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Maryland Register
Issue Date: January 26, 2024 Volume 51 • Issue 2 • Pages 63 — 122
Governor Judiciary Regulations Special Documents General Notices
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| Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before January 8, 2024 5 p.m.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 |
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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;
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
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.
Declaration of a State of
Preparedness ....................................
Re-establishing the Joint Enforcement
Task Force on
Workplace Fraud
DISCIPLINARY PROCEEDINGS .................................... 75
08 DEPARTMENT OF NATURAL RESOURCES
Home Environment and Equipment
CHILD CARE—LETTERS OF COMPLIANCE
Home Environment and Equipment
CCA Pre-Enrollment Information
CCA Utility Coordination and Billing
Historical and Forecast Electricity
Price Trends
CCA Non-Commodity Fees and Charges
Tariff
Structure
Recovery of Uncollectible SOS Expense
from CCA
Customers
SOS Risk Mitigation and Pilot Annual
Reporting
30 MARYLAND INSTITUTE FOR EMERGENCY
MEDICAL SERVICES SYSTEMS (MIEMSS)
Proposed Action on
Regulations
10 MARYLAND DEPARTMENT OF HEALTH
Maryland Children's Health Program
Medical Assistance Eligibility
Pharmacists ..............................................................................
Production, Processing,
Transportation, Storage, and
Distribution of Grade “A” Milk
Pharmacist Prescribing of a Nicotine
Replacement Therapy
Medication
BOARD OF OCCUPATIONAL THERAPY PRACTICE
BOARD OF MASSAGE THERAPY EXAMINERS
Rules of Procedure for Board Hearings
Continuing Education Requirements
12 DEPARTMENT OF PUBLIC SAFETY AND
CORRECTIONAL SERVICES
Private Home Detention Monitoring
Agencies
Child Supervision .....................................................................
Safety .......................................................................................
CHILD CARE — LETTERS OF COMPLIANCE
Safety .......................................................................................
STATE HIGHER EDUCATION LABOR RELATIONS
BOARD
Denial or Revocation of Certification
Permissible Labor-Related Activities
Procedures Governing Employee Information
PUBLIC EMPLOYEE RELATIONS BOARD
Board Policy .............................................................................
General Course and Method of
Operation
Requests for and Inspection of Board
Documents
Petition for Adoption of Regulation
Procedures Applicable to All
Proceedings
Unfair Labor Practice Proceedings
Petitions for Unit Clarification
Impasse Procedures for Collective
Bargaining
General Practice and Hearing
Procedures
Bargaining Unit and Bargaining
Representative Determination
Unfair Labor Practice Complaint
Process
Collective Bargaining, Negotiations,
and Negotiability
Disputes
Procedures Governing Employee Information
PUBLIC SCHOOL LABOR RELATIONS BOARD
Recognition of Employee Organizations
Public Information Act Requests
Attendance, Recording, Photographing,
and Broadcasting of
Open Sessions
15 MARYLAND DEPARTMENT OF AGRICULTURE
Cost Sharing—Water Pollution Control
Program
BOARD OF VETERINARY MEDICAL EXAMINERS
Fees ..........................................................................................
21 STATE PROCUREMENT REGULATIONS
STATE PROCUREMENT REGULATIONS AND
CONTRACTS
PROCUREMENT METHODS AND PROJECT DELIVERY
METHODS
Small Procurement Regulations
($100,000 or Less)
Mandatory Written Solicitation
Requirements
Intergovernmental Cooperative
Purchasing
American-Manufactured Goods and
Services
— Preference
PROCUREMENT REPORTING REQUIREMENTS
Veteran-Owned Small Business
Enterprises
30 MARYLAND INSTITUTE FOR EMERGENCY
MEDICAL SERVICES SYSTEMS (MIEMSS)
Specialty Care Transport Services
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0029
Water Quality Certification 23-WQC-0031
MARYLAND HEALTH CARE COMMISSION
SCHEDULE FOR CERTIFICATE OF
CONFORMANCE
REVIEWS — PERCUTANEOUS CORONARY
INTERVENTION SERVICES ...................................... 120
Proposed Additions to
Handgun Roster and Notice of Right
to Object or Petition
STATE COLLECTION AGENCY LICENSING BOARD
Public Meeting .........................................................................
Public Meeting .........................................................................
Public Meeting .........................................................................
MARYLAND DEPARTMENT OF HEALTH/STATE
COMMUNITY HEALTH WORKER ADVISORY
COMMITTEE
MARYLAND HEALTH CARE COMMISSION
Request for Proposed Project Change
to Approved Exemption
Request
BOARD OF WATERWORKS AND WASTE SYSTEMS
OPERATORS
Public Meeting .........................................................................
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 |
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.
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)
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]
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]
(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]
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]
Symbol Key
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indicates text already existing at the time of the proposed action.
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at the time of proposed action.
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• [[Double brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
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
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
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 |
(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
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
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)
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)
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
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
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
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
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
.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
(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
(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
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 statement
of the reasons for each objection, including describing how the election
outcome was allegedly prejudiced, and also provide any supporting evidence.
C. If the challenged
ballots are sufficient in number to affect the results of the election or if
objections are filed, the Executive Director, or another person designated by
the Board, shall conduct an investigation and make a report and recommendation
of findings to the Board on the merits of the objections filed or the validity
of any determinative challenges.
D. Hearings. If the Board
has reason to believe that the allegations or challenges may be valid, the
Board shall order a hearing, if necessary, and make a determination on the
findings made in the Executive Director’s or the Board designee’s report. The
procedures of COMAR 14.30.08 shall apply to any hearing ordered.
E. Final Board Action.
After consideration of the findings made by the Executive Director or designee,
and any hearing held, the Board shall certify the results of the election, as
appropriate, issuing a certification of representative, overturning the results
of the election, ordering a new election, or dismissing the petition or
petitions.
.24 Runoff Election.
A. If none of the choices
on the ballot receive a majority of the valid votes cast in an election, the
Executive Director shall conduct a runoff election between the two choices that
received the two largest numbers of votes in the initial election.
B. A runoff election
shall be held at least 10 days, and not later than 30 days, after the Board
resolves all relevant and properly filed objections or challenges to ballots.
C. Only employees who
were eligible to vote in the initial election and who remain in the bargaining
unit on the dates of the runoff election are eligible to vote in the runoff
election.
D. The order of
appearance of the choices on a runoff ballot shall be the same as on the
initial ballot.
E. The provisions of COMAR
14.30.10.18—.23 apply to the runoff election.
14.30.11 Decertification Elections
Authority: State Government Article, §§22-306(e)—22-205(e),
Annotated Code of Maryland
.01 Filing Petitions.
A petition for an
election to determine whether an exclusive representative should no longer
represent a unit, known as a “decertification petition” and a “decertification
election” may be filed only by an employee in that unit who is currently so
represented. An employer may not initiate or assist an employee or group of
employees in the filing of a decertification petition.
.02 When to File the
Petition.
A. A decertification
petition may not be filed for a bargaining unit within 2 years following the
final date of a previous election conducted for that bargaining unit.
B. If an agreement between
the public employer and incumbent employee organization is in effect, a valid
decertification petition may be filed and an election held only if the petition
is filed not more than 120 days nor less than 90 days prior to expiration of
the agreement.
.03 Showing of Interest.
For a decertification
petition and election, a showing of interest form is valid if the signatures
were collected within the 9-month period immediately preceding the date on
which the petition for election is filed.
.04 Decertification
Petition Proceeding — Participants.
A. If there is no
intervening employee organization in a decertification petition proceeding, an
election to decertify an incumbent certified employee organization may not be
held if the incumbent provides the Board with a written disclaimer of any
representation interest in the unit in response to the Notice of Election.
B. If there is an
intervenor, an election shall be held if the intervening employee organization
proffers a 30 percent showing of interest in a reasonable period of time prior
to the date originally scheduled for the election.
C. If there is no
intervening employee organization, an election will not be conducted if the
petitioner provides the Board with a written request to withdraw the petition.
D. If there is an
intervenor, an election will be conducted if the intervening employee
organization proffers a 30 percent showing of interest in a reasonable period
of time prior to the date originally scheduled for the election.
.05 Method of Voting; Certain
Applicable Regulations.
A. The Board shall
designate the method of voting based on the request of one or more employee
organizations on the ballot.
B. If there is a dispute
between two or more employee organizations on the ballot over the method of
voting, the Board shall designate the method of voting.
C. Except for the provisions in this chapter,
the Board shall abide, the Board
shall abide by COMAR 14.30.10 in processing decertification petitions and
elections.
14.30.12 Petitions for Unit Clarification
Authority: State Government Article, §§22-306(e)—22-205(e),
Annotated Code of Maryland
.01 Petition.
A. A unit clarification
petition alleges that an employee organization is currently recognized by the
public employer as the representative of employees in the unit, but the
petitioner seeks clarification of the placement of certain employees in that
unit.
B. A unit clarification
petition may be filed by the public employer or recognized employee
organization.
C. Content.
(1) A unit clarification
petition seeks the Board to determine whether particular employees shall be
included in or excluded from an existing unit.
(2) A unit clarification
petition shall contain a description of the proposed clarification and a
statement of the reasons.
(3) A certified employee
organization shall also submit a copy of the certification for the unit.
