Title 36
MARYLAND STATE LOTTERY AND GAMING CONTROL AGENCY

Subtitle 10 SPORTS WAGERING PROVISIONS

36.10.13 Sports Wagering Licensee Minimum Internal Control Standards

Authority: Education Article, §§10-101 and 26-801; State Government Article, §§9-1A-02, 9-1A-04, 9-1A-33, 9-1E-01—9-1E-15;  Annotated Code of Maryland

Notice of Withdrawal

[24-169-W]

The Maryland Lottery and Gaming Control Agency withdraws proposed amendments to Regulation .39 under COMAR 36.10.13 Sports Wagering Licensee Minimum Internal Control Standards as published in 51:24 Md. R. 1117—1120 (December 2, 2024).

 

JOHN MARTIN
Director

 

Proposed Action on Regulations

Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT

Subtitle 24 Energy Programs

05.24.01 Leased or Rented Residences Benefiting from Weatherization Assistance

Authority: Public Utilities Article, §7-224(e), Annotated Code of Maryland

Notice of Proposed Action

[25-070-P]

The Secretary of Housing and Community Development proposes to adopt new Regulations .01—.04, under a new chapter, COMAR 05.24.01 Lease or Rented Residences Benefiting from Weatherization Assistance, under a new subtitle, Subtitle 24 Energy Programs.

Statement of Purpose

The purpose of this action is to comply with the requirements of Public Utilities Article, §7-224(e), Annotated Code of Maryland, which states:

For weatherization of leased or rented residences, the Department shall adopt regulations to ensure that:

(a) The benefits of weatherization assistance, including utility bill reduction and preservation of affordable housing stock, accrue primarily to low-income tenants occupying a leased or rented residence; and

(b) The rent on the residence is not increased and the tenant is not evicted as a result of weatherization provided under this section.

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 Preston Thomas, Energy Program Manager, Department of Housing and Community Development, 7800 Harkins Road, Lanham, Maryland 20706, or call 301-429-7784, or email to multifamilyenergy.dhcd@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.01 Purpose.

The purpose of this chapter is to provide requirements relating to leased or rented residences benefitting from weatherization assistance performed by the Department of Housing and Community Development pursuant to Public Utilities Article, §7-224(e), Annotated Code of Maryland.

.02 Definitions.

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

B.  Terms Defined.

(1) “Building owner” means an owner of a low-income residential property, including the owner’s agents and assignees.

(2) “Department” means the Department of Housing and Community Development, a principal department of the State.

(3) “Lease” means any oral or written agreement, express or implied, creating a landlord and tenant relationship, including any “sublease.”

(4) “Low-income program” means a program of the Department that provides funds or services to provide energy efficiency and energy conservation measures, including weatherization assistance, to buildings occupied by income-eligible households, causing those buildings to become more energy efficient or to increase energy conservation.

(5) “Low-income residential property” means a unit, building, or community of buildings, with residents who qualify for the low-income programs.

(6) “Tenant” means a person lawfully occupying a low-income residential property pursuant to a lease. 

(7) “Weatherization assistance” means the installation of materials to protect the interior of a building from outside elements.

.03 Applicability.

The regulations in this chapter apply to building owners who lease low-income residential properties to tenants and who obtain weatherization assistance through the low-income programs for those properties.

.04 Requirements Applicable to Building Owners.

A. When a building owner obtains weatherization assistance for a low-income residential property, the benefits thereof, including utility bill reduction and preservation of affordable housing stock, must accrue primarily to tenants.

B. After a building owner obtains weatherization assistance for a unit of a low-income residential property, a building owner may not:

(1) Increase rent for the unit as a result of the weatherization assistance; or 

(2) Terminate a lease or evict any tenant as a result of the weatherization assistance.

C. Violation of any part of this section by the building owner may result in the building owner being required to repay the Department for the low-income program’s share of the cost of the weatherization assistance.

JACOB DAY
Secretary

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 32 BOARD OF PHYSICIANS

10.32.24 Licensure of Genetic Counselors

Authority: Health Occupations Article, §§1-606, 14-205, and 14-5G-01—14-5G-29, Annotated Code of Maryland

Notice of Proposed Action

[25-113-P-I]

The Secretary of Health proposes to adopt new Regulations .01—.15 under a new chapter, COMAR 10.32.24 Licensure of Genetic Counselors.  This action was considered at public Board meetings on August 23, 2023, September 27, 2023, and March 26, 2025, notice of which was given by publication on the Board’s website at https://www.mbp.state.md.us, pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to  establish a new chapter of regulations governing the practice of genetic counseling, including the implementation of licensure for licensed genetic counselors and supervised genetic counselors, as required by Health Occupations Article, §§14-5G-01—14-5G-29, Annotated Code of Maryland. Specifically, the proposed changes define certain terms, specify the makeup and duties of the Genetic Counseling Advisory Committee, provide detail on the Code of Ethics and scope of practice for licensed genetic counselors and supervised genetic counselors, specify requirements for initial licensure, renewals, and reinstatements, establish fees for licensure, and define prohibited conduct, penalties, fines, and sanctioning guidelines for genetic counselors.

Estimate of Economic Impact

I. Summary of Economic Impact. Beginning on January 1, 2024, a license will be required to practice genetic counseling in the State. The proposed action establishes fees for initial licensed genetic counselor and supervised genetic counselor licenses, renewal of licensure, reinstatement, verification of license, and replacement of license. Genetic counselors will be required to obtain a license and renew biennially to practice in the State. Fees were developed to approximate the cost of maintaining the genetic counselors' licensure program within the Board of Physicians Allied Health unit. According to data extracted from the American Board of Genetic Counseling’s “Find a Certified Genetic Counselor” directory on March 3, 2025, at least 184 certified genetic counselors currently practice in Maryland.

In order to cover the program’s estimated expenditures, 184 genetic counselors expected to be fully licensed during the program’s first fiscal year must produce approximately $41,000 in licensure service fee revenue to maintain the program’s operations.

According to a 2022 Professional Status Survey published by the National Society of Genetic Counselors, a full-time genetic counselor’s average yearly gross salary is approximately $100,000. Fees established under the proposed action would require genetic counselors to pay $300 for their initial license and a $250 biennial renewal fee. This fee schedule puts genetic counselors in alignment with licensed perfusionists.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
(1) Maryland Board of Physicians	(R+)	$55,200
(2) Maryland Board of Physicians	(E+)	$40,828
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
(1) Genetic Counselors	(-)	$55,200
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). Given the best estimate of 184 certified genetic counselors currently practicing in Maryland, initial licensure fees of $300 are anticipated to generate $55,200 in revenue.

A(2). Based on expenditure data from FY2022 for the Board of Physicians Allied Health Licensure Unit, required expenditures to implement the licensing program for genetic counselors are estimated to be $40,828 for the first year of licensure.

D(1). Genetic counselors currently practicing in Maryland will be required to spend $300 to obtain their initial license, and $250 biennially in renewal fees.  Assuming the 184 certified genetic counselors seek licensure, the Board will anticipate an economic impact of $55,200 on these licensees (184 x $300 = $55,200).

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 Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

 

.01 Scope.

A. This chapter governs the practice of genetic counseling.

B. Except as provided in §§C— D of this regulation, on or after January 1, 2024, an individual shall be licensed by the Board before the individual may practice genetic counseling.

C. This chapter does not prohibit any student who is currently enrolled in an accredited educational program to qualify for a license as a genetic counselor from performing any of the procedures described in this chapter as part of that program’s clinical curriculum on genetic counseling.

D. This chapter does not prohibit an individual from practicing a health occupation that the individual is authorized to practice under Health Occupations Article, Annotated Code of Maryland.

.02 Incorporation by Reference.

The National Society of Genetic Counselors Code of Ethics (1992, revised 2017) is incorporated by reference.

.03 Definitions.

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

B. Terms Defined.

(1) “Accredited educational program” means an educational program that is accredited by the national accrediting council or an equivalent accrediting body recognized by the national certifying board.

(2) “Board” means the State Board of Physicians.

(3) “Certified genetic counselor” means an individual certified as a genetic counselor by a national certifying board.

(4) “Committee” means the Genetic Counseling Advisory Committee established under Health Occupations Article, §14-5G-05, Annotated Code of Maryland.

(5) “Disciplinary panel” means a disciplinary panel of the Board established under Health Occupations Article, §14-401, Annotated Code of Maryland.

(6) Genetic Assessment.

(a) “Genetic assessment” means the integration of genetic laboratory test results and other diagnostic studies with the medical histories of a patient and the patient’s family members to assess the risk for the patient or the patient’s family members of:

(i) A genetic or medical condition or disease; and

(ii) The recurrence of a genetic or medical condition or disease.

(b) “Genetic assessment” includes taking medical and family histories for the purpose of genetic counseling.

(7) “Good standing” has the meaning stated in COMAR 10.32.22.02.

(8) “Immediately available” means a qualified supervisor is able to provide necessary direction in person, by telephone, or by other electronic means.

(8) “License” means a license issued by the Board to practice genetic counseling.

(9) “Licensed genetic counselor” means an individual who is licensed by the Board, in accordance with Health Occupations Article, Title 14, Subtitle 5G, Annotated Code of Maryland, to practice genetic counseling as a genetic counselor in the State.

(10) “Licensee” means a licensed genetic counselor or a supervised genetic counselor.

(11) “National accrediting council” means the Accreditation Council for Genetic Counseling, or its successor, that accredits education programs for genetic counselors.

(12) “National certifying board” means the American Board of Genetic Counseling, its predecessor, or its successor, that certifies genetic counselors.

(13) Practice Genetic Counseling.

(a) “Practice genetic counseling” means:

(i) Obtaining and evaluating the medical histories of a patient and the patient’s family members for purposes of a genetic assessment;

(ii) Discussing the features, natural history, means of diagnosis, genetic and environmental factors, and management of risk for genetic or medical conditions or diseases.

(iii) Identifying, ordering, and coordinating genetic laboratory tests and other diagnostic studies, as appropriate, for purposes of a genetic assessment;

(iv) Using the medical histories obtained from the patient and the patient’s family members for purposes of a genetic assessment;

(v) Explaining the clinical implications of genetic laboratory tests and other diagnostic studies and the results of the tests and studies and communicating the risk factors for genetic or medical conditions or diseases identified by a genetic assessment;

(vi) Evaluating the responses of a patient and the patient’s family members to the results of a genetic assessment and providing counseling and anticipatory guidance for a genetic or medical condition or disease;

(vii) Identifying and using community resources that provide medical, educational, financial, and psychosocial support and advocacy for a genetic or medical condition or disease; and    

(viii) Providing written documentation of medical, genetic, and counseling information for a patient, a patient’s family members, or appropriate health care professionals.

(b) “Practice genetic counseling” does not include diagnosing or treating an illness, a disease, or a condition.

(14) “Qualified supervisor” means:

(a) A licensed genetic counselor who has practiced for a minimum of 3 years after passing the national certifying examination; or

(b) A physician who has been licensed in the State for a minimum of 5 years.

(15) “Supervised genetic counselor” means an individual who is licensed by the Board, in accordance with Health Occupations Article §14-5G-14, to practice genetic counseling under the supervision of a qualified supervisor.

(16) “Supervision” means the ongoing, direct, clinical review for the purposes of training or teaching by a qualified supervisor who monitors the performance of a supervised genetic counselor’s supervised interaction with a patient and provides consultations, chart reviews, guidance, and instructions with respect to the clinical skills and competencies of the supervised genetic counselor, as well as documented face-to-face meetings on at least a monthly basis.

(17) “Supervised interaction” means an interaction between a supervised genetic counselor and a patient where a qualified supervisor is immediately available.

.04 Genetic Counseling Advisory Committee.

A. The Board shall appoint members of the Committee as follows:

(1) Three individuals who practice genetic counseling who:

(a) Are in good standing with the Board;

(b) Are a resident of the State with at least 1 year of active genetic counseling experience as a licensed, supervised, or certified genetic counselor within the 5-year period immediately preceding the date of the appointment; and

(c) On or after January 1, 2024, are licensed genetic counselors;

(2) Three practicing licensed physicians who:

(a) Are in good standing with the Board; and

(b) Have experience working with genetic counselors; and

(3) One consumer member who:

(a) Shall be a member of the general public; and

(b) May not:

(i) Practice, or ever have practiced genetic counseling, or any other health care profession;

(ii) Be, or ever have been, in training to practice genetic counseling or any other health care profession;

(iii) Have a household member who is a health care professional or is in training to be a health care professional;

(iv) Participate, or ever have participated, in a commercial or professional field related to genetic counseling;

(v) Have a household member who participates in a commercial or professional field related to genetic counseling;

(vi) Have had, within 2 years before appointment, a financial interest in a person regulated by the Board; or

(vii) Have had, within 2 years of appointment, a financial interest in the provision of goods or services to genetic counselors or to the field of genetic counseling.

B. Tenure.

(1) The term of a member is 3 years.

(2) The terms of the members are staggered.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) An individual may be reappointed for a second 3-year term, but the individual may not serve more than two consecutive 3-year terms.

(5) The terms of the initial members of the Committee shall expire as follows:

(a) Two members in 2024;

(b) Two members in 2025; and

(c) Three members in 2026.

C. Vacancy.

(1) If a vacancy occurs, the Board shall appoint a new member to serve on the Committee.

(2) The successor member shall only serve for the remainder of the term unless reappointed.

D. Chair. From among its members, the Committee shall elect a chair every 2 years.

E. Quorum.

(1) A quorum of the Committee consists of five members.

(2) Business may not be conducted at a Committee meeting unless there is a quorum.

F. In addition to the powers set forth elsewhere in this chapter, the Committee may develop and make recommendations to the Board in any matters related to the regulation of the practice of genetic counseling.

.05 Code of Ethics.

A genetic counselor in the State shall follow The National Society of Genetic Counselors Code of Ethics.

.06 Application for Initial Licensure as a Genetic Counselor.

A. An applicant for a license as a licensed genetic counselor or a supervised genetic counselor shall:

(1) Complete an application on a form provided by the Board;

(2) Pay the required application fee set by the Board in accordance with  Regulation .12 of this chapter;

(3) Be 18 years old or older;

(4) Be of good moral character;

(5) Demonstrate spoken and written competency in English by any of the following:

(a) Documentation of graduation from a recognized English-speaking high school or undergraduate school after at least 3 years of enrollment;

(b) Documentation of graduation from a recognized English-speaking professional school; or

(c) Documentation of receiving a grade of at least:

(i) 26 on the “Speaking Section” of the Internet-based Test of English as a Foreign Language; and

(ii) 79 on the total score of the Internet-based Test of English as a Foreign Language;

(6) If applicable, provide documentation of licensure, certification, or registration from all states and jurisdictions where the applicant has ever held a license, certificate, or registration in any health profession;

(7) Have no history of public disciplinary action taken, or pending, against any license currently or previously held or expired; and

(8) Complete a criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland.

B. An applicant for a license as a licensed genetic counselor or a supervised genetic counselor shall submit satisfactory evidence of graduation from an accredited educational program.

C. Except as provided in § D of this regulation, an applicant for a license as a licensed genetic counselor shall submit to the Board satisfactory evidence of certification by a national certifying board.

D. If an applicant for a license as a licensed genetic counselor does not meet the requirement under §C of this regulation, the applicant may qualify for licensure as a licensed genetic counselor if the applicant:

(1) Has worked as a genetic counselor for:

(a) At least 10 years before January 1, 2024; and

(b) At least 5 consecutive years immediately preceding the date on which the applicant submits the application for licensure;

(2) Has graduated from an accredited educational program;

(3) Submits to the Board three letters of recommendation from licensed physicians who have been licensed for at least 5 years or certified genetic counselors eligible for licensure and who:

(a) Have worked with the applicant in an employment or professional setting for 3 years before the applicant submits the application for licensure; and

(b) Can attest to the applicant’s competency in providing genetic counseling services.

E. An applicant for a license as a supervised genetic counselor shall submit to the Board satisfactory evidence that the applicant has applied for the first available national certifying examination.

F. The Board may not issue a supervised genetic counselor license to an applicant if the applicant has failed the national certifying examination two or more times.

.07 Referral to Other Health Care Practitioners.

If, while practicing genetic counseling, a licensed genetic counselor or supervised genetic counselor determines that a patient requires diagnosis, treatment, or management, the genetic counselor shall:

A.  Refer the patient to a licensed physician or another appropriate health care practitioner; and     

B.  Document the referral in the patient’s medical record.

.08 Scope of Practice.

The scope of practice of a licensed genetic counselor or a supervised genetic counselor includes the following:

A. Obtaining and interpreting individual or family medical and developmental histories;

B. Determining the mode of inheritance and risk of transmission of genetic conditions and of birth defects, including evaluating the risks from exposure to possible mutagens and teratogens;

C. Discussing the inheritance features, natural history, means of diagnosis, and management of genetic conditions and birth defects;

D. Identifying, ordering, coordinating, and explaining the clinical implications of genetic laboratory tests and other diagnostic studies and their results;

E. Integrating genetic laboratory test results and other diagnostic studies with personal and family medical history to assess and communicate risk factors for genetic or medical conditions and diseases;

F. Assessing psychosocial factors;

G. Recognizing social, educational, and cultural issues;

H. Evaluating the patient’s or family’s responses to the condition or risk of recurrence and providing patient-centered counseling and anticipatory guidance; and

I. Facilitating informed decision-making about testing, management, and alternatives.

.09 Supervised Genetic Counselors.

A.  Term and Expiration.

(1) A supervised genetic counselor license shall expire on the earliest of:

(a) The issuance of a genetic counselor license to the supervised genetic counselor;

(b) On notice of the second failure of the supervised genetic counselor to pass the certification examination; or

(c) 1 year after the date of issuance.

(2) A supervised genetic counselor license may not be renewed or extended beyond the 1-year expiration date.

(3) A supervised genetic counselor who has not passed the certification examination within two examination cycles may not continue practicing under the supervised genetic counselor license.

B. Supervision.

(1) A supervised genetic counselor may practice only under the supervision of a qualified supervisor.

(2) The supervised genetic counselor and the qualified supervisor shall enter into a written supervision contract that:

(a) Specifies the manner of supervision;

(b) Specifies any alternative qualified supervisors, as appropriate;

(c) Is signed by the supervised genetic counselor and the qualified supervisor; and

(d) Is maintained by both the supervised genetic counselor and the qualified supervisor and made available upon request to the Board.

(3) Delegation of duties by a qualified supervisor beyond the scope of practice or failure to appropriately supervise a supervised genetic counselor may be considered unprofessional conduct in the practice of the qualified supervisor’s profession.

.10 Renewal and Reinstatement of Licensure as a Licensed Genetic Counselor.

A. At least 1 month before the license expires, the Board shall send a renewal notice to the licensed genetic counselor that states:

(1) The date on which the current license expires;

(2) The date by which the renewal application shall be received by the Board for the renewal to be issued before the license expires; and

(3) The amount of the renewal fee set by the Board in accordance with Regulation .12 of this chapter.

B. Renewal.

(1) The Board may not renew a license until the Office of the Comptroller or the Maryland Department of Labor has verified that the individual has paid all undisputed taxes and unemployment insurance contributions, or arranged for repayment, as required by COMAR 10.31.02.

