Capitol Building Maryland Register

Issue Date:  January 26, 2024

Volume 51 •  Issue 2  • Pages 63 — 122

IN THIS ISSUE

Governor

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 8, 2024 5 p.m.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 January 8, 2024.
 
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.

OW 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.

Wes Moore, Governor; Susan C. Lee, 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 .......................................................................  67

 

COMAR Research Aids

Table of Pending Proposals .............................................................  68

 

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name                                                  Page

08        Department of Natural Resources .......................................  76

10        Maryland Department of Health ..........................................  78

12        Department of Public Safety and Correctional Services .......  95

13A     State Board of Education ...............................................  76, 95

14        Independent Agencies .........................................................  97

15        Maryland Department of Agriculture ................................  110

20        Public Service Commission .................................................  76

21        State Procurement Regulations .........................................  112

26        Department of the Environment ..........................................  77

30        Maryland Institute for Emergency Medical Services
Systems (MIEMSS) .................................................  77, 117

 

PERSONS WITH DISABILITIES

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

 

The Governor

EXECUTIVE ORDER 01.01.2024.02

Catalyzing the Responsible and Productive Use of Artificial Intelligence in Maryland State Government  71

EXECUTIVE ORDER 01.01.2024.03

Declaration of a State of Preparedness ....................................  72

EXECUTIVE ORDER 01.01.2024.04

Re-establishing the Joint Enforcement Task Force on
   Workplace Fraud .  73

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS ....................................  75

 

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Sharks .  76

Gear  76

13A STATE BOARD OF EDUCATION

FAMILY CHILD CARE

Scope and Definitions .  76

Home Environment and Equipment  76

Child Safety .  76

Health .  76

CHILD CARE CENTERS

Scope and Definitions .  76

Physical Plant and Equipment  76

Safety .  76

Health .  76

CHILD CARE—LETTERS OF COMPLIANCE

Scope and Definitions .  76

Physical Plant and Equipment  76

Safety .  76

Health .  76

LARGE FAMILY CHILD CARE HOMES

Scope and Definitions .  76

Home Environment and Equipment  76

Safety .  76

Health .  76

20 PUBLIC SERVICE COMMISSION

COMMUNITY CHOICE AGGREGATION

General  76

CCA Pre-Enrollment Information .  76

Transfers of Service .  76

CCA Utility Coordination and Billing .  76

Customer Protection .  76

CCA Aggregation Plan Requirements and Application
   Process ..................................................................................  76

CCA Pilot Program Termination .  76

Historical and Forecast Electricity Price Trends .  76

CCA Non-Commodity Fees and Charges Tariff
   Structure .  76

Data Exchange .  76

Data Privacy .  76

Transition to CCA from SOS .  76

Recovery of Uncollectible SOS Expense from CCA
   Customers .  76

SOS Risk Mitigation and Pilot Annual Reporting .  76

CCA Coordination Tariff  76

26 DEPARTMENT OF ENVIRONMENT

WATER POLLUTION

Water Quality .  77

30 MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

EMS OPERATIONAL PROGRAMS

Base Stations .  77

 

Proposed Action on Regulations

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Nursing Facility Services .  78

Maryland Children's Health Program ..  79

Medical Assistance Eligibility .  79

Maryland Children's Health Program (MCHP)
   Premium ................................................................................  79

Pharmacists ..............................................................................  81

FOOD

Production, Processing, Transportation, Storage, and
   Distribution of Grade “A” Milk .  82

BOARD OF PHYSICIANS

General Licensure Regulations .  83

BOARD OF PHARMACY

Pharmacist Prescribing of a Nicotine Replacement Therapy
   Medication .  84

BOARD OF OCCUPATIONAL THERAPY PRACTICE

Dry Needling .  85

BOARD OF MASSAGE THERAPY EXAMINERS

Rules of Procedure for Board Hearings .  86

Code of Ethics .  86

Advertising .  86

Continuing Education Requirements .  86

Record Keeping .  86

Sanctioning Guidelines .  86

12 DEPARTMENT OF PUBLIC SAFETY AND
   CORRECTIONAL SERVICES

OFFICE OF THE SECRETARY

Private Home Detention Monitoring Agencies .  95

13A STATE BOARD OF EDUCATION

CHILD CARE CENTERS

Child Supervision .....................................................................  95

Safety .......................................................................................  95

CHILD CARE — LETTERS OF COMPLIANCE

Safety .......................................................................................  95

14 INDEPENDENT AGENCIES

STATE HIGHER EDUCATION LABOR RELATIONS
   BOARD

Definitions .  97

General  97

Executive Director  97

Petitions .  97

Elections .  97

Denial or Revocation of Certification .  97

Unfair Labor Practices .  97

Permissible Labor-Related Activities .  97

Collective Bargaining .  97

Impasse Procedures .  97

Hearings .  97

Procedures Governing Employee Information .  97

PUBLIC EMPLOYEE RELATIONS BOARD

Definitions .  97

Board Policy .............................................................................  97

General Course and Method of Operation .  97

Filing .  97

Computation of Time Periods .  97

Requests for and Inspection of Board Documents .  97

Petition for Adoption of Regulation .  97

Procedures Applicable to All Proceedings .  97

Unfair Labor Practice Proceedings .  97

Representation Elections .  97

Decertification Elections .  97

Petitions for Unit Clarification .  97

Collective Bargaining .  97

Impasse Procedures for Collective Bargaining .  97

Negotiability Disputes .  97

STATE LABOR RELATIONS BOARD

General Provisions .  109

General Practice and Hearing Procedures .  109

Bargaining Unit and Bargaining Representative Determination .  109

Elections .  109

Unfair Labor Practice Complaint Process .  109

Collective Bargaining, Negotiations, and Negotiability
   Disputes .  109

Mediation Procedures .  109

Procedures Governing Employee Information .  109

PUBLIC SCHOOL LABOR RELATIONS BOARD

Recognition of Employee Organizations .  110

Negotiability Dispute .  110

Impasse Determination .  110

Charge of Statutory Violation .  110

Public Information Act Requests .  110

Attendance, Recording, Photographing, and Broadcasting of
   Open Sessions .  110

15 MARYLAND DEPARTMENT OF AGRICULTURE

OFFICE OF THE SECRETARY

Cost Sharing—Water Pollution Control Program ..  110

BOARD OF VETERINARY MEDICAL EXAMINERS

Fees ..........................................................................................  111

21 STATE PROCUREMENT REGULATIONS

STATE PROCUREMENT REGULATIONS AND
   CONTRACTS

Electronic Transactions .  112

PROCUREMENT METHODS AND PROJECT DELIVERY
   METHODS

Small Procurement Regulations ($100,000 or Less)  112

Mandatory Written Solicitation Requirements .  112

Intergovernmental Cooperative Purchasing .  112

SOCIOECONOMIC POLICIES

Small Business Procurements .  112

American-Manufactured Goods and Services
   — Preference .  112

PROCUREMENT REPORTING REQUIREMENTS

Reporting Requirements .  112

SOCIOECONOMIC POLICIES

Veteran-Owned Small Business Enterprises .  115

30 MARYLAND INSTITUTE FOR EMERGENCY
   MEDICAL SERVICES SYSTEMS (MIEMSS)

COMMERCIAL AMBULANCE SERVICES

Definitions .  117

Specialty Care Transport Services .  117

 

Special Documents

DEPARTMENT OF THE ENVIRONMENT

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 23-WQC-0029 .  119

Water Quality Certification 23-WQC-0031 .  119

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF CONFORMANCE
   REVIEWS — PERCUTANEOUS CORONARY
   INTERVENTION SERVICES
......................................  120

DEPARTMENT OF STATE POLICE

HANDGUN ROSTER BOARD

Proposed Additions to Handgun Roster and Notice of Right
   to Object or Petition
.  120

 

General Notices

STATE COLLECTION AGENCY LICENSING BOARD

Public Meeting .........................................................................  121

DEPARTMENT OF THE ENVIRONMENT

Public Meeting .........................................................................  121

FIRE PREVENTION COMMISSION

Public Meeting .........................................................................  121

MARYLAND DEPARTMENT OF HEALTH

Public Hearing .  121

MARYLAND DEPARTMENT OF HEALTH/STATE
   COMMUNITY HEALTH WORKER ADVISORY
   COMMITTEE

Public Meeting .  121

MARYLAND HEALTH CARE COMMISSION

Request for Proposed Project Change to Approved Exemption
   Request  122

Receipt of Exemption Request  122

BOARD OF WATERWORKS AND WASTE SYSTEMS
   OPERATORS

Public Meeting .........................................................................  122

 

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
DECEMBER 2024

Issue
Date

Emergency

and Proposed

Regulations

5 p.m.*

Notices, etc.

10:30 a.m.

Final

Regulations

10:30 a.m.

2024

February 9

January 22

January 29

January 31

February 23

February 5

February 12

February 14

March 8

February 16**

February 26

February 28

March 22

March 4

March 11

March 13

April 5

March 18

March 25

March 27

April 19

April 1

April 8

April 10

May 3

April 15

April 22

April 24

May 17

April 29

May 6

May 8

May 31

May 13

May 20

May 22

June 14

May 24**

June 3

June 5

June 28

June 10

June 17

June 18**

July 12

June 24

July 1

July 3

July 26

July 8

July 15

July 17

August 9

July 22

July 29

July 31

August 23

August 5

August 12

August 14

September 6

August 19

August 26

August 28

September 20

August 30**

September 9

September 11

October 4

September 16

September 23

September 25

October 18

September 30

October 7

October 9

November 1

October 11**

October 21

October 23

November 15

October 28

November 4

November 6

December 2***

November 8**

November 18

November 20

December 13

November 25

December 2

December 4

December 27

December 9

December 16

December 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 and corrections pertaining to proposed regulations are listed, followed by “(err)” or “(corr),” respectively. 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.

 

05 DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

 

05.03.09.01—.11 • 50:7 Md. R. 304 (4-7-23)

 

08 DEPARTMENT OF NATURAL RESOURCES

 

08.01.03.11,.12 • 50:25 Md. R. 1092 (12-15-23)

08.02.03.01,.10,.12—.14 • 51:1 Md. R. 17 (1-12-24)

08.02.03.07 • 51:1 Md. R. 20 (1-12-24)

08.02.04.04 • 51:1 Md. R. 27 (1-12-24)

08.02.05.07 • 51:1 Md. R. 29 (1-12-24)

08.02.15.04,.05,.07 • 50:20 Md. R. 904 (10-6-23)

08.02.23.04 • 51:1 Md. R. 27 (1-12-24)

08.02.26.01—.06 • 51:1 Md. R. 30 (1-12-24)

08.18.18.03 • 50:26 Md. R. 1134 (12-29-23)

 

09 MARYLAND DEPARTMENT OF LABOR

 

09.08.01.18 • 50:25 Md. R. 1093 (12-15-23)

09.08.07.02 • 50:25 Md. R. 1093 (12-15-23)

09.09.01.03 • 51:1 Md. R. 32 (1-12-24)

09.10.02.43,.53 • 50:24 Md. R. 1046 (12-1-23)

09.11.09.02 • 50:26 Md. R. 1135 (12-29-23)

09.13.05.03 • 50:26 Md. R. 1136 (12-29-23)

09.14.02.01,.02,.06-1,.06-2 • 50:25 Md. R. 1094 (12-15-23)

09.14.07.03,.05 • 50:25 Md. R. 1094 (12-15-23)

09.15.01.03 • 50:25 Md. R. 1094 (12-15-23)

09.15.02.07 • 50:22 Md. R. 985 (11-3-23)

09.16.01.08 • 50:25 Md. R. 1095 (12-15-23)

09.17.03.03 • 50:25 Md. R. 1096 (12-15-23)

09.18.01.03 • 50:25 Md. R. 1097 (12-15-23)

09.20.05.03 • 50:25 Md. R. 1098 (12-15-23)

09.21.04.03 • 50:26 Md. R. 1136 (12-29-23)

09.22.01.12 • 50:25 Md. R. 1099 (12-15-23)

09.23.04.03 • 50:26 Md. R. 1137 (12-29-23)

09.24.01.09 • 50:26 Md. R. 1138 (12-29-23)

09.28.03.03 • 50:26 Md. R. 1139 (12-29-23)

09.33.02.01—.09 • 50:25 Md. R. 1100 (12-15-23)

09.34.01.01,.02,.04,.05 • 51:1 Md. R. 33 (1-12-24)

09.34.01.13 • 51:1 Md. R. 34 (1-12-24)

09.34.02.01 • 51:1 Md. R. 33 (1-12-24)

09.34.03.01,.02 • 51:1 Md. R. 35 (1-12-24)

09.34.04.01—.03 • 51:1 Md. R. 33 (1-12-24)

09.36.07.02 • 50:17 Md. R. 772 (8-25-23)

09.36.08.02 • 50:25 Md. R. 1101 (12-15-23)

 

10 MARYLAND DEPARTMENT OF HEALTH

 

     Subtitle 09 (2nd volume)

 

10.09.02.05,.07 • 50:24 Md. R. 1048 (12-1-23) (ibr)

10.09.06.09 • 51:1 Md. R. 36 (1-12-24)

10.09.10.07,.08 • 51:2 Md. R. 78 (1-26-24)

10.09.11.11 • 51:2 Md. R. 79 (1-26-24)

10.09.16.01—.13 • 50:4 Md. R. 136 (2-24-23)

10.09.21.02—.06 • 51:2 Md. R. 81 (1-26-24)

10.09.24.02,.07,.12 • 51:2 Md. R. 79 (1-26-24)

10.09.24.03 • 50:18 Md. R. 814 (9-8-23)

10.09.36.03-2 • 50:18 Md. R. 814 (9-8-23)

10.09.39.02,.06 • 50:24 Md. R. 1049 (12-1-23)

10.09.43.10,.13 • 51:2 Md. R. 79 (1-26-24)

10.09.80.01,.05,.08 • 51:1 Md. R. 37 (1-12-24)

10.09.92.04,.05 • 51:1 Md. R. 38 (1-12-24)

 

     Subtitles 10—22 (3rd volume)

 

10.11.08.01—.06 • 51:1 Md. R. 39 (1-12-24)

10.15.06.02,.03,.05,.10,.11 • 51:2 Md. R. 82 (1-26-24) (ibr)

 

     Subtitles 23—36 (4th volume)

 

10.24.10.01 • 50:24 Md. R. 1050 (12-1-23) (ibr)

10.25.07.02,.04,.05,.09 • 51:1 Md. R. 41 (1-12-24)

10.25.18.01—.04,.06,.07,.09—.11 • 51:1 Md. R. 43 (1-12-24)

10.27.01.05 • 50:20 Md. R. 907 (10-6-23)

10.32.01.10 • 51:2 Md. R. 83 (1-26-24)

10.34.42.01—.03 • 51:2 Md. R. 84 (1-26-24)

 

     Subtitles 37—52 (5th volume)

 

10.41.01.01—.04 • 50:16 Md. R. 738 (8-11-23)

10.41.02.01,.02,.04 • 50:16 Md. R. 738 (8-11-23)

10.41.03.02,.03,.05,.06 • 50:16 Md. R. 738 (8-11-23)

10.41.04.01,.02,.06,.08 • 50:16 Md. R. 738 (8-11-23)

10.41.05.01—.07 • 50:16 Md. R. 738 (8-11-23)

10.41.08.01-1,.02,.06,.08,.11,.12,.14 • 50:16 Md. R. 738 (8-11-23)

10.41.09.02 • 50:16 Md. R. 738 (8-11-23)

10.41.11.01—.10 • 50:16 Md. R. 738 (8-11-23)

10.41.13.02,.04 • 50:16 Md. R. 738 (8-11-23)

10.44.01.01—.39 • 50:20 Md. R. 911 (10-6-23)

10.44.19.05—.12 • 50:24 Md. R. 1051 (12-1-23)

10.44.20.02 • 50:20 Md. R. 918 (10-6-23)

10.44.22.02,.04—.06,.08—.15 • 50:20 Md. R. 918 (10-6-23)

10.46.09.01—.04 • 51:2 Md. R. 85 (1-26-24)

 

     Subtitles 53—68 (6th volume)

 

10.53.08.05 • 50:17 Md. R. 773 (8-25-23)

10.53.09.01—.04 • 50:17 Md. R. 773 (8-25-23)

10.60.01.03,.05 • 50:18 Md. R. 816 (9-8-23)

10.60.02.08,.09 • 50:25 Md. R. 1102 (12-15-23)

10.60.03.01—.05 • 50:25 Md. R. 1102 (12-15-23)

10.63.01.02,.05 • 50:4 Md. R. 143 (2-24-23)

10.63.02.02 • 50:4 Md. R. 143 (2-24-23)

10.63.03.20,.21 • 50:4 Md. R. 143 (2-24-23)

10.65.02.06,.09 • 51:2 Md. R. 86 (1-26-24)

10.65.03.02—.09 • 51:2 Md. R. 86 (1-26-24)

10.65.04.01—.06 • 51:2 Md. R. 86 (1-26-24)

10.65.05.01—.04 • 51:2 Md. R. 86 (1-26-24)

10.65.06.01,.02 • 51:2 Md. R. 86 (1-26-24)

10.65.09.01—.06 • 51:2 Md. R. 86 (1-26-24)

10.67.04.20 • 50:24 Md. R. 1049 (12-1-23)

10.67.06.28 • 50:24 Md. R. 1049 (12-1-23)

 

11 DEPARTMENT OF TRANSPORTATION

 

     Subtitles 11—23 (MVA)

 

11.12.01.14 • 50:15 Md. R. 698 (7-28-23)

 

12 DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

 

12.02.20.01—.08 • 50:24 Md. R. 1052 (12-1-23)

12.03.03.01—.12 • 50:24 Md. R. 1052 (12-1-23)

12.11.10.06 • 51:2 Md. R. 95 (1-26-24)

12.12.20.01—.08 • 50:24 Md. R. 1052 (12-1-23)

 

13A STATE BOARD OF EDUCATION

 

13A.07.06.01—.15 • 50:14 Md. R. 621 (7-14-23) (ibr)

13A.08.01.17 • 50:20 Md. R. 924 (10-6-23)

13A.12.01.01—.14 • 50:14 Md. R. 633 (7-14-23)

13A.12.02.01—.29 • 50:14 Md. R. 633 (7-14-23)

13A.12.03.01—.12 • 50:14 Md. R. 633 (7-14-23)

13A.12.04.01—.16 • 50:14 Md. R. 633 (7-14-23)

13A.12.05.01—.15 • 50:14 Md. R. 633 (7-14-23)

13A.12.06.01—.09 • 50:14 Md. R. 633 (7-14-23)

13A.12.07.01—.08 • 50:14 Md. R. 633 (7-14-23)

                                  50:15 Md. R. 707 (7-28-23) (err)

13A.15.05.06 • 51:1 Md. R. 50 (1-12-24)

13A.15.09.01 • 51:1 Md. R. 50 (1-12-24)

13A.15.10.06 • 51:1 Md. R. 50 (1-12-24)

13A.16.08.03 • 51:2 Md. R. 95 (1-26-24)

13A.16.09.01,.04 • 51:1 Md. R. 50 (1-12-24)

13A.16.10.02 • 51:2 Md. R. 95 (1-26-24)

13A.16.10.05 • 51:1 Md. R. 50 (1-12-24)

13A.17.10.02 • 51:2 Md. R. 95 (1-26-24)

13A.18.09.01,.04 • 51:1 Md. R. 50 (1-12-24)

13A.18.10.05 • 51:1 Md. R. 50 (1-12-24)

 

13B MARYLAND HIGHER EDUCATION COMMISSION

 

13B.08.20.02—.13 • 50:4 Md. R. 158 (2-24-23)

 

14 INDEPENDENT AGENCIES

 

14.07.04.01,.03—.06 • 50:24 Md. R. 1057 (12-1-23)

14.26.02.01—.12 • 50:26 Md. R. 1140 (12-29-23)

14.26.03.01—.13 • 50:26 Md. R. 1142 (12-29-23)

14.30.01.01 • 51:2 Md. R. 97 (1-26-24)

14.30.02.01—.05 • 51:2 Md. R. 97 (1-26-24)

14.30.03.01,.02 • 51:2 Md. R. 97 (1-26-24)

