Title 08
DEPARTMENT OF NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE

08.02.03 Blue Crabs

Authority: Natural Resources Article, §§4-215 and 4-803, Annotated Code of Maryland

Notice of Proposed Action

[25-283-P]

The Secretary of Natural Resources proposes to amend Regulation .14 under COMAR 08.02.03 Blue Crabs.

Statement of Purpose

The purpose of this action is to modify the commercial crabbing day off rules in the Chesapeake Bay and its tidal tributaries. Specifically, the proposed action removes the prohibition on using a vessel for commercial crabbing purposes on the owner’s declared day off and removes the requirement to label vessels with the declared day off. Each licensed crabber is still limited to harvesting six days per week, but the vessel could be used seven days a week if there are multiple licensed commercial crabbers that use the vessel.

The prohibition on using a vessel for commercial crabbing purposes on the owner’s declared day off and the requirement to label the vessel with the day off were meant to aid in the enforcement of the rule that requires commercial crabbers to take at least one day off per week. That rule is in place to manage the fishing effort for crabs. At the time the rule was implemented, it was determined that the easiest way to enforce the rule was to have each licensee mark their vessel with their day off and to prohibit the vessel from being used for commercial crabbing purposes on that day. Additionally, it was generally understood that there was limited sharing of vessels between licensees, meaning that there was usually only one licensee that used each boat.

However, as both technology and the fishery have changed, the vessel day off has not. Due to a variety of factors, it is now more common for multiple licensees to share a single vessel. Enforcement is also now able to check the licensing database remotely to verify a licensee’s declared day off and their associated landing limits. If one licensee is acting as another licensee’s mate on their declared day off, the vessel would still be limited to the landing limit of the individual acting as that day’s captain, regardless of who actually owns the vessel.

Removing the vessel day off requirement also resolves a conflict when multiple family members own and utilize a single vessel. Removing the vessel day off will allow individuals to list different days off on their licenses to ensure that at least one family member is able to work each day, while the other family members act as their mate (not harvesting their bushel limit that day, only assisting the valid licensee in landing their limit).

The Department does not anticipate an increase in effort since the rule limiting licensees to six days of harvest remains unchanged. Allowing the vessel to be used seven days per week may spread harvest out over the course of the week, but harvest is not expected to increase.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action could have a positive impact on commercial licensees who share a vessel when harvesting blue crabs.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)		Magnitude
A. On issuing agency:	NONE
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Commercial Blue Crab Licensee	(+)	Indeterminable
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

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

D. Removing the requirement that a vessel take the day off that was declared by the owner of the vessel may give commercial licensees business flexibility. Each licensed crabber is still limited to harvesting six days per week, but the vessel could be used seven days a week if there are multiple licensed commercial crabbers that use the vessel. This means that if one crabber prefers to take Sunday off and the crabber that owns the vessel that they share prefers to take Monday off, both crabbers could now take their preferred day off and still be able to crab all of their six allowable days. Allowing the vessel to be used seven days per week may spread harvest out over the course of the week. The actual impact will vary by licensee and cannot be determined.

Economic Impact on Small Businesses

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

The proposed action could have a positive impact on commercial licensees. Please see the assumption in the Estimate of Economic Impact.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Blue Crab Day Off Regulations, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#craboff. Comments will be accepted through February 23, 2026. A public hearing will be held on Monday, February 2, 2026 at 1pm.

.14 General.

A. (text unchanged)

B. Commercial—General.

(1)—(2) (text unchanged)

[(3) The vessel of a person licensed to catch crabs for sale may not be used to set or retrieve gear or catch crabs for commercial purposes on the day or days on which the vessel's owner may not set or retrieve gear or catch crabs for commercial purposes.]

[(4)] (3)—[(15)] (14) (text unchanged)

C. Closed Day Declaration of Intent.

(1) (text unchanged)

[(2) Display of Declaration. The letters for the abbreviation of the day off shall be identified and displayed on the vessel and shall be painted or firmly attached to the port side near the stern of the vessel as follows:

(a) The letters shall be positioned in such a manner as to be clearly visible to persons in passing boats;

(b) The letters shall be plain vertical block characters of not less than 3 inches in height and shall contrast with the color of the background;

(d) The letters "MON" shall be displayed as the abbreviation for Monday.]

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

D. Alternate Closed Day.

(1) (text unchanged)

[(2) An alternate closed day shall be displayed on the vessel in the manner set forth in §C(2) of this regulation using the first three letters of the day of the week.]

[(3)] (2)—[(4)] (3) (text unchanged)

E.—G. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Notice of Proposed Action

[25-316-P]

The Secretary of Natural Resources proposes to:

(1) Amend Regulation .02 under COMAR 08.02.05 Fish;

(2) Amend Regulations .02, .09, and .12, and repeal existing Regulation .10 under COMAR 08.02.15 Striped Bass; and

(3) Amend Regulation .03 under COMAR 08.02.25 Gear.

Statement of Purpose

The purpose of this action is to implement the Atlantic States Marine Fisheries Commission’s (ASMFC) Addendum III to Amendment 7 to the Interstate Fishery Management Plan for Atlantic Striped Bass. The Addendum implements a standard method of measuring total length for size limit regulations and allows Maryland to change its Chesapeake Bay recreational season baseline. The proposed action:

(1) Modifies the definition of total length. Addendum III specifies that when measuring total length of a striped bass, it must be a straight-line measurement with the upper and lower forks of the tail squeezed together.

(2) Reestablishes the catch and release season for April.

(3) Reestablishes the season from May 1 through May 15 where an individual may harvest one fish per person per day between 19—24 inches total length.

(4) Removes the July 16 through July 31 no targeting closure and establishes a no targeting closure from August 1 through August 31.

(5) Changes the end date of the recreational season to December 5 of each year.

(6) Reorganizes the regulations to simplify the recreational and charter boat seasons making them easier to find and read.

(7) Adjusts the gear and bait rules to align with the recreational seasons.

(8) Allows for more access to recreational fishing opportunities without increasing mortality or total number of fish removed.

The ASMFC Striped Bass Management Board approved a stakeholder-developed and Department-sponsored proposal (Baseline Season Adjustment) to modify Maryland’s current recreational striped bass season with the goal of addressing the needs of the recreational community in Maryland while focusing on protections for the resident striped bass to reduce mortality and boost their survivability until migration. The Baseline Season Adjustment re-directs the Department’s current conservation approach (protection of large females) to one that provides protection to the more vulnerable (juvenile) resident population of striped bass in the Chesapeake Bay.

Atlantic Coast states have taken many steps to protect the large, spawning females through reductions in quotas, recreational size and creel limits, and closed seasons. This has resulted in complicated and segmented recreational fishing regulations. These management actions have resulted in increases in the numbers of large females, but the protection of the older and larger fish has not led to increases in numbers of young striped bass surviving and growing large enough to be caught. The proposed action simplifies striped bass regulations and refocuses management measures on protections to the smaller, resident population of striped bass to provide the best chance of survival to spawning and migration size while also providing anglers opportunities to fish for striped bass.

The proposed action removes the no-targeting restrictions in April and May. The no-targeting closure in April has been in place since 2020. The closure was extended through the first 15 days of May in 2024. The closures were intended to protect the large females in the population (female spawning stock biomass, or “SSB”) at a time when their abundance was low and the best available science at the time determined that this portion of the stock was overfished (SSB abundance was below the threshold reference point). The intent was that by protecting the larger females coming to spawn in the spring, the production of the young fish would also increase. After 5 years, there has been a healthy increase in the number of adult female fish; however, there has not been an increase in the production of young fish.

Concern has been raised about anglers interacting with and catching pre-spawning females during the month of April. Studies indicate that release mortality is low in April due to cool water and air temperatures which greatly increase survival of released fish. The past five years of implementation has demonstrated that there is little to no relationship between the number of large females in the population and a successful spawning event. Reopening the catch and release fishery in April is not expected to change the outcome of the spawn, which is known to be heavily influenced by environmental factors such as water/air temperature, precipitation, and storm events. The current population size of the large females is capable of producing a large year-class. Current scientific understanding is that increasing protection for the young resident fish, which are subject to high release mortality during the summer months, will likely minimize impact to the future spawning stock.

In order to ensure that striped bass caught and released in April and early May have a low release mortality, the proposed action extends the same gear rules that apply in March through May 15. That means stinger hooks are prohibited, there is a limit of 6 rods while trolling, and barbless hooks are required while trolling.

The proposed action removes the 15-day no-targeting closure in July that has been in place for five years, implements a no-targeting closure from August 1 through August 31, and clarifies the definition of “target” to more fully explain the types of behaviors that are prohibited during a no-targeting closure period. During the summer (especially July and August), young resident fish in the population are more vulnerable to mortality given the extreme temperatures and poor water quality that is prevalent during that time of year. As they age, these younger resident fish will leave the Chesapeake Bay to join the migratory spawning stock. A longer closure in August will protect the residents trying to survive, including those fish that would be caught and released. This is especially important since the resident abundance is low due to seven consecutive years of poor juvenile fish production.

The Baseline Season Adjustment reduces regulatory complexity, re-aligns Maryland seasons more closely with Chesapeake Bay jurisdiction neighbors (Virginia and Potomac River Fisheries Commission), and refocuses management efforts where needed given the status of the striped bass population along the coast.

Estimate of Economic Impact

I. Summary of Economic Impact. The changes in the proposed action address the current striped bass fishery challenges for all recreational anglers. The restructuring of the seasons allows for 30 fewer no-targeting days (proposal includes 31 no-targeting days instead of the 61 no-targeting days in the current regulation) and 35 more days of catch and release fishing open to all recreational anglers. While there will be five fewer days to harvest fish, the tradeoff shifts effort to accessing fish when water conditions allow for less release mortality, which adds protection to the younger, resident fish. Bringing fishing opportunities back to the spring will greatly benefit the communities around the Chesapeake Bay who rely on recreational fishing to support their businesses because people will have the ability to pursue one of the most popular fish in the Chesapeake Bay and its tidal tributaries during that time period. Moving the closure from July to August could lessen the impacts to small businesses because there are a number of other species to target in the Bay in August during the proposed month-long no-targeting closure on striped bass.

To improve long-term outcomes for the striped bass fishery, short-term changes could affect some parties more than others. Fishing practices may need to adapt to new seasons, away from traditional models, and reflect new management approaches. The Department believes that overall, the Baseline Season Adjustment will be a long-term benefit for all fishermen, regardless of fishing method or license type, because it offers more opportunities for all anglers to be on the water fishing for striped bass and helps businesses in local communities, like tackle shops, marinas, and restaurants.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:	NONE
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
(1) Fishing Guides/Charters	(-)	Indeterminable
(2) Fishing Guides/Charters	(+)	Indeterminable
E. On other industries or trade groups:
(1) Tackle Shops, Marinas, Hotels, Restaurants	(-)	Indeterminable
(2) Tackle Shops, Marinas, Hotels, Restaurants	(+)	Indeterminable
F. Direct and indirect effects on public:	NONE

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

D(1). August No-Targeting Closure and Season End Date. The prohibition on targeting striped bass from August 1 through August 31 in the Chesapeake Bay and its tidal tributaries and the season ending five days earlier in December may have an indeterminable negative impact on fishing guides and charter captains. The majority of the guided fishing trips that take place in the Chesapeake Bay occur during the summer months, so it is likely that prohibiting targeting striped bass for the entire month of August, rather than 15 days in July, will negatively impact some of the guide/charter operations. However, there is also a greater number of species to target in the Chesapeake Bay during the summer months, especially in August, so it is possible that some of these operations will be able to mitigate the impact of lost striped bass trips by offering trips targeting other species. The exact economic impact is not determinable because it is not possible to know how many trips were strictly for striped bass in August or how many fewer trips will be taken, as fishing guides and charter captains could choose to pursue other species during the striped bass closure.

D(2). Removal of April 1—May 15 No-Targeting Closure. Removing the prohibition on targeting striped bass from April 1 through May 15 in the Chesapeake Bay and its tidal tributaries will likely have an indeterminable positive impact on fishing guide and charter businesses. In 2018 and 2019, the years immediately prior to the initial creation of the closure, charter captains reported an average of slightly more than 200 trips in the months of March and April to the Department. The majority of those trips occurred starting on the third Saturday in April, which is when the spring striped bass fishery opened in previous years. Since the creation of the closure, some charter captains reported moving their business out of State for April. Opening April and early May to fishing will likely result in opportunities to book trips. Because it is not possible to know how business models changed over the last five years, it is not possible to determine the actual economic impact of these measures. Additionally, prior to the closure, according to the Marine Recreational Information Program (MRIP) a large number of for-hire trips occurred in the Maryland portion of the Chesapeake Bay during March and April, largely centering around the catch-and-release striped bass fishery. While we cannot determine what proportion of these trips occurred during April, it is likely that there will be substantial positive impacts to individuals whose businesses rely on guiding trips during this time.

E(1). August No-Targeting Closure and Season End Date. Prohibiting the targeting of striped bass in August could have an indeterminable negative impact on tackle shops, marinas, hotels, and restaurants. With less time available to pursue one of the most popular fish in the Chesapeake Bay and its tidal tributaries, anglers may have less need for tackle and may take fewer trips, resulting in less marine fuel being purchased as well as the loss of any other incidental sales that would have resulted from the refueling stop. It is not possible to know how many fewer trips will be taken, as anglers could choose to pursue other species during the striped bass closure, so the total economic impact is not determinable.

E(2). Removal of April 1—May 15 No-Targeting Closure. Bringing fishing opportunities back to the spring will greatly benefit the communities around the Chesapeake Bay who rely on recreational fishing to support their businesses because people will have the ability to pursue one of the most popular fish in the Chesapeake Bay and its tidal tributaries during that time period. With more time available to pursue one of the most popular fish in the Chesapeake Bay and its tidal tributaries, anglers will likely have greater need for tackle and will take additional trips, resulting in more marine fuel being purchased as well as any other incidental sales that will result from the refueling stop. It is not possible to know how many more trips will be taken so while the action is anticipated to result in a positive impact to these businesses, the total economic impact is not determinable.

Economic Impact on Small Businesses

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

The proposed action will likely impact small businesses. Please see the assumptions in the estimate of economic impact for analysis.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Striped Bass Regulations, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Avenue, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#sbrec. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

08.02.05 Fish

Authority: Natural Resources Article, §§4-215, 4-219, and 4-2A-03, Annotated Code of Maryland

.02 General Fishing Prohibitions.

