Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle
20 REVITALIZATION PROGRAMS
05.20.03 Seed Community Development Anchor
Institution Program
Authority: Housing and
Community Development Article, §4-509, Annotated Code of Maryland
Notice of Proposed
Action
[25-227-P]
The Secretary of Housing
and Community Development proposes to amend Regulations .02—.04
under COMAR 05.20.03 Seed Community Development Anchor Institution Program.
Statement of Purpose
The purpose of this action
is to amend policies and procedures for program administration under the Seed
Community Development Anchor Institution Program.
Estimate of Economic Impact
I. Summary of Economic Impact. The Seed Community
Development Anchor Institution Program under Housing and Community Development
Article, §4-509, Annotated Code of Maryland, provides grants and loans to
anchor institutions for community development projects located in sustainable
communities and blighted areas of the state. The proposed amended regulations
conform with changes in the program under Senate Bill 418, passed in the 2024
legislative session. The amended regulations expand geographic targeting to
include designated Sustainable Community areas of the State, consistent with
other State of Maryland Revitalization Programs; expand the definition of
eligible applicants to include hospital and university affiliates and
subsidiaries to ease administration for applicants; and expand the definition
of matching funds to allow state and federal matching funds, in addition to
private sources.
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:
|
|
|
|
Local Governments
|
(R+)
|
Indeterminable
|
|
|
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:
|
|
|
|
Public
|
(+)
|
Indeterminable
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
C. Local governments may benefit from increased revenue associated
with grants and loans to projects in designated sustainable communities. The
magnitude of the benefit cannot be determined.
F. The public will benefit from increased economic activity and
revenue associated with adaptive reuse of vacant or underutilized State or
federal facilities. The magnitude of the benefit cannot be determined.
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 John Papagni, Program Officer, Division of
Neighborhood Revitalization, Department of Housing and Community Development,
7800 Harkins Road, Lanham, MD 20706, or call 301-429-7670, or email to
[email protected]. Comments will be accepted through December 1, 2025.
A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Anchor institution” means:
(a) An institution of higher education in the State, including departments, foundations, and
other entities of the institution; or
(b) A hospital institution in the State, including
departments, foundations, and other entities of the institution that:
(i)—(iii) (text unchanged)
(3)—(7) (text unchanged)
(8) “Matching funds” means funds [from a private source]
that are contributed to the project in an amount that equals the amount of
financial assistance received from the Fund.
(9)—(12) (text unchanged)
(13) “Sustainable community” means an area designated as a
sustainable community under Housing and Community Development Article, §6–205,
Annotated Code of Maryland.
.03 Eligible Applicants and Uses.
A. (text unchanged)
B. Financial assistance may be used for any costs and expenses
related to community development projects in sustainable communities or
in blighted areas of the State.
C. (text unchanged)
.04 Application Requirements.
A. (text unchanged)
B. An application submitted to the Department shall:
(1)—(2) (text unchanged)
(3) Be for a project that is located within a sustainable
community or within a blighted area;
(4)—(6) (text unchanged)
(7) Propose benchmarks for evaluating whether the proposed project
results in a desired outcome for the sustainable community or blighted
area, such as community stabilization or reversing economic, social, and
physical decline of the community in which the project is located;
(8)—(13) (text unchanged)
C.—D. (text unchanged)
JACOB DAY
Secretary
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle
15 STATE BOARD OF HEATING, VENTILATION, AIR-CONDITIONING, AND REFRIGERATION
CONTRACTORS
09.15.02 General Regulations
Authority: Business
Regulation Article, §§9A-205(a)(1), 9A-311 and 9A-501.1, Annotated Code of
Maryland
Notice of Proposed
Action
[25-221-P]
The State Board of
Heating, Ventilation, Air-conditioning, and Refrigeration Contractors proposes
to adopt new Regulation .11 under COMAR 09.15.02 General Regulations.
This action was considered at a public meeting of the State Board of Heating,
Ventilation, Air-conditioning, and Refrigeration Contractors held on July 9,
2025, notice of which was given by posting on the State Board of Heating,
Ventilation, Air-conditioning, and Refrigeration Contractors' website, pursuant
to General Provisions Article, §3-302(c)(3)(ii), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action
is to establish and clarify by regulation potential administrative action
required by legislation enacted in 2025 by Business Regulation Article,
§9A-501.1, Annotated Code of Maryland.
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 Charles Marquette, Executive Director of
Mechanical Licensing, Maryland Department of Labor, 100. S. Charles Street,
Tower 1, Suite 3300, Baltimore, MD 21201, or call 410-230-6160, or email to
[email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by State Board of
Heating, Ventilation, Air-conditioning, and Refrigeration Contractors during a
public meeting to be held on December 10, 2025 at 10:30 a.m., at the Maryland
Department of Labor, 100 S. Charles Street, Tower 1, Suite 3300, Baltimore, MD
21202.
.11 Violations of Business Regulation Article, §9A-501.1,
Annotated Code of Maryland.
A. The Board may seek
regulatory action against an individual who violates Business Regulation
Article, §9A-501.1, Annotated Code of Maryland.
B. Such adjudication shall
proceed in manner set forth in Business Regulation Article, §9A-311, Annotated
Code of Maryland.
WINFIELD JONES
Chairman
Subtitle 42 FAMILY AND MEDICAL LEAVE
INSURANCE PROGRAM
09.42.04 Claims
Authority: Labor and Employment Article, §§8.3-101, 403, 701,
702, and 902, et seq., Annotated Code of Maryland
Notice of Proposed Action
[25-198-P]
The Family and Medical Leave Insurance Division of the Maryland
Department of Labor proposes to adopt new Regulations .01—.12 under a
new chapter, COMAR 09.42.04 Claims, under a new subtitle, Subtitle 42
Family and Medical Leave Insurance Program.
At this time the Department of Labor is
withdrawing a previously proposed action to this chapter which was published in
51:21 Md. R. 937—942 (October 18, 2024).
Statement of Purpose
The purpose of this action is to detail the procedures applicable
to the State plan and self and commercially insured private plans for claim
submittal, review, and decision.
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 Regan Vaughan, Chief of Policy &
Public Affairs, Family and Medical Leave Insurance Division of the Maryland
Department of Labor, 100 S. Charles Street, Tower One, Suite 10000, Baltimore,
MD 21201, or call 410-230-6071, or email to [email protected]. Comments
will be accepted through December 1, 2025. A public hearing has not been
scheduled.
.01 General.
Unless expressly provided otherwise, all requirements in this chapter
apply to EPIPs.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Alternative FAMLI
purpose leave (AFPL)” means employer-provided leave specifically designated as
a separate bank of time off for medical leave, family leave, qualified exigency
leave, or under a disability policy and that is not leave provided under an
EPIP.
(2) “Claim application” means a claimant’s submission to the
Division or an EPIP for FAMLI leave and benefits.
(3) “Claimant’s average weekly wage” means the amount calculated
in Regulation .06 of this chapter.
(4) “Complete claim
application” means an application submitted by a claimant with all required
supporting documentation, including the response from an employer and any
investigation, under Regulation .04 of this chapter.
(5) “Fraud” means a misrepresentation or concealment of a
material fact made by a claimant which induces the State plan or an EPIP to
provide benefits when the claimant would have otherwise not qualified.
(6) “General purpose leave” means employer-provided paid leave,
such as general paid time off, personal leave, vacation leave, or sick leave,
that is not AFPL or leave provided under an EPIP.
(7) “Good cause” means a demonstration by a claimant that a
failure to file a complete claim application was due to:
(a) A serious health condition that resulted in an unanticipated
and prolonged period of incapacity and that prevented an individual from filing
a claim in a timely manner;
(b) A demonstrated inability to reasonably access a means to
file a claim in a timely manner, such as due to a natural disaster, power
outage, or a significant and prolonged Department system outage; or
(c) A demonstrated failure of the employer to provide the
notification required under this subtitle to the claimant.
(8) “Recipient” means a claimant whose application for FAMLI
leave and benefits has been approved and is receiving benefits.
(9) “State average weekly wage” means the wage calculated under
Labor and Employment Article, §9-603, Annotated Code of Maryland.
(10) “Weekly benefit amount” means the total weekly dollar
amount provided to a recipient by the State plan or EPIP.
.03 Qualifying Events.
A. Childcare or bonding is a qualifying event in the following
circumstances:
(1) To care for or bond with a child of the claimant during the
first 12 months after the child’s birth; or
(2) During the process through which a child is being placed
with the claimant through foster care, kinship care, or adoption and to care
for or bond with the child during the first 12 months after the placement.
B. Caring for a family member with a serious health condition is
a qualifying event.
C. The diagnosis, occurrence, or tending to of one’s own serious
health condition is a qualifying event.
D. Caring for a service member with a serious health condition
is a qualifying event if:
(1) The claimant is the service member’s next of kin; and
(2) The serious health
condition resulted from, or was exacerbated by, uniformed service.
E. A qualifying exigency arising out of the deployment of a
service member who is a family member of the claimant is a qualifying event.
.04 Application Process.
A. Eligibility. A covered individual experiencing a qualifying
event is eligible to receive FAMLI benefits if they file a claim application
within 60 days of taking leave that would qualify as FAMLI leave.
(1) The 60 day filing deadline shall be waived for good cause,
up to 1 year from the leave commencing.
(2) On or after the date on which applications for benefits may
be submitted to the Division, applications may be accepted up to 60 days before
the first day of FAMLI leave requested.
(3) A covered individual shall file their application with their
employer’s plan.
B. Required Documentation.
(1) A claimant shall provide personal identifying information as
required by the Division.
(2) A claimant applying for uniformed services caregiving leave
shall provide documentation from the United States government establishing that
the service member is a member or veteran of the uniformed services as defined
in in 37 U.S.C. § 101, including a member of the National Guard or Reserves;
(3) A claimant shall provide
information regarding the employer from which they intend to take FAMLI leave
as required by the Division.
(4) A claimant seeking FAMLI leave for bonding or to care for
another shall provide any of the following as proof of relationship:
(a) An affidavit signed by the claimant attesting to qualifying
relationships as provided by the Division;
(b) Copies of official orders, certifications, or registrations
from a government entity; or
(c) Copies of documentation
from licensed foster care and/or adoption providers.
(5) Certification of Qualifying Event.
(a) Care or Bonding with a Child. An application for FAMLI leave
to care for or bond with a child of the claimant shall include:
(i) A certification of live birth;
(ii) Documentation of placement from a licensed child placement
agency or government agency responsible for child placement, and documentation
of any court appearances, appointments, or travel in anticipation of placement,
if applicable, including a court order or an affidavit of an informal kinship
care arrangement; or
(iii) Other reasonable documentation determined by the Division.
(b) Family Member’s Serious
Health Condition. An application for FAMLI leave to care for a family member
with a serious health condition, shall include a complete certification form,
approved by the Division, from a licensed health care provider, establishing:
(i) The first date on which the covered individual took or
intends to take FAMLI leave from employment and whether the FAMLI leave will or
is intended to be taken for a continuous period of time or intermittently;
(ii) Date of diagnosis;
(iii) The date on which the serious health condition of the
family member commenced;
(iv) The probable duration of the serious health condition;
(v) The appropriate facts related to the serious health
condition within the knowledge of the licensed health care provider;
(vi) A statement that the covered individual needs to care for a
family member and an estimate of the amount of time required to provide the
care; and
(vii) If intermittent FAMLI leave is requested, the expected
frequency and duration of the intermittent FAMLI leave.
(c) Own Serious Health Condition. An application for FAMLI leave
for one’s own serious health condition, shall include a complete certification
form, approved by the Division, from a licensed health care provider,
establishing:
(i) The first date on which the covered individual took or
intends to take FAMLI leave from employment and whether the FAMLI leave will or
is intended to be taken for a continuous period of time or intermittently;
(ii) The date on which the serious health condition of the
covered individual commenced;
(iii) Treatment dates;
(iv) Period of incapacity;
(v) The probable duration of
the serious health condition;
(vi) The appropriate facts related to the serious health
condition within the knowledge of the licensed health care provider;
(vii) A statement that the covered individual is unable to
perform the functions of the covered individual’s position; and
(viii) If intermittent FAMLI leave is requested, the expected
frequency and duration of the intermittent FAMLI leave.
(d) Uniformed Services Caregiving. An application for FAMLI
leave to care for a service member for whom the claimant is next of kin with a
serious health condition, shall include a complete certification form, approved
by the Division, from a licensed health care provider, establishing:
(i) That the serious health condition was caused, or exacerbated
by, uniformed service;
(ii) The first date on which the covered individual took or
intends to take FAMLI leave from employment and whether the FAMLI leave will or
is intended to be taken for a continuous period of time or intermittently;
(iii) The date on which the serious health condition of the
service member commenced or was exacerbated;
(iv) The probable duration of
the serious health condition;
(v) The appropriate facts related to the serious health
condition within the knowledge of the licensed health care provider; and
(vi) If intermittent FAMLI
leave is requested, a statement that the covered individual needs to care for a
service member and the expected frequency and duration of the intermittent
FAMLI leave.
(e) Qualified Exigency. An application for FAMLI leave for a
qualifying exigency arising out of the deployment of a service member who is a
family member, shall include a copy of the family member’s active duty orders
or other documentation issued by the uniformed services that indicates that the
service member is on covered active duty or call to covered active duty status,
and the dates of the service member’s covered active duty service.
(6) Attestations. The Division may require claimants to attest
that information provided in their applications is true to the best of their
knowledge and that there are no disqualifying criteria.
(7) Employer Response to Claim Application.
(a) An employer shall have 5 business days to respond to notice
from the Division or an EPIP of an employee’s submitted claim application.
(b) At the conclusion of the 5 business day period in §B(7)(a)
of this regulation, if there is no employer response, the claim application is
considered a complete claim application.
(c) At the conclusion of the 5 business day period in §B(7)(a)
of this regulation, if the employer has challenged the claimant’s eligibility,
the Division or EPIP shall investigate which may include a request for a
response from the claimant.
