding a tier for yellow perch that was inadvertently omitted in previous versions of the recreational penalty system, adding tiers of suspension for certain egregious striped bass violations, and adding additional authority for certain offenses.

The charter penalty system will be updated by adding additional authority for certain offenses.

The seafood dealer penalty system will be updated by adding failing to be licensed as a buy station when buying oysters, as well as additional authority for certain offenses.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may have an economic impact on suspended or revoked licensees, but the extent of the impact is indeterminable.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

Licensees

(-)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

D. The proposed action may have a negative impact on licensees who are suspended or have their licenses revoked based on committing one of the listed offenses. However, it is not possible to determine the number of individuals who may violate the listed laws, nor is it possible to determine to what extent the suspension or revocation would economically impact the individual or individuals.

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 regulation may have a meaningful economic impact on small businesses which violate the law and are therefore suspended or revoked from their commercial fishing activities. It is not possible to predict how many businesses will violate the law and therefore receive suspensions or revocations, or to what extent such suspension or revocation would economically impact those businesses. The proposed action may have a meaningful positive economic impact on small businesses which do not violate the law as well, by allowing for more harvest by law-abiding licensees. It is not possible to predict how many businesses will violate the law and therefore receive suspensions or revocations, or to what extent such suspension or revocation would economically benefit the remaining law-abiding 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 Penalty System Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.03 Point Assignment Schedule.

A.—B. (text unchanged)

C. Tier I. The following violations are Tier I violations. A person who receives a conviction for a Tier I violation receives 5 points.

 

Statute or Regulation

Description

1

4-1105, 4-1009.1, 4-1014, 4-1014.1, 4-1014.2, 4-1014.3, COMAR 08.02.04.11, COMAR 08.02.04.13, COMAR 08.02.04.14, COMAR 08.02.04.15

Harvesting Oysters on Closed Areas, Reserved Areas, or Sanctuaries: less than 50 feet within an area

2

4-215, COMAR 08.02.04.04

Untagged Oysters: [2 Containers] 25%—49% of Catch

3

4-1012, COMAR 08.02.04.11, COMAR 08.02.04.12

Dredging for Oysters in Prohibited Areas: less than 150 feet within an area

4

4-1013(e), COMAR 08.02.04.09

Dredging for Oysters on Areas Reserved for Tongers: less than 150 feet within an area

5—6

(text unchanged)

7

4-1006(b)

Harvesting Oysters or Clams in a Polluted Area: [less than 150] 50—100 feet over the pollution line

8—20

(text unchanged)

21

COMAR 08.02.02.07

Failure to Protect Soft-Shell Clam from Contamination

[21] 22

[49] 50

(text unchanged)

51

COMAR 08.02.05.21

20%—49% over Black Sea Bass Quota

[50] 52

4-740, COMAR 08.02.11.04, COMAR 08.02.11.06, COMAR 08.02.05.28

Unlawfully Taking or Possessing Walleye or Walleyed Pike

[51] 53

[68] 70

(text unchanged)

 

D. Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points.

 

Statute or Regulation

Description

1

(text unchanged)

2

4-1006(b)

Harvesting Oysters or Clams in a Polluted Area: 101—150 feet over the pollution line

[2] 3

(text unchanged)

[3] 4

COMAR 08.02.04.03B-C, 4-215, COMAR 08.02.04.11

Time for Taking Oysters:
   (a) more than 2 hours after sunset;
   (b) any time before sunrise; or
   (c) on a closed day

[4] 5

4-1009(a), COMAR 08.02.04.11

Unlawfully Taking Seed Oysters During a Closed Season

[5] 6

4-1009(b)—(d), 4-1015.1(b), COMAR 08.02.04.06, COMAR 08.02.04.11

Exceeding Oyster Daily Catch Limit: 10%—24% over catch limit

[6] 7

(text unchanged)

8

08.02.04.03

Violation of National Shellfish Sanitation Program — Other Than Waste Bucket Violation

[7] 9

(text unchanged

10

COMAR 08.02.02.05

Minimum Size Limit for Soft-Shell Clams: 2 bushels or more with 25% or more undersized clams

[8] 11

[9] 12

(text unchanged)

[10] 13

COMAR 08.02.03.08, 4-803, 4-215

Violating Regulations Pertaining to Egg-Bearing Female Crabs: 10—39 Egg-Bearing Female Crabs in a Bushel

[11] 14

[23] 26

(text unchanged)

27

COMAR 08.02.05.21

50%—99% over Black Sea Bass Quota

[24] 28

[26] 30

(text unchanged)

31

4-701

Failure to Allow Inspection

 

E. Tier III. The following violations are Tier III violations. A person who receives a conviction for a Tier III violation receives 15 points.

 

Statute or Regulation

Description

1—3

(text unchanged)

4

4-1009(b)—(d), 4-1015.1(b), COMAR 08.02.04.06, COMAR 08.02.04.11

Exceeding Oyster Daily Catch Limit: 25% or more over catch limit

5

4-215, COMAR 08.02.04.04

Untagged Oysters: [3—5 Containers] 50%—74% of Catch

6

4-1012, COMAR 08.02.04.11, COMAR 08.02.04.12

Power Dredging in Prohibited Areas: 150 feet or more within an area

7

(text unchanged)

8

4-1105, 4-1009.1, 4-1014, 4-1014.1, 4-1014.2, 4-1014.3, COMAR 08.02.04.11, COMAR 08.02.04.13, COMAR 08.02.04.14, COMAR 08.02.04.15

Harvesting Oysters on Closed Areas, Reserved Areas, or Sanctuaries: 50—149 feet within an area

9

4-1006(b)

Harvesting Oysters or Clams in a Polluted Area: [150] 151—200 feet or more over the pollution line

10—12

(text unchanged)

13

COMAR 08.02.03.08, 4-803, 4-215

Violating Regulations Pertaining to Egg-Bearing Female Crabs: 40 or More Egg-Bearing Female Crabs in a Bushel

[13] 14

[23] 24

(text unchanged)

25

COMAR 08.02.05.21

100% or More over Black Sea Bass Quota

[24] 26

[29] 31

(text unchanged)

 

F. Tier IV. The following violations are Tier IV violations. A person who receives a conviction for a Tier IV violation receives 20 points.

 

Statute or Regulation

Description

1

(text unchanged)

2

4-215, COMAR 08.02.04.04

Untagged Oysters: [6—9 Containers] 75%—99% of Catch

3

4-1006(b)

Harvesting Oysters or Clams in a Polluted Area: 201—250 feet over the pollution line

[3] 4

[10] 11

(text unchanged)

[11] 12

4-710, COMAR 08.02.05.02

Using a Single Strand Monofilament Gill Net Other Than Allowed by the Department

[12] 13

[13] 14

(text unchanged)

 

G. Tier V. The following violations are Tier V violations. A person who receives a conviction for a Tier V violation receives 25 points.

 

Statute or Regulation

Description

1—2

(text unchanged)

3

4-1006(b)

Harvesting Oysters or Clams in a Polluted Area: 251—300 feet over the pollution line

[3] 4[7] 8

(text unchanged)

 

H. Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points.

 

Statute or Regulation

Description

1—2

(text unchanged)

3

08.02.08.02

Operating as Buy Station Without a Required License — Second or Subsequent Offense

[3] 4

[4] 5

(text unchanged)

[5] 6

4-215, COMAR 08.02.04.04

Untagged Oysters: [10 or More Containers] 100% of Catch

[6] 7

4-1105, 4-1009.1, 4-1014, 4-1014.1, 4-1014.2, 4-1014.3, COMAR 08.02.04.11, COMAR 08.02.04.13, COMAR 08.02.04.14, COMAR 08.02.04.15

Harvesting Oysters on Closed Areas, Reserved Areas, or Sanctuaries: 150—249 feet within an area

8

4-1006(b)

Harvesting Oysters or Clams in a Polluted Area: 301—350 feet over the pollution line

[7] 9

[13] 15

(text unchanged)

 

I. Tier VII. The following violations are Tier VII violations. A person who receives a conviction for a Tier VII violation receives 35 points.

 

Statute or Regulation

Description

1

4-1105, 4-1009.1, 4-1014, 4-1014.1, 4-1014.2, 4-1014.3, COMAR 08.02.04.11, COMAR 08.02.04.13, COMAR 08.02.04.14, COMAR 08.02.04.15

Harvesting Oysters on Closed Areas, Reserved Areas, or Sanctuaries: 250  feet or more within an area

2

4-1006(b)

Harvesting Oysters or Clams in a Polluted Area: 351 feet or more over the pollution line

[2] 3[3] 4

(text unchanged)

 

J.—K. (text unchanged)

.05 Recreational Fishing Suspension and Revocation.

A. Any person who is convicted of an [offence] offense under §§D—[H] I of this regulation or similar [offences] offenses under federal law in Maryland may:

(1) (text unchanged)

(2) Be prohibited from engaging in any recreational fishing for the period of time described in §§D—[H] I of this regulation; [and]

(3) Be prohibited from applying for any recreational fishing licenses for the period of time described in §§D—[H] I of this regulation[.]; and

(4) Not engage in any recreational fishing activities during a resulting period of suspension.

B.—D. (text unchanged)

E. A person who receives one of the following violations may be suspended for up to 90 days.

 

Statute or Regulation

Description

(1)

COMAR 08.02.04.02, COMAR 08.02.04.11

Time for Catching Oysters — Recreational

[(1)] (2)

[(2)] (3)

(text unchanged)

(4)

COMAR 08.02.03.07

Exceeding Allowable Number of Recreational Crab Pots: More Than 5 Pots

(5)

COMAR 08.02.03.08

Possession of Egg-Bearing Female Crabs: 6—10 per bushel

[(3)] (6)

[(7)] (10)

(text unchanged)

(11)

COMAR 08.02.04.02, COMAR 08.02.04.11

Oysters — Exceeding Daily Catch Limit by Less Than 1 Bushel

[(8)] (12)[(55)] (59)

(text unchanged)

 

F. A person who receives one of the following violations may be suspended for up to 180 days.

 

Statute or Regulation

Description

(1)

(text unchanged)

(2)

08.02.04.02, COMAR 08.02.04.11

Oystering During a Closed Season

(3)

(text unchanged)

(4)

COMAR 08.02.03.08

Possession of Egg-Bearing Female Crabs: 11—15 per bushel

[(4)] (5)

[(6)] (7)

(text unchanged)

(8)

COMAR 08.02.04.02, COMAR 08.02.04.11

Oysters — Exceeding Daily Catch Limit by 1 Bushel or More

[(7)] (9)[(42)] (44)

(text unchanged)

[(43)] (45)

COMAR 08.02.11.04A(1), COMAR 08.02.11.06

Season Violations — Nontidal Waters

[(44)] (46)

COMAR 08.02.11.04A(2), COMAR 08.02.11.06

Exceeding Daily Catch or Possession Limits — Nontidal

[(45)] (47)[(59)] (61)

(text unchanged)

(62)

COMAR 08.02.19.06

Failure to Immediately Kill Snakehead upon Retention (First Offense)

(63)

COMAR 08.02.21.02B

Size Limits — Yellow Perch: 7—10 fish

(64)

COMAR 08.02.21.02C

Daily Catch Limit — Yellow Perch: 7—10 fish over daily catch limit

 

G. A person who receives one of the following violations may be suspended for up to [365 days] 1 year.

 

Statute or Regulation

Description

(1)—(8)

(text unchanged)

(9)

4-743, 4-1009.1, 4-1014, 4-1014.1, 4-1014.2, 4-1014.3, 4-1105, [COMAR 08.02.04.13,] COMAR 08.02.04.14, COMAR 08.02.04.15

Harvesting Oysters on Closed Areas, Polluted Areas, Reserved Areas, or Sanctuaries

(10)

COMAR 08.02.04.11

Harvesting Oysters on Area Closed by Public Notice — Second or Subsequent Offense

[(10)] (11)[(12)] (13)

(text unchanged)

(14)

COMAR 08.02.03.08

Possession of Egg-Bearing Female Crabs: 16 or more per bushel

[(13)] (15)[(54)] (56)

(text unchanged)

[(55)] (57)

COMAR 08.02.05.26B

Catch or [Posses] Possess Billfish During a Closed Season

[(56)] (58)[(75)] (77)

(text unchanged)

[(76)] (78)

COMAR 08.02.15.09A

Daily Catch Limit — Striped Bass — Early Season — Chesapeake: 4 [or more]—10 fish over daily catch limit

[(77)] (79)

COMAR 08.02.15.09B

Daily Catch Limit — Striped Bass — Summer and Fall Season — Chesapeake: 4 [or more]—10 fish over daily catch limit

[(78)] (80)

COMAR 08.02.15.09C

Daily Catch Limit — Striped Bass — General — Chesapeake: 4 [or more]—10 fish over daily catch limit

[(79)] (81)

COMAR 08.02.15.09A

Size Limits — Striped Bass — Early Season: 4 [or more]—10 fish

[(80)] (82)

COMAR 08.02.15.09B

Size Limits — Striped Bass — Summer and Fall Season — Chesapeake: 4 [or more]—10 fish

[(81)] (83)

COMAR 08.02.15.09C

Size Limits — Striped Bass — General — Chesapeake: 4 [or more]—10 fish

[(82)] (84)

COMAR 08.02.15.10B

Daily Catch Limit — Striped Bass — Summer and Fall Season — Potomac River Tributaries: 4 [or more]—10 fish over daily catch limit

[(83)] (85)

COMAR 08.02.15.10C

Size Limits — Striped Bass — Summer and Fall Season — Potomac River Tributaries : 4 [or more]—10 fish

[(84)] (86)

COMAR 08.02.15.11A

Size Limits — Striped Bass — Atlantic Ocean and Coastal Bays: 4 [or more]—10 fish

[(85)] (87)

COMAR 08.02.15.11B

Daily Catch Limit — Striped Bass — Atlantic Ocean and Coastal Bays: 4 [or more]—10 fish over daily catch limit

[(86)] (88)

COMAR 08.02.15.08B

Size Limits — Striped Bass — Spring Season: 4 [or more]—10 fish under minimum size

[(87)] (89)

COMAR 08.02.15.08C

Daily Catch Limit — Striped Bass — Spring Season: 4 [or more]—10 fish over daily catch limit

[(88)] (90)

[(89)] (91)

(text unchanged)

[(90)] (92)

COMAR 08.02.15.12B

Possession of Striped Bass Between Midnight and 5 a.m.: 4 [or more]—10 fish

[(91)] (93)[(92)] (94)

(text unchanged)

[(93)] (95)

COMAR 08.02.15.12H

Violation of Striped Bass Public Notice: 4 [or more]—10 fish

(96)

COMAR 08.02.19.06

Failure to Immediately Kill Snakehead upon Retention (Second or Subsequent Offense)

