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Contents 1
IN THIS ISSUE
Judiciary
Regulations
Errata
General Notices
Volume 38 • Issue 27 • Pages 1753—1792
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 12, 2011, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of December 12, 2011.
Brian Morris Acting Administrator, Division of State Documents
Office of the Secretary of State
Issue Date: December 30, 2011
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
www.dsd.state.md.us/CumulativeIndex.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.
Martin O’Malley, Governor; John P. McDonough, Secretary of State;
Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary
D. MacDonald, 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 the product to another individual or entity.
Contents 1755
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
Closing Dates for the Maryland Register Schedule of Closing Dates and Issue Dates for the
Maryland Register .................................................................. 1757
COMAR Research Aids Table of Pending Proposals ......................................................... 1758
Index of COMAR Titles Affected in This Issue COMAR Title Number and Name Page
07 Department of Human Resources ..................................... 1763
08 Department of Natural Resources ......................... 1763, 1766
09 Department of Labor, Licensing, and Regulation . 1762, 1770
10 Department of Health and Mental Hygiene .......... 1763, 1771
11 Department of Transportation ......................................... 1764
12 Department of Public Safety and Correctional Services ... 1764
13A State Board of Education ................................................. 1765
14 Independent Agencies ..................................................... 1781
20 Public Service Commission .............................................. 1782
26 Department of the Environment ............................ 1762, 1783
33 State Board of Elections .................................................. 1765
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 Judiciary
COURT OF APPEALS OF MARYLAND
DISCIPLINARY PROCEEDINGS ................................. 1761
Emergency Action on Regulations
09 DEPARTMENT OF LABOR, LICENSING, AND
REGULATION RACING COMMISSION
General ......................................................................... 1762
26 DEPARTMENT OF THE ENVIRONMENT LEAD
Accreditation and Training for Lead Paint Abatement
Services ........................................................................ 1762
Reduction of Lead Risk in Housing ............................. 1762
Final Action on Regulations
07 DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES ADMINISTRARION
Post-Adoption Reunion Services ................................. 1763 08 DEPARTMENT OF NATURAL RESOURCES
FISHERIES SERVICE Oysters ......................................................................... 1763 Shellfish — General ..................................................... 1763 Oysters ......................................................................... 1763 Shellfish Aquaculture and Leasing .............................. 1763
10 DEPARTMENT OF HEALTH AND MENTAL
HYGIENE HEALTH STATISTICS
Vital Records ............................................................... 1763
MARYLAND HEALTH CARE COMMISSION Electronic Health Record Incentives ........................... 1764
TISSUE BANKS Tissue Banks ............................................................... 1764
11 DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE ADMINISTRATION — FINANCIAL
RESPONSIBILITY REQUIREMENTS Self-Insurers ................................................................ 1764
12 DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES DIVISION OF CORRECTION
Inmate Discipline ........................................................ 1764 13A STATE BOARD OF EDUCATION
LOCAL SCHOOL ADMINISTRATION General Financial Aid to Local School Systems ......... 1765
STUDENTS General Regulations .................................................... 1765 Student Records ........................................................... 1765
GENERAL INSTRUCTIONAL PROGRAMS Test Administration and Data-Reporting Policies and
Procedures ................................................................... 1765 STUDENTS
General Regulations .................................................... 1765 33 STATE BOARD OF ELECTIONS
CAMPAIGN FINANCING Campaign Finance Report ........................................... 1765 Electronic Filing of Reports ........................................ 1765 Electronic Signature Requirements ............................. 1765 Campaign Accounts..................................................... 1765 Independent Expenditure Requirements ...................... 1765 Electioneering Communication Requirements ............ 1765
Proposed Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE
Fishing Licenses — Point Assignment, License Revocation
and Suspension Schedule and Criteria, and Hearing
Procedure ..................................................................... 1766 09 DEPARTMENT OF LABOR, LICENSING, AND
REGULATION REAL ESTATE COMMISSION
Code of Ethics ............................................................. 1770 10 DEPARTMENT OF HEALTH AND MENTAL
HYGIENE MEDICAL CARE PROGRAMS
Family Planning Program Eligibility ........................... 1771 Family Planning Program ............................................ 1771
MARYLAND HEALTH CARE COMMISSION State Health Plan for Facilities and Services: Specialized
Health Care Services — Cardiac Surgery and Percutaneous
Coronary Intervention Services ................................... 1775 BOARD OF NURSING
Registered Nurse – Forensic Nurse Examiner ............. 1775 BOARD OF SOCIAL WORK EXAMINERS
Disciplinary Sanctions and Monetary Penalties ........... 1779 14 INDEPENDENT AGENCIES
WORKERS' COMPENSATION COMMISSION Procedural Regulations ................................................ 1781
20 PUBLIC SERVICE COMMISSION RENEWABLE ENERGY PORTFOLIO STANDARD
PROGRAM Certifiable Renewable Energy Facilities ..................... 1782
Contents 1756
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
26 DEPARTMENT OF THE ENVIRONMENT LEAD
Accreditation and Training for Lead Paint Abatement
Services........................................................................ 1783 Reduction of Lead Risk in Housing ............................. 1783 Procedures for Performing Lead Abatement Services . 1783
Errata
COMAR 08.04.09.01 ....................................................... 1786 COMAR 12.12.30 ............................................................ 1786
General Notices
BOARD OF ACUPUNCTURE Public Hearing on Regulations .................................... 1787
MARYLAND STATE ARTS COUNCIL Public Meeting ............................................................. 1787 Public Meeting ............................................................. 1787 Public Meeting ............................................................. 1787
CANAL PLACE PRESERVATION AND DEVELOPMENT
AUTHORITY Public Meeting ............................................................. 1787
ADVISORY COUNCIL ON CEMETERY OPERATIONS Public Meeting ............................................................. 1787
BOARD FOR THE CERTIFICATION OF RESIDENTIAL
CHILD CARE PROGRAM ADMINISTRATORS Public Meeting ............................................................. 1787
BOARD OF CHIROPRACTIC AND MASSAGE THERAPY
EXAMINERS Public Meeting ............................................................. 1787
COMPTROLLER OF THE TREASURY Announcement ............................................................. 1787
GOVERNOR'S OFFICE OF CRIME CONTROL AND
PREVENTION Public Meeting ............................................................. 1788 Public Meeting ............................................................. 1788 Public Meeting ............................................................. 1788
OFFICE OF PUBLIC DEFENDER Public Meeting ............................................................. 1788
BOARD OF DIETETIC PRACTICE Public Meeting ............................................................. 1788
MARYLAND STATE BOARD OF EDUCATION Public Meeting ............................................................. 1788
BOARD OF MASTER ELECTRICIANS Public Meeting ............................................................. 1788
BOARD FOR PROFESSIONAL ENGINEERS Public Meeting ............................................................. 1788
DEPARTMENT OF HEALTH AND MENTAL
HYGIENE/OFFICE OF HEALTH SERVICES Maryland Medicaid Rate Reduction ............................ 1788 Payment procedure for Freestanding Birth Centers ..... 1788
Payment procedure change for Family Planning
Clinics ....................................................................... 1789 Maryland Qualified Health Center Provider Type
Discontinued ................................................................ 1789 Payment procedure change for Local Health
Departments ................................................................. 1789 BOARD OF HEATING, VENTILATION, AIR-
CONDITIONING, AND REFRIGERATION
CONTRACTORS (HVACR) Public Meeting ............................................................. 1789
HOME IMPROVEMENT COMMISSION Public Meeting ............................................................. 1789
DEPARTMENT OF LABOR, LICENSING, AND
REGULATION/DIVISION OF LABOR AND
INDUSTRY/MARYLAND APPRENTICESHIP AND
TRAINING COUNCIL Public Meeting ............................................................ 1789
BOARD FOR PROFESSIONAL LAND SURVEYORS Public Meeting ............................................................ 1789
BOARD OF EXAMINERS OF LANDSCAPE
ARCHITECTS Public Meeting ............................................................ 1789
MARYLAND HEALTH CARE COMMISSION Public Meeting ............................................................ 1790
MARYLAND PUBLIC BROADCASTING COMMISSION Public Meeting ............................................................ 1790
GOVERNOR'S COMMISSION ON MARYLAND
MILITARY MONUMENTS Public Meeting ............................................................ 1790
BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting ............................................................ 1790
BOARD OF EXAMINERS IN OPTOMETRY Public Meeting ............................................................ 1790
BOARD OF PILOTS Public Meeting ............................................................ 1790
BOARD OF PLUMBING Public Meeting ............................................................ 1790
BOARD OF EXAMINERS OF PSYCHOLOGISTS Public Meeting ............................................................ 1790
STATE ADVISORY COUNCIL ON QUALITY CARE AT
THE END OF LIFE Public Meeting ............................................................ 1790
RACING COMMISSION Public Meeting ............................................................ 1790
RETIREMENT AND PENSION SYSTEM — BOARD OF
TRUSTEES Public Meeting ............................................................ 1790
BOARD OF SOCIAL WORK EXAMINERS Public Hearing ............................................................. 1790
STATE BOARD OF INDIVIDUAL TAX PREPARERS Public Meeting ............................................................ 1791
MARYLAND TRANSPORTATION AUTHORITY Public Meeting ............................................................ 1791
DEPARTMENT OF VETERANS AFFAIRS/MARYLAND
VETERANS COMMISSION Public Meeting ............................................................ 1791
BOARD OF WELL DRILLERS Public Meeting ............................................................ 1791
WORKERS' COMPENSATION COMMISSION Public Meeting ............................................................ 1791
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.sos.state.md.us,
Division of State Documents, or call us at (410) 974-2486
or 1 (800) 633-9657.
Contents 1757
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
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 27, 2012
Issue
Date
Emergency
and Proposed
Regulations
5:00 p.m.*
Final
Regulations
10:30 a.m.
Notices, etc.
10:30 a.m.
January 13** December 23 January 4 December 30
January 27** January 9 January 18 January 13
February 10 January 23 February 1 January 30
February
24** February 6 February 14 February 13
March 9** February 17 February 29 February 27
March 23 March 5 March 14 March 12
April 6 March 19 March 28 March 26
April 20 April 2 April 11 April 9
May 4 April 16 April 25 April 23
May 18 April 30 May 9 May 7
June 1** May 14 May 21 May 18
June 15** May 24 June 6 June 4
June 29 June 11 June 20 June 18
July 13** June 25 July 3 July 2
July 27 July 9 July 18 July 16
* Due date for documents containing 8 to 18 pages — 48 hours
before date shown
** Due date for documents exceeding 18 pages — 1 week before
date shown
NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN
TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED
FORMAT. THE REVISED PAGE COUNT REFLECTS THIS
FORMATTING.
** Note closing date changes
The regular closing date for Proposals and Emergencies is
Monday.
1758
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
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.
03 COMPTROLLER OF THE TREASURY
03.06.01.43 • 38:23 Md. R. 1425 (11-4-11)
03.06.01.44 • 38:13 Md. R. 758 (6-17-11)
05 DEPARTMENT OF HOUSING AND COMMUNITY
DEVELOPMENT
05.11.01.03,.08 • 38:26 Md. R. 1699 (12-16-11)
05.17.01.01—.13 • 38:21 Md. R. 1282 (10-7-11)
05.17.02.01—.07 • 38:21 Md. R. 1282 (10-7-11)
07 DEPARTMENT OF HUMAN RESOURCES
07.02.07.04—.07,.09,.14,.19—.21 • 38:25 Md. R. 1585 (12-
2-11)
07.02.10.01—.21 • 38:26 Md. R. 1700 (12-16-11)
07.02.11.02—.08,.11—.13,.15—.17,.25,.29,.30,.39 • 38:25
Md. R. 1587 (12-2-11)
07.02.25.01,.02,.04—.10,.12—.24 • 38:26 Md. R. 1706 (12-
16-11)
07.02.29.01—.14 • 38:25 Md. R. 1593 (12-2-11)
08 DEPARTMENT OF NATURAL RESOURCES
08.02.04.17 • 38:22 Md. R. 1349 (10-21-11)
08.02.08.02 • 38:23 Md. R. 1426 (11-4-11)
08.02.11.01 • 38:25 Md. R. 1598 (12-2-11)
08.02.13.02,.03,.05—.08 • 38:27 Md. R. 1766 (12-30-11)
08.02.19.02 • 38:25 Md. R. 1599 (12-2-11)
08.18.02.07 • 38:25 Md. R. 1599 (12-2-11)
08.18.21.03 • 38:25 Md. R. 1600 (12-2-11)
08.18.39.01 • 38:25 Md. R. 1600 (12-2-11)
09 DEPARTMENT OF LABOR, LICENSING, AND
REGULATION
09.03.12.01—12 • 38:21 Md. R. 1289 (10-7-11)
09.08.06.01,.02 • 38:26 Md. R. 1717 (12-16-11)
09.10.03.01,.04,.08 • 38:25 Md. R. 1600 (12-2-11)
09.10.04.25 • 38:25 Md. R. 1601 (12-2-11)
09.11.02.01,.02 • 38:27 Md. R. 1770 (12-30-11)
09.12.28.01—.07 •38:14 Md. R. 794 (7-1-11) (ibr)
09.12.31 • 38:25 Md. R. 1602 (12-2-11)
09.13.08.02—.15 • 38:26 Md. R. 1719 (12-16-11)
09.16.01.05,.06 • 38:15 Md. R. 901 (7-15-11)
09.20.04.01,.02 • 37:4 Md. R. 346 (2-12-10)
38:3 Md. R. 176 (1-28-11)
09.22.01.10,.11 • 38:15 Md. R. 901 (7-15-11)
09.23.04.03 • 38:21 Md. R. 1294 (10-7-11)
09.38.01.01,.02,.05 • 38:25 Md. R. 1603 (12-2-11)
09.38.02.01—.05 • 38:25 Md. R. 1605 (12-2-11)
10 DEPARTMENT OF HEALTH AND MENTAL
HYGIENE
Subtitles 01 — 08 (1st Volume)
10.01.04.01—.11 • 38:3 Md. R. 180 (1-28-11)
38:14 Md. R. 800 (7-1-11)
10.01.21.01—.07 • 38:20 Md. R. 1213 (9-23-11)
Subtitle 09 (2nd Volume)
10.09.04.01,.03 • 38:9 Md. R. 555 (4-22-11)
10.09.08.04 • 38:26 Md. R. 1722 (12-16-11)
PENDING PROPOSALS
1759
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
10.09.08.06—13 • 38:26 Md. R. 1723 (12-16-11)
10.09.12.03 • 38:25 Md. R. 1607 (12-2-11)
10.09.18.03 • 38:25 Md. R. 1607 (12-2-11)
10.09.24.13 • 38:3 Md. R. 180 (1-28-11)
38:14 Md. R. 800 (7-1-11)
10.09.37.01—.15 • 38:27 Md. R. 1771 (12-30-11)
10.09.58.01,.02,.04—.06,.10 • 38:27 Md. R. 1771
(12-30-11)
10.09.63.06 • 38:22 Md. R. 1354 (10-21-11)
10.09.65.02 • 38:22 Md. R. 1357 (10-21-11)
10.09.65.03,.13,.17,.18,.28 •38:22 Md. R. 1354 (10-21-11)
10.09.66.05,.06,.07 • 38:22 Md. R. 1354 (10-21-11)
10.09.67.04,.28 • 38:22 Md. R. 1354 (10-21-11)
Subtitles 10 — 22 (3rd Volume)
10.10.11.02—.05,.07—.16,.19,.23 • 38:23 Md. R. 1430 (11-
4-11) (ibr)
10.15.03.02,.14,.23,.27,.28,.33 • 38:23 Md. R. 1433 (11-4-
11)
10.15.04.02,.04,.05,.07—.09,.14,.16,.17,.19,.20,.22 • 38:26
Md. R. 1723 (12-16-11)
10.15.12.01—.03 • 38:26 Md. R. 1725 (12-16-11)
Subtitles 23 — 36 (4th Volume)
10.24.17.01 • 38:27 Md. R. 1775 (12-30-11) (ibr)
10.26.02.05 • 38:25 Md. R. 1608 (12-2-11)
10.26.04.01,.02,.10—.14 • 38:25 Md. R. 1609 (12-2-11)
10.27.21.01—.09 • 38:27 Md. R. 1775 (12-30-11)
10.32.06.01,.04 • 38:26 Md. R. 1726 (12-16-11)
10.32.08.01—.11 • 38:22 Md. R. 1360 (10-21-11)
10.33.01.12,.15—.17,.17-1,.18—.29 • 38:24 Md. R. 1505
(11-18-11)
10.34.23.07,.08 • 38:26 Md. R. 1726 (12-16-11)
10.34.25.01—.03 • 38:22 Md. R. 1365 (10-21-11)
10.34.28.01,.02,.04—.14 • 38:25 Md. R. 1611 (12-2-11)
10.34.32.03 • 38:23 Md. R. 1435 (11-4-11)
10.36.08.01—.06 • 38:24 Md. R. 1513 (11-18-11)
Subtitles 37—59 (5th Volume)
10.38.10 • 38:25 Md. R. 1671 (12-2-11) (err)
10.38.10.01—.07 • 38:23 Md. R. 1436 (11-4-11)
10.42.09.01—.06 • 38:27 Md. R. 1779 (12-30-11)
10.44.06.02 • 38:25 Md. R. 1615 (12-2-11)
10.44.07.02,.05—.34 • 38:26 Md. R. 1727 (12-16-11)
10.44.30.01—.05 •38:14 Md. R. 812 (7-1-11)
10.44.31.01—.06 • 38:22 Md. R. 1367 (10-21-11)
10.54.01.03,.04,.07 • 38:24 Md. R. 1515 (11-18-11)
10.54.02.09,.10,.14 • 38:24 Md. R. 1515 (11-18-11)
11 DEPARTMENT OF TRANSPORTATION
11.14.01.01,.03,.04,.06,.07,.10,.11,.14—.16 • 38:23 Md. R.
1440 (11-4-11)
11.14.02.01,.06,.12,.14,.17 • 38:23 Md. R. 1440 (11-4-11)
11.14.04.14,.16,.19 • 38:23 Md. R. 1440 (11-4-11)
11.21.01.01—.03 • 38:23 Md. R. 1458 (11-4-11)
12 DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES
12.04.01.04—.12,.14—.21 • 38:21 Md. R. 1297 (10-7-11)
12.04.02.01—.03,.11—13 • 38:21 Md. R. 1297 (10-7-11)
12.04.05.01,.06 • 38:21 Md. R. 1297 (10-7-11)
12.04.06.01—.18 • 38:21 Md. R. 1297 (10-7-11)
12.10.01.04—.06,.08,.09,.14—.17,.19—.27 • 38:15 Md. R.