A.—D. (text unchanged)

E. A person may [not] use eels as bait while fishing with hook and line in the tidal waters of the Chesapeake Bay and its tributaries[, except for a recreational, charter, or commercial hook and line fisherman authorized to participate in and fish during summer and fall striped bass seasons established in COMAR 08.02.15] only from:

(1) May 16 through July 31; and

(2) September 1 through December 5.

F.—M. (text unchanged)

08.02.15 Striped Bass

Authority: Natural Resources Article, §§4-206, 4-215, 4-221, 4-2A-03, and 4-732, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(12) (text unchanged)

(13) ”Total length” means the [distance from the tip of the snout to the end of the longest lobe of the extended tail of a fish] greatest straight line length in inches as measured on a fish laid flat on its side on top of the measuring device with its mouth closed from the anterior-most tip of the jaw or snout to the farthest extremity of the tail with the upper and lower fork of the tail squeezed together.

(14)—(15) (text unchanged)

.09 Recreational and Charter Boat [Summer and Fall] Striped Bass Fishery in the Chesapeake Bay and Its Tidal Tributaries.

A. [Early Season.] Seasons and Areas.

[(1) The recreational and charter boat early summer and fall season for taking striped bass is May 16 through May 31.

(2) Catch Restrictions.

(a) A person may not catch or possess more than one striped bass per day.

(b) A person may not catch or possess striped bass less than 19 inches in total length.]

[(3)] (1) [Open Areas. A] From May 1 through May 15, a person may [only] catch or possess striped bass [during the recreational and charter boat early summer and fall season] only in the following areas:

(a) (text unchanged)

(b) Between the William Preston Lane Jr. Memorial Bridge northern span and the Maryland-Virginia state line excluding all bays, sounds, tributaries, creeks, and rivers, except Tangier Sound and Pocomoke Sound.

(c) All of the Maryland waters of the Potomac River, and its tidal tributaries, downstream of a line beginning at a point at or near the east end of the Nice Memorial Bridge (U.S. 301), defined by Lat. 38°21.55'N and Long. 77°00.90'W; then running approximately 80° True to a point at or near the west end of the Nice Memorial Bridge, defined by Lat. 38°21.81'N and Long. 76°59.00'W; and upstream of a line beginning at a point at or near the shore at the north side of the north jetty at Smith Point, defined by Lat. 37°53.40'N and Long. 76°14.23'W; then running approximately 335° True to a point at or near Point Lookout, defined by Lat. 38°02.25'N and Long. 76°19.34'W.

(2) From May 16 through May 31, a person may catch or possess striped bass only in the following areas:

(a) All of the areas listed in Section A(1) of this regulation;

(b) [Additional areas open north of the William Preston Lane Jr. Memorial Bridge northern span:

(i)] All of the waters of the Chesapeake Bay enclosed by a line beginning at a point at or near North Point, defined by Lat. 39°11.71'N and Long. 76°26.53'W; then running approximately 156° True to a point at or near Buoy “2B” at the mouth of the Patapsco River, defined by Lat. 39°10.71'N and Long. 76°25.95'W; then running approximately 111° True to a point at or near Buoy “10”, defined by Lat. 39°10.35'N and Long. 76°24.74'W; then running approximately 110° True to a point at or near Buoy “8”, defined by Lat. 39°10.00'N and Long. 76°23.51'W; then running approximately 112° True to a point at or near Buoy “6”, defined by Lat. 39°09.61'N and Long. 76°22.30'W; then running approximately 111° True to a point at or near Buoy “4”, defined by Lat. 39°09.24'N and Long. 76°21.08'W; then running approximately 111° True to a point at or near Buoy “2BE”, defined by Lat. 39°08.92'N and Long. 76°19.98'W; then running approximately 90° True to a point at or near Buoy “12”, defined by Lat. 39°08.91'N and Long. 76°19.15'W; then running approximately 91° True to a point at or near Swan Point, defined by Lat. 39°08.88'N and Long. 76°16.69'W, then running northerly along the shore of Kent County to a point at or near the end of Maryland Route 21 at Tolchester, defined by Lat. 39°12.91'N and Long. 76°14.63'W; then running approximately 282° True to a point at or near the south corner of the Hart-Miller Island dike, defined by Lat. 39°14.23'N and Long. 76°22.44'W; then running north and west along the Hart-Miller shoreline to a point at or near the west end of Hart-Miller Island, defined by Lat. 39°14.36'N and Long. 76°23.19'W; then running approximately 206° True to a point at or near the east end of Pleasure Island, defined by Lat. 39°14.23'N and Long. 76°23.27'W; then running southwesterly along the Chesapeake Bay shoreline to a point at or near the West end of Pleasure Island, defined by Lat. 39°13.85'N and Long. 76°23.65'W; then running approximately 245° True to a point at or near the east end of Patapsco River Neck, defined by Lat. 39°13.76'N and Long. 76°23.91'W; then running southwesterly along shore to a point at or near the east entrance of Shallow Creek, defined by Lat. 39°12.25'N and Long. 76°25.95'W; then running approximately 251° True to a point at or near the west entrance of Shallow Creek, defined by Lat. 39°12.19'N and Long. 76°26.20'W; then running southwesterly along shore to the point of beginning, defined by Lat. 39°11.72'N and Long. 76°26.53'W;

[(ii)] (c) (text unchanged)

[(c) Between the William Preston Lane Jr. Memorial Bridge northern span and the Maryland-Virginia state line excluding all bays, sounds, tributaries, creeks, and rivers, except Tangier Sound and Pocomoke Sound and as provided in §A(3)(d)—(f) of this regulation.]

(d)—(e) (text unchanged)

(3) Except for the closure specified in COMAR 08.02.15.12I(5), from June 1 through December 5, a person may catch or possess striped bass in the Chesapeake Bay and its tidal tributaries, including the Maryland tributaries of the Potomac River.

[B. Summer and Fall Season.

(1) Except for the closure specified in Regulation .12I(6) of this chapter, the recreational and charter boat summer and fall season for taking striped bass is June 1 through December 10.

(2) The areas subject to the provisions of §B(1) of this regulation are the Chesapeake Bay and its tidal tributaries except for the tributaries of the Potomac River.]

[(3)] B. Catch Restrictions.

[(a)] (1)—[(b)] (2) (text unchanged)

(3) A person may not catch or possess striped bass greater than 24 inches in total length.

C. (text unchanged)

.12 General Restrictions.

A.—F. (text unchanged)

G. Restrictions for Charter Boats.

(1) [During] Except as provided in COMAR 08.02.13.06, during a chartered fishing trip, the captain or mate may not land or possess striped bass for personal consumption.

(2) A fishing guide licensee may not make more than two [charter] guided fishing trips daily to fish for striped bass.

H. (text unchanged)

I. Seasonal Restrictions for the Recreational and Charter Boat Fishery.

(1) Definition.

(a) (text unchanged)

(b) Term Defined. "Target" means to catch, [or] attempt to catch, harm, harass, or pursue.

(2) Except as provided in Regulation .09 of this chapter and in §I(3) and (4) of this regulation, a person may not target striped bass or striped bass hybrids in the striped bass spawning rivers and areas listed in Regulation .03B of this chapter during the period March 1 through [March] May 31.

(3) During the period March 1 through March 31, inclusive, a person authorized in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to recreationally angle for finfish may hook striped bass and shall immediately release the striped bass unharmed to the water from which the striped bass was taken in the following areas:

(a) Susquehanna Flats, upstream of a line from a point at or near Sandy Point, defined by Lat. 39°26.96' N and Long. 76°03.63' W; then running in an easterly direction to a point at or near Turkey Point, defined by Lat. 39°27.13' N and Long. 76°00.70' W and the Susquehanna River downstream from a line connecting a point at or near the Susquehanna State Park boat ramp in Lapidum, defined by Lat. 39°35.86' N and Long. 76°07.67' W; then running in a northeasterly direction to a point at or near Twin Rocks, defined by Lat. 39°36.17' N and Long. 76°07.56' W; then running in a northeasterly direction to a point at or near Tomes Wharf in Port Deposit, defined by Lat. 39°36.23' N and Long. 76°06.99' W; and

(b) Northeast River[; and].

[(c) The area of the Chester River on the north side of Kent Narrows and bounded on the southern side by the southernmost edge of the old Route 50 bridge and, on the northern side, by a line beginning at a point (east tip of Ferry Point) defined by Lat. 38°58.820'N and Long. 76°14.627'W; then running approximately 92° True to a point (northwest tip of Long Point) defined by Lat. 38°58.798'N and Long. 76°13.825'W.]

[(4) During the period April 1 through May 15, a person may not target striped bass or striped bass hybrids in the Chesapeake Bay or its tidal tributaries.

(5) During the period May 16 through May 31, except as provided in Regulation .09 of this chapter and §I(6) of this regulation, a person may not target striped bass or striped bass hybrids in the striped bass spawning rivers and areas listed in Regulation .03B of this chapter.]

[(6)] (4) During the period [May 16] March 1 through May 31, a person authorized in accordance with Natural Resources Article, §4-745, Annotated Code of Maryland, to recreationally angle for finfish may hook striped bass and shall immediately release the striped bass unharmed to the water from which the striped bass was taken in that area of the Chester River on the north side of Kent Narrows and bounded on the southern side by the southernmost edge of the old Route 50 bridge and, on the northern side, by a line beginning at a point (east tip of Ferry Point) defined by Lat. 38°58.820'N and Long. 76°14.627'W; then running approximately 92° True to a point (northwest tip of Long Point) defined by Lat. 38°58.798'N and Long. 76°13.825'W.

[(7)] (5) During the period [July 16 through July 31] August 1 through August 31, a person may not target striped bass or striped bass hybrids in the Chesapeake Bay or its tidal tributaries.

08.02.25 Gear

Authority: Natural Resources Article, §§4-215 and 4-221, Annotated Code of Maryland

.03 Recreational Gear—Tidal Waters.

A. (text unchanged)

B. Hook Requirements—Chesapeake Bay and Its Tidal Tributaries.

(1)—(2) (text unchanged)

(3) During the period March 1 through [March 31] May 15, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

(a)—(c) (text unchanged)

[(4) During the period April 1 through May 15, a person recreationally angling in the Chesapeake Bay or its tidal tributaries:

(a) May not use stinger hooks; and

(b) In addition to the requirements in §§B(1) and (2) of this regulation, when using fish, crabs, or worms as bait, or processed bait, shall only use a:

(i) Circle hook; or

(ii) “J” hook with a gap of less than or equal to 1/2 inch between the point and the shank.]

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

C.—D. (text unchanged)

E. Active Line Fishing Gear.

(1)—(4) (text unchanged)

(5) During the period March 1 through [March 31] May 15, no more than six lines, regardless of the number of people on board a vessel, may be used for recreationally angling from a boat when trolling in the Chesapeake Bay or its tidal tributaries.

[(6) During the period April 1 through May 15, a person recreationally angling in the Chesapeake Bay or its tidal tributaries may not attempt to catch fish by trolling.]

F.—I. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

08.02.08 Shellfish—General

Authority: Natural Resources Article, §§4-743 and 4-11A-13, Annotated Code of Maryland

Notice of Proposed Action

[25-278-P]

The Secretary of Natural Resources proposes to amend Regulation .01 under COMAR 08.02.08 Shellfish-General.

Statement of Purpose

The purpose of this action is to update the definition of shellfish to reflect a change made by the Maryland General Assembly in the 2024 Legislative Session (2024 Md. Laws, Chap. 114). Specifically, the proposed action removes the list of species and their shells from the definition and replaces the list with the phrase “live bivalves and bivalve shells.”

The regulation requires an individual to obtain a permit prior to importing shellfish. Updating the definition to mean live bivalves and bivalve shells ensures that any imported shellfish or shells, regardless of the species, are free of pathogens and will not endanger shellfish in Maryland. It also reduces confusion regarding when an import permit is required.

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 Shellfish-General (Definitions) Regulations, Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating Services, 580 Taylor Avenue, E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at https://dnr.maryland.gov/fisheries/pages/regulations/changes.aspx#shelldef. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

.01 Importation of Shellfish.

A. Definition.

(1) In this regulation, the following term has the meaning stated [term "shellfish" includes live oysters, seed oysters, oyster shells, live hard-shell clams, live soft-shell clams, and clam shells].

(2) Term Defined. “Shellfish” means live bivalves and bivalve shells.

B. Permit Required. A person may not import or possess within the State shellfish taken from waters outside the waters of the State for planting in the waters of the State, unless [he] they first obtains a permit from the Department. The Department shall issue a permit if presented with proof satisfactory to the Department that the shellfish will not be harmful to Maryland shellfish.

C. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Subtitle 18 BOATING—SPEED LIMITS AND OPERATION OF VESSELS

08.18.16 Nanticoke River

Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland

Notice of Proposed Action

[25-270-P]

The Secretary of Natural Resources proposes to amend Regulation .02 under COMAR 08.18.16 Nanticoke River.

Statement of Purpose

The purpose of this action is to combine two existing speed zones in Marshyhope Creek, a tributary of the Nanticoke River, into one continuous speed zone. Currently, there is a small seasonal (March 1 through June 15) minimum wake speed zone in the lower Marshyhope Creek adjacent to a larger year-round minimum wake speed zone in the upper Marshyhope Creek. The proposed action combines the areas and increases the speed limit for the entire area to 6 knots at all times. The proposed action addresses the need to clarify and simplify the speed zones on Marshyhope Creek.

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 Nanticoke River Boating Regulations, Regulatory Staff, Maryland Department of Natural Resources, Fishing and Boating Services, 580 Taylor Avenue., E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected], or complete the comment form at https://dnr.maryland.gov/boating/Pages/regulations/changes_boating.aspx#dorchester.. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

.02 Marshyhope Creek.

A. [Lower Marshyhope Creek encompasses the area] Area. All of the waters upstream of a line beginning at a point at or near Lat. 38° 39.680' N., Long. 75° 47.815' W., then running 147° [(]True[)] to a point[,] at or near Lat. 38° 39.653' N., Long. 75° 47.793' W.[, then running 99° (True) to a point, at or near Lat. 38° 39.625' N., Long. 75° 47.570' W., then running 180° (True) to a point, at or near Lat. 38° 39.577' N., Long. 75° 47.570' W. This area has a minimum wake zone from March 1 through June 15.]