(d) At the conclusion of the investigation in §B(7)(c) of this
regulation, the claim application is considered a complete claim application.
(e) The Division may request supplemental data from the employer
together with the notice in §B(7)(a) of this regulation.
(f) If the Division makes a request pursuant to §B(7)(e) of this
regulation, and there is no employer response within the 5 business day period
in §B(7)(a) of this regulation, the Division may proceed with estimation under
COMAR 09.42.02.09C.
(g) If benefits are approved and issued and job and
anti-retaliation protections have thus attached and an employer provides a
response after the time period provided in §B(7)(a) of this regulation, the
response may still be considered and if the information negates the recipient’s
eligibility:
(i) The recipient is still entitled to the benefits received;
(ii) Continuation of benefits will cease; and
(iii) Job and anti-retaliation protections apply for the time
period from approval of benefits to revocation of benefits.
(h) If FAMLI leave has been retroactively approved and
additional information as described in §B(7)(e) of this regulation has been
provided then any benefits issued shall be considered an overpayment and job
and anti-retaliation protections may not apply.
C. Updating a Claim Application.
(1) This provision applies to applications a claimant may need
to update as well as the incomplete application notification requirements in
Labor and Employment Article, §8.3-703, Annotated Code of Maryland.
(2) A claim shall be updated within 10 days, or as soon as
practicable with good cause shown, of any changes to the following information
provided on an application:
(a) Basis for leave;
(b) Start date of leave;
(c) Duration of leave;
(d) End date of leave; or
(e) Whether the claimant has begun to receive Workers’
Compensation or Unemployment Insurance benefits.
(3) Failure to update a claim with any changes to the
information provided on an application for benefits may result in a delay,
underpayment, overpayment, or denial of benefits.
D. Cancelation of a Claim.
(1) If a claimant no longer requires FAMLI benefits, their
application may be withdrawn.
(2) If the FAMLI leave period has already commenced, the total
amount of FAMLI leave actually taken, not the total amount applied for, will be
assessed against the claimant’s FAMLI leave balance for the application year.
.05 Determination of Length of FAMLI Leave.
A. General.
(1) Except as outlined in §A(2) of this regulation, any claimant
may receive up to 12 weeks of FAMLI benefits and leave per employer per
application year.
(2) A claimant may receive an additional 12 weeks of FAMLI
benefits and leave if the claimant during the same application year:
(a) Received medical leave and becomes eligible for bonding
leave; or
(b) Received bonding leave and becomes eligible for medical
leave.
(3) For each claim, a claimant may be approved for the lesser
of:
(a) 12 weeks;
(b) The remaining FAMLI leave balance for the claimant for the
application year;
(c) The amount requested; or
(d) If applicable, the amount supported by any required
documentation.
B. Family Leave.
(1) Bonding Leave.
(a) Birth of a Child. Any claimant seeking leave for bonding
with a child may apply for up to 12 weeks of FAMLI leave within the first 12
months beginning on the date of the birth.
(b) Adoption, Foster Care, or Kinship Care.
(i) Any claimant seeking leave for bonding with a child placed
through adoption, fostering, or kinship care may apply for up to 12 weeks of
FAMLI leave within 12 months of the placement.
(ii) FAMLI leave may also be used in anticipation of placement
for court appearances, legal appointments, placement agency appointments,
counseling appointments, medical appointments, and travel, provided they are
substantiated by documentation required.
(2) Caring for a Family Member.
(a) A claimant seeking leave to care for a family member may
apply for up to 12 weeks of FAMLI leave provided documentation from a licensed
health care provider substantiating the time period requested is submitted with
the application.
(b) Death of Family Member. If the covered individual is on
approved FAMLI leave and the person they are caring for dies, the reason for
that leave has ended.
(i) Benefits shall continue to be paid to the covered individual
until 7 days after the death of the family member or the previously approved
end date for the leave, whichever date is soonest.
(ii) The covered individual shall provide notice of the date of
death of the family member for whom the covered individual was caring within 72
hours of the person’s passing.
(3) Uniformed Services Caregiving. A claimant seeking leave to
care for a service member may apply for up to 12 weeks of FAMLI leave provided
documentation from a licensed health care provider substantiating the time
period requested is submitted with the application.
C. Medical Leave. A claimant seeking leave for their own serious
health condition may apply for up to 12 weeks of FAMLI leave provided
documentation from a licensed health care provider substantiating the time
period requested is submitted with the application.
D. Qualified Exigency Leave. A claimant seeking leave for a
qualifying exigency may apply for up to 12 weeks of FAMLI leave provided
documentation outlined in COMAR 09.42.04.04(B)(5)(e) substantiating the time
period requested is submitted with the application.
.06 FAMLI Benefit Calculation.
A. Claimant Average Weekly Wage.
(1) A claimant’s average weekly wage shall be calculated by
dividing the wages earned from the employer from whom the claimant is taking
FAMLI leave over the highest of the previous 4 completed calendar quarters for
which quarterly reports have been required prior to the anchor date by 13.
(2) If the Division does not have completed wage and hour
reports for at least 2 quarters for an employed claimant with the employer from
which they have requested leave, the Division will use the highest quarter of
the most recent 4 quarters the claimant worked for any employer to calculate
the employed claimant’s average weekly wage.
B. Continuous FAMLI Leave Benefit Calculation.
(1) If the claimant’s average weekly wage is 65 percent or less
of the State average weekly wage, benefits will be 90 percent of the claimant’s
average weekly wage; or, if the claimant’s average weekly wage is greater than
65 percent of the State average weekly wage, benefits will be the sum of:
(a) 90 percent of the claimant’s average weekly wage up to 65
percent of the State average weekly wage; and
(b) 50 percent of the claimant’s average weekly wage that is
greater than 65 percent of the State average weekly wage up to the maximum
weekly benefit amount.
(2) The benefit amount shall be calculated using the State
average weekly wage and maximum weekly benefit amount in effect at the time the
approved leave begins and that amount shall be set for the duration of the
claim.
C. Intermittent FAMLI Leave Hours Calculation. For an
intermittent leave claim, one week of benefits equals the quotient of the
number of hours worked during the highest earning quarter of the previous 4
completed calendar quarters for which quarterly reports have been required
prior to the anchor date divided by 13.
D. Intermittent FAMLI Leave Benefit Calculation.
(1) For intermittent FAMLI leave an hourly benefit amount will
be calculated by dividing the weekly benefit amount by the average number of
hours worked per week during the highest earning of the previous 4 completed
calendar quarters for which quarterly reports have been required prior to the
anchor date.
(2) The benefit amount to be disbursed will be calculated by
multiplying the hourly benefit amount by the number of hours of intermittent
FAMLI leave taken in a week.
(3) The benefit amount shall be calculated using the State
average weekly wage and maximum weekly benefit amount in effect on the anchor
date.
(4) On or before the first day of January the benefit amount of
every open and active claim for intermittent leave shall be readjusted based on
the new maximum weekly benefit amount.
.07 Intermittent FAMLI Leave Benefit Request Process.
A. Claimants approved for intermittent FAMLI leave shall submit
requests for benefits within 5 business days of leave being taken unless good
cause can be shown.
B. Intermittent FAMLI leave shall not be taken for less than 4
hours unless the claimant’s scheduled shift was fewer than 4 hours.
C. Benefits will not be issued for requests that significantly
exceed the expected duration and frequency listed on the medical certification
without an updated certification.
D. Approved intermittent leave applications expire after one
year.
E. If a claimant requires additional FAMLI leave for the
qualifying event subject to the expiration period identified in §D of this
regulation, the employee will have to submit a new claim application.
.08 Notice Requirements.
A. Employer to Employee.
(1) An employer shall give an employee notice about FAMLI leave
and benefits in the following circumstances:
(a) 6 months prior to the commencement of benefits, either
through an EPIP or with the State plan;
(b) At hire;
(c) Annually;
(d) 30 days before any changes to the employer’s FAMLI
procedures or plan go into effect; and
(e) When the employer knows that an employee’s leave or leave
request may be eligible for FAMLI.
(2) The Division will publish prescribed forms and templates for
employer use under COMAR 09.42.01.03.
(3) If the employer collects an electronic or physical
acknowledgement of receipt by the claimant (such as an electronic or wet
signature) of the notice, the claimant is considered notified.
B. Employee to Employer.
(1) FAMLI Leave.
(a) Foreseeable FAMLI Leave. If the need for FAMLI leave is
foreseeable, an employee shall provide 30 days notice to an employer.
(b) Unforeseeable FAMLI Leave. If an employee did not or could
not have known about the need for FAMLI leave 30 days before the FAMLI leave
commencement date, the employee shall be required to provide notice as soon as
practicable of the need for FAMLI leave to their employer.
(c) An employer may waive the notice requirement.
(d) An employer is deemed to have waived the notice requirement
under §B(1)(a) of this regulation if the employer:
(i) Did not invoke it when notified of the claim by the Division
or the EPIP; or
(ii) Failed to notify the claimant that the employer requires
notice under §B(1)(a) of this regulation.
(2) Intermittent FAMLI Leave.
(a) If FAMLI leave is to be taken on an intermittent schedule,
the employee shall:
(i) Make a reasonable effort to schedule the intermittent FAMLI
leave in a manner that does not cause significant difficulty or expense in
relation to the resources and specific operations of the employer’s operations;
and
(ii) Provide the employer with reasonable and practicable prior
notice of the reason, dates, and duration for which intermittent FAMLI leave is
necessary.
(b) Notice of Intermittent Leave Schedule.
(i) A recipient who is approved for intermittent FAMLI leave who
fails to provide reasonable and practicable prior notice to their employer of
the intermittent leave schedule may be subject to the employer’s established
absence policy.
(ii) An employer, whether enrolled in the State plan or an EPIP,
shall notify the Division when a recipient approved for intermittent FAMLI
leave fails to provide the notice detailed in §B(2)(a) of this regulation
before the employer takes action against the employee under the employer’s
established absence policy.
(iii) If a recipient’s utilization of intermittent FAMLI leave
is inconsistent with the FAMLI leave approval, it may not be considered
retaliation for an employer to request additional information related to the
use of FAMLI leave.
C. State Plan or EPIP to Claimant. Claimants shall be provided
notice in the following circumstances:
(1) When a claimant’s application is submitted.
(2) When an incomplete application is submitted, within 5
business days of application submission.
(3) When a notice is sent to the claimant’s employer
(confidentiality restrictions).
(4) When their employer’s response is submitted.
(5) Whether their application is approved, within 10 business
days of complete claim application submission including:
(a) Benefit amount;
(b) FAMLI benefits beginning date;
(c) FAMLI leave period beginning date;
(d) FAMLI benefits ending date;
(e) FAMLI leave period ending date;
(f) Duration and frequency of intermittent FAMLI leave (if
applied for); and
(g) The claimant’s appeal rights.
(6) Whether their application is denied (in full or in part)
within 10 business days of complete claim application submission and the notice
shall:
(a) State concisely and simply:
(i) The reasons for denial;
(ii) The claimant’s appeal rights;
(iii) The facts that are asserted; or
(iv) If the facts cannot be stated in detail when the notice is
given, the issues that are involved;
(b) State the pertinent statutory and regulatory sections under
which the action was taken;
(c) State that the party receiving the notice has the
opportunity to request a reconsideration, including:
(i) What, if anything, a person must do to receive a
reconsideration; and
(ii) All relevant time requirements; and
(d) State the direct consequences, if any, or remedy of the
party receiving the notice’s failure to exercise in a timely manner the
opportunity for a reconsideration.
D. State Plan or EPIP to Employer. An employer shall be provided
notice of any of the following circumstances occurring:
(1) An employee files an application;
(2) An employee files a complete claim application;
(3) A determination regarding a claim for benefits is made;
(4) A reconsideration or an appeal of a determination regarding
a claim for benefits is filed; or
(5) A change is made to a determination regarding a claim for
benefits.
.09 Coordination of Benefits.
A. FMLA. An employee’s annual maximum duration of FAMLI leave
may be reduced by the employee’s use of FMLA if:
(1) The employee’s FMLA leave was also eligible for FAMLI;
(2) The employer notified the employee of their potential
eligibility for FAMLI when the employee took FMLA; and
(3) The employee did not apply for FAMLI leave.
B. Employer-Provided Leave.
(1) Alternative FAMLI Purpose Leave (AFPL).
(a) An employer may require an employee to use AFPL concurrently
or in coordination with FAMLI provided the AFPL is:
(i) Specifically designed to fulfill a purpose of FAMLI;
(ii) Paid;
(iii) Not accrued;
(iv) Not subject to repayment if the employee leaves their
position;
(v) Not available for general purposes; and
(vi) Available without a requirement to exhaust another form of
leave.
(b) If an employer chooses to require an employee to use AFPL
concurrently or in coordination with FAMLI leave, the employer shall provide
advanced written notice to its employees of this requirement.
(c) When an employer requires concurrent or coordinated usage of
AFPL and FAMLI and has satisfied the written notice requirement, and the
employee declines to apply for FAMLI benefits, the employee’s FAMLI eligibility
is reduced by the amount of AFPL time taken.
(d) If a recipient receives wage replacement from both FAMLI and
AFPL concurrently, the FAMLI benefit is primary and the AFPL benefit may be
used to supplement the recipient’s wage to equal no more than 100 percent of
the recipient’s average weekly
wage.
(e) An employer may deduct the full amount of time taken under
both forms of leave from the recipient’s AFPL balance even if the recipient
only received partial wage replacement from the AFPL.
(f) An employee’s decision to use AFPL concurrently or in
coordination with FAMLI does not negate the job protection or retaliation
provisions of Labor and Employment Article, §§8.3-706 and 904, Annotated Code
of Maryland.
(2) General Purpose Leave.
(a) Neither the employee nor the employer may require the
substitution of general purpose leave for FAMLI leave.