904 (7-15-11)
38:26 Md. R. 1730 (12-16-11)
12.10.04.01—.31 • 38:15 Md. R. 904 (7-15-11)
12.10.05.01 • 38:15 Md. R. 904 (7-15-11)
12.10.06.01—.16 • 38:15 Md. R. 904 (7-15-11)
12.12.30.02—.09,.12,.13,.15—27,.30—.37,.39 • 38:24 Md.
R. 1518 (11-18-11)
13A STATE BOARD OF EDUCATION
13A.04.07.01—.06 • 38:26 Md. R. 1732 (12-16-11)
13A.05.09.02 • 38:23 Md. R. 1459 (11-4-11)
13A.12.01.03 • 38:26 Md. R. 1733 (12-16-11)
13A.12.02.27 • 38:14 Md. R. 815 (7-1-11)
38:26 Md. R. 1734 (12-16-11)
13A.12.05.02,.03 • 38:26 Md. R. 1733 (12-16-11)
13A.16.01.02 • 38:24 Md. R. 1540 (11-18-11)
13A.16.02.01 • 38:24 Md. R. 1540 (11-18-11)
13A.16.07.06 • 38:24 Md. R. 1540 (11-18-11)
13A.16.18.01,.02 • 38:24 Md. R. 1540 (11-18-11)
13A.18.01.01,.02 • 38:25 Md. R. 1616 (12-2-11)
13A.18.02.01—.08 • 38:25 Md. R. 1616 (12-2-11)
13A.18.03.01—.08 • 38:25 Md. R. 1616 (12-2-11)
13A.18.04.01—.04 • 38:25 Md. R. 1616 (12-2-11)
13A.18.05.01—.13 • 38:25 Md. R. 1616 (12-2-11)
13A.18.06.01—.10 • 38:25 Md. R. 1616 (12-2-11)
13A.18.07.01—.06 • 38:25 Md. R. 1616 (12-2-11)
13A.18.08.01—.08 • 38:25 Md. R. 1616 (12-2-11)
13A.18.09.01—.06 • 38:25 Md. R. 1616 (12-2-11)
13A.18.10.01—.06 • 38:25 Md. R. 1616 (12-2-11)
13A.18.11.01—.06 • 38:25 Md. R. 1616 (12-2-11)
13A.18.12.01—.06 • 38:25 Md. R. 1616 (12-2-11)
13A.18.13.01—.10 • 38:25 Md. R. 1616 (12-2-11)
13A.18.14.01—.09 • 38:25 Md. R. 1616 (12-2-11)
13A.18.15.01—.08 • 38:25 Md. R. 1616 (12-2-11)
13A.18.16.01—.04 • 38:25 Md. R. 1616 (12-2-11)
14 INDEPENDENT AGENCIES
14.01.11.04 • 38:23 Md. R. 1459 (11-4-11)
14.01.11.08 • 38:23 Md. R. 1460 (11-4-11)
14.01.14.47 • 38:23 Md. R. 1460 (11-4-11)
14.01.16.03,.04,.08,.09,.11 • 38:23 Md. R. 1460 (11-4-11)
14.01.18.03 • 38:23 Md. R. 1459 (11-4-11)
14.09.01.06,.06-1 • 38:27 Md. R. 1781 (12-30-11)
14.09.03.01,.04,.09 • 38:23 Md. R. 1462 (11-4-11)
14.09.03.03 • 38:26 Md. R. 1735 (12-16-11)
PENDING PROPOSALS
1760
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
14.22.02.02 • 38:26 Md. R. 1735 (12-16-11)
14.34.01.01—.03 • 38:24 Md. R. 1541 (11-18-11)
14.34.02.01—.03 • 38:24 Md. R. 1541 (11-18-11)
20 PUBLIC SERVICE COMMISSION
20.50.01.03,.05 • 38:5 Md. R. 332 (2-25-11)
38:22 Md. R. 1377 (10-21-11)
20.50.10.05 • 38:5 Md. R. 332 (2-25-11)
38:22 Md. R. 1377 (10-21-11)
20.61.02.01 • 38:27 Md. R. 1782 (12-30-11)
20.90.02.19 • 38:20 Md. R. 1245 (9-23-11)
20.90.03.17 • 38:20 Md. R. 1245 (9-23-11)
21 STATE PROCUREMENT REGULATIONS
21.01.03.03,.08 • 38:26 Md. R. 1737 (12-16-11)
21.05.08.10 • 38:26 Md. R. 1737 (12-16-11)
21.07.01.26 • 38:26 Md. R. 1737 (12-16-11)
21.07.03.26 • 38:26 Md. R. 1737 (12-16-11)
21.11.07.01,.09,.10,.11 • 38:26 Md. R. 1737 (12-16-11)
21.11.07.01,.12 • 38:26 Md. R. 1739 (12-16-11)
21.11.12.01—.09 • 38:20 Md. R. 1249 (9-23-11)
21.13.01.14 • 38:26 Md. R. 1737 (12-16-11)
24 DEPARTMENT OF BUSINESS AND ECONOMIC
DEVELOPMENT
24.05.25.04 • 38:25 Md. R. 1644 (12-2-11)
26 DEPARTMENT OF THE ENVIRONMENT
Subtitles 13—18 (Part 3)
26.11.01.01 • 38:25 Md. R. 1645 (12-2-11)
38:25 Md. R. 1647 (12-2-11)
26.11.01.04 • 38:25 Md. R. 1648 (12-2-11)
26.11.02.01 • 38:25 Md. R. 1645 (12-2-11)
26.11.06.12 • 38:25 Md. R. 1647 (12-2-11)
26.11.06.14 • 38:25 Md. R. 1645 (12-2-11)
26.11.08.01,.02,.08-1,.08-2 • 38:25 Md. R. 1651 (12-2-11)
26.11.19.02 • 38:25 Md. R. 1648 (12-2-11)
26.11.19.23 • 38:25 Md. R. 1659 (12-2-11)
26.16.01.02,.03,.11 • 38:27 Md. R. 1783 (12-30-11)
26.16.02.03,.07 • 38:27 Md. R. 1783 (12-30-11)
26.16.05.08 • 38:27 Md. R. 1783 (12-30-11)
26.17.01.01 • 37:19 Md. R. 1329 (9-10-10) (err)
26.17.01.01—.11 • 37:18 Md. R. 1244 (8-27-10) (ibr)
38:18 Md. R. 1101 (8-26-11) (ibr)
27 CRITICAL AREA COMMISSION FOR THE
CHESAPEAKE AND ATLANTIC COASTAL BAYS
27.01.01.01 • 38:26 Md. R. 1740 (12-16-11)
27.01.09.01—.01-8 • 38:26 Md. R. 1740 (12-16-11)
29 MARYLAND STATE POLICE
29.02.01.01,.02,.11,.14 • 38:23 Md. R. 1465 (11-4-11)
29.06.04.03—.07 • 38:21 Md. R. 1310 (10-7-11)
31 MARYLAND INSURANCE ADMINISTRATION
31.03.06.01-1—.03,.05,.06,.10,.11 • 38:25 Md. R. 1667 (12-
2-11)
31.10.01.01—.03 • 38:24 Md. R. 1548 (11-18-11)
31.12.08.04 • 38:17 Md. R. 1039 (8-12-11)
33 STATE BOARD OF ELECTIONS
33.01.01.01 • 38:23 Md. R. 1468 (11-4-11)
33.07.07.01—.04 • 38:23 Md. R. 1468 (11-4-11)
33.07.08.01,.03 • 38:23 Md. R. 1468 (11-4-11)
33.07.09.01—.06 • 38:23 Md. R. 1468 (11-4-11)
33.11.03.08 • 38:23 Md. R. 1470 (11-4-11)
33.11.04.03 • 38:23 Md. R. 1470 (11-4-11)
33.13.06.03,.05 • 38:23 Md. R. 1471 (11-4-11)
33.13.10.01,.02 • 38:23 Md. R. 1471 (11-4-11)
33.13.11.01—.04 • 38:26 Md. R. 1746 (12-16-11)
33.17.06.08—.11 • 38:23 Md. R. 1468 (11-4-11)
34 DEPARTMENT OF PLANNING
34.04.09.08 • 38:25 Md. R. 1669 (12-2-11)
1761
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
The Judiciary
COURT OF APPEALS OF
MARYLAND
DISCIPLINARY PROCEEDINGS This is to certify that by an Order of this Court dated December
15, 2011, JOHN K. REIFF, 3604 Eastern Avenue, Suite 300,
Baltimore, Maryland 21224, has been disbarred by consent from
the further practice of law in this State and his name as an attorney
at law has been stricken from the register of attorneys in this Court
(Maryland Rule 16-713).
* * * * * * * * * *
This is to certify that by an Order of this Court dated December
15, 2011, ANTHONY JOSEPH DELAURENTIS, 3604 Eastern
Avenue, Suite 300, Baltimore, Maryland 21224, has been disbarred
by consent from the further practice of law in this State and his
name as an attorney at law has been stricken from the register of
attorneys in this Court (Maryland Rule 16-713).
* * * * * * * * * *
This is to certify that by an Order of this Court dated December
16, 2011, ROBERT SCOTT ABRAMSON, 7220 Brook Falls
Terrace, Baltimore, Maryland 21209, has been disbarred by
consent from the further practice of law in this State and his name
as an attorney at law has been stricken from the register of
attorneys in this Court (Maryland Rule 16-713).
* * * * * * * * * *
This is to certify that by an Order of this Court dated December
16, 2011, WILLIAM ORR SMITH, 11715 Triple Notch Terrace,
Richmond, Virginia 23233, has been disbarred by consent from the
further practice of law in this State and his name as an attorney at
law has been stricken from the register of attorneys in this Court
(Maryland Rule 16-713).
[11-27-48
1762
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
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 09
DEPARTMENT OF LABOR,
LICENSING, AND
REGULATION
Subtitle 10 RACING COMMISSION
09.10.04 General
Authority: Business Regulation Article, §11-210; State Government Article, §9-1A-29; Annotated Code of Maryland
Notice of Emergency Action
[11-339-E]
The Joint Committee on Administrative, Executive, and
Legislative Review has granted emergency status to new
Regulation .25 under COMAR 09.10.04 General.
Emergency status began: December 2, 2011.
Emergency status expires: May 29, 2012.
Editor’s Note: The text of this document will not be printed here
because it appeared as a Notice of Proposed Action in 38:25 Md.
R. 1601—1602 (December 2, 2011), referenced as [11-339-P].
J. MICHAEL HOPKINS
Executive Director
Maryland Racing Commission
Title 26
DEPARTMENT OF THE
ENVIRONMENT
Subtitle 16 LEAD
Notice of Emergency Action
[11-380-E]
The Joint Committee on Administrative, Executive, and
Legislative Review has granted emergency status to
(1) Amendments to Regulations .02, .03, and .11 under
COMAR 26.16.01 Accreditation and Training for Lead Paint
Abatement Services;
(2) Amendments to Regulations .03 and .07 under COMAR
26.16.02 Reduction of Lead Risk in Housing; and
(3) Amendments to Regulation .08 under COMAR 26.16.05
Procedures for Performing Lead Abatement Services.
Emergency status began: January 1, 2012.
Emergency status expires: June 29, 2012.
Editor’s Note: The text of this document will not be printed
here because it appears as a Notice of Proposed Action on pages
1783—1785 of this issue, referenced as [11-380-P].
ROBERT M. SUMMERS
Secretary of the Environment
1763
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
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 07
DEPARTMENT OF HUMAN
RESOURCES
Subtitle 02 SOCIAL SERVICES
ADMINISTRATION
07.02.13 Post-Adoption Reunion Services
Authority: Ch. 326, Acts of 2011
Notice of Final Action
[11-291-F]
On December 12, 2011, the Secretary of Human Resources
adopted amendments to Regulations .01, .02, and .04 under
COMAR 07.02.13 Post-Adoption Reunion Services. This action,
which was proposed for adoption in 38:22 Md. R. 1348—1349
(October 21, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
THEODORE DALLAS
Secretary of Human Resources
Title 08
DEPARTMENT OF
NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
Notice of Final Action
[11-321-F]
On December 20, 2011, the Secretary of Natural Resources
adopted amendments to:
(1) Regulations .03, .04, .06, and .16 under COMAR
08.02.04 Oysters; and
(2) Regulation .02 under COMAR 08.02.08 Shellfish —
General.
This action, which was proposed for adoption in 38:23 Md. R.
1426—1428 (November 4, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
JOHN R. GRIFFIN
Secretary of Natural Resources
Subtitle 02 FISHERIES SERVICE
08.02.04 Oysters
Authority: Natural Resources Article, §§4-215 and 4-11A-12, Annotated
Code of Maryland
Notice of Final Action
[11-196-F]
On December 20, 2011, the Secretary of Natural Resources
adopted amendments to Regulation .15 under COMAR 08.02.04
Oysters. This action, which was proposed for adoption in 38:16
Md. R. 950—951 (July 29, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
JOHN R. GRIFFIN
Secretary of Natural Resources
Subtitle 02 FISHERIES SERVICE
08.02.23 Shellfish Aquaculture and Leasing
Authority: Natural Resources Article, §§4-215, 4-11A-12, and 4-11A-19,
Annotated Code of Maryland
Notice of Final Action
[11-322-F]
On December 20, 2011, the Secretary of Natural Resources
adopted amendments to Regulations .02 — .04 and .07 under
COMAR 08.02.23 Shellfish Aquaculture and Leasing. This
action, which was proposed for adoption in 38:23 Md. R. 1429—
1430 (November 4, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
JOHN R. GRIFFIN
Secretary of Natural Resources
Title 10
DEPARTMENT OF HEALTH
AND MENTAL HYGIENE
Subtitle 03 HEALTH STATISTICS
10.03.01 Vital Records
Authority: Health-General Article, §§4-203, 4-207, 4-211, and 4-217,
Annotated Code of Maryland
Notice of Final Action
[11-295-F]
On December 16, 2011, the Secretary of Health and Mental
Hygiene adopted new Regulation .02, amendments to and the
recodification of existing Regulations .02—.04, .07, .07-1, .09, and
.14 to be Regulations .03—.05, .08, .09, .11, and .15, respectively,
FINAL ACTION ON REGULATIONS
1764
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
and the recodification of existing Regulations .05, .06, .08, .10, .12,
and .13 to be Regulations .06, .07, .10, .12, .13, and .14,
respectively, under COMAR 10.03.01 Vital Records. This action,
which was proposed for adoption in 38:22 Md. R. 1352—1354
(October 21, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
JOSHUA M. SHARFSTIEN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 25 MARYLAND HEALTH
CARE COMMISSION
10.25.16 Electronic Health Record Incentives
Authority: Health–General Article, §§19-103(c)(2)(i) and (ii), 19-109(a)(1),
and 19–143(d)(1), (2), (3), and (4) and (i), Annotated Code of Maryland
Notice of Final Action
[11-292-F]
On December 15, 2011, the Maryland Health Care Commission
adopted amendments to Regulations .01— .07 under COMAR
10.25.16 Electronic Health Record Incentives. This action was
considered by the Commission at an open meeting held on
December 15, 2011, notice of which was given through publication
in the Maryland Register pursuant to State Government Article,
§10-506(c), Annotated Code of Maryland. This action, which was
proposed for adoption in 38:22 Md. R. 1357—1360 (October 21,
2011), has been adopted as proposed.
Effective Date: January 9, 2012.
MARILYN MOON, Ph.D.
Chair
Maryland Health Care Commission
Subtitle 50 TISSUE BANKS
10.50.01 Tissue Banks
Authority: Health-General Article, §§17-302 and 17-303,
Annotated Code of Maryland
Notice of Final Action
[11-298-F]
On December 9, 2011, the Secretary of Health and Mental
Hygiene adopted amendments to Regulation .10 under COMAR
10.50.01 Tissue Banks. This action, which was proposed for
adoption in 38:22 Md. R. 1373 (October 21, 2011), has been
adopted as proposed.
Effective Date: January 9, 2012.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Title 11
DEPARTMENT OF
TRANSPORTATION
Subtitle 18 MOTOR VEHICLE
ADMINISTRATION — FINANCIAL
RESPONSIBILITY REQUIREMENTS
11.18.02 Self-Insurers
Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland
Notice of Final Action
[11-299-F]
On December 6, 2011, the Administrator of the Motor Vehicle
Administration adopted amendments to Regulation .01 and new
Regulation .08 under COMAR 11.18.02 Self-Insurers. This
action, which was proposed for adoption in 38:22 Md. R. 1374
(October 21, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
JOHN T. KUO
Administrator
Motor Vehicle Administration
Title 12
DEPARTMENT OF PUBLIC
SAFETY AND
CORRECTIONAL
SERVICES
Subtitle 02 DIVISION OF
CORRECTION
12.02.27 Inmate Discipline
Authority: Correctional Services Article, §3-205, Annotated Code of Maryland
Notice of Final Action
[11-245-F]
On December 13, 2011, the Secretary of Public Safety and
Correctional Services, in cooperation with the Commissioner of
Correction, adopted the repeal of existing Regulations .02, .04, .09,
.13, .16, .18, .19, .26, and .31, new Regulations .02, .04, .09, .13,
.16, .18, .19, .26, and .31, and amendments to Regulations .03, .05,
.07, .08, 12, .15, .17, .20—.25, .27, .30, .32—.37, and .39 under
COMAR 12.02.27 Inmate Discipline. This action, which was
proposed for adoption in 38:20 Md. R. 1222 — 1243 (September
23, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
GARY D. MAYNARD
Secretary of Public Safety and Correctional Services
FINAL ACTION ON REGULATIONS
1765
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
Title 13A
STATE BOARD OF
EDUCATION Notice of Final Action
[11-273-F-I]
On December 6, 2011, the Maryland State Board of Education
adopted amendments to:
(1) Regulation .02 under COMAR 13A.02.06 General
Financial Aid to Local School Systems;
(2) Regulation .01 under COMAR 13A.08.01 General
Regulations; and
(3) Regulation .01 under COMAR 13A.08.02 Student
Records.
This action, which was proposed for adoption in 38:20 Md. R.
1244 (September 23, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
BERNARD J. SADUSKY, Ed.D.
Interim State Superintendent of Schools
Subtitle 03 GENERAL
INSTRUCTIONAL PROGRAMS
13A.03.04 Test Administration and Data-
Reporting Policies and Procedures
Authority: Education Article, §2-205, Annotated Code of Maryland
Notice of Final Action
[11-296-F]
On December 6, 2011, the Maryland State Board of Education
adopted amendments to Regulation .07 under COMAR 13A.03.04
Test Administration and Data-Reporting Policies and
Procedures. This action, which was proposed for adoption in
38:22 Md. R. 1374—1375 (October 21, 2011), has been adopted as
proposed.
Effective Date: January 9, 2012.
BERNARD J. SADUSKY, Ed.D.