[(94)] (97)[(105)] (108)

(text unchanged)

 

H. A person who receives one of the following violations may be suspended for up to [730 days] 2 years.

 

Statute or Regulation

Description

(1)—(3)

(text unchanged)

(4)

COMAR 08.02.15.09A

Daily Catch Limit — Striped Bass — Early Season — Chesapeake: 11—20 fish over daily catch limit

(5)

COMAR 08.02.15.09B

Daily Catch Limit — Striped Bass — Summer and Fall Season — Chesapeake: 11—20 fish over daily catch limit

(6)

COMAR 08.02.15.09C

Daily Catch Limit — Striped Bass — General — Chesapeake: 11—20 fish over daily catch limit

(7)

COMAR 08.02.15.09A

Size Limits — Striped Bass — Early Season: 11—20 fish

(8)

COMAR 08.02.15.09B

Size Limits — Striped Bass — Summer and Fall Season — Chesapeake: 11—20 fish

(9)

COMAR 08.02.15.09C

Size Limits — Striped Bass — General — Chesapeake: 11—20 fish

(10)

COMAR 08.02.15.10B

Daily Catch Limit — Striped Bass — Summer and Fall Season — Potomac River Tributaries: 11—20 fish over daily catch limit

(11)

COMAR 08.02.15.10C

Size Limits — Striped Bass — Summer and Fall Season — Potomac River Tributaries: 11—20 fish

(12)

COMAR 08.02.15.11A

Size Limits — Striped Bass — Atlantic Ocean and Coastal Bays: 11—20 fish

(13)

COMAR 08.02.15.11B

Daily Catch Limit — Striped Bass — Atlantic Ocean and Coastal Bays: 11—20 fish over daily catch limit

(14)

COMAR 08.02.15.08B

Size Limits — Striped Bass — Spring Season: 11—20 fish under minimum size

(15)

COMAR 08.02.15.08C

Daily Catch Limit — Striped Bass — Spring Season: 11—20 fish over daily catch limit

(16)

COMAR 08.02.15.12B

Possession of Striped Bass Between Midnight and 5 a.m.: 11—20 fish

(17)

COMAR 08.02.15.12H

Violation of Striped Bass Public Notice: 11—20 fish

 

I. A person who receives one of the following violations may be suspended for up to 5 years.

 

Statute or Regulation

Description

(1)

COMAR 08.02.15.09A

Daily Catch Limit — Striped Bass — Early Season — Chesapeake: 21 or more fish over daily catch limit

(2)

COMAR 08.02.15.09B

Daily Catch Limit — Striped Bass — Summer and Fall Season — Chesapeake: 21 or more fish over daily catch limit

(3)

COMAR 08.02.15.09C

Daily Catch Limit — Striped Bass — General — Chesapeake: 21 or more fish over daily catch limit

(4)

COMAR 08.02.15.09A

Size Limits — Striped Bass — Early Season: 21 or more fish

(5)

COMAR 08.02.15.09B

Size Limits — Striped Bass — Summer and Fall Season — Chesapeake: 21 or more fish

(6)

COMAR 08.02.15.09C

Size Limits — Striped Bass — General — Chesapeake: 21 or more fish

(7)

COMAR 08.02.15.10B

Daily Catch Limit — Striped Bass — Summer and Fall Season — Potomac River Tributaries: 21 or more fish over daily catch limit

(8)

COMAR 08.02.15.10C

Size Limits — Striped Bass — Summer and Fall Season — Potomac River Tributaries: 21 or more fish

(9)

COMAR 08.02.15.11A

Size Limits — Striped Bass — Atlantic Ocean and Coastal Bays: 21 or more fish

(10)

COMAR 08.02.15.11B

Daily Catch Limit — Striped Bass — Atlantic Ocean and Coastal Bays: 21 or more fish over daily catch limit

(11)

COMAR 08.02.15.08B

Size Limits — Striped Bass — Spring Season: 21 or more fish under minimum size

(12)

COMAR 08.02.15.08C

Daily Catch Limit — Striped Bass — Spring Season: 21 or more fish over daily catch limit

(13)

COMAR 08.02.15.12B

Possession of Striped Bass Between Midnight and 5 a.m.: 21 or more fish

(14)

COMAR 08.02.15.12H

Violation of Striped Bass Public Notice: 21 or more fish

 

[I.] J. Any person who in any 8 year period receives five suspensions for violations as described in §§F[, G, or H]—I of this regulation may be prohibited from engaging in all recreational fishing activities for 5 years.

[J.] K.[M.] N. (text unchanged)

.08 Charter Boat/Fishing Guide Point Assignment Schedule.

A. For each conviction of a chargeable violation listed in §§D—[Jof] J of this regulation, the Department shall enter on the record of a fishing guide the number of points listed for that particular [offence] offense. Points accumulated under this regulation only apply to the entitlement to guide fishing parties or suspension or revocation of a tidal fish license or authorization to guide fishing parties.

B. The number of points specified in §§D—[Jof] J of this regulation shall be assessed against a fishing guide for each conviction.

C.—D. (text unchanged)

E. Tier II. The following violations are Tier II violations. A fishing guide who receives a conviction for a Tier II violation receives 10 points.

 

Statute or Regulation

Description

(1)—(3)

(text unchanged)

(4)

COMAR 08.02.11.04C(2)(a)(ii), COMAR 08.02.11.06

Exceeding Trout Creel or Possession Limits in Other Areas

(5)

COMAR 08.02.11.04C(2)(i), COMAR 08.02.11.06

Exceeding Creel or Possession Limits — Nontidal Waters

(6)—(50)

(text unchanged)

 

F. Tier III. The following violations are Tier III violations. A fishing guide who receives a conviction for a Tier III violation receives 15 points.

 

Statute or Regulation

Description

(1)—(9)

(text unchanged)

(10)

COMAR [08.02.05.01A] 08.02.25.02, COMAR 08.02.25.03

Unlawfully Fishing with a Spear Gun

(11)

COMAR [08.02.05.01B] 08.02.25.02, COMAR 08.02.25.03

Unlawfully Fishing with a Bow and Arrow

(12)

COMAR [08.02.05.01C] 08.02.25.02, COMAR 08.02.25.03

Fish Snagging

(13)—(78)

(text unchanged)

(79)

COMAR 08.02.11.04C(1)(d)—(e), COMAR 08.02.11.06

Taking/Possessing Bass During Closed Season

(80)

COMAR 08.02.11.04C(1)(a)—(n), COMAR 08.02.11.06

Season Violations — Nontidal Waters

(81)—(89)

(text unchanged)

G.—K. (text unchanged)

.10 Seafood Dealer Penalties.

A.—E. (text unchanged)

F. Tier II. The following violations are Tier II violations. A person who receives a conviction for a Tier II violation receives 10 points and a 30-day suspension.

 

 

Statute or Regulation

Description

(1)

4—1007, COMAR 08.02.04.16, COMAR 08.02.08.02, COMAR [08.02.23.04F] 08.02.23.04E

Failure to Be Properly Licensed as a Buy Station When Buying Oysters — First Offense

(2)—(4)

(text unchanged)

 

G.—I. (text unchanged)

J. Tier VI. The following violations are Tier VI violations. A person who receives a conviction for a Tier VI violation receives 30 points and a 365-day suspension.

 

 

Statute or Regulation

Description

(1)—(2)

(text unchanged)

(3)

4—1007, COMAR 08.02.04.16, COMAR 08.02.08.02, COMAR 08.02.23.04E

Failure to Be Properly Licensed as a Buy Station When Buying Oysters — Second or Subsequent Offense

[(3)] (4)

[(6)] (7)

(text unchanged)

 

K.—L. (text unchanged)

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 02 FISHERIES SERVICE

Notice of Proposed Action

[20-027-P]

The Secretary of Natural Resources proposes to:

(1) Amend Regulation .03 under COMAR 08.02.21 Yellow Perch; and

(2) Adopt new Regulation .09 under COMAR 08.02.25 Gear.

Statement of Purpose

The purpose of this action is to require individuals to remove fyke net poles from the water within 30 days after removing the net. Fyke nets are very similar to pound nets and the department would like to standardize the rules across similar gear types. Currently, there is not a requirement for individuals using fyke nets to remove the fyke net poles from the water after removing the net. If poles are not removed from the water in a timely fashion, they may become navigational hazards to other users of the waterway. When using a pound net, which is a similar but larger type of net, poles must be removed from the water within 30 days of removing the net.

Additional rules for fyke nets are located in the yellow perch chapter of the Code of Maryland Regulations (COMAR); however, those rules apply to the use of all fyke nets, not just those used for yellow perch. The proposed action creates a new regulation in the gear chapter of COMAR, relocates the areas where fyke nets are prohibited, and requires individuals to remove poles from the water within 30 days after removing the net. This action will allow anyone who uses a fyke net to find the rules in one location.

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 Fyke Net Regulations, Regulatory Staff, Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, B-2, Annapolis, MD 21401, or call 410-260-8300, or email to fisheriespubliccomment.dnr@maryland.gov, or fax to 410-260-8310. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

 

08.02.21 Yellow Perch

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

.03 Commercial.

A.—J. (text unchanged)

[K.] (proposed for repeal)

 

08.02.25 Gear

Authority: Natural Resources Article, §§4-215, 4-221, and 4-711, Annotated Code of Maryland

.09 Commercial — Fyke Nets.

A. Restricted Areas. From February 1 through March 31, inclusive, a person may not set a fyke net in any of the following areas:

(1) Bohemia River upstream of a line beginning at a point at or near Little Hack Point defined by Lat. 39°27.78'N and Long. 75°52.45'W; then running approximately 70° True to a point at or near the Route 213 bridge defined by Lat. 39°27.87'N and Long. 75°52.19'W;

(2) Bush River upstream of a line beginning at a point at or near the mouth of Church Creek defined by Lat. 39°28.04'N and Long. 76°13.33'W; then running approximately 100° True to a point defined by Lat. 39°28.03'N and Long. 76°13.22'W;

(3) Chester River upstream of a line beginning at a point at or near Indian Point defined by Lat. 39°14.28'N and Long. 75°56.17'W; then running approximately 360° True to a point on the Kent County shore defined by Lat. 39°14.54'N and Long. 75°56.16'W; and then upstream to a line, beginning at a point upstream of the mouth of Red Lion Creek defined by Lat. 39°14.62'N and Long. 75°54.63'W; then running 360° True to a point on the Kent County shore at Lat. 39°14.80'N and Long. 75°54.63';

(4) Chester River upstream of a line beginning at a point at or near Ford's Landing defined by Lat. 39°15.04'N and Long. 75°53.70'W; then running 270° True to a point on the Queen Anne's County shore defined by Lat. 39°15.04'N and Long. 75°53.64'W;

(5) Choptank River upstream of a line beginning at a point defined by Lat. 38°55.82'N and Long. 75°50.00'W; then running approximately 45° True to a point defined by Lat. 38°55.84'N and Long. 75°49.84'W;

(6) Tuckahoe Creek, Choptank River tributary, upstream of a line beginning at a point defined by Lat. 38°52.86'N and Long. 75°57.10'W; then running approximately 90° True to a point defined by Lat. 38°52.86'N and Long. 75°57.07'W;

(7) Elk River upstream of a line beginning at a point at or near Old Frenchtown Wharf defined by Lat. 39°34.56'N and Long. 75°50.55'W; then running approximately 279° True to a point at or near Scotland Point defined by Lat. 39°34.60'N and Long. 75°50.90'W;

(8) Gunpowder River upstream of a line beginning at a point defined by Lat. 39°23.13'N and Long. 76°22.11'W; then running approximately 50° True to a point at or near the base of the Amtrak rail defined by Lat. 39°23.51'N and Long. 76°20.67'W;

(9) Bird River, Gunpowder River tributary, upstream of a line beginning at a point defined by Lat. 39°22.94'N and Long. 76°23.83'W; then running approximately 10° True to a point defined by Lat. 39°22.98'N and Long. 76°23.77'W;

(10) Marshyhope Creek, Nanticoke River tributary, upstream of a line beginning at a point defined by Lat. 38°38.85'N and Long. 75°48.84'W; then running approximately 90° True to a point defined by Lat. 38°38.85'N and Long. 75°48.80'W;

(11) Northeast River upstream of a line beginning at a point defined by Lat. 39°35.25'N and Long. 75°57.72'W; then running approximately 110° True to a point defined by Lat. 39°35.05'N and Long. 75°56.99'W;

(12) Patuxent River upstream of a line beginning at a point at or near Jackson Landing defined by Lat. 38°46.46'N and Long. 76°42.70'W; then running approximately 45° True to a point defined by Lat. 38°46.48'N and Long. 76°42.68'W;

(13) Allen's Fresh, Potomac River tributary, upstream of a line beginning at a point defined by Lat. 38°23.14'N and Long. 76°55.42'W; then running approximately 20° True to a point defined by Lat. 38°23.20'W and Long. 76°55.40'W;

(14) Nanjemoy Creek, Potomac River tributary, upstream of a line beginning at a point defined by Lat. 38°26.63'N and Long. 77°07.19'W; then running approximately 90° True to a point defined by Lat. 38°26.78'N and Long. 77°06.32'W; and

(15) Sassafras River upstream of a line beginning at a point at or near the Route 213 bridge in Georgetown defined by Lat. 39°21.91'N and Long. 75°52.98'W; then running approximately 150° True to a point defined by Lat. 39°21.81'N and Long. 75°52.89'W.

B. A person shall remove fyke net poles from the water within 30 days after removing the net from the poles.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Subtitle 13 ENERGY AND COASTAL ZONE ADMINISTRATION

08.13.02 Pollinator-Friendly Designation of Solar Generation Facilities

Authority: Natural Resources Article, §§3-303 and 3-303.1, Annotated Code of Maryland

Notice of Proposed Action

[20-022-P]

The Secretary of Natural Resources proposes to adopt new Regulations .01—.04 under a new chapter, COMAR 08.13.02 Pollinator-Friendly Designation of Solar Generation Facilities.

Statement of Purpose

The purpose of this action is to enable the Department to certify photovoltaic ground-mounted solar facilities greater than 1 acre as pollinator-friendly. The proposed action effectuates the requirements of Ch. 372, Acts of 2017, as informed by the Power Plant Research Program’s Pollinator Work Group. Work Group stakeholders included beekeepers, renewable energy developers, DNR’s Wildlife and Heritage Service, the University of Maryland, USFWS, USGS, and the Maryland Farm Bureau.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to David Tancabel, Director, Power Plant Research Program, Department of Natural Resources, 580 Taylor Avenue, B-3, Annapolis, MD 21401, or call 410-260-8691, or email to david.tancabel@maryland.gov, or fax to 410-260-8670. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.01 Scope.