[B. Upper Marshyhope Creek encompasses the area beginning at a point at or near Lat. 38° 39.625' N., Long. 75° 47.570' W., then running 180° (True) to a point, at or near Lat. 38° 39.577' N., Long. 75° 47.570' W., and running to the head of the creek. This area has a minimum wake zone all year.]

B. The speed limit for the area described in §A of this regulation is 6 knots all year.

JOSH KURTZ
Secretary of Natural Resources

08.18.20 Patuxent River

Authority: Natural Resources Article, §§8-703 and 8-704, Annotated Code of Maryland

Notice of Proposed Action

[25-262-P]

The Secretary of Natural Resources proposes to amend Regulation .03 under COMAR 08.18.20 Patuxent River.

Statement of Purpose

The purpose of this action is to create a new speed zone in Cuckold Creek, a tributary of the Patuxent River in the area of Clarks Landing. The new area encompasses the entrance channel of Cuckold Creek. The proposed action creates a speed limit of 6 knots on Saturdays, Sundays, and State holidays during the boating season.

The proposed action slows vessel speeds at a popular area for recreational use and addresses safety concerns as vessels travel between Cuckold Creek and the Patuxent River. Creating a speed zone in the area allows boaters to safely transit the area and use the facilities at a nearby marina.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action has a negative economic impact on the Department.

II. Types of Economic Impact.

Impacted Entity	Revenue (R+/R-) Expenditure (E+/E-)	Magnitude
A. On issuing agency:
Speed Zone Buoys	(E+)	$1,950
B. On other State agencies:	NONE
C. On local governments:	NONE
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:	NONE
E. On other industries or trade groups:	NONE
F. Direct and indirect effects on public:	NONE

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

A. This action requires the Department to purchase three new buoys to delineate the speed zone. The buoys are approximately $650 each. The waterway improvement fund has money designated to mark waterways, which includes setting, retrieving, and maintaining buoys. The impact of this regulation is a one-time purchase of three new buoys for marking the area. Staff will set, retrieve, and maintain buoys and Natural Resources Police officers will enforce the speed limit in the course of their normal duties.

Economic Impact on Small Businesses

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

Small businesses in the area will not incur any direct financial cost as a result of this rule change, but the behavior of boaters in the area will be restricted. The benefit of that restriction is increased boater safety. There is a marina with a fuel dock and a restaurant in the affected area that may benefit from slower vessel speeds in the vicinity of their business. However, the actual impact is indeterminable.

Impact on Individuals with Disabilities

The proposed action has no impact on individuals with disabilities.

Opportunity for Public Comment

Comments may be sent to Boating Regulations for Cuckold Creek, Regulatory Staff, Maryland Department of Natural Resources Fishing and Boating Services, 580 Taylor Ave., E-4, Annapolis, MD 21401, or call 410-260-8300, or email to [email protected] or complete the comment form at https://dnr.maryland.gov/boating/Pages/regulations/changes_boating.aspx#stmarys. Comments will be accepted through February 23, 2025. A public hearing has not been scheduled.

.03 Patuxent River South Shore.

A. (text unchanged)

B. [Cockhold] Cuckold Creek [encompasses the area beginning at a point, at or near Lat. 38° 20.988 N., Long. 76° 30.857 W., then running 344° (True) to a point, at or near Lat. 38° 21.257 N., Long. 76° 30.953 W., and running to the head of the creek, including all tributaries. This area has a 6-knot speed limit Saturdays, Sundays, and State holidays, all year].

(1) Areas.

(a) All of the waters upstream of a line beginning at a point at or near Lat. 38° 20.988 N., Long. 76° 30.857 W., then running 344° True to a point at or near Lat. 38° 21.257 N., Long. 76° 30.953 W.

(b) All of the waters enclosed by a line beginning at a point at or near Lat. 38°20.345' N., Long. 76°30.118' W., then running 294° True to a point at or near Lat. 38°20.392' N., Long. 76°30.252' W., then running along the shore to a point at or near Lat. 38°20.580' N., Long. 76°30.200' W., then running 29° True to a point at or near Lat. 38°20.688' N., Long. 76°30.125' W., then running along the shore to a point at or near Lat. 38°20.563' N., Long. 76°30.020' W., then running 116° True to a point defined by Lat. 38°20.518' N., Long. 76°29.905' W., then running 194° True to a point defined by Lat. 38°20.410' N., Long. 76°29.940' W., then running 247° True to a point at or near Lat. 38°20.380' N., Long. 76°30.028' W., then running along the shore to the point of beginning.

(2) Speed Limits.

(a) The speed limit for the area described in §B(1)(a) of this regulation is 6 knots Saturdays, Sundays, and State holidays, all year.

(b) The speed limit for the area described in §B(1)(b) of this regulation is 6 knots Saturdays, Sundays, and State holidays during the boating season.

C.—G. (text unchanged)

JOSH KURTZ
Secretary of Natural Resources

Title 09
MARYLAND DEPARTMENT OF LABOR

Subtitle 08 HOME IMPROVEMENT COMMISSION

Notice of Proposed Action

[25-312-P]

The Department of Labor, Division of Occupational and Professional Licensing, proposes to:

(1) Amend Regulations .01, .03,and .04, and adopt new Regulation .28 under COMAR 09.08.01 General Regulations;

(2) Amend Regulation .02, under COMAR 09.08.06 Civil Citations; and

(3) Amend Regulation .02 under COMAR 09.08.07 Fees.

Statement of Purpose

The purpose of this action is to establish a special solar contractor license in accordance with Public Utilities Article, §7-320(c), 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 David Finneran, Executive Director, Maryland Home Improvement Commission, Maryland Department of Labor, 3rd Floor, 100 S Charles Street, Tower 1, Baltimore, MD 21201, or call 410-230-6231, or email to [email protected]. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

09.08.01 General Regulations

Authority: Business Regulation Article, §§8-207(a), 8-212(a)(1) and (2), 8-309, 8-311(a)(11)—(13), 8-501(c)(1)(ix), and 8-616, Annotated Code of Maryland

.01 Definitions.

A. The definitions contained in Business Regulation Article, §8-101, Annotated Code of Maryland, are incorporated into these regulations, by reference[, as Regulation .01].

B. “Home improvement,” as defined in Business Regulation Article, §8-101, Annotated Code of Maryland, includes the installation and maintenance of residential rooftop solar energy generating systems.

C. “Minimum standards for product design” means the standards imposed by applicable local electrical, building, and fire codes, applicable federal and State law, and standards imposed by the pertinent electric utility if a residential rooftop solar energy generating system is to be connected to the electric grid.

D. “Owner” includes a homeowner, tenant, or other person who buys, contracts for, orders, or is entitled to a home improvement.

E. “Residential rooftop solar energy generating system” means a solar energy generating system installed on a rooftop of a house, townhouses, or an apartment building that contains no more than three single-family units.

F. Solar Contractor.

(1) “Solar contractor” means a person, other than employee of an owner, who offers or agrees to install or perform maintenance on a residential rooftop solar energy generating system for an owner.

(2) “Solar contractor” does not include an electrician licensed by the Maryland Board of Electricians who installs or performs maintenance on a residential rooftop solar energy generating system pursuant to a contract with:

(a) A solar contractor to perform all or part of a home improvement contract; or

(b) Another subcontractor who has a contract with a solar contractor to perform all or part of a subcontract to a home improvement contract.

G. “Solar contractor license” means a license issued by the Commission to act as a solar contractor.

.03 [Licenses for Contractors and Salesmen] Solar Contractors.

All contractors [and salesmen required to be licensed shall have licenses] that act as a solar contractor must hold a solar contractor license on and after [October 1, 1962] July 1, 2026.

.04 Corporate or Partnership Licensure.

A. License Required.

(1) A corporation or partnership may not act as a home improvement contractor unless it obtains a corporate or partnership [home improvement contractor's] contractor license.

(2) A corporation or partnership may not act as a solar contractor unless it obtains a corporate or partnership solar contractor license.

B. Individual Licensee Required.

(1) [In order to] To obtain and maintain a corporate or partnership [home improvement] contractor license, the corporation or partnership shall employ one individual licensed contractor who shall be in responsible charge of the corporation's or partnership's home improvement work.

(2) To obtain and maintain a corporate or partnership solar contractor license, the corporation or partnership’s individual licensed contractor in responsible charge of the corporation's or partnership's home improvement work must hold an individual solar contractor license.

C.—E. (text unchanged)

.28 Residential Rooftop Solar Energy Generating System Installation and Maintenance.

A. A person must have a solar contractor license whenever the person acts as a solar contractor.

B. Only individuals who hold an electrician license issued by the Maryland Board of Electricians may install or perform maintenance on the electrical components of a residential rooftop solar energy generating system.

C. Solar Contractor Licensing.

(1) An applicant for a solar contractor license must have an active contractor license.

(2) An applicant for a solar contractor license shall:

(a) Submit to the Commission a complete application on the form that the Commission provides;

(b) Certify, under oath, that the applicant:

(i) Understands and will comply with Public Utilities Article, §7-320(b), Annotated Code of Maryland; and

(ii) Will employ licensed electricians to install or perform maintenance on the electrical components of residential rooftop solar energy generating systems.

(3) Unless otherwise provided in this subtitle, the provisions of Business Regulation Article, §§8-305—8-317, Annotated Code of Maryland, and COMAR 09.08.01 apply to solar contractor license applicants and licensees.

D. Nothing in this regulation is to be construed to require a licensed electrician who is acting within the scope of their license and who does not offer or agree to install or perform maintenance on a residential rooftop solar energy generating system for an owner to hold a solar contractor license.

09.08.06 Civil Citations

Authority: Business Regulation Article, §§8-207(a) and 8-620(c)(1), Annotated Code of Maryland

.02 Violation.

A.—DD. (text unchanged)

EE. Offering to act as a solar contractor without a solar contractor license issued by the Commission:

(1) First violation—$1,000; and

(2) Second or subsequent violation—$3,000.

FF. Acting as a solar contractor without a solar contractor license issued by the Commission:

(1) First violation—$1,500; and

(2) Second or subsequent violation—$5,000.

GG. Falsely certifying that a residential rooftop solar energy generating system is compliant with all federal, State, and local laws regarding workmanship or that the solar panels, inverters, racking systems, and all other components meet the minimum standards for product design.

(1) First violation—$1,500; and

(2) Second or subsequent violation—$5,000.

09.08.07 Fees

Authority: Business Regulation Article, §§2-106.11, 2-106.12, 8-207, 8-209, 8-210, 8-213, 8-302, 8-303, 8-308, and 8-308.1, Annotated Code of Maryland

.02 Schedule of Fees.

A. Pursuant to Business Regulation Article, §8-213, Annotated Code of Maryland, the Commission shall set fees to produce funds to approximate the cost of maintaining the Commission. Fees charged by the Commission are as follows:

(1) License application fees:

(a) (text unchanged)

(b) Salesperson—$112.50; [and]

(c) Solar contractor—$50; and

[(c)] (d) (text unchanged)

(2) License renewal fees:

(a) Contractor—$281.25 for each place of business of the contractor; [and]

(b) Salesperson—$112.50; and

(c) Solar contractor—$25;

(3) Inactive status fees:

(a) (text unchanged)

(b) Renewal fees while license is in inactive status:

(i) Contractor—$126.75; [and]

(ii) Salesperson—$42.25; and

(iii) Solar contractor—$10;

(4)—(5) (text unchanged)

B. (text unchanged)

KENNETH SIGMAN
Assistant Attorney General

Subtitle 10 RACING COMMISSION

09.10.03 Prohibited Acts

Authority: Business Regulation Article, §11-210, Annotated Code of Maryland

Notice of Proposed Action

[25-308-P]

The Maryland Racing Commission proposes to amend Regulation .09 under COMAR 09.10.03 Prohibited Acts.

Statement of Purpose

The proposed action does two things. First, it gives the Commission more authority to appoint an individual to take samples. The regulations would now state that an “authorized official designated by the Commission” shall take the sample as opposed to “A state veterinarian.” This change would allow for someone other than a veterinarian to take a sample. Second, the proposed action expands the timeframe in which a sample can be taken. The sample may be taken after the horse has been washed down.

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 Christopher Merz, Executive Director, Maryland Racing Commission, 300 E Towsontown Blvd., Towson, MD 21286, or call 443-571-2855, or email to [email protected]. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

.09 Equine Specimen Testing.

A.—C. (text unchanged)

D. [A State veterinarian] An authorized official designated by the Commission, in the presence of the owner, trainer, or designated representative and the Commission representative, shall verify the horse's identifying [tatoo] tattoo or microchip number before taking a blood sample from the horse.

E.—F. (text unchanged)

G. Blood.

(1) After the horse has been washed down, [but not less than 30 minutes following the running of the race, a State veterinarian,] an authorized official designated by the Commission shall extract two tubes of blood from the horse.

(2)—(3) (text unchanged)

H.—I. (text unchanged)

GEORGE MAHONEY
Chair, Maryland Racing Commission

Title 10
MARYLAND DEPARTMENT OF HEALTH

Subtitle 01 PROCEDURES

10.01.15 Exemption from Self-Referral Laws

Authority: Health-General Article, §2-104(b); Health Occupations Article, §1-301 et seq., Annotated Code of Maryland

Notice of Proposed Action

[25-310-P]

The Secretary of Health proposes to amend Regulations .02, .03, and .05—.07 under COMAR 10.01.15 Exemption from Self-Referral Laws.

Statement of Purpose

The purpose of this action is to:

(1) Clarify procedures for the submission of an exemption request or exemption renewal to the Secretary;

(2) Outline responsibilities of the Secretary in requesting advice/guidance from the Maryland Health Care Commission; and

(3) Make other technical and clarifying amendments.

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 February 23, 2026. A public hearing has not been scheduled.

.02 Definitions—Applicable to Health Occupations Article, §1-301 et seq., Annotated Code of Maryland.

A. (text unchanged)

B. Terms Defined.

(1) “Group practice” [means a group of two or more health care practitioners legally organized as a partnership, professional corporation, limited liability company, foundation, not-for-profit corporation, faculty practice plan, or similar association:

(a) In which each health care practitioner who is a member of the group as defined in this chapter provides substantially the full range of services which the practitioner routinely provides through the joint use of shared office space, facilities, equipment, and personnel;

(b) For which substantially all, that is, at least 75 percent, of the patient care services of all of the health care practitioners who are members of the group are provided through the group and are billed under a billing number assigned to the group and amounts so received are treated as receipts of the group; and

(c) In which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined on an annual basis by members of the group] has the meaning stated in Health Occupations Article, §1-301, Annotated Code of Maryland.

