Title 05
DEPARTMENT OF HOUSING AND COMMUNITY DEVELOPMENT
Subtitle 14 NEIGHBORHOOD AND
COMMUNITY ASSISTANCE PROGRAM
05.14.01 Community Investment
Tax Credit Program
Authority: Housing and Community Development Article, Title 6,
Subtitle 4, Annotated Code of Maryland
Notice of Proposed Action
[26-139-P]
The Secretary of Housing and Community Development proposes to amend Regulations .04 and .06
under COMAR 05.14.01 Community Investment Tax Credit Program.
Statement of Purpose
The purpose of this action is to add educator workforce housing as
an eligible activity under the Community Investment Tax Credit program.
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 John Papagni, Program Officer, Division of
Neighborhood Revitalization, Department of Housing and Community Development,
7800 Harkins Road, Lanham, MD 20706, or call 443-257-1682, or email to
[email protected]. Comments will be accepted through October 5, 2026. A
public hearing has not been scheduled.
.04 Eligibility Standards for Approved Projects.
A. (text unchanged)
B. In order to be eligible for approval under the Program, the
project shall satisfy the following requirements:
(1) (text unchanged)
(2) The project shall
provide services including:
(a)—(d) (text
unchanged)
(e) Crime prevention, [or]
(f) Educator workforce housing; or
[(f)](g) (text unchanged)
(3) (text unchanged)
.06 Project Review and
Selection Procedures.
A.—F. (text unchanged)
G. Notification.
(1)—(3) (text unchanged)
(4) If the project is an educator workforce development project,
the Department may not approve a project without notifying the County Board of
Education, or authorized designee of at least one local school system that
benefits from the project.
JACOB R. DAY
Secretary of Housing and
Community Development
Subtitle 20 Revitalization Programs
05.20.06 Catalytic
Revitalization Project Tax Credit
Authority: Housing and Community Development Article, §6-904,
Annotated Code of Maryland
Notice of Proposed Action
[26-140-P]
The Secretary of Housing and Community Development proposes to amend
Regulations .02 and .04 under COMAR 05.20.06 Catalytic
Revitalization Project Tax Credit.
Statement of Purpose
The purpose of this action is to add a definition of workforce
housing and include workforce housing as an activity under the Catalytic
Revitalization Tax Credit applications.
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 John Papagni, Program Officer, Division of
Neighborhood Revitalization, Department of Housing and Community Development,
7800 Harkins Road, Lanham, MD 20706, or call 443-257-1682, or email to
[email protected]. Comments will be accepted through October 5, 2026. A
public hearing has not been scheduled.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(10) (text unchanged)
(11) “Workforce housing” has the meaning stated in Housing and
Community Development Article, §4-1801, Annotated Code of
Maryland.
.04 Applications.
A. (text unchanged)
B. The Department shall consider the following factors when
reviewing an application with an emphasis on applications that promote
affordable housing and workforce housing:
(1)—(3) (text unchanged)
C.—G. (text unchanged)
JACOB R. DAY
Secretary of Housing and
Community Development
Title 07
DEPARTMENT OF HUMAN SERVICES
Subtitle 03 FAMILY INVESTMENT
ADMINISTRATION
07.03.25 Critical Medical
Needs Program
Authority: Human Services Article, §§5-5A-07, 5-5A-08, and 5-608,
Annotated Code of Maryland
(Agency Note: Federal Regulatory Reference—45 CFR 96, Subpart H)
Notice of Proposed Action
[26-125-P]
The Acting Secretary of Human Services proposes to amend Regulation
.04 under COMAR 07.03.25 Critical Medical Needs Program.
Statement of Purpose
The purpose of this action is to reduce administrative obstacles
for households with critically medically vulnerable individuals applying for
financial assistance for their energy bills through the Department of Human
Service’s Critical Medical Needs Program. The program facilitates energy
assistance to households with critically medically vulnerable individuals
through authorized navigators (e.g., hospitals, elder care facilities, and
community health workers), who directly assist households in the application
process. Presently, an application must include a certification that someone in
the applicant’s household has a serious illness or need for life-support
equipment, which must be verified by either a licensed physician or certified
nurse practitioner.
The proposed action would:
(1) Add as an option for certification to include self-attestation
by applicant; and
(2) Broaden the type of medical professional that can verify a
certification to include a physician assistant. These proposed changes will
streamline access to energy assistance by reducing barriers for individuals who
may have limited mobility, difficulty accessing medical appointments, or
challenges obtaining documentation due to disability or illness.
Estimate of Economic Impact
I. Summary of Economic Impact. This proposed action will
have an economic impact. The ability of an applicant to self-attest critical
medical needs may result in more eligible individuals applying for assistance.
While the removal of a medical practitioner endorsement may lead to a an
increase in applications due to the ease of self-attestation, the Critical
Medical Needs Program still requires all applicants to be referred and
processed through authorized navigators, which serves as a safeguard against
fraudulent claims. Navigators—such as hospital discharge planners, community
health workers, and staff within elder care facilities—validate the applicant’s
circumstances and ensure that referrals are legitimate.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Department of Human Services
|
(E+)
|
Indeterminate
|
|
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:
|
|
|
|
Public
|
(+)
|
Indeterminate
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. The proposed action may result in increased energy assistance
expenditures by the Department of Human Services. By allowing applicants to
self-attest to critical medical needs without requiring a medical
practitioner’s endorsement, more eligible individuals may apply for assistance.
While a potential increase in applications could increase overall benefit
disbursement, the magnitude of this impact is expected to remain limited
because applicants must still be processed through authorized navigators, which
helps ensure that referrals are appropriate and legitimate.
F. This proposed action is expected to have a positive impact on
critically medically vulnerable individuals and their households. The proposed
action will authorize applicants to self-attest the critical medical needs of
an individual in their household without requiring a medical practitioner’s
endorsement. These changes streamline the application process, which may
increase the number of households applying for energy assistance through the
Critical Medical Needs Program. Additionally, self-attestation rather than
verification by a medical professional will allow eligible households to
receive assistance more quickly, particularly those who rely on life-sustaining
utility services.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
This proposed action is expected to have a positive impact on
individuals with disabilities. By allowing applicants to self-attest critical
medical needs without requiring a medical practitioner’s endorsement, the
proposed action reduces barriers for individuals who may have limited mobility,
difficulty accessing medical appointments, or challenges obtaining
documentation due to their disability. The change streamlines the application
process and allows individuals to receive assistance more quickly, particularly
those who rely on life-sustaining utility services. Because applications must
still be processed through authorized navigators, program integrity and
verification remain intact while removing an administrative burden that
disproportionately affects individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to Erica Chapman, Government Affairs
Administrator, Maryland Department of Human Services, Maryland Department of
Human Services, Office of Government Affairs, 25 South Charles Street,
Baltimore, MD 21201, or call 443-257-7699, or email to
[email protected]. Comments will be accepted through October 5, 2026.
A public hearing has not been scheduled.
.04 Application Process.
A. (text unchanged)
B. A navigator shall submit a complete CMN Program application [shall
include] that includes:
(1)
(text unchanged)
(2) A
completed certification
of serious illness or need for life support equipment form that [shall
include] includes, at a minimum, the following:
(a) A
certification of a serious illness or the need for life-support equipment made
by:
(i) [A
licensed physician] A medical professional to include a
licensed physician, physician assistant, or certified nurse practitioner; or
(ii) [A
certified nurse practitioner] The applicant attesting that they or
their minor child have a serious illness or need for life support equipment;
(b)—(c)
(text unchanged)
(d) [The] If a medical professional is providing the
certification described under §B(2)(a)(i) of this regulation, the name, address, telephone number, [physician or certified
nurse practitioner] license number, and signature of the certifying [physician
or certified nurse practitioner] medical professional; and
(e)
(text unchanged)
(3)—(4)
(text unchanged)
STACY L. RODGERS
Acting Secretary of Human
Services
Title 09
DEPARTMENT OF LABOR
Subtitle 29 BOARD OF FORESTERS
09.29.01 General Regulations
Authority: Business Occupations and Professions Article, §§7-206(a)(1),
7-304(b), and 7-305(b)(1)(i), Annotated Code of Maryland
Notice of Proposed Action
[26-134-P]
The Maryland Board of Foresters proposes to amend Regulation .02
under COMAR 09.29.01 General Regulations. This action was considered at
a public meeting of the Maryland Board of Foresters held on June 12, 2026,
notice of which was given by posting the the Maryland Board of Electricians'
website, pursuant to General Provisions Article, §3-305(c)(3)(ii), Annotated
Code of Maryland.
Statement of Purpose
The purpose of this action is to clarify the educational
eligibility requirements for forester license applicants, which require
amendment to comply with Business Occupations and Professions, General
Provisions Article, §7-304(b), Annotated Code of Maryland, which was amended
during the 2026 Maryland legislative session.
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 Dorsey, Executive Director,
Maryland Board of Foresters, Maryland Department of Labor, Maryland Department
of Labor, 100 S. Charles Street, Tower 1, Suite 3300, Baltimore, MD 21201, or
call 410-230-6318, or email to [email protected]. Final action on
the proposal will be considered by the Maryland State Board of Foresters during
a public meeting to be held on October 5, 2026 at 1:00 p.m. at the Maryland
Department of Labor, 100 S. Charles Street, Tower 1, Suite 3300, Baltimore, MD
21201. Comments will be accepted through October 5, 2026. A public hearing has
not been scheduled.
.02 Application for
Licensing.
A. (text unchanged)
B. An application shall contain:
(1) Statements made under oath showing the applicant's education,
including the applicant's official college transcript, which reflects
completion of a program accredited by the Society of American Foresters [or]
and approved by the Board, including:
(a) (text unchanged)
(b) A [master’s] comparable graduate or
international degree in forestry as set forth in Business Occupations
and Professions Article, §7-304(b)(2), Annotated Code of Maryland;
(2)—(3) (text unchanged)
MICHAEL HUNEKE
Chair, Maryland Board of
Foresters
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 14 CANCER CONTROL
10.14.09 Maryland
Pediatric Cancer Fund
Authority: Health-General Article, §§2–104, 4-101—4-103, 20-120,
and 20-121; State Finance and Procurement Article, §§7-209 and 7-210, Annotated
Code of Maryland.
Notice of Proposed Action
[26-129-P]
The Secretary of Health proposes to adopt new Regulations .01—.13
under a new chapter, COMAR 10.14.09 Maryland Pediatric Cancer Fund.
Statement of Purpose
The purpose of this action is to adopt regulations implementing the
Maryland Pediatric Cancer Fund, pursuant to Health-General Article §20-120,
Annotated Code of Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. Eligible organizations may
receive grants for pediatric cancer research and funds may also be allocated to
childhood cancer organizations for donor promotion and scientific community
education. MDH may also use a small percentage of the Fund for staff and administrative
costs associated with the Commission.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Department of Health
|
(R+)
|
Minor
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Nonprofit hospitals,
educational institutions, and other
eligible nonprofit organizations
|
(+)
|
$2,475,000
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
General Public
|
(+)
|
Major
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Funds from the Fund may be used to administer the Fund,
including staff and administrative costs associated with the Commission.
Pursuant to the underlying statute, the Secretary of MDH may not distribute or
use more than 5 percent of the Fund for these purposes.
D. An eligible organization may be awarded a grant for pediatric
cancer research. In addition, funds may also be allocated to State-based
childhood cancer organizations for use in promoting further donations to the
Fund and to educate the State scientific community about the opportunities for
childhood cancer research through the Fund. The FY27 legislative appropriation
for the Maryland Pediatric Cancer Fund was $2,475,000. This assumes that the
entirety of the FY27 allocation is spent and awarded this Fiscal Year to
eligible applicants. Ultimately, determination of the allocation and total
amount allocated is subject to the discretion of the Commission and the
approval of the Secretary.
F. The Fund supports research aimed at improving existing
treatment, discovering new treatment, and advancing the scientific
understanding of childhood cancer which may contribute to better outcomes and
improved quality of life for children with cancer.
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 October 5,
2026. A public hearing has not been scheduled.
.01 Purpose and Scope.
This chapter:
A. Defines the Maryland Pediatric Cancer Fund;
B. Sets forth the responsibilities of the Maryland Department of
Health with respect to the Maryland Pediatric Cancer Fund;
C. Describes the Pediatric Cancer Research Commission;
D. Identifies eligible applicants for the Maryland Pediatric
Cancer Fund; and
E. Outlines the grant process for the Maryland Pediatric Cancer
Fund.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Administrative expenses” means staffing costs, costs
associated with establishing and maintaining the Commission, and costs
associated with the development, review, evaluation, and award of grants.
(2) Applicant.
(a) “Applicant” means an organization who applies to receive a
grant under the Maryland Pediatric Cancer Fund.
(b) “Applicant” includes an authorized representative acting on
behalf of, or submitting an application on behalf of, an organization.
(3) “Applied research” means research that is focused on
determining how the research enterprise can most effectively translate existing
scientific information into solutions to real-world problems, including new
diagnostics and therapies for diseases.
(4) “Basic research” means experimental or theoretical work
undertaken to acquire new knowledge or understanding of cancer.
(5) “Capital expenditures” means money spent to add or expand
property, equipment, and assets that will benefit a grantee in the long term.
(6) “Clinical research” means research:
(a) Conducted primarily on patients; and
(b) Designed to answer questions about the etiology, prevention,
early detection, diagnosis, or treatment of cancer.
(7) “Commission” means the Pediatric Cancer Research Commission
as established in Health-General Article, §20-121, Annotated Code of Maryland.
(8) “Community-based participatory research” means a
collaborative, partnership approach to research that equitably involves
community members, organizational representatives, and researchers in all
aspects of the research process.
(9) “Department” means the Maryland Department of Health.
(10) Educational Institution.
(a) “Educational institution” means an organization whose
primary mission is to educate individuals.
(b) “Educational institution” includes:
(i) Colleges;
(ii) Universities; and
(iii) Graduate schools.
(11) “Fund” means the Maryland Pediatric Cancer Fund.
(12) Grant.
(a) “Grant” means financial assistance from the State to support
an applicant's activities related to pediatric cancer research.
(b) “Grant” does not mean a contract.
(13) “Grantee” means an organization who receives a grant under
the Maryland Pediatric Cancer Fund.
(14) “Hospital” means an institution that is licensed in the
State under COMAR 10.07.01 or other applicable standards established by the
jurisdiction or state in which the service is provided.
(15) “Maryland Pediatric Cancer Fund” means the program which is
administered by the Department under Health-General Article, §20-120, Annotated
Code of Maryland, to provide grants to nonprofit hospitals, educational
institutions, and other nonprofit organizations to conduct pediatric cancer
research.
(16) “Nonprofit organization” means an organization that is
classified under §501(c)(3) of the Internal Revenue Code as a nonprofit
organization.
(17) Research.
(a) “Research” means activities to develop or advance the
understanding of cancer or the techniques or modalities effective in the
prevention, cure, screening, diagnosis, or treatment of cancer.
(b) “Research” includes applied, basic, clinical, translational,
and community-based participatory research.
(18) “Secretary” means the Secretary of the Maryland Department
of Health.
(19) “State-based childhood cancer organization” means a social
organization as defined by State Finance and Procurement Article, §7-402(a),
Annotated Code of Maryland that:
(a) Is headquartered in the State; and
(b) Has a primary mission to address childhood cancer.
(20) “Translational research” means using or applying new
discoveries to benefit patient care.
.03 Maryland Pediatric Cancer Fund.
A. The Maryland Pediatric Cancer Fund is a non-lapsing, special
fund created by Health-General Article, §20-120, Annotated Code of Maryland,
for pediatric cancer research, which is generated from:
(1) Money appropriated in the State Budget to the Fund; and
(2) Any other donations to the Fund.
B. Department Expenditure of Fund. The Department may only
expend funds:
(1) In accordance with an appropriation approved by the General
Assembly in the annual State budget; or
(2) Through an approved budget amendment under State Finance and
Procurement Article, §§7-209 and 7-210, Annotated Code of Maryland.
C. Approved Utilization of the Fund. The Fund shall be used
only:
(1) To make grants for pediatric cancer research;
(2) For administrative expenses; and
(3) To distribute to a promotional account to be allocated to a
State-based childhood cancer organization to be used to promote further
donations to the Fund and to educate the State scientific community about
opportunities for childhood cancer research through the Fund.
D. Each fiscal year, the Secretary may distribute and use no
more than a total of 5 percent of the Fund for the purposes referenced in §C(2)
and (3) of this regulation.
E. Any unspent portions of the Fund shall remain in the Fund and
may not revert to the General Fund of the State.
F. Money expended from the Fund is supplemental to, and is not
intended to take the place of, funding that would otherwise be appropriated to
the Department for pediatric cancer research.
.04 Responsibilities of the Department.
The Department shall:
A. Administer the Fund;
B. Submit a report annually to the General Assembly on
administration of the Fund;
C. Each fiscal year, decide on the amount from the Fund to be
distributed to:
(1) The promotional account;
(2) Administrative expenses; and
(3) Pediatric cancer research grants; and
D. Use the Fund to implement activities related to:
(1) The promotional account;
(2) Administrative expenses; and
(3) Pediatric cancer research grants.
.05 Responsibilities of the Pediatric Cancer Research
Commission.
A. The Commission oversees the award of competitive grants from
the Fund.
B. Duties of the Commission. The Commission shall:
(1) Develop the criteria, standards, and requirements for the
review of applications for pediatric cancer research grants from the Fund;
(2) Establish procedures and guidelines to be used in the
review, evaluation, ranking, and rating of the research grant proposals;
(3) Develop criteria and a process for reviewing grant
applications to ensure that each application is complete and satisfies the
criteria, standards, and requirements developed by the Commission;
(4) Develop disclosure and recusal guidelines to be followed by
members of the Commission when considering grant applications;
(5) Ensure participation recusal is conducted in accordance with
the guidelines required by §B(4) of this regulation;
(6) Establish standards for the oversight of awards; and
(7) Conduct progress reviews of grant recipients.
C. The Commission may consult with experts in performing its
duties.
.06 Eligible Applicants for Pediatric Cancer Research Grants.
A. Subject to any limitations imposed under §B of this
regulation, applicants eligible to receive grants from the Department under
Regulation .04D(3) of this chapter include:
(1) Nonprofit hospitals;
(2) Educational institutions; and
(3) Other nonprofit organizations the Department determines to
be eligible.
B. The Department may limit the applicants eligible to receive a
grant in §A of this regulation based on:
(1) Availability of funds;
(2) The Department's ability to account for and monitor the
grant funding;
(3) The qualifications of the applicants; or
(4) The ability of the applicants to comply with requirements of
the grant.
.07 Allowable Uses of the Pediatric Cancer Research Grant Funds.
Funds granted for pediatric cancer research under Regulation
.04D(3) of this chapter may be used for:
A. Applied research;
B. Basic research;
C. Clinical research;
D. Community-based participatory research; or
E. Translational research.
.08 Unallowable Uses of Pediatric Cancer Research Grant Funds.
A grantee may not use grant funds from the Fund to pay for:
A. Renovations;
B. Capital expenditures;
C. Institutional overhead expenses, organizational expenses, or
charges that are not directly related to pediatric cancer research;
D. Expenses arising from community-based support services; or
E. Individual-level prevention, cure, screening, diagnosis, or
treatment that is unrelated to a research project eligible for the Fund.
.09 Pediatric Cancer Research Grant Funding and Application.
A. Each fiscal year, the Department:
(1) Shall determine the amount of funding available for
pediatric cancer research grants; and
(2) May consider awarding funding for grant applications for
pediatric cancer research.
B. The Department shall make available the grant application and
its instructions.
C. An applicant may not apply for grant funding for more than 2
years with a single grant application.
D. An applicant shall submit the completed application packet to
the Department by the due date provided by the Department to be eligible for
award consideration.
E. Each Maryland educational institution shall be considered as
a singular entity, including:
(1) The University System of Maryland and University of Maryland
Medical System, including all their campuses and health entities;
(2) The Johns Hopkins University and Johns Hopkins Medical
Institutions, including all their campuses and health entities, the Kennedy
Krieger Institute, and the Lieber Institute for Brain Development; and
(3) All subsidiaries and locations of any other organization.
F. As part of the application for a pediatric cancer research
grant under §D of this regulation, an applicant shall attest that the
applicant:
(1) Will use grant funds solely in accordance with the grant
requirements;
(2) Will conduct the pediatric cancer research for which the
grant is requested in the State;
(3) Has the legal capacity and all necessary legal authority to
incur the obligations related to the grant award; and
(4) Will comply with all applicable State and federal laws.
.10 Pediatric Cancer Research
Grant Application Review and Approval.
A. The Commission, to review the grant applications that are
submitted for funding under the Fund, may:
(1) Develop one or more review committees; or
(2) Contract with one or more external peer review consultants.
B. If a review committee or external peer review consultant is
used for the purposes described in §A of this regulation:
(1) The review committee or external peer review consultant
shall make a recommendation to the Commission about the merits, rank, and
rating of each application; and
(2) The Commission shall then evaluate the review committee or
external consultant’s report of each application.
C. The Commission shall recommend to the Department which
projects should be funded.
D. The Department shall make the final determination on funding
grant applications.
.11 Grantee Progress Reviews.
A. Grantees shall be subject to progress reviews on a schedule
set by the Department.
B. The Commission, to conduct progress reviews and make
recommendations to the Department about each grantee’s progress, may:
(1) Develop one or more review committees; or
(2) Contract with one or more external peer review consultants.
C. The Commission shall recommend to the Department whether to
continue providing grant funds to each grantee.
D. The Department shall make the final determination on whether
to continue providing grant funds to each grantee.
.12 No-Cost Grant Extensions.
A. A grantee may apply to the Department for a no-cost extension
of the grant period for the award before the expiration of the grant period by
submitting a written request for an extension to the Department.