Interim State Superintendent of Schools
Subtitle 08 STUDENTS
13A.08.01 General Regulations
Authority: Education Article, §§2-205 and 7-303, Annotated Code of Maryland
Notice of Final Action
[11-304-F]
On December 6, 2011, the Maryland State Board of Education
adopted amendments to Regulation .17 under COMAR 13A.08.01
General Regulations. This action, which was proposed for
adoption in 38:22 Md. R. 1375—1377 (October 21, 2011), has
been adopted as proposed.
Effective Date: January 9, 2012.
BERNARD J. SADUSKY, Ed.D.
Interim State Superintendent of Schools
Title 33
STATE BOARD OF
ELECTIONS
Subtitle 13 CAMPAIGN FINANCING
Notice of Final Action
[11-288-F]
On December 19, 2011, the State Board of Elections adopted:
(1) Amendments to Regulation .02 under COMAR 33.13.02
Campaign Finance Report;
(2) Amendments to Regulation .02 under COMAR 33.13.03
Electronic Filing of Reports;
(3) Amendments to Regulations .01 and .02 under COMAR
33.13.05 Electronic Signature Requirements;
(4) Amendments to Regulations .03 — .05 under COMAR
33.13.06 Campaign Accounts;
(5) New Regulations .01 — .05 under a new chapter,
COMAR 33.13.08 Independent Expenditure Requirements;
and
(6) New Regulations .01 — .05 under a new chapter,
COMAR 33.13.09 Electioneering Communication
Requirements.
This action, which was proposed for adoption in 38:21 Md. R.
1313—1316 (October 7, 2011), has been adopted as proposed.
Effective Date: January 9, 2012.
LINDA H. LAMONE
State Administrator of Elections
1766
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL
RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.13 Fishing Licenses — Point Assignment,
License Revocation and Suspension Schedule
and Criteria, and Hearing Procedure
Authority: Natural Resources Article, §§4-220 and 4-701, Annotated Code of
Maryland
Notice of Proposed Action
[11-383-P]
The Secretary of Natural Resources proposes to amend
Regulations .02, .03, and .05 — .08 under COMAR 08.02.13
Fishing Licenses — Point Assignment, License Revocation and
Suspension Schedule and Criteria, and Hearing Procedure.
Statement of Purpose
The purpose of this action is to make needed changes to the
commercial, charter, and recreational penalty systems and to the
contested case hearing process.
This action will consolidate repeated listings of violations into one
category in order to make clear the applicable penalty for these
violations. It will also correct language regarding the number of
illegal fish or the percentage over that is required to incur certain
penalties. The action corrects the document to improve continuity
between tiers. The changes will also add previously unintentionally
omitted violations to the penalty system, as well as COMAR and
Maryland Code citations that were missing. The action further
clarifies the term conviction as including those lesser charges
included in a merged conviction.
Additionally, this action will clarify existing hearing requirements
in the license suspension/revocation chapter before the Department
may suspend or revoke a recreational or commercial fishing license.
These changes will implement the new law passed by the Maryland
General Assembly during the 2011 session (House Bill 396/Senate
Bill 414). The new laws eliminate the requirement that the
Department must hold a hearing before it suspends or revokes a
recreational or commercial fishing license and requires only that the
Department provide written notice to the licensee of a right to a
hearing on request. This action will finalize and make permanent an
emergency regulation clarifying the notice requirement that became
effective on July 1, 2011.
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 Penalty System Changes, Regulatory
Staff, Maryland Department of Natural Resources, 580 Taylor Ave.,
B-2, Annapolis MD 21401, or call 410-260-8300, or email to
[email protected], or fax to 410-260-8310.
Comments will be accepted through January 30, 2012. A public
hearing has not been scheduled.
.02 Commercial License Suspension and Revocation.
A. (text unchanged)
B. [If an individual is eligible for suspension or revocation, the
Department shall schedule the contested case hearing to be conducted
in accordance with State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland, and COMAR 08.01.04 in the
For information concerning citizen participation in the regulation-making process, see inside front cover.
Symbol Key
• Roman type indicates existing text of regulation.
• Italic type indicates proposed new text.
• [Single brackets] indicate text proposed for deletion.
Promulgation of Regulations
An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a
statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice
giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public comment
must be held open for at least 30 days after the proposal is published in the Maryland Register.
Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the
proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the
notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not
substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive,
the agency must repropose the regulations, showing the changes that were made to the originally proposed text.
Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency
proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law,
and a notice of withdrawal is published in the Maryland Register.
PROPOSED ACTION ON REGULATIONS
1767
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
individual’s general work area.] Before the Department imposes a
suspension or revocation under this regulation, an individual is
entitled to a contested case hearing upon request in accordance with
Natural Resources Article, §4-701, Annotated Code of Maryland.
C.—E. (text unchanged)
.03 Point Assignment Schedule.
A. (text unchanged)
B. Definitions.
(1) (text unchanged)
(2) Terms defined.
(a) “Conviction” means:
(i) A guilty verdict or accepted plea of nolo contendere;
[or]
(ii) An admission of guilt to any charge made by the
prepayment of the applicable fine instead of appearing for trial[.] ;or
(iii) Any charged violation merged into a conviction.
(b) (text unchanged)
C. (text unchanged)
D. Tier I. The following violations are Tier I violations. An
individual who receives a conviction for a Tier I violation receives 5
points.
Statute or Regulation Type Description
1—
27
(text unchanged)
28 4-733, COMAR
08.02.15.12C
Size Possessing Fish Whose Size
or Weight Cannot Be
Determined
29—
65
(text unchanged)
E. (text unchanged)
F. Tier III. The following violations are Tier III violations. An
individual who receives a conviction for a Tier III violation receives
15 points.
Statute or Regulation Type Description
1—
22
(text unchanged)
23 COMAR 08.02.05.02,
08.02.15
Area Harvesting Striped Bass in a
Closed Area
G. – H. (text unchanged)
I. Tier VI. The following violations are Tier VI violations. An
individual who receives a conviction for a Tier VI violation receives
30 points.
Statute or Regulation Type Description
1 (text unchanged)
2 4-701, 4-702, 4-704,
4-704.1, 4-210, 4-
210.1, 4-210.2, 4-
731, 4-804, 4-906, 4-
1004, 4-1013, 4-
1041, COMAR
08.02.02.01,
08.02.02.09,
08.02.03.03,
08.02.04.05,
08.02.05.03,
08.02.05.08,
08.02.08.03,
08.02.15.05,
08.02.18.03,
08.02.18.04,
Operating Without a
Required Commercial
Fishing License or
Authorization
08.02.18.05,
08.02.18.06
3—
6
(text unchanged)
J. (text unchanged)
.05 Recreational Fishing Suspension and Revocation.
A. — D. (text unchanged)
E. An individual who receives one of the following violations may
be suspended for up to 90 days.
STATUTE OR
REGULATION
DESCRIPTION
(1) (text unchanged)
(2) [4 — 1015(b)] COMAR
08.02.03.14
[Possession of Unculled
Oysters: 10—14% per
bushel] Possession of
Undersized Hard Crabs: 6-
10 per bushel
[(3) 4-1031 Possession of Undersized
Hard—Shell Clams: 15—
20 in possession]
[(4)]
(3)—
[(25)]
(24)
(text unchanged)
[(26)]
(25)
COMAR
08.02.05.20A(1)
Size Limits — Tautog: [5]
4 —10 fish
[(27)]
(26)
COMAR
08.02.05.20A(2)
Possessing Tautog in
December: 1 —4 fish
[(28)]
(27)—
[(41)](40)
(text unchanged)
[(42)]
(41)
COMAR 08.02.15.11B Daily Catch Limit —
Striped Bass — Atlantic
Ocean and Coastal Bays:
[3] 2 fish over daily catch
limit
(42) COMAR 08.02.15.08B Size Limits — Striped Bass
— Spring Season: 2 fish
under minimum size
(43) COMAR 08.02.15.08C Daily Catch Limit —
Striped Bass — Spring
Season: 2 fish over daily
catch limit
[(43)]
(44)—
[(44)]
(45)
(text unchanged)
(46) COMAR 08.02.05 Season Violations —
Finfish — Tidal Waters:
1—5 fish
PROPOSED ACTION ON REGULATIONS
1768
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
F. An individual who receives one of the following violations may
be suspended for up to 180 days.
STATUTE OR
REGULATION
DESCRIPTION
(1)—
(22)
(text unchanged)
(23) COMAR 08.02.15.08B Size Limits — Striped Bass
— Spring Season: 3 fish
under minimum size
(24) COMAR 08.02.15.08C Daily Catch Limit —
Striped Bass — Spring
Season: 3 fish over daily
catch limit
[(23)]
(25)
COMAR 08.02.05 Season Violations —
Finfish — Tidal Waters:
[1—5] 6—9 fish
[(24)]
(26)—
[(28)]
(30)
(text unchanged)
(31) COMAR 08.02.11 Possession of undersized
fish: 50—99% of creel limit
(32) COMAR 08.02.03.14 Possession of Undersized
Hard Crabs: 11—15 per
bushel
G. An individual who receives one of the following violations
may be suspended for up to 365 days.
STATUTE OR
REGULATION DESCRIPTION
(1)—(10) (text unchanged)
(11) 4-1015(b)
Possession of Unculled
Oysters: [over 15% per
bushel] 15% or more per
bushel
(12)—
(13) (text unchanged)
(14) COMAR 08.02.03.10E
Possession of Female Crabs:
[over 16 per bushel] 16 or
more per bushel
(15)—
(83) (text unchanged)
(84) COMAR 08.02.15.08B
Size Limits — Striped Bass
— Spring Season: 4 or more
fish under minimum size
(85) COMAR 08.02.15.08C
Daily Catch Limit — Striped
Bass — Spring Season: 4 or
more fish over daily catch
limit
[(84)]
(86)
COMAR 08.02.15 ,
08.02.05.02
Possession of Striped Bass
During a Closed Season or
in a Closed Area
[(85)]
(87)—
[(86)](88)
(text unchanged)
[(87)]
(89)
4-733, COMAR
08.02.15.12C
[Striped Bass Filleting
Violations] Possessing a fish
whose size or weight cannot
be determined
[(88)]
(90)—
[(97)]
(99)
(text unchanged)
(100) COMAR 08.02.11
Possession of undersized
fish: 100% or more of creel
limit
(101) COMAR 08.02.03.14
Possession of Undersized
Hard Crabs: 16 or more per
bushel
H. Any individual who is convicted of fishing on a suspended
recreational license may be prohibited from engaging in all
recreational fishing activities for up to 3 years.
[H.] I.—[I.]—J. (text unchanged)
[J.] K. [An individual is entitled to a contested case hearing
conducted in accordance with State Government Article, Title 10,
Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04
before a penalty is imposed under this regulation.] Before the
Department imposes a suspension or revocation under this
regulation, an individual is entitled to a contested case hearing upon
request in accordance with Natural Resources Article, §4-220,
Annotated Code of Maryland.
[K.] L.—[L.] M. (text unchanged)
.06 Commercial Fishing Records.
A.—J. (text unchanged)
K. Before the Department imposes a suspension or revocation
under this regulation, [the Department shall provide the opportunity
for a contested case hearing conducted in accordance with State
Government Article, Title 10, Subtitle 2, Annotated Code of
Maryland and COMAR 08.01.04.] an individual is entitled to a
contested case hearing upon request in accordance with Natural
Resources Article, §4-701, Annotated Code of Maryland.
.07 Commercial Charter Boat and Fishing Guide License
Suspension Schedule.
A. (text unchanged)
B. Before the Department imposes a suspension or revocation
under this regulation, an individual is entitled to a contested case
hearing upon request in accordance with Natural Resources Article,
§ 4-701, Annotated Code of Maryland. The Department may agree to
a period of suspension or revocation with a fishing guide before
proceeding to a contested case hearing. [However, if the Department
cannot agree to a period of suspension with a fishing guide, the
Department shall schedule a contested case hearing to be conducted
in accordance with State Government Article, Title 10, Subtitle 2,
Annotated Code of Maryland, and COMAR 08.01.04 whenever the
Department seeks to suspend a fishing guide’s tidal fish license,
authorization, or entitlement to guide fishing parties.]
C.—D. (text unchanged)
PROPOSED ACTION ON REGULATIONS
1769
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
.08 Charter Boat/Fishing Guide Point Assignment Schedule.
A.—C. (text unchanged)
D. Tier I. The following violations are Tier I violations. A fishing
guide who receives a conviction for a Tier I violation receives 5
points.
STATUTE OR
REGULATION
DESCRIPTION
(1)—(32) (text unchanged)
(33) COMAR 08.02.15.08B Size Limits—Striped Bass—
Spring Season: 1 fish under
minimum size limit
[(33)]
(34)—
[(37)] (38)
(text unchanged)
[(38)] (39) COMAR 08.02.21.02B Size limits—Yellow Perch:
1 —2 fish under minimum
size limit
[(39)] (40) COMAR 08.02.21.02C Daily Catch Limit—Yellow
Perch: 1 —2 fish over daily
catch limit
E. Tier II. The following violations are Tier II violations. A
fishing guide who receives a conviction for a Tier II violation
receives 10 points.
STATUTE OR
REGULATION DESCRIPTION
(1)—(5) (text unchanged)
(6) COMAR 08.02.15.08C
Daily Catch Limit—Striped
Bass—Spring Season: 1 fish
over daily catch limit
[(6)] (7)—
[(8)] (9) (text unchanged)
(10) COMAR 08.02.15.08B
Size Limits—Striped Bass—
Spring Season: 2 fish under
minimum size limit
[(9)] (11)—
[(42)] —
(44)
(text unchanged)
(45) COMAR 08.02.21.02B
Size Limits—Yellow Perch: 3
fish under minimum size
limit
(46) COMAR 08.02.21.02C
Daily Catch Limit—Yellow
Perch: 3 fish over daily
catch limit
F. Tier III. The following violations are Tier III violations. A
fishing guide who receives a conviction for a Tier III violation
receives 15 points.
STATUTE OR
REGULATION
DESCRIPTION
(1)—(3) (text unchanged)
(4) 4-733, 08.02.15.12C Possessing Fish Whose Size
or Weight Cannot Be
Determined
(5) (text unchanged)
(6) COMAR 08.02.11 Minimum or maximum size
limit violation—Nontidal
Waters
[(6)] (7) (text unchanged)
[(7)] (8) COMAR 08.02.03.10E Possession of Female
Crabs: [over 16] 16 or more
per Bushel
[(8)] (9)—
[(15)] (16)
(text unchanged)
(17) COMAR 08.02.15.08C Daily Catch Limits—
Striped Bass—Spring
Season: 2 fish over daily
catch limit
[(16)]
(18)—
[(18)] (20)
(text unchanged)
(21) COMAR 08.02.15.08B Size Limits—Striped Bass—
Spring Season: 3 fish under
minimum size limit
[(19)]
(22)—
[(44)] (47)
(text unchanged)
[(45)] (48) COMAR
08.02.05.21A(1)
Size Limits—Black Sea
Bass: [3] 7 or more fish
under minimum size limit
[(46)] (49) COMAR
08.02.05.21A(2)
Catch Limit—Black Sea
Bass: [3] 7 or more fish
over daily catch limit
[(47)—
(76)]
(50)—(79)
(text unchanged)
[(77)] (80) COMAR 08.02.21.02B Size Limits—Yellow
Perch: [11] 4 or more fish
under minimum size limit
[(78)] (81) COMAR 08.02.21.02C Daily Catch Limit—Yellow
Perch: [11] 4 or more fish
over daily catch limit
[(79)]
(82)—
[(82)] (85)
(text unchanged)
G. Tier IV. The following violations are Tier IV violations. A
fishing guide who receives a conviction for a Tier IV violation
receives 30 points.
STATUTE OR
REGULATION
DESCRIPTION
(1)—(18) (text unchanged)
(19) COMAR 08.02.15.08C Daily Catch Limit—Striped
Bass—Spring Season: 3 or
more fish over daily catch
limit
[(19)]
(20)—
[(21)] (22)
(text unchanged)
(23) COMAR 08.02.15.08B Size Limits—Striped Bass—
Spring Season: 4 or more
fish under minimum size
[(22)]
(24)—
[(32)] (34)
(text unchanged)
(35) COMAR
08.02.05.23B(1)
Daily Catch Limit—Bluefin
Tuna: 2 fish or more over
daily catch limit
(36) COMAR
08.02.05.23B(2)
Size Limit—Bluefin Tuna: 2
fish or more under
minimum size limit
PROPOSED ACTION ON REGULATIONS
1770
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
(37) COMAR
08.02.05.26C(1)
Daily Catch Limit—
Billfish: 2 fish or more over
daily catch limit
(38) COMAR
08.02.05.26C(2)
Size Limit—Billfish: 2 fish
or more under minimum
size limit
(39) COMAR
08.02.05.27C(1)
Daily Catch Limit—
Swordfish: 2 fish or more
over daily catch limit
(40) COMAR
08.02.05.27C(2)
Size Limit—Swordfish: 2
fish or more under
minimum size limit
(41) COMAR 08.02.22.02C Size Limits for Designated
Shark Species—
Recreational: 2 fish or
more under minimum fork
length
(42) COMAR 08.02.22.02D Daily Catch Limit—Sharks:
2 fish or more over daily
catch limit
JOHN R. GRIFFIN
Secretary, Department of Natural Resources
Title 09
DEPARTMENT OF LABOR,
LICENSING, AND
REGULATION
Subtitle 11 REAL ESTATE
COMMISSION
09.11.02 Code of Ethics
Authority: Business Occupations and Professions Article, §17-207, Annotated Code of Maryland.
Notice of Proposed Action
[11-387-P]
The Real Estate Commission proposes to amend Regulations .01
and .02 under COMAR 09.11.02 Code of Ethics. This action was
considered by the Commission at public meetings held on September
17, 2011 (Regulation .01) and on October 19, 2011 (Regulation .02);
public notices of the meetings were given in accordance with State
Government Article, § 10-506(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to update the classes of individuals
protected from discrimination by real estate licensees to comply with
the statutory provision of State Government Article, § 20-402,
Annotated Code of Maryland, by referring to that provision in
Regulation .01E. The purpose of the change to Regulation .02D is to
clarify the circumstances under which a licensee must disclose his or
her licensing status to a prospective seller or lessor, or buyer or
lessee, of property in which the licensee may have or wish to acquire
an ownership interest. The licensee's obligation of disclosure would
extend to certain members of the licensee's immediate family when
the licensee is acting on behalf of or representing one of those
individuals. The disclosure requirement would also apply to
employees of a real estate brokerage or of a real estate licensee.
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 Katherine Connelly, Executive
Director, Real Estate Commission, 500 N. Calvert Street, 3rd Floor,
Baltimore, MD 21202, or call 410-230-6227, or email to
[email protected], or fax to 410-333-0023. Comments will
be accepted through February 3, 2012. A public hearing has not been
scheduled.