(2) Health Care Service.

(a) “Health care service” [means medical procedures, tests, and services provided to a patient by or through a health care entity, including supplies, drugs, and items furnished to a patient by a health care entity] has the meaning stated in Health Occupations Article, §1-301, Annotated Code of Maryland.

(b) “Health care service” includes but is not limited to:

(i) Supplies;

(ii) Drugs; and

(iii) Items furnished to a patient by a health care entity.

(3)—(7) (text unchanged)

.03 Definitions—For Exemption from Self-Referral Laws.

A. (text unchanged)

B. Terms Defined.

(1) (text unchanged)

(2) “Department” means the Maryland Department of Health.

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

[(3)] (4) “Health care entity” [means a business entity that provides health care services for the:

(a) Testing, diagnosis, or treatment of human disease or dysfunction; or

(b) Dispensing of drugs, medical devices, medical appliances, or medical goods for the treatment of human disease or dysfunction] has the meaning stated in Health Occupations Article, §1-301, Annotated Code of Maryland.

[(4)] (5) Health Care Practitioner.

(a) “Health care practitioner” [means a person who is licensed, certified, or otherwise authorized under the Health Occupations Article, Annotated Code of Maryland, to provide health care services in the ordinary course of business or practice of a profession] has the meaning stated in Health Occupations Article, §1-301, Annotated Code of Maryland.

(b) “Health care practitioner” does not include a mortician, an assisted living manager, or a nursing home administrator, unless the mortician, assisted living manager, or nursing home administrator is licensed, certified, or otherwise authorized under the Health Occupations Article, Annotated Code of Maryland, to provide health care services by any board other than the Board of Morticians and Funeral Directors or the Board of [Nursing Home] Long-Term Care Administrators.

[(5)] (6) [“MHCC”] “Maryland Health Care Commission (MHCC)” means the Maryland Health Care Commission.

(7) “Referral” has the meaning stated in Health Occupation Article, §1-301, Annotated Code of Maryland.

(8) “Requestor” means an individual other than the health care practitioner who is an attorney admitted to the Maryland Bar or specially admitted to practice law in the State under Maryland Rules Title 19.

[(6)] (9) “Secretary” means the Secretary of the Maryland Department of Health or their designee.

[(7)] (10) (text unchanged)

.05 Request for Exemption.

A. A health care practitioner who has or wishes to have a beneficial interest in a health care entity may request from the Secretary an exemption from the self-referral laws.

B. In order for a health care practitioner to obtain an exemption by the Secretary from the self-referral laws, the health care practitioner shall make a request to the Secretary in the manner specified by the Department that:

(1) (text unchanged)

(2) Demonstrates to the Secretary's satisfaction that the health care practitioner's beneficial interest is:

(a) Essential to finance and to provide the health care entity[,]; and

(b) Needed to ensure appropriate access for the community to the services provided at the health care entity[.];

(3) (text unchanged)

(4) Provides the health care practitioner’s:

(a) Name;

(b) Licensing board;

(c) License number;

(d) License expiration date;

(e) Business address; and

(f) Business telephone number;

(5) (text unchanged)

[(4)] (6) Includes an [agreement] attestation in writing that, if the health care practitioner seeks renewal of an exemption from the Secretary and the Secretary no longer deems the beneficial interest to be essential, the practitioner [will] shall:

(a) [Pledge in writing to the Secretary that the health care entity shall immediately] Immediately cease accepting any referrals from sources prohibited under Health Occupations Article, §1-301 et seq., Annotated Code of Maryland[,]; or

(b) (text unchanged)

C. Request to MHCC.

(1) The Secretary shall request, in writing, the advice of the Executive Director of the MHCC concerning whether the beneficial interest is needed to ensure appropriate access for the community to the services provided at the health care entity.

(2) The Secretary shall provide, with the request to the Executive Director of the MHCC, a copy of any materials submitted to the Department in accordance with §B of this regulation and any additional items which may be pertinent to the MHCC’s review.

(3) The Secretary shall follow the timetable set forth in Regulation .06 of this chapter.

D. (text unchanged)

E. If additional information is needed by the Secretary or the Executive Director of MHCC for their determination, the Department may ask the health care practitioner to provide additional information to establish that the practitioner’s beneficial interest is:

(1) Essential to finance and to provide the health care entity; and

(2) Needed to ensure appropriate access for the community to the services provided at the health care entity.

.06 Timetable for the Secretary’s Action.

A. The Secretary shall make the required determinations within 90 calendar days following receipt of a health care practitioner's request for exemption.

B. The Secretary shall request advice from the Executive Director of the MHCC as to whether the health care entity is needed to ensure appropriate access for the community to the services provided at the health care entity within 30 calendar days of receipt of the health care practitioner’s request for exemption.

[B.] C. The Executive Director of the MHCC shall advise the Secretary as to whether the health care entity is needed to ensure appropriate access for the community to the services provided at the health care entity within 60 calendar days after receipt of the Secretary's letter.

.07 Renewal of Exemption.

A. (text unchanged)

B. The exemption expires at the end of its term, unless the exemption is renewed [as provided by this chapter] in accordance with this regulation.

C. (text unchanged)

D. Each health care practitioner who has been exempted by the Secretary from the prohibition on self-referral as an essential health care entity needed for access to health care shall renew the health care practitioner's exemption status [on a form] in the manner provided by the [Secretary or the Secretary's designee] Department at the time of licensure, certification, or other form of practice renewal authorized under the Health Occupations Article, Annotated Code of Maryland, within the time period specified on the form.

E. At a minimum, the health care practitioner shall provide, at the time of renewal, to the Department:

(1) A copy of the initial exemption request;

(2) A copy of the Secretary’s approval of the initial exemption;

(3) The items specified in Regulation .05B of this chapter; and

(4) Any additional pertinent information as requested by the Secretary.

[E.] F. Each exempted health care practitioner shall keep the appropriate licensing, certification, or other practice authorizing board apprised of [a] the health care practitioner’s current [mailing] business address.

[F.] G. On request by the [Secretary or the Secretary's designee] Department, the relevant board or boards shall supply the current [mailing] business addresses of exempted health care practitioners.

[G.] H. The [Secretary or the Secretary's designee] Department shall mail a notice of the required renewal to the health care practitioner at the current [mailing] business address supplied by the appropriate board.

[H.] I. If an exempted health care practitioner does not receive notice of renewal, it is the exempted health care practitioner's responsibility to notify the [Secretary or the Secretary's designee] Department so that the Secretary [or the Secretary's designee] may renew the exemption before the expiration of the current exemption.

[I.] J. Failure to Renew Exemption.

(1) (text unchanged)

(2) If an exempted health care practitioner fails to renew the exemption, and fails to carry out the agreed requirements set forth in [Regulation .05B(4)] Regulation .05B(6) of this chapter, the practitioner shall be subject to disciplinary action as set forth in [Health Occupations Article, §1-306, Annotated Code of Maryland] Health Occupations Article, §1-307, Annotated Code of Maryland, for violation of the self-referral laws.

MEENA SESHAMANI, MD, PHD
Secretary of Health

Notice of Proposed Action

[25-311-P]

The Secretary of Health proposes to amend:

(1) Regulation .23 under COMAR 10.07.01 Acute General Hospitals and Special Hospitals;

(2) Regulation .10 under COMAR 10.09.57 Partially Capitated Programs Authority;

(3) Regulation .02 under COMAR 10.09.79 Presumptive Eligibility for Correctional Facilities;

(4) Regulation .02 under COMAR 10.11.01 Identification of Infants;

(5) Regulation .03 under COMAR 10.11.02 Early Hearing Detection and Intervention Program;

(6) Regulation .01 under COMAR 10.12.03 Cosmetic Surgical Facilities; and

(7) Regulations .03, .05, and .07 under COMAR 10.22.12 Eligibility for and Access to Community Services for Individuals with Developmental Disability.

Statement of Purpose

The purpose of this action is to remove and replace the term “mental hygiene” from COMAR Title 10, in accordance with SB163 (2025) Health—General Article—References to Mental Health.

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 February 23, 2026. A public hearing has not been scheduled.

Subtitle 07 HOSPITALS

10.07.01 Acute General Hospitals and Special Hospitals

Authority: Health-General Article, §§19-307.2, 19-308, 19-308.8, [19-323,] 19-342, and 19-380—19-385, Annotated Code of Maryland

.23 Guidelines Governing the Transfer of Patients Between Hospitals.

A. If a hospital is able to provide adequate care to a patient, the hospital may not transfer the patient to another hospital unless:

(1) One or more of the following circumstances is present:

(a)—(d) (text unchanged)

(e) The transfer is in compliance with any agreement entered into between the [Mental Hygiene Administration] Department and a hospital for the provision of acute inpatient psychiatric care in State hospital conversion beds;

(2)—(3) (text unchanged)

B. (text unchanged)

C. Before moving a patient, the transferring hospital shall:

(1)—(2) (text unchanged)

(3) Unless otherwise provided for in an agreement with the [Mental Hygiene Administration] Department for State hospital conversion beds, obtain from the receiving hospital confirmation that:

(a)—(b) (text unchanged)

D.—G. (text unchanged)

Subtitle 09 MEDICAL CARE PROGRAMS

10.09.57 Partially Capitated Programs Authority

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

.10 Financial Solvency.

A.—H. (text unchanged)

I. PCPs which are governmental units or are funded by the [Mental Hygiene Administration, the Alcohol and Drug Abuse Administration,] Behavioral Health Administration or the Developmental Disabilities Administration of the Department and subject to the oversight of one of these agencies are exempt from the requirements of this regulation.

10.09.79 Presumptive Eligibility for Correctional Facilities

Authority: Health-General Article, §15-103(b), Annotated Code of Maryland

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(3) (text unchanged)

(4) “Department” means the Department of Health [and Mental Hygiene], which is the single State agency designated to administer the Maryland Medical Assistance Program pursuant to Title XIX of the Social Security Act, 42 U.S.C. §1396 et seq.

(5)—(13) (text unchanged)

Subtitle 11 MATERNAL AND CHILD HEALTH

10.11.01 Identification of Infants

Authority: Health-General Article, §§2-104(b), 20-401, and 20-402, Annotated Code of Maryland

.02 Definitions.

A. In [these regulations] this chapter, the following terms have the meanings indicated.

B. Terms Defined.

(1)—(4) (text unchanged)

(5) "Secretary" means the Secretary of Health [and Mental Hygiene] or the Secretary's designee.

10.11.02 Early Hearing Detection and Intervention Program

Authority: Health-General Article, §§13-601—13-605, Annotated Code of Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(23) (text unchanged)

(24) “Secretary” means the Secretary of Health [and Mental Hygiene] or the Secretary’s designee.

(25) (text unchanged)

Subtitle 12 ADULT HEALTH

10.12.03 Cosmetic Surgical Facilities

Authority: Health General Article, Title 19, Subtitle 3C, Annotated Code of Maryland

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(8) (text unchanged)

(9) “Secretary” means the Secretary of Health [and Mental Hygiene] or the Secretary's designee.

Subtitle 22 DEVELOPMENTAL DISABILITIES

10.22.12 Eligibility for and Access to Community Services for Individuals with Developmental Disability

Authority: Health-General Article, §7-401, Annotated Code of Maryland

.03 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(17) (text unchanged)

(18) "Knott class" means individuals with intellectual disabilities who were or are deemed inappropriately placed within [Mental Hygiene Administration] the Department’s operated behavioral health facilities.

(19)—(32) (text unchanged)

.05 Eligibility Criteria and Preliminary Determination Process.

A. (text unchanged)

B. Preliminary Determination Process.

(1)—(2) (text unchanged)

(3) The DDA access unit shall send a letter to the applicant, caregiver, or other proponent, when one exists, which contains the following information:

(a)—(c) (text unchanged)

(d) The individual may be eligible for services from the [Mental Hygiene] Behavioral Health Administration; and

(e) (text unchanged)

.07 Eligibility Determination Process—Determination of Service Priority Category and Description of Categories.

A. (text unchanged)

B. Description of Categories.

(1)—(4) (text unchanged)

(5) Category V—Knott Class.

(a) To qualify for this priority category, the applicant shall have:

(i) (text unchanged)

(ii) Been determined inappropriately retained in a [Mental Hygiene Administration] Department operated behavioral health facility as set forth in Knott vs. Hughes Civil Action No. Y-80-2832 (Fed. Dist. Ct. Md).

(b) (text unchanged)

(6) Category VI — Inappropriate Institutionalization.

(a) To qualify for this priority category, the applicant shall be a:

(i)—(iii) (text unchanged)

(iv) Resident in [an institution under the auspices of the Mental Hygiene Administration] a behavioral health facility operated by the Department who has a developmental disability[,] but is not an individual with an intellectual disability and who does not meet the criteria for admission or retention in a State psychiatric hospital and whose primary need is not for a mental health service.

(b)—(d) (text unchanged)

(7)—(8) (text unchanged)

MEENA SESHAMANI, MD, PHD
Secretary of Health

Subtitle 26 BOARD OF ACUPUNCTURE

10.26.02 General Regulations

Authority: Health Occupations Article, §§1-211, 1A-101, 1A-205, and 1A-301, Annotated Code of Maryland

Notice of Proposed Action

[25-315-P]

The Secretary of Health proposes to amend Regulations .02—.07 and adopt new Regulations .08 and .09 under COMAR 10.26.02 General Regulations. This action was considered by the Board of Acupuncture at a public meeting held on May 13, 2025, notice of which was given by publication on the Board’s website at health.maryland.gov/bacc/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:

(1) Update definitions and procedures;

(2) Make technical corrections;

(3) Update requirements for renewal, reinstatement, and reactivation;

(4) Add a new regulation that defines and establishes qualifications and procedures for acupoint injection therapy; and

(5) Add a new regulation that establishes requirements for the name under which a licensee may practice.

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

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “ABAA” means the American Board of Animal Acupuncture.

[(1)] (2) [“ACAOM”] “ACAHM” means the Accreditation Commission for Acupuncture and [Oriental] Herbal Medicine.

