Capitol Building Maryland Register

Issue Date:  December 16, 2022

Volume 49 •  Issue 26  • Pages 1071 —1102

IN THIS ISSUE

Judiciary

Regulations

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before November 28, 2022 5 p.m.
 
Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of November 28, 2022.
 
Gail S. Klakring
Acting Administrator, Division of State Documents
Office of the Secretary of State

Seal

Information About the Maryland Register and COMAR

MARYLAND REGISTER

   The Maryland Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

   The Maryland Register is the temporary supplement to the Code of Maryland Regulations. Any change to the text of regulations published  in COMAR, whether by adoption, amendment, repeal, or emergency action, must first be published in the Register.

   The following information is also published regularly in the Register:

   • Governor’s Executive Orders

   • Attorney General’s Opinions in full text

   • Open Meetings Compliance Board Opinions in full text

   • State Ethics Commission Opinions in full text

   • Court Rules

   • District Court Administrative Memoranda

   • Courts of Appeal Hearing Calendars

   • Agency Hearing and Meeting Notices

   • Synopses of Bills Introduced and Enacted by the General Assembly

   • Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

   The Maryland Register is cited by volume, issue, page number, and date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue 8, pages 815—817 of the Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

   COMAR is the official compilation of all regulations issued by agencies of the State of Maryland. The Maryland Register is COMAR’s temporary supplement, printing all changes to regulations as soon as they occur. At least once annually, the changes to regulations printed in the Maryland Register are incorporated into COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

   COMAR regulations are cited by title number, subtitle number, chapter number, and regulation number. Example: COMAR 10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

   Incorporation by reference is a legal device by which a document is made part of COMAR simply by referring to it. While the text of an incorporated document does not appear in COMAR, the provisions of the incorporated document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is identified in the Maryland Register by an Editor’s Note. The Cumulative Table of COMAR Regulations Adopted, Amended or Repealed, found online, also identifies each regulation incorporating a document. Documents incorporated by reference are available for inspection in various depository libraries located throughout the State and at the Division of State Documents. These depositories are listed in the first issue of the Maryland Register published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives information about past changes to regulations. To determine if there have been any subsequent changes, check the ‘‘Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed’’ which is found online at http://www.dsd.state.md.us/PDF/CumulativeTable.pdf. This table lists the regulations in numerical order, by their COMAR number, followed by the citation to the Maryland Register in which the change occurred. The Maryland Register serves as a temporary supplement to COMAR, and the two publications must always be used together. A Research Guide for Maryland Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

   For subscription forms for the Maryland Register and COMAR, see the back pages of the Maryland Register. Single issues of the Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN
THE REGULATION-MAKING PROCESS

   Maryland citizens and other interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the process by which the validity and applicability of regulations is determined. Listed below are some of the ways in which citizens may participate (references are to State Government Article (SG),

Annotated Code of Maryland):

   • By submitting data or views on proposed regulations either orally or in writing, to the proposing agency (see ‘‘Opportunity for Public Comment’’ at the beginning of all regulations appearing in the Proposed Action on Regulations section of the Maryland Register). (See SG, §10-112)

   • By petitioning an agency to adopt, amend, or repeal regulations. The agency must respond to the petition. (See SG §10-123)

   • By petitioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by the agency applies. (SG, Title 10, Subtitle 3)

   • By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation interferes with or impairs the legal rights or privileges of the petitioner. (SG, §10-125)

   • By inspecting a certified copy of any document filed with the Division of State Documents for publication in the Maryland Register. (See SG, §7-213)

 

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland 21401. Tel. 410-260-3876. Published biweekly, with cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription rate for the Maryland Register is $225 per year (first class mail). All subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Elizabeth Ramsey, Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help Desk, COMAR and Maryland Register Online.

Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

 

     Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the buyer agrees that the purchase is for individual use only and will not sell or give the product to another individual or entity.

 

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the
Maryland Register ...................................................................  1074

 

COMAR Research Aids

Table of Pending Proposals .........................................................  1075

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources ...................................  1078

09        Maryland Department of Labor .............................  1078, 1083

10        Maryland Department of Health ......................................  1084

11        Department of Transportation ..........................................  1092

13A     State Board of Education .................................................  1093

14        Independent Agencies .....................................................  1080

20        Public Service Commission .............................................  1095

26        Department of the Environment ......................................  1080

29        Department of State Police ....................................  1081, 1082

31        Maryland Insurance Administration ................................  1081

 

PERSONS WITH DISABILITIES

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

 

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................  1077

 

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Oysters .  1078

09  MARYLAND DEPARTMENT OF LABOR

COMMISSIONER OF FINANCIAL REGULATION

Foreclosure Procedures for Residential Property .  1078

UNEMPLOYMENT INSURANCE

Reconsideration of Unemployment Insurance Overpayment
   Recovery and Waiver Request  1079

14  INDEPENDENT AGENCIES

ALCOHOL AND TOBACCO COMMISSION

Alcoholic Beverages ................................................................  1080

Maryland Cigarette Sales Below Cost Act  1080

Beer Franchises and Local Alcoholic Beverage
   Reporting .  1080

Alcoholic Beverage Trade Practices ........................................  1080

Fire Safety Performance Standard for Cigarettes ....................  1080

MARYLAND HEALTH BENEFIT EXCHANGE

State-Based Young Adult Health Insurance Subsidies
   Program ..  1080

26 DEPARTMENT OF ENVIRONMENT

REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL,
   SOLID WASTE, AND RECYCLABLE MATERIALS

Food Residuals — Organics Recycling and Waste
   Diversion .  1080

29 MARYLAND STATE POLICE

LICENSING AND PERMITS

Special Police Commission .  1081

31 MARYLAND INSURANCE ADMINISTRATION

HEALTH INSURANCE—GENERAL

Pharmacy Services Administrative Organizations .  1081

Filing of PSAO Contracts and Amendments ...........................  1081

 

Withdrawal of Regulations

29 MARYLAND STATE POLICE

FIRE PREVENTION COMMISSION

Fire Prevention Code .  1082

 

Proposed Action on Regulations

09  MARYLAND DEPARTMENT OF LABOR

WORKFORCE DEVELOPMENT AND ADULT LEARNING

Maryland New Start Grant Program ..  1083

10  MARYLAND DEPARTMENT OF HEALTH

BOARD OF EXAMINERS IN OPTOMETRY

Telehealth .  1084

BOARD OF PODIATRIC MEDICAL EXAMINERS

Telehealth .................................................................................  1085

BOARD OF EXAMINERS FOR AUDIOLOGISTS,
   HEARING    AID DISPENSERS, SPEECH-LANGUAGE
   PATHOLOGISTS, AND MUSIC THERAPISTS

Telehealth .  1087

BOARD OF SOCIAL WORK EXAMINERS

Teletherapy .  1088

BOARD OF PROFESSIONAL COUNSELORS AND
   THERAPISTS

Teletherapy ...............................................................................  1090

Behavior Analyst Advisory Committee ...................................  1090

11  DEPARTMENT OF TRANSPORTATION

TRANSPORTATION SERVICE HUMAN RESOURCES
   SYSTEM

Medical Examinations and Evaluations ...................................  1092

13A STATE BOARD OF EDUCATION

GENERAL INSTRUCTIONAL PROGRAMS

Administration of Home and Hospital Teaching for
   Students .  1093

SUPPORTING PROGRAMS

Purple Star Schools Program ...................................................  1093

STUDENTS

General Regulations .  1095

20  PUBLIC SERVICE COMMISSION

SERVICE SUPPLIED BY ELECTRIC COMPANIES

Small Generator Facility Interconnection Standards .  1095

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit —
   Prince George’s County, Maryland — No. 20-DP-3314,
   NPDES No. MD 0068284
.  1098

Water Quality Certification 22-WQC-0044 .........................  1098

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL OCCUPANCY RATES BY
   JURISDICTION AND FACILITY — SPECIAL
   CHRONIC HOSPITAL BEDS — MARYLAND, FISCAL
   YEARS 2020 — 2022
..................................................  1099

USE OF SPECIAL CHRONIC HOSPITAL BEDS:
   MARYLAND, FY 2022
..............................................  1100

 

General Notices

MARYLAND HEALTH CARE COMMISSION

Formal Start of Review ............................................................  1101

NORTHEAST MARYLAND WASTE DISPOSAL
   AUTHORITY

Public Meetings Notice Procedure ...........................................  1101

 

 

COMAR Online

        The Code of Maryland Regulations is available at www.dsd.state.md.us as a free service of the Office of the Secretary of State, Division of State Documents. The full text of regulations is available and searchable. Note, however, that the printed COMAR continues to be the only official and enforceable version of COMAR.

        The Maryland Register is also available at www.dsd.state.md.us.

        For additional information, visit www.dsd.maryland.gov, Division of State Documents, or call us at (410) 974-2486 or 1 (800) 633-9657.

 

Availability of Monthly List of
Maryland Documents

        The Maryland Department of Legislative Services receives copies of all publications issued by State officers and agencies. The Department prepares and distributes, for a fee, a list of these publications under the title ‘‘Maryland Documents’’. This list is published monthly, and contains bibliographic information concerning regular and special reports, bulletins, serials, periodicals, catalogues, and a variety of other State publications. ‘‘Maryland Documents’’ also includes local publications.

        Anyone wishing to receive ‘‘Maryland Documents’’ should write to: Legislative Sales, Maryland Department of Legislative Services, 90 State Circle, Annapolis, MD 21401.

 

CLOSING DATES AND ISSUE DATES THROUGH
JANUARY 2023

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2022

December 30

December 12

December 19

December 21

2023

January 13

December 23**

December 30**

January 4

January 27

January 9

January 13**

January 18

 

   Please note that this table is provided for planning purposes and that the Division of State Documents (DSD) cannot guarantee submissions will be published in an agency’s desired issue. Although DSD strives to publish according to the schedule above, there may be times when workload pressures prevent adherence to it.

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

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

** Note closing date changes.

***    Note issue date changes.

The regular closing date for Proposals and Emergencies is Monday.

 

RegCodificationSystem
Cumulative Table of COMAR Regulations
Adopted, Amended, or Repealed

   This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR). The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals

   The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by “(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

 

03 COMPTROLLER OF THE TREASURY

 

03.02.01.03—.07,.09,.11—.22 • 49:21 Md. R. 954 (10-7-22)

03.02.03.01—.08 • 49:21 Md. R. 954 (10-7-22)

03.02.05.01—.12 • 49:21 Md. R. 954 (10-7-22)

03.02.06.01—.05 • 49:21 Md. R. 954 (10-7-22)

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.20.05.01—.12 • 49:25 Md. R. 1054 (12-2-22)

 

07 DEPARTMENT OF HUMAN SERVICES

 

07.02.01.10 • 49:9 Md. R. 532 (4-22-22)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.03.03.01 • 49:22 Md. R. 981 (10-21-22)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.09.03.03 • 49:25 Md. R. 1057 (12-2-22)

09.12.32.01—06 • 49:21 Md. R. 953 (10-7-22)

09.32.12.01—.05 • 49:17 Md. R. 798 (8-12-22)

09.37.05.01—.08 • 49:26 Md. R. 1083 (12-16-22)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.31.01,.03—.06 • 49:22 Md. R. 982 (10-21-22)

10.09.41.04,.07 • 49:16 Md. R. 762 (7-29-22)

10.09.49.03—.10 • 49:24 Md. R. 1028 (11-18-22)

10.09.95.05 • 49:23 Md. R. 999 (11-4-22)

10.09.96.01,.02,.05,.06 • 49:24 Md. R. 1028 (11-18-22)

 

          Subtitles 10—22 (3rd volume)

 

10.21.01.04,.08 • 49:23 Md. R. 1000 (11-4-22)

 

     Subtitles 23—36 (4th volume)

 

10.25.17.01—.05 • 49:19 Md. R. 876 (9-9-22)

10.25.19.02—.04,.07,.08 • 49:20 Md. R. 916 (9-23-22)

10.28.01.01—.06 • 49:26 Md. R. 1084 (12-16-22)

10.32.01.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.03 • 49:16 Md. R. 768 (7-29-22)

10.32.02.10 • 49:16 Md. R. 769 (7-29-22)

 

     Subtitles 37—52 (5th volume)

 

10.37.10.26 • 49:18 Md. R. 822 (8-26-22)