(2) An individual who has been licensed by the Board as a licensed genetic counselor may renew the license every 2 years on or before the date specified by the Board by:

(a) Submitting a renewal application on the form supplied by the Board;

(b) Paying the required renewal fee set by the Board in accordance with Regulation .12 of this chapter; and

(c) Attesting to:

(i) Current certification by the national certifying board; or

(ii) Completion of at least 50 hours of continuing education credits approved by the national certifying board, earned during the 2-year period preceding the expiration of the license for genetic counseling.

(3) Documentation of Continuing Education.

(a) A genetic counselor shall obtain documentation of attendance at continuing education and retain the documentation for 6 years.

(b) The documentation shall contain, at a minimum, the following information:

(i) Program title;

(ii) Sponsor’s name;

(iii) Genetic counselor’s name;

(iv) Inclusive date or dates and location of the program;

(v) The number of continuing education hours earned; and

(vi) Documented verification that the genetic counselor attended the program by stamp, signature, print-out, or other official proof.

(c) Proof of maintenance of certification by the national certifying board may be used to document compliance with the continuing education requirements specified in this regulation.

(d) The Board may request a genetic counselor to submit evidence of having met the continuing education requirements specified in this regulation.

(e) If a genetic counselor cannot demonstrate completion of the required continuing education credit hours, the Board may impose a civil penalty of up to $100 per missing continuing education credit hour.

C. Reinstatement. The Board shall reinstate the license of a licensed genetic counselor who has failed to renew the license for any reason if the genetic counselor:

(1) Applies for reinstatement after the date the license expires;

(2) Provides documentation of current certification by the national certifying board;

(3) Completes a criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland; and

(4) Pays to the Board the reinstatement fee set by the Board in accordance with Regulation .12 of this chapter.

D. Reinstatement of a Revoked or Surrendered License.

(1) On the application of an individual whose license has been revoked or surrendered, a disciplinary panel, on the affirmative vote of a majority of the quorum, may in its discretion reinstate a revoked or surrendered license.

(2) When a time period is not stated in an order for revocation or letter of surrender, the disciplinary panel may not entertain an application for post-disciplinary reinstatement until at least 3 years after the date of the order or letter of surrender.

(3) A revocation of a license may not be for less than 1 year.

(4) A disciplinary panel may not entertain an application for post-disciplinary reinstatement after an order of revocation unless:

(a) Any time period stated in the order has expired;

(b) Any condition set out in the order has been fulfilled;

(c) The applicant has filed a formal application and paid the fee set by the Board in accordance with Regulation .12 of this chapter; and

(d) The applicant:

(i) Applies for reinstatement after the date the license expires;

(ii) Provides documentation of current certification by the national certifying board;

(iii) Completes a criminal history records check in accordance with Health Occupations Article, §14-308.1, Annotated Code of Maryland;

(5) A disciplinary panel shall entertain applications for reinstatement pursuant to the procedures and standards of COMAR 10.32.02.06B.

(6) A disciplinary panel may not entertain applications for reinstatement if a revocation or surrender is permanent.

.11 Change in Name or Address.

A. A licensed genetic counselor or supervised genetic counselor shall notify the Board in writing of a change of name or address within 60 days after the change.

B. If a licensed genetic counselor or supervised genetic counselor fails to notify the Board within the time required under §A of this regulation, the licensed genetic counselor or supervised genetic counselor may be subject to an administrative penalty of $100.

.12 Fees.

The following fees are applicable to licensed genetic counselors and supervised genetic counselors:

A. Initial licensed genetic counselor licensure fee—$300;

B. Supervised genetic counselor licensure fee—$100;

C. License renewal fees:

(1) License renewal fee—$250; and

(2) Maryland Health Care Commission fee—as determined by the Maryland Health Care Commission in accordance with COMAR 10.25.03;

D. Reinstatement fee—$300;

E. Written verification of license fee—$25; and

F. Replacement of license fee—$25.

.13 Prohibited Conduct.

A. Subject to the hearing provisions set forth in Health Occupations Article, §14-405, Annotated Code of Maryland, a disciplinary panel may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license if the applicant or licensee:

(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(2) Fraudulently or deceptively uses a license;

(3) Is guilty of unprofessional or immoral conduct while practicing genetic counseling;

(4) Is professionally, physically, or mentally incompetent;

(5) Abandons a patient;

(6) Is habitually intoxicated;

(7) Is addicted to or habitually abuses any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland;

(8) Provides professional services while:

(a) Under the influence of alcohol; or

(b) Using any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland, or any other drug that is in excess of therapeutic amounts without valid medical indication;

(9) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(10) Willfully makes or files a false report or record in the practice of genetic counseling;

(11) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report;

(12) Breaches patient confidentiality;

(13) Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any person for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient;

(14) Knowingly makes a misrepresentation while practicing genetic counseling;

(15) Knowingly practices genetic counseling with an unauthorized individual or aids an unauthorized individual in practicing genetic counseling;

(16) Knowingly delegates a genetic counseling duty to an unlicensed individual;

(17) Grossly overutilizes health care services;

(18) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine;

(19) Is disciplined by a licensing or disciplinary authority or is convicted or disciplined by a court of any state or country or is disciplined by any branch of the United States uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

(20) Fails to meet appropriate standards for the delivery of genetic counseling services;

(21) Knowingly submits false statements to collect fees for which services are not provided;

(22) Has been subject to an investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes and has:

(a) Surrendered the license, if any, issued by the state or country; or

(b) Allowed the license, if any, issued by the state or country to expire or lapse;

(23) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland;

(24) Practices or attempts to practice beyond their authorized scope of practice;

(25) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

(26) Practices or attempts to practice genetic counseling procedures or uses or attempts to use genetic assessments if the applicant or licensee has not received education and training in the performance of the procedure or the use of the genetic assessment;

(27) Fails to cooperate with a lawful investigation of the Board or a disciplinary panel;

(28) Fails to complete a criminal history records check under Health Occupations Article, §14-308.1, Annotated Code of Maryland; or

(29) Violates any provision of this title or any rule or regulation pertaining to genetic counseling that is adopted by the Board, the State, or the federal government.

B. Crimes of Moral Turpitude.

(1) Proceedings for crimes of moral turpitude under Health Occupations Article, §14-5G-18(c), Annotated Code of Maryland, shall be held in accordance with COMAR 10.32.02.07.

(2) On the filing of certified docket entries with the Board by the Office of the Attorney General, the Board shall order the suspension of a license if the licensee is convicted of, or pleads guilty or nolo contendere with respect to, a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

(3) After completion of the appellate process, if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, the Board shall order the revocation of a license on the certification by the Office of the Attorney General.

.14 Required Reports.

A. Except as provided in §B, C, or F of this regulation, hospitals, related institutions, alternative health systems as defined in Health Occupations Article, §1-401, Annotated Code of Maryland, and employers shall file with the Board a report that the hospital, related institution, alternative health system, or employer limited, reduced, otherwise changed, or terminated any licensed genetic counselor or supervised genetic counselor for any reason that might be grounds for disciplinary action under Health Occupations Article, §14-5G-18, Annotated Code of Maryland, or any regulation in this chapter.

B. If the action taken by a hospital, related institution, alternative health system, or employer under §A of this regulation relates to alcohol or drug impairment, the hospital, related institution, alternative health system, or employer is not required to report the licensed genetic counselor or supervised genetic counselor to the Board if:

(1) The hospital, related institution, alternative health system, or employer knows that the licensed genetic counselor or supervised genetic counselor is:

(a) In an alcohol or drug treatment program that is accredited by the Joint Commission or is certified by the Maryland Department of Health; or

(b) Under the care of a health care practitioner who is competent and capable of dealing with alcoholism and drug abuse;

(2) The hospital, related institution, alternative health system, or employer is able to verify that the licensed genetic counselor or supervised genetic counselor remains in the treatment program until discharge; and

(3) The action or condition of the licensed genetic counselor or supervised genetic counselor has not caused injury to an individual while the genetic counselor is practicing genetic counseling.

C. If a licensed genetic counselor or supervised genetic counselor enters, or is considering entering, an alcohol or drug treatment program that is accredited by the Joint Commission or that is certified by the Maryland Department of Health, the licensed genetic counselor or supervised genetic counselor shall notify the hospital, related institution, alternative health system, or employer of the licensed genetic counselor or supervised genetic counselor’s decision to enter the treatment program.

D. If the licensed genetic counselor or supervised genetic counselor fails to provide the notice required under §C of this regulation, and the hospital, related institution, alternative health system, or employer learns that the licensed genetic counselor or supervised genetic counselor has entered a treatment program, the hospital, related institution, alternative health system, or employer shall report to the Board that the licensed genetic counselor or supervised genetic counselor has entered a treatment program and has failed to provide the required notice.

E. Noncompliance.

(1) If the licensed genetic counselor or supervised genetic counselor is found to be noncompliant with the treatment program’s policies and procedures while in the treatment program, the treatment program shall notify the hospital, related institution, alternative health system, or employer of the licensed genetic counselor or supervised genetic counselor’s noncompliance.

(2) On receipt of the notification required under §E(1) of this regulation, the hospital, related institution, alternative health system, or employer of the licensed genetic counselor or supervised genetic counselor shall report the licensed genetic counselor or supervised genetic counselor’s noncompliance to the Board.

F. An individual is not required under this regulation to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of alcohol and drug abuse patient records.

G. The hospital, related institution, alternative health system, or employer shall submit a required report within 10 days of any action described in this regulation.

H. A report made under this regulation is not subject to subpoena or discovery in a civil action other than a proceeding arising out of a hearing and decision of the Board under Health Occupations Article, Title 14, Annotated Code of Maryland.

.15 Penalties, Fines, and Sanctioning Guidelines.

A. An individual who violates any provision of Health Occupations Article, Title 14, Subtitle 5G, Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year, or both.

B. An individual who violates any provision of Health Occupations Article, Title 14, Subtitle 5G, Annotated Code of Maryland, or any regulation in this chapter, is subject to a civil fine of not more than $5,000 to be levied by a disciplinary panel.

C. The Board shall pay any penalty collected under §A or B of this regulation into the Board of Physicians Fund.

D. Failure to Make a Required Report.

(1) A disciplinary panel may impose a fine up to $1,000 for a hospital, related institution, alternative health system, or employer who fails to make a report to the Board required by Regulation .14 of this chapter.

(2) The Board shall deposit any funds collected under §D(1) of this regulation into the State’s General Fund.

E. General Application of Sanctioning Guidelines.

(1) §§ E and F of this regulation and Regulation .16 of this chapter do not apply to offenses for which a mandatory sanction is set by statute or regulation.

(2) Except as provided in §F of this regulation, for violations of the sections of the Maryland Genetic Counseling Act listed in the sanctioning guidelines, a disciplinary panel may not impose a sanction less severe than the minimum listed in the sanctioning guidelines or more severe than the maximum listed in the sanctioning guidelines for each offense.

(3) Ranking of Sanctions.

(a) For the purposes of this regulation, the severity of sanctions is ranked as follows, from the least severe to the most severe:

(i) Reprimand;

(ii) Probation;

(iii) Suspension; and

(iv) Revocation.

(b) A stayed suspension in which the stay is conditioned on the completion of certain requirements is ranked as probation.

(c) A stayed suspension which does not meet the criteria for § E(3)(b) of this regulation is ranked as a reprimand.

(4) A disciplinary panel may impose more than one sanction, provided that the most severe sanction neither exceeds the maximum nor is less than the minimum sanction permitted in the sanctioning guidelines.

(5) Any sanction may be accompanied by conditions reasonably related to the offense or to the rehabilitation of the offender. The inclusion of conditions does not change the ranking of the sanction.

(6) If a licensee has violated more than one ground for discipline as set out in the sanctioning guidelines:

(a) The sanction with the highest severity ranking shall be used to determine which ground will be used in developing a sanction; and

(b) A disciplinary panel may impose concurrent sanctions based on other grounds violated.

(7) Notwithstanding the sanctioning guidelines set forth in Regulation .16 of this chapter, in order to resolve a pending disciplinary action, a disciplinary panel and the licensee may agree to a surrender of license or a consent order with terms and sanction agreed to by a disciplinary panel, the administrative prosecutor, and the licensee.

(8) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, a disciplinary panel may consider the aggravating and mitigating factors set forth in § F(4) and (5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.

(9) If a disciplinary panel imposes a sanction that departs from the sanctioning guidelines as set forth in Regulation .16 of this chapter, the disciplinary panel shall state the reasons for doing so in its final decision and order.

F. Aggravating and Mitigating Factors.

(1) Depending on the facts and circumstances of each case, and to the extent that the facts and circumstances apply, a disciplinary panel may consider the aggravating and mitigating factors set out in § F(4) and (5) of this regulation and may in its discretion determine, based on those factors, that an exception should be made and that the sanction in a particular case should fall outside the range of sanctions listed in the sanctioning guidelines.

(2) Nothing in this regulation requires a disciplinary panel or an Administrative Law Judge to make findings of fact with respect to any of these factors.

(3) The existence of one or more of these factors does not impose on a disciplinary panel or an Administrative Law Judge any requirement to articulate its reasoning for not exercising its discretion to impose a sanction outside of the range of sanctions set out in the sanctioning guidelines.

(4) Mitigating factors may include, but are not limited to, the following:

(a) The absence of a prior disciplinary record;

(b) The offender self-reported the incident;

(c) The offender voluntarily admitted the misconduct, made full disclosure to the Board, and was cooperative during the Board proceedings;

(d) The offender implemented remedial measures to correct or mitigate the harm arising from the misconduct;

(e) The offender made good faith efforts to make restitution or to rectify the consequences of the misconduct;

(f) The offender has been rehabilitated or exhibits rehabilitative potential;

(g) The misconduct was not premeditated;

(h) There was no potential harm to patients or the public or other adverse impact; or

(i) The incident was isolated and is not likely to recur.

(5) Aggravating factors may include, but are not limited to, the following:

(a) The offender has a previous criminal or administrative disciplinary history;

(b) The offense was committed deliberately or with gross negligence or recklessness;

(c) The offense had the potential for or actually did cause patient harm;

(d) The offense was part of a pattern of detrimental conduct;

(e) The offender committed a combination of factually discrete offenses adjudicated in a single action;

(f) The offender pursued his or her financial gain over the patient’s welfare;

(g) The patient was especially vulnerable;

(h) The offender attempted to hide the error or misconduct from patients or others;

(i) The offender concealed, falsified, or destroyed evidence or presented false testimony or evidence;

(j) The offender did not cooperate with the investigation; or

(k) Previous attempts to rehabilitate the offender were unsuccessful.

(6) A departure from the sanctioning guidelines set forth in Regulation .16 of this chapter is not a ground for any hearing or appeal of a Board action.

G. Offenses Related to Continuing Medical Education Credits.

(1) If a licensee has submitted an application claiming the completion of continuing medical education credits and the licensee fails to document the completion of such continuing medical education credits when audited by the Board, the licensee may be charged under one or more of the following, as appropriate:

(a) Health Occupations Article, §14-5G-18(a)(3), Annotated Code of Maryland;

(b) Health Occupations Article, §14-5G-18(a)(10), Annotated Code of Maryland; and

(c) Health Occupations Article, §14-5G-18(a)(11), Annotated Code of Maryland.

(2) Upon finding a violation, a disciplinary panel may impose any discipline authorized under Health Occupations Article, §14-5G-18, Annotated Code of Maryland, and the sanctioning guidelines.

H. Payment of Fines.

(1) An individual shall pay to the Board any fine imposed under this regulation within 15 calendar days of the date of the order, unless the order specifies otherwise.

(2) Filing an appeal under State Government Article, § 10-222, Annotated Code of Maryland, does not stay payment of a fine imposed by the Board pursuant to this regulation.

(3) If an individual fails to pay, in whole or in part, a fine imposed by the Board pursuant to this regulation, the Board may not restore, reinstate, or renew a license until the fine has been paid in full.

(4) In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings to ensure prompt payment.

.16 Sanctioning Guidelines for Genetic Counselors.

A. Subject to provisions of Regulation .14E and F of this chapter, a disciplinary panel may impose sanctions as outlined in §B of this regulation on genetic counselors and supervised genetic counselors for violations of Health Occupations Article, §14-5G-18, Annotated Code of Maryland.

B. Range of Sanctions.

Ground	Maximum Sanction	Minimum Sanction	Maximum Fine	Minimum Fine
(1) Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another	Revocation	Reprimand with probation for 2 years	$5,000	$1,000
(2) Fraudulently or deceptively uses a license	Revocation	Probation	$5,000	$1,000
(3) Is guilty of unprofessional or immoral conduct while practicing genetic counseling	Revocation	Reprimand	$5,000	$1,000
(4) Incompetence. (a) Is professionally incompetent	Revocation	Suspension until professional incompetence is addressed to Board’s satisfaction	$5,000	$1,000
(b) Is physically or mentally incompetent	Revocation	Suspension until physical or mental incompetence is addressed to Board’s satisfaction	$5,000	$0
(5) Abandons a patient	Revocation	Reprimand	$5,000	$1,000
(6) Is habitually intoxicated	Revocation	Suspension until licensee is in treatment and has been abstinent for 6 months	$5,000	$0
(7) Is addicted to or habitually abuses any narcotic or controlled dangerous substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland	Revocation	Suspension until licensee is in treatment and has been abstinent for 6 months	$5,000	$0
(8) Provides professional services while: (a) Under the influence of alcohol; or (b) Using any narcotic or controlled substance as defined in Criminal Law Article, §5-101, Annotated Code of Maryland, or any other drug that is in excess of therapeutic amounts without valid medical indication	Revocation	Suspension until licensee is in treatment and has been abstinent for 6 months	$5,000	$500
(9) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain	Suspension for 5 years	Reprimand	$5,000	$1,000
(10) Willfully makes or files a false report or record in the practice of genetic counseling	Revocation	Reprimand	$5,000	$1,000
(11) Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report	Revocation	Reprimand	$5,000	$1,000
(12) Breaches patient confidentiality	Revocation	Reprimand	$5,000	$1,000
(13) Pays or agrees to pay any sum or provide any form of remuneration or material benefit to any person for bringing or referring a patient or accepts or agrees to accept any sum or any form of remuneration or material benefit from an individual for bringing or referring a patient	Revocation	Reprimand	$5,000	$500
(14) Knowingly makes a misrepresentation while practicing genetic counseling	Revocation	Reprimand	$5,000	$1,000
(15) Knowingly practices genetic counseling with an unauthorized individual or aids an unauthorized individual in practicing genetic counseling	Revocation	Reprimand	$5,000	$1,000
(16) Knowingly delegates a genetic counseling duty to an unlicensed individual	Revocation	Reprimand	$5,000	$1,000
(17) Grossly overutilizes health care services	Revocation	Reprimand	$5,000	$1,000
(18) Offers, undertakes, or agrees to cure or treat disease by a secret method, treatment, or medicine	Revocation	Reprimand	$5,000	$1,000
(19) Is disciplined by a licensing or disciplinary authority or is convicted or disciplined by a court of any state or country or is disciplined by any branch of the United States uniformed services or the U.S. Department of Veterans Affairs for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes	Penalty comparable to what the Board imposes under equivalent State ground for discipline	Penalty equivalent to that imposed by original licensing authority if this is less than the Board sanction would be	Fine comparable to what the Board imposes under equivalent State ground for discipline	Fine equivalent to that imposed by the original licensing authority if this is lesser than the Board sanction would be
(20) Fails to meet appropriate standards for the delivery of genetic counseling services	Revocation	Reprimand	$5,000	$500
(21) Knowingly submits false statements to collect fees for which services are not provided	Revocation	Reprimand	$5,000	$1,000
(22) Has been subject to an investigation or disciplinary action by a licensing or disciplinary authority or by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes and has: (a) Surrendered the license, if any, issued by the state or country; or (b) Allowed the license, if any, issued by the state or country to expire or lapse	Penalty comparable to what the Board imposes under equivalent State ground for discipline	Penalty equivalent to that imposed by original licensing authority if this is less than the Board sanction would be	Fine comparable to what the Board imposes under equivalent Maryland ground for discipline	Fine equivalent to that imposed by the original licensing authority if this is lesser than the Board sanction would be
(23) Knowingly fails to report suspected child abuse in violation of Family Law Article, §5-704, Annotated Code of Maryland	Revocation	Reprimand	$5,000	$500
(24) Practices or attempts to practice beyond the authorized scope of practice	Revocation	Suspension for 3 months	$5,000	$2,500
(25) Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive	Suspension for 1 year	Reprimand	$5,000	$500
(26) Practices or attempts to practice genetic counseling procedures or uses or attempts to use genetic assessments if the applicant or licensee has not received education and training in the performance of the procedure or the use of the genetic assessment	Revocation	Suspension for 3 months	$5,000	$2,500
(27) Fails to cooperate with a lawful investigation of the Board or a disciplinary panel	Revocation	Reprimand	$5,000	$1,000
(28) Fails to complete a criminal history records check under Health Occupations Article, §14-308.1, Annotated Code of Maryland	Revocation	Reprimand	$5,000	$500
(29) Violates any provision of this title or any rule or regulation pertaining to genetic counseling that is adopted by the Board, the State, or the federal government	Revocation	Reprimand	$5,000	$500

 

MEENA SESHAMANI, MD, PHD
Secretary of Health

 

Subtitle 32 BOARD OF PHYSICIANS

10.32.25 Supervised Medical Graduates

Authority: Health Occupations Article, §14-306, Annotated Code of Maryland

Notice of Proposed Action

[25-116-P]

The Acting Secretary of Health proposes to adopt new Regulations .01—.06 under a new chapter, COMAR 10.32.25 Supervised Medical Graduates. This action was considered a public Board meeting on August 28th, 2024, and June 26, 2024, notice of which was given by publication on the Board’s webster at https://www.mbp.state.md.us and posted to the Board’s website to solicit public comment from June 26th to July 10th, 2024, and August 29th to September 12th, 2024, pursuant to State Government Article, 10-506(c)(1), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to establish a pathway for qualified individuals to utilize their education and clinical skills while bolstering the healthcare workforce. This action establishes regulations that authorize unlicensed individuals who meet the qualifications to perform delegated medical duties under the supervision of a licensed physician.