(3) “Acupoint injection therapy” means a form of acupuncture that stimulates acupuncture points by subcutaneous, intramuscular, and intradermal injection with approved sterile substances, specifically manufactured for non-intravenous injection.

[(2)] (4)—[(3)] (5) (text unchanged)

(6) “Auricular detoxification” means an acupuncture technique that involves needling the external auricle of the human ear to assist individuals undergoing detoxification from addictive substances and restore health.

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

[(5)] (8) [“CCAOM”] “CCAHM” means the Council of Colleges of Acupuncture and [Oriental] Herbal Medicine.

[(6)] (9) (text unchanged)

(10) “NADA” means the National Acupuncture Detoxification Association.

[(7)] (11)—[(10)] (14) (text unchanged)

.03 Application for License.

A. To qualify for a license, an applicant shall:

(1) Submit a completed application [on a form supplied] in the format provided by the Board;

(2) Provide at the applicant's expense, in English, all documentation required by §§B[,] and C[, and D] of this regulation or copies of original documents with English translations;

(3) Pay the necessary fees established in [COMAR 10.26.01] COMAR 10.26.01.03;

(4) Submit a current copy of a:

(a) Government-issued photographic identification; or

(b) [signed passport-size] Passport-size photograph; and

(5) (text unchanged)

B. To prove that the applicant is 18 years old[,] or older, the applicant shall provide a certified copy of an official government or institutional record, if requested by the Board.

[C. To prove good moral character, the applicant shall provide names and addresses of three individuals who can attest to the applicant's reputation for honesty and credibility, as follows:

(1) Two of these individuals shall have known the applicant for the 5-year period directly preceding the application for licensure; and

(2) The third individual shall be a practicing acupuncturist in Maryland or in a state within the United States that has licensing requirements at least equivalent to those of this State.]

[D.] C. The applicant shall provide documentary evidence of having met one of the following standards for education, training, or demonstrated experience:

(1) Graduation [from at least a master’s level program or its equivalent] with a master’s degree from an accredited educational institution with a practice relevant course of training that is equivalent to or exceeds at least 1,800 hours in acupuncture, including 300 clinical hours, that is:

(a) (text unchanged)

(b) Accredited by the [ACAOM] ACAHM; or

(c) Found by the Board to be equivalent to a course approved or accredited by the authority listed under [§D(1)(a)] §C(1)(a) or (b) of this regulation; or

(2) (text unchanged)

[E.] D. An applicant shall demonstrate proof of proficiency in the written and oral communication of the English language by providing documentary evidence that the applicant has:

(1) Completed at least [60] 30 classroom credits from:

(a) [an] An English-speaking undergraduate school; [or]

(b) An English-speaking professional school;

(c) A community college; or

(d) An undergraduate or graduate program at a college or university;

(2) (text unchanged)

(3) [Passed] Provided proof of passing scores on the NCCAOM written and practical examination components in English.

.04 Approval of Applicant for Licensure.

A.—B. (text unchanged)

C. The Board may close an incomplete application when the information needed to complete the application is not received within 120 days of the submission date.

[C.] D.—[D.] E. (text unchanged)

.05 Term, Renewal, Reinstatement, and Inactive Status.

A. (text unchanged)

B. Renewal.

(1) At least 1 month before a license expires, the Board shall send to the licensee a renewal notice that states the:

(a) (text unchanged)

(b) Date by which the renewal application is to be received by the Board for the renewal to be issued [and mailed] before the license expires; and

(2) Before a license expires, the licensee may renew if the licensee:

(a) Submits to the Board a completed renewal application [on the form] in the format required by the Board along with documentation that the licensee meets the requirements for a license;

(b) (text unchanged)

(c) If requested, submits to the Board documentation that the licensee has complied with the continuing education requirements established under [§F of this regulation] COMAR 10.26.06.

(3) A licensee shall keep the Board apprised of the licensee's current address and telephone number[,] or shall pay a fee as specified in [COMAR 10.26.01.03H] COMAR 10.26.01.03.

C. (text unchanged)

D. If the applicant’s license expires, an applicant may not practice acupuncture in the State until the renewal application is approved by the Board.

[D.] E. Reinstatement. [Thirty] Thirty-one days after the expiration date of a license, a licensee whose license has expired without seeking inactive status may have the license reinstated upon meeting all of the following:

(1) Submission of a completed reinstatement application [on a form] in the format required by the Board;

(2) Payment of the reinstatement fee, and renewal fee, specified in [COMAR 10.26.01] COMAR 10.26.01.03; and

(3) One of the following:

(a) Thirty hours of continuing education [for each renewal period the license has lapsed, not to exceed 60 hours] within the 2 years that are most recent to the requested reinstatement date; or

(b) (text unchanged)

[E.] F. Inactive Status.

(1) The Board shall place a licensee on inactive status for a maximum period of 6 years if the licensee submits to the Board within 30 days after the expiration of a license:

(a) An application for inactive status [on the form] in the format required by the Board; and

(b) The inactive status application fee specified in [COMAR 10.26.01] COMAR 10.26.01.03.

(2) To reactivate a license from inactive status, the applicant shall:

(a) (text unchanged)

(b) Complete 30 hours of continuing education as specified under [§F of this regulation] COMAR 10.26.06.

(3) The licensee shall renew inactive status every 2 years, but not to exceed 6 years, in the format required by the Board and pay the fee as set forth in COMAR 10.26.01.03.

G. Change of Mailing Address, Legal Name, or Email Address.

(1) A licensee shall give the Board written notice within 30 days of a change of:

(a) Mailing address;

(b) Legal name; or

(c) Email address if the licensee has previously submitted an email address to the Board.

(2) Failure to notify the Board of any change of mailing address, legal name, or email address within 30 days of the change may result in a fee as set forth under COMAR 10.26.01.03.

.06 Acupuncture on Animals.

A. To obtain certification from the Board as qualified to practice acupuncture on animals, an applicant shall:

(1) Possess a current, active license to practice acupuncture in Maryland;

(2) Successfully complete a Board-approved specialty training program in animal acupuncture from a school accredited by [ACAOM] ABAA, ACAHM, or approved by the Maryland Higher Education Commission that consists of a minimum of 135 hours of theory and clinical training and includes at a minimum in each of the following:

(a)—(d) (text unchanged)

(3) (text unchanged)

(4) Pay the fee as specified in [COMAR 10.26.01] COMAR 10.26.01.03.

B. To practice acupuncture on animals, the licensed acupuncturist:

(1) (text unchanged)

(2) Shall cooperate and consult with a veterinarian licensed in the State by:

(a)—(c) (text unchanged)

(3) (text unchanged)

C. Certification Renewal, Reinstatement, and Reactivation.

(1) The licensee may, as a part of the 30 continuing education unit renewal requirement, complete at least 5 continuing education units directly related to the certification of veterinary or animal related acupuncture.

(2) The licensee may, as a part of the 30 continuing education unit reinstatement requirement, complete at least 5 continuing education units directly related to the certification of veterinary or animal related acupuncture.

(3) The licensee may, as a part of the 30 continuing education unit reactivation requirement, complete at least 5 continuing education units directly related to the certification of veterinary or animal related acupuncture.

[C.] D. The Board shall maintain a [list] registry of all:

(1)—(2) (text unchanged)

[D.] E.—[F.] G. (text unchanged)

.07 Auricular Detoxification Specialist.

A. Qualification. To qualify as an auricular detoxification [aide] specialist, an applicant shall be a certified or licensed practitioner in the State as one of the following health care professionals who works directly with chemically dependent clients of a chemical dependency program in the counseling or treatment of those clients:

(1)—(7) (text unchanged)

B. A practitioner that is a medical doctor shall obtain a medical acupuncture certification specific to physicians in accordance with COMAR 10.32.15.

[B.] C. Registration. The Board shall maintain a registry of all certified auricular detoxification specialists. [Before registering] To apply for certification with the Board as an auricular detoxification specialist, an applicant shall:

(1) Provide documentation of successful completion of a Board and NADA approved training program that[:

(a) Consists] consists of a minimum 70-hour basic training of which 40 hours are clinical training which includes the following training and subject matter:

[(i)] (a)—[(xi)] (k) (text unchanged)

[(xii)] (l) Understanding of addictions from the perspective of basic concepts of [Chinese] East Asian medicine; [or

(b) Is approved by the Board;]

(2)—(3) (text unchanged)

(4) Provide verification of active licensure in good standing in the State from the appropriate Health Occupations Board;

(5) [Work within a Board-approved] Provide verification that an applicant works in a State-approved professional setting that specializes in the treatment of addiction; and

(6) Pay the registration fee in [COMAR 10.26.01] COMAR 10.26.01.03.

D. Certification Renewal.

(1) A certified practitioner shall renew their certification every 2 years.

(2) As part of the renewal, the practitioner shall provide proof to the Board of:

(a) Licensure in the approved health profession;

(b) Employment working directly with chemically dependent clients of a chemical dependency program in the counseling or treatment of those clients;

(c) Employment working in a State-approved setting, working with chemically dependent patients of a chemical dependency program in the counseling or treatment of those patients; and

(d) Completion of three continuing education units relevant to the practice of auricular detoxification and the counseling or treatment of chemically dependent patients.

(3) At least 1 month before a certification expires, the Board shall send a renewal notice to an auricular detoxification specialist that states:

(a) The date the current certification expires;

(b) The date the renewal application is to be received by the Board for the renewal to be issued before the certification expires; and

(c) The amount of the renewal fee.

(4) Before a certification expires, a practitioner certified to perform auricular detoxification may renew the certification if the individual submits:

(a) A completed renewal application in the format required by the Board; and

(b) Verification from the appropriate Health Occupation Board under §A of this regulation, that confirms that the individual has a current certification or license in good standing; and

(c) The renewal fee specified in COMAR 10.26.01.03.

(5) An individual registered to perform auricular detoxification shall maintain a current address and telephone number with the Board.

(6) A practitioner listed on the registry to perform auricular detoxification:

(a) May not practice using any other name than the name on their certification; and

(b) Shall immediately inform the Board of any name change.

E. Certification Reinstatement. An auricular detoxification specialist holding an expired certification may apply for reinstatement if the individual:

(1) Completes an application for reinstatement approved by the Board;

(2) Submits the auricular detoxification specialist registration reinstatement fee specified in COMAR 10.26.01.03; and

(3) Submits proof of completion of at least three continuing education units directly related to the certification.

[C.] F. Supervision. The Board may approve a Maryland licensed acupuncturist for supervision of [an individual registered] a practitioner on the registry to perform auricular detoxification if the licensee:

(1) Holds [a valid] an active license in good standing to practice acupuncture in Maryland;

(2) Has completed a training program in auricular detoxification as set forth in [§B] §C of this regulation; and

(3) Submits to the Board a completed application in the format provided by the Board.

[D.] G. Supervisor Responsibilities. A supervisor shall ensure that:

(1) Auricular detoxification specialists are sufficiently competent in the areas listed in [§B(1)] §C(1) of this regulation;

(2) (text unchanged)

(3) An on-site visit with the auricular detoxification specialist occurs at least once annually before renewal[.] to:

(a) View the setting where services are being provided; and

(b) Observe at least five treatments, within an hour, performed according to the NADA group protocol.

[E. Renewal of Registration.

(1) At least 1 month before a registration expires, the Board shall send a renewal notice to an auricular detoxification specialist that states:

(a) The date the current registration expires;

(b) The date a renewal application is to be received by the Board for the renewal to be issued and mailed before the registration expires; and

(2) Before a registration expires, an individual registered to perform auricular detoxification may renew registration if the individual submits:

(a) A completed renewal application on the form required by the Board; and

(b) Verification from the appropriate Health Occupation Board under §A(1) of this regulation, that confirms that the individual has a current certification or license in good standing; and

(3) An individual registered to perform auricular detoxification shall maintain a current address and telephone number with the Board.

F. Reinstatement of Expired Registration. An auricular detoxification specialist holding an expired registration may apply for reinstatement if the individual:

(1) Completes an application for reinstatement approved by the Board; and

(2) Submits the auricular detoxification specialist registration reinstatement fee specified in COMAR 10.26.01.]

[G.] H. Setting. The clinical substance abuse program or professional setting where an individual performs auricular detoxification on patients with documented substance abuse concerns shall meet [reasonable community standards] best practices within community healthcare standards.

[H.] I. Complaints.

(1) (text unchanged)

(2) The Board may withdraw the [registration] certification of the auricular detoxification specialist or take action against the license of the supervising acupuncturist if either individual violates an applicable law, regulation, or standard of practice while performing auricular detoxification.

.08 Acupoint Injection Therapy.

A. Registration. To obtain the required registration from the Board as qualified to practice acupoint injection therapy, an applicant shall:

(1) Possess an active license in good standing to practice acupuncture and East Asian medicine in the State;

(2) Successfully complete an NCCAOM, or other appropriate accreditation body endorsed specialty training program and assessment in acupoint injection therapy that consists of at least 60 hours including:

(a) A minimum of 40 hours of theoretical training in the required topics;

(b) A minimum of 20 hours of live face-to-face clinical practical experience; and

(c) Instruction that meets the requirements of §C of this regulation;

(3) Possess a current certification by the American Heart Association or approved affiliate in basic life support;

(4) Hold a current Clean Needle Technique Certificate through CCAHM or NCCAOM;

(5) If licensed in the State for less than 2 years, possess a valid license in good standing to practice acupuncture and East Asian medicine, in any state, for at least 2 years before applying to perform acupoint injection therapy in the State; and

(6) Complete and submit an application in the format provided by the Board.

B. The Board shall accept the documentation from a licensee that has completed the training required to perform acupoint injection therapy prior to the effective date of this regulation if:

(1) The licensee provides a certificate, or other valid documentation, confirming successful completion of 60 hours of acupoint injection therapy training that complies with this regulation; or

(2) The previously completed training does not meet the requirements of this regulation, but the licensee provides documentation of completion of supplemental training that, together with the initial training, fulfills the coursework requirements of §C of this regulation.