14.30.04.01—.12 • 51:2 Md. R. 97 (1-26-24)

14.30.05.01—.17 • 51:2 Md. R. 97 (1-26-24)

14.30.06.01,.02 • 51:2 Md. R. 97 (1-26-24)

14.30.07.01—.04 • 51:2 Md. R. 97 (1-26-24)

14.30.08.01—.26 • 51:2 Md. R. 97 (1-26-24)

14.30.09.01—.03 • 51:2 Md. R. 97 (1-26-24)

14.30.10.01—.24 • 51:2 Md. R. 97 (1-26-24)

14.30.11.01—.27 • 51:2 Md. R. 97 (1-26-24)

14.30.12.01—.05 • 51:2 Md. R. 97 (1-26-24)

14.30.13.01 • 51:2 Md. R. 97 (1-26-24)

14.30.14.01—.05 • 51:2 Md. R. 97 (1-26-24)

14.30.15.01,.02 • 51:2 Md. R. 97 (1-26-24)

14.32.01.01—.06 • 51:2 Md. R. 109 (1-26-24)

14.32.02.01—.22 • 51:2 Md. R. 109 (1-26-24)

14.32.03.01—.07 • 51:2 Md. R. 109 (1-26-24)

14.32.04.01—.06 • 51:2 Md. R. 109 (1-26-24)

14.32.05.01—.05 • 51:2 Md. R. 109 (1-26-24)

14.32.06.01—.03 • 51:2 Md. R. 109 (1-26-24)

14.32.07.01 • 51:2 Md. R. 109 (1-26-24)

14.32.08.01 • 51:2 Md. R. 109 (1-26-24)

14.34.01.01—.03 • 51:2 Md. R. 110 (1-26-24)

14.34.02.01 • 51:2 Md. R. 110 (1-26-24)

14.34.03.01 • 51:2 Md. R. 110 (1-26-24)

14.34.04.01—.17 • 51:2 Md. R. 110 (1-26-24)

14.34.05.01—.12 • 51:2 Md. R. 110 (1-26-24)

14.34.06.01—.04 • 51:2 Md. R. 10 (1-26-24)

14.35.07.08,.12,.14,.19 • 50:22 Md. R. 988 (11-3-23)

14.35.14.06,.07 • 50:22 Md. R. 988 (11-3-23)

14.35.15.05,.06,.08 • 50:22 Md. R. 988 (11-3-23)

14.35.16.07 • 50:22 Md. R. 988 (11-3-23)

14.38.01.03 • 50:23 Md. R. 1011 (11-17-23)

 

15 MARYLAND DEPARTMENT OF AGRICULTURE

 

15.01.05.10 • 51:2 Md. R. 110 (1-26-24)

15.14.09.03 • 50:25 Md. R. 1103 (12-15-23)

15.14.12.02 • 51:2 Md. R. 111 (1-26-24)

 

21 STATE PROCUREMENT REGULATIONS

 

21.03.05.03 • 51:2 Md. R. 112 (1-26-24)

21.05.07.01,.04,.05 • 51:2 Md. R. 112 (1-26-24)

21.05.08.05 • 51:2 Md. R. 112 (1-26-24)

21.05.09.05 • 51:2 Md. R. 112 (1-26-24)

21.11.01.06 • 51:2 Md. R. 112 (1-26-24)

21.11.14.02—.04,.06,.07,.09,.12 • 51:2 Md. R. 115 (1-26-24)

21.11.15.04 • 51:2 Md. R. 112 (1-26-24)

21.13.01.03,.15 • 51:2 Md. R. 112 (1-26-24)

 

26 DEPARTMENT OF THE ENVIRONMENT

 

     Subtitles 08—12 (Part 2)

 

26.11.40.02,.03 • 50:24 Md. R. 1059 (12-1-23)

 

     Subtitles 19—28 (Part 4)

 

26.28.01.01—.03 • 50:25 Md. R. 1104 (12-15-23) (ibr)

26.28.02.01—.05 • 50:25 Md. R. 1104 (12-15-23)

26.28.03.01,.02 • 50:25 Md. R. 1104 (12-15-23)

26.28.04.01—.03 • 50:25 Md. R. 1104 (12-15-23)

26.30.01.01—.08 • 51:1 Md. R. 52 (1-12-24)

26.30.02.01—.09 • 51:1 Md. R. 52 (1-12-24)

26.30.03.01—.03 • 51:1 Md. R. 52 (1-12-24)

26.30.04.01,.02 • 51:1 Md. R. 52 (1-12-24)

 

30 MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

 

30.01.01.02 • 50:24 Md. R. 1061 (12-1-23)

30.01.02.01 • 50:24 Md. R. 1064 (12-1-23) (ibr)

30.02.02.04,.06—.09 • 50:24 Md. R. 1061 (12-1-23)

30.09.01.02 • 51:2 Md. R. 117 (1-26-24)

30.09.14.04 • 51:2 Md. R. 117 (1-26-24)

 

33 STATE BOARD OF ELECTIONS

 

33.07.07.01 • 50:26 Md. R. 1147 (12-29-23)

33.07.09.01—.04 • 50:26 Md. R. 1147 (12-29-23)

33.11.01.04 • 50:26 Md. R. 1148 (12-29-23)

33.11.03.02,.08 • 50:26 Md. R. 1147 (12-29-23)

33.11.03.06 • 50:23 Md. R. 1029 (11-17-23)

33.11.04.03 • 50:23 Md. R. 1029 (11-17-23)

33.11.05.04 • 50:26 Md. R. 1148 (12-29-23)

33.16.03.01 • 50:26 Md. R. 1147 (12-29-23)

33.16.06.04 • 50:23 Md. R. 1029 (11-17-23)

33.17.06.10 • 50:26 Md. R. 1147 (12-29-23)

 

35 DEPARTMENT OF VETERANS AFFAIRS

 

35.01.01.02 • 50:25 Md. R. 1115 (12-15-23)

35.03.01.03,.05,.09,.10 • 50:25 Md. R. 1115 (12-15-23)

                                         51:1 Md. R. 58 (1-12-24) (err)

 

36 MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

 

36.03.01.02 • 50:26 Md. R. 1149 (12-29-23)

36.03.02.06,.12—.14,.16,.17 • 50:26 Md. R. 1149 (12-29-23)

36.03.03.01,.05—.07,.10 • 50:26 Md. R. 1149 (12-29-23)

36.03.06.03 • 50:26 Md. R. 1149 (12-29-23)

36.03.08.02,.04 • 50:26 Md. R. 1149 (12-29-23)

36.03.10.16,.20,.21,.34 • 50:26 Md. R. 1149 (12-29-23)

36.03.11.05 • 50:26 Md. R. 1149 (12-29-23)

36.04.01.11 • 50:26 Md. R. 1149 (12-29-23)

36.04.02.01,.02 • 50:26 Md. R. 1149 (12-29-23)

36.07.02.12,.18 • 50:26 Md. R. 1149 (12-29-23)

36.10.01.02 • 50:26 Md. R. 1149 (12-29-23)

36.10.02.10,.14 • 50:26 Md. R. 1149 (12-29-23)

36.10.03.02,.04 • 50:26 Md. R. 1149 (12-29-23)

36.10.04.02—.06 • 50:26 Md. R. 1149 (12-29-23)

36.10.05.01,.02 • 50:26 Md. R. 1149 (12-29-23)

36.10.06.02—.07,.09,.11 • 50:26 Md. R. 1149 (12-29-23)

36.10.10.03 • 50:26 Md. R. 1149 (12-29-23)

36.10.13.20,34,.40,.41 • 50:26 Md. R. 1149 (12-29-23)

36.10.14.03,.06 • 50:26 Md. R. 1149 (12-29-23)

36.10.15.03,.04 • 50:26 Md. R. 1149 (12-29-23)

36.11.02.20 • 50:26 Md. R. 1149 (12-29-23)

 

The Governor

EXECUTIVE ORDER 01.01.2024.02

Catalyzing the Responsible and Productive Use of Artificial Intelligence in Maryland State Government

 

WHEREAS, Artificial intelligence (AI) is transforming society and work in myriad ways, and the pace of that change will continue to accelerate — unlocking new opportunities and risks for Maryland’s residents, workers, and economy;

 

WHEREAS, To meet the moment, the State must begin its work to ensure the use of AI in Maryland state government is responsible, ethical, beneficial, and trustworthy;

 

WHEREAS, Maryland is home to a rich and growing AI ecosystem of academic, industry, government, and civil society experts, researchers, builders, organizers, and stakeholders;

 

WHEREAS, To foster an environment for innovation while respecting individuals, employees, and civil rights, as AI technologies are developed and evolve, they should be analyzed and monitored by government officials, industry experts, consumer protection advocates, and other stakeholders;

 

WHEREAS, Given the rapid rate of change in AI technologies and industry, the State must chart a principled yet adaptable, pragmatic path forward, so that the technology’s benefits can be confidently harnessed on behalf of Marylanders and in service of our mission to Leave No One Behind; and

 

WHEREAS, Leaders across Maryland government share a common interest in establishing effective AI governance, and are committed to working together to develop the legal and policy framework for its responsible use in the State.

 

NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND,  HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Definitions. In this Executive Order, the following terms have the meaning indicated.

1. The term “artificial intelligence” or “AI” has the meaning set forth in 15 U.S.C. § 9401(3):  a machine-based system that can, for a given set of human-defined objectives, make predictions, recommendations, or decisions influencing real or virtual environments.  Artificial intelligence systems use machine- and human-based inputs to perceive real and virtual environments; abstract such perceptions into models through analysis in an automated manner; and use model inference to formulate options for information or action.

2. The term “generative AI” or “GenAI” refers to AI algorithms and models that can create new content, including audio, code, images, text, and video, based on the data they are trained on.

B. Principles. Any use of AI in Maryland state agencies shall be rooted in the following.

1. Fairness and equity.

The State’s use of AI must take into account the fact that AI systems can perpetuate harmful biases, and take steps to mitigate those risks, in order to avoid discrimination or disparate impact to individuals or communities based on their race, color, ethnicity, sex, religion, age, ancestry or national origin, disability, veteran status, marital status, sexual orientation, gender identity, genetic information, or any other classification protected by law.

2. Innovation.

When used responsibly and in human-centered and mission-aligned ways, AI has the potential to be a tremendous force for good. The State commits to exploring ways AI can be leveraged to improve State services and resident outcomes.

3. Privacy.

Individuals’ privacy rights should be preserved by design in the State’s use of AI, while ensuring that data creation, collection, and processing are secure and in line with all applicable laws and regulations.

4. Safety, security, and resiliency.

AI presents new challenges and opportunities for ensuring the safety and security of Maryland residents, infrastructure, systems, and data. The State commits to adopting best practice guidelines and standards to surface and mitigate safety risks stemming from AI, while ensuring AI tools are resilient to threats.

5. Validity and reliability.

AI systems can change over time. The State should have mechanisms to ensure that these systems are working as intended, with accurate outputs and robust performance.

6. Transparency, accountability, and explainability.

The State’s use of AI should be clearly and regularly documented and disclosed, in order to enable accountability. The outputs of AI systems in use by the State should be explainable and interpretable to oversight bodies and residents, with clear human oversight.

C. Establishment of AI Subcabinet. To ensure these principles are at the root of all AI use by Maryland state government agencies, there is hereby established an AI Subcabinet of the Governor’s Executive Council (the “AI Subcabinet”).

1. Purpose. The purpose of the AI Subcabinet is to:

a. Promote the principles set forth in this executive order among all units of State government;

b. Provide advice and recommendations to the Governor on matters related to AI; and

c. Facilitate statewide coordination on the responsible, ethical, and productive use of AI, including by recommending approaches and State policies, setting objectives and priorities, structuring workstreams, establishing working groups, and building internal and external partnerships as needed.

2. Membership. The AI Subcabinet shall include the following members.

a. The Secretary of Information Technology;

b. The Secretary of Budget and Management;

c. The Secretary of General Services;

d. The Secretary of Labor;

e. The Secretary of Commerce;

f. The Director of the Governor’s Office of Homeland Security;

g. The Chief Privacy Officer;

h. The Chief Data Officer;i. The Senior Advisor for Responsible AI; and

j. Any additional member of the Governor’s Executive Council at the discretion of the Chair.

3. Chair. The Secretary of the Department of Information Technology shall chair the AI Subcabinet.

4. The AI Subcabinet may designate working groups from the members’ agencies to assist in the performance of its duties.

5. Each Executive Branch department and agency is hereby required, to the extent not inconsistent with law, to cooperate fully with the AI Subcabinet, and to furnish such assistance - including data, reports, or other information and assistance - on as timely a basis as is necessary to accomplish the purpose of the Executive Order.

D. AI Action Plan. The AI Subcabinet shall develop and implement a comprehensive action plan that takes a phased approach to operationalizing the State’s AI principles. The elements of this plan shall draw upon emerging and established guidance such as NIST’s AI Risk Management Framework, while acknowledging that global best practices and standards in AI governance are still being formulated and evolving. It will include at a minimum:

1. A path to establishing policies, processes, standards, contracts, and playbooks that ensure any AI tools procured by the State adhere to the AI principles.

2. Developing an approach and timeline to embedding risk-based assessments for AI tools into state processes.

3. Developing an approach and timeline to move towards continuous monitoring of AI tools, to ensure they continue to reflect the state’s adopted values.

4. An approach to conducting legal analyses on an ongoing basis to evaluate evolving AI impacts to existing laws, policies, and regulations, and any necessary changes therein.

E. Promotion of AI Knowledge, Skills, and Talent in State Government. In order to upskill the state workforce and ensure access to needed AI talent, the AI Subcabinet shall:  

1. Find, evaluate, and offer training programs for state workers on the use of AI, and particularly Generative AI.

2. Explore ways to provide external AI talent, such as in academic institutions or industry, an opportunity to serve Marylanders and State government agencies via targeted, short-term projects.

F. Recommendations for Critical Domains.

1. Over time, AI may have particular influence and impact on certain sectors of Maryland’s economy, environment, and society. The AI Subcabinet shall oversee and coordinate efforts to study and provide recommendations to the Governor and the legislature for Maryland-specific approaches in the following critical domains: workforce, economic development, and security.

a. Workforce: Potential impacts of AI on the Maryland workforce in the coming decade and responses - including opportunities to upskill the workforce - in collaboration, as appropriate, with external experts, workers, labor unions, business, and civil society.

b. Economic development: Opportunities and approaches for AI to drive job and business creation and growth in Maryland.

c. Security: Mapping emergent cyber and physical security and resiliency risks to Maryland infrastructure and residents stemming from AI, along with prioritized recommendations.

2. The AI Subcabinet may determine, at its discretion, any additional sectors that will be identified and studied as critical domains.

G. Identify AI Use Cases and Build Foundational Infrastructure.

1. The Department of Information Technology shall evaluate relevant infrastructure to safely, securely, and efficiently test AI proofs of concept (PoCs) and pilots.

2. The Department of General Services, in close consultation and partnership with the Department of Information Technology, shall create a repeatable playbook for running and procuring AI PoCs and pilots in compliance with applicable State laws, regulations, and policies.

3. The Department of Information Technology, in consultation with the AI Subcabinet, will work with interested agencies to provide support in identifying and prioritizing use cases and executing PoCs/pilots for key areas in line with the Governor’s priorities.

H. Nothing in this Executive Order shall be construed to impair or otherwise affect the authority granted by law to an executive department or agency.

I. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State’s receipt of federal funding.

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

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 8th Day of January 2024.

WES MOORE
Governor

 

ATTEST:

SUSAN C. LEE
Secretary of State

[24-02-13]

 

EXECUTIVE ORDER 01.01.2024.03

Declaration of a State of Preparedness

 

WHEREAS, The State of Maryland is subject to a variety of hazards and disasters, including an impending emergency as defined in Section 14-101(c) of the Public Safety Article of the Maryland Code;

 

WHEREAS, Pursuant to Executive Order 01.01.2023.20, the Governor may declare a State of Preparedness when he determines that there is a significant risk of a public emergency as defined in the Maryland Emergency Management Act, Md. Code, Public Safety Article § 14-301;

WHEREAS, The declaration of a State of Preparedness ensures a proactive, forward-leaning State response to potential or actual emergencies; 

 

WHEREAS, Having been advised and informed by the Maryland Department of Emergency Management that, as a result of the severe weather expected to impact the State, there is a significant risk of: tidal and aerial flooding resulting from ground saturation; a six-feet-above flood state that may possibly lead to road closures, debris, inundation; heaviest rainfall coinciding with high tides Tuesday evening into Wednesday morning; and significant wind gusts estimated at 65 to 75 miles per hour along the Atlantic coast;

 

WHEREAS, Action is needed to prepare to protect the lives and property of Maryland residents and visitors that may be impacted by the severe weather;

 

WHEREAS, Transportation, power utility, water utility, and other critical infrastructures may be negatively affected by the impacts of the storms; specifically, high winds and flooding may result in downed power lines, trees, and debris causing significant power outages statewide, transportation interruptions, infrastructure damage, ice accumulation and bridge closure; and

 

WHEREAS, State and local government agencies may require additional resources and support to implement proactive actions and meet the public safety and welfare needs of Maryland residents who may be negatively impacted by the storm and require sheltering needs due to the freezing rain, snow, and ice accumulation possible in some regions of the State.

 

NOW, THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND LAWS OF MARYLAND, INCLUDING BUT NOT LIMITED TO TITLE 14 OF THE PUBLIC SAFETY ARTICLE OF THE MARYLAND CODE, AND BASED ON THE ABOVE FINDINGS, HEREBY DECLARE THAT A STATE OF PREPAREDNESS EXISTS IN THE STATE AND THAT PREPARATIONS MUST BE MADE FOR THE ANTICIPATED JANUARY 9 SEVERE WEATHER, AND  HEREBY PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

     A. The Maryland Department of Emergency Management is hereby directed to coordinate the State preparedness and response to impacts of severe weather.

     B. All other appropriate State authorities are hereby authorized to activate their emergency preparedness plans and engage, deploy, use, and coordinate available resources in furtherance of those plans.

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 9th Day of January 2024.

WES MOORE
Governor

 

ATTEST:

SUSAN C. LEE
Secretary of State

[24-02-14]

 

EXECUTIVE ORDER 01.01.2024.04

(Rescinds Executive Order 01.01.2009.09)

Re-establishing the Joint Enforcement Task Force on Workplace Fraud

 

WHEREAS, Workplace fraud, a business practice where employers fail to properly classify individuals as employees in violation of applicable law, is an ongoing problem in the State of Maryland;

 

WHEREAS, Employers failing to classify workers at all, such as by paying them entirely in cash, is another business practice that raises serious concerns in the State;

 

WHEREAS, Businesses engaging in these and other unlawful business practices avoid their obligations under federal and State labor, employment and tax laws, including laws requiring workers to be paid minimum wage, prevailing wage, and overtime, and to be offered and receive benefits such as health insurance coverage and unemployment workers’ compensation benefits; and laws requiring employers to pay or withhold their fair share of employment taxes, income taxes, workers’ compensation contributions and contributions to the unemployment insurance fund;

 

WHEREAS, Recent studies show that young workers, workers of color, and individuals who work multiple jobs at low wages are most at risk of being victimized by these unlawful business practices;

 

WHEREAS, Combating these practices effectively requires a whole of government approach, involving multiple different agencies and authorities within State government; and

 

WHEREAS, The State’s enforcement efforts can be enhanced further and made more efficient through interagency cooperation, information sharing and joint prosecution of serious violators.

 

NOW THEREFORE, I, WES MOORE, GOVERNOR OF THE STATE OF MARYLAND, BY VIRTUE OF THE AUTHORITY VESTED IN ME BY THE CONSTITUTION AND THE LAWS OF MARYLAND, HEREBY RESCIND EXECUTIVE ORDER 01.01.2009.09 AND PROCLAIM THE FOLLOWING EXECUTIVE ORDER, EFFECTIVE IMMEDIATELY:

A. Establishment. There is a Joint Enforcement Task Force on Workplace Fraud (“Task Force”).

B. Definition. For purposes of this Executive Order, “workplace fraud” means an employer's failure to properly classify an individual as an employee in violation of applicable law.