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 Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.01 Scope.

A.  This chapter governs the delegation of duties by a delegating physician to a supervised medical graduate in accordance with Regulations .04 and .05 of this chapter.

B. This chapter may not be construed:

(1) As establishing licensure, certification, or registration by the Board for supervised medical graduates;

(2) To apply to certified, registered, or licensed professionals or health occupation students acting in accordance with Health Occupations Article, Annotated Code of Maryland; and

(3) To mean that this chapter overrides or is to be used in lieu of more stringent regulations, policies, and procedures established by State licensure or certification requirements or Board-recognized accrediting agencies.

.02 Definitions.

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

B. Terms Defined.

(1) “Board” means the State Board of Physicians.

(2) “Delegated duty” means a routine medical or surgical act that does not require medical judgment and is performed under the supervision of a delegating physician.

(3) “Delegating physician” means a physician possessing an active license to practice medicine in the State who directs a supervised medical graduate to perform delegated duties.

(4) “Direct supervision” means oversight exercised by a delegating physician who is:

(a) Personally treating the patient;

(b) In the same medical office as the patient and the supervised medical graduate; and

(c) Immediately available to provide assistance and guidance to the supervised medical graduate for the duration of the delegated duty.

(5) “ECFMG” means the Educational Commission for Foreign Medical Graduates or its successor.

(6) “LCME” means the Liaison Committee on Medical Education, an organization which accredits programs in medical education leading to the doctor of medicine degree in the United States and its territories and, in cooperation with the Committee on Accreditation of Canadian Medical Schools, in Canada.

(7) Medical Office.

(a) "Medical office" means any facility or location used for the delivery of health services.      

(b) “Medical office” includes but is not limited to:

(i) A health care facility as defined in Health-General Article, §19-114, Annotated Code of Maryland; and

(ii) An ambulatory surgical facility as defined in Health-General Article, §19-3B-01(b), Annotated Code of Maryland.

(8) “Supervised medical graduate” means an individual who meets the requirements of Regulations .03 and .04 of this chapter and is delegated duties by a delegating physician in accordance with Regulation .05 of this chapter.      

.03 Qualifications.

A supervised medical graduate shall:

A. Have a degree of:

(1) Doctor of Medicine from a school of medicine accredited by the LCME or its successor at the time of graduation;

(2) Doctor of Osteopathy from a school of osteopathy in the United States, its territories or possessions, Puerto Rico, or Canada that has standards for graduation equivalent to those established by the American Osteopathic Association; or

(3) Have a doctor of medicine degree from any other medical school and have successfully completed the requirements for and obtained ECFMG certification; and

B. Receive a passing score in Part 1 and Part 2 of the United States Medical Licensing Examination.

.04 Requirements.

A.  An individual may not practice as a supervised medical graduate for a period of more than 2 years.

B.  A supervised medical graduate may only be delegated duties by a delegating physician while under the direct supervision of the physician.

C.  A supervised medical graduate shall wear an identification badge while on the premises of the medical office that states in readily visible type:

(1) The name of the supervised medical graduate; and

(2) The title “Supervised Medical Graduate”.

D.  A supervised medical graduate shall comply with all additional requirements established by:

(1) Maryland Department of the Environment;

(2) The Joint Commission; and

(3) Any federal or State agency, including any federal or State laws or regulations.

E. A medical office employing a supervising medical graduate shall:

(1) Issue the supervised medical graduate an identification badge in accordance with §C of this regulation;

(2) Verify all credentials of the supervised medical graduate;

(3) Maintain documentation that the supervised medical graduate meets the requirements of this chapter on the premises of the medical office;

(4) Permit the Board to inspect the maintained documentation to ensure compliance with this chapter; and

(5) Verify all duties delegated to and performed by the supervised medical graduate are in accordance with Health Occupations Article, §14-306, Annotated Code of Maryland, and this chapter.

.05 Scope of Delegation to a Supervised Medical Graduate.

A.  A delegating physician may delegate duties consistent with national standards in the medical community and the approved policies and procedures of the medical office.

B.  A delegating physician is not required to be in the presence of a supervised medical graduate and the patient during the duration of the performance of delegated duties.

C.  A delegating physician shall delegate duties to a supervised medical graduate while physically on the premises of the same medical office as the supervised medical graduate.

.06 Prohibited Conduct.

A.  A supervised medical graduate acting beyond the scope of this chapter may be:

(1) Considered to be engaged in the unlicensed practice of medicine; and

(2) Subject to all applicable penalties and fines in accordance with Health Occupations Article, §§14-601,14-602, 14-606 Annotated Code of Maryland and COMAR 10.32.02.

B.  A delegating physician, through either act or omission, facilitation, or otherwise enabling or forcing a supervised medical graduate to practice beyond the scope of this chapter, may be subject to discipline for grounds within Health Occupations Article, §14-404(a), Annotated Code of Maryland including, but not limited to, practicing medicine with an unauthorized person or aiding an unauthorized person in the practice of medicine.

C.  A delegating physician may not:

(1) Require a supervised medical graduate to perform delegated duties; or

(2) Permit a supervised medical graduate to delegate duties to another individual.

.07 Enforcement.

The Board shall conduct any necessary investigation regarding the failure to comply with the requirements of Health Occupations Article, §14-306, Annotated Code of Maryland and this chapter.

 

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

Subtitle 34 BOARD OF PHARMACY

10.34.43 Prescription Labeling for Blind, Visually Impaired, and Print Disabled Individuals

Authority: Health Occupations Article, §12-501.1 Annotated Code of Maryland

Notice of Proposed Action

[25-103-P]

The Acting Secretary of Health proposes to adopt new Regulations .01—.03 under a new chapter, COMAR 10.34.43 Prescription Labeling for Blind, Visually Impaired, and Print Disabled Individuals.  This action was considered by the Board of Pharmacy at a public meeting held on December 18, 2024, notice of which was given by publication on the Board’s website at https://health.maryland.gov/pharmacy/Pages/index.aspx pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to  adopt regulations according to the mandate in SB 940 FY 2023 and Health Occupations Article, §12-505.1, Annotated Code of Maryland related to prescription labeling for visually impaired, blind, and print disabled individuals.

Estimate of Economic Impact

I. Summary of Economic Impact. This regulatory action implements SB940 (2023) which requires pharmacies in the State to provide certain prescription labels for visually impaired, blind, and print disabled individuals. The Board estimates that the economic impact, while indeterminate may potentially be significant.

These new requirements will result in an increased expense for pharmacies which may not have the economic resources to obtain and maintain the equipment required to produce prescription labeling for visually impaired individuals. The impact on these small pharmacies may be significant. Further, the Board anticipates that these increased expenses may be passed on to all consumers. 

For a pharmacy which opts to lease equipment to comply with requirements, it is anticipated that the cost will be approximately $2,600 per year. Further, the Board estimates that any costs associated with maintaining the equipment to print the labels and to purchase the labels will likely increase over time.

 

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:
Pharmacies	(-)	Indeterminable
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

 

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

D. (a) The Board estimates that there are 2,104 pharmacies in the State, 458 of these are independent pharmacies.

(b) The economic impact is difficult for the Board to determine given the variety of avenues in which a pharmacy could implement these regulations such as purchase of equipment, lease of equipment, or other collaborative arrangement to give the pharmacy access to equipment to provide these specialized labels. The Board estimates that yearly lease fees will be approximately $2,600 per pharmacy per year for those pharmacies which choose to lease equipment. Lease is only one avenue of compliance with these regulations, therefore, the true economic impact is indeterminable but may be significant.

Economic Impact on Small Businesses

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

This proposed action will have a potentially significant impact on smaller pharmacies in the State. The Board has worked to ensure the implementation of SB940 (2023) will meet the requirements of the legislation while considering the interests and needs of smaller pharmacies in the State. While pharmacies will need to use special equipment to become and remain compliant with the law, the Board has not dictated the manner in which small pharmacies are required to be compliant. Small pharmacies may choose to purchase equipment, lease equipment, or enter into other cooperative arrangements which may minimize the cost of implementation. The cost of implementation may still be significant and may cause financial strain on small and community pharmacies that serve rural and urban areas. The true economic impact is difficult for the Board to precisely estimate as there are many possible manners for implementation – one manner, lease of equipment is estimated to have a yearly cost of $2,600 per pharmacy. Assuming every small pharmacy in the State (458) chooses to lease equipment, the economic impact may be as high as $1,190,800.

Impact on Individuals with Disabilities

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

This will have a positive impact on visually impaired, blind, and print disabled individuals. It will allow them to have multiple options available to receive their medications and instructions in a manner that suits their individual needs.

 

Opportunity for Public Comment

Comments may be sent to Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.01 Definitions.

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

B. Terms Defined.

(1) “Bag tag” means a receipt that may contain patient demographic information, drug information, and cost which is affixed to the bag containing the prescription drug vial or package.

(2) “Blind” means:

(a) A visual acuity not exceeding 20/200 in the better eye with corrective lenses; or

(b) A visual field of which the widest diameter subtends an angle of not more than 20 degrees. 

(3) “Board” means the State Board of Pharmacy.

(4) “Medical guide” means a medication guide approved by the Food and Drug Administration (FDA) as part of the prescription drug labeling for certain drugs when the FDA determines that:

(a) Patient labeling could prevent serious adverse reactions;

(b) The drug has serious risks that could affect the patient’s decision to use, or to continue to use, the product; or

(c) Patient adherence to the directions for use is crucial to the drug’s effectiveness.

(5) “Pharmacy” means an establishment holding a permit under Health Occupations Article, §12-401, Annotated Code of Maryland.

(6) “Prescription label” means a label affixed to a prescription drug vial or package that contains the information required by State and federal laws, including any warnings or other information contained in auxiliary labels.

(7) “Print disabled individual" means an individual who cannot effectively read print because of a visual, physical, perceptual, developmental, cognitive, or learning disability.

(8) “Visually impaired individual” means an individual who has difficulty seeing even when wearing glasses,

.02 General Requirements. 

A.  A pharmacy shall adopt policies and procedures necessary to ensure that a blind, visually impaired, or print disabled individual has appropriate access to prescription labels, bag tags, and medical guides:

(1) At no additional cost to the individual;

(2) In a format through which the information is fully accessible to the individual;

(3) Within a timeframe comparable to the timeframe within which the information is provided to an individual who is not blind, visually impaired, or print disabled; and

(4) That contains the same information provided in a standard print prescription label, bag tag, or medical guide.

B. A prescription labeling, bag tag, or medical guide alternative provided under this chapter shall be in addition to the standard print prescription labeling, bag tag, or medical guide dispensed with a prescription drug.

.03 Prescription Labeling, Bag Tag, and Medical Guide Alternative—Requirements.

A. A pharmacist shall, upon request, provide at least one o f the following alternative formats consistent with  the needs of the blind, visually impaired, or print disabled individual:

(1) Audio;

(2) Braille;

(3) Digital format; or

(4) Large print.

B. A pharmacy shall implement policies and procedures to ensure that pharmacy staff provide verbal notice to any patient who may be blind, visually impaired, or print disabled that alternative prescription labeling, bag tags, and medical guides are available at no additional cost.

C.  Notification Requirements.

(1) A pharmacy shall notify the public that alternative prescription labeling, bag tags, and medical guides are available for blind, visually impaired, or print disabled individuals at no additional cost.

(2) A pharmacy shall provide the information required by §C(1) of this regulation by:

(a) Posting signage in a conspicuous location;

(b) If applicable, including the information in the pharmacy’s telephone recording; and

(c) If applicable, including the information on the pharmacy’s website .

D. The Board may take disciplinary action against a pharmacy or pharmacist for a violation of this chapter. 

RYAN B. MORAN, DRPH, MHSA

Acting Secretary of Health

 

Subtitle 46 BOARD OF OCCUPATIONAL THERAPY PRACTICE

10.46.05 Collection of Fees

Authority: Health Occupations Article, §§10-205 and 10-206, Annotated Code of Maryland

Notice of Proposed Action

[25-098-P]

The Acting Secretary of Health proposes to amend Regulation .01 under COMAR 10.46.05 Collection of Fees.  This action was considered by the Board of Occupational Therapy Practice at a public meeting held on February 21, 2025, notice of which was given by publication on the Board’s website at 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 provide a new fee for The Interstate Occupational Therapy Licensure Compact pursuant to Chapters 93 and 94, Acts of 2021.

Estimate of Economic Impact

I. Summary of Economic Impact. It is estimated that out-of-state Occupational Therapists (OTs)/Occupational Therapy Assistants (OTAs) will likely forgo renewal of their Maryland licenses to take advantage of the less expensive Interstate Occupational Therapy Compact, which will still allow practice in Maryland and goes into effect in September 2025.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Board of Occupational Therapy Practice  (Compact Licensure)	(R-)	$133,055
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Compact OT and OTA Licensees	(+)	$133,055
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. (a) There are currently 1,019 out-of-state licensees (774 OTs and 245 OTAs) who would no longer need to renew their Maryland OT/OTA license. Renewal fees for OT/OTA licenses are $270 and $210 respectively.

(b) It is estimated that this will decrease the Board revenue by: $260,430 (OTs/OTAs renewal without the compact fee) – $127,375 (OTs/OTAs in the compact and paying $125 x 1019) = $133,055 (the amount that Board revenue will decrease). This assumes that all out-of-state OTs and OTAs will give up their Maryland license and join the compact.

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 Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.01 Fees.

The fees established by the Board are as follows:

A.—J. (text unchanged)

K. Renewal, occupational therapy assistant license—$210; [and]

L. Verification of licensure—$20[.]; and

M. Interstate occupational therapy licensure compact fee— $125.

 

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

 

Subtitle 50 TISSUE BANKS

10.50.01 Tissue Banks

Authority: Health General Article, §§17-302, [17-304,] 17-303, 17-305, 17-307, [17-310,] 17-313, Annotated Code of Maryland

Notice of Proposed Action

[25-130-P-I]

The Acting Secretary of Health proposes to amend Regulations .03, .04, .07, .10, and .11, repeal existing Regulations .05, .06, and .09, recodify existing Regulation .08 to be Regulation .09, and adopt new Regulations .06 and .08 under COMAR 10.50.01 Tissue Banks. 

Statement of Purpose

The purpose of this action is to set minimum, reasonable standards for permitting of Tissue Banks in Maryland. 

This chapter is intended to maximize safety and quality of Tissue Bank operations and tissue components received by Marylanders, while updating and establishing reasonable standards for the growing industry.  

The updated regulations will:

(1) Reflect current Maryland law;

(2) Delete obsolete terminology;

(3) Address concerns brought forth by the industry; and

(4) Reflect current quality and safety standards of medical laboratories.

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 Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

 

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Approval of the removal plan” means that the OHCQ has determined that the tissue bank's removal plan, if implemented appropriately, will remove the likelihood that serious harm will occur, or recur.

[(4)] (5)—[(6)] (7) (text unchanged)

(8) “Designated qualified employee” means an employee who has been delegated one or more responsibilities by the technical director or medical director and who possesses the training and experience to perform the delegated responsibility.

[(7)] (9)—[(11)] (13) (text unchanged)

(14) “Immediate corrective action” means all actions the tissue bank has taken or will take to immediately address the noncompliance that resulted in or made serious harm or death likely.

 (15) “Immediate jeopardy” means a situation in which immediate corrective action is necessary because the tissue bank's noncompliance with one or more licensure requirements has already caused, is causing, or is likely to cause, at any time, serious harm or death, to individuals served by the tissue bank or to the health or safety of the general public.

(16)“Informal dispute resolution (IDR)” means an informal process that provides a tissue bank the opportunity to dispute one or more deficiencies cited in a written statement of deficiencies issued by the Department or the Department’s designee related to a recent survey.

[(12)] (17) (text unchanged)

[(13)] (18) Leukocyte-[poor] Poor Tissue.

(a) “Leukocyte- [poor]Poor tissue” means tissue that does not contain a significant or substantial number of potentially viable leukocytes.

(b) “Leukocyte-[poor]Poor tissue” includes but is not limited to:

(i)—(vii) (text unchanged)

[(14)] (19) Leukocyte-[rich]Rich Tissue.

(a) “Leukocyte-[rich]Rich tissue” means tissue that may contain a significant or substantial number of potentially viable leukocytes.

(b) “Leukocyte-[rich] Rich tissue” includes but is not limited to:

(i)—(vi) (text unchanged)

[(15)] (20) "Medical director" means a physician who:

(a) (text unchanged)

(b) Is responsible for all medical aspects of the tissue bank's [services] operations, unless the technical director meets the qualifications  stated in Regulation .10B of this chapter.

[(16)] (21)—[(17)] (22) (text unchanged)

(23) “Need for immediate corrective action” means immediate corrective action is necessary to remove the jeopardy.