C. Training Program Curriculum. The curriculum for the acupoint injection therapy program shall include:

(1) 20 hours of clinical practice on a patient or patients;

(2) History and development of acupuncture injection therapy;

(3) Differential diagnosis;

(4) Definitions, concepts, and pathophysiology;

(5) The nature, function, channels entered, and contraindications of the substances stated in §F(2) of this regulation;

(6) Diseases amenable to treatment with acupuncture injection therapy and the substances appropriate to treat them;

(7) Identification of appropriate points for treatment, including palpatory diagnosis;

(8) A review of physical examination, anatomy, and referral zones;

(9) Universal precautions including management of blood borne pathogens and hazardous waste;

(10) Procedures for injections, including preparing the substances, contraindications, and precautions;

(11) Administration techniques and equipment required;

(12) Administration of the prepackaged substances authorized for acupoint injection therapy, including aseptic technique, recordkeeping and storage of substances prepared and authorized for use in acupoint injection therapy;

(13) Safety and emergency procedures; and

(14) 2 hours of training in the use of intramuscular epinephrine and emergency oxygen which count toward the required theoretical and clinical training hours.

D. Clinical Instructors. In addition to the requirements of NCCAOM, or other appropriate accreditation body, an instructor for acupoint injection therapy shall:

(1) Ensure that the curriculum meets the training requirements set forth under §C of this regulation;

(2) Be a licensed practitioner in acupuncture in good standing in the State and be registered to practice acupoint injection therapy in the State;

(3) Possess at least 5 years of experience in the practice of acupuncture that includes acupoint injection therapy;

(4) Retain proof of compliance as set forth under this section for as long as they provide acupoint injection therapy training; and

(5) Provide proof of compliance to the Board upon request.

E. Training Programs. All training programs shall provide each successful student with:

(1) A certificate of successful completion of the program;

(2) A course syllabus outlining the schedule and curriculum of the program; and

(3) Testing requirements and the performance measure for successful completion.

F. Practice.

(1) To practice acupoint injection therapy, the licensed acupuncturist shall:

(a) Possess a registration for acupoint injection therapy from the Board;

(b) Explain acupoint injection therapy to the patient in advance of treatment;

(c) Obtain written informed consent specific to acupoint injection therapy that shall be included in the patient’s medical record;

(d) Only perform subcutaneous, intradermal, or intramuscular injection in accordance with the principles of acupuncture;

(e) Have an adverse event or emergency plan in place for allergic reactions to injected substances;

(f) Maintain professional liability coverage for this procedure; and

(g) Only use prepackaged and sterile acupoint injectable therapeutic substances that are:

(i) Acquired from an appropriately licensed entity in compliance with federal and State law; and

(ii) Stored securely and in accordance with manufacturer's specifications.

(2) In the practice of acupoint injection therapy, the licensed acupuncturist, provided they have been trained on utilization of the specific therapeutic substance, may only use the following therapeutic substances for acupoint injection therapy:

(a) Sterile and bacteriostatic water;

(b) Saline solution;

(c) Alkalizing agents such as sodium bicarbonate;

(d) Nutritional or dietary substances;

(e) Vitamins and minerals including B-12, B-complex, C, cyanocobalamin, hydroxocobalamin, and methylcobalamin;

(f) Proteins, enzymes, and amino acids including methionine, choline, inositol, and glutathione;

(g) Sugars including dextrose and glucose;

(h) Ozone;

(i) Procaine and lidocaine;

(j) Herbal and botanical extracts including astragalus and Sarapin;

(k) Biological products including hyaluronic acid and epinephrine; and

(l) Homeopathic substances including Traumeel and Zeel.

(3) A licensed acupuncturist in the practice of acupoint injection therapy may not:

(a) Administer substances other than those specified under §F(2) of this regulation;

(b) Administer substances that the licensed acupuncturist has not been appropriately trained in accordance with this regulation;

(c) Give an injectable substance to a patient for self-injection; or

(d) Administer intravenous injections.

G. The Board shall maintain a list of all:

(1) Licensed acupuncturists registered by the Board as qualified to practice acupoint injection therapy; and

(2) Acupoint injection therapy training programs endorsed by the NCCAOM, or other appropriate accreditation body updated at least annually.

H. On or after the effective date of this regulation, unless the person is registered by the Board as qualified to practice acupoint injection therapy, an individual may not:

(1) Practice acupoint injection therapy; or

(2) Represent to the public that the individual is an acupoint injection therapy registered acupuncturist.

I. Violation of this regulation constitutes unprofessional conduct and may result in disciplinary action as set forth in Health Occupations Article, §4-315, Annotated Code of Maryland.

.09 Name Under Which a Licensee May Practice.

A. A licensee shall be licensed to practice acupuncture only under the name indicated on the license.

B. A licensee wishing to change the name under which the licensee practices shall obtain prior Board approval.

C. The failure of a licensee to practice under the name on the license may:

(1) Result in a fine; or

(2) Be considered unprofessional conduct by the Board and constitute grounds for disciplinary action.

MEENA SESHAMANI, MD, PhD

Secretary of Health

Title 12
DEPARTMENT OF PUBLIC SAFETY AND CORRECTIONAL SERVICES

Subtitle 11 OFFICE OF THE SECRETARY

12.11.10 Private Home Detention Monitoring Agencies

Authority: Business Occupations and Professions Article, Title 20; Correctional Services Article, §§2-109 and 11-726; Annotated Code of Maryland

Notice of Proposed Action

[25-299-P]

The Secretary of Public Safety and Correctional Services, in cooperation with the Commissioner of Correction, Commissioner of Pretrial Detention and Services, Director of Patuxent Institution, and Executive Director of the Commission on Correctional Standards proposes to amend Regulations .06 and .09 under COMAR 12.11.10 Private Home Detention Monitoring Agencies.

Statement of Purpose

The purpose of this action is to revise the Department’s requirements for private home detention monitoring agencies (PHDMAs) to report violations by monitored individuals and individuals on court ordered PHDMA supervision to the relevant courts and law enforcement agencies. The revised language also describes the responsibility PHDMAs have to track and report violations to the Department regularly as a condition of maintaining a license to operate as a PHDMA in the State. Revisions conform to amendments to Business Occupations Professional Article, §20-401, Annotated Code of Maryland, effective October 1, 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 Elizabeth Bartholomew, Director of Policy and Regulations, Maryland Department of Public Safety and Correctional Services, 6776 Reisterstown Road, Baltimore, Maryland 21215, or call 410-585-3346, or email to [email protected]. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

.06 Continuing Obligations of Licensee.

A.—F. (text unchanged)

G. By the 15th day of each month, a licensee shall submit to the Secretary a report, on a form provided by the Secretary that includes, but is not limited to, the following information for the preceding calendar month:

(1)—(4) (text unchanged)

(5) The number of monitored individuals [violating] who violated the court order or program rules, and the number of monitored individuals removed from monitoring for a violation, categorized by the type of monitoring used;

[(6) The number of instances for which a monitored individual was unaccounted for or absent from an approved location, or whose location was unknown within the following time frames:

(a) Less than 2 hours,

(b) More than 2 hours but less than 24 hours, and

(6) The number of instances for which the licensee was required to provide notification in accordance with Business Occupations and Professions Article, §20-401, Annotated Code of Maryland for a monitored individual who:

(a) Violates a condition of home detention monitoring;

(b) Tampers with home detention monitoring equipment or fails to maintain home detention monitoring equipment as required by a court order; or

(c) Enters an area that the monitored individual was expressly prohibited from entering as a condition of pretrial release or probation;

(7) [The number of instances in which a monitored individual has been reported as having escaped;] The number of instances for which the licensee provided notification as set forth in §G(6) of this regulation;

(8) The number of monitored individuals [in each jurisdiction] who, in violation of a condition of release to private home detention, received a new criminal charge or conviction; and

(9) (text unchanged)

H.—J. (text unchanged)

.09 Standards of Operation.

A. Within 6 months of initial licensing, the licensee shall have and enforce the following written policies and procedures:

(1)—(8) (text unchanged)

[(9) A written policy and procedure for documented action by a monitor, when the monitored individual is unaccounted for:

(a) Less than 2 hours,

(b) More than 2 hours but less than 24, and

(c) 24 hours or more to include written notification to the appropriate authority as required by Business Occupations and Professions Article, §20-401(c), Annotated Code of Maryland;]

(9) In accordance with Business Occupations and Professions Article, §20-401, Annotated Code of Maryland, a written policy and procedure governing when a monitor is required to notify the court, the designated law enforcement agency, and the Division of Parole and Probation if private home detention monitoring is a condition of probation, when a monitored individual has:

(a) Violated a condition of home detention monitoring;

(b) Tampered with home detention monitoring equipment or failed to maintain home detention monitoring equipment as required by a court order; and

(c) Entered an area that the monitored individual is expressly prohibited from entering as a condition of pretrial release or probation;

(10)—(28) (text unchanged)

B. (text unchanged)

CAROLYN J. SCRUGGS
Secretary of Public Safety and Correctional Services

Title 14
INDEPENDENT AGENCIES

Subtitle 39 INTERAGENCY COMMISSION ON SCHOOL CONSTRUCTION

Notice of Proposed Action

[25-189-P]

The Interagency Commission on School Construction proposes to amend:

(1) Regulations .05, .08, .10, and .11 under COMAR 14.39.02 Administration of the Public School Construction Program; and

(2) Regulation .06 under COMAR 14.39.03 Construction Procurement Methods.

This action was considered by the Interagency Commission on School Construction at an open meeting held on August 14, 2025, notice of which was given by publication on the General Assembly website pursuant to the General Provisions Article §3-302(c), Annotated Code of Maryland.

Statement of Purpose

The purpose of this action is to clarify that the SRC for elementary school students in classes that circulate in the same manner as middle school classes should utilize the middle school SRC rather than the elementary school SRC, define exclusions for gymnasiums in high schools and middle schools, define the number of teaching stations in auxiliary gymnasiums, remove the uses of 'for design' and 'for construction' in rescission of funding approval for contracts under construction to align them with the same standard, and specify requirements for LEAs regarding MBE program compliance.

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 Victoria Howard, Policy Analyst, Interagency Commission on School Construction, 351 W. Camden St. Suite 701, Baltimore MD, 21201, or call 410-767-0600, or email to [email protected]. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Interagency Commission on School Construction during a public meeting to be held on March 9, 2026 at 9:00 am, at https://iac.mdschoolconstruction.org/?page_id=315.

14.39.02 Administration of the Public School Construction Program

Authority: Education Article §§4-126, 5-303, and 5-308; State Finance and Procurement Article §§5-7B-07; Annotated Code of Maryland;
Ch. 32, §5, Acts of 2022

.05 State-Rated Capacity.

A. (text unchanged)

B. Elementary Schools.

(1) For the purposes of determining State-rated capacity, elementary schools are schools enrolling students in one or more grades from prekindergarten through grade 6, but no grades higher than grade 6.

(2) (text unchanged)

(3) Elementary school students who circulate through the school to different classrooms for their core curriculum, rather than spending the majority of the school day in a single classroom and leaving the classroom only for special courses (art, music, physical education, and similar), should be considered middle school students for the purposes of calculating State-rated capacity.

[(3)](4) [The approved capacity for an] For the purposes of measuring utilization of facilities and allocating State capital dollars for projects in a manner most equitable to the local school systems of the State, the IAC shall count capacity of elementary school [classroom] classrooms [is] as follows:

(a)—(f) (text unchanged)

[(4)](5)—[(5)](6) (text unchanged)

C. Secondary Schools.

(1) (text unchanged)

(2) Classrooms.

(a) (text unchanged)

(b) Secondary-school classrooms include but are not limited to laboratories, career technology rooms, music rooms, art rooms, consumer science rooms, gymnasiums, and auxiliary physical education classrooms. One physical education classroom up to 2,500 net square feet which contains specialized equipment hat cannot be stored or relocated may be excluded in facilities functioning as a high school serving grades 9—12, or a middle high school serving grades 6—12, upon application to and approval of the IAC or its designee.

(c) Auxiliary gymnasiums up to 6,000 net square feet count as one teaching station. A gymnasium over 6,000 net square feet and up to 13,000 net square feet counts as two classrooms. A gymnasium exceeding 13,000 net square feet counts as three classrooms.

(3) [The approved capacity for a] For the purposes of measuring utilization of facilities and allocating State capital dollars for projects in a manner most equitable to the local school systems of the State, the IAC shall count capacity of secondary school [classroom] classrooms [is:] as follows:

(a)—(c) (text unchanged)

(4)—(5) (text unchanged)

D.—F. (text unchanged)

.08 Changes to the Maximum State Construction Allocation.

After the IAC sets the maximum State construction allocation in the State capital improvement program:

A. The IAC may reduce the maximum State construction allocation if a local board changes a board decision [that was a reason] which served as justification for setting the approved scope of the project; [and].

B. (text unchanged)

C. The IAC my increase the maximum State construction allocation for a project other than a capital maintenance project if the LEA documents that the:

(1)—(2) (text unchanged)

(3) Construction costs that have resulted from exceptional circumstances or circumstances that are different from those that confront most projects in the State or region.

D. The IAC may increase the maximum State construction allocation for a project that qualifies for the net zero add-on as described in COMAR 14.39.02.06E(4) after the establishment of the maximum State construction allocation upon submission of acceptable documentation to become eligible for the add-on, and only up to the amount that the project would have been eligible for had the net zero add-on been in place at the time of establishment of the maximum State construction allocation.

.10 Rescinding Planning Approval.

A. If, within 2 years after a project is approved for planning, no part of the project is under contract [for design], the IAC may determine the project to be abandoned and rescind planning approval.

B. (text unchanged)

.11 Rescinding Funding Approval.

A. If, within 2 years after funding is made available for a project, no part of the project is under contract [for construction], the IAC shall determine that the project is abandoned and rescind the funding approval.

B.—D. (text unchanged)

14.39.03 Construction Procurement Methods

Authority: Education Article §§4-126, 5-112, and 5-303, Annotated Code of Maryland

.06 Other Requirements

A.—C. (text unchanged)

D. Minority Business Enterprise (MBE). The State’s minority business enterprise program applies to procurements conducted in accordance with this chapter that the State funds in whole or part. Any LEA utilizing State funding for school construction projects shall;

(1) Adopt an MBE policy and procedures guiding document;

(2) Provide the LEA’s board-adopted MBE policy and any related guiding documents to the IAC annually by a date specified by the IAC; and

(3) Certify that all MBE policies are in compliance with the State’s MBE program.