(4) All parties shall
submit copies of any presently existing or recently expired contracts covering
any of the employees at issue.
D. Examples of common reasons
for unit clarification petitions include:
(1) Changes in the
employer’s operations and the parties are unable to agree whether or not the
affected employees shall be included in or excluded from the recognized unit;
(2) To resolve
eligibility or inclusion issues that were deferred in the preelection process
and thus not agreed to by the parties or determined by the Board, Executive
Director, or other designee; and
(3) To determine the
status of individuals who voted subject to challenge in an election but whose
ballots were not determinative.
.02 Board Actions Regarding Bargaining Units.
The Board may not clarify:
A. Any bargaining unit
defined prior to June 30, 2023; or
B. Any bargaining unit
covered by a collective bargaining agreement in effect on June 30, 2023.
.03 Investigation.
A. Review of Petition.
(1) On receipt of the
unit clarification petition, the Executive Director or designee shall advise
the parties that the determination may be based on the investigation, without
the need for a hearing.
(2) The Executive
Director or designee shall review the petition and any supporting materials and
related cases. The Executive Director or designee shall ensure that there are
no fatal defects on the face of the petition and that the requested changes and
the reasons are sufficiently described.
B. If it appears that a
question concerning representation exists, or if for any other reason it
appears that the case would ultimately be dismissed, the Executive Director or
designee shall advise the petitioner and a withdrawal request shall be
solicited. If a withdrawal is not received, the Board shall issue a decision
and order dismissing the petition.
.04 Hearing.
A. While investigating,
the Executive Director or designee shall decide whether a hearing is necessary
to decide issues presented by the unit clarification petition. The Executive
Director or designee may make a determination based on the investigation,
without a hearing. If a hearing is found necessary, the Executive Director or
designee shall make a recommendation to the Board.
B. If the Board chooses a
hearing for the unit clarification petition, the Board shall also assign a
presiding officer for the hearing. The presiding officer and parties shall
abide by the applicable hearing and post-hearing procedures set forth in this
chapter for a unit clarification petition hearing.
.05 Determination.
A. If no hearing is
conducted, the Executive Director or other designee shall prepare a written
recommendation to the Board of the appropriate course of action to resolve the
issues presented by the petition.
B. If a hearing is
conducted, the presiding officer shall prepare a written recommendation to the
Board of the appropriate course of action to resolve the issues presented by
the petition.
C. Based on the
recommendation the Board receives, the Board shall prepare a decision and order
that clarifies the bargaining unit or dismisses the petition.
14.30.13 Collective Bargaining
Authority: State Government Article, §§22-306(e)—22-205(e),
Annotated Code of Maryland
.01 Negotiations.
A. The designated
representatives of the employer and of the exclusive representative shall:
(1) Establish ground
rules for negotiations;
(2) Identify the
participants for negotiations;
(3) Establish the amount
of release time for negotiating;
(4) Set a tentative
schedule and agenda for negotiations;
(5) Establish any other
matter deemed pertinent and necessary before beginning any other negotiation activities;
(6) Meet at reasonable
times and locations agreeable to all parties; and
(7) Negotiate a written
agreement by collective bargaining in good faith in closed sessions.
B. Negotiations shall
address:
(1) Wages;
(2) Hours of work;
(3) Other terms and
conditions of employment; and
(4) Any matter required
by applicable law.
C. A party to collective
bargaining negotiations may not be compelled to:
(1) Agree to a proposal;
or
(2) Make a concession.
D. An employer may not be
required to negotiate over any matter that is inconsistent with applicable law,
but an employer may reach agreement regarding any such matter if it is
understood that the agreement with respect to the matter cannot become
effective unless the applicable law is amended by the General Assembly.
14.30.14 Impasse Procedures for Collective Bargaining
Authority: State Government Article, §§22-306(e)—22-205(e),
Annotated Code of Maryland
.01 State Government
Employees.
A. Offer of or Request
for Mediation. The Board may, on its own initiative, offer mediation to the
parties. Either party may also request that the Board appoint a mediator.
Acceptance of an offer of mediation or agreement to participate in mediation is
voluntary. If either party declines mediation after it has been requested by a
party or offered by the Board, that party shall decline the mediation services
in writing with a brief statement of the reason for declining to participate in
mediation.
B. An original and one
copy of the request for mediation shall be filed with the Board and served on
the other party.
C. Mediation for State
government employees is a consensual process by which the parties are assisted
by a mediator in voluntarily arriving at an agreement and under which neither
party is nor can be compelled to make a concession or enter into an agreement.
D. Appointment of
Mediator. Upon receipt of a request for mediation, the Board may, with the
consent of both parties and after consultation with the parties, appoint an
impartial and disinterested individual as mediator, including a Member of the
Board, or may request mediation by Federal Mediation and Conciliation Service.
E. Confidential Nature of
Mediation.
(1) Any information,
either written or oral, disclosed by the parties to the mediator in the
performance of mediation duties may not be discussed by the mediator
voluntarily or by compulsion unless approved by the parties involved.
(2) The mediator may not
disclose any information with regard to any mediation conducted on behalf of
any party to any cause pending in a proceeding before a court, Board, or
investigatory body. The mediator shall respectfully decline, by reason of this
regulation, to divulge any information disclosed by a party in the performance
of the mediator’s duties.
(3) The request for
mediation and the parties’ responses are confidential and may not be disclosed
by any party.
.02 Public School
Certificated and Non-Certificated Employees: Impasses in Negotiations over
Collective Bargaining Agreements.
A. Requests for
Determination that an Impasse in Negotiations Has Been Reached.
(1) A party requesting a
determination that an impasse in negotiations has been reached may request
relief from the Board by completing and filing the appropriate form.
(2) In response to a
filing of the appropriate form, the Board shall, after internal deliberations
and investigation, issue either:
(a) The notice of determination that an impasse in negotiations
has been reached; or
(b) The notice of determination that an impasse in negotiations
has not been reached.
B. Determination of
Impasse in Negotiations.
(1) If the Board
determines that an impasse is reached in negotiations between a public-school
employer and an employee organization that is designated as an exclusive
negotiating agent, the Board shall within 10 calendar days:
(a) Request last and best
offers from the public-school employer and the employee organization, which may
not include items or topics not previously raised in the bargaining process. The
last and best offers shall list separately every term or condition of
employment in dispute and the demand of the party making the last and best
offer; and
(b) Order the
public-school employer and the employee organization to commence mediation
within 14 days after the Board’s determination that an impasse has been
reached.
(2) Within 5 calendar
days after an order to mediate, the parties shall select a mediator by:
(a) Agreement; or
(b) Alternate striking
from a list of seven neutral parties furnished by the Federal Mediation and
Conciliation Service or the American Arbitration Association.
C. Further proceedings
for resolving the impasse shall be conducted as set forth in Education Article,
§6-406(e)(4)—(14), Annotated Code of Maryland.
.03 Public School
Certificated and Non-Certificated Employees: Impasses in Negotiations over New
Employee Processing.
A. If any negotiations
over new employee processing have not been resolved within 45 days after the
first meeting of the public school employer and the exclusive representative on
this matter, or within 60 days after an initial request to negotiate, whichever
occurs first, either party may request that the Board declare an impasse.
B. The regulations
governing impasses in negotiations over collective bargaining agreements shall
also apply to impasses in negotiations over new employee processing.
C. In resolving impasses
in negotiations over new employee processing, the mediator or Board shall
consider the factors identified in Education Article, §6-405(a)(2)(iii),
Annotated Code of Maryland.
.04 State Higher Education
Employees.
A. Notice of
Impasse—Contents. If it
appears that an impasse has been reached during collective bargaining
negotiations and the parties do not have a ground rule or other agreement
providing for the resolution of the impasse, the Executive Director may be
notified in writing by one or both of the parties. The notice of impasse shall
include the following:
(1) The names of the chief negotiators for each party;
(2) The expiration date of the existing collective bargaining
agreement, if any;
(3) A description of the unit affected by the impasse, including
the approximate number of employees in the unit;
(4) The date when negotiations commenced and the date of the
last meeting; and
(5) The matters at impasse and any other relevant facts, including
a list of specific labor organization or employer demands or both, upon which
impasse has been reached.
B. Voluntary Impasse
Assistance.
(1) Upon receipt of a
notice of impasse, the Executive Director or designee shall initiate an
informal inquiry.
(2) Unless jointly filed,
the Executive Director or designee shall verify with the other party that the
parties are at impasse.
(3) Upon confirmation or
receipt of a joint notice of impasse, the parties may voluntarily agree to
mediate the impasse and select a mediator. If the parties are unable to
mutually agree on the selection of a mediator, the Chair or Executive Director
shall advise the parties of third-party mediation options, which may include a
member of the Board, or may request mediation by a third-party mediation
service.
(4) The parties shall
bear any cost associated with the use of third-party mediation services.
C. Mediator’s Report. If,
upon exhaustion of mediation efforts, the dispute remains unresolved, upon
agreement of both parties, the mediator may file a fact finding and objective
status report with the Board outlining the matters that were resolved and those
that remain outstanding.
.05 Community College
Faculty: Impasses in Negotiations for Collective Bargaining Agreements.
A. Mediation.
(1) If a party determines
that an impasse exists, that party may request the assistance of the Board in
mediation or engage another mediator mutually agreed to by the parties.
