Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 01 OFFICE OF THE SECRETARY
Notice
of Opportunity for Comment
In accordance with the
Regulatory Review and Evaluation Act, State Government Article, §§10-130 —
10-139, Annotated Code of Maryland, the Maryland Department of Transportation
(MDOT) is currently reviewing and evaluating the following chapters:
11.01.01 Promulgation
and Adoption of Regulations — REPEALED
11.01.02 Petition
for the Adoption of Regulations
11.01.03 Petition
for Declaratory Rulings
11.01.04 Open
Meetings
11.01.05 Board
of Review of the Department of Transportation
11.01.06 Transportation
Planning Process — The Action Plan
11.01.07 Transportation
Professional Services Selection Board - REPEALED
11.01.08 Implementation
of The Maryland Environmental Policy Act
11.01.09 Contractor's
Affirmative Action Plan Review/Approval and Compliance Monitoring Process —
REPEALED
11.01.10 Maryland
Minority Business Enterprise/Federal Disadvantaged Business Enterprise Program
11.01.11 Small
Business Procurements, Construction Contracts - REPEALED
11.01.12 Implementation
of the "Buy American Steel" — REPEALED
11.01.13 Release
of Public Records
11.01.14 Procedure
for Hearings in Contested Cases
11.01.15 Correction
or Amendment of Personal Records
11.01.16 Rules
of Procedure of the Board of Airport Zoning Appeals
11.01.17 Public-Private
Partnership Program
11.01.18 Tax
Credits Employer–Provided Commuter Benefits Expansion and Administration — 49:27
Md. R. 1118 (12-30-22)
The purpose of this
review and evaluation is to determine whether existing regulations continue to
accomplish the purposes for which they were adopted, clarify ambiguous or
unclear language, and repeal obsolete or duplicative provisions. Pursuant to
this work plan, MDOT will evaluate the need to retain, amend, or repeal the
regulations based on whether the regulations:
·
Continue to be
necessary for public interest;
·
Continue to be
supported by statutory authority and judicial opinions;
·
Are obsolete or
otherwise appropriate for amendment or repeal;
·
Continue to be
effective in accomplishing the intended purposes of the regulations.
MDOT would like to
provide interested parties with an opportunity to participate in the review and
evaluation process by submitting comments on the regulations. The comments may
address any concerns about the regulations. If the comments include suggested changes
to the regulations, please be as specific as possible and provide language for
the suggested changes. Comments must be received by December 6, 2023.
Comments should be
directed to Stephanie Ford MDOT COMAR Coordinator, Maryland Department of
Transportation, 7201 Corporate Center Drive, MS-340, Hanover, MD 21076 or by
email to sford1@mdot.maryland.gov
or call 410-865-1154.
[23-20-27]
Subtitle 03 MARYLAND AVIATION ADMINISTRATION
Notice of Opportunity for Comment
In accordance with the Regulatory Review and Evaluation Act, State
Government Article, §§10-130 – 10-139, Annotated Code of Maryland, the Maryland
Aviation Administration (MAA) is currently reviewing and evaluating the
following chapters:
11.03.01
Baltimore/Washington International Thurgood Marshall Airport
11.03.02
Martin State Airport
11.03.03
Airport Noise Control Program
11.03.04
Aeronautical Regulations
11.03.05
Obstructions to Air Navigation
11.03.06
Airport Zoning Regulations
11.03.07
Maryland Air Terminal Assistance Program
11.03.08
Maryland Assistance to Private Airports (MAPA) Program
11.03.09
Issuance of Citations by Maryland Aviation Administration Personnel
The purpose of this review and evaluation is to determine whether
existing regulations continue to accomplish the purposes for which they were
adopted, clarify ambiguous or unclear language, and repeal obsolete or
duplicative provisions. Pursuant to this work plan, MAA will evaluate the need
to retain, amend, or repeal the regulations based on whether the regulations:
·
Continue to be necessary for public
interest;
·
Continue to be supported by statutory authority and judicial opinions;
·
Are obsolete or otherwise appropriate for amendment or repeal;
·
Continue to be effective in accomplishing the intended purposes of the regulations.
AA would like to provide interested parties with an opportunity to
participate in the review and evaluation process by submitting comments on the
regulations. The comments may address any concerns about the regulations. If
the comments include suggested changes to the regulations, please be as
specific as possible and provide language for the suggested changes. Comments
must be received by December 6, 2023.
Comments should be directed to Ms. Stacey Hicks-Johnson, Regulations
Coordinator, Maryland Aviation Administration, P.O. Box 8766, BWI Airport, MD
21240 or email to shicks-johnson@bwiairport.com
or call 410-859-7351.
[23-20-26]
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 13A
STATE BOARD OF EDUCATION
Notice of Emergency Action
[23-173-E]
The Joint Committee on Administrative, Executive, and Legislative
Review has granted emergency status to:
(1) Amendments to Regulation .02
under COMAR 13A.15.01 Scope and
Definitions;
(2) Amendments to Regulation .03
under COMAR 13A.15.05 Home Environment
and Equipment;
(3) Amendments to Regulation .02
under COMAR 13A.15.10 Child Safety;
(4) Amendments to Regulations .04
and .05 and the repeal of Regulation
.06 under COMAR 13A.15.11 Health;
(5) Amendments to Regulation .02
under COMAR 13A.16.01 Scope and
Definitions;
(6) Amendments to Regulation .11
under COMAR 13A.16.05 Physical Plant and
Equipment;
(7) Amendments to Regulation .04
under COMAR 13A.16.10 Safety;
(8) Amendments to Regulations .04
and .05 and the repeal of Regulation
.06 under COMAR 13A.16.11 Health;
(9) Amendments to Regulation .02
under COMAR 13A.17.01 Scope and
Definitions;
(10) Amendments to Regulation .11
under COMAR 13A.17.05 Physical Plant and
Equipment;
(11) Amendments to Regulation .04
under COMAR 13A.17.10 Safety;
(12) Amendments to Regulations .04 and .05 and the
repeal of Regulation .06 under COMAR 13A.17.11 Health;
(13) Amendments to Regulations .02 under COMAR 13A.18.01
Scope and Definitions;
(14) Amendments to Regulation .11
under COMAR 13A.18.05 Home Environment
and Equipment;
(15) Amendments to Regulation .04
under COMAR 13A.18.10 Safety; and
(16) Amendments to Regulations .04 and .05 and the
repeal of Regulation .06 under COMAR 13A.18.11 Health.
Emergency status began:
August 31, 2023.
Emergency status
expires: February 12, 2024.
Editor’s Note: The text of this document will not be printed
here because it appears as a Notice of Proposed Action on pages 927—932 of this
issue, referenced as [23-173-P].
MOHAMMED CHOUDHURY
State Superintendent of
Schools
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 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.06 Adult Residential
Substance Use Disorder Services
Authority: Health-General Article, §§2-104(b), 7.5-204(c),
7.5-205(d), 15-105(b), and 15-141.2,
Annotated Code of Maryland
Notice of Final Action
[22-346-F]
On September 15, 2023, the Secretary of Health adopted amendments
to Regulations .02, .04, .06, .07, and .09 under COMAR 10.09.06 Adult Residential Substance Use Disorder Services.
This action, which was proposed for adoption in 50:11 Md. R. 448—449 (June 2,
2023), has been adopted as proposed.
Effective Date: October 16, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.07 Medical Day Care
Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-111, Annotated Code of Maryland
Notice of Final Action
[23-010-F]
On September 15, 2023, the Secretary of Health adopted amendments
to Regulation .08 under COMAR 10.09.07 Medical Day Care Services.
This action, which was proposed for adoption in 50:7 Md. R. 309—310 (April 7,
2023), has been adopted as proposed.
Effective Date: October 16, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.08 Freestanding Clinics
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action
[23-095-F]
On September 15, 2023, the Secretary of Health adopted amendments
to Regulations .01—.06, .09, and .10 under COMAR 10.09.08
Freestanding Clinics. This action, which was proposed for adoption in 50:13
Md. R. 520—522 (June 30, 2023), has been adopted with the nonsubstantive
changes shown below.
Effective Date: October 16, 2023.
Attorney General’s Certification
In accordance with State Government
Article, §10-113, Annotated Code of Maryland, the Attorney General certifies
that the following changes do not differ substantively from the proposed text.
The nature of the changes and the basis for this conclusion are as follows:
The Maryland Department of Health (the Department) is updating the
definition of “qualified provider” in accordance with Health-General Article,
§§20-103(a) and 20-207, Annotated Code of Maryland.
Regulation .04D(1)(c): The Maryland Department of Health, in
accordance with Ch. 56 (H.B. 937), Acts of 2022, is removing the requirement
that providers complete and retain the “Certification of Abortion” (MDH 521)
form when performing abortions.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(20) (proposed text unchanged)
(21) “Qualified provider” means an individual [[who
is licensed, certified, or otherwise authorized by law to practice in the State
and for whom the performance of an abortion is within the scope of the
individual’s license or certification]] that meets the definition of a
qualified provider under Health-General Article, §§20-103(a) and 20-207,
Annotated Code of Maryland.
(22)—(23) (proposed text unchanged)
.04 Covered Services.
A.—C. (proposed text unchanged)
D. Abortion Clinic Care.
(1) To participate in the Program as an abortion clinic, the
provider shall meet the requirements of Regulations .02 and .03 of this chapter
and §B of this regulation and shall:
(a) Meet all applicable state and local requirements for licensure
and certification in the state or jurisdiction in which the clinic is located; and
(b) Ensure abortions are performed by a qualified
provider and in compliance with all applicable Program regulations[[;
and]].
[[(c) Complete the “Certification of Abortion” (MDH 521)
form and keep the form in the patient’s medical record for services related to
the termination of pregnancy or for medical procedures necessary to voluntarily
terminate a pregnancy for victims of rape or incest.]]
(2) (proposed text unchanged)
E. (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
10.09.12 Disposable Medical
Supplies and Durable Medical Equipment
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-129, Annotated Code of Maryland
Notice of Final Action
[22-336-F]
On September 15, 2023, the Secretary of Health adopted amendments
to Regulations .06 and .07 under COMAR 10.09.12 Disposable Medical Supplies and Durable Medical Equipment.
This action, which was proposed for adoption in 50:6 Md. R. 222—224 (March 24,
2023), has been adopted with the nonsubstantive changes shown below.
Effective Date: October 16, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated
Code of Maryland, the Attorney General certifies that the following changes do
not differ substantively from the proposed text. The nature of the changes and
the basis for this conclusion are as follows:
Regulation .07: In response to guidance from the Centers for
Medicare and Medicaid Services, the Maryland Department of Health (the
Department) clarifies which Medicare rate the Department uses to establish
reimbursement rates for providers under this chapter.
.07 Payment Procedures.
A.—C. (proposed text unchanged)
D. Effective July 1, 2022, the Department shall pay providers
85 percent of the lowest rural, non-rural, or competitive bidding area
(CBA) Medicare rate established January 1 of each year for prosthetic devices.
For prosthetic devices for which Medicare has not established a rate, the Department
shall pay providers the manufacturer’s suggested retail price of the item, less
26.5 percent. The payment shall include all fitting, dispensing, and follow-up care.
E. (proposed text unchanged)
F. With the exception of items free to individuals not covered
by Medicaid, the Department shall reimburse providers for the purchase of covered
services at the lesser of the provider’s customary charge or:
(1) For the purchase of items for which Medicare has established
a rate:
(a) Disposable medical supplies and durable medical equipment other
than enteral nutritional products and enteral and parenteral therapy supplies at
85 percent of the lowest rural, non-rural, or competitive bidding area
(CBA) Medicare purchase reimbursement rate established January 1 of each
year;
(b)—(c) (proposed text unchanged)
(d) For medical equipment for which Medicare has established a rental
rate, the purchase price shall be 10 times the [[current]]
lowest rural, non-rural, or competitive bidding area (CBA) Medicare
monthly rental rate.
(2) (proposed text unchanged)
F-1. (proposed text unchanged)
G. The Department shall reimburse providers
for the monthly rental of covered services as follows:
(1) For items for which Medicare has established a purchase rate, 85
percent of the [[current]] lowest rural, non-rural, or competitive
bidding area (CBA) Medicare purchase reimbursement rate divided over
10 months;
(2)—(3) (proposed text unchanged)
H.—Z. (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 26 BOARD OF ACUPUNCTURE
Notice of Final Action
[23-137-F]
On September 15, 2023, the Secretary of Health adopted:
(1) Amendments to Regulations .02—.05
under COMAR 10.26.02 General
Regulations; and
(2) New Regulations .01—.03
under a new chapter, COMAR 10.26.06
Continuing Education.
This action, which was proposed for adoption in 50:15 Md. R.
691—693 (July 28, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 64 BOARD OF NURSING —
LICENSED DIRECT-ENTRY MIDWIVES
10.64.01 Practice of Licensed
Direct-Entry Midwives
Authority: Health Occupations Article, §8-205, Annotated Code of
Maryland
Notice of Final Action
[23-142-F]
On September 15, 2023, the Secretary of Health adopted amendments
to Regulation .15 under COMAR 10.64.01 Practice of Licensed
Direct-Entry Midwives. This action, which was proposed for adoption in
50:15 Md. R. 698 (July 28, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Notice of Final Action
[23-132-F]
On September 26, 2023, the Motor Vehicle Administration adopted amendments
to:
(1) Regulation .03 under COMAR
11.11.05 Motor Vehicle Fees;
(2) Regulation .05
under COMAR 11.17.09 Proof of Age, Full Name, Identity, Maryland Residence, Social Security
Number, and Lawful Status; and
(3) Regulation .05
under COMAR 11.17.21 Proof of Age, Name, Identity,
and Residency for Federally Noncompliant Driver Licenses and Identification
Cards.
This action, which was proposed for adoption in 50:16 Md. R.
750—751 (August 11, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
CHRISTINE NIZER
Administrator
Subtitle 11 MOTOR VEHICLE
ADMINISTRATION—ADMINISTRATIVE PROCEDURES
11.11.05 Motor Vehicle Fees
Authority: Transportation Article, §12-104(b), Annotated Code of
Maryland, and as cited in Regulations .02—.06 of this chapter
Notice of Final Action
[23-129-F]
On September 26, 2023, the Motor Vehicle Administration adopted
amendments to Regulation .04 under COMAR 11.11.05 Motor Vehicle Fees. This
action, which was proposed for adoption in 50:16 Md. R. 751— 752 (August 11,
2023), has been adopted as proposed.
Effective Date: October 16, 2023.
CHRISTINE NIZER
Administrator
Subtitle 13 MOTOR VEHICLE
ADMINISTRATION—VEHICLE EQUIPMENT
11.13.12 Safety Glass
Replacement Standards
Authority: Commercial Law
Article, §13-301; Transportation Article, §§12-104(b) and 22-406; Annotated Code of Maryland.
Notice of Final Action
[23-130-F]
On September 26, 2023, the Motor Vehicle Administration adopted
amendments to Regulations .01, .04, .05, and .09 under COMAR Safety Glass Replacement Standards.
This action, which was proposed for adoption in 50:16 Md. R. 752—753 (August
11, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
CHRISTINE NIZER
Administrator
Subtitle 15 MOTOR VEHICLE
ADMINISTRATION—VEHICLE REGISTRATION
11.15.40 Electric Vehicle and Low Emission
Vehicle Excise Tax Credit
Authority: Transportation
Article, §§12-104(b), 11-103.4, and 13-815, Annotated Code of Maryland
Notice of Final Action
[23-157-F]
On September 26, 2023, the Motor Vehicle Administration adopted
new Regulations .01—.04 under a new
chapter, COMAR 11.15.40 Electric Vehicle
and Low Emission Vehicle Excise Tax Credit. This action, which was proposed
for adoption in 50:16 Md. R. 753 (August 11, 2023), has been adopted as
proposed.
Effective Date: October 16, 2023.
CHRISTINE NIZER
Administrator
Title 13A
STATE BOARD OF EDUCATION
Subtitle 02 LOCAL SCHOOL
ADMINISTRATION
13A.02.06 General Financial
Aid to Local School Systems
Authority: Education Article, §§2-205, 5-202, 5-205—5-209, 5-212, 5-218, 5-222, 5-224, 5-225,
7-101, 7-101.1, 8-101—8-105, 8-403, and 8-404, Annotated Code of Maryland
Notice of Final Action
[23-119-F]
On September 26, 2023, the Maryland State Board of Education
adopted amendments to Regulations .01,
.02, and .05—.07 under COMAR
13A.02.06 General Financial Aid to Local School Systems. This action, which
was proposed for adoption in 50:14 Md. R. 620—621 (July 14, 2023), has been
adopted as proposed.
Effective Date: October 16, 2023.
MOHAMMED CHOUDHURY
State Superintendent of Schools
Title 14
INDEPENDENT AGENCIES
Subtitle 35 MARYLAND HEALTH BENEFIT
EXCHANGE
14.35.07 Eligibility Standards
for Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and
CSR, and Eligibility Standards for Enrollment in a Catastrophic Qualified
Health Plan in the Individual Exchange
Authority: Insurance
Article, §31-106(c)(1)(iv), Annotated Code of Maryland
Notice of Final Action
[23-090-F]
On September 18, 2023, the Maryland Health Benefit Exchange
adopted new Regulation .22 under COMAR 14.35.07 Eligibility Standards for
Enrollment in a Qualified Health Plan, Eligibility Standards for APTC and CSR,
and Eligibility Standards for Enrollment in a Catastrophic Qualified Health
Plan in the Individual Exchange. This action, which was proposed for
adoption in 50:13 Md. R. 535—536 (June 30, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
MICHELE EBERLE
Executive Director
Subtitle 35 MARYLAND
HEALTH BENEFIT EXCHANGE
14.35.19 State-Based Young
Adult Health Insurance Subsidies Program
Authority: Insurance Article, §31-106(c)(1)(iv), Annotated Code of
Maryland
Notice of Final Action
[23-154-F]
On September 26, 2023, the Maryland Health Benefit Exchange
adopted amendments to Regulation .03
under COMAR 14.35.19 State-Based Young
Adult Health Insurance Subsidies Program. This action, which was proposed
for adoption in 50:16 Md. R. 754 (August 11, 2023), has been adopted as
proposed.
Effective Date: October 16, 2023.
MICHELE EBERLE
Executive Director
Subtitle 35 MARYLAND
HEALTH BENEFIT EXCHANGE
14.35.20 Hearings by the Board of Trustees
Authority: Insurance Article,
§§31-106(c)(1)(iv), 31-112, and 31-113; State Government Article, Title 10,
Subtitle 2; Annotated Code of Maryland
Notice of Final Action
[23-101-F]
On September 18, 2023, the Maryland Health Benefit Exchange
adopted new Regulations .01—.12
under a new chapter, COMAR 14.35.20
Hearings by the Board of Trustees. This action, which was proposed for
adoption in 50:13 Md. R. 536—539 (June 30, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
MICHELE EBERLE
Executive Director
Title 26
DEPARTMENT OF THE ENVIRONMENT
Subtitle 11 AIR QUALITY
26.11.17 Nonattainment
Provisions for Major New Sources and Major Modifications
Authority: Environment Article, §§1-101, 1-404, 2-101—2-103,
2-301—2-303, 10-102, and 10-103, Annotated Code of Maryland
Notice of Final Action
[22-362-F]
On September 15, 2023, the Secretary of the Environment adopted
amendments to Regulations .01 and .04 under COMAR 26.11.17 Nonattainment Provisions for Major New Sources and Major
Modifications. This action, which was proposed for adoption in 50:11 Md. R.
455—456 (June 2, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
SERENA McILWAIN
Secretary of the Environment
Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
Subtitle 09 COMMERCIAL AMBULANCE
SERVICES
Notice of Final Action
[23-100-F]
On September 12, 2023, the Maryland Emergency Medical Services
Board adopted amendments to:
(1) Regulation .04
under COMAR 30.09.12 Neonatal Ambulance
Service and Infant Transport; and
(2) Regulation .04
under COMAR 30.09.14 Specialty Care
Transport Services.
This action, which was proposed for adoption in 50:13 Md. R.
541—542 (June 30, 2023), has been adopted as proposed.
Effective Date: October 16, 2023.
THEODORE DELBRIDGE, M.D.
Executive Director
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.01 General
Authority: Natural Resources Article, §4-1006.1, Annotated Code of
Maryland.
Notice of Proposed Action
[23-192-P]
The Secretary of Natural Resources proposes to amend Regulation .12 under COMAR 08.02.01 General.
Statement of Purpose
The purpose of this action is to revise the Submerged Aquatic
Vegetation Protection Zones. Zones are being revised using data from an annual
aerial survey compiled by the Virginia Institute of Marine Sciences (VIMS).
Natural Resources Article, §4-1006.1, Annotated Code of Maryland,
requires the Department to create, and update submerged aquatic vegetation
protection zones every 3 years using data from the annual aerial survey
compiled by the Virginia Institute of Marine Sciences (VIMS) for the annual
Bay-wide Submerged Aquatic Vegetation Mapping Program. This update uses data from
2019—2021, which is the most recent 3-year dataset available through the VIMS
program.
The areas to be added based on the VIMS data include areas in
Herring Bay (Anne Arundel), Broomes Island (Calvert), North of Eastern Neck
Island (Kent), Crab Alley Bay, and Prospect Bay (Queen Anne’s), Potomac River
(downstream of Breton Bay), Potomac River (near St. George Island), Smith
Creek, and Webster Field Annex (St. Mary’s), Tilghman Island (Talbot),
Sinepuxent Bay, Chincoteague Bay, Rowley Cove/Tizzard Island, and Mills Island
(Worcester). The areas to be removed based on the VIMS data include areas in
Herring Bay (Anne Arundel), Broomes Island, Solomons Island (Calvert), Trippe
Bay, Armstrong Bay, Todds Bay, Bloodsworth Island (Dorchester), North of
Eastern Neck Island (Kent), Crab Alley Bay and Wye River (Queen Anne’s), Smith
Island, Deal Island and Manokin River, Big Annamessex River, Daugherty Creek
and Pocomoke Sound (Somerset), Smith Creek and Webster Field Annex, Potomac
River (near Lake Conoy) (St. Mary’s), Miles River and Eastern Bay, Tilghman
Island, Black Walnut Cove, and Harris Creek (Talbot), Sinepuxent Bay,
Chincoteague Bay, and Rowley Cove/Tizzard Island (Worcester).
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have
an indeterminable positive economic impact, resulting in larger harvest areas.
The total acreage of SAV zones is decreasing by roughly 5,000 acres so that
much more area will be open to clamming. Roughly 8,000 acres are being removed,
and approximately 3,000 acres are being added.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
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:
|
|
|
|
Clammers
|
(+)
|
Indeterminable
|
|
E. On other industries or
trade groups:
|
|
|
|
Crabbers
|
(+)
|
Indeterminable
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. The proposed action should have an indeterminable positive
impact because there is ultimately more bottom for clammers to use due to
larger harvest areas. It is not known if clammers will utilize the newly open
bottom or if there are significant populations of clams in those areas, so it
is not possible to know the extent of the positive impact created by the
additional harvest areas available to clammers.
E. Crabbers will likely realize an indeterminable positive impact
from this action because it opens additional areas for clammers to harvest
razor clams. Razor clams are a primary bait for crabbers. Having additional
areas to harvest razor clams will ensure the availability of that bait and potentially
decrease the cost of the bait due to greater availability.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This action impacts small businesses that harvest clams and crabs.
It should lead to an indeterminable positive impact to both sectors by allowing
the harvest of clams in more areas. Clammers will benefit from the additional
areas to harvest clams and crabbers will benefit from increased availability of
a primary bait. See Sections IID and E for additional information.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Submerged Aquatic Vegetation Protection
Zones, Regulatory Staff, Department of Natural Resources, 580 Taylor Avenue,
E-4, Annapolis, MD 21401, or call 410-260-8300, or submit comments to
https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#sav. Comments
will be accepted through November 6, 2023. A public hearing has not been
scheduled.
.12 Submerged Aquatic Vegetation (SAV) Protection Zones.
A. (text unchanged)
[B.] (proposed for repeal)
B. Submerged Aquatic Vegetation (SAV) Protection Zones.
(1) Somerset County.
(a) All of the waters of Saint Peter's Creek and Manokin River enclosed
by a line beginning at a point at or near the north shore of Champ Point
defined by Lat. 38° 08.725' N, Long. 75°49.161' W; then running approximately
43° True to a point at or near the shore defined by Lat. 38° 08.972' N, Long.
75°48.872' W; then running southwesterly along the shore to the point of
beginning.
(b) All of the waters of Big Sound Creek, Little Sound Creek, Laws Gut
and Laws Thorofare enclosed by a line beginning at a point at or near the
eastern shore of Big Sound Creek defined by Lat. 38°08.453' N, Long. 75°54.454'
W; then running approximately 340° True to a point defined by Lat. 38°08.841'
N, Long. 75°54.631' W; then running approximately 220° True to a point defined
by Lat. 38°08.596' N, Long. 75°54.895' W; then running approximately 297° True
to a point defined by Lat. 38°08.689' N, Long. 75°55.120' W; then running
approximately 313° True to a point defined by Lat. 38°08.915' N, Long.
75°55.431' W; then running approximately 306° True to a point defined by Lat.
38°09.000' N, Long. 75°55.580' W; then running approximately 252° True to a
point at or near the shore of Laws Thorofare defined by Lat. 38°08.963' N,
Long. 75°55.730' W; then running easterly along the shore to the point of
beginning.
(c) All of the waters of Fishing Creek, Manokin River, Broad Creek, and
Geanquakin Creek enclosed by a line beginning at a point at or near the shore
at the west side of Fishing Creek defined by Lat. 38°08.383’ N, Long.
75°54.458’ W; then running approximately 175° True to a point defined by Lat.
38°08.354’ N, Long. 75°54.455’ W; then running along the southern shore to a
point defined by Lat. 38°08.281’ N, Long. 75°54.370’ W; then running
approximately 84° True to a point defined by Lat. 38°08.294’ N, Long.
75°54.154’ W; then running approximately 38° True to a point defined by Lat.
38°08.481’ N, Long. 75°53.970’ W; then running approximately 7° True to a point
defined by Lat. 38°08.780’ N, Long. 75°53.919’ W; then running approximately
85° True to a point defined by Lat. 38°08.865’ N, Long. 75°52.885’ W; then
running approximately 181° True to a point defined by Lat. 38°08.193’ N, Long.
75°52.906’ W; then running approximately 105° True to a point defined by Lat. 38°08.018’
N, Long. 75°52.083’ W; then running approximately 57° True to a point defined
by Lat. 38°08.477’ N, Long. 75°51.200’ W; then running approximately 348° True
to a point defined by Lat. 38°08.641’ N, Long. 75°51.245’ W; then running
approximately 88° True to a point defined by Lat. 38°08.658’ N, Long.
75°50.402’ W; then running approximately 36° True to a point defined by Lat.
38°08.988’ N, Long. 75°50.105’ W; then running approximately 110° True to a
point defined by Lat. 38°08.765’ N, Long. 75°49.331’ W; then running
approximately 78° True to a point defined by Lat. 38°08.784’ N, Long.
75°49.216’ W; then running approximately 49° True to a point at or near the
western shore of Saint Peter’s Creek defined by Lat. 38°08.850’ N, Long.
75°49.126’ W; then running westerly along the shore to the point of beginning.
(d) All of the waters of Manokin River enclosed by a line beginning at a
point at or near the shore defined by Lat. 38° 08.478' N, Long. 75°48.570' W;
then running approximately 304° True to a point defined by Lat. 38°08.636’ N,
Long. 75°48.867’ W; then running approximately 261° True to a point at or near
the south shore of Champ Point defined by Lat. 38° 08.587' N, Long. 75°49.242'
W; then running easterly along the shore to the point of beginning.
(e) All of the waters of Manokin River surrounding Saint Pierre's Island
enclosed by a line beginning at a point defined by Lat. 38°07.874' N, Long.
75°51.309' W; then running approximately 327° True to a point defined by Lat.
38°07.890' N, Long. 75°51.322' W; then running approximately 37° True to a
point defined by Lat. 38°07.946' N, Long. 75°51.270' W; then running
approximately 158° True to a point defined by Lat. 38°07.909' N, Long.
75°51.251' W; then running approximately 223° True to the point of beginning.
(f) All of the waters of Manokin River enclosed by a line beginning at a
point at or near the shore defined by Lat. 38°07.851' N, Long. 75°55.424' W;
then running approximately 66° True to a point at or near the southern shore of
Shark Point defined by Lat. 38°07.893' N, Long. 75°55.306' W; then running
westerly along the shore to the point of beginning.
(g) All of the waters of Lower Thorofare and Manokin River enclosed by a
line beginning at a point at or near the southern shore of Deal Island defined
by Lat. 38°07.569' N, Long. 75°55.821' W; then running approximately 122° True
to a point defined by Lat. 38°07.561' N, Long. 75°55.819' W; then running
approximately 80° True to a point defined by Lat. 38°07.583' N, Long.
75°55.644' W; then running approximately 4° True to a point defined by Lat.
38°07.595' N, Long. 75°55.643' W; then running northerly along the shore to a
point defined by Lat. 38°07.603' N, Long. 75°55.652' W; then running
approximately 341° True to a point at or near the south shore of Deal Island
defined by Lat. 38°07.617' N, Long. 75°55.657' W; then running westerly along
the shore to the point of beginning.
(h) All of the waters of Lower Thorofare and Tangier Sound enclosed by a
line beginning at a point at or near the western shore of Little Deal Island at
Webster Point defined by Lat. 38°07.128' N, Long. 75°56.782' W; then running
approximately 2° True to a point defined by Lat. 38°07.394' N, Long. 75°56.773'
W; then running approximately 6° True to a point at or near the western shore
of the Lower Thorofare inlet defined by Lat. 38°07.611' N, Long. 75°56.743' W;
then running southerly along the shore to the point of beginning.
(i) All of the waters of Manokin River enclosed by a line beginning at a
point at or near the southern shore of Little Deal Island defined by Lat.
38°06.932' N, Long. 75°56.271' W; then running approximately 45° True to a
point at or near the southern shore of Little Deal Island near Claw Point
defined by Lat. 38°07.014' N, Long. 75°56.167' W; then running southwesterly
along the shore to the point of beginning.
(j) All of the waters of Piney Creek, Manokin River and Tangier Sound
enclosed by a line beginning at a point at or near the southern shore of Little
Deal Island at Pin Point defined by Lat. 38°06.757' N, Long. 75°56.556' W; then
running approximately 127° True to a point defined by Lat. 38°06.733' N, Long.
75°56.519' W; then running easterly along the shore to a point defined by Lat.
38°06.728' N, Long. 75°56.473' W; then running approximately 27° True to a
point at the eastern shore of the entrance to Piney Creek defined by Lat.
38°06.873' N, Long. 75°56.379' W; then running westerly along the shore to the
point of beginning.
(k) All of the waters of Hall Creek and Big Annemessex River enclosed by
a line beginning at a point at or near Myrtle Point defined by Lat. 38°05.169'
N, Long. 75°47.276' W; then running approximately 244° True to a point defined
by Lat. 38°05.161' N, Long. 75° 47.298' W; then running approximately 297° True
to a point defined by Lat. 38°05.172' N, Long. 75°47.326' W; then running
approximately 337° True to a point defined by Lat. 38°05.273' N, Long.
75°47.380' W; then running approximately 271° True to a point defined by Lat.
38°05.275' N, Long. 75°47.442' W; then running approximately 256° True to a
point defined by Lat. 38°05.252' N, Long. 75°47.552' W; then running
approximately 12° True to a point at or near the shore defined by Lat.
38°05.263' N, Long. 75°47.549' W; then running easterly along the shore to the
point of beginning.
(l) All of the waters of Hall Creek, Moon Bay, Crane Cove, Fords Cove,
Muddy Creek, Flatland Cove, Shirtpond Cove, Mine Cove, Hazard Cove, Goose
Creek, Drum Point Cove, Teague Creek, Broad Creek, Big Annemessex River and
Manokin River enclosed by a line beginning at a point at or near the shore at
the west side of Hall Creek defined by Lat. 38°05.129' N, Long. 75°47.498' W;
then running approximately 49° True to a point defined by Lat. 38°05.181' N,
Long. 75°47.429' W; then running approximately 164° True to a point defined by
Lat. 38°05.048' N, Long. 75°47.378' W; then running approximately 179° True to
a point defined by Lat. 38°04.661' N, Long. 75°47.368' W; then running
approximately 144° True to a point defined by Lat. 38°04.399' N, Long. 75°47.131'
W; then running approximately 243° True to a point defined by Lat. 38°04.188'
N, Long. 75°47.669' W; then running approximately 293° True to a point defined
by Lat. 38°04.421' N, Long. 75°48.381' W; then running approximately 144° True
to a point defined by Lat. 38°03.882' N, Long. 75°47.903' W; then running
approximately 206° True to a point defined by Lat. 38°03.657' N, Long.
75°48.048' W; then running approximately 281° True to a point defined by Lat.
38°03.722' N, Long. 75°48.468' W; then running approximately 227° True to a
point defined by Lat. 38°03.506' N, Long. 75°48.761' W; then running
approximately 316° True to a point defined by Lat. 38°04.096' N, Long.
75°49.469' W; then running approximately 252° True to a point defined by Lat.
38°03.958' N, Long. 75°50.012' W; then running approximately 298° True to a
point defined by Lat. 38°04.252' N, Long. 75°50.718' W; then running
approximately 221° True to a point defined by Lat. 38°04.031' N, Long.
75°50.967' W; then running approximately 270° True to a point defined by Lat.
38°04.036' N, Long. 75°51.353' W; then running approximately 199° True to a
point defined by Lat. 38°03.575' N, Long. 75°51.545' W; then running approximately 270° True to a
point at or near the southern shore of Pat Island defined by Lat. 38°03.572' N,
Long. 75°52.016' W; then running northwesterly along the shore to
a point at or near the southern shore of Hazard Cove defined by Lat. 38°03.960'
N, Long. 75°52.335' W; then running approximately 334° True to a point defined
by Lat. 38°04.540' N, Long. 75°52.700' W; then running approximately 17° True
to a point at or near the western shore of Hazard Island defined by Lat.
38°04.652' N, Long. 75°52.655' W; then running approximately 21° True to a
point defined by Lat. 38°05.395' N, Long. 75°52.297' W; then running
approximately 22° True to a point defined by Lat. 38°06.045' N, Long.
75°51.973' W; then running approximately 46° True to a point
defined by Lat. 38°07.209' N, Long. 75°50.436' W; then running approximately
13° True to a point defined by Lat. 38°07.598' N, Long. 75°50.324' W; then
running approximately 54° True to a point at Cormal Point defined by Lat.
38°08.006' N, Long. 75°49.639' W; then running approximately 147° True to a
point defined by Lat. 38°07.608' N, Long. 75°49.303' W; then running
approximately 32° True to a point defined by Lat. 38°07.884' N, Long.
75°49.090' W; then running approximately 51° True to a point defined by Lat.
38°08.064' N, Long. 75°48.811' W; then running approximately 66° True to a
point at or near the shore on the western shore of Fishing Point defined by
Lat. 38°08.127' N, Long. 75°48.634' W; then running southerly along the shore
to the point of beginning.
(m) All of the waters of Gales Creek and Big Annemessex River enclosed
by a line beginning at a point at or near the shore defined by Lat. 38°04.598'
N, Long. 75°45.961' W; then running approximately 92° True to a point defined
by Lat. 38°04.605' N, Long. 75° 46.440' W; then running approximately 303° True
to a point defined by Lat. 38°04.696' N, Long. 75°46.622' W; then running
approximately 254° True to a point defined by Lat. 38°04.658' N, Long.
75°46.789' W; then running approximately 294° True to a point defined by Lat.
38°04.724' N, Long. 75°46.978' W; then running approximately 70° True to a
point at or near the shore of Persimmon Point defined by Lat. 38°04.747' N,
Long. 75°46.905' W; then running easterly along the shore to the point of
beginning.