B. In evaluating whether to recommend an extension of the grant
period, the Commission:
(1) Shall assess whether progress has been made on the grant
project; and
(2) May recommend to the Department that an extension be granted
based on reports submitted under Regulation .13 of this chapter.
C. The Department shall consider the Commission’s recommendation
regarding the request for an extension and may approve a no-cost grant
extension for up to 1 year.
.13 Payments, Terms and Conditions of Pediatric Cancer Research
Grant Awards, and Terminations.
A. If a financial or progress report required in §B or C of this
regulation is overdue, the Department may withhold payment to the grantee until
the report is submitted.
B. Financial Reports and Records.
(1) A grantee shall:
(a) Establish a separate account to track expenditures under the
grant;
(b) Maintain accurate records, including documentation of each
transaction pertaining to the grant;
(c) Submit to the Department invoices for payment by the
deadline specified by the Department;
(d) Submit to the Department a final financial expenditure
report containing the signature of the financial officer or designee of the
entity affiliated with the grant award by the deadline specified by the
Department; and
(e) Submit a refund of any unexpended funds by the deadline
specified by the Department.
(2) The Department may audit the accounts referenced in §B(1) of
this regulation at any time up to 3 years from the date the final financial
expenditure report is submitted under §B(1) of this regulation.
(3) A grantee shall retain all records pertaining to a grant
award for 3 years from the date the final financial expenditure report is
submitted under §B(1) of this regulation.
(4) In the case of an audit or litigation, the Department may
extend the time period under §B(2) or (3) of this regulation until the
completion of the audit or litigation.
C. Progress Reports.
(1) A grantee shall submit to the Department:
(a) An interim report describing the progress of the grant by
the deadline specified by the Department; and
(b) A comprehensive final report by the deadline specified by
the Department.
(2) The Commission shall conduct oversight and progress reviews
of grant recipients using reports submitted to the Department, site visits, or
any other mechanism to be determined by the Commission.
(3) The Department shall keep research results confidential as
required by Health-General Article, §§4-101—4-103, Annotated Code of Maryland.
D. Publication of Research.
(1) A grantee who publishes results from activities shall
include in the publication an acknowledgement with the text: “Supported in part
with funds from the Maryland Pediatric Cancer Fund.”
(2) A grantee shall provide the Department with a copy of any
published article pertaining to the activities conducted under the grant.
E. Ownership of Equipment. A grantee:
(1) Shall ensure that equipment purchased under a grant under
this chapter is used for the sole purpose of the grant;
(2) Shall keep an inventory of all equipment purchased; and
(3) May not transfer the equipment to another entity without the
written permission of the Department.
F. Termination.
(1) The Secretary may terminate a grant:
(a) If a grantee fails to comply with:
(i) The requirements of this chapter; or
(ii) State, federal, and municipal laws applicable to the
performance of research under the grant;
(b) If a grantee fails to carry out the purposes for which the
grant was awarded;
(c) In compliance with a court order; or
(d) At the request of the grantee.
(2) The Department and the State may not be responsible for any
expenses incurred by a grantee after cancellation of a grant.
(3) The grantee shall return all unexpended funds to the
Department within 60 calendar days of termination of a grant.
G. Compliance with Existing Laws. A grantee shall ensure that an
activity conducted in the performance of the grant is in compliance with all
State, federal, and local laws.
H. Liability.
(1) A grantee is solely responsible for their actions pertaining
to research conducted under a grant award; and
(2) The State and the Department may not be liable for any
claims, losses, liabilities, expenses, or damages arising from research
conducted under a grant awarded under this chapter.
I. A grantee shall enter into a grant agreement with the
Department.
MEENA SESHAMANI, MD, PHD
Secretary of Health
Notice of Proposed Action
[26-127-P]
The Secretary of Health proposes to:
(1) Amend Regulations .04 and .14 under COMAR
10.27.01 Examination and Licensure;
(2) Amend Regulations .02, .03, and .04 under COMAR
10.27.16 Registered Nurse—Workers’ Compensation Medical Case Manager;
(3) Amend Regulation .04 under COMAR 10.39.01
Certification of Nursing Assistants;
(4) Amend Regulations .02, .04 and .05 and
adopt new Regulation .11 under COMAR 10.39.04 Medication Technicians;
(5) Amend Regulation .03 under COMAR 10.39.06 Certified
Dialysis Technicians;
(6) Amend Regulations .01, .03, .05, .06,
and .07 under COMAR 10.53.02 Licensure;
(7) Amend Regulations .01 and .17 under COMAR
10.64.01 Practice of Licensed Direct-Entry Midwives; and
(8) Amend Regulations .02, .04, and .06 under COMAR
10.69.01 Licensure and Licensed Certified Midwives.
This action was considered by the public at a public meeting held
on June 24, 2026, notice of which was given by publication on the Board’s
website at: https://health.maryland.gov/mbon/Pages/meet ings-index.aspx,
pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to expand the requirement of criminal
history records checks (CHRCs) to all professions under the Maryland Board of
Nursing’s jurisdiction and amend outdated language regarding CHRC requirements
for initial application, renewal, and reinstatement, pursuant to House Bill
1420, Health Occupations—Criminal History Records Checks, 2026, Ch. 370; and
Senate Bill 806, Health Occupations—Criminal History Records Checks, 2026, Ch.
371.
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 October 5,
2026. A public hearing has not been scheduled.
Subtitle
27 BOARD OF NURSING
10.27.01 Examination and Licensure
Authority: Health Occupations Article, §8-205 and §8-303, Annotated
Code of Maryland
.04 General Provisions for
Applications.
A. An applicant shall submit:
(1)—(2) (text unchanged)
(3) Written evidence satisfactory to the Board that the applicant
has submitted to a CHRC as required by §A(2) of this regulation by submitting:
(a) [Two sets] One complete set
of fingerprints, as required by the Central Repository and the FBI; and
(b) (text unchanged)
(4)—(5) (text unchanged)
B.—D. (text unchanged)
.14 Inactive Status.
A.—B. (text unchanged)
C. A licensee on inactive status may apply for an active status
license provided that the licensee:
(1) (text unchanged)
(2) Submits to the Board:
(a) (text unchanged)
(b) Written, verified evidence that the licensee has submitted to a
criminal history records check in accordance with Regulation .13 of this
chapter by:
(i) Submitting [two sets] one complete set
of fingerprints, as required by the Central Repository and the FBI; and
(ii) (text unchanged)
D. (text unchanged)
10.27.16 Registered Nurse — Workers’
Compensation Medical Case Manager
Authority: Health Occupations Article, §8-205, §8-302.2, and
§8-303, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(2) (text unchanged)
(3) “Central Repository” has the meaning stated in COMAR
10.27.01.01.
[(3)] (4) (text unchanged)
(5) “Criminal history records check (CHRC)” has the meaning
stated in COMAR 10.27.01.01.
[(4)] (6)—[(8)] (10) (text
unchanged)
.03 Certification
Requirements.
A. For certification as an RN-WCCM, an applicant shall:
(1)—(2) (text unchanged)
(3) Submit to the Board a completed application for certification
as an RN-WCCM; [and]
(4) Pay all fees[.]; and
(5) Submit to a criminal history records check (CHRC) in
accordance with Health Occupations Article, §8-303, Annotated Code of Maryland.
B.—C. (text unchanged)
.04 Renewal of
Certification.
A. (text unchanged)
B. Before certification as an RN-WCCM expires, the RN-WCCM may
renew the certification for an additional term, if the RN-WCCM:
(1)—(2) (text unchanged)
(3) Submits a completed application for renewal on the form the
Board requires; [and]
(4) Pays all fees[.]; and
(5) If required to submit to a CHRC in accordance with §E of
this regulation, submits written evidence satisfactory to the Board that the
applicant has submitted to a CHRC by submitting:
(a) One complete set of fingerprints, as required by the Central
Repository and the FBI; and
(b) All fees required by the Central Repository and the FBI.
C. (text unchanged)
D. Upon notification by the Board that a CHRC is required before
the certification can be renewed, a renewal applicant shall comply with all of
the requirements under §B of this regulation.
E. Criminal history records checks for renewal applicants shall
be scheduled according to the certification holder’s birth month as follows:
(1) In 2026 — all applicants with a September or October birth
month;
(2) In 2027 — all applicants with an October or November birth
month;
(3) In 2028 — all applicants with a November or December birth
month;
(4) In 2029 — all applicants with a December or January birth
month;
(5) In 2030 — all applicants with a January or February birth
month;
(6) In 2031 — all applicants with a February or March birth
month;
(7) In 2032 — all applicants with a March or April birth month;
(8) In 2033 — all applicants with an April or May birth month;
(9) In 2034 — all applicants with a May or June birth month;
(10) In 2035 — all applicants with a June or July birth month.
(11) In 2036 — all applicants with a July or August birth month;
and
(12) In 2037— all applicants with an August or September birth
month.
F. For renewal applicants who are required to submit a CHRC, the
Board may not renew a certification without written documentation that the
applicant has submitted to a CHRC in accordance with Health Occupations
Article, §8-303, Annotated Code of Maryland.
Subtitle
39 BOARD OF NURSING—CERTFICATE HOLDERS
10.39.01 Certification of
Nursing Assistants
Authority: Health Occupations Article, §8-205 and §8-303, Annotated
Code of Maryland
.04 General Provisions for
Applications.
A. An applicant shall submit:
(1)—(2) (text unchanged)
(3) Written evidence satisfactory to the Board that the applicant
has submitted to a CHRC as required by §A(2) of this regulation by submitting:
(a) [Two sets] One complete set of
fingerprints, as required by the Central Repository and the FBI; and
(b) (text unchanged)
(4)—(5) (text unchanged)
B.—D. (text unchanged)
10.39.04 Medication
Technicians
Authority: Health Occupations Article, §8-205, §8-303,
§8-6A-05, and §8-6A-08, Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Central Repository” has the meaning stated in COMAR
10.39.01.02.
[(2)] (3)—[(4)] (5) (text
unchanged)
(6) “Criminal history records check (CHRC)” has the meaning
stated in COMAR 10.39.01.02.
[(5)] (7)—[(9)] (11) (text
unchanged)
.04 Qualifications for
Applicants for Certification.
A. An applicant for MT certification shall:
(1) (text unchanged)
(2) Submit to the Board:
(a) (text unchanged)
(b) The required fee; [and]
(3) Be of good moral character[.]; and
(4) Submit to a criminal history records check (CHRC) in
accordance with Health Occupations Article, §8-303, Annotated Code of Maryland.
B.— C. (text unchanged)
D. An applicant [who reports a positive criminal history on
any application] for MT certification shall provide:
(1) Any documentation requested from the applicant by the Board
including, but not limited to, official certified or true test court documents
and a signed, dated explanation written by the applicant, regarding the facts
and circumstances, outcome, and current status of any criminal history record
information received by the Board:
(a) Under §A(4) of this regulation;
[(a)] (b) In
an answer to a question on the Board’s application form; [or]
[(b)] (c) (text unchanged)
(2) (text unchanged)
E.—G. (text unchanged)
.05 Renewal of
Certification.
A.—C. (text unchanged)
D. An individual applying for renewal of certification shall
provide evidence of:
(1) Satisfactory completion of a Board-approved clinical refresher
course; [and]
(2) Completion of 100 hours of practice as a certified medicine
technician within the 2-year period preceding the date of renewal[.];
and
(3) If required to submit to a CHRC in accordance with §F of
this regulation, submission to a CHRC by submitting:
(a) One complete set of fingerprints, as required by the Central
Repository and the FBI; and
(b) All fees required by the Central Repository and the FBI.
E. Upon notification by the Board that a CHRC is required before
the certificate can be renewed, a renewal application shall comply with all the
requirements under D of this regulation.
F. Criminal history records checks for renewal applicants shall
be scheduled according to the certificate holder’s birth month as follows:
(1) In 2026 — all applicants with a September or October birth
month;
(2) In 2027 — all applicants with an October or November birth
month;
(3) In 2028 — all applicants with a November or December birth
month;
(4) In 2029 — all applicants with a December or January birth
month;
(5) In 2030 — all applicants with a January or February birth
month;
(6) In 2031 — all applicants with a February or March birth
month;
(7) In 2032 — all applicants with a March or April birth month;
(8) In 2033 — all applicants with an April or May birth month;
(9) In 2034 — all applicants with a May or June birth month;
(10) In 2035 — all applicants with a June or July birth month;
(11) In 2036 — all applicants with a July or August birth month;
and
(12) In 2037— all applicants with an August or September birth
month.
G. For renewal applicants who are required to submit a CHRC, the
Board may not renew a certificate without written documentation that the
applicant has submitted to a CHRC in accordance with Health Occupations
Article, §8-303, Annotated Code of Maryland.
.11 Administrative
Reinstatement.
A. The Board shall reinstate the certificate of a certificate
holder who has failed to renew the certificate for any reason, if the
certificate holder meets the renewal requirements in Health Occupations
Article, §8-6A-08, Annotated Code of Maryland and Regulation .05 of this
chapter.
B. An applicant for administrative reinstatement who has failed
to renew the certificate for a period of 1 year or more shall submit to a CHRC
in accordance with Regulation .05D(3) of this chapter before the certificate is
reinstated.
10.39.06
Certified Dialysis Technicians
Authority: Health Occupations Article, §8-205 and §8-303, Annotated
Code of Maryland
.03 General Provisions for
Applications.
A. An applicant shall submit:
(1)—(2) (text unchanged)
(3) Written evidence satisfactory to the Board that the applicant
has submitted to a CHRC as required by §A(2) of this regulation by submitting:
(a) [Two sets] One complete set of
fingerprints, as required by the Central Repository and the FBI; and
(b) (text unchanged)
(4)—(5) (text unchanged)
B.—D. (text unchanged)
Subtitle
53 BOARD OF NURSING—ELECTROLOGY PRACTICE COMMITTEE
10.53.02 Licensure
Authority: Health Occupations Article, §8-205 and §8-303,
Annotated Code of Maryland
.01 General Provisions for
Applications.
A. An applicant shall submit:
(1)—(2) (text unchanged)
(3) Written evidence satisfactory to the Board that the applicant
has submitted to a CHRC as required by §A(2) of this regulation by submitting:
(a) [Two sets] One complete set of
fingerprints, as required by the Central Repository and the FBI; and
(b) (text unchanged)
(4)—(5) (text unchanged)
B.—D. (text unchanged)
.03 Licensure by
Examination.
A. An applicant for licensure by examination shall submit to the
Board:
(1)—(4) (text unchanged)
(5) Written, verified evidence satisfactory to the Board that the
applicant has completed the application for a criminal history records check by
submitting the following:
(a) [Two sets] One complete set of
fingerprints, as required by the Central Repository and the FBI; and
(b) (text unchanged)
B.—E. (text unchanged)
.05 Term and Renewal
of [Licensure] License.
A. Term. A license issued pursuant to Health Occupations
Article, §8-6B-12, Annotated Code of Maryland, authorizes the licensee to
practice licensed electrology while the license is active.
B. Expiration. Unless renewed, a license expires on the 28th day
of a licensee's birth month of every odd-numbered year, except that an initial
license shall not expire within 180 days of the date of issuance.
[A.] C.—[B.] D. (text
unchanged)
E. Criminal history records checks (CHRCs) for renewal
applicants shall be scheduled according to the licensee’s birth month as
follows:
(1) In 2027 — all applicants with a September and October birth
month;
(2) In 2029 — all applicants with a November and December birth
month;
(3) In 2031 — all applicants with a January and February birth
month;
(4) In 2033 — all applicants with a March and April birth month;
(5) In 2035 — all applicants with a May and June birth month;
and
(6) In 2037 — all applicants with a July and August birth month.
[C.] F. (text unchanged)
.06 Inactive Status.
A. (text unchanged)
B. The Board shall reactivate a license if:
(1)—(2) (text unchanged)
(3) The licensee submits to the Board:
(a)—(c) (text unchanged)
(d) Written, verified evidence that the applicant for reactivation
of their license has completed an application for a criminal history records
check by submitting the following:
(i) [Two sets] One complete set of
fingerprints, as required by the Central Repository and the FBI; and
(ii) (text unchanged)
C.—E. (text unchanged)
.07 Reinstatement of
Licensure.
A. The Board shall reinstate the license of an individual who has
failed to renew licensure for less than 5 years for any reason if the
individual:
(1) (text unchanged)
(2) Submits to the Board:
(a)—(b) (text unchanged)
(c) Written, verified evidence satisfactory to the Board that the
applicant has completed the application for a criminal history records check by
submitting the following:
(i) [Two sets] One complete set of
fingerprints, as required by the Central Repository and the FBI; and
(ii) (text unchanged)
B.—E. (text unchanged)
Subtitle 64 BOARD OF
NURSING — LICENSED DIRECT-ENTRY MIDWIVES
10.64.01 Practice of Licensed Direct-Entry Midwives
Authority: Health Occupations Article, §8-205 and §8-303,
Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(6) “Criminal history records check (CHRC) means the performance
of both a State criminal history check by the Central Repository, and a
national criminal history check by the Federal Bureau of Investigation (FBI).
[(6)] (7)—[(16)] (17) (text
unchanged)
.17 Term and Renewal of
License and Reinstatement of License.
A. (text unchanged)
B. A license:
(1) Expires [on October 28 of every odd-numbered year;] on
the 28th day of a licensee's birth month of every odd-numbered year, except
that an initial license shall not expire within 180 days of the date of
issuance;
(2)—(4) (text unchanged)
C.—K. (text unchanged)
L. Criminal history records checks for renewal applicants shall
be scheduled according to the licensee’s birth month as follows:
(1) In 2027 — all applicants with a September and October birth
month;
(2) In 2029 — all applicants with a November and December birth
month;
(3) In 2031 — all applicants with a January and February birth
month;
(4) In 2033 — all applicants with a March and April birth month;
(5) In 2035 — all applicants with a May and June birth month;
and
(6) In 2037 — all applicants with a July and August birth month.
Subtitle 69 BOARD OF NURSING — LICENSED CERTIFIED MIDWIVES
10.69.01 Licensure and Licensed Certified Midwives
Authority: Health Occupations Article, §8-205 and §8-303,
Annotated Code of Maryland
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(6) (text unchanged)
(7) “Criminal
history records check (CHRC) means the performance of both a State criminal
history check by the Central Repository, and a national criminal history check
by the Federal Bureau of Investigation (FBI).
[(7)] (8)—[(10)] (11)
(text unchanged)
.04 Requirements for
Application for Initial Licensure.
A. An applicant for initial licensure as a certified midwife shall
submit to the Board:
(1)—(2) (text unchanged)
(3) Written, verified evidence satisfactory to the Board that the
applicant has completed the application for a criminal history records check by
submitting the following:
(a) [Two sets] One complete set of
fingerprints, as required by the Central Repository and the FBI; and
(b) (text unchanged)
(4)—(6) (text unchanged)
B.—D. (text unchanged)
.06 Term and Renewal of
License.
A. (text unchanged)
B. Unless renewed, a license expires [on October 28 of every
even-numbered year] on the 28th day of a licensee's birth month of
every odd-numbered year, except that an initial license shall not expire
within 180 days of the date of issuance.
C. (text unchanged)
D. [A licensed certified midwife shall submit to a criminal
history records check in order to renew a license in accordance with the
following schedule:
(1) In 2025—all applicants with an August or September birth month;
(2) In 2026—all applicants with a September or October birth month;
(3) In 2027—all applicants with an October or November birth month;
(4) In 2028— all applicants with a November or December birth
month;
(5) In 2029—all applicants with a December or January birth month;
(6) In 2030—all applicants with a January or February birth month;
(7) In 2031—all applicants with a February or March birth month;
(8) In 2032—all applicants with a March or April birth month;
(9) In 2033—all applicants with an April or May birth month;
(10) In 2034—all applicants with a May or June birth month; and
(11) In 2035—all applicants with a June or July birth month.
(12) In 2036—all applicants with a July or August birth month;]
Criminal history records checks for renewal applicants shall be
scheduled according to the licensee’s birth month as follows:
(1) In 2027 — all applicants with a September and October birth
month;
(2) In 2029 — all applicants with a November and December birth
month;
(3) In 2031 — all applicants with a January and February birth
month;
(4) In 2033 — all applicants with a March and April birth month;
(5) In 2035 — all applicants with a May and June birth month;
and
(6) In 2037 — all applicants with a July and August birth month.
E. (text unchanged)
MEENA SESHAMANI, MD, PHD
Secretary of Health
Subtitle 29 BOARD OF
MORTICIANS AND FUNERAL DIRECTORS
Notice of Proposed Action
[26-128-P]
The Secretary of Health proposes to adopt:
(1) New Regulations .01 and .02 under a new chapter, COMAR
10.29.23 Natural Organic Reduction — Definitions;
(2) New Regulations .01—.15 under a new chapter, COMAR
10.29.24 Natural Organic Reduction — Permit, Licensing, and Fees;
(3) New Regulations .01—.13 under a new chapter, COMAR
10.29.25 Natural Organic Reduction — Procedures;
(4) New Regulations .01—.05 under a new chapter, COMAR
10.29.26 Natural Organic Reduction — Complaints and Disciplinary Procedures;
and
(5) Regulations .01 and .02 under a new chapter, COMAR
10.29.27 Natural Organic Reduction — Code of Ethics.
This action was considered by the Board of Morticians and Funeral
Directors at public meetings held on April 8, 2026, May 13, 2026, and June 10,
2026, notice of which was given by publication on the Board’s website at
health.maryland.gov/bom/Pages/home.aspx pursuant to General Provisions Article,
§3–302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to establish regulations to provide
the service of natural organic reduction as an option for the final disposition
of human remains in the State, pursuant to Chs. 599 and 600, Acts of 2024.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action creates a
new registration type for natural organic reduction facilities and operators.