C. Membership. The Task Force shall consist of:

(1) The Secretary of Labor or the Secretary's designee;

(2) The Comptroller or the Comptroller's designee;

(3) The Attorney General or the Attorney General's designee;

(4) The Chair of the Workers' Compensation Commission or the Chair's designee;

(5) The Insurance Commissioner or the Commissioner's designee;

(6) The Director of Department of Assessments and Taxation, or the Director’s designee;

(7) The Commissioner of the Division of Occupational and Professional Licensing, or the Commissioner’s designee;

(8) The Commissioner of Labor and Industry, or the Commissioner’s designee; and

(9) The Assistant Secretary for the Division of Unemployment Insurance or the Assistant Secretary’s designee.

D. Procedures.

(1) The Secretary of Labor, or the Secretary's designee shall serve as the Chair of the Task Force.

(2) Members of the Task Force may not receive any compensation for their services, but may be reimbursed for reasonable expenses incurred in the performance of their duties, in accordance with the Standard State Travel Regulations, and as provided in the State budget.

(3) The Department of Labor shall provide publication, operational, and other support as needed to the Task Force.

(4) The Task Force may identify and add members from governmental units whose participation would further its mission.

(5) Consistent with the law, the Task Force may obtain information and cooperation from other governmental units.

E. Duties. The Task Force shall coordinate the investigation and enforcement of workplace fraud.  In fulfilling this mission, the Task Force shall have the following powers and duties:

(1) To facilitate among Task Force members, and obtain from other governmental units, the timely sharing of information related to suspected workplace fraud to the maximum extent permitted by law, including maintaining an inter-agency online platform to share such information;

(2) To pool, focus, and target investigative and enforcement resources;

(3) To assess existing methods and best practices, in both Maryland and other jurisdictions, with respect to workplace fraud prevention and enforcement, and to recommend that participating agencies adopt appropriate measures to improve their prevention and enforcement efforts;

(4) To enter into partnerships and agreements with other jurisdictions to facilitate cross-jurisdictional investigations and enforcement activities;

(5) To work with academics and experts to study the issues of workplace fraud and develop models to quantify the true costs of these practices to workers, to law-abiding employers and businesses and to the State;

(6) To develop strategies for systematic investigations of workplace fraud, including within those industries and worker demographics in which workplace fraud is most common;

(7) To identify and facilitate enforcement actions against potential violators, including but not limited to actions to seek all appropriate remedies under applicable employment, business, tax, licensing and consumer protection laws;

(8) To identify significant cases of workplace fraud that should be investigated and addressed collaboratively, and to form joint enforcement teams to utilize the collective investigative and enforcement capabilities of the Task Force members;

(9) To establish protocols, consistent with applicable law, through which individual Task Force participating agencies investigating workplace fraud matters under their own statutory or administrative schemes will refer appropriate matters to other agencies for assessment of potential liability under all relevant statutory or administrative schemes;

(10) To establish referral procedures and solicit the cooperation and participation of local state’s attorneys and other law enforcement related agencies, where appropriate;

(11) To coordinate efforts with federal agencies and agencies of other states or jurisdictions involved in combating workplace fraud;

(12) To work cooperatively with business, organized labor, and community groups interested in reducing workplace fraud by:

(a) Coordinating effective outreach to businesses, and small businesses in particular, including preparing notices and educational materials relating to the business’s legal obligations under employment, business, tax and consumer protection laws; and

(b) Enhancing mechanisms to identify and report workplace fraud; and

(c) Increasing public awareness that workplace fraud is illegal and causes harm;

(13) To work cooperatively with federal, State. and local social service agencies to provide assistance to individuals who have been harmed by workplace fraud; and

(14) To consult with representatives of business, organized labor, and other agencies to improve and expand the operation and effectiveness of the Task Force and its members.

F. Reporting. The Task Force shall issue a report to the Governor by December 31 of each year which shall:

(1) Describe the record and accomplishments of the participating agencies of the Task Force, including the amounts of wages, premiums, taxes, and other payments or penalties collected, as well as the number of employers cited for legal violations related to workplace fraud and the approximate number of employees affected;

(2) Identify any administrative or legal barriers impeding the more effective operation of the Task Force, including any barriers to information sharing or joint action;

(3) Propose, after consultation with representatives of business, organized labor, members of the General Assembly, and other affected agencies, appropriate administrative, legislative, or regulatory changes to:

(a) Reduce or eliminate any barriers to the Task Force's operations;

(b) Enhance the investigation, enforcement, and prevention of workplace fraud; and

(4) Identify successful strategies for preventing workplace fraud that reduce the need for greater enforcement.

G. Every agency, department, office, division, or public authority of the State shall cooperate with the Task Force and, to the fullest extent permitted by law, shall furnish such information and assistance as the Task Force determines is reasonably necessary to accomplish its purpose.

H. This Executive Order shall be implemented in a manner that is consistent with all applicable statutes and regulations. Nothing in this Executive Order shall operate to contravene any State or federal law or to affect the State's receipt of federal funding.

I. If a State entity is subject to a federal law or regulation that conflicts with this Executive Order, the federal law or regulation shall take precedence.

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

 

GIVEN Under My Hand and the Great Seal of the State of Maryland, in the City of Annapolis, this 9th Day of January 2024.

WES MOORE
Governor

 

ATTEST:

SUSAN C. LEE
Secretary of State

[24-02-15]

 

 

The Judiciary

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS

     This is to certify that by an Order of this Court dated December 22, 2023, NEMA SAYADIAN (CPF# 0812180108), as of December 22, 2023, Nema Sayadian has been suspended by consent, effective immediately and his name has been stricken from the register of attorneys in this Court. Notice of this action is given in accordance with Maryland Rule 19-761(b).

*   *   *   *   *   *   *   *   *   *

     This is to certify that by an Order of this Court dated December 15, 2023, CHARLES ALLAN FINEBLUM (CPF# 7201010059), as of January 2, 2024, Charles Allan Fineblum’s name has been replaced on the register of attorneys permitted to practice law in the Supreme Court of Maryland. Notice of this action is given in accordance with Maryland Rule 19-761(b).

[24-02-13]

 

 

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

Notice of Final Action

[23-242-F]

On January 16, 2024, the Secretary of Natural Resources adopted amendments to:

(1) Regulations .01 and .03 under COMAR 08.02.22 Sharks; and

(2) Regulation .06 under COMAR 08.02.25 Gear.

This action, which was proposed for adoption in 50:24 Md. R. 1045—1046 (December 1, 2023), has been adopted as proposed.

Effective Date: February 5, 2024.

JOSH KURTZ
Secretary of Natural Resources

 

Title 13A
STATE BOARD OF EDUCATION

Notice of Final Action

[23-173-F]

On December 5, 2023, the State Board of Education adopted:

(1) Amendments to Regulation .02 under COMAR 13A.15.01 Scope and Definitions;

(2) Amendments to Regulation .03 under COMAR 13A.15.05 Home Environment and Equipment;

(3) Amendments to Regulation .02 under COMAR 13A.15.10 Child Safety;

(4) Amendments to Regulations .04 and .05 and the repeal of Regulation .06 under COMAR 13A.15.11 Health;

(5) Amendments to Regulation .02 under COMAR 13A.16.01 Scope and Definitions;

(6) Amendments to Regulation .11 under COMAR 13A.16.05 Physical Plant and Equipment;

(7) Amendments to Regulation .04 under COMAR 13A.16.10 Safety;

(8) Amendments to Regulations .04 and .05 and the repeal of Regulation .06 under COMAR 13A.16.11 Health;

(9) Amendments to Regulation .02 under COMAR 13A.17.01 Scope and Definitions;

(10) Amendments to Regulation .11 under COMAR 13A.17.05 Physical Plant and Equipment;

(11) Amendments to Regulation .04 under COMAR 13A.17.10 Safety;

(12) Amendments to Regulations .04 and .05 and the repeal of Regulation .06 under COMAR 13A.17.11 Health;

(13) Amendments to Regulation .02 under COMAR 13A.18.01 Scope and Definitions;

(14) Amendments to Regulation .11 under COMAR 13A.18.05 Home Environment and Equipment;

(15) Amendments to Regulation .04 under COMAR 13A.18.10 Safety; and

(16) Amendments to Regulations .04 and .05 and the repeal of Regulation .06 under COMAR 13A.18.11 Health.

This action, which was proposed for adoption in 50:20 Md. R. 927—932 (October 6, 2023), has been adopted as proposed.

Effective Date: February 5, 2024.

CAREY M. WRIGHT
Interim State Superintendent of Schools

 

Title 20
PUBLIC SERVICE COMMISSION

Subtitle 63 COMMUNITY CHOICE AGGREGATION

Notice of Final Action

[23-214-F]

On January 10, 2024, the Maryland Public Service Commission adopted the following new regulations under a new subtitle, Subtitle 63 Community Choice Aggregation:

(1) Regulations .01 and .02 under COMAR 20.63.01 General;

(2) Regulations .01—.05 under COMAR 20.63.03 CCA Pre-Enrollment Information;

(3) Regulations .01 and .02 under COMAR 20.63.04 Transfers of Service;

(4) Regulations .01—.03 under COMAR 20.63.05 CCA Utility Coordination and Billing;

(5) Regulations .01—.14 under COMAR 20.63.07 Customer Protection;

(6) Regulations .01—.03 under COMAR 20.63.11 CCA Aggregation Plan Requirements and Application Process;

(7) Regulations .01—.06 under COMAR 20.63.12 CCA Pilot Program Termination;

(8) Regulation .01 under COMAR 20.63.13 Historical and Forecast Electricity Price Trends;

(9) Regulations .01—.04 under COMAR 20.63.14 CCA Non-Commodity Fees and Charges Tariff Structure;

(10) Regulations .01—.05 under COMAR 20.63.15 Data Exchange;

(11) Regulations .01—.04 under COMAR 20.63.16 Data Privacy;

(12) Regulations .01—.03 under COMAR 20.63.17 Transition to CCA from SOS;

(13) Regulations .01—.03 under COMAR 20.63.18 Recovery of Uncollectible SOS Expense from CCA Customers;

(14) Regulations .01—.05 under COMAR 20.63.19 SOS Risk Mitigation and Pilot Annual Reporting; and

(15) Regulations .01—.03 under COMAR 20.63.20 CCA Coordination Tariff.

This action, which was proposed for adoption in 50:23 Md. R. 1012—1023 (November 17, 2023), has been adopted with the nonsubstantive changes shown below.

Effective Date: February 5, 2024.

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:

COMAR 20.63.11.02 B(8)(i): The change of the word “contact” to “content” is nonsubstantive because it corrects a typographical error and all parties agreed and requested it.

.02 Aggregation Plan Requirements.

A. (proposed text unchanged)

B. A county shall include the following in its Aggregation Plan:

(1)—(7) (proposed text unchanged) 

(8) A description of the purchasing plan designed to save ratepayers money, including:

(a)—(h) (proposed text unchanged) 

(i) The role of renewable [[contact]] content in procurement evaluation;

(j)—(n) (proposed text unchanged) 

(9)—(19) (proposed text unchanged) 

C. (proposed text unchanged)

ANDREW S. JOHNSTON
Executive Secretary

 

Title 26
DEPARTMENT OF ENVIRONMENT

Subtitle 08 WATER POLLUTION

26.08.02 Water Quality

Authority: Environment Article, §§9-303.1, 9-313―9-316, 9-319, 9-320—
9-325, 9-327, and 9-328, Annotated Code of Maryland

Notice of Final Action

[23-221-F]

On January 11, 2024, the Secretary of the Environment adopted amendments to Regulation .03-2 under COMAR 26.08.02 Water Quality. This action, which was proposed for adoption in 50:23 Md. R. 1023—1027 (November 17, 2023), has been adopted as proposed.

Effective Date: February 5, 2024.

SERENA McILWAIN
Secretary of the Environment

 

Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)

Subtitle 03 EMS OPERATIONAL PROGRAMS

30.03.06 Base Stations

Authority: Education Article, §§13-509, 13-510, and 13-516, Annotated Code of Maryland

Notice of Final Action

[23-246-F]

On January 16, 2024, the Maryland State Emergency Medical Services Board adopted new Regulation .04-1 under COMAR 30.03.06 Base Stations. This action, which was proposed for adoption in 50:23 Md. R. 1028—1029 (November 17, 2023), has been adopted as proposed.

Effective Date: February 5, 2024.

THEODORE R. DELBRIDGE, M.D., M.P.H.
Executive Director

 

 

Proposed Action on Regulations

 


Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.10 Nursing Facility Services

Authority: Health-General Article, §§2-104(b), 15-103, 15-105, 19-14B-01, and 19-310.1, Annotated Code of Maryland

Notice of Proposed Action

[23-327-P]

The Secretary of Health proposes to amend Regulations .07 and .08 under COMAR 10.09.10 Nursing Facility Services.

Statement of Purpose

The purpose of this action is to:

(1) Update the budget adjustment factor for FY 2024; and

(2) Extend the sunset date for the Interim Working Capital Fund for 1 year and allow additional time for repayment.

Estimate of Economic Impact

I. Summary of Economic Impact. In accordance with the FY 2024 Budget, the proposed action will increase the Maryland Medicaid reimbursement rate to nursing facilities by 4 percent for dates of service beginning July 1, 2023. In addition, the extension of working capital advances will result in loss of potential interest income to the State.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

(1) Maryland Department of Health

(R-)

$672,574

(2) Maryland Department of Health

(E+)

$33,251,985

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

(1) Nursing facility providers

(+)

$672,574

(2) Nursing facility providers

(+)

$33,251,985

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

A(1). (a) This amount assumes:

     (i) The average Maryland Medical Assistance reimbursement for nursing facilities services will increase by 4 percent for dates of service beginning July 1, 2023. Under the provisions of this amendment, the updated rate represents an increase of $6.72 per day of care.

     (ii) Based on a projected 4,948,212 days of care in FY 2024, this increase represents a cost to the State of $33,251,985. This amount is 47.5 percent general funds and 52.5 percent federal funds from July 1, 2023, through September 30, 2023; 48.5 percent general funds and 51.5 percent federal funds from October 1, 2023, through December 31, 2023; and 50 percent general funds and 50 percent federal funds from January 1, 2024, through June 30, 2024.

(b) The interim working capital fund will provide a projected $16,484,667 to providers during FY 2024, resulting in loss of potential interest income of $672,574 based on a rate of return of 4.080 percent. This amount is 100 percent general funds.

A(2). See A(1) above.

D(1). This amount assumes:

(a) Reimbursement for nursing facilities will increase by $33,251,985 based on the methodology described in A(1).

(b) Providers will benefit from the State’s loss of potential interest income in the amount of $672,574 due to providing working capital advances.

D(2). See D(1) above.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has an impact on individuals with disabilities as follows:

The proposed action is expected to result in a higher quality of care for the many individuals with disabilities who are served in nursing facilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

.07 Prospective Rates.

A.—F. (text unchanged)

G. Final facility rates for the period July 1, [2022] 2023, through June 30, [2023] 2024, shall be each nursing facility’s quarterly rate, exclusive of the amount identified in Regulation .13A(2) of this chapter, increased by the budget adjustment factor of [2.511] 2.298 percent, plus the Nursing Facility Quality Assessment add-on identified in Regulation .11E of this chapter and the ventilator care add-on amount identified in Regulation .13A(2) of this chapter when applicable.

.08 Interim Working Capital Fund.

A.—G. (text unchanged)

H. The Interim Working Capital Fund expires on May 1, [2023] 2024. Providers shall repay all outstanding funds to the Department by August 1, [2023] 2024. The Department may grant repayment extensions, not longer than 60 days, under extraordinary circumstances.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

Notice of Proposed Action

[23-322-P]

The Secretary of Health proposes to amend:

(1) Regulation .11 under COMAR 10.09.11 Maryland Children's Health Program; and

(2) Regulations .02, .07, and .12 under COMAR 10.09.24 Medical Assistance Eligibility; and

(3) Regulations .10 and .13 under COMAR 10.09.43 Maryland Children's Health Program (MCHP) Premium.

Statement of Purpose

The purpose of this action is to:

(1) Establish an Express Lane Eligibility (ELE) program to streamline and expedite enrollment of eligible individuals in the Maryland Medicaid Assistance Program and MCHP in accordance with Ch. 282 (S.B. 26), Acts of 2023, Maryland Medical Assistance Program, Maryland Children’s Health Program, and Social Services Programs — Eligibility and Enrollment and Workgroup on Low–Income Utility Assistance.

(2) Provide continuous eligibility for individuals under the age of 19 and enrolled in Medicaid or CHIP in accordance with the Consolidated Appropriations Act, 2023 (CAA).

(3) Update the regulations to no longer disenroll children during their continuous eligibility period due to nonpayment of premiums under the MCHP Premium program, a continuation of the practice under the COVID-19 Public Health Emergency.

Estimate of Economic Impact

I. Summary of Economic Impact. The total fiscal impact is $6,529,603 in Fiscal Year 2024.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Maryland Department of
Health

(E+)

$6,529,603

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

MCHP and Medicaid providers  

(+)

$6,529,603

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

A. This amount assumes:

(1) Starting September 1, 2023, children under age 19 will be afforded 12-months continuous eligibility in Medicaid or MCHP or MCHP Premium.

(2) Per member per month costs for children enrolled in MCHP is $239.96. Per member per month costs for children enrolled in Medicaid is $261.52.

(3) The total yearly impact is anticipated to be $7,123,204. Given the September 1, 2023, effective date, the total impact in Fiscal Year 2024 is estimated to be $6,529,603.

(4) This amount is subject to a 52.8 percent blended federal match for Fiscal Year 2024 Q1 and Q2, and 51.8 percent for Q3 and Q4.

(5) Under these proposed regulations, MDH will no longer disenroll children due to nonpayment of premiums under the MCHP Premium program, a continuation of the practice under the COVID-19 Public Health Emergency; therefore, MDH does not expect a fiscal impact for this amendment.

D. See A above.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

 

10.09.11 Maryland Children’s Health Program

Authority: Health-General Article, §§2-104(b), 15-101(f), 15-103, 15-105, and 15-301 et seq., Annotated Code of Maryland, Ch. 202, Acts of 2003

.11 Certification Periods.

A.—C. (text unchanged)

D. The requirements for continuous eligibility are contained under COMAR 10.09.24.12.  

 

10.09.24 Medical Assistance Eligibility

Authority: Estates and Trusts Article, §14.5-1002; Health-General Article, §§2-104(b), 2-105(b), 15-103, 15-105, 15-121, and 15-401—15-407; Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(45) (text unchanged)

(45-1) “Postpartum period” means[:

(a) The] the period of time beginning on the date a pregnancy ends and ending on the last day of the 12th month [in which the 60-day period ends; or] following the end of pregnancy.

[(b) Effective for 5 years beginning April 1, 2022, the period of time beginning on the date a pregnancy ends and ending on the last day of the 12th month following the end of pregnancy.]

(46)—(63) (text unchanged)

.07 Consideration of Income.

A. (text unchanged)

B. Definitions.

(1)—(4) (text unchanged)

(5) “SNAP” means the Federal Supplemental Nutrition Assistance Program (SNAP), formerly the Food Stamp Program, as described in COMAR 07.03.17.

C.—E. (text unchanged)

F. Current Eligibility. In considering income for current eligibility, the following rules apply:

(1)—(2) (text unchanged)

(3) For participants currently enrolled in both the Program and SNAP:

(a) The Program may renew the individual’s Medicaid eligibility using household income as determined by SNAP without conducting a separate income determination; and 

(b) An individual is determined eligible when the participant is:

(i) Younger than 19 years old and has a SNAP verified income at or below 322 percent of the federal poverty level; or

(ii) Between 19 to 64 years old and has a SNAP verified income at or below 138 percent of the federal poverty level;

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

G.—L. (text unchanged)

 .12 Post-Eligibility Requirements.

A.—D. (text unchanged)

E. Continuous Eligibility for Children.

(1) The Department shall establish continuous eligibility periods for individuals who:

(a) Are younger than 19 years old; and

(b) Eligible and enrolled for mandatory or optional coverage.

(2) Individuals who are in a period of continuous eligibility shall, with the exception of the circumstances in §E(4) of this regulation, maintain coverage despite any change in circumstance that would otherwise preclude eligibility.