(n) All of the waters of Colbourn Creek, Ipsenancy Creek, Gales Creek
and Big Annemessex River enclosed by a line beginning at a point at or near the
Colbourn Creek Boat Ramp defined by Lat. 38°02.988' N, Long. 75°48.246' W; then
running approximately 20° True to a point defined by Lat. 38°03.146' N, Long.
75°48.170' W; then running approximately 67° True to a point defined by Lat.
38°03.285' N, Long. 75°47.767' W; then running approximately 141° True to a
point defined by Lat. 38°03.643' N, Long. 75°47.436' W; then running
approximately 55° True to a point defined by Lat. 38°03.922' N, Long.
75°46.943' W; then running approximately 24° True to a point defined by Lat.
38°04.405' N, Long. 75°46.667' W; then running approximately 57° True to a
point defined by Lat. 38°04.473' N, Long. 75°46.534' W; then running
approximately 87° True to a point defined by Lat. 38°04.485' N, Long.
75°46.371' W; then running approximately 29° True to a point defined by Lat.
38°04.528' N, Long. 75°46.347' W; then running approximately 77° True to a
point defined by Lat. 38°04.576' N, Long. 75°46.073' W; then running
approximately 137° True to a point at or near the shore on the southern shore
of Gales Creek defined by Lat. 38°04.514' N, Long. 75°46.001' W; then running
southwesterly along the shore to the point of beginning.
(o) All of the waters of Colbourn Creek and Big Annemessex River
enclosed by a line beginning at a point at or near the shore west of Long Point
defined by Lat. 38°02.934' N, Long. 75°48.575' W; then running approximately
18° True to a point defined by Lat. 38°03.286' N, Long. 75° 48.428' W; then
running approximately 75° True to a point defined by Lat. 38° 03.335' N, Long.
75° 48.202' W; then running approximately 170° True to a point defined by Lat.
38°03.235' N, Long. 75°48.180' W; then running approximately 217° True to a
point at or near the eastern shore of Long Point defined by Lat. 38°03.071' N,
Long. 75°48.333' W; then running westerly along the shore to the point of
beginning.
(p) All of the waters of Colbourn Creek enclosed by a line beginning at
a point at the southern shore of Colbourn Creek defined by Lat. 38°02.647' N,
Long. 75°47.649' W; then running approximately 281° True to a point defined by
Lat. 38°02.747' N, Long. 75° 48.318' W; then running approximately 356° True to
a point at or near the eastern side of Long Point at the entrance to Colbourn
Creek defined by Lat. 38°03.021' N, Long. 75°48.345' W; then running
southeasterly along the shore to the point of beginning.
(q) All of the waters of Jones Creek, Joes Cove and Big Annemessex River
enclosed by a line beginning at a point at or near the north shore of Jones
Creek defined by Lat. 38°01.725' N, Long. 75°49.255' W; then running
approximately 244° True to a point defined by Lat. 38°01.704' N, Long.
75°49.318' W; then running approximately 307° True to a point defined by Lat.
38°01.752' N, Long. 75°49.397' W; then running approximately 275° True to a
point defined by Lat. 38°01.761' N, Long. 75°49.519' W; then running
approximately 3° True to a point defined by Lat. 38°01.870' N, Long. 75°49.513'
W; then running approximately 333° True to a point defined by Lat. 38°01.995'
N, Long. 75°49.594' W; then running approximately 66° True to a point defined
by Lat. 38°02.043' N, Long. 75°49.455' W; then running approximately 324° True
to a point defined by Lat. 38°02.077' N, Long. 75°49.488' W; then running
approximately 286° True to a point defined by Lat. 38°02.132' N, Long.
75°49.723' W; then running approximately 245° True to a point defined by Lat.
38°02.082' N, Long. 75°49.862' W; then running approximately 329° True to a
point defined by Lat. 38°02.298' N, Long. 75°50.023' W; then running
approximately 234° True to a point defined by Lat. 38°02.156' N, Long.
75°50.259' W; then running approximately 256° True to a point defined by Lat.
38°02.118' N, Long. 75°50.458' W; then running approximately 26° True to a
point defined by Lat. 38°02.550' N, Long. 75°50.186' W; then running
approximately 47° True to a point defined by Lat. 38°02.796' N, Long.
75°49.857' W; then running approximately 59° True to a point defined by Lat.
38°02.995' N, Long. 75°49.436' W; then running approximately 104° True to a
point at or near the shore on the southwest side of Long Point defined by Lat.
38°02.842' N, Long. 75°48.666' W; then running southerly along the shore to the
point of beginning.
(r) All of the waters of Daugherty Creek, West Creek, Back Creek, Island
Gut, Janes Island Gut, Old House Gut, Old House Cove, Big Annemessex River,
Rock Hole, Rock Pond, Thru Creek, Red Hole, Acre Creek, Annemessex Canal, Ward
Creek, Jones Creek and Little Annemessex River enclosed by a line beginning at
a point at or near the west shore of Daugherty Creek defined by Lat. 37°58.774'
N, Long. 75°51.883' W; then running approximately 210° True to a point defined
by Lat. 37°58.458' N, Long. 75°52.138' W; then running approximately 229° True
to a point defined by Lat. 37°58.141' N, Long. 75°52.584' W; then running
approximately 265° True to a point defined by Lat. 37°58.138' N, Long.
75°52.726' W; then running approximately 302° True to a point defined by Lat.
37°58.331' N, Long. 75°53.120' W; then running approximately 230° True to a
point at or near the shore south of Old House Cove defined by Lat. 37°58.202'
N, Long. 75°53.338' W; then running northerly along shore past James Island
Point to a point along the southern shore of Rock Hole defined by Lat.
38°01.181' N, Long. 75°52.181' W; then running approximately 344° True to a
point defined by Lat. 38°01.414' N, Long. 75°52.273' W; then running
approximately 329° True to a point defined by Lat. 38°01.630' N, Long. 75°52.428'
W; then running approximately 64° True to a point along the shore at or near
the northern shore of Rock Hole defined by Lat. 38°01.652' N, Long. 75°52.391'
W; then running along the shore to a point at or near Tenth Point defined by
Lat. 38°02.263' N, Long. 75°51.448' W; then running approximately 32° True to a
point defined by Lat. 38°02.329' N, Long. 75°51.393' W; then running
approximately 105° True to a point defined by Lat. 38°02.300' N, Long.
75°51.246' W; then running approximately 115° True to a point defined by Lat.
38°02.170' N, Long. 75°50.893' W; then running approximately 144° True to a
point defined by Lat. 38°02.039' N, Long. 75°50.776' W; then running
approximately 175° True to a point defined by Lat. 38°01.840' N, Long.
75°50.755' W; then running approximately 238° True to a point defined by Lat.
38°01.747' N, Long. 75°50.940' W; then running approximately 263° True to a
point defined by Lat. 38°01.727' N, Long. 75°51.136' W; then running
approximately 174° True to a point defined by Lat. 38°01.647' N, Long.
75°51.132' W; then running approximately 87° True to a point defined by Lat.
38°01.651' N, Long. 75°51.043' W; then running approximately 164° True to a
point defined by Lat. 38°01.535' N, Long. 75°51.004' W; then running
approximately 38° True to a point defined by Lat. 38°01.716' N, Long.
75°50.831' W; then running approximately 81° True to a point defined by Lat.
38°01.740' N, Long. 75°50.622' W; then running approximately 27° True to a
point defined by Lat. 38°01.849' N, Long. 75°50.556' W; then running
approximately 55° True to a point defined by Lat. 38°02.074' N, Long.
75°50.157' W; then running approximately 101° True to a point defined by Lat.
38°02.041' N, Long. 75°49.976' W; then running approximately 156° True to a
point defined by Lat. 38°01.926' N, Long. 75°49.913' W; then running
approximately 66° True to a point defined by Lat. 38°02.007' N, Long.
75°49.688' W; then running approximately 164° True to a point defined by Lat.
38°01.901' N, Long. 75°49.649' W; then running approximately 129° True to a
point defined by Lat. 38°01.845' N, Long. 75°49.552' W; then running
approximately 187° True to a point defined by Lat. 38°01.749' N, Long.
75°49.564' W; then running approximately 102° True to a point defined by Lat.
38°01.732' N, Long. 75°49.442' W; then running approximately 138° True to a
point defined by Lat. 38°01.638' N, Long. 75°49.326' W; then running
approximately 253° True to a point at the western shore of Jones Creek defined
by Lat. 38°01.621' N, Long. 75°49.397' W; then running along shore to the point
of beginning.
(s) All of the waters of Daugherty Creek, Jenkins Creek and Little
Annemessex River enclosed by a line beginning at a point at or near the
southern shore of the entrance to Jenkins Creek defined by Lat. 37°57.187' N,
Long. 75°51.821' W; then running approximately 354° True to a point defined by
Lat. 37°57.495' N, Long. 75°51.863' W; then running approximately 344° True to
a point at the shore defined by Lat. 37°57.910' N, Long. 75°52.007' W; then
running northerly along the shore to a point defined by Lat. 37°57.939' N,
Long. 75°52.009' W; then running approximately 20° True to a point defined by
Lat. 37°58.124' N, Long. 75°51.925' W; then running approximately 26° True to a
point defined by Lat. 37°58.353' N, Long. 75°51.787’ W; then running
approximately 0° True to a point at or near the shore on the south side of the
entrance to Somers Cove defined by Lat. 37°58.501' N, Long. 75°51.789' W; then
running southerly to the point of beginning.
(t) All of the waters of Cow Point Creek, Fishing Creek, Pond Creek,
Muddy Creek, Cedar Straits, Cedar Island Creek, Green Straits, Crooked Creek,
Crooked Creek Gut, the Prong Broad Creek, Daugherty Creek, Little Annemessex
River, Pocomoke Sound, and Tangier Sound enclosed by a line beginning at a
point at or near the western shore of Daugherty Creek/Broad Creek on Cedar
Island defined by Lat. 37°56.567' N, Long. 75°51.539'W; then running
approximately 172° True to a point defined by Lat. 37°56.302' N,
Long. 75°51.492' W; then running approximately 174° True to a point defined by
Lat. 37°56.076' N, Long. 75°51.470' W; then running approximately 141° True to
a point defined by Lat. 37°55.805' N, Long. 75°51.195' W; then running
approximately 182° True to a point defined by Lat. 37°55.683' N, Long.
75°51.204' W; then running approximately 192° True to a point defined by Lat.
37°55.390’ N, Long. 75°51.282' W; then running approximately 220° True to a
point defined by Lat. 37°55.160' N, Long. 75°51.517' W; then running approximately
239° True to a point defined by Lat. 37°54.993’ N, Long. 75°51.866’ W; then
running approximately 271° True to a point defined by Lat. 37°54.995’ N, Long.
75°52.386’ W; then running approximately 190° True to a point at or near the
Maryland-Virginia state line defined by Lat. 37°54.689’ N, Long. 75°52.458’ W;
then running approximately 269° True to a point at or near the
Maryland-Virginia state line defined by Lat. 37°54.678’ N, Long. 75°52.982’ W;
then running approximately 266° True to a point at or near the
Maryland-Virginia state line defined by Lat. 37°54.620’ N, Long. 75°53.834’ W;
then running approximately 22° True to a point defined by Lat. 37°55.005’ N,
Long. 75°53.646’ W; then running approximately 346° True to a point defined by
Lat. 37°55.378’ N, Long. 75°53.760’ W; then running 33° True to a point at the
northern shore of Cedar Island Creek defined by Lat. 37°55.431’ N, Long.
75°53.710’ W; then running northerly along the western shore of Cedar Island to
a point defined by Lat. 37°56.548’ N, Long. 75°53.454' W; then running
approximately 2° True to a point defined by Lat. 37°56.707' N, Long. 75°53.444'
W; then running approximately 77° True to a point at or near the south shore of
Great Point Pond defined by Lat. 37°56.708' N, Long. 75°53.428' W; then running
northerly along the shore to a point along the western shore of Muddy Creek
defined by Lat. 37°57.208' N, Long. 75°53.348' W; then running approximately
37° True to a point defined by Lat. 37°57.447' N, Long. 75°53.125' W; then
running approximately 116° True to a point defined by Lat. 37°57.270' N, Long.
75°52.665' W; then running approximately 161° True to a point defined by Lat.
37°57.115' N, Long. 75°52.599' W; then running approximately 96° True to a
point at or near the western shore of the entrance to Daugherty Creek/Broad
Creek defined by Lat. 37°57.068' N, Long. 75°51.985' W; then running
southeasterly along the shore to the point of beginning.
(u) All of the waters
of Fishing Ditch, Broad Creek and Pocomoke Sound enclosed by a line beginning
at a point at or near the western shore of Eastward Pont defined by Lat.
37°55.458' N, Long. 75°50.940' W; then running approximately 345° True to a
point defined by Lat. 37°55.916' N, Long. 75°51.095' W; then running
approximately 303° True to a point defined by Lat. 37°56.050' N, Long.
75°51.357' W; then running approximately 324° True to a point defined by Lat.
37°56.126' N, Long. 75°51.429' W; then running approximately 356° True to a
point along the eastern shore of Daugherty Creek/Broad Creek defined by Lat.
37°56.426' N, Long. 75°51.456' W; then running easterly along the shore to a
point at or near the western shore of Straight Gut defined by Lat. 37°56.343'
N, Long. 75°50.970' W; the running approximately 133° True to a point along the
eastern shore of Straight Gut defined by Lat. 37°56.325' N, Long. 75°50.946' W;
then running southerly along the shore to the point of beginning.
(v) All of the waters of Broad Creek
Gut, Cow Gap Creek, Massey Creek, Little Ware Point Creek and Pocomoke Sound
enclosed by a line beginning at a point at or near the eastern shore of
Eastward point defined by Lat. 37°55.455' N, Long. 75°50.917' W; then running
approximately 69° True to a point defined by Lat. 37°55.579' N, Long.
75°50.513' W; then running approximately 61° True to a point defined by Lat.
37°55.820' N, Long. 75°49.968' W; then running approximately 19° True to a
point defined by Lat. 37°56.201' N, Long. 75°49.803' W; then running
approximately 72° True to a point along the eastern shore of Little Ware Point
Creek at or near Ware Point defined by Lat. 37°56.344' N, Long. 75°49.247' W then
running southwesterly along the shore to the point of beginning.
(w) All of the waters of Ware Point Creek enclosed by a line beginning
at a point at or near the shore at the west side of the entrance of Ware Point
Creek defined by Lat. 37°56.367' N, Long. 75°49.240' W; then running
approximately 48° True to a point defined by Lat. 37°56.445' N, Long.
75°49.131' W; then running approximately 14° True to a point at or near the
shore at the east side of the entrance to Ware Point Creek defined by Lat.
37°56.472' N, Long. 75°49.123' W; then running westerly along shore to the
point of beginning.
(x) All of the waters of Ape Hole Creek and Pocomoke Sound enclosed by a
line beginning at a point at or near the north shore of Big Island defined by
Lat. 37°56.554' N, Long. 75°49.120' W; then running approximately 356° True to
a point at or near Long Point defined by Lat. 37°56.774' N, Long. 75°49.137' W
then running southerly along the shore to the point of beginning.
(y) All of the waters of Ape Hole Creek enclosed by a line beginning at
a point at or near the shore defined by Lat. 37°57.075' N, Long. 75°49.573' W;
then running approximately 352° True to a point at or near the shore defined by
Lat. 37°57.245' N, Long. 75°49.604' W then running southerly along the shore to
the point of beginning.
(z) All of the waters of Ape Hole Creek enclosed by a line beginning at
a point at or near the shore defined by Lat. 37°57.874' N, Long. 75°49.228' W;
then running approximately 39° True to a point at or near the shore defined by
Lat. 37°58.027' N, Long. 75°49.070' W then running southwesterly along the
shore to the point of beginning.
(aa) All of the waters
of Gunby Creek and Pocomoke Sound enclosed by a line beginning at a point at or
near the western shore of the island at the mouth of Gunby Creek defined by
Lat. 37°58.426' N, Long. 75°46.587' W; then running approximately 307° True to
a point defined by Lat. 37°58.431' N, Long. 75°46.596' W; then running
approximately 354° True to a point at or near the shore defined by Lat.
37°58.522' N, Long. 75°46.609' W; then running easterly along the shore to a
point at or near the shore defined by Lat. 37°58.509' N, Long. 75°46.539' W;
then running approximately 198° True to a point at or near the shore of the
island at the mouth of Gunby Creek defined by Lat. 37°58.428' N, Long.
75°46.574' W; then running westerly along the shore to the point of beginning.
(bb) All of the waters
of Sheepshead Harbor, Goose Creek, Sedgy Point Cove, Pry Cove, Johnson Cove,
Little Pungers Creek, Gunbarrel Cove, Old Ground Gut, Sound Gut, Pungers Creek,
Pungers Cove, Muscle Hole Creek, Kedges Straits, Holland Straits and Tangier
Sound enclosed by, a line beginning at a point at or near the eastern shore of
Sheepshead Harbor defined by Lat. 38°04.384’ N, Long. 76°00.900’ W; then
running approximately 292° True to a point defined by Lat. 38°04.683’ N, Long.
76° 01.819’ W; then running westerly along the southern shore of Jones Island
to a point at or near Sedgy Point defined by Lat. 38°05.490’ N, Long.
76°03.330’ W; then running approximately 24° True to a point at or near the
shore on the south shore of Pry Cove defined by Lat. 38°05.640’ N, Long.
76°03.243’ W; then running southeasterly along the shore to a point a defined
by Lat. 38°05.461’ N, Long. 76°02.755’ W; then approximately 25° True to a
point along the north shore of Pry Cove defined by Lat. 38°06.109' N, Long.
76°02.384' W; then running northerly along the shore past Johnson Point to a
point along the southern shore of Johnson Cove defined by Lat. 38°06.538' N,
Long. 76° 02.682' W; then running approximately 350° True to a point defined by
Lat. 38°06.659' N, Long. 76°02.711' W; then running approximately 15° True to a
point defined by Lat. 38°07.019' N, Long. 76°02.583' W; then running
approximately 78° True to a point defined by Lat. 38°07.030' N, Long.
76°02.515' W; then running approximately 41° True to a point at or near the
southern shore of Gunbarrel Cove defined by Lat. 38°07.425' N, Long. 76°02.087'
W; then running approximately 37° True to a point at or near Gunbarrel Point
defined by Lat. 38°07.516' N, Long. 76°01.995’ W; then running approximately
58° True to a point at or near the shore along the north shore of Gunbarrel
Cove defined by Lat. 38°07.905' N, Long. 76°01.229' W; then running along the
north shore of South Marsh Island to a point defined by Lat. 38°07.251' N,
Long. 76°00.822' W; then running approximately 169° True to a point
defined by Lat. 38°07.104' N, Long. 76°00.548' W; then running approximately
190° True to a point defined by Lat. 38°06.105' N, Long. 76°00.526' W; then
running approximately 227° True to a point at or near the shore on the south
side of Pungers Cove defined by Lat. 38°06.227' N, Long. 76°01.045' W; then
running southerly along the shore to a point on the western shore at the
entrance to Thomas Island Gut defined by Lat. 38°05.957' N, Long. 76°00.860' W;
then running approximately 137° True to a point defined by Lat. 38°05.892' N,
Long. 76°00.784' W; then running southerly along the shore to a point at or
near the eastern shore of Muscle Hole Creek near Muscle Hole Point defined by
Lat. 38°04.679' N, Long. 76°00.409' W; then running approximately 178° True to
a point defined by Lat. 38° 04.661' N, Long. 76° 00.401' W; then running
approximately 233° True to a point at or near the western shore of Muscle Hole
Creek defined by Lat. 38°04.523' N, Long. 76°00.636' W; then running easterly
along the shore to the point of beginning.
(cc) All of the waters
of Big Thorofare, Shanks Creek, Tyler Creek, Parks Ditch, Sheep Pen Gut, Rhodes
Point Gut, Long Branch, Little Thorofare, Jones Creek, Long Creek, Indian
Creek, Tyler Ditch, Levering Creek, The Canal, Goose Harbor Cove, North End
Bottom, Barnes Cove, Joes Ridge Creek, Twitch Cove, Otter Creek, Terrapin Sand
Cove, Back Cove, Sawney Cove, Channel Point Gut, Lightning Knot Cove, Rock
Creek, Juggling Creek, Joes Ridge Creek, Fishing Creek, Bridges Creek, Fog
Point Cove, Kedges Straits, Tangier Sound and Chesapeake Bay enclosed by a line
beginning at a point at or near the Maryland-Virginia line defined by Lat.
37°57.205' N, Long. 75°59.754' W; then running approximately 270° True to a
point at or near the eastern shore of Tyler Creek defined by Lat. 37°57.208' N,
Long. 76°00.300' W; then running along the Maryland-Virginia state line
approximately 270° True to a point along the western shore of Tyler Creek
defined by Lat. 37°57.209' N, Long. 76°01.068' W; then running along the Maryland-Virginia
state line approximately 270° True to a point at or near the eastern shore of
Shanks Creek defined by Lat. 37°57.211' N, Long. 76°01.753' W; then running
along the Maryland-Virginia state line approximately 270° True to a point at or
near the western shore of Shanks Creek defined by Lat. 37°57.211' N, Long.
76°02.289' W; then running along the Maryland-Virginia state line approximately
270° True to a point along the western shore of Smith Island defined by Lat.
37°57.212' N, Long. 76°02.638' W; then running northerly along the shore to a
point defined by Lat. 37°57.457' N, Long. 76°02.747' W; then running
approximately 336° True to a point defined by Lat. 37°58.056' N, Long.
76°03.089 W; then running approximately 0° True to a point defined by Lat.
37°59.866' N, Long. 76°03.107' W; then running approximately 290° True to a
point defined by Lat. 37°59.926' N, Long. 76°03.287 W; then running
approximately 1° True to a point defined by Lat. 38°00.075' N, Long. 76°03.281'
W; then running approximately 73° True to a point defined by Lat. 38°00.117' N,
Long. 76°03.108’ W; then running approximately 13° True to a point on the
eastern shore of Smith Island defined by Lat. 38°01.190' N, Long. 76°02.812' W;
then running approximately 14° True to a point defined by Lat. 38°02.074' N,
Long. 76°02.526' W; then running approximately 62° True to a point defined by
Lat. 38°02.454' N, Long. 76°01.653' W; then running approximately 89° True to a
point defined by Lat. 38°02.443' N, Long. 76°00.765' W; then running approximately
107° True to a point defined by Lat. 38°02.202' N, Long. 75°59.740' W; then
running approximately 143° True to a point defined by Lat. 38°01.433' N, Long.
75°58.998' W; then running approximately 161° True to a point defined by Lat.
37°59.332' N, Long. 75°58.075' W; then running approximately 187° True to a
point defined by Lat. 37°58.598' N, Long. 75°58.187' W; then running
approximately 212° True to a point at the Maryland-Virginia state line defined
by Lat. 37°57.166' N, Long. 75°59.358' W; then running approximately 279° True
to a point defined by Lat. 37°57.203' N, Long. 75°59.613' W; then running
approximately 278° True to the point of beginning.
(2) Dorchester County.
(a) All of the waters of Chapel Creek, Todd’s Bay and Choptank River enclosed
by a line beginning at a point at or near the shore defined by Lat. 38°36.668'
N, Long. 76°13.390' W; then running approximately 75° True to a point at or
near the shore defined by Lat. 38°37.002' N, Long. 76°11.753' W; then running
westerly along the shore to the point of beginning.
(b) All of the waters of Chapel Creek, Todd’s Bay and Choptank River
enclosed by a line beginning at a point at or near the shore defined by Lat.
38°36.668' N, Long. 76°13.390' W; then running approximately 335° True to a
point defined by Lat. 38°37.109' N, Long. 76°13.655' W; then running
approximately 324° True to a point along the shore defined by Lat. 38°37.558'
N, Long. 76°14.074' W; then running southerly along the shore to the point of
beginning.
(c) All of the waters of Cook's Point Cove and Choptank River enclosed
by a line beginning at a point at or near the shore of Cook's Point defined by
Lat. 38°37.253' N,76°16.573' W; then running approximately 110° True to a point
defined by Lat. 38°37.067' N, Long. 76°15.903' W; then running approximately
60° True to a point on the shore defined by Lat. 38°37.391' N, Long. 76°15.199'
W; then running westerly along the shore to the point of beginning.
(d) All of the waters of Trippe Bay, Brannock Bay, and Covey Creek
enclosed by a line beginning at a point at or near Mills Point defined by Lat.
38°34.948’ N, Long. 76°17.316’ W; then running approximately 27° True to a
point defined by Lat. 38°36.211’ N, Long. 76°16.492’ W; then running
approximately 89° True to a point along the shore defined by Lat. 38°36.215’ N,
Long. 76°16.441’ W; then running southerly along the shore to the point of
beginning.
(e) All of the waters of Hooper Strait and Tangier Sound enclosed by a
line beginning at a point at or near the northeastern shore of Bloodsworth
Island west of Piney Island Point defined by Lat. 38°11.627’ N, Long. 76°2.335’
W; then running approximately 48° True to a point defined by Lat. 38°11.709’ N,
Long. 76°2.218’ W; then running approximately 351° True to a point defined by Lat.
38°12.007’ N, Long. 76°2.281’ W; then running approximately 286° True to a
point along the shore east of Fin Creek defined by Lat. 38°12.150’ N, Long.
76°2.900’ W; then running southeasterly along the shore to the point of
beginning.
(f) All of the waters of Piney Island Cove and Tangier Sound enclosed by
a line beginning at a point at or near the southern shore at the entrance of
Piney Island Cove defined by Lat. 38°11.012’ N, Long. 76°1.807’ W; then running
approximately 329° True to a point at or near the northern shore at the
entrance to Piney Island Cove defined by Lat. 38°11.553’ N, Long. 76°2.212’ W;
then running southerly along the shore to the point of beginning.
(g) All of the waters of Great Cove and Tangier Sound enclosed by a line
beginning at a point at or near the southern shore at the entrance of Great
Cove defined by Lat. 38°9.473’ N, Long. 76°1.979’ W; then running approximately
49° True to a point defined by Lat. 38°9.880’ N, Long. 76°1.392’ W; then
running approximately 1° to a point at or near Great Cove Point at the northern
shore of Great Cove defined by Lat. 38°10.390’ N, Long. 76°1.382’ W; then
running southwesterly along the shore to the point of beginning.
(h) All of the waters of Northeast Cove, Holland Straits and Tangier
Sound enclosed by a line beginning at a point at or near Cove Point along the
southern shore of Bloodsworth Island defined by Lat. 38°8.864’ N, Long.
76°3.090’ W; then running approximately 152° True to a point defined by Lat.
38°8.847’ N, Long. 76°3.080’ W; then running approximately 99° True to a point
defined by Lat. 38°8.823’ N, Long. 76°2.903’ W; then running approximately 90°
True to a point defined by Lat. 38°8.823’ N, Long. 76°2.232’ W; then running
approximately 74° True to a point defined by Lat. 38°8.854’ N, Long. 76°2.102’
W; then running approximately 46° True to a point along the shore at or near
Lower Island Point defined by Lat. 38°8.901’ N, Long. 76°2.042’ W; then running
westerly along the shore to the point of beginning.
(i) All of the waters of Northeast Cove, Muddy Creek, Swan Pond, Swan
Pond Creek, Long Creek, Okahanikan Cove, Pone Cove, Holland Straits, Hooper
Strait, and Chesapeake Bay enclosed by a line beginning at a point at or near
Cove Point along the southern shore of Bloodsworth Island defined by Lat.
38°8.864’ N, Long. 76°3.090’ W; then running approximately 277° True to a point
at the southern shore of Northeast Island defined by Lat. 38°8.968’ N, Long.
76°4.237’ W; then running approximately 199° True to a point defined by Lat. 38°7.827’
N, Long. 76°4.742’ W; then running approximately 322° True to a point defined
by Lat. 38°7.967’ N, Long. 76°4.875’ W; then running approximately 291° True to
a point defined by Lat. 38°8.143’ N, Long. 76°5.472’ W; then running
approximately 0° True to a point defined by Lat. 38°8.930’ N, Long. 76°5.476’
W; then running approximately 1° True to a point defined by Lat. 38°10.307’ N,
Long. 76°5.455’ W; then running approximately 2° True to a point defined by
Lat. 38°11.618’ N, Long. 76°5.397’ W; then running approximately 93° True to a
point defined by Lat. 38°11.537’ N, Long. 76°3.527’ W; then running
approximately 136° True to a point at or near the shore defined by Lat.
38°11.506’ N, Long. 76°3.489’ W; then running southerly along the shore to the
point of beginning.
(3) Talbot County.
(a) All of the waters of Shaw Bay enclosed by a line beginning at a
point on the shore southeast of Bruffs Island defined by Lat. 38°51.047' N,
Long. 76°11.163' W; then running approximately 50° True to a point defined by
Lat. 38°51.429' N, Long. 76°10.586' W; then running approximately 13° True to a
point at or near the shore defined by Lat. 38°51.607' N, Long. 76°10.536' W;
then running southwesterly along the shore to the point of beginning.
(b) All of the waters of Miles River between Woodland Creek and Leeds
Creek enclosed by a line beginning at a point defined by Lat. 38°48.992’ N,
Long. 76°11.820’ W; then running approximately 282° True to a point defined by
Lat. 38°48.998’ N, Long. 76°11.851’ W; then running approximately 12° True to a
point defined by Lat. 38°49.914’ N, Long. 76°11.600’ W; then running
approximately 46° True to a point at or near the southern shore of the mouth of
Woodland Creek defined by Lat. 38°50.065’ N, Long. 76°11.399’ W; then running
southerly along the shore to the point of beginning.
(c) All of the waters of Leeds Creek enclosed by a line beginning at a
point on the northern shore of Leeds Creek defined by Lat. 38°48.558’ N, Long.
76°11.232’ W; then running approximately 188° True to a point defined by Lat.
38°48.525’ N, Long. 76°11.238’ W; then running approximately 304° True to a
point near the northern shore of Leeds Creek defined by Lat. 38°48.577’ N,
Long. 76°11.338’ W; then running easterly along the shore to the point of
beginning.
(d) All of the waters of Leeds Creek and Blakes Cove enclosed by a line
beginning at a point at or near the southern shore of Leeds Creek defined by
Lat. 38°48.269' N, Long. 76°11.182' W; then running approximately 355° True to
a point defined by Lat. 38°48.292' N, Long. 76°11.185' W; then running
approximately 35° True to a point defined by Lat. 38°48.384' N, Long.
76°11.103' W; then running approximately 103° True to a point defined by Lat.
38°48.371' N, Long. 76°11.029' W; then running approximately 170° True to a
point defined by Lat. 38°48.328' N, Long. 76°11.020' W; then running
approximately 235° True to a point at or near the southern shore of Blakes Cove
defined by Lat. 38°48.320' N, Long. 76°11.035' W; then running westerly along
the shore to the point of beginning.
(e) All of the waters of Darmands Creek and Miles River enclosed by a
line beginning at a point north of the entrance to Hunting Creek defined by
Lat. 38°47.022’ N, Long. 76°10.781’ W; then running approximately 276° True to
a point defined by Lat. 38°47.062’ N, Long. 76°11.240’ W; then running
approximately 355° True to a point defined by Lat. 38°47.492’ N, Long.
76°11.285’ W; then running approximately 53° True to a point defined by Lat.
38°47.527’ N, Long. 76°11.223’ W; then running approximately 141° True to a
point at or near the shoreline defined by Lat. 38°47.520’ N, Long. 76°11.215’
W; then running southeasterly along the shore to the point of beginning.
(f) All of the waters of Hunting Creek and Miles River enclosed by a
line beginning at a point on the eastern shore of Hunting Creek defined by Lat.
38°46.814' N, Long. 76°10.183' W; then running approximately 308° True to a
point at or near the shoreline defined by Lat. 38°47.020' N, Long. 76°10.524'
W; then running southeasterly along the shore to the point of beginning.
(g) All of the waters of Hunting Creek and Miles River enclosed by a
line beginning at a point on the northern shore of Miles River defined by then
Lat. 38°46.516' N, Long. 76°09.541' W; running approximately 165° True to a
point defined by Lat. 38°46.501' N, Long. 76°09.536' W; then running
approximately 251° True to a point defined by Lat. 38°46.483' N, Long.
76°09.605' W; then running approximately 256° True to a point defined by Lat.
38°46.433' N, Long. 76°09.865' W; then running approximately 288° True to a
point defined by Lat. 38°46.524' N, Long. 76°10.213' W; then running
approximately 319° True to a point defined by Lat. 38°46.559' N, Long.
76°10.252' W; then running approximately 37° True to a point defined by Lat.
38°46.749' N, Long. 76°10.067' W; then running approximately 53° True to a
point defined by Lat. 38°46.807' N, Long. 76°09.969' W; then running
approximately 78° True to a point at or near the shore defined by Lat.
38°46.819' N, Long. 76°09.898' W; then running southerly along the shore to the
point of beginning.
(h) All of the waters of Hunting Creek and Miles River enclosed by a
line that surrounds Long Point Island beginning at a point defined by Lat.
38°46.214' N, Long. 76°10.362' W; then running approximately 314° True to a
point defined by Lat. 38°46.576' N, Long. 76°10.843' W; then running
approximately 15° True to a point defined by Lat. 38°46.815' N, Long.
76°10.764' W; then running approximately 66° True to a point defined by Lat.
38°46.883' N, Long. 76°10.567' W; then running approximately 141° True to a
point defined by Lat. 38°46.785' N, Long. 76°10.472' W; then running
approximately 151° True to a point defined by Lat. 38°46.659' N, Long.
76°10.389' W; then running approximately 163° True to a point at or near the
shore northeast of Long Point defined by Lat. 38°46.373' N, Long. 76°10.279' W;
then running southerly to the point of beginning.
(i) All of the waters of Oak Creek, Newcomb Creek, and Miles River
enclosed by a line beginning at a point at or near the eastern shore of Oak
Creek defined by Lat. 38°45.210' N, Long. 76°10.356' W; then running
approximately 5° True to a point defined by Lat. 38°45.249' N, Long. 76°10.355'
W; then running approximately 30° True to a point defined by Lat. 38°46.013' N,
Long. 76°09.788' W; then running approximately 68° True to a point defined by
Lat. 38°46.116' N, Long. 76°09.463' W; then running approximately 21° True to a
point defined by Lat. 38°46.346' N, Long. 76°09.352' W; then running approximately
58° True to a point defined by Lat. 38°46.371' N, Long. 76°09.304' W; then
running approximately 151° True to a point at or near the western shore of
Peach Orchard Point defined by Lat. 38°46.343' N, Long. 76°09.286' W; then
running southerly along the shore to the point of beginning.
(j) All of the waters of Oak Creek enclosed by a line beginning at a
point at or near the eastern shore of Oak Creek defined by Lat. 38°45.097’ N,
Long. 76°10.441’ W; then running approximately 1° True to a point at or near
the shore defined by Lat. 38°45.198’ N, Long. 76°10.440’ W; then running
northeasterly along the shore at or near the western shore of Oak Creek defined
by Lat. 38°45.208’ N, Long. 76°10.428’ W; then running 98° True to a point at
or near the eastern shore of Oak Creek defined by Lat. 38°45.199’ N, Long.
76°10.355’ W; then running southerly along the shore to the point of beginning.
(k) All of the waters of Miles River enclosed by a line beginning at a
point at or near the shore defined by Lat. 38°46.045' N, Long. 76°11.223' W;
then running approximately 310° True to a point defined by Lat. 38°46.157' N,
Long. 76°11.392' W; then running approximately 262° True to a point at or near
the shore defined by Lat. 38°46.140' N, Long. 76°11.548' W; then running easterly
along the shore to the point of beginning.
(l) All of the waters of Spencer Creek enclosed by a line beginning at
or near a point on the shore of Maiden Point defined by Lat. 38°46.379' N,
Long. 76°12.070' W; then running approximately 342° True to a point defined by
Lat. 38°46.451' N, Long. 76°12.100' W; then running approximately 349° True to
a point at or near the shore defined by Lat. 38°46.509' N, Long. 76°12.115' W;
then running approximately 21° True to a point at or near the shore defined by
Lat. 38°46.535' N, Long. 76°12.102' W; then running southeasterly along the
shore to a point defined by Lat. 38°46.503' N, Long. 76°12.065' W; then running
approximately 68° True to a point at or near the shore of Maiden Point defined
by Lat. 38°46.536' N, Long. 76°11.961' W; then running southerly along the
shore to the point of beginning.