Costs may be associated with bringing these new services online. Adding natural
organic reduction is a voluntary service and is not required. As such, the
economic impact of these regulations is unquantifiable as the Board will not be
able to determine how many individuals would seek to provide this service.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue
(R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Board of Morticians and
Funeral Directors
|
(R+)
|
Unquantifiable
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
Benefit
(+)
Cost
(-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Natural Organic Reduction
Facilities
|
(-)
|
Unquantifiable
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. The Board may collect fees associated with bringing online a
reduction facility in accordance with COMAR 10.29.17.08, but the Board is
unable to quantify the number of facilities that may be interested in bringing
these services online. In line with the Board’s existing fee schedule, the
reduction facility permit initial permit and renewals are $350, the reduction
facility operator permit and renewals are $300.
D. See A.
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 October 5,
2026. A public hearing has not been scheduled.
10.29.23 Natural Organic Reduction —
Definitions
Authority: Health Occupations Article, §7-205, Annotated Code of
Maryland
.01 Scope.
This chapter defines terms used in COMAR 10.29.24—10.29.27.
.02 Definitions.
A. The following terms have the meanings indicated.
B. Terms Defined.
(1) “Aerobic” means
the biochemical decomposition of organic matter primarily into stabilized
solids and carbon dioxide by microorganisms in the presence of air.
(2) “Authorizing agent” means an
individual who has legal authority to arrange for and make decisions regarding
the final disposition of human remains.
(3) “Board” means Board of Morticians
and Funeral Directors.
(4) Bulking Agent.
(a) “Bulking agent”
means a material added to remains to increase porosity and facilitate aeration
during natural organic reduction.
(b) “Bulking agent”
only includes organic materials.
(c) “Bulking agent”
does not include synthetic microbes, insects, or chemicals.
(5) “Consumer” means:
(a) A funeral
establishment contracting with a reduction facility; or
(b) The authorizing
agent of a decedent contracting with a reduction facility.
(6) Curing.
(a) “Curing” means the phase of the reduction process after:
(i) Most of the human remains have completed natural organic
reduction and stabilized; and
(ii) The completion of any pathogen reduction process needed for
the soil remains to meet the standards set in COMAR 10.29.25.11.
(b) “Curing” includes periods in which the soil remains are
managed to increase maturity prior to the completion of natural organic
reduction.
(7) “Decedent” means a dead human being.
(8) Engage in the Operation of a Reduction Facility.
(a) “Engage in the operation of a reduction facility” means
controlling or managing a reduction facility.
(b) “Engage in the operation of a reduction facility” does not
include:
(i) The practice of funeral direction or the practice of
mortuary science;
(ii) Providing assistance in making decisions and filling out
forms that are not directly related to natural organic reduction;
(iii) Obtaining vital statistics, signatures, and other
information necessary to complete a death certificate;
(iv) Transportation of a body to the place of disposition; or
(v) Any other services regarding the disposition of a body that
are not directly related to natural organic reduction.
(9) “Funeral
establishment” means a building, structure, or premises licensed by the Board,
with facilities for:
(a) Embalming or holding of human remains for disposition;
(b) Viewing of the human remains; and
(c) Funeral services.
(10) “Holding facility” means an area, within or adjacent to a
reduction facility, designed for the retention of human remains before natural
organic reduction begins.
(11) Human Remains.
(a) “Human remains” means:
(i) The body of a deceased person; or
(ii) A part of a body or limb that has been removed from a
living person.
(b) “Human remains” includes the body or part of a body or limb
in any state of decomposition.
(c) “Human remains” does not include soil remains produced after
the completion of natural organic reduction.
(12) “Natural organic reduction” means the contained accelerated
conversion of human remains into soil.
(13)
“Organic” means any natural biological substance of plant origin that is
capable of microbial degradation.
(14)
Organic Materials.
(a) “Organic
materials” means biodegradable materials added to the vessel to facilitate the
natural organic reduction process and create nutrient-rich soil.
(b) “Organic
materials” includes, but is not limited to wood chips, straw, and alfalfa.
(15) “Permit” means a license issued by the Board to allow:
(a) A sole proprietor, partnership, limited liability company,
or corporation to operate a business which engages in the operation of a
reduction facility; or
(b) An individual to act as a registered reduction operator.
(16) “Permit holder” means the holder of a permit issued under
Health Occupations Article, Title 7, Annotated Code of Maryland, to operate a
reduction facility or to act as a registered reduction operator.
(17) “Pulverization” means the process of breaking down skeletal
remains into fine particles or powder by crushing, grinding, or milling after
natural organic reduction leaving bone fragments reduced to 5 millimeters or
less.
(18) Reduction Container.
(a) “Reduction container” means a leak-proof container in which
human remains are transported to the reduction facility for natural organic
reduction, and from which the human remains are removed prior to the start of
the natural organic reduction process.
(b) “Reduction container” includes, but is not limited to, a
body bag or casket.
(19) “Reduction facility” means a building, portion of a
building, or structure that houses the necessary appliances, containers, and
facilities for performing natural organic reduction.
(20) “Reduction facility operations plan (RFOP)”
means a description of the process being used by the reduction facility for
natural organic reduction.
(21)
“Reduction identification number” means the identification number associated
with the remains and used to track the remains throughout the natural organic
reduction process.
(22) “Registered reduction operator” means an individual
registered by the Board to operate a reduction facility as a sole proprietor,
or on behalf of a sole proprietor, or a permit holder.
(23) “Responsible party” means a sole proprietor, or the
individual designated by a partnership, limited liability company, or
corporation which holds a permit to engage in the operation of a reduction
facility, to be the registered reduction operator responsible for the
operations of the reduction facility.
(24) “Soil remains” means the soil produced at final disposition
of a dead human body at a reduction facility by completion of natural organic
reduction.
(25) Soil Remains Container.
(a) “Soil remains container” means a closable container in which
soil remains are returned to the authorizing agent or the authorizing agent’s
designee following the completion of natural organic reduction.
(b) “Soil remains container” includes, but is not limited to, an
urn, box, or sack.
(26) “Supervising reduction facility operator” means the
registered professional responsible for managing and overseeing the operations
of a facility that performs natural organic reduction.
(27)
Vector.
(a) “Vector” means a
carrier organism that can transmit a pathogen to another organism.
(b) “Vector”
includes, but is not limited to, flies and other insects, rodents, birds, and
vermin.
(28)
“Vessel” means the chamber, container, or pod into which the remains are placed
for natural organic reduction.
10.29.24 Natural Organic Reduction — Permit,
Licensing, and Fees
Authority: Health Occupations Article, §7-205, Annotated Code of
Maryland
.01 Scope.
This chapter governs the natural organic reduction permit
process and fees for persons regulated under Health Occupations Article, Title
7, Annotated Code of Maryland.
.02 Permit — Issuing
Agency.
A. A person shall obtain a permit to engage in the operation of
a reduction facility from the Board if the person:
(1) Is a licensee or holder of a corporation license under
Health Occupations Article, Title 7, Annotated Code of Maryland; and
(2) Owns a greater interest in a reduction facility than a
person who holds a permit or registration under Business Regulation Article,
Title 5, Annotated Code of Maryland.
B. Before obtaining a permit from the Board, a reduction
facility may perform reduction of the human remains of one decedent provided in
accordance with Regulation .12 of this chapter.
.03 Permit —
Requirements for Permit.
A. Subject to approval by the Board, a person shall receive a
permit to operate a reduction facility in the State if the person meets the
permit requirements of this chapter.
B. A person shall:
(1) Submit an application on the form provided by the Board;
(2) Pay the non-refundable application
fee and any other applicable fees set forth in Regulation .14 of this chapter;
(3) Submit to a State and national criminal history records
check in accordance with Health Occupations Article, §7-301.1(c), Annotated
Code of Maryland;
(4) Be of good moral character if the applicant is an
individual;
(5) Designate a registered reduction facility operator who shall
be responsible for the day-to-day operation of the business provided that the
registered reduction facility operator may not be designated as the responsible
party for more than a total of two reduction facilities;
(6)
Provide a list of the
officers, directors, members, partners, agents, and employees of the entity
applying for the permit;
(7) Provide a certificate of status, issued by the Maryland
Department of Assessments and Taxation, if the applicant is a business entity:
(a) Indicating that the entity is in good standing, or its
equivalent as determined by the Board; and
(b) Dated not earlier than 30 days before the application; and
(8) Comply with all applicable local, State, and federal laws
and regulations.
C. An operating reduction facility shall apply to the Board for
a permit within 90 days from the effective date of this regulation or be
subject to Board action.
D. Before applying to the Board for a permit, any reduction
facility not in operation before the effective date of this chapter shall have
in its employment an individual who holds a certification from:
(1) The Cremation Association of North America (CANA);
(2) The International Cemetery, Cremation and Funeral
Association (ICCFA); or
(3) Another equivalent body recognized by the Board.
.04 Permit Requirements for a Reduction Facility Owned by a Corporation,
Limited Liability Company, or Partnership.
A. A corporation, limited liability company, or partnership
shall receive a permit to operate a reduction facility in this State if the
corporation, limited liability company, or partnership meets the permit
requirements of this regulation.
B. A corporation, limited liability company, or partnership
shall receive a permit if the entity:
(1) Submits an application on the form provided by the Board;
(2) Pays the non-refundable application fee and any other fees
set forth in Regulation .14 of this chapter;
(3) Provides the name, address, and phone number of each
affiliated reduction facility;
(4) Designates a registered reduction operator as the
responsible party for each affiliated reduction facility provided that the
registered reduction operator may not be designated as the responsible party
for more than a total of two reduction facilities;
(5) Provides a list of the officers, directors, members,
partners, agents, and employees of the entity applying for the permit;
(6) Provides a certificate of status, issued by the Maryland
Department of Assessments and Taxation, indicating that the entity is in good
standing, or its equivalent as determined by the Board, and dated not earlier
than 30 days before the date of the application;
(7) Provides evidence of a bond, letter of credit, or trust
account established to meet the requirements of Regulation .08 of this chapter;
and
(8) Provides an affidavit stating that no local, federal, or
State taxes or fees are delinquent.
.05 Permit Requirements for a Reduction Facility Owned by a Sole
Proprietor.
A. A sole proprietor
applicant for a reduction facility permit shall receive a permit to operate a
reduction facility in this State if the sole proprietor applicant meets the
permit requirements of this regulation.
B. A sole proprietor
shall receive a permit if the sole proprietor:
(1) Submits an
application on the form provided by the Board;
(2) Pays the non-refundable
application fee and any other fees set forth in Regulation .14 of this
chapter;
(3) Provides the
name, address, and phone number of each affiliated reduction facility;
(4) Designates a
registered reduction facility operator as the responsible party for each
affiliated reduction facility provided that the registered reduction facility
operator may not be designated as the responsible party for more than a total
of two reduction facilities; and
(5) Provides an
affidavit stating that no local, State, or federal taxes or fees are
delinquent.
.06 Requirements for Registration of a Registered Reduction
Facility Operator.
A. An individual may be registered by the Board as a reduction
facility operator if the individual meets the requirements of this regulation.
B. An individual shall:
(1) Submit an application on the form provided by the Board;
(2) Pay the non-refundable fee and any other applicable fee set
forth in Regulation .14 of this chapter;
(3) Be of good moral character;
(4) Be 18 years old or older;
(5) Achieve certification as a reduction facility operator by
the:
(a) The Cremation Association of North America (CANA);
(b) The International Cemetery, Cremation and Funeral
Association (ICCFA); or
(c) Other equivalent certification recognized by the Board;
(6) In the reduction facility with which the applicant is
affiliated:
(a) Successfully complete the operator training course of the
manufacturer of the vessel located therein; or
(b) Provide a notarized letter by the supervising reduction
facility operator for which the individual is employed indicating the
completion of training on the vessel; and
(7) State:
(a) The name
and mailing address of the reduction facility with which the applicant is
affiliated;
(b) Whether
the reduction facility with which the applicant is affiliated is owned or
controlled by:
(i) A corporation;
(ii) A partnership;
(iii) A limited
liability company; or
(iv) A sole
proprietorship; and
(c) Whether
the applicant is the responsible party for the affiliated reduction facility.
C. To qualify as a trainer, the supervising reduction facility
operator shall have a minimum of 3 years of experience as a reduction facility
operator.
D. Additional Requirements.
(1) An individual
applying for a permit as a registered reduction facility operator shall provide
the Board with a detailed description of activities including, but not limited
to, whether the applicant has:
(a) Had a license,
certification, registration, or permit of the type for which the application is
being submitted ever denied, suspended, or revoked by any jurisdiction;
(b) Been convicted
of a felony in any state or federal court;
(c) Been convicted
in any state or federal court of a misdemeanor directly related to the
ownership or operation of a reduction facility;
(d) Had any civil
judgments or settlements within the 5 years before applying for a permit which
directly related to the ownership or operation of a reduction facility; or
(e) Been convicted
by a court in the State of violating:
(i) A usury provision under Commercial Law Article, Title 12,
Annotated Code of Maryland; or
(ii) An unfair and deceptive trade practices provision under
Commercial Law Article, Title 13, Annotated Code of Maryland.
(2) An applicant
shall submit copies to the Board of all:
(a) Charging
documents which were issued and docket entries for convictions which occurred
before applying for a permit for a misdemeanor or felony referred to in
§D(1)(b), (c), or (e) of this regulation;
(b) Disciplinary
actions, judgments, and final orders which occurred or were issued before
applying for a permit for any regulatory probation, suspension, or revocation
referred to in §D(1)(a) of this regulation; and
(c) Civil judgments
or settlements against the applicant within the past 5 years which directly
relate to the ownership or operation of a reduction facility referred to in
§D(1)(d) of this regulation.
E. A registered
reduction facility operator may not be designated as the responsible party for
more than two reduction facilities.
F. An individual may
be issued permits for affiliations with more than one reduction facility if
each affiliated reduction facility is owned by the same individual or entity.
G. An individual who
will become the registered reduction facility operator for a reduction facility
which was in operation prior to the effective date of this chapter or for a
reduction facility which has filed an application for a permit pursuant to this
chapter shall obtain the certification and training required by §B(5) and (6)
of this regulation within 90 days from the effective date of this chapter or be
subject to action by the Board.
.07 Permit Requirements
for a New Reduction Facility.
A. A sole
proprietor, corporation, limited liability company, or partnership shall
receive a permit to operate a new reduction facility in the State if the sole
proprietor, corporation, limited liability company, or partnership meets the
permit requirements of this regulation.
B. A sole
proprietor, corporation, limited liability company, or partnership shall
receive a permit from the Board if, at least 30 days prior to the opening of
the new reduction facility, the entity:
(1) Submits an
application on the form provided by the Board;
(2) Pays the non-refundable
application fee and any other fees set forth in Regulation .14 of this
chapter;
(3) Provides the
name, address, and phone number of each affiliated reduction facility;
(4) Designates a
registered reduction facility operator as the responsible party for each
affiliated reduction facility provided that the registered reduction facility
operator may not be designated as the responsible party for more than a total
of two reduction facilities;
(5) Provides a list
of the officers, members, partners, agents, and employees of the entity
applying for the permit;
(6) Provides an
affidavit stating that the sole proprietor, corporation, limited liability
company, or partnership:
(a) Is financially
stable; and
(b) Has the ability
to continue to operate the reduction facility business for a 2-year period
after issuance of a permit; and
(7) Provides and
maintains a written Reduction Facility Operations Plan (RFOP) describing the
process being used for natural organic reduction as set forth in §C of this
regulation.
C. Reduction
Facility Operations Plan (RFOP). The RFOP shall specify and describe a
high-level overview of the operational procedures for the reduction facility in
order to comply with the requirements of these regulations, to include:
(1) A description of the methods, equipment, and bulking agents
to be used;
(2) A description of the movement of materials throughout the
reduction process, including a description of the locations to be used at the
reduction facility for receipt, active reduction, curing, and storage phases;
(3) The total amount of vessels;
(4) A plan for the prevention of nuisances, including odors;
(5) A plan for the prevention of harborage and infestation of
vectors;
(6 A plan and procedure for monitoring the temperature of each
vessel, including a procedure for demonstrating that the pathogen reduction
requirements of COMAR 10.29.25.11 are met;
(7) A plan and procedure for monitoring moisture during
reduction;
(8) A plan for periodic inspection of the site by the reduction
operator or personnel;
(9) A description of an ongoing testing program to ensure the
safety of soil remains produced, compliant with COMAR 10.29.25.11;
(10) A procedure for recording instances where soil remains
failed the testing program and actions taken by the registered reduction
operator to bring the soil remains into compliance with COMAR 10.29.25.11; and
(11) The establishment any other reasonable prohibition, rule,
or requirement the Board determines is necessary to protect the public health
and safety during the process of natural organic reduction.
D. Internal Review of RFOP. The registered reduction operator
shall:
(1) Review the RFOP internally every 6 months; and
(2) Update the RFOP when there is a change in registered
reduction operators, procedures, or bulking agents.
.08 Surety Bond
Requirements.
A. With each application for a new permit and renewal for an
existing permit, a permit holder or an applicant shall provide proof of a
surety bond with the Board.
B. The bond shall:
(1) Run to the Board, as obligee, for the benefit of:
(a) The State; and
(b) Any consumer who has been damaged by a violation committed
by a permit holder of any law or regulation governing the activities of
reduction facilities; and
(2) Be:
(a) In an amount determined by the Board under §I of this
regulation; and
(b) Issued by a surety company that:
(i) Is authorized to do business in the State;
(ii) Holds a certificate of authority issued by the Maryland
Insurance Commissioner; and
(iii) Conditioned that the licensee shall comply with all State
laws regulating the activities of natural organic reduction.
C. The liability of the surety:
(1) Shall be continuous;
(2) May not be aggregated or cumulative, regardless of whether
the bond is renewed, continued, replaced, or modified;
(3) May not be determined by adding together the penal sum of
the bond, or any part of the penal sum of the bond, in existence at any two or
more points in time;
(4) Shall be considered one continuous obligation, regardless of
increases or decreases in the penal sum of the bond;
(5) May not be affected by:
(a) The insolvency or bankruptcy of the permit holder;
(b) Any misrepresentation, breach of warranty, failure to pay a
premium, or any other act or omission of the permit holder or an agent of the
permit holder; or
(c) The suspension of the permit;
(6) May not require an administrative enforcement action by the
Board as a prerequisite to liability; and
(7) Shall continue for 3 years after the latter of the date on
which:
(a) The bond is canceled; or
(b) The permit holder, for any reason, ceases to be permitted.
D. Bond Cancellation.
(1) A bond may be canceled by the surety or the licensee by
giving notice of cancellation to the Board.
(2) Notice of cancellation shall:
(a) Be in writing; and
(b) Be sent by certified mail, return receipt requested.
(3) A cancellation of a bond is not effective until 90 days
after receipt of a notice of cancellation by the Board.
E. A claim against the bond may be filed with the surety by:
(1) A claimant; or
(2) The Board for the benefit of a claimant or the State.
F. If the amount of claims against a bond exceeds the amount of
the bond, the surety:
(1) Shall pay the amount of the bond to the Board for pro rata
distribution to claimants; and
(2) Is relieved of liability under the bond.
G. If the penal amount of a bond is reduced by payment of a
claim or judgment, the permit holder shall file a new or additional bond with
the Board.
H. A penalty imposed against a permit holder under Health
Occupations Article, §7-508, Annotated Code of Maryland may be collected and
paid for from the proceeds of a bond required under this section.
I. Amount of Surety Bond. The amount of the surety bond shall be
in an amount of not less than $10,000 and not more than $20,000, as determined
by the Board for each vessel used for natural organic reduction by the permit
holder.
J. In setting the amount of the surety bond under §I of this
regulation, the Board may consider:
(1) The nature and volume of the business or proposed business
of the permit holder or applicant; and
(2) The financial condition of the permit holder or applicant,
including:
(a) The amount, nature, quality, and liquidity of the assets of
the permit holder or applicant;
(b) The amount and nature of the liabilities, including
contingent liabilities, of the permit holder or applicant;
(c) The history of and prospects for the permit holder or
applicant to earn and retain income;
(d) The potential harm to consumers if the applicant or permit
holder becomes financially impaired; and
(e) Any other factor that the Board considers relevant.
K. Subject to approval by the Board, an applicant for a permit
who files an application for a new permit or renewal of a permit may satisfy
the bonding requirement under this regulation by establishing with a financial
institution insured by the Federal Deposit Insurance Corporation in an amount
equal to the bond required under this regulation either:
(1) A trust account; or
(2) An irrevocable letter of credit.
L. If a permit holder is subject to a receivership proceeding,
the Board, or a court-appointed receiver without regard to any priorities,
preferences, or adverse claims, may:
(1) Reduce the bond or the deposit in lieu of a bond to cash;
and
(2) Use the cash to defray the costs associated with the
receivership.
.09 Change of
Information.
The permit holder or registered reduction facility operator shall notify the Board of any change in the
information provided in the application either before or after the issuance of
a permit or registration within a reasonable period of time but not to exceed 7
days from the date of the change.
.10 Renewals.
A. Before the expiration date of the permit or registration, a
permit holder or registered reduction facility operator shall:
(1) Complete and return the renewal application on the form
provided by the Board;
(2) Pay the non-refundable renewal fee set forth in Regulation
.14 of this chapter; and
(3) Submit any additional required documentation.
B. A person who has a permit or registration as a permit holder
or registered reduction facility operator may renew the permit or registration
every 2 years, beginning on a date specified by the Board, in the following
manner:
(1) Fulfill the requirements for renewal set forth in §A of this
regulation; and
(2) Meet the permit and registration requirements of this
chapter and Health Occupations Article, Title 7, Annotated Code of Maryland.
C. After the expiration date of a permit or registration, the
individual may not engage in the operation of a reduction facility or act as a
registered reduction facility operator if:
(1) An application for renewal of the permit or registration has
not been made;
(2) The individual has been identified by the Office of the
Comptroller or the Maryland Department of Labor as delinquent in the payment of
taxes or unemployment insurance contributions, pursuant to COMAR 10.31.02; or
(3) Pursuant to Family Law Article, §10-119.3, Annotated Code of
Maryland, the individual has outstanding child support obligations.