(2) If a party requests
mediation assistance from the Board, an original and one copy of the request
for mediation shall be filed with the Board and served on the other party.
(3) Mediation for
community college faculty is a consensual process by which the parties are
assisted by a mediator in voluntarily arriving at an agreement and under which
neither party is nor can be compelled to make a concession or enter into an
agreement.
(4) Appointment of
Mediator. Upon receipt of a request for mediation, the Board may, with the
consent of both parties and after consultation with the parties, appoint an
impartial and disinterested individual as mediator, which may be a member of
the board, or may request mediation by the Federal Mediation and Conciliation
Service.
(5) Confidential Nature
of Mediation.
(a) Any information,
either written or oral, disclosed by the parties to the mediator in the
performance of mediation duties may not be discussed by the mediator
voluntarily or by compulsion unless approved by the parties involved.
(b) The mediator may not
disclose any information with regard to any mediation conducted on behalf of
any party to any cause pending in a proceeding before a court, Board, or
investigatory body. The mediator shall respectfully decline, by reason of this
regulation, to divulge any information disclosed by a party in the performance
of the mediator’s duties.
(c) The request for
mediation and the parties’ responses are confidential and may not be disclosed
by any party.
B. Fact-Finding Instead of Mediation.
(1) If the parties do not mutually agree to mediation, then
either party may petition the Board to initiate fact-finding. A petitioning
party shall inform the Board of any notification deadlines to which it is
subject.
(2) The Board shall,
based on the status of bargaining and the budget schedule of the public
employer, determine whether an impasse exists, and if the Board finds an
impasse it shall notify the parties that fact-finding is to be initiated.
(3) A public employer and
the exclusive representative may select their own fact finder.
(4) If the parties have
not selected their own fact finder within 5 days of any required notification,
or within 20 days of petitioning the Board for fact-finding, whichever is
sooner, the Board shall submit to the parties the names of five qualified
individuals.
C. Each party alternately
shall strike two names from the list with the remaining individual being the
fact finder.
D. Fact-finding shall be
conducted as set forth in Education Article, §16-707(b)—(e), Annotated Code of
Maryland.
14.30.15 Negotiability Disputes
Authority: State Government Article, §§22-306(e)—22-205(e),
Annotated Code of Maryland
.01 Petition.
A. If a negotiability
dispute arises between the employer and the exclusive representative, either
party may petition the Board for expedited resolution of the dispute.
B. The petition shall set
forth the material facts of the dispute and the precise question of
negotiability submitted for resolution and include certificate of service upon
the other party.
.02 Expedited Resolution.
A. The petition filed
pursuant to Regulation .01 of this chapter shall be given priority by the
Board.
B. As deemed appropriate
by the Board, the petition may be set for informal resolution, hearing, or oral
argument, or decided upon submission of briefs.
ERICA LELL SNIPES
Acting Executive Director
Subtitle 32 STATE LABOR RELATIONS BOARD
Notice of Proposed Action
[23-308-P]
The Public Employee Relations Board proposes to repeal the
following regulations under Subtitle
32 State Labor Relations Board:
(1) Regulations .01—.06 under COMAR 14.32.01 General Provisions;
(2) Regulations .01—.22 under COMAR 14.32.02 General Practice and Hearing Procedures;
(3) Regulations .01—.07 under COMAR 14.32.03 Bargaining Unit and Bargaining Representative Determination;
(4) Regulations .01—.06 under COMAR 14.32.04 Elections;
(5) Regulations .01—.05 under COMAR 14.32.05 Unfair Labor Practice Complaint Process;
(6) Regulations .01—.03 under COMAR 14.32.06 Collective Bargaining, Negotiations, and Negotiability Disputes;
(7) Regulation .01 under COMAR 14.32.07 Mediation Procedures; and
(8) Regulation .01 under COMAR 14.32.08 Procedures Governing Employee Information.
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 repeal the regulations of the former State Labor Relations Board, as that body no longer exists, and its jurisdiction has been absorbed by the Public Employee Relations Board.
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.
ERICA LELL SNIPES
Acting Executive Director
Subtitle 34 PUBLIC SCHOOL LABOR RELATIONS BOARD
Notice of Proposed Action
[23-309-P]
The Public Employee Relations Board proposes to repeal the
following regulations under Subtitle
34 Public School Labor Relations Board:
(1) Regulations .01—.03 under COMAR 14.34.01 Recognition of Employee Organizations;
(2) Regulation .01 under COMAR 14.34.02 Negotiability Dispute;
(3) Regulation .01 under COMAR 14.34.03 Impasse Determination;
(4) Regulations .01—.17 under COMAR 14.34.04 Charge of Statutory Violation;
(5) Regulations .01—.12 under COMAR 14.34.05 Public Information Act Requests; and
(6) Regulations .01—.04 under COMAR 14.34.06 Attendance, Recording, Photographing, and Broadcasting of Open Sessions.
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 repeal the regulations of the former Public School Labor Relations Board, as the Public Employee Relations Board has absorbed the jurisdiction of the former PSLRB and is proposing its own regulations.
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.
ERICA LELL SNIPES
Acting Executive Director
Title 15
MARYLAND DEPARTMENT OF AGRICULTURE
Subtitle 01 OFFICE OF THE SECRETARY
15.01.05 Cost Sharing—Water Pollution Control Program
Authority: Agriculture Article, §§2-103, 8-703, 8-704, and 8-803.1, Annotated Code of Maryland
Notice of Proposed Action
[23-316-P]
The Maryland Department of Agriculture proposes to amend Regulation
.10 under COMAR 15.01.05 Cost Sharing — Water Pollution Control Program.
Statement of Purpose
The purpose of this action is to amend the Maryland Agricultural Water Quality Cost-Share Program and, in doing so, assist the State of Maryland in meeting its WIP III goals by 2025. It is anticipated that the proposed action will incentivize more landowners to install more practices designed to prevent or control agriculturally-related nonpoint source water pollution.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action amends the payments that may be made under the Maryland Agricultural Water Quality Cost-Share Program to install best management practices on farms—projects designed to prevent or control agriculturally related nonpoint source water pollution. For single projects other than animal waste storage or treatment projects, it: (a) increases the payment amount that may be made; and (b) removes the per-person funding cap. For animal waste storage or treatment projects, it: (a) places a cap on the total payment that may be made for all such projects located on a farm or farms that a person owns or operates or in which the person has a controlling interest; and (b) provides that the payment for such projects must address an existing concern and, for a start-up or the expansion of an existing operation, may not exceed 50 percent of the eligible costs. The proposed action should result in more landowners installing more projects, which should positively impact the farms on which these projects are installed, the contractors who install them, and, more importantly, the State's efforts to meet its WIP III goals.
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: |
|
|
|
(1) Farmers and landowners |
(-) |
Undeterminable |
|
(2) Farmers and landowners |
(+) |
Meaningful |
|
E. On other industries or trade groups: |
|
|
|
Small Businesses and contractors |
(+) |
Meaningful |
|
F. Direct and indirect effects on public: |
|
|
|
Farmers and landowners |
(+) |
Meaningful |
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
D(1). Landowners who wish to install additional animal waste storage or treatment projects on farms they own or operate or have a controlling interest in may be negatively impacted.
D(2). Landowners who wish to install projects other than animal waste storage or treatment projects will benefit. Funding caps for single projects have been increased. Excepting animal waste storage or treatment projects, per-person funding caps have been removed.
E. It is anticipated that, under this change, more landowners will install more practices, which should have a positive impact on contractors installing these practices.
F. It is anticipated that the installation of more practices will have a positive effect on the waters of the State and assist the State of Maryland in meeting its WIP III goals.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
For single projects other than animal waste storage or treatment projects, it: (a) increases the payment amount that may be made; and (b) removes the per-person funding cap. For animal waste storage or treatment projects, it: (a) places a cap on the total payment that may be made for all such projects located on a farm or farms that a person owns or operates or in which the person has a controlling interest; and (b) provides that the payment for such projects must address an existing concern and, for a start-up or the expansion of an existing operation, may not exceed 50 percent of the eligible costs. The proposed action should result in more landowners installing more practices, which should positively impact the farms on which these practices are installed, the contractors who install them and, more importantly. the State's efforts to meet its WIP III goals. The proposed action removes the funding cap limitations on certain projects for grants provided to agricultural operations for the implementation of projects to address resource concerns on their operations.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Jason Keppler, Acting Conservation Grants Manager, Watershed Implementation Program, Office of Resource Conservation, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841-5864, or email to Jason.Keppler@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.
.10 Distribution of Cost Sharing Funds.
A.—D. (text unchanged)
E. Distribution.
(1) General Rule. The Department may distribute cost sharing
funds for a project up to 100 percent of eligible costs, subject to the restrictions
in §E(2)—[(6)] (4) of this regulation.
(2) Single Projects Other than Animal Waste Storage or Treatment
Projects. [Except as otherwise provided
in § E(4) and (5) of this regulation, the]
The payment made under this program for a single non-waste storage
or treatment project not covered by a pooling agreement may not exceed [$75,000] $150,000, and the payment for a single non-waste storage
or treatment project covered by a pooling agreement may not exceed [$100,000] $200,000.
[(3) The cost share payments
made under this program for multiple projects, not including animal waste storage
or treatment projects, may not exceed $150,000 per farm per person.]