(24) “Noncompliance” means the tissue bank is not compliant with one or more licensure requirements.

[(18)] (25)—[(19)] (26) (text unchanged)

[(20)] (27) Permit.

(a) (text unchanged)

(b) “Permit” includes a provisional permit, except as otherwise indicated in Regulation .06 of this chapter.

(28) “Plan of correction” means a written plan submitted by the tissue bank to the OHCQ which documents steps the tissue bank will take to come into compliance with the licensure requirements.

[(21)] (29)—[(22)] (30) (text unchanged)

(31) “Removal plan” means the tissue bank's written plan that documents:

(a) The immediate corrective action a tissue bank will take to prevent serious harm from occurring or recurring;

(b) All actions to remove past, present, and future jeopardy; and

(c) The date by which the entity asserts the likelihood for serious harm to any recipient no longer exists.

[(23)] (32)—[(26)] (35) (text unchanged)

(36) “Serious harm” means the situation has already caused, is causing, or is likely to cause, at any time, serious injury, serious impairment, or death, to individuals served by the tissue bank or to the health or safety of the general public.

[(27)] (37) (text unchanged)

(38) “Statement of Deficiencies” means the written notification that the OHCQ issues to the provider that contains a listing of deficiencies cited that require correction.

[(28)] (39) “Technical director” means an individual who:

(a) (text unchanged)

(b) [Is responsible for supervising the technical, scientific, and administrative operations of a tissue bank] Will oversee and be responsible for all technical aspects of the tissue bank's operations.

[(29)] (40) (text unchanged)

[(30)] (41) Tissue Bank.

(a) “Tissue bank” means an establishment that obtains, stores, processes, distributes, or sells human blood or other human tissue for use in the human body.

(b) “Tissue bank” includes a person or facility that provides or engages in one or more services involving tissue from living or cadaveric donors for:

(i)—(iv) (text unchanged)

[(b)] (c) (text unchanged)

[(31)] (42) (text unchanged)

.04 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated.

(1) Standards for Tissue Banking (American Association of Tissue Banks, [13th] 14th Edition), Sections C, D, E, F, G, H, J, K, L, and M1-8 only;

(2) Standards for Blood Banks and Transfusion Services [(American Association of Blood Banks, 29th Edition);] (Association for the Advancement of Blood & Biotherapies), 34th Edition;

(3) International Quality Plasma Program (IQPP) (Plasma Protein Therapeutics Association):

(a) Community-based Donor Standard V5 (2020);

(b) Cross Donation Management Standard V3 (2014);

(c) Recording Donor Adverse Events V2 (2018);

(d) Donor Education Standard V3 (2014);

(e) Donor Fluid Administration Standard V1 (2014);

(f) Use of National Donor Deferral Registry Standard V3 (2008);

(g) Qualified Donor Standard V5 (2020);

(h) Viral Marker Standard V5 (2022);

(i) Personnel Education and Training Standard V5 (2019);

(j) Plasma Collection Facility Standard V4 (2019);

(k) Quality Assurance Standard V5 (2020); and

[(3)] (4)—[(5)] (6) (text unchanged)

.06 Permitting Procedure.

A. Application. An application is not complete until the OHCQ has received the completed permit application and all required documents.

B. Initial Inspection. The OHCQ shall inspect or have an inspection conducted by an accreditation organization for each tissue bank when an initial Maryland permit to operate is sought.

C. Issuance of a Permit. The Secretary shall issue a permit to an applicant who meets the requirements of this chapter to:

(1) Operate a tissue bank in the State; or

(2) Represent for service in the State a tissue bank that is inside the State or outside the State.

D. Issuance of a Permit and Provisional Permit.

(1) Permit and Provisional Permit Content. A permit and provisional permit shall state:

(a) The name of the tissue bank;

(b) The name of the tissue bank's medical director;

(c) The name of the tissue bank's owner or owners; and

(d) The class or classes of the tissue bank.

(2) Provisional Permit.

(a) The Secretary may issue a provisional permit before or after an initial inspection.

(b) A provisional permit:

(i) Is valid for 180 calendar days or a lesser period as determined by the Secretary;

(ii) May not be renewed; and

(iii) Shall automatically expire without notice upon the sooner of the date set for its expiration or upon issuance of a permit.

E.  Permit Requirement. A person shall hold a permit issued by the Secretary before the person may:

(1) Operate a tissue bank in this State; or

(2) Represent or service in this State a tissue bank that is:

(a) In this State; or

(b) Outside this State.

F.  Operating Without a Permit.

(1) Unless a person has a permit issued by the Secretary to operate, represent, or service a tissue bank in this State, a person may not:

(a) Operate a tissue bank in this State; or

(b) Represent or service in this State a tissue bank that is in this State or outside this State.

(2) A permit holder may not operate, represent, or service a tissue bank class other than that authorized in the permit.

 G. Cessation of Operations.  If a tissue bank ceases operation for 180 calendar days, then:

(1) The OHCQ will void the permit to operate a tissue bank in the State; and

(2) The tissue bank shall return the permit to the OHCQ.

H. Permit Application Administratively Closed.

(1) After 180 calendar days from the date of initial receipt, the OHCQ may deem an incomplete permit application inactive and administratively close the application.

(2) An applicant whose application is administratively closed may reapply for a permit by submitting a new application.

I. Change of Medical Director, Name, or Location of a Tissue Bank. A tissue bank undergoing a change in medical director, name, or location shall:

(1) Notify the OHCQ 10 calendar days before a change occurs; and

(2) Apply to the OHCQ for an amended permit or provisional permit within 30 calendar days after a change takes place.

J. Nontransferability. A permit or provisional permit may not be transferred from one owner of a tissue bank to another.

K. Denial, Suspension, Revocation — Causes. The Secretary may deny, suspend, or revoke a permit or provisional permit if the tissue bank or the tissue bank's technical director, medical director, or both fail to meet requirements of this chapter, including, but not limited to:

(1) Failure within a specified time to correct a cited deficiency identified during an inspection;

(2) Repetitive or consistent errors;

(3) Deliberate falsehood; or

(4) Failure to apply for an amended permit or provisional permit within 30 calendar days after a tissue bank undergoes a change in tissue bank class, medical director, name, or location.

L. Denial, Suspension, and Revocation — Hearing Requirement.

(1) When the Secretary denies an application for a permit, the Secretary shall inform the permit applicant in writing:

(a) Of the date the denial takes effect;

(b) Of the reason for the denial; and

(c) That the permit applicant has an opportunity for a hearing on the matter in accordance with State Government Article, §10-226, Annotated Code of Maryland.

(2) Unless the Secretary finds that a danger to public health, safety, or welfare summarily requires that emergency action be taken to correct a deficiency, the Secretary shall inform the permit holder or provisional permit holder, in writing:

(a) Of the date a suspension or revocation of the permit or provisional permit takes effect;

(b) Of the reason for the suspension or revocation; and

(c) That the permit holder or provisional permit holder has an opportunity for a hearing on the matter before the suspension or revocation takes effect, in accordance with State Government Article, §10-226, Annotated Code of Maryland.

(3) When a finding is made that the public health, safety, or welfare summarily requires that emergency or immediate corrective action be taken, the Secretary shall inform the permit holder or provisional permit holder in writing:

(a) Of the date a suspension or revocation of the permit or provisional permit takes effect;

(b) Of the reason for the suspension or revocation; and

(c) That the permit holder or provisional permit holder has an opportunity for a hearing on the matter, after the suspension or revocation takes effect, in accordance with State Government Article, §10-226, Annotated Code of Maryland.

(4) Reapplication After Revocation. A tissue bank that has had its permit or provisional permit revoked may apply for a new permit 30 calendar days after revocation and upon presentation to the Secretary of evidence of capability and intention to comply with the standards and requirements of this chapter.

M. Return of Permit. If a tissue bank's permit is amended, suspended, or revoked, the original permit is void and the tissue bank's technical director shall return the permit to the OHCQ.

.07 Accredited Tissue Bank and Accrediting Organization.

A. (text unchanged)

B. Accredited Tissue Bank — Requirements. In addition to meeting the requirements for accreditation, as set forth by a tissue bank's accrediting organization, an accredited tissue bank shall:

(1) (text unchanged)

(2) Be subject to inspection by the OHCQ to:

(a)—(b) (text unchanged)

(c) Determine whether a [permittee] permit holder is operating a tissue bank beyond the scope of the permit; [and]

(d) Validate findings of a tissue bank's accrediting organization[.]; and

(e) Verify compliance with licensure requirements.

C. (text unchanged)

D. Change in Accreditation Status. Tissue banks shall report all changes in accreditation status to the OHCQ within seven calendar days of becoming aware of the change.

.08 Inspection by OHCQ.

A. Open for Inspection.  A permit holder shall allow an on-site inspection by the OHCQ, or any designee by OHCQ, at any time during the tissue bank's regular hours of operation, to evaluate the tissue bank's compliance with the applicable requirements, conditions, and standards of this chapter.

B. Content of Inspection.  An inspection may include, but is not limited to, observation and examination of:

(1) Tissue bank facilities and physical security;

(2) Equipment;

(3) Quality assurance and quality control policies and records;

(4) Operating procedures, policies, and records;

(5) Personnel and personnel records;

(6) Donor documentation and records; and

(7) Other records and files pertinent to this chapter.

C. Access to Records. Tissue bank employees shall make data and records accessible within a reasonable time during an inspection by OHCQ or any designee by OHCQ.

D. Permitted Tissue Bank. A permit holder operating a tissue bank under a provisional permit or a permit shall be subject to:

(1) An initial inspection conducted by the OHCQ;

(2) Periodic inspections by the OHCQ; and

(3) Other inspections by the OHCQ to determine if the tissue bank is in compliance with licensure requirements.

E. Accredited Tissue Bank. An accredited tissue bank is subject to:

(1) An initial inspection by an accreditation organization or the OHCQ;

(2) Periodic inspections by an accreditation organization or the OHCQ; and

(3) Other inspections by the OHCQ to determine if the tissue bank is in compliance with licensure requirements.

F. Notice of Deficiencies. If a survey identifies noncompliance with a requirement, the Department shall:

(1) Issue a written Statement of Deficiencies that cites each deficiency;

(2) Require the tissue bank to submit an acceptable plan of correction within 10 calendar days of receipt of the Statement of Deficiencies;

(3) Notify the tissue bank of any sanctions imposed or that failure to correct the violation may result in sanctions; and

(4) Offer the tissue bank the opportunity for informal dispute resolution (IDR).

G. Plan of Correction. 

(1)  The tissue bank shall submit a written plan of correction to the OHCQ in response to a Statement of Deficiencies documenting the steps the permit holder will take to come into compliance, including:

(a) How the tissue bank will correct each deficiency;

(b) The date by which each deficient practice will be corrected;

(c) How the tissue bank will prevent the deficient practice from recurring; and

(d) Who will be responsible for ensuring the deficiency will not reoccur.

(2) Failure of the tissue bank to return an acceptable plan of correction within 10 calendar days after receipt of a Statement of Deficiencies may result in a sanction.

(3) A tissue bank’s request for an IDR does not change the tissue bank's requirement to submit a plan of correction for all deficiencies within 10 calendar days after receipt of the Statement of Deficiencies.

(4) If an immediate jeopardy is identified during a survey, the tissue bank’s plan of correction shall completely correct all noncompliance associated with the immediate jeopardy.

H. Immediate Jeopardy.

(1) Declaration of Immediate Jeopardy.

(a) When the Department identifies a situation in which immediate corrective action is necessary because the tissue bank's noncompliance with one or more licensure requirements has already caused, is causing, or is likely to cause, at any time, serious harm or death, to individuals served by the tissue bank or to the health or safety of the general public, an immediate jeopardy will be declared.

(b) The Department shall provide the tissue bank a written notice that includes a description of the situation that constitutes an immediate jeopardy.

(2) Removal Plan.  The tissue bank shall submit a written removal plan to the Department that includes:

(a) The immediate corrective action a tissue bank will take to prevent serious harm from occurring or recurring;

(b) All actions to remove past, present, and future jeopardy; and

(c) The date by which the entity asserts the likelihood for serious harm to any recipient or the general public will no longer exist.

(3) The Department’s Review of the Removal Plan.

(a) The OHCQ staff shall review the tissue bank's removal plan to determine if the removal plan, if implemented appropriately, will remove the likelihood that serious harm will occur, or recur.

(b) The OHCQ shall verify that the tissue bank has implemented the removal plan.

(4) The Department’s Approval of the Removal Plan. The Department shall approve the removal plan after verifying that all actions the tissue bank took were effective in removing the likelihood that serious harm or death would occur or recur.

I. Informal Dispute Resolution (IDR).

(1) A tissue bank may request an IDR to dispute one or more deficiencies in a Statement of Deficiencies.

(2) The tissue bank shall submit the request for an IDR to the OHCQ within 10 calendar days of receiving the Statement of Deficiencies.

(3) The written request for an IDR shall:

(a) Fully describe the disagreement with the Statement of Deficiencies; and

(b) Include all accompanying evidence for the OHCQ’s consideration.

(4) At the discretion of the OHCQ, the IDR may be held in person, by telephone, by video conference, or in writing.

(5) IDRs are informal in nature and may not be attended by legal counsel representing the tissue bank or the Department.

(6) The IDR process may not delay the effective date of any enforcement action.

(7) In the event a tissue bank requests an IDR for a Statement of Deficiencies written by a designee of the Department, the Department shall request the designee to participate in the IDR process.

(8) There is no appeal of the Department’s decision in an IDR.

J. Process of Filing a Complaint. The tissue bank shall have a written process that describes how donors and recipients of tissue bank services are notified of how to file a complaint with the OHCQ and, if applicable, an accreditation organization.

.10 Tissue Bank Standards—Personnel.

A. (text unchanged)

B. Medical Director.

(1)—(2) (text unchanged)

(3) Responsibilities. The medical director shall be responsible for all medical aspects of the tissue bank's operations and shall retain overall responsibility when a task is delegated to a designated qualified employee. The medical director or the designated qualified employee shall:

(a)—(h) (text unchanged)

C. Technical Director.

(1) Qualifications. The technical director shall be qualified by training and experience for the scope of activities being pursued and have:

(a) [Hold an earned] A bachelor's or higher degree in medical technology or a biological science from an accredited college or university and be qualified by training and experience for the scope of activities conducted by the tissue bank; [or]

(b) [Hold an earned] A bachelor’s degree in a discipline other than medical technology or a biological science from an accredited college or university and have 5 years of experience overseeing all technical aspects of tissue bank operations under the supervision of a medical director[.]; or

(c) Licensure as a registered nurse in the state that the tissue bank is operating.

(2) Responsibilities. The technical director shall oversee and be responsible for all technical aspects of the tissue bank's operations and shall retain overall responsibility when a task is delegated to a designated qualified employee. The technical director or designated qualified employee shall:

(a)—(b) (text unchanged)

D. Technical Staff.

(1) Qualifications.

(a) (text unchanged)

(b) The technical director or the designated qualified employee, and medical director or the designated qualified employee shall train individual staff to accurately and reliably:

(i)—(ii) (text unchanged)

(2) Responsibilities.

(a) (text unchanged)

(b) A technical director or the designated qualified employee shall list and describe the duties and responsibilities of technical staff in written job descriptions.

(c)—(d) (text unchanged)

.11 Tissue Bank Standards — Testing to Minimize Disease Transmission.

A. Required Testing.

(1) General — All Donors. A [permittee] permit holder shall ensure that a prospective donor of tissue, including both leukocyte-rich and leukocyte-poor cell and tissue, intended to be used as an allograft is tested for biochemical, immunological, or serological evidence of:

(a)一(e) (text unchanged)

(2) Specific — Donors of Specific Tissue or Cell Types.

(a) In addition to those tests set forth in §A(1) of this regulation, a [permittee] permit holder shall ensure that a prospective donor of specific types of tissue are tested in accordance with the requirements set forth in §A(2)(b)—(c) of this regulation.

(b) Donors of Leukocyte-[rich] Rich Tissue. A [permittee] permit holder shall ensure that a prospective donor of a leukocyte-rich tissue, as defined in Regulation .03B of this chapter, intended to be used as an allograft, is tested for biochemical, immunological, or serological evidence of:

(i)—(iii) (text unchanged)

(c) Donors of Reproductive Tissue including Oocytes and Semen. In addition to those applicable tests set forth in §A(1) and (2)(a) of this regulation, a [permittee] permit holder shall ensure that a prospective donor of reproductive tissue, as defined in Regulation .03B of this chapter, intended to be used as an allograft, is tested for biochemical, immunological, or serological evidence of:

(i)—(ii) (text unchanged)

B.—C. (text unchanged)

RYAN B. MORAN, DrPH, MHSA

Acting Secretary of Health

 

Subtitle 53 BOARD OF NURSING—ELECTROLOGY PRACTICE COMMITTEE

10.53.09 Sterilization Procedures

Authority: Health Occupations Article, §§8-205(a)(1) and 8-6B-03, Annotated Code of Maryland

Notice of Proposed Action

[25-124-P]

The Acting Secretary of Health proposes to amend Regulation .04 under COMAR 10.53.09 Sterilization Procedures.

Statement of Purpose

The purpose of this action is to bring the Board’s regulations in conformance with the American Electrology Association’s Infection Prevention Standards (Rev. 01/2019), which are based upon recommendations by the Centers for Disease Control and Prevention and in conformance with the current standard of practice of electrologists.

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 Jordan Fisher Blotter , Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.04 Sterilization.

A. Except as provided in Regulation .02C of this chapter, critical items, transfer forceps, and soaking receptacles shall be placed on a steel tray or rack in the center of an autoclave or heat sterilizer, separating instruments and keeping them away from the walls of the unit, and shall be sterilized according to manufacturer specifications or by:

(1) Autoclave at the temperatures listed for the following minimum time periods after completing a heat-up period:

(a) 15—20 minutes at 121°C (250°F), 15 psi (pounds per square inch) for unpackaged instruments; and

(b) (text unchanged)

(2) (text unchanged)

B.—H. (text unchanged)

RYAN B. MORAN, DRPH, MHSA
Acting Secretary

 

Subtitle 57 BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS

Notice of Proposed Action

[25-125-P]

The Acting Secretary of Health proposes to:

(1) Amend Regulations .04, .05, and .07 under COMAR 10.57.02 Certification—Residential Child Care Program Administrators;

(2) Amend Regulations .03, .05, .08, and .09 and repeal existing Regulation .10 under COMAR 10.57.03 Certification—Residential Child and Youth Care Practitioners;

(3) Amend Regulation .04 under COMAR 10.57.05 Code of Ethics; and

(4) Amend Regulation .01 under COMAR 10.57.07 Fees. 

This action was considered by the Board for Certification of Residential Child Care Program Professionals at a public meeting held on September 13, 2024, notice of which was given by publication on the Board’s website at health.maryland.gov/crccp/Pages/Index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to: 

(1) Update application procedures for Residential Child Care Program Administrators;

(2) Make clarifying language corrections;

(3) Update certificate issuance by electronic means;

(4) Update certification procedures and requirements for Residential Child and Youth Care Practitioners;

(5) Make clarifying changes to the code of ethics; and

(6) Repeal fees for late renewal, preceptor authorization, and lost/destroyed/duplicate license.