D. An individual who engages in the operation of a reduction
facility or acts as a registered reduction facility operator without renewing
the required permit or registration is subject to disciplinary action by the
Board.
E. If a permit holder or registered reduction facility operator
applies for renewal past the expiration date of the permit or registration, the
individual shall pay the renewal fee plus the late renewal fee set forth in
Regulation .14 of this chapter.
.11 Permit
Reinstatement.
A person who has been issued a permit, and who has allowed the
permit to lapse for at least 30 days, may reinstate a permit by doing the
following:
A. Completing a permit application on the form provided by the
Board;
B. Paying the permit fee and the late renewal fee set forth in
Regulation .14 of this chapter;
C. Meeting the permit requirements set forth under this chapter;
D. Submitting the documentation required by this chapter;
E. Providing a full written explanation to the Board detailing
the reasons why the permit was allowed to expire and why a permit is now
sought; and
F. Submitting to the Board an affidavit stating that the person
did not engage in the operation of a reduction facility in the State while the
permit was lapsed.
.12 Reduction Prior to
Obtaining a Permit.
A reduction facility may perform the natural organic reduction
of one decedent prior to obtaining a permit from the Board provided:
A. The natural organic reduction is only performed as a part of
the manufacturer’s operator training course for the vessels in which the
reduction takes place; and
B. The authorizing agent of the decedent is notified and has
given permission prior to the natural organic reduction.
.13 Hearings—Permit Denial.
A. Permit Denial. An
applicant or permit holder applying for an initial or renewal permit to the
Board may be denied the issuance of a permit, subject to the hearing provisions
of Health Occupations Article, §§7-319 and 7-604, Annotated Code of Maryland.
B. Hearing Before
the Board.
(1) Except as
otherwise provided in §B(2)—(5) of this regulation, all contested cases before
the Board shall be governed by COMAR 10.29.01.
(2) An applicant who
has been notified that a new or renewal permit has been or may be denied and
who requests a hearing before the Board shall file the request for a hearing no
later than 30 days after the notice of proposed action was mailed.
(3) The Board shall
send the hearing notice described in COMAR 10.29.01.02 at least 30 days before
the hearing or, if the parties have agreed to a date for which 30 days’ notice
cannot be given, at the earliest time possible.
(4) The notice to an
applicant that a new or renewal permit has been or may be denied shall state
that the proposed action of the Board shall be affirmed if:
(a) A hearing is not
requested within 30 days after the date the notice of proposed action was
mailed; or
(b) The applicant
fails to appear for the hearing after requesting a hearing.
(5) If, after a
hearing, the proposed action of the Board is upheld, the appellant shall pay
the hearing costs described in Regulation .14C of this chapter.
.14 Fees.
A. Fee Schedule. The fee schedule for reduction facilities is as
set forth in COMAR 10.29.17.08.
B. In reading the
fee schedule under COMAR 10.29.17.08 as it relates to reduction facilities, the
phrase “reduction facility” shall be substituted for “crematory”.
C. Hearing costs
described in Health Occupations Article, §7-319(g), Annotated Code of Maryland,
shall be determined to include the cost of a court reporter and the transcripts
ordered by the Board, or by the Office of the Attorney General, for the purpose
of presenting a case alleging violation of Business Regulation Article, Title
5, Annotated Code of Maryland, before the Board or before the Office of
Administrative Hearings.
.15 Display of Permit.
A permit and registration, as well as any other permit or
license required by local, State, or federal agencies, shall be conspicuously
displayed in a public area on the reduction facility premises.
10.29.25
Natural Organic Reduction — Procedures
Authority: Health Occupations Article, §7-205, Annotated Code of
Maryland
.01 Scope.
This chapter governs the procedures to be followed by a permit
holder in performing natural organic reduction in the State.
.02 Removal,
Identification, and Transportation of Human Remains.
A. Upon receipt of human remains, a permit holder in the
presence of the authorizing agent or representative of the funeral
establishment engaging in reduction facility services shall:
(1) Verify that the information on the wrist tag is consistent
with the:
(a) Documentation accompanying the human remains; and
(b) Visual observation of the human remains;
(2) Use a metal detector wand to inspect for the presence of any
battery operated, implanted devices including pacemakers, defibrillators, or
pain relief devices before the process may begin;
(3) Refuse to accept human remains for natural organic reduction
if human remains are confirmed to have or suspected of having one or more of
the conditions enumerated in §B
of this regulation;
(4) Remove and properly dispose of any hazardous object or any
other materials that the individual authorized under this subtitle deems should
be removed from the human remains or the vessel in order to prevent harm to the
public health or damage to the vessel;
(5) Remove any jewelry on the human remains or in the vessel;
(6) Return any removed jewelry to the authorizing agent or
representative of the funeral establishment engaging in natural organic
reduction services; and
(7) Obtain a signed, itemized receipt from the authorizing agent
or representative of the funeral establishment engaging in natural organic
reduction services for the removed jewelry and retain the receipt as a
permanent record.
B. A permit holder may not accept human remains for natural
organic reduction if the human remains are confirmed to have or suspected of
having either:
(1) A radioactive seed implant within 30 days of death;
(2) A nuclear pacemaker;
(3) Perishing due to a radiologic incident or accident, unless a
written release is provided by the Maryland Department of Environment
Radiological Health Program or other local, State, or federal agency in charge
of the response to the radiological incident or accident; or
(4) A presence of Creutzfeldt-Jakob disease or other prion
disease, Ebola virus infection, Mycobacterium tuberculosis infection, or any
other infection, disease, or biological condition identified by the Board based
on the reasonable recommendation of federal, State, or local health authority.
C. Foreign objects removed from the human remains:
(1) Shall be treated as medical waste and disposed of
accordingly; and
(2) May not be donated until a sterilization process through a
third party recognized by the Board to dispose properly of medical waste has
been performed.
D. Materials identifying the human remains that are placed in
the custody of a permit holder shall contain the following information about
the decedent:
(1) Name;
(2) Date of birth;
(3) Date of death;
(4) Name of funeral establishment or authorizing agent;
(5) Gender; and
(6) Name and relationship of authorizing agent to the decedent.
E. A permit holder may not accept for natural organic reduction
unidentified human remains.
.03 Vessels.
A. A vessel shall:
(1) Be leak-proof,
durable, non-corrosive, and fully sealed;
(2) Enable accurate
testing of temperature designed to measure from the coldest part of the
interior of the vessel and the accurate collection of any other data required
by the natural organic process used by the natural organic reduction facility;
(3) Prevent vectors
from entering the vessel; and
(4) Control odor.
B. Natural
organic reduction facilities shall:
(1) Only use a
contained vessel that is designed to promote aerobic reduction which minimizes
odors and vectors;
(2) Employ a
licensed natural organic reduction facility operator;
(3) Comply with all
other applicable local, State, and federal laws and regulations; and
(4) Reach a minimum
temperature of 131°F for
72 consecutive hours during the reduction process.
.04 Holding Facilities.
A holding facility shall:
A. Comply with applicable public health laws;
B. Preserve the dignity of human remains;
C. Recognize the integrity, health, and safety of reduction
facility personnel; and
D. Be secure from access by unauthorized persons.
.05 Holding Remains.
A. Unless prevented by emergency circumstances, human remains
that have been designated for natural organic reduction shall be placed in a
vessel and begin natural organic reduction services within 48 hours after
receipt.
B. A permit holder may not hold human remains for natural
organic reduction unless the human remains are contained within a reduction
container.
C. A permit holder may not accept a reduction container from
which there is any evidence of leakage of the body fluids from the human
remains therein.
D. Whenever a permit holder is unable to perform natural organic
reduction on a decedent within 48 hours of taking custody due to emergency
circumstances, the permit holder shall maintain the human remains in a
refrigerated holding facility, either on or off site, at 40°F or less.
E.
If any remains exhibit an objectionable odor either at delivery or at any time
thereafter, reduction of such remains shall commence as soon as possible after:
(1) The remains have
been accepted by the reduction facility; or
(2) The
objectionable odor is first detected.
.06 Identification of Human Remains Immediately Before Reduction.
A. A person may not initiate natural organic reduction of a body
until it has been identified by:
(1) The next of kin;
(2) A person authorized to arrange for final disposition of a
decedent under Health-General Article, §§5-508—5-512, Annotated Code of
Maryland; or
(3) A medical examiner.
B. Immediately before being placed within the vessel, the
individual authorized under this subtitle shall:
(1) Verify the identification of the human remains; and
(2) Place outside the vessel the hard metal or plastic
identification disc of the human remains receiving natural organic reduction
services where it shall remain in place until the reduction process is
complete.
C. Records.
(1) The permit holder shall maintain the written authorizations
required by Regulation .07 of this chapter pursuant to Health-General Article,
§4-403, Annotated Code of Maryland and COMAR 10.01.16.04B.
(2) The records generated under §C(1) are subject to inspection
and copying by the Board.
.07 Natural Organic
Reduction Authorization.
A. Except as otherwise provided in this regulation, a permit
holder may not perform natural organic reduction services on human remains
until:
(1) The human remains have been identified as required under
Health Occupations Article, §7-411, Annotated Code of Maryland;
(2) The reduction facility has received:
(a) A natural organic reduction authorization on a form approved
by the Board and signed by an authorizing agent;
(b) If applicable, a written delegation document or facsimile;
and
(c) Any other documentation required by local, State, or federal
law or regulation; and
(3) The permit holder has documented that at least 12 hours have
elapsed from the time of death of the individual whose remains are to be
reduced.
B. Natural Organic Reduction Authorization Form. The natural
organic reduction authorization form shall:
(1) Be provided by the permit holder to the authorizing agent
and signed by the authorizing agent;
(2) Contain the following information:
(a) The identity of the decedent;
(b) The date of death of the decedent;
(c) The name and address of the authorizing agent and the
relationship between the authorizing agent and the decedent;
(d)
The name and address of the reduction facility to which the authorizing agent
has given permission for the natural organic reduction
to occur;
(e) A disclosure that the authorizing agent may not use or
dispose of soil remains:
(i) On public or private property without the prior written
permission of the owner or surviving owner of the property;
(ii) By using the soil remains to grow food for consumption by
humans or livestock;
(iii) By selling or reselling the soil remains to a third party;
or
(iv) By combining or incorporating the soil remains into compost
offered for sale to consumers or for commercial or agricultural purchasers;
(f) An indication of whether the decedent is a veteran, as
defined in State Government Article, §9-901, Annotated Code of Maryland, or an
eligible dependent, as defined in Business Regulation Article, §5-803,
Annotated Code of Maryland;
(g) Authorization for the permit holder to perform natural
organic reduction services;
(h) Authorization to verify that the following have been removed
before natural organic reduction:
(i) An implanted pacemaker or defibrillator; or
(ii) Any other materials that should be removed to prevent harm
to public health or damage to equipment;
(i) A representation by the authorizing agent that none of the
following apply to the decedent:
(i) A radioactive seed implant within 30 days of death until
such time that 30 days have elapsed from implantation or the organ containing
the seed(s) has been removed;
(ii) Containing a nuclear pacemaker until such time that the
nuclear pacemaker is removed;
(iii) Perishing due to a radiologic incident or accident, unless
a written release is provided by the Department of Health Office of Radiation
Protection or other State or federal agency in charge of the response to the
radiological incident or accident; or
(iv) The presence of Creutzfeldt-Jakob disease or other prion
disease, Ebola virus infection, Mycobacterium tuberculosis infection, or any
other infection, disease, or biological condition identified by the Board based
on the reasonable recommendation of federal, State, or local health authority;
and
(j) The name and address of the person authorized to claim the
soil remains from the reduction facility or to accept the soil remains via
certified mail;
(3) Inform the authorizing agent:
(a) Of the procedures that will be followed if disposition
instructions are not received within 60 days of the permit holder’s first
attempt to contact the authorizing agent to notify the authorizing agent that
the natural organic reduction service is complete; and
(b) That recovery of the soil remains after the disposition may
not be possible; and
(4) Be signed by the authorizing agent.
C. If an authorizing agent is not available to execute the
natural organic reduction authorization form, the authorizing agent may
delegate that authority to another individual:
(1) In writing; or
(2) If located outside the area, by transmitting to the permit
holder:
(a) A signed, notarized statement electronically or by facsimile
that contains the name, address, and relationship of the sender to the decedent
and the name and address of the individual to whom authority is delegated; and
(b) Once the authorizing agent is located in the area, a
notarized statement attesting to the delegation of authority.
D. Upon receipt of the written delegation document or a copy
transmitted electronically or by facsimile, the permit holder shall allow the
named individual to serve as the authorizing agent. Any required documents
shall be signed by the authorizing agent in the presence of a notary.
E. A person signing the natural organic reduction authorization
form is deemed to warrant the truthfulness of any facts set forth in the
natural organic reduction authorization form, including:
(1) The identity of the decedent whose remains are receiving
natural organic reduction; and
(2) The authority of that person to order the natural organic
reduction.
F. A permit holder shall notify and obtain written consent of
the authorizing agent before the natural organic reduction of human remains at
a location other than the location named on the reduction authorization form.
G. A permit holder shall maintain a copy of every natural organic reduction authorization form required
under this regulation as permanent records.
H. Natural organic reduction authorization records are subject
to inspection and copying by the Board.
.08 Record of Receipt of
Remains.
A. A permit holder shall provide to an individual who delivers
human remains for natural organic reduction a receipt signed by both the permit
holder authority and the authorizing agent or funeral home representative,
authorized by Regulation .02A of this chapter, who delivered the human remains,
that includes the:
(1) Name of the individual from whom the human remains were
received and the name of the individual’s employer, if any;
(2) Name and address of the permit holder;
(3) Name and address of the decedent;
(4) Gender of the decedent;
(5) Date of death of the decedent;
(6) Verification of the authorized burial transit permit; and
(7) Name of the identifying individual set forth under
Regulation .06A of this chapter.
B. The permit holder shall maintain a record of each natural
organic reduction, which shall include:
(1) The name of the decedent;
(2) The date of birth of the decedent;
(3) The gender of decedent;
(4) The date of death of the decedent;
(5) The name and address of the authorizing agent;
(6) A copy of the paperwork stating the name of the identifying
individual set forth under Regulation .06A of this chapter;
(7) The date, time, and location of reduction; and
(8) The name and license number of each individual who performed
the natural organic reduction.
C. The permit holder shall provide a certificate of disposition
of the soil remains to the authorizing agent or funeral establishment that
arranged for natural organic reduction that includes the:
(1) Name of the decedent;
(2) Name of the authorizing agent;
(3) Date, time, and location where the natural organic reduction
occurred;
(4) Name and license number of the registered reduction operator
who performed the reduction;
(5) Name and address of the person who received the soil remains
from the reduction authority; and
(6) If ascertainable:
(a) The location, including the name of the cemetery and plot
location if the soil remains are interred; and
(b) The manner and date of the disposition of the soil remains.
D. The permit holder shall maintain a copy of every record and
receipt required by this regulation as permanent records.
E. All records and receipts required by this regulation are
subject to inspection and copying by the Board.
.09 Reduction Procedures
and Prohibited Acts.
A. Basic Operating Requirements.
(1) The permit holder shall keep a permanent record of:
(a) The starting and ending date of each natural organic
reduction; and
(b) The daily temperature data for each natural organic
reduction, including records showing that the minimum temperature of 131°F was
reached for 72 consecutive hours.
(2) The registered reduction operator shall ensure:
(a) Only a vessel that is designed to promote aerobic reduction,
minimize odors and vectors, is leak-proof, durable, non-corrosive, and fully
sealed is used for natural organic reduction;
(b) A registered reduction operator is on site during business
hours;
(c) A registered reduction operator is able to monitor active
vessels at all times;
(d) Compliance with all other applicable local, State, and
federal laws and regulations; and
(e) Vessels reach an internal minimum temperature of 131°F for 72 consecutive
hours during natural organic reduction.
(3) The reduction facility shall be maintained in a clean and
sanitary condition.
(4) The reduction facility, including the bulking agent receipt
area, bulking agent storage area, active vessel storage area, curing area, and
soil remains storage areas, shall be maintained to prevent nuisances, odors,
and vectors.
(5) Bulking agents shall be received and managed in a timeframe which prevents nuisance odors, unauthorized
discharge of contact water, fire, and scavenging by vectors.
(6) Veteran and Eligible Dependent Decedents.
(a) Unless the authorizing agent directs otherwise, a permit
holder in possession of human remains of a decedent veteran or a decedent
eligible dependent shall within 5 business days of the initiation of the
natural organic reduction, provide the decedent’s identifying information to a
veterans service organization, as set forth in Business Regulation Article,
§5-803, Annotated Code of Maryland.
(b) The veterans service organization shall notify the permit
holder whether the decedent is a veteran or eligible dependent eligible for
burial in a veterans cemetery.
(c) The permit holder shall notify the authorizing agent whether
the decedent is eligible for burial in a veterans cemetery. The authorizing
agent may authorize the permit holder to:
(i) Transfer a portion of the soil remains to a veterans service
organization that grants permission for the purpose of disposition; and
(ii) Transfer the balance of the soil remains to a cemetery or
the owner of a woodland protected under the Forest Conservation Act.
(d) If a veterans service organization does not take possession
of a portion of unclaimed soil remains under this regulation that qualifies for
a plot in a State veterans cemetery under State Government Article, §9-906,
Annotated Code of Maryland, within 10 days after the reduction facility
receives the notification, the reduction facility shall:
(i) Notify the Department of Veterans and Military Families of
the status of the soil remains for the purpose of the appropriate disposition
of the soil remains;
(ii) Transfer the soil remains to the Department of Veterans and
Military Families for the purpose of the appropriate disposition of the soil
remains; and
(iii) If authorized by the cemetery or owner, transfer the
balance of the soil remains to a cemetery or the owner of a woodland protected
under the Forest Conservation Act.
(7) Soil remains may not be stored on site at a reduction
facility for longer than 12 months, unless approved by the Board on a
case-specific basis and addressed in the RFOP.
B. General Restrictions.
(1) A permit holder may not engage in operating a reduction
facility in a manner which will likely:
(a) Create a nuisance;
(b) Be conducive to insect and rodent infestation or the
harborage of animals;
(c) Cause nuisance odors or other air pollution in violation of
local, State, or federal laws and regulations unless permitted by local, State,
or federal authorities;
(d) Cause a discharge of liquid or solid waste derived from
human remains to waters of this State unless otherwise permitted by local, State,
or federal authorities; or
(e) Create other hazards to the public health, safety, or
comfort as may be determined by local, State, or federal authorities.
(2) A registered reduction operator may not:
(a) Perform natural organic reduction on human remains which are
known, or reasonably suspected to meet one of the conditions in Regulation .02B
of this chapter;
(b) Use or dispose of soil remains on public or private property
without the prior written permission of the owner or surviving owner of the
property;
(c) Knowingly use or sell the soil remains to grow food for
consumption by humans or livestock; or
(d) Combine or incorporate soil remains into compost offered for
sale to consumers or for commercial or agricultural purchasers.
C. The Board in exercising its authority under COMAR 10.29.24—10.29.27 with respect to
granting or renewing permits or inspecting a reduction facility may consider
any documentation required under these regulations to evaluate whether any of
the conditions described in these regulations is likely to occur or has
occurred.
.10 Disposition of Soil
Remains.
A. Upon completion of the natural organic reduction process,
insofar as is possible:
(1) All of the recoverable soil remains shall be:
(a) Removed from the vessel;
(b) Except for medical devices remaining after reduction,
pulverized; and
(c) Placed in a soil remains container; and
(2) The identification disc required by Health Occupations
Article, §7-411, Annotated Code of Maryland shall be:
(a) Removed from the vessel; and
(b) Placed in the soil remains container with the soil remains.
B. Medical devices which remain after the completion of the
natural organic reduction process shall be treated as medical waste and
disposed of accordingly.
C. After pulverization, all soil remains, together with the
identification disc, shall be placed in a soil remains container or containers
adequate to accommodate the soil remains.
D. A registered reduction operator is responsible for labeling
or providing on a written invoice or shipping statement indicating that the containers
are soil remains containers, and that a person may not use or dispose of the soil
remains produced by natural organic reduction:
(1) On public or private property without the prior written
permission of the owner or surviving owner of the property;
(2) By using the soil remains to grow food for consumption by
humans or livestock;
(3) By selling or reselling the soil remains to a third party;
or
(4) By combining or incorporating the soil remains into compost
offered for sale to consumers or for commercial or agricultural purchasers.
E. If a soil remains container is to be shipped, the soil
remains container shall have the name of the decedent contained therein legibly
written on the outside of the soil remains container.
F. If soil remains have been in the possession of a permit
holder without instructions for disposition for a period of 90 days or more
from the date of reduction, the permit holder may arrange for disposition in
any legal manner, provided the entity:
(1) Attempts to contact the authorizing agent for disposition
instructions by certified mail to the last known address;
(2) Informs the authorizing agent at the time of authorization
the procedures that will be followed if disposition instructions are not
received;
(3) Informs the authorizing agent at the time of authorization
that disposition will occur in a manner at the permit holder’s discretion if
disposition instructions are not received within 60 days of the first attempt
to notify the authorizing agent of the completion of natural organic reduction;
(4) Informs the authorizing agent that recovery of the soil
remains after disposition may not be possible; and
(5) Maintains a permanent record of the location of disposition.
G. A permit holder making disposition arrangements of unclaimed
soil remains may not be liable for the disposition or non-recoverability of the
soil remains.
H. Bodily fluids, blood, tissues, and waste removed from human
remains shall be kept with the body in the vessel.
I. All containers and liners used to receive solid or fluid
materials removed from human remains shall be cleaned and disinfected
immediately after use and disposed of in accordance with local ordinances and
other applicable laws and rules for infectious waste.
.11 Testing of Soil
Remains.