[(4)] (3) Animal Waste Storage or Treatment Projects.
(a) The payment made under this program for [one] a single animal waste storage or treatment project may not exceed $200,000.
(b) The total payment made for all animal waste storage
or treatment projects located on a farm or farms that a person owns or operates
or in which the person has a controlling interest may not
exceed [$300,000 per farm per person] $450,000 whether the person installed
the project or a predecessor-in-title installed the project. This rule does not
apply to an animal waste storage or treatment project that is no longer subject
to an active agreement with the Department. [If other projects in addition to animal waste storage and treatment
are implemented on the farm, the total payment made under the program for all of
the other types of projects may not exceed $150,000 per farm per person.]
(c) The payment for an animal waste storage or treatment project:
(i) Shall address an existing
resource concern; and
(ii) If it is for a start-up poultry or livestock operation or the
expansion of a poultry or livestock operation, may not exceed 50 percent of the
eligible cost.
[(5) If an animal waste storage
or treatment project is constructed under a pooling agreement, the payment may not
exceed $200,000.]
[(6)] (4) Nutrient Management Plans. The payment made under this program for a nutrient management plan may be for up to 87-1/2 percent of eligible costs which may include soil, plant tissue, and manure analysis. Payment made for the nutrient management plan project is not included in the maximum total cost share allowed [per farm] per person. [A person may be eligible for payment for initial plan development and a maximum of two plan updates thereafter, subject to available funding.]
F.—I. (text unchanged)
STEVEN A. CONNELLY
Deputy Secretary
Subtitle 14 BOARD OF VETERINARY MEDICAL EXAMINERS
Authority: Agriculture Article, §2-303, Annotated Code of Maryland
Notice of Proposed Action
[23-334-P]
The Maryland Department of Agriculture proposes to amend Regulation
.02 under COMAR 15.14.12 Fees.
Statement of Purpose
The purpose of this action is to increase certain fees needed to cover the direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Veterinary Medical Examiners (SBVME). For several years, the fees that the SBVME adopted by regulation have not brought in sufficient revenue to cover its annual costs. Fee increases are needed to meet the SBVME’s increased costs due to inflation, cost-of-living adjustments, and increased staffing to accommodate the increased workload from consumer complaints and licensing applications.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action increases certain fees needed to cover the direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Veterinary Medical Examiners (SBVME). It increases the annual hospital licensing fee, the annual registration fee for licensed veterinarians, the triennial registration fee for registered technicians, and certain other fees. The SBVME is responsible for regulating the practice of veterinary medicine in the State. It establishes reasonable standards for the practice of veterinary medicine, including conduct and ethics. It licenses veterinary practitioners and registered veterinary technicians. It licenses and inspects hospitals. The SBVME is also responsible for regulating animal control facilities. The proposed action will have a meaningful impact on the SBVME, providing much needed revenue to fund its mission. The SBVME’s current fees do not cover its current costs. The proposed action will have a minimal impact on the veterinary industry. The increased fees are not anticipated to impact the public (i.e., consumer costs).
II. Types of Economic Impact.
|
Impacted Entity |
Revenue
(R+/R-) Expenditure
(E+/E-) |
Magnitude |
|
A. On issuing agency: |
|
|
|
Maryland Department of Agriculture |
(R+) |
Meaningful |
|
B. On other State agencies: |
NONE |
|
|
C. On local governments: |
NONE |
|
|
|
|
|
|
|
Benefit
(+) Cost
(-) |
Magnitude |
|
D. On regulated industries or trade groups: |
|
|
|
Veterinary practices |
(-) |
Minimal |
|
E. On other industries or trade groups: |
NONE |
|
|
F. Direct and indirect effects on public: |
NONE |
|
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. The increased fees, which the Comptroller shall distribute to the Board of Veterinary Medical Examiners Fund, is needed to cover the direct and indirect costs of fulfilling the statutory and regulatory duties of the State Board of Veterinary Medical Examiners. The increased fees for licenses and registrations are not significantly higher than the fees that the SBVME adopted several years ago (many of them were adopted in 2012) before these fees were reduced in 2016. The loss of revenue from the 2015 reduction is now impacting the Board's ability to carry out its mission.
D. Fees are being raised for the following: (a) owners of veterinary hospitals (annual licensing fee); (b) licensed veterinarians (annual registration fee); and (c) registered veterinary technicians (triennial registration fee). The increased fees for licenses and registrations are not significantly higher than the fees that the SBVME adopted several years ago (many of them were adopted in 2012) before these fees were reduced in 2016. The fees have not been raised since that time.
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 Nathaniel Boan, Executive Director, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, MD 21401, or call 410-841-5804, or email to nathaniel.boan@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.
.02 Fees.
The following fees are established by the Board of Veterinary Medical Examiners:
A. Initial registration fee
for [newly-licensed] newly licensed and [newly-reinstated]
newly reinstated veterinarians:
(1) Between July 1 and
December 31 — [$150] $300;
(2) Between January 1 and
June 30 — [$75] $150.
B. Annual registration
renewal fee — [$150] $300;
C. Veterinarian late
registration fee — (additional) — [$100] $200;
D. Veterinarian
reinstatement fee — [$225] $300;
E. Veterinarian State Board
examination fee — [$225] $300;
F. Veterinary technician
application fee — [$85] $100;
G. Veterinary technician
registration fee (triennial) — [$60] $100;
H. Veterinary hospital
license fee (annual) — [$150] $300;
I. Veterinary hospital late
fee - (additional) — [$100] $200;
J.—K. (text unchanged)
STEVEN CONNELLY
Deputy Secretary of
Agriculture
Title 21
STATE PROCUREMENT REGULATIONS
Notice of Proposed Action
[23-306-P]
The Board of Public Works proposes to:
(1) Amend Regulation .03 under COMAR 21.03.05 Electronic Transactions;
(2) Amend Regulations .01, .04, and .05 under COMAR 21.05.07 Small Procurement Regulations ($100,000 or Less);
(3) Amend Regulation .05 under COMAR 21.05.08 Mandatory Written Solicitation Requirements;
(4) Amend Regulation .05 under COMAR 21.05.09 Intergovernmental Cooperative Purchasing;
(5) Amend Regulation .06 under COMAR 21.11.01 Small Business Procurements;
(6) Adopt new Regulation .04
under COMAR 21.11.15
American-Manufactured Goods and Services — Preference; and
(7) Amend Regulations .03 and .15 under COMAR 21.13.01 Reporting Requirements.
This action was considered at the Board of Public Works meeting
held on November 29, 2023.
Statement of Purpose
The purpose of this action is to revise regulations in COMAR Title 21 to implement recently-enacted legislation and update procurement requirements in accordance with prior legislative or regulatory 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 Gabriel Gnall, Procurement Advisor, Board of Public Works, 80 Calvert Street, Suite 117, Annapolis, MD 21401, or call 410-260-7335, or email to gabriel.gnall@maryland.gov. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.
Subtitle 03 STATE PROCUREMENT REGULATIONS AND CONTRACTS
21.03.05 Electronic Transactions
Authority: State Finance and Procurement Article, §§12-101, 11-204, 11-206, Annotated Code of Maryland
.03 Unauthorized Transactions Prohibited.
A. An attempt by a bidder, offeror, or contractor to conduct an electronic procurement transaction may not be considered by the procurement officer unless law, regulation, the solicitation, or contract specifically authorizes the electronic means for the specified transaction.
B. An attempt by a bidder, offeror, or contractor to conduct a transaction by electronic means, including any acknowledgement, bid, proposal, [protest,] or claim, does not satisfy the requirements of this title unless the solicitation or contract specifically authorizes the use of electronic means for the specified transaction.
Subtitle 05 PROCUREMENT METHODS AND PROJECT DELIVERY METHODS
21.05.07 Small Procurement Regulations ([$50,000] $100,000 or Less)
Authority: State Finance and Procurement Article, §§12-101, 13-109,
14-301—14-308, 14-406, and 15-226, Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) "Item" means supplies, commodities, services, information technology, maintenance, construction, and construction-related services.
(3) (text unchanged)
(4) "Small procurement" means the use of the procedures set forth in this chapter to:
(a) Obtain items reasonably expected by the procurement officer to cost [$50,000] $100,000 or less;
(b) With respect to those procurements set forth in COMAR 21.01.03.03B, provide annual gross revenues to the contractor of [$50,000] $100,000 or less; [or]
(c) With respect to the State Retirement Agency for purposes
of administering Title 29, Subtitle 1 of the State Personnel and Pensions Article,
spend $100,000 or less during a fiscal year for:
(i) Expenses related to independent medical evaluations by a physician;
and
(ii) Any expenses related to testimony by the physician at administrative
hearings on behalf of the Agency;
(d) With respect to the Department of Natural Resources, procure
contracts for capital projects or maintenance with a value of $200,000 or less;
or
[(c)] (e) With respect to the Department of General Services or Department of Transportation, procure construction with a value of [$100,000] $200,000 or less.
(5) (text unchanged)
.04 Categories.
Small procurements are classified in three categories:
A. (text unchanged)
B. Category II Small Procurements — More than $5,000 but not more than [$15,000] $50,000; and
C. Category III Small Procurements — More than [$15,000] $50,000 but not more than [$50,000] $100,000, and, if a procurement for capital projects or maintenance by the Department of Natural Resources or a construction procurement by the Department of General Services or Department of Transportation, not more than [$100,000] $200,000.
