Capitol Building Maryland Register

Issue Date: November 20, 2020

Volume 47 •  Issue 24  • Pages 1017 — 1058

IN THIS ISSUE

Governor

Judiciary

Open Meetings and Compliance Board

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 2, 2020 5 p.m.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 November 2, 2020.
 
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 ...................................................................  1020

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1021

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

10        Maryland Department of Health ......................................  1036

20        Public Service Commission .............................................  1034

22        State Retirement and Pension System .............................  1050

26        Department of the Environment ......................................  1053

33        State Board of Elections ........................................  1033, 1054

 

PERSONS WITH DISABILITIES

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

 

The Governor

ORDER OF THE GOVERNOR OF THE STATE OF
   MARYLAND

NUMBER 20-10-16-01 — Amending and Restating the
   Order Dated April 3, 2020, Temporarily Prohibiting
   Evictions of Tenants Suffering Substantial Loss of Income
   Due to Covid-19, and Additionally Prohibiting Certain
   Repossessions, Restricting Initiation of Residential
   Mortgage Foreclosures, and Prohibiting Commercial
   Evictions ................................................................................  1023

ORDER OF THE GOVERNOR OF THE STATE OF
   MARYLAND

NUMBER 20-10-16-02 — Amending and Restating the
   Order of October 16, 2020, Allowing Reopening of Certain
   Businesses and Facilities, Subject to Local Regulation, and
   Generally Requiring Use of Face Coverings .  1024

PROCLAMATION

Renewal of Declaration of State of Emergency and Existence
   of Catastrophic Health Emergency — COVID-19 ...............
 1029

 

Open Meetings Compliance Board

SUMMARY OF OPINIONS ISSUED FROM JULY 1 TO
   SEPTEMBER 30, 2020
....................................................  1031

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................  1032

 

Emergency Action on Regulations

33  STATE BOARD OF ELECTIONS

EARLY VOTING

Early Voting Activities .  1033

 

Final Action on Regulations

20  PUBLIC SERVICE COMMISSION

APPLICATIONS CONCERNING THE CONSTRUCTION
   OR MODIFICATION OF GENERATING STATIONS,
   QUALIFIED GENERATOR LEAD LINES, AND OVERHEAD
   TRANSMISSION LINES

General  1034

Administrative Provisions .  1034

Details of Filing Requirements — Generating Stations .  1034

 

Proposed Action on Regulations

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

General Medical Assistance Provider Participation
   Criteria .  1035

BOARD OF PROFESSIONAL COUNSELORS AND
   THERAPISTS

Alcohol and Drug Counselors — Requirements for
   Certification and Licensure .  1036

Supervision Requirements for Licensed Graduate Alcohol and
   Drug Counselors and Graduate-Level Trainees ....................  1036

Supervision Requirements for Certified Alcohol and Drug
   Counselors and Trainees Pursuing Certification ...................  1036

22  STATE RETIREMENT AND PENSION SYSTEM

OPTION AND ANNUITY TABLES

Option Factors and Annuity Values .  1050

26  DEPARTMENT OF THE ENVIRONMENT

WATER MANAGEMENT

Construction on Nontidal Waters and Floodplains .  1053

33  STATE BOARD OF ELECTIONS

EARLY VOTING

Early Voting Activities ............................................................  1054

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting .  1055

Grandfathering (GF) Registration Notice .  1055

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES — PUBLIC
   NOTICE

Commercial Striped Bass Common Pool Hook and Line
   Fishery Modifications — Effective 11/3/2020 .  1056

 

General Notices

COMMISSION ON CRIMINAL SENTENCING POLICY

Public Hearing .  1057

Public Meeting .  1057

MARYLAND STATE LOTTERY AND GAMING CONTROL
   COMMISSION

Public Meeting .........................................................................  1057

MARYLAND HEALTH CARE COMMISSION

Public Meeting .........................................................................  1057

Receipt of Application .  1057

STANDING ADVISORY COMMITTEE ON OPIOID
   ASSOCIATED DISEASE PREVENTION AND OUTREACH
   PROGRAMS (SYRINGE SERVICE PROGRAMS)

Public Meeting .........................................................................  1057

RACING COMMISSION

Public Meeting .  1057

MARYLAND DEPARTMENT OF TRANSPORTATION

Public Hearing ..........................................................................  1058

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .  1058

BOARD OF WELL DRILLERS

Public Meeting .  1058

WORKERS’ COMPENSATION COMMISSION

Public Meeting .  1058

 

 

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 2021

 

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2020

December 4

November 16

November 23

November 25

December 18

November 30

December 7

December 9

2021

January 4***

December 14

December 21

December 23

January 15

December 28

January 4

January 6

January 29

January 11

January 15**

January 20

February 12

January 25

February 1

February 3

February 26

February 8

February 12**

February 17

March 12

February 22

March 1

March 3

March 26

March 8

March 15

March 17

April 9

March 22

March 29

March 31

April 23

April 5

April 12

April 14

May 7

April 19

April 26

April 28

May 21

May 3

May 10

May 12

June 4

May 17

May 24

May 26

June 18

May 28**

June 7

June 9

July 2

June 14

June 21

June 23

July 16

June 28

July 2**

July 7

July 30

July 12

July 19

July 21

 

*   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.

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.02.01.13 • 47:21 Md. R. 906 (10-9-20)

08.02.11.01,.03,.04 • 47:21 Md. R. 906 (10-9-20)

08.02.18.04—.06 • 47:22 Md. R. 938 (10-23-20)

08.03.08.01,.04—.09 • 47:23 Md. R. 980 (11-6-20)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.03.10.05 • 47:19 Md. R. 851 (9-11-20)

09.10.01.57 • 47:21 Md. R. 908 (10-9-20)

09.10.03.03,.08 • 47:21 Md. R. 909 (10-9-20)

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

09.12.31 • 47:17 Md. R. 802 (8-14-20)

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

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

09.29.01.02 • 47:19 Md. R. 851 (9-11-20)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitles 01—08 (1st volume)

 

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)

 

10.09.03.07 • 47:23 Md. R. 983 (11-6-20)

10.09.04.01,.03—.07 • 47:23 Md. R. 984 (11-6-20)

10.09.21.06 • 47:23 Md. R. 986 (11-6-20)

10.09.36.01,.08,.09 • 47:24 Md. R. 1035 (11-20-20)

10.09.37.03-1 • 47:22 Md. R. 939 (10-23-20)

10.09.77.06 • 47:23 Md. R. 986 (11-6-20)

 

     Subtitles 10 — 22 (3rd Volume)

 

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

10.14.08.01—.08 • 47:3 Md. R. 200 (1-31-20)

 

     Subtitles 23—36 (4th volume)

 

10.27.01.01,.05,.10 • 47:23 Md. R. 987 (11-6-20)

10.27.03.01—.03,.05,.08,.09,.11—.18 • 47:23 Md. R. 988 (11-6-20)

 

     Subtitles 37—68 (5th volume)

 

10.37.01.02 • 47:22 Md. R. 941 (10-23-20) (ibr)

10.38.07.02 • 47:22 Md. R. 941 (10-23-20)

10.58.01.01—.10 • 47:23 Md. R. 993 (11-6-20)

10.58.07.02—.16 • 47:24 Md. R. 1036 (11-20-20)

10.58.12.01—.10 • 47:23 Md. R. 993 (11-6-20)

10.58.13.01—.08 • 47:24 Md. R. 1036 (11-20-20)

10.58.14.01—.08 • 47:24 Md. R. 1036 (11-20-20)

10.62.01.01 • 47:22 Md. R. 942 (10-23-20)

10.62.15.06 • 47:22 Md. R. 942 (10-23-20)

10.62.17.02,.03 • 47:22 Md. R. 942 (10-23-20)

10.62.23.01 • 47:22 Md. R. 942 (10-23-20)

10.62.24.01 • 47:22 Md. R. 942 (10-23-20)

10.62.29.01 • 47:22 Md. R. 942 (10-23-20)

10.62.34.09 • 47:22 Md. R. 942 (10-23-20)

10.62.35.01 • 47:22 Md. R. 942 (10-23-20)

10.62.37.01—.21 • 47:22 Md. R. 942 (10-23-20)

10.64.02.01—.03 • 47:23 Md. R. 1002 (11-6-20)

10.67.04.03 • 47:23 Md. R. 1004 (11-6-20)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.06.04.01—.06 • 47:22 Md. R. 954 (10-23-20)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.01.04,.06 • 47:22 Md. R. 955 (10-23-20)

 

13A STATE BOARD OF EDUCATION

 

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

 

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.10.02 • 47:3 Md. R. 222 (1-31-20)

 

14 INDEPENDENT AGENCIES

 

14.22.01.02,.09,.10,.14 • 47:23 Md. R. 1005 (11-6-20)

14.38.01.04 • 47:23 Md. R. 1006 (11-6-20)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.15.02—.04 • 47:21 Md. R. 909 (10-9-20)

 

21 STATE PROCUREMENT REGULATIONS

 

21.11.13.01—.11 • 47:14 Md. R. 689 (7-6-20)

21.11.14.01—.10 • 47:14 Md. R. 689 (7-6-20)

21.11.15.01—.03 • 47:14 Md. R. 689 (7-6-20)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.02.01.01,.03—.05 • 47:24 Md. R. 1050 (11-20-20)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 13 — 18 (Part 3)

 

26.17.04.05 • 47:24 Md. R. 1053 (11-20-20)

 

31 MARYLAND INSURANCE ADMINISTRATION

 

31.01.02.02,.03,.06 • 47:20 Md. R. 878 (9-25-20)

31.03.02.03 • 47:19 Md. R. 852 (9-11-20)

31.03.19.01 • 47:19 Md. R. 853 (9-11-20)

31.08.03.04,.05,.07,.08 • 47:21 Md. R. 911 (10-9-20)

 

33 STATE BOARD OF ELECTIONS

 

33.17.06.05 • 47:24 Md. R. 1054 (11-20-20)

33.19.02.01 • 47:19 Md. R. 853 (9-11-20)

 

The Governor

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-10-16-01

 

Amending and Restating the Order Dated April 3, 2020, Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to Covid-19, and Additionally Prohibiting Certain Repossessions, Restricting Initiation of Residential Mortgage Foreclosures, and Prohibiting Commercial Evictions

 

WHEREAS, A state of emergency and catastrophic health emergency was proclaimed on March 5, 2020, and renewed on March 17, April 10, May 6, June 3, July 1, July 31, August 10, September 8, and October 6, 2020, to control and prevent the spread of COVID-19 within the state, and the state of emergency and catastrophic health emergency still exists;

 

WHEREAS, COVID-19, a respiratory disease that spreads easily from person to person and may result in serious illness or death, is a public health catastrophe and has been confirmed throughout Maryland;

 

WHEREAS, The spread of COVID-19 is likely to result in loss of work and loss of income for some residents of Maryland, which may impact their ability to pay for rental housing or repay mortgages, potentially resulting in loss of housing due to eviction or foreclosure;

 

WHEREAS, The spread of COVID-19 is likely to result in loss of business and income for some businesses in Maryland, which may impact their ability to pay for rental real estate, potentially resulting in eviction;

 

WHEREAS, To treat, prevent, or reduce the spread of COVID-19 caused by the transmission of the novel coronavirus, it may become medically necessary and reasonable to require individuals to remain in isolation or quarantine at their homes or to remain indoors;

 

WHEREAS, To protect the public health, welfare, and safety, it is necessary to suspend the effect of certain states, rules, or regulations of agencies of the State or political subdivisions relating to real property and breach of leases;

 

WHEREAS, To protect life and property, and control the public health catastrophe in Maryland, it is necessary to control the occupancy and use of buildings; and

 

WHEREAS, To avoid the serious health, welfare, and safety consequences that may result if Marylanders lose their housing as a result of COVID-19, it is necessary and reasonable to restrict certain evictions and residential foreclosures;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND IN AN EFFORT TO PROTECT THE PUBLIC HEALTH, WELFARE, AND SAFETY, DO HEREBY ORDER:

     I. The Order of the Governor of the State of Maryland, dated March 16, 2020, entitled “Temporarily Prohibiting Evictions of Tenants Suffering Substantial Loss of Income Due to COVID-19”, as amended and restated by Order of the Governor of the State of Maryland Number 20-04-03-01, dated April 3, 2020, is further amended and restated in its entirety as set forth herein.

     II. Definitions.  As used herein, the following terms have the following meaning:

          a. “Borrower” means, with respect to a mortgage or deed of trust, the mortgagor or grantor.

          b. “CARES Act” means the CARES Act, Pub. L. 116-136, as it may be amended from time to time.

          c. “Chattel Home” means personal property used as a person’s residence, including without limitation, mobile homes, trailers, and live-aboard boats.

          d. “CL” means the Commercial Law Article of the Maryland Code.

          e. “Commissioner” means the Commissioner of Financial Regulation of the State of Maryland.

          f. “Creditor” means a lender, credit grantor, lessor, or secured party.

          g. “Federal Mortgage Loan” means a loan secured by a mortgage or deed of trust that is a “federally backed mortgage loan”, as defined in Section 4022(a)(2) of the CARES Act.

          h. “Mortgage Loan” means, interchangeably and collectively, a Federal Mortgage Loan or a Non-Federal Mortgage Loan.

          i. “Non-Federal Mortgage Loan” means a loan secured by a mortgage or deed of trust that is not a Federal Mortgage Loan.

          j. “RP” means the Real Property Article of the Maryland Code.

          k. “Servicer” means the person responsible for the servicing of a Mortgage Loan (including the person who makes or holds such loan if such person also services the loan).

          l. “Substantial Loss of Income” means (i) with respect to an individual, a substantial loss of income resulting from COVID-19 or the related proclamation of a state of emergency and catastrophic health emergency, including, without limitation, due to job loss, reduction in compensated hours of work, closure of place of employment, or the need to miss work to care for a home-bound school-age child; and (ii) with respect to an entity, a substantial loss of income resulting from COVID-19 or the related proclamation of a state of emergency and catastrophic health emergency, including, without limitation, due to lost or reduced business, required closure, or temporary or permanent loss of employees.

     III. Prohibition on Certain Repossessions.  To the extent any statute, rule or regulation of the State of Maryland or any political subdivision would permit a Creditor to repossess any Chattel Home by self-help (including, without limitation, CL §§ 9-609, 12-115, 12-624, 12-1021, or 14-2008), such statute, rule, or regulation is hereby suspended until the state of emergency is terminated and the catastrophic health emergency is rescinded.

     IV. Residential Foreclosures. 

          a. Until the state of emergency is terminated and the catastrophic health emergency is rescinded, the effect of RP § 7-105(c) is hereby suspended as follows:  A sale of Residential Property (as defined in RP § 7-105.1(a)(12)) made pursuant to RP § 7-105, RP §§ 7-105.1 through 7-105.10, or the Maryland Rules, shall not have the effects described in RP § 7-105(c) unless:

              i. with respect to a property securing a Federal Mortgage Loan:

                   1. at least 30 days prior to sending a notice of intent to foreclose pursuant to RP § 7-105.1(c), the Servicer has sent a written notice to the Borrower stating the Borrower’s right to request a forbearance on the Federal Mortgage Loan under Section 4022(b) of the CARES Act; and

                   2. the Servicer has complied with all of its obligations with respect to the Federal Mortgage Loan (A) owed to the Borrower under the CARES Act, or (B) otherwise imposed by the federal government or a government sponsored enterprise; and

              ii. with respect to a property securing a Non-Federal Mortgage Loan:

                   1. the Servicer has notified the Borrower, in writing, that if the Borrower is experiencing a financial hardship due, directly or indirectly, to the COVID-19 emergency, the Borrower may request a forbearance on the Non-Federal Mortgage Loan, regardless of delinquency status, for a period up to 180 days, which may be extended for an additional period up to 180 days at the request of the Borrower (if such request is made during the initial 180 day forbearance period); provided, that, at the Borrower’s request, either the initial or extended period of forbearance may be shortened;

                   2. if the Borrower requests a forbearance on the Non-Federal Mortgage Loan as described in paragraph IV.a.ii.1, the Servicer has provided such forbearance without requiring the Borrower to provide additional documentation other than the Borrower’s attestation to a financial hardship caused by COVID-19 and without requiring any fees, penalties, or interest (beyond the amounts scheduled or calculated as if the Borrower made all contractual payments on time and in full under the terms of the Non-Federal Mortgage Loan); and

                   3. during a forbearance period described in paragraph IV.a.ii.1, the Servicer has not accrued on the Borrower’s account any fees, penalties, or interest beyond the amounts scheduled or calculated as if the Borrower made all contractual payments on time and in full under the terms of the Non-Federal Mortgage Loan.

          b. The Commissioner is hereby ordered to:

              i. until January 4, 2021, suspend the operation of the Commissioner’s Notice of Intent to Foreclose Electronic System, and to discontinue acceptance of Notices of Intent to Foreclose; and

              ii. effective January 4, 2021, until the state of emergency is terminated and the catastrophic health emergency is rescinded, with each submission of a Notice of Foreclosure (as defined in RP § 7-105.2(a)(4)), obtain a certification from the Servicer or secured party to the effect that the Servicer has complied with paragraph IV.a with respect to a Mortgage Loan secured by the property subject to foreclosure.

     V. Prohibition on Residential and Commercial Evictions.

          a. Until the state of emergency is terminated and the catastrophic health emergency is rescinded, the effect of RP § 8-401 is hereby suspended as follows:

              i. No court shall give any judgment for possession or repossession, or warrant for restitution of possession or repossession of residential, commercial, or industrial real property, if the tenant can demonstrate to the court, through documentation or other objectively verifiable means, that the tenant suffered a Substantial Loss of Income.

          b. Until the state of emergency is terminated and the catastrophic health emergency is rescinded, the effect of RP § 8-402.1 is hereby suspended as follows:

              i. No court shall give any judgment for possession or repossession, or warrant for restitution of possession or repossession of residential, commercial, or industrial real property, if the tenant can demonstrate to the court, through documentation or other objectively verifiable means, that the tenant suffered a Substantial Loss of Income.

              ii. The fact that the tenant, or any person permissibly cohabiting with the tenant in accordance with the terms of the lease, has a confirmed diagnosis of COVID-19 or is under investigation for COVID-19, shall not constitute a “clear and imminent danger” for purposes of RP § 8-402.1(a)(1)(i)2.B.

          c. Except as specifically suspended in paragraph V.a above, RP § 8-401 remains in effect in accordance with its terms.  Except as specifically suspended in paragraph V.b above, RP § 8-402.1 remains in effect in accordance with its terms.