10.40.12.01—.06 • 49:26 Md. R. 1085 (12-16-22)

10.41.06.01—.06 • 49:26 Md. R. 1087 (12-16-22)

10.42.10.01—.06 • 49:26 Md. R. 1088 (12-16-22)

 

     Subtitles 53—68 (6th volume)

 

10.58.06.01—.06 • 49:26 Md. R. 1090 (12-16-22)

10.58.16.02,.13—.19 • 49:26 Md. R. 1090 (12-16-22)

10.67.06.26-6 • 49:22 Md. R. 982 (10-21-22)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 01—10

 

11.02.06.01,.02 • 49:26 Md. R. 1092 (12-16-22)

11.03.01.01,.04 • 49:25 Md. R. 1057 (12-2-22)

11.07.07.02,.06,.09 • 49:23 Md. R. 1001 (11-4-22)

 

     Subtitles 11—23 (MVA)

 

11.14.08.01—.20 • 49:19 Md. R. 787 (9-9-22)

            49:20 Md. R. 918 (9-23-22) (corr)

11.17.09.08 • 49:24 Md. R. 1031 (11-18-22)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.04.09.01—.07 • 49:23 Md. R. 1002 (11-4-22)

12.04.10.01—.05 • 49:23 Md. R. 1005 (11-4-22)

 

13A STATE BOARD OF EDUCATION

 

13A.03.02.02,.04,.06,.07,.09,.09-1 • 49:9 Md. R. 533 (4-22-22)

13A.03.05.02—.04 • 49:26 Md. R. 1093 (12-16-22)

13A.06.10.01—.05 • 49:26 Md. R. 1093 (12-16-22)

13A.07.06.01—.15 • 49:1 Md. R. 39 (1-3-22) (ibr)

13A.07.14.03 • 48:25 Md. R. 1091 (12-3-21) (err)

13A.08.01.01 • 49:26 Md. R. 1095 (12-16-22)

13A.12.01.01—.14 • 49:2 Md. R. 92 (1-14-22)

13A.12.02.01—.29 • 49:2 Md. R. 92 (1-14-22)

13A.12.03.01—.12 • 49:2 Md. R. 92 (1-14-22)

13A.12.04.01—.16 • 49:2 Md. R. 92 (1-14-22)

13A.12.05.01—.15 • 49:2 Md. R. 92 (1-14-22)

13A.12.06.01—.09 • 49:2 Md. R. 92 (1-14-22)

13A.12.07.01—.08 • 49:2 Md. R. 92 (1-14-22)

13A.15.01.02 • 49:24 Md. R. 1032 (11-18-22)

13A.15.04.03 • 49:24 Md. R. 1032 (11-18-22)

13A.15.13.01—.10 • 49:24 Md. R. 1032 (11-18-22)

13A.15.14.01—.09 • 49:24 Md. R. 1032 (11-18-22)

13A.15.15.01—.08 • 49:24 Md. R. 1032 (11-18-22)

13A.15.16.01—.04 • 49:24 Md. R. 1032 (11-18-22)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.01.02 • 49:16 Md. R. 772 (7-29-22)

13B.08.13.03 • 49:17 Md. R. 802 (8-12-22)

13B.08.14.02,.06,.07 • 49:17 Md. R. 803 (8-12-22)

 

14 INDEPENDENT AGENCIES

 

14.04.09.01—.04 • 49:9 Md. R. 536 (4-22-22)

14.22.01.03 • 49:23 Md. R. 1010 (11-4-22)

14.39.02.06 • 49:23 Md. R. 1011 (11-4-22)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.03.01.02 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.03.02.01 • 49:18 Md. R. 832 (8-26-22) (ibr)

15.14.10.02,.05 • 49:20 Md. R. 920 (9-23-22)

15.14.16.02—.04 • 49:20 Md. R. 921 (9-23-22)

 

20 PUBLIC SERVICE COMMISSION

 

20.50.02.02 • 49:25 Md. R. 1058 (12-2-22) (ibr)

20.50.09.01,.06,.14 • 49:26 Md. R. 1095 (12-16-22)

 

22 STATE RETIREMENT AND PENSION SYSTEM

 

22.03.04.01—.11 • 49:25 Md. R. 1059 (12-2-22)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.11.18.05 • 49:20 Md. R. 927 (9-23-22)

26.11.20.02 • 49:20 Md. R. 927 (9-23-22)

 

27 CRITICAL AREA COMMISSION FOR THE CHESAPEAKE AND ATLANTIC COASTAL BAYS

 

27.01.01.01 • 49:25 Md. R. 1062 (12-2-22)

27.01.02.06-1,.06-3 • 49:25 Md. R. 1062 (12-2-22)

27.01.04.01,.01-1,.02,.03 • 49:25 Md. R. 1062 (12-2-22)

27.01.09.01,.01-2,.01-3 • 49:25 Md. R. 1062 (12-2-22)

27.01.14.06 • 49:25 Md. R. 1062 (12-2-22)

27.02.01.01 • 49:25 Md. R. 1062 (12-2-22)

27.02.05.05,.15-3 • 49:25 Md. R. 1062 (12-2-22)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.02.01 • 49:19 Md. R. 896 (9-9-22) (ibr)

 

33 STATE BOARD OF ELECTIONS

 

33.01.07.01—.06 • 49:9 Md. R. 537 (4-22-22)

33.11.04.04 • 49:25 Md. R. 1065 (12-2-22)

 

The Judiciary


 

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of this Court dated November 18, 2022, JEFFREY LAWSON (CPF# 0404010001), As of December 5, 2022, Jeffrey Lawson’s name has been replaced on the register of attorneys permitted to practice law in the Court of Appeals of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[22-26-02]

 

Final Action on Regulations

 

Symbol Key

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

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

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

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

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

 

 

Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.04 Oysters

Authority:  Natural Resources Article, §4-1015(a), Annotated Code of Maryland

Notice of Final Action

[22-115-F]

On November 28, 2022, the Secretary of Natural Resources adopted amendments to Regulation .11 under COMAR 08.02.04 Oysters. This action which was proposed for adoption in 49:15 Md. R. 742—743 (July 15, 2022) has been adopted as proposed.

Effective Date: December 26, 2022.

JEANNIE HADDAWAY-RICCIO

Secretary of Natural Resources

 

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 03 COMMISSIONER OF FINANCIAL REGULATION

09.03.12 Foreclosure Procedures for Residential Property

Authority: Financial Institutions Article, §2-105.1; Real Property Article, §§7-105.1, 7-105.13, and 7-105.18; Annotated Code of Maryland

Notice of Final Action

[22-015-F]

On July 22, 2022, the Commissioner of Financial Regulation adopted amendments to existing Regulations .01 and .02, amendments to and the recodification of existing Regulations .03, .04, .05, .08, .09, and .10 to be Regulations .05, .06, .08, .07, .04, and .09, respectively, the recodification of existing Regulations .06 and .07 to be Regulations .03 and .10, respectively, and new Regulations .13 and .14 under COMAR 09.03.12 Foreclosure Procedures for Residential Property. This action, which was proposed for adoption in 49:2 Md. R. 81—85 (January 14, 2022), has been adopted with the nonsubstantive changes shown below.

Effective Date: March 1, 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:

As a general matter, these changes do not substantively affect the benefits or burdens of any party subject to the Regulations.  Rather, the changes provide additional clarity by: moving language within the proposed text to better suited locations; restating certain language to better highlight an applicable timeframe for borrowers and removing unnecessary language.

Regulation .09 I: In response to comments received, Regulation .09 I is eliminated with the language contained in Regulation .09 I moved to Regulation .04 F and .08 C. This change and the two which immediately follow relate to the same comment. The proposed text of Regulation .09 I imposed a duty of good faith and fair dealing on the secured party and its representatives in any foreclosure mediation. A commenter suggested this duty should be moved to those Regulations expressly addressing mediation.  The Final Rule moves the language from the proposed text of Regulation .09 I to Regulation .04 F, which addresses prefile mediation, and Regulation .08 C, which addresses post file mediation.  Other than specifying either prefile or postfile mediation, the Final Rule moved identical language from the proposed text. As such, the Final Rule does not alter the burden or benefit of any party.

Regulation .04 F: As indicated above, in response to comments received, this section is added to contain language moved from Regulation .09 I, with additional language added to refer to prefile mediation. 

Regulation .08 C: As indicated above, in response to comments received, this section is added to contain language moved from Regulation .09 I, with additional language added to refer to postfile mediation. 

Regulation .09 H(1)(d): In response to comments received, Regulation .09 H(1)(d) of the proposed text is eliminated from the Final Rule as unnecessary. Regulation .09 H specified the report of mediation (Report) the Office of Administrative Hearing (OAH) must file with the Court pursuant to applicable law must include three mandatory items listed in paragraphs (a)-(c) and could include one item within the OAH’s discretion listed in paragraph (d). The Final Rule eliminates paragraph (d).  Elimination of Regulation .09 H(1)(d) from the Final Rule does not limit what the OAH may include in the Report nor prohibit the OAH from including any information the OAH deems relevant.  Further, neither consumers nor secured parties possessed any ability under the proposed text to compel or even request the OAH to include additional information in the Report. For these reasons, elimination of (d) does not alter the burden or benefit of any party.

Regulation .09 H(3): In response to comments received, the Final Rule eliminates language recognizing the Court’s ability to deem all or any portion of the Report as not privileged. Specifically, the proposed text stated the content of the Report is privileged and added “unless the court deems all, or any portion thereof, otherwise.” Because this language simply noted the Court’s ability to override the privilege, it is eliminated as unnecessary. The elimination of this language does not impact the Court’s ability to override the privilege and therefore does not alter the burden or benefit of any party.

Appendix F: In response to comments received, the Final Rule makes two changes to Appendix F. First, the proposed text of Appendix F allowed a borrower to supply its preferred contact information but included this language at the bottom of the page. The Final Rule moves this language to the top of the page to make it more visible to the borrower.  As this change simply moves existing language, it does not alter the burden or benefit of any party. Second, Appendix F listed the website address for Maryland Homeowner Assistance in 2 places. This website address has changed and the Final Rule revises Appendix F to substitute the new website address in the 2 places where this website address appears. This change corrects outdated information and does not alter the benefit or burden of any party.

Appendix OAH-1 and Appendix OAH-2: In response to comments received, identical language contained in the proposed text of Appendix OAH-1 and OAH-2 is changed to better highlight the timeframe in which a borrower may request a correspondence log in the mediation process.  Specifically, the proposed text for each Appendix stated: “Correspondence log from the time the loan went into default until the date of submission, if requested by the borrower prior to the document submission deadline.” The Final Rule revises this language on both Appendix OAH-1 and OAH-2 to state: “Correspondence log from the time the loan went into default until the date of submission, if requested by the borrower. NOTE: If the borrower requests the correspondence log, their request must be made to the servicer prior to the document submission deadline.” This change simply rewords the proposed text without any change in meaning to better highlight the time frame in which a borrower may request the correspondence log. As such, it does not alter the benefit or burden of either party.

 

Note: Any appendices referenced in this chapter that have been amended since the publication of the proposed action appear at the end of the Final Action on Regulations section of this issue.

.04 Prefile Mediation Process.

A.—E. (proposed text unchanged)

F. Good Faith and Fair Dealing. The secured party, or any representative of the secured party, has a duty of good faith and fair dealing in its participation at a prefile foreclosure mediation, including, but not limited to:

(1) Providing the borrower with an accurate accounting of the debt owed;

(2) Making the borrower aware of all loss mitigation options and services offered by the secured party; and

(3) Pursuing loss mitigation when reasonably possible.

.08 Postfile Foreclosure Mediation.

A.—B. (proposed text unchanged)

C. Good Faith and Fair Dealing. The secured party, or any representative of the secured party, has a duty of good faith and fair dealing in its participation at a postfile foreclosure mediation, including, but not limited to:

(1) Providing the borrower with an accurate accounting of the debt owed;

(2) Making the borrower aware of all loss mitigation options and services offered by the secured party; and

(3) Pursuing loss mitigation when reasonably possible.

.09 Office of Administrative Hearings.

A.—G. (proposed text unchanged)

H. Mediation Outcome.

(1) Pursuant to the time frame provided for in Real Property Article, §7-105.1(l)(4), Annotated Code of Maryland, the Office of Administrative Hearings shall file a report with the court that states the outcome of the request for foreclosure mediation that will include:

(a) (proposed text unchanged)

(b) If applicable, a copy of the mediation checklist as provided for in this regulation; and

(c) If applicable, the documented postfile mediation agreement term sheet provided for in §G of this regulation[[; and]].