.05 Prohibitions.
A. (text unchanged)
B. A procurement contract of more than [$50,000] $100,000 may not be awarded under the authority of this chapter unless:
(1) The unit obtains prior approval of the agency head or designee,
and, if not a department, the appropriate control authority; [or]
(2) The Department of General Services or Department of Transportation
procures construction valued at [$100,000] $200,000 or less; or
(3) The Department of Natural Resources procures capital projects of maintenance valued at $200,000 or less.
21.05.08 Mandatory Written Solicitation Requirements
Authority: : Election Law Article, §§14-101—14-108; State Finance and
Procurement Article, §§3-412, 3.5-311, 11-206, 12-101, 13-207, 13-218,
13-221, 14-303, 14-308, 14-406, 16-102, 16-202, 16-203, 17-401—17-402, and Title
19; Annotated Code of Maryland; Ch. 293, Acts of 2009
.05 Nonvisual Access Clause.
A. Except as provided in §B of this regulation, the following clause is a mandatory provision for each invitation for bid under COMAR 21.05.02 or request for proposals under COMAR 21.05.03 for the purchase of new or upgraded information and communication technology:
“The bidder or offeror warrants that the information and communication technology offered under this bid or proposal (1) provides equivalent access for effective use by both visual and nonvisual means consistent with the standards of § 508 of the federal Rehabilitation Act of 1973 and Code of Maryland Regulations 14.33.02; (2) provides an individual with disabilities with nonvisual access in a way that is fully and equally accessible to and independently usable by the individual with disabilities so that the individual is able to acquire the same information, engage in the same interactions, and enjoy the same services as users without disabilities, with substantially equivalent ease of use; (3) will present information, including prompts used for interactive communications, in formats intended for both visual and nonvisual use; [(3)] (4) if intended for use in a network, can be integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired; and [(4)] (5) is available, whenever possible, without modification for compatibility with software and hardware for nonvisual access. The bidder or offeror further warrants that the cost, if any, of modifying the information and communication technology for compatibility with software and hardware used for nonvisual access will not increase the cost of the information and communication technology by more than 15 percent.
“Within 18 months after the award
of any contract the Secretary of the Department of Information Technology, or the
Secretary’s designee, will determine whether the information and communication technology
procured under this bid or proposal meets the nonvisual access standards set forth
in the Code of Maryland Regulations 14.33.02. If the information and communication
technology procured under this solicitation does not meet the nonvisual access standards
set forth in the Code of Maryland Regulations 14.33.02, the State will notify the
bidder or offeror in writing that the bidder or offeror, at its own expense, has
12 months after the date of the notification to modify the information and communication
technology in order to meet the nonvisual access standards. If the bidder or offeror
fails to modify the information and communication technology to meet the nonvisual
access standards within 12 months after the date of the notification, the bidder
or offeror may be subject to a civil penalty of a fine not exceeding $5,000 for
a first offense, and a fine not exceeding $10,000 for a subsequent offense.
“The bidder or offeror shall defend,
indemnify, and hold the State harmless from any claims, costs, losses, damages,
liability, judgments, and expenses resulting from or arising out of the use of information
and communication technology that does not meet the applicable nonvisual access
standards.
“For purposes of this regulation, the phrase ‘equivalent access’ means the ability to receive, use, and manipulate information and operate controls necessary to access and use information and communication technology by nonvisual means. Examples of equivalent access include keyboard controls used for input and synthesized speech, Braille, or other audible or tactile means used for output.”
B. The nonvisual access clause is not required if the procurement officer makes a determination that:
(1) The information and communication technology is not available
with nonvisual access because the essential elements of the information and communication
technology are visual and nonvisual equivalence cannot be developed; or
(2) The cost of modifying the information and communication technology for compatibility with software and hardware used for nonvisual access would increase the cost of the procurement by more than 15 percent.
C. (text unchanged)
21.05.09 Intergovernmental Cooperative Purchasing
Authority: State Finance and Procurement Article, §§12-101, 13-102, 13-110, and 14-303, Annotated Code of Maryland; Ch. 774, Acts of 2017
.05 Approvals Required.
Before awarding, sponsoring, or participating in an intergovernmental cooperative purchasing agreement, the procurement officer shall obtain the approval of the primary procurement unit head or designee, and any other approvals as required under this title.
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.01 Small Business Procurements
Authority: State Finance and Procurement Article, §§12-101, 14-201—
14-208, and 14-501—14-505, Annotated Code of Maryland
.06 Small Business Reserve Program.
A.—H. (text unchanged)
I. SBR Liaison Officer. The head of each procurement unit shall designate an employee to be the SBR liaison officer in the administration of that unit’s small business reserve program. The SBR liaison officer shall be a high-level employee reporting directly to [the agency head or head of the procurement unit] a Secretary, Deputy Secretary, or head of a procurement agency. The SBR liaison officer shall be responsible for coordinating the procurement unit’s outreach efforts to the small business community, reviewing the unit’s contracting procedures to ensure compliance with small business reserve requirements, assisting in the resolution of small business reserve contracting issues, and submitting required small business reserve program reports or information.
21.11.15 American-Manufactured Goods and Services — Preference
Authority: State Finance and Procurement Article, §§12-101, 14-401—
14-403, 14-405, [and] 14-407, and 14-416, Annotated Code
of Maryland; Ch. 593, Acts of 2010; Ch. 314, Acts of 2011
.04 American-Manufactured
Goods.
A. In
this regulation, the following terms have the meanings indicated.
B. Terms Defined.
(1) “American-manufactured goods”
means goods that are manufactured or assembled in the United States.
(2) Emergency Life Safety and
Property Safety Goods.
(a) “Emergency life safety and property safety goods” means any
goods when provided for the installation in, as part of, or as an addition to a
system designed to:
(i) Prevent, respond to, alert regarding, suppress, control, or
extinguish an emergency or the cause of an emergency that threatens life or
property; or
(ii) Assist in evacuation in the event of an emergency that
threatens life or property.
(b) “Emergency life safety and property safety goods” includes
systems or items for or relating to:
(i) Fire alarms;
(ii) Fire sprinklers;
(iii) Fire suppression;
(iv) Fire extinguishing;
(v) Security;
(vi) Gas detection;
(vii) Intrusion detection;
(viii) Access control;
(ix) Video surveillance and recording;
(x) Mass notification;
(xi) Public address;
(xii) Emergency lighting;
(xiii) Patient wandering;
(xiv) Infant tagging; and
(xv) Nurse call.
(c) “Emergency life safety and property safety goods” includes information
technologies and telecommunications products and technologies that are used for
the purposes listed in §B(2) of this regulation.
(3) “Goods” means tangible or
movable personal property other than money or investment securities.
(4) “Information technologies
and telecommunications products and technologies” means electronic information processing
hardware or software used to generate, acquire, store, transform, process, retrieve,
utilize, make available, transmit, or manipulate information or hardware or software
used in the transmission of information, images, pictures, voice, or data by radio,
video, or other electronic or impulse means.
(5) Public Work.
(a) “Public work” means a structure or work, including a bridge,
building, ditch, road, alley, waterwork, or sewage disposal plant, that:
(i) Is constructed for public use or benefit; or
(ii) Is paid for wholly or in part by public money.
(b) “Public work” does not include,
unless let to a contract, a structure or work whose construction is performed by
a public service company under order of the Public Service Commission or other public
authority regardless of:
(i) Public supervision or direction;
or
(ii) Payment wholly or in part
from public money.
(6) "Reasonably available
quantities" means at least 90 percent of the goods procured by the public body
are available within the public body’s delivery schedule.
(7) “Substantially less quality”
means not in compliance with applicable safety and durability standards including
warranty terms.
(8) “Unreasonable amount” means
more than 5 percent over the lowest financial proposal or bid offering goods manufactured
or assembled outside the United States.
C. Except
as provided in §D of this regulation, a public body shall require a contractor or
subcontractor to use or supply American-manufactured goods in the performance of
a contract for:
(1) Constructing or maintaining
a public work; or
(2) Buying or manufacturing machinery
or equipment that is to be installed at a public work site.
D. A
public body may contract for goods that are manufactured or assembled outside the
United States:
(1) If the head of the public
body determines that:
(a) The price of the American-manufactured
goods exceeds by an unreasonable amount the price of similar manufactured goods
that are not manufactured in the United States;
(b) The goods or similar goods
are not manufactured or available for purchase in the United States in reasonably
available quantities;
(c) The quality of the goods or
similar goods manufactured in the United States is substantially less than the quality
of comparably-priced, similar and available goods that are not manufactured in the
United States; or
(d) The procurement of a manufactured
good would be inconsistent with the public interest; or
(2) To procure emergency life
safety and property safety goods.
E. In
each bid or proposal subject to the requirements of this regulation, a bidder or
offeror shall certify to the public body:
(1) Whether the offered goods
are emergency life safety and property safety goods;
(2) If the offered goods are not
exempt from the requirements of this regulation, whether the offered goods are provided
in the United States;
(3) If a bid or proposal offers
goods that are provided in the United States and outside the United States, the
bid or proposal shall distinguish which goods are provided in the United States.