A. A permit holder shall:
(1) Upon completion of an initial reduction prior to obtaining a
permit, pursuant to COMAR 10.29.24.12, the reduction facility shall test the
soil remains using a third party laboratory for the parameters identified in §E of this regulation;
(2) Upon initial receipt of permit from the Board, test, using a
third-party laboratory, the reduction facility’s initial 20 instances of soil
remains for the parameters identified in §E of this regulation, and any
additional instances of soil remains necessary to achieve 20 reductions meeting
the parameters identified in §E of this regulation;
(3) After 20 soil remains meet the limits outlined in §E of this
regulation, analyze, at minimum, 25 percent of a reduction facility’s monthly
instances of soil remains for the parameters identified in §E of this
regulation until 80 total instances have met the requirements in §E of this
regulation;
(4) After 80 total instances meet the limits outlined in §E of
this regulation, one additional test shall be conducted monthly for the
parameters identified in §E of this regulation;
(5) Ensure the
third-party laboratory described under §A(1) of this regulation:
(a) Uses a sampling
method such as described in the U.S. Composting Council 2002 Test Methods for
the Examination of Composting and Compost, Method 02.01 A —E, or its successor;
(b) Confirms soil
remains have less than 0.01 mg/kg dry weight of physical contaminants which
include, but are not limited to, intact bone, dental fillings, and medical
implants; and
(c) Tests for
arsenic, cadmium, lead, mercury, and selenium; and
(d) Test for either
fecal coliform or salmonella in soil remains to meet the testing parameters and
limits identified in §E of this regulation.
B. Other
local, State, or federal authorities may require tests of soil remains for
additional parameters.
C. A permit holder
may not release any soil remains that exceed the limits identified in §E
of this regulation.
D. Any soil remains that exceed the parameters identified in §E
of this regulation shall undergo additional pathogen treatment processes as
described in 40 CFR Part 503, Appendix B until the soil tests within the limits
identified in §E of this regulation.
E. Testing
Parameters.
|
Metals and Other Testing Parameters
|
Limit (mg/kg dry weight), unless otherwise specified
|
|
Fecal coliform
|
< 1,000 Most probable number per gram of total solids (dry
weight)
|
|
Salmonella
|
< 3 Most probable number per 4 grams of total solids (dry
weight)
|
|
Arsenic
|
≤ 20 ppm
|
|
Cadmium
|
≤ 10 ppm
|
|
Lead
|
≤ 150 ppm
|
|
Mercury
|
≤ 8 ppm
|
|
Selenium
|
≤ 18 ppm
|
.12 Tools.
Permit holders providing natural organic reduction services
shall maintain, at their own expense, the following tool inventory:
A. Suitable tools for cleaning a vessel;
B. Suitable tools for cleaning pulverizers;
C. Mortar and pestle;
D. Hand magnet and metal detector wand to detect and remove
metal from soil remains;
E. Tweezers to remove nonmetal objects from soil remains;
F. National Institute for Occupational Safety & Health
certified N95 filtering facepiece respirators; and
G. An emergency eyewash unit meeting the criteria established
under the American National Standards Institute and the International Safety
Equipment Association Z358.1-2014 (R2020), or its successor.
.13 Visitors.
A. Privacy.
Entrances and exterior windows of the reduction facility shall be maintained at
all times to secure privacy, including that:
(1) Doors shall be
tight closing and rigid;
(2) Windows shall be
covered;
(3) Entrances other
than to the office or ceremony room shall be marked “private” or “authorized
entry only” to preclude entry by unauthorized persons; and
(4) Entrances shall
be locked and secured when not actively attended by one or more authorized
persons.
B. Access.
(1) No persons
except authorized persons shall be admitted into:
(a) The holding
facility while human remains are being stored; and
(b) The area
containing vessels for natural organic reduction while the decedents are
receiving natural organic reduction.
(2) Authorized
persons:
(a) Shall enter and
remain in the holding facility or vessel area only as necessary to perform or
assist with the performance of reduction facility business and operations;
(b) Shall, upon
admittance, comply with all rules of the reduction facility; and
(c) May not infringe
upon the privacy and dignity of the remains of decedents.
C. Dignity of Ceremony
Room.
(1) A reduction
facility may have a ceremony room available for viewings and ceremonies.
(2) The ceremony
room shall be separated from the holding facility.
(3) The holding
facility interior may not be visible from the ceremony room.
(4) No persons,
except authorized persons, shall be admitted into the ceremony room during the
commencement of natural organic reduction.
D. Authorized Persons.
For purposes of this regulation, the following are authorized persons:
(1) Licensed funeral
directors, morticians, and enrolled students of mortuary science;
(2) Officers and
directors of the natural organic reduction facility;
(3) Authorized
employees or agents of the natural organic reduction facility;
(4) Public officers
acting in the discharge of their duties;
(5) Authorized
instructors of funeral directing schools;
(6) Members of the
immediate family of the decedent, their authorizing agent, and designated
representatives; and
(7) Other individuals as authorized by the authorizing agent.
10.29.26
Natural Organic Reduction — Complaints and Disciplinary Procedures
Authority: Health Occupations Article, §§7-205, 7-316, 7-317,
and 7-319, Annotated Code of Maryland
.01 Scope.
This chapter governs inspections, standards, the complaint
process, investigations, grounds for discipline, and penalties for reduction
facilities.
.02 Inspection by the
Board.
A. A reduction facility shall be available for inspection by a
representative of the Board at any time during operating hours.
B. A reduction facility shall be inspected:
(1) On at least a biennial basis;
(2) In furtherance of an investigation; and
(3) Upon the initial sale, permitting, or change of ownership of
the reduction facility.
C. The permit holder or any person responsible for day-to-day
operation of the vessels shall be available to accompany the inspector during
the inspection and sign the initial inspection report.
D. A copy of the inspection report shall be provided to the
permit holder or registered reduction facility operator responsible for the
day-to-day operation of the reduction facility.
E. Reduction Facility Minimum Standards. A reduction facility
shall maintain the following minimum standards:
(1) The premises shall be maintained in a sanitary manner to
comply with the Centers for Disease Control and Prevention’s guidelines on
universal precautions and the Maryland Occupational Safety and Health Act;
(2) Except by express written consent of the authorizing agent
to perform simultaneous, multiple reductions, prohibit more than one decedent
in a single vessel at a time;
(3) Ensure a vessel shall be completely cleaned after each
natural organic reduction to prevent unauthorized co-mingling;
(4) Prohibit the co-mingling of human remains and pet remains in
the holding facility;
(5) Ensure separate vessels are dedicated for the reduction of
human remains and the reduction of pet remains;
(6) Ensuring there is not:
(a) Co-mingling of one decedent’s soil remains with another
decedent’s soil remains or reduced pet remains without written consent by the
authorizing agent;
(b) Scooping of reduced human remains from a bucket containing
co-mingled reduced human remains; or
(c) Any form of misrepresentation in the return of the soil
remains;
(7) Excluding a decedent with a known communicable infection, confirm
that human remains are properly identified before natural
organic reduction by verifying that the documentation accompanying the
human remains is consistent with a visual observation of the human remains;
(8) Each burial transit permit shall be an original document
pertaining to the decedent;
(9) Each reduction facility shall have:
(a) A sink with hot and cold water in the room in which the
vessel is housed; and
(b) The equipment necessary to thoroughly clean the floor within
the room housing the vessel with water and an appropriate sanitizing agent;
(10) Ensuring the name of the decedent shall be visible on the
outside of the vessel;
(11) Ensuring that human remains are properly stored prior to
natural organic reduction;
(12) Ensuring that reduction facilities:
(a) Use only mechanical pulverizing equipment meeting industry
standards that are cleaned between each use; and
(b) Pulverize the soil remains with a mortar and pestle if the:
(i) Soil remains are not sufficient in amount for pulverizing in
mechanical equipment; or
(ii) Required pulverization has not been achieved using
mechanical equipment;
(13) Maintain separate pulverizing drums dedicated for soil
remains and reduced pet remains;
(14)
Ensuring that a reduction facility may not refuse to release soil
remains pending payment of any outstanding fees;
(15) Prohibiting the use of portable fans in the area of the vessel, where curing occurs, or pulverizing equipment;
(16) Ensuring that before pulverizing, the mechanical pulverizer
is clamped;
(17) Ensuring that the permit holder or registered reduction
facility operator is:
(a) Present at the reduction facility during regular business
hours; and
(b) Uses remote electronic monitoring of the status of each
vessel’s progress during natural organic reduction after regular business
hours; and
(18) Ensuring that all individuals who operate the vessels in a
reduction facility are certified by the Cremation Association of North America
(CANA), International Cemetery, Cremation and Funeral Association (ICCFA), or
other equivalent certification recognized by the Board. Provided that individuals
receiving training toward certification to operate a vessel shall be allowed to
work under the supervision of a registered reduction facility operator who has
the required certification for a period not to exceed 6 months.
F. The following completed forms shall be available at all times
for inspection and copying by the Board or an inspector and are subject to be
pulled at random by an inspector:
(1) Natural organic reduction authorization form;
(2) Burial transit permit;
(3) Delegation of authority form;
(4) Record of natural organic reduction,
including evidence of all human remains reaching a minimum temperature of 131°F
for
72 consecutive hours during the natural organic reduction process;
(5) Certificate of natural organic reduction;
(6) Return of the soil remains certificate; and
(7) The Reduction Facility Operations Plan (RFOP) as described
under COMAR 10.29.24.07B.
G. Inspection results shall be written on forms approved by the
Board.
H. The Board representative performing the inspection shall, on
completion of the inspection:
(1) Apprise the permit holder of the findings of the inspection;
and
(2) Provide the permit holder or representative of the permit
holder with a copy of the inspection report.
I. The permit holder or representative of the permit holder
shall sign and verify receipt of the inspection report.
J. At the time of the Board inspection, the permit holder shall
provide written documentation to the Board’s inspector that:
(1) The vessel or vessels have been inspected in accordance with
manufacturer specifications;
(2) In accordance with manufacturer specifications, it is not
time for a manufacturer’s inspection; or
(3) The permit holder has requested that the manufacturer
conduct an inspection of the vessel.
.03 Reduction Facility Inspection Report, Deficiencies, and Penalties.
A. The Board shall review the inspection report and make a
determination as to whether a deficiency exists.
B. The Board shall notify the permit holder of the results of
the inspection by providing a copy of the inspection report to the permit
holder.
C. If a permit holder passes an inspection, the permit holder
shall prominently display on the premises in public view a statement issued by
the Board that the reduction facility has successfully passed an inspection.
D. If the Board finds a deficiency, the Board shall:
(1) Within 7 days, notify the permit holder of the deficiency or
failure to pass the inspection; and
(2) Provide a copy of the inspection report and notice of
deficiency or failure to pass the inspection to the reduction facility permit
holder within 30 days of completion of the inspection.
E. Correction of Deficiency.
(1) Except as provided in this section, a permit holder shall
correct a deficiency within 30 days after receipt of notification or sooner as
determined by the Board.
(2) The Board may require immediate correction of a deficiency
if the Board considers the correction necessary in the interest of public
health.
(3) The permit holder may request an extension of time for
correction of a deficiency, which shall be approved by the Board.
(4) Upon completion of correction of all deficiencies, the
permit holder shall notify the Board.
(5) Upon notification by the permit holder of completion of
correction of a deficiency or deficiencies, a representative of the Board shall
re-inspect the reduction facility.
(6) The Board shall notify the permit holder in writing of the
results of the re-inspection by providing a copy of a new inspection report to
the permit holder.
(7) If re-inspection reveals additional deficiencies not cited
in the first report, the permit holder shall correct those deficiencies in the
time period specified by the Board unless an extension of time is requested by
the permit holder and approved by the Board.
F. Penalties. In the event that a permit holder fails to allow
an inspection of the reduction facility or fails to
comply with a notice to correct deficiencies or violations within the time
specified:
(1) The Board shall:
(a) Deem the failure to be a threat to public health, safety, or
welfare and require emergency action;
(b) Summarily suspend the reduction facility permit as provided
under State Government Article, §10-226(c)(2), Annotated Code of Maryland;
(c) Provide notice of the Board’s action to the permit holder;
and
(d) Provide the permit holder an opportunity to be heard
pursuant to Business Regulation Article, §5-312, Annotated Code of Maryland;
and
(2) The permit holder shall prominently display on the premises
in public view a statement issued by the Board that the reduction facility has
failed to pass an inspection until such time as an inspection is passed.
.04 Complaints.
A. If the permit holder was issued a permit by the Board, a
complaint shall be:
(1) Filed in compliance with the provisions of COMAR
10.29.11.03; and
(2) Processed in accordance with the provisions of COMAR
10.29.11.04.
B. The Board may initiate a complaint or investigation on its
own.
.05 Grounds for
Discipline, Hearing, and Penalties.
A. Pursuant to the provisions of Health Occupations Article,
§§7-316 and 7-319, Annotated Code of Maryland, the Board may:
(1) Deny an applicant:
(a) A reduction facility permit; or
(b) A reduction facility operator registration;
(2) Reprimand any:
(a) Permit holder; or
(b) Registered reduction facility operator; or
(3) Suspend or revoke:
(a) A reduction facility permit; or
(b) A reduction facility operator registration.
B. Pursuant to the provisions of Health Occupations Article,
§7-317, Annotated Code of Maryland, if the Board, after bringing an action,
finds that there are grounds for probation, suspension, or revocation, the
Board may impose a penalty not exceeding $10,000.
10.29.27 Natural Organic Reduction — Code of
Ethics
Authority: Health Occupations Article, §7-205, Annotated Code of
Maryland
.01 Scope.
This chapter governs any person who holds a permit, pursuant to
Business Regulation Article, Title 5, Annotated Code of Maryland to:
A. Engage in the operation of a reduction facility; or
B. Act as a registered reduction facility operator.
.02 General Professional
Practices.
A. A permit holder shall:
(1) Act in a manner that respects and protects the dignity of a
decedent and the decedent’s family;
(2) Conduct business in a reasonable, usual, and customary
manner avoiding unfair trade practices;
(3) Comply with the State public health laws as set forth in
Health-General Article, §§4-215 and 5-501 et seq., Annotated Code of Maryland;
(4) Comply with the Maryland Morticians and Funeral Directors
Act, Health Occupations Article, Title 7, Annotated Code of Maryland;
(5) Comply with Business Regulation Article, Title 5, Annotated
Code of Maryland;
(6) Comply with the Commercial Law Article, Titles 12 and 13,
Annotated Code of Maryland;
(7) Implement and follow through on all arrangements agreed on
between consumer and the reduction facility;
(8) Provide appropriate services for and respect the rights of
individuals without regard to age, race, creed, national origin, gender, sex,
sexual orientation, disability, marital status, political belief, religious
affiliation, social or economic status, or social preferences;
(9) Comply with all local, State, and federal laws and
regulations regarding the final disposition of human remains;
(10) Be sensitive and responsive to the bereavement needs of a
decedent’s family; and
(11)
Provide accurate information from the general price list to any person who
requests such information either in person or by telephone or electronic means,
regarding reduction related goods or services.
B. Advertising. In advertising, a permit holder may not include
statements:
(1) That are misrepresentations of facts;
(2) That are likely to mislead or deceive because, in context,
the statement makes only a partial disclosure of relevant facts;
(3) Relating to fees without reasonable disclosure of all
relevant variables so that the statement would not be misunderstood or be
deceptive to a consumer; or
(4) Containing representations or implications that in
reasonable probability can be expected to cause an ordinarily prudent
individual to misunderstand or be deceived.
C. A permit holder or registered reduction facility operator may
not:
(1) Use, or participate in the use of, any form of communication
to consumers containing a false, fraudulent, misleading, deceptive, or unfair
statement or claim; or
(2) Operate a reduction facility or perform a reduction while
under the influence of alcohol, an illegal drug, or a controlled dangerous
substance, which has not been prescribed by a physician.
MEENA SESHAMANI, MD, PHD
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
Subtitle 02 LOCAL SCHOOL
ADMINISTRATION
13A.02.01 Local Boards of
Education
Authority: Education Article, §§2-205, 4-101, 4-105, 4-106, 5-101,
5-109, and 7-103, Annotated Code of Maryland
Notice of Proposed Action
[26-080-R]
The State Board of Education proposes to amend Regulation .01
under COMAR 13A.02.01 Local Boards of Education. This action was considered by the State Board
at its April 28, 2026 meeting. Because
substantive changes have been made to the original proposal as published in
53:13 Md. R. 605—606 (June 26, 2026), this action is being reproposed at this
time.
Statement of Purpose
The purpose of this action is to establish requirements for local
boards of education to hold regular meetings of the local board in person.
There are outlined exceptions for special meetings of the local board and for
exceptional circumstances. The amendments would also establish minimum
requirements for local boards to hold an opportunity for public comment and
adopt a written policy for conducting public comment.
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 Zachary Hands, Executive Director, State
Board of Education, Maryland State Department of Education, 200 West Baltimore
Street, Baltimore, MD 21201, or call 443-915-6094, or email to
[email protected]. Comments will be accepted through October 5, 2026.
A public hearing has not been scheduled.
|
Ed. Note: Pursuant to State Government Article, §10-113, Annotated
Code of Maryland, if a promulgating agency substantively alters the text of
regulations that have been previously proposed in the Maryland Register, the
altered text must be published in the Maryland Register as though it were
initially proposed. The text of regulations appearing immediately below has
been altered substantively from the initially proposed text.
|
|
Symbols: Roman
type indicates existing text of regulations. Italic type indicates
initially proposed new text. Arial Bold
Italic type
indicates new text that substantively alters the text as initially proposed. [Single
brackets] indicate existing text proposed for repeal. [[[Triple
brackets]]] indicate text proposed for repeal which substantively
alters the originally proposed text.
|
.01 Rules for Meetings.
A.—D. (originally proposed text
unchanged)
E.
Public Comment.
(1) Opportunity for Public Comment. The local board shall permit
a period during at least one of its [[monthly]]
regularly scheduled business meetings each
month to hear comments from members of the public.
(2)—(3) (originally proposed text unchanged)
F. (originally proposed text
unchanged)
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
Notice of Proposed Action
[26-121-P]
The State Board of Education proposes to:
(1) Amend Regulation .01 and adopt new Regulation .16
under COMAR 13A.05.05 Programs of Pupil Services; and
(2) Amend Regulation .11 under COMAR 13A.12.04
Specialists.
This action was considered by the State Board of Education at their
June 23, 2026 meeting.
Statement of Purpose
The purpose of this action is to define, update and clarify the
requirements for school social worker licensure programs.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with disabilities.
Opportunity for Public Comment
Comments may be sent to John Hummel, Manager, Student Services and
School Counseling, Maryland State Department of Education, 200 West Baltimore
Street, Baltimore, MD 21201, or call 410-767-0288, or email to
[email protected]. Comments will be accepted through October 5, 2026. A
public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on October 29, 2026 at 9:00 am,
at 200 West Baltimore Street, Baltimore, MD 21201.
Subtitle 05 SPECIAL INSTRUCTIONAL PROGRAMS
13A.05.05 Programs of Pupil Services
Education Article, §§2-205(b)
and (c), 7-401—7-404, 7-409, and 7-426, Annotated Code of Maryland
.01 General Requirements.
A. Each local school system shall provide a coordinated program of
pupil services for all students which shall include but not be limited to:
(1)—(2) (text unchanged)
(3) School psychology; [and]
(4) Health services[.]; and
(5) School Social Work.
B. The Pupil Services Program shall: [focus on the
health, personal, interpersonal, academic, and career development of students.]
(1) Focus on supporting student wellness, including physical,
mental and behavioral health; and
(2) Support social and emotional development to facilitate the
academic achievement and career development of all students.
C.—G. (text unchanged)
.16 School Social Worker Program.
A. The School Social Worker Program is a program that:
(1) Promotes student academic success and well-being;
(2) Enhances awareness of mental health and promotes positive,
healthy behaviors;
(3) Provides school-based prevention and universal and targeted
interventions for students with mental health and behavioral health concerns;
(4) Is aligned with school system goals and objectives;
(5) Is an integral component of the school’s program and
mission;
(6) Addresses the needs of the whole child so that each student
has the opportunity to be healthy, safe, engaged, supported, and challenged for
long-term success; and
(7) Is monitored and reviewed through accountability systems.
B. School Social Workers are:
(1) Trained mental health professionals, with a license in
social work, who provide services related to student wellbeing in academics,
school climate, social-emotional development, and mental health.
(2) The link between the home, school, and community in
providing direct as well as indirect services to students, families, and school
personnel to promote and support students' academic and social success.
(3) State-credentialed as defined in COMAR 13A.12.04.11.
C. School Social Workers shall:
(1) Adhere to the ethics and values of the social work
profession to guide ethical practice while understanding the unique aspects of
school social work practice and the needs of the students, families,
educational settings, and communities they serve;
(2) Meet the provisions for professional practice of the State
Department of Education and possess knowledge and understanding basic to the
social work profession as well as the local school system;
(3) Conduct assessments with the goal of improving student
social, emotional, and academic learning outcomes.
(4) Use assessment as the starting point of intervention within
a multitiered system of supports;
(5) Use data to guide service delivery and to evaluate their
practice regularly to determine if services and supports need to be faded,
continued, added, or increased;
(6) Maintain accurate data and records that are relevant to
assessment, planning, implementation, and evaluation of school social work
services;
(7) Organize their workloads to fulfill their responsibilities
and clarify their critical roles within the educational mission of the school
and county in which they work;
(8) Use technology to enhance communication, design and deliver
services, obtain, manage, and store information, and demonstrate accountability
to students and families in the school setting;
(9) Engage in professional development to provide students,
families, schools, and communities with the highest-quality, culturally
informed services;
(10) Ensure that students and their families are provided
services within the context of multicultural understanding and competence;
(11) Share leadership in developing a positive school climate;
(12) Work collaboratively with school administration, school
personnel, family members, and community partners to increase accessibility to
and effectiveness of all services;
(13) Engage in advocacy that seeks to ensure that all students
have equal access to education and services to enhance their academic progress;
(14) Provide a pivotal role in creating and executing a
schoolwide safety plan and provide direct and indirect services that relate to
all safety concerns of students, families, and educators;
(15) Be prepared for changes in the needs of the school
community they serve and how services will be delivered when a natural
disaster, (public) emergency, and/or pandemic occurs; and
(16) Uphold the confidentiality of the students and families
they serve in all formats (verbal, written, and electronic communication)
according to federal, State, and local regulations and policies.