[[(d) Any other information deemed relevant by the Office of Administrative Hearings.]]

(2) (proposed text unchanged)

(3) The contents of the report filed by the Office of Administrative Hearings pursuant to Real Property Article, §7-105.1(l)(4), Annotated Code of Maryland, shall be privileged [[unless the court deems all, or any portion thereof, otherwise.]]

[[I. Good Faith and Fair Dealing. The secured party, or any representative of the secured party, has a duty of good faith and fair dealing in its participation at a foreclosure mediation, including, but not limited to:

(1) Providing the borrower with an accurate accounting of the debt owed;

(2) Making the borrower aware of all loss mitigation options and services offered by the secured party; and

(3) Pursuing loss mitigation when reasonably possible.]]

ANTONIO P. SALAZAR
Commissioner of Financial Regulation

 

Subtitle 32 UNEMPLOYMENT INSURANCE

09.32.07 Reconsideration of Unemployment Insurance Overpayment Recovery and Waiver Request

Authority: Labor and Employment Article, §§8-305 and 8-809, Annotated Code of Maryland

Notice of Final Action

[22-130-F]

On December 5, 2022, the Secretary of Labor adopted amendments to Regulations .02—.04 and .08 under COMAR 09.32.07 Reconsideration of Unemployment Insurance Overpayment Recovery and Waiver Request. This action, which was proposed for adoption in 49:17 Md. R. 798 (August 12, 2022), has been adopted as proposed.

Effective Date: December 26, 2022.

TIFFANY P. ROBINSON
Secretary of Labor

 

Title 14
INDEPENDENT AGENCIES

Subtitle 23 ALCOHOL AND TOBACCO COMMISSION

Notice of Final Action

[22-185-F]

On November 23, 2022, the Executive Director of the Alcohol and Tobacco Commission adopted under a new subtitle, Subtitle 23 Alcohol and Tobacco Commission:

(1) Amendments to and the recodification of existing Regulations .03, .04, .11—.13, .15.20, .22, and .05 under COMAR 03.02.01 Alcoholic Beverages to be Regulations .02, .03, .07—.09, .11—.16, .18, and .19 under a new chapter, COMAR 14.23.01 Alcoholic Beverages, respectively; the recodification of existing Regulations .06, .07, .09, .14, and .21 under COMAR 03.02.01 to be Regulations .04, .05, .06, .10, and .17 under COMAR 14.23.01, respectively; and new Regulation .01 under COMAR 14.23.01;

(2) Amendments to and the recodification of existing Regulations .02, .07, and .08 under COMAR 03.02.03 Maryland Cigarette Sales Below Cost Act to be Regulations .03, .08, and .09 under a new chapter, COMAR 14.23.02 Maryland Cigarette Sales Below Cost Act, respectively; the recodification of existing Regulations .01 and .03—.06 under COMAR 03.02.03 to be Regulations .02 and .04—.07 under COMAR 14.23.02, respectively; and new Regulation .01 under COMAR 14.23.02;

(3) New Regulations .01 and .02 under a new chapter, COMAR 14.23.03 Beer Franchises and Local Alcoholic Beverage Reporting;

(4) Amendments to and the recodification of existing Regulations .01, .03, .05, and .07—.12 under COMAR 03.02.05 Alcoholic Beverage Trade Practices to be Regulations .01, .03, .05, .07—.12 under COMAR 14.23.04 Alcoholic Beverage Trade Practices, respectively; and the recodification of existing Regulations .02, .04, and .06 under COMAR 03.02.05 to be Regulations .02, .04, and .06 under COMAR 14.23.04, respectively; and

(5) Amendments to and the recodification of Regulations .01 and .03—.05 under COMAR 03.02.06 Fire Safety Performance Standard for Cigarettes to be Regulations .01 and .03—.05 under COMAR 14.23.05 Fire Safety Performance Standard for Cigarettes, respectively, and the recodification of Regulation .02 under COMAR 03.02.06 to be Regulation .02 under COMAR 14.23.05.

This action, which was proposed for adoption in 49:21 Md. R. 954—963 (October 7, 2022), has been adopted as proposed.

Effective Date: December 26, 2022.

JEFFREY A. KELLY
Executive Director
Alcohol and Tobacco Commission

 


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

[22-143-F]

On November 21, 2022, the Maryland Health Benefit Exchange adopted amendments to Regulation .04 under COMAR 14.35.19 State-Based Young Adult Health Insurance Subsidies Program. This action which was proposed for adoption in 49:18 Md. R. 831 (August 26, 2022) has been adopted as proposed.

Effective Date: December 26, 2022.

MICHELE S. EBERLE
Executive Director

 

 

Title 26
DEPARTMENT OF ENVIRONMENT

Subtitle 04 REGULATION OF WATER SUPPLY, SEWAGE DISPOSAL, SOLID WASTE, AND RECYCLABLE MATERIALS

26.04.13 Food Residuals — Organics Recycling and Waste Diversion

Authority: Environment Article, §§1-101, 9-201, 9-1701, 9-1702, and
9-1724.1, Annotated Code of Maryland

Notice of Final Action

[22-184-F]

On December 6, 2022, the Secretary of the Environment adopted new Regulations .01—.05 under a new chapter, COMAR 26.04.13 Food Residuals — Organics Recycling and Waste Diversion. This action, which was proposed for adoption in 49:20 Md. R. 923—927 (September 23, 2022), has been adopted with the nonsubstantive changes shown below.

Effective Date: December 26, 2022.

Attorney General’s Certification

Regulation .03E(1): In response to comments received, to clarify that the types of documentation the Department may request from a person subject to the food residuals diversion requirements of the regulation include, in addition to the specific items identified, any other information the Department deems necessary.

.03 Food Residuals Diversion Requirement.

A.—D. (proposed text unchanged)


E. Documentation.

(1) In order to administer and enforce the food residuals diversion requirements of this regulation, the Department may request that a person subject to the food residuals diversion requirements under §B of this regulation provide documentation of:

(a) (proposed text unchanged)

(b) Any correspondence between the person and an organics recycling facility located within a 30-mile radius of the person demonstrating the organics recycling facility’s willingness to accept all of the person’s food residuals or enter into a contract to accept and process all of the person’s food residuals; [[and]]

(c) Any correspondence from an organics recycling facility located within a 30-mile radius of the person that the organics recycling facility is unable or unwilling to enter a contract with a person and accept and process all of the person’s food residuals[[.]]; and

(d) Any other information the Department deems necessary.

(2) (proposed text unchanged)

HORACIO TABLADA
Secretary of the Environment

 

Title 29
MARYLAND STATE POLICE

Subtitle 04 LICENSING AND PERMITS

29.04.02 Special Police Commission

Authority: Public Safety Article, §§3-301—3-316, Annotated Code of Maryland.

Notice of Final Action

[22-093-F]

On August 29, 2022, the Secretary of the Department of State Police adopted the repeal of existing Regulations .01—.03 and new Regulations .01—.13 under COMAR 29.04.02 Special Police Commission. This action, which was proposed for adoption in 49:10 Md. R. 584—588 (May 6, 2022), has been adopted as proposed.

Effective Date: December 26, 2022.

WOODROW W. JONES III
Secretary of State Police

 


Title 31
MARYLAND INSURANCE ADMINISTRATION

Subtitle 10 HEALTH INSURANCE—GENERAL

Notice of Final Action

[21-200-F]

On December 1, 2022, the Insurance Commissioner adopted:

(1) New Regulations .01—.05 under a new chapter, COMAR 31.10.49 Pharmacy Services Administrative Organizations; and

(2) New Regulations .01—.05 under a new chapter, COMAR 31.10.50 Filing of PSAO Contracts and Amendments.

This action which was proposed for adoption in 48:26 Md. R. 1156—1159 (December 17, 2021) and reproposed for adoption in 49:21 Md. R. 964—965 (October 7, 2022), has been adopted as reproposed.

Effective Date: December 26, 2022.

KATHLEEN A. BIRRANE
Insurance Commissioner

 


Withdrawal of Regulations



 

Title 29
MARYLAND STATE POLICE

Subtitle 06 FIRE PREVENTION COMMISSION

29.06.01 Fire Prevention Code

Authority: Public Safety Article, §§6-206 and 6-501, Annotated Code of Maryland

Notice of Withdrawal

[22-092-W-I]

The Secretary of the Department of State Police withdraws the proposal to amend Regulations .02 and .06—.09 under COMAR 29.06.01 Fire Prevention Code, as published in 49:10 Md. R. 588—592 (May 6, 2022). The amendments will be resubmitted as a new proposal in a future issue.

WOODROW W. JONES III
Secretary of State Police

 

 


Proposed Action on Regulations

 

 



Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 37 WORKFORCE DEVELOPMENT AND ADULT LEARNING

09.37.05 Maryland New Start Grant Program

Authority: Labor and Employment Article, §11-606, Annotated Code of Maryland

Notice of Proposed Action

[22-204-P]

The Division of Workforce Development and Adult Learning proposes to adopt new Regulations .01—.08 under a new chapter, COMAR 09.37.05 Maryland New Start Grant Program.

Statement of Purpose

The purpose of this action is to define the requirements of the Maryland New Start Grant Program.

Estimate of Economic Impact

I. Summary of Economic Impact. Organizations with entrepreneurship development programs that support covered individuals can apply for a maximum of $60,000 in a fiscal year for the Maryland New Start Grant Program.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency

NONE

 

B. On other State agencies:

NONE

C. On local governments:

NONE

 

 

Benefit (+)
Cost (-)

Magnitude

 


D. On regulated industries or trade groups:

NONE

E. On other industries or trade groups:

+

Up to $200,000

F. Direct and indirect effects on public:

NONE

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

E. Organizations with entrepreneurship development programs that support covered individuals can apply for a maximum of $60,000 in a fiscal year for the Maryland New Start Grant Program.

Economic Impact on Small Businesses

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

The Maryland New Start Grant Program is designed to support covered individuals through entrepreneurship development so they are prepared to start their own small businesses. This funding will provide covered individuals with an opportunity they may not have otherwise had, and may result in an increased number of total small businesses that exist throughout the State.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Dylan McDonough, Policy Analyst, Division of Workforce Development and Adult Learning, 1100 N Eutaw Street, Baltimore, MD 21202, or call 410-767-1890, or email to Dylan.mcdonough@maryland.gov or fax to 410-333-5162. Comments will be accepted through January 17, 2023. A public hearing has not been scheduled.

 

.01 Purpose.

These regulations prescribe the policies, procedures, and authorizations for administering the Maryland New Start Grant Program.

.02 Definitions.

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

B. Terms Defined.

(1) "Act" means Labor and Employment Article, §11-606, Annotated Code of Maryland.

(2) "Department" means the Department of Labor.

(3) “Division” means the Division of Workforce Development and Adult Learning.

(4) “Grant” means an award under the terms of this chapter.

(5) “Grantee” means an organization to whom an award is made under the terms of this chapter.

(6) “Program” means the Maryland New Start Grant Program.

(7) “Secretary” means the Secretary of Labor.

.03 Eligible Grantees.

Eligible grantees shall meet the following requirements to qualify for a grant:

A. Have all requisite legal capacity and due authority to enter into the grant;

B. Satisfy all legal requirements to operate in the State; and

C. Meet the performance standards of the Department, as follows:

(1) Not have defaulted on a prior grant or loan from the Department; and

(2) Not be currently barred or suspended from any of the Department's programs.

.04 Proposal and Review Procedures.

A. The Department shall ensure that the Program guidelines, information and application forms are publicly available on the Department’s website and at its physical locations.

B. Grant Proposal. The Department shall provide guidelines and detailed instructions for submitting a proposal for the Department’s consideration. Each proposal shall include:

(1) The information required by Labor and Employment Article, §11-606(d)(2)(iii), Annotated Code of Maryland;

(2) A description of the entrepreneurship development program as described in Labor and Employment Article, §11-606(d)(3), Annotated Code of Maryland;

(3) An explanation of how the requirement of matching funds required by Labor and Employment Article, §11-606(e), Annotated Code of Maryland, will be satisfied; and

(4) Any other information the Secretary requires related to the Program.