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 Jordan Fisher Blotter, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 534 Baltimore, Maryland 21201, or call 410-767-0938, or email to mdh.regs@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

10.57.02 Certification—Residential Child Care Program Administrators

Authority: Health Occupations Article, §§20-205, 20-301, 20-302, 20-303, 20-305—20-307, 20-310, 20-311, and 20-404, Annotated Code of Maryland

.04 Action on Application.

A. (text unchanged)

B. Upon review of a completed application, the Board shall [do one of the following]:

(1) [Approve the applicant for certification;] Notify the applicant that the applicant is:

(a) Approved for certification; and

(b) Qualified to take the examination; or

(2) Deny certification[; or

(3) Notify the applicant that the applicant is qualified to take the examination].

C. (text unchanged)

D. Issuance of Certificate.

(1) If the Board approves an applicant for certification and the applicant passes the State Standards Examination, the Board shall:

(a) (text unchanged)

(b) Issue a certificate, available online, to the applicant.

(2) (text unchanged)

.05 Expiration and Renewal.

A. Unless the Board suspends or revokes the certificate, the certification is effective for [at least] up to 2 years from the date issued and authorizes the individual to administer a residential child care program.

B. At least 1 month before the certificate expires, the Board shall send to the certified program administrator, by electronic means or [first class] first-class mail to the last known electronic or physical address, a renewal notice that states:

(1)—(3) (text unchanged)

C.—D. (text unchanged)

.07 Duplicate or Corrected Certificate.

The Board shall issue a duplicate certificate, electronically, to the certificate holder if:

A. The certificate holder has a change of name and does the following:

(1) Makes the request to the Board in writing on the form provided by the Board; and

(2) Provides appropriate legal documentation of the change; or

[(3) Pays the fee as specified in COMAR 10.57.07; and

(4) Surrenders the current certificate; or]

B. The Board, as a result of its error, issues an incorrect certificate and the certificate holder:

(1) [Does both of the following:

(a)] Notifies the Board in writing within 6 weeks of [receipt] discovery of the incorrect certificate; [and

(b) Surrenders the incorrect certificate;] or

(2) Does not receive electronic verification of the certificate within 6 weeks of issuance and provides a statement to the Board attesting to the [nonreceipt] unavailability of the certificate online within 4 months of the date the certificate was issued by the Board.

10.57.03 Certification — Residential Child and Youth Care Practitioners

Authority: Health Occupations Article, §§20-205, 20-301, 20-302.1, 20-303, 20-305, 20-307, 20-310, and 20-311, Annotated Code of Maryland

.03 Certification [by Completion of an Approved Residential Child and Youth Care Practitioner Training Program].

A. In order to obtain [a] certification [certificate] as a residential child and youth care practitioner by completion of an approved residential child and youth care training program, the applicant shall:

[(1) Submit to the Board the documentation required in Regulations .01 and .02 of this chapter; and

 (2) Demonstrate at least 30 hours, including, but not limited to, the following subject areas:

(a) Introduction to the field of residential child and youth care;

(b) Life skills development;

(c) Child and adolescent development;

(d) Standards of health and safety in child and youth care services;

(e) Trauma;

(f) Communication skills; and

(g) Legal and ethical issues in child and youth care.

B. An applicant who has completed a training program that does not have required hours of training as specified in §A(2) of this regulation, may provide the Board with evidence of completion of the required hours of training from another approved training source.]

(1) Meet the age requirement set forth in Health Occupations Article, §20-302.1, Annotated Code of Maryland;

(2) Submit to the Board:

(a) The application;

(b) The application fee;

(c) Evidence of completion of a State and national criminal history records check as required by Regulation .01 of this chapter;

(d) Evidence of completion of a minimum of 10 hours of an on-site program orientation at a private provider site;

(e) Evidence of completion of a Board-approved provider residential child and youth care training program; and

(3) Pass a comprehensive residential child and youth care practitioner exam.

B. The Board shall notify applicants who have been approved to take the required comprehensive examination of:

(1) The applicant’s approval to sit for the examination; and

(2) All testing dates and locations.

C. The Board may waive the training program requirement set forth in Health Occupations Article, §20-302.1(f), Annotated Code of Maryland, for an applicant holding an Associate’s or Bachelor’s degree if the applicant:

(1) Passes an examination; and

(2) Meets other requirements established by the Board.

D. An applicant for whom the required education, experience, training, and examination is waived in accordance with Health Occupations Article, §20-302.1(h), Annotated Code of Maryland, shall submit the following to the Board to become certified:

(1) The completed application;

(2) The application fee as required by COMAR 10.57.07;

(3) Evidence of a completed criminal history records check as required by Regulation .01 of this chapter; and

(4) Before October 1, 2015, satisfactory evidence that the applicant has worked in the State as a residential child and youth care practitioner for at least 2 years.

.05 Action on Application.

A.—C. (text unchanged)

D. Issuance of Certificate.

(1) If the Board approves an applicant for certification and the applicant passes the examination, the Board shall:

(a) (text unchanged)

(b) Issue a certificate, available online, to the applicant.

(2) (text unchanged)

.08 Duplicate or Corrected Certificate.

The Board shall issue a duplicate certificate, electronically, to the certificate holder if:

A. The certificate holder has a change of name and does the following:

(1) (text unchanged)

(2) Provides appropriate legal documentation of the change; and

(3) Pays the fee as specified in COMAR 10.57.07; [and

(4) Surrenders the current certificate;] or

B. The Board, as a result of its error, issues an incorrect certificate and the certificate holder:

(1) Notifies the Board in writing within 6 weeks of [receipt] discovery of the incorrect certificate; [and

(2) Surrenders the incorrect certificate;] or

[C.] (2) [The certificate holder does] Does not receive electronic verification of the certificate within 6 weeks of issuance and the certificate holder provides a statement to the Board attesting to the [nonreceipt] unavailability of the certificate online within 4 months of the date the certificate was issued by the Board.

.09 [Display of Certificate] Initial and Renewal Certificates.

A.—B. (text unchanged)

10.57.05 Code of Ethics

Authority: Health Occupations Article, §§1-212, 20-205, and 20-213, Annotated Code of Maryland

.04 Sexual Misconduct.

A. The certified residential child care program administrator or certified residential child and youth care practitioner may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:

(1)—(4) (text unchanged)

(5) [Therapeutic deception] Deception in the practice of residential care administration.

B. Concurrent Sexual Relationships. The certified residential child care program administrator or certified residential child and youth care practitioner may not engage in either consensual or forced sexual behavior with:

(1)—(2) (text unchanged)

(3) An individual with whom the client has a close personal relationship, including but not limited to a relative or a significant individual in the client's life[,] if there is a risk of exploitation or potential harm to the client.

C. Sexual Harassment.

(1) (text unchanged)

(2) If sexually harassed by a client, the certified program administrator or certified residential child and youth care practitioner shall[:] comply with the provider agency incident reporting process as required under COMAR 14.31.06.18A(2).

[(a) Seek professional consultation with another licensed health professional;

(b) Redefine the professional plan of action in writing in the client's record, documenting all action taken in the client's treatment plan; and

(c) Terminate therapy and assist in the referral to another health care provider.]

D. Deceit [During Therapy] When Providing Residential Child Care Administration. The certified residential child care program administrator or certified residential child and youth care practitioner may not:

(1) (text unchanged)

(2) Represent to the client or individual in close personal contact with the client that sexual contact or activity by or with the certified residential child care program administrator or certified residential child and youth care practitioner is consistent with or part of the client's [therapy] care; or

(3) Suggest, recommend, or encourage the client to engage in a sexually provocative act, including but not limited to:

(a)—(c) (text unchanged)

(d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by [treatment or treatment] residential child care administration protocol.

10.57.07 Fees

Authority: Health Occupations Article, §20-206, Annotated Code of Maryland

.01 Fee Schedule.

The following fees are established by the Board:

A. Residential Child Care Program Administrators:

(1)—(4) (text unchanged)

[(5) Late Renewal Fee (in addition to renewal fee)—$100;]

[(6)] (5) Acting Capacity Approval—$75; and

[(7)] (6) Authorization to serve as the residential child care program administrator for 2 individually licensed organizations—$100; [and]

[(8) Preceptor Authorization—$100;]

B. Residential Child and Youth Care Practitioner:

(1) (text unchanged)

(2) Biennial Certificate Renewal—$ 50; and

(3) (text unchanged)

[(4) Late Renewal Fee (in addition to renewal fee)—$25;]

C. Other Fees:

(1)—(4) (text unchanged)

[(5) Lost, destroyed, or duplicate license—$25;]

[(6)] (5)—[(8)] (7) (text unchanged)

 

RYAN B. MORAN, DRPH, MHSA
Acting Secretary of Health

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 05 MARYLAND PORT ADMINISTRATION

11.05.03 Vehicle Access, Parking and Operation of Vehicles on Maryland Port Administration Property

Authority: Transportation Article, §§6-201 and 6-211, Annotated Code of Maryland

Notice of Proposed Action

[25-088-P]

The Executive Director of the Maryland Port Administration proposes to amend Regulations .02 and .03 under COMAR 11.05.03 Vehicle Access, Parking, and Operation of Vehicles on Maryland Port Administration Property.

Statement of Purpose

The purpose of this action is to add the term "E-Pass" or "vendor" to the definitions and regulations and to eliminate the term "annual" from the 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 Nichol Conley, Regulations Coordinator , Maryland Port Administration, The World Trade Center, 401 E. Pratt Street, Baltimore, MD 21202, or call 410-385-4434, or email to nconley@marylandports.com. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) "Access control point" means a location where credentials are produced and verified to ensure [insure] authorized access to the facilities.

[(2) “Annual decal” means the individually numbered and adhesive backed decal that is issued annually and applied to the vehicle windshield by the MPA Office of Security or designee.]

[(3)](2) “Berth permit” means a [hang tag] permit issued by the MPA Office of Security or designee that permits parking upon a berth.

[(4)](3)—[(6)](5) (text unchanged)

[(7)](6) “Decal” means the individually numbered and adhesive backed decal that is issued [assigned] and applied to the motor vehicle windshield by the MPA Office of Security or designee.

(7) “Electronic Pass” (E-Pass) means an electronic pass generated by the MPA and verified at the access control point by security personnel. 

(8) (text unchanged)

(9) “Law Enforcement Permit” means a hang tag issued by the MPA Office of Security or designee to law enforcement and MPA Office of Security personnel.

(10)—(15) (text unchanged)

(16) “Permit" means:

(a) The [annual] decal that is affixed to the vehicle windshield by the MPA Office of Security or designee;

(b) The visitor or vendor vehicle pass, [or] cargo gate pass or E-Pass generated by the MPA and verified [issued] by security personnel at the facility access control point; or

(c) (text unchanged)

(17)—(20) (text unchanged)

(21) "Visitor or Vendor vehicle pass" means the document issued at the access control point by security personnel for single day access to a facility for a [personally owned] motor vehicle.

.03 Motor Vehicle Port Admission Permit.

A. Permit Requirements.

(1) A person may not operate or bring a motor vehicle on MPA property unless the motor vehicle has been issued [an]a [Annual] Decal or a Visitor, Vendor, 14-Day, [or] Cargo Gate Pass or E-Pass in accordance with this chapter.

(2)—(4) (text unchanged)

B. Types of Permits.

(1) [Annual] Decal. Motor vehicles regularly operated on MPA property or requiring regular visits to the property, shall display evidence of having obtained [an] a [Annual] Decal. The decal shall be applied to the outside lower portion of the driver side of the vehicle’s front windshield with the expiration date clearly displayed.

(2) 14-Day Pass. [Motor] Non-decaled  motor vehicles operated by authorized persons on MPA property on a daily basis for 7 days or longer, shall display evidence of having obtained a 14-Day Pass. Issuance of a 14-Day Pass requires prior notification of the MPA Office of Security or designee. The pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside.

(3) Visitor or Vendor Vehicle Pass. Motor vehicles, owned or operated by persons on MPA property on a daily basis for a length of time less than 7 days, shall display evidence of having obtained a printed Visitor or Vendor Pass, or shall display an E-Pass on their mobile device. Issuance of a Visitor or Vendor Pass or E-Pass requires prior notification to the MPA via its electronic [visitor] database. The printed pass shall be placed on the dashboard in the driver’s front left windshield area of the vehicle so as to be visible from the outside. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.

(4) Cargo Gate Pass. A [motor]Motor vehicle which is designed to carry cargo or is designated as cargo is required to obtain a Cargo Gate Pass at one of the truck access control points before reporting directly to the marine terminal operator or cargo processor within MPA property that is handling the cargo. The [cargo] vehicle operator shall be registered via MPA’s electronic database, eModal, before entering the facility.

(5) (text unchanged)

C. Application Procedures.

(1) Requirements for [an Annual] a Decal. A person desiring [an annual] a decal under this regulation shall:

(a)—(d) (text unchanged)

(2) Requirements for a Visitor or Vendor Vehicle Pass. A Visitor or Vendor Vehicle Pass shall be obtained at the access control point of the facility to which access is desired. All visitors and vendors shall have received prior authorization to enter the facility from the MPA, the MdTA Police, or a tenant or other user of the facility. The person who authorized the visitor or vendor’s entry to the facility shall provide all required identification information to the MPA in advance through MPA’s electronic [visitor] database.

(3) Requirements for a 14-Day Pass. A person desiring a 14-Day Pass under this regulation shall:

(a) Provide to the MPA Office of Security or designee evidence of hardship or exigent circumstances justifying the person’s failure to obtain [an annual or temporary] a decal; and

(b) (text unchanged)

(4) Requirements for a Cargo Gate Pass. A motor vehicle entering MPA port facilities to deliver or pick up cargo shall be issued a Cargo Gate Pass or E-Pass after its driver produces valid identification and establishes a legitimate business purpose for entry to the facility. The Cargo Gate Pass or E-Pass shall be validated by the tenant while the vehicle is on the facility and verified by the security guard on exit.

D. Decision on Application for [Annual] Decals.

(1) [An Annual] A Decal may be issued only to those persons who have employment-related or business-related purposes for gaining admission to MPA property.

(2)—(4) (text unchanged)

E. Display of Decals and Passes.

(1) [Annual] Decals. Upon approval of an application for [an Annual] a Decal, the MPA Office of Security or designee shall issue an identifying decal. This decal signifies to the MdTA Police and the MPA that an application is on file for the vehicle which has met all the requirements of this chapter. The decal, upon issue, shall immediately be applied to the vehicle windshield by the MPA Office of Security or designee and is the only evidence of application approval and is valid until termination.

(2) (text unchanged)

(3) Visitor or Vendor Vehicle Pass. Upon approval of a visitor or vendor's entrance into a facility, a designated security officer shall issue a Visitor or Vendor Vehicle Pass or E-Pass to the driver[,].  The printed Visitor or Vendor Vehicle Pass shall be prominently displayed within the windshield area of the vehicle and in full view from the exterior with the date clearly visible while the motor vehicle is on MPA property. The E-Pass shall be displayed via the user’s mobile device when requested by security personnel or MdTA Police.

(4) (text unchanged)

F. Non-Transferability of Decals and Passes. [An Annual] a Decal or Visitor or Vendor Vehicle, 14-Day, or Cargo Gate Pass may not be transferred to or displayed on any vehicle other than the vehicle to which the decal or pass has been issued. A pass may not be transferred to or displayed by any person other than the person to whom issued.

G. Termination of Decals and Passes.

(1) [Annual] Decals.

(a) Upon termination of a[n] [Annual] Decal, the decal shall be removed by the vehicle owner, by another person on the owner's behalf, or by a designated MPA or MdTA police employee.

(b) [Annual] Decal termination occurs on the earliest of:

(i)—(iii) (text unchanged)

(iv) The date ownership of the vehicle is transferred by the person who obtained the decal; or

(v) Upon expiration of the Decal.

[(c) Unless Annual Validation Tabs have been issued and affixed to the Annual Decal by the MPA Office of Security or designee, the Annual Decal expires at midnight on June 30 of each year.]

(2) Visitor or Vendor Vehicles Passes.

(a) The Visitor or Vendor Vehicle Pass shall be returned to a designated security officer or electronically closed upon departure of the motor vehicle from the facility.

(b) The Visitor or Vendor Vehicle Pass automatically expires at the end of the calendar date indicated, upon its voluntary surrender, upon departure of the motor vehicle from the MPA facility at which the permit was issued, or upon revocation by the MPA Office of Security or designee in accordance with the provisions in this chapter.

(3) (text unchanged)

H. Notice of Changes in Conditions.

(1) Changes in the information given in the original application for the decal [or pass] shall be reported by the applicant[, or the decal or pass holder authorizing entry for a visitor,] to the MPA Office of Security or designee immediately after the change.

(2) The following changes shall be reported:

(a)—(b) (text unchanged)

(c) Loss of or damage to the decal [or pass];

(d) (text unchanged)

(e) Change of applicant's employer; or

(f) (text unchanged)

I. (text unchanged)

 

JONATHAN T. DANIELS
Executive Director
Maryland Port Administration

 

Title 11
DEPARTMENT OF TRANSPORTATION

Subtitle 11 MOTOR VEHICLE ADMINISTRATION—ADMINISTRATIVE PROCEDURES

11.11.05 Motor Vehicle Fees

Authority: Transportation Article,§§12-l04(b), Annotated Code of Maryland

Notice of Proposed Action

[25-087-P]

The Administrator of the Motor Vehicle Administration proposes to amend Regulations .02—.04, and .06 under COMAR 11.11.05 Motor Vehicle Fees.

Statement of Purpose

The purpose of this action is to adjust the fees charged for certain transactions for vehicle titling, driver's license and identification cards, vehicle registration, and miscellaneous services in order to reflect the cost of providing the services and products covered by these fees in compliance with Transportation Article, §12-120, Annotated Code of Maryland.

Estimate of Economic Impact

I. Summary of Economic Impact. MVA charges fees for various driver, vehicle, and business license transactions. MVA is required in law to recover 100-105 percent of certain operating costs through its fees. It is currently recovering around 95 percent of its operating costs.

The estimated economic impact to the Administration based on the proposed regulation is estimated to be an annual revenue increase of $69,353,101.

Based on the assumption and the information contained in this fiscal impact statement, the estimate economic impacts are as follows:

(1) Vehicle Titling Fees:

a. Salvage certificate:

i. Original (from $25 to $40);

ii. Duplicate (from $25 to $40)

b. Salvage Inspection fee (from $25 to $75)

c. Title:

i. Corrected (from $40 to $80);

ii. Duplicate (from $20 to $40);

d. Security interest filing:

i. Original (from $20 to $40);

ii. Duplicate (from $20 to $40);

(2) Driver's License and Identification Card Fees:

a.  Noncommercial Driver's License - New issuance (from $9 per year to $11 per year);

b.  Noncommercial Driver's License - Renewal (from $6 per year to $8 per year);

c.  Commercial Driver's License - Renewal/Conversion (from $6 per year to $8 per year);

d.  Commercial Driver's License - Conversion - out of State to MD (from $6 to $8 per year);

e.  Identification Card - New issuance or renewal - 18 years or older, 8 years (from $3 per year to $5 per year);

f.  Identification Card - Duplicate (from $20 to $30);

g. Identification Card - Corrected (from $20 to $30);

(3) Vehicle Registration Fees: Substitute Tags (from $20 to $40);

(4) Miscellaneous Fees:

a. Vehicle emission inspection fee (from $14 to $30);

b. Vehicle emission reinspection fee (from $14 to $30);

c. Vehicle emission inspection advanced testing fee (from $10 to $26);

d. Vehicle emissions inspection late fee - per month or part of it (from $15 to $30); and

e. Vehicle emissions inspection fleet test fee, per vehicle passed (from $14 to $30).