Subtitle 13 PROCUREMENT REPORTING REQUIREMENTS
21.13.01 Reporting Requirements
Authority: Election Law Article, §§14-101 and 14-107; State Finance and Procurement Article, §§12-101, 13-207, 14-305, 14-505, 15-110, 15-111, and 17-104; Annotated Code of Maryland
.03 Reports of the Small Business Reserve Program.
A. Each [designated] procurement unit shall submit an expenditure plan on the small business reserve program as set forth in COMAR 21.11.01.06D to the Governor's Office of Small, Minority & Women Business Affairs within 60 days after enactment of the annual budget bill by the General Assembly. The format of the expenditure plan shall be determined by the Governor's Office of Small, Minority & Women Business Affairs.
B. Each [designated] procurement unit shall submit a report on the small business reserve program to the Governor’s Office of Small, Minority & Women Business Affairs within 90 days after the end of each fiscal year, in a format determined by the Governor’s Office of Small, Minority & Women Business Affairs, that includes at a minimum:
(1)—(4) (text unchanged)
C. (text unchanged)
.15 Report on Veteran-Owned Small Business Participation.
A. On or before October 1 of each year, each [agency] procurement unit shall report to the [Board of Public Works] Governor's Office of Small, Minority & Women Business Affairs on the number and amount of contracts awarded to VSBEs and the effectiveness of the VSBE program, in accordance with COMAR 21.11.14.06.
B. The report format shall be determined by the [Board of Public Works] Governor's Office of Small, Minority & Women Business Affairs.
JOHN GONTRUM
Executive Secretary
Subtitle 11 SOCIOECONOMIC POLICIES
21.11.14 Veteran-Owned Small Business Enterprises
Authority: Authority: State Finance and Procurement Article,
§§14-601—
14-605; Chs. 343 and 344, Acts of 2015; Chs. 708 and 709, Acts of 2017; Ch.
740, Acts of 2018; Ch. 79, Acts of 2021
Notice of Proposed Action
[23-314-P]
The Governor's Office of Small, Minority & Women Business
Affairs proposes to amend Regulations .02—.04,
.06, .07, and .09, repeal
existing Regulation .12, and adopt
new Regulation .12 under COMAR 21.11.14 Veteran-Owned Small Business
Enterprises.
Statement of Purpose
The purpose of this action is to modify and update the definitions, scope, reporting, procurement solicitation, waiver, and certification procedures under COMAR 21.11.14.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Davon K. Gardner, Director of Policy & Legislative Affairs, Governor's Office of Small, Minority & Women Business Affairs, Governor's Coordinating Offices, 100 Community Place, 3rd Floor, Crownsville, MD 21032, or call 667-644-1358, or email to davonk.gardner@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) “Certification” means a [verified
veteran who meets the requirements outlined in §B(6) of this regulation and who
registers and applies for the Veteran-Owned Small Business Enterprise Program
through the State’s Directory. To maintain certification as a VSBE, a
veteran-owned business shall renew certification every year, no later than on
the anniversary date of the initial certification] determination by
the certification agency through the procedures outlined in this chapter that a
legal entity is a veteran-owned small business enterprise (VSBE) for purposes
of these regulations.
(2) “Certification agency” means the Governor’s Office of Small, Minority & Women Business Affairs (GOSBA).
(4) “Control” means the
exercise of the power to manage and operate a business enterprise.
[(2)] (5) [“Directory”] “Database” means the State’s Internet-based electronic procurement system.
[(3)] (6) “Procurement agency” [means units subject to control of State Finance and Procurement Article, Division II, Annotated Code of Maryland] has the meaning stated in COMAR 21.01.02.01B.
(7) “Vendor” has the
meaning stated in COMAR 21.01.02.01B.
[(4)] (8) “Verification” means a business owner that is verified by the Maryland Department of Veterans Affairs or [United States Department of Veterans Affairs Vets First Verification Program (VetBiz)] the U.S. Small Business Administration as [being owned by] a veteran.
[(5)] (9) (text unchanged)
[(6)] (10) “Veteran-owned small business enterprise (VSBE)” means a for-profit business, other than a joint venture, that:
(a) Meets the size standards adopted by the [United States] U.S. Small Business Administration in 13 CFR §121.201 and any subsequent revision of that regulation; and
(b) (text unchanged)
.03 Scope.
A.—B. (text unchanged)
C. Procurement agencies shall use the [Directory] Database as the primary resource to identify [potential vendors] certified VSBEs when considering the application of a VSBE participation goal. Procurement agencies may also utilize [VetBiz] the U.S. Small Business Administration and any other veteran resource or database to assist in identifying potential veteran vendors when considering the application of a VSBE participation goal.
D. Nothing in this chapter is to be construed to relieve a procurement agency from attempting to achieve the State’s [cumulative] goal for certified VSBE participation.
.04 Procurement Agency Responsibility.
A.—D. (text unchanged).
E. Before awarding a contract that includes a VSBE goal,
the procurement officer shall use the Database to confirm that the VSBE
vendor named to fulfill an established VSBE contract goal is
certified by the Governor's Office of Small, Minority & Women Business
Affairs (GOSBA).
.06 Reporting.
A. (text unchanged)
B. Each procurement agency shall furnish any other information or periodic reports requested by the Governor’s Office of Small, Minority & Women Business Affairs in connection with its VSBE [procurement] procurements, or any other matters related to the administration, effectiveness, or continuation of the [Veteran-Owned Small Business Enterprise] VSBE Program.
C. (text unchanged)
.07 Procurement Solicitations.
A. (text unchanged).
B. Goal Setting Generally.
(1) (text unchanged)
(2) Some factors which may be used to determine the level of VSBE participation include:
(a) (text unchanged)
(b) The number of certified VSBEs listed in the [Directory] Database in addition to [VSBEs listed in VetBiz] veteran-owned firms identified by the U.S. Small Business Administration and other resources and databases used to identify [potential veteran vendors] veteran-owned firms for a particular supply, service, maintenance, construction, construction-related service, architectural service, or engineering service;
(c)—(d) (text unchanged).
C. VSBE Subcontracting Provisions.
(1) Solicitation Content. The solicitation shall contain provisions requiring bidders or offerors to:
(a) (text unchanged)
(b) Conduct outreach through the [Directory] Database or utilize [VetBiz] the U.S. Small Business Administration and other resources and databases to assist in identifying potential veteran vendors. The veteran-owned [firm] vendor shall be a certified VSBE at the time of submission of the bid or proposal.
(c) Solicit certified VSBEs and veteran-owned firms in writing at least 10 days before bids or proposals are due, describing the identified work categories and providing instructions on how to bid on the subcontracts;
(d)—(f) (text unchanged)
(2)—(8) (text unchanged)
(9) Each prime contractor receiving solicitation documents as part of a procurement with a VSBE goal shall be given the web address for the [electronic version of the Directory] Database for purposes of soliciting subcontract quotations, bids, or offers from VSBEs.
D. (text unchanged)
E. Direct Solicitation. As part of the solicitation process being employed for the business community in general, and in addition to the public notice requirements of COMAR 21.05.02.04 and 21.05.03.02B, a procurement agency shall send a copy of the solicitation or notice of the solicitation, or both, to a sufficient number of VSBEs listed in the [directory] Database, as determined by the procurement officer, as is likely to result in VSBE responses to the solicitation.
F.—G. (text unchanged)
.09 Waiver.
A. If, for any reason, the apparent successful bidder or offeror is unable to achieve the VSBE goal, the bidder or offeror may request, in writing, a waiver to include the following:
(1)—(3) (text unchanged)
(4) A list of VSBEs found to be unavailable, which shall be accompanied by a VSBE [unavailability verification form] Subcontractor Unavailability Certificate signed by the VSBE, or a statement from the apparent successful bidder or offeror that the VSBE refused to give the written verification.
B.—D (text unchanged).
.12 Certification Procedures.
A. General.
(1) The certification agency
is designated to certify, recertify, and decertify VSBEs.
(2) A procurement agency may
not permit a vendor to participate in a procurement as a veteran-owned vendor
unless it is identified as a certified VSBE in the Database.
B. Vendor Registration.
(1) A veteran vendor seeking
to be recognized as a certified VSBE shall register as a vendor in the State’s Internet-based
electronic procurement system.
(2) A registered vendor shall
submit veteran verification and complete the VSBE Program application in the State’s
Internet-based electronic procurement system.
C. Information Which May Be Requested. The certification agency
may request the following information to assist in any certification,
recertification, decertification, or participation determination. Failure to
furnish the requested information within a reasonable time as specified in
writing may result in an administrative closing of an application, a denial of
certification or recertification, or a determination to decertify. The
information consists of:
(1) Copies of articles of
incorporation, bylaws, minutes, shareholder agreements, stock certificates,
stock transfer ledgers, any additional profit-sharing agreements or buyout
rights, or in the case of a partnership, the partnership agreement;
(2) Current financial
statements, business licenses, federal personal income tax returns for the most
current 2 years, including all schedules, federal business tax returns for the
past 3 years, including all schedules, cancelled checks, resumes of principal
parties, and any relevant personal and third-party agreements, such as rental
and management agreements; and
(3) Copies of supporting
veteran-related documents issued by the federal government.
D. A certified VSBE shall have certified status in the Database
at the time the contract is awarded in order for its participation to be
counted toward the VSBE contract goal. All payments made shall be counted
toward the VSBE goal under a contract entered into when the VSBE was certified.