C. Review Procedures.

(1) Upon receipt of the grant proposal and any required documentation, the Department shall review each application to determine whether an applicant will be awarded a grant.

(2) The Secretary may delegate to the Assistant Secretary of the Division or an employee of the Department the authority to review grant proposals and supporting documentation.

.05 Grant Agreement.

Upon approval of a grant proposal by the Department, the applicant, on a Departmental form, shall execute a grant agreement. The grant agreement shall at least require an applicant to meet the following obligations:

A. Establish and operate the project according to the project description;

B. Maintain and provide records and reports as required by Labor and Employment Article, §11-606(g), Annotated Code of Maryland, to the Department; and

C. Use grant funds for only those activities provided in the approved project proposal.

.06 Grant Monitoring.

The Department may monitor grants and disbursement of grant funds to ensure that grant funds are properly disbursed by a grantee.

.07 Retention of Grant Records.

A. Grantees shall retain and maintain all records regarding the application for at least 3 years after the final disbursement of grant funds.

B. The records shall be open to the inspections of representatives of the Department during reasonable working hours.

.08 Expiration of the Program.

This chapter remains in effect until the earlier of:

A. The date that funding for the Program ceases to be available; or

B. June 30, 2029.

TIFFANY P. ROBINSON
Secretary of Labor

 

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 28 BOARD OF EXAMINERS IN OPTOMETRY

10.28.01 Telehealth

Authority: Health Occupations Article, §§1-1001—1-1006, Annotated Code of Maryland

Notice of Proposed Action

[22-205-P]

The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.28.01 Telehealth. This action was considered by the Board of Optometry at a public meeting held on September 30, 2020, notice of which was given by publication on the Board’s website at https://health.maryland.gov/optometry/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide new guidelines for optometrists for the practice of telehealth pursuant to Chs. 15 and 16 (H.B. 448 and S.B. 402), Acts of 2020.

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, or fax to 410-767-6483. Comments will be accepted through January 17, 2023. A public hearing has not been scheduled.

.01 Scope.

A. This chapter governs the practice of optometry using telehealth as an adjunct to, or replacement for, in-person patient visits.

B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to Health-General Article and Insurance Article, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

(2) “In-person” means within the physical presence of the patient.

(3) “Interpretive services” means reading and analyzing images, tracings, or specimens through telehealth or giving interpretations based on visual, auditory, thermal, or ultrasonic patterns or other patterns as may evolve with technology.

(4) “Synchronous” means occurring in real time.

(5) “Telehealth” has the meaning stated in Health Occupations Article, §1-1001, Annotated Code of Maryland.

(6) “Telehealth practitioner” means a Maryland licensed optometrist performing telehealth services within the scope of practice.

.03 Licensure.

A. Subject to the provisions of Health Occupations Article, §11-301, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the telehealth practitioner or patient is physically located in this State.

.04 Standards of Practice for Telehealth.

A. Before performing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

(1) Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through the use of:

(a) A government-issued photograph identification;

(b) An insurance, Medicaid, or Medicare card; or

(c) Documentation of the patient’s:

(i) Date of birth; and

(ii) Home address;

(2) For an initial patient-telehealth practitioner interaction, disclose the telehealth practitioner’s

(a) Name;

(b) Contact information;

(c) Maryland license number; and

(d) Medical specialty, if applicable;

(3) Except for interpretive services, obtain oral or written consent from a patient or patient’s parent or guardian if State law requires the consent of a parent or guardian, including informing patients of the risks, benefits, and side effects of prescribed treatments;

(4) Securely collect and transmit a patient’s medical information, clinical data, clinical images, laboratory results, and self-reported medical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;

(5) Notify patients in the event of a data breach;

(6) Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and

(7) Establish safety protocols to be used in the case of an emergency.

B. Except when providing asynchronous telehealth services, a telehealth practitioner shall:

(1) Obtain or confirm an alternative method of contacting the patient in case of a technological failure;

(2) Confirm whether the patient is in Maryland and identify the practice setting in which the patient is located; and

(3) Identify all individuals present at each location and confirm they are allowed to hear personal health information.

C. A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person health care settings.

D. The requirements set forth under §§A and B of this regulation may be delegated.

.05 Patient Evaluation.

A. Subject to the provisions of Health Occupations Article, §11-208, Annotated Code of Maryland, a telehealth practitioner shall:

(1) Perform a synchronous or asynchronous clinical patient evaluation that is appropriate for the patient and the condition with which the patient presents before providing treatment or issuing a prescription through telehealth; and

(2) If clinically appropriate for the patient, provide or refer a patient to:

(a) In-person health care services; or

(b) Another type of telehealth service.

B. A telehealth practitioner may not treat a patient or issue a prescription based solely on a static online questionnaire.

.06 Telehealth Practitioner Discipline.

A. The Board shall use the same standards of evaluating and investigating a complaint about and in disciplining a licensee who practices telehealth as it would use for a licensee who does not use telehealth technology in the licensee’s practice.

B. The failure of a telehealth practitioner to comply with Regulations .04 and .05 of this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 40 BOARD OF PODIATRIC MEDICAL EXAMINERS

10.40.12 Telehealth

Authority: Health Occupations Article, §§1-1001—1-1006, Annotated Code of Maryland

Notice of Proposed Action

[22-206-P]

The Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.40.12 Telehealth. This action was considered by the Board of Podiatric Medical Examiners at a public meeting held on October 8, 2020, notice of which was
given by publication on the Board’s website at https://health.maryland.gov/mbpme/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide new guidelines for podiatrists for the practice of telehealth pursuant to Chapters 15 and 16 (H.B. 448 and S.B. 402), Acts of 2020.

 

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, or fax to 410-767-6483. Comments will be accepted through January 17, 2023. A public hearing has not been scheduled.

.01 Scope.

A. This chapter governs the practice of podiatry using telehealth as an adjunct to, or replacement for, in-person patient visits.

B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to Health-General Article and Insurance Article, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

(2) “In-person” means within the physical presence of the patient.

(3) “Interpretive services” means reading and analyzing images, tracings, or specimens through telehealth or giving interpretations based on visual, auditory, thermal, or ultrasonic patterns or other patterns as may evolve with technology.

(4) “Remote patient monitoring” means the use of telehealth devices to collect medical and other forms of health data from patients that are securely provided to a telehealth practitioner in a different location for assessment, recommendation, and diagnosis.

(5) “Store and forward technology” means the asynchronous transmission of digital images, documents, and videos electronically through secure means.

(6) “Synchronous” means occurring in real time.

(7) “Telehealth” has the meaning stated in Health Occupations Article, §1-1001, of the Annotated Code of Maryland.

(8) “Telehealth devices” means devices that gather visual or other data and remotely send the images or data to a telehealth practitioner in a different location from the patient.

(9) “Telehealth practitioner” means a Maryland-licensed podiatrist performing telehealth services within the scope of practice.

.03 Licensure.

A. Subject to the provisions of Health Occupations Article, Title 16, Subtitle 3, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the telehealth practitioner or patient is physically located in this State.

.04 Standards of Practice for Telehealth.

A. Before providing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

(1) Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through use of:

(a) A government-issued photograph identification;

(b) An insurance, Medicaid, or Medicare card; or

(c) Documentation of the patient’s:

(i) Date of birth; and

(ii) Home address;

(2) For an initial patient-telehealth practitioner encounter, disclose the telehealth practitioner’s:

(a) Name;

(b) Contact information; and

(c) Maryland license number;

(3) Except for interpretive services, obtain oral or written acknowledgement from a patient or a patient’s parent or guardian if State law requires the consent of a parent or guardian, including informing patients of the risks, benefits, and side effects of prescribed treatments;

(4) Securely collect and transmit a patient’s medical health information, clinical data, clinical images, laboratory results, and self-reported medical health and clinical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;

(5) Notify patients in the event of a data breach;

(6) Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and

(7) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the patient’s location.

B. Except when utilizing store and forward technology to provide telehealth services or remote patient monitoring, a telehealth practitioner shall:

(1) Obtain or confirm an alternative method of contacting the patient in case of a technological failure;

(2) Confirm whether the patient is in Maryland and identify the specific practice setting in which the patient is located; and

(3) Identify all individuals present at each location and confirm they are allowed to hear the patient’s health information.

C. A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person health care settings.

D. A telehealth practitioner may not prescribe opioids for the treatment of pain through telehealth except if the patient is in a health care facility as defined in Health-General Article, §19-114, Annotated Code of Maryland.

.05 Patient Evaluation.

A. Except when providing asynchronous telehealth services or remote patient monitoring, a telehealth practitioner shall:

(1) Perform a clinical patient evaluation adequate to establish a diagnosis and identify underlying conditions or contraindications to recommended treatment options before providing treatment or prescribing medication through telehealth; and

(2) If clinically appropriate for the patient, provide or refer a patient to:

(a) In-person health care services; or

(b) Another type of telehealth service.

B. If the evaluation is adequate to comply with §A of this regulation, a telehealth practitioner may use:

(1) Telehealth devices;

(2) Live synchronous audio-visual communication;

(3) Other methods of performing a medical examination remotely; or

(4) A patient evaluation performed by another licensed health care practitioner providing coverage.

C. A telehealth practitioner may not treat a patient or issue a prescription based solely on an online questionnaire.

.06 Telehealth Practitioner Discipline.

A. The Board shall use the same standards of evaluating and investigating a complaint about and in disciplining a licensee who practices telehealth as it would use for a licensee who does not use telehealth technology in the licensee’s practice.

B. The failure of a telehealth practitioner to comply with Regulations .04 and .05 of this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 41 BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS

10.41.06 Telehealth

Authority: Health Occupations Article, §§2-201, 2-205, and 1-1001—1-1006, Annotated Code of Maryland

Notice of Proposed Action

[22-207-P]

The Secretary of Health proposes to repeal existing Regulations .01—.05 under existing COMAR 10.41.06 Telehealth Communication and adopt new Regulations .01—.06 under new COMAR 10.41.06 Telehealth. This action was considered by the Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists at a public meeting held on October 15, 2020, notice of which was given by publication on the Board’s website at https://health.maryland.gov/boardsahs/Pages/Index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to provide new guidelines for audiologists, hearing aid dispensers, speech-language pathologists, and music therapists for the practice of telehealth pursuant to Chs. 15 and 16 (H.B. 448 and S.B. 402), Acts of 2020.

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, or fax to 410-767-6483. Comments will be accepted through January 17, 2023. A public hearing has not been scheduled.

.01 Scope.

A. This chapter governs the practice of audiology, hearing aid dispensing, speech-language pathology, and music therapy using telehealth as an adjunct to, or replacement for, in-person patient visits.

B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to Health-General Article and Insurance Article, Annotated Code of Maryland.

.02 Definitions.

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

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

(2) "Board" means the State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists.

(3) “In-person” means in the physical presence of the patient.

(4) “Interpretive services” means reading and analyzing images, tracings, or specimens through telehealth or giving interpretations based on visual, auditory, thermal, or ultrasonic patterns or other patterns as may evolve with technology.

(5) “Synchronous” means occurring in real time.

(6) “Telehealth” has the meaning stated in Health Occupations Article, §1-1001, Annotated Code of Maryland.

(7) “Telehealth practitioner” means a licensee of the Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech-Language Pathologists, and Music Therapists performing telehealth services within their respective scope of practice.

.03 Licensure.

A. Subject to the provisions of Health Occupations Article, Title 2, Subtitle 3, Annotated Code of Maryland, a telehealth practitioner shall be licensed in Maryland when providing telehealth services to a patient located in the State.

B. Telehealth practitioners licensed in this State are subject to the jurisdiction of the State and shall abide by the telehealth requirements of this chapter if either the telehealth practitioner or patient is physically located in this State.

.04 Standards of Practice for Telehealth.

A. Before performing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

(1) Verify the identification of the patient receiving telehealth services within a reasonable degree of certainty through use of:

(a) A government issued photograph identification;

(b) An insurance, Medicaid, or Medicare card; or

(c) Documentation of the patient’s:

(i) Date of birth; and

(ii) Home address;

(2) For an initial patient-telehealth practitioner encounter, disclose the telehealth practitioner’s:

(a) Name;

(b) Contact information;

(c) Maryland license number and type; and

(d) Medical specialty, if applicable;

(3) Except for interpretive services, obtain oral or written consent from a patient or patient’s parent or guardian if State law requires the consent of a parent or guardian, including informing patients of the risks and benefits of the services to be provided;

(4) Securely collect and transmit a patient’s medical health information, clinical data, clinical images, laboratory results, and self-reported medical health and clinical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;

(5) Notify patients in the event of a data breach;

(6) Ensure that the telehealth practitioner provides a secure and private telehealth connection that complies with federal and state privacy laws; and

(7) Establish safety protocols to be used in the case of an emergency.