     VI. General Provisions.

          a. No provision of this Order shall be construed as relieving any person or entity of any obligation to make payments or to comply with any other obligation that such person or entity may have pursuant to a note, loan agreement, or lease.

          b. This Order remains effective until the state of emergency is terminated and the proclamation of the catastrophic health emergency is rescinded, or until rescinded, superseded, amended, or revised by any subsequent order(s).

          c. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this Order is hereby suspended to the extent of such inconsistency.

          d. The underlined headings in this Order are for convenience of reference only and shall not affect the interpretation of this Order.

          e. If any provision of this Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Order are severable.

 

ISSUED under my hand this 16th day of October, 2020, and effective immediately.

LAWRENCE J. HOGAN, JR.
Governor

[20-24-17]

 

ORDER OF THE GOVERNOR OF THE STATE OF MARYLAND

NUMBER 20-10-16-02

 

Amending and Restating the Order of October 16, 2020, Allowing Reopening of Certain Businesses and Facilities, Subject to Local Regulation, and Generally Requiring Use of Face Coverings

 

WHEREAS, A state of emergency and catastrophic health emergency was proclaimed on March 5, 2020, and renewed on March 17, April 10, May 6, June 3, July 1, July 31, August 10,  September 8, and October 6, 2020 to control and prevent the spread of COVID-19 within the state, and the state of emergency and catastrophic health emergency still exists;

 

WHEREAS, COVID-19, a respiratory disease that spreads easily from person to person and may result in serious illness or death, is a public health catastrophe and has been confirmed throughout Maryland;

 

WHEREAS, To reduce the spread of COVID-19, the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health recommend canceling large gatherings and social distancing in smaller gatherings;

 

WHEREAS, The currently known and available scientific evidence and best practices support limitations on large gatherings and social distancing to prevent exposures and transmissions, and reduce the threat to especially vulnerable populations, including older individuals and those with chronic health conditions;

 

WHEREAS, To reduce the threat to human health caused by transmission of the novel coronavirus in Maryland, and to protect and save lives, it is necessary and reasonable that individuals in the state refrain from congregating;

 

WHEREAS, To protect the public health, welfare, and safety, prevent the transmission of the novel coronavirus, control the spread of COVID-19, and save lives, it is necessary to control and direct the movement of individuals in Maryland, including those on the public streets;

 

WHEREAS, It is further necessary to control and direct in Maryland the occupancy and use of buildings and premises, as well as places of amusement and assembly;

 

WHEREAS, the Coronavirus Recovery Team continues to advise on related public health and emergency management decisions;

 

WHEREAS, the State has implemented measures to reduce community transmission rates of COVID-19, while strategically activating the Maryland Strong: Roadmap to Recovery plan;

WHEREAS, the State is continuously expanding COVID-19 laboratory testing capacity and locations throughout Maryland, and has increased its disease-investigation capabilities by implementing operations to trace the contacts of up to 1,000 new cases per day;

 

WHEREAS, the State has carefully monitored hospital capacity, and has worked with hospitals to ensure their surge capacity can accommodate Marylanders who may become ill;

 

WHEREAS, the State is procuring necessary protective equipment to safeguard critical facilities and staff; and

 

WHEREAS, the Coronavirus Recovery Team has advised that widespread use of Face Coverings is likely to help control the spread of COVID-19;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE, AND IN AN EFFORT TO CONTROL AND PREVENT THE SPREAD OF COVID-19 WITHIN THE STATE, DO HEREBY ORDER:

     I. Administrative and Implementing Provisions.

          a. The Order of the Governor of the State of Maryland, dated March 12, 2020, entitled “Prohibiting Large Gatherings and Events and Closing Senior Centers,” as amended and restated on March 16, 2020, and further amended and restated on March 19, 2020 by Order Number 20-03-19-01, and further amended and restated on March 23, 2020 by Order Number 20-03-29-01, and further amended and restated on March 30, 2020 by Order Number 20-03-30-01, and further amended and restated on May 6, 2020 by Order Number 20-05-06-01, and further amended and restated on May 13, 2020 by Order Number 20-05-13-01, and further amended and restated on May 27, 2020 by Order Number 20-05-27-01, further amended and restated on June 3, 2020 by Order Number 20-06-03-01, further amended and restated on June 10, 2020 by Order Number 20-06-10-01, further amended and restated on July 29, 2020 by Order Number 20-07-29-01, further amended and restated on August 3, 2020 by Order Number 20-08-03-01, further amended and restated on September 1, 2020 by Order Number 20-09-01-01, and further amended and restated on September 18, 2020 by Order Number 20-09-18-01, and further amended and restated on September 28, 2020 by Order Number 20-09-28-01, is further amended and restated in its entirety as set forth herein.

          b. The Secretary of Health (the “Secretary”) is hereby authorized to issue directives under this Order (“Secretary’s Directives”), as the Secretary deems necessary, to monitor, treat, prevent, reduce the spread of, and suppress COVID-19 in relation to any activity permitted under this Order or any business, organization, establishment, or facility that is permitted by this Order to be open to the general public, which directives may consist of binding requirements and/or non-binding recommendations, and may include, without limitation, requirements pertaining to physical distancing, cleaning, disinfection, COVID-19 symptom screening, restrooms and other shared facilities, concessions, and/or ingress, egress, and movement of persons.

          c. Political subdivisions are not prohibited from opening outdoor public spaces to the general public (such as parks, sports fields and courts, beaches, dog parks, and playgrounds), subject to the following:

              i. The decision to do so shall be made after consultation with the health officer for the county in which the outdoor public space is located (or, in the case of outdoor public spaces located in Baltimore City, the Commissioner of Health for Baltimore City) (the “Local Health Officer”).

              ii. The Local Health Officer may issue such directives or orders as may be necessary to monitor, prevent, reduce the spread of, and suppress COVID-19 with respect to the use of the outdoor public space (“Health Officer Directives”).

              iii. The political subdivision must require persons using the outdoor public space to comply with applicable Secretary’s Directives, applicable Health Officer Directives, and applicable social distancing guidance published by the U.S. Centers for Disease Control and Prevention (“CDC”) and the Maryland Department of Health (“MDH”).

          d. If a political subdivision determines that doing so is necessary and reasonable to save lives or prevent exposure to COVID-19, the political subdivision is hereby authorized to issue orders that are more restrictive than this Order (“Local Orders”):

              i. requiring any businesses, organizations, establishments, or facilities (except schools) to close or modify their operations; and/or

              ii. requiring individuals to remain indoors or to refrain from congregating.

          e. Local Orders may remain in effect for so long as the authority granted by paragraph I.d (as it may be amended from time to time) remains in effect.  The authority granted by paragraph I.d (as it may be amended from time to time) is in addition to, not in derogation of, any authority of a political subdivision under its charter, laws, ordinances, or regulations.

     II. Social Distancing. 

          a. It is strongly recommended that all Marylanders continue following the most current guidance from CDC and MDH regarding social distancing, including, without limitation, avoidance of large gatherings and crowded places. 

          b. The Secretary is hereby authorized to issue Secretary’s Directives requiring individuals to remain indoors or to refrain from congregating, as the Secretary deems necessary to monitor, treat, prevent, reduce the spread of, and suppress COVID-19.

     III. Businesses, Organizations, Establishments, and Facilities That May Be Open.

          a. Religious Facilities.  Subject to applicable Local Orders and Secretary’s Directives, churches, synagogues, mosques, temples, and other similar religious facilities of any faith in Maryland (“Religious Facilities”) may open to the general public, provided, however, that the total number of persons permitted in a Religious Facility at any one time shall not exceed 75% of that Religious Facility’s Maximum Occupancy (defined below). 

          b. Retail Establishments and Malls. 

              i. Subject to applicable Local Orders and Secretary’s Directives:

                   1. retail businesses, organizations, establishments, and facilities in the State of Maryland (“Retail Establishments”) may open to the general public, provided, however, that the total number of persons permitted in a Retail Establishment at any one time shall not exceed 75% of that Retail Establishment’s Maximum Occupancy (defined below); and

                   2. shopping centers in the State of Maryland that have one or more enclosed pedestrian concourses may open to the general public. 

              ii. All Retail Establishments shall, in good faith and to the extent possible:

                   1. where any queue is expected to form, designate with signage, tape, or by other means at least six-foot spacing for persons in line;

                   2. sanitize, or provide customers with a means to sanitize, handles of carts and baskets that are available to customers;

                   3. provide staff and customers with clean restrooms stocked with soap or sanitizer, and allow staff to wash their hands at least once every 30 minutes; and

                   4. post signage at each entrance advising customers about the requirement to wear Face Coverings described in paragraph IV.b.

          c. Manufacturing.  Subject to applicable Local Orders and Secretary’s Directives, all manufacturing businesses and facilities in Maryland may open.

          d. Personal Services.

              i. Subject to applicable Local Orders, applicable Secretary’s Directives and paragraph III.d.ii below, the following establishments in Maryland (“Personal Services Establishments”) may open to the general public:

                   1. beauty salons;

                   2. barber shops;

                   3. tattoo parlors;

                   4. tanning salons;

                   5. massage parlors; and

                   6. establishments that provide esthetic services or provide nail technician services (as described in Title 5 of the Business Occupations Article of the Maryland Code);

              ii. All Personal Services Establishments shall:

                   1. provide services on an appointment basis only;

                   2. not allow the number of persons in the Personal Services Establishment to exceed 50% of the Personal Services Establishment’s Maximum Occupancy (defined below); and

                   3. after providing services to each customer, clean and disinfect the area in which services were performed in accordance with applicable guidance from the CDC and MDH.

          e. Other Recreational Establishments.

              i. Subject to applicable Local Orders and Secretary’s Directives, the following establishments in Maryland may open to the general public:

                   1. golf courses and driving ranges;

                   2. outdoor archery and shooting ranges;

                   3. marinas and watercraft rental businesses;

                   4. campgrounds;

                   5. horse boarding and riding facilities;

                   6. drive-in movie theaters;

                   7. outdoor swimming pools;

                   8. outdoor day camps;

                   9. tour boats;

                   10. amusement parks;

                   11. miniature golf establishments;

                   12. go-kart tracks; and

                   13. the outdoor areas of any other establishments that are subject to the admission and amusement tax under Title 4 of the Tax-General Article of the Maryland Code.

              ii. Subject to applicable Local Orders and Secretary’s Directives, the following establishments in Maryland (“Indoor Recreation Establishments”) may open to the general public:

                   1. bingo halls;

                   2. bowling alleys;

                   3. pool halls;

                   4. roller and ice skating rinks;

                   5. social and fraternal clubs (including without limitation, American Legion posts, VFW posts, and Elks Clubs) (“Social Clubs”); and

                   6. the indoor areas of any other establishments that are subject to the admission and amusement tax under Title 4 of the Tax-General Article of the Maryland Code;

              provided, however, that the total number of persons permitted in an Indoor Recreation Establishment at any one time shall not exceed 50% of that Indoor Recreation Establishment’s Maximum Occupancy (defined below).

          f. Foodservice Establishments.

              i. Subject to applicable Local Orders, applicable Secretary’s Directives, and paragraph III.f.ii below, (a) restaurants, bars, nightclubs, and other similar establishments that sell food or beverages for consumption on-premises in Maryland, and (b) Social Clubs with dining facilities (collectively, “Foodservice Establishments”) may, to the extent permitted by applicable law:

                   1. serve food and beverages to customers for consumption in outdoor seating areas;

                   2. sell food and beverages that are promptly taken from the premises, i.e., on a carry-out or drive-through basis;

                   3. deliver food and beverages to customers off the premises; and

                   4. serve food and beverages to customers for consumption in indoor seating areas.

              ii. Foodservice Establishments shall:

                   1. not allow the number of persons in the Foodservice Establishment to exceed 75% of the Foodservice Establishment’s Maximum Occupancy (defined below);

                   2. not serve food in a buffet format;

                   3. not serve customers who are not seated; and

                   4. clean and disinfect each table between each seating in accordance with CDC and MDH guidelines, using cleaning products that meet the criteria of the U.S. Environmental Protection Agency for use against COVID-19.

              iii. As used in this paragraph III.f:

                   1. the term “indoor seating area” means a portion of a Foodservice Establishment that is an indoor area, as defined in COMAR 10.19.04.02.B(9); and

                   2. the term “outdoor seating area” means a portion of a Foodservice Establishment that is not an indoor seating area.

          g. Fitness Centers.  Subject to applicable Local Orders and Secretary’s Directives, fitness centers, health clubs, health spas, gyms, aquatic centers, and self-defense schools in Maryland (“Fitness Centers”) may open to the general public; provided, however, that the total number of persons permitted in a Fitness Center at any one time shall not exceed 50% of that Fitness Center’s Maximum Occupancy (defined below).

          h. Casinos, Racetracks, and Simulcast Betting Facilities. 

              i. Subject to applicable Local Orders, Secretary’s Directives, and paragraph III.h.iii below, the following establishments (“Gaming Facilities”) may open to the general public:

                   1. MGM National Harbor;

                   2. Live! Casino & Hotel;

                   3. Horseshoe Casino Baltimore;

                   4. Hollywood Casino Perryville;

                   5. Ocean Downs Casino;

                   6. Rocky Gap Casino Resort; and

                   7. all simulcast betting facilities in the State, to the extent not otherwise included in the buildings and premises listed above.

              ii. Subject to applicable Local Orders, Secretary’s Directives, and paragraph III.h.iv below, the following establishments (“Racing Facilities”) may open to the general public:

                   1. Laurel Park;

                   2. Pimlico Race Course;

                   3. Timonium Race Course;

                   4. Fair Hill Races;

                   5. Rosecroft Raceway; and

                   6. Ocean Downs.

              iii. The total number of persons permitted in a Gaming Facility at any one time shall not exceed 50% of that Gaming Facility’s Maximum Occupancy (defined below).

              iv. The total number of spectators (defined below) permitted in:

                   1. the indoor area of a Racing Facility at any one time shall not exceed the lesser of (a) 50% of that indoor area’s Maximum Occupancy (defined below), or (b) 250 persons; and

                   2. the outdoor area of a Racing Facility at any one time shall not exceed 10% of that outdoor area’s Maximum Occupancy (defined below). 

              v. As used herein, the term “spectator” means a person at a Racing Facility who is not (1) at the facility for the purpose of engaging in racing or other customary operations, or (2) a member of the media.

          i. Other Businesses.  Except as otherwise closed by this Order or any other Order of the Governor of the State of Maryland, subject to applicable Local Orders and Secretary’s Directives, businesses, organizations, establishments, and facilities that are not part of the critical infrastructure sectors identified by the U.S. Department of Homeland Security’s Cybersecurity and Infrastructure Security Agency (currently described at https://www.cisa.gov/identifying-critical-infrastructure-during-covid-19) may open to the general public.

          j. Theaters, Outdoor Entertainment and Sporting Venues.  Subject to applicable Local Orders and Secretary’s Directives:

              i. theatres in Maryland at which live performances occur or motion pictures are shown indoors (“Indoor Theaters”) may open to the general public; provided, however, that the total number of persons permitted in an Indoor Theater at any one time (per individual auditorium or performance stage) shall not exceed the lesser of (i) 50% of that Indoor Theater’s Maximum Occupancy (defined below), or (ii) 100 persons;

              ii. venues in Maryland at which live performances occur or motion pictures are shown outdoors, and at which entry is limited to ticketed customers (“Outdoor Entertainment Venues”), may open to the general public; provided, however, that:

                   1. with respect to Outdoor Entertainment Venues having a Maximum Occupancy (defined below) of 2,500 persons or less, the total number of persons permitted in such Outdoor Entertainment Venue at any one time shall not exceed the lesser of (A) 50% of that Outdoor Entertainment Venue’s Maximum Occupancy (defined below), or (B) 250 persons; and

                   2. with respect to all other Outdoor Entertainment Venues, the total number of persons permitted in such Outdoor Entertainment Venue at any one time shall not exceed 10% of that Outdoor Entertainment Venue’s Maximum Occupancy (defined below); and

              iii. outdoor venues at which sporting events occur (including, without limitation, major league, professional, minor league, semi-professional, amateur, recreational, motor sports, and collegiate sporting events) (“Outdoor Sporting Venues”), may open to the general public, provided, however, that:

                   1. with respect to an Outdoor Sporting Venue having a Maximum Occupancy (defined below) of 2,500 persons or less, the total number of spectators permitted in such Outdoor Sporting Venue at any one time shall not exceed the lesser of (A) 50% of that Outdoor Sporting Venue’s Maximum Occupancy (defined below), or (B) 250 persons;

                   2. with respect to an Outdoor Sporting Venue having a Maximum Occupancy (defined below) of more than 2,500 persons, the total number of spectators permitted in such Outdoor Sporting Venue shall not exceed 10% of that Outdoor Sporting Venue’s Maximum Occupancy (defined below);

                   3. with respect to any Outdoor Sporting Venue where the spectator area is clearly delineated in seating sections, the total number of spectators permitted in each section shall not exceed 10% of that section’s seating capacity;

                   4. notwithstanding anything herein to the contrary, the Secretary is hereby authorized to issue directives under this Order allowing occupancy at certain collegiate Outdoor Sporting Venues to be up to 25% of such Outdoor Sporting Venues’ seating capacity, if the Secretary finds that, based on the particular circumstances at the college or university where the Outdoor Sporting Venue is located, doing so would not pose an unreasonable risk of exposure to COVID-19; and

              iv. as used herein, the term “spectator” means a person at an Outdoor Sporting Venue who is not (1) at the facility for the purpose of engaging in sporting or other customary operations, or (2) a member of the media.

          k. Maximum Occupancy; Indoor vs. Outdoor. 

              i. With respect to a Religious Facility, Retail Establishment, Foodservice Establishment, Fitness Center, Gaming Facility, Racing Facility, Indoor Recreation Establishment, Personal Services Establishment, Indoor Theater, Outdoor Entertainment Venue, or Outdoor Sporting Venue (a “Facility”), “Maximum Occupancy” means:

                   1. The maximum occupancy load of the Facility under the applicable fire code, as set forth on a certificate issued for the Facility by a local fire code official; or

                   2. If no such certificate has been issued for the Facility by the local fire code official, the maximum occupancy of the Facility pursuant to applicable laws, regulations, and permits.

              ii. As used herein:

                   1. the term “indoor area” has the meaning provided in COMAR 10.19.04.02.B(9); and

                   2. the term “outdoor area” means an area that is not an indoor area.

          l. Operating Requirements.  All businesses, organizations, establishments, and facilities in Maryland shall comply with:

              i. applicable Local Orders;

              ii. applicable Secretary’s Directives;

              iii. applicable social distancing guidance published by CDC and MDH; and

              iv. orders issued by the applicable Local Health Officer pursuant to the Order of the Governor of the State of Maryland Number 20-04-05-02, dated April 5, 2020, entitled “Delegating Authority to Local Officials to Control and Close Unsafe Facilities”, as it may be amended from time to time.