(m) All of the waters of Spencer Creek enclosed by a line beginning at a
point at or near the eastern shore defined by Lat. 38°46.124' N, Long.
76°12.030' W; then running approximately 311° True to a point at or near the
western shore defined by Lat. 38°46.188' N, Long. 76°12.122' W; then running
southeasterly along the shore to the point of beginning.
(n) All of the waters of Miles River and Porter Creek enclosed by a line
beginning at a point on the western shore of Hambleton Point defined by Lat.
38°49.195’ N, Long. 76°14.312’ W; then running approximately 310° True to a
point at or near the shore of Emerson Point defined by Lat. 38°49.657’ N, Long.
76°15.016’ W; then running then running southeasterly along the shore to the
point of beginning.
(o) All of the waters of Miles River and Tilghman Creek enclosed by a
line beginning at a point defined by Lat. 38°49.673’ N, Long. 76°15.341’ W;
then running approximately 314° True to a point defined by Lat. 38°49.769’ N,
Long. 76°15.469’ W; then running approximately 24° True to a point to a point
at or near the western shore of Emerson Point defined by Lat. 38°49.988’ N,
Long. 76°15.347’ W; then running southeasterly along the shore to the point of
beginning.
(p) All of the waters of Tilghman Creek and Eastern Bay enclosed by a
line beginning at a point on the eastern shore of Rich Neck defined by Lat.
38°50.643' N, Long. 76°15.951' W; then running approximately 72° True to a point
defined by Lat. 38°50.686' N, Long. 76°15.801' W; then running approximately
337° True to a point defined by Lat. 38°50.894' N, Long. 76°15.913' W; then
running approximately 8° True to a point defined by Lat. 38°51.080' N, Long.
76°15.880' W; then running approximately 109° True to a point defined by Lat.
38°51.039' N, Long. 76°15.731' W; then running approximately 52° True to a
point defined by Lat. 38°51.197' N, Long. 76°15.476' W; then running
approximately 34° True to a point defined by Lat. 38°51.370' N, Long.
76°15.327' W; then running approximately 87° True to a point defined by Lat.
38°51.374' N, Long. 76°15.193' W; then running approximately 35° True to a
point at or near the shore on the eastern shore of Tilghman Point defined by
Lat. 38°51.392' N, Long. 76°15.181' W; then running southwesterly along the
shore to the point of beginning.
(q) All of the water of Eastern Bay enclosed by a line beginning at a
point at Wades Point defined by Lat. 38°49.668' N, Long. 76°17.730' W; then
running approximately 66° True to a point defined by Lat. 38°49.876' N, Long.
76°17.131' W; then running approximately 23° True to a point at or near the
midpoint of the Claiborne Jetty defined by Lat. 38°50.247' N, Long. 76°16.932'
W; then running approximately 62° True to a point at or near the shore at the
end of the Claiborne Jetty defined by Lat. 38°50.289' N, Long. 76°16.831' W;
then running southwesterly along the shore to the point of beginning.
(r) All of the waters of Harbor Cove, Poplar Island Narrows and Eastern
Bay enclosed by a line beginning at or near a point on the shore of Lowes Point
defined by Lat. 38°46.565’ N, Long. 76°19.813’ W; then running approximately
11° True to a point defined by Lat. 38°46.621’ N, Long. 76°19.803’ W; then
running approximately 28° True to a point at or near the shore defined by Lat.
38°48.514’ N, Long. 76°18.537’ W; then running southerly along the shore to the
point of beginning.
(s) All of the waters of Ferry Cove, Cabin Cove, Poplar Island Narrows
and Eastern Bay enclosed by a line beginning at or near a point on the shore of
Punch Point defined by Lat. 38°45.653’ N, Long. 76°20.182’ W; then running
approximately 12° True to a point at or near the shore of the southern tip of
Lowes Point defined by Lat. 38°46.324’ N, Long. 76°19.997’ W; then running
southerly along the shore to the point of beginning.
(t) All of the waters of Back Creek enclosed by a line beginning at a
point at or near the shore near Tilghman Back Creek Park defined by Lat.
38°43.324' N, Long. 76°20.052' W; then running approximately 273° True to a
point at or near the eastern shore of Anne Arundel Island defined by Lat.
38°43.328' N, Long. 76°20.138' W; then running northwest along the shore of
Anne Arundel Island to a point defined by Lat. 38°43.447' N, Long. 76°20.314'
W; then running approximately 17° True to a point defined by Lat. 38°43.622' N,
Long. 76°20.245' W; then running approximately 42° True to a point defined by
Lat. 38°43.725' N, Long. 76°20.128' W; then running approximately 101° True to
a point at or near the shore defined by Lat. 38°43.723' N, Long. 76°20.113' W;
then running southerly along the shore of Back Creek to the point of beginning.
(u) All of the waters of Blackwalnut Cove enclosed by a line beginning
at a point at or near the west shore of Blackwalnut Cove defined by Lat.
38°40.376' N, Long. 76°20.327' W; then running approximately 38° True to a
point at or near the east shore of Blackwalnut Cove defined by Lat. 38°40.790'
N, Long. 76°19.913' W; then running northwesterly along the shore to the point
of beginning.
(v) All of the waters of the Harris Creek and Choptank River enclosed by
a line beginning at a point near Lower Bar Neck Point defined by Lat.
38°41.007’ N, Long. 76°19.384’ W; then running approximately 347° True to a
point defined by Lat. 38°41.060’ N, Long. 76°19.400’ W; then running
approximately 18° True to a point defined by Lat. 38°41.118’ N, Long.
76°19.375’ W; then running approximately 162° True to a point defined by Lat.
38°41.065’ N, Long. 76°19.354’ W; then running approximately 202° True to the
point of beginning.
(w) All of the waters of Dogwood Harbor, Harris Creek and Choptank River
enclosed by a line beginning at a point at or near the Upper Bar Neck Point
defined by Lat. 38°41.446’ N, Long. 76°19.413’ W; then running approximately
330° True to a point defined by Lat. 38°41.955’ N, Long. 76°19.793’ W; then
running approximately 322° True to a point at or near the shore of Tilghman
Island defined by Lat. 38°42.091’ N, Long. 76°19.929’ W; then running
southeasterly along the shore to the point of beginning.
(x) All of the waters of River Cove, Harris Creek, Muddy Cove and
Choptank River enclosed by a line beginning at a point at or near the tip of
Nelson Point defined by Lat. 38°42.551' N, Long. 76°16.288' W; then running
approximately 298° True to a point defined by Lat. 38°42.889' N, Long.
76°17.109' W; then running approximately 267° True to a point defined by Lat.
38°42.850' N, Long. 76°18.170' W; then running approximately 14° True to a
point at or near the shore of Turkey Neck Point defined by Lat. 38°43.607' N,
Long. 76°17.938' W; then running easterly along the shore to the point of
beginning.
(4) Saint Mary's County.
(a) All of the waters of Potomac River enclosed by a line beginning at a
point at or near the western shore at the entrance to Flood Creek defined by
Lat. 38°13.559' N, Long. 76°37.999' W; then running approximately 185° True to
a point defined by Lat. 38°13.479' N, Long. 76°38.008' W; then running
approximately 265° True to a point defined by Lat. 38°13.440' N, Long.
76°38.591' W; then running approximately 261° True to a point defined by Lat.
38°13.483' N, Long. 76°38.987' W; then running approximately 292° True to a
point defined by Lat. 38°13.571' N, Long. 76°39.272' W; then running
approximately 300° True to a point defined by Lat. 38°13.687' N, Long.
76°39.517' W; then running approximately 314° True to a point defined by Lat.
38°13.840' N, Long. 76°39.720' W; then running approximately 288° True to a
point defined by Lat. 38°14.021' N, Long. 76°40.426' W; then running
approximately 347° True to a point at or near the shore defined by Lat.
38°14.071' N, Long. 76°40.442' W; then running southeasterly along the shore to
the point of beginning.
(b) All of the waters of Saint Mary’s River enclosed by a line beginning
at a point at or near the shore at Windmill Point defined by Lat. 38°09.488’ N,
Long. 76°27.142’ W; then running approximately 94° True to a point defined by
Lat. 38°09.470’ N, Long. 76°26.822’ W; then running approximately 32° True to a
point defined by Lat. 38°09.520’ N, Long. 76°26.784’ W; then running
approximately 334° True to a point defined by Lat. 38°09.589’ N, Long.
76°26.827’ W; then running approximately 308° True to a point defined by Lat.
38°09.634’ N, Long. 76°26.899’ W; then running approximately 240° True to a
point at or near the shore north of Windmill Point defined by Lat. 38°09.581’
N, Long. 76°27.018’ W; then running southerly along the shore to the point of
beginning.
(c) All of the waters of St Inigoe's Creek enclosed by a line beginning
at a point at or near the shore northeast of Priests Point defined by Lat.
38°09.301' N, Long. 76°26.030' W; then running approximately 28° True to a
point defined by Lat. 38°09.354' N, Long. 76°25.993' W; then running
approximately 72° True to a point defined by Lat. 38°09.378' N, Long.
76°25.904' W; then running approximately 41° True to a point defined by Lat.
38°09.479' N, Long. 76°25.791' W; then running approximately 57° True to a
point at or near the shore defined by Lat. 38°09.519' N, Long. 76°25.712' W;
then running approximately 84° True to a point at or near the western shore of
Molls Cove defined by Lat. 38°09.521' N, Long. 76°25.690' W; then running
southeasterly along the shore to the point of beginning.
(d) All of the waters of Saint Mary's River enclosed by a line beginning
at a point at or near the eastern shore of Cherryfield Point defined by Lat.
38°07.730' N, Long. 76°27.858' W; then running approximately 141° True to a
point defined by Lat. 38°07.641' N, Long. 76°27.764' W; then running
approximately 40° True to a point defined by Lat. 38°07.910' N, Long.
76°27.470' W; then running approximately 342° True to a point defined by Lat.
38°08.151' N, Long. 76°27.571' W; then running approximately 335° True to a
point at or near the shore north of Cherryfield Point defined by Lat.
38°08.347' N, Long. 76°27.682' W; then running southerly along the shore to the
point of beginning.
(e) All of the waters of St. George’s Creek enclosed by a line beginning
at a point at or near the shore on Ball Point defined by Lat. 38°07.251' N,
Long. 76°28.380' W; then running approximately 305° True to a point at or near
shore south of Dodson Point defined by Lat. 38°07.979' N, Long. 76°29.714' W;
then running southeasterly along the shore to the point of beginning.
(f) All of the waters of Saint Mary's River and Saint George's Creek
enclosed by a line beginning at a point at or near the shore at the mouth of
Island Creek defined by Lat. 38°06.513' N, Long. 76°28.012' W; then running
approximately 357° True to a point at or near the shore at Indigo Point defined
by Lat. 38°06.551' N, Long. 76°28.015' W; then running northerly along the
shore to a point near Russell Point defined by Lat. 38°07.148' N, Long.
76°28.194' W; then running approximately 41° True to a point defined by Lat.
38°07.154' N, Long. 76°28.189' W; then running approximately 117° True to a
point defined by Lat. 38°07.075' N, Long. 76°27.996' W; then running
approximately 179° True to a point defined by Lat. 38°06.912' N, Long.
76°27.992' W; then running approximately 146° True to a point at or near the
tip of the jetty defined by Lat. 38°06.632' N, Long. 76°27.754' W; then running
along the jetty to a point at or near the shore defined by Lat. 38°06.498' N,
Long. 76°27.941' W; then running westerly along to shore to the point of
beginning.
(g) All of the waters of Saint Mary's River enclosed by a line beginning
at a point defined by Lat. 38°06.553' N, Long. 76°25.503' W; then running
approximately 310° True to a point defined by Lat. 38°06.721' N, Long.
76°25.748' W; then running approximately 342° True to a point defined by Lat.
38°07.029' N, Long. 76°25.870' W; then approximately 137° True to a point
defined by Lat. 38°06.794' N, Long. 76°25.590' W; then running approximately
163° True to the point of beginning.
(h) All of the waters of Calvert Bay enclosed by a line beginning at a
point at or near the shore defined by Lat. 38°06.002' N, Long. 76°23.406' W;
then running approximately 292° True to a point defined by Lat. 38°06.035' N,
Long. 76°23.510' W; then running approximately 6° True to a point at or near
the shore south of the entrance to Calvert Creek defined by Lat. 38°06.135' N,
Long. 76°23.496' W; then running southeasterly along the shore to the point of
beginning.
(5) Worcester County.
(a) All of the waters of Sinepuxent Bay enclosed by a line beginning at
a point at or near the shore south of Ocean City Municipal Airport defined by
Lat. 38°18.198' N, Long. 75° 07.016' W; then running approximately 28° True to
a point defined by Lat. 38°18.346' N, Long. 75°06.915' W; then running
southerly along the shore to the point of beginning.
(b) All of the waters of Snug Harbor and Sinepuxent Bay enclosed by a
line beginning at a point at or near the shore south of Snug Harbor defined by
Lat. 38°17.918' N, Long. 75° 07.415' W; then running approximately 67° True to
a point defined by Lat. 38°18.007' N, Long. 75°07.418' W; then running approximately
9° True to a point at or near the shore south of Coffins Point defined by Lat.
38° 18.077' N, Long. 75° 07.134' W; then running southwesterly along the shore
to the point of beginning.
(c) All of the waters of Sinepuxent Bay enclosed by a line beginning at
a point at or near the western shore of Assateague Island National Seashore
defined by Lat. 38°17.806' N, Long. 75° 06.904' W; then running approximately
355° True to a point defined by Lat. 38°17.820' N, Long. 75°06.906' W; then
running approximately 18° True to a point defined by Lat. 38°18.173' N, Long.
75°06.757' W; then running approximately 26° True to a point at or near the
shore defined by Lat. 38°18.244' N, Long. 75°06.713' W; then running southerly
along the shore to the point of beginning.
(d) All of the waters of Grays Cove and Sinepuxent Bay enclosed by a
line beginning at a point at or near Grays Cove Landing defined by Lat.
38°17.162' N, Long. 75° 08.226' W; then running approximately 175° True to a
point defined by Lat. 38°16.852' N, Long. 75°08.191' W; then running
approximately 121° True to a point defined by Lat. 38°16.832' N, Long. 75°
08.147' W; then running approximately 19° True to a point defined by Lat.
38°17.289' N, Long. 75°07.947' W; then running approximately 277° True to a
point at or near the shore on the north side of Grays Cove defined by Lat. 38°
17.301' N, Long. 75° 08.053' W; then running southwesterly along the shore to
the point of beginning.
(e) All of the waters of Sinepuxent Bay enclosed by a line beginning at
a point at or near the west shore of Assateague Island National Seashore
defined by Lat. 38°16.374' N, Long. 75°07.408' W; then running approximately
276° True to a point defined by Lat. 38°16.419' N, Long. 75°07.904' W; then
running approximately 2° True to a point defined by Lat. 38°16.807' N, Long.
75°07.881' W; then running approximately 14° True to a point defined by Lat.
38°17.252' N, Long. 75°07.747' W; then running approximately 32° True to a
point defined by Lat. 38°17.695' N, Long. 75°07.394' W; then running
approximately 102° True to a point defined by Lat. 38°17.685' N, Long.
75°07.281' W; then running approximately 71° True to a point at or near the
west shore of Assateague Island defined by Lat. 38°17.782' N, Long. 75°06.916'
W; then running southerly along the shore to the point of beginning.
(f) All of the waters of Sinepuxent Bay enclosed by a line beginning at
a point at or near the shore at Sandy Cove defined by Lat. 38°15.864' N, Long.
75°08.875' W; then running approximately 66° True to a point defined by Lat.
38°16.024' N, Long. 75°08.420' W; then running approximately 4° True to a point
at or near the shore south of Grays Point defined by Lat. 38°16.275' N, Long.
75°08.398' W; then running southwesterly along the shore to the point of
beginning.
(g) All of the waters of Sinepuxent Bay enclosed by a line beginning at
a point at or near the shore on the north side of the MD Route 611 causeway
defined by Lat. 38°14.561' N, Long. 75°08.861' W; then running approximately
39° True to a point defined by Lat. 38°15.002' N, Long. 75°08.235' W; then
running approximately 4° True to a point defined by Lat. 38°15.381' N, Long
75°08.202' W; then running approximately 65° True to a point at or near the
west shore of Assateague Island defined by Lat. 38°15.535' N, Long. 75°07.795'
W;; then running southerly along the shore to the point of beginning.
(h) All of the waters
of Sinepuxent Bay enclosed by a line beginning at a point at or near Green
Point defined by Lat. 38°13.865' N, Long. 75°10.259' W; then running
approximately 44° True to a point at or near the shore of Sandy Point on the
south side of the MD Route 611 causeway defined Lat. 38°14.772' N, Long
75°09.138' W; then running westerly along the shore to the point of beginning.
(i) All of the waters of Newport Bay and Sinepuxent Bay enclosed by a
line beginning at a point at or near South Point defined by Lat. 38°12.532' N,
Long. 75°11.511' W; then running approximately 197° True to a point defined by
Lat. 38°12.444' N, Long. 75°11.549' W; then running approximately 258° True to
a point defined by Lat. 38°12.407' N, Long. 75°11.764' W; then running
approximately 326° True to a point defined by Lat. 38°12.776' N, Long.
75°12.070' W; then running approximately 356° True to a point defined by Lat.
38°13.220' N, Long. 75°12.106' W; then running approximately 23° True to a
point defined by Lat. 38°13.507' N, Long. 75°11.955' W; then running
approximately 135° True to a point at or near the western shore of Lower
Sinepuxent Neck defined by Lat. 38°13.467’ N, Long. 75°11.901' W; then running
southeasterly along the shore to the point of beginning.
(j) All of the waters of Purnell Pond, Martin Bay and Sinepuxent Bay
enclosed by a line beginning at a point at or near the shore at Martin Point
defined by Lat. 38°05.716' N, Long. 75°17.890' W; then running approximately
222° True to a point defined by Lat. 38°05.580' N, Long. 75°18.047' W; then
running approximately 316° True to a point at or near the eastern shore at the
entrance to Purnell Pond defined by Lat. 38°06.104' N, Long. 75°18.686' W; then
running easterly along the shore to a point defined by Lat. 38°05.939' N, Long.
75°17.931' W; then running approximately 172° True to the point of beginning.
(k) All of the waters of Ready Cove, Easter Opening and Chincoteague Bay
enclosed by a line beginning at a point at or near the southern shore south of
Big Bay Point defined by Lat. 38°04.520' N, Long. 75° 17.598' W; then running
approximately 255° True to a point defined by Lat. 38°04.325' N, Long. 75°18.525'
W; then running approximately 339° True to a point at or near the western tip
of an island along the southern side of Ready Cove defined by Lat. 38°04.620'
N, Long. 75° 18.665' W; then running approximately 339° True to a point at or
near the southwestern tip of an island along the northern side of Ready Cove
defined by Lat. 38°04.984' N, Long. 75° 18.844' W; then running easterly along
the shore to a point at or near the eastern tip of an island defined by Lat.
38°04.905' N, Long. 75° 18.436' W; then running approximately 100° True to a
point at or near Big Bay Point defined by Lat. 38°04.766' N, Long. 75° 17.474'
W; then running southerly along the shore to the point of beginning.
(l) All of the waters of Johnson Bay and Rowley Cove enclosed by a line
beginning at a point along the southern shore of Tizzard Island defined by Lat.
38°04.307' N, Long. 75°19.703' W; then running approximately 192° True to a
point defined by Lat. 38°04.296' N, Long. 75°19.706' W; then running
approximately 267° True to a point defined by Lat. 38°04.289' N, Long.
75°19.883' W; then running approximately 289° to a point defined by Lat.
38°04.459' N, Long. 75°20.491' W; then running approximately 314° True to a
point defined by Lat. 38°04.613' N, Long. 75°20.688' W; then running approximately
59° True to a point at or near the western shore of Tizzard Island defined by
Lat. 38°04.726' N, Long. 75°20.448' W; then running southerly along the shore
of Tizzard Island to the point of beginning.
(m) All of the waters of Chincoteague Bay enclosed by a line beginning
at a point at or near the shore of a cove on the east side of Mills Island
defined by Lat. 38°02.736' N, Long. 75°19.996' W; then running approximately
60° True to a point defined by Lat. 38°02.885' N, Long. 75°19.668' W; then
running approximately 28° True to a point defined by Lat. 38°03.170' N, Long.
75°19.479' W; then running approximately 347° True to a point at or near the
shore of a cove on the east side of Mills Island defined by Lat. 38°03.196' N,
Long. 75°19.486' W; then running southwesterly along the shore of Mills Island
to the point of beginning.
(n) All of the waters of Chincoteague Bay enclosed by a line beginning
at a point at or near the shore of a cove on the east side of Mills Island
defined by Lat. 38°02.197' N, Long. 75°21.135' W; then running approximately
137° True to a point defined by Lat. 38°02.114' N, Long. 75°21.031' W; then
running approximately 75° True to a point defined by Lat. 38°02.192' N, Long.
75°20.684' W; then running approximately 23° True to a point at or near the
shore of a cove on the east side of Mills Island defined by Lat. 38°02.500' N,
Long. 75°20.525' W; then running southwesterly along the shore of Mills Island
to the point of beginning.
(o) All of the waters of Chincoteague Bay and Sinepuxent Bay enclosed by
a line beginning at a point at or near the west side of Assateague Island near
the Maryland-Virginia state line defined by Lat. 38°01.591' N, Long. 75°15.159'
W; then running along the Maryland-Virginia state line approximately 264° True
to a point defined by Lat. 38°01.414' N, Long. 75°17.127' W; then running
approximately 30° True to a point defined by Lat. 38°02.048' N, Long.
75°16.661' W; then running approximately 74° True to a point defined by Lat.
38°02.110' N, Long. 75°16.392' W; then running approximately 32° to a point
defined by Lat. 38°02.786' N, Long. 75°15.871' W; then running approximately
352° True to a point defined by Lat. 38°04.191' N, Long. 75°16.126' W; then
running approximately 23° True to a point defined by Lat. 38°05.748' N, Long.
75°15.359' W; then running approximately 45° True to a point defined by Lat.
38°07.958' N, Long. 75°12.710' W; then running approximately 0° True to a point
defined by Lat. 38°11.172' N, Long. 75°12.676' W; then running approximately
45° True to a point defined by Lat. 38°11.849' N, Long. 75°11.829' W; then
running approximately 59° True to a point defined by Lat. 38°12.659' N, Long.
75°10.139' W; then running approximately 358° True to a point defined by Lat.
38°13.478' N, Long. 75°10.170' W; then running approximately 41° True to
a point defined by Lat. 38°13.779' N, Long. 75°09.844' W; then running
approximately 36° True to a point defined by Lat. 38°14.353' N, Long.
75°09.309' W; then running approximately 49° True to a
point at or near the shore of the south side of the MD Route 611 causeway
defined by Lat. 38°14.664' N, Long. 75°08.862' W; then running southerly along
the west shore of Assateague Island to the point of beginning.
(6) Anne Arundel
County. All of the waters of Old Colony Cove and
Herring Bay enclosed by a line beginning at a point at or near the shore of Old
Colony Cove at the entrance to Herrington Harbour defined by Lat. 38°43.691' N,
Long. 76°32.520' W; then running northwesterly along the shore of Old Colony Cove
to a point defined by Lat. 38°44.035' N, Long. 76°33.099' W; then running
approximately 121° True to a point defined by Lat. 38°43.750' N, Long. 76°32.494'
W; then running southwesterly along the jetty to the point of beginning.
(7) Calvert County.
(a) All of the waters of Rock Creek, Nan Cove and Patuxent River
enclosed by a line beginning at a point at or near the eastern shore of the
mouth of Rock Creek defined by Lat. 38°25.304' N, Long. 76°33.572' W; then
running along the shore to a point on the western shore of Rock Creek defined
by 38°25.307' N, Long. 76°33.680' W; then running approximately 121° True to a
point defined by 38°25.235' N, Long. 76°33.525' W; then running approximately
99° True to a point defined by Lat. 38°25.209' N, Long. 76°33.310' W; then
running approximately 59° True to a point defined by Lat. 38°25.254' N, Long.
76°33.215' W; then running approximately 34° True to a point defined by Lat.
38°25.334' N, Long. 76°33.147' W; then running approximately 308° True to a
point defined by Lat. 38°25.354' N, Long. 76°33.178' W; then running
approximately 182° True to a point at or near the western shore at the entrance
of Nan Cove defined by Lat. 38°25.338' N, Long. 76°33.179' W; then running
westerly along the shore to the point of beginning.
(b) All of the waters of Nan Cove, and Patuxent River enclosed by a line
beginning at a point at or near the western shore of Broomes Island defined by
Lat. 38°25.162' N, Long. 76°33.080' W; then running approximately 295° True to
a point defined by Lat. 38°25.173' N, Long. 76°33.110' W; then running
approximately 345° True to a point defined by Lat. 38°25.199' N, Long.
76°33.118' W; then running approximately 358° True to a point defined by Lat.
38°25.309' N, Long. 76°33.124' W; the running approximately 9° True to a point
at or near the eastern shore at the entrance of Nan Cove defined by Lat.
38°25.345' N, Long. 76°33.117' W; then running southerly along the shore to the
point of beginning.
(c) All the waters of Grapevine Cove and Patuxent River enclosed by a
line beginning at a point at or near the southern shore of Grapevine Cove
defined by Lat. 38°24.698' N, Long. 76°33.152' W; then running approximately
27° True to a point defined by Lat. 38°24.718' N, Long. 76°33.140' W; then
running approximately 143° True to a point defined by Lat. 38°24.658' N, Long.
76°33.083' W; then running approximately 23° True to a point defined by Lat.
38°24.797' N, Long. 76°33.007' W; then running approximately 353° True to a
point at or near the northern shore at the entrance of Grapevine Cove defined
by Lat. 38°25.010' N, Long. 76°33.043' W; then running southerly along the
shore to the point of beginning.
(d) All of the waters of Island Creek and Patuxent River enclosed by a
line beginning at a point at or near the eastern shore of Broomes Island
defined by Lat. 38°24.427' N, Long. 76°33.021' W; then running approximately
70° True to a point defined by Lat. 38°24.431' N, Long. 76°33.008' W; then
running approximately 8° True to a point defined by Lat. 38°24.510' N, Long.
76°32.993' W; then running approximately 40° True to a point defined by Lat.
38°24.601' N, Long. 76°32.894' W; then running approximately 58° True to a
point defined by Lat. 38°24.691' N, Long. 76°32.711' W; then running
approximately 326° True to a point at or near the western shore at the entrance
of Island Creek defined by Lat. 38°24.701' N, Long. 76°32.720' W; then running
southwesterly along the shore to the point of beginning.
(e) All of the waters of Island Creek, Rattlesnake Gut and Patuxent
River enclosed by a line beginning at a point at or near the shore defined by
Lat. 38°24.472' N, Long. 76°32.216' W; then running approximately 273° True to
a point defined by Lat. 38°24.474' N, Long. 76°32.261' W; then running
approximately 0° True to a point defined by Lat. 38°24.494' N, Long. 76°32.261'
W; then running approximately 288° True to a point defined by Lat. 38°24.506'
N, Long. 76°32.306' W; then running approximately 346° True to a point along
the shore defined by Lat. 38°24.526' N, Long. 76°32.312' W; then running
easterly along the shore to a point defined by Lat. 38°24.506' N, Long.
76°32.218' W; then running approximately 165° True to a point along the shore
defined by Lat. 38°24.483' N, Long. 76°32.210' W; then running southwesterly
along the shore to the point of beginning.
(f) All the waters of Rattlesnake Gut and Patuxent River enclosed by a
line beginning at a point at or near the shore defined by Lat. 38°24.525' N,
Long. 76°32.219' W; then running approximately 73° True to a point defined by
Lat. 38°24.540' N, Long. 76°32.152' W; then running approximately 334° True to
a point defined by Lat. 38°24.652' N, Long. 76°32.220' W; then running
approximately 248° True to a point at or near the western shore of Rattlesnake
Gut defined by Lat. 38°24.649' N, Long. 76°32.228' W; then running southerly
along the shore to the point of beginning.
(g) All the waters of Rattlesnake Gut and Patuxent River enclosed by a
line beginning at a point at or near the shore defined by Lat. 38°24.697' N,
Long. 76°32.208' W; then running approximately 160° True to a point defined by
Lat. 38°24.691' N, Long. 76°32.205' W; then running approximately 58° True to a
point defined by Lat. 38°24.708' N, Long. 76°32.169' W; then running
approximately 32° True to a point defined by Lat. 38°24.750' N, Long.
76°32.137' W; then running approximately 10° True to a point defined by Lat.
38°24.768' N, Long. 76°32.133' W; then running approximately 315° True to a
point defined by Lat. 38°24.779' N, Long. 76°32.147' W; then running
approximately 218° True to a point along the shore defined by Lat. 38°24.766'
N, Long. 76°32.159' W; then running southwesterly along the shore to the point
of beginning.
(h) All the waters of Rattlesnake Gut and Patuxent River enclosed by a
line beginning at a point at or near the shore defined by Lat. 38°24.723' N,
Long. 76°31.975' W; then running approximately 210° True to a point defined by
Lat. 38°24.705' N, Long. 76°31.988' W; then running approximately 303° True to
a point defined by Lat. 38°24.731' N, Long. 76°32.038' W; then running
approximately 9° True to a point defined by Lat. 38°24.797' N, Long. 76°32.025'
W; then running approximately 338° True to a point defined by Lat. 38°24.827'
N, Long. 76°32.041' W; then running approximately 289° True to a point defined
by Lat. 38°24.834' N, Long. 76°32.065' W; then running approximately 340° True
to a point defined by Lat. 38°24.844' N, Long. 76°32.070' W; then running
southeasterly along the shore to the point of beginning.
(i) All the waters of Grammers Cove and Patuxent River enclosed by a
line beginning at a point at or near the shore defined by Lat. 38°24.507' N,
Long. 76°31.265' W; then running approximately 283° True to a point defined by
Lat. 38°24.512' N, Long. 76°31.291' W; then running approximately 338° True to
a point defined by Lat. 38°24.624' N, Long. 76°31.349' W; then running
approximately 317° True to a point defined by Lat. 38°24.745' N, Long.
76°31.495' W; then running approximately 272° True to a point defined by Lat.
38°24.750' N, Long. 76°31.746' W; then running approximately 348° True to a
point along the shore defined by Lat. 38°24.765' N, Long. 76°31.751' W; then
running southeasterly along the shore to the point of beginning.
(j) All of the waters of Patuxent River enclosed by a line beginning at
a point at or near the western shore of Hungerford Creek defined by Lat.
38°20.985' N, Long. 76°28.265' W; then running approximately 239° True to a
point defined by Lat. 38°20.974' N, Long. 76°28.289' W; then running approximately
320° True to a point defined by Lat. 38°21.028' N, Long. 76°28.348' W; then
running approximately 345° True to a point defined by Lat. 38°21.046' N, Long.
76°28.353' W; then running approximately 40° True to a point at or near the
shore defined by Lat. 38°21.070' N, Long. 76°28.328' W; then running
southeasterly along the shore to the point of beginning.
(k) All of the waters of Patuxent River enclosed by a line beginning at
a point east of Ship Point defined by Lat. 38°19.450' N, Long. 76°26.701' W; then
running approximately 176° True to a point defined by Lat. 38°19.428' N, Long.
76°26.698' W; then running approximately 83° True to a point defined by Lat.
38°19.478' N, and Long. 76°26.205' W; then running approximately 1° True to a
point at or near the southern shore of Drum Point defined by Lat. 38°19.512' N,
Long. 76°27.204' W; then running westerly along the shore to the point of
beginning.
(8) Kent County.
(a) All of the waters of Rock Hall Harbor enclosed by a line beginning
at a point at or near the shore at Lat. 39°07.840’N, Long. 76°14.697’W; then
running approximately 280° True along the jetty to a point defined by Lat.
39°07.868’ N, Long. 76°14.856’ W; then running approximately 280° True to a
point at or near the jetty defined by 39°07.876’ N, Long. 76°14.920’ W; then
running northwesterly along the jetty to a point at or near the shore defined
by Lat. 39°07.964’ N, Long. 76°15.008’W; then running northeasterly along the
shore to the point of beginning.
(b) All of the waters of Huntingfield Creek, Rock Hall Harbor and
Chesapeake Bay enclosed by a line beginning at a point at or near the shore on
the north side of Huntingfield Point defined by Lat. 39°07.122’ N, Long.
76°14.827’ W; then running approximately 3° True to a point at or near the jetty
defined by Lat. 39°07.850’ N, Long. 76°14.760’ W; then running approximately
103° True along the jetty to a point at or near the shore defined by Lat.
39°07.840’ N, Long. 76°14.697’ W; then running south along the shore to the
point of beginning.
(c) All the waters of Chesapeake Bay, Chester River and Wilson Pond
enclosed by a line beginning at a point at or near the shore on the western
side of Wilson Point defined by Lat. 39°03.192’ N, Long. 76°13.635’ W; then
running approximately 259° True to a point defined by Lat. 39°03.083’ N, Long.
76°14.328’ W; then running approximately 19° True to a point defined by Lat.
39°03.544’ N, Long. 76°14.122’ W; then running approximately 6° True to a point
defined by Lat. 39°04.119’ N; Long. 76°14.042’ W; then running approximately 7°
True to a point at or near the shore defined by Lat. 39°04.997’ N, Long.
76°13.891’ W; then running south along the shore to the point of beginning.
(d) All the waters of Long Cove, Short Cove, Eastern Neck Narrows and
Chester River enclosed by a line beginning at a point at or near the shore on
the eastern side of Wilson Point defined by Lat. 39°03.171’N, Long. 76°13.586’
W; then running approximately 85° True to a point defined by Lat. 39°03.174’ N,
Long. 76°13.543’ W; then running approximately 25° True to a point at or near
the shore defined by Lat. 39°03.306’ N, Long 76°13.465’ W; then running
approximately 75° True to a point at or near the shore defined by Lat.
39°03.334’ N, Long. 76°13.330’ W; then running northwesterly along the shore to
the point of beginning.
(e) All of the waters of Calfpasture Cove, Tubby Cove, Eastern Neck
Narrows, and Chester River enclosed by a line beginning at a point at or near
the shore on the west side of Ingleside defined by 39°02.731’ N, Long. 76°14.198’
W; then running approximately 297° True to a point defined by Lat. 39°02.817’
N, Long. 76°14.414’ W; then running approximately 49° True to a point defined
by Lat. 39°02.997’ N, Long 76°14.146’ W; then running approximately 125° True
to a point defined by Lat. 39°02.898’ N, Long 76°13.965’ W; then running
approximately 65° True to a point defined by Lat. 39°03.015’ N, Long.
76°13.644’ W; then running approximately 39° True to a point defined by Lat.
39°03.164’ N, Long. 76°13.487’ W; then running approximately 28° True to a
point defined by Lat. 39°03.285’ N, Long. 76°13.406’ W; then running
approximately 79° True to a point at or near the shore south of the Eastern
Neck Narrows defined by Lat. 39°03.295’ N, Long. 76°13.340’ W; then running
southwesterly along the shore to the point of beginning.
(f) All of the waters of Frying Pan Cove, Eastern Neck Narrows and
Chester River enclosed by a line beginning at a point at or near the shore on
the north side of Eastern Neck Island defined by Lat. 39°02.909’ N, Long.
76°12.972’ W; then running approximately 11° True to a point defined by Lat.
39°03.201’ N, Long. 76°12.902’ W; then running approximately 293° True to a
point defined by Lat. 39°03.312’ N, Long. 76°13.246’ W; then running
approximately 264° True to a point at or near the shore along the Eastern Neck
Island Road Bridge defined by Lat. 39°03.305’ N, Long. 76°13.330’ W; then
running southeasterly along the shore to the point of beginning.