Subtitle 12 EDUCATOR LICENSURE
13A.12.04 Specialists
Education Article, §§2-205,
2-303(g), 6-701—6-708, 8-3A-03 and 8-701—8-708, Annotated Code of Maryland
.11 School Social Worker.
A. Definition. “School Social Worker” means an individual who is
a mental health professional, with a license in social work, who provides
services related to a person’s social, emotional, and life adjustment to school
and/or society.
B. To obtain an MSDE educator licensure as a school
social worker, the applicant shall:
[A.] (1) Be licensed by the Maryland State
Board of Social Work Examiners, Health Occupation Title 19. Social Workers,
Subtitle 3 Licensing §19-301, Annotated Code of Maryland as a:
[(1)] (a) Licensed Masters Social
Worker (LMSW);
[(2)] (b) Licensed Certified Social Worker (LCSW);
or
[(3)] (c) Licensed Certified Social Worker —
Clinical (LCSW-C).
[B.] (2) (text unchanged)
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
Notice of Proposed Action
[26-122-P]
The State Board of Education proposes to amend:
(1) Regulation .03 under COMAR 13A.16.08 Child
Supervision;
(2) Regulation .02 under COMAR 13A.16.10 Safety;
(3) Regulation .03 under COMAR 13A.17.08 Child Supervisor;
and
(4) Regulation .02 under COMAR 13A.17.10 Safety.
This action was considered by the State Board of Education at its
meeting on June 23, 2026.
Statement of Purpose
The purpose of this action is to increase flexibility regarding
maximum group size, staffing, and first aid and CPR requirements for programs
serving school-age children.
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 Keisha Maxwell, Administrator of Policy
& Special Projects, Division of Early Childhood, Maryland State Department
of Education, 200 West Baltimore Street, Baltimore, MD 21201, or call
410-767-7852, or email to [email protected]. Comments will
be accepted through October 5, 2026. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on December 8, 2026 at 9:00 am,
at 200 West Baltimore Street, Baltimore, MD 21201.
Subtitle 16 CHILD CARE CENTERS
13A.16.08 Child Supervision
Authority: Education Article, §§9.5-401,
9.5-404—9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333; Human
Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference —
Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.);
Child Care Development Block Grant (45 CFR
Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
.03 Group Size and Staffing.
A.—B. (text unchanged)
C. Same-Age Groups.
(1) (text unchanged)
(2) [In] Except as
provided in §C(3) of this regulation, in a group of children of the
same age who are 2 years old or older, the following [staff/child ratio
and maximum group size] requirements apply:
|
Child [Ages] Age Group
|
Staff/Child Ratio
|
Maximum Group Size
|
|
2 years old
|
1 to 6
|
12
|
|
3 or 4 years old
|
1 to 10
|
20
|
|
5 years old and
older
|
1 to 15
|
[30] 45
|
(3) A center may utilize a maximum group size of 45 for a group
of school-age children aged 5 years old and older that is staffed by at least one
teacher, one assistant teacher, and one aide.
D.—E. (text unchanged)
13A.16.10 Safety
Authority: Education Article, §§9.5-401, 9.5-404—9.5-411, and
9.5-413—9.5-418; General Provisions Article, §4-333; Human Services Article,
§1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.02 First Aid and CPR.
A. (text unchanged)
B. A center [with an approved capacity of more than 20
children] shall have in attendance[, in a ratio of] at least one
staff member [for every 20 children present, staff members who are]
who is currently certified in approved first aid and CPR as specified at
§A of this regulation[.]:
(1) For every 20 children present in a group that includes
infants, toddlers, or preschoolers; or
(2) For every 30 children present in a group of exclusively
school age children.
C.—E. (text unchanged)
Subtitle 17 CHILD CARE—LETTERS OF
COMPLIANCE
13A.17.08 Child Supervision
Authority: Education Article, §§9.5-401,
9.5-404, 9.5-405, 9.5-409, 9.5-411 and 9.5-413—9.5-418; General Provisions
Article, §4-333;
Human Services Article, §1-202; Annotated
Code of Maryland
Agency Note: Federal Statutory Reference —
Americans with Disabilities Act of 1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et
seq.);
Child Care Development Block Grant (45 CFR
Parts 98 and 99 and 42 U.S.C. 9858 et seq.);
Social Security Act §418 (42 U.S.C. 618)
.03 Group Size and Staffing.
A.—C. (text unchanged)
D. Same-Age Groups in Before-School and After-School Child Care
Programs. In groups of children of the same age in a before-school or
after-center program, the following requirements apply:
|
Child Age Group
|
Staff/Child Ratio
|
Maximum Group Size
|
|
2 years old
|
1 to 6
|
12
|
|
3 or 4 years old
|
1 to 10
|
20
|
|
5 years old and
older
|
1 to 15
|
[30] 45
|
E.—F. (text unchanged)
13A.17.10 Safety
Authority: Education Article, §§9.5-401, 9.5-404, 9.5-405, 9.5-409,
9.5-411, and 9.5-413—9.5-418; General Provisions Article, §4-333;
Human Services Article, §1-202; Annotated Code of Maryland
Agency Note: Federal Statutory Reference — Americans with Disabilities Act of
1990 (42 U.S.C. §12101 et seq.);
Pro-Children Act of 1994 (20 U.S.C. §6081 et seq.);
Child Care Development Block Grant (45 CFR Parts 98 and 99 and 42 U.S.C. 9858
et seq.);
Social Security Act §418 (42 U.S.C. 618)
.02 First Aid and CPR.
A. (text unchanged)
B. A facility [with an approved capacity of more than 20
children] shall have in attendance[,
in a ratio of] at least one staff member [for every 20 children
present, staff members who are] who is currently certified in
approved first aid and CPR as specified in §A of this regulation[.]:
(1) For every 20 children present in a group that includes
preschoolers; or
(2) For every 30 children present in a group of exclusively
school age children.
C.—E. (text unchanged)
CAREY M. WRIGHT, ED.D.
State Superintendent of
Schools
Title 14
INDEPENDENT AGENCIES
Subtitle 01 Prescription Drug Affordability Board
14.01.01 General Provisions
Authority: Health-General Article, §21-2C-03(f)(1), Annotated Code
of Maryland
Notice of Proposed Action
[26-132-P]
The Maryland Prescription Drug Affordability Board proposes to amend
Regulation .05 under COMAR 14.01.01 General Provisions. This action was considered by the Board at an
open meeting held on July 27, 2026, notice of which was provided by publication
on the PDAB’s website, in accordance with General Provisions Article,
§3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to amend COMAR 14.01.01.05(B) to
provide for a comment period of at least 15 days when the Board requests
comment by posting notice on its website.
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 Christina Shaklee, Health Policy Analyst
Advanced, Maryland Prescription Drug Affordability Board, 16900 Science Drive,
Suite 112-114 Bowie, MD 20715, or call 410-703-7015, or email to
[email protected]. Comments will be accepted through October 5, 2026. A
public hearing has not been scheduled.
.05 Public Comment Procedures.
A. (text unchanged)
B. Public Written Comment Procedures.
(1)—(3) (text unchanged)
(4) Public Written Comments Requested by the Board.
(a) If the Board requests public comment by posting notice
of the request and a due date on its website, a member of the public may submit
written comments to the Board within the time period prescribed by the notice
in accordance with the procedures in §B(1) and (5) of this regulation.
(b) The notice shall provide a period of at least 15 days for
the submission of comments.
(5) (text unchanged)
ANDREW W. YORK
Executive Director
14.01.04 Cost Review Study
Process
Authority: Health-General Article, §§21-2C-03(f)(1), 21-2C-08(b),
and 21-2C-09, Annotated Code of Maryland
Notice of Proposed Action
[26-133-P]
The Maryland Prescription Drug Affordability Board proposes to repeal
existing Regulation .01 and adopt new Regulation .01, amend Regulations
.02—.05, and adopt new Regulation .06 under COMAR 14.01.04
Cost Review Study Process. This
action was considered by the Board at an open meeting held on July 27, 2026,
notice of which was provided by publication on the PDAB’s website, in
accordance with General Provisions Article, §3-302(c), Annotated Code of
Maryland.
Statement of Purpose
The purpose of this action is to:
(1) Establish circumstances under which use of a prescription drug
product has led to an affordability challenge;
(2) Update and clarify certain metrics, factors, and procedures
used in the Cost Review Study Process; and
(3) Adopt a new Regulation .06 that creates a mechanism for the
public and Eligible Governmental Entities to report drug affordability issues.
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 Christina Shaklee, Health Policy Analyst
Advanced, Maryland Prescription Drug Affordability Board, 16900 Science Drive,
Suite 112-114 Bowie, MD 20715, or call 410-703-7015, or email to
[email protected]. Comments will be accepted through October 5, 2026. A
public hearing has not been scheduled.
.01 Circumstances Under Which Use of a Drug May Create an
Affordability Challenge.
A. The Board may determine that use of a prescription drug
product has led or will lead to an affordability challenge for the State health
care system.
B. The circumstances under which use of a prescription drug
product has led or will lead to an affordability challenge for the State health
care system include, but are not limited to:
(1) High spending by entities that pay for the prescription drug
product, as may be indicated by:
(a) Spending on the drug is disproportionate to spending on
other drugs in the impacted budget;
(b) Gross spending on the drug increased significantly over the
most recent available calendar year or over the most recently available 5-year
period; or
(c) Large price increases, such as the wholesale acquisition
cost (WAC) increasing significantly faster than inflation over the most
recently available calendar year, over the most recently available five-year
period, or from launch date to the most recently available year.
(2) At its current net or
gross price, a drug does not provide sufficient value to the State health care
system, as may be indicated by:
(a) The average net price of the drug exceeds the average net
price for therapeutic alternatives that provide similar clinical outcomes; or
(b) Compared to therapeutic alternatives, the drug was approved
with limited evidence of improvement in clinical outcomes and has substantial
spending;
(3) Patients encounter barriers to affordable access for the
prescription drug product, as may be indicated by:
(a) Insurance plans cover fewer uses or conditions for this drug
than what the FDA has approved or what clinical guidelines recommend; or
(b) High occurrence of required prior authorization or high
claims rejection rate; or
(4) Any other circumstance identified by the Board through the
cost review study under which use of a drug has or will lead to an
affordability challenge for the State health care system.
C. The Board may determine that use of a prescription drug
product has led or will lead to high out-of-pocket costs for patients.
D. The circumstances under which use of a drug has or will lead
to high out-of-pocket costs for patients may be indicated by, but not limited
to:
(1) The average total out-of-pocket costs for a drug are
disproportionate to the average State household income;
(2) At the 90th percentile, patient out-of-pocket costs in
certain markets are disproportionate to the average net cost paid by payors;
(3) A significant proportion of patients do not take the drug as
prescribed;
(4) Observed disparities in patient out-of-pocket costs or
utilization of the drug in priority populations; or
(5) Any other circumstance identified by the Board through the
cost review study under which use of a drug has or will lead to high
out-of-pocket costs for patients.
.02 Identifying Drugs Eligible for Cost Review.
A.—C. (text unchanged)
D. To the extent practicable, and in addition to the statutory
metrics set forth in Health-General Article, §21-2C-08(c), Annotated Code of
Maryland, the Board may consider the following additional metrics and criteria
to identify prescription drug products eligible for selection for a cost review
study:
(1) Aggregated Spending and Pricing Data:
(a) The 100 prescription drug products, by NDC, with
the highest total gross spending in the most recent available calendar year;
(b) The 100 prescription drug products with the highest total gross
spending per patient in the most recent available calendar year by
prescription drug product, with a breakdown by NDC;
(c) The 100 prescription drug products with the highest percent
change increase in WAC over the most recent available calendar year by
prescription drug product, with a breakdown by NDC;
[(d) The 100 prescription drug products with the highest
percent change increase in WAC over the most recent available 5-year period;]
[(e)] (d) The 100 prescription drug products
with the highest dollar increase in WAC per year or course of treatment over
the most recent available calendar year; and
[(f) The 100 prescription drug products with the highest
dollar increase in WAC over the most recent available 5-year period; and]
[(g)](e) The 100 prescription drug products
with the highest percent change increase in total gross spending;
(2) Patient Out-of-Pocket Costs:
(a) The 100 prescription drug products with the highest total
patient out-of-pocket costs in the most recent available calendar year by
prescription drug product, with a breakdown by NDC; and
(b) The 100 prescription drug products with the highest average
patient total out-of-pocket costs in the most recent available calendar year by
prescription drug product, with a breakdown by NDC; and
[(c) The 100 prescription drug products ranked at the 50th
percentile for patient total out-of-pocket costs in the most recent available
calendar year; and
(d) The 100 prescription drug products ranked at the 90th
percentile for patient total out-of-pocket costs; and]
(3) (text unchanged)
E.—F. (text unchanged)
.03 Selecting Drugs for Cost Review.
A. [Board staff may provide the Board with a dashboard
containing the prescription drug products identified under the statutory
metrics and regulatory criteria in Regulation .02 of this chapter.] Priority
Setting and Development of Curated Eligible List.
(1) The Board may prioritize the information and comparisons of
information in §B of this regulation, and direct Board staff to develop a
curated list of drugs eligible for selection consistent with these priorities.
(2) Board staff may provide the Board with a dashboard
containing the prescription drug products identified in the curated list of
eligible drugs for selection developed in §A(1) of this regulation, including
all NDCs for the prescription drug product.
(3) Board staff may provide the Board with a dashboard
containing the full list of prescription drug products identified in Regulation
.02 of this chapter.
B. To the extent practicable, Board staff may provide the following
information for each prescription drug product in the dashboard:
(1) FDA Approval:
(a) (text unchanged)
(b) If applicable, the date the initial primary patent
and last patent expired or will expire;
(c) (text unchanged)
(d) Whether the prescription drug product is designated for a
rare disease or condition by the Secretary of the [FDA] U.S.
Department of Health and Human Services, under 21 U.S.C. §360bb, [as
a drug for a rare disease or condition] and if the prescription drug
product is approved for an indication treating that rare disease or condition;
(2)—(4) (text unchanged)
(5) Whether the prescription drug product is currently in active
shortage status; [and]
(6) [Whether the] For a prescription drug
product [is currently subject to or has been] subject to the
Medicare Drug Price Negotiation Program, under the Inflation Reduction Act
(IRA) (Public Law 117-169) [.] the published Medicare Maximum
Fair Price and the estimated net cost; and
(7) Data summaries, rankings, comparisons, and analyses prepared
by Board Staff of the information in §B of this regulation.
C. Selecting Drugs for Referral to Stakeholder Council.
(1) (text unchanged)
(2) [Prior to a Board meeting, a Board member may request
that a prescription drug product or products be placed on the Board’s meeting
agenda for consideration for referral to the Stakeholder Council by submitting
the proprietary drug name or nonproprietary name, as applicable, and NDC to the
Board Chair in writing.] Prior to a Board meeting, Board staff may provide
the Board with staff’s recommendations concerning prescription drug products
for referral to the Stakeholder Council.
[(3) The Board Chair
may include the prescription drug product name and dose on the Board’s agenda.
(4) The public may provide oral and written comments concerning the
drugs proposed for referral to the Stakeholder Council and identified on the
meeting agenda in accordance with the procedures and timelines in COMAR
14.01.01.05A and B(2).]
[(5)](3) Notwithstanding [the
pre-meeting identification] staff’s recommendations of drugs for [consideration]
referral, the Board may consider any drug identified in Regulation .02
of this chapter and any drug added to the eligible list for referral to
the Stakeholder Council.
[(6)](4) At an open meeting, the Board may:
(a) Consider the prescription drug products [identified on
the Board’s agenda] recommended by Board staff and any eligible
drug proposed for consideration by a Board member at the meeting; and
(b) Select one or more prescription drug products [by NDC]
to refer to the Stakeholder Council to receive input from the Stakeholder
Council on the selection of prescription drug products for cost review.
D. In selecting one or more prescription drug products to refer to
the Stakeholder Council, the Board may consider:
(1) The prescription drug products identified under the statutory
metrics and regulatory criteria in Regulation .02 of this chapter and in the
curated list of drugs eligible for selection;
(2) The information and comparisons of information provided
under §B of this regulation;
(3) The average cost share of the prescription drug product, the
average patient total out-of-pocket cost, and the average total payor cost; [and]
(4) Any written or oral public [comment.] comment;
(5) Public reporting of prescription drug product affordability
issue by an individual under COMAR 14.01.04.06; and
(6) Reporting of prescription drug product affordability issues
by an eligible governmental entity.
E.—F. (text unchanged)
G. Stakeholder Council Input.
(1) To the extent practicable, the Board may provide the
Stakeholder Council with a selected dashboard for the referred prescription
drug products that contains the public information set forth in §B of this
regulation[.];
[(a) The information set forth in §B of this regulation;
(b) Whether the prescription drug product was reported by an
individual member of the public; and
(c) Whether the prescription drug product was added by the Board
for consideration under Regulation .02 of this chapter.]
(2)—(3) (text unchanged)
H. Identifying Therapeutic Alternatives.
(1)—(4) (text unchanged)
[(5) The Board shall determine the therapeutic alternatives
for each prescription drug product selected for a cost review study.]
I. Board Selection of Drugs for Cost Review.
(1)—(2) (text unchanged)
(3) In selecting a prescription drug product for cost review, the
Board shall consider:
(a) The prescription drug products referred to the Stakeholder
Council [from the prescription drug products identified under the
statutory metrics and regulatory criteria in Regulation .02 of this chapter]
and the information provided under §B of this regulation;
(b) The average cost share of the prescription drug product, the
average patient total out-of-pocket cost, the average total payor cost[,
and publicly available data on direct-to-consumer advertising spending for the
prescription drug product];
(c)—(d) (text unchanged)
(4) During an open meeting, the Board may select one or more
prescription drug products for cost review study under Regulation .05 of
this chapter and provide notice of the selection on its website within 3 work days
of the meeting.
(5) (text unchanged)
(6) If the Board selects a prescription drug product for cost
review, [the Board may identify and approve] Board staff shall
include all NDCs marketed under the same ANDA, NDA, or BLA [to be
included] in the cost review.
(7)—(8) (text unchanged)
.04 Request for Information for Cost Review.
A. Request for Information.
(1) The Board shall post notice of the prescription drug product or
products selected for cost review study through the process outlined in
Regulation .03I of this chapter on the Board’s website.
(2)—(8) (text unchanged)
B. For each prescription drug product under review, the Board may
request the following information from:
(1) Manufacturer:
(a)—(c) (text unchanged)
(d) The net price received by [manufacturers] the
manufacturer for the drug product in the State accounting for all price
concessions, discounts, and rebates, reported by payor type and in aggregate;
(e)—(f) (text unchanged)
(g) The total dollar amount of gross and net sales of the
prescription drug product into the State;
(h) The total dollar amount of gross and net sales of the
prescription drug product nationally;
(i) The invoice and net price per unit for the prescription
drug product charged to purchasers in the United Kingdom, Germany, France, and
Canada, reported in U.S. dollars;
(j)—(l) (text unchanged)
(m) Information, including utilization, net prices, and gross
and net revenue by payor type, concerning all authorized generics as
defined by 42 CFR §447.502 for the prescription drug product;
(n) Information, including utilization, net prices, and gross
and net revenue by payor type, concerning all other ANDAs, BLAs, and NDAs
that pertain to the same active moiety and the same manufacturer;
(o) (text unchanged)
[(p) The portion of direct-to-consumer marketing costs
eligible for favorable federal tax treatment in the most recent tax year that
are specific to the prescription drug product under review; and
(q) Any additional factors or information the manufacturer proposes
that the Board consider.]
(p) Information concerning the manufacturer’s drug-specific
patient access programs, including:
(i) The identity of all patient assistance programs or charities
providing medications to patients that are operated or supported by the
manufacturer;
(ii) The value of all coupons, free samples, and drug donations
to charities provided by the manufacturer;
(iii) The number of people served by the manufacturer’s patient
assistance programs, coupons, or free samples;
(iv) Information on the policies, limitations, enrollment
processes, and patient eligibility requirements for each program; and
(v) The total dollar value of the tax benefits realized as a
result of the patient assistance programs for the product under review in the
most recent year;
(q) The total amount of direct-to-physician marketing costs for
the product under review in the most recent year;
(r) The portion of direct-to-consumer marketing costs eligible
for favorable federal tax treatment in the most recent tax year that are
specific to the prescription drug product under review; and
(s) Any additional factors or information the manufacturer
proposes that the Board consider.
(2) Health Insurance Carrier, HMO, and MCO:
(a) [The] For each market segment, the total
amount of the price concessions, discounts, and rebates the manufacturer
provides to [each] health [plan] plans
operating in the State, expressed in dollars per-unit and as a percent of the
WAC;
(b) [The] For each market segment, the
average price concession, discount, and [rebate] rebates the
manufacturer [provided] provides in the State for
therapeutic alternatives, expressed in dollars per unit and as a percent of
the WAC;
(c) For each market segment, the total number of units of the
prescription drug product paid for by the health plan or insurance carrier;
[(c)] (d)—[(d)] (e) (text
unchanged)
[(e)] (f) The net cost per-unit
incurred by the insurance carrier or health plan for the prescription
drug product in the State, separated by market segment; and
[(f)] (g) Any additional factors or
information the health insurance carrier, HMO, or MCO proposes that the Board
consider.