     IV. Face Coverings.

          a. Definitions.  As used herein:

              i. “Face Covering” means a covering that fully covers a person’s nose and mouth and is secured to the person’s head, but is not a Medical-Grade Mask.  The term “Face Covering” includes, without limitation, scarves, bandanas, and plastic full-face shields.

              ii. “Medical-Grade Mask” means an N95, KN95, surgical, or other mask that would be appropriate for a health care setting.

              iii. “Public Transportation” means shared-ride surface transportation services that are open to the general public, including without limitation, taxi services, ride-sharing services, car services, transit services provided by any other unit of the State or any political subdivision, and all related stations and platforms.  Examples of Public Transportation include, but are not limited to MTA bus service, MARC train service, Light Rail train service, MTA Metro subway service, and Mobility and Paratransit services.

          b. Requirement to Wear Face Coverings. 

              i. Except as provided in paragraph IV.c, all persons in Maryland over the age of five (5) years old are required to wear a Face Covering when they are:

                   1. in or on any Public Transportation;

                   2. indoors at any location where members of the public are generally permitted, including without limitation, Religious Facilities, Retail Establishments, Foodservice Establishments, Fitness Centers, Gaming Facilities, the indoor portions of Racing Facilities, Indoor Recreation Establishments, Personal Services Establishments, and Indoor Theaters;

                   3. at any Outdoor Sporting Venue or Outdoor Entertainment Venue;

                   4. outdoors at any location other than an Outdoor Sporting Venue or Outdoor Entertainment Venue and unable to consistently maintain at least six feet of distance from individuals who are not members of their household;

                   5. obtaining healthcare services, including without limitation, in offices of physicians and dentists, hospitals, pharmacies, and laboratories; and

                   6. engaged in work in any area where:

                        a. interaction with others is likely, including without limitation, in shared areas of commercial offices; or

                        b. food is prepared or packaged.

              ii. Single-use Face Coverings shall be properly discarded in trash receptacles. It is recommended that all reusable Face Coverings be cleaned frequently (at least once per day).

              iii. Wearing a Medical-Grade Mask satisfies any requirement in paragraph IV.b.i to wear a Face Covering, but all Marylanders are urged to reserve Medical-Grade Masks for use by health care workers and first responders.

          c. Exceptions.  Paragraph IV.b.i does not require persons to wear Face Coverings:

              i. if, due to a bona fide disability or medical condition, it would be unsafe for the person to do so;

              ii. to the extent wearing a Face Covering would impede communication by or with persons who have a hearing impairment or other disability, where the ability to see the mouth is essential for communication;

              iii. if wearing a Face Covering would subject the person to an unsafe working condition, as determined by federal, state, or local occupational safety regulators or workplace safety guidelines;

              iv. to the extent wearing a Face Covering would make it impossible to receive services requiring access to the face, mouth, or head, including without limitation, dental care, shaving, and facial treatments;

              v. while consuming food or beverages;

              vi. while swimming or engaging in other physical activities where the use of a Face Covering is likely to pose a bona fide safety risk; or

              vii. while operating any Public Transportation conveyance, provided that the person is (1) the sole operator of the conveyance, and (2) located in a separate compartment that is off-limits to riders.

     V. Businesses, Organizations, Establishments, and Facilities Required to Close.

          a. Senior Centers.  All senior citizen activities centers (as defined in Section 10-501(i) of the Human Services Article of the Maryland Code) shall remain closed.

          b. Minimal Operations.  Staff and owners may continue to be on-site at any business, organization, establishment, or facility that is required to be closed pursuant to this Order for only the following purposes:

              i. Facilitating remote working (a/k/a/ telework) by other staff;

              ii. Maintaining essential property;

              iii. Preventing loss of, or damage to property, including without limitation, preventing spoilage of perishable inventory;

              iv. Performing essential administrative functions, including without limitation, picking up mail and processing payroll; and

              v. Caring for live animals.

          c. Closure By Other Order.  All businesses, organizations, establishments, and facilities that are required to close pursuant to any other Order of the Governor of the State of Maryland or any other Order of a political subdivision, shall be and remain closed in accordance with such other Order, as the case may be.

     VI. Government Buildings and Facilities with Large Occupancy or Attendance.

          a. State and local government buildings and facilities with an expected occupancy or attendance of more than 10 people shall:

              i. Promptly and conspicuously post in the building or facility a copy of the MDH recommendations for social distancing; and

              ii. Provide all occupants and attendees with the capability to wash their hands.

          b. A copy of this Order shall be made available to all occupants or attendees at any State or local government building and facility with an expected occupancy or attendance of more than 10 people.

     VII. General Provisions.

          a. Each law enforcement officer of the State or a political subdivision shall execute and enforce this Order and any Local Order.

          b. A person who knowingly and willfully violates this Order or any Local Order is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding one year or a fine not exceeding $5,000 or both.

          c. This Order remains effective until after termination of the state of emergency and the proclamation of the catastrophic health emergency has been rescinded, or until rescinded, superseded, amended, or revised by additional orders.

          d. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with this order is hereby suspended to the extent of the inconsistency.

          e. The underlined paragraph headings in this Order are for convenience of reference only and shall not affect the interpretation of this Order.

          f. If any provision of this Order or its application to any person, entity, or circumstance is held invalid by any court of competent jurisdiction, all other provisions or applications of the Order shall remain in effect to the extent possible without the invalid provision or application. To achieve this purpose, the provisions of this Order are severable.

 

ISSUED under my hand this 16th day of October, 2020, to be effective immediately.

LAWRENCE J. HOGAN, JR.
Governor

[20-24-18]

 

PROCLAMATION

Renewal of Declaration of State of Emergency and Existence of Catastrophic Health Emergency — COVID-19

 

WHEREAS, on March 5, 2020, a state of emergency and catastrophic health emergency was, pursuant to the Maryland Constitution and Laws of Maryland, including but not limited to Title 14 of the Public Safety Article, and in an effort to control and prevent the spread of COVID‑19, proclaimed within the entire State of Maryland;

 

WHEREAS, COVID-19 is a highly infectious respiratory disease that spreads easily from person to person, physically contaminates property by attaching to surfaces for prolonged periods of time, and may result in serious illness or death;

 

WHEREAS, COVID-19 is a public health catastrophe and has been confirmed in all Maryland counties;

 

WHEREAS, rates of COVID-19 infection continue to rise in more than 40 states and the risk of further spread back to Maryland remains high;

 

WHEREAS, COVID-19 infection outbreaks continue to occur in Maryland through community transmission and because of travelers returning from out-of-state;

 

WHEREAS, since the declaration of a state of emergency and existence of a catastrophic health emergency on March 5, 2020, there have been nearly 143,000 laboratory-confirmed positive COVID-19 cases and more than 3,900 related deaths in Maryland, with increases in new confirmed cases daily;

 

WHEREAS, the proclamation declaring the emergencies was renewed on March 17, 2020, April 10, 2020, May 6, 2020, June 3, 2020, July 1, 2020, July 30, 2020, August 10, 2020, September 8, 2020, and October 6, 2020;

 

WHEREAS, the spread of COVID-19 in the state continues to pose an immediate threat to all Marylanders of extensive loss of life or serious disability;

 

WHEREAS, the emergency conditions, state of emergency, and catastrophic health emergency continue to exist;

 

WHEREAS, all levels of government in Maryland must deploy resources to protect public health and safety;

 

WHEREAS, continued emergency response by the State is needed to maintain and further progress through the Maryland Strong: Roadmap for Recovery, including expanding COVID‑19 testing capacity, maintaining adequate patient surge capacity, supplying sufficient personal protective equipment, and executing a robust contact-tracing operation, and preparing for the deployment and administration of potential COVID-19 vaccines;

 

WHEREAS, to reduce the spread of COVID-19, the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health recommend the use of face coverings in public settings to the extent possible, continued social distancing, and avoiding large gatherings;

 

WHEREAS, although the State’s elections would ordinarily be conducted mainly at polling locations, the State Board of Elections reports that the state of emergency and catastrophic health emergency have impacted the availability of election judges and facilities;

 

WHEREAS, elections must be accessible, secure, safe, and fair; and

 

WHEREAS, the State Board of Elections maintains that COVID-19, the state of emergency and the catastrophic health emergency, and the State’s emergency actions in response have interfered with the electoral process and impaired the Board’s ability to conduct the general election of November 3, 2020, in accordance with the existing statutory and legal voting systems, locations, and procedures;

 

NOW, THEREFORE, I, LAWRENCE J. HOGAN, JR., GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE MARYLAND CONSTITUTION AND THE LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE AND TITLE 8 OF THE ELECTION LAW ARTICLE, AND IN AN EFFORT TO CONTROL AND PREVENT THE SPREAD OF COVID‑19 WITHIN THE STATE, HEREBY DECLARE THAT A STATE OF EMERGENCY AND CATASTROPHIC HEALTH EMERGENCY CONTINUES TO EXIST WITHIN THE ENTIRE STATE OF MARYLAND, RENEW THE MARCH 5, 2020, PROCLAMATION, AND FURTHER PROVIDE AND ORDER, EFFECTIVE IMMEDIATELY:

     A. General Election of November 3, 2020

          a. The State Board of Elections (the “State Board”) may establish, as alternate voting locations or systems, voting centers for the use of any eligible voter who chooses to cast a ballot in person in the general election of November 3, 2020 (the “General Election”).

          b. Any eligible voter may vote at a voting center in the voter’s county of residence.

          c. Electioneering.

              i. At each location where a ballot may be returned for the General Election (a “Return Location”), signs containing the words “No Electioneering Beyond This Point” shall be posted delineating a line located as near as practicable to 100 feet from the Return Location (a “No Electioneering Line”), as established after consideration of the effect of placement on public safety. 

              ii. No person shall:

                   1. canvass, electioneer, or post any campaign material in any Return Location or within the area demarcated by the No Electioneering Line; or

                   2. interfere or attempt to interfere with a voter while the voter is returning a ballot at a Return Location.

          d. In preparation for and execution of the General Election, the applicable COVID‑19 guidance published by the U.S. Centers for Disease Control and Prevention and the Maryland Department of Health, and any other applicable orders, shall be complied with to the maximum extent practicable.

          e. The State Board shall provide maximum notice as possible to voters about use of voting centers in the General Election, as well as other appropriate education regarding alternate voting locations, systems, and procedures established.

          f. The effect of any statute, rule, or regulation of an agency of the State or a political subdivision inconsistent with the State Board’s establishment of voting centers for use in the General Election, or otherwise inconsistent with this Order, is hereby suspended.

     B. Health care providers who act in good faith under this catastrophic health emergency proclamation, including orders issued under the proclamation by the Governor and by other State officials acting at the direction of or under delegated authority from the Governor, have the immunity provided by § 14-3A-06 of the Public Safety Article of the Maryland Code.

 

Given Under My Hand and the Great Seal of the State of Maryland in the City of Annapolis, this 29th day of October, 2020.

LAWRENCE J. HOGAN, JR.
Governor

 

ATTEST:

JOHN C. WOBENSMITH
Secretary of State

[20-24-19]

 

 

Open Meetings Compliance Board


 

SUMMARY OF OPINIONS ISSUED FROM JULY 1 TO
SEPTEMBER 30, 2020*

14 Official Opinions of the Compliance Board 64 (2020)

Cecil County Ethics Commission

Topics Discussed: Administrative Function Exclusion, Limitation of Compliance Board Authority

Opinion: The Compliance Board found that an ethics commission’s consideration of an ethics complaint is within the administrative function exclusion of the Act. It also provided guidance that the Board’s authority was limited to Open Meeting Act issues only.

Violations: None

 

14 Official Opinions of the Compliance Board 66 (2020)

Mayor and Council of the Town of Smithsburg

Topics Discussed: Meeting Notice, Open Meeting Requirement, Personnel Exception to Open Meetings, Legal Advice Exception to Open Meetings, Closed Meeting Practices, Closed Meeting Documents.

Opinion: The Board found that the Town Council violated the Act by continuing to meet virtually after learning of a malfunction that deprived the public of the opportunity to observe. The Board also found closed meeting violations, including failure to vote publicly to close, discussion of topics not disclosed, omitting the specific statutory citation in its closing statement, and failure to adopt a summary as part of the minutes in the next open meeting. The Board found that closing the meeting to review of job applicants’ resumes was within the Personnel Exception and provided guidance pertaining to closed meeting procedures.

Violations. §§3-301, 3-302, 3-305, and 3-306

 

14 Official Opinions of the Compliance Board 72 (2020)

Maryland State Board of Elections

Topics Discussed: Meeting Notice, Agenda Requirement, Open Meeting Requirement, Limitation of Compliance Board Authority

Opinion: The Board found a notice violation regarding a meeting cancellation. Regarding agenda and video access complaints, the Board found no violation under the agenda availability requirements and no violation of the Open Meeting requirement for conducting a conference call meeting that the public could listen to. It also provided guidance that the Board’s authority was limited to Open Meeting Act issues only.

Violations: §3-302

 

14 Official Opinions of the Compliance Board 75 (2020)

Montgomery County Council

Topics Discussed: Agenda Requirement, Compliance Board Complaints, Compliance Board Opinions

Opinion: The Board found no violation under the agenda requirement of the Act. The Board noted that a posted agenda is to include all known topics to be discussed and a public body may alter its agenda. The Compliance Board was unable to reach a conclusion as to when agenda items were known and offered guidance noting that neither the complainant nor the public body possesses the burden of proof.

Violations: None

 

 

* The Compliance Boards opinions are posted at http://www.marylandattorneygeneral.gov/Pages/OpenGov/OpenMeetings/index.aspx. Statutory references are to the General Provisions Article of the Maryland Annotated Code.

 

[20-24-16]

 

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of the Court of Appeals dated October 30, 2020, ARTEMIO RIVERA (CPF # 0206190192), 7517 Walnut Hill Lane, Falls Church, Virginia 22042, has been disbarred by consent, effective immediately, from the further practice of law in the State, and his name as an attorney at law has been stricken from the register of attorneys in this Court (Maryland Rule 19-761).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of the Court of Appeals dated November 6, 2020, JOSEPH C. CAPRISTO (CPF # 8912180094), 23093 Three Notch Road, California, Maryland 20619, has been replaced upon the register of attorneys in this Court as of November 6, 2020, by an Order of the Court dated November 6, 2020. Notice of this action is certified in accordance with Maryland Rule 19-761.

[20-24-13]

 

 

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

Subtitle 17 EARLY VOTING

33.17.06 Early Voting Activities

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-406, and
10-301.1, Annotated Code of Maryland

Notice of Emergency Action

[20-187-E]

The Joint Committee on Administrative, Executive, and Legislative Review has granted emergency status to amendments to Regulation .05 under COMAR 33.17.06 Early Voting Activities.

Emergency status began: October 27, 2020.

Emergency status expires: December 31, 2020.

 

     Editor’s Note:  The text of this document will not be printed here because it appears as a Notice of Proposed Action on page 1054 of this issue, referenced as [20-187-P]. 

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 20
PUBLIC SERVICE COMMISSION

Subtitle 79 APPLICATIONS CONCERNING THE CONSTRUCTION OR MODIFICATION OF GENERATING STATIONS, QUALIFIED GENERATOR LEAD LINES, AND OVERHEAD TRANSMISSION LINES

20.79.01 General

Authority: Public Utilities Article, §§2-113, 2-121 and 7-205—7-208, Annotated Code of Maryland

Notice of Final Action

[20-138-F]

On November 2, 2020, the Maryland Public Service Commission adopted amendments to Regulations .01 and .02, new Regulation .04, amendments to and the recodification of existing Regulations .04 and .08 to be Regulations .05 and .09, respectively, and the recodification of existing Regulations .05—.07 to be Regulations .06—.08 under COMAR 20.79.01 General. This action, which was proposed for adoption in 47:16 Md. R. 749—752 (July 31, 2020), has been adopted as proposed.

Effective Date: November 30, 2020.

ANDREW S. JOHNSTON
Executive Secretary

 

Subtitle 79 APPLICATIONS CONCERNING THE CONSTRUCTION OR MODIFICATION OF GENERATING STATIONS, QUALIFIED GENERATOR LEAD LINES, AND OVERHEAD TRANSMISSION LINES

20.79.02 Administrative Provisions

Authority: Public Utilities Article, §§2-113, 2-121, and 7-205—7-208, Annotated Code of Maryland

Notice of Final Action

[20-139-F]

On November 2, 2020, the Maryland Public Service Commission adopted amendments to Regulation .02 under COMAR 20.79.02 Administrative Provisions. This action, which was proposed for adoption in 47:16 Md. R. 752—753 (July 31, 2020), has been adopted as proposed.

Effective Date: November 30, 2020.

ANDREW S. JOHNSTON
Executive Secretary

 

Subtitle 79 APPLICATIONS CONCERNING THE CONSTRUCTION OR MODIFICATION OF GENERATING STATIONS, QUALIFIED GENERATOR LEAD LINES, AND OVERHEAD TRANSMISSION LINES

20.79.03 Details of Filing Requirements — Generating Stations

Authority: Public Utilities Article, §§2-113, 2-121, and 7-205—7-208, Annotated Code of Maryland

Notice of Final Action

[20-140-F]

On November 2, 2020, the Maryland Public Service Commission adopted new Regulations .03 and .04 and the recodification of existing Regulation .03 to be Regulation .05 under COMAR 20.79.03 Details of Filing Requirements — Generating Stations. This action, which was proposed for adoption in 47:16 Md. R. 754 (July 31, 2020), has been adopted as proposed.

Effective Date: November 30, 2020.

ANDREW S. JOHNSTON
Executive Secretary

 

 

Proposed Action on Regulations

 


Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.36 General Medical Assistance Provider Participation Criteria

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

Notice of Proposed Action

[20-171-P]

     The Secretary of Health proposes to amend Regulations .01, .08, and .09 under COMAR 10.09.36 General Medical Assistance Provider Participation Criteria.