This chapter applies only to a solar generation facility that contains photovoltaic cells for the purpose of generating electricity, is ground-mounted, and is at least 1 acre in size.

.02 Definitions.

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

B. Terms Defined.

(1) “Designation” means a letter in writing from the Department establishing that a solar generation facility is pollinator-friendly.

(2) “Facility” means the geographic area that is occupied by permanently installed solar generation equipment, including buffers or security areas under the management of the operator of the solar generation facility.

(3) “Owner” means a person that owns the solar generation facility.

.03 Designation Process.

A. Application.

(1) To apply for a pollinator-friendly designation, the owner of the solar generation facility shall submit:

(a) A completed application on a form provided by the Department; and

(b) A pollinator habitat plan.

(2) Additional Information.

(a) If the Department requests an applicant to submit additional information related to the application, the applicant shall submit the requested information to the Department within 30 days of the Department’s request.

(b) Failure to submit the additional information within 30 days of the Department’s request shall result in termination of the application.

B. On-Site Inspection.

(1) Upon notification from the Department that the solar generation facility’s application meets the application requirements, the owner of the solar generation facility shall implement the approved pollinator habitat plan.

(2) After the approved pollinator habitat plan has been implemented, the owner shall:

(a) Have a Department-approved inspector conduct an on-site inspection of the facility in accordance with §B(3) of this regulation; and

(b) Forward the results from the inspection to the Department within 30 days of the inspection.

(3) Any on-site inspection shall include:

(a) A final score calculation for the facility using the Solar Site Pollinator Habitat Planning and Assessment Scorecard adopted by the Department in accordance with Natural Resources Article, §3-303.1, Annotated Code of Maryland;

(b) A written evaluation of whether the facility is planted and managed in accordance with the approved pollinator habitat plan; and

(c) Any other factors or elements that the Department requires.

C. The Department may issue a designation to the owner if the results of the on-site inspection indicate that the facility:

(1) Meets the minimum standards established on the Solar Site Pollinator Habitat Planning and Assessment Scorecard; and

(2) Is planted and managed in accordance with the approved pollinator habitat plan.

.04 Pollinator Friendly Designation.

A. A designation is valid for 2 years after the date of issuance.

B. The owner of a pollinator-friendly solar generation facility shall:

(1) Properly maintain the facility in accordance with the facility’s approved pollinator habitat plan;

(2) Comply with the conditions of the designation;

(3) Make the facility’s pollinator habitat plan available to the Maryland, DC, and Virginia Solar Energy Industries Association or other nonprofit solar industry trade associations; and

(4) Notify the Department of any change in contact information for the solar generation facility within 30 days of the change, on a form provided by the Department.

C. The Department may revoke a designation if the facility is not managed or maintained in accordance with:

(1) A provision of Natural Resources Article, §3-303.1, Annotated Code of Maryland;

(2) A provision of the facility’s approved pollinator habitat plan; or

(3) A condition of the designation.

D. Renewal of a Designation.

(1) A designation may be renewed in accordance with this section if the results of an on-site renewal inspection indicate that the facility:

(a) Meets the minimum standards established on the Solar Site Pollinator Habitat Planning and Assessment Scorecard; and

(b) Is being managed in accordance with the approved pollinator habitat plan.

(2) To renew a pollinator-friendly designation, the owner of the solar generation facility shall:

(a) Have an inspector complete an on-site renewal inspection of the facility;

(b) Forward the results of the renewal inspection to the Department; and

(c) Submit a renewal request on a form provided by the Department.

(3) A renewal request shall:

(a) Be submitted within 90 days of the expiration of the designation;

(b) Include a Solar Site Pollinator Habitat Planning and Assessment Scorecard completed by the on-site renewal inspector; and

(c) Include a written evaluation by the inspector indicating the land is planted and managed in accordance with the facility’s approved pollinator habitat plan.

E. Pollinator Habitat Plan Modification.

(1) The Department may approve a modification to a solar generation facility’s pollinator habitat plan if the owner of a solar generation facility submits a written request to modify its pollinator habitat plan to the Department.

(2) Additional Information.

(a) If the Department requests an applicant to submit additional information related to the requested modification, the owner shall submit the requested information to the Department within 30 days of the Department’s request.

(b) Failure to submit the additional information within 30 days of the Department’s request shall result in termination of the Department’s review of the requested modification.

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.07 Credit Reporting Agencies

Authority: Business Regulation Article, §2-105; Commercial Law Article, §§14-1216(b), 14-1217(b)(9) and (10) and (d), and 14-1226(f) and (g); Annotated Code of Maryland

Notice of Proposed Action

[20-020-P]

The Commissioner of Financial Regulation proposes to amend Regulations .02 and .03, adopt new Regulations .04 and .06—.08, and amend and recodify existing Regulation .04 to be Regulation .05 under COMAR 09.03.07 Credit Reporting Agencies.

Statement of Purpose

The purpose of this action is to generally enhance consumer rights and protections, update the consumer credit reporting agency regulations to better reflect existing market practices and conditions, and improve the channels of information exchange between the Commissioner and consumer credit reporting agencies, and specifically to ensure accuracy in the information that consumer credit reporting agencies collect, efficiency in the systems that consumer credit reporting agencies use for maintaining consumer information and responsiveness to consumer complaints, transition consumer credit reporting agencies' registration to NMLS, and establish bond requirements and standards.

Comparison to Federal Standards

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

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed regulations could result in an increase in the operating costs incurred by consumer credit reporting agencies due to the requirements for registration, reporting, and data security measures. Such changes, however, increase consumer rights and provide consumers with greater protections. The Commissioner is unable to determine whether any increased costs to consumer credit reporting agencies associated with compliance with the proposed regulations would be meaningful or, if so, pass through to their customers or consumers.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Minimal

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

(+)

Indeterminable

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

A. The Commissioner currently registers 57 consumer reporting agencies through a manual process. The new regulations will require registration through NMLS (an electronic system). While the Commissioner will pay the $100 NMLS registration fee (aggregate annual cost of $5,700), the Commissioner will experience a cost savings due to greater efficiency (i.e., use of NMLS), which should offset somewhat the increased cost.

D. The regulated industries will benefit from transitioning to the more efficient and streamlined electronic NMLS registration process. Further, those industries will not see an increase in costs for using the electronic system due to the Commissioner paying the NMLS registration fees ($100 per registrant, aggregate annual cost of $5,700). Further, on-going improvement to NMLS for registration processes, reporting requirements, and file maintenance should keep ongoing costs low for regulated industries.

F. The proposed regulations expand consumer rights, protections, and access to information that will have a direct effect on members of the public who utilize credit reporting agencies or their services.

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 regulation has a proportionate impact on Maryland businesses and Maryland small businesses

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jedd Bellman, Assistant Commissioner, Maryland Department of Labor, 500 N. Calvert Street, Baltimore, MD 21202, or call 410-230-6390, or email to jedd.bellman@maryland.gov, or fax to 410-333-0475. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Breach of the security of a system” has the meaning stated in Commercial Law Article, §14-3504, Annotated Code of Maryland.

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

[(2)] (3) “Collection agency” has the meaning stated in Business Regulation Article, [§7-101(c)] §7-101, Annotated Code of Maryland.

[(3)] (4) “Commissioner” has the meaning stated in Commercial Law Article, [§14-1201(j)] §14-1201, Annotated Code of Maryland.

[(4)] (5) “Consumer” [has the meaning stated in Commercial Law Article, §14-1201(c), Annotated Code of Maryland] means an individual who resides in Maryland.

[(5)] (6) “Consumer report” has the meaning stated in Commercial Law Article, [§14-1201(d)] §14-1201, Annotated Code of Maryland.

[(6)] (7) Consumer Reporting Agency.

(a) “Consumer reporting agency” has the meaning stated in Commercial Law Article, [§14-1201f] §14-1201, Annotated Code of Maryland.

(b) (text unchanged)

(8) “Control person” means a person who has the power, directly or indirectly, to direct the management or policies of a consumer reporting agency, whether through ownership of securities, by contract, or otherwise.

[(7) Credit Repair Agency.

(a) “Credit repair agency” means a person who sells, provides, performs, or represents that the person can or will sell, provide, or perform any of the following services for the payment of money or other valuable consideration:

(i) Improving a consumer’s credit record, history, or rating;

(ii) Contacting a consumer reporting agency on behalf of a consumer; or

(iii) Providing a consumer with forms of correspondence to be filled out or copied by the consumer which are intended to be sent to a consumer reporting agency.

(b) “Credit repair agency” does not include a person who is not included within the definition of “credit services business” stated in Commercial Law Article, §14-1901(b), Annotated Code of Maryland.]

[(8)] (9) “File” has the meaning stated in Commercial Law Article, [§14-1201(g)] §14-1201, Annotated Code of Maryland.

(10) “Nationwide Mortgage Licensing System and Registry” or “NMLS” has the meaning stated in Financial Institutions Article, §11-501, Annotated Code of Maryland.

[(9)] (11) “Person” has the meaning stated in Commercial Law Article, [§14-1201(b)] §14-1201, Annotated Code of Maryland.

(12) “Personal information” has the meaning stated in Commercial Law Article, §14-3501, Annotated Code of Maryland.

(13) “Simple and easy to understand” has the meaning stated in 16 CFR §642.2.

(14) “Specialty consumer reporting agency” means a consumer reporting agency that prepares and retains files for residential or tenant history, and employment history.

.03 Annual Registration.

[A. This regulation does not require a consumer reporting agency to register each year information previously registered that remains unchanged.

B. A consumer reporting agency which issues consumer reports on residents of this State shall register with the Commissioner:

(1) On or before the effective date of these regulations; and

(2) On or before January of each year after the effective date of these regulations.]

A. During the time period established by the Commissioner under §B of this regulation, each consumer reporting agency shall:

(1) Obtain and maintain a valid unique identifier issued by NMLS when an account is created with NMLS; and

(2) Transfer registration information to NMLS.

B. The Commissioner shall establish a time period that is not less than 2 months after the effective date of these regulations within which a registrant must transfer registration information to NMLS.

C. At least 30 days before the transfer period begins, the Commissioner shall:

(1) Notify all registrants of the transfer period; and

(2) Provide instructions for the transfer of registration information to NMLS.

D. Subject to §A of this regulation, a consumer credit reporting agency submitting an initial registration or a registration renewal shall apply for the initial registration or registration renewal through NMLS on or after November 1 of the year in which these regulations are effective and annually thereafter.

[C.] E. To register [under this regulation, a consumer reporting agency shall submit to the Commissioner in writing the following information], the consumer reporting agency shall provide all information required by the Commissioner through NMLS, including:

[(1) The legal name of the consumer reporting agency;

(2)] (1) The [addresses] address of [:

(a) The] the principal executive office[, and

(b) All offices located in this State];

[(3)] (2)[(5)] (4) (text unchanged)

[(6)] (5) A certification by a control person that the consumer reporting agency has trained personnel sufficient to promptly and properly investigate and respond to consumer complaints and inquiries [are] available; [and]

[(7)] (6) The mailing address or addresses to which a consumer may correspond with the consumer reporting agency in order to:

(a) (text unchanged)

(b) File written complaints or disputes about the accuracy of information contained in their consumer report[.];

(7) A certification by a control person who has primary oversight responsibility for the consumer reporting agency’s technology system that the consumer reporting agency is in compliance with all applicable data security requirements, including the requirements of the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.) and Gramm-Leach-Bliley Act (15 U.S.C. §6801 et seq.) and their implementing regulations;

(8) A copy of the declaration page, certificate of liability, or similarly summarized coverage page of the consumer reporting agency’s cyber risk insurance policy, if applicable;

(9) A list of all websites and web applications where there is consumer access to a service offered by the consumer reporting agency;

(10) The total number of consumers for which the consumer reporting agency assembles or evaluates files; and

(11) The name of any third-party technology vendor that the consumer reporting agency utilizes to assemble, evaluate, or store consumer files prepared by the consumer reporting agency.

[D.] F. If, except for the information required in §E(10) and (11) of this regulation, the information supplied in a consumer reporting agency's registration [submission] becomes inaccurate at any time during the calendar year, the consumer reporting agency shall immediately submit the changes to the Commissioner [written notice of the changes] through NMLS.

.04 Bond.

A. The amount of a consumer reporting agency surety bond shall be determined as follows based on the number of consumer reports that the consumer reporting agency assembled, evaluated, or sold during the prior calendar year:

(1) Less than or equal to 10 percent of the total population of Maryland as published by the United States Census Bureau and listed on the Commissioner’s website shall file through NMLS a $100,000 bond;

(2) More than 10 percent but less than or equal to 25 percent of the total population of Maryland as published by the United States Census Bureau and listed on the Commissioner’s website shall file through NMLS a $250,000 bond;

(3) More than 25 percent but less than or equal to 50 percent of the total population of Maryland as published by the United States Census Bureau and listed on the Commissioner’s website shall file through NMLS a $500,000 bond;

(4) More than 50 percent but less than or equal to 75 percent of the total population of Maryland as published by the United States Census Bureau and listed on the Commissioner’s website shall file through NMLS a $750,000 bond; or

(5) More than 75 percent of the total population of Maryland as published by the United States Census Bureau and listed on the Commissioner’s website shall file through NMLS a $1,000,000 bond.

B. In considering a request to grant an exemption to the requirement for a consumer reporting agency to file a surety bond with the Commissioner at the time of registration or registration renewal, the Commissioner may grant to a consumer reporting agency an exemption from the surety bond required under §A of this regulation if the Commissioner determines that the following conditions are met:

(1) The granting of an exemption is not detrimental to the public interest;

(2) The consumer reporting agency has conducted its business in a lawful manner;

(3) The consumer reporting agency has complied, and has the capability and systems in place to continue to comply, with the provisions of the Maryland Personal Information Protection Act, Commercial Law Article, §§ 14-3501, et seq., Annotated Code of Maryland; and

(4) The consumer reporting agency demonstrates the financial ability to pay potential claims by establishing any of the following:

(a) The tangible net worth of the consumer reporting agency, as reported on an unconsolidated basis and certified by a control person, is equal to or greater than twice the amount of the surety bond required under §A of this regulation or this section;

(b) The consumer reporting agency’s short-term credit rating by a nationally recognized rating agency is at least equal to P2, A2, or F2 or an equivalent rating;

(c) The consumer reporting agency has regularly maintained and, during the registration period shall maintain, liquid assets, in form acceptable to the Commissioner, and in an amount that is at least equal to or greater than twice the amount of the surety bond required under §A of this regulation or this section; or

(d) In the case of a specialty consumer reporting agency, the consumer reporting agency maintains a current accreditation by the National Association of Professional Background Screeners.

[.04] .05 Operational Procedures.