 

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
(a) Driver License-New Issuance	(R+)	$1,873,136
(b) Driver License-Renewal	(R+)	$9,657,680
(c) Commercial Driver's License-Renewal/Conversion	(R+)	$241,104
(d) Commercial Driver's License-out of State Conversion	(R+)	$20,528
(e) Salvage Certificate-Original	(R+)	$1,602,285
(f) Salvage Certificate-Duplicate	(R+)	$19,740
(g) Salvage Inspection fee - applying for a salvage certificate of title for the vehicle	(R+)	1,562,500
(h) Title Certificate-Corrected	(R+)	$1,261,600
(i) Title Certificate-Duplicate	(R+)	$5,998,640
(j) Security Interest Filing-Original	(R+)	$12,344,020
(k) Security Interest Filing-Duplicate	(R+)	$118,340
(l) Identification Card-New Issuance	(R+)	$749,168
(m) Identification Card-Duplicate	(R+)	$142,370
(n) Identification Card-Corrected	(R+)	$167,370
(o) Vehicle Emission Inspection	(R+)	$15,236,944
(p) Vehicle Emission Reinspection	(R+)	$1,598,560
(q) Vehicle Emission Inspection Advanced Testing Fee	(R+)	$3,847,744
(r) Vehicle Emissions Inspection Late Fee-Per Month or Part of it	(R+)	$10,050,000
(s) Vehicle Emissions Inspection Fleet Test Fee, Per Vehicle Passed	(R+)	$7,152
(t) Substitute tags (R+)		$2,854,220
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:	NONE
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:
(a) Driver License-New Issuance	(R+)	$1,873,136
(b) Driver License-Renewal	(R+)	$9,657,680
(c) Commercial Driver's License-Renewal/Conversion	(R+)	$241,104
(d) Commercial Driver's License-out of State Conversion	(R+)	$20,528
(e) Salvage Certificate-Original	(R+)	$1,602,285
(f) Salvage Certificate-Duplicate	(R+)	$19,740
(g) Salvage Inspection fee - applying for a salvage certificate of title for the vehicle	(R+)	1,562,500
(h) Title Certificate-Corrected	(R+)	$1,261,600
(i) Title Certificate-Duplicate	(R+)	$5,998,640
(j) Security Interest Filing-Original	(R+)	$12,344,020
(k) Security Interest Filing-Duplicate	(R+)	$118,340
(l) Identification Card-New Issuance	(R+)	$749,168
(m) Identification Card-Duplicate	(R+)	$142,370
(n) Identification Card-Corrected	(R+)	$167,370
(o) Vehicle Emission Inspection	(R+)	$15,236,944
(p) Vehicle Emission Reinspection	(R+)	$1,598,560
(q) Vehicle Emission Inspection Advanced Testing Fee	(R+)	$3,847,744
(r) Vehicle Emissions Inspection Late Fee-Per Month or Part of it	(R+)	$10,050,000
(s) Vehicle Emissions Inspection Fleet Test Fee, Per Vehicle Passed	(R+)	$7,152
(t) Substitute Tags (R+)		$2,854,220
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:	NONE
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:
(a) Driver License-New Issuance	(R+)	$1,873,136
(b) Driver License-Renewal	(R+)	$9,657,680
(c) Commercial Driver's License-Renewal/Conversion	(R+)	$241,104
(d) Commercial Driver's License-out of State Conversion	(R+)	$20,528
(e) Salvage Certificate-Original	(R+)	$1,602,285
(f) Salvage Certificate-Duplicate	(R+)	$19,740
(g) Salvage Inspection fee - applying for a salvage certificate of title for the vehicle	(R+)	1,562,500
(h) Title Certificate-Corrected	(R+)	$1,261,600
(i) Title Certificate-Duplicate	(R+)	$5,998,640
(j) Security Interest Filing-Original	(R+)	$12,344,020
(k) Security Interest Filing-Duplicate	(R+)	$118,340
(l) Identification Card-New Issuance	(R+)	$749,168
(m) Identification Card-Duplicate	(R+)	$142,370
(n) Identification Card-Corrected	(R+)	$167,370
(o) Vehicle Emission Inspection	(R+)	$15,236,944
(p) Vehicle Emission Reinspection	(R+)	$1,598,560
(q) Vehicle Emission Inspection Advanced Testing Fee	(R+)	$3,847,744
(r) Vehicle Emissions Inspection Late Fee-Per Month or Part of it	(R+)	$10,050,000
(s) Vehicle Emissions Inspection Fleet Test Fee, Per Vehicle Passed	(R+)	$7,152
(t) Substitute Tags (R+)		$2,854,220

 

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

 

A.(a). and F.(a). The increase in the fee for new driver licenses will generate an additional $1,873,136 annually, based on an increase of $16 each for the approximately 117,071 new driver licenses issued annually.

A.(b) and F.(b). The increase in the fee for renewal driver licenses will generate an additional $9,657,680 annually, based on an increase of $16 each for the approximately 603,605 renewal drivers licenses issued annually.

A.(c) and F(c). The increase in the fee for renewal or conversion commercial driver's licenses will generate an additional $241,104 annually, based on an increase of $16 each for the approximately 15,069 renewal or conversion commercial driver's licenses issued annually.

A.(d) and F.(d). The increase in the fee for out of state conversion commercial driver's licenses will generate an additional $20,528 annually, based on an increase of $16 each for the approximately 1,283 out of state conversion commercial driver's licenses issued annually.

A.(e) and F.(e). The increase in the fee original salvage certificates will generate an additional $1,602,285 annually, based on an increase of $15 each for the approximately 106,819 original salvage certificates issued annually.

A.(f) and F.(f). The increase in the fee for duplicate salvage certificates will generate an additional $19,740 annually, based on an increase of $15 each for the approximately 1,316 duplicate salvage certificates issued annually.

A.(g) and F.(g). The increase in the fee for salvage inspection fee paid by an owner of a vehicle for which a salvage certificate has been issued who is applying for a certificate of title for the vehicle will generate an additional $1,562-500 annually, based on an increase of $50 each for the approximately 31,250 certificate issued annually.

A.(h) and F.(h). The increase in the fee for corrected title certificates will generate an additional $1,261,600 annually, based on an increase of $40 each for the approximately 31,540 corrected title certificates issued annually.

A.(i) and 6.(i). The increase in the fee for duplicate title certificates will generate an additional $5,998,640 annually, based on an increase of $20 each for the approximately 299,932 duplicate title certificates issued annually.

A(j) and 6.(j). The increase in the fee for original security interest filing will generate an additional $12,344,020 annually, based on an increase of $20 each for the approximately 617,201 renewal original security interest filing issued annually.

A.(k) and 6.(k). The increase in the fee for duplicate Security Interest Filing will generate an additional $118,340 annually, based on an increase of $20 each for the approximately 5,917 duplicate Security Interest Filing issued annually.

A.(l) and 6.(l). The increase in the fee for new issuance Identification Cards will generate an additional $749,168 annually, based on an increase of $16 each for the approximately 46,823 issued annually.

A.(m) and 6.(m). The increase in the fee for duplicate identification cards will generate an additional $142,370 annually, based on an increase of $10 each for the approximately 14,237 duplicate identification cards issued annually.

A.(n) and 6.(n). The increase in the fee for corrected identification cards will generate an additional $167,370 annually, based on an increase of $10 each for the approximately 16,737 corrected identification cards issued annually.

A.(o) and 6.(o). The increase in the fee for Vehicle emission inspections will generate an additional $15,236,944 annually, based on an increase of $16 each for the approximately 952,309 Vehicle emission inspections issued annually.

A.(p) and 6.(p). The increase in the fee for Vehicle emission reinspection will generate an additional $1,598,560 annually, based on an increase of $16 each for the approximately 99,910 Vehicle emission reinspection issued annually.

A(q) and 6.(q). The increase in the fee for Vehicle emission inspection advanced testing fee will generate an additional $3,847,744 annually, based on an increase of $16 each for the approximately 240,484 Vehicle emission inspection advanced testing fee issued annually.

A.(r) and 6.(r). The increase in the fee for Vehicle emissions inspection late fee - per month or part of it will generate an additional $10,050,000 annually, based on an increase of $15 each for the approximately 670,000 Vehicle emissions inspection late fee - per month or part of it issued annually.

A.(s) and 6.(s). The increase in the fee for Vehicle emissions inspection fleet test fee, per vehicle passed will generate an additional $7,152 annually, based on an increase of $16 each for the approximately 447 Vehicle emissions inspection fleet test fee, per vehicle passed issued annually.

A.(t) and 6.(t). The increase in the fee for Vehicle substitute Tags will generate an additional $2,854,220 annually, based on an increase of $20 each for the approximately 142,711 substitute tag transactions annually.

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 Tracey C. Sheffield, Regulations Coordinator , MVA, 6601 Ritchie Highway N.E. Room 200, Glen Burnie, MD 21062, or call 410-768-7545, or email to tsheffield@mdot.maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.02 Vehicle Titling Fees.

.03 Driver's License and Identification Card Fees.

.04 Vehicle Registration Fees.

.06 Miscellaneous Fees.

Service	Section	Fee
A. Vehicle emissions inspection fee. Every other year.	23-205	[$14] $30
B. Vehicle emissions reinspection fee. After initial free inspection.	23-207	[$14] $30
C. Vehicle emissions inspection advanced testing fee. Every other year.	23-207	[$10] $26
D. Vehicle emissions inspection late fee. Per month or part of it.	23-207	[$15] $30
E. Vehicle emissions inspection fleet test fee, per vehicle passed.	23-207	[$14] $30
F.—M. (text unchanged)
N. Sales of [Partial] Records [or Listings].	12-112
[(1) For up to 10,000 records:
(a) To governmental agencies		$250
(b) To others		$500
(2) For each additional record:
(a) To governmental agencies		$0.05
(b) To others		$0.50]
(1) Subscriptions:
(a) Vehicle safety recall database		$125,000 per month
(b) Depersonalized sales data – No Personally Identifiable Information		$10,000 per month
(c) Vehicle Emission Inspection Program test data– No Personally Identifiable Information		$5,000 per month
(d) Under 21 household insurance file		$15,000 per month
(2) Except as provided in subsection (1) of this section, sales of partial records		$0.50 per record
O. Restoration of repossessed documents or plates.	12-110	$25
P. (text unchanged)

 

CHRISTINE NIZER
Administrator,
Motor Vehicle Administration

 

Title 13A
STATE BOARD OF EDUCATION

Subtitle 01 STATE SCHOOL ADMINISTRATION

13A.01.10 Language Access

Authority: Education Article §2-205, Annotated Code of Maryland; Federal Statutory Reference: 42 U.S.C. § 2000d

Notice of Proposed Action

[25-121-P]

The State Board of Education proposes to adopt new Regulations .01—.04 under new chapter, COMAR 13A.01.10 Language Access.  This action was considered by the State Board of Education at its April 29, 2025 meeting.

Statement of Purpose

The purpose of this action is to affirm and clarify local education agencies' existing obligations under Title VI of the Civil Rights Act.

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 Teresa Timmons-Parrott, Ed.D., Director of Multilingual Education and World Languages, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 443-826-0360, or email to teresa.timmons-parrott@maryland.gov. Comments will be accepted through July 28, 2025. 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 August 26, 2025 at 9:00 am, at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Purpose.

The purpose of this chapter is to establish as a matter of policy and priority that parents, guardians, and caregivers are provided with a meaningful opportunity to participate in and have access to programs and services critical to their child’s education, regardless of their dominant language.

.02 Scope.

This chapter applies to all local school systems.

.03 Definitions.

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

B. Terms Defined.

(1) “Covered languages” means the most common dominant languages other than English spoken by persons living in the county in which the local school system is located.

(2) “Interpretation” means the process of converting a spoken language from one language to another in a way that is culturally and linguistically appropriate, while preserving the original meaning.

(3) “Language access plan” means a document that describes how the local school system will provide services to individuals whose dominant language is not English.

(4) “Translation” means the process of converting text from one language to another while preserving the original meaning.

.04 Requirements.

Each local school system shall:

A. Develop and implement a language access plan to:

(1) Determine the covered languages for which language services will be provided,

(2) Establish a process to identify, translate, and disseminate documents containing critical information regarding students’ education,

(3) Establish a process to provide interpretation services for meetings and communication with parents and guardians,

(4) Establish a plan to provide language access for families whose dominant language is not a covered language, and

(5) Provide regular training sessions for translators, interpreters, school staff, and administrators;

B. Establish a process for users of language access services to provide feedback on the implementation of the language access plan;

C. Track and report on the effectiveness of their language access services;

D. Develop annual goals to improve the effectiveness of language access services;

E. Review and revise their language access plan every two years; and

F. Update covered languages annually.

CAREY M. WRIGHT, ED.D.

State Superintendent of Schools

Subtitle 03 GENERAL INSTRUCTIONAL PROGRAMS

13A.03.07 Maryland Seal of Biliteracy Program

Authority: Education Article, §7-208, Annotated Code of Maryland

Notice of Proposed Action

[25-118-P]

The Maryland State Board of Education proposes to amend Regulations .02, .03, and .04 and adopt new Regulation .06 under COMAR 13A.03.07 Maryland Seal of Biliteracy Program. This action was considered by the State Board of Education at its meeting on April 29, 2025.

Statement of Purpose

The purpose of this action is to update terminology and assessment references to align with current Department-approved practices.

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 Teresa Timmons-Parrott, Ed.D., Director of Multilingual Education and World Languages, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 443-826-0360, or email to teresa.timmons-parrott@maryland.gov. Comments will be accepted through July 28, 2025. 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 August 26, 2025 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

[(1) “American Council on the Teaching of Foreign Languages (ACTFL) Proficiency Guidelines” means the global descriptions of five levels of integrated performance in listening, speaking, reading and writing: Novice, Intermediate, Advanced, Superior, and Distinguished.]

(1) Multilingual learner” has the meaning stated in COMAR 13A.05.07.02.

(2) (text unchanged)

.03 Local School System Participation and Student Eligibility.

A. Local School System Participation.

[A.] (1)—[B.] (2) (text unchanged)

B. Student Eligibility.

(1) The pool of students eligible to apply includes any public school student in a participating local school system who demonstrates proficiency in one or more languages in addition to English.

(2) The pool of students shall include multilingual learners and any student who has acquired or is acquiring a world language at school, home, or in the community.

.04 Demonstrating Proficiency in English and World Languages.

To receive a Maryland Seal of Biliteracy, the student shall:

A. [The student must meet] Meet one of the assessment [requirement] requirements [as set forth in COMAR 13A.03.02.09 on the Maryland High School English Language Arts/Literacy assessment] from the Department’s approved list of English language arts/literacy assessments for the Maryland Seal of Biliteracy; and

B. [The student must select appropriate world language assessment instrument(s)] Meet one of the assessment requirements from the [Maryland State Department of Education’s] Department’s approved list of world language assessments [aligned to the ACTFL Proficiency Guidelines and attain an overall proficiency level of Intermediate High] for the Maryland Seal of Biliteracy.

.06 Data Collection.

The local school system shall collect and provide data to the Department on implementation of the program, including:

A. The number of Seals awarded;

B. The languages of the Seals awarded;

C. The race, ethnicity, gender, and multilingual learner status of each Seal recipient; and

D. Any other demographic factors for each Seal recipient as identified by the Department.

CAREY M. WRIGHT, ED.D.
State Superintendent of Schools

Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS

13A.05.07 Programs for Multilingual Learners

Authority: Education Article, §§2-205 and 4-111, Annotated Code of Maryland

Notice of Proposed Action

[25-119-P]

The State Board of Education proposes to amend Regulations .01—.05 under COMAR 13A.05.07 Programs for Multilingual Learners. This action was considered by the State Board of Education at its meeting on April 29, 2025

Statement of Purpose

The purpose of this action is to align regulations with federal law and current practices in local education agencies.

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 Teresa Timmons-Parrott, Ed.D., Director of Multilingual Education and World Languages, Maryland State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call 443-826-0360, or email to teresa.timmons-parrott@maryland.gov. Comments will be accepted through July 28, 2025. 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 August 26, 2025 at 9:00 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.

.01 Scope.

These regulations pertain to all programs for [English Learners (ELs)] multilingual learners (MLs) that provide instructional assistance and services to enable [ELs] MLs to attain English Proficiency, develop high levels of academic language, and achieve at high levels in academic subjects so that all [ELs] MLs can meet the same challenging Maryland College and Career Ready Standards that all students are expected to meet.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Maryland Home Language Survey” means one or more Department-approved questions posed to all parents and students upon entering a local school system in order to determine the language or languages spoken in the home. 

[(2) “English Learner” means a student:

(a) Who communicates in a language other than English; or

(b) Whose family uses a primary language other than English in the home; and

(c) Whose English language proficiency falls within the range established by the State for an English language development program.]

(2) “Multilingual learner (ML)” has the same meaning as “English learner” as defined in 20 U.S.C. §7801(20). 

.03 Programs for [English Learners] Multilingual Learners.

A. Each local school system shall establish an English language development program for those students who have been identified as [ELs] MLs by: [means of a home language survey as well as the State-approved English language proficiency placement assessment.]

(1)The Maryland Home Language Survey; and

(2) The Department-approved English language proficiency placement assessment.

B. (text unchanged)

C. A student who has been identified as an [EL] ML shall:

(1) (text unchanged)

(2) Be evaluated each year on the appropriate [State] Department-approved summative English language proficiency assessment in listening, speaking, reading, and writing to determine [EL] ML status.

D. The English language development program shall include the following standards:

(1) [English language learners] Multilingual learners communicate for Social and Instructional purposes within the school setting.

(2) [English language learners] Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Language Arts.

(3) [English language learners] Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Mathematics.

(4) [English language learners] Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Science.

(5) [English language learners] Multilingual learners communicate information, ideas, and concepts necessary for academic success in the content area of Social Studies.

E. (text unchanged)

.04 Funding.

The amount of State funding shall be determined annually on the basis of the number of [ELs] MLs who are reported on the Enrollment Survey as of October 31.

.05 Reporting Requirements.

Local school systems shall annually report to the Department their goals, objectives, and strategies regarding the performance of [English learners] multilingual learners along with timelines for implementation and methods for measuring progress.

 

CAREY M. WRIGHT, ED.D.

State Superintendent of Schools

 

Title 13B
MARYLAND HIGHER EDUCATION COMMISSION

Subtitle 08 FINANCIAL AID

13B.08.20 Cybersecurity Public Service Scholarship Program

Authority: Education Article, §§11-105 and Title 18, Subtitle 35, Annotated Code of Maryland

Notice of Proposed Action

[25-128-P]

The Maryland Higher Education Commission proposes to amend Regulations .02—.11, and .13 under COMAR 13B.08.20 Cybersecurity Public Service Scholarship Program.

Statement of Purpose

The purpose of this action is to: 

(1) Include program eligibility for part-time applicants;

(2) Update the definition for both full-time and part-time enrollment for both undergraduate and graduate students; and

(3) Expand the maximum timeframe a part-time student may be eligible for the award.