Open Meeting
Final action on the proposal will be considered by the Real Estate
Commission during a public meeting to be held on February 15, 2012
at 10:30 a.m., at 500 N. Calvert Street, 3rd Floor, Baltimore, MD
21202.
.01 Relations to the Public.
A. — D. (text unchanged)
E. The licensee, acting as agent, may not discriminate in the sale,
rental, leasing, trading, or transferring of property to any person or
group of persons [because of race, color, creed, religion, national
origin, sex, handicap, or familial status] in violation of State
Government Article, § 20-402, Annotated Code of Maryland.
F. — I. (text unchanged)
.02 Relations to the Client.
A. — C. (text unchanged)
D. Disclosure Requirement for Licensees and Employees Buying,
Selling, Leasing, and Renting Property.
[(1) The licensee may not acquire an interest in, or purchase,
personally, for any member of the licensee's immediate family, for
the licensee's firm, for any member of the firm, or for any entity in
which the licensee has any ownership interest, property listed with
the licensee or the licensee's firm without making the licensee's true
position known to the listing owner. In selling or leasing property in
which the licensee, the licensee's firm, or any member of the
licensee's immediate family or the licensee's firm has an ownership
interest, the licensee shall reveal that interest in writing to all parties
to the transaction.
(2) A licensee who provides real estate brokerage services in a
group or team shall have the same disclosure requirement of §D(1) of
this regulation with regard to unlicensed members of the group or
team as the licensee has with regard to members of the licensee's
firm.]
(1) A licensee seeking to acquire an interest in real property
must disclose the licensee’s licensing status in writing to the seller or
lessor of the property no later than the time that an offer is submitted.
(2) The disclosure requirement of §D(1) of this regulation also
applies when the licensee is acting on behalf of or representing:
(a) A member of the licensee’s immediate family; or
(b) An entity in which the licensee has an ownership
interest.
(3) An employee of a real estate brokerage or of a licensee
shall disclose that employment to the seller or lessor of the property
in accordance with §D(1) of this regulation.
PROPOSED ACTION ON REGULATIONS
1771
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
(4) A licensee seeking to sell or lease real property owned by
the licensee must disclose that ownership interest in writing at the
time that the property is offered for sale or lease.
(5) The disclosure requirement of §D(4) of this regulation also
applies when the licensee is acting on behalf of or representing:
(a) A member of the licensee’s immediate family; or
(b) An entity in which the licensee has an ownership
interest.
(6) An employee of a real estate brokerage or of a licensee
shall disclose that employment in accordance with §D(4) of this
regulation.
(7) Written notice required by §§D(4), (5), and (6) of this
regulation may be given through the multiple list service and through
any other written means effective in bringing the information to the
attention of prospective buyers or lessees.
(8) The licensee’s immediate family shall include the licensee’s
spouse or domestic partner, child, stepchild, child’s spouse,
stepchild’s spouse, parent, sibling, grandparent, or grandchild.
E. — I. (text unchanged)
J. NICHOLAS D’AMBROSIA
Chairman, Real Estate Commission
Title 10
DEPARTMENT OF HEALTH
AND MENTAL HYGIENE
Subtitle 09 MEDICAL CARE
PROGRAMS
Notice of Proposed Action
[11-389-P]
The Secretary of Health and Mental Hygiene proposes to:
(1) Adopt new Regulations .01—.15 under a new chapter,
COMAR 10.09.37 Family Planning Program Eligibility; and
(2) Repeal existing Regulations .01 and .10, adopt new
Regulations .01 and .10, and amend Regulations .02 and .04—.06
under COMAR 10.09.58 Family Planning Program.
Statement of Purpose
The purpose of this action is to alter the eligibility requirements
for family planning services under the Maryland Medical Assistance
Program by requiring the Program to provide those services
beginning January 1, 2012 to all women whose family income is at or
below 200 percent of the poverty level under certain circumstances,
and generally relating to eligibility for family planning services under
the Maryland Medical Assistance Program.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. Medicaid expenditures
increase by $10 million in total funds in FY 2013. The general fund
share of these expenditures is $1.8 million. The Department of Health
and Mental Hygiene (DHMH) plans to use budgeted general funds to
support the expansion in FY 2012.
Revenue (R+/R-)
II. Types of Economic
Impact.
Expenditure
(E+/E-) Magnitude
A. On issuing agency:
(1) General Fund (E-) $1,834,434
(2) Federal Fund (R+) $8,356,866
(3) Federal Fund (E-) $8,356,866
B. On other State agencies: NONE
C. On local governments: NONE
Benefit (+)
Cost (-) Magnitude
D. On regulated industries
or trade groups: NONE
E. On other industries or
trade groups: NONE
F. Direct and indirect
effects on public: NONE
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
A(1), (2), and (3). Approximately 53,948 Maryland women ages
19 to 50 are uninsured and have incomes between 116 percent and
200 percent FPL; as many as 26,974 women will be eligible for and
enroll in the Medicaid family planning program; DHMH will
automatically enroll an additional 6,217 women who lose other
Medicaid coverage into the program; the per enrollee cost for family
planning services in fiscal 2012 will be $301; total family planning
service costs for the second half of fiscal 2012 will be $5,000,000;
approximately 80 percent federal matching rate will be provided for
family planning service costs; and a 50 percent federal match will be
provided for personnel, operating, and computer reprogramming
expenses.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Department of
Health and Mental Hygiene, 201 W. Preston Street, Baltimore, MD
21201, or call 410-767-6499, or email to [email protected], or fax
to 410-767-6483. Comments will be accepted through January 30, 2012.
A public hearing has not been scheduled.
10.09.37 Family Planning Program Eligibility
Authority: Health-General Article, §§2-104(b), 15-103(a), Annotated Code of
Maryland
.01 Purpose and Scope.
This chapter governs the determination of eligibility for the
Family Planning Program.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
PROPOSED ACTION ON REGULATIONS
1772
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
B. Terms Defined.
(1) Applicant.
(a) "Applicant" means a woman whose written, signed
application for the Family Planning Program has been submitted to
the Department but has not received final action.
(b) “Applicant” includes a non-pregnant woman whose
application is submitted through an authorized representative.
(2) "Application" means the filing of a written and signed
application form for the Family Planning Program at the Department
or its designee.
(3) "Application date" means the date on which a written,
signed application is received by the Department.
(4) "Application form" means the form designated by the
Department to be completed, signed, and submitted to the
Department, or its designee, as an official application for the Family
Planning Program.
(5) “Authorized representative” means a spouse, legal
guardian, parent, individual with power of attorney, relative or other
individual designated in writing to the Department, authorized
concerning the applicant’s or recipient’s eligibility under this
chapter to:
(a) Act on an applicant’s or recipient’s behalf; and
(b) Assist with the application or redetermination process
and in other communication with the Department.
(6) “Continuing eligibility” means a recipient’s eligibility for a
subsequent certification period after the current certification period,
based on the Department’s redetermination of eligibility with respect
to a woman who is enrolled in Family Planning on the application
date.
(7) “Countable income” means income that is considered in
the determination of eligibility for the Family Planning Program.
(8) "Department" means the Department of Health and Mental
Hygiene as defined in COMAR 10.09.36.01, or its authorized agents
acting on behalf of the Department.
(9) "Determination" means a decision regarding an applicant's
eligibility for the Family Planning Program.
(10) “Disregard" means the amount of money specified by
regulation that can be subtracted from countable income.
(11) Earned Income.
(a) “Earned Income” means payment received by an
individual in cash as a result of employment, including self-
employment.
(b) “Earned Income” includes but is not limited to:
(i) Wages;
(ii) Salaries;
(iii) Commissions;
(iv) Tips; and
(v) Profit from self-employment.
(12) "Family Planning Program” means the program
established in Health–General Article, §15-103 et seq., Annotated
Code of Maryland to provide services related to contraceptive care to
women who meet the eligibility requirements specified in Regulation
.03 of this chapter.
(13) "Federal poverty level" means the poverty guidelines
updated periodically in the Federal Register by the U.S. Department
of Health and Human Services under the authority of 42 U.S.C.
§9902(2).
(14) “Household size” means:
(a) The applicant;
(b) The spouse who resides with the applicant; and
(c) Any children younger than 19 years old who resides with
the applicant.
(15) “Inmate in a public institution” has the meaning stated in
COMAR 10.09.24.05-5.
(16) “Medicare” means the medical insurance program
administered by the federal government under Title XVIII of the
Social Security Act, 42, §U.S.C. 1395 et seq.
(17) “Period under consideration” means the period of 6
months beginning on the first day of the month of the application
date, for which income is projected in order to determine eligibility
under this chapter.
(18) “Permanent sterilization” means a permanent form of
birth control.
(19) "Recipient" means a woman who is certified as eligible for
the Family Planning Program.
(20) "Redetermination" means a determination regarding the
continuing eligibility of a recipient.
(21) "Spouse" means an individual who has been determined to
be legally married to another individual under State law.
(22) "Unearned income" means all income which does not meet
the definition of earned income as defined in §B of this regulation.
.03 Eligibility for Family Planning Program Coverage.
A. In order to be determined eligible for benefits under the Family
Planning Program, an applicant:
(1) Shall:
(a) Have a household income that does not exceed 200
percent of the federal poverty level;
(b) Meet the following requirements:
(i) Citizenship requirements in COMAR 10.09.24.05;
(ii) Identity requirements in COMAR 10.09.24.05-1(a)—
(e) and (g); and
(iii) Residency requirements in COMAR 10.09.24.05-3;
and
(c) Be under 51 years of age; and
(2) May not:
(a) Be pregnant;
(b) Have a permanent sterilization;
(c) Be determined eligible for another Medical Assistance
Program;
(d) Be enrolled in Medicare; or
(e) Be an incarcerated inmate in a public institution as
defined in COMAR 10.09.24.05-5B.
B. An applicant whose income does not exceed 200 percent of the
federal poverty level and is determined eligible for pregnancy or
postpartum coverage under COMAR 10.09.11 shall be:
(1) Enrolled for 1 year without filing a separate application
after pregnancy related period of eligibility ends; and
(2) Redetermined for eligibility based on the criteria in §A of
this regulation.
.04 Application.
A. The Department shall:
(1) Determine initial and continuing eligibility;
(2) Give oral or written information about the eligibility
requirements, coverage, scope and related services of the Family
Planning Program, and a woman’s rights and obligations under the
Family Planning Program, to any individual requesting this
information; and
(3) Give a woman requesting Family Planning Program
coverage the opportunity to apply in accordance with the
requirements stated in COMAR 10.09.24.04C.
B. A woman who wishes to apply for the Family Planning
Program under this chapter shall submit a written, signed
application form to the Department. An applicant shall be
responsible for completing the application but may be assisted by
another individual of the applicant’s choice.
C. The date of the application will be the date on which a signed
application is received by the Department.
PROPOSED ACTION ON REGULATIONS
1773
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D. A woman who applies for the Family Planning Program may
voluntarily withdraw that application; however the application form
will remain the property of the Department.
E. Time Limitations.
(1) When an application is filed with the Department, a
decision shall be made promptly but not later than 45 days from the
date the application is received, unless an extension is granted in
accordance with §F of this regulation.
(2) The time standards specified in §E(1) of this regulation
covers the period from the application date to the date the
Department’s notice of decision is mailed to the applicant.
(3) The Department shall request in writing missing
information needed to determine eligibility.
(4) When an applicant fails to complete the application form or
to provide the required information needed to determine eligibility
within the 45 day limit provided under §F(1) of this regulation, the
applicant shall be determined ineligible.
F. Extension of Time Limitations.
(1) The Department may approve an extension of the time
limitation specified in §E of this regulation if:
(a) The applicant or authorized representative is actively
attempting to establish the applicant’s or recipient’s eligibility but
has been unable to provide the required information or verification
through no fault of the applicant, recipient, or authorized
representative; or
(b) There is an administrative delay or other emergency
beyond the Department’s control.
(2) The Department shall document the reason for the
extension in the applicant’s or recipient’s case record.
(3) The Department shall deny or terminate eligibility under
the Family Planning Program when the criteria for the extension of
time limitation in §F(1) of this regulation cease to be met.
G. Required Information.
(1) The Department shall inform the applicant of the required
information and verifications needed to determine eligibility in
accordance with the requirements stated in COMAR
10.09.24.04J(3)(a), (b), and (d).
(2) The information needed by the Department is subject to
independent verification.
H. The Department shall maintain a case record including
documentation of the required elements of eligibility.
I. The Department shall restrict disclosures of information
concerning applicants in accordance with the requirements stated in
COMAR 10.09.24.04.
J. Eligibility may not be established until the applicant furnishes
or applies for a social security number in accordance with the
requirements stated in COMAR 10.09.24.04.
K. A recipient shall cooperate with the Department in completing
a form designated by the Department to report pertinent information
and in collecting available health insurance benefits and other third-
party payments.
.05 Consideration of Family Income.
A. In determining an applicant’s financial eligibility for the
Family Planning Program for applicants 19 years old or older and
for married applicants younger than 19 years old, the income of the
following individuals shall be considered:
(1) Applicant; and
(2) Spouse, if living in the home;
B. In determining an applicant’s financial eligibility for the
Family Planning Program, income is not considered for:
(1) An unmarried applicant younger than 19 years old; and
(2) The applicant’s children who are younger than 19 years old
and living in the home.
C. Regularity of Income. When an applicant or spouse with
countable income:
(1) Has regular income, the amount to be considered is that
which is available or can reasonably be expected to be available
during the period under consideration; or
(2) Is self-employed or has irregular or seasonal earnings, the
amount to be considered is the expected annual income based on the
prior year’s gross income.
D. Household Size. In determining household size, the following
individuals shall be considered:
(1) The applicant;
(2) The spouse, if living in the home; and
(3) The applicant’s children younger than 19 years old and
living in the home.
.06 Consideration of Family Income: Earned and Unearned
Income.
Earned and unearned income shall be considered in accordance
with the requirements for families and children as stated in COMAR
10.09.24.07, excluding §§E, F(3), J, L, M(3), and N.
.07 Consideration of Family Income: Income Disregards.
Income disregards shall be considered in accordance with the
requirements stated in COMAR 10.09.24.07M(2) and (4).
.08 Determining Financial Eligibility.
An applicant is financially eligible for the Family Planning
Program if the applicant's countable net family income as determined
under Regulations .05, .06 and .07 of this chapter does not exceed
200 percent of the federal poverty level.
.09 Certification Periods.
A. For a recipient, certification for initial eligibility begins not
sooner than the first day of the month of application.
B. A recipient’s eligibility under Regulation .03 of this chapter
will end as of the:
(1) End of a 12 month certification period;
(2) Date eligibility is determined in another Medicaid coverage
group;
(3) Date the Department receives notice of permanent
sterilization of a recipient;
(4) End of the month in which the recipient becomes age 51;
(5) Beginning of the month in which the recipient is enrolled in
Medicaid; or
(6) Date a recipient becomes an inmate in a public institution.
.10 Covered Services.
A Family Planning Program recipient shall be entitled to services
as stated in COMAR 10.09.58.
.11 Post–Eligibility Requirements.
A. The Department shall inform the applicant of the applicant’s
legal rights and obligations and give the applicant written
notification of the following:
(1) For an eligible woman:
(a) A finding of eligibility;
(b) The beginning and ending dates for coverage; and
(c) The right to request a hearing; and
(2) For an ineligible woman:
(a) A finding of ineligibility;
(b) The reason for the finding;
(c) The regulation supporting the finding; and
(d) The right to request a hearing.
B. Recipient Responsibility.
(1) A recipient shall notify the Department within 10 business
days of changes affecting the recipient’s eligibility.
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(2) A recipient shall limit use of the Family Planning card to
the woman whose name appears on the card.
(3) When written notice of cancellation is received, a recipient
shall discontinue use of the Family Planning card on the first day of
ineligibility.
(4) Failure to comply with the provisions of §B(1)—(3) of this
regulation may result in:
(a) Termination of assistance;
(b) Referral to the Department for fraud investigation, or for
criminal or civil prosecution; or
(c) Termination of assistance and referral to the Department
for fraud investigation, or for criminal or civil prosecution.
(5) A recipient shall cooperate with the State’s Medical
Assistance quality control review process, including verification of
information pertinent to the determination of eligibility.
(6) If the recipient refuses to cooperate, the recipient’s
coverage shall end subject to the regulation governing timely and
adequate notice under COMAR 10.09.24.13B.
C. Unscheduled Redeterminations.
(1) The Department shall promptly make an unscheduled
redetermination when:
(a) The woman’s circumstance suggests future changes
which may affect eligibility before the due date of a scheduled
redetermination;
(b) Relevant facts or changes in circumstances are reported
by the recipient or an authorized representative; or
(c) Relevant facts or changes are brought to the attention of
the Department from other responsible sources.
(2) The Department shall notify the recipient that a
redetermination shall establish continuing eligibility.
(3) The notice and reapplication packet shall be sent at least 10
days before the due date.
(4) The Department shall notify the recipient of the required
information and verifications needed to determine eligibility and the
time standards in acting in the redetermination process.
(5) The criteria for continuing eligibility shall be met.
(6) Eligibility Decisions.
(a) Recipients who are determined eligible for the remainder
of the certification period shall be sent a notice in accordance with
§A(1) of this regulation.
(b) Recipients determined ineligible for the remainder of the
certification period because of a change in circumstances or failure
to establish eligibility following a change in circumstances, shall be
sent a notice in accordance with §A(2) of this regulation.
(7) A woman may reapply after cancellation of current
eligibility, at which time a new period under consideration shall be
established.
D. Scheduled Redeterminations.
(1) The Department shall make a scheduled redetermination of
a woman’s eligibility once every 12 months.
(2) The Department shall notify the recipient that a
redetermination shall establish continuing eligibility.
(3) The notice and application shall be sent at least 60 days
before expiration of the current certification period.
(4) When the written, signed application is received by the
Department, a new period under consideration shall be set.
(5) The new period shall be related to the date the application
is received but may not include months in which the woman was
entitled to coverage under the current certification period.
(6) A recipient shall be treated the same as an applicant at the
time of scheduled redetermination.
(7) The nonfinancial and financial criteria of eligibility shall be
met.
(8) The Department shall make timely decisions in accordance
with the provisions of Regulation .04E of this chapter.
(9) Eligibility Decisions.
(a) Applicants who are determined eligible for a new
certification period shall be sent a notice in accordance with §A(1) of
this regulation.
(b) Applicants determined ineligible for a new certification
period shall be sent a notice in accordance with §A(2) of this
regulation.
.12 Hearings.
The requirements relating to hearings under COMAR 10.09.24.13
shall apply to this chapter.
.13 Fraud and Abuse.
The requirements relating to fraud and abuse under COMAR
10.09.24.14 and COMAR 10.09.24.14-1 shall apply to this chapter.