A. A consumer reporting agency shall devise procedures to identify inaccurate information in consumer credit information submitted to it by [its business customers] a person who furnishes information to a consumer reporting agency.

B. As a part of the procedures required in §A of this regulation, a consumer reporting agency [shall:

(1) Inform business customers of the inaccuracies discovered in information which they supplied; and

(2) Take appropriate steps to work with its business customers to correct errors and prevent them from occurring in the future.]:

(1) Shall comply with 15 U.S.C. §1681i;

(2) May not include in a consumer’s file any loan, regardless of the date of the loan, that has been determined to be usurious or otherwise void or unenforceable under Maryland law pursuant to a court order or final order issued by the Commissioner; and

(3) Shall use personal information and publicly available information to match tax liens and judgments to the appropriate consumer file.

C. — D. (text unchanged)

E. Costs. A consumer reporting agency shall pay the actual cost per day for each investigator engaged in an investigation by the Commissioner.

.06 Restrictions on Sale or Transfer of Information in a File.

A. A consumer reporting agency shall provide a simple and easy to understand notice to consumers of their right to restrict the sale or transfer of information in the consumer’s file as provided by Commercial Law Article, §14-1202(b), Annotated Code of Maryland.

B. The notice required by §A of this regulation shall include a link to or instructions on how to access a secure, electronic method for consumers to provide notice to the consumer reporting agency of the consumer’s decision to restrict the sale or other transfer of information in the consumer’s file.

C. The notice required by §A of this regulation shall be provided:

(1) Every time a summary of rights is provided by a consumer reporting agency pursuant to Commercial Law Article, §14-1206, Annotated Code of Maryland, or 15 U.S.C. §1681g; and

(2) Every time a consumer credit reporting agency notifies a consumer of the breach of the security of a system pursuant to the requirements of the Maryland Personal Information Protection Act, Commercial Law Article, §14-3501 et seq., Annotated Code of Maryland.

D. A consumer reporting agency shall clearly and prominently display the notice required by §A of this regulation on its website.

E. A notice from a consumer restricting the sale or other transfer of information in the consumer’s file:

(1) Shall be effective with respect to a consumer reporting agency beginning 2 business days after the date on which the consumer notifies the consumer reporting agency; and

(2) Shall be effective with respect to each parent company, affiliate, or subsidiary of the consumer reporting agency.

F. A consumer reporting agency shall establish a notification system, including a toll-free telephone number and a secure electronic method, which permits any consumer whose consumer report is maintained by the credit reporting agency to easily notify the agency of the consumer’s election to restrict the sale or other transfer of information in the consumer’s file.

.07 Permissible Purposes of Consumer Reports.

A. If the Commissioner finds that a person is in the business of making loans that are usurious or otherwise void or unenforceable under Maryland or can use information in  credit reports in connection with the making of loans that are usurious or otherwise void or unenforceable under Maryland law, and issues a written order to a consumer reporting agency not to furnish credit reports to that person, the consumer reporting agency shall comply with the order within 30 days of receipt of the written order.

B. If the Commissioner finds that a loan is usurious or otherwise void or unenforceable under Maryland law or that a person is in the business of making loans that are usurious or otherwise void under Maryland law, and issues a written order to a consumer reporting agency prohibiting the consumer reporting agency from including the loan in a consumer’s file, the consumer reporting agency shall comply with the written order within 30 days of receipt of the written order.

.08 Current Listing of Consumer Reporting Agencies.

The Commissioner shall make available to the public a current listing of the names, addresses, and telephone numbers of registered consumer reporting agencies through the NMLS Consumer Access portal.

ANTONIO P. SALAZAR
Commissioner of Financial Regulation

 

Subtitle 12 DIVISION OF LABOR AND INDUSTRY

09.12.81 Elevator, Escalator, and Chairlift Safety

Authority: Public Safety Article, §§12-805(c), 12-806(g)(3), and
12-809(d)(3), Annotated Code of Maryland

Notice of Proposed Action

[20-023-P]

The Commissioner of Labor and Industry proposes to amend Regulations .01-1, .04-1, .07, and .08 under COMAR 09.12.81 Elevator, Escalator, and Chairlift Safety.

Statement of Purpose

The purpose of this action is to amend existing regulations regarding elevator inspections to align with the requirements of Ch. 337, Acts of 2018, which eliminated pre-final inspections, requires the physical presence of the inspector during testing, and allows third-party qualified elevator inspectors to perform 5-year comprehensive inspections. The proposed action also clarifies existing regulatory language to provide that a third-party qualified elevator inspector may be suspended for up to 120 days and eliminates reference to an inspection guide that is no longer incorporated by reference.

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 Mischelle F. Vanreusel, Regulatory and Grants Coordinator, Department of Labor, 1100 N. Eutaw Street, Room 600, Baltimore, MD 21202, or call 410-767-2225 , or email to mischelle.vanreusel@maryland.gov, or fax to 410-767-2986. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.01-1 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(13) (text unchanged)

[(14) “Witness”, as it appears in the Safety Code, means to observe or to verify that testing has been performed by a qualified individual in accordance with the Safety Code.]

.04-1 Third-Party Qualified Elevator Inspectors.

A. Qualifications.

(1)—(3) (text unchanged)

[(4) A third-party qualified elevator inspector, who meets the qualifications set forth in §A(1) and (3) of this regulation, but does not meet the qualifications set forth in §A(2) of this regulation, is authorized to conduct only pre-final inspections under Public Safety Article, §12-810(c)(2), Annotated Code of Maryland.]

B. Insurance Requirements.

(1) A third-party qualified elevator inspector authorized to conduct periodic [no-load] elevator inspections shall provide the Commissioner with a certified copy of an insurance policy covering liability related to the third-party qualified elevator inspector performing inspections on elevator units in Maryland.

(2)—(5) (text unchanged)

[(6) A third-party qualified elevator inspector who conducts only inspections pursuant to Public Safety Article, §12-810(c), Annotated Code of Maryland, is not required to have insurance under this provision.]

C. (text unchanged)

D. Suspension, Revocation, or Cancellation of Registration for Third-Party Qualified Elevator Inspectors.

(1) Suspension of Registration.

(a)—(b) (text unchanged)

(c) An individual whose third-party qualified elevator inspector registration has been suspended may apply for reinstatement after expiration of the time period set forth in the Commissioner’s written notice of suspension but no later than 120 days following the date of the suspension.

(2)—(3) (text unchanged)

.07 Owner Inspection Responsibilities.

A.—D. (text unchanged)

E. Comprehensive 5-Year Inspection.

(1) (text unchanged)

(2) For a comprehensive 5-year inspection[:

(a) The Commissioner shall establish the 5-year inspection anniversary date for each unit;

(b) An], an owner shall ensure that each unit is tested by persons qualified to perform such testing as provided in the Safety Code[;].

[(c) An owner shall coordinate with the Commissioner the date and time of the inspection by filing an inspection request with the Commissioner at least 60 days prior to the inspection; and

(d) If an owner provides the Commissioner with less than 60 days notice of the inspection request, the Commissioner shall schedule the inspection at the convenience of the State, subject to the availability of State resources.]

F. (text unchanged)

.08 Third-Party Qualified Elevator Inspections.

A. A [Level I inspector is a] third-party qualified elevator inspector [who] may perform [pre-final inspections and] periodic annual inspections if the individual:

(1)—(3) (text unchanged)

B.—C. (text unchanged)

[D. A third-party qualified elevator inspector shall ensure that inspections and tests are performed consistent with the ASME A17.2 Guide for Inspection of Elevators, Escalators, and Moving Walks and the Safety Code.]

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

MATTHEW S. HELMINIAK
Commissioner of Labor and Industry

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Notice of Proposed Action

[20-034-P]

The Secretary of Health proposes to:

(1) Amend Regulation .01 under COMAR 10.01.04 Fair Hearing Appeals Under the Maryland State Medical Assistance Program;

(2) Repeal in their entirety Regulations .01—.11 under  COMAR 10.09.78 Establishment, Operation, and Authority for Making Capitated Payments for Dual Eligibles Enrolled in Medicare Advantage Plans;

(3) Amend Regulations .15, .25, and .27 under COMAR 10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations;

(4) Amend Regulation .03 under COMAR 10.67.08 Maryland Medicaid Managed Care Program: Non-Capitated Covered Services; and

(4) Amend Regulation .03 under COMAR 10.67.09 Maryland Medicaid Managed Care Program: MCO Dispute Resolution Procedures.

Statement of Purpose

The purpose of this action is to:

(1) Update obsolete references and definitions;

(2) Correct the due dates of MCO reports to coincide with current policy;

(3) Remove HIV drugs from the list of non-capitated covered services;

(4) Clarify the time frames for resolving provider complaints and enrollee appeals; and

(5) Repeal an obsolete chapter of regulations.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

 

Subtitle 01 PROCEDURES

10.01.04 Fair Hearing Appeals Under the Maryland State Medical Assistance Program

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

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(9) (text unchanged)

[(10) “MAGI” means modified adjusted gross income, as calculated for purposes of determining eligibility for insurance affordability programs under the Affordable Care Act.]

[(11)] (10)[(14)] (13) (text unchanged)

 

Subtitle 67 MARYLAND HEALTHCHOICE PROGRAM

10.67.04 Maryland Medicaid Managed Care Program: Managed Care Organizations

Authority: Health-General Article, §§2-104, 15-102.3, and 15-103; Insurance Article, §§15-112, 15-605, and 15-1008; Annotated Code of Maryland

.15 Data Collection and Reporting.

A.—C. (text unchanged)

D. Quarterly Reports. An MCO shall submit to the Department:

(1) (text unchanged)

(2) Within [10] 30 calendar days after the close of each calendar quarter, in the format specified by the Department, a list of all pre-service denials or reduction of services or benefits issued by the MCO or MCO subcontractors during the preceding quarter.

(3)—(6) (text unchanged)

E —K. (text unchanged)

.25 Enrollee Outreach Plan.

A. (text unchanged)

B. Submission Date.

(1) (text unchanged)

(2) An MCO shall submit by December 1 [of each year] an enrollee outreach plan, including the information specified in §A of this regulation, to be reviewed as part of the [annual] triennial audit performed by an external quality review organization (EQRO).

(3) For years in which the triennial EQRO audit is not performed, an MCO shall submit by April 30 any changes to the enrollee outreach plan, including the information specified in §A of this regulation.

.27 Newborn Coordinator.

A.—B. (text unchanged)

C. The newborn coordinator shall:

(1) (text unchanged)

(2) Interface with the enrollment [broker] agent, the Department, the newborn coordinators of other MCOs, and the provider to resolve any eligibility issues involving multiple MCOs;

(3)—(9) (text unchanged)

 

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

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

.03 Nonbehavioral Health Fee-for-Service Benefits.

An MCO may not be required to provide any of the following benefits or services that are reimbursed directly by the Department:

A.—E. (text unchanged)

F. The following HIV/AIDS services:

(1) Genotypic, phenotypic, or other HIV/AIDS drug resistance testing used in the treatment of HIV/AIDS, if the service is:

(a) (text unchanged)

(b) Medically necessary; and

(2) Viral load testing used in treatment of HIV/AIDS[; and

(3) Antiretroviral drugs in American Hospital Formulary Service therapeutic class 8:18:08 used in the treatment of HIV/AIDS;].

G.—N. (text unchanged)

 

10.67.09 Maryland Medicaid Managed Care Program: MCO Dispute Resolution Procedures

Authority: Health-General Article, §15-103(b)(9)(i)(4), Annotated Code of Maryland

.03 MCO Provider Complaint Process.

A.—C. (text unchanged)

D. An MCO or its pharmacy benefits manager shall resolve pharmacy appeals concerning drug pricing within 21 days of the receipt of a request.

ROBERT R. NEALL
Secretary of Health

 

Subtitle 06 DISEASES

10.06.01 Communicable Diseases and Related Conditions of Public Health Importance

Authority: Health-General Article, §§2-104(b), 18-102, 18-103, 18-105,
18-201, 18-201.1, 18-202, 18-205, 18-208, 18-214.1, 18-307, 18-337, and
24-101—24-110, Annotated Code of Maryland

Notice of Proposed Action

[20-016-P]

The Secretary of Health proposes to amend Regulations .02—.08-1, .09—.12, .14—.19, adopt new Regulations .08-2, .12-1, and .12-2, amend and recodify existing Regulations .08-2 and .21—.25 to be Regulations .08-3 and .20—.24, respectively, and repeal existing Regulations .12-1 and .20 under COMAR 10.06.01 Communicable Diseases and Related Conditions of Public Health Importance.

Statement of Purpose

The purpose of this action is to:

(1) Make necessary updates to disease control measures;

(2) Standardize language and formatting; and

(3) Align record maintenance and confidentiality language with 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 Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Case (or suspected case) of avian psittacosis” means that a bird has:

(a) (text unchanged)

(b) Clinical evidence of Chlamydophila psittaci infection consisting of an epidemiologic link to an avian case that has laboratory evidence of infection, and has:

(i) Exhibited one or more [symptoms] signs of psittacosis;

(ii)—(iv) (text unchanged)

(5)—(29) (text unchanged)

.03 Reportable Diseases, Conditions, Outbreaks, and Unusual Manifestations; Submitting Clinical Materials.

A. (text unchanged)

B. [Within 1 working day of] Upon a positive laboratory finding for a disease or condition listed in §C of this regulation, or upon request of the Secretary, the director of a medical laboratory or a laboratory that possesses a biological agent as defined in COMAR 10.10.11.03B(8) shall:

(1)—(2) (text unchanged)

C. List of Reportable Diseases and Conditions.

HEALTH CARE PROVIDERS,
INSTITUTIONS, AND OTHERS1

LABORATORIES

TIME FRAME FOR REPORTING2

Diseases and Conditions

Laboratory Evidence of

Submit Clinical
Materials to the
Department3

Immediate

Within 1 Working Day

(1)—(3) (text unchanged)

 

 

 

 

(3-1) An exposure or potential exposure of a person to a biological agent as defined in COMAR 10.10.11.03B(8)

An exposure or potential exposure of a person to a biological agent as defined in COMAR 10.10.11.03B(8)

 

X

 

(4) Acquired immunodeficiency syndrome [(AIDS)5] (AIDS)6

Refer to COMAR 10.18

 

Refer to COMAR 10.18

(5)—(33) (text unchanged)

 

 

 

 

(34) Hepatitis, viral (B, [C] C5, D, E, G, all other types, and undetermined)

Hepatitis B, [C] C5, D, E, and G virus, other types

 

 

X

(35) Human immunodeficiency virus [(HIV)5] (HIV)6

Refer to COMAR 10.18

 

Refer to COMAR 10.18

(36)—(73) (text unchanged)

 

 

 

 

(74) [Syphilis] Syphilis7

Treponema [pallidum] pallidum7

 

 

X

(75)—(76) (text unchanged)

 

 

 

 

(77) Tuberculosis, active disease and suspected active [tuberculosis6] tuberculosis8

 

Mycobacterium tuberculosis [complex] complex8

X

X

 

(77-1) Tuberculosis, latent infection [(LTBI)7] (LTBI)9

Mycobacterium tuberculosis complex, latent [infection] infection9

 

 

X

(78) (text unchanged)

 

 

 

 

(79) Typhoid or Paratyphoid fever (case, carrier, or both, of Salmonella Typhi or Paratyphi)

Salmonella Typhi

X

X

 

(80)—(82) (text unchanged)

 

 

 

 

(83) Vibriosis, [non-cholera8] non-cholera10

All non-cholera Vibrio [species8] species10

X

 

X

(84)—(85) (text unchanged)

 

 

 

 

Footnotes:

1.—4. (text unchanged)

5. Suspected hepatitis C as indicated by:

(a) Any hepatitis C antibody results that are positive;

(b) Any hepatitis C virus RNA results associated with the results in (a) of this footnote that are qualitative or quantitative, if the results are: 

(i) Positive; or

(ii) Negative; and

(c) Any hepatitis C virus RNA results associated with the results in (a) of this footnote if the hepatitis C virus is:

(i) Detected; or

(ii) Undetected.