Statement of Purpose

The purpose of this action is to:

(1) Define the terms “claim” and “clean claim” in order to clarify the Program’s billing requirements;

(2) Clarify the definitions of terms “provider”, “overpayment”, and “withhold payment”;

(3) Codify the Department’s ability to recover an overpayment and providers’ ability to appeal an overpayment recovery; and

(4) Explain the effective date of the Program’s action to suspend payment when a credible allegation of fraud is determined.

Comparison to Federal Standards

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

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to 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 December 21, 2020. A public hearing has not been scheduled.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Claim” means:

(a) A bill for services;

(b) A line item of service; or

(c) All services for one participant within a bill.

(5) Clean Claim.

(a) “Clean claim” means a claim that can be processed consistent with applicable regulations without obtaining additional information from the provider of the service or from a third party.

(b) “Clean claim” includes a claim with errors originating in a State’s claims system;

(c) “Clean claim” does not include a claim:

(i) From a provider who is under investigation for fraud or abuse; or

(ii) Under review for medical necessity.

[(4)] (6)[(12)] (14) (text unchanged)

[(13)] (15) Overpayment.

(a) “Overpayment” means any payment made by the Medicaid Program to a provider for medical care provided to a [recipient] participant which at the time of payment, or at a subsequent date, is determined to be:

(i) [a] A duplicate payment[,];

(ii) A payment for services for which reimbursement is claimed when all or any part of the claim submitted to the Department is for services that were provided in violation of one or more regulations;

(iii) [excessive] Excessive in amount[,]; or

(iv) [the] The primary obligation of a health insurance carrier or any other person, including the [recipient] participant, who is legally or contractually obligated to pay for that medical care.

(b) (text unchanged)

(16) “Participant” means a person who is certified as eligible for, and is receiving, Medical Assistance benefits.

[(14)] (17)[(15)] (18) (text unchanged)

[(16)] (19) “Provider” means:

(a) (text unchanged)

(b) An agent, employee, or related party of a person identified in [§A(2)(a)] §B(19)(a) of this regulation; or

(c) An individual or any other person with an ownership interest in a person identified in [§A(2)(a)] §B(19)(a) of this regulation.

[(17) “Recipient” means a person who is certified as eligible for, and is receiving, Medical Assistance benefits.]

(20) “Withhold payment” means the Program’s decision to not pay or suspend payment to a provider as a sanction for failure to comply with applicable federal or State laws or regulations or because of a credible allegation of fraud.

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

A. If the Department determines that a provider, any agent or employee of the provider, or any person with an ownership interest in the provider or related party of the provider has failed to comply with applicable federal or State laws or regulations, the Department may initiate one or more of the following actions against the responsible party:

(1)—(2) (text unchanged)

(3) Recovery of an overpayment;

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

B.—C. (text unchanged)

D. A provider who voluntarily withdraws from the Program, or is removed or suspended from the Program according to this regulation, shall notify [recipients] participants, before rendering additional services, that the provider no longer honors Medical Assistance cards.

.09 Filing Appeal.

A. Source of Appeals.

(1) A provider may file an appeal from a proposed Program action to:

(a)—(b) (text unchanged)

(c) Recover an overpayment;

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

(2) (text unchanged)

B. (text unchanged)

C. Effective Date. The proposed Program action shall be effective on:

(1)—(4) (text unchanged)

(5) The date the Secretary renders a decision in favor of the Program pursuant to COMAR 10.01.03 if any party files exceptions with the Secretary in accordance with [§D(1)] §E(1) of this regulation.

D. A Program determination to suspend payments due to a credible allegation of fraud shall be effective immediately unless the Department determines, consistent with 42 CFR §455.23, that a good cause exception to immediate suspension exists.

 

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

ROBERT R. NEALL
Secretary of Health

 

Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS

Notice of Proposed Action

[20-176-P]

The Secretary of Health proposes to:

(1) Amend Regulations .02, .04, and .10—.12, adopt new Regulations .03 and .13—.16, amend and recodify existing Regulations .03 and .05—.08 to be Regulations .05 and .06—.09, respectively, and repeal existing Regulations .09 and .13 under COMAR 10.58.07 Alcohol and Drug Counselors — Requirements for Certification and Licensure;

(2) Repeal existing Regulations .01—.08 under COMAR 10.58.13 Supervision Requirements for Licensed Graduate Alcohol and Drug Counselors and Graduate-Level Trainees; and

(3) Repeal existing Regulations .01—.08 under COMAR 10.58.14 Supervision Requirements for Certified Alcohol and Drug Counselors and Trainees Pursuing Certification.

This action was considered by the Board of Professional Counselors and Therapists at a public meeting held on October 18, 2019, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bopc/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Reorganize and consolidate language into a single chapter, COMAR 10.58.07, from COMAR 10.58.01, 10.58.13 and 10.58.14 pertaining to all alcohol and drug licensees, certificate holders, and trainees;

(2) Delete or amend obsolete information to more accurately reflect statutory requirements;

(3) Clarify certain procedures for the administrative processing of applications;

(4) Provide that alcohol and drug trainees are required to obtain a criminal history records check and are subject to the same disciplinary sanctions that currently apply to other certified or licensed alcohol and drug counselors as set forth in Chs. 408 and 409, Acts of 2019; and

(5) Remove from regulations the requirement that the Board issue paper licenses and certificates.

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 December 21, 2020. A public hearing has not been scheduled.

 

10.58.07 Alcohol and Drug Counselors — Requirements for Certification and Licensure

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

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

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

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

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

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

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

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

(f) The Western Association of Colleges and Schools.

[(2) “Alcohol and drug counseling” means assisting an individual, a family, or a group through the client-counselor relationship to:

(a) Develop an understanding of intrapersonal and interpersonal substance abuse problems;

(b) Define goals relating to substance abuse;

(c) Make decisions relating to substance abuse;

(d) Plan a course of action reflecting the needs, interests, and abilities of the individual, family, or group relating to substance abuse; and

(e) Use informational and community substance abuse resources relating to personal, social, emotional, educational, and vocational development and adjustment.]

(2) “Appraisal” means:

(a) Selecting, administering, scoring, and interpreting instruments designed to assess an individual’s aptitudes, attitudes, abilities, achievements, interests, and personal characteristics; and

(b) Using nonstandardized methods and techniques for understanding human behavior in relation to coping with, adapting to, or changing life situations.

(3) “Approved alcohol and drug counselor supervisor” means a Board-approved:

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

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

(i) Licensed under the Health Occupations Article, Annotated Code of Maryland; and

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

[(iii) Approved by the Board;]

(c) [A certified] Certified professional counselor-alcohol and drug[, approved by the Board]; [or]

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

(e) Licensed clinical professional counselor;

(f) Licensed clinical marriage and family therapist; or

(g) Licensed clinical professional art therapist.

(4) (text unchanged)

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

(a) The full range of substance abuse services; or

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

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

(6)—(9) (text unchanged)

(10) “Direct clinical counseling services” means the provision of face-to-face clinical professional counseling services to clients and their significant others that include, but are not limited to the following:

(a) Individual counseling;

(b) Group counseling;

(c) Family counseling;

(d) Couples counseling;

(e) Evaluation;

(f) Intake or Assessment;

(g) Diagnosis;

(h) Treatment planning with a client; and

(i) Crisis management or intervention.

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

[(11)] (12) Face-to-Face.

(a) “Face-to-face” means [supervision provided by a supervisor] in the physical presence of [the individuals involved in the supervisory relationship during either:

(i) Individual or group supervision; or

(ii) Using video conferencing that allows individuals to hear and see each other] an individual or using video conferencing which allows individuals to hear and see each other in [actual] synchronous points of time.

(b) “Face-to-face” does not include:

(i) Telephone supervision; or

(ii) Internet communication [such as email and social networking websites; or

(iii) Instant messaging] that does not involve [real-time] synchronous video conferencing, such as instant messaging services and social networking sites.

[(12)] (13)[(13)] (14) (text unchanged)

(15) “Indirect clinical counseling services” means all case management and professional development activities related to the provision of clinical professional counseling services to a client that include but are not limited to the following:

(a) Referral;

(b) Intake or assessment by telephone or other means when client is not face-to-face;

(c) Receiving individual and group supervision on-site or at a university;

(d) Consultation with other professionals;

(e) Treatment planning with other professionals;

(f) Case staffing;

(g) Staff meetings;

(h) Related trainings and seminars;

(i) Record keeping;

(j) Report writing;

(k) Case note taking;

(l) Providing clinical training;

(m) Telephone triage;

(n) Case management;

(o) Program development; and

(p) Other clinical professional counselor administrative duties as required by the setting in which the clinical hours are accrued.

[(14)] (16) “Licensed graduate alcohol and drug counselor” means an individual approved by the Board to practice graduate alcohol and drug counseling under the supervision of an approved alcohol and drug counselor supervisor while fulfilling the supervised clinical experience for licensure under:

(a) (text unchanged)

(b) Regulation [.03] .04 of this chapter.

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

[(16)] (18) Ongoing Process of Supervision.

(a) (text unchanged)

(b) “Ongoing process of supervision” includes[, but is not limited to, direct and face-to-face] close, moderate, or clinical supervision of an individual or a group.

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

(22) “Psychotherapy” means providing clinical services which involve:

(a) The professional application of psychotherapy and counseling theories and methods, including but not limited to psychodynamic, cognitive, behavioral, humanistic, systems theories, or trauma informed care to assist the client in:

(i) Improving functioning;

(ii) Obtaining symptom relief;

(iii) Preventing psychosocial dysfunction;

(iv) Changing personality; or

(v) Maintaining improved functioning; and

(b) Situations in which the principal discourse involves, but is not limited to:

(i) Diagnosis of psychopathology based on standard diagnostic criteria;

(ii) Psychotherapeutic treatment of mental disorders, emotional disorders, and adjustment reactions utilizing clinically appropriate treatment modalities;

(iii) Childhood trauma and abuse;

(iv) Identifying and changing self-defeating patterns of behaving, thinking, feeling, believing, or interacting with others in systems;

(v) Developmental issues;

(vi) Personality development; or

(vii) Problems related to disorders of thinking, emotional suffering, addictions, behavior, or interpersonal dysfunctions.

(23) “Relative” means an individual connected to another by:

(a) Blood;

(b) Marriage;

(c) Guardianship; or

(d) Domestic partnership.

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

(25) “Scope of competence” means that area within which the individual is proficient to practice based on:

(a) Education;

(b) Training;

(c) Supervised clinical experience; and

(d) Professional credentials.

[(21)] (26) “Substance use disorders (SUDs)” means any problematic pattern of substance use leading to clinically significant impairment or distress, which is diagnosed using specified terms and criteria identified in the current editions of the:

(a) Diagnostic and Statistical Manual of Mental Disorders (DSM); or [the]

(b) International Classification of Diseases and Related Health Problems (ICD).

[(22) “Substantially equivalent” means a degree in a program of studies approved by the Board to include, but not be limited to, the following for:

(a) Licensure purposes:

(i) A doctoral degree with a minimum of 90 graduate semester credit hours or 135 graduate quarter hours or a master’s degree with a minimum of 60 graduate semester credit hours or 90 graduate quarter credit hours; and

(ii) A minimum of 51 credits in counseling, containing the required alcohol and drug coursework for the license, as specified in Regulation .03B(4) and (6) of this chapter;

(b) Certification at the bachelor’s level:

(i) A bachelor’s degree from a regionally accredited educational institution; and

(ii) A minimum of 45 credits in counseling, including the required alcohol and drug coursework for the level of certification sought, as specified in Regulations .06C(4) and .07D(4), of this chapter;

(c) Certification at the associate’s level:

(i) An associate’s degree from a regionally accredited educational institution; and

(ii) A minimum of 30 credits in counseling, including the required alcohol and drug coursework for the level of certification sought, as specified in Regulations .06C(4) and .07D(4) of this chapter.]

[(23)] (27) “Supervised clinical experience in alcohol and drug counseling” means alcohol and drug counseling services provided under the close or moderate supervision of an approved licensed or certified alcohol and drug counselor supervisor.

(28) “Supervisee” means any of the following who obtains the supervised clinical experience required by Health Occupations Article, §17-302, Annotated Code of Maryland:

(a) A licensed graduate alcohol and drug counselor;

(b) A certified associate counselor-alcohol and drug;

(c) A certified supervised counselor-alcohol and drug; or

(d) An alcohol and drug trainee.

[(24)] (29) Supervision.

(a) (text unchanged)

(b) “Supervision” includes an acceptance of direct responsibility for the patient services rendered by the supervisee, including continuous availability to the supervisee:

(i)—(iii) (text unchanged)

(iv) By designation of one or more supervisors in the absence of the supervisor of record as defined in [COMAR 10.58.13] Regulations .13—.16 of this chapter.

[(25)] (30) “Trauma informed care” means including in treatment an approach that:

(a) (text unchanged)

(b) Addresses the vulnerabilities or triggers for these individuals [without causing the trauma to re-occur] while minimizing any harm.

[(26)] (31) “Under the supervision of an approved alcohol and drug counselor supervisor” means:

(a) Engaging in an ongoing process that includes direct, on-site, face-to-face individual or group meetings focused on quality of delivery of alcohol and drug counseling services; [and]

(b) Monitoring the performance of a:

(i) Licensed graduate alcohol and drug counselor

(ii) Certified associate counselor-alcohol and drug;

(iii) Certified supervised counselor-alcohol and drug; or

(iv) Alcohol and drug trainee;

(c) Providing documented and direct consultation, guidance, and instruction with respect to clinical skill and competency; and

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

[(27) “Workshop” means a meeting or meetings of general sessions and face-to-face groups with a leader who:

(a) Is an expert in the defined content area; and

(b) Imparts information to participants who have an ample opportunity to interact.]

(32) “Written contract for supervision” means a Board-approved agreement between the supervisee and approved alcohol and drug supervisor that is initiated before beginning supervision and that details the scope of supervision and includes at a minimum the following:

(a) Name and credentials of the supervisor and the supervisee;

(b) Primary purpose, goals, and objectives of the supervision process;

(c) Details of provisions, including frequency, format, and case or chart review;

(d) Methods of documentation;

(e) Duties and responsibilities of the supervisor and the supervisee;

(f) Procedural considerations in the case of the supervisor’s absence; and

(g) Information regarding the supervisor’s scope of competence.

.03 Application Process for Certification, Licensure, and Trainee Status.

A. In order to obtain a certificate or license or to be eligible for trainee status, an applicant shall:

(1) Complete and return the Board-approved application;

(2) Submit an official transcript from an accredited educational institution indicating the:

(a) Completion of the highest degree attained; and

(b) Course work required for:

(i) Licensure;

(ii) Certification; or

(iii) Trainee status;

(3) Pay all applicable fees set forth in COMAR 10.58.02;

(4) Submit to a criminal history background check in accordance with Health Occupations Article, §17-501.1, Annotated Code of Maryland;

(5) Be of good moral character; and

(6) Be at least 18 years old.

B. Applications shall be acted upon as follows:

(1) Within 30 days after receipt of an application, the Board shall determine whether the application is complete;

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

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

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

(a) Submit a new application; and

(b) Pay the nonrefundable fee set forth in COMAR 10.58.02;

(5) If the Board determines that an applicant is eligible to take the required examinations, the Board shall send a notice of approval to the applicant;

(6) Upon receipt of the approval notice, the applicant shall have 1 year from the date of the notice to take the examinations; and

(7) If the applicant fails to take the examinations within 1 year from the date of the approval notice, the requirements set forth under §B(4) of this regulation shall apply.

.04 Licensed Graduate Alcohol and Drug Counselors.

A. Scope of Practice. The scope of practice for a licensed graduate alcohol and drug counselor includes the following activities to be performed under the clinical supervision of [a Board-approved] an approved alcohol and drug counselor supervisor:

(1)—(8) (text unchanged) 

B. Licensure. To qualify for licensure as a graduate alcohol and drug counselor, an applicant shall have:

[(1) Submit a completed Board-approved application and include documentation of post-graduate experience;

(2) Pay all applicable fees set forth in COMAR 10.58.02;]

[(3)] (1) [Complete] Completed one of the following from [a regionally] an accredited educational institution:

(a) A master’s degree in a health and human services counseling field [approved by the Board or in a program of studies determined by the Board to be substantially equivalent] with:

(i) A minimum of [48] 60 graduate semester credit hours; or

(ii) [72] 90 graduate quarter credit hours; [or]

(b) A doctoral degree in a health and human services counseling field [approved by the Board or in a program of studies determined by the Board to be substantially equivalent] with:

(i) (text unchanged)

(ii) 135 graduate quarter credit hours; or

(c) A master’s degree and have completed a program of studies determined by the Board to be substantially equivalent in subject matter with a minimum of 60 credit hours in counseling, including the required alcohol and drug course work for the license, as specified in §B(2) and (4) of this regulation;

[(4)] (2) [Complete] Completed a minimum of 39 semester credit hours or 65 quarter credit hours in alcohol and drug counselor training from [a regionally] an accredited educational institution including:

(a) [A] 3 semester credit [hour] hours or 5 quarter credit [hour course taken at a regionally accredited educational institution] hours of course work in each of the following course content areas:

[(i) Medical aspects of chemical dependency;

(ii) Addictions treatment delivery;

(iii) Ethics that includes alcohol and drug counseling issues;

(iv) Abnormal psychology;

(v) Group counseling; and

(vi) Individual counseling; and]

(i) Pharmacology;

(ii) Group counseling;

(iii) Individual counseling;

(iv) Addictions treatment delivery;

(v) Ethics that include alcohol and drug counseling issues; and

(vi) Abnormal psychology; and

(b) Any three of the following 3 semester credit [hour] hours or 5 quarter credit [hour courses taken at a regionally accredited educational institution] hours of course work in each of the following course content areas:

[(i) Family counseling;

(ii) Theories of counseling;

(iii) Human development;

(iv) Topics in substance-related and addictive disorders; or

(v) Treatment of co-occurring disorders;]

(i) Human development;

(ii) Theories of counseling;

(iii) Treatment of co-occurring disorders;

(iv) Topics in substance-related and addictive disorders; or

(v) Family counseling;

[(5)] (3) [Complete] Completed one of the following:

(a) (text unchanged)

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed as a certified associate counselor-alcohol and drug, a certified supervised counselor-alcohol and drug, or an alcohol and drug trainee under and verified by [a Board-approved] an approved alcohol and drug counselor supervisor;

[(6)] (4) [Complete] Completed a minimum of 3 graduate semester credit hours or 5 quarter credit hours in each of the following course content areas:

[(a) Personality development;]

[(b)] (a)—[(c)] (b) (text unchanged)

[(7)] (5) [Achieve] Achieved a passing score on:

(a)—(b) (text unchanged)

[(8) Submit to a criminal background check;

(9) Be of good moral character; and]

(6) Met all of the requirements set forth under Regulation .03 of this chapter; and

[(10)] (7) [Comply] Complied with:

(a)—(b) (text unchanged)

C. Licensed graduate alcohol and drug counselors shall [conspicuously display their license or certificate and a] have available for inspection a professional disclosure statement, as [set forth in Regulation .03C of this chapter.] described in Health Occupations Article, §17-507, Annotated Code of Maryland, that:

(1) Clearly states that the counseling services are provided under supervision; and

(2) Provides the name, title, and credentials of the supervisor of record, including the supervisor’s address and contact information.