.14 Adjustments and Recoveries.
The requirements relating to adjustments and recoveries under
COMAR 10.09.24.15, excluding COMAR 10.09.24.15A(2)—(3) and
COMAR 10.09.24.15A(3), shall apply to this chapter.
.15 Interpretive Regulation.
State regulations shall be interpreted in conformity with
applicable federal statutes and regulations.
10.09.58 Family Planning Program
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
.01 Purpose and Scope.
A. This chapter governs the coverage of services for the Medical
Assistance Family Program.
B. Eligibility shall be established for women according to COMAR
10.09.37.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Early and Periodic Screening, Diagnostic and Treatment
(EPSDT)” means the provision to individuals younger than 21 years
old, of preventative health care under 42CFR §441.50 et seq. as
amended, and other health care services, diagnostic services, and
treatment services that are necessary to correct or ameliorate defects
and physical and mental illnesses and conditions discovered by
EPSDT screening services.
[(3)] (4)—[(9)] (10) (text unchanged)
(11) "Medicare" means the insurance program administered
by the federal government under Title XVIII of the Social Security
Act, 42 U.S.C. §1395 et seq.
[(10)] (12)—[(14)] (16) (text unchanged)
[(15)] (17) "Recipient" means a woman who is certified as
eligible for the Program according to COMAR 10.09.37.
.04 Conditions of Participation.
A.—C. (text unchanged)
D. Providers shall accommodate the cultural and ethnic diversity
of the populations to be served.
.05 Covered Services.
The following services are covered under this chapter:
A.—E. (text unchanged)
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F. Permanent sterilization only when performed according to
criteria in 42 CFR Part 441, Subpart F, Sterilizations, as amended,
and when the appropriate forms are [properly]:
(1) Properly completed; and [attached to the invoice]
(2) Available in the medical record for review.
.06 Limitations.
A. The following services are not covered:
(1)—(2) (text unchanged)
(3) Transportation services;
(4) EPSDT services;
(5) Services delivered in a hospital or ambulatory surgical
center other than:
(a) Permanent sterilizations; and
(b) A hysterosalpingogram following the Essure procedure;
[(3)] (6)—[(4)] (7) (text unchanged)
B.—G. (text unchanged)
.10 Appeal Procedures.
The requirements related to appeal procedures under COMAR
10.09.36 and 10.09.37 apply to this chapter.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 24 MARYLAND HEALTH
CARE COMMISSION
10.24.17 State Health Plan for Facilities and
Services: Specialized Health Care Services —
Cardiac Surgery and Percutaneous Coronary
Intervention Services
Authority: Health-General Article, §§19-109(a)(1) and 19-118, Annotated
Code of Maryland
Notice of Proposed Action
[11-381-P-I]
The Maryland Health Care Commission proposes to amend
Regulation .01 under COMAR 10.24.17 State Health Plan for
Facilities and Services: Specialized Health Care Services —
Cardiac Surgery and Percutaneous Coronary Intervention
Services. This action was considered by the Commission at an open
meeting on November 17, 2011, notice of which was given through
publication in the Maryland Register, pursuant to State Government
Article, §10-506, Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to establish a process by which an
interventional cardiologist who has not performed the required
number of percutaneous coronary intervention (PCI) cases during a
12-month period that includes a leave of absence of less than 12
months from clinical practice may resume performing PCI in a
hospital that may only provide the service through a waiver issued by
the Commission. A hospital without on-site cardiac surgery may
apply to the Commission for a waiver to provide primary PCI, or
emergency angioplasty, services in the setting of a community
hospital. The hospital must document that it has adequate physician,
nursing, and technical staff to provide primary PCI services to acute
myocardial infarction patients 24 hours per day, 7 days per week. For
physician resources, the hospital must maintain a minimum of three
interventional cardiologists who meet certain requirements, including
performing at least 75 total PCI cases per year. This threshold was set
based on American College of Cardiology and American Heart
Association (ACC/AHA) recommendations.
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 Dolores Sands, Chief, Specialized
Health Care Services, Maryland Health Care Commission, 4160
Patterson Ave, Baltimore, Maryland 21215, or call (410) 764-3371,
or fax to (410) 358-1311. Comments will be accepted through 4:30
p.m. on January 31, 2012. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Health Care Commission during a public meeting to be held on
February 16, 2012, at 4160 Patterson Ave, Conference Room 100,
Baltimore, Maryland 21215.
Editor’s Note on Incorporation by Reference
Pursuant to State Government Article, §7-207, Annotated Code of
Maryland, the State Health Plan for Facilities and Services:
Specialized Health Care Services—Cardiac Surgery and
Percutaneous Coronary Intervention Services Supplement 2has been
declared a document generally available to the public and appropriate
for incorporation by reference. For this reason, it will not be printed
in the Maryland Register or the Code of Maryland Regulations
(COMAR). Copies of this document are filed in special public
depositories located throughout the State. A list of these depositories
was published in 38:3 Md. R. 145 (January 28, 2011), and is
available online at www.dsd.state.md.us. The document may also be
inspected at the office of the Division of State Documents, 16 Francis
Street, Annapolis, Maryland 21401.
.01 Incorporation by Reference.
The State Health Plan for Facilities and Services: Specialized
Health Care Services — Cardiac Surgery and Percutaneous Coronary
Intervention Services, including Supplement No. [1] 2, is
incorporated by reference.
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 27 BOARD OF NURSING
10.27.21 Registered Nurse – Forensic Nurse
Examiner
Authority: Health Occupations Article, §8-205 (a)(2) and (5), Annotated Code of Maryland
Notice of Proposed Action
[11-385-P]
The Department of Health and Mental Hygiene proposes to amend
Regulations .02—.05 and .07, repeal existing Regulation .06 and
adopt new Regulation .06, adopt new Regulation .08, and recodify
existing Regulation .08 to be Regulation .09 under COMAR
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MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
10.27.21 Registered Nurse—Forensic Nurse Examiner. This
action was considered by the Maryland Board of Nursing at a public
meeting held on September 27, 2011, notice of which was given by
publication on the Board’s website under Board news on August 1,
and September 1, 2011.
Statement of Purpose
The purpose of this action is to: (1) Add definitions; (2) Clarify
the age for adult and pediatric patients; (3) Amend the regulation for
certification by endorsement to clarify what qualifications are
necessary for certification by endorsement; (4) Add a new regulation
with requirements for reinstatement of a certified forensic nurse
examiner who does not meet the requirements for renewal under
Regulation .07 of this chapter; (5) Add provisions for the peer review
of SAFE cases as a requirement of renewal; and (6) Make clarifying
and technical changes.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. The peer review process may
require some additional staff hours. The number of hours required for
each forensic examiner could be as few as 1 hour or as much as 6
hours. Each SAFE program has a different number of nurse
examiners with unknown hourly wages. Some programs are already
doing peer review on some or all of their cases and there may not be
any additional cost for those programs. Currently all SAFE programs
are located at hospitals.
Revenue (R+/R-)
II. Types of Economic
Impact.
Expenditure
(E+/E-) Magnitude
A. On issuing agency: NONE
B. On other State agencies: NONE
C. On local governments: NONE
Benefit (+)
Cost (-) Magnitude
D. On regulated industries
or trade groups: (+) Indeterminable
E. On other industries or
trade groups: NONE
F. Direct and indirect
effects on public: (+) Indeterminable
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
D. Currently all SAFE programs are located in hospital settings.
The amended regulations require peer review of 3 adult cases for
every RN-FNE-A and three cases for every RN-FNE-P or 6 cases for
and RN-FNE-AP as a requirement for renewal. The estimate for cost
depends on the unknown number of forensic examiners in each
program and their hourly wage. Some cases could take as little as 20
minutes to review and others could take as much as an hour to review
if more time is required to discuss the review with the forensic nurse
examiner.
F. There could be a direct or indirect economic impact on
members of the public if they are responsible for the cost of a
forensic examination.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele Phinney, Director, Office of
Regulation and Policy Coordination, Department of Health and
Mental Hygiene, 201 W. Preston St., Room 512, Baltimore,
Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or
email to [email protected], or fax to 410-767-6483. Comments
will be accepted through January 30, 2012. A public hearing has not
been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(3) (text unchanged)
(4) “Clinical preceptor” means an RN-FNE or physician who
has credentials and experience in forensic examinations.
[(4)] (5) (text unchanged)
[(5) Forensic Evidentiary Examination.
(a) "Forensic evidentiary examination" means an
examination for the purpose of gathering, labeling, preserving, and
handling evidence.
(b) "Forensic evidentiary examination" includes:
(i) Photographic and written descriptive documentation
of the findings;
(ii) A general health and assault history interview; and
(iii) A physical assessment which may include but is not
limited to skin surface examination, oral examination, genital
examination, anal examination, and speculum vaginal examination.]
(5) “Forensic evidentiary examination” means an examination
for the purpose of gathering, labeling, preserving, and handling
evidence that includes, but is not limited to:
(a) Photographic and written descriptive documentation of
the findings;
(b) A general health and assault history interview; and
(c) A physical assessment which may include, but is not
limited to:
(i) Skin surface examination;
(ii) Oral examination;
(iii) Genital examination;
(iv) Anal examination; and
(v) Speculum vaginal examination.
(6) “Gynecological Urological teaching associate (GUTA)”
means an adult who is trained to teach techniques for performing
gender-specific physical examination to health care trainees, using
self as a demonstration and practice model with emphasis on
teaching from the patient perspective.
(7) “Peer review” means a process by which an RN-FNE’s
clinical examination and documentation is reviewed by one or more
peers who are authorized to perform the duties of an RN-FNE.
[(6)] (8)—[(7)] (9) (text unchanged)
(10) “Program coordinator” means an RN-FNE designated by
the facility to manage and oversee the SAFE program.
[(8)] (11) (text unchanged)
(12) “Refresher course” means a curriculum that:
(a) Includes didactic and clinical education; and
(b) Meets the practice requirements for reinstatement of
certification as an RN-FNE.
[(9)] (13) (text unchanged)
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MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
(14) “RN-FNE Educator” means an individual who is:
(a) Currently licensed and certified in Maryland as a:
(i) Registered Nurse Forensic Examiner — Adult (RN-
FNE-A);
(ii) Registered Nurse Forensic Examiner — Pediatric
(RN-FNE-P); or
(iii) Registered Nurse Forensic Examiner — Adult and
Pediatric (RN-FNE- AP); and
(b) Qualified to teach the theoretical and clinical portions of
the RN-FNE training program.
[(10)] (15)—[(12)] (17) (text unchanged)
[(13)] (18) "SAFE" means a registered nurse who was certified
by the Board before December 13, 1999, as a sexual assault forensic
examiner under this chapter.
(19) “SAFE program” means a facility authorized by the
Department of Health and Mental Hygiene to provide forensic
nursing services.
[(14)] (20) (text unchanged)
(21) “SANE-A” means a forensic nurse examiner certified by
the International Association of Forensic Nurses (IAFN) to perform a
forensic evidentiary examination on adults and individuals 13 years
old or older.
(22) “SANE-P” means a forensic nurse examiner certified by
the IAFN to perform a forensic evidentiary examination on children
who are younger than 13 years of age.
(23) "Simulation” means the utilization of an adult
anatomically correct manikin or a GUTA in the performance of a
forensic evidentiary examination.
(24) “Training program” means the instructional process
utilizing the standardized curriculum approved by the Board.
.03 Authorization to Practice.
A. (text unchanged)
B. An applicant for certification to practice as an RN-FNE-A, RN-
FNE-P or RN-FNE-AP shall:
(1)—(2) (text unchanged)
(3) Complete a training program [of instruction] that includes a
standardized curriculum approved by the Board and designed for the
RN-FNE-A;
(4) [If applying for certification as a RN-FNE-P or RN-FNE-
AP, complete two programs of instruction approved by the Board, the
first designed for the RN-FNE-A and an additional program designed
for the RN-FNE-P] An applicant for certification as an RN-FNE-P or
RN-FNE-AP, shall complete a training program that includes the
following standardized curricula approved by the Board:
(a) The standardized curriculum designed for the RN-FNE-
A; and
(b) The standardized curriculum designed for the RN-FNE-
P;
(5)—(6) (text unchanged)
C. A registered nurse who has been certified by the Board as a
SAFE [before the effective date of these regulations] on or after
December 13, 1999 may be certified to practice as an RN-FNE-A,
RN-FNE-P, or RN-FNE-AP if the individual:
(1)—(2) (text unchanged)
D. (text unchanged)
.04 Scope and Standards of Practice.
A. An RN-FNE may perform the following tasks and functions
with respect to the age group for which the RN-FNE is certified
under Regulation .03 of this chapter:
(1)—(5) (text unchanged)
(6) Gather, preserve, handle, document, and label forensic
evidence, including but not limited to:
(a) Labeling evidence collection containers with the patient's
[identification factors including police complaint number] identifying
data per local jurisdiction requirements;
(b)—(e) (text unchanged)
(7)—(14) (text unchanged)
B. Clinical Practice Guidelines. An RN-FNE may practice only in
a clinical setting in which clinical policy and practice guidelines:
(1)—(2) (text unchanged)
(3) Identify the department in which [the] an RN-FNE shall
function; and
(4) Designate a [clinical director or] program coordinator who
has experience in forensic evidentiary examinations [and who shall]
to administer the RN-FNE training program[; and].
[(5) Require that a Board-certified RN-FNE:
(a) Has responsibility for oversight and administration of the
facility's RN-FNE instructional program and the practice of the
facility's RN-FNE;
(b) Verifies the qualifications and certifications of the RN-
FNEs practicing in the facility;
(c) Administers and manages the RN-FNE practice;
(d) Approves practice protocols and standards of care for
RN-FNE practice;
(e) Interfaces with law enforcement, State's attorney offices,
and community resource groups;
(f) Implements the facility's Board-approved RN-FNE
training program or programs; and
(g) Facilitates reimbursement for RN-FNE services by
cooperating with the facility's billing department and interacting with
the State reimbursement system.
C. The RN-FNE shall comply with all federal and Maryland
statutes and regulations governing registered nurse practice.]
C. The program coordinator:
(1) Is responsible for obtaining Board approval of the
curriculum before conducting a training program;
(2) Has responsibility for oversight and administration of the
facility's RN-FNE training program and the practice of the facility's
RN-FNE’s;
(3) Verifies the qualifications and certifications of any RN-FNE
practicing in the facility;
(4) Administers and manages the RN-FNE practice;
(5) Approves practice protocols and standards of care for RN-
FNE practice;
(6) Shall develop a peer review process that includes, but is not
limited to:
(a) Coordinating the peer review of cases;
(b) Ensuring that the peer review is consistent with the
standardized data collection process;
(c) Ensuring that a peer reviewer meets the qualifications in
Regulation .05 of this chapter; and
(d)Using the standardized form for peer review that is
required by the Board;
(7) Interfaces with law enforcement, the State's attorney, and
community resource groups;
(8) Implements the facility's Board-approved RN-FNE
curricula; and
(9) Facilitates reimbursement for RN-FNE services by
cooperating with the facility's billing department and interacting with
the State reimbursement system.
D. An RN-FNE shall comply with all State and federal statutes
and regulations related to the RN-FNE practice.
PROPOSED ACTION ON REGULATIONS
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MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
.05 Standards for [Instructional] Training Programs.
A. The Board shall approve two [uniform registered nurse-forensic
nurse examiner (RN-FNE) training program curriculums,] RN-FNE
standardized curricula as follows:
(1) An RN-FNE-Adult [training program] curriculum [directed
toward examinations] for the examination of adults and individuals
13 years old or older; and
(2) An RN-FNE-Pediatric [training program] curriculum
[directed toward examinations] for the examination of children who
are younger than 13 years old.
B. The RN-FNE training programs shall:
(1) Teach the Board-approved curriculum in forensic nurse
practice and [sexual assault] forensic evidentiary examinations; and
(2) Submit the qualifications and curriculum vitae of each
faculty member [for] to the Board [approval] for review before
implementation of the [course] training program.
C.—E. (text unchanged)
F. All clinical requirements for an FNE training program shall be
completed within a 12-month period.
G. Faculty Qualifications.
(1) An RN-FNE educator who meets the requirements of this
section or a physician whose credentials demonstrate experience in
the skills required in forensic evidentiary examinations is qualified to
teach both theory and clinical portions of the curriculum and may
serve as clinical preceptor for the clinical practicum of the [Program]
training program.
(2) An RN-FNE educator who teaches in an RN-FNE training
program or is the clinical preceptor of the training program shall:
(a)—(d) (text unchanged)
(3) The clinical preceptor for the clinical practicum of the
training program shall document the clinical competency of the RN-
FNE candidate at the completion of the clinical practicum.
H. (text unchanged)
.06 Certification by Endorsement.
A. Endorsement Applicant.
(1) In addition to the requirement listed in Regulation .03 of
this chapter and COMAR 10.27.01.09, an applicant from another
state applying for certification to practice as a RN-FNE, RN-FNE-P,
or RN-FNE-AP shall:
(a) Meet all applicable requirements in §§B—C of this
regulation;
(b) Provide evidence of an active practice as a sexual
assault nurse examiner which meets the requirements for renewal of
certification as stated in Regulation .07 of this chapter;
(c) Demonstrate competency of a three orifice evidentiary
examination by simulation as verified by a Board approved RN-FNE
educator;
(d) Complete the endorsement process within 6 months from
the date of initial application;
(e) Complete in full the application for certification in the
area of specialization; and
(f) Pay all fees established by the Board in COMAR
10.27.01.02.
(2) An applicant who does not meet the requirements for
renewal under Regulation .07 of this chapter shall complete a Board
approved refresher course which is 6.5 hours of didactic education
including, but is not limited to:
(a) Evidence based best practice for forensic evidentiary
examination;
(b) Evidence collection;
(c) Local jurisdiction requirements; and
(d) Maryland criminal law.
(3) An applicant who fails to meet the criteria for endorsement
shall meet the requirements in Regulation .03 of this chapter.
B. An applicant from another state applying for certification to
practice as a RN-FNE shall submit evidence of prior training and
certification by providing the Board with:
(1) A current national SANE-A or SANE-P certification, or
both, from IAFN; or
(2) Proof of successful completion of a SANE-A or RN-FNE-A,
adult curriculum which is:
(a) Substantially equivalent to the Board’s approved RN-
FNE-A curriculum; and
(b) A minimum of 80 clock hours that includes:
(i) A minimum of 40 clock hours of theory; and
(ii) A minimum of 40 clock hours of clinical experience
with adults and individuals 13 years of age or older.