(3) The period of continuous eligibility shall:

(a) Begin on the first day of the month in which:

(i) Initial eligibility was determined; or

(ii) A renewal of eligibility is approved as a result of redetermination; and

(b) Remain in effect:

(i) For a 12-month period: or

(ii) For individuals covered under COMAR 10.09.62, until birth.

(4) An individual’s eligibility may be redetermined during their continuous eligibility period if one or more of the following changes in circumstances occur:

(a) The individual attains the maximum age specified in §E(1) of this regulation;

(b) The individual or the individual’s representative requests a voluntary termination of eligibility;

(c) The individual ceases to be a resident of the State;

(d) The Department or its designee determines that eligibility was erroneously granted at the most recent determination, redetermination, or renewal of eligibility due to one or more of the following:

(i) Agency error; or

(ii) Fraud, abuse, or perjury attributed to the individual or the individual’s representative; or

(e) The individual dies.

 

10.09.43 Maryland Children’s Health Program (MCHP) Premium

Authority: Health-General Article, §§2-104(b), 15-101(f), 15-103(a)(2),
15-301.1, and 15-302—15-304; Insurance Article, §§15-1208, 15-1213,
15-1406, and 27-220; Annotated Code of Maryland; Ch. 202, Acts of 2003

.10 Certification Periods.

A.—C. (text unchanged)

D. The requirements for continuous eligibility are contained under COMAR 10.09.24.12.

.13 Program Participation Requirements — Family Contribution.

A.—E. (text unchanged)

F. Consequences of Nonpayment.

(1) (text unchanged)

(2) [If] Effective the first day of the month following the individual’s redetermination, if the applicant fails to comply with §F(1) of this regulation:

(a) [The] Unless excepted under COMAR 10.09.24.12E, the individual shall have their eligibility terminated[, effective the first day of the month following the month for which payment was due]; and

(b) The case [shall] may be referred to the Central Collections Unit of the Department of Budget and Management for collection.

[(3) An individual whose eligibility was terminated due to failure to pay the Department as specified in §D(2)(d) of this regulation is ineligible for participation in MCHP Premium until 90 days from the notice date of termination or the date payment has been made in full, whichever is sooner.]

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.21 Pharmacists

Authority: Health-General Article, §§2-104(b), 2-105(b), 15-103, and
15-148(c), Annotated Code of Maryland

Notice of Proposed Action

[23-325-P]

The Secretary of Health proposes to amend Regulations .02—.06 under COMAR 10.09.21 Pharmacists.

Statement of Purpose

The purpose of this action is to allow pharmacists to be reimbursed for all services within the pharmacist’s lawful scope of practice, in accordance with Ch. 300 (S.B. 678), Acts of 2023, Health Insurance — Reimbursement for Services Rendered by a Pharmacist.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action allows for coverage of certain existing services when billed by Medicaid enrolled pharmacists. The additional coverage has an estimated economic impact of $1,201,963.50 in Fiscal Year 2024.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

 

 

Maryland Medicaid

(E+)

$1,201,963.50

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Pharmacists

(+)

$1,201,963.50

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

A. This amount assumes:

(1) For date of services beginning January 1, 2024, Medicaid will begin covering all services covered in a pharmacist’s lawful scope of practice.

(2) 3 new codes will be billable by pharmacists: 99605, 99606, and 99607.

(3) The additional codes will have the following uptake rates and fees:

     (a) 2 percent uptake for 99605 at a rate of $49.67;

     (b) 1 percent uptake for 99606 at a rate of $31.24; and

     (c) 1 percent uptake for 99607 at a rate of $24.54.

(4) Services will be made available to the Program’s 46,529 fee-for-service participants and 1,503,192 managed care enrollees.

(5) The total annual expenditure for these services is estimated to be $2,403,927.

(6) Given the January 1, 2024 implementation date, the total economic impact for Fiscal Year 2024 is $1,201,963.50.

(7) The funds are subject to a 61 percent federal match.

D. See A above.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

[(2) "Contraceptives" means contraceptive medications and self-administered contraceptive devices approved by the U.S. Food and Drug Administration.

(3) “Injectable medication for treatment of a sexually transmitted infection” means a medication that:

(a) Is administered by injection other than intravenously;

(b) Treats a sexually transmitted infection; and

(c) Is not a vaccine.

(4) “Maintenance injectable medication” has the meaning stated in COMAR 10.34.41.02.]

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

(3) “Medication therapy management” services are defined as face-to-face consultations that are structured to reduce the risk of adverse events and ensure optimum therapeutic outcomes for targeted patients through improved medication use with disease-state specific education, counseling, and medication review related to treatments, including drug therapy, laboratory tests, or medical devices provided by licensed and practicing pharmacists.

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

[(8) “Pharmacy” means an establishment or institution licensed in good standing that is required to obtain a permit in accordance with Health Occupations Article, Title 12, Annotated Code of Maryland.

(9) “Primary care practitioner” means a licensed health care practitioner who provides an individual’s primary care services and is the primary coordinator of health care services for the individual.]

[(10)] (6) (text unchanged)

[(11) "Reproductive health care practitioner" means a licensed health care practitioner who is authorized to provide reproductive health services.]

.03 Provider Qualifications and Conditions for Participation.

[A.] The pharmacist shall meet:

[(1)] A. Licensure requirements set forth in COMAR 10.09.36.02; [and]

[(2)] B. Conditions for participation set forth in COMAR 10.09.36.03[.]; and

C. Conditions for their license under the Board of Pharmacy as stated in Health Occupations Article, Title 12, Subtitle 3, Annotated Code of Maryland.

[B. A pharmacist who prescribes contraceptives shall:

(1) Meet all Board requirements to prescribe contraceptives set forth in COMAR 10.34.40.03;

(2) Have completed a Board-approved training program, as set forth in COMAR 10.34.40.04;

(3) Meet all record keeping requirements set forth in COMAR 10.34.40.05; and

(4) Meet all continuing education requirements set forth in COMAR 10.34.40.06.

C. A pharmacist who administers maintenance injectable medications shall:

(1) Meet all Board requirements to administer maintenance injectable medications set forth in COMAR 10.34.41.03;

(2) Have completed a Board-approved training program, as set forth in COMAR 10.34.41.04; and

(3) Meet all record-keeping requirements set forth in COMAR 10.34.41.05.

D. A pharmacist who administers injectable medications for the treatment of sexually transmitted infection shall:

(1) Meet all applicable Board requirements to administer injectable medications for the treatment of sexually transmitted infection; and

(2) Have completed any applicable Board-approved training programs.]

.04 Covered Services.

[The following services are covered under this chapter:

A. Contraceptive services, as follows:

(1) A patient assessment performed at the pharmacist’s practice location in order to determine:

(a) Whether to prescribe contraceptives; and

(b) Which contraceptive options to prescribe; and

(2) If contraceptives are prescribed, a referral:

(a) To the participant’s primary care practitioner or reproductive health care practitioner; or

(b) If the participant does not have a primary care practitioner or a reproductive health care practitioner, to a family planning provider or a licensed clinician who provides reproductive health care services.

B. Administration of injectable medications for the treatment of sexually transmitted infection.

C. Administration of maintenance injectable medications.]

The Program covers the following medically necessary services when rendered by a pharmacist:

A. Services rendered within the pharmacist’s lawful scope of practice as defined by the Board and otherwise covered by the Program in accordance with COMAR 10.09.02.07D; and

B. Medication therapy management for participants who meet the Department’s clinical criteria.

.05 Limitations.

[A pharmacist may not prescribe contraceptives before January 1, 2019.]

The following are not covered:

A. Pharmacist administered drugs obtained from manufacturers who do not participate in the federal Drug Rebate Program;

B. Medical supplies usually included in an office visit;

C. Services not medically necessary;

D. Investigational and experimental drugs and procedures;

E. Procedures solely for cosmetic purposes; and

F. Services denied by Medicare as not medically justified.

.06 Payment Procedures.

A.—B. (text unchanged)

C. Effective January 1, 2024, medication therapy management shall be reimbursed at the following rates:

(1) For the first 8—15 minutes:

(a) For new patients, $49.67 per unit of service; or

(b) For established patients, $31.24 per unit of service; and

(2) For each additional 8—15 minute, $24.54 per unit of service.

D. Billing time limitations for claims submitted pursuant to this chapter are set forth in COMAR 10.09.36.06.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 15 FOOD

10.15.06 Production, Processing, Transportation, Storage, and Distribution of Grade “A” Milk

Authority: Health-General Article, §§2-104, 2-105, 21-210, 21-211, 21-406, and 21-428, Annotated Code of Maryland

Notice of Proposed Action

[23-326-P-I]

The Secretary of Health proposes to amend Regulations .02, .03, .05, .10, and .11 under COMAR 10.15.06 Production, Processing, Transportation, Storage, and Distribution of Grade "A" Milk.

Statement of Purpose

The purpose of this action is to  accommodate the industry’s request to allow for increased time between pickups from Maryland dairy farms, which will ultimately benefit those farms that have upgraded their milk tank storage size; it will also align Maryland regulations with federal guidance and surrounding states’ standards. The action will allow production and associated shelf-life labeling of extended shelf-life dairy products (“ultra-pasteurized”). Finally, the action will correct grammatical errors, add a definition and reference table for the term “pasteurized,” and correct an erroneous instance of “milk facilities” to be “milk plants.”

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

 

Editor’s Note on Incorporation by Reference

     Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Grade “A” Pasteurized Milk Ordinance, 2019 Revision, has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 51:1 Md. R. 8 (January 12, 2024), and is available online at www.dsd.maryland.gov. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(5) (text unchanged)

(6) “Extensive alteration” means the adding or tearing down of walls, plumbing, or other structural components of a dairy farm or milk [facility] plant.

(7)—(23-1) (text unchanged)

(23-2) Pasteurization.

(a) “Pasteurization” has the meaning stated in 21 CFR §131.3.

(b) “Pasteurization” includes any other process found equivalent to pasteurization for milk and milk products as stated in 21 U.S.C. §343(h).(24)—(33) (text unchanged)

[(34) “Sell-by period” means the length of time a Grade “A” milk product may be kept for sale.]

[(35)] (34) (text unchanged)

(35) “Ultra-pasteurization” means the process of heating milk or milk product in properly designed and operated equipment to a minimum of 280°F for at minimum two seconds, either before or after packaging, so as to produce a milk or milk product which has an extended shelf-life under refrigerated conditions.

.03 Incorporation by Reference.

In this chapter the following documents are incorporated by reference:

A. Grade “A” Pasteurized Milk Ordinance, [2017] 2019 Revision (U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration);

B.—C. (text unchanged)

[D. Bulk Milk Hauler/Sampler Manual, 2016 (Center for Milk & Dairy Product Safety, Office of Food Protection, Maryland Department of Health);]

E.—F. (text unchanged)

.05 Standards for Milk Products.

A. (text unchanged)

B. A bulk milk hauler/sampler shall ensure that:

(1) Bulk raw milk is delivered or received by the processor or receiving station within [60] 12  hours of [the initial milking] pickup route completion;

(2) Bulk raw milk is picked up from every dairy farm at least [every other day] once every 72 hours; and

(3) The temperature of the bulk raw milk does not exceed 45F[; and].

[(4) Operations are in accordance with the Bulk Milk Hauler/Sampler Manual.]

C. (text unchanged)

.10 Dating of Grade “A” Fluid Milk.

A.—C. (text unchanged)

D. Milk products exempt from dating requirements are:

(1) Cultured milk products and eggnog; [and]

(2) Milk and dairy products as defined by 21 CFR §§130—131, which have been subjected to aseptic processing and packaging[.]; and

(3) Milk and dairy products as defined in 21 CFR §131.3(c), which have been subjected to ultra-pasteurization.

.11 Sale and Handling of Milk by Food Service Facilities.

A. Except as provided in §B of this regulation, a person may not offer Grade [A] “A” fluid milk for sale beyond the sell-by date.

B. The following establishments may use or serve Grade [A] “A” fluid milk up to 4 days beyond the sell-by date:

(1)—(5) (text unchanged)

C. An establishment listed in §B of this regulation shall ensure that Grade [A] “A” fluid milk is used by the establishment not later than 4 days beyond the sell-by date.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.01 General Licensure Regulations

Authority: Health Occupations Article, §§14-205(b), 14-207, 14-316(d),
14-317, and 14-320, Annotated Code of Maryland

Notice of Proposed Action

[23-301-P]

The Secretary of Health proposes to amend Regulation .10 under COMAR 10.32.01 General Licensure Regulations.

Statement of Purpose

The purpose of this action is to update regulations to streamline the renewal process for physicians. Specifically, the proposed changes allow the acceptance of Category 2 Continuing Medical Education (CME) credits by the Board, allow the use of current Board certification as an alternative to meet renewal CME requirements, and eliminate CME requirements that overlap with the Accreditation Council for Continuing Medical Education (ACCME) requirement.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

.10 Continuing Medical Education.

A.—B. (text unchanged)

C. Requirements.

(1) In accordance with the requirements specified in §C(2) of this regulation, in a 2-year period, an applicant shall earn at least 50 credit hours of Category I or II CME [during a 2-year period], with at least 25 of those CME credit hours being Category 1.

(2) The Board shall recognize for Category I or II CME credit those activities which meet at least one of the following additional requirements for the activity:

(a) Be accredited as Category I or II by the ACCME;

(b) (text unchanged)

(c) Be an accredited training program and have been attended by the applicant within a 2-year period, on the basis of either of the following:

(i) (text unchanged)

(ii) Full-time service for a portion of a year earns 1 credit hour per week; and

[(d) Is a program of self-instruction to prepare for an approved specialty board certification or recertification examination under the ABMS which occurs solely within a 2-year period, on the basis of 5 hours of study equals 1 hour of CME Category I credit up to a maximum of 10 credit hours;

(e) Is a service performed under the auspices of a peer review, focused professional education, or physician rehabilitation committee of the Faculty or a Faculty-approved committee of one of its component societies or a specialty society and involves evaluation of medical care or fitness to provide medical care, and the service is performed without compensation and is credited up to a maximum of 10 credit hours for a 2-year period as follows:

(i) 5 hours of service is equal to 1 hour of CME Category I credit up to a maximum of 10 credit hours for a 2-year period;

(ii) If the service consists of reviewing medical records, the applicant shall be credited with 1 hour per patient record reviewed;

(iii) If the service consists of service as chair of a peer review, focused professional education, or physician rehabilitation committee and the service lasted the entire length of a 2-year period, the applicant shall be credited with 10 hours of CME Category I credit, but if the service did not cover the entire length of a 2-year period, the applicant shall be credited with CME Category I credit proportionately; and

(iv) If the service consists of service as an intervenor or assessor or as a monitor of ongoing treatment of a physician participant under the auspices of a physician rehabilitation committee, or as a preceptor under the auspices of a focused professional education committee of the Faculty, and the service lasted the entire length of a 2-year period, the applicant shall be credited with 10 hours of CME Category I credit, but if the service did not cover the entire length of a 2-year period, the applicant shall be credited with CME Category I credit proportionately;

(f) Is a service performed as a preceptor to medical students in LCME-accredited medical schools and to postgraduate trainees in accredited training programs and involves case presentations and regular and ongoing evaluations, and the service is performed without compensation and is credited with CME Category I credit for 5 preceptor hours, up to a maximum of 10 credit hours for a 2-year period;

(g) Is a service performed by a Board designee and involves medical record review for the Board and the service is performed without compensation, and is credited up to a maximum of 10 credit hours for a 2-year period; or

(h) Is a service performed voluntarily and without compensation and is credited up to a maximum of 5 CME credits in a 2-year period as follows:

(i) The applicant shall provide the voluntary, uncompensated services in the practice of medicine; and

(ii) The applicant shall demonstrate, by submitting documentation consistent with §E of this regulation, the total number of voluntary, uncompensated hours provided, and the dates, times, and locations of the medical services provided.]

(d) Is a service performed by a Board designee and involves medical record review for the Board and the service is performed without compensation and is credited up to a maximum of 10 credit hours for a 2-year period.

[(3) Nothing in §C(2)(e) or (f) of this regulation shall limit or impair the ability of a licensee to earn CME Category I credits for participation in any other approved program.

(4) For the purposes of §C(2)(g) and (h) of this regulation, 5 hours of voluntary, uncompensated services are equal to 1 hour of CME Category 1 credit.]

D. (text unchanged)

E. Documentation of CME Credits.

(1) (text unchanged)

(2) The applicant shall be considered to have met the requirements of §C(1) of this regulation if the applicant:

(a) Currently holds an active time-limited certification issued by:

(i) A member of the American Board of Medical Specialties;

(ii) An American Osteopathic Association Certifying Board;

(iii) The Royal College of Physicians and Surgeons of Canada; or

(iv) The College of Family Physicians of Canada; and

(b) Provides proof of maintenance of a time-limited Board certification that is dated no longer than 5 years prior to the renewal date.

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

[(4) The required documentation for completion of a program of self-instruction as described in §C(2)(d) of this regulation shall be a specialty certificate issued by an ABMS-approved specialty board within a 2-year period.

(5) The required documentation for service as a preceptor is one of the following:

(a) Documentation from the respective course masters for medical students; or

(b) Documentation from the training director for postgraduate trainees.

(6) The required documentation of service as described in §C(2)(g) of this regulation shall be a certificate or other form of documentation acknowledging the applicant as a specialist reviewer on a medical record review, and stating the number of hours the applicant expended on the completion of the review.]

F. (text unchanged)

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 34 BOARD OF PHARMACY

10.34.42 Pharmacist Prescribing of a Nicotine Replacement Therapy Medication

Authority: Health Occupations Article, §§12-205 and 12-514, Annotated Code of Maryland

Notice of Proposed Action

[23-320-P]

The Secretary of Health proposes to adopt new Regulations .01—.03 under a new chapter, COMAR 10.34.42 Pharmacist Prescribing of a Nicotine Replacement Therapy Medication. This action was considered and approved by the Maryland Board of Pharmacy at a public meeting held on August 16, 2023, notice of which was provided by publication on the Board’s website at https://health.maryland.gov/pharmacy/Pages/index.aspx, as required under General Provisions Article, § 3-302(c), Annotated Code of Maryland.

 

Statement of Purpose

The purpose of this action is to  effectuate Ch. 320 (S.B. 62), Acts of 2022, Pharmacists — Nicotine Replacement Therapy Medications, by establishing:

(1) Standard procedures that a pharmacist shall use to:

     (a) Prescribe and dispense to a patient the appropriate nicotine replacement therapy medication; and

     (b) Refer the patient to a primary care practitioner for treatment; and

(2) The conditions under which a pharmacist may prescribe and dispense a nicotine replacement therapy medication.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

.01 Scope.

This chapter does not limit or otherwise affect the right of an individual to practice pharmacy or any other health occupation that the individual is authorized to practice.

.02 Definitions.

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

B. Terms Defined.

(1) “Board” means the Maryland Board of Pharmacy.

(2) “Nicotine replacement therapy medication” means a nicotine-based treatment, including inhalers, gums, lozenges, nasal sprays, and patches, approved by the United States Food and Drug Administration that assists an individual to cease the use of products that contain nicotine.

(3) “Primary care practitioner” means a licensed health care practitioner who:

(a) Provides an individual’s primary care services; and

(b) Is the primary coordinator of health care services for the individual.

(4) “Visit summary” means:

(a) A written record of the nicotine replacement therapy medication dispensed;

(b) The name and contact information for the prescribing pharmacist; and

(c) The information on the importance of regular appointments with the individual’s primary care practitioner.

.03 Requirements to Prescribe and Dispense a Nicotine Replacement Therapy Medication.

A. Training Requirements.

(1) Prior to prescribing and dispensing a nicotine replacement therapy medication, a pharmacist shall complete a training program developed for the prescribing of a nicotine replacement therapy medication approved by the Board that is:

(a) Offered by an accredited school of pharmacy;

(b) Offered by an accredited school of medicine; or

(c) Accredited by the Accreditation Council for Pharmacy Education.

(2) A pharmacist who obtained training to prescribe a nicotine replacement therapy medication as part of their formal education is exempt from completing an additional training program.