D. Reexamination. An applicant who fails an examination for licensure:

(1) May retake the exam if:

(a) It is within the time frame set by the applicable testing authority; or

(b) A waiver is approved by the Board to extend the testing deadline upon proof of exceptional circumstances; or

(2) Shall be required to:

(a) Submit a new application; and

(b) Pay the nonrefundable fee set forth in COMAR 10.58.02.

[D.] E. The Board shall act upon applications [within a 6 month period] as set forth under Regulation [.03D] .03B of this chapter.

[E. A licensed graduate alcohol and drug counselor shall practice alcohol and drug counseling under the supervision of a Board-approved alcohol and drug counselor supervisor who is:

(1) A licensed clinical alcohol and drug counselor;

(2) A licensed clinical professional counselor;

(3) A licensed clinical marriage and family therapist;

(4) A licensed clinical professional art therapist; or

(5) An approved clinical alcohol and drug supervisor as defined in COMAR 10.58.13.02.]

F. (text unchanged)

G. Expiration and [Renewal] Extension.

(1) (text unchanged)

[(2) The graduate alcohol and drug counselor shall comply with the renewal requirements as provided in Health Occupations Article, §17-504, Annotated Code of Maryland, and COMAR 10.58.05.03—.06.

(3) If the graduate alcohol and drug counselor licensee is unable to accumulate the required clinical hours for licensure as a clinical alcohol and drug counselor in 2 years, the graduate alcohol and drug counselor may apply for a 2-year renewal of a license as a graduate alcohol and drug counselor, up to a maximum of 6 years.

(4) If a licensed graduate alcohol and drug counselor licensee notifies the Board in writing, the Board may consider a license extension beyond the 6-year maximum as set forth in §G(3) of this regulation.

(5) To renew licensure as a graduate alcohol and drug counselor, the applicant shall:

(a) Complete a Board-approved renewal application;

(b) Pay all applicable fees set forth in COMAR 10.58.02; and

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

(2) If the graduate alcohol and drug counselor licensee is unable to accumulate the required clinical hours for licensure as a clinical alcohol and drug counselor in 2 years, the graduate alcohol and drug counselor may apply on a Board-approved form for a 2-year extension before the current license as a graduate alcohol and drug counselor expires, up to a maximum of 6 years, except as provided in §G(4) of this regulation.

(3) For the graduate alcohol and drug counselor who has been granted a 2-year extension, CEUs are not required for the first 2-year extension. Subsequent extensions approved by the Board shall be subject to the continuing education requirements in COMAR 10.58.05.

(4) A graduate alcohol and drug counselor shall submit a written request for an extension beyond the 6-year maximum, which the Board may grant in certain circumstances.

H. Reinstatement. [The Board may reinstate the license of a licensed graduate alcohol and drug counselor as set forth under Regulation .03F of this chapter.]

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

(a) Completes the required CEUs as set forth under COMAR 10.58.05;

(b) Meets the current licensure requirements; and

(c) Pays the reinstatement fee as set forth under COMAR 10.58.02.

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

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

(4) An individual who fails to reinstate licensure is not authorized to and may not practice clinical alcohol and drug counseling.

I. Inactive Status. [The guidelines for inactive status are set forth under Regulation .03G of this chapter.]

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

(a) Completed Board-approved application; and

(b) Payment of all applicable fees set forth in COMAR 10.58.02.

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

(3) An individual on inactive status is not authorized to practice graduate alcohol and drug counseling.

(4) Within 5 calendar years after being placed on inactive status, an individual on inactive status seeking to be reinstated to active status shall be required, as a condition of reinstatement, to submit proof of having completed the CEU requirements as set forth under COMAR 10.58.05.

(5) If an individual on inactive status seeks to be reinstated beyond the required 5-year period and the conditions set forth under §I(4) of this regulation, the individual shall be required to:

(a) Submit a new application;

(b) Meet the current licensure requirements; and

(c) Pay the nonrefundable fee set forth in COMAR 10.58.02.

[.03] .05 Licensed Clinical Alcohol and Drug Counselors.

A. Scope of Practice. The scope of practice of a licensed clinical alcohol and drug counselor includes the following activities:

(1) (text unchanged)

(2) Treatment planning for mental health and substance use disorders, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention;

(3)—(9) (text unchanged)

B. Licensure. To qualify for licensure as a clinical alcohol and drug counselor, the applicant shall have:

[(1) Submit a completed Board-approved application and include documentation of post-graduate experience;

(2) Pay all applicable fees set forth in COMAR 10.58.02;]

[(3)] (1) [Complete] Completed one of the following from [a regionally] an accredited educational institution:

(a) A master’s degree in a health and human services counseling field [approved by the Board or in a program of studies determined by the Board to be substantially equivalent] with:

(i) (text unchanged)

(ii) 90 quarter credit hours; [or]

(b) A doctoral degree in a health and human services counseling field [approved by the Board or in a program of studies determined by the Board to be substantially equivalent] with:

(i) (text unchanged)

(ii) 135 graduate quarter credit hours[.]; or

(c) A master’s degree and have completed a program of studies determined by the Board to be substantially equivalent in subject matter with a minimum of 60 credit hours in counseling, including the required alcohol and drug course work for the license, as specified in §B(2) and (4) of this regulation;

[(4)] (2) [Complete] Completed a minimum of 39 semester credit hours or 65 quarter credit hours in alcohol and drug counselor training from [a regionally] an accredited educational institution with at least [one] 3 semester credit [hour] hours or 5 quarter credit [hour course] hours of course work in each of the following course content areas:

(a) [Medical aspects of chemical dependency] Pharmacology;

(b)—(d) (text unchanged)

(e) Ethics that [includes] include alcohol and drug counseling issues;

(f)—(k) (text unchanged)

[(5)] (3) [Complete] Completed one of the following:

(a) (text unchanged)

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed as a licensed graduate alcohol and drug counselor, a certified associate counselor-alcohol and drug, a certified supervised counselor-alcohol and drug, or an alcohol and drug trainee under and verified by [a Board-approved] an approved alcohol and drug counselor supervisor;

[(6)] (4) [Complete] Completed a minimum of 3 graduate semester credit hours or 5 quarter credit hours in each of the following content areas:

[(a) Personality development;]

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

[(7)] (5) [Complete not less than] Completed a minimum of 2 years [with a minimum of] and 2,000 hours of supervised clinical experience in alcohol and drug counseling [obtained]:

(a) [under the supervision of an approved licensed clinical alcohol and drug counselor supervisor acquired] Obtained  after the awarding of a master’s or doctoral degree[, of which];

(b) As a supervisee, as defined under Regulation .02B of this chapter, under an approved alcohol and drug counselor supervisor; and

(c) Of which a minimum of 1,500 hours shall be [face-to-face client contact hours] direct clinical counseling services, including 100 hours [face-to-face] of clinical supervision [hours], of which:

[(a)] (i) [At least] A minimum of 50 hours shall be individual face-to-face clinical supervision; and

[(b)] (ii) (text unchanged)

[(8)] (6) [Achieve] Achieved a passing score on:

(a)—(b) (text unchanged) 

(7) Met all of the requirements set forth under Regulation .03 of this chapter; and

[(9) Submit to a criminal background check;

(10) Be of good moral character; and]

[(11)] (8) [Comply] Complied with:

(a)—(b) (text unchanged) 

[C. Licensed alcohol and drug counselors shall conspicuously display:

(1) Their license or certificate in accordance with Health Occupations Article, §17-506, Annotated Code of Maryland; and

(2) A professional disclosure statement, as described in Health Occupations Article, §17-507, Annotated Code of Maryland, that:

(a) Except for licensees, clearly states that the counseling services are provided under supervision; and

(b) Provides the name, title, and credentials of the supervisor of record, including the supervisor’s address and contact information.

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

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

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

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

(4) If the applicant fails to correct the deficiency within the required period, the application may lapse and the applicant shall be required to submit a new application and pay the required non-refundable fee set forth in COMAR 10.58.02.]

[E.] C. Renewal.

(1) To renew clinical alcohol and drug counselor licensure, the applicant, before the current license expiration, shall:

(a)—(c) (text unchanged) 

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

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

[F.] D. Reinstatement. The Board may reinstate the license of a licensed clinical alcohol and drug counselor as set forth under Regulation .04H of this chapter.

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

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

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

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

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

(4) An individual who fails to reinstate licensure is not authorized to and may not practice clinical alcohol and drug counseling.]

[G.] E. Inactive Status. A licensed clinical alcohol and drug counselor may request inactive status as set forth under Regulation .04I of this chapter.

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

(a) Completed Board-approved application; and

(b) Payment of all applicable fees set forth in COMAR 10.58.02.

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

(3) An individual on inactive status is not authorized to practice clinical alcohol and drug counseling.

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

[.05] .06 [Certification:] Certified Professional Counselor-Alcohol and Drug.

A. The scope of practice for a certified professional counselor-alcohol and drug consists of the following activities:

(1) Biopsychosocial evaluation, including screening, assessment, and participating in the development of diagnostic impressions for SUDs and CODs;

(2) Treatment planning for SUDs and CODs, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention;

(3) Referral;

(4) Service coordination and case management in the areas of SUDs and CODs;

(5) Counseling, therapy, and trauma-informed care with individuals, families, and groups in the areas of SUDs and CODs;

(6) Client, family, and community education;

(7) Documentation;

(8) Professional and ethical responsibilities; and

(9) Supervisory responsibilities for all categories of certified alcohol and drug counselors or trainees in the certification track.

[A.] B. Renewal.

(1) To renew certified professional counselor-alcohol and drug certification, the applicant, before the current certificate expiration, shall:

(a)—(c) (text unchanged)

(2) The Board may not renew the certification of any certified professional counselor-alcohol and drug who fails to complete all requirements for renewal before [to] the expiration date of the current certification.

[B.] C. The Board may not reinstate the certification of a [Certified Professional Counselor-Alcohol and Drug (CPC-AD)] certified professional counselor-alcohol and drug who has failed to renew for any reason.

[.06] .07 Certified Associate Counselor-Alcohol and Drug.

A. (text unchanged)

B. [As required by Health Occupations Article, §17-403(a)(4), Annotated Code of Maryland, a] A certified associate counselor-alcohol and drug [shall]:

[(1) Practice under the moderate supervision of a Board-approved alcohol and drug counselor supervisor who is:

(a) A licensed clinical alcohol and drug counselor;

(b) A certified professional counselor-alcohol and drug; or

(c) Another health care provider:

(i) Licensed or certified under the Health Occupations Article, Title 17, Annotated Code of Maryland; and

(ii) Approved by the Board; and

(2) Provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State.]

(1) Shall provide alcohol and drug counseling:

(a) As an employee of an agency or facility that is certified or licensed by the State; and

(b) Under the moderate supervision of an approved alcohol and drug counselor supervisor as specified in Health Occupations Article, §17–403, Annotated Code of Maryland;

(2) May provide supervision with approval by the Board; and

(3) May not practice independently.

C. To qualify for certification as a certified associate counselor-alcohol and drug (CAC-AD) an applicant shall have:

[(1) Complete a Board-approved application;

(2) Pay all applicable fees set forth in COMAR 10.58.02;]

(1) At a minimum:

[(3)] (a) [Hold a] A bachelor’s degree from [a regionally] an accredited educational institution in a[:

(a) Health] health and human services counseling field; or

(b) [Program] A bachelor’s degree and have completed a program of studies determined by the Board to be substantially equivalent in subject matter with a minimum of 45 credit hours in counseling, including the required alcohol and drug course work for the level of certification sought, as specified in §C(2) of this regulation;

[(4)] (2) [Complete] Completed a minimum of 33 semester credit hours or 50 quarter credit hours in alcohol and drug counselor training from [a regionally] an accredited educational institution including:

(a) [A] 3 semester credit [hour] hours or 5 quarter credit [hour course taken at a regionally accredited educational institution] hours of course work in each of the following course content areas:

[(i) Medical aspects of chemical dependency:

(ii) Addictions treatment delivery;

(iii) Group counseling;

(iv) Individual counseling;]

(i) Pharmacology;

(ii) Group counseling;

(iii) Individual counseling;

(iv) Addictions treatment delivery;

(v)—(vi) (text unchanged)

(b) Any three of the following 3 semester credit [hour] hours or 5 quarter credit [hour courses taken at a regionally accredited educational institution] hours of course work in each of the following course content areas:

[(i) Family counseling;

(ii) Theories of counseling;

(iii) Human development;

(iv) Topics in substance-related and addictive disorders; and

(v) Treatment of co-occurring disorders; and]

(i) Human development;

(ii) Theories of counseling;

(iii) Treatment of co-occurring disorders;

(iv) Topics in substance-related and addictive disorders; and

(v) Family counseling;

[(5)] (3) [Complete] Completed one of the following:

(a) (text unchanged)

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed as a certified associate counselor-alcohol and drug, a certified supervised counselor-alcohol and drug, or an alcohol and drug trainee under and verified by [a Board-approved] an approved alcohol and drug counselor supervisor;

[(6)] (4) [Complete] Completed not less than 1 year with a minimum of 1,000 hours of clinically supervised experience in alcohol and drug counseling [work] completed as a certified supervised counselor-alcohol and drug or an alcohol and drug trainee under and verified by [a Board-approved] an approved alcohol and drug counselor supervisor;

[(7)] (5) [Achieve] Achieved a passing score on:

(a) (text unchanged)

(b) An examination of:

(i) (text unchanged)

(ii) [COMAR 10.58.] This subtitle;

[(8) Submit to a criminal background check;

(9) Be of good moral character; and]

(6) Met all of the requirements set forth under Regulation .03 of this chapter; and

[(10)] (7) [Comply] Complied with:

(a)—(b) (text unchanged)

D. Certified associate counselors-alcohol and drug shall have available for inspection a professional disclosure statement, as described in Health Occupations Article, §17-507, Annotated Code of Maryland, that:

(1) Clearly states that the counseling services are provided under supervision; and

(2) Provides the name, title, and credentials of the supervisor of record, including the supervisor’s address and contact information.

E. Reexamination. An applicant who fails an examination for certification:

(1) May retake the exam if:

(a) It is within the time frame set by the applicable testing authority; or

(b) A waiver is approved by the Board to extend the testing deadline upon proof of exceptional circumstances; or

(2) Shall be required to submit a new application and pay the nonrefundable fee set forth in COMAR 10.58.02.

[D.] F. The Board shall act upon applications [within a 6 month period] as set forth under Regulation [.03D] .03B of this chapter.

[E. A certified associate counselor-alcohol and drug:

(1) May provide alcohol and drug counseling:

(a) As an employee of an agency or facility that is certified or licensed by the State; and

(b) Under the moderate supervision of a Board-approved supervisor as specified in Health Occupations Article, §17–404, Annotated Code of Maryland; and

(c) Supervision with approval by the Board; and

(2) May not practice independently.]

[F.] G. Renewal.

(1) To renew the certification of a certified associate counselor-alcohol and drug [certification], the applicant, before the current certificate expiration, shall:

(a)—(c) (text unchanged)

(2)—(3) (text unchanged)

[G.] H. Reinstatement. [The Board may reinstate the certificate of a certified associate counselor-alcohol and drug set forth under Regulation .03F of this chapter.]

(1) Within 5 calendar years after the certificate renewal date, the Board may reinstate the certificate of a certified associate counselor-alcohol and drug otherwise entitled to reinstatement under Health Occupations Article, §17-505(b), Annotated Code of Maryland, whose certificate was not renewed for any reason, if the certificate holder:

(a) Completes the required CEUs as set forth under COMAR 10.58.05;

(b) Meets the current certification requirements; and

(c) Pays the reinstatement fee as set forth under COMAR 10.58.02.

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

(3) For any certified associate counselor-alcohol and drug whose certificate has expired more than 5 calendar years before the request for reinstatement, a new application for certification shall be completed and the current certification requirements shall be met.

[H.] I. Inactive Status. [The guidelines for inactive status are set forth under Regulation .03G of this chapter.]

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

(a) Completed Board-approved application; and

(b) Payment of all applicable fees set forth in COMAR 10.58.02.

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

(3) An individual on inactive status is not authorized to practice alcohol and drug counseling.

(4) Within 5 calendar years after being placed on inactive status, an individual on inactive status seeking to be reinstated to active status shall be required, as a condition of reinstatement, to submit proof of having completed the CEU requirements as set forth under COMAR 10.58.05.

(5) If an individual on inactive status seeks to be reinstated beyond the required 5-year period and conditions set forth under §I(4) of this regulation, the individual shall be required to:

(a) Submit a new application;

(b) Meet the current certification requirements; and

(c) Pay the nonrefundable fee set forth in COMAR 10.58.02.

[.07] .08 Certified Supervised Counselor-Alcohol and Drug.

A. Scope of Practice. The scope of practice for a certified supervised counselor-alcohol and drug consists of the following activities, performed in accordance with [§C] §B of this regulation:

(1) Participating in the development of diagnostic impressions for SUDs and CODs, as:

(a) Confirmed by [a Board-approved] an approved alcohol and drug counselor supervisor; and

(b) (text unchanged)

(2)—(3) (text unchanged)

(4) Treatment planning for SUDs and CODs, including initial, ongoing, continuity of care, discharge, and planning for relapse prevention, as confirmed by:

(a) [The Board-approved] An approved alcohol and drug counselor supervisor; and

(b) (text unchanged)

(5) (text unchanged)

(6) Participating in service coordination, case coordination, and case management for SUDs and CODs;

(7)—(10) (text unchanged)

B. A certified supervised counselor-alcohol and drug [may not perform supervision.]:

(1) Shall practice under the close supervision of an approved alcohol and drug counselor supervisor;

(2) Shall provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State; and

(3) May not:

(a) Provide supervision; or

(b) Practice independently.