E.—G. (text unchanged)

ALEX DONAHUE
Executive Director

Title 15
MARYLAND DEPARTMENT OF AGRICULTURE

Subtitle 06 PLANT PEST CONTROL

15.06.02 Plant Pest Control Regulations

Authority: Agriculture Article, §§5-301—5-314, Annotated Code of Maryland

Notice of Proposed Action

[25-267-P]

The Maryland Department of Agriculture proposes to amend Regulation .06 under COMAR 15.06.02 Plant Pest Control Regulations.

Statement of Purpose

The purpose of this action is to implement new legislation increasing a certain fee related to brokers.

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 Kimberly Rice, Program Manager , Maryland Department of Agriculture, 50 Harry S. Truman Drive, Annapolis, MD 21401, or call 410-841-5920, or email to [email protected]. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

.06 Fee Schedule.

A.—B. (text unchanged)

C. Persons issued a Plant Broker License. Plant Broker License — [$100] $150 a year.

D.—I. (text unchanged)

STEVEN A. CONNELLY
Deputy Secretary

15.06.04 Regulation of Invasive Plants

Authority: Agriculture Article, §§2-103(b) and 9.5-301 et seq., Annotated Code of Maryland

Notice of Proposed Action

[25-186-P]

The Maryland Department of Agriculture proposes to amend Regulations .02—.06 and repeal existing Regulation .07 under COMAR 15.06.04 Regulation of Invasive Plants.

Statement of Purpose

The purpose of this action is to implement new legislation altering the regulatory approach for controlling invasive plant species in the State. This includes requiring the Secretary of Agriculture to establish a certain list of prohibited invasive plants by regulation. See Ch. 589, Acts of 2024 (SB 915; HB 979). The proposed action will have no impact on businesses (e.g., nurseries, plant dealers, and landscapers) beyond that noted in the Fiscal and Policy Note for this legislation. For small businesses, the Fiscal and Policy Note indicates that the impact may be “meaningful”, but that this impact may be mitigated by the phase-in of the legislation’s requirements. The Department notes that this impact may be further mitigated if consumers begin forgoing invasive plant species for their landscapes in favor of native plant species or other plants not contained on the prohibited invasive plant list.

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 Kimberly Rice, Program Manager, Maryland Department of Agriculture, 50 Harry S. Truman Parkway, Annapolis, Maryland 21401, or call 410-841-5920, or email to kimberly.rice @maryland.gov. Comments will be accepted through February 23, 2026. A public hearing has not been scheduled.

.01 Scope.

These regulations establish a science-based [risk] status assessment protocol to determine the harm and impact caused by invasive plants, including an approval procedure for activities involving invasive plant species that cause or are likely to cause severe harm and administrative orders that the Secretary may issue to enforce these regulations.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.

(1) “Classify as a prohibited invasive plant” means the Secretary is including an invasive plant on the Consolidated List of Maryland Invasive Plant Species in accordance with the Agriculture Article, §§9.5-301 and 9.5-301.1, Annotated Code of Maryland.

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

(3) “Committee” means the Invasive Plants Advisory Committee.

(4) “Consolidated List of Maryland Invasive Plant Species” means a list of plant species classified as prohibited invasive plants in accordance with Agriculture Article §§9.5-301 and 9.5-301.1, Annotated Code of Maryland .

(5) “Early Detection Rapid Response (EDRR) Plant Species” means a nonnative plant species that:

(a) Is not yet widespread in the State but is at risk of:

(i) Becoming established as an invasive species; and

(ii) Causing significant damage; and

(b) Has:

(i) Been found in at least one native species habitat in the State; or

(ii) Not yet been found in the State.

(6)“Expert Assessor” means:

(a) An individual or a team within the Department or the Department of Natural Resources; or

(b) A qualified independent assessor.

[(2)] (7) Invasive Plant.

(a) “Invasive plant” means [a terrestrial plant species] any living part of a plant species or its subspecies that[:

(a) Did] did not evolve in the State[;] and

[(b) If ] if introduced within the State, will cause or is likely to cause, as determined by the Secretary:

(i)—(iv) (text unchanged)

(b) “Invasive plant” includes a commercial or noncommercial plant that is terrestrial or aquatic and meets the definition under §B(7)(a) of this regulation.

[(3) “Off-site” means property other than where the Tier 1 invasive plant exists, including property under the control of the person removing the Tier 1 plant but not contiguous, for example, separated by a road or property owned by another person.

(4) “Tier 1 invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State.

(5) “Tier 2 invasive plant” includes invasive plant species that cause or are likely to cause substantial negative impact within the State.

(6) “Transport” means when a person moves a Tier 1 invasive plant anywhere within the State, including for transportation or shipment.]

(8) “Invasive Plant Species Status Assessment Protocol” means a protocol based on the NatureServe’s 2004 protocol (An Invasive Species Assessment Protocol: Evaluating Non-Native Plants for the Impact on Biodiversity. Version 1.)

(9)“Invasiveness Rank” means a rank assigned to a nonnative species to signify its level of invasiveness (i.e., high, medium, low or insignificant) based on the results of an invasive assessment protocol.

(10)“Landscaping services” includes services for ornamental horticultural design, maintenance, and installation of living plants.

(11) “Prohibited invasive plant” includes invasive plant species that cause or are likely to cause severe harm within the State.

(12) “Qualified independent assessor” means an individual or team that:

(a) Possesses at least 2 years of field experience in invasive plant species in Maryland or in nearby jurisdictions, including Washington, D.C., Delaware, New Jersey, New York, Pennsylvania, Virginia, and West Virginia; and

(b) Has assessed invasive plant species without supervision from the Department, the Department of Natural Resources or the Committee.

(13) “Watch List” means a list of plant species that:

(a) Have been assessed by an expert assessor in accordance with Agriculture Article, §9.5-301, Annotated Code of Maryland;

(b) Were not determined by the assessment to be eligible for classification as a prohibited invasive plant; and

(c) May be reassessed in the future.

.03 [Risk] Invasive Plant Species Status Assessment Protocol [for Invasive Plants].

A. The Secretary shall determine whether an invasive plant qualifies as a [Tier 1 or a Tier 2] prohibited invasive plant or a plant for the Watch List based on the following [protocols:] protocol.

[A. Plant risk] An expert assessor shall complete a plant status assessment [protocol established by] based on the NatureServe’s 2004 protocol (an invasive species assessment protocol: evaluating non-native plants for their impact on biodiversity. Version 1.) [United States Department of Agriculture, Animal and Plant Health Inspection Service, Plant Protection Quarantine pursuant to A. Koop, L. Fowler, L. Newton, and B. Caton, Development and Validation of a Weed Screening Tool for the United States, Biological Invasions (2012) 14:273-294, which is incorporated by reference; and]

B. [Factors relating to special Maryland circumstances (e.g. potential distribution, current distribution, threatened and endangered species or ecosystems, feasibility of control, and special agricultural conditions).] Assessments completed by an expert assessor shall be reviewed and approved by the Invasive Plant Advisory Committee.

.04 [Tier 1] Prohibited Plant Prohibitions and Approvals.

A. Except as approved by the Secretary under this regulation, a person may not propagate, import, transfer, sell, purchase, transport, or introduce any living part of a [Tier 1] prohibited invasive plant in the State.

B. (text unchanged)

C. A person has the Secretary's approval and may engage in any activity prohibited by §A of this regulation for the limited purpose of:

(1) Controlling a [Tier 1] prohibited invasive plant, provided:

(a)—(c) (text unchanged)

(2) Transporting a [Tier 1] prohibited invasive plant off-site for the purpose of identification or disposal, provided:

(a)—(b) (text unchanged)

D. For approvals not granted under §C of this regulation, a person may submit a written request to the Secretary for approval of any activity allowed under §B of this regulation with the following information:

(1)—(4) (text unchanged)

(5) [Tier 1] Prohibited invasive plant for which approval is being requested (full botanical name);

(6) Specific location of the [Tier 1] prohibited invasive plant;

(7) (text unchanged)

(8) Method of safeguarding [from propagule dispersal] dispersal of all propagules and all other living parts of the prohibited invasive plant;

(9)—(10) (text unchanged)

E. (text unchanged)

.05 Administrative Orders by the Secretary.

A. The Secretary may issue administrative orders to enforce the provisions of this chapter and Agriculture Article, Title 9.5 (Invasive Plants Prevention and Control), Annotated Code of Maryland, as follows:

(1) Order any person to cease propagating, importing, transferring, selling, purchasing, transporting, or introducing any living part of a [Tier 1] prohibited invasive plant in the State;

(2) Order the condemnation and seizure of any [Tier 1] prohibited invasive plant owned or possessed by any person who violates [§9.5-302(b) of the] Agriculture Article, §9.5-302(b), Annotated Code of Maryland;

(3) Order the marking or tagging in a conspicuous manner of a [Tier 1] prohibited invasive plant owned or controlled by any person subject to an order of the Secretary under this chapter;

(4) Order any person, on notice from the Secretary, to dispose of any [Tier 1] prohibited invasive plant that is held in violation of this chapter or in violation of Agriculture Article, Title 9.5, Annotated Code of Maryland, in a manner that renders all plant parts nonviable, or allow a person to return a [Tier 1] prohibited invasive plant to the out-of-State supplier of the plant, as approved in advance by the Secretary;

(5) Order a person to make any [Tier 1] prohibited invasive plant available to the Secretary for destruction if the person has failed to dispose of the [Tier 1] prohibited invasive plant as ordered by the Secretary and require that person to pay any destruction cost;

[(6) Order any person to cease selling or offering for sale at any retail outlet a Tier 2 invasive plant until the retail outlet posts in a conspicuous manner in proximity to all Tier 2 plant displays a sign identifying the plants as Tier 2 plants;

(7) Order any person to cease providing landscaping services to plant or supply for planting a Tier 2 invasive plant, if the person fails to provide the customer with a list of Tier 2 invasive plants; or]

(8)] (6) (text unchanged)

B. (text unchanged)

.06 [Tier 1 and Tier 2] Prohibited Invasive Plants and Watchlist Plants.

A. Prohibited invasive plants are those plants listed on the Consolidated List of Maryland Invasive Plant Species found on the Maryland Department of Agriculture’s website, Plant Protection and Weed Management page. [The following plants are classified as Prohibited Tier 1 invasive plants upon adoption of this regulation (see Department's website for adoption date http://mda.maryland.gov/plantspests/Pages/maryland invasive plants prevention and control.aspx):

(1) Ficaria verna (fig buttercup);

(2) Geranium lucidum (shining cranesbill);

(3) Iris pseudacorus (yellow flag iris);

(4) Euonymus fortune (wintercreeper);

(5) Lonicera maackii (Amur honeysuckle); and

(6) Corydalis incisa (incised fumewort).]

B. Phase-out Periods for [Tier 1] Prohibited Invasive Plants.

(1) A person in possession of a [Tier 1] prohibited invasive plant, except a person who is growing a woody plant in ground, shall comply with the [Tier 1] prohibited invasive plant provisions of this chapter within 1 year of that plant’s effective date on the [Tier 1] prohibited invasive plant list.

(2) A person who is growing a [Tier 1 woody] prohibited invasive plant in ground shall comply with the provisions of this chapter within 2 years from that plant’s effective date on the [Tier 1] prohibited invasive plant list.

(3) A person may not acquire a new [Tier 1] prohibited invasive plant after that plant’s effective date on the prohibited invasive plant [Tier 1] list.

(4) Sales Limited to Existing Stock. During the phase-out period, a person may only sell the existing stock of a prohibited invasive plant that person has in inventory as of the date the plant was placed on the prohibited invasive plant list.

(5) Exemption Request.

(a) The Secretary may consider an exemption request from a nursery, broker or plant dealer licensed under Agriculture Article, §5-309, Annotated Code of Maryland to extend the phase-out period for a specific plant species that has been placed on the prohibited plant list.

(b) In considering an exemption request, the Secretary shall:

(i) Receive and consider input from the Invasive Plant Advisory Committee including the species’ economic harm, ecological harm, environmental harm, and harm to human health; and

(ii) Consider the economic impact that the phase-out period has on the affected person.

(c) The person seeking the exemption shall submit a written request to the Secretary providing the same information specified in Regulation .04D of this chapter.

(d) If the Secretary grants a person’s exemption request to extend the phase-out period for a specific plant species, the extension may not be more than 1 year.

C. [The following plants are classified as Tier 2 invasive plants upon adoption of this regulation (see Department's website for adoption date http://mda.maryland.gov/plants-pests/Pages/maryland invasive plants prevention and control.aspx):

(1) Euonymus alatus (burning bush);

(2) Ligustrum obtusifolium (blunt-leaved or border privet);

(3) Wisteria sinensis (Chinese wisteria);

(4) Wisteria floribunda (Japanese wisteria);

(5) Wisteria xormosa (floribunda x sinensis hybrids);

(6) Cytisus scopoarius, (Scotch broom);

(7) Nandina domestica (heavenly bamboo), except for the cultivar Firepower;

(8) Phyllostachys aurea (golden bamboo);

(9) Phyllostachys aureosulcata (yellow groove bamboo);

(10) Pyrus calleryana (Callery pear);

(11) Tetradium daniellii (bee bee tree);

(12) Aralia elata (Japanese angelica-tree); and

(13) Berberis thunbergii (Japanese barberry).] The Secretary shall maintain a listing of plants on the Watch List, which listing may be amended from time to time.

[C. A person shall comply with the Tier 2 provisions of this chapter within 3 months of a plant's effective date on the Tier 2 list.]

[E.] D. Procedures for Classification or Declassification of a [an Invasive plant as a Tier 1 Invasive Plant or Tier 2 Invasive Plant] prohibited invasive plant and associated cultivars.

(1) A person who requests the classification or declassification of a plant as a [Invasive Plant as a Tier 1 or Tier 2 invasive plant] prohibited invasive plant, shall submit a written request to the Secretary that includes the name of the requestor, contact information, scientific name of the plant, and a justification for the request.

(2) Upon receipt of the request the Secretary, in consultation with the Invasive Plant Advisory Committee, shall make a determination, considering:

(a) (text unchanged)

(b) If the plant has already been assessed pursuant to Regulation .03 of this chapter, whether new, science-based information is available that could change the species' [tier ranking] designation as a prohibited invasive plant; and

(c) If the plant has not been assessed pursuant to Regulation .03 of this chapter, whether the justification for the request, including documented scientific evidence of economic, ecological, or environmental harm, or harm to human health, necessitates formal weed [risk] status assessment, assessment of invasiveness, or both.