(b) An employer and an employee may agree to have general
purpose leave wages supplement FAMLI benefits, up to 100 percent of the
employee’s average weekly wage.
(c) If general purpose leave is used to supplement FAMLI
benefits, the employer may:
(i) Convert the dollar amount of the supplement into the
corresponding number of employer-provided general purpose leave hours; and
(ii) Subtract those hours from the employee’s balance of accrued
and unused employer-provided general purpose leave.
(d) Documentation of use of general purpose leave.
(i) The use of employer-provided general purpose leave to
supplement FAMLI benefits requires mutual agreement in writing between the
employer and the employee.
(ii) If either the employer or the employee does not so mutually
agree, employer-provided general purpose leave may not be used to supplement
FAMLI benefits.
(iii) Any agreement under §B(2)(d)(ii) of this regulation shall
be documented and retained by the employer.
(e) Mutual agreement between the employer and the employee is
not necessary in order for an employee to use paid sick leave prior to
receiving FAMLI leave benefits.
C. Workers’ Compensation and Unemployment Benefits.
(1) Under Labor and Employment Article, §8.3-702(e), Annotated
Code of Maryland, an individual receiving Unemployment Insurance benefits from
the State may not be eligible for FAMLI benefits.
(2) Except in the case of benefits for a permanent partial
disability, under Labor and Employment Article, §8.3-702(e), Annotated Code of
Maryland, an individual receiving Workers’ Compensation wage replacement
benefits may not be eligible for FAMLI benefits.
.10 Benefit Payment Process.
A. Payment Schedule.
(1) The first payment to a recipient shall be within 5 business
days after the complete claim application is approved or the FAMLI leave has
started, whichever is later.
(2) Subsequent benefit payments to recipients shall be made at
least every 2 weeks until the benefit period ends.
(3) In the event the recipient provides incorrect or erroneous
payment information, additional time will be required for payment to be issued
or reissued.
B. Overpayment.
(1) On learning of overpayment of benefits, written notice will
be sent to the recipient, including that:
(a) Repayment of the overpayment is being sought; or
(b) A waiver of the repayment is being offered.
(2) In cases of seeking repayment, the recipient shall have 30
days to reply to the notice as follows:
(a) The recipient agrees to repay; or
(b) The recipient requests a waiver under §B(4) of this
regulation.
(3) Repayment. Repayment of benefits may be sought from an
individual who received benefits under this subtitle if:
(a) Benefits were paid erroneously or as a result of willful
misrepresentation by the recipient; or
(b) A claim for benefits under this subtitle is rejected after
the benefits were paid.
(4) Waiver. Repayment of benefits may be waived if:
(a) The error in payment was not due to any knowingly false
statement, nondisclosure of material fact, or misrepresentation by a covered
individual; or
(b) The repayment would be against equity and good conscience or
administrative efficiency.
(5) Denial of waiver. If a recipient requests a waiver and the
request is denied, the recipient may file a request for reconsideration.
(6) If an EPIP seeks monetary reimbursement of an overpayment of
benefits, the EPIP administrator shall notify the Division of its intent to
seek reimbursement simultaneously with its notice to the recipient.
(7) If a recipient’s employer has terminated enrollment in the
State plan and enrolled in an EPIP, any recipient who filed a valid claim for
benefits under the State plan before the effective date of the employer’s EPIP
enrollment shall be paid or continue to be paid benefits from and under the
terms of the State plan until the total amount of the benefit claim is paid,
the duration of leave ends, or the application year ends, whichever occurs
first.
.11 Finding of Fraud After Benefit Approval.
If benefits are approved and issued and job and anti-retaliation
protections have thus attached, and then fraud is proven:
A. Any benefits issued will be treated as an overpayment; and
B. Job and anti-retaliation protections will not apply.
.12 Special EPIP Provisions.
A. To the extent the claim procedures, including timelines and
good cause, outlined in this chapter are more restrictive with respect to
claimants than those claim procedures outlined by the Administration, the
Administration’s procedures shall control.
B. To the extent the claim procedures, including notice
requirements and good cause, outlined in this chapter are less restrictive with
respect to employers and carriers than those claim procedures outlined by the
Administration, the Administration’s procedures shall control.
PORTIA WU
Secretary of Labor
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 07 HOSPITALS
10.07.01 Acute General
Hospitals and Special Hospitals
Authority: Health-General Article, §§19-2602 and 20-2002,
Annotated Code of Maryland
Notice of Proposed Action
[25-228-P]
The Secretary of Health proposes to amend Regulation .01
and adopt new Regulations .38 and .39 under COMAR 10.07.01
Acute General Hospitals and Special Hospitals.
Statement of Purpose
The purpose of this action is to add new regulations to COMAR
10.07.01 to reflect Health-General Article, §§19-2601, 19-2602, and 20-2001,
Annotated Code of Maryland. These changes are the result of HB1251
(2025)—Hospitals and Medical Professional Liability Insurers—Obstetric Services
Policies (Doula and Birth Policy Transparency Act) and SB111 (2021)—Health Care
Facilities—Dialysis Treatment Services—Training (David Selby Dialysis Parity
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 an impact on individuals with disabilities
as follows:
The proposed action will provide additional protection for
individuals with disabilities that require dialysis services. Additionally,
this proposal will allow for individuals with disabilities who are birthing
parents to allow the services of a doula in accordance with HB1251 (2025) -
Hospitals and Medical Professional Liability Insurers - Obstetric Services
Policies (Doula and Birth Policy Transparency Act).
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(13) (text unchanged)
(14) “Doula” means a nonmedical professional who provides
continuous physical, emotional, and informational support to the birthing
parent throughout the prenatal, labor, and postpartum periods.
[(14)] (15)—[(31)] (32) (text
unchanged)
(33) “Significant medical intervention” has the meaning stated
in Health-General Article, §19-2601, Annotated Code of Maryland.
[(32)] (34)—[(37)] (39) (text
unchanged)
.38 Policies for Hospitals Providing Obstetric Care.
A. Pursuant to the requirements in Health-General Article,
§§19-2601 and 19-2602, Annotated Code of Maryland, a hospital that provides
obstetrical services shall adopt policies on:
(1) Doulas, which at a minimum, allows every birthing parent to
have at least one doula present during birth in addition to authorized guests;
(2) Informed consent for significant medical interventions,
including but not limited to, cesarean section, induction of labor,
augmentation of labor, operative vaginal delivery, or episiotomy, for the
birthing parent; and
(3) Transfer acceptance, that includes at a minimum, the
hospital's process for receiving:
(a) A patient from a health care practitioner regulated under
Health Occupations Article, Title 8, Annotated Code of Maryland who had
provided services to a birthing parent in a home birth setting;
(b) A birthing parent's or newborn's medical information from
the home birth provider; and
(c) A transfer from a licensed direct-entry midwife that is
consistent with the requirements of Health Occupations Article, §8–6C–08,
Annotated Code of Maryland.
B. Hospitals that provide obstetrical services shall provide
evidence of the policies required in §A of this regulation, to the Department
in an electronic format and in the manner specified by the Office of Health
Care Quality:
(1) By January 1, 2026; and
(2) Upon any updates to a policy required by §A of this
regulation.
C. Hospital obstetric policies provided to the Department in
accordance with §B of this regulation are available to the public upon request
in accordance with General Provisions Article, Title 4, Annotated Code of
Maryland.
D. Enforcement of §§A and B of this regulation shall be in
accordance with the Department’s complaint investigation process detailed in
Regulation .08 of this chapter.
.39 Hospitals Providing Dialysis Care.
A. Pursuant to the requirements of Health-General Article,
§20–2002, Annotated Code of Maryland, a hospital that provides dialysis
services may not provide peritoneal dialysis or hemodialysis treatment services
unless the individual performing the dialysis procedure, including direct
employees and contracted staff, has received training in the peritoneal or
hemodialysis technique being performed.
B. Penalties.
(1) The Secretary may impose a penalty not exceeding $5,000 per
violation on any licensee that violates this regulation.
(2) In determining the amount of the penalty, the Secretary
shall consider:
(a) The hospital's history of previous violations;
(b) The seriousness of the violation;
(c) Whether the hospital demonstrated good faith in attempting
to comply with this regulation; and
(d) Whether the violation threatened the health or safety of:
(i) A patient; or
(ii) The public.
MEENA SESHAMANI, MD, PhD
Secretary of Health
Notice of Proposed Action
[25-207-P]
The Secretary of Health proposes to:
(1) Amend Regulations .02 and .03 under COMAR
10.13.04 Emergency Use Epinephrine Program; and
(2) Amend Regulations .02, .06, and .15 under COMAR
10.16.07 Health and Medication Requirements for Youth Camps.
Statement of Purpose
The purpose of this action is to adopt regulations altering the
defined term “auto–injectable epinephrine” to be “emergency use epinephrine” to
include non-needle epinephrine delivery products approved by the Food and Drug
Administration (FDA) for youth camps and eligible institutions of higher
education pursuant to HB 420 and SB 459 (2025).
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
Subtitle 13 DRUGS
10.13.04 Emergency Use [Auto-Injectable] Epinephrine Program
Authority: Health-General Article, §§2-104 and 13-7A-03, Annotated
Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Agent” means an individual who:
(a)—(b) (text unchanged)
(c) Is designated in writing by a certificate holder to administer [auto-injectable]
emergency use epinephrine in an emergency situation.
(3)—(4) (text unchanged)
[(5) “Auto-injectable epinephrine” means a portable,
disposable drug delivery device that contains a premeasured single dose
of epinephrine that is used to treat anaphylaxis in an emergency situation.]
[(6)] (5) “Certificate for emergency
epinephrine” means a certificate issued by the Maryland Department of Health to
an individual employed or designated by a participating facility to obtain,
store, and administer [auto-injectable] emergency use
epinephrine.
[(7)] (6) “Certificate holder” means an
individual who is authorized by the Maryland Department of Health to obtain,
store, and administer [auto-injectable] emergency use
epinephrine to be used in an emergency situation.
[(8)] (7)—[(9)] (8) (text
unchanged)
(9) “Emergency use epinephrine” means a portable, disposable
drug delivery device or product approved by the federal Food and Drug
Administration that contains a premeasured single dose of epinephrine that is
used to treat anaphylaxis in an emergency situation.
(10)—(13) (text unchanged)
.03 Emergency Epinephrine.
A. (text unchanged)
B. The applicant shall submit to the Department with the form
required in §A of this regulation a written policy that includes:
(1)—(2) (text unchanged)
(3) Procedures to:
(a) Store emergency [auto-injectable] use
epinephrine;
(b) Maintain the emergency [auto-injectable] use
epinephrine in a secure manner;
(c) Report use of emergency [auto-injectable] use epinephrine
according to §L of this regulation;
(d)—(e) (text unchanged)
C.—D. (text unchanged)
E. The Department shall:
(1)—(5) (text unchanged)
(6) On or before January 31 of each year, publish a report
summarizing the information obtained from the reported uses of emergency [auto-injectable]
use epinephrine at participating facilities according to §L of this
regulation.
F. A physician licensed to practice medicine in the State may
prescribe [auto-injectable] emergency use epinephrine in
the name of a certificate holder.
G. A pharmacist licensed to practice pharmacy in the State, or a
physician, may dispense [auto-injectable] emergency use
epinephrine under a prescription issued to a certificate holder.
H. A certificate holder may:
(1) On presentment of a certificate for emergency epinephrine,
receive from any physician licensed to practice medicine in the State a
prescription for [auto-injectable] emergency use
epinephrine; and
(2) Possess and store prescribed [auto-injectable] emergency
use epinephrine.
I. A participating facility:
(1) Shall ensure that there is a written plan for the emergency
epinephrine program that:
(a)—(b) (text unchanged)
(c) Includes at a minimum:
(i)—(v) (text unchanged)
(vi) Procedures for documenting incidents involving the
administration of [auto-injectable] emergency use
epinephrine by a certificate holder in accordance with §L of this regulation;
(2)—(3) (text unchanged)
(4) Shall designate in writing the certificate holders who will be
responsible for the storage, maintenance, and control of the supply of [auto-injectable]
emergency use epinephrine;
(5) May not obtain or store [auto-injectable] emergency
use epinephrine unless the participating facility has at least two
certificate holders; and
(6) (text unchanged)
J. Certificate Holders.
(1) Subject to §I(4) of this regulation, a certificate holder may
obtain:
(a) A prescription for a supply of [auto-injectable] emergency
use epinephrine from a licensed physician as provided in §F of this
regulation; and
(b) A supply of [auto-injectable] emergency use
epinephrine from a licensed pharmacist or a licensed physician as provided in
§G of this regulation.
(2) A certificate holder shall store a supply of [auto-injectable]
emergency use epinephrine obtained under §J(1) of this regulation:
(a)—(b) (text unchanged)
K. In an emergency situation when physician or emergency medical
services are not immediately available, a certificate holder or agent may
administer [auto-injectable] emergency use epinephrine to
an individual who is experiencing or believed in good faith by the certificate
holder or agent to be experiencing anaphylaxis.
L. A participating facility shall ensure that an incident that
occurred on the premises of the facility that involved the administration of [auto-injectable]
emergency use epinephrine by a certificate holder or agent is
reported:
(1)—(2) (text unchanged)
Subtitle 16 HOUSING
10.16.07 Health and Medication
Requirements for Youth Camps
Authority: Health-General Article, §§13-701—13-708, Annotated Code
of Maryland
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1)—(3) (text unchanged)
(4) “Agent” means an individual who:
(a)—(b) (text unchanged)
(c) Is appointed by a certificate for emergency epinephrine holder
to administer [auto-injectable] emergency use epinephrine
in an emergency situation.
(5)—(6) (text unchanged)
[(7) “Auto-injectable epinephrine” means a portable,
disposable drug delivery device that contains a premeasured single dose of
epinephrine that is used to treat anaphylaxis in an emergency situation.]