C. An applicant from another state applying for certification to
practice as a RN-FNE-P or RN-FNE-AP, shall submit proof of
successful completion of the following two curricula:
(1) A SANE-A curriculum as referenced in §A(1) of this
regulation; and
(2) A SANE-P or RN- FNE-P, pediatric curriculum that is:
(a) Substantially equivalent to the Board-approved RN-
FNE-P curriculum; and
(b) A minimum of 62 clock hours of instruction that
includes:
(i) A minimum of 32 clock hours of theory; and
(ii) A minimum of 30 clock hours of pediatric clinical
experience with individuals who are younger than 13 years of age.
.07 Renewal of Certification.
A. (text unchanged)
B. Before the certification to practice as an RN-FNE expires, the
individual may renew for an additional term, if the RN-FNE:
(1)—(2) (text unchanged)
(3) During the previous 12 months, in a facility recognized to
perform sexual assault forensic evidentiary examinations, has either:
(a) Completed the following evidentiary examinations:
(i) If applying for renewal as an RN-FNE-A, three
evidentiary examinations on [adults] adult patients 13 years of age or
older by simulation;
(ii) (text unchanged)
(iii) If applying for renewal as an FNE-AP, three
evidentiary examinations on children who are younger than 13 years
old, and an additional three evidentiary examinations on [adults]
adult patients 13 years of age or older by simulation, for a total of six
evidentiary examinations performed; or
(b) Completed the following requirements:
(i) If applying for renewal as an RN-FNE-A, performed
ten speculum examinations and observed three evidentiary
examinations on [adults] adult patients 13 years of age or older;
(ii) If applying for renewal as a RN-FNE-P, has observed
three evidentiary examinations on children who are younger than 13
years old; [or]
(iii) If applying for renewal as an FNE-AP, [observed]
has observed three evidentiary examinations on children who are
younger than 13 years old, [observed] has observed an additional
three evidentiary examinations on [adults] adult patients 13 years of
age or older, and [perform] performed ten speculum examinations on
[adults] adult patients 13 years of age or older, for a total of six
evidentiary examinations observed and ten speculum examinations
performed; and
(iv) Have a minimum number of cases submitted to peer
review annually in accordance with §C of this regulation.
(4)—(6) (text unchanged)
PROPOSED ACTION ON REGULATIONS
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MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
C. Peer Review.
(1) As a condition of renewal, the following number of cases
shall be submitted to peer review:
(a) Three cases for an RN-FNE-A;
(b) Three cases for an RN-FNE P; and
(c)Three adult cases and three pediatric cases for a total of
six cases for an RN-FNE-AP.
(2) An examination done by simulation may be included in the
cases for peer review.
[C.] D. (text unchanged)
[D.] E. With respect to the requirement set forth in §B(3) of this
regulation, an examination performed on a live model or by
simulation may [not] substitute for evidentiary examinations for
[purposes] the purpose of certificate renewal.
.08 Reinstatement of Certification.
A. If the applicant does not meet the requirements in Regulation
.07 of this chapter, the applicant may apply for re-instatement if the
applicant:
(1) Has a current, active RN license;
(2) Has not practiced as a RN-FNE for more than 36 months;
(3) Has successfully completed a Board-approved refresher
course that is 6.5 hours of didactic instruction for the RN-FNE which
includes, but is not limited to:
(a) Evidence based best practice for forensic evidentiary
examination;
(b) Evidence collection;
(c) Local jurisdiction requirements; and
(d) Maryland criminal law; and
(4) Has demonstrated clinical competency of a three orifice
evidentiary examination for:
(a) An adult patient 13 years of age or older or by
simulation for certification as an RN-FNE-A;
(b) Children younger than 13 years of age for certification
as an RN-FNE-P; or
(c) An adult patient 13 years of age or older by simulation
and by patient examination on children younger than 13 years of age
or older for certification as an RN- FNE-AP.
B. An applicant for reinstatement of certification has 6 months
from the date of initial application to complete the reinstatement
process.
C. An applicant who fails to meet the criteria for reinstatement of
the certification shall meet the requirements in Regulation .03 of this
chapter.
JOSHUA M SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene
Subtitle 42 BOARD OF SOCIAL WORK
EXAMINERS
10.42.09 Disciplinary Sanctions and Monetary
Penalties
Authority: Health Occupations Article, §§19-311 and 19-311.1, Annotated
Code of Maryland
Notice of Proposed Action
[11-384-P]
The Secretary of Health and Mental Hygiene proposes to adopt
new Regulations .01—.06 under a new chapter, COMAR 10.42.09
Disciplinary Sanctions and Monetary Penalties. This action was
considered by the Board of Social Work Examiners at a public
meeting on October 14, 2011, notice of which was given by
publication in 38:21 Md. R. 1334 (October 7, 2011), pursuant to State
Government Article, §10-506(c)(1), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to implement standardized guidelines
for sanctioning licensees who are found by the Board of Social Work
Examiners to be in violation of the Maryland Social Work Act or
COMAR 10.42.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Michele A. Phinney, Director, Office of
Regulation and Policy Coordination, Department of Health and
Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD
21201, or call 410-767-6499; TTY:800-735-2258, or email to
[email protected], or fax to 410-767-6483. Comments will be
accepted through January 30, 2012. A public hearing has not been
scheduled.
.01 Scope.
This chapter establishes standards for sanctions and monetary
penalties not exceeding $5,000 against any social worker in the State
if, after a hearing, the Board finds that there are grounds under
Health Occupations Article, §19-311.1, Annotated Code of
Maryland, to impose a sanction or monetary penalty.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) "Board" means the State Board of Social Work Examiners.
(2) "License" means a license issued by the Board to practice
social work.
(3) "Licensee" means a social worker who is licensed by the
Board to practice social work.
(4) "Penalty" means monetary penalty.
(5) “Sanction” means a formal disciplinary action against a
license such as a reprimand, probation, suspension or revocation.
.03 Imposition of a Penalty after a Hearing.
If, after a hearing under Health Occupations Article, §19-312,
Annotated Code of Maryland, the Board finds that there are grounds
under Health Occupations Article, §19-311, Annotated Code of
Maryland, to suspend or revoke a license, the Board may impose a
penalty as set forth in this chapter:
A. Instead of, or in addition to, suspending the license; or
B. In addition to revoking the license.
.04 Guidelines for Disciplinary Sanctions and Imposition of
Penalties.
A. Subject to the provisions of this section, the Board may impose
sanctions and penalties for violations of the Maryland Social
Workers Act and its regulations according to the guidelines set forth
in the following chart:
PROPOSED ACTION ON REGULATIONS
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MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
VIOLATION
Minimum
SANCTION/PENALTY
Maximum
SANCTION/PENALTY
(1) Fraudulently
or deceptively
obtains, attempts
to obtain
Active suspension for
90 days, or $1,000
fine, or both
Denial of a license
application or
revocation,
or $5,000 fine, or both
(2) Fraudulently
uses a license
Active suspension for
90 days, or $1,000
fine, or both
Denial of a license
application or
revocation,
or $5,000 fine, or both
(3) Physical or
mental
incompetence
Probation of 1 year Denial of license
application or
revocation
(4) Commits any
act of gross
negligence,
incompetence, or
misconduct in the
practice of social
work
Probation for 1 year,
or $500 fine, or both
Revocation, or $5,000
fine, or both
(5) Knowingly
violates any
provision of
Health
Occupations
Article, Title 19,
Annotated Code of
Maryland
Probation for 1 year,
or $500 fine, or both
Revocation, or $5,000
fine, or both
(6) Engages in a
course of conduct
that is inconsistent
with generally
accepted
professional
standards in the
practice of social
work
Probation for 1 year,
or $500 fine, or both
Revocation, or $5,000
fine, or both
(7) Violates any
provision of this
title or regulations
governing the
practice of social
work adopted and
published by the
Board
Reprimand, or $100
fine, or both
Revocation, or $5,000
fine, or both
(8) Is convicted of
or pleads guilty or
nolo contendere to
a felony or crime
of moral turpitude
Probation for 1 year,
or $500 fine, or both
Denial of license
application or
revocation, or $5,000
fine, or both
(9) Provides
professional
services while:
under the
influence of
alcohol; or using
any narcotic or
controlled
dangerous
substance
Probation for 1 year,
or $1,000 fine, or both
Revocation, or $5,000
fine, or both
(10) Reciprocal
discipline
Reprimand, or $100
fine, or both
Denial of license
application or
revocation, or $5,000
fine, or both
(11) Practices
social work with
an unauthorized
person or
supervises or aids
an unauthorized
person in the
practice of social
work
Reprimand, or $500
fine,
or both
Revocation, or $5,000
fine, or both
(12) Knowingly
makes or files a
false report in the
practice of social
work
Probation for 1 year,
or $1,000 fine, or both
Revocation, or $5,000
fine, or both
(13) Knowingly
fails to file or
record any report
as required under
law
Reprimand, or $100
fine, or both
Revocation, or $5,000
fine, or both
(14) Knowingly
fails to report
suspected child
abuse in violation
of Family Law
Article, §5-704,
Annotated Code of
Maryland
Reprimand, or $100
fine, or both
Revocation, or $5,000
fine, or both
(15) Submits a
false statement to
collect a fee
Probation for 1 year,
or $1,000 fine, or both
Revocation, or $5,000
fine, or both
(16)
Discrimination
Reprimand, or $100
fine, or both
Probation for 2 years,
or $1,000 fine, or both
(17) Failure to
cooperate with a
lawful
investigation
conducted by the
Board
Reprimand, or $100
fine, or both
Denial of license
application or
revocation, or $5,000
fine, or both
(18)
Exploitation/undue
influence
Active suspension for
1 year, or $1,000 fine,
or both
Revocation, or $5,000
fine, or both
(19) Knowingly
fails to report
suspected abuse or
neglect of a
vulnerable adult in
violation of
Criminal Law
Article, §3-604 or
3-605, Annotated
Code of Maryland
Reprimand, or $100
fine, or both
Revocation, or $5,000
fine, or both
(20) Fails to
comply with the
requirements of
any order entered
by the Board
Reprimand, or $1,000
fine, or both
Denial of license
application or
revocation, or $5,000
fine, or both
(21) Record-
keeping violations
Reprimand Probation for 2 years
(22) Sexual
misconduct or
Reprimand, or $100
fine, or both
Revocation, or $5,000
fine, or both
PROPOSED ACTION ON REGULATIONS
1781
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
boundary
violations within
the professional
relationship
(23) Violations of
COMAR 10.42.03
Code of Ethics
Reprimand, or $100
fine, or both
Revocation, or $5,000
fine, or both
B. If a licensee is found in violation of more than one category
enumerated in this chapter, the category or categories containing the
highest maximum sanction and penalty shall prevail.
C. Notwithstanding the guidelines set forth in this chapter, in
order to resolve a pending disciplinary action, the Board and
licensee may agree to a surrender of license or a consent order with
terms, sanction, and penalty agreed to by the Board and the licensee.
D. A departure from the guidelines set forth in this chapter alone
is not grounds for any hearing or appeal of a Board action.
.05 Mitigating and Aggravating Factors to be Considered in the
Assessment of the Sanction.
Depending on the facts and circumstances of each case, and to the
extent that they apply, the Board may consider the following
aggravating and mitigating factors in determining whether the
sanction in a particular case should fall outside the range of
sanctions established by the guidelines. These factors may include,
but are not limited to, the following:
A. Mitigating Factors:
(1) The licensee’s lack of a prior disciplinary record;
(2) The licensee self-reported the violation to the Board;
(3) The licensee’s full and voluntary admissions of misconduct
to the Board and cooperation during Board proceedings;
(4) Implementation of remedial measures to correct or mitigate
harm arising from the misconduct;
(5) Timely good-faith effort to make restitution or to rectify
consequences of misconduct;
(6) Evidence of rehabilitation or rehabilitative potential;
(7) Absence of premeditation to commit the misconduct;
(8) Absence of potential harm to public or adverse impact; and
(9) The licensee’s conduct was an isolated incident and not
likely to recur.
B. Aggravating Factors:
(1) The licensee has a previous criminal or administrative
disciplinary history;
(2) The violation was committed deliberately or with gross
negligence or recklessness;
(3) The violation had the potential for, or caused, serious
patient or public harm;
(4) The violation was part of a pattern of detrimental conduct;
(5) The licensee was motivated to perform the violation for
financial gain;
(6) The vulnerability of the clients;
(7) The licensee lacked insight into the wrongfulness of the
conduct;
(8) The licensee committed the violation under the guise of
treatment; and
(9) Previous attempts at rehabilitation of the licensee were
unsuccessful.
C. The existence of one or more of these factors does not impose
on the Board or an Administrative Law Judge any requirement to
articulate its reasoning for not exercising its discretion to impose a
sanction outside of the range of sanctions set forth in this chapter.
D. Nothing in this regulation requires the Board or an
Administrative Law Judge to make findings of fact with respect to any
of these factors.
.06 Payment of Penalty.
A. A licensee shall pay to the Board a penalty imposed under this
chapter as of the date the Board's order is issued, unless the Board's
order specifies otherwise.
B. Filing an appeal under State Government Article, §10-222,
Annotated Code of Maryland, or Health Occupations Article, §19-
313, Annotated Code of Maryland, does not automatically stay
payment of a penalty imposed by the Board under this chapter.
C. If a licensee fails to pay, in whole or in part, a penalty imposed
by the Board under this chapter, the Board may not restore, reinstate,
or renew a license until the penalty has been paid in full.
D. In its discretion, the Board may refer all cases of delinquent
payment to the Central Collection Unit of the Department of Budget
and Management to institute and maintain proceedings to ensure
prompt payment.
E. The Board shall pay all monies collected under this chapter
into the State's General Fund.
JOSHUA M. SHARFSTEIN, MD
Secretary of Health and Mental Hygiene
Title 14
INDEPENDENT AGENCIES
Subtitle 09 WORKERS'
COMPENSATION COMMISSION
14.09.01 Procedural Regulations
Authority: Authority: Health-General Article, §4-303; Labor and Employment Article, §§9-307, 9-309, 9-310.2, 9-314, 9-404, 9-405, 9-410, 9-603, 9-625, 9-
635, 9-689, 9-701, 9-709, 9-710, 9-711, 9-721, 9-731, 9-739, and 9-6A-07;
Insurance Article, §§19-405 and 19-406; State Government Article, §10-1103; Annotated Code of Maryland
Notice of Proposed Action
[11-323-P]
The Workers' Compensation Commission proposes to amend
Regulation .06 and adopt new Regulation .06-1 under COMAR
14.09.01 Procedural Regulations. This action was considered at an
open meeting held on November 10, 2011, notice of which was given
by publication in 38:22 Md. R. (October 21, 2011) pursuant to State
Government Article §10-506(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to implement the statutory changes
made by the General Assembly in the 2011 Session laws, Chapter
436. These statutory changes, effective October 1, 2011, concern the
death benefits paid to surviving dependents. The law also enables
counties and municipal governments to opt in to the new death
benefits scheme
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.
PROPOSED ACTION ON REGULATIONS
1782
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
Opportunity for Public Comment
Comments may be sent to Amy S. Lackington, Administrator,
Workers' Compensation Commission, 10 E. Baltimore Street,
Baltimore, MD 21202, or call 410-864-5300, or email to
[email protected], or fax to 410-864-5301. Comments
will be accepted through January 30, 2012. A public hearing has not
been scheduled.
Editor’s Note: The text of this document will not be printed here
because it appeared as a Notice of Emergency Action in 38:23 Md. R.
1417—1418 (November 4, 2011), referenced as [11-323-E].
R. KARL AUMANN
Chairman
Workers’ Compensation Commission
Title 20
PUBLIC SERVICE
COMMISSION
Subtitle 61 RENEWABLE ENERGY
PORTFOLIO STANDARD PROGRAM
20.61.02 Certifiable Renewable Energy Facilities
Authority: Public Utilities Article, §§2-121, 5-101, and 7-701 - 7-713,
Annotated Code of Maryland
Notice of Proposed Action
[11-386-P]
The Public Service Commission proposes to amend Regulation
.01 under COMAR 20.61.02 Certifiable Renewable Energy
Facilities. This action was considered at a scheduled rule making
meeting on November 16, 2011, notice of which was given under
State Government Article, §10-506, Annotated Code of Maryland
Statement of Purpose
The purpose of this action is to comply with House Bill 933
establishing a mechanism to process applications applying for a
Renewable Energy Facility (REF) certificate for an owner/operator of
a solar water heating system commissioned on or after June 1, 2011
to qualify as a Renewable Energy Facility under certain terms and
conditions.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. Two persons are required to
be employed to operate the process that will be used to issue
Renewable Energy Facility Certificates.
Revenue (R+/R-)
II. Types of Economic
Impact.
Expenditure
(E+/E-) Magnitude
A. On issuing agency: (E+) Indeterminable
B. On other State agencies: NONE
C. On local governments: NONE
Benefit (+)
Cost (-) Magnitude
D. On regulated industries
or trade groups: NONE
E. On other industries or
trade groups: NONE
F. Direct and indirect
effects on public: NONE
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
A. The agency must hire two people to operate the process that
will be used to issue Renewable Energy Facility Certificates
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
business. An analysis of this economic impact follows.
Small businesses will reap the benefits of additional business
opportunities due to the incentives provided by certification of Solar
Water Heating Systems.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to David J. Collins, Executive Secretary,
Public Service Commission, William Donald Schaefer Tower, 6 St.
Paul Street, Baltimore, Maryland 21202-6806, or call 410-767-8067.
Comments will be accepted through January 30, 2012. A public
hearing has not been scheduled.
.01 Application Requirements.
A.—D. (text unchanged)
E. In addition to the requirements of §A of this regulation, an
owner and operator applicant for certification as a renewable energy
facility that consists of glazed liquid-type flat-plate or tubular solar
collectors for a solar water heating system installed for residential
use, and commissioned on or after June 1, 2011, shall file:
(1) A Project Owner/Installer Affidavit;
(2) A copy of the local building permit final approval; and
(3) The system technical documentation:
(a) A copy of the SRCC OG-300 System Specification with
annual estimated energy savings; or
(b) The system component specifications including:
(i) A copy of the SRCC OG-100 Collector Thermal
Performance Rating; and
(ii) The manufacturer and model number of the on-site
meter that meets the required performance standards of the
International Organization of Legal Metrology and measures the
energy savings of a single tank system on the solar loop of the system.
PROPOSED ACTION ON REGULATIONS
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MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
F. In addition to the requirements of §A of this regulation, an
owner and operator applicant for certification as a renewable energy
facility that consists of glazed liquid-type flat-plate or tubular solar
collectors for a solar water heating system installed for non-
residential and commercial use, and commissioned on or after June
1, 2011, shall file:
(1) A Project Owner/Installer Affidavit;
(2) A copy of the local building permit final approval; and
(3) The system component specifications including:
(a) A copy of the SRCC OG-100 Collector Thermal
Performance Rating; and
(b) The manufacturer and model number of the on-site meter
that meets the required performance standards of the International
Organization of Legal Metrology.