B. Standard Procedures. When an individual requests a nicotine replacement therapy medication, a pharmacist shall:

(1) Provide the individual with appropriate counseling in the use of the prescribed nicotine replacement therapy medication;

(2) Provide the individual with a visit summary;

(3) Refer the patient to the individual’s primary care provider for additional care; and

(4) Record the prescribing and dispensing of the nicotine replacement therapy medication in any health record maintained for the individual by the pharmacist.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 46 BOARD OF OCCUPATIONAL THERAPY PRACTICE

10.46.09 Dry Needling

Authority: Health Occupations Article, §§10-101 and 10-205, Annotated Code of Maryland

Notice of Proposed Action

[23-318-P]

The Secretary of Health proposes to adopt new Regulations .01—.04 under a new chapter, COMAR 10.46.09 Dry Needling. This action was considered by the Board of Occupational Therapy Practice at public meetings held on May 19, 2023, and November 6, 2023, notice of which was given by publication on the Board’s website at Maryland Department of Health, Board of Occupational Therapy Practice, https://health.maryland.gov/botp/Pages/home.aspx, pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish:

(1) Guidelines for the provision of dry needling as an intervention performed by licensed occupational therapists who are certified hand therapists; and

(2) The minimum education and training requirements for licensed occupational therapists who are certified hand therapists to perform dry needling.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

.01 Scope.

This chapter establishes standards for the provision of dry needling as an intervention performed by occupational therapists who are certified hand therapists (CHTs).

.02 Definitions.

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

B. Terms Defined.

(1) “Board” means the Maryland Board of Occupational Therapy Practice.

(2) “Dry needling” means a physical agent modality as defined in COMAR 10.46.06.03, also known as intramuscular manual therapy, that:

(a) Involves the insertion of one or more solid needles, a mechanical device, into the muscle and related tissues to effect change in muscle and related tissues of the hand, wrist, elbow, and shoulder;

(b) Requires ongoing evaluation, assessment, and re-evaluation of the impairments;

(c) Is only utilized in parts of the body with neuromuscular or musculoskeletal links to the impairments; and

(d) Is not performed for:

(i) The purposes of acupuncture and East Asian medicine as defined in Health Occupations Article, §1A-101, Annotated Code of Maryland; or

(ii) Any purpose outside the scope of occupational therapy.

.03 Minimum Education and Training Necessary to Perform Dry Needling.

A. In order to perform dry needling, an occupational therapist shall be a certified hand therapist in good standing, in addition to having completed at least 52 total hours of further instruction, which includes:

(1) A total of at least 27 hours of instruction in the following dry-needling-specific course content areas:

(a) Theory and application of dry needling to the hand, wrist, elbow, and shoulder;

(b) Dry needling technique to the hand, wrist, elbow, and shoulder;

(c) Dry needling indications and contraindications;

(d) Infection control, the Occupational Safety and Health Administration’s Bloodborne Pathogen Protocol, and safe  handling of needles;

(e) Emergency preparedness and response procedures related to complications associated with dry needling; and

(f) Appropriate documentation of dry needling; and

(2) At least 25 hours of practical, hands-on instruction in the application and technique of dry needling, under the supervision of a licensed health care practitioner competent in dry needling procedures who has:

(a) Completed the requisite course work under §A(1) of this regulation; and

(b) Practiced dry needling for at least 5 years.

B. The instruction required under §A(1) of this regulation shall be provided by a continuing education course approved by the Board.

C. All instruction required under this regulation shall include an assessment of competency.

D. The instruction required under §A(1) of this regulation shall be offered:

(1) In person at a face-to-face session; or

(2) In real time through electronic means that allow for simultaneous interaction between the instructor and the participants.

E. An occupational therapist may not fulfill any portion of the practical, hands-on instruction required under §A(2) of this regulation with online or distance learning.

F. An occupational therapist shall have practiced occupational therapy for at least 2 years, in addition to having been certified as a hand therapist, before performing dry needling in the State.

G. Registration.

(1) An occupational therapist shall be registered with the Board as having the appropriate education and training required by this regulation to be approved to practice dry needling.

(2) In order to be registered to practice dry needling, an occupational therapist shall submit a completed application on a form supplied by the Board with proof of the hand therapist certification.

(3) In order to continue to practice dry needling, an approved occupational therapist shall submit proof of their certified hand therapy recertification.

H. An occupational therapist who practices dry needling without the education and training required by this regulation shall be subject to discipline pursuant to COMAR 10.46.07.

.04 Standards of Practice in Performing Dry Needling.

A. An occupational therapist shall:

(1) Fully explain dry needling to the patient in advance of treatment; and

(2) Obtain written informed consent specific to dry needling that shall be included in the patient’s medical record.

B. An occupational therapist shall perform dry needling to the hand, wrist, elbow, and shoulder in a manner consistent with standards set forth in the Maryland Occupational Safety and Health Act, Labor and Employment Article, Title 5, Annotated Code of Maryland.

C. An occupational therapist shall document the provision of dry needling services in accordance with the documentation requirements set forth under COMAR 10.46.01.03.

D. An occupational therapist who practices dry needling in a manner inconsistent with the standards of practice enumerated in this regulation shall be subject to discipline pursuant to COMAR 10.46.07.

E. Dry needling is not within the scope of practice of limited occupational therapy and shall only be performed by a licensed occupational therapist with a hand therapy certification.

LAURA HERRERA SCOTT
Secretary of Health

 

Subtitle 65 BOARD OF MASSAGE THERAPY EXAMINERS 

Notice of Proposed Action

[23-273-P]

The Secretary of Health proposes to:

(1) Amend Regulations .06 and .09 under COMAR 10.65.02 Rules of Procedure for Board Hearings;

(2) Amend Regulations .02—.09 under COMAR 10.65.03 Code of Ethics;

(3) Amend Regulations .01—.06 under COMAR 10.65.04 Advertising;

(4) Amend Regulations .01—.04 under COMAR 10.65.05 Continuing Education Requirements;

(5) Amend Regulations .01 and .02 under COMAR 10.65.06 Record Keeping;

(6) Amend Regulations .01—.03, repeal existing Regulation .04, and amend and recodify existing Regulations .05 and .06 to be Regulations .04 and .05, respectively, under COMAR 10.65.09 Sanctioning Guidelines.

This action was considered by the Board of Massage Therapy Examiners at a public meeting held on July 26, 2023, notice of which was given by publication on the Board’s website at https://health.maryland.gov/massage/Pages/home.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to:

(1) Require a licensee or registrant found in violation of statute to reimburse the Board for certain court costs;

(2) Replace obsolete terms;

(3) Amend continuing education hours and add implicit bias training;

(4) Update the list of pre-approved providers for courses and programs;

(5) Allow notifications to licensees and registrants to be sent by electronic means;

(6) Remove references of a sanctions worksheet;

(7) Update disciplinary guidelines; and

(8) Make clarifying changes.

Estimate of Economic Impact

The proposed action has no economic impact.

Economic Impact on Small Businesses

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

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Jourdan Green, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

 

10.65.02 Rules of Procedure for Board Hearings

Authority: Health Occupations Article, §§6-206, 6-309, and 6-310; State Government Article, §10-206; Annotated Code of Maryland

.06 Records and Transcripts.

A. (text unchanged)

[B. A stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceeding, or part of it, shall be paid by the party requesting the transcript.]

B. If after a hearing, a licensee is found to have violated any of the provisions of Health Occupations Article, §6-308, Annotated Code of Maryland, the Board shall be entitled to reimbursement of costs by the licensee including any or all of the following items:

(1) Services rendered by court reporters;

(2) Transcription of the hearing record by court reporters;

(3) Expenses related to witnesses appearing for the State;

(4) Obtaining or reproducing documents, exhibits, or other evidentiary items;

(5) Hearing-related per diems and expenses for Board members; and

(6) Other expenses directly related to the investigation and prosecution of the disciplinary action against the licensee.

.09 Appeal.

Any person whose license or registration has been revoked or suspended by the Board, or any person placed on probation or reprimand under the regulations in this chapter, may appeal the Board’s decision as provided by law.

 

10.65.03 Code of Ethics

Authority: Health Occupations Article, §§1-212, 6-102, 6-206, and 6-308, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "[License holder] Licensee" means an individual who is licensed by the Board to practice massage therapy.

(2) “Non bona fide treatment” means when a [license holder or registration holder] licensee or registrant treats or examines a client in a way that involves sexual contact, but there is no therapeutic reason for the procedure, or the procedure falls outside of reasonable massage therapy.

(3) “[Registration holder] Registrant” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.

(4) "Sexually exploitative relationship" means when sexual contact occurs in an existing therapeutic relationship between the massage therapist and the client or between the instructor and the student, or within a period of time after formal termination of the therapeutic or instructor-student relationship where the client or student may still be vulnerable to the power imbalance that exists in the relationship between the [license holder or the registration holder] licensee or registrant and the client or student, even if the relationship may appear to be mutually consensual.

(5) "Therapeutic deception" means when a [license holder or registration holder] licensee or registrant misrepresents sexual conduct as a legitimate form of treatment or instruction to a client or a student.

.03 Standards of Practice.

A. The [license holder or registration holder] licensee or registrant shall be concerned primarily with the welfare of the client.

B. A [license holder or registration holder] licensee or registrant who suffers from a physical, mental, or emotional impairment, including chemical abuse, which impacts the [license holder’s or registration holder’s] licensee’s or registrant’s ability to practice massage therapy, shall proactively seek professional treatment and shall refrain from the practice of massage therapy until such time as the impairment no longer exists or reasonable accommodations can be made.

C. A [license holder or registration holder] licensee or registrant shall:

(1)—(8) (text unchanged)

(9) Attempt to correct others who misrepresent the [license holder's or registration holder's] licensee’s or registrant’s credentials, qualifications, education, or affiliations.

D. A [license holder or registration holder] licensee or registrant may not:

(1)—(2) (text unchanged)

(3) Engage in a commercial activity that conflicts with the duties of a [licensed massage therapist or registered massage practitioner] licensee or registrant;

(4)—(6) (text unchanged)

.04 Relationship with Client.

A. A [license holder or registration holder] licensee or registrant shall:

(1)—(3) (text unchanged)

(4) Maintain legible, organized written records of treatment of any client under the care of the [license holder or registration holder] licensee or registrant for at least 5 years after termination of treatment and as provided by applicable provisions of Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland;

(5) (text unchanged)

[(6) Make arrangements for another professional to provide for the needs of the clients during anticipated absences when not available to clients;]

[(7)] (6)—[(10)] (9) (text unchanged)

B. A [license holder or registration holder] licensee or registrant may not:

(1)—(2) (text unchanged)

(3) Make a guarantee or promise about the efficacy of a particular treatment, the [license holder's or registration holder's] licensee’s or registrant’s practice, or the results of a treatment unless supported by scientific principles accepted by the profession as determined by the governing board; or

(4) (text unchanged)

.05 Professional Boundaries.

A. A [license holder or registration holder] licensee or registrant shall:

(1)—(2) (text unchanged)

B. A [license holder or registration holder] licensee or registrant may not:

(1) Exploit a relationship with a client, staff member, or student for the [license holder's or registration holder's] licensee’s or registrant’s personal advantage, including, but not limited to, a personal, sexual, romantic, or financial relationship;

(2)—(3) (text unchanged)

.06 Records, Confidentiality, and Informed Consent.

A [license holder or registration holder] licensee or registrant shall:

A.—G. (text unchanged)

.07 Education and Training.

A. A [license holder or registration holder] licensee or registrant shall:

(1) Recognize the [license holder's or registration holder's] licensee’s or registrant’s limitations and qualifications and practice massage therapy within the limits of these limitations and qualifications;

(2)—(3) (text unchanged)

B. The [license holder or registration holder] licensee or registrant may not perform a treatment or provide a service which:

(1) The [license holder or registration holder] licensee or registrant is not qualified to perform; or

(2) Is beyond the scope of the [license holder's or registration holder's] licensee’s or registrant’s education, training, capabilities, experience, and scope of practice.

.08 Ethical, Legal, and Professional Responsibilities of Massage Therapist and Practitioners.

A [license holder or registration holder] licensee or registrant may not construe a failure to specify a particular ethical, legal, or professional duty in this chapter as a denial of the existence of other ethical, legal, or professional duties or responsibilities that are equally as important and as generally recognized in the profession.

.09 Penalties.

If a [license holder or registration holder] licensee or registrant violates a regulation in this chapter, the Board may take action pursuant to Health Occupations Article, §6–308, Annotated Code of Maryland. The Board may also impose a penalty not exceeding $5,000.

 

10.65.04 Advertising

Authority: Health Occupations Article, §§6-101, 6-102, 6-206, and 6-401, Annotated Code of Maryland

.01 Scope.

This chapter governs advertising by [individuals licensed as massage therapists or registered as massage practitioners] licensees or registrants [by] of the Board of Massage Therapy Examiners in Maryland.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(2) (text unchanged)

(3) "[License holder] Licensee" means an individual who is licensed by the Board to practice massage therapy.

(4) “[Registration holder] Registrant” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.

.03 Advertising.

A. A [license holder or registration holder] licensee or registrant may advertise massage services subject to the provisions of this chapter.

B. The [license holder or registration holder] licensee or registrant shall state in the advertisement that the:

(1) [License holder] Licensee is a "State of Maryland licensed massage therapist"; or

(2) [Registration holder] Registrant is a "State of Maryland registered massage practitioner".

C. An advertisement shall state at a minimum the:

(1) [License holder’s or registration holder’s] Licensee’s or registrant’s practice or business name;

(2) [License holder’s or registration holder’s] Licensee’s or registrant’s name;

(3) [License holder’s or registration holder’s] Licensee’s or registrant’s status as a [license holder or registration holder] licensee or registrant; and

(4) (text unchanged)

D. An advertisement may not include statements that:

(1) (text unchanged)

[(2) Are likely to mislead or deceive due to making only a partial disclosure of relevant facts when the statements are placed in context;

(3) Intend to or are likely to create false or unjustified expectations of favorable results;

(4) Refer to fees without reasonable disclosure of all relevant variables, conditions, and exceptions so that the statement may be misunderstood or deceptive to laypersons;

(5) Convey the impression that the license holder or registration holder may improperly influence any public body, official, corporation, or person on behalf of the public;

(6) Make representations or implications that in reasonable probability may cause an ordinarily prudent individual to misunderstand or be deceived by the representations or implications;]

[(7)] (2) (text unchanged)

[(8)] (3) Make representations or implications that the [license holder or registration holder] licensee or registrant is willing to provide services that are illegal under the laws or regulations of Maryland or the United States.

E. An individual who is a [registered massage practitioner] registrant or a business entity that employs or contracts with [registered massage practitioners] registrants may not advertise that the individual or business entity provides health-related therapeutic massage services.

F. An individual may not advertise that the individual practices massage therapy in Maryland if:

(1) (text unchanged)

(2) The individual's application for a license or registration is pending before the Board[, and the individual has not taken the examination required by the Board; or

(3) The individual has taken an examination required by the Board, but the results of the examination are not yet known].

G. (text unchanged)

.04 Solicitation.

A [license holder or registration holder] licensee or registrant may not engage in solicitation, including, but not limited to, in-person, telephone, electronic, or direct mail solicitation, that:

A.—B. (text unchanged)

.05 Accountability.

A [license holder or registration holder] licensee or registrant shall be accountable under this chapter if the [license holder or registration holder] licensee or registrant uses an agent, partnership, professional association, health maintenance organization, or any other entity or means to implement actions prohibited by this chapter.

.06 Penalties for Violation.

A violation of this chapter may result in disciplinary action against the [license holder or the registration holder] licensee or registrant under Health Occupations Article, Title 6, Annotated Code of Maryland.

 

10.65.05 Continuing Education Requirements

Authority: Health Occupations Article, §6-206, Annotated Code of Maryland

.01 Required Continuing Education Hours.

A. By October 31 of each renewal year, [beginning in October, 2004, license and registration holders] licensees and registrants shall satisfactorily complete a minimum of 24 continuing education hours within the previous 24 months as follows:

(1) (text unchanged)

(2) 3 hours in communicable disease education [which includes AIDS/HIV]; [and]

(3) [17] 16 hours in massage-related courses as approved by the Board; and

(4) [1 hour] 2 hours in diversity, [or] cultural competency, or implicit bias training.

B. In addition to the requirements of §A of this regulation, at the time of renewal, a [license or a registration holder] licensee or registrant shall possess [a] documentation of current certification of qualification in CPR[.] at, a minimum, the Basic Life Support (BLS) level.

.02 Approval of Continuing Education Programs.

A. (text unchanged)

B. A course or program offered by a pre-approved provider is approved without further review and is exempted from the requirements of Regulation .04 this chapter, provided that the course or program pertains to the human anatomy and includes any of the following topics:

(1)—(6) (text unchanged)

(7) Any other topic determined by the Board to meet the professional and educational requirements of the [license and registration holders] licensees and registrants.

C. Pre-approved Providers. Unless the requirement of §B of this regulation are not met or accreditation status of the pre-approved provider, including all sub-providers, schools, courses, and programs approved or sanctioned by the pre-approved provider unless otherwise prohibited, is not retained, the following shall be considered pre-approved providers:

[(1) COMTA;]

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

(2) ABMP;

[(3) NCCAOM;]

[(4)] (3)[(9)] (8) (text unchanged)

D.—E. (text unchanged)

.03 Exemptions.

A. (text unchanged)

B. [License or registration holders] Licensees or registrants with documented hardships, and seeking an exemption, waiver, or extension from the continuing education requirements in Regulation .01 of this chapter, shall petition the Board in writing at least 90 days before the renewal date.

C. The Board shall review the petition for an exemption, waiver, or extension and respond in writing to the [license or registration holder] licensee or registrant.

.04 Board Procedures.

A.—B. (text unchanged)

C. The Board shall conduct a biennial audit of continuing education[,] and shall notify audited [certificate] licensees and [registration holders] registrants by mail or electronic means that the audited [certificate] licensees and [registration holders] registrants shall produce satisfactory evidence of completion of the continuing education requirements.

D. [Certificate] Licensees and [registration holders] registrants shall maintain accurate records, including continuing education course certifications, and if audited, shall present this documentation upon request to the Board.

 

10.65.06 Record Keeping

Authority: Health Occupations Article, §6-206, Annotated Code of Maryland

.01 General Requirements.

A. The [license or registration holder] licensee or registrant shall maintain accurate, legible, and organized client records for every client, regardless of the procedure or modality employed.

B. (text unchanged)

.02 Maintenance and Release of Records.

A. The [license or registration holder] licensee or registrant shall keep all client files secure and confidential in accordance with the provisions of the Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland.

B. Client files are the property of the:

(1) [License or registration holder] Licensee or registrant when working as a sole proprietor or independent contractor; or

(2) (text unchanged)

C. (text unchanged)

D. The [license or registration holder] licensee or registrant may assess fees for duplicating client records for the patient or for another health care provider in accordance with Health-General Article, §4-403, Annotated Code of Maryland.

 

10.65.09 Sanctioning Guidelines

Authority: Health Occupations Article, §§1-606, 6-308, and 6-309, Annotated Code of Maryland

.01 Scope.

A.—B. (text unchanged)

[C. The Board shall complete a worksheet for each complaint considered by the Board that is not initially closed.]

[D.] C. The Board is aware that there may be conduct by a [license holder or registration holder] licensee or registrant that does not fall squarely within a particular guideline contained in Regulation .06 of this chapter. In that event, the Board will [so indicate on the worksheet and] use its best judgment to determine the appropriate sanction.

[E.] D. The Board and the Maryland Office of Administrative Hearings shall make determinations that maximize the protection of the public’s health while maintaining the rights of [license holders and registration holders] licensees and registrants.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Conditions” means requirements in a public or nonpublic order that a [license holder or registration holder] licensee or registrant is required to satisfy which include but are not limited to:

(a)—(q) (text unchanged)

(3) (text unchanged)

.03 Application.

A. This chapter shall be used by the Board as a guide for sanctioning [license holders and registration holders] licensees and registrants in formal and informal actions and proceedings.

B.—G. (text unchanged)

H. If the conduct is not described in Regulation .06 of this chapter, the Board shall use its judgment to determine appropriate sanctions [and shall so state in the sanctions worksheet].

I.—K. (text unchanged)

[.05] .04 Aggravating and Mitigating Factors.

A. (text unchanged)

[B. If the sanctions imposed by the Board fall outside the range of the sanctioning guidelines the Board shall state its reasons on its worksheet.]