B. Except when providing asynchronous telehealth services, a telehealth practitioner shall:

(1) Obtain or confirm an alternative method of contacting the patient in case of a technological failure;

(2) Confirm whether the patient is in Maryland and identify the specific practice setting in which the patient is located; and

(3) Identify all individuals present at each location and confirm they are allowed to hear the patient’s health information.

C. A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person health care settings.

D. The requirements set forth under §§A and B of this regulation may be delegated.

.05 Patient Evaluation.

A. Except when providing asynchronous telehealth services or remote patient monitoring, a telehealth practitioner shall:

(1) Perform a clinical patient evaluation adequate to establish a diagnosis and identify underlying conditions or contraindications to recommended treatment options before providing treatment or services through telehealth; and

(2) If clinically appropriate for the patient, provide or refer a patient to:

(a) In-person health care services; or

(b) Another type of telehealth service.

B. If the evaluation is adequate to comply with §A of this regulation, a telehealth practitioner may use:

(1) Telehealth devices;

(2) Live synchronous audio-visual communication;

(3) Other methods of performing a patient examination remotely; or

(4) A patient evaluation performed by another licensed health care practitioner providing coverage.

C. A telehealth practitioner shall comply with all applicable laws and regulations governing referrals, testing, and evaluation of patients including, but not limited to, the requirements of:

(1) COMAR 10.41.08; and

(2) Health Occupations Article, §2-314.1, Annotated Code of Maryland.

D. A telehealth practitioner may not treat a patient based solely on an online questionnaire.

.06 Telehealth Practitioner Discipline.

A. The Board shall use the same standards of evaluating and investigating a complaint about and in disciplining a licensee who practices telehealth as it would use for a licensee who does not use telehealth technology in the licensee’s practice.

B. The failure of a telehealth practitioner to comply with Regulations .04 and .05 of this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 42 BOARD OF SOCIAL WORK EXAMINERS

10.42.10 Teletherapy

Authority: Health-General Article, §15-141.2; Health Occupations Article, §§1-901—1-903 and 1-1001—1-1006[,]; Insurance Article, §15-139; Annotated Code of Maryland

Notice of Proposed Action

[22-208-P]

The Secretary of Health proposes to amend Regulations .01—.06 under COMAR 10.42.10 Teletherapy. This action was considered by the Board of Social Work Examiners at a public meeting held on October 9, 2020, notice of which was given by publication on the Board’s website at https://health.maryland.gov/bswe/Pages/default.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the current teletherapy guidelines for social workers pursuant to Chs. 15 and 16 (H.B. 448 and S.B. 402), Acts of 2020.

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, or fax to 410-767-6483. Comments will be accepted through January 17, 2023. A public hearing has not been scheduled.

.01 Scope.

A. This chapter[:] governs the practice of social work using teletherapy as an adjunct to, or replacement for, in-person client visits.

[A. Applies to a:

(1) Licensed certified social worker-clinical (LCSW-C);

(2) Licensed certified social worker (LCSW) under the supervision of an LCSW-C; or

(3) Licensed masters social worker (LMSW) under the supervision of an LCSW-C.

B. Does not prohibit the following from using electronic means as defined under Regulation .02B(4)(a) within their scope of practice:

(1) A licensed bachelor social worker (LBSW) under supervision;

(2) A licensed bachelor social worker (LBSW) practicing independently;

(3) A licensed certified social worker (LCSW); or

(4) A licensed masters social worker (LMSW) practicing independently.]

B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to the Health-General Article and Insurance Article, Annotated Code of Maryland.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

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

(4) “In-person” means within the physical presence of the client.

[(3)] (5) “Synchronous” means [simultaneously or quickly enough to allow two or more individuals to conduct a conversation] occurring in real time.

[(4)] (6) [Teletherapy.

(a)] “Teletherapy” means [the use of interactive audio, video, or other telecommunications or electronic media by a licensed social worker to deliver psychotherapy:] telehealth as defined in Health Occupations Article, §1-901, Annotated Code of Maryland.

[(i) Within the scope of practice of an LCSW-C, an LCSW under the supervision of an LCSW-C, or an LMSW under the supervision of an LCSW-C; and

(ii) At a location other than the location of the client;

(b) “Teletherapy” does not include:

(i) An audio-only telephone conversation between an LCSW-C, an LCSW under the supervision of an LCSW-C, or an LMSW under the supervision of an LCSW-C, and a client;

(ii) An electronic mail message between an LCSW-C, an LCSW under the supervision of an LCSW-C, or an LMSW under the supervision of an LCSW-C, and a client;

(iii) A facsimile transmission between an LCSW-C, an LCSW under the supervision of an LCSW-C, or an LMSW under the supervision of an LCSW-C, and a client; or

(iv) A text message or other type of message sent between an LCSW-C, an LCSW under the supervision of an LCSW-C, or an LMSW under the supervision of an LCSW-C, and a client by a short message service or multimedia messaging service.]

(7) “Teletherapy practitioner” means a Maryland licensed social worker performing teletherapy services within their respective scope of practice.

.03 Licensure.

[The following Board-approved licensees may provide psychotherapy using teletherapy if the client is in Maryland:

A. An LCSW-C;

B. An LCSW under the supervision of an LCSW-C; or

C. An LMSW under the supervision of an LCSW-C.]

Subject to the provisions of Health Occupations Article, Title 19, Subtitle 3, Annotated Code of Maryland, in order to practice teletherapy:

A. The teletherapy practitioner shall be licensed in Maryland; and

B. The client shall be in Maryland and may not include a client located in another state, territory, or country.

.04 Standards of Practice for Teletherapy.

A. Before providing teletherapy services, a [licensee who is permitted to use teletherapy under this chapter] teletherapy practitioner shall develop and follow a procedure to:

[A. Shall:

(1) Develop and follow a procedure to:]

[(a)] (1) Verify the identification of the client receiving teletherapy services[;] within a reasonable degree of certainty through the use of:

(a) A government issued photograph identification;

(b) An insurance, Medicaid, or Medicare card; or

(c) Documentation of the client’s:

(i) Date of birth; and

(ii) Home address;

(2) For an initial client encounter, disclose the teletherapy practitioner’s:

(a) Name;

(b) Maryland license number and type; and

(c) Contact information;

[(b)] (3) Obtain oral or written informed consent [specific to teletherapy services using appropriate language understandable to the client] from a client or a client’s parent or guardian if State law requires the consent of a parent or guardian, including informing clients of the risks, opportunities, and obligations associated with services available to the client;

[(c)] (4) [Prevent] Securely collect and transmit a client’s clinical data and self-reported medical history, as necessary, and prevent access to data by unauthorized persons through encryption, or other means;

[(d)] (5) (text unchanged)

[(e)] (6) Ensure that the teletherapy practitioner provides a secure and private teletherapy connection and complies with federal and State privacy laws; and

[(f)] (7) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the client’s location[;].

B. Except when providing asynchronous teletherapy services, a teletherapy practitioner shall:

[(g)] (1) (text unchanged)

[(h)] (2) [Determine] Confirm whether the client is in Maryland and identify the client’s specific location; and

[(i) For an initial teletherapy interaction only, disclose the name, location, Maryland license number, and contact information of the LCSW-C, the LCSW, or the LMSW; and]

[(j)] (3) Identify all individuals present at each location and confirm they are permitted to hear the client’s health information[; and].

[(2)] C. [Be] A teletherapy practitioner shall be held to the same standards of practice and documentation as those applicable for in-person social work practice sessions[; and].

[B. May not treat a client based solely on an online questionnaire.]

.05 Client Evaluation.

A. A teletherapy practitioner shall:

[A.] (1) [A licensee who is permitted to use teletherapy under this chapter shall perform a] Perform a synchronous or asynchronous clinical client evaluation [adequate to establish diagnoses and identify underlying conditions or contraindications to recommended treatment options] that is appropriate for the client and the condition with which the client presents before providing [subsequent teletherapy] treatment or services through teletherapy[.]; and

[B. If the evaluation is adequate to comply with §A of this regulation, a licensee who is permitted to use teletherapy under this chapter may use:

(1) Live synchronous audio-visual communication;

(2) Other methods of performing social work remotely; or

(3) A social work evaluation performed by another licensee who is permitted to use teletherapy under this chapter providing coverage.]

(2) If clinically appropriate for the client, provide or refer a client to:

(a) In-person treatment; or

(b) Another type of teletherapy service.

B. A teletherapy practitioner may not treat a client based solely on an online questionnaire.

.06 Teletherapy Practitioner Discipline.

A. The Board shall use the same standards in evaluating and investigating a complaint and disciplining a licensee who [is permitted to use teletherapy under this chapter] practices teletherapy as it would use for a licensee [who is permitted to use teletherapy under this chapter] who does not use teletherapy technology in the licensee’s practice.

B. The failure of a [licensee who is permitted to use teletherapy under this chapter] teletherapy practitioner to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board [in accordance with COMAR 10.42.09].

DENNIS R. SCHRADER
Secretary of Health

 

Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS

Notice of Proposed Action

[22-209-P]

The Secretary of Health proposes to:

(1) Amend Regulations .01—.06 under COMAR 10.58.06 Teletherapy; and

(2) Amend Regulation .02, adopt new Regulation .13, and recodify existing Regulations .13—.18 to be Regulations .14—.19 under COMAR 10.58.16 Behavior Analyst Advisory Committee.

This action was considered by the Board of Professional Counselors and Therapists at a public meeting held on October 16, 2020 and May 20, 2022, notice of which was given by publication on the Board’s website at Maryland Department of Health Board of Professional Counselors and Therapists pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to amend the current teletherapy guidelines for professional counselors and therapists, and adopt new telehealth guidelines for behavior analysts, pursuant to Chs. 15 and 16 (H.B. 448 and S.B. 402), Acts of 2020.

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 800-735-225), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through January 17, 2023. A public hearing has not been scheduled.

 

10.58.06 Teletherapy

Authority: Health-General Article, §15-141.2; Health Occupations Article, §§1-901—1-903 and 1-1001—1-1006[,]; and Insurance Article; §15-139, Annotated Code of Maryland; Ch. 505, Acts of 2008

.01 Scope.

A. This chapter [applies to the following who provide behavioral health services using teletherapy in Maryland:] governs the practice of counseling and therapy services in Maryland pursuant to Health Occupations Article, Title 17, Annotated Code of Maryland, using teletherapy as an adjunct to, or replacement for, in-person client visits.

B. Nothing in this chapter changes, restricts, or limits reimbursement requirements pursuant to Health-General Article and Insurance Article, Annotated Code of Maryland.

[A. Certified associate counselor-alcohol and drug (CAC-AD);

B. Certified professional counselor (CPC);

C. Certified professional counselor-alcohol and drug (CPC-AD);

D. Certified professional counselor-marriage and family therapist (CPC-MFT);

E. Certified supervised counselor-alcohol and drug (CSC-AD);

F. Licensed clinical alcohol and drug counselor (LCADC);

G. Licensed clinical marriage and family therapist (LCMFT);

H. Licensed clinical professional art therapist (LCPAT);

I. Licensed clinical professional counselor (LCPC);

J. Licensed graduate alcohol and drug counselor (LGADC);

K. Licensed graduate marriage and family therapist (LGMFT);

L. Licensed graduate professional art therapist (LGPAT); or

M. Licensed graduate professional counselor (LGPC).]

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

[(1)] (2)—[(3)] (4) (text unchanged)

(5) “In-person” means within the physical presence of the client.

[(4)] (6) “Synchronous” means [simultaneously or quickly enough to allow two or more individuals to conduct a conversation] occurring in real time.

[(5)] (7) [Teletherapy.

(a)] “Teletherapy” means [the use of interactive audio, video, or other telecommunications or electronic media by a counselor of therapist to deliver counseling services:] telehealth as defined in Health Occupations Article, §1-901, Annotated Code of Maryland.