[(8)] (7)—[10] (9) (text
unchanged)
[(11)] (10) “Certificate for emergency
epinephrine” means a certificate or an endorsement on the operating certificate
of a youth camp issued by the Maryland Department of Health to an individual
who operates a youth camp under COMAR 10.16.06 to obtain, store, and administer
[auto-injectable] emergency use epinephrine.
[(12)] (11) “Certificate for emergency
epinephrine holder” means an individual who is authorized by the Maryland
Department of Health to obtain, store, and administer [auto-injectable]
emergency use epinephrine to be used in an emergency situation.
[(13)] (12)—[(16](15)
(text unchanged)
(16) “Emergency use epinephrine” means a portable, disposable
drug delivery device or product approved by the federal Food and Drug
Administration that contains a
premeasured single dose of epinephrine that is used to treat anaphylaxis in an
emergency situation.
(17)—(25) (text unchanged)
.06 Required Health Reports.
For all campers, staff members, and volunteers, an operator shall
ensure that:
A.—E.(text unchanged)
F. A medication error or incident that required the administration
of [auto-injectable] emergency use epinephrine is
reported:
(1)—(2) (text unchanged)
G. (text unchanged)
.15 Emergency Use Epinephrine.
A. (text unchanged)
B. The applicant shall submit to the Department with the form
required in §A of this regulation a written policy that includes:
(1)—(2) (text unchanged)
(3) Procedures to:
(a) Store emergency [auto-injectable] use epinephrine;
(b) Notify a parent or guardian that emergency [auto-injectable]
use epinephrine is available at
camp;
(c) Maintain the emergency [auto-injectable] use epinephrine
in a secure manner;
(d) Report use of emergency [auto-injectable] use
epinephrine according to Regulation .06 of this chapter;
(e)—(f) (text unchanged)
C. (text unchanged)
D. An emergency epinephrine educational training program shall
include:
(1) (text unchanged)
(2) Use of an emergency [auto-injectable] use epinephrine
pen;
(3) Follow-up procedures with a parent or guardian after an
emergency [auto-injectable] use epinephrine is
administered;
(4)—(5) (text unchanged)
E. (text unchanged)
F. The Department shall:
(1)—(4) (text unchanged)
(5) On or before January 31 of each year, publish a report
summarizing the information obtained from the Reportable Incident Report Forms
submitted to the Department related to the use of [auto-injectable]
emergency use epinephrine at youth camps.
G. A physician licensed to practice medicine in the State may
prescribe [auto-injectable] emergency use epinephrine in
the name of a certificate for emergency epinephrine holder.
H. A pharmacist licensed to practice pharmacy in the State or a
physician may dispense [auto-injectable] emergency use
epinephrine under a prescription issued to a certificate for emergency
epinephrine holder.
I. A certificate for emergency epinephrine holder may:
(1) On presentment of a certificate for emergency epinephrine,
receive from any physician licensed to practice medicine in the State a
prescription for [auto-injectable] emergency use
epinephrine; and
(2) Possess and store prescribed [auto-injectable] emergency
use epinephrine.
J. In an emergency situation when physician or emergency medical
services are not immediately available, a certificate for emergency epinephrine
holder or agent may administer [auto-injectable] emergency use
epinephrine to an individual who is experiencing or believed in good faith by
the certificate for emergency epinephrine holder or agent to be experiencing
anaphylaxis.
MEENA SESHAMANI, MD, PHD
Secretary of Health
Subtitle 15 FOOD
10.15.06 Production,
Processing, Transportation, Storage, and Distribution of Grade A Milk
Authority: Health-General Article, §21–406, Annotated Code of
Maryland
Notice of Proposed Action
[25-208-P-I]
The Secretary of Health proposes to amend Regulation .03 under
COMAR 10.15.06.03 Production, Processing, Transportation, Storage, and
Distribution of Grade A Milk.
Statement of Purpose
The purpose of this action is to update the Incorporation by
Reference regulation governing milk intended for human consumption. This action
updates the incorporation of the US Food and Drug Administration’s “Pasteurized
Milk Ordinance” from the previous 2019 iteration to the most recent 2023
iteration, released in February 2025.
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the Grade “A” Pasteurized Milk
Ordinance, 2023 Revision has been declared a document generally available to
the public and appropriate for incorporation by reference. For this reason, it
will not be printed in the Maryland Register or the Code of Maryland
Regulations (COMAR). Copies of this document are filed in special public
depositories located throughout the State. A list of these depositories was
published in 52:2 Md. R. 53 (January 24, 2025), and is available online at
www.dsd.maryland.gov. The document may also be inspected at the office of the
Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
.03 Incorporation by Reference.
In this chapter the following documents are incorporated by
reference:
A. Grade “A” Pasteurized Milk Ordinance, [2019] 2023 Revision (U.S. Department of Health
and Human Services, Public Health Service, Food and Drug Administration);
B.—E. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
10.15.07 Shellfish Sanitation
Authority: Health-General Article, §§18-102, 21-211, 21-234,
21-235, 21-304, 21-305, 21-321, and 21-346—21-350, Annotated Code of Maryland
Notice of Proposed Action
[25-209-P-I]
The Secretary of Health proposes to amend Regulation .01
under COMAR 10.15.07 Shellfish Sanitation.
Statement of Purpose
The purpose of this action is to update the incorporated document
produced by the U.S. Food and Drug Administration, the National Shellfish
Sanitation Program Guide for Control of Molluscan Shellfish, to the most recent
2023 revision.
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 [email protected]. Comments will
be accepted through December 1, 2025. A public hearing has not been scheduled.
Editor’s Note on Incorporation by Reference
Pursuant to State Government
Article, §7-207, Annotated Code of Maryland, the National Shellfish Sanitation
Program (NSSP), Guide for the Control of Molluscan Shellfish, 2023 Revision, has
been declared a document generally available to the public and appropriate for
incorporation by reference. For this reason, it will not be printed in the
Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this
document are filed in special public depositories located throughout the State.
A list of these depositories was published in 52:2 Md. R. 53 (January 24,
2025), and is available online at www.dsd.maryland.gov. The document may also
be inspected at the office of the Division of State Documents, 16 Francis
Street, Annapolis, Maryland 21401.
.01 Incorporation by Reference.
In this chapter, the following documents are incorporated by
reference:
A. National Shellfish Sanitation Program (NSSP) Guide for
the Control of Molluscan Shellfish [2019] 2023 Revision (US
Food and Drug Administration), Section I. Purpose & Definitions and
Section II. Model Ordinance except for Chapter IV, Shellstock Growing Areas;
and
B. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
10.15.13 Automatic External
Defibrillators at Grocery Stores and Restaurants
Authority:
Health-General Article, §§2-104 and 21-330.3, Annotated Code of Maryland
Notice of Proposed
Action
[25-210-P]
The Secretary of Health
proposes to adopt new Regulations .01—.06 under a new chapter, COMAR
10.15.13 Automatic External Defibrillators at Grocery Stores and Restaurants.
Statement of Purpose
The purpose of this action is to establish regulations for the
installation, maintenance, and inspection of automated external defibrillators
in certain grocery stores and restaurants.
Estimate of Economic Impact
I. Summary of Economic Impact. Grocery stores and
restaurants subject to this chapter will be required to install and maintain an
automated external defibrillator.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
NONE
|
|
|
B. On other State agencies:
|
|
|
|
Maryland Institute for Emergency Medical Services Systems
|
(E+)
|
Minimal
|
|
C. On local governments:
|
|
|
|
Local Health Departments
|
(E+)
|
Minimal
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Certain Grocery Stores and Restaurants
|
(-)
|
Minimal
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by
Impact Letter and Number from Section II.)
B. The Department of Legislative Services (DLS) Fiscal Note for SB
299 (2023) indicates that the Maryland Institute for Emergency Medical Services
Systems (MIEMSS) is likely to need a single part-time (50 percent)
administrator with a cost of $41,371 including salary, fringe benefits, and
operating expenses.
C. Local health departments are delegated the authority to license
and inspect food service facilities, including grocery stores and restaurants.
Local health departments will be responsible for enforcing this chapter,
including the inspection of automated external defibrillators, which will be
conducted as part of the regular inspection process for food service facilities
and is not anticipated to incur additional costs.
D. Grocery stores and restaurants subject to this chapter will be
required to install and maintain an automated external defibrillator. Many of
these facilities may already have an automated external defibrillator
available, but the Department does not have data on how many of these
facilities would be required to purchase an automated external defibrillator.
This would be a one-time cost, and maintenance costs are expected to be
minimal. The DLS fiscal note indicates the cost of AEDs to be between $500 and
$1,700, with layperson AED training courses costing $75 to $115 per person. Of
note, these requirements are set forth in the statute, and are not created by
this proposal.
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
.01 Scope.
A. This chapter establishes guidelines for periodic inspections
and annual maintenance of AEDs at grocery stores and restaurants.
B. This chapter does not apply to:
(1) A grocery store that has an annual gross income of
$10,000,000 or less in a calendar year; or
(2) A restaurant with:
(a) An annual gross income of $1,000,000 or less in a calendar
year, exclusive of sales for off-premises consumption; or
(b) A seating capacity of less than 100 individuals based on a
fire marshal’s determination.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “AED” means automated external defibrillator as defined in
COMAR 30.06.01.01.
(2) “Department” means the Maryland Department of Health.
(3) “Grocery store” means a store that has:
(a) All major food departments, including produce, meat,
seafood, dairy, and canned and packaged goods; or
(b) At least one of the major food departments and at least
12,000 square feet of floor space.
(4) “MIEMSS” means the Maryland Institute for Emergency Medical
Services Systems.
(5) “Restaurant” means a food service facility licensed under
COMAR 10.15.03 that prepares food for on-site consumption.
.03 AED Requirements.
Beginning January 1, 2025, each owner and operator of a grocery
store or restaurant subject to this chapter shall:
A. Place an AED in a prominent area, accessible to employees and
customers; and
B. Maintain the functionality of the AED.
.04 Registration.
Each grocery store or restaurant subject to this chapter shall
register with MIEMSS using a form prescribed by MIEMSS in order to:
A. Make its location publicly available to emergency
dispatchers; and
B. Receive maintenance and recall notices from MIEMSS.
.05 Quality Assurance,
Maintenance, and Reporting.
An owner or operator of a grocery store or restaurant subject to
this chapter shall:
A. Maintain:
(1) Each AED and all related equipment and supplies in
accordance with the standards established by the device manufacturer and the
U.S. Food and Drug Administration; and
(2) Supplemental equipment with the AED at all times, including:
(a) Two sets of defibrillator chest pads that are compatible
with the AED;
(b) Disposable gloves; and
(c) The Maryland Facility AED Report Forms for Cardiac Arrest;
and
B. Submit to MIEMSS:
(1) A report for each incident of suspected cardiac arrest at
the restaurant or grocery store on the Maryland Facility AED Report Form for
Cardiac Arrests, including:
(a) Contact information for any necessary follow-up; and
(b) If created by the AED, any available event code, summary code,
recording, or tape; and
(2) If the AED fails when operated, in addition to submitting
the required report to the federal Food and Drug Administration, a copy of the
report provided to the federal Food and Drug Administration.
.06 Inspections.
A. The Department shall:
(1) Monitor a grocery store or restaurant subject to this
chapter for compliance with this chapter; and
(2) Inspect the grocery store or restaurant as necessary for the
enforcement of this chapter.
B. Right to Inspect.
(1) The Department may enter, at reasonable times, the property
of a grocery store or restaurant for the purposes of inspecting, monitoring,
and verifying information relative to the enforcement of this chapter.
(2) A person may not deny or interfere with the Department’s
entry into a grocery store or restaurant under this chapter.
(3) An operator shall permit a representative of the Department
to examine and copy records of the grocery store or restaurant to verify
information relative to the enforcement of this chapter.
C. Report of Inspection. During a grocery store or restaurant
inspection, the Department shall:
(1) Record the inspection results on an inspection form provided
by the Department;
(2) Identify on the inspection form the conditions found that
violate the provisions of this chapter;
(3) Notify the grocery store or restaurant operator on the
inspection form to correct violations by a specific date;
(4) Provide one copy of the inspection report to the grocery
store or restaurant operator; and
(5) Provide one copy of the inspection report to MIEMSS.
D. The completed inspection report is a public document that is
available for public disclosure in accordance with General Provisions Article,
§§4-101—4-601, Annotated Code of Maryland.
MEENA SESHAMANI, MD, PHD
Secretary
of Health
Subtitle 18 HUMAN IMMUNODEFICIENCY VIRUS
(HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS)
10.18.06 Maryland AIDS Drug
Assistance Program: Pharmacy Services
Authority: Health General Article, §§2-104(b) and (i), 2-105(a) and
(b), and 18-102(a), Annotated Code of Maryland
Notice of Proposed Action
[25-211-P]
The Secretary of Health proposes to amend Regulation .02
under COMAR 10.18.06 Maryland AIDS Drug Assistance Program: Pharmacy
Services.
Statement of Purpose
The purpose of this action is to update COMAR 10.18.06.02 which
establishes the license requirements for pharmacy and provider participation in
the Maryland AIDS Drug Assistance Program (MADAP). The amendments to COMAR
10.18.06.02 will remove the reference to COMAR 10.09.03.02 and create new
license requirements. This proposal will ensure MADAP is in compliance with
their program requirements. Additionally, amendments acknowledge expanded
medical care options, and enhance treatment opportunities for program
participants, thus reducing potential barriers to care.
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
.02 Permit and License Requirements.
[The license requirements for participation in MADAP are the
same as those for the Medical Assistance Pharmacy Services Program set forth at
COMAR 10.09.03.02] A. To qualify for participation in MADAP, a
pharmacy shall first obtain a permit from:
(1) The State Board of Pharmacy, pursuant to Health Occupations
Article, Title 12, Annotated Code of Maryland; or
(2) The appropriate agency in the state in which the pharmacy is
located.