E. Failure of a certified VSBE to maintain certification may not
be the cause of the termination of the contractual relationship for the
remainder of the term of the contract.
DAVON GARDNER
Director of Policy and
Legislative Affairs
Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
Subtitle 09 COMMERCIAL AMBULANCE SERVICES
Notice of Proposed Action
[23-312-P]
The Maryland Institute for Emergency Medical Services Systems proposes to amend:
(1) Regulation .02 under COMAR 30.09.01 Definitions; and
(2) Regulation .04 under COMAR 30.09.14 Specialty Care Transport Services.
This action was considered by the State EMS Board at its open
meeting held on November 14, 2023, pursuant to General Provisions Article, §3-302(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to standardize language relating to specialty care paramedics and clarify staffing requirements for specialty care transport services based upon the medical needs of patients.
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 Scott Legore, Director, State Office of Commercial Ambulance Licensing and Regulation, MIEMSS, 653 West Pratt Street, Baltimore, MD 21201, or call 410-706-8511, or email to slegore@miemss.org. Comments will be accepted through February 26, 2024. A public hearing has not been scheduled.
30.09.01 Definitions
Authority: Education Article, §13-515, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) —(10) (text unchanged)
(11) “Commercial ambulance crew (crew)” means:
(a) For ground ambulances, at least two EMS [providers] clinicians, one of whom may also be the driver; or
(b) For air ambulances, at least two health care providers, at least one of whom shall be an EMS [provider] clinician and one pilot as required by CAMTS.
(12) —(19) (text unchanged)
(19-1) “EMS clinician” means
an individual licensed or certified by the EMS Board to provide emergency
medical services.
(20) — (25) (text unchanged)
(26) “Health care provider” means a person licensed, or otherwise certified in Maryland or authorized to practice in Maryland as a:
(a)—(d) (text unchanged)
(e) Emergency medical services [provider] clinician.
(27) —(38) (text unchanged)
(39) “Specialty care paramedic” means a paramedic who has successfully completed a paramedic specialty care transport course approved by the EMS Board or equivalent as determined by MIEMSS, or holds current Critical Care Paramedic or Flight Paramedic certification through the International Board of Specialty Certification, and is credentialed by a specialty care transport service under COMAR 30.03.03.06.
[(39)] (40) “Specialty care transport (SCT)” means the transport of a patient who either:
(a) Requires care or monitoring commensurate within the scope of practice of a physician or registered nurse and beyond the scope of a [paramedic credentialed to provide specialty care transport] Specialty Care Paramedic; or
(b) Meets the following conditions:
(i) Requires ongoing care or monitoring which is within the scope of a [paramedic who is credentialed to provide specialty care transport] Specialty Care Paramedic as defined in the Maryland Medical Protocols for [EMS Providers] Emergency Medical Services; and
(ii) Does not currently need or is not anticipated to need intervention during transport that would be beyond the scope of a [paramedic credentialed to provide specialty care transport] Specialty Care Paramedic under the Maryland Medical Protocols for [EMS Providers] Emergency Medical Services.
[(40)] (41) — [(41)] (42) (text unchanged)
30.09.14 Specialty Care Transport Services
Authority: Education Article, §13-515, Annotated Code of Maryland
.04 Additional Staffing Requirements for Specialty Care Commercial Ambulance Services.
A. (text unchanged)
B. [If the care required is outside the scope of practice of a paramedic credentialed to provide specialty care transport under the Maryland Medical Protocols for EMS Providers:
(1) A driver who meets the requirements of COMAR 30.09.07.02A(4)(a); and
(2) At least two additional individuals who meet the following requirements:
(a) One shall be at least:
(i) At the level of a paramedic who has successfully completed a paramedic specialty care transport course approved by the EMS Board or equivalent as determined by MIEMSS, or holds current Critical Care Paramedic or Flight Paramedic certification through the International Board of Specialty Certification, and is credentialed by the specialty care transport service under COMAR 30.03.03.06; or
(ii) A paramedic who has successfully completed an orientation to specialty care transport; and
(b) One shall be a registered nurse, physician assistant, or
physician with advanced training and certification in the care of specialty
care patients and current knowledge of the EMS system as defined in Regulation
.02G(3) of this chapter.] If the care required is within the scope of
practice of Specialty Care Paramedic and the patient requires no more than one
specialty care intervention, as defined in the Maryland Medical Protocols for
Emergency Medical Services:
(1) A driver who meets the
requirements of COMAR 30.09.07.02A(4)(a); and
(2) A Specialty Care
Paramedic.
C. If the care required is within the scope of practice of a [paramedic with specialty care transport training] Specialty Care Paramedic and the patient requires two or more specialty care interventions, as defined in the Maryland Medical Protocols for Emergency Medical Services:
(1) A driver who meets the requirements of COMAR 30.09.07.02A(4)(a);
(2) At least one individual who is:
(a) [A paramedic who has successfully completed a paramedic specialty care transport course approved by the EMS Board, or holds current Critical Care Paramedic or Flight Paramedic certification through the International Board of Specialty Certification, and is credentialed by the specialty services under COMAR 30.03.03.06] A Specialty Care Paramedic; or
(b) A registered nurse with advanced training and certification in the care of specialty care patients and current knowledge of the EMS system as defined in Regulation .02G(3) of this chapter; and
(3) At least one individual who:
(a) Is one of the following:
(i) A CRT initially licensed after July 1, 2001 or who has completed the CRT update program; [or]
(ii) A paramedic; [and] or
(iii) If the individual under
§C(2) of this regulation is a Specialty Care Paramedic and one of the specialty
care interventions involves ventilator management, a respiratory therapist; and
(b) Has successfully completed an orientation to specialty care transport.
D. If the care required is
outside the scope of practice of a Specialty Care Paramedic:
(1) A driver who meets the
requirements of COMAR 30.09.07.02A(4)(a); and
(2) At least two additional
individuals who meet the following requirements:
(a) One shall be at least:
(i) A Specialty Care
Paramedic; or
(ii) A paramedic who has
successfully completed an orientation to specialty care transport; and
(b) One shall be a registered
nurse, physician assistant, or physician with advanced training and
certification in the care of specialty care patients and current knowledge of
the EMS system as defined in Regulation .02G(3) of this chapter.
[D.] E. (text unchanged)
THEODORE R. DELBRIDGE, M.D., M.P.H.
Executive Director
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0029
Kentmorr Marina
Properties LLC
c/o Peter McArdle
910 Kentmorr Road
Stevensville, MD 21666
Additional Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 23-WQC-0029
Location: 910 Kentmorr Road, Stevensville, MD 21666
The purpose of the project is to improve navigable access and restore a beach to within its historic footprint.
Description
of Authorized Work:
1. Maintenance dredge by hydraulic and/or mechanical method a 55,349 square foot area to a maximum depth of 6.0 feet at mean low water; new dredge by hydraulic and/or mechanical method a 95,900 square foot area to a maximum depth of 6.0 feet at mean low water; and transport approximately 4,982 cubic yards of dredged material to an approved site at 5360 Browns Way Road, Churchton, in Anne Arundel County;
2. Provide for subsequent maintenance dredging for a period of 6 years;
3. Place up to approximately 700 cubic yards of resulting dredge spoil to nourish an existing beach within the historic footprint.
The WQC and its attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Miles Simmons at robertm.simmons@maryland.gov or at 410-901-4044.
[24-02-03]
WATER AND SCIENCE ADMINISTRATION
Water Quality Certification 23-WQC-0031
Hollywood Shores Civic
Association
C/o Doldon Moore
PO Box 1
Owings, MD 20736
Additional Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 23-WQC-0031.
Location: On Coles Creek at 43141 Riverside
Drive, Hollywood, St Mary’s County
Description of
Authorized Work:
To mechanically dredge an approximate 1,173-foot long by 25-foot wide channel to the maximum depth of -3.0 feet mean low water (MLW).
The total area to be dredged is approximately 29,325 square feet which will result in approximately 1,180 cubic yards of material to be Deposited at an approved dredged material placement site located at Herrington Harbor North, LLC, 370 Deale Rd., Deale, MD, 20751;
and to provide for periodic maintenance dredging for six years.
The WQC and its attachments may be viewed at the following link: https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final Decision. This Water Quality Certification is a final agency decision. Any person aggrieved by the Department’s decision to issue this WQC may appeal such decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the Department within 30 days of publication of the final decision and specify in writing the reason why the final decision should be reconsidered. A request for appeal shall be submitted to: Secretary of the Environment, Maryland Department of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness of this WQC.
Contact: Justin Bereznak at justin.bereznak@maryland.gov or 410-537-3782
[24-02-04]
MARYLAND HEALTH CARE COMMISSION
SCHEDULE FOR CERTIFICATE OF CONFORMANCE REVIEWS
PERCUTANEOUS CORONARY INTERVENTION SERVICES
The Maryland Health Care Commission hereby provides notice of the review schedule for a Certificate of Conformance application for the establishment of a primary percutaneous coronary intervention (PCI) program and for the establishment of an elective PCI program. This schedule supersedes the schedules previously published in the Maryland Register. Letters of intent and applications by acute care general hospitals for a Certificate of Conformance to establish a primary or elective PCI program may only be received and reviewed according to this published schedule. All letters of intent and applications must be received at the offices of the Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD 21215, no later than 4:30 p.m. on the scheduled date of submission. For further information regarding this review schedule or procedures, contact Eileen Fleck, (410) 764-3287.