[(i) Within the scope of practice of the counselor or therapist; and

(ii) At a location other than the location of the client;

(b) “Teletherapy” does not include:

(i) An audio-only telephone conversation between a counselor or therapist and a client;

(ii) An electronic mail message between a counselor or therapist and a client;

(iii) A facsimile transmission between a counselor or therapist and a client; or

(iv) A text message or other type of message sent between a counselor or therapist and a client by a short message service or multimedia messaging service.]

(8) “Teletherapy practitioner” means an individual authorized to provide counseling and therapy services in Maryland pursuant to Health Occupations Article, Title 17, Annotated Code of Maryland, who performs teletherapy services within their respective scope of practice.

.03 Licensure and Certification.

[A counselor or therapist licensed or certified in Maryland may provide counseling services using teletherapy if one or both of the following occurs:

A. The individual practicing teletherapy is physically located in Maryland; or

B. The client is in Maryland.]

Subject to the provisions of Health Occupations Article, Title 17, Subtitles 3 and 4, Annotated Code of Maryland, in order to practice teletherapy:

A. The teletherapy practitioner shall be licensed in Maryland; and

B. The client shall be in Maryland and may not include a client located in another state, territory, or country.

.04 Standards of Practice for Teletherapy.

A. Before providing teletherapy services, a [counselor or therapist] teletherapy practitioner shall develop and follow a procedure to:

(1) Verify the identification of the client receiving teletherapy services[;] within a reasonable degree of certainty through the use of:

(a) A government-issued photograph identification;

(b) An insurance, Medicaid, or Medicare card; or

(c) Documentation of the client’s:

(i) Date of birth; and

(ii) Home address;

(2) For an initial client encounter, disclose the teletherapy practitioner’s:

(a) Name;

(b) Maryland license or certificate number and type; and

(c) Contact information;

[(2)] (3) Obtain oral or written informed consent [specific to teletherapy services using appropriate language understandable to the client] from a client or a client’s parent or guardian if State law requires the consent of a parent or guardian, including informing clients of potential risks and benefits of services to be performed;

[(3)] (4) [Prevent] Securely collect and transmit a client’s clinical data and self-reported medical history, as necessary, and prevent access to data by unauthorized persons through encryption[,] or other means;

[(4)] (5)[(6)] (7) (text unchanged)

B. [A counselor or therapist] Except when providing asynchronous teletherapy services, a teletherapy practitioner shall:

(1) (text unchanged)

(2) [Determine] Confirm whether the client is in Maryland and identify the client’s specific location; and

[(3) For an initial teletherapy interaction only, disclose the counselor or therapist’s name, location, license number, and contact information;]

[(4)] (3) Identify all individuals present at each location and confirm they are permitted to hear the client’s health information[; and].

[(5)] C. [Be] A teletherapy practitioner shall be held to the same standards of practice and documentation as those applicable for in-person counseling and therapy sessions[; and].

[C. A counselor or therapist not treat a client based solely on an online questionnaire.]

.05 Client Evaluation.

A. A teletherapy practitioner shall:

[A.] (1) [A counselor or therapist shall perform] Perform a synchronous or asynchronous clinical client evaluation [adequate to establish diagnoses and identify underlying conditions or contraindications to recommended treatment options] that is appropriate for the client and the condition with which the client presents before providing [subsequent teletherapy] treatment or services through teletherapy[.]; and

[B. If the evaluation is adequate to comply with §A of this regulation, a counselor or therapist may use:

(1) Live synchronous audio-visual communication;

(2) Other methods of performing counseling examination remotely; or

(3) A counseling evaluation performed by another counselor or therapist providing coverage.]

(2) If clinically appropriate for the client, provide or refer a client to:

(a) In-person treatment; or

(b) Another type of teletherapy service.

B. A teletherapy practitioner may not treat a client based solely on an online questionnaire.

.06 Teletherapy Practitioner Discipline.

A. The Board shall use the same standards in evaluating and investigating a complaint and disciplining [a counselor or therapist] an individual authorized to practice pursuant to Health Occupations Article, Title 17, Annotated Code of Maryland, who practices teletherapy as it would use for [a counselor or therapist] an individual authorized to practice pursuant to Health Occupations Article, Title 17, Annotated Code of Maryland, who does not use teletherapy technology in their counseling or therapy practice.

B. The failure of a [counselor or therapist] teletherapy practitioner to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.

 

10.58.16 Behavior Analyst Advisory Committee

Authority: Health Occupations Article, §§1-606, 1-1001—1-1006, and Title 17, Subtitle 6A, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Asynchronous” means not occurring in real time.

[(1)] (2)—[(4)] (5) (text unchanged)

(6) “In-person” means within the physical presence of the individual receiving behavior analyst services or the individual’s caregiver.

[(5)] (7)—[(10)] (12) (text unchanged)

[(11)] (13) “Supervision” means [the]:

(a) The ongoing monitoring of implementation quality, the frequency of which should be based on the supervisee’s [training]:

(i) Training[, competence];

(ii) Competence[,]; and [experience]

(iii) Experience [and the];

(b) The nature of the assessment or intervention procedures delegated to the supervisee[.]; and

(c) Meeting the minimum supervision requirements of the Behavior Analyst Certification Board.

[(12)] (14) “Supervisor” means a licensed behavior analyst who [provides]:

(a) Provides supervision to a supervisee[.]; and

(b) Meets the minimum supervision requirements of the Behavior Analyst Certification Board.

(15) “Synchronous” means occurring in real time.

(16) “Telehealth” has the meaning stated in Health Occupations Article, §1-1001, Annotated Code of Maryland.

(17) “Telehealth practitioner” means an individual authorized to provide telehealth services in Maryland pursuant to Health Occupations Article, Title 17, Subtitle 6A, Annotated Code of Maryland, who performs telehealth services within their respective scope of practice.

.13 Telehealth.

A. Licensure. Subject to the provisions of Health Occupations Article, Title 17, Subtitle 6A, Annotated Code of Maryland, in order to practice telehealth:

(1) The telehealth practitioner shall be licensed in Maryland; and

(2) The client shall be in Maryland and may not include a client located in another state, territory, or country.

B. Standards of Practice.

(1) Before providing telehealth services, a telehealth practitioner shall develop and follow a procedure to:

(a) Verify the identification of the client, within a reasonable degree of certainty through the use of:

(i) A government-issued photograph identification;

(ii) An insurance, Medicaid, or Medicare card; or

(iii) Documentation of the client’s date of birth and home address;

(b) For an initial client encounter, disclose the telehealth practitioner’s:

(i) Name;

(ii) Maryland license number; and

(iii) Contact information;

(c) Obtain oral or written informed consent from a client or a client’s parent or guardian if State law requires the consent of a parent or guardian, including informing clients of potential risks and benefits of telehealth services to be performed;

(d) Securely collect and transmit a client’s clinical data and self-reported medical history, as necessary, and prevent access to data by unauthorized persons through encryption or other means;

(e) Notify clients in the event of a data breach;

(f) Ensure that the telehealth practitioner provides a secure and private telehealth connection and complies with federal and state privacy laws; and

(g) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the client’s location.

(2) Except when providing asynchronous telehealth services, a telehealth practitioner shall:

(a) Obtain or confirm an alternative method of contacting the client in case of a technological failure;

(b) Confirm whether the client is in Maryland and identify the client’s specific location; and

(c) Identify all individuals present at each location and confirm they are permitted to hear the client’s health information.

(3) A telehealth practitioner shall be held to the same standards of practice and documentation as those applicable for in-person sessions.

C. Client Evaluation.

(1) A telehealth practitioner shall:

(a) Perform a synchronous or asynchronous client evaluation that is appropriate for the client and the condition with which the client presents before providing services through telehealth; and

(b) If clinically appropriate for the client, provide or refer a client to:

(i) In-person treatment; or

(ii) Another type of telehealth service.

(2) A telehealth practitioner may not treat a client based solely on an online questionnaire.

D. Telehealth Practitioner Discipline.

(1) The Board shall use the same standards in evaluating and investigating a complaint and disciplining a telehealth practitioner who practices telehealth as it would use for a telehealth practitioner who does not use telehealth technology.

(2) The failure of a telehealth practitioner to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.

DENNIS R. SCHRADER
Secretary of Health

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 02 TRANSPORTATION SERVICE HUMAN RESOURCES SYSTEM

11.02.06 Medical Examinations and Evaluations

Authority: State Personnel and Pensions Article, §2-106; Transportation Article, §§2-102[,] and 2-103.4; Annotated Code of Maryland

Notice of Proposed Action

[22-210-P]

The Secretary of Transportation proposes to amend Regulations .01 and .02 under COMAR 11.02.06 Medical Examinations and Evaluations.

Statement of Purpose

The purpose of this proposed action is to provide the Department of Transportation more flexibility with the State Medical Director and drug testing contracts. This action does not change or eliminate the Department of Transportation’s drug testing requirements which are outlined in COMAR 11.02.11.

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 Lauren Weirauch, Deputy Director, Office of Human Resources, Maryland Department of Transportation, 7201 Corporate Center Drive, Hanover, MD 21076, or call 410-865-1195, or email to lweirauch@mdot.maryland.gov. Comments will be accepted January 17, 2023. A public hearing has not been scheduled.

.01 General.

The Secretary shall designate a Department Medical Advisor who shall advise the appointing authority or the appointing authority's designee with respect to medical examinations[,] and medical evaluations[, and drug testing] related to employment with the Department. Reports shall be provided by the Department Medical Advisor to the appointing authority or the appointing authority's designee.

.02 Department Medical Advisor.

A. The Department Medical Advisor:

(1)—(4) (text unchanged)

(5) Shall conduct any other medical examinations or studies concerning the medical state of employees or individuals who have received an offer of employment or a conditional offer of employment as directed by the appointing authority or the appointing authority's designee; and

(6) May advise the appointing authority or the appointing authority's designee that an individual has a medical condition which affects the individual's ability to perform the essential functions of the position[; and].

[(7) Is the Medical Review Officer for the drug testing program.]

B.—D. (text unchanged)

JAMES F. PORTS, JR.
Secretary of Transportation

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.05 Administration of Home and Hospital Teaching for Students

Authority: Education Article, §§2-205, 6-704, 7-101, 7-301, and 8-403, Annotated Code of Maryland

Notice of Proposed Action

[22-211-P]

The Maryland State Board of Education proposes to amend Regulations .02—.04 under COMAR 13A.03.05 Administration of Home and Hospital Teaching for Students. This action was considered by the Maryland State Board of Education at its September 27, 2022, public meeting.

Statement of Purpose

The purpose of this action is to update the requirements for COMAR 13A.03.05 Administration of Home and Hospital Teaching for Students to reflect the changes in Health Occupations Article, §8-101, Annotated Code of Maryland, to remove certain language in COMAR 13A.03.05 and expand language that allows a Psychiatric Mental Health Nurse Practitioner to validate emotional conditions requiring home and hospital services.

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 business.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jonathan Turner, Lead Specialist, Student Support and Enrichment, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0288 (TTY 410-333-6442), or email to jonathan.turner@maryland.gov. Comments will be accepted through January 17, 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 February 28, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "Local school system" means the public school system in which the student is enrolled, or for an identified student with disabilities, the public school system that has responsibility for the education of the student.

(2) “Nurse practitioner” means a nationally board certified, advance practice nurse with a master’s or doctorate degree who, by reason of certification under COMAR 10.27.07, may practice in Maryland as a nurse practitioner under the terms of that chapter or, if out-of-State, as a nurse practitioner in the state in which services are provided.

(3) “Psychiatric mental health nurse practitioner” means an advanced practice registered nurse, possessing a master’s or doctorate degree, who, by reason of national certification under COMAR 10.27.12, is recognized as being trained and certified to diagnose and treat individuals who have mental health needs and substance abuse issues.

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

.03 Responsibility of Local School Systems.

A. Nature.

(1) Each local school system shall make instructional services available to students who are unable to participate in their school of enrollment for those reasons set forth in this chapter. In making instructional services available, local school systems shall consult with [the parent, guardian, student, psychologist, physician, psychiatrist, and nurse practitioner, as appropriate.] any of the following as deemed necessary:

(a) Parent;

(b) Guardian;

(c) Student;

(d) Psychologist;

(e) Physician;

(f) Psychiatrist; and

(g) Nurse practitioner.

(2) (text unchanged)

B.—D. (text unchanged)

.04 Verification Procedures.