[C. As required by Health Occupations Article, §17-404(a)(4), Annotated Code of Maryland, a certified supervised counselor-alcohol and drug shall:

(1) Practice under the close supervision of a Board-approved alcohol and drug counselor supervisor; and

(2) Provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State.]

[D.] C. To qualify for certification as a supervised counselor-alcohol and drug, an applicant shall have:

[(1) Submit a completed Board-approved application;

(2) Pay all applicable fees set forth in COMAR 10.58.02;]

(1) At a minimum:

[(3)] (a) [Hold an] An associate’s degree from [a regionally] an accredited educational institution in a[:

(a) Health or] health and human services counseling field; or

(b) [Program] An associate’s degree and have completed a program of studies determined by the Board to be substantially equivalent[;] in subject matter with a minimum of 30 credit hours in counseling, including the required alcohol and drug course work for the level of certification sought, as specified in §C of this regulation;

[(4)] (2) [Complete] Completed a minimum of 24 semester credit hours or 37 quarter credit hours in alcohol and drug counselor training from [a regionally] an accredited educational institution including:

(a) [A] 3 semester credit [hour] hours or 5 quarter credit [hour course taken at a regionally accredited educational institution] hours of course work in each of the following [courses] course content areas:

(i) [Medical aspects of chemical dependency] Pharmacology;

(ii)—(iii) (text unchanged)

(b) Any three of the following 3 semester credit [hour] hours or 5 quarter credit [hour courses taken at a regionally accredited educational institution] hours of course work in each of the following course content areas:

[(i) Group counseling;

(ii) Individual counseling;

(iii) Family counseling;

(iv) Theories of counseling;

(v) Human development;

(vi) Abnormal psychology;

(vii) Topics in substance-related and addictive disorders; and

(viii) Treatment of co-occurring disorders;]

(i) Human development;

(ii) Theories of counseling;

(iii) Treatment of co-occurring disorders;

(iv) Family counseling;

(v) Individual counseling;

(vi) Group counseling;

(vii) Abnormal psychology; and

(viii) Topics in substance-related and addictive disorders;

[(5)] (3) [Complete] Completed one of the following:

(a) (text unchanged)

(b) A minimum of 1,000 hours of alcohol and drug counseling work completed as an alcohol and drug trainee under and verified by [a Board-approved] an approved alcohol and drug counselor supervisor;

[(6)] (4) [Achieve] Achieved a passing score on:

(a) (text unchanged)

(b) An examination of:

(i) (text unchanged)

(ii) [COMAR 10.58.] This subtitle;

[(7) Submit to a criminal background check;

(8) Be of good moral character; and]

(5) Met all of the requirements set forth under Regulation .03 of this chapter; and

[(9)] (6) [Comply] Complied with:

(a)—(b) (text unchanged)

D. Certified supervised counselors-alcohol and drug shall have available for inspection a professional disclosure statement, as described in Health Occupations Article, §17-507, Annotated Code of Maryland, that:

(1) Clearly states that the counseling services are provided under supervision; and

(2) Provides the name, title, and credentials of the supervisor of record, including the supervisor’s address and contact information.

E. Reexamination. An applicant who fails an examination for certification:

(1) May retake the exam if:

(a) It is within the time frame set by the applicable testing authority; or

(b) A waiver is approved by the Board to extend the testing deadline upon proof of exceptional circumstances; or

(2) Shall be required to:

(a) Submit a new application; and

(b) Pay the nonrefundable fee set forth in COMAR 10.58.02.

[E.] F. The Board shall act upon applications [within a 6-month period] as set forth under Regulation [.03D] .03B of this chapter.

[F. A certified supervised counselor-alcohol and drug:

(1) May provide alcohol and drug counseling:

(a) As an employee of an agency or facility that is certified or licensed by the State; and

(b) Under the close supervision of a Board-approved supervisor as specified in Health Occupations Article, §17–404, Annotated Code of Maryland; and

(2) May not:

(a) Provide supervision; or

(b) Practice independently.

G. A certified supervised counselor-alcohol and drug shall practice alcohol and drug counseling under the close supervision of a Board-approved alcohol and drug counselor supervisor.]

[H.] G. Renewal. The Board may renew the certificate of a certified supervised counselor-alcohol and drug as set forth under Regulation [.06F] .07G in this chapter.

[I.] H. Reinstatement. The Board may reinstate the certificate of a certified supervised counselor-alcohol and drug as set forth under Regulation [.03F] .07H in this chapter.

[J.] I. Inactive Status. [The guidelines for inactive status are] A certified supervised counselor-alcohol and drug may request inactive status as set forth under Regulation [.03G] .07I of this chapter.

[.08] .09 Alcohol and Drug Trainees.

A. Scope of Practice. The scope of practice of an alcohol and drug trainee shall be limited to the following activities under an approved alcohol and drug counselor supervisor:

(1)—(5) (text unchanged)

(6) Client, family, group, and community education;

(7)—(8) (text unchanged)

B. (text unchanged)

C. Qualifications. To qualify as an alcohol and drug trainee, an applicant shall meet one of the following requirements:

(1) Hold an associate’s degree or higher from an accredited educational institution:

(a) In a health and human services counseling field; or

(b) Hold an associate’s degree and a completed program of studies determined by the Board to be substantially equivalent in subject matter, which includes 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling; or

(2) Have completed 15 semester credit hours or 25 quarter credit hours from among the topic areas specified in Regulation .05B of this chapter including:

(a) 15 continuing education units (CEUs) in the ethics of alcohol and drug counseling; or

(b) 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling from an accredited educational institution.

D. An alcohol and drug trainee shall:

(1) Practice under the supervision of a Board-approved alcohol and drug supervisor as specified under §§E—H of this regulation; and

(2) Have available for inspection a professional disclosure statement, as described in Health Occupations Article, §17-507, Annotated Code of Maryland, that:

(a) Clearly states that the counseling services are provided under supervision; and

(b) Provides the name, title, and credentials of the supervisor of record, including the supervisor’s address and contact information.

[C.] E. A trainee holding a master’s degree shall:

(1) Practice under the clinical supervision of an approved [licensed clinical] alcohol and drug counselor supervisor as defined under Regulation .02B of this chapter;

(2) [Hold approved trainee status with the Board] Provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State; and

(3) (text unchanged)

[D.] F. A trainee holding a bachelor’s degree shall:

(1) Practice under the moderate supervision of [a Board-approved] an approved alcohol and drug counselor supervisor;

(2) [Hold approved trainee status with the Board] Provide alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State; and

(3) Provide documentation satisfactory to the Board every 2 years of progress towards the fulfillment of the experiential [or] and course of study requirements under Health Occupations Article, §17-403 or 17-404, Annotated Code of Maryland.

[E.] G. A trainee holding an associate’s degree shall:

(1) Practice under the close supervision of [a Board-approved] an approved alcohol and drug counselor supervisor;

[(2) Hold approved trainee status with the Board;]

[(3)] (2)—[(4)] (3) (text unchanged)

[F.] H. A trainee holding a high school diploma shall meet all guidelines set forth under [§E] §G of this regulation.

[G.] I. Application Process.

(1) [In order to practice as an alcohol and drug trainee, an individual] To qualify for alcohol and drug trainee status, an applicant shall:

(a) (text unchanged)

(b) [Pay all applicable fees set forth in COMAR 10.58.02; and] Meet all of the requirements set forth under Regulation .03 of this chapter;

(c) Provide the name and credentials of the applicant’s prospective supervisor before beginning practice[.]; and

(d) Comply with:

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

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

[(2) The Board shall issue a letter to the individual authorizing the individual to practice alcohol and drug counseling as a trainee for 2 years, renewable in 2-year increments to a total of 6 years.

(3) In each 2-year renewal application, the trainee shall:

(a) Document progress made during the current 2-year period towards the stated educational and supervised experience required for the licensure or certification sought at the end of the trainee period, including:

(i) A verification from the approved supervisor documenting the number of hours of supervised experience obtained during the 2-year period; and

(ii) A copy of an official transcript from an educational institution approved by the Board documenting progress made in completing the required education; and

(b) Pay the required renewal fee set forth in COMAR 10.58.02.

(4) The Board may deny renewal if the applicant fails to document sufficient progress as determined by the Board.

(5) A trainee who fails to renew their trainee status is not authorized to practice alcohol and drug counseling.]

[(6)] (2) The trainee shall notify the Board in writing within 30 days of any changes in employment and supervision.

[(7)] (3) (text unchanged)

[H.] J. Trainee Practice of Alcohol and Drug Counseling.

(1) (text unchanged)

(2) After fulfilling the experiential and course of study requirements under Regulations [.03,] .04, [.06, or] .05, .07, or .08 of this chapter, the alcohol and drug trainee[,] may be eligible to apply for:

(a)—(d) (text unchanged)

[I. Qualifications. To qualify as an alcohol and drug trainee an applicant shall meet one of the following requirements:

(1) Hold an associate’s degree or higher in a:

(a) Health and human services counseling field from a regionally accredited educational institution, or an associate’s degree and which includes 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling; or

(b) Program of studies determined by the Board to be substantially equivalent, which includes 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling; or

(2) Have completed 15 semester credits or 25 quarter credits from among the topic areas specified in Regulation .03B of this chapter including:

(a) 15 continuing education units (CEU’s) in the ethics of alcohol and drug counseling; or

(b) 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling from an accredited educational institution.

J. An alcohol and drug trainee shall practice under the supervision of a Board-approved alcohol and drug supervisor.]

K. Renewal.

[(1) Individuals applying for renewal of trainee status after the effective date of this regulation shall:

(a) Complete a trainee renewal application on a Board-approved form;

(b) Pay all applicable fees set forth in COMAR 10.58.02; and

(c) Provide documentation, satisfactory to the Board, of the applicant’s progress during the current 2 year period towards fulfilling the experiential and course of study requirements under Health Occupations Article, §§17-302, 17-309, 17-403, or 17-404, Annotated Code of Maryland.

(2) Trainees currently in the process of completing the trainee requirements before the effective date of this regulation may continue to complete the requirements as previously agreed to with their supervisor, provided they fulfill the experiential or course of study requirements under Health Occupations Article, §§17-302, 17-309, 17-403, or 17-404, Annotated Code of Maryland.]

(1) The Board shall issue a letter to the individual authorizing the individual to practice alcohol and drug counseling as a trainee for 2 years, renewable in 2-year increments up to a total of 6 years.

(2) In each 2-year renewal application, before the expiration of the current trainee period, the trainee shall:

(a) Document progress made during the current 2-year period towards the stated educational and supervised clinical experience required for the licensure or certification sought at the end of the trainee period, including:

(i) A verification from the approved alcohol and drug supervisor documenting the number of hours of supervised clinical experience obtained during the 2-year period; and

(ii) A copy of an official transcript from an educational institution approved by the Board documenting progress made in completing the required education;

(b) Submit a completed Board-approved trainee renewal application;

(c) Pay the required renewal fee set forth in COMAR 10.58.02; and

(d) Provide documentation, satisfactory to the Board, every 2 years of the applicant’s progress towards fulfilling the experiential and course of study requirements under Health Occupations Article, §17-403 or 17-404, Annotated Code of Maryland.

(3) The Board may deny renewal if the applicant fails to document sufficient progress as determined by the Board.

(4) A trainee who fails to renew their trainee status is not authorized to practice alcohol and drug counseling.

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

A. An applicant licensed [or certified] as a clinical alcohol and drug counselor or its equivalent, as established by the Board, in another state, territory, or jurisdiction[,] is eligible for licensure if the applicant:

[(1) Files a completed Board-approved application accompanied by the required fees specified in COMAR 10.58.02.02;

(2) Provides verification that the applicant has:

(a) No history of disciplinary action past or pending; and

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

(3) Provides:

(a) A copy of a current license or certification from each state, territory, or jurisdiction in which the applicant is authorized to practice alcohol and drug counseling;

(b) Documentation, satisfactory to the Board, that the applicant is currently licensed or certified in good standing to practice alcohol and drug counseling in another state, territory, or jurisdiction;

(c) Documentation or transcripts confirming completion of a master’s or doctoral degree in a health or human services counseling field from a:

(i) Regionally accredited educational institution; or

(ii) Program of studies determined by the Board to be substantially equivalent;

(d) Verification, on a Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time specified as follows:

(i) If the applicant has a master’s degree and has a minimum of 60 graduate credit hours, documentation, satisfactory to the Board, of not less than 3 years, with a minimum of 2,000 hours of supervised clinical experience in alcohol and drug counseling, 2 years of which shall have been completed after the awarding of a master’s degree;

(ii) If the applicant has a master’s degree consisting of less than 60 graduate credit hours, documentation, satisfactory to the Board, of not less than 3 years experience practicing as a clinical alcohol and drug counselor, with a minimum of 2,000 hours of clinical alcohol and drug counseling experience; or

(iii) If the applicant has a doctoral degree, documentation, satisfactory to the Board, of not less than 2 years practicing as a clinical alcohol and drug counselor, with a minimum of 2,000 hours of clinical alcohol and drug counseling experience; and]

(1) Provides:

(a) A completed Board-approved application;

(b) Documentation or transcripts confirming completion of one of the following from an accredited educational institution:

(i) A master’s or doctoral degree in a health and human services counseling field; or

(ii) A master’s degree and confirmation of the completion of a program of studies determined by the Board to be substantially equivalent in subject matter with a minimum of 60 credit hours in counseling, including the required alcohol and drug course work for the license, as specified in Regulation .04B of this chapter;

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

(d) Documentation, satisfactory to the Board, that the applicant is currently licensed in good standing to practice alcohol and drug counseling in another state, territory, or jurisdiction; and

(e) Verification that the applicant has:

(i) No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a license to practice clinical alcohol and drug counseling; and

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

(2) Pays the application fee set forth in the COMAR 10.58.02;

[(4)] (3) [Achieves] Has achieved a passing score on:

(a) (text unchanged)

(b) An examination of:

(i) (text unchanged)

(ii) [COMAR 10.58.] This subtitle;

(4) Meets all of the requirements set forth under Regulation .03 of this chapter; and

(5) Complies with:

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

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

B. Waiver of Examination. The Board may waive any examination requirements for an applicant who satisfies the Board that the applicant:

(1) Obtained licensure in a state or country that grants a similar endorsement to license holders of this State;

(2) Became licensed in another state or country after passing an examination approved by the Board; and

(3) Meets the qualifications otherwise required by Health Occupations Article, Title 17, Annotated Code of Maryland, and this chapter.

C. Educational Requirements. The educational requirements for licensure in this State as a clinical alcohol and drug counselor shall be met:

(1) As established in Regulation .05 of this chapter; or

(2) By providing documentation of the substitute educational and experience requirements outlined in §§D and E of this regulation.

[B.] D. Waiver of Course Requirements. The Board [shall] may waive [the] one or more course requirements specified in Regulation [.03B] .04B of this chapter, except for documentation or transcripts showing completion of:

(1) 3 graduate semester credit hours or 5 graduate quarter credit hours covering the following primary topics or content areas:

[(a) Personality development;]

[(b)] (a) [Diagnosis] Psychotherapy and treatment of mental and emotional disorders, as described in Regulation .02B of this chapter; [and]

[(c)] (b) [Psychopathology] Diagnosis and psychopathology; and

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

(2) 3 undergraduate semester credit hours or 5 undergraduate quarter credit hours in:

(a) (text unchanged)

(b) [Medical aspects of chemical dependency] Pharmacology.

E. Equivalent Experience Requirements.

(1) The applicant shall provide documentation, satisfactory to the Board, of one of the following for an applicant with:

(a) A master’s degree consisting of:

(i) A minimum of 60 graduate credit hours; and

(ii) Not less than 3 years, with a minimum of 2,000 hours, of supervised clinical experience in alcohol and drug counseling, 2 years of which shall be completed after the award of the master’s degree;

(b) A master’s degree consisting of:

(i) Less than 60 graduate credit hours; and

(ii) Not less than 3 years of experience practicing as a clinical alcohol and drug counselor, with a minimum of 2,000 hours of clinical alcohol and drug counseling experience; or

(c) A doctoral degree consisting of:

(i) Not less than 2 years practicing as a clinical alcohol and drug counselor; or

(ii) A minimum of 2,000 hours of clinical alcohol and drug counseling experience.

(2) The applicant shall provide verification, on a Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced clinical alcohol and drug counseling for the length of time stated in §E(1) of this regulation.

.11 Certification Eligibility — CAC-AD — Out-of-State Applicants.

A. An applicant certified as a certified associate counselor-alcohol and drug or its equivalent, as established by the Board, in another state, territory, or jurisdiction[,] is eligible for certification if the applicant:

[(1) Files a completed Board-approved application accompanied by the required fees specified in COMAR 10.58.02.02;

(2) Provides verification that the applicant has:

(a) No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a certificate to practice alcohol and drug counseling; and

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

(3) Provides:

(a) A copy of a current certification from each state, territory, or jurisdiction, in which the applicant is authorized to practice alcohol and drug counseling;

(b) Documentation, satisfactory to the Board, that the applicant is currently certified in good standing to practice alcohol and drug counseling in another state, territory, or jurisdiction;

(c) Documentation or transcripts confirming completion of a bachelor’s degree in a health or human services counseling field from a:

(i) Regionally accredited educational institution; or

(ii) Program of studies determined by the Board to be substantially equivalent;

(d) Documentation, satisfactory to the Board, of not less than 3 years of supervised experience in alcohol and drug counseling with a minimum of 2,000 hours experience; and

(e) Verification, on a Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time stated in §A(3)(d) of this regulation; and]

(1) Provides:

(a) A completed Board-approved application;

(b) Documentation or transcripts confirming completion of one of the following from an accredited educational institution:

(i) A bachelor’s degree in a health and human services counseling field; or

(ii) A bachelor’s degree and confirmation of the completion of a program of studies determined by the Board to be substantially equivalent in subject matter with a minimum of 45 credit hours in counseling, including the required alcohol and drug course work for the certificate, as specified in Regulations .07 and .08 of this chapter;

(c) A copy of a current certification from each state, territory, or jurisdiction, in which the applicant has been certified or otherwise authorized to practice alcohol and drug counseling;

(d) Documentation, satisfactory to the Board, that the applicant is currently certified in good standing to practice alcohol and drug counseling in another state, territory, or jurisdiction; and

(e) Verification that the applicant has:

(i) No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a certificate to practice alcohol and drug counseling; and

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

(2) Pays the application fee set forth in the COMAR 10.58.02;

[(4)] (3) [Achieves] Has achieved a passing score on:

(a) (text unchanged)

(b) An examination of:

(i) (text unchanged)

(ii) [COMAR 10.58.] This subtitle;

(4) Meets all of the requirements set forth under Regulation .03 of this chapter; and

(5) Complies with:

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

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

B. Waiver of Examination. The Board may waive any examination requirements for an applicant who satisfies the Board that the applicant:

(1) Obtained certification in a state or country that grants a similar endorsement to certificate holders of this State;

(2) Became certified in another state or country after passing an examination approved by the Board;

(3) Meets the qualifications otherwise required by Health Occupations Article, Title 17, Annotated Code of Maryland, and this chapter.