DAVID J. COLLINS
Executive Secretary
Public Service Commission
Title 26
DEPARTMENT OF THE
ENVIRONMENT
Subtitle 16 LEAD
Notice of Proposed Action
[11-380-P]
The Secretary of the Environment proposes to:
(1) Amend Regulations .02, .03, and .11 under COMAR
26.16.01 Accreditation and Training for Lead Paint Abatement
Services;
(2) Amend Regulations .03 and .07 under COMAR 26.16.02
Reduction of Lead Risk in Housing; and
(3) Amend Regulation .08 under COMAR 26.16.05
Procedures for Performing Lead Abatement Services .
Statement of Purpose
The purpose of this action is to implement the provisions of HB
1033 Environment - Risk in Housing - Risk Reduction Standards
adopted following the 2011 Session of the Maryland General
Assembly.
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
Estimate of Economic Impact
I. Summary of Economic Impact. Some residential pre-1950
rental property owners may incur additional costs but will be
minimal. Approximately 76 percent of the lead risk reduction
inspection certificates issued each year is for the lead contaminated
dust test. Twenty-four percent of the certificates issued is for the
visual inspection. Under the new law, the visual inspection is not
allowed for a full risk reduction certificate. Thus for 24 percent of the
property owners using the visual inspection, they will now be
required to use the dust test. This change may or may not be an
additional expense. The dust test will cost on average $300 each time
it is performed. The visual inspection on average is $125 each time
performed. However, the price for the visual inspection can increase
depending on the integrity of past lead hazard reduction treatments.
That is, additional cost can be incurred if the previous hazard
treatments, such as encapsulating window sills and rehanging doors,
must be repeated. It is not possible to determine a definitive
economic impact but overall it appears to be minimal given that the
vast majority of property owners already use the lead dust test.
Revenue (R+/R-)
II. Types of Economic
Impact.
Expenditure
(E+/E-) Magnitude
A. On issuing agency: NONE
B. On other State
agencies: NONE
C. On local
governments: NONE
Benefit (+)
Cost (-) Magnitude
D. On regulated
industries or trade groups: (-)
Minimal (not
quantifiable)
E. On other industries or
trade groups: NONE
F. Direct and indirect
effects on public: NONE
III. Assumptions. (Identified by Impact Letter and Number from
Section II.)
D. Approximately 76 percent of the lead risk reduction inspection
certificates issued each year is for the lead contaminated dust test.
Twenty-four percent of the certificates issued is for the visual
inspection. Under the new law, the visual inspection is not allowed
for a full risk reduction certificate. Thus for 24 percent of the
property owners using the visual inspection, they will now be
required to use the dust test and may incur some additional cost.
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 Alvin Bowles, Program Manager, Lead
Poisoning Prevention Program, Maryland Department of the
Environment, 1800 Washington Blvd., Ste. 630, Baltimore, MD 21230-
1719, or call 410-537-3441, or email to [email protected], or fax
to 410-537-3156. Comments will be accepted through January 30, 2012.
A public hearing has not been scheduled.
26.16.01 Accreditation and Training for Lead
Paint Abatement Services
Authority: Environment Article, §§1-404, 6-818, 6-851, 6-852, 6-1001—6-1005, 7-206—7-208, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged).
B. Terms Defined.
(1)—(7) (text unchanged)
(8) "Lead hazard reduction treatment" means any [of the lead
hazard reduction treatments described in Environment Article, §6-
815, Annotated Code of Maryland, or any modified lead hazard
reduction treatment described in Environment Article, §6-819,
PROPOSED ACTION ON REGULATIONS
1784
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
Annotated Code of Maryland.] work that disturbs a lead-containing
substance in an Affected Property as defined in Environment Article,
§6-801, Annotated Code of Maryland.
(9)—(27) (text unchanged)
.03 Applicability of this Chapter.
A.—E. (text unchanged)
F. The Following activities are not subject to the regulations of
this chapter:
(1) An owner performing lead hazard reduction treatments [as
described in Environment Article, 6-815 and 6-819, Annotated Code
of Maryland,] in the owner-occupied dwelling unit; or
(2) (text unchanged)
G. (text unchanged)
.11 Contractor/Supervisor Performance Standards for
Residential Buildings and Child Care Centers.
A. Except for performance of lead hazard reduction treatments
[described in Environment Article, §§6-815 and 6-819, Annotated
Code of Maryland], persons performing lead paint abatement services
shall ensure that the provision of lead paint abatement services
involving residential buildings and child care centers conforms to
COMAR 26.02.07.
A-1.—B. (text unchanged)
C. Risk Reduction Work Practices.
(1) Notwithstanding the provisions of COMAR 26.02.07, lead
hazard reduction treatments [specified in Environment Article, §6-
815 or 6-819, Annotated Code of Maryland,] shall be performed in
conformance with this section.
(2)—(9) (text unchanged)
[(10) Notification of the Department.
(a) Within 2 business days following completion of lead
hazard reduction treatments in a rental unit, the visual inspector or
risk assessor shall notify the Department by telephone or facsimile
that the work has been completed.
(b) The visual inspector or lead paint risk assessor may send
a copy of the report of a visual inspection specified in COMAR
26.16.02.03C, with a postmark or other evidence of transmittal dated
not more than 2 working days following the inspection, to the
Department within 2 business days, instead of notification by
telephone or facsimile.
(c) Upon notification of completed work, the Department or
the Department's designee may:
(i) Conduct an audit, under provisions of Environment
Article, §§6-851 and 6-852, Annotated Code of Maryland, of the
completed work;
(ii) Record observations and collect dust samples for
laboratory analysis to evaluate the effectiveness of the risk reduction
treatments in accordance with Environment Article, §6-810,
Annotated Code of Maryland, and to determine if lead dust levels
present a threat of acute danger to public health or to the
environment.]
[(11)] (10) (text unchanged)
26.16.02 Reduction of Lead Risk in Housing
Authority: Environment Article, §§1-404, 6-801—6-852, and 6-1001—6-1005, Annotated Code of Maryland
.03 Certificate to Verify Satisfaction of the Risk Reduction
Standard.
A. The owner of a rental property [may choose to verify
compliance with the risk reduction standard of Environment Article,
§6-815 or 6-819, Annotated Code of Maryland, by either:] shall:
(1) [An] Verify compliance with the risk reduction standard of
Environment Article, §6-815, Annotated Code of Maryland, by an
inspection for lead-contaminated dust, as specified in §B of this
regulation, [if no interior or exterior surfaces of the affected property
have chipping, peeling, or flaking paint; or] provided that any
chipping, peeling, or flaking paint has been removed or repainted on
the exterior painted surfaces of the residential building in which the
rental dwelling unit is located and the interior painted surfaces of the
rental dwelling unit; or by satisfaction of the requirements in §A(2)
of this regulation; and
(2) [A visual inspection, as specified in §C of this regulation, to
verify compliance with required lead hazard reduction
treatments.]Verify compliance with the risk reduction standard of
Environment Article, §6-819, Annotated Code of Maryland, by a
visual inspection as specified in §C of this regulation, to verify
compliance with the required lead hazard reduction treatments, and
an inspection for lead-contaminated dust, as specified in §B of this
regulation.
B. Inspection for Lead-Contaminated Dust.
(1) To satisfy the [risk reduction standard of] test for lead-
contaminated dust under Environment Article, §6-815 or 6-819,
Annotated Code of Maryland, an accredited lead paint visual
inspector or lead paint risk assessor may issue a certificate of
satisfactory lead dust inspection following the laboratory analysis of
dust samples that meet the levels in Regulation .02B(6) of this
chapter.
(2)—(13) (text unchanged)
C. Visual Inspection.
(1) An accredited lead paint visual inspector or lead paint risk
assessor may conduct a visual inspection to certify compliance with
the risk reduction standard of Environment Article, §[6-815 or] 6-
819, Annotated Code of Maryland.
(2) An accredited lead paint inspection contractor [may] shall
issue a certificate of compliance with the risk reduction standard
based on:
(a) A visual inspection of all interior and exterior surfaces of
the dwelling unit that establishes performance of all applicable lead
hazard reduction treatments required by Environment Article, §[6-
815 or] 6-819, Annotated Code of Maryland; and
(b) Receipt of a statement with original signature, signed by
the accredited supervisor overseeing performance of the lead hazard
reduction treatments, that all lead hazard reduction treatments were
conducted in accordance with the requirements of Environment
Article, §[6-815 or] 6-819, as applicable, and COMAR 26.16.01.11.
(3)—(6) (text unchanged)
(7) The lead paint inspection contractor shall submit a copy of
the certificate of compliance, with a completed copy of the inspection
report, to the Department within 10 calendar days following [an
inspection] receipt of the laboratory analysis of the dust samples.
D. (text unchanged)
.07 Encapsulant Coating of Lead-Based Paint.
A. Application of an encapsulant coating used to meet risk
reduction standards under Environment Article, [§6-815(a)(2)(iv) or
6-891(a)(4)] §6-819(a)(2), Annotated Code of Maryland, shall
conform to the standards of this regulation.
B.—D. (text unchanged)
PROPOSED ACTION ON REGULATIONS
1785
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
26.16.05 Procedures for Performing Lead
Abatement Services
Authority: Environment Article, §§1-404, 6-801—6-852, 6-1001—6-1005,
and 7-206—7-208, Annotated Code of Maryland
.08 Visual Inspections Performed to Verify Compliance with
Environment Article, Title 6, Subtitle 8, Annotated Code
of Maryland.
A. (text unchanged)
[B. Full risk reduction certificates of compliance issued under
Environment Article, §6-815, Annotated Code of Maryland, the
MDE 330 form, based on a visual inspection performed under this
regulation shall be accompanied by a supervisor's statement of work,
signed by the accredited supervisor responsible for the lead
abatement work.]
[C.] B. Modified risk reduction certificates of compliance issued
under Environment Article, §6-819, Annotated Code of Maryland,
the MDE 330 form, based on a visual inspection performed under this
regulation shall be accompanied by a supervisor's statement of work,
signed by the accredited supervisor responsible for the lead
abatement work [or the tenant residing in the property.] and a report
prepared by an accredited inspector as required in COMAR
26.16.02.
[D.] C. [Risk] Modified risk reduction inspections based on a
visual inspection shall verify the following:
(1)—(2) (text unchanged)
(3) [Windowsills have been completely stripped and repainted,]
All interior windowsills where lead based paint or untested paint
exists have been repainted, [or] replaced or encapsulated with vinyl,
metal, or other material, in a manner and under conditions approved
by the Department;
(4) [Window] All window wells where lead based paint or
untested paint exists are smooth and cleanable and have been capped
with vinyl, aluminum, or other materials in a manner and under
conditions approved by the Department;
(5) [All] Subject to federal, State or local fire code standards,
all nonreplacement and untreated windows have the top sash fixed to
eliminate the friction caused by movement of the top sash;
(6) (text unchanged)
[(7) Except for modified risk reduction inspections performed
under Environment Article, §6-819, Annotated Code of Maryland, all
bare floors are smooth and cleanable;]
[(8)] (7)—[(9)] (8) (text unchanged)
(9) Notification of the Department.
(a) Within 2 business days following completion of lead
hazard reduction treatments in a rental unit, the visual inspector or
risk assessor shall notify the Department by telephone or facsimile
that the work has been completed.
(b) The visual inspector or lead paint risk assessor may send
a copy of the report of a visual inspection specified in COMAR
26.16.02.03C, with a postmark or other evidence of transmittal dated
not more than 2 working days following the inspection, to the
Department instead of notification by telephone or facsimile.
(c) Upon notification of completed work, the Department or
the Department's designee may:
(i) Conduct an audit, under provisions of Environment
Article, §§6-851 and 6-852, Annotated Code of Maryland, of the
completed work;
(ii) Record observations and collect dust samples for
laboratory analysis to evaluate the effectiveness of the risk reduction
treatments in accordance with Environment Article, §6-810,
Annotated Code of Maryland, and to determine if lead dust levels
present a threat of acute danger to public health or to the
environment.
ROBERT M. SUMMERS
Secretary of the Environment
1786
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
Errata
COMAR 08.04.09.01 At 38:19 Md. R. 1154 (September 9, 2011), column 1, line 15
from the top:
For: [(a)] (1) [The applicant or licensee has made any]
Licensee
Read: (a) [The applicant or licensee has made any] Licensee
At 38:19 Md. R. 1154 (September 9, 2011), column 1, line 18
from the top:
For: [(b)] (2) [The applicant] Applicant does not meet or
licensee
Read: (b) [The applicant] Applicant does not meet or licensee
At 38:19 Md. R. 1154 (September 9, 2011), column 1, line 22
from the top:
For: [(c)] (3) [The applicant or licensee] Licensee has
collected
Read: (c) [The applicant or licensee] Licensee has collected
[11-27-26]
COMAR 12.12.30 At 38:24 Md. R. 1496 (November 18, 2011), column 1, lines 11—
17 from the top:
For: The Joint Committee on Administrative, Executive, and
Legislative Review has granted emergency status to the
repeal of existing Regulations .02—.09, .12, .13, .16, .18,
.19, .26, .31, .35, and .36, the adoption of new
Regulations .02—.09, .12, .13, .16, .18, .19, .26, .31, .35,
and .36, and amendments to Regulations .15, .17, .20—
.25, .27, .30, .32, .33, .34, .37, and .39 under COMAR
12.12.30 Inmate Discipline.
Read: The Joint Committee on Administrative, Executive, and
Legislative Review has granted emergency status to the
repeal of existing Regulations .02—.05, .09, .13, .16, .18,
.19, .26, .31, .32, , 34, and .35, the adoption of new
Regulations .02—.05, .09, .13, .16, .18, .19, .26, .31, .32,
, 34, and .35, and amendments to Regulations .07, .08,
.12, .15, .17, .20, .21—.25, .27, .30, .33, .36, .37, and .39
under COMAR 12.12.30 Inmate Discipline.
At 38:24 Md. R. 1518 (November 18, 2011), column 1, lines 11—
16 from the top:
For: The Secretary of Public Safety and Correctional Services
proposes to repeal existing Regulations .02—.09, .12,
.13, .16, .18, .19, .26, .31, .35, and .36, adopt new
Regulations .02—.09, .12, .13, .16, .18, .19, .26, .31, .35,
and .36, and amend Regulations .15, .17, .20—.25, .27,
.30, .32, .33, .34, .37, and .39 under COMAR 12.12.30
Inmate Discipline.
Read: The Secretary of Public Safety and Correctional Services
proposes to repeal existing Regulations .02—.05, .09,
.13, .16, .18, .19, .26, .31, .32, , 34, and .35, the adoption
of new Regulations .02—.05, .09, .13, .16, .18, .19, .26,
.31, .32, , 34, and .35, and amendments to Regulations
.07, .08, .12, .15, .17, .20, .21—.25, .27, .30, .33, .36, .37,
and .39 under COMAR 12.12.30 Inmate Discipline.
[11-27-40]
1787
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
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.
BOARD OF ACUPUNCTURE
Subject: Public Hearing on Regulations
Date and Time: January 10, 2012, 1 — 4
p.m.
Place: 4201 Patterson Ave., Baltimore,
MD
Contact: Cynthia Dobbins (410) 764-4766
[11-27-02]
MARYLAND STATE ARTS COUNCIL
Subject: Public Meeting
Date and Time: January 27, 2012, 9 a.m.
— 12 p.m.
Place: Maryland State Arts Council
Offices, 175 W. Ostend St., Baltimore, MD
Contact: Ms. Keena Stephenson (410)
767-8832
[11-27-36]
MARYLAND STATE ARTS COUNCIL
Subject: Public Meeting
Date and Time: March 20, 2012, 9 a.m. —
3 p.m.
Place: Maryland State Arts Council
Offices, 175 W. Ostend St., Baltimore, MD
Contact: Ms. Sharon Blake (410) 767-
6536
[11-27-29]
MARYLAND STATE ARTS COUNCIL
Subject: Public Meeting
Date and Time: March 28, 2012, 8:30 a.m.
— 5 p.m.
Place: Maryland State Arts Council, 175
W. Ostend St., Ste. E, Baltimore , MD
Contact: Mr. Cliff Murphy (410) 767-6450
[11-27-28]
CANAL PLACE PRESERVATION
AND DEVELOPMENT AUTHORITY
Subject: Public Meeting
Date and Time: January 17, 2012, 1:30 —
3:30 p.m.
Place: 13 Canal Street, Room 302,
Cumberland, MD
Add'l. Info: Meetings are held the third
Tuesday of each month. Notices are posted
in the entryway elevator tower of the
Western MD Railway Station.
Contact: Renee A. Bone (301) 724-3655
[11-27-43]
ADVISORY COUNCIL ON
CEMETERY OPERATIONS
Subject: Public Meeting
Date and Time: January 26, 2012, 10 a.m.
— 1 p.m.
Place: Department of Labor, Licensing,
and Regulation, AIDS Administration, 500
N. Calvert St., 2nd Fl. Conf. Rm.,
Baltimore, MD
Contact: Patricia Tress (410) 230-6229
[11-27-22]
BOARD FOR THE CERTIFICATION
OF RESIDENTIAL CHILD CARE
PROGRAM ADMINISTRATORS
Subject: Public Meeting
Date and Time: January 13, 2012, 9:30
a.m. — 12 p.m.; Snow Date: January 20,
2012
Place: 4201 Patterson Ave., Rm. 105,
Baltimore, MD
Contact: Carol Johnson (410) 764-5996
[11-27-15]
BOARD OF CHIROPRACTIC AND
MASSAGE THERAPY EXAMINERS
Subject: Public Meeting
Date and Time: January 12, 2012, 10 a.m.
— 1 p.m.
Place: Dept. of Health and Mental
Hygiene, 4201 Patterson Ave., Rm.
108/109, Baltimore, MD
Contact: Maria Ware (410) 764-5902
[11-27-37]
COMPTROLLER OF THE
TREASURY
Subject: Announcement
Add'l. Info: Comptroller of Maryland,
Administration and Finance, Reinstatement
of Bond Authorization Announcement
Background: That the Board of Public
Works—with respect to the Green House at
Stadium Place Loan of 2009—abrogate its
approval of the cancellation of a general
obligation bond authorization and reduction
of State spending authority for the project.
Reference is made to Secretary’s Agenda
Item 6.H (Oct. 5, 2011) in which the Board
approved the Comptroller’s request in the
amount of $1,055,000.
The 2009 MCCBL (Chapter 485, 2009
Laws of Maryland) requires that the
proceeds of this loan must be expended or
encumbered by the Board of Public Works
no later than June 1, 2011. If any funds
authorized by the 2009 Act remain
unexpended or unencumbered after June 1,
2011, that amount is to be canceled and of
no further effect. However, as to the Green
House at Stadium Place funding, a relevant
portion of the 2009 MCCBL provides until
June 1, 2016, for the Board of Public
Works to expend or encumber it.