[C.] B. (text unchanged)

 

[.06] .05 Disciplinary Guidelines.

The following guidelines shall be used by the Board as a guide for sanctioning [license holder or registration holder] a licensee or registrant in formal and informal actions and proceedings:

A. Abuse — Physical and Emotional.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) (text unchanged)

(2) Physical abuse resulting in significant physical or emotional injury

Suspension for 3 years, without stay for at least 30 days and probation for 3 years, and conditions

Revocation

Suspension for 3 years, without stay for at least 30 days, and probation for 3 years to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

B. Criminal Convictions or Plea of Nolo Contendere.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude

Suspension for 1 year and probation for 1 year, and conditions

Revocation

Suspension for 1 year and probation for 1 year, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Convicted of or pleads guilty or nolo contendere to a sexual offense

Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 60 days, and probation for 5 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

C. Disciplined by Another Licensing or Disciplinary Authority.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Conduct resulting in no physical or psychological harm

 

 

 

 

Reprimand

Reprimand and probation for up to 3 years, and conditions

Reprimand to reprimand and probation for up to 3 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Conduct resulting in financial injury

Reprimand

Revocation

Reprimand to Revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(3) Conduct resulting in physical or psychological harm or a risk of physical or psychological harm

Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions

Revocation

Suspension for 3 years, at least 10 days without stay, and probation for 3 years to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(4) Misrepresentation or fraud

Suspension for 2 years, without stay for at least 5 days, and probation for 2 years, and conditions

Revocation

Suspension for 2 years, without stay for at least 5 days, and probation for 2 years to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(5) Conduct not provided for in §C(1)-(4) of this regulation

Reprimand

Revocation

Reprimand to Revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

D. Diversion of Controlled Substances or Prescription Drugs.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Diversion without harm to self or others

Reprimand and conditions, and probation for 1 year

Suspension for up to 5 years, and probation for up to 5 years, and conditions

Reprimand and probation for 1 year to suspension for up to 5 years and probation for up to 5 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Diversion creating risk of harm

Suspension for 3 years and probation for 3 years, and conditions

Suspension for up to 5 years and probation for up to 5 years, and conditions

Suspension for 3 years and probation for 3 years to suspension for up to 5 years and probation for up to 5 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(3) Diversion with harm

Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

E. Failure to Renew a License When the [License Holder or Registration Holder] Licensee or Registrant Has Continued to Practice.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Failure to renew a license and practicing for up to 1 year

Reprimand

Revocation

Reprimand to suspension for 2 years, and probation for [to] 2 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Failure to renew a license and practicing for 1 year or longer

Suspension for 2 years, and probation for 2 years, and conditions

Revocation

Suspension for 2 years, and probation for 2 years, to revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

 

F. Noncompliance with Board Orders.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Failure to comply with a Board order

Suspension for 3 years, without stay for at least 10 days, and probation for 3 years, and conditions

Revocation

Suspension for 3 years, without stay for at least 10 days, probation for 3 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Failure to comply with a Board order with additional unprofessional conduct

Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, and conditions

Revocation

Suspension for 3 years, without stay for at least 30 days, and probation for 3 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(3) Failure to comply with a Board order with serious physical injury or death of a patient, or the risk of significant physical injury or death

Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, to revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

G. Incompetent Practice [Or] or Misconduct.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Practice below acceptable standards with a low risk of patient harm

Reprimand and conditions

Suspension for 1 year, and probation for 1 year, and conditions

Reprimand to suspension for 1 year, and probation for 1 year

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Practice below acceptable standards with patient harm or risk of patient harm

Suspension for 3 years, without stay for at least 30 days, and probation, and conditions

Revocation

Suspension for 3 years, without stay for at least 30 days, and probation, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(3) Practice below acceptable standards with serious physical injury or death of a patient, or a risk of significant physical injury or death

Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, and conditions

Revocation

Suspension for 3 years, without stay for at least 90 days, and probation for 3 years, to revocation

 

 

Denial of initial, renewal, reinstatement or reactivation, application

 

H. Sexual Misconduct.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Unsolicited conduct of a sexual nature excluding physical contact that serves no diagnostic or treatment purpose

Reprimand and conditions

Revocation

Reprimand to suspension for 1 year, and probation for 1 year

 

Denial of initial, renewal, reinstatement, or reactivation application

 

 

(2) A personal relationship that violates professional ethics

Suspension for 1 year, and probation for 1 year, and conditions

Suspension for up to 5 years, probation for up to 5 years, and conditions

Suspension for 1 year, and probation for 1 year, to suspension for up to 5 years, and probation for up to 5 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(3) Physical contact of a sexual nature that does not include force, intimidation, the use of drugs, or alcohol, and that serves no diagnostic or treatment purpose

Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, and conditions

Revocation

Suspension for 2 years, without stay for at least 90 days, and probation for 2 years, to suspension for up to 7 years, without stay for at least 90 days, and probation for up to 7 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(4) Sexual conduct involving, but not limited to, force intimidation, the use of drugs, or alcohol, or multiple victims

Suspension for 5 years, without stay for at least 1 year, and probation for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 1 year, and probation for 5 years to revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

I. Substance Abuse.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Misuse of drugs or alcohol without harm to others

Suspension for 2 years and probation for 2 years, and conditions

Suspension for up to 5 years, and probation for up to 5 years, and conditions

Suspension for 2 years and probation for 2 years, to suspension for up to 5 years and probation for up to 5 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Misuse of drugs or alcohol with patient harm or a risk of patient harm

Suspension for 5 years, without stay for at least 90 days, probation for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 90 days, and probation for 5 years to revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

J. Unauthorized Practice.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) [License holder or registration holder] Licensee or registrant knowingly allows an unauthorized individual to practice outside their scope of practice without patient harm or minimal patient harm

Reprimand and conditions

Suspension for 2 years, and probation for 2 years, and[,] conditions

Reprimand to suspension for 2 years, and probation for 2 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) [License holder or registration holder] Licensee or registrant knowingly allows an unauthorized individual to practice outside their scope of practice with greater than minimal patient harm

Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 30 days, and probation for 5 years to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(3) An unauthorized individual practices outside their scope of practice without patient harm or minimal patient harm

Reprimand

Suspension for 2 years, and probation for 2 years, and[,]

conditions

Reprimand to suspension for 2 years, and probation for 2 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(4) An unauthorized individual practices outside their scope of practice with greater than minimal patient harm

Suspension for 5 years, without stay for at least 30 days, and probation, and conditions

Revocation

Suspension for 5 years, without stay for at least 30 days, and probation, to revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

K. Unethical Conduct.

Severity

Tier/Conduct

Sanction Range

Duration

Minimum

Maximum

Least to Greatest

(1) Unethical Conduct resulting in no physical or psychological harm

Reprimand and conditions

Suspension for up to 2 years, and probation for up to 2 years, and conditions

Reprimand to suspension for up to 2 years, and probation for up to 2 years

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(2) Unethical conduct resulting in financial injury

Suspension for 3 years, and probation for 3 years, and conditions

Revocation

Suspension for 3 years, and probation for 3 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(3) Unethical conduct resulting in physical or psychological harm or a risk of physical or psychological harm

Suspension for 3 years, and probation for 3 years, and conditions

Revocation

Suspension for 3 years, and probation for 3 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(4) Unethically, and without legal justification, fails to cooperate with a lawful investigation conducted by the Board

Suspension for 5 years, without stay for at least 30 days, and probation, for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 30 days, and probation for 5 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(5) Unethical conduct resulting from misrepresentation or fraud

Suspension for 5 years, and probation for 5 years, and conditions

Revocation

Suspension for 5 years, and probation for 5 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(6) Threatens, forces, intimidates, or influences a person to change or withhold evidence before the Board or the Office of Administrative Hearings.

Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, and conditions

Revocation

Suspension for 5 years, without stay for at least 90 days, and probation for 5 years, to revocation

 

Denial of initial, renewal, reinstatement, or reactivation application

 

(7) Unethical Conduct resulting from any violation not provided for in §K(1)-(6) of this regulation

Reprimand

Revocation

Reprimand to revocation

 

 

Denial of initial, renewal, reinstatement, or reactivation application

 

LAURA HERRERA SCOTT
Secretary of Health

 

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 11 OFFICE OF THE SECRETARY

12.11.10 Private Home Detention Monitoring Agencies

Authority: Business Occupations and Professions Article, Title 20[,]; Correctional Services Article, §§2-109 and 11-726; Annotated Code of Maryland

Notice of Proposed Action

[23-159-P]

The Secretary of Public Safety and Correctional Services proposes to amend Regulation .06 under COMAR 12.11.10 Continuing Obligations of Licensee.

Statement of Purpose

The purpose of this action is to update the monthly reporting requirements for private home detention monitoring agencies (PHDMAs). If promulgated, PHDMAs will be required to provide in their monthly reports to the Secretary of Public Safety and Correctional Services, the number of monitored individuals who have violated a court's condition of release to private home detention monitoring by incurring a new charge, conviction, or civil protective or peace order; written explanation of the condition violated; and the date the court was notified of the violation.

The Secretary has delegated the authority to administer the Department's private home detention program to the Maryland Commission on Correctional Standards (MCCS).  The additional data reported by PHDMAs will be used to evaluate the efficacy of private home detention in comparison with State and local government home detention programs.

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 Veronica Moore, Executive Director, Maryland Commission on Correctional Standards, 6776 Reisterstown Road, Suite 304, Baltimore, MD 21215, or call 410-585-3830, or email to veronica.moore@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

.06 Continuing Obligations of Licensee.

A.—F. (text unchanged)

G. By the 15th day of each month, a licensee shall submit to the Secretary a report, on a form provided by the Secretary that includes, but is not limited to, the following information for the preceding calendar month:

(1)—(5) (text unchanged)

(6) The number of instances for which a monitored individual was unaccounted for or absent from an approved location, or whose location was unknown within the following time frames:

(a)—(b) (text unchanged)

(c) 24 hours or more, with a copy of the written notice provided to the appropriate authority; [and]

(7) The number of instances in which a monitored individual has been reported as having escaped[.];

(8) The number of monitored individuals in each jurisdiction who, in violation of a condition of release to private home detention, received a new criminal charge or conviction; and

(9) For each monitored individual indicated in §G(8) of this regulation, provide:

(a) The full name of the monitored individual;

(b) The monitored individual’s supervising judicial jurisdiction;

(c) A written explanation of the condition violated by the monitored individual; and

(d) The date the court was notified of the violation.

H.—J. (text unchanged)

CAROLYN J. SCRUGGS
Secretary of Public Safety and Correctional Services

 

Title 13A
STATE BOARD OF EDUCATION

Notice of Proposed Action

[23-298-P]

The State Board of Education proposes to amend:

(1) Regulation .03 under COMAR 13A.16.08 Child Supervision;

(2) Regulation .02 under COMAR 13A.16.10 Safety; and

(3) Regulation .02 under COMAR 13A.17.10 Safety.

This action was considered by the State Board of Education at their meeting on October 24, 2023.

Statement of Purpose

The purpose of this action is to alter the group size, staffing, and first aid and CPR requirements to provide child care centers and letter of compliance facilities additional flexibility when staffing their school age programs.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed amendment to the child care center and letter of compliance (LOC) facilities, found at Code of Maryland Regulations (COMAR) 13A.16 and 13A.17, will not have an impact on the agency because it will be able to impose all actions relating to staff child ratios and requirements using existing resources. However, the proposed amendment could increase revenue in child care centers and letter of compliances facilities because now they will be able to employ school age staff with minimal qualifications to assist qualified teachers while they work on getting the training and credentials they need to become a qualified teacher. An increase in staff can lead to programs being able to maintain and/or increase their child capacity, which can lead to an increase in the program’s revenue.

II. Types of Economic Impact.

Impacted Entity

Revenue

(R+/R-)

Expenditure

(E+/E-)

Magnitude

A. On issuing agency:

NONE

 

B. On other State agencies:

NONE

 

C. On local governments:

NONE

 

 

 

 

 

Benefit (+)

Cost (-)

Magnitude

D. On regulated industries or trade groups:

 

 

Child care centers and child care — letters of compliance

(+)

Unknown

E. On other industries or trade groups:

NONE

 

F. Direct and indirect effects on public:

NONE

 

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

D. Child care centers and letter of compliance facilities might increase revenue as a result of the proposed amendments because it could increase eligibility within the child care workforce pool, specifically for child school age programs, which would allow the child care program the opportunity to increase their child capacity and/or expand their child care program. However, the amount of revenue is difficult to determine because the number of programs that will decide to increase their capacity and/or expand as a result of the proposed amendment is indeterminable.

Economic Impact on Small Businesses

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

The proposed amendments would allow more school age programs within a center and letter of compliance facility and the opportunity to remain active at a time when hiring qualified teachers proves difficult due to a workforce shortage. In addition, some school age programs may now be able to increase their capacity because of the proposed changes, which may lead to an increase in economic impact.   

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Keisha Maxwell, Administrator of Policy and Special Projects, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-7852, or email to earlychildhoodregs.msde@maryland.gov. Comments will be accepted through February 26, 2024. 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 March 26, 2024, at 9 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

 

Subtitle 16 CHILD CARE CENTERS

13A.16.08 Child Supervision

Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)

.03 Group Size and Staffing.

A.—B. (text unchanged)

C. Same-Age Groups.

(1) (text unchanged)

(2) [In] Except as provided in §C(3) of this regulation, in a group of children of the same age who are 2 years old or older, the following [staff/child ratio and maximum group size] requirements apply:

Child [Ages] Age Group

Staff/Child Ratio

Maximum Group Size

 (text unchanged)

(3) A center may utilize a maximum group size of 45 for a group of school age children that is staffed by at least one teacher, one assistant teacher, and one aide.

D.—E. (text unchanged)

 

13A.16.10 Safety

Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)

.02 First Aid and CPR.

A. (text unchanged)

B. A center [with an approved capacity of more than 20 children] shall have in attendance[, in a ratio of] at least one staff member [for every 20 children present, staff members who are] who is currently certified in approved first aid and CPR as specified at §A of this regulation[.]:

(1) For every 20 children present in a group that includes infants, toddlers, or preschoolers; or

(2) For every 30 children present in a group of exclusively school age children.

C.—E. (text unchanged)

 

Subtitle 17 CHILD CARE — LETTERS OF COMPLIANCE

13A.17.10 Safety

Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409, 9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.); Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.); Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858 et seq.); Social Security Act §418 (42 U.S.C. 618)

.02 First Aid and CPR.

A. (text unchanged)

B. A facility [with an approved capacity of more than 20 children] shall have in attendance[, in a ratio of] at least one staff member [for every 20 children present, staff members who are] who is currently certified in approved first aid and CPR as specified in §A of this regulation[.]:

(1) For every 20 children present in a group that includes preschoolers; or

(2) For every 30 children present in a group of exclusively school age children.

C.—E. (text unchanged)

CAREY M. WRIGHT, Ed.D.
Interim State Superintendent of Schools

 

Title 14
INDEPENDENT AGENCIES

Subtitle 30 PUBLIC EMPLOYEE RELATIONS BOARD

Notice of Proposed Action

[23-307-P]

The Public Employee Relations Board proposes to repeal following existing regulations under the existing subtitle, Subtitle 30 State Higher Education Labor Relations Board:

(1) Regulation .01 under COMAR 14.30.01 Definitions;

(2) Regulations .01—.05 under COMAR 14.30.02 General;

(3) Regulation .01 under COMAR 14.30.03 Executive Director;

(4) Regulations .01—.12 under COMAR 14.30.04 Petitions;

(5) Regulations .01—.17 under COMAR 14.30.05 Elections;

(6) Regulation .01 under COMAR 14.30.06 Denial or Revocation of Certification;

(7) Regulations .01—.04 under COMAR 14.30.07 Unfair Labor Practices;

(8) Regulations .01—.03 under COMAR 14.30.08 Permissible Labor-Related Activities;

(9) Regulations .01—.03 under COMAR 14.30.09 Collective Bargaining;

(10) Regulations .01—.04 under COMAR 14.30.10 Impasse Procedures;

(11) Regulations .01—.27 under COMAR 14.30.11 Hearings; and

(12) Regulation .01 under COMAR 14.30.12 Procedures Governing Employee Information.

Also, at this time, the Public Employee Relations Board proposes to adopt the following new regulations under a new subtitle, Subtitle 30 Public Employee Relations Board:

(1) New Regulation .01 under a new chapter, COMAR 14.30.01 Definitions;

(2) New Regulation .01 under a new chapter, COMAR 14.30.02 Board Policy;

(3) New Regulations .01 and .02 under a new chapter, COMAR 14.30.03 General Course and Method of Operation;

(4) New Regulations .01 and .02 under a new chapter, COMAR 14.30.04 Filing;

(5) New Regulations .01—.04 under a new chapter, COMAR 14.30.05 Computation of Time Periods;

(6) New Regulations .01 and .02 under a new chapter, COMAR 14.30.06 Requests for and Inspection of Board Documents;

(7) New Regulation .01 under a new chapter, COMAR 14.30.07 Petition for Adoption of Regulation;

(8) New Regulations .01—.26 under a new chapter, COMAR 14.30.08 Procedures Applicable to All Proceedings;

(9) New Regulations .01 and .02 under a new chapter, COMAR 14.30.09 Unfair Labor Practice Proceedings;

(10) New Regulations .01—.24 under a new chapter, COMAR 14.30.10 Representation Elections;

(11) New Regulations .01—.05 under a new chapter, COMAR 14.30.11 Decertification Elections;

(12) New Regulations .01—.05 under a new chapter, COMAR 14.30.12 Petitions for Unit Clarification;

(13) New Regulation .01 under a new chapter, COMAR 14.30.13 Collective Bargaining;

(14) New Regulations .01—.05 under a new chapter, COMAR 14.30.14 Impasse Procedures for Collective Bargaining; and

(15) New Regulations .01 and .02 under a new chapter, COMAR 14.30.15 Negotiability Disputes.

This action was considered at an open public meeting of the Public Employee Relations Board on November 13, 2023.

Statement of Purpose

The purpose of this action is to create a new regulatory structure for this agency in which terms are defined, procedures are clarified, filings and investigation procedures are explained, and Board authority and jurisdiction are described in more detail.

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 Erica Snipes, Acting Executive Director, Public Employee Relations Board, 45 Calvert Street, Suite 102, Annapolis, MD 21401, or call 410-260-7291, or email to erica.snipes@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.

 

14.30.01 Definitions

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 Definitions.

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

B. Terms Defined.

(1) “Board” means the Maryland Public Employee Relations Board (PERB) established by State Government Article, §22–301, Annotated Code of Maryland.

(2) “Business day” means Monday through Friday, excluding State holidays and any other day the State is closed for business.

(3) “Chair” means the chair referenced in State Government Article, §22–302(a)(1), Annotated Code of Maryland.

(4) “Deputy Director” means any appropriate Deputy Director identified in State Government Article, §22-305, Annotated Code of Maryland.

(5) “Election period” means the period from the date an election petition is filed to the date employees can begin voting.

(6) “Executive Director” means the individual appointed by PERB under State Government Article, §22–304, Annotated Code of Maryland.

(7) “Negotiability dispute” means a dispute arising in good faith during the course of collective bargaining as to whether a specific issue is subject to collective bargaining.

(8) “Presiding hearing officer” means the individual or body designated to preside over any hearing conducted under this subtitle.

(9) “State” means the State of Maryland.

 

14.30.02 Board Policy

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 Voluntary Settlements; Adjustments.

A. It is Board policy to encourage the voluntary efforts of the parties to settle or adjust disputes.

B. Such efforts at resolution and any settlements or adjustments reached shall be consistent with the provisions, purposes, and policies of Education Article, Titles 6 and 16, Personnel and Pensions Article, Title 3, and State Government Article, Title 22, Annotated Code of Maryland.

 

14.30.03 General Course and Method of Operation

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 Receipt and Review.

A. The Board may assign the Executive Director to process and assign petitions and charges filed with the Board.

B. The Executive Director shall first screen the petition or charge to ensure that the Board has jurisdiction to hear the case.

.02 Dismissal for Lack of Jurisdiction.

A. Subject to the Board’s approval, the Executive Director may dismiss the case for lack of jurisdiction.

B. In the case of dismissal for lack of jurisdiction, the complainant shall be notified, in writing, of the Board action as well as the reason or reasons for the dismissal.