C. Educational Requirements. The educational requirements for certification in this State as a certified associate counselor-alcohol and drug shall be met:

(1) As established in Regulation .07 of this chapter; or

(2) By providing documentation of the substitute educational and experience requirements outlined in §§D and E of this regulation.

[B.] D. Waiver of Course Requirements. The Board [shall] may waive [the] one or more course requirements specified in Regulations [.03B] .04B and [.04B] .05B of this chapter, except for documentation showing completion of:

(1) 12 [educational workshop hours] continuing education units (CEUs) in the ethics of alcohol and drug counseling; or

(2) 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling.

E. Equivalent Experience Requirements. The applicant shall provide:

(1) Documentation, satisfactory to the Board, of not less than 2 years of supervised clinical experience in alcohol and drug counseling with a minimum of 2,000 hours experience; and

(2) Verification, on a Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time stated in §E(1) of this regulation.

.12 Certification Eligibility — CSC-AD — Out-of-State Applicants.

A. An applicant certified as a certified supervised counselor-alcohol and drug or its equivalent, as established by the Board, in another state, territory, or jurisdiction is eligible for certification if the applicant:

[(1) Files a completed Board-approved application accompanied by the required fees specified in COMAR 10.58.02.02;

(2) Provides verification that the applicant has:

(a) No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a certificate to practice alcohol and drug counseling; and

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

(3) Provides:

(a) A copy of a current certification from each state, territory, or jurisdiction, in which the applicant is authorized to practice alcohol and drug counseling;

(b) Documentation, satisfactory to the Board, that the applicant is currently certified in good standing to practice alcohol and drug counseling in another state, territory, or jurisdiction;

(c) Documentation or transcripts confirming completion of an associate’s degree in a health or human services counseling field from a:

(i) Regionally accredited educational institution; or

(ii) Program of studies determined by the Board to be substantially equivalent;

(d) Documentation, satisfactory to the Board, of not less than 2 years, with a minimum of 2,000 hours, of supervised experience in alcohol and drug counseling; and

(e) Verification, on a Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time stated in §A(3) of this regulation; and]

(1) Provides:

(a) A completed Board-approved application;

(b) Documentation or transcripts confirming completion of one of the following from an accredited educational institution:

(i) An associate’s degree in a health and human services counseling field; or

(ii) An associate’s degree and confirmation of the completion of a program of studies determined by the Board to be substantially equivalent in subject matter with a minimum of 30 credit hours in counseling, including the required alcohol and drug course work for the certificate, as specified in Regulations .07 and .08 of this chapter;

(c) A copy of a current certification from each state, territory, or jurisdiction in which the applicant has been certified or otherwise authorized to practice alcohol and drug counseling;

(d) Documentation, satisfactory to the Board, that the applicant is currently certified in good standing to practice alcohol and drug counseling in another state, territory, or jurisdiction;

(e) Verification that the applicant has:

(i) No history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a certificate to practice alcohol and drug counseling; and

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

(2) Pays the application fee set forth in the COMAR 10.58.02;

[(4)] (3) [Achieves] Has achieved a passing score on:

(a) (text unchanged)

(b) An examination of:

(i) (text unchanged)

(ii) [COMAR 10.58.] This subtitle;

(4) Meets all of the requirements set forth under Regulation .03 of this chapter; and

(5) Complies with:

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

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

B. Waiver of Examination. The Board may waive any examination requirements for an applicant as set forth under Regulation .11B of this chapter.

C. Educational Requirements. The educational requirements for certification in this State as a certified supervised counselor-alcohol and drug shall be met:

(1) As established in Regulation .08 of this chapter; or

(2) By providing documentation of the substitute educational and experience requirements outlined in §§D and E of this regulation.

[B.] D. Waiver of Course Requirements. The Board [shall] may waive [the] one or more course requirements specified in Regulations [.03B] .07C and [.04B] .08C of this chapter, except for documentation from [a regionally] an accredited educational institution showing completion of:

(1) 12 [educational workshop hours] continuing education units (CEUs) in the ethics of alcohol and drug counseling; or

(2) 1 semester credit hour or 2 quarter credit hours in the ethics of alcohol and drug counseling.

E. Equivalent Experience Requirements. The applicant shall provide:

(1) Documentation, satisfactory to the Board, of not less than 2 years of supervised clinical experience in alcohol and drug counseling with a minimum of 2,000 hours experience; and

(2) Verification, on a Board-approved form, from employers, supervisors, or colleagues that the applicant has practiced alcohol and drug counseling for the length of time stated in §E(1) of this regulation.

.13 Standards for Supervision.

A. Except as otherwise specified in this chapter, this chapter does not apply to personnel or management practices associated with contractual relationships or employment.

B. A supervisor shall:

(1) Supervise only in those areas within the supervisor’s competence, as determined by:

(a) Education;

(b) Training; and

(c) Experience;

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

(3) Provide supervision in the general content areas established in Health Occupations Article, §§17-302, 17-403, 17-404, and 17-406, Annotated Code of Maryland; and

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

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

(b) This subtitle, with special emphasis on the code of ethics chapter, COMAR 10.58.03.

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

(1) The supervisee’s scope of practice of:

(a) Clinical alcohol and drug counseling under Health Occupations Article, §17-101(s), Annotated Code of Maryland; or

(b) Alcohol and drug counseling under Health Occupations Article, §17-101(p), Annotated Code of Maryland;

(2) Activities specified under Regulations .04A, .07A, .08A, and .09A, of this chapter;

(3) Appropriate billing practices, if applicable to the practice site, including:

(a) Financial record keeping and disclosure; and

(b) Establishment and disclosure to clients of:

(i) Fees for services;

(ii) Payment arrangements;

(iii) Payment plans;

(iv) Financial services; and

(v) Terms and conditions of service;

(4) Professional and ethical responsibilities, including a working knowledge of the Board’s code of ethics, as set forth in COMAR 10.58.03;

(5) The provision of services involving the application of counseling principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems, emotional conditions, or mental conditions of individuals or groups, as required by Health Occupations Article, §17-308, Annotated Code of Maryland; and

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

D. The following supervisees shall practice alcohol and drug counseling under the supervision of an approved alcohol and drug counselor supervisor as defined under Regulation .02B of this chapter:

(1) A licensed graduate alcohol and drug counselor;

(2) A certified associate counselor-alcohol and drug;

(3) A certified supervised counselor-alcohol and drug; or

(4) An alcohol and drug trainee.

.14 Supervisor Qualifications.

A. An individual providing supervision shall be Board-approved and:

(1) Licensed by the Board as a clinical alcohol and drug counselor;

(2) Licensed by the Board as:

(a) A clinical professional counselor;

(b) A clinical marriage and family therapist; or

(c) A clinical professional art therapist;

(3) A licensed mental health care provider as defined in Regulation .02B of this chapter;

(4) Certified by the Board as a certified professional counselor-alcohol and drug; or

(5) Certified by the Board as a certified associate counselor-alcohol and drug for at least 2 years.

B. Experience, Education, and Training.

(1) A supervisor licensed or certified by the Board, or any Board-approved mental health care provider licensed under Health Occupations Article, Annotated Code of Maryland, with 3 years of documented experience in alcohol and drug counseling, including 3,000 hours of direct client contact, shall complete any of the following options:

(a) For a certified professional counselor-alcohol and drug or a certified associate counselor-alcohol and drug, at least 3 semester credit hours or 5 quarter credit hours of undergraduate or graduate-level academic course work that includes counseling supervision;

(b) For a licensed clinical alcohol and drug counselor or other board-approved mental health care provider, at least 3 semester credit hours or 5 quarter credit hours of graduate-level academic course work that includes counseling supervision;

(c) A Board-approved continuing education program in counseling supervision that includes a minimum of 18 CEUs with a sponsor approved by the Board to provide Category A CEUs as defined under COMAR 10.58.05.05; or

(d) Hold the:

(i) National Association of Alcohol and Drug Abuse Counselors Approved Clinical Supervisor credential; or

(ii) International Certification and Reciprocity Consortium Clinical Supervisor credential.

(2) Supervision training required by §B(1) of this regulation may be obtained in a graduate or undergraduate course as provided in §B(1)(a) or (b) of this regulation, or continuing education as listed in §B(1)(c) of this regulation, and may include, but is not limited to, training in:

(a) The role and responsibilities of the supervisor;

(b) The needs of the supervisee, the supervisor, and the agency setting while:

(i) Maintaining a clear ethical perspective, including appropriate boundaries; and

(ii) Making clinically appropriate diagnoses;

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

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

(e) Methods for group supervision; and

(f) Models and modalities for practice intervention.

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

(1) File with the Board the approved alcohol and drug supervisor application form;

(2) Provide each supervisee with a copy of the Board’s authorization of approved alcohol and drug supervisor status;

(3) Have a license or certification that is in good standing; and

(4) Be an approved alcohol and drug supervisor as defined under Regulation .02B of this chapter.

.15 Supervisor Responsibilities.

A supervisor shall:

A. Agree to and sign a written contract for supervision before initiating supervision;

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

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

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

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

(1) Dates;

(2) Duration; and

(3) Focus of the supervisory sessions;

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

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

(2) This subtitle, with special emphasis on the code of ethics chapter, COMAR 10.58.03;

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

H. Be responsible for the professional practices of supervisees;

I. Provide:

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

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

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

(a) Supervisee; or

(b) Board or its authorized agent; and

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

.16 Supervisee Responsibilities.

A. A supervisee shall:

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

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

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

(4) Prepare for supervision using case materials related to the supervisee’s alcohol and drug counseling practice;

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

(a) Dates;

(b) Duration; and

(c) Focus of the supervision; and

(6) Follow all terms of the written contract for supervision.

B. A supervisee may not engage in the practice of alcohol and drug counseling independently.

C. A supervisee shall provide each client with a copy of the supervisee’s professional disclosure statement, as required by Health Occupations Article, §17-507, Annotated Code of Maryland, stating:

(1) That the supervisee’s alcohol and drug counseling services are provided under supervision; and

(2) The name of the supervisor, including the supervisor’s address and contact information.

D. A supervisee shall obtain from each client a signed informed consent for treatment form which indicates that the client:

(1) Is aware that counseling services are being provided under supervision; and

(2) Consents to the recording of counseling sessions, and the sharing of client information, acknowledging that all of these materials may be shared with:

(a) The approved alcohol and drug supervisor of record; or

(b) The instructor supervising an education-related practicum.

ROBERT R. NEALL
Secretary of Health

 

Title 22
STATE RETIREMENT AND PENSION SYSTEM

Subtitle 02 OPTION AND ANNUITY TABLES

22.02.01 Option Factors and Annuity Values

Authority: State Personnel and Pensions Article, §§20-202, 21-108, 21-110, 21-125, and 21-402, Annotated Code of Maryland

Notice of Proposed Action

[20-188-P]

The Board of Trustees for the State Retirement and Pension System proposes to amend Regulations .01, .03, and .05, repeal existing Regulation .04, and adopt new Regulation .04 under COMAR 22.02.01 Option Factors and Annuity Values. This action was considered by the Board of Trustees for the State Retirement and Pension System at an open meeting held on September 22, 2020, notice of which was given by publication on the website for the Maryland State Retirement and Pension System pursuant to General Provisions Article, §3-302, Annotated Code of Maryland.

Also, at this time, the Board of Trustees is withdrawing the proposal to amend Regulations .01, .03, and .05, repeal existing Regulation .04, and adopt new Regulation .04 under COMAR 22.02.01 Option Factors and Annuity Values that was proposed in 47:23 Md. R. 1007—1009 (November 6, 2020).

Statement of Purpose

The purpose of this action is to update the option factors and annuity values used by the State Retirement Agency when making calculations related to benefits payable upon the commencement of a retirement allowance, vested allowance, or allowance payable on the death of an active member. These proposed regulations are also being amended to make technical and clarifying changes to the existing regulations and to explain when certain updated factors will apply to the Agency’s calculations.

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 Anne E. Gawthrop, Esq., Director, Legislative Affairs, State Retirement Agency, 120 East Baltimore Street, Baltimore, MD 21202, or call 410-625-5602, or email to agawthrop@sra.state.md.us, or fax to 410-468-1710. Comments will be accepted through December 21, 2020. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Board of Trustees for the State Retirement and Pension System during a public meeting to be held on January 19, 2021, at 9:30 a.m., via live stream from the Agency’s website. Please check the website closer to the meeting date for further details.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Post-reform COLA rate” means the assumed cost-of-living adjustment rate under Regulation .03 or .04 of this chapter, for creditable service that is subject to State Personnel and Pensions Article, §29-408, Annotated Code of Maryland.

(3) “Pre-reform COLA rate” means the assumed cost-of-living adjustment rate under Regulation .03 or .04 of this chapter, for creditable service that is not subject to State Personnel and Pensions Article, §29-408, Annotated Code of Maryland.

(4) (text unchanged)

.03 Option and Annuity Factors [on or after] from July 1, 2017, until December 31, 2021.

A. This regulation applies to an effective date of retirement [on or after] from July 1, 2017, until December 31, 2021.

B. General option factors and annuity values, which are established by the System’s actuary and are based on the actuarial assumptions adopted by the Board of Trustees as set forth in [§E] §F of this regulation, shall be applicable to the Correctional Officers’ Retirement System, Employees’ Pension System, Employees’ Retirement System, Judges’ Retirement System, Teachers’ Pension System, and Teachers’ Retirement System.

C. Law Enforcement option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in [§E] §F of this regulation, shall be applicable to the Law Enforcement Officers’ Pension System, Local Fire and Police System, and State Police Retirement System.

D. Legislative plan option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §F of this regulation, shall be applicable to the Legislative Pension Plan.

[D.] E. (text unchanged)

[E.] F. Actuarial Assumptions.

Interest Rate

Pre-reform
COLA Rate

Post-reform
COLA Rate

Mortality

Disabled Mortality

Unisex Mix

General Option Factors and Annuity Values —

Law Enforcement Option Factors and Annuity Values

(text unchanged)

Legislative Plan Option Factors and Annuity Values

5.85%

3.20%

3.20%

RP 2014 Combined Annuitant Mortality

RP 2014 Disabled Annuitant Mortality, Set Forward 1 / 3 Years for Males / Females

75% / 25% Male / Female

 

.04 Option and Annuity Factors on or After January 1, 2022.

A. This regulation applies to an effective date of retirement on or after January 1, 2022.

B. Employee option factors and annuity values, which are established by the System’s actuary and are based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Employees’ Pension System and Employees’ Retirement System.

C. Judicial option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Judges’ Retirement System.

D. Legislator option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Legislative Pension Plan.

E. Public safety option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Correctional Officers’ Retirement System, Law Enforcement Officers’ Pension System, Local Fire and Police System, and State Police Retirement System.

F. Teacher option factors and annuity values, which are established by the System’s actuary and based on the actuarial assumptions adopted by the Board of Trustees as set forth in §I of this regulation, shall be applicable to the Teachers’ Pension System and Teachers’ Retirement System.

G. For mortality and disabled mortality table assumptions, the base table rates (with scaling) are projected from the year 2010 using the MP-2018 generational mortality projection scales and birth year based on age in 2023.

H. Upon request, the Retirement Agency shall make the option factors and annuity values established by the System’s actuary available to a participant.

 

I. Actuarial Assumptions.

Interest Rate

Pre-reform
COLA Rate

Post-reform
COLA Rate

Mortality

Disabled Mortality

Unisex Mix

Employee Option Factors and Annuity Values

5.85%

2.19%

1.42%

PubG-2010 Healthy Mortality (for General Employees), sex distinct, with rates scaled by 111% for males and 109% for females

PubG-2010 Disabled Mortality (for General Employees), sex distinct, with rates scaled by 134% for males and 99% for females

50% / 50% Male / Female

Judicial Option Factors and Annuity Values

5.85%

3.10%

3.10%

PubG-2010 Healthy Above Median Mortality (for General Employees), sex distinct, with rates scaled by 97% for males and 99% for females

PubG-2010 Healthy Above Median Mortality (for General Employees), sex distinct, with rates scaled by 97% for males and 99% for females

75% / 25% Male / Female

Legislator Option Factors and Annuity Values

5.85%

3.10%

3.10%

PubG-2010 Healthy Mortality (for General Employees), sex distinct, with rates scaled by 111% for males and 109% for females

PubG-2010 Disabled Mortality (for General Employees), sex distinct, with rates scaled by 134% for males and 99% for females

75% / 25% Male / Female

Public Safety Option Factors and Annuity Values

5.85%

2.60%

1.42%

PubS-2010 Healthy Mortality (for Safety Employees), sex distinct, with rates scaled by 108% for males and 103% for females

PubS-2010 Disabled Mortality (for Safety Employees), sex distinct, with rates scaled by 122% for males and 121% for females

85% / 15% Male / Female

Teacher Option Factors and Annuity Values

5.85%

2.19%

1.42%

PubT-2010 Healthy Mortality (for Teachers), sex distinct, with rates scaled by 105% for males and 110% for females

PubT-2010 Disabled Mortality (for Teachers), sex distinct, with rates scaled by 105% for males and 113% for females

25% / 75% Male / Female

 

.05 Determining a Member’s or Beneficiary’s Age.

A. (text unchanged)

B. If the effective date of retirement is 6 months or more [from] after the previous birth date of the member, former member, or designated beneficiary, the Retirement Agency shall increase the age of the member, former member, or designated beneficiary to the next full year.