B. A pharmacy that provides compounded prescriptions for home
intravenous therapy shall be licensed under the provisions of COMAR 10.34.19.
C. To qualify for participation in MADAP, a health care
practitioner shall be:
(1) Licensed; and
(2) Legally authorized to practice medicine in accordance with
applicable state and federal laws.
MEENA SESHAMANI, MD, PHD
Secretary
of Health
Subtitle 27 BOARD OF NURSING
10.27.06 Practice of Nurse
Anesthetist
Authority: Health Occupations Article, §§8-205(a)(1), (3), (4), and
(5), and 8-513, Annotated Code of Maryland
Notice of Proposed Action
[25-229-P]
The Secretary of Health proposes to amend Regulation .05 under
COMAR 10.27.06 Practice of Nurse Anesthetists. This action was considered by the Board at a
public meeting held on June 25, 2025, notice of which was given by publication
on the Board’s website at
https://health.maryland.gov/mbon/Pages/meetings-index.aspx, pursuant to General
Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to add regulatory guidance for nurse
anesthetists on prescriptive authority pursuant to House Bill 55, Health
Occupations—Nurse Anesthetists—Drug Authority, 2022, Chapter 686.
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
.05 Scope of Practice.
A. A nurse anesthetist may perform the following functions:
(1)—(2) (text unchanged)
(3) Management of fluids in intravenous therapy; [and]
(4) Respiratory care[.];
and
(5) In accordance with §D of
this regulation , prescribe, order, and administer drugs, including a drug that
is classified as a controlled dangerous substance under Criminal Law Article,
Title 5, Subtitle 4, Annotated Code of Maryland.
B.—C. (text unchanged)
D. A nurse anesthetist may
prescribe drugs in accordance with §A of this regulation:
(1) Only in an amount that does not exceed a 10-day supply;
(2) Only for an individual with whom the nurse anesthetist has,
at the time of prescription, established a client or patient record; and
(3) Only in connection with the delivery of anesthesia services.
MEENA SESHAMANI, MD, PHD
Secretary of Health
Subtitle 32 BOARD OF PHYSICIANS
10.32.05 Telehealth
Authority: Health Occupations Article, §§1-213, 1-606, 1-1003,
1-1006, 14-205, Annotated Code of Maryland
Notice of Proposed Action
[25-230-P]
The Secretary of Health proposes to amend Regulation .06
under COMAR 10.32.05 Telehealth.
This action was considered by the Board of Physicians at public meetings
held on July 23, 2025, notice of which was provided on the Board’s website at
https://www.mbp.state.md.us/ pursuant to General Provisions Article, §3-302(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to
update current regulations to reflect the changes to state law governing
the practice of telehealth with the passage of the Preserve Telehealth Access
Act of 2025 (HB0869).
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
.06 Standards Related to Telehealth.
A.—B. (text unchanged)
C. A telehealth practitioner may not prescribe an opiate described
in the list of Schedule II substances under Criminal Law Article, §5-403,
Annotated Code of Maryland for the treatment of pain through telehealth unless:
(1) The patient is in a health care facility as defined in
Health-General Article, §19-114(d)(1), Annotated Code of Maryland; [or]
(2) The Governor has declared a state of emergency due to a
catastrophic health emergency[.]; or
(3) There is an established bona fide practitioner-patient
relationship in which the telehealth practitioner has ongoing responsibility
for the assessment, care, and treatment of the patient and the telehealth practitioner,
or another health care practitioner in the same group practice, as defined in
Health Occupations Article, §1-301, Annotated Code of Maryland, previously
conducted an in-person assessment of the patient.
D. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
10.32.08 Licensure of Athletic
Trainers
Authority: Health Occupations Article, §§1-213, 1-606, 14-205,
14-5D-01, 14-5D-11.4, and 14-5D-14, Annotated Code of Maryland
Notice of Proposed Action
[25-212-P]
The Secretary of Health proposes to amend Regulations .01, .02,
.05, .06, .09, and .12 under COMAR 10.32.10
Licensure of Athletic Trainers. This action was considered at public
meetings on July 26, 2023, and August 23, 2023, notice of which was provided on
the Board’s website at https://www.mbp.state.md.us/ pursuant to General
Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to grant licensed athletic trainers
the ability to practice dry needling as a specialized task, as long as they
have met the necessary requirements in accordance with SB 232—Health
Occupations—Licensed Athletic Trainers—Dry Needling Approval (2023).
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
.01 Scope.
A. This chapter governs the practice of athletic training including
“dry needling” within the practice of athletic training.
B.—E. (text unchanged)
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(8) (text unchanged)
(9) “Dry needling” means an intramuscular therapy that:
(a) Involves the insertion of one or more solid needles into the
muscle and related tissues to effect change in the muscle and related tissues;
(b) Requires ongoing evaluation, assessment, and reevaluation of
an impairment;
(c) Is used only in parts of the body with neuromuscular or
musculoskeletal links to an impairment; and
(d) Is not performed for:
(i) The purpose of acupuncture as defined in Health Occupations
Article, §1A-101, Annotated Code of Maryland; or
(ii) Any purpose outside of the scope of practice of athletic
trainers.
[(9)] (10)—[(21)] (22)
(text unchanged)
.05 Scope of Practice.
A.—B. (text unchanged)
C. The scope of practice of an athletic trainer in the domain of
immediate and emergency care includes the following with respect to athletes:
(1) Immediate and emergency procedures including:
(a)—(e) (text unchanged)
(f) Bandaging for bleeding; [and]
(g) (text unchanged)
(h) Dry needling; and
(2) (text unchanged)
D. The scope of practice of an athletic trainer in the domain of
treatment and rehabilitation includes the following activities, performed in an
approved setting, with respect to athletes with athletic injuries:
(1)—(2) (text unchanged)
(3) Applying braces, splints, or other assistive devices as
identified by the evaluation and treatment protocols of the supervising
physician; [and]
(4) Reassessing the status of injuries, illnesses, or conditions
using appropriate techniques and documentation strategies to:
(a) (text unchanged)
(b) Evaluate readiness to return to desired level of activity with
respect to injuries, illnesses, or conditions[.]; and
(5) Administering dry needling therapy under the direction and
guidance of a supervising physician.
E.—F. (text unchanged)
.06 Evaluation and Treatment Protocol.
A.—D. (text unchanged)
E. Dry Needling Protocol.
(1) The practice of dry needling by a licensed athletic trainer
shall require approval from the Board as a specialized task.
(2) The Board shall issue approval to perform dry needling to a
licensed athletic trainer who provides proof of completion of at least 80 hours
of instruction in a continuing education course approved by:
(a) The National Athletic Trainers’ Association;
(b) The Board of Certification for the Athletic Trainer; or
(c) The United States Armed Forces.
(3) Course Requirements.
(a) Of the 80 hours of instruction required under §E(2) of this
regulation, at least 40 hours of instruction shall be in the following content
areas:
(i) Theory and application of dry needling;
(ii) Dry needling technique, including spine and extremities;
(iii) Dry needling indications and contraindications;
(iv) Infection control, the Occupational Safety and Health
Administration’s Bloodborne Pathogen Protocol, and safe handling of needles;
(v) Emergency preparedness and response procedures related to
complications associated with dry needling; and
(vi) Appropriate documentation of dry needling.
(b) Of the 80 hours of instruction required under §E(2) of this
regulation, at least 40 hours shall be practical, hands-on instruction in the
application and technique of dry needling that is completed under the guidance
of a licensed health care practitioner who:
(i) Is approved to perform dry needling; and
(ii) Has practiced dry needling for at least 5 years.
(4) The instruction required under §E of this regulation shall
include an assessment of the licensed athletic trainer’s competency to perform
dry needling that is performed by the instructor of the approved course.
.09 Prohibited Conduct.
A. Subject to the hearing provisions of Health Occupations Article,
§14-405, Annotated Code of Maryland, the Board 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)—(26) (text unchanged)
(27) Fails to practice under the supervision of a physician or
violates the approved evaluation and treatment protocol; [or]
(28) Violates an order of the Board, including any condition of
probation[.]; or
(29) Performs dry needling without the approval of the Board
issued under Regulation .06E of this chapter.
B. (text unchanged)
.12 Sanctioning Guidelines for Athletic Trainers.
A. (text unchanged)
B. Range of Sanctions.
|
Ground
|
Maximum
Sanction
|
Minimum
Sanction
|
Maximum
Fine
|
Minimum
Fine
|
|
(1)—(28) (text unchanged)
|
|
|
|
|
|
(29) Failure to complete required criminal
history records check
|
Revocation
|
Reprimand
|
$5,000
|
$500
|
|
(30) Performs dry needling without approval
from the board
|
Revocation
|
Reprimand
|
$5,000
|
$2,500
|
MEENA SHESHAMANI, MD, PhD
Secretary of Health
10.32.21 Licensure,
Regulation, and Discipline of Naturopathic Doctors
Authority: Health Occupations Article, §§ 14-5F-04, 14-5F-04.1,
14-5F-05, 14-5F-08, 14-5F-12, and 14-5F-15, Annotated Code of Maryland
Notice of Proposed Action
[25-214-P]
The Secretary of Health proposes to amend Regulations .02, .05,
.10, .11, and .20 and adopt new Regulations .03-1
and .03-2 under COMAR 10.32.21 Licensure, Regulation, and Discipline
of Naturopathic Doctors. This action
was considered at public Board meetings on April 30, 2025, January 29, 2025,
November 20, 2024, and October 23, 2024, notice of which was provided on the
Board’s website at https://www.mbp.state.md.us/.
Statement of Purpose
The purpose of this action is to
clarify that “Council” refers to the “Naturopathic Doctors Formulary
Council” in the chapter, clarify existing requirements governing the practice
of naturopathic medicine, including clarifying existing fees, to clarify
administrative operations of the Naturopathic Doctors Formulary Council, and to
expand the continuing education opportunities for naturopathic doctors licensed
in the State. Specifically, the proposed amendments add a definition of
“Council”, identify existing fees erroneously not previously not stated in
regulations, clarifies the requirement to maintain a collaboration and
consultation agreement in order to practice naturopathic medicine, approves the
North American Naturopathic Continuing Education Accreditation Council to
provide continuing education credits to naturopathic doctors licensed in the
State, establishes staggered terms for Naturopathic Doctors Formulary Council
initial members, and standardizes the language for reinstatement of an expired,
lapsed, or revoked 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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(10) (text unchanged).
(11) “Council” means the Naturopathic Doctors Formulary
Council.
[(11)] (12)—[(31)] (32) (text
unchanged)
.03-1 Naturopathic Doctors Formulary Council.
A. The Council consists
of the following members:
(1) The Deputy Secretary for Public Health Services or the
Deputy Secretary’s designee; and
(2) The following members, appointed by the Board:
(a) Two individuals who:
(i) Are licensed in the State as naturopathic doctors;
(ii) Practice naturopathic medicine in the State;
(iii) Are certified by the North American Board of Naturopathic
Examiners; and
(iv) Have a minimum of 2 years experience;
(b) Two licensed physicians who practice in the State;
(c) One pharmacist who has a background in pharmacognosy and who
practices in the State; and
(d) One consumer of naturopathic services.
B. Term of Appointment—Naturopathic Doctors Formulary Council.
(1) The term of an appointed member of the Council is 4 years
and is staggered.
(2) At the end of a term, an appointed member continues to serve
until a successor is appointed.
(3) An individual may be reappointed for a second 4-year term
but may not serve more than two consecutive 4-year terms.
C. The terms of the initial members of the Naturopathic Doctors
Formulary Council shall expire as follows:
(1) In 2025:
(a) One naturopathic doctor member;
(b) One physician member; and
(c) The consumer member; and
(2) In 2027:
(a) One naturopathic doctor member;
(b) One physician member, and
(c) The pharmacist member.
D. A member of the Council may not receive compensation as a
member of the Council, but is entitled to reimbursement for expenses under the
Standard State Travel Regulations, as provided in the State budget.
E. The Board shall designate the chair of the Council, whose
term of office of the chair is 2 years.
F. The Board shall provide staff for the Council.
.03-2 Naturopathic
Doctors Formulary Council and Board Duties.
A. Council Duties.
(1) The Council shall:
(a) Develop and recommend to the Board a formulary for use by
licensed naturopathic doctors;
(b) Annually review the formulary adopted by the Board under
§B(2) of this regulation to determine if any changes are necessary for
compliance with current prescribing standards or the practice of naturopathic
medicine;
(c) Otherwise review the formulary at the direction of the
Board; and
(d) Make recommendations
to the Board based on the reviews conducted under this regulation.
(2) The Board shall adopt
a formulary based on the Council's recommendations under this regulation.
B. Board Duties.
(1) The Board may modify or reject any recommendation of the
Council regarding the formulary.
(2) The formulary adopted by the Board shall be in accordance
with Health Occupations Article, §14-5F-04.1, Annotated Code of Maryland.
.05 Collaboration and Consultation Agreement and the Written Attestation.
A. [An applicant shall
complete and submit to the Board a Board-approved written attestation that:] A collaboration and consultation
agreement shall:
(1) [States that the
applicant has a collaboration and consultation agreement with a physician
licensed in this State under Health Occupations Article, Title 14, Annotated
Code of Maryland;
(2) Includes] Include
the name and license number of the physician with whom the applicant has [a]
the collaboration and
consultation agreement;
[(3)] (2) [States] State that the applicant will
require patients to sign a consent form in plain language that:
(a)—(b) (text unchanged)
[(4)] (3)
[States] State that naturopathic doctors shall refer
patients to and consult with physicians and other health care providers
licensed or certified under the Health Occupations Article as needed; and
[(5)] (4) State that
in cases where the naturopathic doctor diagnoses a patient with a life
threatening condition, [states that] the naturopathic doctor shall:
(a)—(b) (text unchanged)
B. An applicant shall complete and submit to the Board a written
attestation on a form supplied by the Board that states that the applicant has
a collaboration and consultation agreement:
(1) With a physician that is licensed in this State under Health
Occupations Article, Title 14, Annotated Code of Maryland; and
(2) That meets the requirements of §A of this regulation.