(g) All of the waters of Church Creek, Eastern Neck Narrows and Chester
River enclosed by a line beginning at a point at or near the shore northeast of
the Eastern Neck Island Bridge defined by Lat. 39°03.363’ N, Long. 76°13.308’
W; then running approximately 103° True to a point defined by Lat. 39°03.271’
N, Long. 76°12.807’ W; then running approximately 17° True to a point defined
by Lat. 39°03.371’ N, Long. 76°12.770’ W; then running approximately 293° True
to a point at or near the shore defined by Lat. 39°03.487’ N, Long. 76°13.124’
W; then running southwesterly along the shore to the point of beginning.
(9) Queen Anne's
County.
(a) All of the waters of Crab Alley Bay enclosed by a line beginning at
a point at or near the shore northwest of Normans Point defined by Lat.
38°55.478' N, Long. 76°15.870' W; then running approximately 309° True to a
point at or near the shore on the southeast side of Little Creek defined by
Lat. 38°56.169' N, Long. 76°16.955' W; then running easterly along the shore to
the point of beginning.
(b) All of the waters of Crab Alley Bay and Eastern Bay enclosed by a
line beginning at a point at or near the western shore of Normans Point defined
by Lat. 38°55.156' N, Long. 76°15.481' W; then running approximately 294° True
to a point at or near the shore defined by Lat. 38°55.211' N, Long. 76°15.641'
W; then running easterly along the shore to the point of beginning.
(c) All of the waters of Hoghole Creek and Prospect Bay enclosed by a
line beginning at a point at or near the western shore of Piney Neck defined by
Lat. 38°54.620' N, Long. 76°12.301' W; then running approximately 345° True to
a point defined by Lat. 38°55.957' N, Long. 76°12.766' W; then running
approximately 20° True to a point at or near the south shore of Brian Point
defined by Lat. 38°56.019' N, Long. 76°12.744' W; then running southeasterly
along the shore to the point of beginning.
(d) All of the waters of Wye River enclosed by a line beginning at a
point at or near the eastern shore of Wye Island east of Drum Point defined by
Lat. 38°52.810' N, Long. 76°10.756' W; then running approximately 73° True to a
point at or near the shore defined by Lat. 38°52.857' N, Long. 76°10.565' W;
then running southerly along the shore to the point defined by Lat. 38°52.822'
N, Long. 76°10.565' W; then running approximately 137° True to a point at or
near the shore defined by Lat. 38°52.762' N, Long. 76°10.493' W; then running
westerly along the shore to the point of beginning.
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 02
FISHERIES SERVICE
08.02.01 General
Authority: Natural Resources Article, §4-407, Annotated Code of
Maryland
Notice of Proposed Action
[23-206-P]
The Secretary of Natural Resources proposes to amend Regulation .13 under COMAR 08.02.01 General.
Statement of Purpose
The purpose of this action is to simplify the language and
prohibit the use of projectile fishing gear in all Fishery Management Areas
(FMAs). Current regulations define legal projectile fishing gear as archery
equipment, gig, spear, and spear gun. Current regulations prohibit the use of
projectile gear in many Fishery Management Public Fishing Areas or sections of
FMAs due to restrictions on public access, restrictions in trout management
waters, and safety zone distance. The areas where the gear may be used legally
are few, small in size, and can be difficult to identify and enforce. This has
led to confusion among stakeholders and enforcement personnel.
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 Gear—Projectile Gear in Fishery Management
Public Fishing Areas Regulations, Regulatory Staff, Department of Natural
Resources, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or
email to Submit comment to
https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#proj_fma, no
fax. . Comments will be accepted through November 6, 2023. A public hearing has
not been scheduled.
.13 Fishery Management Areas.
A.—D. (text unchanged)
E. Projectile fishing gears, as described in COMAR 08.02.25.02
and .03, are prohibited in all Fishery Management Areas.
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 02
FISHERIES SERVICE
08.02.05 Fish
Authority: Natural Resources Article, §4-215, Annotated Code of
Maryland
Notice of Proposed Action
[23-209-P]
The Secretary of Natural Resources proposes to amend Regulation .21 under COMAR 08.02.05 Fish.
Statement of Purpose
The purpose of this action is to update the commercial quota
information to reflect recent changes made by the Atlantic States Marine
Fishery Commission (ASMFC) and the Mid-Atlantic Fishery Management Council
(MAFMC). The annual total allowable landings of black sea bass for the
commercial fishery is set by the Atlantic States Marine Fisheries Commission
and shall be published through a public notice. Due to changes made by
ASMFC/MAFMC, the Maryland commercial black sea bass quota is no longer
necessarily 11 percent of the coastal quota as currently written in COMAR. The
Department will publish the quota as established by those agencies when it is available
through a public notice on the Department’s website, as well as sending it out
to the Department’s email listserv and social media accounts. More information
about the ASMFC/MAFMC action is available here:
https://www.federalregister.gov/documents/2023/03/09/2023-04588/magnuson-stevens-fishery-conservation-and-management-act-provisions-fisheries-of-the-northeastern.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Black Sea Bass Regulations, Regulatory Staff,
Department of Natural Resources, 580 Taylor Ave, E4, Annapolis, MD 21401, or
call 410-260-8300, or submit comments to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#bsb.
Comments will be accepted through November 6, 2023. A public hearing has not
been scheduled.
.21 Black Sea Bass.
A. (text unchanged)
B. Commercial.
(1) (text unchanged)
(2) Quotas.
[(a) The annual quota for Maryland is 11 percent
of the annual Atlantic coast quota determined by the National Marine Fisheries Service.]
(a) Statewide Quota.
(i) The annual total
allowable landings of black sea bass for the commercial fishery is set by the
Atlantic States Marine Fisheries Commission and shall be published through a
public notice issued in accordance with §F of this regulation.
(ii) Any annual overages of the
quota will be deducted from the subsequent year’s quota.
(b) (text unchanged)
C.—F. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 02
FISHERIES SERVICE
Notice of Proposed Action
[23-190-P]
The Secretary of Natural Resources proposes to:
(1) Adopt new Regulation .31
under COMAR 08.02.05 Fish; and
(2) Amend Regulation .03
under COMAR 08.02.12 Endangered and Threatened Fish Species.
Statement of Purpose
The purpose of this action is to declare longnose gar as “in need
of conservation” and establish a creel limit for the species. Currently, there
is no creel or size limit, or season for possession, established for longnose
gar in Maryland. This action proposes a creel limit of one longnose gar per
person from April 15 through June 30 and a creel limit of five longnose gar per
person from July 1 through April 14. This creel limit would apply to both
recreational anglers and commercial harvesters. These regulations would mirror
the recreational creel limits in Virginia to provide consistency with adjacent
jurisdictions and provide heightened protections during the spawning period
when gar are more vulnerable to harvest due to their tendency to gather in large
groups to spawn.
For a species to be designated as "in need of
conservation" in the tidal waters of Maryland, the Department must conduct
an investigation and develop information relating to population, distribution,
habitat needs, limiting factors, and other biological and ecological data to
determine conservation measures necessary for the species’ continued ability to
sustain itself successfully. Near the northern edge of its Atlantic coast
range, longnose gar is a native species to Maryland. It is one of seven species
of an ancient family of fishes that pre-date the dinosaurs and are found only
in North America. In Maryland, longnose gar has been reported from southerly
tidal freshwaters of the Chesapeake Bay, including the Potomac, Pocomoke,
Nanticoke, Wicomico, and Choptank Rivers. Its restricted distribution in
Maryland and its life history aspects can make this species particularly
vulnerable to population declines and possibly extirpation if mortality rates
increase. Because it is a native, top predator in Maryland's tidal freshwater,
the species must be protected and managed sustainably.
Longnose gar is a member of Lepisosteidae and an endemic component
of North American fish faunal assemblages. The small family of primitive fishes
has existed for over 100 million years in North America, remaining nearly
indistinct evolutionarily from extinct ancestors. Some evolutionarily derived
characteristics, such as a special scale type called ganoid, are found only
within the family and nowhere else within the over 25,000 species of bony
fishes. Additionally, juveniles possess a heterocercal tail filament, which is
an extension of the vertebral column, that further develops to an abbreviated
heterocercal tail as it matures, making it relatively unique among all bony
fishes except sturgeon and paddlefish.
The species can be characterized with a periodic life history
strategist that has effectively evolved to take advantage of predictable,
large-scale changes in the environment (e.g., seasons, tide) and highly
variable juvenile mortality. In the Chesapeake Bay watershed, adults can be
large (up to 5 feet), relatively old (up to 27 years), and reach sexual
maturity after 3 (male) or 6 (female) years, with females producing a lot of
eggs (average — 33,971 eggs) during a limited time span. During the spring
spawning season (May — June), adults will congregate in shallow, freshwater
bays for spawning. Groups of adults can lie motionless near the water's surface
in slow water, bays, or coves and in waters with submerged aquatic vegetation
or submerged wood to which their eggs adhere. According to research published
for York River (Chesapeake Bay), longnose gar may remain in spawning areas for
1 month. Longnose gar tend to occupy mid-channel or riverside habitats for the
rest of the year. These characteristics make adults highly vulnerable during a
short period (May — June) and, because of their life history strategy, highly
vulnerable as a species to increases in adult mortality rates and threats to
environmental stability.
Anecdotally considered a "rough fish" by recreational
anglers, gar has been maligned as a competitor to the game and sport fish that
damages fishing gear, resulting in gar being thrown to shore to die rather than
harvested as table fare. The field guide of Fishes of the Chesapeake Bay noted
that longnose gar is considered to have "no food or recreational
value…[and] when caught, longnose gar are often thrown on the shore to
die." Gar is also a popular bowfishing target in Maryland and across the
southeastern United States and can be harvested in high numbers. While the
species was listed as a “species of greatest conservation need” in 2005 by the
Maryland Department of Natural Resources, no regulations were adopted to
prevent or limit the harvest of longnose gar in tidal waters. Because interest
in longnose gar and bowfishing has not historically been widely popular in
Maryland, regulations were not adopted to help protect the species.
However, the recent rise in popularity of bowfishing over the past
10 years has increased because of growing interest in shooting northern
snakehead and blue catfish. Recently, the Virginia Department of Wildlife
Resources reduced its creel limit of longnose gar from five fish per person
during their spawning season to one fish per person. In Maryland, more anglers
and archers may encounter longnose gar, and unregulated harvest of the species
may seriously threaten its conservation in Maryland waters.
Often called "living fossils," gars possess
characteristics that are now uncommon among fishes, making longnose gar a
unique feature of the Bay's ecosystem. The species includes:
• A special tail type (i.e., abbreviate heterocercal).
• Unique scales (i.e., ganoid scales).
• A unique, highly vascularized lung-like gas bladder that enables
it to "breathe air" when experiencing low dissolved oxygen.
In spite of its unique features and value to biodiversity and
ecological health in North American rivers, longnose gar has historically been
a target of eradication and control by both fishery managers and fishers
nationwide because of its unfounded reputation as a “trash fish.” Today, the
species and its family of fishes have widespread conservation interest among
fishery managers but may still be called a “trash fish” by the general public.
Partly, this is owed to limited commercial interest for the species. The meat
is palatable but rarely consumed today. In 2022, commercial landings of
longnose gar amounted to just over 1,900 pounds and only from the Nanticoke
River (primarily October through December). Additive mortality owed to
commercial harvest and potentially increasing recreational harvest, coupled
with a restricted range of longnose gar and a lack of information on stock
structure, could significantly compromise its conservation in Maryland waters.
During the spring spawning season, which can include April but
mainly in May and June, adults will congregate in shallow, freshwater bays for
spawning. Groups of adults can lie motionless near the water's surface in slow
water, bays, or coves and in waters with submerged aquatic vegetation or
submerged wood to which their eggs adhere. Because of these behaviors, many
spawning longnose gar can be harvested quickly. Unfortunately, the specialized
spawning season and habitat (i.e., lentic-like embayments or coves) of longnose
gar are shared with invasive fishes, northern snakehead and blue catfish
specifically, both of which are popular bowfishing targets. The Department
continues to encourage bowfishing for those invasive fishes but believes, based
on their life history and restricted range, that longnose gar require
additional protection by implementing a creel limit. Similar restrictions have
long been used to manage other species of conservation interest, such as
largemouth bass and striped bass, to significant positive effects.
The lack of authority for the Department to promulgate regulations
to protect longnose gar in tidal waters complicates management flexibility.
Legislative changes for fish management are usually more difficult, can occur
only once a year and do not allow the same degree of public involvement as
would a regulated management change. Regulated changes can be debated within
the Department advisory commissions and ad hoc work groups as data become
available and necessary midcourse corrections can be made as often as
necessary. The public process required for regulations also provides an open
forum for discussion of proposed fish management options. The present
regulatory structure is inadequate to deal with the problems of longnose gar
management in Maryland. Declaring the species “in need of conservation” under
Natural Resources Article, §4-2A-03, Annotated Code of Maryland, will allow the
Secretary of Natural Resources to engage the fishing public in discussion about
the need to “adopt limitations relating to taking, possession, transportation,
exportation, processing, sale or offer for sale, or shipment necessary to
conserve fish.”
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have
a minor indeterminable negative economic impact on commercial harvesters by
resulting in the harvesting of less longnose gar.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
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:
|
|
|
|
Commercial licensees
|
(-)
|
Indeterminable
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Recreational anglers and the general public
|
(+)
|
Indeterminable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Since 2019, commercial licensees have reported harvesting 3
pounds (2019), 3 pounds (2020), 120 pounds (2021), and 1,922 pounds (2022)
respectively. Licensees will still be allowed to harvest five gar per day from
July 1 through April 1 (which covers the period when harvest was reported). It
is not clear how much the catch limit will reduce commercial harvest, but the
reduction is likely to be minor, especially given that commercial harvest was
already very low.
F. Placing a catch limit on gar will ensure their continued
ability to sustain themselves successfully in Maryland’s tidal waters.
Recreational anglers will benefit by being able to pursue the species and the
general public will benefit by continuing to have a native species as part of
the ecosystem. There is no way to put a specific economic value on the presence
of a species, but the general public has repeatedly expressed an interest in
maintaining biodiversity.
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 Longnose Gar Regulations, Regulatory
Staff, Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD
21401, or call 410-260-8300, or submit comments to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#gar.
Comments will be accepted through November 6, 2023. A public hearing has not
been scheduled.
08.02.05 Fish
Authority: Natural Resources Article, §4-2A-03, Annotated Code of
Maryland
.31 Longnose Gar.
A person may not catch or possess more than:
A. One longnose gar per day from April 15 through June 30; or
B. Five longnose gar per day from July 1 through April 14.
08.02.12 Endangered and Threatened Fish Species
Authority: Natural Resources Article, §4-2A-03, Annotated Code of
Maryland
.03 Listing of Species.
A. The following species are listed as in need of conservation:
(1)—(18) (text unchanged)
(19) Jonah crab (Cancer borealis); [and]
(20) Cobia (Rachycentron canadum)[.]; and
(21) Longnose gar (Lepisosteus osseus).
B. (text unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Subtitle 02
FISHERIES SERVICE
08.02.15 Striped Bass
Authority: Natural Resources Article, §§4-215, 4-2A-03, and 4-701,
Annotated Code of Maryland
Notice of Proposed Action
[23-193-P]
The Secretary of Natural Resources proposes to amend Regulations .04, .05, and .07 under COMAR 08.02.15 Striped Bass.
Statement of Purpose
The purpose of this action is to eliminate the Chesapeake Bay
common pool commercial striped bass fishery. Doing this will mean that all
individuals participating in the commercial striped bass fishery in the Chesapeake
Bay would then participate in the individual transferrable quota (ITQ) fishery.
The Chesapeake Bay common pool fishery represents a small fraction of the
striped bass commercial industry overall. This derby style fishery depends on
timely harvest reporting to adhere to quotas. As the common pool has continued
to get smaller over time due to fewer individuals electing this option, it has
become increasingly difficult to manage the shrinking quota. The common pool
fishery is a holdover for those permit holders who were extremely reluctant to
join the ITQ in 2014. In 2023, the common pool fishery functions more like a
“bonus fishery” for families that harvest in the ITQ fishery to add a little
extra to their annual harvest. However, the smaller derby-fishery quota also
increases the risk of overharvesting because there is less room for error.
Eliminating the Chesapeake Bay common pool fishery will increase the
Department’s ability to accurately manage the overall commercial harvest of
striped bass in the Chesapeake Bay while lowering the Department’s
administrative responsibilities.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action may have
an indeterminable positive or negative economic impact on individuals who have
previously elected to participate in the Chesapeake Bay common pool commercial
striped bass fishery. The proposed action will have an indeterminable positive
impact on the Department due to less administrative responsibilities.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Department of Natural
Resources
|
(E-)
|
Indeterminable
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
(1) Former common pool
participants
|
(+)
|
Indeterminable
|
|
(2) Former common pool
participants
|
(-)
|
Indeterminable
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. This action will result in lower administrative burdens for the
Department. By only managing one type of commercial striped bass fishery in the
Chesapeake Bay, managers will only have to order one type of tags and flags for
the Chesapeake Bay. Additionally, managers will no longer have to evaluate
daily catch levels when the common pool is open to determine if future openings
are necessary. It is not possible to determine the ultimate expenditure
reduction that will be realized by simplifying the Chesapeake Bay commercial
striped bass management structure.
D(1). Some former participants in the common pool fishery may
experience a positive economic benefit from switching to the individual
transferrable quota fishery. Individuals in the individual transferrable quota
fishery are able to time their fishing efforts to when market price is most
advantageous; common pool participants are only able to fish when the
Department opens the season, which is not timed to the market.
D(2). Some former participants in the common pool fishery may
experience a negative economic impact. This is because the benefit of the
common pool was that each individual contributed the totality of their yearly
allocation to the collective quota. This led to some individuals over the
course of the year being able to harvest more pounds of striped bass than they
had contributed to the communal pot. Those individuals will now be limited only
to their yearly allocation in the individual transferrable quota fishery. The
only way they will be able to catch more striped bass in the future will be to
obtain additional allocation or share through a transfer, which will likely
cost some amount of money.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
This action may have long-term positive impacts on small
businesses that harvest, process, and deal in striped bass by allowing all
commercial licensees to better time their fishing activities to market
conditions.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Common Pool Regulations, Regulatory Staff,
Department of Natural Resources, 580 Taylor Ave E-4, Annapolis, MD 21401, or
call 410-260-8300, or submit comments to https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#sbass.
Comments will be accepted through November 6, 2023. A public hearing has not
been scheduled.
.04 Tidal Fish Licensee Intent to Fish.
A. (text unchanged)
B. Registration Procedures.
(1) (text unchanged)
(2) Registration Type.
(a) When registering for a striped bass permit, a commercial tidal
fish licensee shall specify and may be authorized to fish in one of the
following fisheries:
[(i) Chesapeake Bay common pool;]
[(ii)] (i)—[(iii)] (ii) (text unchanged)
(b) (text unchanged)
[(c) A commercial tidal
fish licensee may not possess striped bass permits registered in both the
Chesapeake Bay common pool fishery and the Chesapeake Bay individual
transferrable quota fishery.]
[(d)] (c) (text unchanged)
[(e)] (d) A striped bass
permit registered in [a] the
Chesapeake Bay individual transferrable
quota fishery as of May 10, 2013, may not be changed to a striped bass
permit registered to the Atlantic Ocean fishery.
C. (text unchanged)
D. Commercial Fisheries.
[(1) Chesapeake Bay Common Pool Fishery.
(a) In the common pool fishery, the following gear types may be
used to harvest striped bass in accordance with a tidal fish license
authorization as described in Natural Resources Article, §4-701, Annotated Code
of Maryland:
(i) Drift gill net; and
(ii) Hook and line.
(b) An individual may only register for the common pool fishery if
the individual possesses a share of the Chesapeake Bay fisheries equal to at
least 0.0185 percent of the commercial quota for the Chesapeake Bay.
(c) The quota for the common pool fishery shall be the combined
allocations of all permittees who register for the common pool fishery.
(d) An individual who registers more than one permit in the common
pool fishery may land fish under a permit only if that individual possesses a
share of the Chesapeake Bay fisheries equal to at least 0.0185 percent of the
commercial quota for the Chesapeake Bay for that permit.]
[(2)] (1)—[(3)] (2) (text unchanged)
E. (text unchanged)
F. Temporary Transfers.
(1)—(3) (text
unchanged)
[(4) Chesapeake Bay Common Pool Fishery. A striped bass
permit registered in the common pool fishery may only be temporarily
transferred:
(a) Prior to the start of the quota year, from July 15 through
September 15, or the next business day if September 15 falls on a weekend; or
(b) During the quota year within the time period established by
public notice in accordance with §H of this regulation.]
[(5)] (4)—[(6)] (5) (text
unchanged)
[(7)]
(6) Allocation may not be transferred between [either of] the Chesapeake Bay [fisheries] individual
transferrable quota fishery and the Atlantic Ocean fishery.
[(8) Allocation may not be transferred between the
Chesapeake Bay common pool and individual transferrable quota fisheries.]
[(9)] (7)—[(10)]
(8) (text unchanged)
G. Permanent Transfers.
(1)—(5) (text unchanged)
(6) A commercial tidal fish licensee registered in [either of] the Chesapeake Bay [fisheries] individual
transferrable quota fishery may not receive a share in a permanent transfer
that would result in the transferee possessing more than 1 percent of the total
commercial quota for the Chesapeake Bay [fisheries].
(7) The transfer limit described in [§G(6)(b)] §G(6) of this regulation does not apply
to a transaction where the transferee also receives the transferor’s commercial
tidal fish license.
(8)—(9) (text unchanged)
(10) A transferee receiving a striped bass permit registered in [a]
the Chesapeake Bay individual transferrable quota fishery
through a permanent transfer may not have that authorization changed to a
striped bass permit registered in the Atlantic Ocean fishery.
(11) A transferee receiving a striped bass permit registered in the
Atlantic Ocean fishery through a permanent transfer may not have that
authorization changed to a striped bass permit registered in [a]
the Chesapeake Bay individual transferrable quota fishery.
(12) A transferee receiving a share of [a] the Chesapeake Bay individual
transferrable quota fishery through a permanent transfer may not transfer
that share to the Atlantic Ocean fishery.
(13) A transferee receiving a share of the Atlantic Ocean fishery
through a permanent transfer may not transfer that share to [a]
the Chesapeake Bay individual transferrable quota fishery.
H. (text unchanged)
.05 Disposition of Catch.
A. Permits and Tags.
(1) (text unchanged)
(2) A commercial tidal fish licensee who catches striped bass for
sale shall:
(a) (text unchanged)
(b) In the [Chesapeake
Bay common pool and] Atlantic [fisheries] fishery, securely affix
a tag issued by the Department to the licensee, as provided in §A(1) of this
regulation, or a tag received through a transfer, through the mouth and one
gill opening:
(i)—(iii) (text unchanged)
(c)—(d) (text unchanged)
(3)—(8) (text unchanged)
B.—C. (text unchanged)
D. Check-In.
(1) Time Requirements — [Chesapeake
Bay Common Pool and] Atlantic [Fisheries] Fishery.
[(a) Except as provided
in §D(1)(b) of this regulation, within]
Within 3 hours of completing a
fishing trip and returning to dock,
and not later than 9 p.m. on the day of harvest, a commercial tidal fish licensee
registered in the [Chesapeake Bay
common pool fishery or the] Atlantic
fishery shall have [his] their
striped bass harvest counted and weighed by a Department representative at a
check station.
[(b) Not later than 9
p.m. on the day of harvest or 9 a.m. on the day immediately following harvest,
a commercial tidal fish licensee registered in the Chesapeake Bay common pool
fishery and harvesting striped bass with a hook and line shall have his striped
bass harvest counted and weighed by a Department representative at a check
station.]
(2)—(3) (text unchanged)
(4) At check-in, the Department representative shall:
(a)—(c) (text unchanged)
(d) [If the commercial
tidal fish licensee is registered in the Chesapeake Bay Individual
Transferrable Quota fishery or the Atlantic Ocean fishery, adjust] Adjust
the remaining annual allocation by subtracting the total daily harvest.
.07 Commercial Fishery.
A. Chesapeake Bay and Its Tidal Tributaries.
(1)—(2) (text unchanged)
(3) Seasons.
[(a) The commercial seasons for taking striped bass for
permittees registered in the Chesapeake Bay common pool fishery are as follows:
(i) The hook and line season is June 1 through November 30; and
(ii) The drift gill net season is December 1 through the last day
of February.
(b)] The commercial seasons for taking striped bass for
permittees registered in the Chesapeake Bay individual transferrable quota
fishery are as follows:
[(i)] (a)—[(iv)] (d) (text unchanged)
(4) The Secretary shall allocate the annual target harvest for the
following fisheries:
[(a) Chesapeake Bay Common Pool;]
[(b)] (a)—[(c)] (b) (text
unchanged)
[(5) For the common pool fishery, the Secretary may allocate
the number of pounds for each month based on the:
(a) Historical distributions of quota by month; or
(b) Recommendations from the Striped Bass Ad Hoc Advisory Group.]
[(6)] (5)—[(7)] (6) (text unchanged)
[(8)] (7)
A flag specified by the Department shall be displayed on the vessel at least 3
feet above the surface on which it is mounted and clearly visible to
approaching vessels if the individuals on board are engaged in commercial
striped bass fishing to denote whether the individuals on board are
participating in the [common pool or
the] Chesapeake Bay individual transferrable
quota [fisheries] fishery.
B. (text unchanged)
C. Drift Gill Net Fishery Limitations.
(1) (text unchanged)
(2) In the tidal waters of the Chesapeake Bay and its tributaries:
(a) (text unchanged)
(b) The total length of drift gill net aboard a boat may not exceed
3,500 yards and may not be contained in more than ten containers; and
[(c) The amount of striped bass on board a vessel
participating in the Chesapeake Bay common pool fishery may not exceed 2,000
pounds on any day, regardless of the number of licensees with a striped bass
permit for gill net on board the vessel; and]
[(d)]
(c) (text unchanged).
(3)—(4) (text
unchanged)
[(5) Except for the last
Saturday and Sunday of the month of February, only a permittee registered in
the Chesapeake Bay Individual Transferable Quota Fishery may set a drift gill
net on Saturday or Sunday.]
[(6)] (5)—[(8)] (7)
(text unchanged)
D. Commercial Hook and Line Fishery Limitations.
[(1) Except as provided in §D(4) of this regulation, a total
of two crew members may assist a commercial tidal fish licensee registered in
the Chesapeake Bay common pool fishery to catch striped bass with hook and
line.
(2) Except as provided in §D(4) of this regulation, a maximum of 4
individuals, including crew members, may be present on a vessel which is
engaged in commercial hook and line fishing in the Chesapeake Bay common pool
fishery.
(3)] While using commercial hook and line, a person may not
catch or attempt to catch striped bass:
[(a) In the Chesapeake Bay common pool fishery:
(i) Between 1 hour before sunset and 1 hour before sunrise; or
(ii) At any time on a Friday, Saturday, or Sunday; or
(b) In the Chesapeake Bay individual transferable quota fishery:]
[(i)] (1) Between [one] 1
hour after sunset and 1 hour before sunrise; or
[(ii)] (2)
(text unchanged)
[(4) Children 12 years
old or younger may be on board a vessel engaged in commercial hook and line
fishing in addition to any crew members and licensees as described in §D(1) and
(2) of this regulation.]
E. (text unchanged)
F. General.
(1)—(3) (text unchanged)
(4) [Overage Deductions.]
[(a)] If a commercial tidal fish licensee registered in the Chesapeake
Bay individual transferable quota or Atlantic fishery exceeds the licensee’s
allocation, that overage may be deducted from the allocation the licensee
receives in the next practicable quota year.
[(b) If the participants
in the Chesapeake Bay common pool fishery exceed the common pool allocation in
a quota year, the total overage shall be averaged among the licensees who
reported catch in the Chesapeake Bay common pool fishery and deducted from
those licensees in the next practicable quota year.]
(5)—(6) (text
unchanged)
JOSH KURTZ
Secretary of Natural
Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 27 BOARD OF NURSING
10.27.01 Examination and
Licensure
Authority: Health Occupations Article, §§8-205, 8-206, 8-302,
8-304, and
8-308, Annotated Code of Maryland
Notice of Proposed Action
[23-216-P]
The Secretary of Health proposes to amend Regulation .05 under COMAR 10.27.01 Examination and Licensure. At this time, the
Secretary of Health also withdraws the amendments to Regulation .05 under COMAR 10.27.01 Examination and Licensure that were proposed in
50:13 Md. R. 532—533 (June 30, 2023).
Statement of Purpose
The purpose of this action is to revise the English language
proficiency examinations accepted by the Maryland Board of Nursing and to
outline overall and minimum passing section scores.
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 Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through November 6, 2023. A public hearing has not been scheduled.
.05 Qualifications of Applicants for Examination.
A.—B. (text unchanged)
C. Applicants who are unable to
prove written and oral competency in the English language in accordance with
Health Occupation Article, §8-302(e)(2) or (4), Annotated Code of Maryland,
shall submit evidence of proficiency in listening, reading, speaking, and
writing the English language by obtaining a minimum passing score on one of the
following Board-approved English language competency examinations:
(1) Test of English as a Foreign Language Internet Based Test
(TOEFL iBT) with minimum passing scores of:
(a) Listening — [22] 21;
(b) Reading — [22] 19;
(c) Speaking — 26; [and]
(d) Writing — [24; or] 19;
and
(e) Overall score of at least 84;
(2) International English Language Testing System (IELTS) with
minimum passing scores of:
(a)—(b) (text unchanged)
(c) Speaking — [7] 6;
(d) (text unchanged)
(e) Overall score of at least 6.5[.];
(3)
Michigan English Test (MET) with minimum passing scores of:
(a) Listening — 53;
(b) Reading — 53;
(c) Speaking — 53; and
(d) Writing — 53;
(4) Pearson Test of
English (PTE) Academic with minimum passing scores of:
(a) Listening — 50;
(b) Reading — 50;
(c) Speaking — 50;
(d) Writing — 50; and
(e) Overall score of at least 55; or
(5) Occupational English Test (OET) with minimum passing scores
of:
(a) Listening — 300;
(b) Reading — 300;
(c) Speaking — 300; and
(d) Writing — 300.
D. (text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 29 BOARD OF MORTICIANS AND FUNERAL DIRECTORS
Notice of Proposed Action
[23-222-P]
The Secretary of Health proposes to amend:
(1) Regulation .03
under COMAR 10.29.02 Examination;
(2) Regulation .03
under COMAR 10.29.03 Inspection of Funeral
Establishments; and
(3) Regulation .03
under COMAR 10.29.04 Fee Schedule.
This action was considered by the Board of Morticians and Funeral
Directors at a public meeting held on October 12, 2022, notice of which was
given by publication on the Board’s website at
https://health.maryland.gov/bom/Pages/home.aspx pursuant to General Provisions
Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Remove the incorrect examination fee from COMAR 10.29.02.03C;
(2) Add language that the requirements for a funeral establishment
license must be completed within 6 months of application submission;
(3) Add a provision for application extension requests;
(4) Correct the inaccurate cross references in COMAR 10.29.04.03;
and
(5) Add a provision that application fees are non-refundable.
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 Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through November 6, 2023. A public hearing has not been scheduled.
10.29.02 Examination
Authority: Health Occupations Article, §7-304, Annotated Code of
Maryland
.03 Requirements for Examination.
An applicant shall:
A.—B. (text unchanged)
C. Pay to the Board [a
$100] the examination fee set
forth under COMAR 10.29.04.02A.
10.29.03 Inspection of Funeral Establishments
Authority: Health Occupations Article, §§7-101, 7-205, and 7-310,
Annotated Code of Maryland
.03 Funeral Establishment Requirements.
A. (text unchanged)
B. The Board shall issue a funeral establishment license to a
funeral establishment that has:
(1) Complied with all applicable federal, State, and local laws, including the requirements set forth in
this chapter;
(2) Except as provided in §C of this regulation, completed all
requirements specified in this chapter within 6 months of application
submission;
[(2)] (3) (text unchanged)
[(3)] (4) Paid the non-refundable application fee and, when
applicable, the family security trust fund fee; and
[(4)] (5) (text unchanged)
C. Application Extension Request. To obtain approval from the
Board for an application extension, a funeral establishment shall:
(1) Submit, in writing to the Board, a one-time application
extension request not to exceed 90 days; and
(2) Explain the reason for the extension request.
[C.] D.—[H.] I. (text unchanged)
10.29.04 Fee Schedule
Authority: Health Occupations Article, §§7-205, 7-206, 7-303(b)(6),
7-304(e), 7-305(b)(1), 7-306(c), 7-308(a)(4), 7-308.1, 7-309(b)(4),
7-310(b)(1)(ii),
7-311(a)(4), 7-314(c)(2), 7-315(a)(3), and 7-321, Annotated Code of Maryland
.03 Terms.
A. Licensees shall pay to the Board of Morticians the fees set
forth in:
(1) Regulation [.02A(3)] .02C
of this chapter by April 30 of every year ending with an even number;
(2) Regulation [.02A(5)] .02E
of this chapter annually;
(3) Regulation [.02A(6),
(9), (12), and (14)] .02F, I, L, and N of this chapter by
November 30 of every year ending with an even number; and
(4) Regulation [.02A(8)] .02H
of this chapter by November 30 of every year ending with an even number;
B. The Board of Morticians and Funeral Directors shall prorate the
fees set forth in Regulation [.02A(2),
(7), (8), (10), and (12)] .02A, B, G, H, J, and L of this chapter
in 1-year intervals until the date of expiration.
C. All application fees are non-refundable.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 32 BOARD OF PHYSICIANS
10.32.01 General Licensure
Regulations
Authority: Health Occupations Article, §14-207, 14-317,
14-320, and
14-320.1, Annotated Code of Maryland
Notice of Proposed Action
[23-211-P]
The Secretary of Health proposes to amend Regulations .05, .11, and .12 under COMAR 10.32.01 General Licensure Regulations.
Statement of Purpose
The purpose of this action is to establish regulations for the
policy and procedures regarding initial application, renewal, reinstatement,
and fees for emeritus license status, an honorary license status for
physicians, and to update/restructure outdated fees.
Estimate of Economic Impact
I. Summary of Economic Impact. The Board anticipates an
annual revenue increase of approximately $100,000 by increasing current
application fees and creating a new fee-based application.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Board of
Physicians
|
(R+)
|
$100,000
|
|
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 approximately $100,000 increase to the Board’s annual
application fee revenue is based on the following assumptions:
(1) The inactive licensure status application revenue will phase
out as physicians opt to apply for the newly created emeritus status;
(2) Approximately 35 physicians will apply for emeritus status
each year ($4,200);
(3) The approximate number of physicians applying for inactive
status will drop from 40 to 5 each year ($1,100);
(4) Approximately 30 percent of the existing physicians with
inactive licenses will apply to renew their status or reinstate their license
($74,200); and
(5) Reinstatement of medical licensure application revenue will
increase as approximately 150 physicians a year are subject to the application
fee increase ($15,000).
The Board’s most significant application fee changes affect the
small population of physicians who are no longer practicing in Maryland but
want to retain an honorary title.
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 Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through November 6, 2023. A public hearing has not been scheduled.
.05 Inactive and
Emeritus Licensure.
A. Inactive Status.
[A.] (1) A licensee in good standing who [wishes to maintain the licensee’s medical license but who
does not wish to] will not practice medicine in this
State may apply for inactive status.
[B.] (2) (text unchanged)
[C.] (3) A
licensee may apply for inactive status if the licensee has an unrestricted
active license to practice medicine in this State [and may also apply]
or is within 60 days of the
expiration of the licensee’s [medical]
unrestricted
active license.
(4) Renewal.
(a) An inactive status shall be renewed every 2 years.
(b) At the end of 2 years, a licensee with inactive status shall
complete the renewal application, and pay the renewal fee, and any charges set
by the Board.