[5.] 6. (text unchanged)

 7. Suspected syphilis as indicated by:

(a) Any treponemal or non-treponemal results that are qualitative or quantitative, if the results are:

(i) Positive;

(ii) Reactive; or

(iii) Inconclusive; and

(b) Any negative or non-reactive results associated with the positive, reactive, or inconclusive results in (a) of this footnote.

[6.] 8.—[8.] 10. (text unchanged)

.04 Reporting Procedures.

A. Sources of Reports and to Whom to Report.

(1) An institution, as specified in Health-General Article, §18-202, Annotated Code of Maryland, and a health care provider who knows of a case of a reportable disease, condition, outbreak, or unusual manifestation shall report it to [the] a health officer.

(2) A teacher at any public, private, or parochial school or a child care provider at any child care facility shall report an occurrence of a reportable disease or condition, an outbreak, or an unusual manifestation as set forth in Regulation .03 of this chapter to the principal, school nurse, or superintendent or assistant superintendent or designee, who shall transmit to [the] a health officer a report of the name and address of a child who appears to have a reportable communicable disease or who has been exposed to a reportable communicable disease.

(3) The master or person in charge of a vessel or aircraft within the territory of the State shall report to the Secretary or [the] a health officer at the nearest port of landing or entry, all known facts relating to the illness and physical condition of an individual aboard the vessel or aircraft who may have a reportable disease or condition, an outbreak, or an unusual manifestation.

(4) Directors of Medical Laboratories or Laboratories that Possess Biological Agents as Defined in COMAR 10.10.11.03B(8).

(a) The director of a medical laboratory or a laboratory that possesses a biological agent as defined in COMAR 10.10.11.03B(8) shall report:

(i)—(ii) (text unchanged)

(b) The director of a medical laboratory or a laboratory that possesses a biological agent as defined in COMAR 10.10.11.03B(8) located in a Maryland jurisdiction shall report to the health officer of that jurisdiction.

(c) (text unchanged)

(d) If a medical laboratory or a laboratory that possesses a biological agent as defined in COMAR 10.10.11.03B(8) forwards clinical materials out of State for testing, the originating medical laboratory or a laboratory that possesses a biological agent as defined in COMAR 10.10.11.03B(8) shall comply with this subsection by:

(i)—(ii) (text unchanged)

(e) When more than one specimen is taken from a patient during one disease episode, the director of a medical laboratory or a laboratory that possesses a biological agent as defined in COMAR 10.10.11.03B(8) need not report every test result of a specimen that shows evidence of the same disease in that patient if:

(i) (text unchanged)

(ii) [The] A health officer has agreed that all test reports do not need to be reported.

(5) (text unchanged)

(6) The owner or operator of a food establishment [(see] as defined in Health-General Article, §21-301, Annotated Code of Maryland[)], shall report to [the] a health officer an occurrence of a reportable disease or condition, an outbreak, or an unusual manifestation.

B. (text unchanged)

C. Timing of Reports.

(1)—(3) (text unchanged)

(4) [The] A health officer shall transmit to the Secretary, by mail or as otherwise specified by the Secretary, all information obtained:

(a)—(b) (text unchanged)

(5) (text unchanged)

.05 Record Maintenance and Confidentiality.

A. (text unchanged)

B. A report identifying an individual that was filed by a reporting source, as set forth under Regulation .04A of this chapter, in compliance with the provisions of Health-General Article, §§18-201, 18-202, and 18-205, Annotated Code of Maryland, and all information collected in connection with a report, are not medical records under Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland.

[B.] C. (text unchanged)

.06 General Control Measures.

A. Necessary Action. The Secretary or a health officer shall:

(1)—(2) (text unchanged)

B. Epidemiologic Investigations.

(1)—(3) (text unchanged)

(4) An individual, a business, a facility, or an agency, including a health care provider, school or child care facility personnel, a master of a vessel or aircraft, or a medical laboratory director, shall make available to the Secretary or [the] a health officer all records and information necessary to the epidemiologic response or investigation.

C. [The] A health officer or the Secretary shall order cessation of operation of a business or facility determined or suspected to be a threat to public health until the public health threat is determined by the health officer to have ceased.

D. Carrier Approval.

(1) [The] A health officer shall grant or deny approval to a carrier of an infectious agent to work in any of the following occupations involving:

(a)—(d) (text unchanged)

(2) [The] A health officer shall grant or deny approval to a carrier of an infectious agent to attend a:

(a)—(b) (text unchanged)

(3) [The] A health officer shall consider the following when granting or denying approval to a carrier of an infectious agent to work in occupations or to attend settings listed under §D(1) and (2) of this regulation:

(a)—(g) (text unchanged)

E. Control of Food Handlers. A case with any of the following diseases may not serve or handle, in any manner whatsoever, food intended for public consumption:

(1) [Diarrhea caused by Entamoeba histolytica (see Regulation .08 of this chapter)] Disease causing diarrhea, unless physician-certified as noninfectious;

(2) (text unchanged)

[(3) Disease causing diarrhea, unless physician-certified as noninfectious;]

[(4)] (3) [E. coli] Escherichia coli O157:H7 [(see Regulation .08-2 of this chapter)] and other Shiga-Like Toxin Producing Escherichia coli (STEC), as discussed in Regulation .08-3 of this chapter;

[(5)] (4) Hepatitis A [(see Regulation .10 of this chapter)], as discussed in Regulation .10 of this chapter;

[(6)] (5) [Diarrhea caused by Salmonella (see Regulation .16 of this chapter)] Salmonellosis, as discussed in Regulation .16 of this chapter;

[(7)] (6) Shigellosis [(see Regulation .19 of this chapter)], as discussed in Regulation .19 of this chapter; and

[(8) Streptococcal infection caused by group A beta-hemolytic Streptococcus; and]

[(9)] (7) Typhoid or Paratyphoid fever or carrier of Salmonella [typhi (see Regulation .22 of this chapter)] Typhi or Paratyphi, as discussed in Regulation .21 of this chapter.

F. Control of Communicable Diseases in Schools and Child Care Facilities.

(1) [The] A health officer shall:

(a) (text unchanged)

(b) Determine whether enrollees, pupils, or other individuals attending schools or child care facilities have received the immunizations required under COMAR 10.06.04, [07.04.01] 13A.15.03.02, or [07.04.02] 13A.16.03.04.

(2) The principal or other person in charge of any school or child care facility shall comply with a measure or special instruction issued by the Secretary or a health officer under Regulation .06A of this chapter.

G. (text unchanged)

H. Skin-Penetrating Body Adornment Procedures—Infection Control.

(1)—(2) (text unchanged)

(3) [The] A health officer may investigate complaints received regarding compliance with this section.

.07 Minimum Control Measures for Specific Diseases or Conditions.

A. The definitions of terms used in the text and the recommendations for control included in the Control of Communicable Diseases Manual are accepted as official and applicable to the control of disease within this State under the regulations of the Secretary, except in those instances in which the recommendations may be in conflict with [the regulations of the Secretary] Regulation .06A or Regulations .08.21 of this chapter, in which case the regulations of the Secretary or special instructions of the Secretary or a health officer shall take precedence.

B. The diseases and conditions described in Regulations [.08—.22] .08—.21 of this chapter are subject to specific requirements and control procedures as specified.

.08 Amebiasis.

A. (text unchanged)

B. Control of Contacts.

(1) [The] A health officer shall investigate household and close contacts whose occupations involve food handling, patient care, and care of young children or the elderly.

(2) (text unchanged)

C. (text unchanged)

.08-1 Campylobacteriosis.

A. Control of a Case.

[(1) A physician in attendance upon a case of campylobacteriosis with diarrhea shall instruct the case on the risks of transmission and the prevention of infection, especially proper:

(a) Handwashing;

(b) Handling of raw meat; and

(c) Cleaning of the food-preparation surfaces in contact with raw meat.

(2) A case may not attend a child care facility until the:

(a) Case's fecal cultures are campylobacter-free on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given; or

(b) Health officer approves readmission based on the low likelihood of disease transmission.

(3) A case, with or without diarrhea, may not participate in occupations involving food handling, patient care, or care of young children or the elderly until the:

(a) Case's fecal cultures are campylobacter-free on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given; or

(b) Health officer approves resumption of occupational duties based on the low likelihood of disease transmission.

(4) A health care provider shall report groups of multiple cases to the health officer promptly.

(5) In the setting of multiple cases of diarrhea, the health officer or the Secretary shall investigate potential sources of campylobacter in food, water, raw milk, pets, and other possible environmental sources.]

(1) For a case with diarrhea due to or presumed due to campylobacteriosis, a health officer shall restrict or exclude a case from:

(a) Attending a child care facility; or

(b) Participating in an occupation involving:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(2) For a case who has been without diarrhea for at least 24 hours, unless a health officer otherwise restricts or excludes the case based on Regulation .06D of this chapter, the case may:

(a) Attend a child care facility; and

(b) Participate in an occupation involving:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(3) If a health officer has restricted or excluded a case under §A(1) of this regulation or Regulation .06D of this chapter, the health officer shall approve resumption of child care attendance or occupational duties when:

(a) The case's fecal cultures are Campylobacter-free on two consecutive specimens collected:

(i) Not less than 24 hours apart; and

(ii) If antibiotics have been given, not sooner than 48 hours following discontinuation of antibiotics; or

(b) The health officer determines that the likelihood of disease transmission is low.

B. Control of Contacts[. There is no control of a contact] at Increased Risk of Transmitting Campylobacteriosis.

(1) A health officer shall restrict or exclude a contact who has diarrhea from child care or an occupational setting until at least 24 hours after diarrhea ceases if the contact is in the household of a case or is a close contact who:

(a) Attends a child care facility; or

(b) Participates in an occupation involving:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(2) If an individual is a contact of a case as specified in §B(1) of this regulation, and that individual has diarrhea at the time of the health department's investigation of the case, then the contact shall submit for examination two fecal specimens taken:

(a) Not less than 24 hours apart; and

(b) If antibiotics have been given, not sooner than 48 hours following discontinuation of antibiotics.

(3) If either of the specimens referred to in §B(2) of this regulation is positive for Campylobacter, a health officer shall consider the contact to be a case, and the control measures specified in §A of this regulation apply.

C. Infection Control. A health care provider shall [use] practice standard precautions [when caring for a case with campylobacteriosis].

D. Control of Carriers. A health care provider shall apply the control measures specified in §A of this regulation to carriers in addition to cases.

.08-2 Cholera (Vibrio cholera O1 or O139).

A. Control of a Case.

(1) For a case with diarrhea due to or presumed due to cholera, a health officer shall restrict or exclude a case from:

(a) Attending a child care facility; or

(b) Participating in an occupation involving;

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(2) For a case who has been without diarrhea for at least 48 hours, unless a health officer otherwise restricts or excludes the case based on Regulation .06D of this chapter, the case may:

(a) Attend a child care facility; and

(b) Participate in an occupation involving:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(3) If a health officer has restricted or excluded a case under §A(1) of this regulation or Regulation .06D of this chapter, the health officer shall approve resumption of child care attendance or occupational duties when:

(a) The case's fecal cultures are Vibrio-free on two consecutive specimens collected:

(i) Not less than 24 hours apart; and

(ii) If antibiotics have been given, not sooner than 48 hours following discontinuation of antibiotics; or

(b) The health officer determines that the likelihood of disease transmission is low.

B. Control of Contacts at Increased Risk of Transmitting Cholera.

(1) A health officer shall restrict or exclude from child care or an occupational setting a contact who has diarrhea, until at least 48 hours after diarrhea ceases, if the contact is in the household of a case or is a close contact who:

(a) Attends a child care facility; or

(b) Participates in an occupation involving:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(2) If an individual is a contact of a case as specified in §B(1) of this regulation, and that individual has diarrhea at the time of the health department's investigation of the case, then the contact shall submit for examination two fecal specimens taken at:

(a) Not less than 24 hours apart; and

(b) If antibiotics have been given, not sooner than 48 hours following discontinuation of antibiotics.

(3) If either of the specimens referred to in §B(2) of this regulation is positive for Vibrio cholera, a health officer shall consider the contact to be a case, and the control measures specified in §A of this regulation apply.

[.08-2] .08-3 Escherichia coli O157:H7 and Other Shiga-Like Toxin Producing [Enteric Bacteria] Escherichia coli (STEC).

A. Control of a Case.

(1) A case may not attend a child care facility until [the]:

(a) [Case's] The case’s fecal cultures or stool Shiga-like toxin tests are free of E. coli O157:H7 and other [Shiga-like toxin producing enteric bacteria] Shiga-Like Toxin Producing Escherichia coli (STEC) on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given; or

(b) [Health] A health officer approves readmission based on the low likelihood of disease transmission.

(2) A case, with or without diarrhea, may not participate in occupations involving food handling, patient care, or care of young children or the elderly until [the]:

(a) [Case's] The case’s fecal cultures or stool Shiga-like toxin tests are free of E. coli O157:H7 and other [Shiga-like toxin producing enteric bacteria] Shiga-Like Toxin Producing Escherichia coli (STEC) on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given; or

(b) [Health] A health officer approves resumption of occupational duties based on the low likelihood of disease transmission.

B. Control of Contacts.

(1) [The] A health officer shall require a culture of feces or stool Shiga-like toxin test only from a household member or other close contact who attends a child care facility or whose occupation involves food handling, patient care, or care of young children or the elderly.