 

14.30.04 Filing

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 When Filed.

A document is filed with the Board when it is received by the Executive Director or the Executive Director’s designee via mail, email, or personal delivery.

.02 Address and Contact Information.

A. All filings and other communications with the Board shall be addressed to the Maryland Public Employee Relations Board.

B. Means of contacting the Board can be found on its website.

 

14.30.05 Computation of Time Periods

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 Time Periods.

In this subtitle, time periods refer to calendar days unless otherwise indicated.

.02 Service.

A. For purposes of service of any document filed before the Board, absent any evidence to the contrary, it is presumed that any document served by U.S. mail was received by the addressee 3 business days after the date the document was mailed.

B. A 3-day period shall be added to any time period in which service was effected by mail.

 

.03 Beginning and Ending of Time Periods.

A. A time period is computed beginning with the day after the act or event which initiates the period and concludes with the last day of the period.

B. A time period which would otherwise end on a weekend, State holiday, or day the State is closed for business instead ends on the following business day.

C. For time periods of fewer than 10 days, weekend days, State holidays, and days the State is closed for business do not count in computing the time period.

.04 Extension of Time Periods.

The Board or the Executive Director may extend a time period not prescribed by statute. This may happen:

A. Before the initial time period ends, without motion or notice, if good cause for the extension is shown; and

B. After the initial time period ends, upon written motion filed with the Executive Director, if the failure to act was the result of excusable neglect or good cause.

 

14.30.06 Requests for and Inspection of Board Documents

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 General Rules.

A. The public may inspect the rules, decisions, and public records of the Board upon written request filed within a reasonable time period in advance of inspection.

B. A prescribed format for requests for inspection may not be required.

C. Written requests shall be submitted to the Board at its official address.

.02 Requests for Board Documents.

(1) A person may request in writing copies of the Board’s reports, decisions, orders, and certifications.

(2) A request for public records of PERB shall be provided at cost.

 

14.30.07 Petition for Adoption of Regulation

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 Request for New Regulation.

A. An interested person may submit to the Board a petition for consideration of the adoption of a regulation.

B. Within 60 days after the petition is submitted, the Board shall:

(1) In writing, deny the petition and state the reasons for the denial; or

(2) Initiate the procedures for consideration of the regulation.

 

14.30.08 Procedures Applicable to All Proceedings

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 When a Hearing May Be Held.

The Board or its delegee shall hold a hearing when:

A. The Board finds there is a dispute of a material fact or facts and probable cause that an unfair labor practice has been committed;

B. The Board finds that there is a dispute over the appropriateness of a bargaining unit; or

C. There is a request to deny or revoke certification of an exclusive representative for willfully failing to comply with the State Government Article, Title 22, Annotated Code of Maryland.

.02 Representation Hearings.

The Board or its delegee may hold a hearing in representation proceedings other than bargaining unit disputes:

A. To establish procedures for resolving disputes about negotiability; or

B. In impasse proceedings.

.03 Informal Resolution with Parties.

A. Parties on their own may voluntarily settle any matter.

B. A Deputy Director may assist the parties with the settlement of an unfair labor practice case.

.04 Terms of Settlement.

Terms of any voluntarily approved settlement shall be approved by the Board.

.05 Withdrawal of Charge.

A party may withdraw a charge prior to the issuance of a complaint by providing notice to the appropriate Deputy Director.

.06 Expedited Proceedings at the Board’s Discretion.

A. If the Board after review and discussion of all the materials in a case determines that there are no material facts in dispute, the Board may choose to expedite review of the case and decide it without a hearing.

B. If the Board chooses expedited review, the Chair shall inform the parties that the case will be decided without a hearing, unless the parties show that there are material facts in dispute or offer another compelling reason or reasons.

C. In expedited review, the Board shall establish deadlines for the parties to submit a joint statement of material facts, any facts that a party contends are in dispute, and briefs with arguments and precedents in support of their position.

D. The Board shall decide the case based on the submissions of the parties.

.07 Notice of Hearing.

A. Service by Mail. Written notice of a Board or delegated hearing shall be delivered by the Board to all parties by mail or email.

B. Contents. For Board hearings, the notice shall include:

(1) A statement of the date, time, place, nature, and method, whether in-person, by mail, or by electronic means, of the hearing;

(2) A statement of the legal authority and jurisdiction under which the hearing is to be held;

(3) A reference to the particular sections of the statutes and regulations involved;

(4) A copy of the document or documents that prompted the hearing; and

(5) Any other information required by State Government Article, §10-208, Annotated Code of Maryland.

C. For hearings conducted by the Office of Administrative Hearings, notice shall comply with the requirements of COMAR 28.02.01.05.

.08 Determination of Presiding Hearing Officer.

A. In hearings conducted by the Board, the Chair shall preside for purposes of administering the hearing pursuant to this chapter.

B. The Chair may designate a Board member to preside in the Chair’s absence.

C. The presiding hearing officer shall fix the time, place, and method for all hearings.

.09 Representation.

A. Except as otherwise provided by law, a party with standing to participate in a proceeding before the Board may appear and represent themselves or be represented by an attorney licensed to practice law in Maryland.

B. In the event that an out-of-State attorney seeks to represent a party before the Board, the attorney shall apply for admission under Business Occupations and Professions Article, §10-215, Annotated Code of Maryland, and Rules Governing Admission to the Bar of Maryland, Rule 19-217.

.10 Prehearing Submissions and Conference.

A. In hearings conducted by the Board, any party and any interested employee organization may submit to the presiding hearing officer prior to the hearing any motions, pleadings, or briefs for consideration.

B. Documents submitted under §A of this regulation shall be submitted at least 10 days prior to the hearing.

C. The presiding hearing officer may order a prehearing conference for any administrative purpose the presiding hearing officer considers necessary for the appropriate and orderly conduct of a pending matter.

D. The parties shall cooperate in good faith with the presiding hearing officer in the appropriate and orderly conduct of any pending matter.

E. The presiding hearing officer may order, with the consent of all parties, a prehearing conference for the purpose of seeking the voluntary resolution of a pending matter.

.11 Subpoenas.

A. Issuance of Subpoenas.

(1) The Board, the Executive Director, or the Office of Administrative Hearings, as appropriate, may issue subpoenas requiring the attendance and testimony of witnesses and production of documents or tangible items at any hearing.

(2) Subpoenas issued by the Office of Administrative Hearings shall be issued in accordance with COMAR 28.02.01.14.

B. Request for Subpoenas.

(1) A request for issuance of a subpoena shall:

(a) Be made in writing to the Board, Executive Director, or Office of Administrative Hearings, as appropriate;

(b) State:

(i) The name and address of the individual to be subpoenaed;

(ii) If production of documents or tangible items is sought, a particular description of the documents or tangible items sought; and

(iii) The name, address, email address, if any, and telephone number of the party requesting the subpoena; and

(c) Be sent by personal delivery, certified mail, or email to each party.

(2) To the extent practicable, a request for subpoena shall be filed with the Board, Executive Director, or Office of Administrative Hearings, as appropriate, at least 7 days before:

(a) A prehearing conference, if one has been scheduled; or

(b) The hearing, if no prehearing conference has been scheduled.

C. Service of Subpoenas. A subpoena may be served by personal service, by certified mail or by email.

D. If the subpoena is served by an individual other than the Office of Administrative Hearings, a certificate of service attesting to the method of service and date of service shall be filed with the Board, Executive Director, or Office of Administrative Hearings, as appropriate.

E. Objections to Subpoenas. A party or an individual who has been served a subpoena may object to the subpoena by filing a motion to modify or quash the subpoena within 7 days of service of the subpoena or by the date of the hearing, whichever is earlier.

F. Enforcement of Subpoenas.

(1) If a person fails to comply with a properly served subpoena, the Board shall issue an order requiring compliance with the subpoena.

(2) The Board or the Office of Administrative Hearings as appropriate may apply to the appropriate circuit court for an order to show cause why an individual should not be sanctioned for refusal to comply with a subpoena.

.12 Continuance.

A. Application. A party may request a continuance for good cause upon written application to the presiding hearing officer before commencement of the hearing or other proceeding, or by oral application to the presiding hearing officer during the hearing and shall give simultaneous notice of the request to all parties.

B. Order. Board hearings or proceedings on any matter may be continued by order of the presiding hearing officer with the reasons or other conditions stated in the order, with notice to all parties

.13 Failure to Attend Hearing or Proceeding and Default.

A. If, after receiving notice, a party fails to attend a prehearing conference, hearing, or other scheduled proceeding, the Board or delegee, as appropriate, may impose sanctions, which may include a final default decision and order, against the defaulting party.

B. Within 7 days after service of a default decision and order, the party may file a written motion:

(1) Requesting that the default decision and order be vacated or modified; and

(2) Stating the grounds for the request.

C. If the Board or delegee, as appropriate, finds that there is a substantial and sufficient basis for an actual controversy on the merits and that there is good cause to excuse the default, the Board or its delegee, as appropriate, may vacate the default decision and order.

D. A final default decision and order is the final administrative action.

.14 Consolidation.

Upon application of a party or upon its own motion, the Board may consolidate for hearing any cases that involve common questions of law or fact.

.15 Stipulations and Affidavits.

A. Stipulations.

(1) The parties, by stipulation, may agree to any substantive or procedural matter.

(2) A stipulation may be filed in writing or entered on the record at the hearing.

B. Affidavits. A party, the Board or any Board staff, or the presiding hearing officer, because a witness is unavailable for another appropriate reason, may admit an affidavit as evidence. All affidavit testimony shall be under oath or affirmation and subject to the penalties of perjury.

.16 Motions.

A. Process.

(1) Unless otherwise provided by this subtitle, a party:

(a) May move for appropriate relief before or during a hearing, including, if appropriate, for summary decision by the Board; and

(b) Shall submit all motions in writing in accordance with §A(2) of this regulation, or orally at a hearing.

(2) A written motion shall:

(a) Be filed not later than 5 days before the date of a prehearing conference, if any, or 7 days before the date of the hearing;

(b) State concisely the question to be determined;

(c) Be accompanied by all supporting documentation;

(d) Be accompanied by a memorandum of points and authorities; and

(e) Be served on each party.

(3) A response to a written motion shall be filed on the earlier of:

(a) 5 days after service of the motion; or

(b) The date of the hearing.

B. Amendments.

(1) A charge, motion, or response may be amended for good cause shown, but not ex parte, upon motion at any time before the start of the hearing.

(2) Form. Motions to amend shall be in writing filed with the presiding hearing officer, and the moving party shall serve a copy upon all parties by regular mail or email.

(3) The Board, the Executive Director, or the administrative law judge, as appropriate, may schedule a hearing to consider a written motion.

C. Rulings.

(1) The Board may rule on a motion for summary decision prior to, during, or after hearing. The Board may grant such a motion if it finds that:

(a) There is no genuine issue as to any material fact; and

(b) The moving party is entitled to prevail as a matter of law.

(2) The Board or administrative law judge may reserve ruling on a motion until during or after a hearing. The presiding hearing officer may issue a written ruling or orally state the ruling on the record.

(3) If the Board decides that a ruling on a motion shall be reserved until after the hearing, the Board shall issue the ruling in writing and may include the ruling in the final decision.

(4) The filing or pendency of a motion does not alter or extend any time limit otherwise established by this chapter.

.17 Conduct of Hearings.

A. On a genuine issue in a contested case, each party is entitled to:

(1) Call witnesses;

(2) Offer evidence, including rebuttal evidence;

(3) Cross-examine opposing witnesses; and

(4) Make opening and closing statements.

B. Virtual Hearings.

(1) The Board or the administrative law judge, as appropriate, may conduct all or part of the hearing by video conferencing or other electronic means.

(2) All substantive and procedural rights apply to video or other electronic hearings, subject only to the limitations of the physical arrangement.

C. Quorum.

(1) A quorum of the Board shall attend all hearings conducted by the Board.

(2) If reasonably practicable, the attending Board members shall be the Chair, and at least one of the Members from the list submitted by exclusive representatives, and at least one of the Members from the list submitted by public employers.

(3) If all parties consent, it is permissible for a variation from the composition of Board members described in §C(2) to attend the hearing.

.18 Evidence.

A. Evidence shall be admitted in accordance with this chapter and State Government Article, §10-213, Annotated Code of Maryland.

B. The rules of evidence observed by courts do not apply to hearings under this subtitle.

C. The presiding hearing officer shall admit evidence, including reliable hearsay evidence, if it is the kind upon which reasonable persons are accustomed to relying in administrative proceedings.

D. Irrelevant or unduly repetitive evidence may be excluded.

E. The presiding hearing officer shall observe the rules of privilege recognized by law.

F. All testimony at a hearing shall be under oath or affirmation and subject to the penalties of perjury.

G. The presiding hearing officer may admit as evidence all or part of the information described under COMAR 28.02.01.21.

H. Sequestration of Witnesses.

(1) Upon request by a party, or on their own behalf, the presiding hearing officer may sequester witnesses from the hearing room.

(2) The presiding hearing officer shall order the witnesses, parties, attorneys, and all others present in the hearing room not to disclose to any witness sequestered under this section the nature, substance, or purpose of testimony, exhibits, or other evidence introduced during the witness’s absence.

.19 Expert Testimony.

Expert testimony may be accepted by the presiding hearing officer if the testimony, as proffered, would aid in an understanding of the case.

.20 Appointment of Interpreter.

A. If a party or witness cannot readily hear, speak, or understand the spoken or written English language, on motion timely submitted, the Board, the Executive Director, or the presiding hearing officer, as appropriate, shall appoint a qualified interpreter to provide assistance during the hearing.

B. An interpreter shall take an oath or affirmation that the interpreter will accurately translate.

C. The party requesting the interpreter shall bear the cost of the interpreter, unless the party or witness is hearing-impaired.

D. Waiver of Cost of the Interpreter.

(1) A party who by reason of indigence is unable to pay the cost of the interpreter may file a request for waiver of that cost with the presiding hearing officer. The waiver request shall be accompanied by an affidavit verifying the facts set forth in the request and the applicant’s inability to pay.

(2) If the presiding hearing officer is satisfied that the applicant is unable by reason of indigence to pay the cost of the interpreter, the presiding hearing officer may waive the payment of cost, with the cost paid by the Board.

(3) A waiver of the cost of an interpreter shall be available only to an individual applicant and not to a group or other entity.

.21 Burdens of Going Forward and Persuasion.

A. In any proceeding under this chapter, the petitioner, moving party, or appellant bears the burden of going forward to establish a prima facie case as to the existence of grounds for its action.

B. The Board or the presiding hearing officer, as appropriate, shall find against a party with the burden of:

(1) Going forward, if that party has not presented sufficient evidence to establish a prima facie case for the party’s claim or defense; or

(2) Persuasion, if that party has not presented evidence sufficient to establish the correctness of the party’s claim or defense by a preponderance of the evidence.

.22 Ex Parte Communications.

A. A party or a party’s representative may not communicate ex parte with members of the Board, the Executive Director, an administrative law judge, or any of their staff who have participated in the contested case regarding the merits of any issue in the hearing.

B. Actions taken by the Board, Board staff, or an administrative law judge following an ex parte communication are governed by State Government Article, §10-219, Annotated Code of Maryland.

.23 Transcripts; Costs.

A. The Board shall provide a court reporter and transcription services for the hearing, with the cost, including a copy of the transcript being provided to the Board, to be split by the parties.

B. Waiver of Transcription Costs.

(1) A party who by reason of indigence is unable to pay the cost of transcription may file a request for waiver of the costs with the presiding hearing officer.

(2) The request of waiver shall be accompanied by an affidavit verifying the facts set forth in the request and the applicant’s inability to pay.

(3) If the presiding hearing officer is satisfied that the party is unable by reason of indigence to pay the cost of transcription, the presiding hearing officer may waive the payment of cost, and that party’s cost shall be paid by the Board.

(4) A waiver of transcription costs shall be available only to an individual applicant and not to a group or other entity.

.24 Briefs and Oral Arguments.

A. Oral Arguments. At the discretion of the presiding hearing officer, oral arguments may be presented by the parties with time limits determined by the presiding hearing officer.

B. Briefs. Briefs may be filed in the order and within the time and any page limits set by the presiding hearing officer.

C. All briefs shall be served on all parties in the proceeding by mail, email, or personal delivery.

.25 Board Decision.

A. The Board, as soon as reasonably practicable after the conclusion of the hearing, and in accordance with any timelines prescribed by statute, shall issue a written decision.

B. The decision of the Board is the final administrative decision for purposes of judicial review. Unless the matter is remanded for further proceedings, or a motion for reconsideration is filed, the date of the written decision of the Board is the date of the final decision of the agency for purposes of judicial review.

C. A final decision shall:

(1) Be in writing;

(2) Be served on all parties by mail or email; and

(3) Contain:

(a) Findings of fact and conclusions of law, separately stated;

(b) An order; and

(c) A statement of the available procedures and time limitations for review.

D. Reconsideration. In the event of fraud, mistake, or irregularity, a final decision may be reconsidered and corrected at any time.

.26 Judicial Review.

A. A party who is aggrieved by a final decision is entitled to judicial review in accordance with State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

B. The Board may request to intervene as a party to the judicial proceeding.

 

14.30.09 Unfair Labor Practice Proceedings

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 Charge.

A. Party. A party alleging an unfair labor practice may request relief from the Board by filing a charge with the Executive Director.

B. Form. A charge shall be in writing and signed on a form provided by the Board according to this subtitle.

C. Timeliness. The charge shall be filed with the Board within 6 months from the later of the alleged violation or following the time that a reasonable person would, upon exercising due diligence, have discovered the occurrence of the alleged violation.

D. A charge shall:

(1) Accurately describe the issues;

(2) Provide a clear and concise statement of the facts constituting the alleged unfair labor practice, including the names of the individuals involved in the alleged act, the dates and places of the alleged occurrence, and the specific unfair labor practice under this chapter;

(3) Contain the name, mailing address, email address if any, and telephone number of the complainant, and the same information, if known, about any other party named, including the name and title of the complainant’s representative, if any, and the representative of any other named party; and

(4) Include a declaration that the complainant swears and affirms, under the penalties of perjury and upon knowledge, information, and belief, that the allegations are true and correct.

E. The charging party shall serve the charge on all other parties by personal delivery, mail or email, and provide a certificate of service to the Executive Director by mail or email.

.02 Investigation.

A. After a charge is properly filed with the Board, the Executive Director shall, as soon as reasonably practicable, email or mail a copy of the charge to all parties along with a letter explaining the next steps of the process.

B. A Deputy Director shall commence investigation of a charge as soon as reasonably practicable after it is filed, and notify the Executive Director and the Board if the Deputy Director finds:

(1) The charge is untimely filed;

(2) The charge fails to state an actionable claim under State Government Article, Title 22, Annotated Code of Maryland; or

(3) The Board holds no jurisdiction over the claims presented in the charge.

C. If the charge alleges an unfair labor practice “resulting from a party’s conduct in collective bargaining” and alleges it has affected bargaining, the following actions are required:

(1) A Deputy Director shall notify the charged party that it must file a response to the charge with the Board within 10 days of the date of the letter issued by a Deputy Director under §A of this regulation.

(2) The charged party’s response shall include a specific admission or denial of each allegation of the complaint. Admissions or denials may be made to all or part of an allegation but shall fairly address the allegations. If appropriate, the answer may include any defense.

(3) If, upon proper service of the complaint, the respondent fails to file a response, the failure may be considered by the Board to be an admission of the material facts alleged in the complaint.

(4) The Deputy Director shall investigate the allegations, the defenses, and all relevant facts.

(5) Within 20 days of the filing of the charge, the Deputy Director shall seek informal resolution of the charge with the parties.

(6) Within 20 days of the filing of the charge, the Deputy Director shall submit to the Board a written report. The report shall set forth the Deputy Director’s recommendations to the Board as to whether, based on the totality of the factual circumstances ascertained during the investigation, probable cause exists to believe that the alleged unfair labor practice has occurred.

(7) After receiving the Deputy Director’s report, and within 30 days of receiving a properly filed charge, the Board shall decide whether to issue a complaint or dismiss the charge. The Board may also seek informal resolution of the charge by stipulation, agreed settlement, consent order, or by any other method agreed upon by the parties.