(c) If the licensee fails to renew their inactive license for
any reason, the license will expire.
[D.] (5)
(text unchanged)
[E.] (6) A licensee on inactive
status shall have the duty to inform the Board by [electronic] email
or first-class mail of any of the circumstances listed in Regulation .03H(1)
and (2) of this chapter within 30 days of the occurrence of or notification
about these circumstances.
[F.] (7) (text
unchanged)
[G.] (8) [A physician whose license is
on inactive status and who wishes to practice medicine in Maryland shall apply
for reinstatement on a form supplied by the Board and meet requirements for
reinstatement in Regulation .11 of this chapter, including the continuing
medical education requirements. The physician is not licensed to practice
medicine until the license is reinstated.] To reinstate a license to active status, a licensee on inactive
status shall apply for reinstatement on a form supplied by the Board and meet
the requirements for reinstatement in Regulation .11 of this chapter, including
the continuing medical education requirements. The physician may not practice
medicine until the license is reinstated to active status.
B. Emeritus Status.
(1) A licensee who meets the requirements under §B(3) of this
regulation, who will not practice medicine in this State, and who is retired
from practicing medicine in this State may apply for emeritus status.
(2) A licensee applying for emeritus status shall complete the
emeritus application and pay the application fee as set by the Board.
(3) A licensee may apply for emeritus status if the licensee:
(a) Has practiced medicine in Maryland for at least 10 years;
(b) Has an active, unrestricted license to practice medicine in
Maryland or is within 60 days of the expiration of an active, unrestricted
license;
(c) Has never been the subject of disciplinary action that has
resulted in revocation or suspension of a medical license in any jurisdiction
in which they have been licensed to practice medicine;
(d) Is not under investigation by the Board; and
(e) Is in good standing.
(4) A licensee with emeritus status may not:
(a) Practice, offer to practice, or attempt to practice medicine
within Maryland;
(b) Delegate medical acts within Maryland;
(c) Prescribe medication within Maryland; or
(d) Conduct peer review of physicians within Maryland.
(5) A licensee with emeritus status shall complete the renewal
application and pay the emeritus renewal fee and any charges set by the Board
every third renewal cycle.
(6) A licensee on emeritus status shall have the duty to inform
the Board by email or first-class mail of any of the circumstances listed in
Regulation .03H(1) and (2) of this chapter, including a change of address,
within 30 days of the occurrence of or notification about these circumstances.
(7) The emeritus status of a licensee does not deprive the Board
of authority to institute or continue a disciplinary proceeding against a
licensee.
(8) To reinstate a license to active status, a physician whose
license is on emeritus status shall apply for reinstatement on a form supplied
by the Board and meet the requirements for reinstatement in Regulation .11 of
this chapter, including the continuing medical education requirements. The
physician may not practice medicine until the license is reinstated to active
status.
.11 Reinstatement of Expired, Emeritus, or Inactive Licenses.
A. A physician [whose
license has been placed on inactive status or] who has failed to renew
a license by the license expiration date [who wishes to practice
medicine in Maryland] and whose license has been placed on inactive
status or whose license has been placed on emeritus status shall
apply for reinstatement on a form supplied by the Board in order to resume the
practice of medicine in this State.
B.—E. (text unchanged)
[F. A physician applying for reinstatement shall also
provide a full, written explanation to the Board detailing the reasons why the
license was allowed to expire and why reinstatement is now sought.]
[G.] F.—[H.]
G. (text unchanged)
.12 Fees.
The fees are as follows:
[A. Examination fee for the United States Medical Licensing
Examination, Step 3 … $555;]
[B.] A. Application fees.
(1) Original physician or osteopath licensure application, American
and
foreign school graduate ... [$260] $310;
[(2) Original physician or osteopath licensure application,
foreign school graduate … $260;
(3) Foreign credentials evaluation … $100;]
[(4)] (2) Conceded eminence
application … [$300] $1,090;
[(5)] (3) (text unchanged)
[(6) Physician rehabilitation program … $50]
[(7)] (4) Physician inactive license …[$50] $218;
[(8)] (5)
(text unchanged)
(6) Physician emeritus license … $120;
[C.] B.
Renewal fees:
(1) Physician biennial license renewal ... [$436] $486;
[(2) Physician rehabilitation program fee … $50;
(3) Late renewal fee … $100;]
(2) Inactive biennial renewal fee … $218;
(3) Physician emeritus renewal fee … $120;
[D.] C. [Reinstatement
fees:] Physician reinstatement
fee … $700;
[(1) Physician reinstatement for applicants who were
eligible for renewal in the previous year ... $650;
(2) Physician reinstatement for applicants who were not eligible
for renewal in the previous year… $550;
(3) Physician rehabilitation program … $50;]
[E.] D. Other fees:
[(1) Replacement of wall license … $75;]
[(2)] (1) Replacement of [registration card] license
for a name change ... $25;
[(3) Registration of professional corporation … $50;]
[(4)] (2)— [(5)] (3) (text unchanged)
[(6) Yearly subscription to Facility Page … $1,000;
(7) CD-ROM of Board order … $700;]
[(8)] (4) [Tapes, diskettes, and
mailing labels] Electronic records ... $45 plus
$0.05 per record.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 43 BOARD OF CHIROPRACTIC
EXAMINERS
10.43.10 Continuing Education
Requirements
Authority: Health Occupations Article, §§3-308 and 3-313, Annotated
Code of Maryland
Notice of Proposed Action
[23-220-P]
The Secretary of Health proposes to amend Regulations .01—.05 and adopt new Regulation .06 under COMAR 10.43.10 Continuing Education Requirements. This action was
considered by the Board of Chiropractic Examiners at a public meeting held on November
4, 2021, notice of which was given by publication on the Board’s website at
Maryland Department of Health State Board of Chiropractic Examiners pursuant to
General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Add chiropractic assistants (registrants) to the chapter;
(2) Clarify the definition of “credit hour” and define “provider”;
(3) Clarify license renewal requirements and add registration
renewal requirements;
(4) Add instructor qualifications as a criteria for accreditation
and Board approval for continuing education courses and programs;
(5) Provide for a term of approval for a continuing education
course or program; and
(6) Add reinstatement requirements for licensees and registrants.
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 Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through November 6, 2024. A public hearing has not been scheduled.
.01 Scope.
This chapter governs continuing education for all individuals
licensed to practice chiropractic or
registered to practice as a chiropractic assistant in Maryland.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) "Credit hour" means 1 course or program hour.
(3)—(4) (text unchanged)
(5) “Provider” means an individual or group who designs and
develops continuing education courses or programs.
(6) “Registrant” means a chiropractic assistant who is
registered by the Board to perform duties authorized under COMAR 10.43.07.
.03 [License] Renewal Requirements.
A. License Renewal.
[A.] (1) A licensee shall satisfactorily complete 48 hours of
continuing education in the 2-year period before each renewal and provide
verification to the Board if requested.
[B.] (2) The licensee shall [obtain]:
(a) Obtain a minimum of:
[(1)] (i) 3 hours in approved
communicable-disease education, which includes AIDS/HIV, and sanitary
procedures;
[(2)] (ii) 1 hour in
diversity or cultural competency
education;
[(3)] (iii) (text unchanged)
[(4)] (iv) 1 hour in professional ethics or jurisprudence[.];
(b) Pay a renewal fee as set forth in COMAR 10.43.06; and
(c) Submit to the Board a renewal application accompanied by a
continuing education form that the Board requires.
B. Registration Renewal.
(1) A registrant shall satisfactorily complete 10 hours of
continuing education in the 2-year period before each renewal and provide
verification to the Board, if requested.
(2) The registrant shall:
(a) Pay a renewal fee as set forth in COMAR 10.43.06; and
(b) Submit to the Board a renewal application accompanied by a
continuing education form that the Board requires.
C. Hours may be in-person, home study, or online format.
D. Exemptions, Waivers, and Extensions.
(1) Individuals issued initial licensure or registration within
12 months of the renewal date are exempt from the continuing education (CEU)
requirements under this chapter for the first renewal cycle.
(2) Licensees and registrants with documented hardships seeking
an exemption, waiver, or extension from CEU requirements under this chapter
shall petition the Board in writing at least 90 days before the renewal date.
(3) The Board shall review the petition for an exemption,
waiver, or extension, and respond in writing to the licensee or registrant
within 30 days of the Board’s decision.
[C.] E. The Board may [refuse to renew] deny the license or registration renewal of any chiropractor or
chiropractic assistant who fails to comply with this chapter.
[D.] F. The Board shall
conduct an audit of licensees and
registrants before or during the renewal period to ensure compliance with
this chapter.
[E. Hours may be in
live, home study, or online format.]
G. Continuing education hours may not be carried over from one
renewal period to the next.
.04 Accreditation and Approval of Continuing Education.
A. The Board shall:
(1) Base accreditation and approval of continuing education courses and programs [solely upon] on their content and instructor qualifications; and
(2) Ensure that continuing education courses and programs are directed toward improvement, advancement,
and extension of professional skill and knowledge related to chiropractic.
B. Pre-Approved Providers.
(1) Pre-approved providers shall submit continuing education
courses or programs to the Board within 30 days before commencement of the
course or program date.
[(1)] (2)—[(2)] (3) (text unchanged)
C. Non-Pre-Approved Providers.
(1) [Non pre-approved] Non-pre-approved
providers shall submit continuing
education courses or programs to the
Board [within] 60 days [before] prior to commencement of course or program date for review.
(2)—(3) (text unchanged)
(4) The Board shall post the list of approved courses or programs from non-pre-approved
providers on the Board's website for public view.
D. For license renewal credit, the Board may approve a course or program consisting of one of
the following subjects or a combination of these subjects:
(1)—(14) (text unchanged)
E. Term of Approval.
(1) The Board shall approve a course or program for a period of
5 years.
(2) At the expiration of the 5-year approval period, the
provider:
(a) May resubmit the course or program; and
(b) Shall meet the approval requirements of this regulation.
F. A
licensee may:
(1) Submit a request for review of continuing education from the
Board if the:
(a) Continuing education is not already approved or disapproved
by the Board; and
(b) Licensee submits a request to the Board at least 60 days
prior to the commencement of the course or program containing, but not
exclusive to, information set forth in this chapter; and
(2) Achieve up to 12 hours for verified participation as an
instructor, volunteer, or mentor under structured, sponsored courses or
programs reviewed and approved by the Board.
G. A continuing education processing review fee shall be paid in
accordance with COMAR 10.43.06.02.
[E.] H. [Continuing medical] A
continuing education [courses] course
may not exceed 12 hours during any renewal period.
[F. A Licensee may
achieve up to 12 hours for verified participation as an instructor, volunteer,
or mentor under structured, sponsored programs reviewed and approved by the
Board.
G. The Continuing Education Course processing review fee shall be
paid in accordance with COMAR 10.43.06.]
[H.] I. In addition to the [48]
required hours of continuing
education set forth in this chapter,
a licensee or registrant shall
maintain a current CPR certification at the healthcare provider level from a
Board-approved CPR provider for each renewal period.
[I.] J. (text unchanged)
.05 Substantiation of Credits.
A. The licensee or registrant
shall keep accurate records of attendance at approved continuing education courses or programs and be able to
substantiate those records upon request.
B. The Board shall conduct a random audit before or during the
license or registration renewal
period to ensure compliance with this chapter.
C. The Board shall disallow the continuing education credits for a
licensee or registrant who is unable
to substantiate the credits and may [refuse
to renew] deny the license or
registration renewal if credits
are disallowed.
D. The Board may require additional verification [or verify independently] for
any information received regarding content and certification of, and attendance
at, a continuing education course or
program.
E. The Board may grant an extension of time for the licensee or registrant to obtain required
continuing education credits if the licensee or registrant presents evidence satisfactory to the Board that
failure to comply was due to circumstances beyond the licensee's or registrant’s control.
F. (text unchanged)
G. The Board shall renew a license or registration for the first renewal period following the issuance
of the original license or registration
without requiring continuing education credits if the original license or registration was issued 1 year or
less before the expiration date of the license or registration.
H. A licensee or registrant
shall maintain complete and accurate records of the licensee's or registrant’s continuing education
credits for the preceding 4 years and present them to the Board upon request.
I. Upon licensee or
registrant petition, the Board may waive the continuing education requirements
when it determines that the licensee or
registrant was unable to comply due to hardship.
J. The Board may institute disciplinary action, pursuant to Health
Occupations Article, §3-313, Annotated Code of Maryland, against a chiropractor
or chiropractic assistant who submits
fraudulent information to the Board.
K. Failure to substantiate continuing education hours if
requested by the Board shall result in denial of:
(1) License or registration renewal; or
(2) Reinstatement of a license or registration.
.06 Reinstatement
Requirements.
A. A licensee shall satisfactorily complete a minimum of 48
continuing education hours as set forth under Regulation .03A(2)(a) of this
chapter in the 2-year period immediately preceding reinstatement.
B. A registrant shall satisfactorily complete a minimum of 10
continuing education hours as set forth under Regulation .03B of this chapter
in the 2-year period immediately preceding reinstatement.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 44 BOARD OF DENTAL EXAMINERS
10.44.01 Dental Assistants
Authority: Health Occupations Article, §4-205, Annotated Code of
Maryland
Notice of Proposed Action
[23-223-P]
The Secretary of Health proposes to repeal existing Regulations .01—.08 and adopt new Regulations .01—.39 under COMAR 10.44.01 Dental Assistants. This action was considered by the
Board of Dental Examiners at a public meeting held on November 2, 2022, notice
of which was given under the Notice of Public Meetings link on the Board’s
website pursuant to General Provisions Article, §3-302(c), Annotated Code of
Maryland.
Statement of Purpose
The purpose of this action is to establish a new regulatory scheme
to recognize and certify orthodontic expanded function dental assistants and
general duties expanded function dental assistants in accordance with Ch. 364
(H.B. 968), Acts of 2022, Health Occupations — Dental Assistants —
Certification and Regulation. The chapter specifies the intraoral procedures
that require certification, establishes initial educational requirements,
continuing education requirements, and requirements for certification renewal.
The chapter also specifies those intraoral procedures that do not require
certification.
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 Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through November 6, 2023. A public hearing has not been scheduled.
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Board” means the Maryland State Board of Dental Examiners.
(2) “Board-approved course” means a course that is expressly
approved by the Dental Board after an entity has applied to the Dental Board
for Dental Board approval on a form provided by the Dental Board.
(3) “Central Repository” means the Criminal Justice Information
System Central Repository of the Department of Public Safety and Correctional
Services.
(4) “Dental assistant” means an individual, other than an
individual licensed in the State as a dentist or a dental hygienist, who
directly assists a dentist in the practice of dentistry.
(5) “Dental Assisting National Board (DANB)” means the national
certification and credentialing agency for dental assistants that will examine
and certify qualified individuals as orthodontic expanded function dental
assistants and general duties expanded function dental assistants.
(6) “Direct supervision” means that the supervising dentist is
in the dental office, personally diagnoses the condition to be treated,
personally authorizes the procedure, and, before dismissal of the patient,
personally evaluates the performance of the dental assistant.
(7) “General duties EFDA” means an individual who is certified
by the Board to perform the intraoral procedures of a general duties expanded
function dental assistant as set forth in this chapter.
(8) “General supervision” means the supervision of a dental
assistant by a dentist where the dentist may or may not be present when the
dental assistant performs the dental assisting procedures.
(9) “Level one dental assistant” means a dental assistant who
may perform the duties of a level one dental assistant as provided in this
chapter without being certified by the Board.
(10) “Orthodontic EFDA” means an individual who is certified by
the Board to perform the intraoral procedures of an orthodontic expanded
function dental assistant as set forth in this chapter.
.02 Classification of
Dental Assistant Qualified in Orthodontics No Longer Recognized by the Dental
Board.
A. The Dental Board no longer recognizes the classification
“dental assistant recognized as qualified in orthodontics”.
B. A dental assistant previously recognized by the Dental Board
as a “dental assistant recognized as qualified in orthodontics” shall obtain
certification from the Dental Board as an orthodontic EFDA before the dental
assistant may perform any of the duties of an orthodontic EFDA as set forth in
Regulation .33 of this chapter.
.03 Classification of
Dental Assistant Recognized as Qualified in General Duties No Longer Recognized
by the Dental Board.
A. The Dental Board no longer recognizes the classification
“dental assistant recognized as qualified in general duties”.
B. A dental assistant previously recognized by the Dental Board
as a “dental assistant recognized as qualified in general duties” may, under
the direct supervision of a licensed dentist, perform the duties of a level one
dental assistant as set forth in Regulation .32 of this chapter without
obtaining certification from the Board.
.04 Dental Assisting
National Board.
The Dental Assisting National Board shall:
A. Make applicants aware of the time and place of expanded
function dental assisting examinations;
B. In consultation with the Board, determine the subjects,
scope, form, and passing score for expanded function dental assisting
examinations; and
C. Determine the grading method.
.05 Vacant.
.06 Qualifications for
Orthodontic Expanded Function Dental Assistants.
A. To qualify for a Dental Board certification to be an
orthodontic EFDA, an applicant shall:
(1) Be of good moral character;
(2) Be at least 18
years old;
(3) Be a high school
graduate or have attained a high school equivalency;
(4) Submit to a State criminal
history records check; and
(5) Have successfully completed an in-person Board-approved
course of at least 45 hours related to Maryland orthodontic expanded function
dental assisting, of which at least 10 hours shall include clinical training.
B. The course identified in §A(5) of this regulation shall
adequately prepare the student to competently and safely perform each of the
orthodontic procedures that an orthodontic EFDA may perform under Regulation
.33 of this chapter.
C. The course of study required under §A(5) of this regulation
shall be part of a:
(1) U.S. Department of Labor Jobs Corps Dental Assisting
Program;
(2) Dental assisting program located within an institution of
postsecondary education that is accredited by an accrediting institution
recognized by the U.S. Department of Education;
(3) Dental assisting program that is located within a high
school and is recognized by an accrediting body recognized by the U.S.
Department of Education accrediting body of a state; or
(4) Dental assisting program that is accredited by the Council
on Dental Accreditation, or a successor organization.
D. In addition to the requirements of this regulation, the
applicant shall:
(1) Have the appropriate orthodontic expanded function dental
assistant certification from the Dental Assisting National Board; and
(2) Submit proof of having passed the
Maryland Jurisprudence Examination on Dental Assisting with a score of at least
75 or greater in each required section.
E. An applicant shall apply to the Central Repository for a
State criminal history records check.
F. An individual shall submit to the Central Repository:
(1) Two complete sets of legible fingerprints taken on forms
approved by the Director of the Central Repository and the Director of the
Federal Bureau of Investigation; and
(2) The fee authorized under Criminal Procedure Article,
§10-221(b)(7), Annotated Code of Maryland, for access to State criminal history
records.
G. In accordance with Criminal Procedure Article,
§§10–201—10–229, Annotated Code of Maryland, the Central Repository shall
forward to the Board and to the individual the criminal history record
information of the individual.
H. If criminal history record information is reported to the
Central Repository after the date of the initial criminal history records
check, the Central Repository shall provide to the Board and the individual a
revised printed statement of the individual’s State criminal history record.
I. Information obtained from the Central Repository under this
section:
(1) Is confidential;
(2) May not be redisseminated; and
(3) May be used only for the licensing purpose authorized by
this title.
J. The subject of a criminal history records check under this
section may contest the contents of the printed statement issued by the Central
Repository as provided in Criminal Procedure Article, §10–223, Annotated Code
of Maryland.
K. Subject to the notice and hearing provisions set forth in
Health Occupations Article, §4-318, Annotated Code of Maryland, the Board may
deny certification under this chapter if the applicant has been convicted of or
has plead guilty or nolo contendere to a felony or to a crime involving moral
turpitude, whether or not any appeal or other proceeding is pending to have the
conviction or plea set aside.
.07 Application for
Dental Board Certification for Orthodontic Expanded Function Dental Assistants.
A. To apply to obtain a Dental Board certification as an
orthodontic EFDA, an applicant shall:
(1) Submit to the Dental Board an application on a form provided
by the Board;
(2) Submit a recent photograph of the applicant not to exceed 3
inches by 3 inches accompanied by a notarized statement attesting to the
photograph’s authenticity;
(3) Pay the application fee set by the Board in COMAR 10.44.20;
(4) Provide evidence satisfactory to the Board that the
applicant meets the qualifications for Dental Board certification as an
orthodontic EFDA as set forth in Regulation .06 of this chapter; and
(5) Provide any other pertinent documents or information
requested by the Board.
B. The applicant shall include with the application proof of
completion of a 45-hour Board-approved course of instruction in orthodontic
expanded function dental assisting in the form of a letter from one of the
institutions referenced in Regulation .06 indicating that the applicant has
successfully completed the course.
C. The letter referenced in §B of this regulation shall:
(1) Be on the letterhead of one of the institutions referenced
in Regulation .06 of this chapter;
(2) Contain a raised embossed school seal or institution seal;
and
(3) Contain the original signature of either:
(a) The dean or principal of the school or program; or
(b) The head of the department.
D. The Board may issue a Dental Board certification as an
orthodontic EFDA after the Board’s review of:
(1) The applicant’s application;
(2) The applicant’s qualifications;
(3) The applicant’s criminal history check; and
(4) Any other pertinent documents or information that may affect
the applicant’s ability to safely provide dental assistant duties.
.08 Dental Assistants
Recognized as Qualified in Orthodontics Prior to the Effective Date of this
Chapter.
A. Except as otherwise provided in this regulation, in order to
perform the intraoral procedures of an orthodontic EFDA, a dental assistant
recognized by the Dental Board as qualified in orthodontics prior to the
effective date of this chapter shall:
(1) Apply to the Dental Board for certification to become an
orthodontic EFDA;
(2) Submit a recent photograph of the applicant not to exceed 3
inches by 3 inches accompanied by a notarized statement attesting to the
photograph’s authenticity;
(3) Pay the appropriate fee; and
(4) Meet all of the qualifications to become an orthodontic EFDA
set forth in Regulation .06 of this chapter.
B. A dental assistant recognized by the Dental Board as
qualified in orthodontics prior to the effective date of this chapter is not
required to take the Board-approved course or take the DANB orthodontic EFDA
examination.
C. In order to renew their orthodontic EFDA certification, a
dental assistant recognized by the Dental Board as qualified in orthodontics
prior to the effective date of this chapter who becomes an orthodontic EFDA
shall meet all of the requirements for renewal of their certification set forth
in Regulation .15 of this chapter.
D. Grace Period.
(1) A dental assistant recognized by the Dental Board as
qualified in orthodontics prior to the effective date of this chapter may
lawfully perform the duties of an orthodontic EFDA for 90 days after the
effective date of this chapter.
(2) A dental assistant recognized by the Dental Board as
qualified in orthodontics prior to the effective date of this chapter who has
not become an orthodontic EFDA within 90 days of the effective date of this
chapter may not perform the duties of either a dental assistant recognized as
qualified in orthodontics or an orthodontic EFDA.
.09 Out-of-State EFDA.
A. Orthodontic EFDA. A dental assistant holding an active
certification or who is otherwise recognized in another state as an orthodontic
expanded function dental assistant or its equivalent may be granted
certification as an orthodontic expanded function dental assistant in Maryland
without taking the Board-approved course or taking the DANB EFDA examination if
the dental assistant:
(1) Is at least 18 years old;
(2) Is a high school graduate or has attained a high school
equivalency;
(3) Holds the appropriate or substantially similar certification
from DANB;
(4) Submits to a State criminal history records check as set
forth in Regulation .06E—K of this chapter;
(5) Submits proof of having passed the Maryland Jurisprudence
Examination on Dental Assisting with a score of at least 75 or greater in each
required section; and
(6) Has an unencumbered license, certification, or permit in
their home state.
B. General Duties EFDA. A dental assistant holding an active
certification or who is otherwise recognized in another state as a general
duties expanded function dental assistant or its equivalent may be granted
certification as a general duties expanded function dental assistant in
Maryland without taking the Board-approved course or taking the DANB general
duties examination if the dental assistant:
(1) Is at least 18 years old;
(2) Is a high school graduate or has attained a high school
equivalency;
(3) Holds the appropriate or substantially similar certification
from DANB, which shall include a nitrous oxide monitoring component;
(4) Submits to a State criminal history records check as set
forth in Regulation .06E—K of this chapter;
(5) Submits proof of having passed the Maryland Jurisprudence
Examination on Dental Assisting with a score of at least 75 or greater in each
required section; and
(6) Has an unencumbered license, certification, or permit in
their home state.
C. For the purposes of this regulation, an encumbered license,
certificate, or permit does not include a reprimand issued more than 5 years
prior to the date of application.
.10 Vacant.
.11 Qualifications for
General Duties Expanded Function Dental Assistants.
A. To qualify for a Dental Board certification to be a general
duties EFDA, an applicant shall:
(1) Be of good moral character;
(2) Be at least 18 years old;
(3) Be a high school graduate or have attained a high school
equivalency;
(4) Submit to a State criminal history records check; and
(5) Have successfully completed an in-person Board-approved
course of at least 60 hours related to Maryland general duties expanded
function dental assisting, which shall include:
(a) At least 15 hours of clinical training apart from the
clinical training required by §B(2) of this regulation; and
(b) 10 hours of training related to nitrous oxide monitoring as
described in §B of this regulation.
B. The 60 hour Board-approved course identified in §A(5) of this
regulation shall consist of at least 10 hours of instruction on nitrous oxide
monitoring and shall include but not be limited to the following:
(1) 8 hours of didactic training, including at least the
following:
(a) The history, philosophy, and psychology of nitrous oxide
minimal sedation;
(b) The definition and descriptions of the physiological and
psychological aspects of pain and anxiety;
(c) Concepts and management of pain and anxiety;
(d) Indications and contraindications for nitrous oxide
sedation;
(e) Anatomy and physiology of pediatric and adult respiration;
(f) Medical assessment of a patient before nitrous oxide
administration by a dentist or a dental hygienist;
(g) Moderate sedation, deep sedation, and general anesthesia
versus nitrous oxide;
(h) Pharmacological and physiological effects of nitrous oxide,
including drug interactions;
(i) A description of the stages of drug induced central nervous
system depression through all levels of consciousness and unconsciousness with
emphasis on the distinction between the conscious and unconscious state;
(j) Monitoring of a patient to whom nitrous oxide has been
administered, including the monitoring of a patient’s vital functions;
(k) Recognition and management of complications and medical
emergencies;
(l) Occupational exposure; and
(m) Preventing, recognizing, and managing possible complications
of inhalation sedation; and
(2) 2 hours of clinical training, including the direct
observation of the performance of procedures.
C. The course identified in §A(5) of this regulation shall
adequately prepare the student to competently and safely perform each of the
intraoral procedures that a general duties EFDA may perform under Regulation
.34 of this chapter.
D. The course of study required in §A(5) of this regulation
shall be part of:
(1) A U.S. Department of Labor Jobs Corps Dental Assisting
Program;
(2) A dental assisting program located within an institution of
postsecondary education that is accredited by an accrediting institution
recognized by the U.S. Department of Education;
(3) A dental assisting program that is located within a high
school and is recognized by an accrediting body recognized by the U.S.
Department of Education accrediting body of a state; or
(4) A dental assisting program that is accredited by the Council
on Dental Accreditation, or a successor organization.
E. In addition to the requirements of this regulation, the
applicant shall:
(1) Have the appropriate general duties EFDA certification from
the Dental Assisting National Board; and
(2) Submit proof of having passed the Maryland Jurisprudence
Examination on Dental Assisting with a score of 75 or greater in each required
section.
F. An applicant shall apply to the Central Repository for a
State criminal history records check.
G. An individual shall submit to the Central Repository:
(1) Two complete sets of legible fingerprints taken on forms
approved by the Director of the Central Repository and the Director of the
Federal Bureau of Investigation; and
(2) The fee authorized under Criminal Procedure Article,
§10-221(b)(7), Annotated Code of Maryland, for access to State criminal history
records.
H. In accordance with Criminal Procedure Article,
§§10–201—10–229, Annotated Code of Maryland, the Central Repository shall
forward to the Board and to the individual the criminal history record
information of the individual.
I. If criminal history record information is reported to the
Central Repository after the date of the initial criminal history records
check, the Central Repository shall provide to the Board and the individual a
revised printed statement of the individual’s State criminal history record.
J. Information obtained from the Central Repository under this
section:
(1) Is confidential;
(2) May not be redisseminated; and
(3) May be used only for the licensing purpose authorized by
this title.
K. The subject of a criminal history records check under this
section may contest the contents of the printed statement issued by the Central
Repository as provided in Criminal Procedure Article, §10–223, Annotated Code
of Maryland.
L. Subject to the notice and hearing provisions set forth in
Health Occupations Article, §4-318, Annotated Code of Maryland, the Board may
deny certification under this chapter if the applicant has been convicted of or
has plead guilty or nolo contendere to a felony or to a crime involving moral
turpitude, whether or not any appeal or other proceeding is pending to have the
conviction or plea set aside.
.12 Application for
Dental Board Certification for General Duties Expanded Function Dental
Assistants.
A. To apply to obtain a Dental Board certification as a general
duties EFDA, an applicant shall:
(1) Submit to the Dental Board an application on a form provided
by the Board;
(2) Submit a recent photograph of the applicant not to exceed 3
inches by 3 inches accompanied by a notarized statement attesting to the
photograph’s authenticity.
(3) Pay the application fee set by the Board in COMAR 10.44.20;
(4) Provide evidence satisfactory to the Board that the
applicant meets the qualifications for Dental Board certification as a general
duties EFDA as set forth in Regulation .34 of this chapter; and
(5) Provide any other pertinent documents or information requested
by the Board.
B. The applicant shall include with the application proof of
completion of a 60-hour Board-approved course of instruction in general duties
expanded function dental assisting in the form of a letter from one of the
institutions referenced in Regulation .12 indicating that the applicant has
successfully completed the course.
C. The letter referenced in §B of this regulation shall:
(1) Be on the letterhead of one of the institutions referenced
in Regulation .10 of this chapter;
(2) Contain a raised embossed school seal or institution seal;
and
(3) Contain the original signature of either:
(a) The dean or principal of the school or program; or
(b) The head of the department.
D. The Board may issue a Dental Board certification as a general
duties EFDA after the Board’s review of:
(1) The applicant’s application;
(2) The applicant’s qualifications;
(3) The applicant’s criminal history check; and
(4) Any other pertinent documents or information that may affect
the applicant’s ability to safely provide dental assistant duties.
.13 Vacant.
.14 Dental Board
Issuance of Orthodontic Expanded Function Dental Assistant and General Duties
Expanded Function Dental Assistant Certificates.
A. The Board shall issue an appropriate certificate to an
applicant who meets the requirements of Health Occupations Article, Title 4,
Annotated Code of Maryland, this chapter, and any other applicable laws or
regulations.
B. The Board shall include on each certificate that the Board
issues:
(1) The designation of the certificate as either orthodontic
expanded function or general duties expanded function;
(2) The name of the certified individual;
(3) The date the certificate was issued;
(4) A serial number or certificate number;
(5) The signatures of the President and Secretary of the Board
which may be electronic; and
(6) The seal of the Board.
.15 Term and Renewal of
EFDA Certificates — Generally.
A. A certification as an orthodontic EFDA or a general duties
EFDA shall expire on October 31 of the second year following the effective date
of the certificate unless it is renewed for an additional 2-year term as
provided in this regulation.
B. At least 1 month before a certificate expires, the Board
shall send to the expanded function dental assistant, by electronic means or
first-class mail to the last known electronic or physical address of the dental
assistant, a renewal notice that states:
(1) The date on which the current certificate expires;
(2) The date by which the application shall be received by the
Board for the renewal to be issued and mailed before the certificate expires;
and
(3) The amount of the renewal fee set by the Board in COMAR
10.44.20.
C. Before a certification as an orthodontic EFDA or a general
duties EFDA expires, the individual so certified may renew the certification
for an additional 2 years if the individual:
(1) Applies for renewal of the certification on a form provided
by the Board;
(2) Pays to the Board a renewal fee set by the Board in COMAR
10.44.20; and
(3) Successfully completes the required continuing education
requirements set forth in Regulation .26 of this chapter.
D. An individual who uses continuing education credits to renew
their certificate after the expiration date of their certificate may not use
the same continuing education credits for the renewal period preceding the
renewal period in which the continuing education credits were used.
.16 Renewal of Expired
Certificates Held for 30 Days or Less.
After the expiration date of a certificate to practice expanded
function dental assisting in the State, the certificate holder may renew the
certificate within 30 days of its expiration if the certificate holder:
A. Is otherwise entitled to be issued a certificate;
B. Submits to the Board a completed renewal application on a
form provided by the Board; and
C. Pays the Board the renewal fee and late fee set forth in
COMAR 10.44.20.
.17 Reinstatement of
Expired Certificates.
An individual holding an expired orthodontic EFDA certificate or
an individual holding an expired general duties EFDA certificate may apply for
reinstatement if the individual:
A. Has held an expired orthodontic EFDA certificate or an
expired general duties EFDA certificate for more than 30 days but less than 3
years;
B. Is otherwise entitled to be reinstated;
C. Completes the appropriate reinstatement application;
D. Provides proof of completion of 15 hours of dental assisting
continuing education from Board-approved courses of which 3 hours shall be in
infection control; and
E. Pays to the Board a certification reinstatement fee set by
the Board in COMAR 10.44.20.
.18 Certificates Expired
for 3 or More Years.
A. An individual holding an expired orthodontic EFDA certificate
or an expired general duties EFDA certificate which has been expired for 3
years or more may not apply for reinstatement.
B. An individual holding an expired orthodontic EFDA certificate
or an expired general duties EFDA certificate which has been expired for 3
years or more shall meet the qualifications for initial certification set forth
in either Regulation .06 of this chapter for orthodontic expanded function
dental assistants, or Regulation .11 of this chapter for general duties
expanded function dental assistants.
.19 Expanded Function
Dental Assistant Practicing After Certificate Has Expired.
A supervising dentist who allows an expanded function dental
assistant to practice expanded function dental assisting duties after their
certificate has expired may be found guilty of unprofessional conduct under
Health Occupations Article, §4-315(a)(16), Annotated Code of Maryland.
.20 Vacant.
.21 Lost or Destroyed
Certificates.
The Board shall issue a certificate to replace a lost or
destroyed certificate if the expanded function dental assistant pays a fee set
by the Board in COMAR 10.44.20 that approximates the actual cost of replacing
the certificate.
.22 Posting.
The supervising dentist in charge of a dental office where an
orthodontic EFDA or a general duty EFDA performs intraoral procedures shall
post a copy of these regulations and the list of Board-approved dental
assistant duties in a conspicuous place in the office for the information of
office personnel.
.23 Retention of
Certification and Qualification Documents.
A. An orthodontic EFDA and a general duties EFDA shall keep
their original Dental Board certification and their original current renewal
document in the office where the dental assistant is employed for the greatest
number of hours.
B. An orthodontic EFDA and a general duties EFDA who work in
more than one dental office shall keep a copy of their original Dental Board
certification and a copy of their current renewal document in all other offices
in which the dental assistant is employed.
.24 Simultaneous
Certification.
A dental assistant may be simultaneously certified as an
orthodontic EFDA, a general duties EFDA, or a dental radiation technologist, or
any combination thereof.
.25 Vacant.
.26 Continuing
Education.
A. In addition to the requirements set forth in Regulation .16
of this chapter, an orthodontic EFDA or a general duties EFDA seeking
certification renewal shall complete:
(1) Not less than 15 hours of Board-approved continuing
education specifically designed to enhance their clinical knowledge and ability
to perform their duties; and
(2) A 3-hour Board-approved course on infection control which
shall count toward the required 15 hours of continuing education.
B. A clock hour constitutes 1 hour of continuing education.
C. Certificate holders shall have a 2-year period to complete
the required continuing education.
D. The 2-year period in which the continuing education shall be
completed is the 2-year period preceding the expiration date of the immediately
preceding certificate.
.27 Continuing Education
Certificates of Completion.
A. A Board-approved continuing education sponsor shall, at a
minimum, issue a hard copy of a Continuing Education Certificate of Completion to
an expanded function dental assistant who successfully completes a
Board-approved continuing education course.