(2) A household member or other close contact shall submit for examination two fecal specimens taken at an interval of not less than 24 hours apart.

(3) If either of the specimens submitted pursuant to §B(2) of this regulation is positive for E. coli O157:H7, other [Shiga-like toxin producing enteric bacteria] Shiga-Like Toxin Producing Escherichia coli (STEC), or Shiga-like toxin, [the] a health officer shall consider the contact to be a case, and the control measures specified in §A of this regulation apply.

(4) A household member or other close contact who currently has diarrhea or who has had an onset of diarrhea in the past 3 weeks may not attend a child care facility until [the]:

(a) [Household] The household member or other close contact is without diarrhea for at least 24 hours and fecal cultures or Shiga-like toxin tests are free of E. coli O157:H7 and other [Shiga-like toxin producing enteric bacteria] Shiga-Like Toxin Producing Escherichia coli (STEC) on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given; or

(b) [Health] A health officer approves readmission based on the low likelihood of disease transmission.

(5) A contact who currently has diarrhea or who has had an onset of diarrhea within the past week may not participate in occupations involving food handling, patient care, or care of young children or the elderly until [the]:

(a) [Contact] The contact is without diarrhea for at least 24 hours and fecal cultures or Shiga-like toxin tests are free of E. coli O157:H7 and other [Shiga-like toxin producing enteric bacteria] Shiga-Like Toxin Producing Escherichia coli (STEC) on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given; or

(b) [Health] A health officer approves resumption of occupational duties based on the low likelihood of disease transmission.

C. (text unchanged)

.09 Foodborne and Waterborne Diseases.

A. Control of a Case or Contacts. If one of the following diseases is identified, [the] a health officer shall follow the procedures detailed in this chapter for the specific disease:

(1) (text unchanged)

(2) Cholera;

(3) Escherichia coli O157:H7 and other Shiga-Like Toxin Producing Escherichia coli (STEC);

[(2)] (4)—[(3)] (5) (text unchanged)

[(4)] (6) Shigellosis; and

[(5) Trichinosis; and]

[(6)] (7) Typhoid fever (Salmonella Typhi) or paratyphoid fever (Salmonella Paratyphi A, Salmonella Paratyphi B tartrate negative, and Salmonella Paratyphi C).

B. Investigation and Control Measures.

(1) A food establishment as defined in Health-General Article, §21-301, Annotated Code of Maryland, shall provide to [the] a health officer the information the health officer or the Secretary determines to be necessary and pertinent to the investigation.

(2) [The] A health officer or the Secretary shall investigate the source, inspect food establishments, and collect samples of suspected foods and clinical specimens from food service workers and cases or contacts in an effort to determine the cause of a foodborne illness.

(3) [The] A health officer or the Secretary shall submit all samples for laboratory examination.

(4) [The] A health officer or the Secretary may detain a food item, issue a public notice requiring the recall or return of a food item, or prohibit the serving of food at a food service facility, until it is determined whether the food item or the facility is implicated as a source of illness.

.10 Hepatitis, Viral Type A.

A. (text unchanged)

B. Control of Contacts. For an individual who previously has not received hepatitis A vaccine, the physician in attendance or [the] a health officer shall offer a single dose of single antigen hepatitis A vaccine or immune globulin to contacts for prophylaxis:

(1) As soon as possible, but within 2 weeks of exposure to household, sexual, child care, or other contacts as determined by [the] a health officer; and

(2) (text unchanged)

C. (text unchanged)

.11 Hepatitis, Viral Type B.

A. Control of a Case. A physician in attendance upon a case having viral hepatitis type B shall educate that case on the:

(1) Risks of sexual transmission, household contact transmission, maternal-infant transmission, and transmission by the sharing of hypodermic needles and other drug paraphernalia; [and]

(2) Availability of hepatitis B vaccine and hepatitis B immune globulin for contacts who have had sexual contact with a case of hepatitis B within the preceding 14 days, contacts who have percutaneous exposures to hepatitis B, and infants born to case mothers who carry hepatitis B virus at delivery, and the need for referring those contacts to health care providers for preventive treatment[.];

(3) Importance of vaccination for viral hepatitis type A if the case is not already immune by reason of prior infection or prior vaccination; and

(4) Importance of testing pregnant women for hepatitis B surface antigen at each pregnancy.

B. Control of Contacts. A physician or health officer in attendance upon a contact of viral hepatitis type B shall:

(1) Educate that contact about the availability of vaccine and hepatitis B immune globulin for contacts with exposure to the case’s blood or other infectious body fluids [that contain blood]; [and]

(2) Recommend preventive treatment consistent with current Centers for Disease Control and Prevention guidelines based on type of exposure; and

(3) Require that infants born to hepatitis B surface antigen positive mothers:

(a) Receive hepatitis B immune globulin and the first dose of hepatitis B vaccine within 12 hours of birth;

(b) Receive the rest of the vaccination series; and

(c) Are tested for hepatitis B surface antigen and hepatitis B surface antibody at 9 to 15 months old.

C. (text unchanged)

.11-1 Hepatitis, Viral Type C.

A. Control of a Case. A physician in attendance upon a case of viral hepatitis type C shall educate that case on:

(1) The risks of transmission of viral hepatitis type C by:

(a)—(c) (text unchanged)

(d) Parenteral or permucosal exposure to blood or other infectious body fluids;

(e)—(g) (text unchanged)

(2)—(5) (text unchanged)

B. (text unchanged)

C. Infection Control. A health care provider shall:

(1) (text unchanged)

(2) Implement and maintain, in hemodialysis centers and other settings where viral hepatitis type C transmission is known to be an increased risk, additional infection control measures based upon the Centers for Disease Control and Prevention recommendations for prevention and control of hepatitis C infection and HCV-related chronic disease, as directed by the Secretary to reduce disease transmission.

D. Education. The Secretary, with the assistance of the health officer, shall provide professional and public education and informational materials on viral hepatitis[,] type C, modes of transmission, and prevention of viral hepatitis[,] type C.

.12 Measles (Rubeola).

A. Control of a Case. A health officer or health care provider shall recommend that a case may not attend a school, workplace, or child care facility from the onset of the illness at least through the 4th day after the rash appears.

B. Control of Contacts.

(1) Nonimmune Contacts.

(a) Nonimmune individuals for measles, in general, are people who:

(i) Have not received two doses of measles containing vaccine on or after the first birthday;

(ii) Have no documentation of immunity or disease; or

(iii) Were born in or after 1957.

(b) A health officer or health care provider shall recommend that:

(i) Nonimmune contacts receive measles vaccine within 72 hours of exposure if not medically contraindicated; and

(ii) Nonimmune household or other close contacts, particularly contacts younger than 1 year old, pregnant women, persons with immunodeficiencies, or those for whom the vaccine is contraindicated, be given immune globulin within 6 days of exposure.

(c) A health officer shall restrict or exclude a nonimmune contact from attending a school, health care facility, child care facility, or workplace until 21 days after the onset of rash in the last case of measles.

(2) [The] A health officer [may]:

(a) May require all nonimmune individuals to be excluded from a school, workplace, or child care facility when a case of measles is diagnosed or suspected in a student, employee, or volunteer of the school or facility[. The health officer shall]; and

(b) Shall authorize readmission upon documented proof of immunity in the form of immunization record, serologic test, or the low likelihood of disease transmission.

C. (text unchanged)

D. Proof of Immunity for [Hospital] Health Care Workers.

(1) A worker born in or after [1956] 1957 working at least 20 hours each week who is newly retained as medical staff, a direct or contractual employee, or a volunteer of a hospital classified as a “general hospital” under Health-General Article, §19-307, Annotated Code of Maryland, shall have documentation of receipt of [one dose] two doses of live measles virus vaccine after becoming 1 year old or proof of immunity by blood test for antibody to rubeola. The hospital shall keep the measles vaccination or immunity status of each worker on file.

(2) (text unchanged)

.12-1 Mumps.

A. Control of a Case. A health officer or health care provider shall recommend that a case may not attend a school, workplace, or child care facility from the onset of illness through the 5th day after onset of parotitis.

B. Control of Contacts.

(1) Nonimmune Individuals.

(a) Nonimmune individuals for mumps, in general, are people who:

(i) Have not received two doses of mumps containing vaccine on or after the first birthday;

(ii) Have no documentation of immunity or disease; or

(iii) Were born in or after 1957.

(b) A health officer shall restrict or exclude a nonimmune contact from attending a school, health care facility, child care facility, or workplace until 25 days after the onset of parotitis in the last case of mumps.

(2) A health officer:

(a) May require all nonimmune individuals to be excluded from a school, workplace, or child care facility when a case of mumps is diagnosed or suspected in a student, employee, or volunteer of the school or facility; and

(b) Shall authorize readmission upon documented proof of immunity in the form of:

(i) An immunization record;

(ii) A serologic test; or

(iii) The low likelihood of disease transmission.

C. Infection Control. A health care provider shall practice droplet precautions for 5 days after onset of parotitis.

.12-2 Pertussis. 

A. Control of a Case.

(1) A health officer or health care provider shall recommend that a case may not attend school, a workplace, or a child care facility until the patient has received at least 5 days of appropriate antibiotics.

(2) If a case does not receive antibiotics, a health officer shall restrict or exclude the case from attending a school, health care facility, child care facility, or workplace for 3 weeks after onset of cough.

B. Control of Contacts. A health officer may:

(1) Require all inadequately immunized household contacts younger than 7 years old to be excluded from schools, child care facilities, and public gatherings:

(a) For 21 days after last exposure; or

(b) Until the case patients and contacts have received 5 days of appropriate antibiotics;

(2) Require all contacts to verify immunization status and be brought up to date if not adequately immunized to protect against subsequent exposure; and

(3) Require antibiotic prophylaxis for contacts of cases. 

C. Infection Control. A health care provider shall practice droplet precautions for the shorter of:

(1) 21 days after onset of cough; or

(2) When a case has been on appropriate antibiotics for 5 days.

.14 Rabies.

A.—C. (text unchanged)

D. Confinement or Examination of Animals. [The] A health officer or the Maryland Public Health Veterinarian shall direct the quarantine, examination, control, and disposition of any animal that bites or otherwise potentially exposes a human to rabies, according to COMAR 10.06.02.

.15 Rubella (German Measles).

A. Control of a Case.

[(1)] A health officer or health care provider shall recommend that a case [be]:

(1) Be isolated from a woman of childbearing age who is not immune or is of unknown immunity, from the onset of illness through the 7th day after appearance of the rash[.

(2) A case may]; and

(2) May not attend a school, workplace, or child care facility from the onset of the illness through the 7th day after the appearance of the rash.

B. Control of Contacts.

(1) Nonimmune Contacts.

(a) Nonimmune individuals for rubella, in general, are people who:

(i) Have not received at least one dose of rubella containing vaccine on or after the first birthday;

(ii) Have no documentation of immunity or disease; or

(iii) Were born in or after 1957.

(b) A health officer shall restrict or exclude a nonimmune contact from attending a school, health care facility, child care facility, or workplace until 21 days after the onset of rash in the last case of rubella.

(2) [The] A health officer:

[(1)] (a) May require all nonimmune individuals to be excluded from a school, workplace, or child care facility when a case of rubella is diagnosed or suspected in a student, [or other] employee, or volunteer of [that] the school or facility; and

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

C. Infection Control. A health care provider shall [specify] practice droplet precaution for 7 days after onset of the rash.

D. Proof of Immunity for [Hospital] Health Care Workers.

(1) A worker born in or after [1956] 1957 working at least 20 hours each week who is newly retained as medical staff, a direct or contractual employee, or a volunteer of a hospital classified as a “general hospital” under Health-General Article, §19-307, Annotated Code of Maryland, shall have documentation of receipt of either one dose of live rubella virus vaccination on or after becoming 1 year old or proof of immunity by blood test for antibody to rubella. The hospital shall keep the vaccine or immunity status of each worker on file.

(2) (text unchanged)

.16 Salmonellosis.

A. Control of a Case.

[(1) The health officer shall restrict or exclude a case with diarrhea due to or presumed due to salmonellosis from:

(a) Attending:

(i) A child care facility; or

(ii) A family day care home; or

(b) Participation in an occupation involving the:

(i) Handling of food; or

(ii) Care of patients, young children, or the elderly.

(2) Unless the health officer restricts or excludes the case when the health officer determines the case to be a risk based on Regulation .06D of this chapter, a case who has been without diarrhea due to or presumed due to salmonellosis for at least 24 hours may:

(a) Attend:

(i) A child care facility; or

(ii) A family day care home; or

(b) Participate in an occupation involving the:

(i) Handling of food; or

(ii) Care of patients, young children, or the elderly.

(3) If a health officer has restricted or excluded a case under §A(1) and (2) of this regulation, the health officer shall approve resumption of child care attendance or occupational duties when:

(a) The case's fecal cultures are Salmonella-free on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given; or

(b) The health officer determines that the likelihood of disease transmission is low.]

(1) For a case with diarrhea due to or presumed due to salmonellosis, a health officer shall restrict or exclude a case from:

(a) Attending a child care facility; or

(b) Participating in an occupation involving:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(2) For a case who has been without diarrhea for at least 24 hours, unless a health officer otherwise restricts or excludes the case based on Regulation .06D of this chapter, the case may:

(a) Attend a child care facility; and

(b) Participate in an occupation involving:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(3) If a health officer has restricted or excluded a case under §A(1) of this regulation or Regulation .06D of this chapter, the health officer shall approve resumption of child care attendance or occupational duties when:

(a) The case’s fecal cultures are Salmonella-free on two consecutive specimens collected:

(i) Not less than 24 hours apart; and

(ii) If antibiotics have been given, not sooner than 48 hours following discontinuation of antibiotics; or

(b) The health officer determines that the likelihood of disease transmission is low.

B. Control of Contacts at Increased Risk of Transmitting Salmonellosis.

(1) [The] A health officer shall restrict or exclude from child care or an occupational setting a contact who has diarrhea, until at least 24 hours after diarrhea ceases, if the contact is in the household of a case or is a close contact who:

(a) [Who attends:] Attends a child care facility; or

[(i) A child care facility; or

(ii) A family day care home; or]

(b) [Whose] Participates in an occupation [involves] involving:

(i) Food handling; [or]

(ii) [Care of patients, young children, or the elderly] Patient care; or

(iii) Care of young children or the elderly.

(2) If an individual is a contact of a case as specified in §B(1) of this regulation, and that individual has diarrhea at the time of the health department's investigation of the case, then the contact shall submit for examination two fecal specimens taken [at] not:

(a) [less] Less than 24 hours apart; and [not]

(b) [sooner] Sooner than 48 hours following discontinuation of antibiotics if antibiotics have been given.