C. For the recalculation of an allowance payable under State Personnel and Pensions Article, § 21-403(b), (c), (e), or (f), Annotated Code of Maryland (Options 2, 3, 5, or 6), to determine the applicable option factor, the Retirement Agency shall use:

(1) The option factors and annuity values described under Regulation [.02 or .03] .02, .03, or .04 of this chapter which are applicable to the retiree as of the effective date of retirement; and

(2) (text unchanged)

R. DEAN KENDERDINE
Executive Director

 

Title 26
DEPARTMENT OF THE ENVIRONMENT

Subtitle 17 WATER MANAGEMENT

26.17.04 Construction on Nontidal Waters and Floodplains

Authority: Environment Article, §§1-404 and 5-501—5-514 Annotated Code of Maryland

Notice of Proposed Action

[20-186-P]

The Department of the Environment proposes to adopt amendments to Regulation .05 under COMAR 26.17.04 Construction on Nontidal Waters and Floodplains.

Statement of Purpose

The purpose of this action is to amend COMAR 26.17.04.05 to authorize an entity designated by the Department of the Environment to approve certain small ponds in accordance with Environment Article, §§5-503, Annotated Code of Maryland, and to exempt from a dam safety permit small ponds in Use III watersheds approved by a local Soil Conservation District or the Department’s designee. This action will align the regulations with the statute found in Environment Article, §5-503(b)(1)(i) and (2), Annotated Code of Maryland. Amendments enacted by Ch. 63 (S.B. 100), Acts of 2018, allow the Department to exempt from obtaining a dam safety permit the construction, reconstruction, or repair of small low-hazard ponds approved by another State agency or local jurisdiction designated with approval authority by the Department. Prior to July 2018, the statute exempted a person from obtaining a dam safety permit for small low-hazard ponds if approved by the appropriate Soil Conservation District (SCD). Prior to July 2018, there was no provision in statute to allow this same exemption for small ponds approved by an entity other than the local SCD. A local SCD does not have plan approval jurisdiction over State and federal applicants, and there is no local SCD in Baltimore City. These changes exempt the construction, reconstruction, or repair of certain small low-hazard ponds approved by the local SCD or the Department’s designee from obtaining a dam safety permit.

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 Ms. Jennifer M. Smith, Water and Science Administration, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230, jenniferm.smith@maryland.gov or 410-537-3561. Comments will be accepted through December 21, 2020. A public hearing will be held upon request; and all interested persons are invited to attend the hearing and offer their views. Any hearing impaired persons may request an interpreter to be present at the hearings by giving 5 working days notice to Ms. Jennifer M. Smith.

.05 Dams and Reservoirs.

A. (text unchanged)

B. Structure Classification and Design Criteria.

(1)—(4) (text unchanged)

(5) Dams in Category IV. The designs, plans, and specifications for all dams classed in Category IV, and not approved by either the soil conservation district [and classed in Category IV] or the Administration’s designee, shall be reviewed by the Administration for technical compliance with the requirements in USDA, Natural Resource Conservation Service, Maryland Conservation Practice, Standard Pond Code 378 (January, 2000), which is incorporated by reference in COMAR 26.17.02.01-1B(2), and the Administration’s policies and procedures.

C.—F. (text unchanged)

G. Certain Small Ponds. [Except for those ponds which are to be located in natural trout waters or those which are temporary and which are intended solely to trap sediment during construction operations, certain] Certain small ponds may be exempt from the permit requirements cited here if the plans and specifications are approved by either the appropriate soil conservation district or the Administration’s designee. The following shall apply to the approval of all ponds pursuant to Environment Article, §5-503(b), Annotated Code of Maryland:

(1) The designs, plans, and specifications shall be reviewed for technical compliance with the requirements in USDA, Natural Resource Conservation Service, Maryland Conservation Practice, Standard Pond Code 378 (January, 2000), which is incorporated by reference in COMAR 26.17.02.01-1B(2), and the Administration’s policies and procedures.

(2) The soil conservation district, or the Administration’s designee, shall notify the Administration of all ponds approved pursuant to this section. The notification shall include a copy of the pond approval and a pond summary sheet. The notification shall be submitted to the Administration within 30 days of the end of each quarter (September 30, December 31, March 31, and June 30) in which the approval was granted.

(3) The soil conservation district, or the Administration’s designee, for all ponds approved pursuant to Environment Article, §5-503(b), Annotated Code of Maryland, shall submit a certification to the Administration within 90 days after the completion of construction. This certification shall state that the subject pond was constructed in conformance with the approved plans and specifications. A certification by a professional engineer, land surveyor, or landscape architect practicing in accordance with the laws of Maryland shall be acceptable to the Administration instead of a certification by the soil conservation district or the Administration’s designee.

BENJAMIN H. GRUMBLES
Secretary of the Environment

 

Title 33
STATE BOARD OF ELECTIONS

Subtitle 17 EARLY VOTING

33.17.06 Early Voting Activities

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-406, and
10-301.1, Annotated Code of Maryland

Notice of Proposed Action

[20-187-P]

The State Board of Elections proposes to amend Regulation .05 under COMAR 33.17.06 Early Voting Activities. This action was considered by the State Board of Elections at its October 8, 2020, meeting, notice of which was given in accordance with General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to remove the prohibition of receiving an absentee ballot at an early voting center. This provision is currently in conflict with COMAR 33.11.03.06E, which allows for the return of voted absentee ballots at early voting centers.

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 Tracey Hartman, Director of Special Projects, State Board of Elections, P.O. Box 6486, Annapolis, MD 21401, or call 410-269-2931, or email to traceye.hartman@maryland.gov, or fax to 410-974-2019. Comments will be accepted through December 21, 2020. A public hearing has not been scheduled.

.05 Ballots — In General.

A. Absentee Ballots. During early voting, a local board shall:

(1) (text unchanged)

(2) Ensure that absentee ballots are not issued [or received] at an early voting center.

B. (text unchanged)

LINDA H. LAMONE
State Administrator of Elections

 

 

Special Documents

 

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

Commission Meeting

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 
SUMMARY:  The Susquehanna River Basin Commission will conduct its regular business meeting on December 11, 2020, from Harrisburg, Pennsylvania. Details concerning the matters to be addressed at the business meeting are contained in the Supplementary Information section of this notice. Also the Commission published a document in the Federal Register on October 7, 2020, concerning its public hearing on November 5, 2020, in Harrisburg, Pennsylvania. 

 

DATES:  The meeting will be held on Friday, December 11, 2020, at 9 a.m.

 

ADDRESSES:  The meeting will be conducted telephonically from the Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA  17110.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: 717-238-0423; fax: 717-238-2436.

 

SUPPLEMENTARY INFORMATION:  The business meeting will include actions or presentations on the following items:  (1) adoption of a policy to incentivize the use of impaired waters; (2) adoption of an updated regulatory program fee schedule; (3) adoption of a general permit for groundwater remediation projects; (4) ratification/approval of contracts/grants; (5)  a report on delegated settlements; and (6) Regulatory Program projects.

This agenda is complete at the time of issuance, but other items may be added, and some stricken without further notice. The listing of an item on the agenda does not necessarily mean that the Commission will take final action on it at this meeting. When the Commission does take final action, notice of these actions will be published in the Federal Register after the meeting. Any actions specific to projects will also be provided in writing directly to project sponsors.

Due to the COVID-19 orders, the meeting will be conducted telephonically and there will be no physical public attendance. The public is invited to attend the Commission’s business meeting by telephone conference and may do so by dialing Conference Call # 1-888-387-8686, the Conference Room Code # 9179686050. Written comments pertaining to items on the agenda at the business meeting may be mailed to the Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania 17110-1788, or submitted electronically through www.srbc.net/about/meetings-events/business-meeting.html. Such comments are due to the Commission on or before December 9, 2020. Comments will not be accepted at the business meeting noticed herein.

 

AUTHORITY:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 806, 807, and 808.

 

DATED:  November 5, 2020

 

JASON E. OYLER
General Counsel and Secretary to the Commission

[20-24-14]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Grandfathering (GF) Registration Notice

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

 

DATES:  October 1-31, 2020.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary to the Commission, telephone: (717) 238-0423, ext. 1312; fax: (717) 238-2436; e-mail: joyler@srbc.net. Regular mail inquiries May be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists GF Registration for projects, described below, pursuant to 18 CFR 806, Subpart E for the time period specified above:

 

Grandfathering Registration Under 18 CFR part 806, Subpart E:

Danville Borough Municipal Authority – Public Water Supply System, GF Certificate No. GF-202010119, Danville Borough, Montour County, Pa.; Susquehanna River; Issue Date:  October 13, 2020.

Pennsylvania Department of Corrections – State Correctional Institute at Camp Hill, GF Certificate No. GF-202010120, Lower Allen Township, Cumberland County, Pa.; Cedar Run and consumptive use; Issue Date:  October 13, 2020.

Pennsylvania Department of Corrections – State Correctional Institute at Dallas, GF Certificate No. GF-202010121, Jackson Township, Luzerne County, Pa.; Well 1 and consumptive use; Issue Date:  October 13, 2020.

Joseph and Susan Tallman – Joseph and Susan Tallman Farm, GF Certificate No. GF‑202010122, Porter Township, Schuylkill County, Pa.; Wiconisco Creek; Issue Date:  October 13, 2020.

Port Royal Municipal Authority – Public Water Supply System, GF Certificate No. GF‑202010123, Turbett Township, Juniata County, Pa.; Wells 1, 3, 4, and 5; Issue Date:  October 15, 2020.

Pennsylvania Fish & Boat Commission – Huntsdale State Fish Hatchery, GF Certificate No. GF-202010124, Penn Township, Cumberland County, Pa.; Northline/Knaubs, McManus, and Springs 3, 4, 5, 6, 7, and 9; Issue Date:  October 15, 2020.

Centre Hall Borough – Centre Hall Borough Waterworks, GF Certificate No. GF‑202010125, Centre Hall Borough and Potter Township, Centre County, Pa.; Wells 8 and 9; Issue Date:  October 15, 2020.

Henry Reiner – Reiner Farms, GF Certificate No. GF-202010126, Upper Mahantongo Township, Schuylkill County, Pa.; Mahantongo Creek - Pivot and Mahantongo Creek - Reel; Issue Date:  October 15, 2020.

 

AUTHORITY:  Pub. L. 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

 

DATED:  November 5, 2020

JASON E. OYLER
General Counsel and Secretary to the Commission

[20-24-15]

 

DEPARTMENT OF NATURAL RESOURCES

FISHING AND BOATING SERVICES — PUBLIC NOTICE

Commercial Striped Bass Common Pool Hook and Line Fishery Modifications — Effective 11/3/2020

 

WHAT THIS NOTICE DOES

The Secretary of the Maryland Department of Natural Resources announces modifications to the commercial striped bass common pool hook and line fishery. Effective 12:01 a.m. Tuesday, November 3, 2020:

      The season is only open November 3, 2020.

      The catch limit is 200 lbs/permittee/day and 400 lbs/vessel/day.

      The catch times remain one hour before sunrise through one hour before sunset.

 

WHY THIS IS NECESSARY

This action is necessary to implement the Atlantic States Marine Fisheries Commission’s Interstate Fishery Management Plan for Atlantic Striped Bass.

 

WHOM THIS NOTICE AFFECTS

This applies to all individuals who are permitted to participate in the commercial striped bass common pool hook and line fishery in the Chesapeake Bay.

 

AUTHORITY

Code of Maryland Regulations (COMAR) 08.02.15.12

 

FOR FURTHER INFORMATION CONTACT:

Fishing and Boating Services at 410-260-8293

JEANNIE HADDAWAY-RICCIO
Secretary of Natural Resources

[20-24-11]

 

General Notices

 

Notice of ADA Compliance

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

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Hearing

Date and Time: December 8, 2020, 5 — 6:15 p.m.

Place: Via videoconference — please see details below.

Add’l. Info: Members of the public are invited to address the Commission with their concerns about sentencing policy issues in Maryland. Due to the COVID-19 pandemic, this year’s public comments hearing will be conducted via videoconference. To accommodate all who wish to participate in the meeting, the Commission requests that each speaker limit his or her comments to 5 minutes. All who are interested in speaking are asked to register via the link posted on the Commission website at http://msccsp.org/About/Meetings.aspx.

Instructions for participation in the videoconference will be provided upon registration approval.

All registered participants are asked to submit written testimony by December 5, 2020. Please submit written testimony to David Soulé, Executive Director of the Commission, at dsoule@umd.edu.

Registration is necessary only for those who wish to speak at the public hearing. Those who wish to simply observe may view the livestream via the MSCCSP YouTube channel at https://www.youtube.com/watch?v=msTb1c4ugi0.

Contact: David Soule (301) 403-4165

[20-24-05]

 

COMMISSION ON CRIMINAL SENTENCING POLICY

Subject: Public Meeting

Date and Time: December 8, 2020, 6:30 p.m.

Place: Via videoconference — please see details below.

Add’l. Info: Due to the ongoing COVID-19 pandemic, the MSCCSP will meet via videoconference. A livestream a link will be made available to the public at: http://msccsp.org/About/Meetings.aspx.

     This business meeting will start immediately after the conclusion of the MSCCSP public comments hearing and may start prior to 6:30 p.m. if the public hearing does not require the entire allotted time.

Contact: David Soule (301) 403-4165

[20-24-06]

 

MARYLAND STATE LOTTERY AND GAMING CONTROL COMMISSION

Subject: Public Meeting

Date and Time: December 17, 2020, 10 a.m. — 12 p.m.

Place: Via livestream link, https://www.mdgaming.com/commission/meeting-minutes-documents/

Add’l. Info: Due to COVID-19 the meeting will be conducted via live stream on the agency website

Contact: Kathy Lingo (410) 230-8790

[20-24-12]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Public Meeting

Date and Time: December 17, 2020, 1 — 4 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: This is a virtual meeting held via GoToMeeting. Please register at www.mhcc.Maryland.gov under Meeting Schedule.

Contact: Valerie Wooding (410) 764-3570

[20-24-04]

 

MARYLAND HEALTH CARE COMMISSION

Subject: Receipt of Application

Add’l. Info: On October 22, 2020 the Maryland Health Care Commission (MHCC) received a Certificate of Need application submitted by:

Hope Health System — Matter No. 20-15-2444

Establish a 16-bed psychiatric hospital specifically for children and adolescents. The facility will provide for four single-patient rooms to treat the child patient population and twelve single-patient rooms to treat the adolescent patient population. The inpatient facility would be established in a renovated portion of a building that HHS owns at 1726 Whitehead Road, Woodlawn, Baltimore County. The facility already includes an outpatient facility with a psychiatric partial hospitalization program (for children and adolescents younger than 18 years old). Proposed Cost: $4,500,000

The MHCC shall review the applications under Health-General Article, §19-101 et seq., Annotated Code of Maryland, and COMAR 10.24.01.

Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

Please refer to the Matter No. listed above in any correspondence on the application. A copy of the application is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.

All correspondence should be addressed to Paul Parker, Deputy Director, Center for Health Care Facilities Planning and Development, MHCC, 4160 Patterson Avenue, Baltimore, MD 21215.

Contact: Ruby Potter (410) 764-3276

[20-24-08]

 

STANDING ADVISORY COMMITTEE ON OPIOID ASSOCIATED DISEASE PREVENTION AND OUTREACH PROGRAMS (SYRINGE SERVICE PROGRAMS)

Subject: Public Meeting

Date and Time: December 4, 2020, 10 a.m. — 12 p.m.

Place: Virtual meeting — please see details below.

Add’l. Info: Attend virtually: meet.google.com/rcp-ixti-dfe;

Attend by phone: (US) +1 386-603-2345, PIN: 682 731 496#

Contact: Allison Thomson (443) 801-5747

[20-24-07]

 

RACING COMMISSION

Subject: Public Meeting

Date and Time: December 2, 2020, 12:30 — 1 p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-9682

[20-24-09]

 

MARYLAND DEPARTMENT OF TRANSPORTATION

Subject: Public Hearing

Date and Time: December 7, 2020, 10 a.m.

Place: Via teleconference — please see details below.

Add’l. Info: The Maryland Board of Airport Zoning Appeals (BAZA) will hold a hearing teleconference on Monday, December 7, 2020. The hearing will begin at 10 a.m. Public Call-In Number: +1 443-409-5228; Conference ID: 131 824 221#.

     The Board will hear the following case(s):

Docket Number 271 (Rehearing):

Ameri-Star Homes, Inc, under contract with property owners Joseph and Mary Holt, is proposing to develop five additional single-family homes on property that was previously subject to restrictions as a condition of a variance. In BAZA Case No. 271 in 1992, BAZA granted a variance with conditions allowing the subdivision and construction of five new residential dwellings in addition to one existing dwelling on a 15.57-acre property located at the intersection of Maple Avenue and Forest Avenue in Hanover, Maryland.

The subject property was located within the certified 1988 Airport Noise Zone (ANZ) Baltimore/Washington International Thurgood Marshall Airport (BWI Marshall), but the subject property is not located within the most recent certified ANZ for BWI Marshall (2014 ANZ). As the subject property is no longer located within an ANZ for BWI Marshall, the developer wishes to remove the development restrictions placed on the subject property so that the remaining lot can be subdivided and developed. Therefore, the Maryland Aviation Administration will present BAZA Case 271 to the Board of Airport Zoning Appeals via Teleconference Monday, December 7, 2020, at 10 a.m.

Appropriate auxiliary aids and services for qualified individuals with disabilities will be provided upon request. Please call 410-865-1233 (voice) or MD Relay (TTY Users).

Contact: Deborah Mahoney-Fowler (410) 865-1233

[20-24-10]

 

BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS

Subject: Public Meeting

Date and Time: December 17, 2020, 10 a.m. — 2 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

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

Contact: Dee Settar (410) 537-4162

[20-24-02]

 

BOARD OF WELL DRILLERS

Subject: Public Meeting

Date and Time: December 16, 2020, 9 a.m. — 1 p.m.

Place: Maryland Dept. of the Environment, 1800 Washington Blvd., Baltimore, MD

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

Contact: Dee Settar (410) 537-4162

[20-24-01]

 

WORKERS’ COMPENSATION COMMISSION

Subject: Public Meeting

Date and Time: December 17, 2020, 9:30 — 10:30 a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add’l. Info: Portions of this meeting may be held in closed session.

Contact: Amy S. Lackington (410) 864-5300

[20-24-03]