A. The local school system shall determine initial service need through verification of the physical condition, including drug and alcohol dependency, by a licensed physician or certified nurse practitioner, or verification of emotional condition by a certified school psychologist, licensed psychologist, [or] licensed psychiatrist, or licensed psychiatric mental health nurse practitioner.

B.—C. (text unchanged)

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Subtitle 06 SUPPORTING PROGRAMS

13A.06.10 Purple Star Schools Program

Authority: Education Article, §§2-205 and 7-129, Annotated Code of Maryland

Notice of Proposed Action

[22-212-P]

The Maryland State Board of Education proposes to adopt new Regulations .01—.05 under a new chapter, COMAR 13A.06.10 Purple Star Schools Program. This action was considered by the Maryland State Board of Education at its September 27, 2022, public meeting.

Statement of Purpose

The purpose of this action is to establish criteria for applying and the benchmarks a public school must meet to qualify as a Purple Star School.

Estimate of Economic Impact

Summary of Economic Impact. Budget items would include banners for or awards bestowed on the Purple Star Schools each year.

 

 

Revenue

(R+/R-)

 

II. Types of Economic Impact.

Expenditure

(E+/E-)

Magnitude

 


A. On issuing agency:

(E+)

Unknown

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. Cost of banners or awards

Economic Impact on Small Businesses

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

Opportunity for Public Comment

Comments may be sent to Mary L. Gable, Assistant State Superintendent, Division of Student Support, Academic Enrichment, and Educational Policy, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0472 (TTY 410-333-6442), or email to mary.gable@maryland.gov. Comments will be accepted through January 17, 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 February 28, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Purpose.

The purpose of this action is to implement Education Article, §7-129, Annotated Code of Maryland, which establishes a Purple Star Schools Program to recognize public schools that provide strong services and support for military-connected students and their families when, as a result of military service, a military-connected student transfers schools.

.02 Definitions.

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

B. Terms Defined.

(1) “Department” means the Maryland State Department of Education.

(2) “Military-connected student” means a student who is a dependent of:

(a) A current member of:

(i) The United States military serving in the Army, Navy, Air Force, Space Force, Marine Corps, or Coast Guard on active duty;

(ii) The National Oceanic and Atmospheric Administration Commissioned Officer Corps;

(iii) The Public Health Service Commissioned Corps;

(iv) The Maryland National Guard; or

(v) A reserve force of the United States military; or

(b) A member of a military or reserve force described in §B(2)(a) of this regulation who was killed in the line of duty.

.03 Criteria.

A. To be eligible for designation as a Purple Star School, a public school shall:

(1) Designate a staff member as a military liaison, whose duties include:

(a) Identifying military-connected students who are newly enrolled or soon to be enrolled at the school;

(b) Serving as the point of contact between the school and the newly enrolled or soon to be enrolled military-connected students and their families;

(c) Determining appropriate school services available to newly enrolled or soon to be enrolled military-connected students;

(d) Assisting in coordinating school programs for newly enrolled or soon to be enrolled military-connected students;

(e) Providing information, resources, and professional development to school staff on the needs of military-connected students and their families; and

(f) Generally aiding with a military-connected student’s transition to a new school;

(2) Establish on the school’s website an easily accessible webpage that includes resources for military-connected students and their families, including information regarding:

(a) Relocation to, enrollment at, registration at, and transferring records to the school;

(b) Preparation for a move from a student’s current school to the school at which the student is newly enrolled or is soon to be enrolled;

(c) Academic planning, course sequences, advanced classes, and graduation requirements;

(d) Special education and related services; and

(e) Counseling and other support services available for military-connected students transitioning into the school;

(3) Maintain a transition program led by students at the school, whenever appropriate, and overseen by the designated military liaison that assists military-connected students enrolled at the school by:

(a) Facilitating guided tours of the campus;

(b) Organizing an orientation to familiarize the new student with school information; and

(c) If requested, accompanying the student throughout the campus during the first week of school during school hours; and

(4) Offer professional development to school staff on issues related to military-connected students transferring to new schools.

B. A public school may partner with a county board to fulfill the criteria described in §A of this regulation to qualify as a Purple Star School.

.04 Application and Renewal.

A. To be considered for designation as a Purple Star School, a public school’s military liaison shall complete an application available on the Department’s website.

B. The Department will release the Purple Star School application on December 1 of each year, beginning with the 2023—2024 school year.

C. A public school that receives the Purple Star School designation shall hold the designation for a period of 2 school years and be eligible to reapply for the designation in the final year of the 2-year period.

D. A public school that fails to receive the Purple Star School designation is eligible to reapply for the designation the following year.

.05 Selection Process.

A. The Department shall identify a panel of stakeholders to review Purple Star School applications based on the criteria described in Regulation .03 of this chapter.

B. The Department shall issue its decision on a Purple Star School application no later than the end of the school year in the local school system where the applicant school is located.

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Subtitle 08 STUDENTS

13A.08.01 General Regulations

Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-208, 7-301, 7-301.1, 7-303—7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912

Notice of Proposed Action

[22-213-P]

The Maryland State Board of Education proposes to amend Regulation .01 under COMAR 13A.08.01 General Regulations. This action was considered by the Maryland State Board of Education at its September 27, 2022, public meeting.

Statement of Purpose

The purpose of this action is to update the requirements for attendance to include the legislative mandate of 2012, regarding the phased-in increase in the age of compulsory attendance from 16 to 18 years of age.

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 Mary L. Gable, Assistant State Superintendent, Division of Student Support, Academic Enrichment, and Educational Policy, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0472 (TTY 410-333-6442), or email to mary.gable@maryland.gov. Comments will be accepted through January 17, 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 February 28, 2023, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Attendance.

A. Who Shall Attend. Each child who resides in this State and is 5 years old or older and under [16] 18 shall attend a public school regularly during the entire school year unless the child is otherwise receiving regular, thorough instruction during the school year in the studies usually taught in the public schools to children of the same age, or the child is exempted under Regulation .02-2A of this chapter.

B.—E. (text unchanged)

MOHAMMED CHOUDHURY
State Superintendent of Schools

 

Title 20
PUBLIC SERVICE COMMISSION

Subtitle 50 SERVICE SUPPLIED BY ELECTRIC COMPANIES

20.50.09 Small Generator Facility Interconnection Standards

Authority: Public Utilities Article, §§2-113, 2-121, 5-101, 5-303, and 7-306, Annotated Code of Maryland

Notice of Proposed Action

[22-214-P]

The Public Service Commission proposes to amend Regulations .01, .06, and .14 under COMAR 20.50.09 Small Generator Facility Interconnection Standards. This action was considered by the Maryland Public Service Commission at a scheduled rule-making (RM 77) meeting held on August 2, 2022, notice of which was given under General Provisions Article, §3-302, Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Clarify the applicability of Maryland small generator interconnection regulations where a small generator facility participates in wholesale energy markets through a wholesale power aggregator or interconnects to an electric distribution circuit in Maryland that crosses state boundaries under Regulation .01;

(2) Require all applicable small generator facilities with electric power inverters in Maryland to comply with the latest applicable standards and witness test requirements in COMAR 20.50.02.02 after April 1, 2023 under Regulation .06;

(3) Provide new cybersecurity requirements for small generator facilities seeking to interconnect to a Maryland electric distribution utility under Regulation .06;

(4) Modify utility processes for electric distribution hosting capacity calculations under Regulation .06;

(5) Establish additional requirements for utility monitoring and control plans under Regulation .06; and

(6) Revise electric utility annual reporting requirements to include complaint information regarding small generator facility electric power curtailment under certain conditions under Regulation .14.

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 Andrew S. Johnston, Executive Secretary, Maryland Public Service, Commission, 6 St. Paul Street, 16th Floor, Baltimore, MD 21202, or call 410-767-8067, or email to, or fax to 410-333-6495. Comments will be accepted through January 17, 2023. A public hearing has not been scheduled.

.01 Scope.

A. (text unchanged)

B. A small generator facility seeking to interconnect and operate in parallel with the electric distribution system under this chapter shall meet one of the following criteria:

(1) (text unchanged)

(2) The small generator facility is not a qualifying facility pursuant to the Public Utility Regulatory Policies Act and does not intend to make sales of wholesale electric energy through the PJM Interconnection, LLC; [or]

(3) The small generator facility intends to make sales of wholesale electric energy through the PJM Interconnection, LLC at an electric distribution interconnection facility where there has been no prior FERC jurisdictional service[.];

(4) The small generator facility intends to make sales of wholesale electric energy through the PJM Interconnection, LLC only at an electric distribution interconnection facility through participation in a distributed energy resource aggregation; or

(5) The small generator facility will be interconnected to an electric distribution circuit and its energy will not be transmitted across state lines for a wholesale customer other than the electric distribution owner.

C.—D. (text unchanged)

.06 General Requirements.

A.—I. (text unchanged)

J. Utility Monitoring and Control of Small Generator Facility.

(1)—(4) (text unchanged)

(5) A utility monitoring and control plan submitted to the Commission pursuant to §J(3)(a) of this regulation shall include:

(a) Technical requirements;

(b) Cost;

(c) Benefits;

(d) Comparison to IEEE 1547-2018 compliant monitoring and control alternatives, if applicable;

(e) Customer permissions plan; and

(f) Project management plan

K. Good Small Generator Facility Cybersecurity Practice. A small generator facility’s cybersecurity shall be:

(1) Designed;

(2) Installed;

(3) Maintained; and

(4) Operated to the extent reasonable and practical, in accordance with accepted industry standards and meet utility cybersecurity requirements.

[K.] L. Witness Test of Small Generator Facility.

(1)—(6) (text unchanged)

(7) If a witness test is not performed by the utility or an entity approved by the utility, the applicant shall satisfy the interconnection test specifications and requirements [set forth] specified in [Section 5 of IEEE Standard 1547.] Section 8 of IEEE Standard 1547.1-2020.

(8) For interconnection equipment that has not been lab-certified or field-approved under Regulation .07 of this chapter, the witness test [shall] may also include the verification by the utility [of the on-site design tests as required by Section 5.1 of IEEE Standard 1547 and of production tests required by Section 5.2 of IEEE Standard 1547.] specified in Section 8 of IEEE Standard 1547.1-2020.

(9) All tests verified by the utility shall be performed in accordance with the test procedures specified in [IEEE Standard 1547.1.] Section 8 of IEEE Standard 1547.1-2020.

(10) The applicant shall, if requested by the utility, provide a copy of all documentation in its possession regarding testing conducted under [IEEE Standard 1547.1.] Section 8 of IEEE Standard 1547.1-2020.

(11) The applicant shall demonstrate that it meets the smart inverter requirements of §O of this regulation, if applicable. 

[L.] M. Interconnection Studies and Applicant Information.

(1)—(4) (text unchanged)

(5) A small generator facility shall remain on the list for at least 3 years after the interconnection request was approved by the utility, unless subsequently cancelled or removed from the interconnection queue pursuant to [§M] §N of this regulation.

(6)—(7) (text unchanged)

[M.] N. (text unchanged)

[N.] O. Smart Inverters.

(1) After [January 1, 2022,] April 1, 2023, any small generator facility requiring an inverter that submits an interconnection request shall use a smart inverter with either a default or a site-specific utility required inverter settings profile, as determined by a utility.

(2) Any small generator facility may replace an existing inverter with a similar spare inverter that was purchased prior to [January 1, 2022,] April 1, 2023, for use at the small generator facility. This requirement does not apply to inverter replacements conducted under manufacturer warranty.

(3) Prior to [January 1, 2022,] April 1, 2023, all utilities will establish default utility required inverter settings profiles for smart inverters pursuant to [§N(5)] §O(5) of this regulation. A utility with a total number of less than 150,000 customers served in Maryland may use a Statewide utility required inverter settings profile as their default utility required inverter settings profile.

(4) To the extent reasonable, pursuant to any modifications required by [§N(5)] §O(5) of this regulation, all utility required inverter setting profiles shall be consistent with applicable smart inverter recommendations from PJM Interconnection, LLC that are applicable.

(5) (text unchanged)

(6) A site-specific utility required inverter settings profile may be established by a utility as necessary to optimally meet the objectives established in [§N(5)] §O(5) of this regulation.

(7) All default and site-specific utility required inverter settings profiles [will] shall be documented in interconnection agreements.

(8) A default utility required inverter settings profile [will] shall be published on the utility’s website.