(3) If either of the specimens referred to in §B(2) of this regulation is positive for Salmonella, [the] a health officer shall consider the contact to be a case, and the control measures specified in §A of this regulation apply.

C.—D. (text unchanged)

.17 Syphilis and HIV.

A. Control of a Case.

(1) (text unchanged)

(2) An individual under medical observation for diagnosis of syphilis or HIV shall remain under medical supervision until the:

(a) (text unchanged)

(b) Syphilis or HIV, if present, has been reported to [the] a health officer;

(c)—(d) (text unchanged)

(3) A physician shall report to [the] a health officer within 1 working day and in writing the name and address of an individual who is:

(a)—(b) (text unchanged)

(4) A health officer shall:

(a)—(b) (text unchanged)

(c) Forward to the Secretary immediately a report of an individual reported under the provisions of [§A] §A(3) of this regulation or Health-General Article, §18-201.1, Annotated Code of Maryland, who is outside the health officer’s territorial jurisdiction for referral to the health officer of the proper jurisdiction.

B. Control of Contacts.

(1) A physician in attendance upon a patient having syphilis or HIV:

(a) Shall endeavor to bring an individual with whom the patient has had potentially infectious contact to examination and, as appropriate, prophylaxis by:

(i) Requesting [the] a health officer to conduct a contact investigation of any case of syphilis or HIV; or

(ii) (text unchanged)

(b) Shall report immediately to [the] a health officer an individual identified as having had potentially infectious contact with a patient having syphilis reported under the provisions of §A(3) of this regulation; and

(c) May report to [the] a health officer an individual identified as having had potentially infectious contact with a patient having HIV reported under Health-General Article, §18-201.1, Annotated Code of Maryland, if a patient that has been informed of the patient’s HIV positive status refuses to notify the patient’s sexual and needle-sharing partners.

(2)—(3) (text unchanged)

C. (text unchanged)

D. Congenital Syphilis.

(1) (text unchanged)

(2) A physician in attendance upon an infant born to an untreated woman who has a positive serological test for syphilis shall:

(a) (text unchanged)

(b) Report immediately to [the] a health officer the following information:

(i)—(iii) (text unchanged)

(3) (text unchanged)

.18 Other Sexually Transmitted Infections.

A. Control of a Case.

(1) Hepatitis, viral type B, [— see Regulation .11] as discussed in Regulation .11 of this chapter.

(2) (text unchanged)

B.—C. (text unchanged)

.19 Shigellosis.

A. Control of a Case.

(1) A case may not attend a child care facility until [the]:

(a) The case's fecal cultures are Shigella-free on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given[,]; or [until the]

(b) A health officer approves readmission based on the low likelihood of disease transmission.

(2) A case, with or without diarrhea, may not participate in occupations involving food handling, patient care, or care of young children or the elderly until [the]:

(a) The case's fecal cultures are Shigella-free on two consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, if antibiotics have been given[,]; or [until the]

(b) A health officer approves resumption of occupational duties based on the low likelihood of disease transmission.

B. Control of Contacts.

[(1) The health officer shall require a culture of feces only from a household member or close contact who attends a child care facility or whose occupation involves food handling, patient care, or care of young children or the elderly.]

(1) A health officer shall require a culture of feces only from a household member or close contact who:

(a) Attends a child care facility; or

(b) Whose occupation involves:

(i) Food handling;

(ii) Patient care; or

(iii) Care of young children or the elderly.

(2) A contact shall submit for examination two fecal specimens taken at an interval of not less than 24 hours apart.

(3) If either of [these] the specimens collected under §B(2) of this regulation is positive for Shigella, the health officer shall consider the contact to be a case, and the control measures specified in §A of this regulation shall apply.

C. (text unchanged)

[.21] .20 Tuberculosis.

A. Control of a Case and Suspected Case.

(1) A health care provider shall immediately send notification that they have a patient who is suspected of being in a communicable stage to the local health officer of the jurisdiction in which the patient is currently located.

(2) A health care provider may not discharge a patient who is suspected of being in a communicable stage until the local health department of the jurisdiction in which the patient is located has been informed of and concurs with the planned discharge or release of the individual.

[(1)] (3)—[(4)] (6) (text unchanged)

[(5)] (7) [The] A health officer shall monitor the treatment of individuals with tuberculosis and suspected tuberculosis to determine if the treatment is appropriate.

[(6)] (8) A health officer [or health care provider treating an individual with tuberculosis or suspected tuberculosis may:

(a) Impose limitations on travel; and

(b) Place restrictions on hospital discharge] may impose limitations on travel and place restrictions on hospital discharge for an individual with tuberculosis or suspected tuberculosis.

[(7)] (9) [The] A health officer may remove the limitations and restrictions set forth in [§A(6)] §A(8) of this regulation when appropriate and consistent with the individual's tuberculosis treatment plan.

[(8)] (10)[(9)] (11) (text unchanged)

B. Control of Contacts. [The] A health officer shall:

(1)—(2) (text unchanged)

(3) Provide for the supervised presumptive treatment of latent tuberculosis infection for a child younger than [4] 5 years old identified as a close contact to a confirmed case or suspected case of active pulmonary tuberculosis.

[.22] .21 Typhoid Fever (Salmonella Typhi) and Paratyphoid Fever (Salmonella Paratyphi A, Salmonella Paratyphi B tartrate negative, and Salmonella Paratyphi C).

A. Control of a Case.

(1) A case may not attend a child care facility until fecal specimens are Salmonella-free on three consecutive specimens collected not less than 24 hours apart and not sooner than 48 hours following discontinuation of antibiotics, or until [the] a health officer approves readmission based on the low likelihood of transmission.

(2) (text unchanged)

(3) A health officer shall supervise a case and release a case from supervision only after fecal specimens are culture negative for Salmonella [typhi] Typhi or Paratyphi on three consecutive specimens collected not [less than 24 hours apart, not sooner than 48 hours following discontinuation of antibiotics, and not earlier than 1 month after onset or date of first positive culture if asymptomatic.]:

(a) Less than 24 hours apart;

(b) Sooner than 48 hours following discontinuation of antibiotics; and

(c) Earlier than 1 month after onset or date of first positive culture if asymptomatic.

(4) (text unchanged)

(5) If a person continues to excrete Salmonella [typhi] Typhi or Paratyphi at 12 months, the requirements of §D of this regulation apply.

B. Control of Contacts of a Case. Household, sexual, and other close contacts of a case may not attend a child care facility or participate in occupations involving food handling, patient care, or care of young children or the elderly until two consecutive cultures of feces taken at least 24 hours apart are negative for Salmonella [typhi] Typhi or Paratyphi.

C. (text unchanged)

D. Control of Carriers.

(1) A health officer shall:

(a) Monitor the location, occupation, and bacteriological status of a carrier of Salmonella [typhi] Typhi or Paratyphi;

(b)—(g) (text unchanged)

(2) (text unchanged)

(3) A carrier:

(a) May not participate in occupations involving:

(i) [food] Food handling[,];

(ii) [patient] Patient care[,]; or

(iii) [care] Care of young children or the elderly;

(b) (text unchanged)

(c) Shall keep [the] a health officer informed at all times of the carrier's address and occupation, and shall notify the health officer at once of any change in address or occupation.

E. Control of Contacts of a Carrier.

(1) (text unchanged)

(2) A contact shall submit for examination two fecal specimens taken at an interval of not less than 24 hours apart.

(3) If either of the specimens required in §E(2) of this regulation is positive for Salmonella [typhi] Typhi or Paratyphi, then the health officer shall consider the contact to be a case, and the control measures specified in §A of this regulation apply.

[.23] .22 Sale and Distribution of Reptiles.

A. Scope.

(1) Pursuant to the authority conferred upon the Secretary by Health-General Article, §18-219, Annotated Code of Maryland, the Secretary has determined that reptiles and reptile eggs are dangerous to human health and safety in that human contact with reptiles and reptile eggs may spread disease to humans. [With this regulation, the]

(2) The Secretary prohibits the sale or public distribution of turtles with a carapace length of less than 4 inches and viable reptile eggs.

[(2)] (3)—[(5)] (6) (text unchanged)

B. Reptile Sales.

(1) A person may not sell in Maryland viable reptile eggs or live turtles with a carapace length of less than 4 inches, except as otherwise provided in [§A(3)] §A(4) of this regulation.

(2) (text unchanged)

C.—D. (text unchanged)

[.24] .23 Communicable Disease Information Provided With Sale and Distribution of Pet Animals.

To help prevent the spread of a communicable disease, a seller or a group of sellers who prepares or causes to be prepared a pamphlet, flyer, or other printed information on the handling of one or more pet animals and who distributes [this] the pamphlet, flyer, or other printed information, shall ensure that [this] the pamphlet, flyer, or other printed information stresses the:

A. [importance] Importance of handwashing after contact with a reptile or other pet animals or its surroundings[,]; and [the]

B. [need] Need to consult a physician if [a] one or more of the following individuals live in the household for which a pet animal is purchased:

(1) A child younger than 5 years old[, a];

(2) A pregnant woman[,]; or [an]

(3) An immunocompromised individual [lives in the household for which a pet animal is purchased].

[.25] .24 Control of Communicable Diseases in Pet Stores.

A. (text unchanged)

B. [The] To ensure prevention and control of diseases common to and shared among humans and animals, the Department recommends that pet stores utilize the Compendium of Animal Rabies Prevention and Control, the Compendium of Measures To Control Chlamydophila psittaci Infection Among Humans (Psittacosis) and Pet Birds (Avian Chlamydiosis), and the Compendium of Measures to Prevent Disease Associated with Animals in Public Settings, issued by the National Association of State Public Health Veterinarians[, to ensure prevention and control of diseases common to and shared among humans and animals].

C. (text unchanged)

D. A health officer:

(1) May delegate the authority to conduct annual pet store inspections to another specified agency such as, but not limited to, [the] local animal control; and

(2) (text unchanged)

E. Enforcement. An authorized law enforcement officer or local animal control authority shall promptly enforce a written order of [the] a health officer or the Maryland Public Health Veterinarian issued pursuant to COMAR 10.06.02.

F. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 07 HOSPITALS

10.07.02 Nursing Homes

Authority: Health-General Article, §§19-308, 19-308.1, 19-323, and 19-1401 et seq.; Public Safety Article, §14-110.1; Annotated Code of Maryland

Notice of Proposed Action

[20-035-P-I]

The Secretary of Health proposes to amend Regulations .01—.03, .33, and .40 under COMAR 10.07.02 Nursing Homes.

Statement of Purpose

The purpose of this action is to:

(1) Update the incorporation by reference in COMAR 10.07.02.02 to reflect the most current industry guidelines;

(2) Remove the incorporation by reference for two outdated CMS guidelines;

(3) Update the licensing language in COMAR 10.07.02.03;

(4) Update the name of the agency referred to in COMAR 10.07.02.01 and 10.07.02.33 from Office of Infectious Disease Epidemiology and Outbreak Response to Infectious Disease Epidemiology and Outbreak Response Bureau;

(5) Clarify references within the nursing home regulations; and

(6) Remove duplicative language in COMAR 10.07.02.40.

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 Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 18, 2020. 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 Guidelines for Design and Construction of Residential Health, Care, and Support Facilities, The Facility Guidelines Institute 2018 Edition, 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 47:1 Md. R. 9 (January 3, 2020), 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 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(27) (text unchanged)

(28) “Infection preventionist” means a licensed healthcare worker who:

(a) (text unchanged)

(b) Has completed a minimum of 15 contact hours of infection prevention and control training that is approved by the[:

(i) Department’s Office of Infectious Disease Epidemiology and Outbreak Response; and

(ii) Office of Health Care Quality.] Infectious Disease Epidemiology and Outbreak Response Bureau for the Department.

(29)—(76) (text unchanged)

.02 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated.

[(1) CMS Long-term Care Facility Resident Assessment Instrument 3.0 User’s Manual, (Version 1.14, October 2016).

(2) CMS Manual System, Pub. 100-07 State Operations Provider Certification, (Transmittal 127, November 26, 2014, U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services).]

[(3)] (1) Guidelines for Design and Construction of Residential Health, Care, and Support Facilities[. (2014)], The Facility Guidelines Institute[, which is incorporated in COMAR 10.07.01.02] 2018 Edition.

[(4)] (2)—[(9)] (7) (text unchanged)

.03 License Required.

A. A person may not establish, operate, or continue the operation of an existing comprehensive care facility or extended care facility without first obtaining a license from the Secretary. [A license is valid for 2 years from the date of issuance, unless revoked by the Secretary.]

B.—C. (text unchanged)

D. Posting of License Application and Instructions for Written Comment.

(1) At least 50 days before the anticipated date of the new license [or relicensure], a facility shall conspicuously post:

(a) Its application for initial license [or license renewal]; or

(b) A notice describing where in the facility the application for licensure [or relicensure] may be found.

(2)—(3) (text unchanged)

E.—H. (text unchanged)

.33 Infection Prevention and Control Program.

A. (text unchanged)

B. Infection Preventionist.

(1) (text unchanged)

(2) The infection preventionist shall attend or have attended a basic infection prevention and control training course that is approved by the[:

(a) Office of Health Care Quality; and

(b) Office of Infectious Disease Epidemiology and Outbreak Response] Infectious Disease Epidemiology and Outbreak Response Bureau for the Department.

(3) (text unchanged)

C.—F. (text unchanged)

.40 Emergency and Disaster Plan.

A. Emergency and Disaster Plan.

(1)—(8) (text unchanged)

[(9) The licensee shall identify an emergency and disaster planning liaison for the facility and shall provide the liaison's contact information to the local emergency management organization.

(10) The licensee shall prepare an executive summary of its evacuation procedures to provide to a resident, family member, or legal representative upon request. The summary shall, at a minimum:

(a) List means of potential transportation to be used in the event of evacuation;

(b) List potential alternative facilities or locations to be used in the event of evacuation;

(c) Describe means of communication with family members and legal representatives;

(d) Describe the role and responsibilities of the resident, family member, or legal representative in the

event of an emergency situation; and

(e) Notify families that the information provided may change depending upon the nature or scope of the emergency or disaster.]

[(11)] (9)[(13)] (11) (text unchanged)

B.—C. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.07 Medical Day Care Services

Authority: Health-General Article, §§2-104(b), 15-105, and 15-111, Annotated Code of Maryland

Notice of Proposed Action

[20-036-P]

The Secretary of Health proposes to amend Regulations .03, .05, and .08 under COMAR 10.09.07 Medical Day Care Services.