B. The Certificate of Completion set forth in §A of this
regulation shall contain at least the following:
(1) The exact name of the course sponsor as approved by the
Dental Board;
(2) The full business address of the course sponsor;
(3) The exact name of the course as approved by the Dental
Board;
(4) An indication whether the course was taught in person or
electronically;
(5) The full name of the student recipient;
(6) The number of credit hours obtained;
(7) The name of the course instructors;
(8) The signature of the course instructors which may be
electronic; and
(9) The Dental Board’s course approval number.
.28 Requirements for
Instructors of Orthodontic Expanded Function Dental Assistant and General
Duties Expanded Function Dental Assistant Courses.
A. Board-approved orthodontic EFDA courses and general duties
EFDA courses shall be taught by either a Maryland licensed dentist or a
Maryland licensed dental hygienist.
B. Dentists and dental hygienist instructors shall:
(1) Be qualified by education and experience to provide
instruction in the subject matter;
(2) Provide instruction in a competent manner;
(3) Have held a valid license in Maryland or another state for
at least 5 consecutive years; and
(4) Have been actively engaged in the practice of dentistry or
dental hygiene for at least 850 hours on average per year for the 5 years
immediately preceding the instructor appointment.
C. If the Board-approved course is taught by a dental hygienist,
a Maryland licensed dentist shall supervise the dental hygienist instructor and
be physically present in the classroom during clinical instruction.
D. Encumbered License.
(1) An instructor may not have an encumbered license.
(2) For the purposes of this regulation,
an encumbered license does not include a reprimand issued more than 5 years
prior to the date of instructing a Board-approved course.
.29 Assessment of Board-Approved
Courses.
A. At least once every calendar year, each Board-approved
orthodontic EFDA course and each Board-approved general duties EFDA course
shall be assessed by a Maryland licensed dentist other than the dentist who is
either the instructor or the dentist who supervises a dental hygienist
instructor.
B. The results of the assessment shall be entered on a form
provided by the Board and maintained by the dentist performing the assessment
and the entity presenting the course.
C. If an assessment indicates that there are course
deficiencies, the deficiencies shall be corrected immediately and the Board
advised of the deficiencies and the corrective measures in writing along with a
copy of the assessment within 5 working days.
D. All assessments shall be maintained by the dentist conducting
the assessment and the entity presenting the course for at least 5 years and be
made available to the Board upon written request within 5 working days of the
request.
.30 Rescission of Dental
Board-Approved Course Approval.
A. The Board may rescind approval of a previously approved
orthodontic EFDA course or a general duties EFDA course if the Board determines
that the course:
(1) Does not meet the requirements of this chapter;
(2) Does not meet its stated objectives; or
(3) The sponsor has committed fraud or made other
misrepresentations to the Board.
B. On its own initiative or on a written complaint filed with
the Board by any person, the Board may conduct an investigation of the:
(1) Sponsor of the orthodontic EFDA course or the general duties
EFDA course;
(2) Course site; or
(3) Instructors of the course.
.31 Vacant.
.32 Level One Dental
Assistants.
A. A Level one dental assistant shall be at least 18 years old.
B. A dentist may use the services of a level one dental
assistant to perform the following intraoral procedures under the direct
supervision of a licensed dentist without first receiving certification from
the Board:
(1) Rinsing and aspiration of the oral cavity;
(2) Retraction of the lips, cheeks, tongue, and flaps;
(3) Placement and removal of the materials for the isolation of
the dentition, provided that the material is not retained by the dentition;
(4) Instructing on oral hygiene;
(5) Taking alginate or digital impressions for study models or
diagnostic casts;
(6) Constructing athletic mouthguards on models;
(7) Applying topical anesthetic;
(8) Light curing;
(9) Checking for loose bands;
(10) Assisting in performing intraoral photography, other than
conventional or digital X-ray, under the general supervision of a licensed
dentist who reviews the photography and authorizes the treatment plan;
(11) Placing and removing cotton rolls;
(12) Delivery of restorative material with dentist at chairside;
(13) Fluoride application — rinse or foam tray or fluoride
varnish;
(14) Taking and recording vital signs, including blood pressure
and pulse readings;
(15) Performing vitality tests;
(16) Taking alginate impressions for intraoral appliances;
(17) Taking digital and electronic impressions;
(18) Applying desensitizing agents;
(19) Placing or removing a rubber dam;
(20) Fabricating indirect restorations in a dental office;
(21) Placing or removing a matrix band;
(22) Drying a root canal;
(23) Preparing and fitting stainless steel crowns;
(24) Placing or removing a retraction cord;
(25) Fabricating temporary crowns;
(26) Cementing temporary crowns or restorations;
(27) Removing temporary crowns;
(28) Removing excess cement;
(29) Removing or replacing a periodontal dressing (except
placing the original periodontal dressing);
(30) Removing sutures;
(31) Fabricating on models:
(a) Athletic mouthguards;
(b) Bleaching trays;
(c) Fluoride trays;
(d) Impression trays; and
(e) Nightguards;
(32) Bite registration;
(33) Placing temporary restorations; and
(34) Placing and removing wedges.
D. A level one dental assistant may perform duties under this
regulation if a licensed dentist:
(1) Provides the level one dental assistant with specific
instructions to perform the intraoral procedure; and
(2) Directly supervises the level one dental assistant
performing the intraoral procedure.
.33 Procedures Permitted
to be Performed by Orthodontic Expanded Function Dental Assistants.
A. Except for an individual licensed as a dentist or a dental
hygienist under Health Occupations Article, Title 4, Annotated Code of
Maryland, an individual shall be expressly certified by the State Board of
Dental Examiners as an orthodontic EFDA before the individual may perform any
of the following intraoral procedures:
(1) Preparing and fitting orthodontic bands;
(2) Placing and removing arch wires;
(3) Cementing of orthodontic bands, placement of bonded
attachments, or removal of cemented or bonded orthodontic bands and
attachments;
(4) Placing elastics and ligatures; and
(5) Selecting headgear.
B. In addition to the intraoral procedures listed in §A of this
regulation, an orthodontic EFDA may perform the following intraoral procedures:
(1) Acid etching; and
(2) Apply bonding agents.
C. In addition to the intraoral procedures set forth in §§A and
B of this regulation, an orthodontic EFDA may perform the intraoral procedures
of a level one dental assistant set forth in Regulation .31 of this chapter.
D. An orthodontic EFDA may perform the intraoral procedures set
forth in Regulation .32 of this chapter if a licensed dentist:
(1) Provides the orthodontic EFDA with specific instructions to
perform the intraoral procedure; and
(2) Directly supervises the orthodontic EFDA performing the
intraoral procedure.
.34 Procedures Permitted
to be Performed by General Duties Expanded Function Dental Assistants.
A. Except for an individual licensed as a dentist or a dental
hygienist under Health Occupations Article, Title 4, Annotated Code of
Maryland, an individual shall be expressly certified by the State Board of
Dental Examiners as a general duties EFDA before the individual may perform any
of the following intraoral procedures:
(1) Placing dental sealants;
(2) Coronal polishing only to remove stain or biofilm, in
connection with a dental prophylaxis:
(a) As determined necessary and appropriate, secondary to the
more complex dental procedures of a dental prophylaxis, such as removal of hard
and soft deposits and stain of the tooth crown, root surfaces, and periodontal
pockets; and
(b) If applicable, in consultation with the treating dental
hygienist or before a dentist performs an esthetic or cementation procedure;
(3) Applying silver diamine fluoride;
(4) Monitoring nitrous oxide by observing a patient;
(a) During the flow of nitrous oxide;
(b) During the reduction of the flow of nitrous oxide;
(c) During the shutting off of equipment controlling the flow of
nitrous oxide; and
(d) At all times in between the start of the flow of nitrous
oxide until the nitrous oxide has been terminated and the patient has fully
awoken and is coherent;
(5) Acid etching; and
(6) Applying bonding agents.
B. In addition to the intraoral procedures set forth in §A of
this regulation, a general duties EFDA may perform the intraoral procedures of
level one dental assistant set forth in Regulation .32 of this chapter.
C. A general duties expanded function dental assistant may
perform the intraoral procedures set forth in Regulation .32 of this chapter if
a licensed dentist:
(1) Provides the general duties EFDA specific instructions to
perform the intraoral procedure; and
(2) Directly supervises the general duties EFDA performing the
intraoral procedure.
.35 Radiographs.
A dentist may not permit a dental assistant to place and expose
radiographs unless the dental assistant is a dental assistant certified to
practice dental radiation technology.
.36 Dental Sealant
Program Exception — General Supervision.
A. Notwithstanding any other provision of this chapter, a level
one dental assistant may provide the following dental assisting duties under
the general supervision of a dentist for a dental sealant program:
(1) Instructing on oral hygiene;
(2) Cleaning and disinfecting environmental surfaces and
equipment;
(3) Preparing materials for the application of sealants;
(4) Retracting lips, cheek, and tongue;
(5) Placing and removing materials for the isolation of the
dentition, if the material is not retained by the dentition;
(6) Transferring instruments and sealants to a dentist or dental
hygienist;
(7) Rinsing and aspirating of the oral cavity; and
(8) Sterilizing instruments.
B. Under the general supervision of a dentist, a level one
dental assistant may only perform the duties enumerated in §A of this
regulation:
(1) For a facility that has been granted a waiver of on-site
supervision for a dental hygienist under COMAR 10.44.21; and
(2) While assisting a dental hygienist who has received a waiver
of on-site supervision under COMAR 10.44.21.
C. A level one dental assistant who provides dental assistant
duties under this regulation shall maintain cardiopulmonary resuscitation certification
from one of the following programs:
(1) The American Heart Association's Basic Life Support for
Healthcare Providers;
(2) The American Red Cross's Cardiopulmonary Resuscitation for
Professional Rescuers; or
(3) An equivalent program approved by the Board.
D. A level one dental assistant who provides dental assistant
duties under this regulation shall have at least 400 hours of dental assisting
clinical practice in direct patient care.
E. An orthodontic expanded function dental assistant who provides
dental assistant duties under this regulation shall successfully complete a
Board-approved course of at least 3 hours in infection control every renewal
cycle.
F. A level one dental assistant who provides dental assistant
duties under this regulation shall successfully complete a Board-approved
course with at least 3 hours in infection control before providing dental
assistant duties under this regulation, and within every 2 calendar years
thereafter.
G. A facility that uses a level one dental assistant to provide
dental assistant duties under this regulation shall ensure that there is a
written agreement between the supervising dentist and the dental assistant
practicing under general supervision that clearly sets forth the terms and
conditions under which the dental assistant may practice, including a statement
that the dental assistant may provide dental assistant duties without the
supervising dentist on the premises.
H. Each facility that uses the services of a level one dental
assistant to provide dental assistant duties under this regulation shall
maintain for 5 years for inspection by the Board:
(1) The name of the dentist providing general supervision to the
dental assistant;
(2) The name and current address of the dental assistant;
(3) The name and address of each institution where the dental
assistant provided dental assistant duties; and
(4) The date the dental assistant provided dental assistant
duties.
I. This regulation does not affect the duties a level one dental
assistant may lawfully perform under the direct supervision of a dentist under
this chapter.
J. A violation of this regulation may result in:
(1) Revocation of the facility's right to operate under a waiver
of on-site supervision for dental hygienists; or
(2) Revocation of the facility's right to utilize the services
of a dental assistant under this regulation.
K. Penalties.
(1) For violations of this regulation, a dentist and a dental
hygienist is subject to the penalties set forth in Regulation .38 of this
chapter.
(2) A dentist or a dental hygienist who uses the services of a
dental assistant who is not qualified or for purposes other than what are
permitted under this regulation may be found guilty of:
(a) Unprofessional conduct under Health Occupations Article,
§4-315, Annotated Code of Maryland; or
(b) Violating any rule or regulation adopted by the Board under
Health Occupations Article, §4-315, Annotated Code of Maryland.
.37 Vacant.
.38 Violations.
A dentist who uses the services of a dental assistant who is not
qualified or for purposes other than what is permitted may be found guilty of:
A. Unprofessional conduct under Health Occupations Article,
§4-315(a)(16), Annotated Code of Maryland;
B. Violating any rule or regulation adopted by the Board under
Health Occupations Article, §4-315(a)(20), Annotated Code of Maryland;
C. Allowing a dental assistant to assist in the practice of
dentistry in violation of Health Occupations Article, §4-315(a)(38), Annotated
Code of Maryland;
D. Violating COMAR 10.44.23; or
E. Violating any other applicable law or regulation.
.39 Severability.
If any provision of this chapter or its application to any
person or circumstance is held invalid, the invalidity does not affect other
provisions or applications of this chapter which can be given effect without
the invalid provision or application, and to this end the provisions of this
chapter are severable.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 44 BOARD OF
DENTAL EXAMINERS
Notice of Proposed Action
[23-224-P]
The Secretary of Health proposes to:
(1) Amend Regulation .02
under COMAR
10.44.20 Fees; and
(2) Amend Regulations .02,
.04—.06, and .08, adopt new Regulations .09,
.10, and .14, recodify existing Regulations .09—.11 and .13 to be
Regulations .11—.13 and .15, respectively, and repeal existing
Regulations .12 and .14 under COMAR 10.44.22 Continuing Education.
This action was considered by the Board of Dental Examiners at a
public meeting held on July 19, 2023, notice of which was given under the
Notice of Public Meetings link on the Board’s website pursuant to State
Government Article, §10-506(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to update COMAR 10.44.22 Continuing
Education to: (1) Delineate acceptable continuing education programs and the
hours permitted under those programs; (2) Increase the number of hours of the
Board’s required infection control course from 2 to 3 hours as a condition of license
renewal; (3) Allow dentists and dental hygienists to receive up to 2 continuing
education hours per renewal cycle for attendance at regularly scheduled open
session Board meetings; (4) Alter the dates upon which licensees must complete
continuing education programs as a condition of license renewal; (5) Allow
dentists and dental hygienists to receive continuing education credit for
completing a required course on implicit bias training; (6) Amend the list of
automatically approved sponsors of continuing education; (7) Provide a
mechanism for approval of continuing education sponsors who are not
automatically approved; (8) Accept for continuing education credit those
courses that have been approved by certain credentialing agencies; (9)
Delineate the contents of continuing education certificates of completion; and
(10) Amend the existing procedures for conducting continuing education audits.
Additionally, the purpose of COMAR 10.44.20 Fees is to establish a fee for a
continuing education sponsor who applies for Board approval of a continuing
education program.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action will
establish a new regulatory scheme in Maryland for those who wish to become
expanded function dental assistants. The State Dental Board presently
recognizes only qualified general duties dental assistants, qualified
orthodontic dental assistants, and on-the-job trained dental assistants. The
Board will cease to issue recognitions for dental assistants qualified in general
duties and recognitions for dental assistants qualified in orthodontics. Under
the proposed regulations the Board will recognize general duties expanded
function dental assistants and orthodontic expanded function dental assistants.
On the job trained dental assistants may continue to perform certain duties.
Expanded function dental assistants will be permitted to perform duties that
qualified dental assistants are not permitted to perform, thereby increasing
the scope of practice for dental assistants, and making dental care more
available for the State’s citizens. The Board anticipates charging a modest fee
of $35 for an initial 2-year expanded function dental assistant certification.
There is a fiscal impact on dental assistants who are presently recognized as
qualified in orthodontics and those who are presently recognized as qualified
in general duties if they wish to become expanded function dental assistants.
Based on the assumptions and information contained in this fiscal impact
statement, the estimated fiscal impact for the year proceeding the effective
date of these regulations are: to the public, an estimated $59,935 net cost;
and to the State Dental Board an estimated $59,935 in revenue. (See Section III
for assumption used in the fiscal impact calculations.) The proposed action is
not expected to have significant impact on any other entity.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Board of Dental Examiners
|
(R+)
|
$59,935
|
|
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:
|
|
|
|
Licensees
|
(-)
|
$59,
935
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. This amount assumes:
(1) Individuals qualified in general duties who convert to general
duties expanded function dental assistants: On average, 83 individuals become
general duties dental assistants each year. Assuming workforce participation
for 15 years, there are approximately 1,245 general duties dental assistants in
the present workforce. Assuming that 80 percent of those in the workforce will
become general duties expanded function dental assistants within 1 year of the
effective date of these regulations, 996 individuals who are now recognized as
qualified in general duties will apply to become general duties expanded
function dental assistants: 996 x $35 initial certification fee = $34,860
revenue to the Dental Board.
(2) Individuals with no prior dental assisting experience who
enter the workforce as general duties expanded function dental assistants: It
is estimated that approximately 120 individuals who have no prior dental
assisting experience will enter the workforce as general duties expanded
function dental assistants within 1 year of the effective date of these
regulations. 120 x $35 = $4,200.
(3) Loss of Revenue to the Board as a result of deletion of
examination fee for dental assistants recognized as qualified in general
duties: It is estimated that approximately 120 individuals who have no prior
dental assisting experience will enter the workforce as general duties expanded
function dental assistants within 1 year of the effective date of these
regulations. Under existing regulations there is a $20 examination fee for
applicants who wish to be recognized as qualified in general duties. The fee
will be deleted resulting in a loss of Board income. 120 x $20 = $2,400.
(a) Additional revenue
from existing recognized as qualified in general duties dental assistants who
convert to general duties expanded function dental assistants: $34,860.
(b) Additional revenue
from individuals with no prior dental assisting experience who enter the
workforce as general duties expanded function dental assistants: 120 x $35 =
$4,200.
(c) Loss of revenue from
dental assistants who under existing regulations would have become dental
assistants recognized as qualified in general duties but instead become general
duties expanded function dental assistants. 120 x $20 = $2,400. (d) Subtotal:
general duties expanded function dental assistants: $34,860 + $4,200 - $2,400 =
$36,660 revenue.
(4) Individuals qualified in orthodontics who convert to
orthodontic expanded function dental assistants: On average, 30 individuals
become orthodontic dental assistants each year. Assuming workforce
participation for 15 years, there are approximately 450 general duties dental
assistants in the present workforce. Assuming that 80 percent of those in the
workforce will become orthodontic expanded function dental assistants within 1
year of the effective date of these regulations, 360 individuals who are now
recognized as qualified in orthodontics will apply to become orthodontic
expanded function dental assistants: 360 x $35 initial certification fee = $12,600
revenue to the Dental Board.
(5) Individuals with no prior dental assisting experience who
enter the workforce as orthodontic expanded function dental assistants: It is
estimated that approximately 45 individuals who have no prior dental assisting
experience will enter the workforce as orthodontic expanded function dental
assistants within 1 year of the effective date of these regulations. 45 x $35 =
$1,575.
(6) Loss of Revenue to the Board as a result of deletion of
examination fee for dental assistants recognized as qualified in orthodontics:
It is estimated that approximately 45 individuals who have no prior dental
assisting experience will enter the workforce as orthodontic expanded function
dental assistants within 1 year of the effective date of these regulations. The
Dental Board will cease to issue the recognition qualified in orthodontics.
Under existing regulations there is a $20 examination fee to applicants who
wish to be recognized as qualified in orthodontics. The fee will be deleted resulting
in a loss of Board income. 45 x $20 = $900.
(a) Additional revenue
from existing recognized as qualified in orthodontics dental assistants who
convert to general duties expanded function dental assistants: 360 x $35 =
$12,600.
(b) Additional revenue
from individuals with no prior dental assisting experience who enter the
workforce as orthodontic expanded function dental assistants: 45 x $35 =
$1,575.
(c) Loss of revenue from
dental assistants who under existing law would have become dental assistants
recognized as qualified in orthodontics but instead become orthodontic expanded
function dental assistants. 45 x $20 = $900.
(d) Subtotal:
orthodontic expanded function dental assistants: $12,600 + $1,575 - $900 =
$13,275 revenue.
(7) Historically the Board processes approximately 100
applications a year for continuing education program approval from sponsors.
Therefore, 100 applications x $100 = $10,000 revenue. Total revenue: $36,660 +
13,275 + $10,000 = $59,935.
E. See A above.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through November 6, 2023. A public hearing has not been scheduled.
10.44.20 Fees
Authority: Health Occupations Article, §§4-205, 4-207, 4-304,
4-505, and 12-102.1, Annotated Code of Maryland; Ch.469, Acts of 2006
.02 Fee Schedule.
The following fees are established by the Board:
A.—G. (text unchanged)
H. Dental radiation technologist certification fee:
(1) (text unchanged)
[(2) For the renewal period ending March 1, 2017, a one-time
1-year certificate for dental radiation technologists whose certificates end in
an even number . . . $34;]
[(3)] (2) (text unchanged)
[(4) For the period March 2, 2017 through April 1, 2017, for
the 2017 renewal period, a late renewal fee for dental radiation technologists
whose certificates end in an even number . . . $25;
(5) On and after April 2, 2017, for the 2017 renewal period, a
certification reinstatement fee for dental radiation technologists whose
certificates end in an even number . . . $59;
(6) For the period March 2, 2018 through April 1, 2018, for the
2018 renewal period, a late renewal fee for dental radiation technologists
whose certificates end in an even number . . . $25;
(7) On and after April 2, 2018, for the 2018 renewal period, a
certification reinstatement fee for dental radiation technologists whose
certificates end in an even number . . . $59;]
[(8)] (3)—[(9)] (4) (text
unchanged)
I. Initial application fee for expanded function dental
assistants:
(1) Initial application fee for orthodontic expanded function
dental assistants…$35;
(2) Initial application fee for general duties expanded function
dental assistants…$35;
J. Certificate renewal fee for expanded function dental
assistants:
(1) Certificate renewal fee for orthodontic expanded function
dental assistants…$68;
(2) Certificate renewal fee for general duties expanded function
dental assistants…$68;
K. Late renewal fee for expanded function dental assistants:
(1) Late renewal fee for orthodontic expanded function dental
assistants…$50;
(2) Late renewal fee for general duties expanded function dental
assistants…$50;
L. Reinstatement fee for expanded function dental assistants:
(1) Reinstatement fee for orthodontic expanded function dental
assistants…$118;
(2) Reinstatement fee for general duties expanded function
dental assistants…$118;
[I.] M.—[M.] Q. (text
unchanged)
[N. Dental assistant examination fee . . . $20;]
[O.] R.—[P.] S. (text
unchanged)
[P-1. Conversion of parenteral sedation administration
permit to a Class II permit . . . $300;
P-2. Conversion of a general anesthesia administration permit to a
Class III permit . . . $600;]
[Q.] T.—[FF.] II. (text
unchanged)
[GG.] JJ. Jurisprudence
Examination . . . $50; [and]
[HH.] KK. Copy of Maryland
Laws and Regulations on computer disc or booklet . . . $25[.];
LL. Application fee for approval of a continuing education
program of studies…$100.
10.44.22 Continuing Education
Authority: Health
Occupations Article, §4-205, Annotated Code of Maryland
.02
Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) “Significant change” means a change in a Board-approved
continuing education program that in the sole discretion of the Board produces
a measurable change in the course material or course objectives.
[(7)] (8) (text unchanged)
(9) “Webinar” means a live seminar or other presentation for
continuing education credit that takes place on the Internet, allowing
participants in different locations to see and hear the presenter and ask
questions and receive responses in real time.
.04 Requirements.
A. All continuing education credits shall be pre-approved by
the Board.
B. A licensee seeking renewal shall complete at least 30 full
hours of Board-approved continuing education.
C. Of the 30 hours of Board-approved continuing education, a
minimum of 13 hours shall be completed with attendance at:
(1) In-person Board-approved courses or programs; or
(2) Webinars.
D. To be considered for Board approval, a webinar shall:
(1) Be designed to enhance the licensee’s clinical knowledge
and ability to treat dental patients;
(2) Be presented in real time;
(3) Allow all participants an opportunity to interact with
the instructor; and
(4) Allow the participants an ample opportunity to ask
questions and receive responses in real time.
E. A pre-recorded webinar viewed by a licensee that otherwise
meets the requirements of this chapter may be considered by the Board for
continuing education credit toward the 17 hours that do not require in-person
attendance.
F. A maximum of 17 hours of Board-approved continuing
education may be earned for self-study activities, including:
(1) Preparing and presenting table clinics;
(2) Preparing lectures; and
(3) Preparing articles for publication in dental journals.
G. Continuing education courses and programs shall meet the
criteria established in Regulation .06 of this chapter.
H. A licensee shall maintain written documentation of
successful completion of continuing education programs for 5 years.
I. A licensee may not receive continuing education credit for
a course or program that was:
(1) Not Board-approved; or
(2) Completed before the course or program gained Board
approval.
J. Unless otherwise provided in this chapter, the Board may
not accept a submission for continuing education credit of less than 1 hour.
[A.] K. (text unchanged)
[B.] L. A licensee seeking renewal shall
complete [not less than 30 full hours of continuing education, including]
a Board-approved course of 2 hours [of] in
infection control.
M. A licensee seeking renewal in 2025 and thereafter shall
complete a Board-approved course of 3 hours in infection control every renewal
cycle.
[C.] N. A licensee seeking renewal [in
2011 and thereafter] shall complete a Board-approved course of 2 hours
in abuse and neglect.
[D.] O. The 2-hour, Board-approved course
in abuse and neglect required by [§C] §N of this
regulation shall:
(1)—(3) (text unchanged)
[E.] P. A dentist seeking renewal [in
2015 and thereafter] shall complete a 2-hour Board-approved course on
proper prescribing and disposal of prescription drugs[. This course], which shall count toward the
30 full hours of required continuing education.
[F.] Q. The 2-hour Board-approved course on
proper prescribing and disposal of prescription drugs required by [§E]
§P of this regulation shall be completed by each dentist every other
renewal cycle.
[G.] R. (text unchanged)
[H.] S. Cultural Competency, Military
Culture, and Implicit Bias Training.
A licensee may receive up to a combined total of 4 continuing education
hours for Board-approved courses on [cultural competency.]:
(1) Cultural competency;
(2) Military culture; or
(3) Implicit bias training.
[I.] T. (text unchanged)
U. A study club course shall first receive Board approval
before attendees may receive continuing education credit for attendance at the
study club meeting.
V. Dentists and dental hygienists may receive 1 continuing
education credit for attending a regularly scheduled open session Board meeting
in its entirety.
W. The Board shall issue a certificate of completion to
dentists and dental hygienists who attend a regularly scheduled open session
Board meeting in its entirety.
X. A dentist or a dental hygienist may earn up to 2
continuing education credits per renewal period for attendance at regularly
scheduled open session Board meetings.
[J.] Y. —[L.] AA. (text
unchanged)
BB. The infection control course identified in §M of this
regulation shall be a single 3-hour course which teaches the practices
contained in the document Centers for Disease Control and Prevention, Summary
of Infection Prevention Practices in Dental Settings: Basic Expectations for
Safe Care, Atlanta, GA: Centers for Disease Control and Prevention, US Dept. of
Health and Human Services; October 2016, or its successor document.
.05 Time Frame for Completing Continuing Education.
A. The period for completing continuing education requirements
extends for a 2-year period from [January 1] July 1
through [December 31] June 30 of the second year following
[year] the effective date of the license.
B. The 2-year period in which the continuing education shall be
completed ends on [December 31] June 30 of the year in
which the license is due for renewal.
C. For the renewal period beginning on June 1, 2025, only,
the period for completing continuing education requirements extends for the
period January 1, 2023, through June 30, 2025.
.06 Course and Program Eligibility.
A. Eligibility Guidelines.
(1) (text unchanged)
(2) Abuse and Neglect Courses, Cultural Competency Courses, Military
Culture Courses, Implicit Bias Training Courses, and Pro Bono Programs. To
qualify for continuing education credit for license renewal:
(a) The mandatory course in abuse and neglect identified in
Regulation [.04C and D] .04N and O of this chapter:
(i) [Do] Does not need to be designed to
enhance the licensee’s clinical knowledge and ability to treat dental patients;
and
(ii) (text unchanged)
(b) Cultural competency courses:
(i) (text unchanged)
(ii) Shall be offered by a Board-approved sponsor; [and]
(c) Military culture courses:
(i) Do not need to enhance the licensee’s clinical knowledge;
and
(ii) Shall be offered by a Board-approved sponsor;
(d) Implicit bias training courses:
(i) Do not need to be designed to enhance the licensee’s
clinical knowledge and ability to treat dental patients; and
(ii) Shall be approved by the Maryland Office of Minority
Health and Health Disparities.
[(c)] (d) (text unchanged)
B. Excluded Courses and Programs. Courses and programs that are
not approved for continuing education credit for license renewal include, but
are not limited to, the subjects of:
(1)—(3) (text unchanged)
(4) With the exception of those courses or programs on cultural
competency, military culture, and implicit bias training courses, cultural
subjects;
(5)—(8) (text unchanged)
.08 Automatically Approved Sponsors [and Equivalents].
A. (text unchanged)
[B. The Board may approve other sponsors of continuing
education credits according to the following:
(1) Sponsors not identified in §A(2) of this regulation may
petition the Board for approval of continuing education that they offer; and
(2) The Board shall evaluate the sponsors in §B(1) of this
regulation and may, at its discretion, set standards and criteria.
C. If the subject matter of a course, program, or activity
satisfies the requirements of Regulation .06 of this chapter, a licensee may
petition the Board to accept as the equivalent of an eligible continuing
education course or program offered by an approved sponsor:
(1) Courses or programs offered by other sponsors; or
(2) Time spent in any of the following activities:
(a) Preparing and presenting table clinics;
(b) Preparing lectures;
(c) Preparing articles for publication in dental journals; or
(d) Attending study clubs or other meetings involved with
clinical dentistry.
D. The Board may accept from any licensee up to 17 hours of
continuing education credits for self-study activities for the following:
(1) Courses or programs from approved sponsors identified in
§A(2) of this regulation that are designed to enhance the licensee's clinical
knowledge and ability to treat dental patients; and
(2) Courses or programs from sponsors not identified in §A(2) of
this regulation if the:
(a) Sponsor has petitioned the Board for and received approval
of the sponsor's continuing education course or program; and
(b) Continuing education activities qualify under §C of this
regulation.]
B. The Board approves for credit any course or program that
is designed to enhance the licensee’s clinical knowledge and ability to treat
dental patients and is approved by any one of the following credentialing
agencies:
(1) The American Dental Association Commission for Continuing
Education Recognition Program (CERP);
(2) The Academy of General Dentistry Program Approval for
Continuing Education (PACE);
(3) The American Association of Dental Boards Accredited
Continuing Education Program (ACE); and
(4) The American Academy of Dental Hygiene (AADH).
.09 Approval and
Rescission of Continuing Education Programs for Sponsors Who Are Not
Automatically Approved.
A. The Board may approve individual programs of sponsors who
are not automatically approved sponsors of continuing education credits under
Regulation .08 of this chapter.
B. Applicants meeting the requirements of this chapter, who
are not automatically approved to sponsor continuing education programs may
apply to the Board at least 90 days before the scheduled program for
authorization to sponsor a program.
C. The Board shall provide the applicant with an application
form.
D. An applicant shall provide the following information on
the application which shall be submitted to the Board along with a processing
fee as set forth in COMAR 10.44.20:
(1) Full name, business address, and contact information of
the sponsor;
(2) Full name of the program for which approval is sought;
(3) A program description;
(4) Program objectives;
(5) A detailed syllabus of the course;
(6) Continuing education hours requested;
(7) An overview of any examinations that shall be passed as a
condition of program completion; and
(8) A sample of the certificate of completion that will be
provided to program participants.
E. In addition to the requirements of §D of this regulation,
the applicant shall provide the following to the Board regarding the program
presenter or speaker:
(1) Full name, business address, and contact information;
(2) Current curriculum vitae;
(3) Educational background and all professional degrees
earned;
(4) A list of all professional licenses or certifications
held;
(5) A brief description of any other professional programs
taught; and
(6) A copy of any public disciplinary orders issued by any health
occupational board, including the Maryland Dental Board.
F. The Board shall give notice to the applicant that the
applicant has been approved or disapproved, including a statement whether the
number of approved continuing education hours is different from the number
requested.
G. If a program is disapproved, the Board shall advise the
applicant of the reasons for disapproval.
H. An approval of a particular program is an approval of the
program and the presenter or speaker of that program.
I. A sponsor shall resubmit an application and pay a
processing fee for approval of the program if:
(1) The presenter or speaker changes; or
(2) There is a significant change in the course material or
course objectives.
J. Fees for approval of a continuing education program are
nonrefundable.
K. A licensee or certificate holder under a Board order may
not present a continuing education course or program during the pendency of
their Board order.
L. A sponsor of a Board-approved continuing education program
shall:
(1) Maintain records of all attendees for at least 5 years;
(2) Provide copies of program attendance to the Board upon
request;
(3) Provide attendees with an opportunity to complete a
program evaluation at the conclusion of the program, which shall be provided to
the Board upon request; and
(4) Allow the Board to audit the program upon payment of any
applicable program fees.
M. The Board may rescind approval of a continuing education
course or program if it determines that:
(1) The course or program:
(a) Does not meet the
requirements of Regulations .06 and .07 of this chapter; or
(b) In the Board’s sole
discretion, does not meet its stated objectives; or
(2) The sponsor has committed fraud or made other
misrepresentations to the Board.
.10 Certificates of
Completion.
Legible certificates of program completion shall be provided
to those who complete the program and shall contain at least:
A. The full name of the sponsor;
B. The full name of the program;
C. The dates of program presentation;
D. The location of the program, including whether the program
was presented electronically;
E. The number of continuing education hours awarded, which
may not exceed those approved by the Board;
F. The printed name and signature of the presenter or
speaker;
G. A statement that the program is approved by the Board;
H. The Board’s program approval number; and
I. A statement that the sponsor maintains responsibility for
the program.
.14 Audit of
Continuing Education Records.
A. A dentist or dental hygienist who has completed the
continuing education requirements shall attest to the completion on a form
supplied by the Board as part of the application for license renewal,
reinstatement, or reactivation.
B. The Board may request verification of compliance with this
chapter through inspection of continuing education records maintained by
licensees in accordance with Regulation .03A of this chapter.
C. Except as provided in this regulation, the Board shall
audit a percentage of dentists and dental hygienists, selected by the Board for
each renewal cycle.
D. A licensee who receives notice of a continuing education
audit shall verify compliance with this chapter by the date specified in the
notice and submit to the Board a report of the continuing education hours
required for renewal on a form approved by the Board along with the appropriate
documentation.
E. Documentation. A dentist or dental hygienist shall provide
to the Board:
(1) A certificate of completion for approved courses or
programs;
(2) Current CPR certification as specified under Regulation
.04 of this chapter;
(3) If applicable, proof of Board-approved pro bono dental or
dental hygiene services provided; and
(4) If a certificate of completion is not available, satisfactory
proof of time spent preparing and presenting table clinics, lectures, articles
for publications in dental or medical journals, or attending study clubs, or
other meetings involved with performing clinical dentistry.
F. A dentist or a dental hygienist may request an extension
of time to comply with the requirements of this chapter.
G. A request for an extension of time under §F of this
regulation shall:
(1) Be made in writing;
(2) Detail and document the reasons the licensee was not able
to complete the continuing education requirements within the allotted time; and
(3) Provide a period of time requested by the licensee to
complete the required continuing education.
H. The grant of an extension and the period of the extension
is within the sole discretion of the Board.
I. A dentist or dental hygienist who requests and is granted
an extension of time by the Board shall be audited at the next renewal cycle.
J. A dentist or dental hygienist granted an extension of time
shall attest to completion of continuing education requirements by the end of
the extension period.
K. Failure to submit the required attestation or failure to
meet continuing education requirements by the end of the extension period may
subject the licensee to disciplinary action.
L. The Board’s staff shall conduct a preliminary review and
evaluation of the documentation submitted to the Board and report their
findings to the Board.
M. After the Board’s review of the submitted documentation,
the Board may find one or both of the following:
(1) That the dentist or dental hygienist has not met the
Board’s continuing education requirements; or
(2) That the dentist or dental hygienist has submitted
courses or programs that have not been Board-approved.