PRIMARY PERCUTANEOUS
CORONARY INTERVENTION SERVICES
|
Letter of
Intent Due Date |
Application
Submission Date |
|
August 23, 2024 |
September 27, 2024 |
ELECTIVE PERCUTANEOUS
CORONARY INTERVENTION SERVICES
|
Letter of
Intent Due Date |
Application
Submission Date |
|
August 23, 2024 |
September 27, 2024 |
A hospital shall have been providing primary PCI services for at least two years before seeking a Certificate of Conformance to provide elective PCI services, unless the hospital is located in a part of Maryland that does not have sufficient access to primary PCI services. Therefore, this review schedule for a Certificate of Conformance for elective PCI services is applicable only to Holy Cross Hospital of Silver Spring. An application to establish primary PCI and elective PCI services simultaneously based on insufficient access to emergency PCI services is not subject to this review schedule and may be filed at any time.
[24-02-10]
Proposed Additions to Handgun
Roster and Notice of Right to Object or Petition
The following is a list of handguns that the Handgun Roster Board proposes to add to the official handgun roster. These handguns will be officially placed on the Handgun Roster if no timely objection is received or if all timely objections are dismissed.
Under the Public Safety Article, §5-405, Annotated Code of Maryland, and COMAR 29.03.03.13 and .14, any person may object to the placement of any of those handguns on the Handgun Roster. Objections must be filed within 30 days after January 26, 2024. In addition, any person may petition for the placement of an additional handgun on the Handgun Roster. Forms for objections or petitions may be obtained from: Rachel Rosenberg, Administrator, Handgun Roster Board, 1201 Reisterstown Road, Baltimore, Maryland 21208 (Phone: 410-653-4247).
|
Make |
Model |
Caliber |
Additional Comments |
|
TAURUS |
TS9 |
9 mm |
|
[24-02-06]
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
STATE COLLECTION AGENCY LICENSING BOARD
Date and Time: February 13, 2024, 2 — 3 p.m. Thereafter the public meetings will take place the second Tuesday of every month, accessed via the Google Meet information given below.
Add’l. Info: Google Meet joining info:
Video call link:
https://meet.google.com/ahz-mgnk-jsu
Or dial: (US) +1 530-738-1353;
PIN: 815 799 863#
If necessary, the Board will convene in a closed session to seek the advice of counsel or review confidential materials, pursuant to General Provisions Article, Maryland Annotated Code §3-305.
Contact: Ayanna Daugherty 410-230-6019
[24-02-02]
Date and Time: February 28, 2024, 9 a.m.
Place: Via Google Hangouts, Meet, and In-Person at 1800 Washington Blvd., Baltimore, MD 21230
Add’l. Info: Please find information regarding joining virtually at https://mde.maryland.gov/programs/permits/EnvironmentalBoards/Pages/Meetings_of_theBoard_ofWellDrillers.aspx.
A portion of this meeting will be held in closed session.
Contact: Amanda Redmiles 410-537-4466
[24-02-05]
Date and Time: February 15, 2024, 10 a.m.
Place: Eastport Fire House, 914 Bay Ridge Avenue, Meeting Rm., Annapolis, MD
Add’l. Info: Portions of the meeting may be held in closed session. If public schools in Anne Arundel County are CLOSED due to inclement weather, the meeting and any appeals will be rescheduled.
Contact: Heidi Ritchie 301-766-3899
[24-02-11]
Date and Time: February 5, 2024, 10:30 — 11:30 a.m.
Place: East Columbia Branch of Howard County Library, 6600 Cradlerock Way, Marvin Thomas Rm., Columbia, MD, and Virtual
Add’l. Info: GENERAL NOTICE — §1115 WAIVER AMENDMENT
The Maryland Department of Health (MDH) is proposing an amendment to its §1115 demonstration waiver known as HealthChoice, which the Centers for Medicare and Medicaid Services (CMS) has authorized through December 31, 2026. HealthChoice, first implemented in 1997 under the authority of §1115 of the Social Security Act, is Maryland’s Statewide mandatory managed care program for Medicaid enrollees. Under HealthChoice, eligible families and individuals are required to enroll in a managed care organization (MCO) that has been approved by MDH. Each MCO is responsible for ensuring that HealthChoice enrollees have access to a network of medical providers that can meet their health needs.
MDH intends to seek authorization of federal Medicaid matching funds for the provision of a set of targeted Medicaid services including but not limited to the services described below to be provided up to a 90 day period prior to release for eligible justice-involved populations. Pre-release services will be anchored in case management, and include medication-assisted treatment (MAT), and provision of medications upon release.
This notice updates the following information from the Public Meeting Notice published on January 12, 2024: 1) communicates that the Behavioral Health Value-Based Purchasing (BH VBP) Pilot Program is no longer included in this waiver submission, and so will not be a part of the public hearings and public comment process; and 2) adds on-site options for the public meetings.
For the proposed amendment related to the §1115 demonstration waiver for the justice involved population, there is now an in-person meeting location for both the following first and second public hearings related to the Maryland Department of Health (MDH) proposed amendment to its §1115 demonstration waiver announced in the January 12th issue of the Maryland Register.
February 5, 2024 from 10:30 am to 11:30 am
Maryland Department of Health
In-Person: Marvin Thomas Room, East Columbia Branch of Howard County Library, 6600 Cradlerock Way, Columbia, MD 21045
Virtual: GoToWebinar Virtual Platform
To participate in the virtual public
hearing, please visit https://attendee.gotowebinar.com/register/330448759780462426.
Please note that if you desire to make a public comment, you will need to register via the link above. After registering, you will receive a confirmation email containing audio and visual information about joining the webinar.
Contact: Laura Goodman (410) 767-5683
[24-02-12]
MARYLAND DEPARTMENT OF HEALTH/STATE COMMUNITY HEALTH WORKER ADVISORY COMMITTEE
Date and Time: February 12, 2024, 1 — 3 p.m.
Place: Via Google Meet —please see details below.
Add’l. Info: The Google Meet link and call-in line are available on the Maryland CHW
State Advisory Committee webpage at
https://pophealth.health.maryland.gov/Community-Health-Workers/Pages/Advisory-Committee.aspx.
The Maryland CHW State Advisory Committee meets quarterly. Members of the public are welcome to attend, but are requested to pre-register with at https://docs.google.com/forms/d/e/1FAIpQLSenbz-qRQYU_TQoF6LQJiP4-q0a1EvWPKz4R4RS2GG5KvxT4g/viewform?gxids=7757.
Contact: Tina Backe 443-401-7531
[24-02-07]
MARYLAND HEALTH CARE COMMISSION
Subject: Request for Proposed Project Change to Approved Exemption Request
Add’l. Info: Additional Information: On December 22, 2023 the Maryland Health Care Commission (MHCC) received a notice and a request for approval of project changes under COMAR 10.24.01.17B from University of Maryland Upper Chesapeake Medical Center and University of Maryland Harford Memorial Hospital — (Harford County) — Docket No. 17-12-EX003.
The applicant has requested approval:
1. to increase the capital costs associated with the project by $17,075,530, bringing the total capital costs to $94,579,073, and
2. to grant an extension of the performance requirements imposed on the project by approximately seven months to complete certain renovations of existing support service areas of the main hospital that are associated with the project.
Please refer to the Docket No. listed above in any correspondence on this request. A copy of the Request for Project Change is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.
All correspondence should be addressed to Wynee Hawk, Chief, Certificate of Need, MHCC, 4160 Patterson Avenue, Baltimore, Maryland 21215.
Contact: Ruby Potter 410-764-3276
[24-02-09]
MARYLAND HEALTH CARE COMMISSION
Subject: Receipt of Exemption Request
Add’l. Info: The Maryland Health Care Commission has received on December 29, 2023, a request from James Lawrence Kernan Hospital, Inc. d/b/a University of Maryland Rehabilitation and Orthopaedic Institute (UMROI) and University of Maryland Medical Center (UMMC), LLC — Docket No. 23-24-EX017 — Relocation and consolidation of 25 acute inpatient rehabilitation beds for stroke patients and 18 acute inpatient rehabilitation beds for spine patients. The merger will also include five chronic care beds, and ten dually-licensed acute inpatient rehabilitation and chronic care beds from UMROI to UMMC. These beds will accommodate patients recovering from traumatic brain injuries and spinal cord injuries, as well as medically-complex comprehensive medical rehabilitation patients requiring acute inpatient rehabilitation services.
A copy of the Exemption Request is available, for review, in the office of the MHCC, during regular business hours by appointment, or on the Commission’s website at www.mhcc.maryland.gov.
All correspondence should be addressed to Wynee Hawk, Director, Center for Health Care Facilities Planning and Development, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, Maryland 21215-2299.
Contact: Ruby Potter 410-764-3276
[24-02-08]
BOARD OF WATERWORKS AND WASTE SYSTEMS OPERATORS
Date and Time: February 15, 2024, 10 a.m. — 12 p.m.
Place: Via Google Chat — please see the Board’s webpage for
meeting details:
https://mde.maryland.gov/programs/Permits/EnvironmentalBoards/Pages/BWW.aspx, MD
Contact: J. Martin Fuhr 410.537.3588
[24-02-01]