(8) The Board shall issue its decision within 90 days of the filing of the charge.

D. For all charges of unfair labor practices not covered by §C of this regulation, the following actions are required:

(1) A Deputy Director shall notify the charged party that it must file with the Board a response to the charge within 20 days of the date the processing letter was sent. Upon application and good cause shown, the Executive Director may extend the time to answer to a specific time and date.

(2) The Deputy Director shall investigate the allegations, defenses, and all relevant facts.

(3) The Deputy Director shall, prior to submitting a recommendation to the Board, seek informal resolution of the charge with the parties.

(4) The Deputy Director shall provide to the Board a case file of all relevant information gathered in the investigation, including the charge, any responses, any requested exhibits, and a written report. The report shall set forth the Deputy Director’s recommendations to the Board as to whether, based on the totality of the factual circumstances ascertained during the investigation, probable cause exists to believe that the alleged unfair labor practice has occurred.

(5) After receiving the Deputy Director’s report, the Board shall decide whether to issue a complaint or dismiss the charge. The Board may also seek informal resolution of the dispute by stipulation, agreed settlement, consent order, or any other method agreed upon by the parties.

E. The Board may establish appropriate internal procedures, as considered necessary, to further implement this chapter.

F. If the Board finds that probable cause exists to support an unfair labor practice, the Board shall take the actions required by the State Government Article, §22-307, Annotated Code of Maryland, including issuing a complaint. Not less than 15 days after issuing a complaint, the Board shall issue a Notice of Hearing before the Board or the Office of Administrative Hearings.

 

14.30.10 Representation Elections

Authority: State Government Article, §§22-306(e)—22-205(e), Annotated Code of Maryland

.01 Filing a Petition.

A representation petition may be filed by:

A. An employee organization seeking certification as an exclusive representative; or

B. An employee, a group of employees, or an employee organization seeking a new election to determine an exclusive representative.

.02 When to File the Petition.

A petition may be filed at any time, provided that no election may be held for a bargaining unit within 12 months following the final date of a previous election conducted for that unit.

.03 How to File a Petition.

An original and any amended petition shall be filed with the Executive Director. The petitioner shall make and maintain a copy of the petition or amended petition.

.04 Eligible Voters.

Employees eligible to vote are those employees who:

A. Are employed on the date of the last payroll period before the petition for the election is filed; and

B. Are still employed at the end of the election period.

.05 Petition.

A. An initial petition for a representation election, and any other petitions for an employee organization to be included on the ballot in that election, shall meet the showing of interest requirements set forth in State Government Article, §§22-402 and 22-405, Annotated Code of Maryland.

B. Every petition shall be in writing and shall contain:

(1) The name, address, telephone number, and email address of the petitioner’s representative;

(2) The purpose for the petition;

(3) The bargaining unit involved in the petition;

(4) A copy of the most current or recent collective bargaining agreement, if any;

(5) A declaration by the petitioner or the petitioner’s representative under the penalties of perjury that the contents of the petition are true and correct to the best of the declarant’s information and belief; and

(6) Any other facts relevant to the petition.

C. In addition to the items required by §B of this regulation, an election petition shall contain or be accompanied by:

(1) The name of the employee organization as it will appear on the ballot;

(2) Showing of interest forms signed by the percentage of eligible employees in the appropriate bargaining unit required by State Government Article, §§22-402 and 22-405, Annotated Code of Maryland;

(3) A copy of the employee organization’s governing documents that:

(a) Give individual members the right to participate in the activities of the organization;

(b) Require periodic elections by secret ballot that are conducted with recognized safeguards to ensure the equal rights of all members to nominate, seek office, and vote in the elections; and

(c) Direct full and accurate accounting of all income and expenses using standard accounting methods; and

(4) A certification that the organization accepts members without regard to any characteristic listed in State Government Article, §22-201(d), Annotated Code of Maryland.

D. When filing the petition, the petitioner shall also request a preferred method of voting, that is, on-site, by mail, or by electronic means.

.06 Showing of Interest Forms.

A. The employer shall provide to the Board and the petitioner within 2 days of the filing of a petition an alphabetical list of public employees in the bargaining unit requested by the petitioner with the information required by State Government Article, §22-402(f)(2), Annotated Code of Maryland.

B. The Executive Director shall determine the adequacy of the showing of interest based on the number of eligible employees in the proposed unit by comparing the showing of interest forms with the list provided by the employer.

C. Content of Form.

(1) Each showing of interest form shall be an original separate document for each eligible employee in the appropriate bargaining unit who supports representation by the petitioner organization.

(2) A signed union authorization card or union membership card including the name of the petitioner is a valid showing of interest form.

(3) Forms other than union authorization cards or union membership cards shall contain:

(a) A handwritten or electronic signature of the employee;

(b) The date the form was signed; and

(c) A statement that the employee who signed the form desires to be represented by the petitioner for the purposes of collective bargaining.

(4) All signatures used for the showing of interest, including those on authorization or membership cards, shall be collected no more than 18 months prior to the filing of the petition.

.07 Evaluation of Showing of Interest Forms.

A. Review by Executive Director.

(1) Each name on the showing of interest forms shall be compared with the names on the employer list.

(2) Each valid showing of interest form shall be marked in the upper right hand corner in a suitable fashion to show it has been accepted.

(3) Each invalid showing of interest form shall be marked as:

(a) “NOL” if the name is not on the employer list;

(b) “Excluded” or with an abbreviation thereof if named by the employer as an excluded employee; or

(c) “Invalid” or with an abbreviation thereof if determined invalid by the Executive Director.

(4) Forms marked “excluded” or with an abbreviation shall indicate the employer’s stated reason for exclusion as follows:

(a) Managerial employee;

(b) Confidential employee;

(c) When excluded from the definition of public employee, a supervisory employee; or

(d) Other stated reason for exclusion.

(5) Forms marked “invalid” shall show the reason for invalidity as follows:

(a) Illegible;

(b) A duplicate showing of interest form for the same petitioner;

(c) Fraudulent; or

(d) Other stated reason for invalidity.

B. If an employee files one showing of interest form for more than one exclusive representative, one form for each exclusive representative shall be valid if the showing of interest form otherwise complies with this subtitle.

C. The number of accepted showing of interest forms shall be tabulated.

D. If the Executive Director determines the showing of interest is not adequate, the Executive Director shall allow the petitioner a minimum of an additional 30 days to submit additional showing of interest forms after the petitioner is notified of the determination.

E. Showing of interest forms are confidential and may not be released unless a petition is declared invalid. If a petition is declared invalid, the marked showing of interest forms shall be returned to the petitioner.

.08 Petitioned-for Bargaining Unit.

A. Scope of Board Authority over Bargaining Units.

(1) The Board or its delegee shall decide if the bargaining unit identified in the petition is appropriate.

(2) The Board may not modify any bargaining unit defined prior to June 30, 2023.

(3) The Board may not modify any bargaining unit covered by a collective bargaining agreement in effect on June 30, 2023.

B. If there is no dispute about the appropriateness of the petitioned for bargaining unit, the Board or its delegee shall, either along with other orders about the election or separately, order the petitioned-for unit as appropriate for the election, or certify the petitioner as the unit’s representative pursuant to COMAR 14.30.08.09, and for bargaining.

C. If the appropriateness of the petitioned-for bargaining unit is disputed, the Board shall:

(1) Conduct a hearing; and

(2) Determine the appropriate bargaining unit and issue an order defining the unit accordingly.

D. If the bargaining unit determined appropriate by the Board differs from the petitioned-for bargaining unit, the Board or its delegee may:

(1) Dismiss the petition;

(2) Direct an election in the appropriate bargaining unit if at least 30 percent of the employees counted towards the showing of interest are employed in the appropriate bargaining unit; or

(3) Certify the petitioner as the representative of the unit without an election pursuant to Regulation .09 of this chapter.

.09 Certification Without Election.

A. At the time of the showing of interest, the Board shall certify the employee organization as the exclusive representative without an election if:

(1) A petition for an exclusive representative has been filed for a bargaining unit;

(2) The Board finds that a majority of the employees in the bargaining unit have signed valid authorizations designating the employee organization as their exclusive representative; and

(3) No other employee organization is currently certified or recognized as the exclusive representative of the bargaining unit.

B. If the Board certifies an employee organization as an exclusive representative under §A of this regulation, the Executive Director shall notify all parties of this certification.

.10 Posting of Petitions.

A. As soon as practicable, but not later than 5 business days after a determination that a lawful election shall be conducted, the Executive Director shall post a copy of the petition on the bulletin board outside the Board’s office, and on the Board’s website, showing the date of posting.

B. A posted election petition shall remain posted until the requested election is completed or until, for any reason, the petition is dismissed.

.11 Method of Voting.

A. The available methods of voting are in-person, by mail or by electronic means.

B. No matter which method is used, voting shall be by secret ballot.

C. The voting method preferred by the petitioner, if any, shall be used, unless another employee organization that will be on the ballot requests a different method.

D. If there is a dispute between two or more employee organizations on the voting method, the Board shall designate the method of voting.

.12 Time Period for Voting.

A. Eligible voters shall be given at least 10 days to vote with the final day for voting within 90 days of the date the Board received the election petition.

B. For on-site voting, each of the 10 days for voting shall be a working day for employees.

.13 Preparation for Election.

A. The Executive Director, or designee, shall consult with the public employer and the petitioners about the 10-day time period for election voting. The Executive Director or designee may require the parties to attend a preelection conference in person or virtually.

B. Whether by consultation or preelection conference, or both, the Executive Director or designee shall gather information on relevant election factors to determine the:

(1) Tentative dates of election;

(2) Times of election on each date;

(3) Place of election;

(4) Identity of eligible voters; and

(5) Method of voting.

.14 Notice of Election.

A. Within 30 days of the filing of a valid petition of election, the Executive Director shall send a notice of election indicating that a valid petition has been filed and that an election will be conducted to:

(1) The petitioner;

(2) All interested employee organizations that qualified for the ballot; and

(3) The employer.

B. The notice of election shall provide a sample ballot and identify:

(1) The employer;

(2) The bargaining unit;

(3) Choices presented to the voter.

C. The notice of an on-site election shall include:

(1) The 10 days for voting;

(2) The location of polling places; and

(3) The hours the polls will be open.

D. The notice of a mail ballot election shall include:

(1) The date the ballots will be mailed or distributed to the voters, provided that the ballots will be mailed approximately 2 business days before the time period for voting;

(2) The 14-day time period in which mail ballots may be postmarked for return to the Executive Director, provided that the final day of the period is not later than 90 days after the election petition is filed; and

(3) The date and time the ballots will be counted;

(4) The place and time of ballot counting; and

(5) Further information that the Executive Director considers appropriate.

E. The notice of an electronic voting election shall include:

(1) The 10 days for voting; and

(2) The name of the vendor who will communicate with the voter about how to vote.

F. Posting Notice of Election.

(1) A copy of the notice of election and the sample ballot shall be posted at the Board’s office at least 21 days before the election.

(2) A copy of the notice of election and the sample ballot shall be posted by the employer at all work locations where notices are customarily posted for the benefit of employees in the bargaining unit. The employer shall post the notice of election and sample ballot for at least 21 days before the election or distribution of mail ballots, or for at least 14 days if the time before the election or ballot distribution is shorter, and post them through the end of the election.

(3) Posting requirements may be modified by mutual written agreement of all parties filed with and approved by the Executive Director.

(4) Notwithstanding §F(2) of this regulation, the Executive Director may tailor posting requirements to provide adequate notice to employees.

(5) The employer shall take reasonable precautions to ensure that notices of election and sample ballots are not altered, covered, defaced, or removed before the completion of the election. If a notice is so affected, the employer shall replace the notice of election and sample ballots with a new notice.

.15 Withdrawal from Election.

A. Prior to Notice of Election: When a withdrawal request is received prior to the sending of the notice of election, the Board or its delegee shall grant the request without prejudice to the subsequent filing of a new petition by the petitioner.

B. After sending of the Notice of Election. When a withdrawal request is received after the notice of election was sent, the Board shall grant the request, but may bar that party from refiling a petition for a period of 6 months from the grant of withdrawal.

.16 Ballots.

A. The Executive Director shall prepare and distribute official ballots.

B. Ballots shall contain the name of each candidate for representative along with a final choice of “no exclusive representative”.

C. The order of candidates on the ballots shall be determined by drawing lots under the administration of the Executive Director.

D. Eligible candidates in a runoff election shall be listed as they appeared on the initial ballot.

E. The format of the ballot shall to the extent possible be the same for mail and electronic voting elections as for on-site elections.

.17 Voter List.

A. No later than 10 days prior to the start of voting, the employer shall provide an up-to-date and accurate voter list to the Executive Director.

B. The voter list shall contain the following information for each employee in the unit eligible to vote:

(1) Full name;

(2) Job title;

(3) Worksite address; and

(4) Email address, if any.

C. The Executive Director shall promptly provide the voter list to the petitioner and all other employee organizations included in the election.

.18 Conduct of Elections.

A. The anonymity of ballots shall be maintained to the greatest extent possible.

B. On-Site Elections.

(1) Voting shall be scheduled during workdays whenever possible and polling places and voting times shall permit reasonable access by voters. Public employers shall grant reasonable release time to employees so that the employees can vote during their workday or shift.

(2) The Executive Director shall oversee the election. At the discretion of the Executive Director, the election may be overseen by an election judge who shall be a board member or other designated individual who is selected based upon qualifications and integrity.

(3) The Executive Director or election judge shall be solely responsible for:

(a) The conduct of the election;

(b) The regulation of the polling site and immediate environs, including the designation of the boundaries of the polling areas;

(c) The maintenance of voting materials, including ballots;

(d) The counting of ballots and recording of the results; and

(e) The certification of the accuracy of the ballot count.

(4) There shall be no electioneering of any kind within the marked and designated polling areas. In addition, no voter shall be subjected to intimidation, duress, or coercion during an election. The Board may set aside an election outcome favorable to a party who substantially and materially violates this provision, and order remedies for the violation, which might include a new election.

(5) If there is more than one polling place, the Executive Director or election judge shall sequester ballots from each location until counted. Sequestered ballots shall be sealed in an envelope or other appropriate container and delivered to the counting location.

(6) Election Observers. Each employee organization participating in an on-site election may be represented by one observer who has no supervisory power over employees who are voting per bargaining unit, at each polling place, to observe:

(a) The voting activities; and

(b) The counting of the ballots and the certification of the accuracy of the ballot count.

(7) The public employer may designate one observer who is not a supervisor of any of the employees who are eligible to vote in the election, per bargaining unit, at each polling place, to observe:

(a) The voting activities; and

(b) The counting of the ballots and the certification of the accuracy of the ballot count.

(8) The participating unions and the public employer shall provide the Executive Director, at least 3 days before the start of the election, with the names of their designated observers and no more than two alternate observers for each one, unless otherwise agreed to by the parties and the Executive Director, who may observe in place of, but not in addition to, a designated observer.

(9) The final certification of the accuracy of the ballot count shall be by the Executive Director.

C. Mail Ballot Elections.

(1) On the scheduled date for mailing ballots, the Executive Director shall mail to each eligible voter:

(a) An official ballot;

(b) A “Secret Ballot Envelope”;

(c) A “Mail Ballot Envelope”; and

(d) Voting instructions.

(2) The voting instructions shall instruct the voter to return the ballot to the Board in the two envelopes as follows:

(a) The voted ballot shall be placed in the smaller envelope marked “Secret Ballot Envelope”, which contains the name of the bargaining unit and any additional instructions required by the Executive Director;

(b) The smaller envelope shall then be placed in the larger “Mail Ballot Envelope”; and

(c) The “Mail Ballot Envelope” is then to be mailed or delivered to the Executive Director.

(3) The “Mail Ballot Envelope” shall be:

(a) Preaddressed; and

(b) Postage prepaid.

(4) The “Mail Ballot Envelope” shall contain a space to identify:

(a) The voter by name;

(b) The employer;

(c) The bargaining unit;

(d) The voter’s signature; and

(e) Other information that the Executive Director may require.

(5) A ballot shall be voided if the voter fails to provide or destroys any required identity information on the “Mail Ballot Envelope”.

(6) Each “Mail Ballot Envelope” shall be authenticated against the list of eligible voters when the ballots are counted.

(7) “Secret Ballot Envelopes” shall be removed from authenticated “Mail Ballot Envelopes” and deposited in a suitable container with other “Secret Ballot Envelopes” to preserve anonymity.

(8) Each party to a mail ballot election may be represented by one representative to observe the counting of the ballots and the certification of the accuracy of the ballot count. The Executive Director shall arrange for the opportunity for this observation.

(9) After all the authenticated “Secret Ballot Envelopes” are collected, the ballots shall be removed and counted at random and recorded in the presence of election observers, if any.

(10) All challenges to mail ballots due to the identity or eligibility of the voter shall be raised before the removal of the “Secret Ballot Envelope” from the “Mail Ballot Envelope”.

D. Electronic Voting.

(1) The Board shall designate the vendor who will administer the electronic voting. The parties shall split the costs of the vendor.

(2) Any challenges to a voter’s eligibility to vote shall be resolved before the employee votes.

(3) After eligibility is resolved, the Board shall ensure that a list of voters is produced, and the Board shall provide that list to the vendor and all parties.

(4) Log-in credentials for voting shall be randomly assigned to each voter so that nobody other than the voter can access each log-in credential.

(5) One observer from each party may observe how credentials are prepared and watch the tabulation.

(6) The electronic voting system cannot link a voter to their vote, once cast, and nobody is permitted to attempt to use the system to make such a link.

(7) The vendor shall retain the voting system and digital records until the election is complete.

.19 Challenged Ballots.

A. A voter may be challenged for cause by a designated observer described in Regulation .18 of this chapter.

B. If a voter is challenged for cause, the challenged voter may vote and shall then place the ballot in an envelope marked only “Secret Ballot”.

C. The “Secret Ballot Envelope” shall next be sealed in a separate envelope marked “Challenged Ballot Envelope”, which identifies on the outside:

(1) The identity of the challenged voter;

(2) The name of the person making the challenge; and

(3) The reason for the challenge.

D. The challenged voter shall then report to the Board representative at the election, who shall allow the challenged voter to place the “Challenged Ballot Envelope” into the container with the regularly cast ballots.

E. If a mail ballot election, the Board representative shall write on the outer envelope the cause of the challenge and set the challenged ballot aside.

.20 Void Ballots.

A. The Executive Director or the election judge shall determine a ballot void if:

(1) The ballot does not reveal the intent of the voter due to:

(a) Mutilation;

(b) Soiling; or

(c) Any other reason;

(2) In the case of a mail ballot, for the reasons in §A(1) of this regulation or if it is returned without all required voter identification.

B. A void ballot may not be considered in the tally.

C. The Executive Director or the Executive Director’s designee shall liberally view ballots in favor of validity by focusing on the objective of determining the intent of the voter.

.21 Tally of Ballots.

A. Ballots shall be counted at a place and time prescribed by the Executive Director, or the Executive Director’s designee, and shall be open to public viewing.

B. The Executive Director, or the Executive Director’s designee, shall undertake the counting of the ballots. One observer from the public employer and one observer from each party to the election may observe this ballot counting. All observers shall observe the counting in the same way, either all in-person or all virtually.

.22 Election Result.

A. The Executive Director shall, after the tally of ballots is completed, report to the parties within 5 days:

(1) The choice earning a majority of votes cast, if any choice on the ballot received such a majority; or

(2) If none of the choices on the ballot receive a majority of the valid votes cast in an election, that the Board will conduct a runoff election between the choices that received the two highest number of votes in the election.

B. When providing either one of these reports, the Executive Director shall also provide to the parties the official tally of ballots. The Executive Director shall maintain proof that the official tally was shared with the parties, and produce the tally upon request by any party.

.23 Post-Election Procedures.

A. Challenged Ballots. When there are sufficient unresolved challenges to affect the election results, within 10 days after the Executive Director sends the election result, the party or parties making the challenges shall file with the Board a statement of reasons for each challenge and any supporting evidence.

B. Objections. Any objection to the election shall:

(1) Be filed with the Board, and served on all other parties, within 10 days of the Executive Director sending the election result, even when challenged ballots are sufficient in number to determine the outcome of the election; and

(2) Include a specific st