N. The Board may require a dentist or a dental hygienist who
has not met the Board’s continuing education requirements or who has submitted
courses or programs that have not been Board-approved to take additional
continuing education courses or programs in order to meet the Board’s
continuing education requirements.
O. Penalties for Violation.
(1) A false, misleading, or deceptive statement on a renewal,
reinstatement, or reactivation form may constitute unprofessional conduct and
may result in disciplinary action against the licensee as set forth in Health
Occupations Article, §4-315, Annotated Code of Maryland.
(2) Failure to complete continuing education requirements
within the time period specified under Regulation .05 of this chapter or any
applicable extension constitutes unprofessional conduct and may result in
disciplinary action against the licensee as set forth in Health Occupations Article,
§4-315, Annotated Code of Maryland.
LAURA HERRERA SCOTT
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 04 STATE HIGHWAY ADMINISTRATION
11.04.02 General Conditions
for Movement of Oversize and Overweight Vehicles
Authority: Transportation Article, §§2-103(b), 4-204, 4-205(f),
8-204(b)—(d) and (i), 24-109, 24-112,
[and] 24-113, 24-113.2, and
24-113.3, Annotated Code of Maryland
Notice of Proposed Action
[23-161-P]
The Maryland Transportation Authority proposes to amend Regulation
.05 under COMAR 11.04.02 General Conditions for Movement of Oversize and
Overweight Vehicles. This action was considered by the MDTA Board at their
open meeting on May 25, 2023, and unanimously approved.
Statement of Purpose
The purpose of this action is to amend COMAR 11.04.02.05 for the
new Governor Harry W. Nice Memorial/Senator Thomas “Mac” Middleton Bridge to
accommodate the movement of any oversize or overweight vehicle. COMAR changes
are needed to remove the existing restrictions for oversize vehicles. It is
important to note that oversize vehicles would still be required to utilize the
Maryland One permitting system and comply with existing State law and COMAR for
hauling permits with oversized loads.
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 Bradley Ryon, Manager of Government
Relations, MDTA, 2310 Broening Highway, Baltimore, MD 21224, or call
410-387-5253, or email to bryon@mdta.state.md.us. Comments will be accepted
through November 6, 2023. A public hearing has not been scheduled.
.05 Movement on or Across Toll Facilities.
A. The following restrictions apply to the movement of any oversize
or overweight vehicle on or through the following Authority highways:
(1)—(2) (text unchanged)
(3) Harry W. Nice Memorial/Thomas “Mac” Middleton Bridge
(Potomac River Bridge, U.S. 301);
(4)—(9) (text unchanged)
B.—C. (text unchanged)
[D. Any
vehicle and load together exceeding 12 feet in width, or 14 feet, 6 inches in
height is prohibited from crossing the Harry W. Nice Memorial Bridge (Potomac
River Bridge, U.S. 301), unless in the case of vehicles and loads exceeding 12
feet in width, special written permission is obtained in advance from the
superintendent of the bridge.]
[E.] D.—[H.] G. (text
unchanged)
WILLIAM PINES
Executive Director
Title 13A
STATE BOARD OF EDUCATION
Subtitle 08 STUDENTS
13A.08.01 General Regulations
Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-301,
7-301.1,
7-303—7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch.
273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912
Notice of Proposed Action
[23-208-P]
The State Board of Education proposes to amend Regulation .17 under COMAR 13A.08.01 General Regulations.
Statement of Purpose
The purpose of this action is to align COMAR 13A.08.01.17 with the
statutory language of Education Article, §§7-303 and 7-305, Annotated Code of
Maryland, to provide a definition of "reportable offenses" and to
clarify necessary school and local school system actions related to educational
programs and safety when there is a student facing community-based charges.
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 an impact on individuals with disabilities
as follows:
The proposed regulation provides additional protections for
students with disabilities by applying portions of the Individuals with
Disabilities Education Act (IDEA), including manifestation determination
reviews and the provision of a free appropriate public education, to removals
for a reportable offense.
Opportunity for Public Comment
Comments may be sent to Mary L. Gable, Assistant State
Superintendent, Maryland State Department of Education, 200 West Baltimore
Street, Baltimore, MD 21201, or call 410-767-0472, or email to doss.msde@maryland.gov.
Comments will be accepted through November 6, 2023. A public hearing has not
been scheduled.
.17 School Use of Reportable Offenses.
A. Terms Defined. In this regulation the following terms have the
meanings indicated:
(1) (text unchanged)
(2) “Criminal [gang] organization” has the
meaning stated in Criminal Law Article, §9-801, Annotated Code of Maryland.
(3)—(5) (text unchanged)
(6) “Regular school program” means the
courses, classes, and related services the student is enrolled in by a local
school system at the time of the student’s reportable offense.
[(6)] (7)
(text unchanged)
[(7)] (8)
"Reportable offense" means an offense that:
[(a) A crime of violence, as defined in Criminal Law
Article, §14-101, Annotated Code of Maryland;
(b) Any of the offenses enumerated in Courts and Judicial
Proceedings Article, §3-8A-03(d)(4), Annotated Code of Maryland;
(c) A violation of Criminal Law Article §4-101, 4-102, 4-203 or
4-204, Annotated Code of Maryland;
(d) A violation of Criminal Law Article, §5-602—5-609, 5-612—5-614,
5-617, 5-618, 5-627 or 5-628, Annotated Code of Maryland;
(e) A violation of Criminal Law Article, §4-503, 9-504 or 9-505,
Annotated Code of Maryland;
(f) A violation of Criminal Law Article §6-102, 6-103, 6-104 or
6-105, Annotated Code of Maryland;
(g) A violation of Criminal Law Article §9-802 or 9-803, Annotated
Code of Maryland;
(h) A violation of Criminal Law Article §3-203, Annotated Code of
Maryland;
(i) A violation of Criminal Law Article §6-301, Annotated Code of
Maryland;
(j) A violation of Criminal Law Article §9-302, 9-303 or 9-305,
Annotated Code of Maryland;
(k) A violation of Criminal Law Article §7-105, Annotated Code of
Maryland; or
(l) An offense related to membership in a criminal gang.]
(a) Occurred off school premises;
(b) Did not occur at an event sponsored by the school; and
(c) Involved any of the following:
(i) A crime of violence, as defined in Criminal Law Article,
§14–101, Annotated Code of Maryland;
(ii) Any of the offenses enumerated in Courts and Judicial Proceedings
Article, §3–8A–03(e)(4), Annotated Code of Maryland;
(iii) A violation of Criminal Law Article, §4–101, 4–102, 4–203,
or 4–204, Annotated Code of Maryland;
(iv) A violation of Criminal Law Article, §5–602, 5–603, 5–604,
5–605, 5–606, 5–607, 5–608, 5–608.1, 5–609, 5–612, 5–613, 5–614, 5–617, 5–618,
5–627, or 5–628, Annotated Code of Maryland;
(v) A violation of Criminal Law Article, §4–503, 9–504, or
9–505, Annotated Code of Maryland;
(vi) A violation of Criminal Law Article, §6–102, 6–103, 6–104,
or 6–105, Annotated Code of Maryland;
(vii) A violation of Criminal Law Article, §9–802 or 9–803,
Annotated Code of Maryland;
(viii) A violation of Criminal Law Article, §3–203, Annotated
Code of Maryland;
(ix) A violation of Criminal Law Article, 6–301, Annotated Code
of Maryland;
(x) A violation of Criminal Law Article, §9–302, 9–303, or
9–305, Annotated Code of Maryland;
(xi) A violation of Criminal Law Article, §7–105, Annotated Code
of Maryland;
(xii) A violation of Criminal Law Article, §6–202, Annotated
Code of Maryland; or
(xiii) A violation of Criminal Law Article, §10–606, Annotated
Code of Maryland.
[(8)] (9)
(text unchanged)
[(9)] (10)
“School security officer” means an individual designated to maintain the
security and safety of a school.
(a) School security officer includes:
(i)—(ii) (text unchanged)
(iii) Other individual employed by a local school system or a local
government who is designated by the [county] local superintendent or a
school principal to help maintain the security and safety of a school.
(b) (text unchanged)
[(10)] (11)
(text unchanged)
[B. Administrative Procedures.
(1) Promptly, upon receipt of information from a law enforcement
agency of an arrest of a student for a reportable offense, the local
superintendent shall provide the school principal of the school in which the
student is enrolled with the arrest information, including the charges. If the
student who has been arrested is an identified student with disabilities who
has been enrolled by the public school system in a nonpublic school program,
the local superintendent shall provide the principal of the nonpublic school
with the arrest information, including the charges.
(2) The school principal with appropriate staff members shall
immediately develop a plan that addresses appropriate educational programming
and related services for the student and that maintains a safe and secure
school environment for all students and school personnel. The school principal
shall request that the student’s parent or guardian:
(a) Participate in the development of the plan; and
(b) Submit information that is relevant to developing the plan.
(3) If the plan results in a change to the student's educational
program, the school principal shall promptly schedule a conference to inform
the parent or guardian of the plan. The plan shall be implemented not later
than 5 school days after receipt of the arrest information.
(4) The school principal and appropriate staff shall review the
plan and the student's status and make adjustments as appropriate:
(a) Immediately upon notification from the State's Attorney of the
disposition of the reportable offense; or
(b) Pending notification from the State's Attorney, at a minimum on
a quarterly basis.
(5) The parent or guardian shall be informed of any adjustments to
the plan.
(6) Each local school system shall provide a review process to
resolve any disagreement that arises in the implementation of this regulation.
C. General Provisions.
(1) Except by order of a juvenile court or other court upon good
cause shown or as provided in §C(2) of this regulation, the reportable offense
information is confidential and may not be redisclosed by subpoena or otherwise
and may not be made part of the student's permanent educational record.
(2) If the disposition of the reportable offense was a conviction,
an adjudication of delinquency, or the criminal charge or delinquency petition
is still pending, a local superintendent or school principal may transmit the
information obtained under this regulation as a confidential file to the local
superintendent of another public school system or to another nonpublic school
in the state in which the student has enrolled or has transferred, to carry out
the purposes of this regulation.
(3) A local superintendent or school principal who transmits
information about a student under §C(2) of this regulation shall include in the
confidential transmittal information on any educational programming and related
services provided to the student.
(4) A fee may not be charged to the student or parent or guardian
for the alternative educational programming or related services that are
developed for the student.
(5) Notice of the reportable offense charge alone may not be the
basis for suspension or expulsion of the student. However, nothing in this
regulation is intended to limit the manner in which a school obtains
information or uses information obtained by any lawful means other than through
notice of the arrest.
(6) Appropriate educational programming and related services shall
be provided to an identified student with disabilities in accordance with the
Individuals with Disabilities Education Act and State special education law and
regulations, including COMAR 13A.05.01.
(7) The reportable offense information obtained by a local
superintendent, school principal or school security officer shall be:
(a) Transmitted only to school personnel of the school in which the
student is enrolled as necessary to carry out the purposes set forth in this regulation;
and
(b) Destroyed when the first of the following occurs:
(i) The student graduates;
(ii) The student otherwise permanently leaves school;
(iii) The student turns 22 years old;
(iv) The criminal case involving the reportable offense is dismissed;
(v) The student is found not guilty of the reportable offense; or
(vi) The student pleads to a lesser offense that is not a
reportable offense.
(8) Reportable offense involving rape or a sexual offense.
(a) Except as otherwise provided in paragraph §C(8)(b) of this
regulation, the local superintendent and the school principal shall consider
prohibiting a student who is arrested for a reportable offense involving rape
or a sexual offense from attending the same school or riding on the same school
bus as the alleged victim of the reportable offense if such action is necessary
or appropriate to protect the physical or psychological well-being of the
alleged victim.
(b) If a student is arrested for a reportable offense involving
rape or a sexual offense and is convicted of or adjudicated delinquent for the
rape or sexual offense, the student may not attend the same school or ride on
the same school bus as the victim.
(9) Nothing in this regulation is intended to limit the manner in
which a local school obtains information or uses information obtained by any
lawful means other than that set forth in §C(2) of this regulation.
(10) Each public school that enrolls students in grades six through
12 in the State shall designate at least one school security officer.]
B. Notification by Law Enforcement. If a student is arrested for
a reportable offense or an offense that is related to the student's membership
in a criminal organization, the law enforcement agency making the arrest:
(1) Shall notify the following individuals of the arrest and the
charges within 24 hours of the arrest or as soon as practicable:
(a) The local superintendent;
(b) The school principal; and
(c) For a school that has a school security officer, the school
security officer; and
(2) May notify the State's Attorney of the arrest and charges.
C. Safety Determination Procedures and Plan.
(1) Promptly, upon receipt of information from a law enforcement
agency or another verified source of an arrest of a student for a reportable
offense:
(a) The local superintendent shall provide the school principal
of the school in which the student is enrolled with the arrest information,
including the charges; and
(b) If the student who has been arrested is an identified
student with disabilities who has been enrolled by the public school system in
a nonpublic school program, the local superintendent shall provide the
principal of the nonpublic school with the arrest information, including the
charges.
(2) The school principal, in consultation with appropriate staff
members, shall consider whether the student’s presence presents a risk to the
safety of other students and staff.
(3) If the school principal believes the student presents a
safety risk, the school principal shall immediately develop a plan that:
(a) Addresses appropriate educational programming and related
services for the student; and
(b) Maintains a safe and secure school environment for all
students and staff.
(4) The school principal shall request that the student’s parent
or guardian:
(a) Participate in the development of the plan; and
(b) Submit information that is relevant to developing the plan.
(5) If the student has an attorney, the school principal shall
invite the student’s attorney to participate in any meeting with the student’s parent
or guardian to discuss the plan.
D. Removal from Regular School Program.
(1) A student may not be removed from the student’s regular
school program unless the student presents an imminent threat of serious harm
to other students or staff.
(2) If the plan developed in §C(3) of this regulation includes
removal of the student from the student’s regular school program, the school
principal shall promptly inform the local superintendent in writing.
(3) Upon receipt of a written report from a school principal
requesting a removal from the regular school program, and no later than 10
school days from the notification of the reportable offense, the local
superintendent shall:
(a) Promptly hold a conference with the
student, the student’s parent or guardian, and if the student has an attorney,
the student’s attorney; and
(b) Make a determination as to
whether the student poses an imminent threat of serious harm to other students
or staff necessitating a removal.
(4) Implementation of the plan shall occur by the 10th school
day following notification of the reportable offense.
(5) If after the conference, the local superintendent finds that
a removal from the regular school program is warranted, the student or the
student's parent or guardian may appeal the removal to the local board within
15 calendar days after the determination.
(6) If an appeal is filed, the local board or its designated
committee or hearing officer shall have 45 calendar days from the date the
appeal was received to hear the appeal and issue a decision, as follows:
(a) This timeline period may be extended if the student’s
parent, guardian, or representative requests additional time; and
(b) This timeline shall also apply if the local board elects to
use a hearing examiner.
(7) If due to extraordinary circumstances or unusual complexity
of a particular appeal, the local board determines that it will be unable to
hear an appeal and issue a decision within 45 calendar days, it may petition
the State Superintendent for an extension of time.
(8) The student or the student's parent, guardian, or
representative:
(a) Shall be provided with the school system's witness list and
a copy of the documents that the school system will present at the hearing no
later than 5 business days before the hearing; and
(b) May bring counsel and witnesses to the hearing.
(9) Unless a public hearing is requested by the parent or
guardian of the student, a hearing shall be held out of the presence of all
individuals except those whose presence is considered necessary or desirable by
the local board.
(10) The appeal to the local board does not stay the decision of
the local superintendent.
(11) The decision of the local board is final.
E. Review Procedures.
(1) With the input of the school principal, appropriate staff,
the student, and the student’s parent or guardian, the local superintendent
shall review the plan and the student's status and make adjustments as
appropriate:
(a) Immediately upon notification from the State's Attorney of
the disposition of the reportable offense; or
(b) Pending notification from the State's Attorney, at a minimum
every 45 school days.
(2) If the student has an attorney, the
local superintendent shall invite the student’s attorney to participate in any
meeting with the student or the student’s parent or guardian to discuss the
review of the plan.
(3) The student and the student’s parent or guardian shall be
provided in writing with the local superintendent’s review decision.
(4) If the student or the student’s parent or guardian disagrees
with the local superintendent’s review decision, the student or the student’s
parent or guardian may appeal the decision consistent with §D(5)—(11) of this
regulation.
F. Confidentiality of Information and Retention of Documents.
(1) Except by order of a juvenile court or other court upon good
cause shown or as provided in §F(2) of this regulation, the reportable offense
information is confidential and may not be redisclosed by subpoena or otherwise
and may not be made part of the student's permanent educational record.
(2) If the disposition of the reportable offense was a
conviction, an adjudication of delinquency, or the criminal charge or
delinquency petition is still pending, a local superintendent or school
principal may transmit the information obtained under this regulation as a
confidential file to the local superintendent of another local school system or
to another nonpublic school in the state in which the student has enrolled or
has transferred, to carry out the purposes of this regulation.
(3) A local superintendent or school principal who transmits
information about a student under §F(2) of this regulation shall include in the
confidential transmittal information on any educational programming and related
services provided to the student.
(4) Nothing in this regulation is intended to limit the manner
in which a local school obtains information or uses information obtained by any
lawful means.
(5) The reportable offense information obtained by a local
superintendent, school principal, or school security officer shall be:
(a) Transmitted only to school personnel of the school in which
the student is enrolled and as necessary to carry out the purposes set forth in
this regulation; and
(b) Destroyed when the first of the following occurs:
(i) The student graduates;
(ii) The student otherwise permanently leaves school;
(iii) The student turns 22 years old;
(iv) The criminal case involving the reportable offense is
dismissed;
(v) The student is found not guilty of the reportable offense;
or
(vi) The student pleads to a lesser offense that is not a
reportable offense.
G. Students with Disabilities.
(1) Appropriate educational programming and related services
shall be provided to an identified student with disabilities in accordance with
the Individuals with Disabilities Education Act and State special education law
and regulations, including COMAR 13A.05.01.
(2) Removal of a student with a disability resulting in a change
of placement under COMAR 13A.08.03.05 shall be conducted in conformance with
the requirements of the Individuals with Disabilities Education Act, and State
special education law and regulations, including requirements related to a
manifestation determination.
(3) If the student has an attorney, the attorney shall be
invited to attend any meeting to discuss the manifestation determination.
H. Reportable Offense Involving Rape or a Sexual Offense.
(1) Except as otherwise provided in §H(2) of this regulation,
the local superintendent and the school principal shall consider prohibiting a
student who is arrested for a reportable offense involving rape or a sexual
offense from attending the same school or riding on the same school bus as the
alleged victim of the reportable offense if such action is necessary or
appropriate to protect the physical or psychological well-being of the alleged
victim.
(2) If a student is arrested for a reportable offense involving
rape or a sexual offense and is convicted of or adjudicated delinquent for the
rape or sexual offense, the student may not attend the same school or ride on
the same school bus as the victim.
(3) Consistent with Criminal Procedure Article, §11-722(e),
Annotated Code of Maryland, a student who is required to register with the
Maryland Sex Offender Registry may receive an education in accordance with
State law in any of the following locations:
(a) A location other than a public or nonpublic elementary or
secondary school, including by:
(i) Participating in the Home and Hospital Teaching Program for
Students; or
(ii) Participating in or attending a program approved by a local
board;
(b) A Regional Institute for Children and Adolescents; or
(c) A nonpublic educational program as provided by Education
Article, §8-406, Annotated Code of Maryland, if:
(i) The registrant has notified an agent or employee of the
nonpublic educational program that the registrant is required to register under
this subtitle; and
(ii) The registrant has been given specific written permission
by an agent or employee of the nonpublic educational program to attend the nonpublic
educational program.
I. General Provisions.
(1) Each public school that enrolls students in grades six
through 12 in the State shall designate at least one school security officer.
(2) A fee may not be charged to the student or parent or
guardian for the alternative educational programming or related services that
are developed for the student.
J. Data Collection. Each year the local school system shall
provide to the Department the following information for each reportable offense
for which the local school received information under this regulation:
(1) The nature of the
reportable offense;
(2) Verification that the
offense occurred off school premises;
(3) Action taken by the local
school and local board after being notified of the reportable offense;
(4) The race, ethnicity,
gender, and disability status of the student arrested for the reportable
offense;
(5) The grade of the student
arrested for the reportable offense;
(6) The regular school
program of the student arrested for the reportable offense;
(7) Whether the student’s
regular school program was altered as a result of the reportable offense;
(8) If the student was
removed from the student’s regular school program as a result of the reportable
offense:
(a) The amount of time during
which the student was removed; and
(b) The student’s placement
and educational programming during the period of removal; and
(9) If removed from the
student’s regular school program, the student’s academic performance during the
time period the student was removed, including attendance, grades, and
standardized test scores, and any additional disciplinary actions.
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Notice of Proposed Action
[23-173-P]
The State Board of Education proposes to:
(1) Amend Regulation .02 under COMAR 13A.15.01 Scope and Definitions;
(2) Amend Regulation .03
under COMAR 13A.15.05 Home Environment
and Equipment;
(3) Amend Regulation .02
under COMAR 13A.15.10 Child Safety;
(4) Amend Regulations .04
and .05 and repeal Regulation .06 under COMAR 13A.15.11 Health;
(5) Amend Regulation .02
under COMAR 13A.16.01 Scope and
Definitions;
(6) Amend Regulation .11
under COMAR 13A.16.05 Physical Plant and
Equipment;
(7) Amend Regulation .04
under COMAR 13A.16.10 Safety;
(8) Amend Regulations .04
and .05 and repeal Regulation .06 under COMAR 13A.16.11 Health;
(9) Amend Regulation .02
under COMAR 13A.17.01 Scope and Definitions;
(10) Amend Regulation .11
under COMAR 13A.17.05 Physical Plant and
Equipment;
(11) Amend Regulation .04
under COMAR 13A.17.10 Safety;
(12) Amend Regulations .04
and .05 and repeal Regulation .06 under COMAR 13A.17.11 Health;
(13) Amend Regulations .02
under COMAR 13A.18.01 Scope and
Definitions;
(14) Amend Regulation .11
under COMAR 13A.18.05 Home Environment
and Equipment;
(15) Amend Regulation .04
under COMAR 13A.18.10 Safety; and
(16) Amend Regulations .04
and .05 and repeal Regulation .06 under COMAR 13A.18.11 Health.
This action was considered by the State Board of Education at
their June 27, 2023, meeting.
Statement of Purpose
The purpose of this action is to amend regulations to: (1) prevent
inappropriate exposure to or ingestion of cannabis; and (2) specify that
biocontaminants and biohazards shall be disposed of in a clean and sanitary
manner, consistent with this proposal’s purpose to prevent children from being
exposed to hazardous items.
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 Keisha Maxwell, Administrator of Policy
and Special Projects, Division of Early Childhood, Maryland State Department of
Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-7852,
or email to earlychildhoodregs.msde@maryland.gov. Comments will be accepted
through November 6, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on December 5, 2023 at 9 a.m.,
at 200 West Baltimore Street, Baltimore, MD 21201.
Subtitle 15 FAMILY CHILD CARE
13A.15.01 Scope and Definitions
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, 9.5-321 and 9.5-414; Family Law Article, §§5-550—5-558; General
Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of
Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
(7-1) Cannabis.
(a) “Cannabis” means the plant cannabis sativa L. and any part
of the plant, including:
(i) All derivatives;
(ii) Extracts;
(iii) Cannabinoids;
(iv) Isomers;
(v) Acids;
(vi) Salts; and
(vii) Salts of isomers, whether growing or not, with a
delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry
weight basis.
(b) “Cannabis” includes any product that is composed of
cannabis, cannabis concentrate, or cannabis extract including but not limited
to cannabis vaporizing devices, concentrated cannabis products, edible cannabis
products, and any usable cannabis products.
(c) “Cannabis” does not include hemp or hemp products, as
defined in Agriculture Article, §14-101, Annotated Code of Maryland.
(8)—(35) (text unchanged)
(35-1) “Vaping” means using a device that can deliver
aerosolized or vaporized products, including but not limited to nicotine and
cannabis, to an individual inhaling from the device.
(36) (text unchanged)
13A.15.05 Home Environment and Equipment
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.03 Cleanliness and Sanitation.
A.—F. (text unchanged)
G. Biocontaminants and biohazards shall be disposed of in a
clean and sanitary manner.
13A.15.10 Child Safety
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.02 Potentially Hazardous Items.
The provider shall properly store, and keep inaccessible to the
children in care, all potentially harmful items, including, but not limited to,
knives, sharp tools, firearms, matches, [alcoholic beverages,] alcohol,
tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia and
byproducts, petroleum, flammable products, cleaning agents, and poisonous
products.
13A.15.11 Health
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Medication Administration and Storage.
A.—G. (text unchanged).
H. Medical Cannabis.
(1) The administration of medical
cannabis by a caregiver to a child who is a qualifying medical cannabis patient
is governed by COMAR 10.62.01—10.62.37.
(2) The administration of medical cannabis that includes smoking
or vaping is prohibited.
.05 [Smoking.] Alcohol, Tobacco, Cannabis, and Other Drugs.
A. If a resident of the family child care home smokes [cigarettes,
cigars, or pipes] or vapes any substance, including but not limited
to tobacco or cannabis, the provider shall make this known in advance to
parents who are considering placing their children in the provider's care.
[B. smoking Restrictions.
(1) A provider and any other individual who has child care
responsibilities may not smoke in the immediate presence of a child in care.
(2) During the family child care home's approved hours of
operation, if an enrolled child is or will be on the premises, the provider may
not smoke or permit smoking anywhere inside the home.
C. The provider or substitute shall ensure that all cigarettes,
cigars, pipes, ashes, and butts are kept out of the reach of the children in
care.]
B. A resident may not consume alcohol during the family child
care home’s approved hours of operation.
C. A provider and any other individual may not consume alcohol
during the family child care home’s approved hours of operation.
D. During the family child care home's hours of operation, if an
enrolled child is or will be on the premises, the provider or any other individual
may not smoke or vape or permit smoking or vaping anywhere inside the home or
any outdoor area approved for child care use.
E. A provider and any other individual may not consume or be
under the influence of alcohol, cannabis, or an illegal or nonprescribed
controlled dangerous substance while:
(1) Present at the family child care home during the home’s
hours of operation; or
(2) Providing or assisting with the care of children on or away
from the premises of the family child care home or during transport.
F. A provider and any other individual shall ensure that all alcohol, tobacco, cannabis, cannabis edibles, and smoking
and vaping paraphernalia and byproducts are kept out of the reach of the
children in care.
Subtitle 16 CHILD CARE CENTERS
13A.16.01 Scope and Definitions
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; Family Law Article, §§5-550—5-558; General Provisions Article,
§4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.02 Definitions.
A. In this [chapter] subtitle, the following
terms have the meanings indicated.
B. Terms Defined.
(1)—(11) (text unchanged)
(11-1) Cannabis.
(a) “Cannabis” means the plant cannabis sativa L. and any part
of the plant, including:
(i) All derivatives;
(ii) Extracts;
(iii) Cannabinoids;
(iv) Isomers;
(v) Acids;
(vi) Salts; and
(vii) Salts of isomers, whether growing or not, with a
delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry
weight basis.
(b) “Cannabis” includes any product that is composed of
cannabis, cannabis concentrate, or cannabis extract, including but not limited
to cannabis vaporizing devices, concentrated cannabis products, edible cannabis
products, and any usable cannabis products.
(c) “Cannabis” does not include hemp or hemp products, as
defined in Agriculture Article, §14-101, Annotated Code of Maryland.
(12)—(59) (text unchanged)
(59-1) “Vaping” means using a device that can deliver
aerosolized or vaporized products, including but not limited to nicotine and
cannabis, to an individual inhaling from the device.
(60) (text unchanged)
13A.16.05 Physical Plant and Equipment
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.11 General Cleanliness and Disposal of Refuse.
A.—C. (text unchanged)
D. Disposal of Refuse.
(1)—(4) (text unchanged)
(5) Biocontaminants and biohazards shall be disposed of in a
clean and sanitary manner.
13A.16.10 Safety
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Potentially Hazardous Items.
A. An operator shall store all potentially harmful items, including
but not limited to the items described in §§B—[E] F of
this regulation, in locations which are inaccessible to children in care.
B.—E. (text unchanged)
F. Alcohol, tobacco, cannabis, cannabis edibles, and smoking and
vaping paraphernalia and byproducts shall be stored in an approved manner.
[F.] G.—[I.] J. (text
unchanged)
13A.16.11 Health
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Medication Administration and Storage.
A.—H. (text unchanged)
I. Medical Cannabis.
(1) The administration of medical cannabis by a caregiver to a
child who is a qualifying medical cannabis patient is governed by COMAR
10.62.01—10.62.37.
(2) The administration of medical cannabis that includes smoking
or vaping is prohibited.
.05 [Smoking] Alcohol, Tobacco, Cannabis, and Other Drugs.
[A. Except as specified in §B of this regulation, smoking is
prohibited:
(1) At all times in any indoor area of a child care center; and
(2) During the center's hours of operation, in any outdoor area of
the center which is approved for child care use.
B. In a small center located in a private residence, smoking is
prohibited during the center's hours of operation in any indoor or outdoor area
approved for child care use.]
A. If a resident smokes or vapes any substance, including but
not limited to tobacco or cannabis, the provider shall make this known in
advance to parents who are considering placing their children in the center’s
care.
B. A resident may not consume alcohol during the center’s
approved hours of operation.
C. A provider and any other individual may not consume alcohol
during the center’s approved hours of operation.
D. During the center’s hours of operation, if an enrolled child
is or will be on the premises, the provider or any other individual may not
smoke or vape or permit smoking or vaping in any indoor or outdoor area
approved for child care use.
E. A provider and any other individual may not consume or be
under the influence of alcohol, cannabis, or an illegal or nonprescribed
controlled dangerous substance while:
(1) Present at the child care center during the center’s hours
of operation; or
(2) Providing or assisting with the care of children during an
off-site program activity or during transport.
F. A provider and any other individual shall ensure that all
alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping
paraphernalia and byproducts are kept out of the reach of the children in care.
Subtitle 17 CHILD CARE—LETTERS OF COMPLIANCE
13A.17.01 Scope and Definitions
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
[905-411] 9.5-411, and 9.5-413—9.5-418; Family Law
Article, §§5-550—5-558; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.02 Definitions.
A. (text unchanged).
B. Terms Defined.
(1)—(6) (text unchanged)
(6-1) Cannabis.
(a) “Cannabis” means the plant cannabis sativa L. and any part
of the plant, including:
(i) All derivatives;
(ii) Extracts;
(iii) Cannabinoids;
(iv) Isomers;
(v) Acids;
(vi) Salts; and
(vii) Salts of isomers, whether growing or not, with a
delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry
weight basis.
(b) “Cannabis” includes any product that is composed of
cannabis, cannabis concentrate, or cannabis extract, including but not limited
to cannabis vaporizing devices, concentrated cannabis products, edible cannabis
products, and any usable cannabis products.
(c) “Cannabis” does not include hemp or hemp products, as
defined in Agriculture Article, §14-101, Annotated Code of Maryland.
(7)—(45) (text unchanged)
(45-1) “Vaping” means using a device that can deliver
aerosolized or vaporized products, including but not limited to nicotine and
cannabis, to an individual inhaling from the device.
(46) (text unchanged)
13A.17.05 Physical Plant and Equipment
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
[905-411] 9.5-411, and 9.5-413—9.5-418; General Provisions
Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.11 General Cleanliness and Disposal of Refuse.
A.—B. (text unchanged)
C. Disposal of Refuse.
(1)—(3) (text unchanged)
(4) Biocontaminants and biohazards shall be disposed of in a
clean and sanitary manner.
13A.17.10 Safety
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
[905-411] 9.5-411, and 9.5-413—9.5-418; General Provisions
Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990
(42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Potentially Hazardous Items.
A. An operator shall store all potentially harmful items, including
but not limited to the items described in §§B—[E] F of
this regulation, in locations which are inaccessible to children in care.
B.—E. (text unchanged)
F. Alcohol, tobacco, cannabis, cannabis edibles, and smoking and
vaping paraphernalia and byproducts shall be stored in an approved manner.
[F.] G.—[I.] J. (text
unchanged)
13A.17.11 Health
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
[905-411] 9.5-411, and 9.5-413—9.5-418; General Provisions
Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Medication Administration and Storage.
A.—H. (text unchanged)
I. Medical Cannabis.
(1) The administration of medical cannabis by a caregiver to a
child who is a qualifying medical cannabis patient is governed by COMAR
10.62.01—10.62.37.
(2) The administration of medical cannabis that includes smoking
or vaping is prohibited.
.05 [Smoking] Alcohol, Tobacco, Cannabis, and Other Drugs.
[Smoking or is prohibited:
A. At all times in any indoor area of the child care facility; and
B. During the facility's hours of operation, in any outdoor area of
the facility which is approved for child care use.]
A. If a resident smokes or vapes any substance, including but
not limited to tobacco or cannabis, the provider shall make this known in
advance to parents who are considering placing their children in the facility’s
care.
B. A resident may not consume alcohol during the facility’s
approved hours of operation.
C. A provider and any other individual may not consume alcohol
during the facility’s approved hours of operation.
D. During the facility’s hours of operation, if an enrolled
child is or will be on the premises, the provider or any other individual may
not smoke or vape or permit smoking or vaping in any indoor or outdoor area
approved for child care use.
E. A provider and any other individual may not consume or be
under the influence of alcohol, cannabis, or an illegal or nonprescribed
controlled dangerous substance while:
(1) Present at the facility during the facility’s hours of
operation; or
(2) Providing or assisting with the care of children during an
off-site program activity or during transport.
F. The provider and any other individual shall ensure that all
alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping
paraphernalia and byproducts are kept out of the reach of the children in care.
Subtitle 18 LARGE FAMILY CHILD CARE HOMES
13A.18.01 Scope and Definitions
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, 9.5-321 and 9.5-414; Family Law Article §§5-550—5-558; General
Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of
Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.02 Definitions.
A. In this [chapter] subtitle, the following
terms have the meanings indicated.
B. Terms Defined.
(1)—(7) (text unchanged)
(7-1) Cannabis.
(a) “Cannabis” means the plant cannabis sativa L. and any part
of the plant, including:
(i) All derivatives;
(ii) Extracts;
(iii) Cannabinoids;
(iv) Isomers;
(v) Acids;
(vi) Salts; and
(vii) Salts of isomers, whether growing or not, with a
delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry
weight basis.
(b) “Cannabis” includes any product that is composed of
cannabis, cannabis concentrate, or cannabis extract, including but not limited
to cannabis vaporizing devices, concentrated cannabis products, edible cannabis
products, and any usable cannabis products.
(c) “Cannabis” does not include hemp or hemp products, as
defined in Agriculture Article, §14-101, Annotated Code of Maryland.
(8)—(48) (text unchanged)
(48-1) “Vaping” means using a device that can deliver aerosolized
or vaporized products, including but not limited to nicotine and cannabis, to
an individual inhaling from the device.
(49) (text unchanged)
13A.18.05 Home Environment and Equipment
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.11 Cleanliness and Sanitation.
A.—B. (text unchanged)
C. Disposal of Refuse.
(1)—(4) (text unchanged)
(5) Biocontaminants and biohazards shall be disposed of in a
clean and sanitary manner.
13A.18.10 Safety
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Potentially Hazardous Items.
A. A provider shall store all potentially harmful items, including
but not limited to the items described in §§B—[E] F of
this regulation, in locations which are inaccessible to children in care.
B.—E. (text unchanged)
F. Alcohol, tobacco, cannabis, cannabis edibles, and smoking and
vaping paraphernalia and byproducts shall be stored in an approved manner.
[F.] G.—[H.] I. (text
unchanged)
13A.18.11 Health
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04 Medication Administration and Storage.
A.—H. (text unchanged).
I. Medical Cannabis.
(1) The administration of medical cannabis by a caregiver to a
child who is a qualifying medical cannabis patient is governed by COMAR
10.62.01—10.62.37.
(2) The administration of medical cannabis that includes smoking
or vaping is prohibited.