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 Al Dorsett, Executive Director, Office of Student Financial Assistance, Maryland Higher Education Commission, 217 E. Redwood Street, Suite 2100, Baltimore, MD  21202, or call 410-767-3300, or email to al.dorsett@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Education expenses” mean:

     (a) Tuition and mandatory fees;

[(b) Mandatory fees; and]

[(c)] (b) (text unchanged)

(5) “Eligible institution” means: [a public or private nonprofit institution of higher education that operates in the State under Education Article, §§11-201 and 11-201.1, Annotated Code of Maryland.]

(a) A community college in the State;

(b) A public senior higher education institution in the State; or

(c) A private nonprofit institution of higher education in the State that:

(i) Is approved to operate by the Commission under Education Article §11-202, Annotated Code of Maryland; or

(ii) May operate without a Certificate of Approval from the Commission under §11-202.1 (a), Annotated Code of Maryland.

(6) (text unchanged)

(7) “Full-time” means [enrollment at an eligible institution in]:

(a) [At] Enrollment at an eligible institution at least 12 credits per semester in a certificate or undergraduate degree program; at the time of certification of the Scholarship; or

(b) [At least 9 credits per semester] Classification by an eligible institution as a full-time student in a graduate certificate, graduate degree, or doctoral degree program at the time of certification of the Scholarship.

(8) “Local Educational Agency” has the meaning stated in 20 U.S.C. §1401 (19).

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

(10) “Part-time” means:

(a) Enrollment at an eligible institution in at least 6 credits, but fewer than 12 credits, per semester in an undergraduate certificate or degree program at the time of certification of the Scholarship; or

(b) Classification by an eligible institution as a part-time student in a graduate certificate or degree program at the time of certification of the Scholarship:

[(9)] (11)—[(10)] (12) (text unchanged)

.03 Student Eligibility.

A. (text unchanged)

B. An applicant is eligible for a scholarship if the applicant:

(1) Is enrolled full-time or part-time at an eligible institution in a cybersecurity program;

(2) [Is within 2 years of graduation from the cybersecurity program] Has earned a minimum of 25 percent of the credits required to complete the cybersecurity program;

 (3)—(6) (text unchanged)

.04 Application Process.

A.—B. (text unchanged)

C. An applicant shall submit the following required documentation:

(1) (text unchanged)

(2) Proof from the eligible institution that the applicant is enrolled is enrolled full-time and is within [2] 3 years from graduation in a cybersecurity program, or is enrolled part-time and is within 6 years from graduation in a cybersecurity program; and

(3) Certification from the institution that the applicant has not received or applied for a Federal [Cybercorps] CyberCorps Scholarship for Service.

[D. For the 2018-2019 award year only, applicants shall apply and submit all required documentation to the Office by February 1, 2019.]

.05 Scholarship Renewal.

A. Subject to Regulation .06 of this chapter, [an applicant shall be eligible to renew] a scholarship shall be renewed for a subsequent year if the applicant[:] continues to meet the requirements of Regulation .03 of this chapter.

[(1) Timely submits an application under Regulation .04 of this chapter; and

(2) Continues to meet the requirements of Regulation .03 of this chapter.]

B. A recipient enrolled full-time may receive a scholarship for a maximum of [2] 3 years.

C. A recipient enrolled part-time may receive a scholarship for a maximum of 6 years.

.06 Amount of Scholarship.

A. An annual scholarship for a full-time student shall be in the amount prescribed by the Director [,which may not exceed the recipient’s education expenses], and shall be appropriately prorated by the Director for the part-time status of the recipient.

B. [Priority of Scholarship Awards. Priority for scholarships shall be given to prior year recipients who remain eligible under this chapter] The amount of an annual scholarship may not exceed the recipient’s education expenses.

.07 Selection and Notification of Recipients.

A. Renewal Awards. Priority of scholarships shall be given to prior year recipients who remain eligible under Regulation .05 of this chapter.

[A.] B. [Eligible] If funds remain after awards are made to students under §A of this regulation, eligible applicants shall be ranked on the basis of cumulative grade point average.

[B.] C. Grades for credits earned for an applicant attending a public or private nonprofit institution [2] 3 years prior to graduation shall be used to calculate the cumulative grade point average.

[C.] D.— [F.] G. (text unchanged)

.08 Verification and Payment.

A. Verification. The Office shall verify that the applicant:

(1) (text unchanged)

(2) Is:

(a) Enrolled full-time and is within [2] 3 years from graduating in a cybersecurity program[;],or

(b) Enrolled part-time and is within 6 years from graduating in a cybersecurity program; and

(3) (text unchanged)

B. Payment. Eligible institutions shall certify on billing rosters provided by the Office that the recipient is:

(1)—(2) (text unchanged)

(3) Enrolled full-time or part-time in a cybersecurity program;

(4)—(5) (text unchanged)

.09 Scholarship Conditions and Service Requirement.

A.—B. (text unchanged)

C. As a precondition of receiving a scholarship, a recipient shall provide a promissory note and shall enter into a written agreement with the Commission, in the form and manner prescribed by the Office, requiring the recipient to:

(1) Earn credit as a full-time or part-time student;

(2)—(3) (text unchanged)

D. Service Obligation. [For each year that the recipient receives a scholarship, the recipient shall:

(1) Maintain full-time employment in the State for at least 1 year in a unit of State government in the cybersecurity field; or

(2) Teach full-time in the State for at least 1 year in a public high school in an education program that is directly relevant to cybersecurity.]

(1) For each semester that the recipient receives a scholarship, the recipient shall, for the time period specified in this section:

(a) Maintain full-time employment in the State in the cybersecurity field for a:

(i) Local educational agency;

(ii) Public high school;

(iii) Community college; or

(iv) A unit of State, county, city or municipal government; or

(b) Teach full-time in the State in an education program that is directly relevant to cybersecurity in a:

(i) Public high school; or

(ii) Community college.

(2) A full-time student shall perform the service obligation for 6 months for each semester the student received the scholarship.

(3) A part-time student shall perform the service obligation for 3 months for each semester the student received the scholarship.

(4) Regardless of whether a recipient was enrolled as a full-time student or part-time student, the work obligation for the recipient shall not exceed 3 years for full-time employment.

.10 [Conversion of Scholarship to Loan] Failure to Meet Conditions of Scholarship.

A.—E. (text unchanged)

.11 Deferment of the Service Obligation and Repayment.

A. (text unchanged)

B. A recipient may request that the service obligation be deferred during the time the recipient is:

(1) Enrolled full-time [(12 or more credits per semester) or part-time (6-11 credits per semester)] in an undergraduate or graduate course of study that would further their career in cybersecurity, at any [post-secondary] institution of higher education in the State;

(2)—(4) (text unchanged)

(5) Assigned military duty outside of the State, not to exceed [3] 4 years[, without filing an appeal]; or

(6) Married to a spouse assigned military duty outside of the State, not to exceed [3] 4 years[, without filing an appeal].

C.—E. (text unchanged)

[F. The Office shall, on a case-by-case basis, review appeals from individuals assigned military duty outside the State, and from spouses of individuals assigned military duty outside the State, that exceed the 3-year deferral limit. Appeals shall be in writing and include a copy of the military orders, and the Director shall determine if an appeal is granted.]

.13 Determinations of the Office.

Decisions of the Office under this chapter regarding [whether to grant an] award eligibility, recipient selection, and deferment or waiver of the service obligation [or whether to grant an appeal] are final and not subject to additional review.

SANJAY RAI
Secretary of Higher Education

 

Title 33
STATE BOARD OF ELECTIONS

Notice of Proposed Action

[25-111-P]

The State Board of Elections proposes to:

(1) Adopt new Regulation .04 under COMAR 33.05.01 Definitions; General Provisions;

(2) Amend Regulation .01 under COMAR 33.07.11 Election Judges;

(3) Adopt new Regulation .30 under COMAR 33.10.01 EVS Voting Solution;

(4) Adopt new Regulation .05 under COMAR 33.11.01 Definitions; General Provisions;

(5) Amend Regulation .06 under COMAR 33.11.03 Issuance and Return;

(6) Adopt new Regulation .07 under COMAR 33.12.04 Recount Procedures—In General; and

(7) Adopt new Regulations .01—.10 under new chapter, COMAR 33.17.08 Appeals Process for Public Buildings.

This action was considered at an open board meeting on Tuesday, April 29, 2025.

Statement of Purpose

The purpose of this action is as follows.

(1) Amend 33.07.11.01 to clarify the definition of a returning election judge for the purpose of receiving the $100 bonus payment. The regulation ensures that the vast majority of voters are within a certain radius of at least one drop box.

(2) Adopt 33.10.01.30 and adopt 33.05.01.04 to require that any employee or contractor who works with the voting system or voter registration database undergo a background check.

(3) Adopt 33.11.01.05 to meet the requirements set forth under Election Law Article, §8-401, Annotated Code of Maryland, requiring that SBE adopt regulations about:

(1) Notice to absent uniformed services voters and overseas voters concerning a special election; and

(2) The process for absent uniformed services voters and overseas voters to:

(i) Request an absentee ballot for a special election; and

(ii) Return an absentee ballot by mail in a timely manner.

(4) Amend 33.11.03.06 to provide for a process to address mail-in ballot return envelopes that are returned without ballots.

(5) Adopt 33.12.04.07 to clarify that election results will not be updated if a recount is requested, but ended prior to completion.

(6) Adopt 33.17.08.01—.10 to provide a framework for a public building to appeal its designation as an early voting center by the local boards.

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 Morgan Rhoden, Director of Special Projects, State Board of Elections, PO Box 6486, Annapolis, MD 21401, or call 410-269-2840, or email to dl_regcomments_SBE@maryland.gov. Comments will be accepted through July 28, 2025. A public hearing has not been scheduled.

Subtitle 05 VOTER REGISTRATION

33.05.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 3-101, 3-202.1, [and] 3-204.1, and 3-301, Annotated Code of Maryland

.04 Voter Registration Security — Background Check Required.

A. All employees or contractors who electronically access the Statewide voter registration list must undergo a criminal background check.

B. The local board may accept a criminal background check performed within 6 months prior to hire if conducted by the State Board or another local board, if the provider verifies and documents its authenticity.

Subtitle 07 ELECTION DAY ACTIVITIES

33.07.11 Election Judges

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 10-202, 10-201.1 10–203, and 10–205, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Previously served” means an election judge who:

(a)—(b) (text unchanged)

(c) Served in the capacity of an election judge during the term of office in [a] the immediately preceding Statewide primary, general, or special election.

(2) (text unchanged)

Subtitle 10 VOTING SYSTEMS—SYSTEM REQUIREMENTS AND PROCEDURES

33.10.01 EVS Voting Solution

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 9-102, 9-105, and 11-201, and Title 9, Subtitle 2, Annotated Code of Maryland

.30 System Security—Background Check Required.

A. All employees or contractors who perform maintenance, testing, or programming functions, in an administrative capacity, other than normal polling place activities, on the voting system or its components must undergo a criminal background check.

B. The local board may accept a criminal background check performed within 6 months prior to hire if conducted by the State Board or another local board, if the provider verifies and documents its authenticity.

Subtitle 11 ABSENTEE BALLOTS

33.11.01 Definitions; General Provisions

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-304, 2-305, 3-202.1, 9-303, 9-305, 9-306, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.05 Absent Uniformed Services Voters and Overseas Voters in Special Elections.

A. The State Board shall provide notice to absent uniformed services voters and overseas voters concerning a special election as follows:

(1) In a vote by mail special election under COMAR §33.21.01—.08, by sending an absentee ballot to all absent uniformed service voters and overseas voters; or

(2) In a special election that is not conducted as a vote by mail election, by providing notice to a major news outlet and social media.

B. Absent uniform service voters and overseas voters may request an absentee ballot as provided in COMAR §33.11.02.01—.04.

C. Absent uniform service voters and overseas voters may request delivery of an absentee ballot for a special election using any of the following methods to ensure timely return:

(1) By mail, including a postage paid return envelope;

(2) By email; or

(3) By fax.

33.11.03 Issuance and Return

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), 2-305, 9-303, 9-305, 9-306, 9-310, 11-301, 11-302, and 11-304, Annotated Code of Maryland

.06 Return of Ballot.

A.—D. (text unchanged)

E. Ballot Return Envelope Returned Without an Absentee Ballot. 

(1) If upon receipt of a ballot return envelope it is determined by the local board that there is no ballot contained in the envelope, the election director shall:

(a) If the identity of the voter can be determined:

(i) As soon as practicable, but not later than 3 business days after the election director determines that the voter failed to return a ballot, notify the voter that the voter did not return a ballot; and

(ii) Explain how the voter can provide their voted ballot, and explain when the ballot must be received for the voter's ballot to be counted; or

 (b) If the voter identity cannot be determined, document that on the return envelope.

(2) Method of Notification.

(a) The election director shall notify the voter using the voter's preferred method of communication, as indicated on the voter's form, to request the ballot.

(b) If the notice is not delivered or cannot be delivered timely using the voter's preferred method of communication, the election director shall use another means to notify the voter.

(c) If an absentee ballot envelope is not received on or before election day, as established by Regulation .08B(4)(b) of this chapter, the election director need not comply with §E(1) and (2) of this regulation.

[E.]F.—[G.]H. (text unchanged)

Subtitle 12 RECOUNTS

33.12.04 Recount Procedures—In General

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 12-106(a), Annotated Code of Maryland

.07 Effect of Ending a Recount Prior to Completion.

A. In General. If a recount is not completed, the local board shall not make any changes to:

(1) The official returns; and

(2) Any certificates that were issued on the basis of those returns.

B. Notice to State Board of Elections. The local board shall immediately notify the State Board that the recount was terminated. 

Subtitle 17 EARLY VOTING

33.17.08 Appeals Process for Public Buildings

Authority: Election Law Article, §§2-102(b)(4), 2-202(b), and 10-301.1, Annotated Code of Maryland

.01 Purpose.

The purpose of this chapter is to provide a uniform procedure for a public building to appeal its selection as an early voting center by a local board of election, pursuant to Election Law Article, §10-301.1, Annotated Code of Maryland.

.02 Public Building Defined.

“Public building” means a building, structure, or improved area that is:

A. Owned by the State or any political subdivision of the State; or

B. Leased by the State or a political subdivision of the State.

.03 Who May File.

A public official responsible for the public building that has been selected to be used as an early voting center by a local board may file an appeal under this chapter.

.04 Form of Appeal.

A. Writing and Notarization. An appeal shall be in writing, signed and sworn by the public official responsible for the public building, and notarized.

(1) The appeal shall provide the following information:

(a) Reason use of the public building is a hardship;

(b) Who the hardship affects;

(c) Any violations of law that would arise by using the public building as an early voting center; and

(d) Any other information pertinent to the designation of the public building as an early voting center or the hardship.

(2) The appeal must be in writing and bear the original signature of the public official.

B. Prescribed or Other Form. The public official may use:

(1) The form prescribed by the State Board, which is available from the State or from any local board, or which may be downloaded from the State Board website; or

(2) Any other form satisfying the requirements of §A of this regulation.

.05 Place and Time for Filing; Copy for State Board.

A. Place for Filing. An appeal shall be filed with the local board that selected the public building or use as an early voting center.

B. Time for Filing. An appeal shall be filed within 15 days after the local board gives written notice of intent indicating that the public building will be used as an early voting center.

C. Copy for State Board. The public official shall mail or deliver a copy of the appeal to the State Board, to the attention of the State Administrator.

.06 Opportunity to Be Heard by Local Board of Elections.

A. General Requirements.

(1) If a local board issues a written notice of intent to the public building indicating that the public building will be used as an early voting center, the local board  shall offer the public official the opportunity to appear before the local board   to show cause why the public building should not be used for early voting. 

(2) The opportunity to be heard shall be afforded the public official no more than 15 days after the request is made under Regulation .04 of this chapter.

B.  Notice Requirements. The notice requirements for the opportunity to be heard are as follows:

(1) The local board shall provide at least 72 hours notice of the board meeting where the public official will be given the opportunity to be heard.

(2) The public official shall confirm attendance at the board meeting 24 hours in advance of the meeting.

C. Format of the Meeting.

(1) The members of the local board may be recognized by the presiding member to ask questions of either party appearing before the local board.

(2) The public official may:

(a) Present witnesses;

(b) Submit evidence; and

(c) Respond to questions from members and the presiding member of the local board.

(3) The local board shall determine the amount of time the public official has to be heard, and present evidence and witnesses.

(4) The opportunity to be heard shall be offered in person or virtually.

.07 Decision by Local Board of Elections.

A. Final Determination.

(1) If there has been no information provided under Regulation .06 of this chapter, the local board shall review the record and determine whether the decision to use the public building as an early voting center should be upheld.

(2) After an opportunity to be heard is provided under Regulation .06 of this chapter, the local board shall determine whether use of the public building would constitute an undue burden on the public building. 

B. Form of Determination.

(1) The local board shall provide written notice of its decision under §A of this regulation within 3 days of the opportunity to be heard. 

(2) The local board shall explain in the written decision the reasons for the determination.

(3) The local board shall include information about the public official’s ability to appeal to the State Board.

C. Notice of Determination. The final determination of the local board shall be:

(1) Mailed to the public official, the State Board, and any other interested person who has asked in writing to be advised of the final determination;

(2) Published on the State Board website; and

(3) Made available on request to any interested person.

.08 Appeal to the State Board of Elections.

A. Place for Filing.

(1) If a local board denies an appeal by a public official under Regulation .07 of this chapter, the public official may appeal the decision to the State Board.

(2) A complaint shall be filed with the State Board to the attention of the State Administrator.

B. Contents of Filing: The appeal shall provide the following information:

(1) Reason use of the public building is a hardship;

(a) Who the hardship affects;

(b) Any violations of law that would arise by using the public building as an early voting center; and

(c) Any other information pertinent to the designation of the public building as an early voting center or the hardship.

(2) How the local board abused its discretion in selecting the public building for use as an early voting center.

(a) Request an absentee ballot for a special election; and

(b) Return an absentee ballot by mail in a timely manner.

C. Prescribed or Other Form. The public official may use:

(1) The form prescribed by the State Board, which is available from the State or from any local board, or which may be downloaded from the State Board website; or

(2) Any other form satisfying the requirements of §A of this regulation.

(3) The appeal must be in writing, signed and sworn by the public official responsible for the public building, and notarized.

D. Time for Filing. A complaint shall be filed within 5 days after the local board gives notice that appeal has been denied.

E. Copy for Local Board. The public official shall mail or deliver a copy of the complaint to the local board, to the attention of the election director.

.09 Opportunity to be Heard by the State Board of Elections.

A. If the public official appeals an adverse decision by the local board, the State Board shall offer the public official the opportunity to appear before the Board to show cause why the public building should not be used for early voting. 

B.  Notice Requirements. The notice requirements for the opportunity to be heard are as follows:

(1) The State Board shall provide the local board and public official at least 72 hours notice of the board meeting where the public official will be given the opportunity to be heard.

(2) The public official and local board shall confirm attendance at the board meeting 24 hours in advance of the meeting.

C. The members of the State Board may be recognized by the presiding member to ask questions of either party appearing before the State Board.

D. If a public official or local board chooses not to attend in person, the opportunity to submit a written response shall be provided by the State Board.

.10 Decision by State Board of Elections.

A. Final Determination.

(1) If there has been no information provided under Regulation .09 of this chapter, the State Board shall review the record and determine whether the decision to use the public building as an early voting center should be upheld.

(2) After an opportunity to be heard is provided under Regulation .09 of this chapter, the State Board shall determine whether the local board abused its discretion in determining that the use of the public building would not constitute an undue burden.