Consequently, this project should not have
been presented to the Board for
cancellation. Approval of this Item will re-
establish the bond authorization and,
concomitantly, increase the State’s
spending authority.
Therefore, with Board of Public Works
approval of item #6, dated December 7,
2011, we submit for publication the
following reinstatement of bond
authorization:
GREEN HOUSE at Stadium Place Loan
of 2009: Ch. 485 Acts of 2009; $1,055,000;
authorized proceeds for the acquisition,
design, construction, and capital equipping
of a long-term care facility at Stadium
Place located in Baltimore.
Rehena L. Rentuma
Fiscal Specialist
Administration and Finance
Comptroller of Maryland, Administration
and Finance, Reduction of Bond
Authorization Announcement
Pursuant to State Finance and
Procurement Article, §8-128, Annotated
Code of Maryland, which provides that if
within 2 years after the date of an
authorization of State debt no part of the
project or program for which the enabling
act authorized the State debt is under
contract and the Board of Public Works has
not committed money for any part of the
project or program, the authorization
terminates unless:
(1) The enabling act provides otherwise;
or
GENERAL NOTICES
1788
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
(2) In an emergency, the Board
unanimously grants a temporary exception
for a period of 1 year.
Therefore, with Board of Public Works
approval of item #10B, dated December 7,
2011, we submit for publication the
following cancellation of bond
authorizations in accordance with the
above-referenced article:
MCCBL of 2004—CBWQ Non Point
Source Storm Water Pollution Control: Ch.
432, Acts of 2004; $32.00; to provide not
more than $500,000 in grants for non-point
source storm water pollution control.
Rehena L. Rentuma
Fiscal Specialist
Administration and Finance
Contact: Rehena Rentuma (410) 260-7851
[11-27-27]
GOVERNOR'S OFFICE OF CRIME
CONTROL AND PREVENTION
Subject: Public Meeting
Date and Time: January 9, 2012, 3 — 5
p.m.
Place: Baltimore Co. Loch Raven Library,
Baltimore, MD
Contact: Debra Arnold (410) 821-2852
[11-27-06]
GOVERNOR'S OFFICE OF CRIME
CONTROL AND PREVENTION
Subject: Public Meeting
Date and Time: March 12, 2012, 3 — 5
p.m.
Place: Baltimore Co. Loch Raven Library,
Baltimore, MD
Contact: Debra Arnold (410) 821-2852
[11-27-07]
GOVERNOR'S OFFICE OF CRIME
CONTROL AND PREVENTION
Subject: Public Meeting
Date and Time: May 14, 2012, 3 — 5 p.m.
Place: Baltimore Co. Loch Raven Library,
Baltimore, MD
Contact: Debra Arnold (410) 821-2852
[11-27-08]
OFFICE OF PUBLIC DEFENDER
Subject: Public Meeting
Date and Time: January 5, 2012, 3 — 4:30
p.m.
Place: Judiciary Education and Conf.
Center, Conf. Rm. 2, Annapolis, MD
Contact: Monique Cheatham (410) 767-
8474
[11-27-47]
BOARD OF DIETETIC PRACTICE
Subject: Public Meeting
Date and Time: January 19, 2012, 12:30
— 3:30 p.m.
Place: 4201 Patterson Ave., Rm. 110,
Baltimore, MD
Contact: Lenelle Cooper (410) 764-4733
[11-27-16]
MARYLAND STATE BOARD OF
EDUCATION
Subject: Public Meeting
Date and Time: January 24, 2012, 9 a.m.
— 5 p.m.; January 25, 2012, 9 a.m. — 12
p.m. (Tentative)
Place: 200 W. Baltimore St., Baltimore,
MD
Add'l. Info: The State Board of Education
is pleased to receive oral public comment
at each of its regular monthly meetings. In
order to allow the State Board sufficient
time for its other business, the total time
allotted to public comment will generally
be limited to 30 minutes. Individuals
seeking to speak to the Board will
be given 3 minutes each. Persons
desiring to speak to the State Board
must call (410-767-0467) or email
([email protected]) the Board
office no earlier than 1 week prior to the
meeting to register to speak. Registration
will be accepted on a first-come, first-
served basis. In order to make the limited
time available most effective, speakers are
urged to provide multiple written copies of
their comments or other material
amplifying their views.
Contact: Charlene L. Necessary (410) 767-
0467
[11-27-21]
BOARD OF MASTER
ELECTRICIANS
Subject: Public Meeting
Date and Time: February 28, 2012, 10
a.m. — 12 p.m.
Place: 500 N. Calvert St., Baltimore, MD
Contact: Gae Herzberger (410) 230-6163
[11-27-20]
BOARD FOR PROFESSIONAL
ENGINEERS
Subject: Public Meeting
Date and Time: January 12, 2012, 9 a.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Pamela J.Edwards (410) 230-
6262
[11-27-39]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE/OFFICE OF
HEALTH SERVICES
Subject: Maryland Medicaid Rate
Reduction
Add'l. Info: The Secretary of Health and
Mental Hygiene proposes to amend
Maryland Medicaid regulations effective
January 1, 2012, in order to reduce certain
provider reimbursement rates in accordance
with the budget appropriation to achieve
savings in Fiscal Year 2012.
Current rates for the following services
will be reduced from 98 percent to 90
percent of Medicare’s rate. Disposable
medical supply and durable medical
equipment services will be reduced by
$1,449,710, and reimbursement of oxygen
and related respiratory services will be
reduced by $81,554.
The current rates for air transport
services will be reduced from the base rate
of $2,300 to $1,500 and the per-air-mile
rate of $30 to $20 per air mile. Air
transport services will be reduced by
$348,710.
Copies of the amendments may be
obtained by calling 410-767-0579 or faxing
410-333-5154 and are available for public
review at the local health department in
each county and Baltimore City. Written
comments may be sent to Lisa N. Fassett,
Office of Health Services, DHMH, 201
West Preston Street, Room 128D,
Baltimore, Maryland 21201, or fax to 410-
333-5154 or call 410-767-0579 or email to
Contact: Lisa N. Fassett (410) 767-0579
[11-27-23]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE/OFFICE OF
HEALTH SERVICES
Subject: Payment procedure for
Freestanding Birth Centers
Add'l. Info: The Secretary of Health and
Mental Hygiene is proposing to reimburse
licensed or otherwise state-approved
freestanding birth centers according to the
Maryland Medicaid Physician Fee
Schedule for services rendered on or after
October 1, 2011. Freestanding birth centers
are reimbursed a $500 facility fee and a
$50 supply cost.
Written comments may be sent to Lisa
N. Fassett, Office of Health Services,
DHMH, 201 W. Preston St., Rm. 128D,
GENERAL NOTICES
1789
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
Baltimore, MD 21201, or fax to (410) 333-
5154 or call (410) 767-0579, or email to
Contact: Lisa N. Fassett (410) 767-0579
[11-27-30]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE/OFFICE OF
HEALTH SERVICES
Subject: Payment procedure change for
Family Planning Clinics
Add'l. Info: The Secretary of Health and
Mental Hygiene is proposing to amend
COMAR 10.09.08.04, effective January 1,
2012. The amendment is proposed in order
to bring Family Planning Clinic payments
in line with payments to other clinics
providing similar services to Medicaid
recipients. For services rendered on or after
January 1, 2012, Family Planning Clinic
payments will be paid according to the
Maryland Medicaid Physician Fee
Schedule instead of paying Family
Planning Clinics a set rate of $70 per visit.
Copies of the amendments may be
obtained by calling (410) 767-0579, or
faxing (410) 333-5154, and are available
for public review at the local health
department in each county and Baltimore
City. Written comments may be sent to
Lisa N. Fassett, Office of Health Services,
DHMH, 201 W. Preston St., Rm. 128D,
Baltimore, MD 21201, or fax to (410) 333-
5154, or call (410) 767-0579, or email to
Contact: Lisa N. Fassett (410) 767-0579
[11-27-32]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE/OFFICE OF
HEALTH SERVICES
Subject: Maryland Qualified Health Center
Provider Type Discontinued
Add'l. Info: The Secretary of Health and
Mental Hygiene is proposing to repeal
COMAR 10.09.08.06, effective January 1,
2012. The repeal will eliminate the
Maryland Qualified Health Center
(MQHC) provider type. Current MQHCs
may choose to enroll as another appropriate
provider type. This change will bring
payments to these clinics in line with the
Maryland Medicaid Physician Fee
Schedule instead of paying a set fee for
MQHC visits.
Copies of the amendments may be
obtained by calling (410) 767-0579, or
faxing (410) 333-5154, and are available
for public review at the local health
department in each county and Baltimore
City. Written comments may be sent to
Lisa N. Fassett, Office of Health Services,
DHMH, 201 W. Preston St., Rm. 128D,
Baltimore, MD 21201, or fax to (410) 333-
5154, or call (410) 767-0579, or email to
Contact: Lisa N. Fassett (410) 767-0579
[11-27-33]
DEPARTMENT OF HEALTH AND
MENTAL HYGIENE/OFFICE OF
HEALTH SERVICES
Subject: Payment procedure change for
Local Health Departments
Add'l. Info: The Secretary of Health and
Mental Hygiene is proposing to pay Local
Health Departments (LHDs) according to
the Maryland Medicaid Physician Fee
Schedule for dates of service on or after
January 1, 2012. For services rendered to
Medicaid recipients, LHDs will no longer
be paid according the schedule of charges
established by the Division of Cost
Accounting and Reimbursement. This
change will bring LHD payments in line
with payments to other clinics providing
similar services to Medicaid recipients.
Copies of the amendments may be
obtained by calling (410) 767-0579, or
faxing (410) 333-5154, and are available
for public review at the local health
department in each county and Baltimore
City. Written comments may be sent to
Lisa N. Fassett, Office of Health Services,
DHMH, 201 W. Preston St., Rm. 128D,
Baltimore, MD 21201, or fax to (410) 333-
5154, or call (410) 767-0579, or email to
Contact: Lisa N. Fassett (410) 767-0579
[11-27-34]
BOARD OF HEATING,
VENTILATION, AIR-
CONDITIONING, AND
REFRIGERATION CONTRACTORS
(HVACR)
Subject: Public Meeting
Date and Time: January 11, 2012, 9:30
a.m. — 12 p.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Steve Smitson (410) 230-6169
[11-27-18]
HOME IMPROVEMENT
COMMISSION
Subject: Public Meeting
Date and Time: January 5, 2012, 10 a.m.
— 12 p.m.
Place: 500 N. Calvert St., 2nd Fl. Conf.
Rm., Baltimore, MD
Contact: Steven Smitson (410) 230-6169
[11-27-04]
DEPARTMENT OF LABOR,
LICENSING, AND
REGULATION/DIVISION OF LABOR
AND INDUSTRY/MARYLAND
APPRENTICESHIP AND TRAINING
COUNCIL
Subject: Public Meeting
Date and Time: January 10, 2012, 9 a.m.
— 12 p.m.
Place: Dept. of Labor, Licensing, and
Regulation, 1100 N. Eutaw St., Lower
Level Training Rm., Baltimore, MD
Add'l. Info: The Maryland Apprenticeship
and Training Council will consider the
approval and registration of new
apprenticeship programs, revisions to
presently registered apprenticeship
programs and other business which may
come before the Council.
Contact: C. Edward Poarch II (410) 767-
2246
[11-27-14]
BOARD FOR PROFESSIONAL LAND
SURVEYORS
Subject: Public Meeting
Date and Time: January 4, 2012, 10 a.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Pamela J. Edwards (410) 230-
6262
[11-27-38]
BOARD OF EXAMINERS OF
LANDSCAPE ARCHITECTS
Subject: Public Meeting
Date and Time: January 17, 2012, 1:30
p.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Pamela J. Edwards (410) 230-
6262
[11-27-42]
GENERAL NOTICES
1790
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
MARYLAND HEALTH CARE
COMMISSION
Subject: Public Meeting
Date and Time: January 19, 2012, 1 p.m.
Place: Maryland Health Care Commission,
4160 Patterson Ave., Conf. Rm. 100,
Baltimore, MD
Contact: Valerie Wooding (410) 764-3460
[11-27-24]
MARYLAND PUBLIC
BROADCASTING COMMISSION
Subject: Public Meeting
Date and Time: January 24, 2012, 8:30
a.m.
Place: Maryland Public Television,
Owings Mills, MD
Contact: Sharon Abernathy (410) 581-
4141
[11-27-17]
GOVERNOR'S COMMISSION ON
MARYLAND MILITARY
MONUMENTS
Subject: Public Meeting
Date and Time: January 11, 2012, 2 —
3:30 p.m.
Place: 100 Community Pl., Crownsville,
MD
Contact: Gregory Jones (410) 260-3843
[11-27-13]
BOARD OF OCCUPATIONAL
THERAPY PRACTICE
Subject: Public Meeting
Date and Time: January 20, 2012, 8:30
a.m. — 2 p.m.
Place: Spring Grove Hospital Center, 55
Wade Ave., Catonsville, MD
Add'l. Info: Health Occupations Article,
Title 10, Annotated Code of Maryland, and
COMAR 10.46 amendments, additions,
and revisions, including fee changes, may
be discussed/voted on. Budget information
may also be discussed. It may be necessary
to go into executive session. Sign
language interpreters and/or appropriate
accommodations for qualified individuals
with disabilities will be provided upon
request. Please call 1-800-735-2255.
Contact: Marilyn Pinkney (410) 402-8556
[11-27-31]
BOARD OF EXAMINERS IN
OPTOMETRY
Subject: Public Meeting
Date and Time: January 25, 2012, 9:30
a.m. — 12:30 p.m.
Place: Metro Executive Bldg., 4201
Patterson Ave., Rm. 105, Baltimore, MD
Add'l. Info: Health Occupations Article,
Title 11, Annotated Code of Maryland, and
COMAR 10.28 amendments, additions,
and revisions maybe discussed/voted on.
Budget information may also be discussed.
It may be necessary to go into executive
session.
Contact: Patricia G. Bennett (410) 764-
4710
[11-27-44]
BOARD OF PILOTS
Subject: Public Meeting
Date and Time: January 13, 2012, 10:30
a.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Contact: Pamela J. Edwards (410) 230-
6262
[11-27-41]
BOARD OF PLUMBING
Subject: Public Meeting
Date and Time: January 19, 2012, 10 a.m.
— 12:30 p.m.
Place: 500 N. Calvert St., Rm. 302,
Baltimore, MD
Contact: Brenda Clark (410) 230-6164
[11-27-19]
BOARD OF EXAMINERS OF
PSYCHOLOGISTS
Subject: Public Meeting
Date and Time: January 13, 2012, 9 a.m.
— 1 p.m.
Place: 4201 Patterson Ave., Conf. Rm.
110, Baltimore, MD
Add'l. Info: Sign language interpreters/other
appropriate accommodations for qualified
individuals with disabilities will be provided
upon request. Proposed changes to regulations
may be discussed.
Contact: Dorothy Kutcherman (410) 764-
4703
[11-27-05]
STATE ADVISORY COUNCIL ON
QUALITY CARE AT THE END OF
LIFE
Subject: Public Meeting
Date and Time: January 25, 2012, 10 a.m.
— 12 p.m.
Place: Maryland Office on Aging, 301 W.
Preston St., Rm. 1007, Baltimore, MD
Contact: Kathy Izdeb (410) 576-6327
[11-27-25]
RACING COMMISSION
Subject: Public Meeting
Date and Time: January 17, 2012, 12:30
— 1 p.m.
Place: Laurel Park, Laurel, MD
Contact: J. Michael Hopkins (410) 296-
9682
[11-27-45]
RETIREMENT AND PENSION
SYSTEM — BOARD OF TRUSTEES
Subject: Public Meeting
Date and Time: January 17, 2012, 9 a.m.
Place: SunTrust Bldg., 120 E. Baltimore
St., 16th Fl. Board Rm., Baltimore, MD
Add'l. Info: Meeting date and location are
subject to change. Anyone interested in
attending should contact the Retirement
Agency for confirmation. Please note, the
meeting may include a closed session. Sign
language interpreters and/or appropriate
accommodations for qualified individuals
with disabilities will be provided upon
request. Please call 410-625-5609 or 1-800-
735-2258 TTY.
Contact: Patrice Sowah (410) 625-5609
[11-27-11]
BOARD OF SOCIAL WORK
EXAMINERS
Subject: Public Hearing
Date and Time: January 13, 2012, 11 a.m.
— 3 p.m.
Place: 4201 Patterson Ave., Rm. 109,
Baltimore, MD
Add'l. Info: The Board may discuss/vote
on proposed regulations. A portion of the
meeting may be held in closed session.
Contact: James T. Merrow (410) 764-4788
[11-27-35]
GENERAL NOTICES
1791
MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011
STATE BOARD OF INDIVIDUAL TAX
PREPARERS
Subject: Public Meeting
Date and Time: January 24, 2012, 1 — 5
p.m.
Place: 500 N. Calvert St., 3rd Fl. Conf.
Rm., Baltimore, MD
Add'l. Info: Final action on proposed
regulations published in the Maryland
Register, Vol. 38, Issue 25, Friday, Dec.
02, 2011, will be considered by the Board
at this meeting. Please note change of date
and time.
Contact: Douglas Blackstone (410) 230-
6244
[11-27-46]
MARYLAND TRANSPORTATION
AUTHORITY
Subject: Public Meeting
Date and Time: January 11, 2012, 6 — 8
p.m.
Place: Maryland Transportation Authority,
MDTA Police/Automotive/Maintenance
Bldg., 881 Oceanic Dr., Annapolis, MD
Add'l. Info: BBRAG meeting
Contact: Gail Moran (410) 537-1032
[11-27-10]
DEPARTMENT OF VETERANS
AFFAIRS/MARYLAND VETERANS
COMMISSION
Subject: Public Meeting
Date and Time: January 17, 2012, 10:30
a.m. — 1 p.m.; Backup date: January 24,
2012
Place: Joint Base Andrews, Community
Activity Center, Andrews AFB, MD
Contact: Gregory Jones (410) 260-3843
[11-27-12]
BOARD OF WELL DRILLERS
Subject: Public Meeting
Date and Time: January 26, 2012, 9 a.m.
— 4:30 p.m.
Place: MDE, 1800 Washington Blvd.,
Terra Conf. Rm., Baltimore, MD
Add'l. Info: A portion of this meeting may
be held in closed session.
Contact: Willie Everett (410) 537-3644
[11-27-01]
WORKERS' COMPENSATION
COMMISSION
Subject: Public Meeting
Date and Time: January 26, 2012, 9 — 11
a.m.
Place: 10 E. Baltimore St., Baltimore, MD
Add'l. Info: Portions of this meeting may
be held in closed session.
Contact: Amy Lackington (410) 864-5300
[11-27-03]