Statement of Purpose

The purpose of this action is to:

(1) Clarify medical day care provider requirements for the care planning process;

(2) Change instances of the term “physician” to “primary care providers”; and

(3) Update the medical day care service per diem rate in accordance with the Fiscal Year (FY) 2020 State budget.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. The Fiscal Year (FY) 2020 budget includes a 3 percent rate increase for medical day care providers. The total impact for FY 2020 is $4,353,816.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

$4,353,816

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(+)

$4,353,816

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. This amount assumes:

(1) Estimated impacts are based on FY 2018 utilization (1,814,090 claims). Medical day care service utilization will remain consistent.

(2) The FY 2020 per diem rate, $82.24, is calculated using the FY 2019 per diem rate, $79.84, plus a 3 percent increase. The difference between the FY 2020 and FY 2019 per diem rates is $2.40.

(3) In FY 2020, the total magnitude of the rate increase on Medicaid expenditures for medical day care services is $4,353,816. This is equal to the difference between projected FY 2020 expenditures and FY 2019 expenditures ($2.40), multiplied by FY 2018 utilization (1,814,090 claims).

(4) This amount is subject to 50 percent federal match ($2,176,908 federal funds and $2,176,908 general funds).

D. See A. above.

Economic Impact on Small Businesses

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

Small businesses enrolled in the Program as medical day care providers will benefit from the rate increase. Additionally, their multidisciplinary teams will be required to adhere to the new requirement to obtain the participant’s or participant’s representative’s signature to document their approval of the individual plan of care.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.03 Conditions for Participation.

Requirements for providing medical day care services are that the providers shall:

A.—L. (text unchanged) 

M. Establish a multidisciplinary team who shall:

(1)—(2) (text unchanged) 

(3) Develop an individual plan of care in conjunction with the service plan; [and]

(4) Review and update with the participant or participant’s representative, the individual plan of care semi-annually, or more frequently when a significant change in condition is identified or reported; and

(5) Obtain the signature of the participant or the participant’s representative to document their approval of the individual plan of care semi-annually, or more frequently when a significant change in condition is identified or reported.

N.—O. (text unchanged) 

.05 Covered Services.

A. The Program reimburses for a day of care which includes the following services:

(1)—(2) (text unchanged) 

(3) Physical therapy services, performed by or under supervision of a licensed physical therapist, which meet the following conditions:

(a) Are of a diagnostic, rehabilitative, therapeutic, or maintenance nature, and are provided with the expectation based on the assessment made by the [physician] primary care provider, that a participant will improve significantly in a reasonable and generally predictable period of time, or are necessary for the establishment of a safe and effective maintenance program required in connection with a specific disease state;

(b) Are directly related to the [physician's] primary care provider’s written plan of care which specifies:

(i)—(iv) (text unchanged)

(c)—(d) (text unchanged)

(4) Occupational therapy services, performed by an occupational therapist, that meet the following conditions:

(a) (text unchanged)

(b) The services are directly related to the [physician's] primary care provider’s written plan of care which specifies the treatment to be rendered, the frequency and duration of treatment, and the expected results of treatment;

(c)—(d) (text unchanged)

(5)—(9) (text unchanged)

B. (text unchanged) 

.08 Payment Procedures.

A.—C. (text unchanged)

D. Per Diem Rate.

(1) Payment to a provider of medical day care services shall be on a per diem basis. The per diem rate is [$79.84] $82.24 effective [July 1, 2018] July 1, 2019.

(2) The per diem rate shall increase on July 1 of each year by [3] 4 percent, subject to the limitations of the State budget.

E.—F. (text unchanged)

ROBERT R. NEALL
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.46 Home and Community-Based Services Waiver for Individuals with Brain Injury

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

Notice of Proposed Action

[20-037-P]

     The Secretary of Health proposes to amend Regulations .01, .03—.05, .07—.09-1, and .10—.12 under COMAR 10.09.46 Home and Community-Based Waiver for Individuals with Brain Injury.

Statement of Purpose

The purpose of this action is to update Home and Community-Based Waiver for Individuals with Brain Injury regulations to align with approved waiver application and ensure regulations reflect approved methods and language. Specifically, the proposed action:

(1) Updates the formal name of the operating State agency and the accrediting entity and their associated acronyms where they appear in regulations;

(2) Removes the word “traumatic” from the required diagnosis of a brain injury;

(3) Amends the service definition of individual supports services;

(4) Changes the billable increment for individual supports services from 1 hour to 15 minutes, and adjusts the permitted quantity of service units accordingly; and

(5) Increases the maximum number of units per week the Program may reimburse for supported employment and day habilitation.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

Estimate of Economic Impact

I. Summary of Economic Impact. In order to align with the CMS-approved 1915(c) Home and Community-Based Services Waiver for Individuals with Brain Injury renewal application, the proposed action changes the billable increment for individual supports services (ISS) from 1 hour to 15 minutes and increases the maximum number of units of supported employment and day habilitation per week. The purpose of this change is to provide flexibility for participants.

 

 

Revenue (R+/R-)

 

II. Types of Economic Impact.

Expenditure (E+/E-)

Magnitude

 


A. On issuing agency:

NONE

Indeterminable

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

(-)

Indeterminable

E. On other industries or trade groups:

NONE

F. Direct and indirect effects on public:

NONE

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

A. The proposed action changes the billable increment for individual supports services (ISS) from 1 hour to 15 minutes. The Program anticipates a slight cost savings because providers will be able to bill for services rendered in smaller, more precise increments. Additionally, the proposed action increases the maximum number of units per week of supported employment and day habilitation for which the Program may reimburse. The Program anticipates a slight cost increase due to this change should participants decide to utilize the two additional units (days) of support employment or day habilitation each week. Overall, the economic impact is indeterminable because, while the Program will save money through more accurate billing for ISS, it is unable to estimate potential increases in utilization of supported employment and day habilitation services.

D. See D. above.

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 Jake Whitaker, Acting Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through February 18, 2020. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) “Behavioral Health Administration (BHA)” means the administration of the Department that:

(a) Is charged with the responsibility for providing services to individuals with behavioral health conditions as defined by Health-General Article, Title 10, Annotated Code of Maryland;

(b) Is designated as the State’s lead agency for service delivery to individuals with brain injury; and

(c) Manages the BI waiver, in collaboration with the Program and in accordance with a memorandum of agreement signed with the Program.

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

[(4)] (5) “CARF” means the [Rehabilitation Accreditation Commission, a not-for-profit] Commission on Accreditation of Rehabilitation Facilities, a nonprofit accrediting body which promotes quality, value, and optimal outcomes of services through a consultative accreditation process that centers on enhancing the lives of individuals receiving services.

[(5)] (6)[(9)] (10) (text unchanged)

[(10) “Family and individual support services (FISS)” means assistance provided to an individual to enable participation in the community, which may include, but are not limited to, supports involving:

(a) Budgeting;

(b) Medication administration;

(c) Counseling;

(d) Helping an individual to access and complete the individual's education;

(e) Participating in recreational and social activities;

(f) Accessing community services;

(g) Grocery shopping;

(h) Behavioral and other services and supports needed by the family of the individual; and

(i) Developing relationships.]

(11)—(12) (text unchanged)

(13) “Individual support services (ISS)” [has the same meaning as “family and individual support services” which is defined in §B(9) of this regulation] means individual supports provided to a participant to support independence in the participant’s own home or community.

(14) (text unchanged)

[(15) “Mental Hygiene Administration (MHA)” means the administration of the Department that:

(a) Is charged with responsibility for providing services to mentally ill individuals as defined by Health-General Article, Title 10, Annotated Code of Maryland;

(b) Is designated as the State's lead agency for service delivery to individuals with brain injury; and

(c) Manages the BI waiver, in collaboration with the Program and in accordance with a memorandum of agreement signed with the Program.]

[(16)] (15)[(18)] (17) (text unchanged)

[(19)] (18) “Provider” means an individual or an agency that:

(a) Is approved by the [MHA] BHA and the Program as meeting the conditions for waiver participation specified in Regulations .05 and .06 of this chapter; and

(b) (text unchanged)

[(20)] (19)[(26)] (25) (text unchanged)

.03 Participant Eligibility.

A. Medical Eligibility for the Waiver.

(1) (text unchanged)

(2) Every 12 months, or more frequently if determined necessary by the [MHA] BHA or Program due to a significant change in the participant's condition or need, a participant's medical need for nursing facility level of care or special hospital level of care shall be reevaluated by the Program's utilization control agent.

B. Technical Eligibility for the Waiver. An applicant or participant shall be determined by the [MHA] BHA, using the form for determination of eligibility for BI waiver services, to meet the waiver's technical eligibility criteria if the individual:

(1) (text unchanged)

(2) Is diagnosed with [traumatic] brain injury as defined in Regulation [.01B(21)] .01B(4) of this chapter by a qualified physician;

(3) (text unchanged)

(4) Is receiving:

(a) (text unchanged)

(b) Brain injury community placement funded by the [MHA] BHA with all-State funds;

(c)—(d) (text unchanged)

(5)—(9) (text unchanged)

C.—D. (text unchanged)

E. Overall Waiver Eligibility.

(1) Using the form for determination of eligibility for BI waiver services, if an applicant is determined by the [MHA] BHA:

(a) To meet all of the criteria specified [above] in §§A—C of this regulation, the [MHA] BHA or its authorized representatives shall sign and date the form to certify waiver eligibility and establish the effective date for waiver enrollment; or

(b) Not to meet all of the criteria specified in §§A—C of this regulation:

(i) The [MHA] BHA or its authorized representatives shall sign and date the form to certify waiver ineligibility determination and specify in writing the reason or reasons for the determination; and

(ii) (text unchanged)

(2) Every 12 months, or more often if there is a significant change in the participant's condition or needs:

(a) The [MHA] BHA and the Program's utilization control agent shall reevaluate whether the participant remains eligible for the waiver by meeting all of the criteria specified in §§A—C of this regulation;

(b) The [MHA] BHA or its authorized representatives shall sign and date the form for determination of eligibility for BI waiver services to certify the redetermination of waiver eligibility; and

(c) If the [MHA] BHA determines that the participant no longer meets all of the eligibility criteria specified in §§A—C of this regulation, the:

(i) Participant's eligibility shall be terminated, as of the effective date established by the [MHA] BHA; and

(ii) (text unchanged)

F. (text unchanged)

.04 Program Model.

A. The program services and supports shall:

(1)—(2) (text unchanged)

(3) Provide services that are:

(a)—(b) (text unchanged)

(c) Coordinated by [MHA’s] BHA’s administrative case manager with other medical rehabilitation, mental health, and primary care services that the individual is receiving; and

(4) (text unchanged)

B. Development of the Initial Waiver Plan of Care. Before the start of waiver services:

(1)—(2) (text unchanged)

(3) The [MHA’s] BHA’s authorized representative shall review the initial waiver plan of care and sign to indicate approval if the plan of care is determined to be:

(a)—(c) (text unchanged)

C. Waiver Plan of Care.

(1) The participant's waiver plan of care:

(a)—(e) (text unchanged)

(f) Is subject to the [MHA’s] BHA’s approval.

(2) (text unchanged)

D. Periodic Review of the Waiver Plan of Care.

(1) At least every 12 months or more frequently if determined necessary by the [MHA] BHA:

(a)—(b) (text unchanged)

(c) The [MHA] BHA or its authorized representative shall review the revised waiver plan of care, and if the plan of care is determined to meet all of the criteria specified in §C(3) of this regulation, sign to indicate approval.

(2) (text unchanged)

.05 Conditions for Provider Participation — General.

General requirements for participation in the Medical Assistance Program as a provider of BI waiver services are that the provider, with the exception of a medical day care provider, shall:

A. Be approved by the [MHA] BHA as meeting the requirements and able to provide the services specified in this chapter;

B.—F. (text unchanged)

G. Provide an annual continuing education program approved by [MHA] BHA for all staff working with waiver participants on the needs of individuals with BI that may include:

(1)—(3) (text unchanged)

H. (text unchanged)

I. Agree to provide and bill [MHA] BHA or its authorized representative for only those services covered under this chapter which have been preauthorized in the participant's waiver plan of care; and

J. (text unchanged)

.07 Covered Services — Residential Habilitation Services.

A.—C. (text unchanged)

D. Levels of Service.

(1) Services provided in a residential program shall be provided and reimbursed at one of three levels of service, as preauthorized in the participant's waiver plan of care approved by the [MHA] BHA.

(2)—(4) (text unchanged)

.08 Covered Services — Day Habilitation Services.

A.—E. (text unchanged)

F. Levels of Service.

(1) Services provided in a day habilitation program shall be provided and reimbursed at one of three levels of service, as preauthorized in the participant's waiver plan of care approved by the [MHA] BHA.

(2)—(4) (text unchanged)

G. (text unchanged)

.09 Covered Services — Supported Employment Services.

A.—B.  (text unchanged)

C. Levels of Service.

(1) Services shall be provided and reimbursed at one of three levels of service, as preauthorized in the participant's waiver plan of care approved by the [MHA] BHA.

(2)—(4) (text unchanged)

D.—E. (text unchanged)

.09-1 Covered Services — Individual Support Services.

A. Individual support services, as defined in Regulation .01B of this chapter, shall be provided in a community setting, including the participant's home, excluding a [community-based] provider owned or controlled residential facility.

B. [Individual support services shall assist participants to live as independently as possible in their own homes.] The covered services may include but are not limited to assistance with:

(1) Activities of daily living;

(2) Budgeting and money management;

(3) Completing homework;

(4) Preparing meals;

(5) House cleaning, chores, and laundry;

(6) Grocery shopping;

(7) Using public transportation;

(8) Attending school or social events;

(9) Participating in any form of recreation or leisure activities;

(10) Participating in organized worship or spiritual activities;

(11) Volunteering; and

(12) The coordination of medical care, public resources, and community supports.

C. (text unchanged)

D. Individual support services shall be provided as pre-authorized by [MHA] BHA and included in the waiver plan of care and provided in [1-hour] 15-minute units.

.10 Conditions for Reimbursement.

The Department shall reimburse for services covered under this chapter if the services are:

A. (text unchanged)

B. Preauthorized in the participant's waiver plan of care by the [MHA] BHA, as being reasonable and medically necessary to prevent institutionalization;

C.—D. (text unchanged)

.11 Limitations.

A.—B. (text unchanged)

C. The Program shall reimburse for a participant not more than:

(1)—(3) (text unchanged)

(4) A combined maximum of [five] seven units of supported employment and day habilitation per week; or

(5) [Eight] 32 units of individual support services for a date of service.

D. (text unchanged)

.12 Payment Procedures.

A. Request for Payment.

(1) An approved provider, with the exception of a medical day care provider, shall submit requests for payment to [MHA] BHA or its authorized representative for the services covered under this chapter, according to procedures set forth in COMAR 10.09.36.04 or otherwise established by the Department. Medical day care providers shall submit requests for payment to the Department in accordance with COMAR 10.09.07.08.

(2) (text unchanged)

B.—C. (text unchanged)