B. Form of Determination.

(1) The State Board shall provide written notice of its decision under §A of this regulation within 3 days of the opportunity to be heard. 

(2) The State Board shall explain in a written decision the reasons for the determination.

(3) The State Board shall include that the decision is final.

C. Notice of Determination. The final determination of the State Board shall be:

(1) Mailed to the public official, the local board, and any other interested person who has asked in writing to be advised of the final determination;

(2) Published on the State Board website; and

(3) Made available on request to any interested person.

JARED DEMARINIS
State Administrator

 

 

 

Special Documents

 

 

DEPARTMENT OF THE ENVIRONMENT

SUSQUEHANNA RIVER BASIN COMMISSION

 

Projects Approved for Consumptive Uses of Water

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists Approvals by Rule for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

 

DATES:  May 1 – 31, 2025.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary to the Commission, telephone:  (717) 238-0423, ext. 1312; fax:  (717) 238-2436; e-mail:  joyler@srbc.gov.  Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists the projects, described below, receiving approval for the consumptive use of water pursuant to the Commission’s approval by rule process set forth in 18 CFR §806.22 (f) for the time period specified above.

Approvals By Rule - Issued Under 18 CFR 806.22(f):

1. RENEWAL - Coterra Energy Inc.; Pad ID: Ely P1; ABR-20090546.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: May 1, 2025.

2. RENEWAL - Expand Operating LLC; Pad ID: Hardic; ABR-202004005.R1; Rush Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 5, 2025.

3. RENEWAL - Expand Operating LLC; Pad ID: Pierson 1; ABR-202004001.R1; Rush Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 5, 2025.

4. RENEWAL - Coterra Energy Inc.; Pad ID: ChambersO P1; ABR-201504004.R2; Harford Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: May 20, 2025.

5. RENEWAL - Coterra Energy Inc.; Pad ID: Depaola P1; ABR-20100343.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: May 20, 2025.

6. RENEWAL - EXCO Resources (PA), LLC; Pad ID: Kensinger 3H Drilling Pad #1; ABR-20100205.R3; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 8.0000 mgd; Approval Date: May 20, 2025.

7. RENEWAL - Expand Operating LLC; Pad ID: Kalinowski; ABR-20100332.R3; West Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 20, 2025.

8. RENEWAL - Expand Operating LLC; Pad ID: Leaman; ABR-20100342.R3; West Burlington Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 20, 2025.

9. RENEWAL - Expand Operating LLC; Pad ID: LU-10 ELLY MAY - PAD; ABR-202005001.R1; Cogan House Township, Lycoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 20, 2025.

10. RENEWAL - Expand Operating LLC; Pad ID: NR-24 BUCKHORN-PAD; ABR-201503004.R2; Oakland Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 20, 2025.

11. RENEWAL - Expand Operating LLC; Pad ID: Potter; ABR-20100401.R3; Terry Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 20, 2025.

12. RENEWAL - Expand Operating LLC; Pad ID: Rosalie; ABR-20100348.R3; Windham Township, Wyoming County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 20, 2025.

13. RENEWAL - Expand Operating LLC; Pad ID: Sechrist Drilling Pad #1; ABR-20100337.R3; Canton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 20, 2025.

14. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: DCNR 587 (02 006); ABR-20100355.R3; Ward Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: May 20, 2025.

15. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: DCNR 587 (02 014); ABR-20100309.R3; Ward Township, Tioga County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: May 20, 2025.

16. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: MORETZ (03 036) J; ABR-20100347.R3; Wells Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: May 20, 2025.

17. RENEWAL - Repsol Oil & Gas USA, LLC; Pad ID: ZIEGLER (03 001) E; ABR-20100424.R3; Columbia Township, Bradford County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: May 20, 2025.

18. RENEWAL - S.T.L. Resources, LLC; Pad ID: State 822 Pad; ABR-202005003.R1; Gaines Township, Tioga County, Pa.; Consumptive Use of Up to 4.9990 mgd; Approval Date: May 20, 2025.

19. RENEWAL - XTO Energy Inc.; Pad ID: Dietterick; ABR-20100315.R3; Jordan Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 20, 2025.

20. RENEWAL - Coterra Energy Inc.; Pad ID: BlaisureJe P1; ABR-20100431.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: May 30, 2025.

21. RENEWAL - Coterra Energy Inc.; Pad ID: BlaisureJo P1; ABR-20100325.R3; Jessup Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: May 30, 2025.

22. RENEWAL - Coterra Energy Inc.; Pad ID: KelleyP P1; ABR-20100310.R3; Dimock Township, Susquehanna County, Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: May 30, 2025.

23. RENEWAL - Expand Operating LLC; Pad ID: Amburke; ABR-20100438.R3; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

24. RENEWAL - Expand Operating LLC; Pad ID: Angie; ABR-20100441.R3; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

25. RENEWAL - Expand Operating LLC; Pad ID: Ballibay; ABR-20100409.R3; Herrick Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

26. RENEWAL - Expand Operating LLC; Pad ID: Cahill Realty Business Unit Pad; ABR-202005005.R1; Overton Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

27. RENEWAL - Expand Operating LLC; Pad ID: Everbreeze; ABR-20100408.R3; Troy Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

28. RENEWAL - Expand Operating LLC; Pad ID: Kingsley Drilling Pad #1; ABR-20100336.R3; Monroe Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

29. RENEWAL - Expand Operating LLC; Pad ID: Koromlan; ABR-20100421.R3; Auburn Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

30. RENEWAL - Expand Operating LLC; Pad ID: Oliver Drilling Pad #1; ABR-20100425.R3; Springville Township, Susquehanna County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

31. RENEWAL - Expand Operating LLC; Pad ID: Pauliny; ABR-20100508.R3; Terry Township, Bradford County, Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: May 30, 2025.

32. RENEWAL - Iron City Wells LLC; Pad ID: Hegarty (CC-04) Pad; ABR-201107013.R2; Beccaria Township, Clearfield County, Pa.; Consumptive Use of Up to 1.0000 mgd; Approval Date: May 30, 2025.

33. RENEWAL - Seneca Resources Company, LLC; Pad ID: CRV Pad C09-D; ABR-201504001.R2; Shippen Township, Cameron County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 30, 2025.

34. RENEWAL - Seneca Resources Company, LLC; Pad ID: Cummings 823; ABR-20100350.R3; Chatham Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 30, 2025.

35. RENEWAL - Seneca Resources Company, LLC; Pad ID: Halteman 611; ABR-20100406.R3; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 30, 2025.

36. RENEWAL - Seneca Resources Company, LLC; Pad ID: Parthemer 284; ABR-20100311.R3; Charleston Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 30, 2025.

37. RENEWAL - Seneca Resources Company, LLC; Pad ID: Waskiewicz 445; ABR-20100330.R3; Delmar Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 30, 2025.

38. RENEWAL - XTO Energy Inc.; Pad ID: MARQUARDT UNIT 8517H; ABR-20100417.R3; Penn Township, Lycoming County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: May 30, 2025.

 

 

 

Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

Dated:   June 9, 2025

 

JASON E. OYLER,

General Counsel and Secretary to the Commission.

[25-13-14]

SUSQUEHANNA RIVER BASIN COMMISSION

Grandfathering Registration Notice

 

AGENCY:  Susquehanna River Basin Commission.

 

ACTION:  Notice.

 

SUMMARY:  This notice lists Grandfathering Registration for projects by the Susquehanna River Basin Commission during the period set forth in DATES.

 

DATES:  May 1-31, 2025.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary to the Commission, telephone:  (717) 238-0423, ext. 1312; fax:  (717) 238-2436; e-mail:  joyler@srbc.gov.  Regular mail inquiries may be sent to the above address.

 

SUPPLEMENTARY INFORMATION:  This notice lists GF Registration for projects, described below, pursuant to 18 CFR Part 806, Subpart E, for the time period specified above:

1. Dalrymple Gravel & Contracting Co., Inc. – Chemung Plant, GF Certificate No. GF-202505294, Town of Chemung, Chemung County, N.Y.; Freshwater Pond – Pump 1 (Gravel), Freshwater Pond – Pump 2 (Stone), and consumptive use; Issue Date:  May 2, 2025.

2. Heidelberg Materials Northeast-NY LLC – Bath Sand and Gravel Mine, GF Certificate No. GF-202505295, Village of Bath, Steuben County, N.Y.; Rt. 415 Well, Freshwater Pond, and consumptive use; Issue Date:  May 8, 2025.

3. Heidelberg Materials Northeast-NY LLC – Jordanville Quarry, GF Certificate No. GF-202505296, Town of Warren, Herkimer County, N.Y.; Quarry Sump, Water Truck Well, and consumptive use; Issue Date:  May 8, 2025.

4. New Enterprise Stone & Lime Co., Inc. – Locust Point Quarry, GF Certificate No. GF-202505297, Silver Spring Township, Cumberland County, Pa.; RMC Well, North Quarry Pit, and consumptive use; Issue Date:  May 15, 2025.

 

Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.

Dated:  June 9, 2025.

JASON E. OYLER,

General Counsel and Secretary to the Commission.

[25-13-13]

 

SUSQUEHANNA RIVER BASIN COMMISSION

Actions Taken at the June 4, 2025 Meeting

 

AGENCY:  Susquehanna River Basin Commission

 

ACTION:  Notice.

 

SUMMARY:  As part of its regular business meeting held on June 4, 2025, in Harrisburg, Pennsylvania, the Commission approved the applications of certain water resources projects and took additional actions, as set forth in the Supplementary Information below.

 

DATE:  June 4, 2025.

 

ADDRESSES:  Susquehanna River Basin Commission, 4423 N. Front Street, Harrisburg, PA  17110-1788.

 

FOR FURTHER INFORMATION CONTACT:  Jason E. Oyler, General Counsel and Secretary, telephone:  (717) 238-0423, ext. 1312, fax:  (717) 238-2436; e-mail:  joyler@srbc.gov. Regular mail inquiries may be sent to the above address. See also the Commission website at www.srbc.gov.

 

SUPPLEMENTARY INFORMATION:  The Commission took the following actions at its June 4, 2025 business meeting: 1) Adopted Resolution 2025-02 regarding the FY2026 Budget Reconciliation 2) Adopted Resolution 2025-03 to adopt the updated Dry Cooling Resolution; 3) Approved a grant agreement and grant amendment; 4) Adopted Policy 2025-01 on the Acceptance of Gifts, Property and Other Funds; 5) Adopted Resolution 2025-04 of the Annual Update to the Water Resources Program; and 6) Approved 27 actions on 18 regulatory program projects as listed below.

 

Project Applications Approved:

 1. Project Sponsor:  BlueTriton Brands, Inc.  Project Facility:  Big Spring, Spring Township, Centre County, Pa.  Applications for consumptive use of up to 0.247 mgd (peak day) and an out-of-basin diversion of up to 0.247 mgd (peak day).

2. Project Sponsor:  Chester County Solid Waste Authority.  Project Facility:  Lanchester Landfill, Caernarvon and Salisbury Townships, Lancaster County, and Honey Brook Township, Chester County, Pa.  Applications for renewal with modification of consumptive use of up to 0.099 mgd (30-day average) and an out-of-basin diversion of up to 0.099 mgd (30-day average) (Docket No. 20100602).  Located in an Environmental Justice area.

3. Project Sponsor:  Columbia Water Company.  Project Facility:  East Donegal Division, East Donegal Township, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.324 mgd (30-day average) from Well 2 (Docket No. 19990702). 

4. Project Sponsor and Facility:  Expand Operating LLC (Susquehanna River), Great Bend Township, Susquehanna County, Pa.  Application for renewal with modification of surface water withdrawal of up to 3.500 mgd (peak day) (Docket No. 20241214). 

5. Project Sponsor and Facility:  Expand Operating LLC (Susquehanna River), Mehoopany Township, Wyoming County, Pa.  Application for renewal with modification of surface water withdrawal of up to 3.700 mgd (peak day) (Docket No. 20220602). 

6. Project Sponsor and Facility:  Fredericksburg Sewer and Water Authority, Bethel Township, Lebanon County, Pa.  Applications for groundwater withdrawals (30-day averages) of up to 0.158 mgd from Well 7 and 0.144 mgd from Well 8.

7. Project Sponsor and Facility:  New Holland Borough Authority, Earl Township, Lancaster County, Pa.  Application for renewal of groundwater withdrawal of up to 0.790 mgd (30-day average) from Well 3 (Docket No. 19950307).  Located in an Environmental Justice area.

8. Project Sponsor:  Penn-View, Inc.  Project Facility:  Wyncote Golf Club, Lower Oxford Township, Chester County, Pa.  Application for renewal with modification of consumptive use of up to 0.350 mgd (30-day average) (Docket No. 20000802). 

9. Project Sponsor:  Pixelle Specialty Solutions LLC.  Project Facility:  Spring Grove Mill (Codorus Creek), Spring Grove Borough and North Codorus and Jackson Townships, York County, Pa.  Modification to increase the maximum instantaneous withdrawal rate (Docket No. 20200912).

10. Project Sponsor and Facility:  Rausch Creek Generation, LLC, Frailey and Tremont Townships, Schuylkill County, Pa.  Applications for renewal of consumptive use of up to 0.930 mgd (peak day) and groundwater withdrawals (30-day averages) of up to 1.120 mgd from the Lykens Well and 1.120 mgd from the Westwood Well (Docket No. 19990301).  Located in an Environmental Justice area. 

11. Project Sponsor and Facility:  Stewartstown Borough Authority, Hopewell Township, York County, Pa.  Application for renewal of groundwater withdrawal of up to 0.058 mgd (30-day average) from Well 7 (Docket No. 19950306).

12. Project Sponsor and Facility:  Upper Halfmoon Water Company, Halfmoon Township, Centre County, Pa.  Application for renewal of groundwater withdrawal of up to 0.396 mgd (30-day average) from Well 5 (Docket No. 19930502). 

13. Project Sponsor:  Veolia Water Pennsylvania, Inc.  Project Facility:  Newberry Operation, Newberry Township, York County, Pa.  Application for renewal of groundwater withdrawal of up to 0.140 mgd (30-day average) from Conley 2 Well (Docket No. 19940708). 

14. Project Sponsor:  Village of Bath.  Project Facility:  Bath Electric, Gas and Water Systems, Town of Bath, Steuben County, N.Y.  Application for renewal of groundwater withdrawal of up to 0.840 mgd (30-day average) from Well 8 (Docket No. 19980105). 

15. Project Sponsor:  York Building Products Co., Inc.  Project Facility:  Bonnybrook Quarry, South Middleton Township, Cumberland County, Pa.  Application for consumptive use of up to 0.090 mgd (30-day average).

Commission-Initiated Project Approval Modification:

16. Project Sponsor:  Republic Services of Pennsylvania, LLC.  Project Facility:  Modern Landfill, Windsor and Lower Windsor Townships, York County, Pa.  Conforming the grandfathered amount with the forthcoming determination for consumptive use of up to 0.044 mgd (30-day average) (Docket No. 20160906). 

Projects Tabled:

1. Project Sponsor and Facility:  Knoebels Three Ponds, Inc., Ralpho Township, Northumberland County, Pa.  Application for consumptive use of up to 0.249 mgd (30-day average).

2. Project Sponsor:  Mott’s LLP.  Project Facility:  Aspers Plant, Menallen Township, Adams County, Pa.  Applications for renewal of groundwater withdrawals (30-day averages) of up to 0.181 mgd from Well 7, 0.165 mgd from Well 9, and 0.236 mgd from Well 10; renewal with modification to increase to 0.396 mgd from Well 11; and consumptive use of up to 0.990 mgd (peak day) (Docket Nos. 19940303 and 20010204). 

Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806, 807, and 808.

Dated: June 9, 2025

JASON E. OYLER
General Counsel and Secretary to the Commission

[25-13-15]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 24-WQC-0041

 

Dayl & Melissa Baile

22506 Hidden Acres Lane

Rock Hall, MD 21661

 

Add’l. Info:  Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 21-WQC-0003.

 

Location: 22506 Hidden Acres Lane near Rock Hall in Kent County

 

Description of Work:

Mechanically dredge a 57-foot long by 110 foot wide irregularly shaped area to a depth of 3.0 feet at mean low water, mechanically dredge a 1,115-foot long by 20-foot wide (spur) channel to a depth of 3.0 feet at mean low water; deposit approximately 1,831 cubic yards of dredged material on an approved upland disposal site located at 4944 Crosby Road, Rock hall 21661; 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 a 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: Matt Godbey at matt.godbey@maryland.gov or 410-901-4033.

[25-13-10]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 24-WQC-0043

 

Maryland Department of Transportation, State Highway Administration

Attn:  Ms. Nora Bucke

707 North Calvert Street

Baltimore, MD 21202

Add’l. Info:  Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of Water Quality Certification 24-WQC-0043.

Location: The project is located on US 219 from Garrett County, Maryland to Meyersdale, Pennsylvania. This Certification is only for the Maryland portion of the Project, located approximately from US 219 Old Salisbury Road in Grantsville, Garrett County, to the Pennsylvania state line.

The purpose of the realignment and dualization of US 219 is to complete Corridor N of the Appalachian Development Highway System, which will supplement the interstate system by connecting I-68 and the Pennsylvania Turnpike (I-76), connecting the project area portion of the Appalachia to the interstate system, and improving mobility for motorists and freight along US 219. The project consists of grading and filling to construct a four-lane divided limited-access highway with a grass median, bridging or culverting streams within the project corridor, constructing off-site mitigation, installing stormwater management facilities, relocating existing utilities, and using temporary erosion and sediment controls.

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: Emily Dolbin at Emily.Dolbin@maryland.gov or 410-537-3745.

[25-13-11]

 

WATER AND SCIENCE ADMINISTRATION

Water Quality Certification 25-WQC-0004

 

 

Somerset Board of County Commissioners 11916 Somerset Avenue, Room 111 Princess Anne, Maryland 21853

 

Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The Maryland Department of the Environment is providing notice of its issuance of a Water Quality Certification 25-WQC-0004.

 

Location: Northwest of the marina off of Wharf Road, in Tyler Creek, near Tylerton, Smith Island, Maryland

 

The purpose of the project is to improve navigable access and safety at the Tylerton Community Dock/Marina by:

1.      Construct a 160-foot long by 30-foot wide breakwater approximately 375 feet channelward of the mean high waterline as depicted on plans dated December 30, 2024.

 

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: Mary Phipps-Dickerson at mary.phipps-dickerson@maryland.gov or 443-509-0797.

[25-13-12]

 

MARYLAND HEALTH CARE COMMISSION

SCHEDULE FOR CERTIFICATE OF ONGOING PERFORMANCE REVIEWS

CARDIAC SURGERY SERVICES

 

The Maryland Health Care Commission provides the following schedule for the review of an application for a Certificate of Ongoing Performance of cardiac surgery services. 

 

The application must be submitted no later than the published due date and will only be received and reviewed in accordance with this published schedule.  The application should be submitted to MHCC’s sFTP space on or before the scheduled date of submission.  Please contact MHCC staff to set up an account to upload files to MHCC’s sFTP space, if an account has not already been set up for the person who will be submitting the application. For further information about the review schedules or procedures, contact Eileen Fleck, Chief, Acute Care Policy and Planning, at eileen.fleck@maryland.gov or 410-764-3287.

 

Percutaneous Coronary Intervention Services

Hospital	Application Submission Date
Suburban Hospital	September 5, 2025

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[25-13-09]