(3) Pharmacy Benefits Managers:
[(a) The therapeutic alternatives for the prescription drug
product(s) under review identified by each formulary administered by the PBM;]
[(b)] (a) [The] For each
market segment, the total amount of the price concessions, discounts, and
rebates the manufacturer provides to each PBM operating in the State, expressed
in dollars per-unit and as a percent of the WAC;
(b) The total amount of price concessions, discounts, and
rebates aggregated across all health plans;
(c) For each market segment, the total number of units of the
prescription drug product paid for by the PBM;
[(c)] (d) The average price concession,
discount, and [rebate] rebates the manufacturer [provided]
provides in the State for therapeutic alternatives, expressed in
dollars per-unit and as a percent of the WAC;
[(d)] (e)—[(e)] (f) (text
unchanged)
(g) The frequency of mid-year formulary or coverage changes and
the policies regarding patient notification, exceptions, and transition
procedures for patients taking the medication;
(h) The therapeutic alternatives for the prescription drug
product or products under review identified by each formulary administered by
the PBM;
[(f)] (i)—[(g)] (j) (text
unchanged)
(4) Wholesale Distributors:
(a) (text unchanged)
(b) The total amount of price concessions and discounts provided by
the wholesale distributor to purchasers in the State, including but not limited
to pharmacies, pharmacy chains, pharmacy wholesalers, and other direct
purchasers, expressed in dollars per-unit and as a percent of the WAC;
(c) Units of the prescription drug product sold in the State; [and]
(d) Gross and net wholesale distributor revenues for the
prescription drug product under review for the most recent tax year; and
[(d)](e) (text unchanged)
C. (text unchanged)
.05 Cost Review Study.
A. The Board may determine:
(1) Whether use of the prescription drug product, consistent
with the labeling approved by the FDA or standard medical practice, has led
or will lead to:
(a) (text unchanged)
(b) High out-of-pocket costs for patients; and
[(2) Whether the use that has led to affordability
challenges or high out-of-pocket costs is consistent with:
(a) The labeling approved by the FDA; or
(b) Standard medical practice; and]
[(3)] (2) (text unchanged)
B. Analyses and Data Compilation.
(1) (text unchanged)
(2) These data and analyses may be:
(a) [Derived] Reported in or derived from
published peer-reviewed literature, including the original source documents;
(b) [Derived] Reported in or derived from
published public sources such as the FDA Orange Book, the FDA Purple Book, and
other sources;
(c)—(g) (text unchanged)
(h) Derived from quantitative and qualitative data collected by
Board staff, which may include structured interviews, focus groups, field
observations, surveys, ethnographic studies, and patient feedback that may be
gathered or requested.
C. Factors Considered in Cost Review Study.
(1) To the extent practicable, the Board may consider the following
historic and current data, information, and analyses in conducting a
cost review study:
(a) Drug Pricing for Drug Product Under Review:
(i) The WAC, AWP, NADAC, SAAC, ASP, National VA Contract Price,
Big 4 Price, MFP, and FSS; and
(ii) (text unchanged)
(b) (text unchanged)
(c) Therapeutic Alternatives:
(i) (text unchanged)
(ii) The WAC, AWP, NADAC, SAAC, ASP, National VA Contract, Big 4
Price, MFP, and FSS at which each therapeutic alternative has been sold in
the State; and
(iii) (text unchanged)
(d) Patient Access:
(i)—(ii) (text unchanged)
(iii) The current or expected dollar value of drug-specific patient
access programs [that are supported by the manufacturer] for the
drug product under review and the policies surrounding and implementing such
programs;
(e) Cost and Comparative Effectiveness Analyses:
(i) Board staff may utilize any comparator including, but not
limited to, therapeutic alternatives identified under COMAR 14.01.04.03C(1)(e),
in performing analyses under this section.
[(i)] (ii)—[(ii)] (iii)
(text unchanged)
(f) (text unchanged)
[(g) Additional Board Factors:
(i) Clinical information, including FDA indications and doses and
information concerning standard medical practice;
(ii) The disease burden of the condition that is treated by the
prescription drug product;
(iii) In the case of generic prescription drug products, the number
of pharmaceutical manufacturers that produce the prescription drug product;
(iv) The total gross spending in the State for the prescription
drug product under review, the total number of patients in the State using the
prescription drug product, and the percentage of overall total prescription
drug product spending that the product’s spending represents;
(v) The change in total gross spending and utilization for a
prescription drug product in the State between the two most recent available
calendar years and the percent change in total gross spending for a
prescription drug product in the State between the two most recent available
calendar years;
(vi) The mean, median, and 90th percentile out-of-pocket costs per
patient compared to State incomes;
(vii) An assessment of the impact of the prescription drug
product’s cost to access by priority populations and the impact on equity;
(viii) Information supplied by the manufacturer, if any, explaining
the relationship between the pricing of the prescription drug product and (a)
the cost of development and (b) the therapeutic benefit of the prescription
drug product, or information that is otherwise pertinent to the manufacturer’s
pricing decision;
(ix) Analysis of the prescription drug product’s approval process;
(x) Analysis of the prescription drug product’s shortage status;
(xi) Analysis of the market context of the prescription drug
product including the prescription drug product’s lifecycle management, patent
management, regulatory exclusivities, and product hopping;
(xii) The utilization and pricing of therapeutically equivalent
drug products;
(xiii) Analysis of the impact of state and federal regulatory and
compliance issues related to the prescription drug product;
(xiv) Input from state and local governmental entities and the
entities’ contractors such as health plans and plan administrators;
(xv) Impact of the utilization and spending for the prescription
drug product on public budgets and comparison of the spending on the
prescription drug product to relevant benchmarks;
(xvi) Analyses and research including literature review by Board
staff in response to information submitted by an entity under Regulation .04 of
this chapter, or through any public comment or public input procedure
(xvii) Input from the public; and
(xviii) Information and analyses submitted by an entity under
Regulation .04 of this chapter.]
(2) To the extent practicable, the Board may also consider the
following data, information, and analyses as Board factors in conducting a cost
review study.
(a) Prescription Drug Product Under Study.
(i) Clinical information, including FDA indications and doses,
evidence of therapeutic costs and benefits, mechanism of action, therapeutic
class, and information concerning standard medical practice; and
(ii) The disease burden of the condition that is treated by the
prescription drug product.
(b) Regulatory Approval and Market Context.
(i) Analysis of the prescription drug product’s approval
process;
(ii) Analysis of the prescription drug product’s shortage
status; and
(iii) Analysis of the market context of the prescription drug
product including the prescription drug product’s lifecycle management, patent
management, regulatory exclusivities, and product hopping.
(c) Utilization of Drug Product Under Review.
(i) The total gross spending in the State for the prescription
drug product under review, the total number of patients in the State using the
prescription drug product, and the percentage of overall total prescription
drug product spending that the product’s spending represents;
(ii) The change in total gross spending and utilization for a
prescription drug product in the State between the two most recent available
calendar years and the percent change in total gross spending for a
prescription drug product in the State between the two most recent available
calendar years;
(iii) Impact of the utilization and spending for the
prescription drug product on public budgets and comparison of the spending on
the prescription drug product to relevant benchmarks;
(d) Pricing Information and Rebates.
(i) Generally available public prices such as GoodRx or
direct-to-consumer prices; and
(ii) Information explaining the relationship between the pricing
of the prescription drug product, the cost of development, the therapeutic
benefit of the prescription drug product, or information that is otherwise
pertinent to the manufacturer’s pricing decision.
(e) Therapeutic Equivalents, Therapeutic Classes, and
Therapeutic Alternatives.
(i) The WAC, AWP, NADAC, SAAC, ASP, National VA Contract, Big 4
Price, and FSS at which each therapeutic alternative and drugs in the same
therapeutic class has been sold in the State;
(ii) The average price concession, discount, or rebate the
manufacturer provides or is expected to provide to health plans in the State
for therapeutic alternatives and drugs in the same therapeutic class;
(iii) The incremental costs associated with a prescription drug
product, including financial impacts to health, medical, or social services as
can be quantified and compared to baseline effects of the standard of care, and
drugs in the same therapeutic class;
(iv) Information derived from health economics and outcomes
research that may address the effectiveness of the prescription drug product in
treating the conditions for which it is prescribed or in improving a patient’s
health, quality of life, or overall health outcomes, and the effectiveness of
the prescription drug product compared with therapeutic alternatives, the
standard of care, drugs in the same therapeutic class, or no treatment;
(v) Clinical information, including FDA indications and doses,
evidence of therapeutic costs and benefits, mechanism of action, therapeutic
class, and information concerning standard medical practice; and
(vi) The number of pharmaceutical manufacturers that produce
therapeutically equivalent, biosimilar, or interchangeable prescription drug
products.
(f) Cost-Sharing and Insurance Benefit Design.
(i) The mean, median, and 90th percentile out-of-pocket costs
per patient compared to average State household incomes;
(ii) Information about patient access and medication adherence,
including the use and impact of utilization management tools;
(iii) An assessment of the impact of the prescription drug
product’s cost to access by priority populations and the impact on equity; and
(iv) Information concerning the manufacturer’s drug-specific
patient access programs, including the information requested in 14.01.04.04
B(1)(p).
(g) Other Information.
(i) Analysis of the impact of State and federal regulatory and
compliance issues related to the prescription drug product;
(ii) Input from State and local governmental entities and the
entities’ contractors such as health plans and plan administrators;
(iii) Analyses and research including literature review by Board
staff in response to information submitted by an entity under Regulation .04 of
this chapter, or through any public comment or public input procedure;
(iv) Input from the public;
(v) Information and analyses submitted by an entity under
Regulation .04 of this chapter;
(vi) Information and analyses submitted by an eligible
government entity; and
(vii) Information, analyses, and data published by the Centers
for Medicare and Medicaid Services underpinning the MFP produced through the
Medicare Drug Price Negotiation program.
[(2)](3) The public may provide written
comments concerning the prescription drug product:
(a) Within 60 days of the date [the drug’s selection for cost
review study is posted] when the Board posts a request for public comment
about the drug on the Board’s website; and
(b) (text unchanged)
D. Board Staff Recommendations.
(1) Board staff shall:
(a) Prepare a memorandum that
contains staff’s recommendations; and
(b) Redact any confidential,
trade secret and proprietary information.
(2) As an addendum to the memorandum, Board staff may provide
the Board with recently available information that updates the data and
information in either the dossier or dashboard.
[D.] E. At an open meeting, the Board may:
(1)—(3) (text unchanged)
(4) Consider Board staff recommendations and any addendum;
[(4)] (5)—[(5)] (6) (text
unchanged)
[E.] F. (text unchanged)
[F.] G. Preliminary Determination.
(1)—(2) (text unchanged)
(3) Preliminary Determination of Affordability Challenge.
(a) Board staff shall prepare a draft [of the]
preliminary determination [cost review] report that summarizes [the
information considered by the Board in conducting the cost review study,]
the Board’s deliberations, and preliminary determination [the
circumstances or indicia reflecting the affordability challenge, and the
Board’s preliminary determination].
(b) The public may comment on the draft [of the]
preliminary determination [cost review] report.
[G.] H. Final Determination Concerning
Affordability Challenge and Final Cost Review Study Report.
(1) The Board may vote to finalize the preliminary determination
and [approve the draft] adopt a cost review study
report as final.
(2) The Board’s determination of whether a prescription drug has or
will lead to an affordability challenge is not final until the final cost
review study report is adopted by the Board.
(3) (text unchanged)
.06 Reporting of
Drug Affordability Issues.
A. Public Reporting.
(1) Individual members of the public may report their personal
experience with a drug or drugs that have caused or are causing an
affordability issue for the individual.
(2) An individual may report a drug:
(a) By completing the form available on the Board’s website
electronically; or
(b) By downloading or obtaining the form from the Board,
completing the form, and submitting it to the Board.
(3) Blank forms may be requested by contacting the Board by
email or phone.
B. Reporting by Eligible Governmental Entities.
(1) An Eligible Governmental Entity may:
(a) Refer a prescription drug product to the Board for possible
study, along with drug purchasing data, and other relevant information about
the prescription drug product; or
(b) Report to the Board their experiences, drug purchasing data,
and other relevant information about a prescription drug product during the
cost review study and policy review processes.
(2) An Eligible Governmental Entity may submit the information
identified in §B(1) of this regulation by:
(a) Completing the data form developed by the Board; and
(b) Providing supporting documentation.
(3) An Eligible Governmental entity submitting information,
including data and records, for the Board’s consideration shall comply with the
procedures for designating confidential, trade-secret, and proprietary
information set forth in COMAR 14.01.01.04.
(4) Information may be submitted to the Board:
(a) In paper form using a tracked common carrier, courier, or
postal service; or
(b) Electronically using secure file transfer.
ANDREW W. YORK
Executive Director
Subtitle 22 COMMISSION ON CRIMINAL
SENTENCING POLICY
14.22.02 Criminal Offenses and
Seriousness Categories
Authority: Criminal Procedure Article, §6-211, Annotated Code of
Maryland.
Notice of Proposed Action
[26-141-P]
The Maryland State Commission on Criminal Sentencing Policy
proposes to amend Regulations .01 and .02 under COMAR 14.22.02
Criminal Offenses and Seriousness Categories.
Statement of Purpose
The purpose of this action is reflect:
(1) New and revised penalties from the 2026 Legislative Session;
and
(2) The addition of five previously unclassified offenses.
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 Soule, Executive Director, Maryland
State Commission on Criminal Sentencing Policy, 4511 Knox Rd, Suite 309,
College Park, MD 20740, or call 301-403-4165, or email to [email protected].
Comments will be accepted through October 5, 2026. A public hearing has not
been scheduled.
.01 List of Offense Headings.
A—B (text unchanged)
C
Cannabis License or Registration
CDS and Paraphernalia
CDS—Registration
Cemeteries and Funerary Objects, Crimes Involving
Commercial Fraud, Other
Conspiracy
Consumer Protection Laws
Counterfeit Tobacco Tax Stamps
Counterfeiting
Credit Card Crimes
Crimes Against the Person, Generally
Criminal Organizations
D (text unchanged)
E
Economic Development and Financial Assistance Programs
Election Offenses
Estates, Crimes Against
Extortion and Other Threats
F—O (text unchanged)
Perjury
Pet Cremation and Burial Services
Prescription Drugs and Other Substances
Pretrial Release, Crimes Involving
Prostitution and Related Crimes
Protected Individuals, Protected Information
Public Fraud
Public Health and Safety, Crimes Against
R—W (text unchanged)
.02 Seriousness Categories.
|
|
Offense Literal
|
CJIS
Code
|
Source
|
Felony or
Misd.
|
Max
Term
|
Min
Term
|
Offense Type
|
Ser.
Category
|
Fine
|
|
1—9-5 (text unchanged)
|
|
9-6
|
Animals, Crimes Against
Aggravated animal cruelty
|
1-0505
[1-0508]
|
CR, §10-606
|
Felony
|
3Y
|
|
Property
|
VI
|
$5,000
|
|
9-7
|
Animals,
Crimes Against
Intentionally harass or
injure emergency response animal
|
1-2263
1-2264
|
CR, §10-606.1(c)(1)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$5,000
|
|
9-8
|
Animals,
Crimes Against
Intentionally
harass or injure emergency response animal during commission of a crime;
intentionally kill or seriously injure emergency response animal
|
1-2265
1-2266
|
CR, §10-606.1(c)(2)
|
Misd.
|
2Y
|
|
Property
|
VI
|
$10,000
|
|
10—12-4 (text unchanged)
|
|
12-5
|
Animals,
Crimes Against
Slaughter or
cause the slaughter of a racehorse in the State for any commercial purpose, 1st
offense
|
|
BR, §11-1002(c)(1)(i)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$1,000
|
|
12-6
|
Animals,
Crimes Against
Slaughter or
cause the slaughter of a racehorse in the State for any commercial purpose, subsequent
|
|
BR, §11-1002(c)(1)(ii)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$2,000
|
|
13—24 (text unchanged)
|
|
25
|
Assault and Other Bodily Woundings
Female genital mutilation—perform, attempt, conspire, or consent to perform,
or transport out of state to perform
|
[1-0965]
[1-0970]
1-2271
1-2272
1-2273
|
[HG,
§20-601]
[HG, §20-603]
HG, §20-602
HG, §20-604(a) (penalty)
|
Felony
|
[5Y]
10Y
|
|
Person
|
[V]
IV
|
[$5,000]
$10,000
|
|
25-1—32 (text unchanged)
|
|
33
|
Assault Weapons
Unlawfully possess, sell, offer to sell, etc., an assault weapon;
manufacture, sell, offer to sell, etc., a detachable magazine with a capacity
of more than 10 rounds; manufacture, possess, sell, etc., a rapid fire
activator; manufacture, sell, offer to sell, etc., a machine gun
convertible pistol
|
1-1448
1-2281
3-5250
3-5255
[1-1448]
|
CR, §4-303(a)
CR, §4-305(b)
CR, §4-305.1 (a)
CR, §4-305.2 (a)
CR, §4-306(a)
(penalty)
|
Misd.
|
3Y
|
|
Person
|
VI
|
$5,000
|
|
34—71-1 (text unchanged)
|
|
71-2
|
CDS and Paraphernalia
[Preparation, distribution, or sale of kratom
products to an individual under 21; without proper label disclosures; or that
contain certain other substances] Prepare, distribute, sell, or
expose for sale kratom product without required disclosures; not recognized
by the FDA; adulterated or contaminated with a dangerous substance; or to an
individual under the age of 21 years; advertise or promote kratom in certain
manners
|
|
HG, §21-2E-02(f)
HG, §21-2E-03(e)
|
Misd.
|
90D
|
|
Drug
|
VII
|
$5,000
|
|
71-3
|
CDS and Paraphernalia
Prepare, distribute, sell,
or expose for sale phenibut product without required disclosures; not
recognized by the FDA; adulterated or contaminated with a dangerous
substance; or to an individual under the age of 21 years; advertise or
promote phenibut in certain manners
|
|
HG, §21-2F-02(f)
HG, §21-2F-03(e)
|
Misd.
|
90D
|
|
Drug
|
VII
|
$5,000
|
|
72—80 (text unchanged)
|
|
80-1
|
Commercial Fraud, Other
Unauthorized
representation as a bank, national banking association, other-state bank, or
savings and loan association
|
|
FI, §5-806(d)
|
Misd.
|
5Y
|
|
Property
|
VII
|
$3,000
|
|
80-2
|
Commercial Fraud, Other
Unauthorized
representation as a credit union
|
1-1539
|
FI, §6-901
|
Misd.
|
5Y
|
|
Property
|
VII
|
$3,000
|
|
[80-1]80-3—96 (text unchanged)
|
|
97
[Vacant]
|
Commercial
Fraud, Other
Altering or tampering with
a gift card with the intent to defraud another
|
1-2268
|
CR, §8-409
|
Misd.
|
18M
|
|
Property
|
VII
|
$500
|
|
98—99 (text unchanged)
|
|
99-1
|
Counterfeit Tobacco Tax Stamps
Creation or procurement of an altered or
counterfeited tobacco tax stamp
|
|
TG, §13-1012 (a)
|
Misd.
|
5Y
|
|
Property
|
VI
|
$5,000
|
|
99-2
|
Counterfeit Tobacco Tax Stamps
Use, transfer, or possession of an
altered or counterfeited tobacco tax stamp
|
|
TG, §13-1012 (b)(1)
|
Misd.
|
5Y
|
|
Property
|
VI
|
$5,000
|
|
99-3
|
Counterfeit Tobacco Tax Stamps
Use of a tobacco tax stamp more than
once
|
|
TG, §13-1012 (b)(2)
|
Misd.
|
5Y
|
|
Property
|
VI
|
$5,000
|
|
99-4
|
Counterfeit Tobacco Tax Stamps
Purchase of a tobacco tax stamp from unauthorized
individuals *
|
|
TG, §13-1012 (c)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$1,000
|
|
100—129-2 (text unchanged)
|
|
129-3
|
Economic
Development and Financial Assistance Programs, Crimes Involving
False
statement or report in an application or document submitted to, or to
influence an action of, the Maryland Economic Development Assistance
Authority — Small
Business Development Contract Financing
|
|
EC, §5-524
|
Misd.
|
5Y
|
|
Property
|
VII
|
$50,000
|
|
129-4
|
Economic
Development and Financial Assistance Programs, Crimes Involving
False
statement or report in an application or document submitted to, or to
influence an action of, the Maryland Economic Development Assistance
Authority — Small Business Development Guaranty Program
|
|
EC, §5-534
|
Misd.
|
5Y
|
|
Property
|
VII
|
$50,000
|
|
129-5
|
Economic
Development and Financial Assistance Programs, Crimes Involving
False
statement or report in an application or document submitted to, or to
influence an action of, the Maryland Economic Development Assistance
Authority — Small Business Surety Bond Program
|
|
EC, §5-559
|
Misd.
|
5Y
|
|
Property
|
VII
|
$50,000
|
|
130—135-1 (text unchanged)
|
|
135-2
|
Election
Offenses
Creating, using, or
disseminating a deepfake to produce false information to influence an
election
|
1-0835
|
EL, §16-905
|
Misd.
|
5Y
|
|
Property
|
VII
|
$5,000
|
|
[135-2]135-3—[135-3]135-4 (text unchanged)
|
|
136—159-15 (text unchanged)
|
|
159-16
|
Fraud,
Miscellaneous
Practicing
acupuncture without a license or misrepresentation as practitioner of
acupuncture
|
1-1541
|
HO, §1A-401
HO, §1A-402
HO, §1A-404(a)(1)
(penalty)
|
Misd.
|
3Y
|
|
Person
|
VI
|
$5,000
|
|
159-17
|
Fraud,
Miscellaneous
Employing an individual to practice
acupuncture without a license or
aiding or abetting the unauthorized practice of acupuncture in violation of
HO, §1A-401, 1st offense
|
|
HO, §1A-403
HO, §1A-404 (b)(1)(i) (penalty)
|
Misd.