[B.] C. (text
unchanged)
D. A licensee shall maintain a collaboration and consultation
agreement that meets the requirements of this regulation in order to practice
naturopathic medicine in the State.
E. A licensee shall comply with the requirements of the
licensee’s collaboration and consultation agreement with a physician.
.10 Renewals and Reinstatement.
A. Renewals.
(1)—(4) (text unchanged)
(5) The Board shall renew the license of a licensee who:
(a)—(e) (text unchanged)
[(f) Attests that the
licensee submitted to a criminal history records check in accordance with
Health Occupations Article, §14-308.1, Annotated Code of Maryland, but only if
the licensee was licensed by the Board before October 1, 2016, and only as a
requirement for the March 31, 2018, renewal cycle.]
(f) Attests that the licensee has a current collaboration and
consultation agreement with a physician licensed in the State that meets the
requirements of Regulation .05 of this chapter at the time of renewal.
(6) (text unchanged)
B. Reinstatement of an Expired or Lapsed License. An individual applying for reinstatement of a
license to practice naturopathic medicine who failed to renew for any reason
shall:
(1) Complete a reinstatement application on a form supplied by
the Board;
(2) Pay the Board the reinstatement fee set by the Board in
accordance with Regulation .20 of this chapter;
(3) Complete a criminal history records check in accordance with
Health Occupations Article §14-308.1, Annotated Code of Maryland;
(4) Provide documentation of completion of at least 50 hours of
approved continuing education earned during the 2-year period preceding the
date of the submission of the application for reinstatement; and
(5) Attest that the licensee has a current collaboration and
consultation agreement with a physician licensed in the State that meets the
requirements of Regulation .05 of this chapter at the time of reinstatement.
(6) Meet any additional
requirements set by the Board for reinstatement of a license.
[B.] C. Reinstatement after [a] Revocation [or Suspension] of a License.
[(1) If a license is
revoked or suspended, the naturopathic doctor shall surrender the license to
the Board on demand. At the end of a suspension period, the Board shall return
to the licensee any license surrendered under this regulation.
(2) If the disciplinary panel has revoked or suspended the license
of a licensee, the Board may not reinstate the license until the Board is
satisfied that the individual:
(a) Has complied with all the terms and conditions in the final
order; and
(b) Is capable of safely engaging in the practice of naturopathic
medicine.
(3) The Board may not reinstate the license of an individual whose
license was revoked by the Board within 6 months after the date of the
revocation.
(4) The applicant shall document the completion of at least 50
hours of approved continuing education earned during the 2-year period
preceding the date of the submission of the application for reinstatement.
(5) The applicant shall submit to a criminal history records check
in accordance with Health Occupations Article, §14-308.1, Annotated Code of
Maryland, by submitting to the Central Repository:
(a) Two complete sets of legible fingerprints taken on forms
approved by the Central Repository and the Federal Bureau of Investigation; and
(b) All fees required by the Central Repository and the Federal
Bureau of Investigation.
(6) The Board may reinstate a license only after the Board has
received an attestation that the applicant has submitted to a criminal history
records check in accordance with Health Occupations Article, §14-308.1,
Annotated Code of Maryland.]
(1) On the application of an individual whose license has been
revoked, the disciplinary panel, on the affirmative vote of a majority of the
quorum, may, in its discretion, reinstate a revoked license.
(2) When a time period is not stated in an order for revocation,
the disciplinary panel may not entertain an application for post-disciplinary
reinstatement until at least 3 years after the date of the order.
(3) The 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 Regulation .20 of this chapter; and
(d) The applicant meets all of the requirements for
reinstatement set out in §B of this regulation.
(4) The disciplinary panel shall entertain applications for
reinstatement pursuant to the procedures and standards of COMAR 10.32.02.06B.
(5) A revocation of a license may not be for less than 1 year.
(6) The disciplinary panel may not entertain applications for
reinstatement if a revocation is permanent.
(7) The applicant shall meet any additional requirements set by
the Board for reinstatement of a license.
[C.] D. (text
unchanged)
.11 Continuing Education Requirements.
A. (text unchanged)
B. The courses selected shall be approved by any of the following:
(1)—(3) (text unchanged)
(4) The Accreditation Council for Pharmacy Education; [or]
(5) The North American Naturopathic Continuing Education
Accreditation Council; or
(6) (text
unchanged)
.20 Fees.
[Starting on March 1, 2016, the fees are as follows:]The
following fees are applicable to naturopathic doctors:
A. (text unchanged)
B. Renewal Fee:
(1) (text unchanged)
(2) The Maryland Health Care Commission fee as determined by
Maryland Health Care Commission under COMAR 10.25.03[.];
C. License reinstatement fee—$700; and
D. Written verification fee—$50.
MEENA SESHAMANI, MD, PHD
Secretary
of Health
Subtitle 60 BOARD OF ENVIRONMENTAL
HEALTH SPECIALISTS
Notice of Proposed Action
[25-215-P]
The Secretary of Health proposes to:
(1) Amend Regulations .01—.03 and adopt new Regulation .06
under COMAR 10.60.01 General Regulations; and
(2) Amend Regulations .01, .04, and .05 under COMAR
10.60.02 Licensing Procedures. This
action was considered by the Board of Environmental Health Specialists at a
public meeting held on June 4, 2025, notice of which was given by publication
on the Board’s website at health.maryland.gov/behs/Pages/default.aspx pursuant
to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to update regulations to include
requirements for apprenticeships pursuant to Ch.49, Acts of 2024.
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 [email protected]. Comments will be accepted through December 1,
2025. A public hearing has not been scheduled.
10.60.01 General Regulations
Authority: Health Occupations Article, §§21-101—21-502, Annotated
Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Apprenticeship” means a program of training and experience
under the supervision of a licensed environmental health specialist that is a
requirement for a Board-approved baccalaureate degree from an accredited
educational institution.
[(2)] (3) (text unchanged)
[(3)] (4) Approved Training.
(a) “Approved training” means Board-approved courses of study or
programs of instruction, or courses or programs offered by a
pre-approved provider, in an area of environmental health sciences and
related subjects designed to improve, advance, or extend professional skill and
knowledge relating to the practice of an environmental health specialist.
(b) (text unchanged)
[(4)] (5) (text unchanged)
(6) “Board-approved baccalaureate degree” means a baccalaureate
degree in science in:
(a) Biology;
(b) Chemistry;
(c) Environmental Science;
(d) Geology; or
(e) Any other area related to the practice of an environmental
health specialist approved by the Board.
[(5)] (7)—[(22)] (24) (text
unchanged)
.02 Prohibitions.
A. An individual may not practice as an environmental health
specialist in the State unless the individual is:
(1) [Is licensed] Licensed by the Board; [or]
(2) [Is employed] Employed under a valid
environmental health specialist-in-training certificate issued by the Board;
or
(3) Participating in an apprenticeship approved by the Board.
B.—C. (text unchanged)
.03 Licensing and Examination.
A. (text unchanged)
B. An applicant is eligible to take the examination if the
applicant has satisfied one of the following combinations of education and
experience:
(1) Combination 1:
(a) (text unchanged)
(b) Has either:
[(b)] (i) Obtained 12 months of experience in
an environmental health specialist-in-training program approved by the Board; or
(ii) Completed an apprenticeship approved by the Board; or
(2) (text unchanged)
C. (text unchanged)
.06 Apprenticeships.
A. The Board shall approve an apprenticeship if the
apprenticeship provider:
(1) Submits an application for approval on the form required by
the Board; and
(2) Submits satisfactory evidence that the training and
experience provided to an apprenticeship participant meets the requirements of
§§B—G of this regulation.
B. An apprenticeship shall be under the supervision of an
environmental health specialist actively licensed in the State.
C. An apprenticeship shall be rendered as a part of a
Board-approved baccalaureate degree from an accredited institution.
D. Apprenticeship Written Plan. An apprenticeship shall be
provided pursuant to a written plan that:
(1) Establishes any employment requirements for the
apprenticeship participant; and
(2) Defines the methods for tracking and evaluating participant
performance.
E. An apprenticeship shall prepare the participant to:
(1) Perform, in a competent manner, assigned job duties and
responsibilities which constitute practice as an environmental health
specialist; and
(2) Demonstrate proficiency in all areas of public and
environmental health on a written examination required by the Board.
F. Education and Training. An apprenticeship shall provide the
participant with education and training in:
(1) The manufacture, preparation, handling, distribution, or
sale of food and milk;
(2) Water supply and treatment;
(3) Wastewater treatment and disposal;
(4) Solid waste management and disposal;
(5) Vector control;
(6) Insect and rodent control;
(7) Air quality;
(8) Noise control;
(9) Product safety;
(10) Recreational sanitation;
(11) Institutional and residential sanitation; and
(12) Subject areas included in the recognized examination
approved by the Board.
G. Apprenticeship Experience Requirements. An apprenticeship
shall provide the participant with experience in the following skills:
(1) Conducting inspections and investigations;
(2) Collecting and analyzing data;
(3) Making decisions necessary to secure compliance with
federal, State, and local laws and regulations that relate to control of the
public health aspects of the environment; and
(4) Reviewing and approving plans for compliance or process
changes.
H. The minimum duration of an apprenticeship shall be 6 months.
I. The maximum duration of an apprenticeship shall be 5 years.
10.60.02 Licensing
Procedures
Authority: Health Occupations Article, §§21-101—21-502, Annotated
Code of Maryland
.01 Application Procedure.
A. (text unchanged)
B. Transcripts.
(1)—(3) (text unchanged)
(4) For apprenticeship graduates, the educational institution
shall, as part of the official transcript, submit documentation, such as a
certificate of completion, that the applicant satisfactorily completed the
apprenticeship.
C. (text unchanged)
.04 Examination.
A.—H. (text unchanged)
[I. An applicant, who receives an in-training certificate
after January 1, 2022, may not sit for the examination after their in-training
certificate expires.
J. The Board may not accept examination results unless all
eligibility requirements set forth in this regulation are met.]
[K.] I.—[L.] J. (text
unchanged)
.05 Certificates.
A. Certificate of Eligibility for Obtaining Employment.
(1) (text unchanged)
(2) The certificate of eligibility for obtaining employment shall
expire 12 months after the issuance date and may be renewed at 12-month
increments if the certificate holder:
(a) Submits a request for renewal prior to expiration of the
certificate on a form provided by the Board; and
(b) (text unchanged)
B. Environmental Health Specialist-In-Training Certificates.
(1)—(3) (text unchanged)
(4) Upon a written request from the holder of an environmental
health specialist-in-training certificate prior to the expiration date of
the certificate, the Board may extend an environmental health
specialist-in-training certificate for up to 6 months due to physical
incapacitation of the environmental health specialist-in-training or for other
reasons acceptable to the Board.
(5)—(8) (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Title 11
DEPARTMENT OF TRANSPORTATION
Subtitle 08 STATE RAIL TRANSIT
SAFETY OVERSIGHT
Notice of Proposed Action
[25-181-P]
The Secretary of the Maryland Department of Transportation proposes
to:
(1) Amend Regulation .01 under COMAR 11.08.01 Federal
Transit Administration Regulations;
(2) Amend Regulations .01, .02, adopt new Regulation .03
and amend and recodify existing Regulations .03 and .04 to be
Regulations .04, .05 under COMAR 11.08.02 State Safety
Oversight Authority;
(3) Amend Regulation .01 under COMAR 11.08.03 Inspections
and Audits; and
(4) Amend Regulations .01—.05 under COMAR 11.08.04 Safety
Violations.
Statement of Purpose
The purpose of this action is to update state rail safety
oversight to reflect federal regulatory updates, and to clarify and improve
existing provisions and 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 Max Smith, TSSP, PTSCTP Office of Audits
& Rail Safety, The Secretary's Office , 7201 Corporate Center Dr., Hanover,
MD 21076, or call 410-865-1398, or email to [email protected].
Comments will be accepted through December 1, 2025. A public hearing has not
been scheduled.
11.08.01 Federal
Transit Administration Regulations
Authority: Transportation
Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland; 49 U.S.C. §5329
and 49 CFR Part 674
.01 Authority
Under 49 U.S.C. §5329 and 49 CFR Part 674.
The State
of Maryland has designated the Maryland Department of Transportation (MDOT) as
the [Rail] State Safety
Oversight Agency, the agency responsible for rail transit safety oversight in
the state. These regulations establish the system safety requirements for [the
Maryland Transit Administration (MTA)] each rail fixed guideway public
transportation system solely within the State of Maryland, including those
systems and parts of systems in engineering and construction, to comply
with the provisions of the Rail Safety Oversight Program.
11.08.02 State
Safety Oversight Authority
Authority:
Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;
49 U.S.C. §5329 and 49 CFR Part 674
.01 Established.
Pursuant to
Transportation Article, §7-203.1, Annotated Code of Maryland, there is hereby
created the State Safety Oversight Agency (SSOA) for [the Maryland Transit
Administration, hereafter referred to as the Rail Transit Agency (RTA) and any
other] each fixed guideway rail public transportation system solely within the
State of Maryland hereafter referred to as a Rail Transit Agency (RTA)
.02 Purposes.
In carrying out
its purposes, the SSOA, through its designated [employees] personnel,
shall, as required by 49 U.S.C. §5329, as amended, and any federal regulations
promulgated thereunder:
A. Adopt, revise,
and distribute a written Rail Safety Oversight Program (RSOP);
B.—D. (text
unchanged)
.03
Definitions
A. “Personnel”
includes state employees, contractors, and any other individual functioning in
that role.
B. “Safety
event” means:
(1) An
unexpected outcome resulting in injury or death;
(2) Damage to
or loss of the facilities, equipment, rolling stock, or infrastructure of a
public transportation system; or
(3) Damage to
the environment.