[(9) A list of acceptable smart inverters shall be published on a utility’s website.]

(9) A utility with a total number of 150,000 or more customers served in Maryland shall:

(a) File an initial default utility required inverter settings profile with the Commission for approval by January 1, 2023 to be effective by April 1, 2023.

(b) File any changes to its established default utility required inverter settings profile with the Commission for approval.

(10) Commission Staff shall file any changes to the established statewide utility required inverter settings profile with the Commission for approval.

(11) A utility required inverter settings profile or statewide utility required inverter settings profile shall be deemed approved within 90 days upon filing, unless directed otherwise by the Commission.

[O.] P. (text unchanged)

[P.] Q. Hosting Capacity.

(1)—(2) (text unchanged)

(3) A utility shall have a procedure for calculating hosting capacity accounting for either gross peak or gross minimum loading based on good engineering practice.

(4) The utility shall perform a representative sample of hosting capacity calculation validation checks at least annually, or more frequently in areas experiencing significant growth or distributed energy resource penetration. The hosting capacity calculation validation check frequency shall account for the utility's experience, good engineering practices, and judgment.

.14 Record Retention and Reporting Requirements.

A.—B. (text unchanged)

C. A utility shall file not later than April 1 of each year a report entitled “Annual Small Generator Interconnection Report” to the Commission containing the following information for the preceding calendar year:

(1)—(9) (text unchanged)

(10) Beginning April 1, 2021, a utility shall also report annually for the previous year:

(a)—(b) (text unchanged)

(c) The number of interconnection requests for inadvertent export totaled for Level 1, Level 2, Level 3, and Level 4 that were approved, denied, or suspended due to non-compliance [pursuant to Regulation .06P(1)(g) of this chapter];

(d) The number of interconnection requests for net system capacity totaled for Level 1, Level 2, Level 3, and Level 4 that were approved, denied, or suspended due to non-compliance [pursuant to Regulation .06P(1)(g) of this chapter];

(e)—(f) (text unchanged)

(11) [Beginning April 1, 2023, a utility shall also report annually for the previous year:] Beginning April 1, 2024, if Volt-Watt control is implemented in a utility’s default utility required inverter settings profile, a utility shall also report for the electric distribution system annually for the previous year:

[(a) The number of approved interconnection requests totaled for Level 1, Level 2, Level 3, and Level 4 that utilize default utility required inverter setting profiles; and

(b) The number of approved interconnection requests totaled for Level 1, Level 2, Level 3, and Level 4 that utilize site-specific utility required inverter setting profiles.]

(a) Number of total interconnection customer complaints about smart inverter related curtailments;

(b) Number of smart inverter related curtailment interconnection customer complaints resolved by utility;

(c) Number of smart inverter related curtailment interconnection customer complaints resolved by customer; and

(d) Number of smart inverter related interconnection customer curtailment complaints unresolved.

D.—G. (text unchanged)

ANDREW S. JOHNSTON
Executive Secretary

 

Special Documents


 

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Final Determination to Issue Stormwater Permit — Prince George’s County, Maryland

No. 20-DP-3314, NPDES No. MD 0068284

 

     The Maryland Department of the Environment (Department) reached a final determination to issue a National Pollutant Discharge Elimination System (NPDES) permit to Prince George’s County (Discharge Permit No. 20-DP-3314, NPDES No. MD0068284) for Discharges from Large Municipal Separate Storm Sewer Systems (MS4) on December 2, 2022.  This permit covers stormwater discharges into, through, or from the storm drain system owned or operated by Prince George’s County and all incorporated municipalities within the County except for the City of Bowie.  Permit requirements include implementing comprehensive stormwater management programs for addressing runoff from new and redevelopment projects, restoring urban areas where there is currently little or no stormwater management, and working toward meeting stormwater wasteload allocations for local water resources and the Chesapeake Bay.  Also included in the permit are conditions that require the County to possess the necessary legal authority to control stormwater discharges, map its storm drain system, monitor urban runoff, and eliminate illicit discharges to the storm drain system.  The Department has met with various stakeholders over the past several years regarding this permit, held a public hearing on December 15, 2021 to accept testimony, and accepted public comments through February 4, 2022.  It is the Department’s final determination that this permit complies with the United States Environmental Protection Agency’s NPDES regulations to control stormwater pollutant discharges from the County’s storm drain system to the maximum extent practicable.

     The Department’s final determination is subject to judicial review at the request of any person that meets the threshold standing requirements under federal law and participated in the public participation process through the submission of written or oral comments.  The final determination may be found on the Department’s website at mde.maryland.gov or by contacting Mr. Stewart Comstock, Maryland Department of the Environment, 1800 Washington Blvd., Suite 440, Baltimore, Maryland 21230-1708, or call (410) 537-3543.  Requests for judicial review in accordance with §1-601 and §1-605 of the Environment Article need to be made on or before January 2, 2023. 

[22-26-05]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 22-WQC-0044

 

U.S. National Park Service – C&O Canal National Historical Park

142 Potomac Street

Williamsport, MD 21795

 

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-0044.

 

Location: C&O Canal National Historical Park between Locks 21 and 23 in Montgomery County

 

The purpose of the project is to partially restore the historic depth of the C&O Canal

Temporary impacts to 217,000 square feet of stream; permanent impacts to 1,080 square feet of stream.

 

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:  Melissa Knapp at melissa.knapp@maryland.gov or 410-218-7451.

[22-26-06]

 

 

 

 

MARYLAND HEALTH CARE COMMISSION

AVERAGE ANNUAL OCCUPANCY RATES BY JURISDICTION AND FACILITY
SPECIAL CHRONIC HOSPITAL BEDS
MARYLAND, FISCAL YEARS 2020 — 2022

Jurisdiction/Facility

Average Annual Occupancy Rate (%)

FY 2020

FY 2021

FY 2022

Baltimore City

 

 

 

  Johns Hopkins Bayview Medical Center

11.9

11.0

20.9

  Levindale Hebrew Geriatric Center and Hospital 

85.0

72.8

67.2

  University of Maryland Medical Center Midtown Campus

119.0

94.6

89.4

  University of Maryland Rehabilitation & Orthopaedic Institute

42.2

32.5

36.4

Prince George’s County

 

 

 

  University of Maryland Prince George’s Hospital Center

51.8

26.4

0

 

SUBTOTAL:  Private Chronic Hospitals

60.0

48.6

50.5

 

 

 

 

 Washington County

 

 

 

  Western Maryland Hospital Center

13.7

10.6

8.8

Wicomico County

 

 

 

  Deer’s Head Hospital Center

6.1

6.4

4.7

 

SUBTOTAL: State-Operated Chronic Hospitals

9.8

8.4

6.7

 

 

 

 

MARYLAND TOTAL

43.0

35.0

35.2

 

Sources:  Maryland Health Care Commission and Maryland Department of Health (bed inventory); Health Services Cost Review Commission’s Inpatient Confidential Files (private chronic hospital patient days); and Maryland Department of Health’s Hospital Management Information System (state-operated chronic hospital patient days).

 

Notes:  The average annual chronic hospital bed occupancy rates are calculated based on the number of patient days divided by the number of licensed bed days available during the fiscal year period, ending June 30th. 

 

This table reflects corrected calculations of the occupancy rate of chronic hospital beds at University of Maryland Medical Center Midtown Campus based on a corrected bed inventory.

 

In fiscal year 2020, Johns Hopkins Bayview Medical Center converted 16 of its 76 licensed chronic hospital beds to special rehabilitation hospital beds. The average annual bed occupancy rate for FY 2020 reflects that change in bed capacity at Johns Hopkins Bayview Medical Center.

 

In fiscal year 2021, University of Maryland Prince George’s Hospital Center temporarily delicensed its 12 special hospital-chronic care beds, effective April 1, 2021. The average annual bed occupancy rate for FY 2021 reflects that change in bed capacity at UM Prince George’s Hospital Center.

 

In fiscal year 2022, University of Maryland Prince George’s Hospital Center’s 12 chronic hospital beds ceased to operate.

[22-26-04]

 

 

USE OF SPECIAL CHRONIC HOSPITAL BEDS: MARYLAND, FY 2022

Jurisdiction/Facility

Licensed Beds

Patient Days

Discharges

Average Length of Stay (Days)

Average Annual Occupancy Rate

PRIVATE HOSPITALS

 

 

 

 

 

Baltimore City

Johns Hopkins Bayview Medical Center

60

4,582

58

79

20.9%

Levindale Hebrew Geriatric Center and Hospital 

100

24,476

736

33

67.1%

University of Maryland Medical Center Midtown Campus

22

7,180

92

78

89.4%

University of Maryland Rehabilitation & Orthopaedic Institute1

52

6,908

263

26

36.4%

SUBTOTAL: Private Chronic Hospitals

234

43,146

1,149

38

50.5%

 

STATE-OPERATED HOSPITALS

Washington County

Western Maryland Hospital Center2

60

1,937

29

67

8.8%

Wicomico County

Deer’s Head Hospital Center3

66

1,137

41

28

4.7%

SUBTOTAL: State-Operated Chronic Hospitals4

126

3,074

70

44

6.7%

 

MARYLAND TOTAL5

360

46,220

1,219

38

35.2%

 

 

 

 

 

 

Sources:  Bed Inventory:  Maryland Health Care Commission and the Maryland Department of Health.

Utilization: Health Services Cost Review Commission’s Inpatient Confidential Files (private chronic hospitals); and Maryland Department of Health’s Hospital Management Information System (state-operated chronic hospitals).

 

1 University of Maryland Rehabilitation and Orthopaedic Institute’s 52 chronic hospital beds include 16 dually licensed chronic/ rehabilitation beds.

2 Western Maryland Hospital Center’s occupancy rate, based on its reported 19 budgeted chronic hospital beds, would be 27.9 percent.

3 Deer’s Head Hospital Center’s occupancy rate, based on its 11 budgeted chronic hospital beds, would be 28.3 percent.

4 The occupancy rate for the two State-operated chronic hospitals, based on the total 30 budgeted chronic hospital beds, would be 28.1 percent.

The statewide chronic hospital bed occupancy rate, based on the 234 licensed beds at the four private facilities and the 30 budgeted beds at the two state-operated facilities would be 48 percent.

[22-26-03]

 

 

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.

 

MARYLAND HEALTH CARE COMMISSION

Subject: Formal Start of Review

Add'l. Info: The Maryland Health Care Commission (MHCC) hereby gives notice of docketing of the following application for Certificate of Need:

     Pascal Crisis Stabilization Center — Docket No.  22-02-2459 — Establish a 25-bed Track 2 alcoholism and drug abuse intermediate care facility within the existing Pascal Crisis Stabilization Center located at 43 Community Place, Crownsville; Proposed Cost:  $20,500.

MHCC shall review the applications under Maryland Health-General Code Annotated, Section 19-101 et seq., COMAR 10.24.01, and the applicable State Health Plan standards.

     Any affected person may make a written request to the Commission to receive copies of relevant notices concerning the application. All further notices of proceedings on the application will be sent only to affected persons who have registered as interested parties.

     Persons desiring to become interested parties in the Commission’s review of the above-referenced application must meet the requirements of COMAR 10.24.01.01B(2) and (20) and must also submit written comments to the Commission no later than close of business January 17, 2023. These comments must state with particularity the State Health Plan standards or review criteria that you believe have not been met by the applicant as stated in COMAR 10.24.01.08F.

     Please refer to the Docket Number listed above in any correspondence on the application(s). Copies of the application are available for review in the office of MHCC during regular business hours by appointment. All correspondence should be addressed to Paul E. Parker, Director, Center for Health Care Facilities Planning and Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215.

Contact: Ruby Potter 410-764-3276

[22-26-07]

 

NORTHEAST MARYLAND WASTE DISPOSAL AUTHORITY

Subject: Public Meetings Notice Procedure

Add'l. Info: The Authority gives notice of meetings by posting a notice on its website under “Documents/Media Room” —subcategory “Press Releases/Notices,” also accessible through “Quick Links” Authority Board Meetings, and at the entrance of its offices. Notice is hereby given that the Authority’s website address is nmwda.org; its offices are located at Tower II — Suite 402, 100 S. Charles Street, Baltimore, Maryland. Notice is also hereby given that portions of Authority meetings may be held in closed session.

Contact: Kimberly Gordon 410-333-2730

[22-26-01]