(3) (text unchanged)

[F.] E. Distribution of the [of Tier 2 Invasive Plants] Prohibited Invasive Plant List and the Watch List.

(1) The Secretary shall send [a list of Tier 2 invasive plants] the Prohibited Invasive Plant List and the Watch List with annual renewal letters and with each new application for a nursery, plant dealer, or plant broker license.

(2) The Secretary shall post the [current list of Tier 2 invasive plants] Prohibited Invasive Plant List and the Watch List on the Department's website.

(3) A person in the business of providing landscaping services who plants or supplies for planting [Tier 2 invasive plant] a plant on the Watch List shall provide to the customer requesting the service the [list of Tier 2 invasive plants] Watch List.

[G.] F. Disposal of [Tier 1] Prohibited Invasive Plants. Any person who removes a [Tier 1] prohibited invasive plant off-site shall ensure that:

(1)—(2) (text unchanged)

STEVEN A. CONNELLY
Deputy Secretary

Title 26
DEPARTMENT OF THE ENVIRONMENT

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

26.04.01 Quality of Drinking Water in Maryland

Authority: Environment Article, Title 9, Subtitle 4, Annotated Code of Maryland

Notice of Proposed Action

[25-034-P-I]

The Secretary of the Environment proposes to amend Regulations .01, .01-1, and .20, and adopt new Regulation .31 under COMAR 26.04.01 Quality of Drinking Water in Maryland.

Statement of Purpose

The purpose of this action is to clarify and formalize current policy. COMAR 26.04.01.20B requires that public water systems notify customers of certain high-risk events within 24 hours but does not explicitly include water outages, flooded wells, or flooded springs as Tier 1 public notices. These events occur infrequently but may present an elevated risk to public health. This proposed regulation describes actions that must be taken during certain incidents based upon risk. This proposed action and future guidance manual (not cited in the regulation) will provide clear instructions for water systems to:

(1) Notify customers of water outage events under certain conditions;

(2) Issue a boil water advisory (BWA) for water outages under certain conditions;

(3) Notify customers of a flooded well or spring under certain conditions;

(4) Issue a BWA for a flooded well or spring under certain conditions;

(5) Notify MDE that a BWA has been issued;

(6) Perform corrective actions for a flooded well, a flooded spring or a water outage, depending upon risk, using relevant standards;

(7) Lift a BWA when specific requirements are met; and

(8) Maintain records for water outages, a flooded well, a flooded spring, and relevant public notices.

Estimate of Economic Impact

I. Summary of Economic Impact. The proposed action may have a minimal economic impact as these high-risk events occur infrequently, and these regulations were developed to minimize adverse economic impact. The cost of bacteriological sample collection and analysis is approximately $150. Larger utilities generally perform these services in-house to decrease costs.

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:
Municipal and County Governments That Own a Public Water System	(E+)	None to small
	Benefit (+) Cost (-)	Magnitude
D. On regulated industries or trade groups:
Privately owned	(-)	None to small
E. On other industries or trade groups:
Private Labs and Contract Operational Services	(+)	None to small
F. Direct and indirect effects on public:
Consumers of Public Water Systems	(+)	Significant

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

C. Local governments that own public water systems have advised that they experience these high-risk events infrequently. Local governments can avoid adverse economic impacts if they plan for distribution repairs before a water outage occurs, and ensure wells and springs are protected from flooding. The proposed regulations promote transparency and should result in increased consumer confidence (public trust), which can minimize pushback with future rate increases.

D. Regulated privately-owned water systems are expected to experience these high-risk events infrequently. Water systems can avoid adverse economic impacts if they plan for distribution repairs before a water outage occurs, and ensure wells and springs are protected from flooding.

E. Small private labs and contract operational services may see a minor increase in revenue.

F. The public will benefit significantly due to increased awareness of potential water quality changes that could adversely impact public health. As a result, the public should experience increased confidence in their water system, as well as fewer medical costs and lost wages due to high-risk events.

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 Dee Settar, Water Supply Program Deputy Manager, Maryland Department of the Environment, 1800 Washington Blvd, Baltimore, MD 21230, or call 410-537-4162, or email to [email protected]. Comments will be accepted through February 23, 2026. 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, Pursuant to State Government Article, §7-207, Annotated Code of Maryland, American Water Works Association, AWWA Standard, Disinfecting Water Mains (ANSI/AWWA C651-14) Sections 2, 3, and 4 only, effective February 1, 2015, and American Water Works Association, AWWA Standard, Disinfection of Wells (ANSI/AWWA C654-13), effective July 1, 2013; have been declared documents generally available to the public and appropriate for incorporation by reference. For this reason, they will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these documents are filed in special public depositories located throughout the State. A list of these depositories was published in 53:1 Md. R. 10 (January 9, 2026), and is available online at www.dsd.maryland.gov. These documents may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.

.01 Definitions.

A. (text unchanged)

B. Terms Defined.

(1)—(13) (text unchanged)

(14) “Controlled outage” means an outage that is initiated by a supplier of water.

[(14)] (15)— [(22)] (23) (text unchanged)

(24) “Flooded spring” means when water enters a spring box from above the ground surface.

(25) “Flooded well” means when water enters a well casing from above the ground surface.

[(23)] (26)— [(46)] (49) (text unchanged)

(50) “Outage” means a complete loss of pressure in a water main that causes one or more service connections to lose their supply of drinking water.

[(47)] (51)— [(71)] (75) (text unchanged)

(76) “Uncontrolled outage” means an outage that is not initiated by a supplier of water.

[(72)] (77)—[(76)] (81) (text unchanged)

.01-1 Incorporation by Reference.

A. (text unchanged)

B. Documents Incorporated. Code of Federal Regulations (CFR) — 40 CFR §§141 and 142 (July 1, 2014):

(1)—(15) (text unchanged)

(16) Ground Water Rule (40 CFR §§141.21, 141.28, 141.153, 141.202, 141.203, 141.400—141.405, 142.14—142.16) — November 8, 2006, November 21, 2006, and February 13, 2013 revisions; [and]

(17) Revised Total Coliform Rule (40 CFR §§141.4, 141.52, 141.63, 141.71, 141.74, 141.132, §§141.851—141.861, Subpart Y, and 142.15—142.16, 142.63) — February 13, 2013, and February 26, 2014 revisions[.];

(18) American Water Works Association, AWWA Standard, Disinfecting Water Mains (ANSI/AWWA C651-14) Sections 2, 3, and 4 only, effective February 1, 2015; and

(19) American Water Works Association, AWWA Standard, Disinfection of Wells (ANSI/AWWA C654-13), effective July 1, 2013.

.20 Public Notification of Variances, Exemptions, and Noncompliance with Standards.

A. General Public Notification Requirements.

(1)—(4) (text unchanged)

(5) If a supplier of water experiences an outage under Regulation .31 of this chapter, the supplier of water may limit the distribution of the public notice to individuals who are served by the portion of the distribution system that experienced the outage.

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

B. Tier 1 Public Notices.

(1) The violation categories requiring Tier 1 notices are specified in 40 CFR § 141.202 and [include] this regulation, including:

(a)—(h) (text unchanged)

(i) Occurrence of an uncontrolled outage;

(j) Occurrence of a controlled outage if there is clear evidence of contamination entering a distribution system;

(k) Detection of E. coli in any sample collected under Regulation .31 of this chapter;

(l) Entry of water from a flooded spring into a distribution system;

(m) Entry of water from a flooded well into a distribution system; or

[(i)] (n) (text unchanged)

(2)—(3) (text unchanged)

C.—D. (text unchanged)

E. Public Notice Content.

(1) Each public notice shall meet the requirements [as described] in 40 CFR § 141.205, and shall include the following information:

(a) A description of the violation or situation, including, as applicable, the contaminant of concern, and the contaminant level;

(b)—(j) (text unchanged)

(2)—(9) (text unchanged)

(10) A supplier of water shall include language approved by the Approving Authority in each public notice if any event listed in §B(1)(i)—(m) of this regulation occurs.

.31 Outages, Flooded Wells, and Flooded Springs.

A. Applicability.

(1) A supplier of water to a community water system shall comply with this regulation.

(2) A supplier of water to a nontransient noncommunity water system with two or more service connections or a transient noncommunity water system with two or more service connections shall comply with this regulation.

(3) A supplier of water to a nontransient noncommunity water system with one service connection or a transient noncommunity water system with one service connection shall comply with §§B(2), C(3)-(4), and F—I of this regulation, as applicable.

(4) The requirements of this regulation are in addition to, and do not supersede, the requirements of this chapter.

B. Public Notification Requirements.

(1) A supplier of water shall comply with Regulation .28 of this chapter and shall issue a Tier 1 public notice as provided in Regulation .20 of this chapter each time one of the following events occurs:

(a) An uncontrolled outage; or

(b) A controlled outage if there is clear evidence of contamination entering a distribution system.

(2) A supplier of water shall comply with Regulation .28 of this chapter and shall issue a boil water advisory as a Tier 1 public notice as provided in Regulation .20 of this chapter each time one of the following events occurs:

(a) Water from a flooded spring enters a distribution system;

(b) Water from a flooded well enters a distribution system; or

(c) E. coli is detected in any sample collected in accordance with §§D(1), F(1), or G(1) of this regulation.

C. Repair and Disinfection Procedures.

(1) A supplier of water that experiences an uncontrolled outage or a controlled outage if there is clear evidence of contamination entering a distribution system shall meet all the following requirements:

(a) Disinfect each affected area of the distribution system in accordance with a method described in ANSI/AWWA C651-14, Section 4, or an alternative method approved by the Approving Authority;

(b) Document any evidence of contamination in writing;

(c) Disinfect each repair part with a minimum one percent free chlorine solution; and

(d) Flush each affected area of the distribution system.

(2) A supplier of water that experiences a controlled outage shall flush each affected area of the distribution system.

(3) A supplier of water that experiences a flooded well shall perform all of the following requirements:

(a) Disinfect the flooded well in accordance with ANSI/AWWA C654-13, Section 4; and

(b) If water from a flooded well enters a distribution system, a supplier of water shall meet all of the following requirements:

(i) Flush each affected area of the distribution system; and

(ii) After distribution system flushing is completed, instruct each customer to flush each plumbing fixture for at least 5 minutes.

(4) A supplier of water that experiences water from a flooded spring entering a distribution system shall meet all of the requirements in §C(3)(b) of this regulation.

D. Water Quality Sampling for Outages.

(1) A supplier of water that experiences an uncontrolled outage or a controlled outage if there is clear evidence of contamination entering a distribution system shall sample each affected area of the distribution system for all of the following:

(a) Total coliform;

(b) E. coli; and

(c) If a supplier of water uses chemical disinfection, disinfectant residual at the location where each bacteriological sample is taken.

(2) A supplier of water shall sample each affected area of the distribution system for disinfectant residual if the supplier of water:

(a) Experiences a controlled outage; and

(b) Uses chemical disinfection.

(3) A supplier of water shall collect the number of samples specified in §E of this regulation and shall gather these samples from different, representative locations in each affected area of the distribution system.

E. Number of Required Samples.

Number of Service Connections Impacted	Number of Samples
1—50	1
51—100	2
101 - 500	3
501 - 1000	4
Over 1,000	Consult with the Approving Authority

F. Water Quality Sampling for Flooded Wells. A supplier of water that experiences a flooded well shall perform all of the following requirements:

(1) Sample the flooded well for total coliform and E. coli in accordance with ANSI/AWWA C654-13; and

(2) If water from the flooded well enters the distribution system, meet all of the requirements in §§D(1), D(3), and E of this regulation.

G. Water Quality Sampling for Flooded Springs. A supplier of water that experiences a flooded spring shall perform all of the following requirements:

(1) Collect at least 2 total coliform and E. coli samples at least 30 minutes apart from the spring after the spring has returned to normal conditions; and

(2) If water from the flooded spring enters the distribution system, meet all of the requirements in §§D(1), D(3), and E of this regulation.

H. Lifting a Public Notice.

(1) A supplier of water may lift a Tier 1 public notice issued pursuant to §B of this regulation and Regulation .20 of this chapter when all of the following requirements are met:

(a) Each requirement under §C of this regulation is complete, as applicable;

(b) Normal operating conditions have resumed;

(c) Bacteriological tests under this regulation are negative for total coliform and E. coli; and

(d) For suppliers of water that use chemical disinfection, disinfectant residual tests under this regulation are detectable.

(2) A supplier of water shall submit all of the following documents to the Approving Authority within 10 days after the Tier 1 public notice is lifted:

(a) Each bacteriological test result under this regulation;

(b) Each disinfectant residual test result under this regulation;

(c) A copy of the notice to customers that lifted the Tier 1 public notice; and

(d) Any other documentation requested by the Approving Authority.

I. Record Keeping.

(1) A supplier of water shall keep a written record of all of the following for 3 years after each event occurs:

(a) Outages;

(b) Flooded wells;

(c) Flooded springs;

(d) Public notices issued pursuant to §B of this regulation;

(e) Bacteriological test results under this regulation;

(f) Disinfectant residual test results under this regulation; and

(g) A copy of the notice to customers that lifted the Tier 1 public notice under §H(1) of this regulation.

(2) A supplier of water shall provide the records required under §I(1) of this regulation to the Approving Authority on request.

SERENA MCILWAIN
Secretary

Issue Date	Emergency and Proposed Regulations 5 p.m.*	Notices, etc. 10:30 a.m.	Final Regulations 10:30 a.m.
February 6**	January 16	January 26	January 28
February 20	February 2	February 9	February 11
March 6**	February 13	February 23	February 25
March 20	March 2	March 9	March 11
April 3	March 16	March 23	March 25
April 17	March 30	April 6	April 8
May 1	April 13	April 20	April 22
May 15	April 27	May 4	May 6
May 29	May 11	May 18	May 20
June 12**	May 22	June 1	June 3
June 26	June 8	June 15	June 17
July 10	June 22	June 29	July 1
July 24	July 6	July 13	July 15
August 7	July 20	July 27	July 29
August 21	August 3	August 10	August 12
September 4	August 17	August 24	August 26
September18**	August 31	September 4	September 9
October 2	September 14	September 21	September 23
October 16	September 28	October 5	October 7
October 30**	October 9	October 19	October 21
November 13	October 26	November 2	November 4
November30***	November 9	November 16	November 18
December 11	November 23	November 30	December 2
December28***	December 7	December 14	December 16