[.03] .04 Powers.
A. In performing
its duties, the SSOA, through [is] its designated [employees]
personnel, may for each rail fixed guideway public transportation
system, including those with elements in engineering and construction:
(1) Conduct, or
cause to be conducted, inspections, investigations, examinations, and testing
of the property, equipment, facilities, rolling stock, personnel, and
operations of the RTA rail systems, including, without limitation, electronic
information and databases;
(2) Enter upon
the RTA rail systems and, upon reasonable notice and a finding by the SSOA [employee(s)]
personnel that a need exists, upon any lands, waters, and premises
adjacent to the RTA rail systems for making inspections, investigations,
examinations and testing as the SSOA may deem necessary to carry out the
purposes of this regulation, and such entry shall not be deemed a trespass. The
SSOA shall make reasonable reimbursement for any actual damage resulting to any
such adjacent lands, waters, and premises because of such activities;
(3) Compel
compliance by an RTA with any Corrective Action Plan, directive, or
order of the SSOA by such means as the SSOA deems appropriate, including, but
not limited to:
(a)—(d) (text
unchanged)
(4) Direct an RTA
to suspend or disqualify from performing in a safety sensitive position an
individual who has violated or directed others to violate safety rules,
regulations, policies, procedures, or laws in a manner that the SSOA determines
make that individual unfit for the performance [in] of
such a [position] function; and
(5) (text
unchanged)
B. The SSOA shall
coordinate its enforcement activities with [appropriate] federal
and State governmental authorities as appropriate.
[.04] .05
Duties.
A. Role of the
State Safety Oversight Agency.
(1) The SSOA
shall establish minimum standards for the safety of all rail fixed guideway
public transportation systems within its oversight. [The safety plan]
These shall be consistent with the National Public Transportation
Safety Plan, the Public Transportation Safety Certification Training Program,
the rules for Public Transportation Agency Safety Plans and all applicable
federal and State laws.
(2) The SSOA
shall review and approve the Public Transportation Agency Safety Plan for every
rail fixed guideway public transportation system within its oversight. The SSOA
shall oversee an RTA’s execution of its Public Transportation Agency Safety
Plan. The SSOA shall enforce the execution of a Public Transportation Agency
Safety Plan, through an order of a corrective action plan or any other means,
as necessary or appropriate. The SSOA shall ensure that a Public Transportation
Agency Safety Plan meets the requirements at 49 U.S.C. §5329(d) and 49 CFR
Part 673.
(3) (text
unchanged)
(4) The SSOA
has the responsibility to provide safety oversight of an RTA’s project or
projects in the engineering or construction phase to verify compliance with all
applicable federal and State safety requirements, safety procedures, and other
safety management system practices such as safety event investigation. This
includes operations, testing, simulated service or pre-revenue service, and
transit-related maintenance activity. The SSOA may set additional reporting and
investigation requirements for the RTA beyond those required by FTA.
[(4)] (5)
(text unchanged)
[(5)] (6)
The SSOA shall have primary responsibility for the investigation of [an
accident] a safety event on a rail fixed guideway public
transportation system.
[(6)] (7)
The SSOA may enter into an agreement with a contractor for assistance,
including [in] overseeing [accident] safety
event investigations; performing independent [accident]
safety event investigations; and [reviewing incidents and
occurrences; and] for expertise or resources the SSOA does not
have within its own organization.
[(7)]
(8) All designated SSOA personnel [and contractors
employed by the SSOA] shall comply with the requirements of the Public
Transportation Safety Certification Training Program as applicable.
B. State Safety
Oversight Program Standards. The SSOA shall adopt and distribute a written SSO
program standard, consistent with the National Public Transportation Safety
Plan and the rules for Public Transportation Agency Safety Plans. This SSO
program standard shall identify the processes and procedures that govern the
activities of the SSOA. Also, the SSO program standard shall identify the
processes and procedures an RTA must have in place to comply with the standard.
The program standard may set other requirements to further the safety and
security of Maryland rail transit agencies. Each RTA and its personnel must
comply with the program standard.
C. Triennial
Audits. At least once every 3 years, the SSOA shall conduct a complete audit of
an RTA’s compliance with its Public Transportation Agency Safety Plan.
Alternatively, an SSOA may conduct the audit on an on-going basis over the
3-year time frame. [After the 3-year audit cycle, the] The
SSOA shall issue a report with findings and recommendations arising from the
audit, which shall include, at minimum, an analysis of the effectiveness of the
Public Transportation Agency Safety Plan, findings, observations, or
recommendations for improvements, and a requirement for a corrective
action plan or plans, if necessary or appropriate. The RTA shall be
given an opportunity to comment on the findings, observations, and
recommendations.
D. Notifications
of [Accidents] Safety Events.
[(1)
Two-Hour] Federal Transit Administration (FTA) Notification. In
addition to the other requirements for [accident] safety event
notification set forth in [an] the SSO program standard,
in any instance in which an RTA must notify the FTA of a safety event, the [an]
RTA must notify both the SSOA and the [Federal Transit Agency (FTA)]
FTA within [2 hours of any accident occurring on a rail fixed
guideway public transportation system, as defined by the FTA] the
time frame required by FTA.
[(2)
Federal Rail Administration (FRA) notification. In any instance in which an RTA
must notify the FRA of an accident as defined by 49 CFR §225.5, the RTA must
also notify the SSOA and the FTA of the accident within the same time frame as
required by FRA.]
E.
Investigations.
(1) The SSOA
shall investigate or require an investigation of any [accident] safety
event that requires the transit agency to notify FTA under 49 CFR §674.33, may
investigate or require investigations of other safety events, and is
ultimately responsible for the sufficiency and thoroughness of all
investigations, whether conducted by the SSOA or RTA. If the SSOA requires an
RTA to investigate [an accident] a safety event, the SSOA
must conduct an independent review of the RTAs findings of causation. In any instance
in which an RTA is conducting its own internal safety event
investigation [of the accident or incident], the SSOA and the RTA must
coordinate their investigations in accordance with the SSO program standard[
and any agreements in effect].
(2) Within a
reasonable time, the SSOA shall issue a written report on its investigation of [an
accident] a safety event or review of an RTA’s [accident]
safety event investigation in accordance with the reporting
requirements established by the SSOA. The report shall describe the
investigation activities; identify the factors that caused or contributed to
the [accident] safety event; and set forth a
corrective action plan or plans, as necessary or appropriate. [The]
If the SSOA conducts its own investigation, it shall [The SSOA
shall formally adopt the report of an accident and] transmit that report
to the RTA for review and concurrence. If the RTA does not concur with an SSOA’s
report, the SSOA may allow the RTA to submit a written dissent from the report,
which may be included in the report, at the discretion of the SSOA. The SSOA
shall formally adopt each investigation report.
(3) All personnel
[and contractors], that conduct investigations on behalf of
an SSOA shall be trained to perform their functions in accordance with the
Public Transportation Safety Certification Training Program.
[(4) The
FTA Administrator may conduct an independent investigation of any accident or
an independent review of an SSOA’s or an RTA’s findings of causation of an
accident.]
F. Corrective
Action Plans.
(1) In any
instance in which an RTA must develop and carry out a Corrective Action Plan
(CAP), the SSOA shall review and approve the CAP before the RTA carries out the
plan; however, an exception may be made for immediate or emergency corrective
actions that must be taken to ensure immediate safety, provided that the SSOA
has been given timely notification, and the SSOA provides subsequent review and
approval. A CAP shall describe, specifically, the actions the RTA will take to correct
the deficiency and to mitigate the identified risks and hazards to an
acceptable level as required by the SSOA Program Standard and the RTA’s Agency
Safety Plan [minimize, control, correct, or eliminate the risks and
hazards identified by the CAP], the schedule for taking those actions,
and the individuals responsible for taking those actions. The RTA shall
periodically report to the SSOA on its progress in carrying out the CAP. The
SSOA may monitor the RTA’s progress in carrying out the CAP through
unannounced, on-site inspections, or any other means the SSOA deems necessary
or appropriate.
(2) (text
unchanged)
G. State Safety
Oversight Agency annual reporting to FTA.
(1) On or before
March 15 of each year, the SSOA shall submit the following material to FTA:
(a) (text
unchanged)
(b) Evidence that
each of its [employees and contractors] designated personnel
has completed the requirements of the Public Transportation Safety
Certification Training Program, or, if in progress, the anticipated completion
date of the training;
(c) A publicly
available report that summarizes its oversight activities for the preceding 12
months, describes the causal factors of [accidents] safety
events identified through investigation, and identifies the status of
corrective actions, changes to Public Transportation Agency Safety Plans, and
the level of effort by the SSOA in carrying out its oversight activities;
(d) Final
investigation reports for all safety events meeting one or more of the criteria
specified at 49 CFR §674.33;
[(d)]
(e)— [(e)] (f) (text unchanged)
[(f)] (g)
A certification that the SSOA [follows] is in compliance with
the requirements of [this part] 49 CFR §674.
(2) (text
unchanged)
11.08.03
Inspections and Audits
Authority:
Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;
49 U.S.C. §5329 and 49 CFR Part 674
.01 Compliance
Inspections and Triennial Safety Audits.
The State Safety
Oversight Agency (SSOA) shall conduct compliance inspections and triennial
safety audits in accordance with the MDOT Rail Safety Oversight Program
Standard and the RTA [System Safety Program Plan /] Agency Safety Plan
and in accordance [to] with the requirements of 49 U.S.C.
§5329(e). The SSOA is authorized to conduct unannounced inspections and
reviews, including as listed in 11.08.02.03.
11.08.04 [Rules
Compliance] Safety Violations
Authority:
Transportation Article, §§2-102(c)(5) and 7-203.1, Annotated Code of Maryland;
49 U.S.C. §5329 and 49 CFR Part 674
.01 State Safety
Oversight Agency Investigative Authority.
A. To carry out
this title [the MDOT Deputy Secretary of Operations or designee], the state
safety oversight agency (SSOA) may administer an oath, certify an official
act, take or cause to be taken a deposition of a witness, or issue a subpoena
for the attendance of a witness to testify and/or produce papers, books,
documents, records, and testimony.
B. If a person
fails to comply with a lawfully issued subpoena, on application of the [MDOT
Deputy Secretary of Operations] SSOA or designee in a
contempt proceeding, a court of competent jurisdiction may compel the person to
comply.
.02
Event/Threshold.
A. The SSOA will
investigate and take actions in accordance with COMAR [11.24.02.03] 11.08.02.03
to compel compliance by the RTA with any Corrective Action Plan or order,
including those corrective action plans or orders stemming from the
investigation of [accidents, incidents, and occurrences as listed in
Appendix A to 49 CFR 674 Notification and Reporting of Accidents, Incidents,
and Occurrences] safety events.
B. Nothing in
this regulation shall be deemed to alter [a rail transit vehicle or
high-rail vehicle operator’s or any safety-sensitive employee’s duty] the
obligation of any individual to comply with any other provisions [of
the RTA] concerning rail safety.
.03 [Suspension
of Safety-Sensitive Certification] Authority to Suspend Individuals From
Performing Safety-Sensitive Functions.
[A. An
employee may have his or her safety-sensitive certification suspended by the
SSOA in accordance with to the following standards:
(1) In the case
of a single incident (as defined in 49 CFR §674.7) that is deemed to be a
safety violation, the employee may have his or her safety-sensitive
certification suspended for up to 1 month.
(2) In the case
of two separate incidents that occurred within 24 months of each other, the
employee may have his or her safety-sensitive certification suspended for up to
6 months.
(3) In the case
of three separate incidents that occurred within 36 months of each other, the
employee may have his or her safety-sensitive certification suspended for up to
1 year.
(4) In the case
of four separate incidents that occurred within 36 months of each other, the
employee may have his or her safety-sensitive certification suspended
indefinitely.
(5) If a safety
violation is egregious or results in bodily injury or death, the suspension
period may be raised to a higher level.
(6) If an
employee is not on full duty at the time a suspension is to be issued, the
suspension period will commence the first day the employee would otherwise
return to full duty.
B. The actions
described in this section do not replace or otherwise affect any disciplinary
action that may be taken against an employee by the RTA about a safety
violation.]
A. The SSOA
may suspend any individual (including RTA employees or contractors) from
performing all safety-sensitive functions or specific safety-sensitive
functions at a rail transit agency overseen by the SSOA in the event the SSOA
determines that the individual is unfit to safely perform such functions.
(1)
Safety-sensitive functions include those functions directly or indirectly
affecting the safety of passengers, employees, or other people and property in
and around the rail transit system. This may include frontline personnel,
supervision, or management. Safety-sensitive functions include work such as
operations, central control, maintenance, systems, signals, safety, and
emergency response.
(2) The SSOA
may determine the length of suspension from performing safety-sensitive
functions that is warranted based on the totality of the circumstances,
including the specific nature of the event or events, history, and action
already taken by the transit agency, its contractors, or the individual. The
SSOA may set requirements that must be met prior to returning to a
safety-sensitive position.
(3) The SSOA
will communicate such a suspension to the RTA and direct the RTA not to utilize
the individual in safety-sensitive functions for the specified period. The RTA
must communicate this suspension to the individual and to the individual’s
supervisor or supervisors. The RTA must confirm that the individual and their
supervisor or supervisors received this notification, provide records of this
notification, and must ensure that the suspension from performing
safety-sensitive functions is implemented.
(4) The SSOA’s
action to suspend an individual from performing a safety sensitive function is
not a form of discipline, does not affect employment status, and does not
replace or otherwise affect the transit agency’s (or its contractor’s)
disciplinary processes.
(5) If an
individual is not on full duty at the time a suspension is issued, the
suspension from performing a safety-sensitive function will commence the first
day the employee would otherwise return to full duty. The individual is not
permitted to perform any safety sensitive function until the suspension is
complete.