.05 [Smoking] Alcohol, Tobacco, Cannabis, and Other Drugs.
[Smoking is prohibited in any indoor or outdoor area
approved for child care use during the child care home's hours of operation].
A. If a resident smokes or vapes any substance, including but
not limited to tobacco or cannabis, the provider shall make this known in
advance to parents who are considering placing their children in the large
family child care home’s care.
B. A resident may not consume alcohol during the large family
child care home’s approved hours of operation.
C. A provider and any other individual may not consume alcohol
during the large family child care home’s approved hours of operation.
D. During the large family child care home’s hours of operation,
if an enrolled child is or will be on the premises, the provider or any other
individual may not smoke or vape or permit smoking or vaping in any indoor or
outdoor area approved for child care use.
E. A provider and any other individual may not consume or be
under the influence of alcohol, cannabis, or an illegal or nonprescribed
controlled dangerous substance while:
(1) Present at the large family child care home during the
home’s hours of operation; or
(2) Providing or assisting with the care of children during an
off-site program activity or during transport.
F. The provider and any other individual shall ensure that all
alcohol, tobacco, cannabis, cannabis edibles, and smoking and vaping paraphernalia
and byproducts are kept out of the reach of the children in care.
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Notice of Proposed Action
[23-207-P]
The State Board of Education proposes to:
(1) Adopt new Regulation .04-1
under COMAR 13A.15.13 Inspections,
Complaints, and Enforcement;
(2) Amend Regulations .01
and .02 under COMAR 13A.15.14 Administrative Hearings;
(3) Adopt new Regulation .04-1
under COMAR 13A.16.17 Inspections,
Complaints, and Enforcement;
(4) Amend Regulations .01
and .02 under COMAR 13A.16.18 Administrative Hearings;
(5) Adopt new Regulation .04-1
under COMAR 13A.17.15 Inspections,
Complaints, and Enforcement;
(6) Amend Regulations .01
and .02 under COMAR 13A.17.16 Administrative Hearings;
(7) Adopt new Regulation .04-1
under COMAR 13A.18.14 Inspections,
Complaints, and Enforcement; and
(8) Amend Regulations .01
and .02 under COMAR 13A.18.15 Administrative Hearings.
This action was considered by the State Board of Education at
their May 23, 2023, meeting.
Statement of Purpose
The purpose of this action is to authorize the Maryland State
Department of Education, Office of Child Care (OCC), to issue intermediate sanctions
on an emergency basis upon determining that a child care provider has violated
child care regulations and that action is necessary to protect the health,
safety, or welfare of children in care. The emergency intermediate sanctions
that will be available to the OCC include restricting the ages of children in
care; reducing the number of children in care; limiting the spaces, rooms, or
areas that may be used for child care; prohibiting an employee, staff member,
substitute, or volunteer who has successfully passed all required background
checks from being alone with a child or group of children pending an open child
protective services or criminal investigation; requiring the provider or staff
to participate in training; and increasing the frequency of monitoring. Since
emergency intermediate sanctions will go into effect immediately upon issuance,
providers will be notified in writing and given appeal rights, including the
right to an expedited hearing before the Office of Administrative Hearings. This
action will allow the OCC to take immediate action, as appropriate, without
necessarily suspending a child care program in its entirety, which is the only
option available on an emergency basis under current regulations.
Estimate of Economic Impact
I. Summary of Economic Impact. While the emergency
suspension of a child care program negatively impacts revenue for the program,
the proposed action could lessen that impact if an intermediate sanction such
as the closing of a room or limiting capacity is imposed instead. Under current
regulation, a suspension is the only option available when emergency action is
necessary. When programs are closed during the period of suspension, it may
result in families seeking care elsewhere and potentially not returning. In
addition, depending on the contract between the program and the families
served, some programs are required to refund families a portion of tuition fees
already paid. The proposed action will benefit child care programs because they
may lose fewer families if care can continue in rooms that are not affected by
the emergency situation and they may only need to refund tuition for the room
or children impacted, rather than the entire program. The proposed action will
not have an impact on the OCC because the agency will be able to implement the
regulations using existing resources.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
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:
|
|
|
|
Child care centers
|
(-)
|
Unknown
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Child care centers
|
(-)
|
Unknown
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Family Child Care Homes, Child Care Centers, Letters of
Compliance (LOC), and Large Family Child Care Homes may sustain less of an
economic impact from the proposed action because, instead of suspending an
entire program, the Office of Child Care will have the option to only close a
room/portion of the program, as appropriate. As a result, the program’s loss of
revenue will be limited to the room/families involved.
F. The proposed action will decrease the impact on families served
at family child care homes, child care centers, letters of compliance, and
large family child care homes where the Office of Child Care has identified
noncompliance. Currently, when a program is suspended as a result of an
emergency, all the families served are displaced until further notice, even if
the health and safety concern might be able to be limited to particular rooms
or staff. As a result, families have to seek care elsewhere, which consists of
paying new and potentially increased enrollment and tuition fees, taking
unscheduled leave from work due to a lack of child care options, uprooting a
child from a familiar setting to an unknown location, and the inconvenience of
getting mandated forms submitted and changing pick-up and drop-off routines.
These inconveniences usually result in some families remaining at the new
location.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action will allow child care programs that are small
businesses, based on their size or capacity, to remain open in those instances
where noncompliance requires emergency action, but the OCC has determined that
the cause for concern can be reasonably contained and addressed with a lesser
sanction than suspension. Smaller programs often do not have the same financial
resources as a lot of the larger programs, resulting in them exhausting reserve
funds, if any, to bounce back after a period of suspension. This leads to a
decrease in the number of smaller programs, which are often the child care
program families prefer. The proposed action will decrease the economic strain
on these programs.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Keisha Maxwell, Administrator of Policy
and Special Projects, Division of Early Childhood, Maryland State Department of
Education, 200 West Baltimore Street, Baltimore, MD 21201, or call
410-767-7852, or email to earlychildhoodregs.msde@maryland.gov. Comments will
be accepted through November 6, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on December 5, 2023, at 9 a.m.,
at 200 West Baltimore Street, Baltimore, MD 21201.
Subtitle 15 FAMILY CHILD CARE
13A.15.13 Inspections, Complaints, and Enforcement
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202, Annotated Code of Maryland
Agency Note: Federal Statutory Reference – Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04-1 Emergency Intermediate Sanctions.
A. Upon determining that a provider has violated the regulations
in this subtitle and that action is required to protect the health, safety, or
welfare of children in care, the Office may:
(1) Restrict the ages of children in care;
(2) Reduce the number of children in care;
(3) Limit the spaces, rooms, or areas that may be used for child
care;
(4) Prohibit an employee, staff member, substitute, or volunteer
who has successfully passed all checks under COMAR 13A.15.02.02 or .03 from
being alone with a child or group of children pending an open child protective
services or criminal investigation;
(5) Require the provider or staff to participate in training in
a specified content area;
(6) Increase the frequency of monitoring of the home during a specified
period of time;
(7) Enter into an agreement with the provider detailing
requirements for remedying violations and achieving compliance; and
(8) Notify, or require the provider to notify, a parent of a
child who may be affected by the situation for which an emergency intermediate
sanction has been imposed.
B. The Office shall hand deliver written notice of the emergency
intermediate sanction to the provider stating:
(1) The regulatory basis for the sanction;
(2) That the provider shall immediately implement the sanction;
(3) That the provider is entitled to a hearing before the Office
of Administrative Hearings within 7 calendar days of the provider’s request for
a hearing;
(4) That the Office of Administrative Hearings shall issue a
decision concerning the sanction within 7 calendar days of the hearing;
(5) That if the sanction is upheld, implementation of the
sanction at the child care home shall continue until it is determined that the
health, safety, or welfare of children in the home is no longer threatened;
(6) That the sanction may lead to suspension or revocation of
the provider’s registration, if the Office determines that a provider has
violated a condition or requirement of the sanction; and
(7) That the provider may continue to provide child care, except
as limited by the sanction.
C. If unable to hand deliver a written notice to the provider,
the Office may send notice by regular and certified mail or by electronic mail,
read receipt requested, to the provider’s address on file.
13A.15.14 Administrative Hearings
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312, 9.5-320,
and 9.5-321; General Provisions Article, §4-333; Human Services Article,
§1-202, Annotated Code of Maryland
Agency Note: Federal Statutory Reference – Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.01 Scope.
A. This chapter applies to hearings concerning actions taken by the
Office of Child Care which adversely impact family child care registrations,
such as registration denials, revocations, and suspensions, reductions in
capacity, limitations on the ages or numbers of children who may be admitted to
a family child care home, limitations on the spaces, rooms, or areas that
may be used for child care, restrictions on which individuals can be alone with
children in care pending open child protective services or criminal
investigations, and the imposition of civil penalties for providing or
advertising unregistered family child care services without a valid family
child care certificate of registration.
B. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) Emergency Action.
(a) (text unchanged)
(b) “Emergency action” may include an emergency suspension, an
immediate reduction in capacity, [and] an immediate limitation on
the ages or numbers of children who may be admitted to care, an
immediate limitation on the spaces, rooms, or areas that may be used for child
care, or an immediate restriction on which individuals can be alone with
children in care.
(8)—(15) (text unchanged)
Subtitle 16 CHILD CARE CENTERS
13A.16.17 Inspections, Complaints, and Enforcement
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418;
General Provisions Article, §4-333; Human Services Article, §1-202, Annotated
Code of Maryland
Agency Note: Federal Statutory Reference – Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04-1 Emergency Intermediate Sanctions.
A. Upon determining that an operator has violated the
regulations in this subtitle and that action is required to protect the health,
safety, or welfare of children in care, the Office may:
(1) Restrict the ages of children in care;
(2) Reduce the number of children in care;
(3) Limit the spaces, rooms, or areas that may be used for child
care;
(4) Prohibit an employee, staff member, substitute, or volunteer
who has successfully passed all checks under COMAR 13A.16.02.01I from being
alone with a child or group of children pending an open child protective
services or criminal investigation;
(5) Require the operator or center staff to participate in
training in a specified content area;
(6) Increase the frequency of monitoring of the center during a
specified period of time;
(7) Enter into an agreement with the operator detailing
requirements for remedying violations and achieving compliance; and
(8) Notify, or require the operator to notify, a parent of a
child who may be affected by the situation for which an emergency intermediate
sanction has been imposed.
B. The Office shall hand deliver written notice of the emergency
intermediate sanction to the operator stating:
(1) The regulatory basis for the sanction;
(2) That the operator shall immediately implement the sanction;
(3) That the operator is entitled to a hearing before the Office
of Administrative Hearings within 7 calendar days of the operator's request for
a hearing;
(4) That the Office of Administrative Hearings shall issue a
decision concerning the sanction within 7 calendar days of the hearing;
(5) That if the sanction is upheld, implementation of the
sanction at the child care center shall continue until it is determined that
the health, safety, or welfare of children in the facility is no longer
threatened;
(6) That the sanction may lead to suspension or revocation of
the operator’s license, if the Office determines that an operator has violated
a condition or requirement of the sanction; and
(7) That the operator may continue to provide child care, except
as limited by the sanction.
C. If unable to hand deliver a written notice to the operator,
the Office may send notice by regular and certified mail or by electronic mail,
read receipt requested, to the operator’s address on file.
13A.16.18 Administrative Hearings
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418;
General Provisions Article, §4-333; Human Services Article, §1-202, Annotated
Code of Maryland Agency Note: Federal Statutory Reference – Americans with
Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994
(20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98
and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.01 Scope.
A. This chapter applies to hearings concerning actions taken by the
Office of Child Care which adversely impact child care center licenses and
letters of compliance. These actions include denials, suspensions, or
revocations of licenses or letters of compliance, reductions in capacity,
limitations on the ages or numbers of children who may be admitted to the child
care center, limitations on the spaces, rooms, or areas that may be used for
child care, restrictions on which individuals can be alone with children in
care pending open child protective services or criminal investigations, the
imposition of civil penalties for providing or advertising unlicensed child
care services without a valid child care license, and employment exclusions
pursuant to COMAR 13A.16.06.03A or B.
B. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) Emergency Action.
(a) (text unchanged)
(b) “Emergency action” may include an emergency suspension, an
immediate reduction in capacity, an immediate limitation on the ages or numbers
of children who may be admitted to care, an immediate limitation on the
spaces, rooms, or areas that may be used for child care, an immediate
restriction on which individuals can be alone with children in care, or an
employment exclusion pursuant to COMAR 13A.16.06.03A or B.
(8)—(15) (text unchanged)
Subtitle 17 CHILD CARE—LETTERS OF COMPLIANCE
13A.17.15 Inspections, Complaints, and Enforcement
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
[905-411] 9.5-411, and 9.5-413—9.5-418; General Provisions
Article, §4-333; Human Services Article, §1-202, Annotated Code of Maryland
Agency Note: Federal Statutory Reference – Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04-1 Emergency Intermediate Sanctions.
A. Upon determining that an operator has violated the
regulations in this subtitle and that action is required to protect the health,
safety, or welfare of children in care, the Office may:
(1) Restrict the ages of children in care;
(2) Reduce the number of children in care;
(3) Limit the spaces, rooms, or areas that may be used for child
care;
(4) Prohibit an employee, staff member, substitute, or volunteer
who has successfully passed all checks under COMAR 13A.17.02.01C from being
alone with a child or group of children pending an open child protective
services or criminal investigation;
(5) Require the operator or facility staff to participate in
training in a specified content area;
(6) Increase the frequency of monitoring of the facility during
a specified period of time;
(7) Enter into an agreement with the operator detailing
requirements for remedying violations and achieving compliance; and
(8) Notify, or require the operator to notify, a parent of a
child who may be affected by the situation for which an emergency intermediate
sanction has been imposed.
B. The Office shall hand deliver written notice of the emergency
intermediate sanction to the operator stating:
(1) The regulatory basis for the sanction;
(2) That the operator shall immediately implement the sanction;
(3) That the operator is entitled to a hearing before the Office
of Administrative Hearings within 7 calendar days of the operator's request for
a hearing;
(4) That the Office of Administrative Hearings shall issue a
decision concerning the sanction within 7 calendar days of the hearing;
(5) That if the sanction is upheld, implementation of the
sanction at the facility shall continue until it is determined that the health,
safety, or welfare of children in the facility is no longer threatened;
(6) That the sanction may lead to suspension or revocation of
the operator’s license, if the Office determines that an operator has violated
a condition or requirement of the sanction; and
(7) That the operator may continue to provide child care, except
as limited by the sanction.
C. If unable to hand deliver a written notice to the operator,
the Office may send notice by regular and certified mail or by electronic mail,
read receipt requested, to the operator’s address on file.
13A.17.16 Administrative Hearings
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
[905-411] 9.5-411, and 9.5-413—9.5-418; General Provisions
Article, §4-333; Human Services Article, §1-202, Annotated Code of Maryland
Agency Note: Federal Statutory Reference – Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.01 Scope.
A. This chapter applies to hearings concerning actions taken by the
Office of Child Care which adversely impact child care center licenses and
letters of compliance. These actions include denials, suspensions, and
revocations of licenses or letters of compliance, as well as reductions in
capacity, limitations on the ages or numbers of children who may be admitted to
the child care center, limitations on the spaces, rooms, or areas that may
be used for child care, restrictions on which individuals can be alone with
children in care pending open child protective services or criminal
investigations, the imposition of civil penalties for providing or
advertising child care services without a valid letter of compliance, and
employment exclusions pursuant to COMAR 13A.17.06.03A or B.
B. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) Emergency Action.
(a) (text unchanged)
(b) “Emergency action” may include an emergency suspension, an
immediate reduction in capacity, an immediate limitation on the ages or numbers
of children who may be admitted to care, an immediate limitation on the
spaces, rooms, or areas that may be used for child care, an immediate
restriction on which individuals can be alone with children in care, and an
employment exclusion pursuant to COMAR 13A.17.06.03A or B.
(8)—(16) (text unchanged)
Subtitle 18 LARGE FAMILY CHILD CARE HOMES
13A.18.14 Inspections, Complaints, and Enforcement
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.04-1 Emergency Intermediate Sanctions.
A. Upon a determination that a provider has violated the
regulations in this subtitle and that action is required to protect the health,
safety, or welfare of children in care, the Office may:
(1) Restrict the ages of children in care;
(2) Reduce the number of children in care;
(3) Limit the spaces, rooms, or areas that may be used for child
care;
(4) Prohibit an employee, staff member, substitute, or volunteer
who has successfully passed all checks under COMAR 13A.18.02.01I from being
alone with a child or group of children pending an open child protective
services or criminal investigation;
(5) Require the provider or staff to participate in training in
a specified content area;
(6) Increase the frequency of monitoring of the home during a
specified period of time;
(7) Enter into an agreement with the provider detailing
requirements for remedying violations and achieving compliance; and
(8) Notify, or require the provider to notify, a parent of a
child who may be affected by the situation for which an emergency intermediate
sanction has been imposed.
B. The Office shall hand deliver written notice of the emergency
intermediate sanction to the provider stating:
(1) The regulatory basis for the sanction;
(2) That the operator shall immediately implement the sanction;
(3) That the operator is entitled to a hearing before the Office
of Administrative Hearings within 7 calendar days of the provider’s request for
a hearing;
(4) That the Office of Administrative Hearings shall issue a
decision concerning the sanction within 7 calendar days of the hearing;
(5) That if the sanction is upheld, implementation of the
sanction at the child care home shall continue until it is determined that the
health, safety, or welfare of children in the facility is no longer threatened;
(6) That the sanction may lead to suspension or revocation of
the provider’s registration, if the Office determines that a provider has
violated a condition or requirement of the sanction; and
(7) That the provider may continue to provide child care, except
as limited by the sanction.
C. If unable to hand deliver a written notice to the provider,
the Office may send notice by regular and certified mail or by electronic mail,
read receipt requested, to the provider’s address on file.
13A.18.15 Administrative Hearings
Authority: Education Article, §§9.5-301—9.5-308, 9.5-310—9.5-312,
9.5-320, and 9.5-321; General Provisions Article, §4-333; Human Services
Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C.
9858 et seq.); Social Security Act §418 (42 U.S.C. 618)
.01 Scope.
A. This chapter applies to hearings concerning actions taken by the
Office of Child Care which adversely impact child care home registrations, such
as registration denials, revocations, and suspensions, reductions in capacity,
limitations on the ages or numbers of children who may be admitted to a child
care home, limitations on the spaces, rooms, or areas that may be used for
child care, restrictions on which individuals can be alone with children in
care pending open child protective services or criminal investigations, the
imposition of civil penalties for providing or advertising unregistered family
child care services without a valid large family child care certificate of
registration, and employment exclusions pursuant to COMAR 13A.18.06.03A or B [of
this subtitle].
B. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) Emergency Action.
(a) (text unchanged)
(b) “Emergency action” may include an emergency suspension, an
immediate reduction in capacity, an immediate limitation on the ages or numbers
of children who may be admitted to care, an immediate limitation on the
spaces, rooms, or areas that may be used for child care, an immediate
restriction on which individuals can be alone with children in care, or an
employment exclusion pursuant to [Chapter 06.03A or B of this subtitle]
COMAR 13A.18.06.03A or B.
(8)—(15) (text unchanged)
MOHAMMED CHOUDHURY
State Superintendent of Schools
Title 22
STATE RETIREMENT AND PENSION SYSTEM
Notice of Proposed Action
[23-198-P]
The Board of Trustees for the State Retirement and Pension System proposes
to amend:
(1) Regulation .02
under COMAR 22.01.14 Applications for Service Retirement;
(2) Regulation .02 under COMAR 22.07.01 General Provisions; and
(3) Regulation .01
under COMAR 22.07.02 Code Compliance.
This action was considered by the Board of Trustees for the State Retirement
and Pension System at an open meeting held on June 20, 2023, notice of which
was given by publication on the website for the Maryland State Retirement and
Pension System pursuant to General Provisions Article, §3-302(c), Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to provide a new definition in COMAR
22.01.14, concerning applications for service retirement, and in COMAR
22.07.01, concerning compliance with the Internal Revenue Code, to advise that
the required beginning date means the applicable date by which the distribution
of a plan benefit “must commence in accordance with the Internal Revenue Code,
26 U.S.C. §401(a)(9)(C).” By referencing the Internal Revenue Code and not
specifying the starting age, the proposed regulation in COMAR 22.07.02 allows
for compliance with any future changes to §401(a)(9)(C) without the need for a
further corresponding regulatory amendment.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Anne Gawthrop, Esq., Director, Legislative
Affairs, Maryland State Retirement Agency, State Retirement and Pension System,
120 E. Baltimore Street, Baltimore, MD 21202, or call 410-625-5602, or email to
agawthrop@sra.state.md.us. Comments will be accepted through November 6, 2023.
A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the Board of
Trustees for the State Retirement and Pension System during a public meeting to
be held on November 22, 2023, at 9:30 a.m., at 120 East Baltimore Street, 16th
Floor, Baltimore, MD 21202.
Subtitle 01 GENERAL REGULATIONS
22.01.14
Applications for Service Retirement
Authority: State
Personnel and Pensions Article, §21-110, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Required beginning date” means the applicable date by which the distribution of a service retirement
allowance must commence in accordance with the Internal Revenue Code, 26 U.S.C.
§401(a)(9)(C)[, which
is the April 1 of the calendar year that follows the calendar year in which the
former member attains age 70 1/2,
or separates from employment, whichever is later].
(3)—(4) (text unchanged)
Subtitle 07 COMPLIANCE WITH THE INTERNAL REVENUE CODE
22.07.01 General Provisions
Authority: State
Personnel and Pensions Article, §§21-110 and 21-603, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text
unchanged)
(6) “Required beginning date” means the applicable date by which
the distribution of a plan benefit must commence in accordance with the
Internal Revenue Code, 26 U.S.C. §401(a)(9)(C).
[(6)] (7) (text unchanged)
22.07.02 Code Compliance
Authority: State
Personnel and Pensions Article, §§21-110 and 21-603, Annotated Code of Maryland
.01 Compliance with the Internal Revenue Code, 26 U.S.C §401(a)(9)
for Required Minimum Distributions.
A. (text unchanged)
B. Each State system is subject to the following provisions:
(1) Distribution of a member's benefit shall begin by the required
beginning date[, which is the later of the April 1 following the
calendar year in which the member attains age 70-1/2 or April 1 of the year
following the calendar year in which the member retires];
(2)—(8) (text unchanged)
MARTIN NOVEN
Executive Director
Title 31
MARYLAND INSURANCE ADMINISTRATION
Subtitle 05 ASSETS, LIABILITIES,
RESERVES, AND INVESTMENTS OF INSURERS
31.05.08 Credit for
Reinsurance
Authority: Insurance Article, §§1-101(jj), 2-109, 2-205, 2-209, and
5-901—
5-917, Annotated Code of Maryland
Notice of Proposed Action
[23-212-P]
The Insurance Commissioner proposes to amend Regulation .28 under COMAR 31.05.08 Credit for Reinsurance.
Statement of Purpose
The purpose of this action is to amend COMAR 31.05.08 Credit for
Reinsurance to lessen the Commissioner’s authority to remove reciprocal
jurisdictions, in accordance with Insurance Article §5-917(b), Annotated Code
of Maryland. This action repeals the Commissioner’s authority to remove from
the list of reciprocal jurisdictions approved by the Commissioner a reciprocal
jurisdiction that is the subject of a covered agreement between the US and that
reciprocal jurisdiction.
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 Jessica Blackmon, Law Clerk, Maryland
Insurance Administration, 200 Saint Paul Place, Suite 2700 Baltimore, MD 21202,
or call 410-468-2019, or email to jessica.blackmon@maryland.gov. Comments will
be accepted through November 6, 2023. A public hearing has not been scheduled.
.28 Credit for Reinsurance — Reciprocal Jurisdictions.
A. — C. (text unchanged)
D. List of Reciprocal Jurisdictions
(1) — (2) (text unchanged)
(3) The Commissioner may remove a jurisdiction from the list of
reciprocal jurisdictions upon a determination that the jurisdiction no longer
meets one or more of the requirements of a reciprocal jurisdiction, as provided
by applicable law, regulation, or in accordance with a process published
through the NAIC Committee process, except that the Commissioner may not remove
from the list a reciprocal jurisdiction as defined under [§B] §B(1) and (2) of this regulation. Upon
removal of a reciprocal jurisdiction from this list, credit for reinsurance
ceded to an assuming insurer domiciled in that jurisdiction shall be allowed,
if otherwise allowed pursuant to Insurance Article, Title 5, Subtitle 9,
Annotated Code of Maryland.
E. — H. (text unchanged)
KATHLEEN A. BIRRANE
Insurance Commissioner
Special Documents
DEPARTMENT
OF THE ENVIRONMENT
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 22-WQC-0049
Town of Ocean City
301 Baltimore Avenue
Ocean City, MD 21842
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland
Department of the Environment is providing notice of its issuance of a Water Quality
Certification 22-WQC-0049
Location: Between 10th and 125th Streets, Ocean City, MD
21842
The purpose of
the project is to provide for deeper water for navigation.
Description of Authorized Work:
1. Maintenance dredge by mechanical method a 81,292 square foot
area to 4.0 feet mean low water and a 77,122.16 square foot area to 3.0 feet mean
low water(Canals 8, 18.A, 23); new dredge by mechanical method a 86,503.10 square
foot area to 6.0 feet mean low water and a 157,031.54 square foot area to 4.0 feet
mean low water (Canal 2), and a 739,754.69 square foot area to 4.0 feet mean low
water and a 781,312.33 square foot area to 3.0 feet mean low water (Canals 4, 22,
25, 27, 32, 33, 34A, 44B, 45, 48, 51, 52), and transport approximately
33,559 cubic yards of dredged material to an approved site at 12008 Saint Martins
Neck Road, Bishopville in Worcester County or Parcel 185 Friendship Road, Berlin
in Worcester County.
2. Provide for subsequent maintenance dredging for a period of
6 years.
The WQC and its
attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision.
This Water Quality Certification is a final agency decision. Any person aggrieved
by the Department’s decision to issue this WQC may appeal such decision in accordance
with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department
within 30 days of publication of the final decision and specify in writing the reason
why the final decision should be reconsidered. A request for appeal shall be submitted
to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington
Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Miles Simmons at robertm.simmons@maryland.gov or at 410-901-4044.
[23-20-28]
MARYLAND HEALTH CARE COMMISSION
SCHEDULE FOR CERTIFICATE OF ONGOING PERFORMANCE REVIEWS —
PERCUTANEOUS CORONARY INTERVENTION SERVICES
The Maryland
Health Care Commission provides the following schedule for the review of
applications for Certificates of Ongoing Performance of percutaneous coronary
intervention (PCI) services.
Applications must
be submitted no later than the published due date and will only be received and
reviewed in accordance with this published schedule. All applications, including the required number
of copies, must be received at the offices of the Maryland Health Care
Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215, no later than
4:30 p.m. on the scheduled date of submission.
For further information about the review schedules or procedures,
contact Eileen Fleck, Chief, Acute Care Policy and Planning, at eileen.fleck@maryland.gov
or 410-764-3287.
Percutaneous Coronary Intervention Services
|
Hospitals
|
Application
Submission Date
|
|
Carroll
Hospital Center
MedStar Union
Memorial Hospital
|
April 5, 2024
|
|
Sinai Hospital
TidalHealth Peninsula
Regional
University of Maryland
St. Joseph Medical Center
University of Maryland
Medical Center
|
June 7, 2024
|
Note: The
application submission dates for other hospitals’ PCI programs will be
published in a subsequent notice because the submission dates are over six
months away.
[23-20-34]
DEPARTMENT
OF STATE POLICE
HANDGUN ROSTER BOARD
Proposed Additions to Handgun Roster
and Notice of Right to Object or Petition
The following is a list of handguns that the
Handgun Roster Board proposes to add to the official handgun roster. These handguns
will be officially placed on the Handgun Roster if no timely objection is received
or if all timely objections are dismissed.
Under the Public Safety Article, §5-405, Annotated
Code of Maryland and COMAR 29.03.03.13 and .14, any person may object to the placement
of any of those handguns on the Handgun Roster. Objections must be filed within
30 days after October 6, 2023. In addition, any person may petition
for the placement of an additional handgun on the Handgun Roster. Forms for objections
or petitions may be obtained from: Rachel Rosenberg, Administrator, Handgun Roster
Board, 1201 Reisterstown Road, Baltimore, Maryland 21208 (Phone: 410-653-4247).
|
Make
|
Model
|
Caliber
|
Additional
Comments
|
|
CMMG, INC.
|
DISSENT MKGS
|
9 mm
|
Model addition
|
|
BOND ARMS
|
Honey B
|
22 LR, 380 ACP, 9 mm, 38 Spl
|
Model addition
|
|
GIRSAN (EAA)
|
MC 1911 S XLV
|
45 ACP
|
Model addition
|
|
ARMSCOR PHILIPPINES-ROCK ISLAND ARMORY (ARMSCOR PRECISION INTERNATIONAL)
|
M1911 A1 FS (GI STANDARD FS)
|
10 mm
|
Caliber addition
|
|
CBC (HERITAGE MFG.)
|
Settler Mare’s Leg
|
22 LR
|
|
|
STURM RUGER
|
LC Charger
|
5.7X28 mm
|
|
|
PALMETTO STATE ARMORY
|
Palmetto Dagger Micro
|
9 mm
|
Model addition
|
|
ISSC (Blue Line Solutions)
|
Raptor
|
22 LR
|
Model addition
|
|
WILSON COMBAT/SIG SAUER
|
WCP365X
|
9 mm
|
Model addition
|
|
MAGNUM RESEARCH
|
BFR
|
44 Mag
|
Caliber addition
|
|
MAGNUM RESEARCH
|
DESERT EAGLE MARK XIX
|
357 Mag
|
Caliber addition
|
|
STURM RUGER
|
REDHAWK
|
357 Mag, 45 ACP/45 LC
|
Caliber addition
|
|
CTE Firearms
|
CTE 15
|
5.56 NATO, 223 Rem
|
|
|
F. TANFOGLIO (ITALIAN FIREARMS GROUP)
|
Defiant Gold Match
|
10 mm, 9 mm, 45 ACP, 40 S&W, 38 SA
|
Model addition
|
|
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.)
|
TH45
|
45 ACP
|
Model addition
|
|
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.)
|
TH10
|
10 mm
|
Model addition
|
|
TAURUS S.A. FORJAS (TAURUS INTERNATIONAL INC.)
|
G3 C
|
40 S&W
|
Caliber addition
|
|
SIG SAUER/SIGARMS INC.
|
1911 Spartan
|
10 mm
|
Model addition
|
|
MYRL'S COUNTRY LLC
|
MC-15B
|
5.7X28 mm
|
Model addition
|
|
FOLDAR
|
FLDR15 MOBETTA Pistol
|
300 BLK
|
|
|
FN AMERICA LLC
|
Reflex
|
9 mm
|
|
|
SMITH & WESSON
|
M&P 22 Magnum
|
22 WMR
|
|
|
SPRINGFIELD ARMORY/INC. (HS PRODUKT)
|
Echelon
|
9 mm
|
|
|
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.)
|
Judge Home Defender
|
45 LC/410 Gauge
|
|
|
FN AMERICA LLC
|
Reflex MRD
|
9 mm
|
Model addition
|
|
CZ USA
|
P-10 F Competition-Ready
|
9 mm
|
Model addition
|
|
STURM RUGER
|
SR1911 GT25
|
10 mm
|
Model addition
|
|
BUL TRANSMARK, LTD. (BUL ARMORY USA, LLC)
|
SAS II TAC 5”
|
9 mm
|
Model addition
|
|
SPRINGFIELD ARMORY/INC.
|
1911 LOADED
|
9 mm
|
Caliber addition
|
|
HERITAGE MFG. CO.
|
BARKEEP
|
22 WMR
|
Caliber addition
|
|
EXTAR
|
EP45
|
45 ACP
|
Model addition
|
|
UTAS-USA
|
UT9-M Mini
|
9 mm
|
|
|
Gunsite Academy / Glock
|
Gunsite Glock Service Pistol 45 MOS
|
9 mm
|
Model addition
|
|
KIMBER
|
KDS9C
|
9 mm
|
|
|
Hill Country Handguns (JEM Enterprises)
|
Hunter
|
10 mm
|
|
|
Parkwest Arms
|
PWP9
|
9 mm
|
|
|
BOND ARMS
|
Cyclops
|
45-70 Gov't
|
|
|
SPRINGFIELD ARMORY/INC.
|
1911 VICKERS TACTICAL MASTER CLASS
|
45 ACP
|
|
|
BERSA
|
BAR-15
|
5.56 NATO
|
|
|
BRUGGER & THOMET (BRUGGER & THOMET USA)
|
APC9 SD
|
9 mm
|
|
|
STURM RUGER
|
GP100 MATCH CHAMPION
|
10 mm
|
Caliber addition
|
|
ZEV TECHNOLOGIES
|
OZ9 V2 ELITE
|
9 mm
|
Model addition
|
|
PARA-USA, INC & PARA-USA, LLC
|
DUCKS UNLIMITED 1911
|
9 mm
|
Caliber addition
|
|
GIRSAN (EAA)
|
Witness 2311
|
9 mm, 45 ACP, 10 mm
|
Model addition
|
|
GRAND POWER S.R.O. (GLOBAL ORDNANCE LLC)
|
LP380
|
380 ACP
|
Model addition
|
|
GRAND POWER S.R.O. (GLOBAL ORDNANCE LLC)
|
P380
|
380 ACP
|
Model addition
|
|
GRAND POWER S.R.O. (GLOBAL ORDNANCE LLC)
|
CP380
|
380 ACP
|
Model addition
|
|
F. LLI PIETTA (CIMARRON ARMS)
|
Angel Eyes 1858 Rem
|
45 LC
|
Model addition
|
|
DAN WESSON FIREARMS/CZ
|
DWX Compact
|
9 mm
|
Model addition
|
|
BERSA S.A. (TALON DISTRIBUTING, LLC)
|
Thunder 380 Combat Plus
|
380 ACP
|
Model addition
|
|
BERSA S.A. (TALON DISTRIBUTING, LLC)
|
Thunder 380 Plus
|
380 ACP
|
Model addition
|
|
SMITH & WESSON
|
Performance Center 627-5
|
357 Mag
|
Model addition
|
|
FN AMERICA LLC
|
545 MRD
|
45 ACP
|
Model addition
|
|
FN AMERICA LLC
|
510 MRD
|
10 mm
|
Model addition
|
|
ZASTAVA ARMS (ZASTAVA ARMS USA)
|
TOKAREV M57A
|
7.62X25 mm
|
Model addition
|
|
BERETTA (BERETTA USA)
|
Px4 Storm SD Type F
|
45 ACP
|
Model addition
|
|
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.)
|
1911
|
45 ACP
|
Model addition
|
|
NIGHTHAWK CUSTOM
|
1911 PRESIDENT
|
38 Super
|
Caliber addition
|
|
HI POINT FIREARMS
|
YC9
|
9 mm
|
Model addition
|
|
HI POINT FIREARMS
|
YC9 Yeet Cannon
|
9 mm
|
Model addition
|
|
CZ USA
|
CZ Shadow 2 Compact
|
9 mm
|
Model addition
|
|
KIMBER
|
K6XS
|
38 SPL+P
|
Model addition
|
|
GQ ARMORY
|
PALADIN 10 PISTOL
|
8.6 Blackout
|
|
|
BERSA
|
BAR-15
|
300 BLK
|
Caliber addition
|
|
BERSA
|
BAR-9
|
9 mm
|
Model addition
|
|
EXTAR
|
EP9 Gen 2
|
9 mm
|
Model addition
|
|
BUL ARMORY
|
AXE FS Hatchet
|
9 mm
|
Model addition
|
|
PALMETTO STATE ARMORY
|
AK-102
|
5.56 NATO
|
Model addition
|
|
S.A.M. (Global Defense)
|
Thunderbolt
|
45 ACP
|
|
|
TAURUS ARMAS (TAURUS INTERNATIONAL MFG.)
|
1911 Commander
|
45 ACP
|
Model addition
|
[23-20-10]
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.