(6) Any
suspension from safety-sensitive duties by the Maryland SSOA applies at any
other Maryland rail transit system overseen by the SSOA.
.04 Reinstatement
of Safety-Sensitive Eligibility.
A. An [employee
whose safety-sensitive certification has been suspended] individual
who has been suspended from performing safety-sensitive functions may be
eligible for reinstatement prior to the expiration of the initial period of
suspension if:
[(1) The
suspension imposed is for a period of 1 year or less;]
[(2)] (1)
(text unchanged)
[(3)] (2)
The [employee] individual has been evaluated by a
qualified supervisor of the specific safety-sensitive position and determined by
the qualified supervisor and RTA management to:
(a) Have received
and successfully completed adequate remedial training on any specific
areas identified by the RTA in relation to the suspension; and
(b) Have
demonstrated the necessary commitment to safety processes and procedures; and
[(4) The
employee has successfully completed any mandatory training program or
retraining, deemed necessary by the RTA prior to return to service; and]
[(5)] (3)
(text unchanged)
B. An [employee] RTA requesting
reinstatement of an individual to perform safety-sensitive functions[,]
must do so formally in writing to the MDOT [Deputy Secretary of
Operations] Assistant Secretary for Administration, or designee. This
request must include, at minimum, confirmation by a qualified supervisor and
RTA management that the individual has met the above requirements, supporting
documentation, and a written explanation supporting the request for
reinstatement. This may include a written statement by the suspended
individual.
C. The [Deputy
Secretary of Operations] Secretary of Transportation or Secretary’s
designee will conduct an evaluation and advise the [employee]
RTA of the determination within 30 calendar days.
.05
Administrative Hearing.
A. [An]
A State employee wishing to file an appeal must notify the SSOA within
15 calendar days of receiving the notice of [the] their suspension
from performing safety-sensitive functions, to request an administrative
hearing. Such a request does not create a stay of the suspension from
performing safety-sensitive functions.
B. When a
suspension from performing safety-sensitive functions is contested by
a State employee, the SSOA will forward the matter to Maryland Office of
Administrative Hearings (OAH) to set [in] for a hearing.
C. (text
unchanged)
D. The
administrative law judge’s decision is the final order of the Secretary of
Transportation or Secretary’s designee [of the MDOT Deputy Secretary of
Policy, Planning, and Enterprise Services].
Samantha J. Biddle
Acting Secretary
Maryland
Department of Transportation
Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES
Subtitle
10 CORRECTIONAL TRAINING COMMISSION
12.10.07 Body-Worn Cameras
Authority: Correctional
Services Article, §§2-109 and 8-211; Courts of Judicial Proceedings Article,
§10-402, Annotated Code of Maryland
Notice of Proposed
Action
[25-231-P]
The Maryland Correctional
Training Commission proposes to adopt new Regulations .01—.11 under a
new chapter, COMAR 12.10.07 Body-Worn Cameras. This action was considered and approved by
the Maryland Correctional Training Commission at a public meeting on September
22, 2025.
Statement of Purpose
The purpose of this action
is to promulgate body-worn camera regulations that establish minimum criteria
for the training, use, operation, maintenance, and storage of body-worn camera
recordings by correctional agencies. These regulations are required under
Chapter 609 of the acts of the 2025 Maryland General Assembly. Body-worn
cameras promote accountability, safety, and transparency by providing an
objective and documented record of interactions between correctional officers
and incarcerated or supervised individuals and members of the public. The
adoption of body-worn cameras is voluntary and is applicable to both State and
local correctional 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 Daedra Carrio-Westby, Executive Director,
Maryland Correctional Training Commission, 6852 4th Street, Sykesville, MD
21784, or call 410-875-3601, or email to [email protected].
Comments will be accepted through December 1, 2025. A public hearing has not
been scheduled.
.01
Purpose.
A. Body-worn cameras (BWC) promote
accountability, safety, and transparency by providing an objective and
documented record of interactions between correctional and community
supervision professionals, and incarcerated individuals, supervised
individuals, and members of the public.
B. This chapter establishes
regulations for correctional officers and community supervision agents, and
provides procedures for the training, use, operation, maintenance and storage
of BWC recordings.
C. Prior to implementing a
BWC program, a correctional unit shall develop and maintain a written policy
consistent with regulations of this chapter.
.02 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Activation” means the
process a correctional officer or a community supervision agent conducts to
begin recording audio and video with a body-worn camera.
(2) “Body-Worn Camera (BWC)”
has the meaning of the body-worn digital recording device stated in Courts and
Judicial Proceedings Article, §10-402, Annotated Code of Maryland.
(3) “BWC equipment” means
cameras, docking stations, system consoles, or any other accessories required
for the use of the BWC.
(4) “Community contact” means
an interaction by a correctional officer or a community supervision agent with
an individual to verify compliance with the conditions of release.
(5) “Community supervision
agent (agent)” means a mandated employee who supervises an individual placed on
probation, or released on mandatory supervision, parole, or administrative
release.
(6) Correctional Officer.
(a) “Correctional officer”
has the meaning stated in Correctional Services Article, §8-201, Annotated Code
of Maryland.
(b) “Correctional officer”
includes a mandated employee who is:
(i) A community supervision
agent; or
(ii) Under the authority of
the Commissioner of Correction, the Commissioner of Pretrial Detention and
Services; or a managing official of a local correctional facility.
(7) “Correctional unit” means
a unit of State, county, or municipal government that is responsible under a
statute, ordinance, or court order for the:
(a) Investigation, care,
custody, control, or supervision of an incarcerated individual; or
(b) Investigation and
supervision of an individual placed on probation, or released on parole,
administrative release, or mandatory supervision release.
(8) “Critical incident” means
any event or situation that creates a significant risk of disruption to the
security or operations of a correctional unit or a significant risk of harm to
the physical or mental health, safety or well-being of an individual.
(9) “Evidence management
system” is a secure database utilized to store, manage, investigate, and share
multiple types of digital data captured from BWCs to establish an evidentiary
chain of custody.
(10) “Incarcerated
individual” has the meaning as defined in Correctional Services Article,
§1-101, Annotated Code of Maryland.
(11) “Maryland Public
Information Act (MPIA)” has the meaning stated in General Provisions Article,
§§4-101― 4-601, Annotated Code of Maryland.
(12) “Qualifying event” means
a situation or event where a correctional officer or agent is required to
activate their body-worn camera to capture audio and video recordings.
(13) “Supervised individual”
means a person:
(a) Sentenced to probation;
(b) Released on parole or
administrative release; or
(c) Released on mandatory
supervision.
(14) “Use of force” means the
physical or other form of control by mandated employees to:
(a) Defend themselves or
others; or
(b) Restrain, subdue, or
overcome resistance from or non-compliance of an individual.
.03 Program Oversight and
Responsibility.
A. A correctional unit shall
ensure supervisory oversight of the BWC program in compliance with these
regulations.
B. A correctional unit shall
ensure correctional officers or agents are wearing and using BWC equipment in
accordance with agency policy.
C. A correctional unit shall
ensure random reviews of recordings are performed to:
(1) Confirm procedures are
being followed;
(2) Recognize opportunities
for additional training; and
(3) Identify situations that
may require procedural or operational changes.
D. A correctional unit may
designate an employee responsible for maintaining BWC systems and performing
routine maintenance in accordance with the manufacturer’s guidelines.
.04 Training.
A. A correctional unit shall
ensure that correctional officers or agents assigned a BWC receive proper
training on BWC use and operation pursuant to these regulations, manufacturer’s
guidelines and all applicable laws and policies prior to using a BWC.
B. BWC training shall
include, but is not limited to the following topics:
(1) Agency BWC policy;
(2) Proper placement of
camera;
(3) When recording is
mandatory, prohibited, and discretionary;
(4) When recording
notification and consent is required;
(5) Secure storage, access,
review and confidentiality of recordings;
(6) Retention, dissemination
and release of recordings;
(7) Specific protections for
reasonable expectation of privacy;
(8) Interactions with members
of the public;
(9) Buffering mode; and
(10) Equipment operation,
care and maintenance.
C. Video and audio recordings
from BWCs used for training purposes shall be separately tagged from recordings
of official daily operations as described in Regulation .11 of this chapter.
.05 Notification of
Recordings.
A. A correctional officer
working with only incarcerated individuals and other facility staff is not
required to notify any individual in their immediate area that BWC equipment is
in use.
B. A correctional officer or
agent in the community shall notify supervised individuals and members of the
public upon initial community contact that audio and video recordings of
communications may be captured by a BWC.
C. A correctional officer or
agent is not required to provide notification that audio and video recordings
of communications may be captured to an individual who becomes party to the
communication after the initial notification has been provided.
.06 General Operational
Procedures.
A. A correctional unit shall
determine which correctional officers or agents are responsible for wearing
BWCs.
B. In order to wear a BWC, a correctional officer or agent shall be
clearly identifiable by:
(1) Wearing clothing, a vest,
or outer carrier that identifies the wearer as a correctional officer or agent;
or
(2) Prominently displaying an
agency issued badge or other official insignia.
C. Only agency-issued BWC
equipment may be used to create recordings pursuant to these regulations.
D. Prior to the beginning of
a shift, a correctional officer or agent shall perform a function test of the
BWC in accordance with the manufacturer’s recommendations and agency policy.
(1) A correctional officer or
agent shall immediately notify a supervisor if the BWC is not functioning
properly.
(2) As soon as practicable, a
correctional officer or agent shall return the malfunctioning BWC for repair or
replacement.
E. The BWC shall be activated
as soon as practicable during all qualifying events and shall not be
deactivated until the completion of the qualifying event.
F. A qualifying event is
considered complete once all actions required by agency policy have been taken
and the incident has ended, or a supervisor has determined the incident to be
over.
G. Qualifying event
activations are required regardless of whether a fixed camera system is present
in the area.
H. Following the conclusion
of a qualifying event as indicated in Regulation .07 of this chapter, a
correctional officer or agent shall:
(1) Notify supervision of the
activation of the BWC prior to the end of shift; and
(2) Complete any required
documentation related to the activation in accordance with a correctional
unit’s policy.
I. At the conclusion of a
shift or work assignment, a correctional officer or agent shall upload the BWC
recordings into the evidence management system.
J. After a BWC recording has
been docked and uploaded into the evidence management system, the BWC recording
shall be reviewed, tagged, and categorized in accordance with agency policy.
K. A correctional officer or
agent shall document any deviation from regulations of this chapter or a
correctional unit’s BWC policy.
.07 Qualifying Events—Mandatory
Recording.
A. A qualifying event
requires activation of the BWC as soon as safe and reasonably practicable to do
so.
B. The following constitute
qualifying events:
(1) Critical incidents;
(2) Use of force situations;
(3) Interactions with
aggressive or agitated individuals; and
(4) Community contacts
conducted by a correctional officer or agent.
C. An agency may include
other events as qualifying events as long as they are not prohibited under
Regulation .08 of this chapter.
.08 Prohibited Use of BWCs.
A. Except for purposes
authorized in Regulation .07 of this chapter, the BWC shall not be activated
anywhere there is a reasonable expectation of privacy, including but not
limited to:
(1) Toilets and showers while
in use;
(2) Strip searches;
(3) Substance use testing;
(4) Attorney-client visits;
(5) Interactions with clergy;
(6) Confidential
communication with or treatment by a medical practitioner regarding physical,
mental, and dental health;
(7) Courtrooms and court
facilities except as permitted by court rules and guidelines of the local
Administrative Judge or presiding judge;
(8) Administrative
investigations or hearings regarding personnel matters;
(9) Interviews with
confidential informants;
(10) Conversations with other
employees during non-job related activities, including work breaks; and
(11) Discussions, meetings,
or other official business outside the presence of an incarcerated individual,
a supervised individual, or a member of the public.
B. In order to safeguard a
correctional officer or agent’s privacy, a correctional officer or agent may
place a BWC in sleep mode or completely power off the BWC when using locker
rooms or restroom facilities.
.09 Discretionary use of
BWCs.
A. A correctional unit may
direct correctional officers and agents to activate BWCs when not otherwise
prohibited to record:
(1) Witness interviews,
pursuant to agency policy on recording witness interviews using a BWC;
(2) Events or circumstances
where a correctional officer or agent reasonably determines that BWC recording
is necessary to ensure public safety; or
(3) Cell searches, clothed
frisk searches of employees, visitors, and incarcerated individuals, and
facility searches in accordance with a correctional unit’s policy.
B. A correctional officer or
agent shall receive consent from an individual being recorded if required by
law.
C. Following the conclusion
of a discretionary use of the BWC, a correctional officer or agent shall follow
the procedures outlined in Regulation .06 of this chapter.
.10 Access, Storage, and
Retention of BWC Video.
A. Recordings or photographs
made with agency-issued BWC equipment are subject to the Maryland Public
Information Act (MPIA).
B. Pursuant to a correctional
unit’s policy, only authorized individuals are permitted to edit, alter,
delete, copy, share, or otherwise distribute any BWC recordings.
C. Each correctional unit’s
written policy shall include standards and procedures that address:
(1) Security and access
control; and
(2) Creation of an audit
trail and access logs.
D. A BWC recording shall be
uploaded and stored in a secured manner consistent with agency policy.
E. A BWC recording made under
Regulation .07 or .09 of this chapter shall be retained for the later of 3
years or the time required under all applicable laws and agency retention
schedules.
F. Strict digital security
procedures shall be established by a correctional unit for storing BWC
recordings to prevent unauthorized access, tampering, or deletion.
.11 Dissemination and Release
of Recordings.
A. BWC recordings and related
information subject to the MPIA shall be disseminated in accordance with the
MPIA.
B. A correctional unit shall
consult with counsel as necessary in responding to a MPIA request.
C. If a BWC recording is
associated with a criminal investigation, the correctional unit shall consult
with a criminal investigative unit or prosecuting attorney prior to release.
CAROLYN J. SCRUGGS
Chair, Correctional
Training Commission