|
1Y
|
|
Person
|
VII
|
$5,000
|
|
159-18
|
Fraud,
Miscellaneous
Employing an individual to practice
acupuncture without a license or
aiding or abetting the unauthorized practice of acupuncture in violation of
HO, §1A-401, subsequent
|
|
HO, §1A-403
HO, §1A-404 (b)(1)(ii) (penalty)
|
Felony
|
5Y
|
|
Person
|
VI
|
$5,000 per day
|
|
160—193 (text unchanged)
|
|
194
|
Harboring, Escape, and
Contraband
Escape, 1st degree
|
1-0615
2-0835
2-1010
|
CR, §9-404
|
Felony
|
10Y
|
|
Person
|
IV
|
$20,000
|
|
195—206 (text unchanged)
|
|
206-1
|
Identity Fraud
Possess, obtain personally identifying information or willfully assume the
identity of another, benefit $100,000 or greater
|
1-1359
1-1366
1-1370
|
[CR,
§8-301(b), (c)]
CR, §8-301(b), (c)(2)(i), (ii), (iii)
CR, §8-301 (g)(1)(iii)
(penalty)
|
Felony
|
20Y
|
|
Property
|
III
|
$25,000
|
|
206-2
|
Identity Fraud
Possess, obtain personally identifying information or willfully assume the
identity of another, benefit at least $25,000 but less than $100,000
|
1-1360
1-1367
1-1371
|
[CR,
§8-301(b), (c)]
CR, §8-301(b), (c)(2)(i), (ii), (iii)
CR, §8-301 (g)(1)(ii)
(penalty)
|
Felony
|
10Y
|
|
Property
|
V
|
$15,000
|
|
206-3
|
Identity Fraud
Possess, obtain personally identifying information or willfully assume the
identity of another, benefit at least $1,500 but less than $25,000
|
1-1361
1-1368
1-1372
|
[CR,
§8-301(b), (c)]
CR, §8-301(b), (c)(2)(i), (ii), (iii)
CR, §8-301 (g)(1)(i)
(penalty)
|
Felony
|
5Y
|
|
Property
|
VI
|
$10,000
|
|
206-4
|
Identity Fraud
Possess, obtain personally identifying information or willfully assume the
identity of another, benefit at least $100 but less than $1,500
|
1-1362
1-1369
1-1373
|
[CR,
§8-301(b), (c)]
CR, §8-301(b), (c)(2)(i), (ii), (iii)
CR, §8-301 (g)(2)(penalty)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$500
|
|
206-5—207-2 (text unchanged)
|
|
207-3
|
Identity Fraud
Falsely represent self as another person
|
1-1364
1-1384
|
[CR,
§8-301(c)(1), (f)]
CR, §8-301(c)(1), (f)(1)
CR, §8-301 (g)(4)(penalty)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$500
|
|
207-4
|
Identity Fraud
Use an interactive computer service to disclose personal identifying
information of an individual in order to annoy, threaten, embarrass, or
harass; use personal identifying information of an individual in order to
cause harm
|
1-1363
1-2274
|
[CR,
§8-301(b-1)]
CR, §8-301(b-1), (b-2)
CR, §8-301 (g)(4)(penalty)
|
Misd.
|
1Y
|
|
Person
Property
|
VII
|
$500
|
|
[207-6]207-5 (text unchanged)
|
|
207-6
|
Identity Fraud
Falsely represent self as another person with intent to harm, harass,
intimidate, threaten, or coerce
|
1-2275
|
CR, §8-301(c)(2)(iv)
CR, §8-301 (g)(4)
(penalty)
|
Misd.
|
1Y
|
|
Person
|
VII
|
$500
|
|
207-7
|
Identity Fraud
Use artificial
intelligence or deepfake representation to cause harm to another by
impersonating, falsely depicting, or claiming to represent another person, or
to create or distribute false records to cause harm to another, etc., one
victim
|
1-2276
1-2277
|
CR, §8-301(f)(2)
CR, §8-301 (g)(5)(i) (penalty)
|
Felony
|
5Y
|
|
Person
Property
|
VI
|
$10,000
|
|
207-8
|
Identity Fraud
Use artificial
intelligence or deepfake representation to cause harm to another by
impersonating, falsely depicting, or claiming to represent another person, or
to create or distribute false records to cause harm to another, etc., two or
more victims
|
1-2237
1-2238
|
CR, §8-301(f)(2)
CR, §8-301 (g)(5)(ii) (penalty)
|
Felony
|
10Y
|
|
Person
Property
|
V
|
$15,000
|
|
208—286 (text unchanged)
|
|
286-1
|
Obscene
Matter
Child pornography, with 100 images or more
|
1-2278
|
CR, §11-208.2(b)
|
Felony
|
10Y
|
|
Person
|
IV
|
|
|
286-2
|
Obscene
Matter
Child pornography, with image depicting child under
the age of 13 years
|
1-2279
|
CR, §11-208.2 (c)
|
Felony
|
10Y
|
|
Person
|
IV
|
|
|
287—301-2 (text unchanged)
|
|
301-3
|
Perjury
Perjury—knowingly make a false statement to obtain a marriage license
|
2-0875
|
FL, §2-407
CR, §9-101 (penalty)
|
Misd.
|
10Y
|
|
Property
|
IV
|
|
|
302—303 (text unchanged)
|
|
303-1
|
Pet Cremation and Burial Services
Violation of any provision of the
Maryland Pet Cremation and Burial Services Consumer Protection Act, 1st
offense
|
|
BR, §5-7A-07(a)(1)
HO, §7-4B-06 (a)(1)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$5,000
|
|
303-2
|
Pet Cremation and Burial Services
Violation of any provision of the
Maryland Pet Cremation and Burial Services Consumer Protection Act, 2nd
offense
|
|
BR, §5-7A-07(a)(2)
HO, §7-4B-06(a)(2)
|
Misd.
|
2Y
|
|
Property
|
VII
|
$10,000
|
|
303-3
|
Pet Cremation and Burial Services
Violation of any provision of the
Maryland Pet Cremation and Burial Services Consumer Protection Act, 3rd
or subsequent offense
|
|
BR, §5-7A-07(a)(3)
HO, §7-4B-06(a)(3)
|
Misd.
|
3Y
|
|
Property
|
VI
|
$15,000
|
|
304—328-1 (text unchanged)
|
|
328-2
|
Public Fraud
Government benefits exploitation, less
than $1,500
|
1-2241
1-2245
1-2249
|
CR, §8-524(c)(1)
|
Misd.
|
1Y
|
|
Property
|
VII
|
$500
|
|
328-3
|
Public Fraud
Government benefits exploitation, at
least $1,500 but less than $25,000
|
1-2242
1-2246
1-2250
|
CR, §8-524(c)(2)
|
Felony
|
5Y
|
|
Property
|
VI
|
$10,000
|
|
328-4
|
Public Fraud
Government benefits exploitation, at
least $25,000 but less than $100,000
|
1-2243
1-2247
1-2251
|
CR, §8-524(c)(3)
|
Felony
|
10Y
|
|
Property
|
V
|
$15,000
|
|
328-5
|
Public Fraud
Government benefits exploitation,
$100,000 or more
|
1-2244
1-2248
1-2252
|
CR, §8-524(c)(4)
|
Felony
|
20Y
|
|
Property
|
III
|
$25,000
|
|
329—356 (text unchanged)
|
|
356-1
|
Sexual Crimes
Sex Offense, 3rd degree (a)(1) employ or display a dangerous
weapon, etc.; (a)(2) with substantially cognitively impaired, mentally
incapacitated, or physically helpless individual
|
1-1824
1-1825
1-1826
1-1827
1-1828
1-2280
|
CR, §3-307(a)(1)
CR, §3-307(a)(2)
|
Felony
|
10Y
|
|
Person
|
IV
|
|
|
357—359-1 (text unchanged)
|
|
359-2
|
Sexual Crimes
Sexual conduct by law enforcement officer with victim, witness, or suspect in
an open investigation; with person requesting assistance from or responding
to law enforcement officer; [or] with person in custody of law
enforcement officer; or with student enrolled in a school where law
enforcement officer is school resource officer
|
1-0836
1-1462
|
CR, §3-314(e)
|
Misd.
|
3Y
|
|
Person
|
V
|
$3,000
|
|
360—362 (text unchanged)
|
|
363
|
Sexual Crimes
Sex Offense, 4th degree
|
1-1623
1-1624
[1-1625]
[1-1626]
4-3600
|
[CR,
§3-308 (d)(1)]
CR, §3-308 (b)(1)
|
Misd.
|
1Y
|
|
Person
|
VII
|
$1,000
|
|
363-1 (text unchanged)
|
|
363-2
|
Sexual Crimes
Sex Offense, 4th degree, [subsequent] by a person previously convicted of a certain sexual crime
|
1-1623
1-1624
[1-1625]
[1-1626]
4-3600
|
[CR,
§3-308 (d)(2)]
CR, §3-308 (b)(2)
|
Misd.
|
3Y
|
|
Person
|
VI
|
$1,000
|
|
363-3
|
Sexual Crimes
Sex Offense, by a person in a position of authority
|
1-2255
1-2256
|
CR, §3-308.1 (b)
CR, §3-308.1 (e)(1)
(penalty)
|
Misd.
|
1Y
|
|
Person
|
VII
|
$1,000
|
|
363-4
|
Sexual Crimes
Sex Offense, by a person in a position of authority
with victim younger than 13 years old
|
1-2257
1-2258
|
CR, §3-308.1 (c)
CR, §3-308.1 (e)(2)
(penalty)
|
Felony
|
10Y
|
|
Person
|
IV
|
$25,000
|
|
363-5
|
Sexual Crimes
Sex Offense, by a person in a position of authority
previously convicted of a certain sexual crime
|
1-2259
1-2260
1-2261
1-2262
|
CR, §3-308.1 (d)
CR, §3-308.1 (e)(3) (penalty)
|
Felony
|
20Y
|
|
Person
|
III
|
$50,000
|
|
364 (text unchanged)
|
|
364-1
|
Stalking and Harassment
Stalking
|
1-6525
|
[CR,
§3-802]
CR, §3-802 (d)(1)
|
Misd.
|
5Y
|
|
Person
|
V
|
$5,000
|
|
364-2
|
Stalking and
Harassment
Stalking someone while a
protective or court order involving the victim is in effect against the
defendant, or after a prior stalking conviction
|
1-2282
1-2283
1-2284
1-2285
|
CR, §3-802 (d)(2)
|
Felony
|
10Y
|
|
Person
|
IV
|
$10,000
|
|
365—376-2 (text unchanged)
|
|
376-3
|
Telecommunications and Electronics, Crimes Involving
[Taking]
Intentionally taking certain actions with the intent to [interrupt
or] impair [the functioning of] critical
infrastructure or a public safety answering point
|
1-2231
|
CR, §7-302 (d)(5)
|
Felony
|
5Y
|
|
Property
|
V
|
$25,000
|
|
376-4
|
Telecommunications and Electronics, Crimes Involving
Intentionally taking certain actions that deny
access to an authorized user or impair critical infrastructure or a public
safety answering point
|
1-2286
|
CR, §7-302 (d)(6)
|
Felony
|
10Y
|
|
Property
|
IV
|
$50,000
|
|
377—421 (text unchanged)
|
Footnotes (text unchanged)
General Rules: (text unchanged)
DAVID SOULE
Executive Director
Subtitle 23 Alcohol, Tobacco, and Cannabis Commission
14.23.01 Alcoholic Beverages
Authority: Alcoholic Beverages and Cannabis Article, §§ 1–101,
1-311, 2–124, 2–125, 2–217, 2-302, 2-303, and 2–316, Annotated Code of
Maryland
Notice of Proposed Action
[26-130-P]
The Executive Director of the Alcohol, Tobacco, and Cannabis
Commission proposes to amend Regulation .08 and adopt new Regulation .20
under COMAR 14.23.01 Alcoholic Beverages.
Statement of Purpose
The purpose of this action is to clarify the manner in which
certain alcoholic beverages can be distributed throughout the State. Current
regulatory language has allowed for overlapping distributorship appointments
for certain wine and spirits beverages that are challenging for the agency to
track, manage, and regulate. This action will establish guidelines for
packaging, notice, and reporting requirements when distributing non-conforming
beverages in Maryland.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed action is not
expected to create a significant economic impact. The action may reduce
barriers to market participation and increase overall market competition, which
may create nominal benefits for alcoholic beverages retailers and consumers.
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:
|
|
|
|
Alcoholic beverage
manufacturers, wholesalers, retailers
|
(+)
|
Nominal
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Alcoholic beverage consumers
|
(+)
|
Nominal
|
|
|
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
D. Increased competition in some product categories. The regulation
is designed to create minimal change for the existing statewide market participants,
but would allow new products and small businesses to enter regional markets.
F. Increase in competition may improve product prices or
availability
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 may have a positive impact on small businesses
in Maryland by expanding opportunities for smaller alcoholic beverage
wholesalers to enter and compete for the right to distribute non-conforming
beverages within regional markets in the State. By removing exclusive
territorial distribution requirements for these products, the action creates a
more equitable competitive environment for large and small wholesalers, many of
whom are 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 Jeffrey M. Hann, Assistant Director, Legal
and Legislative Division, Alcohol, Tobacco, and Cannabis Commission, 1215 East
Fort Avenue, Suite 300, Baltimore, Maryland, 21230, or call 443-300-6990, or
email to [email protected]. Comments will be accepted through October
5, 2026. A public hearing has not been scheduled.
.08 Wine and Distilled Spirits Distributorship Appointments.
A. [Definition.] Definitions.
(1) In this regulation, the following terms have the meanings
indicated.
(a) Distilled Spirits.
(i) “Distilled spirits” has the meaning stated in Tax–General
Article, §5–101, Annotated Code of Maryland.
(ii) “Distilled spirits” does not include non-conforming
beverages as defined in Regulation .20 of this chapter.
(b) “Sole American Source of Supply in Maryland” means a
licensed wholesaler that imports a brand of wine or distilled spirits from
outside of the United States and that is the sole source of that brand within
Maryland under this regulation.
(c) Supplier.
(i) “Supplier” means a licensed manufacturer[,]
or permitted nonresident dealer[, or wholesaler] who sells
a brand of wine or distilled spirits to a licensed wholesaler for resale to
licensed retailers in Maryland.
(ii) “Supplier” may include a licensed wholesaler only
when they meet the definition of a sole American Source of Supply in Maryland,
as designated by the Executive Director.
(d) Wine.
(i) “Wine” has the meaning stated in Alcoholic Beverages and
Cannabis Article, §1–101, Annotated Code of Maryland.
(ii) “Wine” does not include non-conforming beverages as defined
in Regulation .20 of this chapter.
B. Sole American Source of Supply in Maryland.
(1) A licensed wholesaler may act as a supplier under this regulation
only when the licensed wholesaler is the sole American source of supply in
Maryland.
(2) A licensed wholesaler who intends to represent a brand of
wine or distilled spirits as the sole American source of supply in Maryland
under this subsection shall submit a request to the Executive Director, in a
manner prescribed by the Executive Director.
(3) The Executive Director may approve, deny, terminate, or
suspend a licensed wholesaler's ability to act as a supplier under this
section.
(4) A licensed wholesaler shall notify the Executive Director of
a termination of their representation as a sole American source of supply in
Maryland as soon as practicable, in a manner prescribed by the Executive
Director.
[B.] C. A supplier who desires to change
the licensed wholesaler it has selected or franchised to distribute a brand of
wine or distilled spirits in the State shall provide at least 30 days notice of
this intention [by registered mail] to the licensed wholesaler
and the Executive Director[.], in a manner prescribed by the
Executive Director.
[C.] D. A licensed wholesaler who
desires to discontinue the sale of a brand of wine or distilled spirits shall
provide at least 30 days notice of this intention [by registered mail]
to the supplier from whom the product was purchased and to the Executive
Director[.], in a manner prescribed by the Executive Director.
[D.] E. (text unchanged)
[E.] F. Any brand of wine or distilled
spirits affected by the procedure set forth in this regulation which is in the
outgoing wholesaler's inventory on or before the conclusion of this notice
period shall be purchased and paid for by the supplier or incoming wholesaler
at the laid-in cost of the outgoing wholesaler before the incoming wholesaler
is allowed to distribute the product in the Maryland market. If a supplier,
other than the current brand owner or authorized agent, acquires a brand and
wants to designate a wholesaler other than the existing wholesaler, the
supplier may not [file] distribute the product until the
supplier or incoming wholesaler has purchased the inventory of the outgoing
wholesaler at the laid-in cost of the outgoing wholesaler.
[F.] G. (text unchanged)
[G.] H. This regulation does not apply
to:
(1) [a] A county dispensary acting as a
wholesaler[.]; or
(2) Non-conforming beverages as defined under Regulation .20 of
this chapter.
.20 Non-Conforming Beverages.
A. Definitions. In this regulation, the following terms have the
meanings indicated.
(1) “Geographic territory” means a county in Maryland, as
defined in Local Government Article, §1-101, Annotated Code of Maryland.
(2) Non-conforming Beverage.
(a) “Non-conforming beverage” means an alcoholic beverage that:
(i) Is intended to be consumed as a single-serving within an
individual commercially sealed container with a non-resealable lid or cap;
(ii) Contains 20 percent or less alcohol by volume;
(iii) Contains in whole or in part wine or distilled spirits;
and
(iv) Contains a non-alcoholic beverage component.
(b) “Non-conforming beverage” also means a beverage that has
been specifically designated by the Executive Director as a non-conforming
beverage.
(c) “Non-conforming beverage” does not include:
(i) Beer, as defined in Alcoholic Beverages and Cannabis
Article, §1-101, Annotated Code of Maryland; or
(ii) Any container of alcoholic beverages with multiple servings
in a single bottle, can, container, or other package, unless designated by the
Executive Director under §C of this regulation.
(3) “Supplier” means a licensed manufacturer, permitted resident
dealer, or permitted nonresident dealer who sells a brand of non-conforming
beverages to a licensed wholesaler for resale to licensed retailers in
Maryland.
B. Except as authorized under §C of this regulation,
non-conforming beverages may be packaged with multiple servings only if each
single serving is physically separated into individual serving containers.
C. A supplier may submit an exemption request from §B of this regulation,
for a brand, product, or packaging as a non-conforming beverage to the
Executive Director, in a manner prescribed by the Executive Director.
D. A supplier shall notify the Executive Director of selections
or appointments of licensed wholesalers for the distribution of a brand of
non-conforming beverages in the State, in a manner prescribed by the Executive
Director.
E. A supplier who desires to change the licensed wholesaler it
has selected or appointed to distribute a brand of non-conforming beverages in
the State shall provide at least 30 days’ notice of this intention to the
licensed wholesaler and the Executive Director, in a manner prescribed by the
Executive Director.
F. A licensed wholesaler who desires to discontinue the sale of
a brand of non-conforming beverages shall provide at least 30 days notice of
this intention to the supplier from whom the product was purchased and to the
Executive Director, in a manner prescribed by the Executive Director.
G. A supplier may not select, designate, or appoint more than
one licensed wholesaler to sell or distribute a brand of non-conforming
beverages in the same geographic territory for a period of time any longer than
the 30-day notice period mentioned above.
H. It is a violation of §G of this regulation for a supplier to
select, designate, appoint, or otherwise permit the distribution of a brand of
non-conforming beverage by multiple wholesalers to the same retail location or
address.
I. A supplier who violates §E, G, or H of this regulation may be
subject to fine, suspension, or revocation of the license or permit issued by
the Executive Director.
J. A licensed wholesaler may not distribute a brand of
non-conforming beverage in a manner that does not conform with this regulation.
K. A licensed wholesaler who violates §J of this regulation may
be subject to fine, suspension, or revocation of the license issued by the
Executive Director.
JEFFREY A. KELLY
Executive Director
Title 37
MARYLAND DEPARTMENT OF DISABILITIES
Subtitle 01 GENERAL
PROVISIONS
37.01.01 Regulations and Related Procedures
Authority: Human Services Article, §7-110, Annotated Code of
Maryland
Notice of Proposed Action
[26-082-P]
The Maryland Department of Disabilities proposes to adopt new
Regulations .01—.03 under a new title, Title 37 Maryland Department
of Disabilities, under a new subtitle, Subtitle 01 General Provisions,
under a new chapter, COMAR 37.01.01 Regulations and Related Procedures.
Statement of Purpose
The purpose of this action is to:
(1) Implement Human Services Article, §7-110, Annotated Code of
Maryland, which requires the Secretary of Disabilities to promulgate the
regulations of the Maryland Department of Disabilities and its units;
(2) Establish the subtitle and chapter under a new Title 37 in
COMAR; and
(3) Lay the foundation for the future proposal and adoption of
departmental regulations by the Secretary.
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 Anne Blackfield, Deputy Secretary, Maryland
Department of Disabilities, 217 East Redwood Street, Suite 1300, Baltimore, MD
21202, or call 410-767-3660, or email to [email protected]. Comments will
be accepted through October 5, 2026. A public hearing has not been scheduled.
.01 Definitions.
A. In this title, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Department” means the Maryland Department of Disabilities.
(2) “Secretary” means the Secretary of the Maryland Department
of Disabilities.
(3) “Unit” means all programs, divisions, boards, commissions,
offices, and other bodies within the Department's jurisdiction.
.02 Secretary of the Department.
A. The Secretary is responsible for promulgating
the regulations of the Department and its units.
B. For all units within the jurisdiction of the Department, the
Secretary shall:
(1) Review all proposed new regulations and amendments to
regulations; and
(2) Adopt, revise, or disapprove the proposed action.
.03 Adoption of Regulations.
The Secretary shall propose and adopt all new, amended, and
repealed regulations for regular promulgation and emergency action as
prescribed in the Administrative Procedure Act, Annotated Code of Maryland.
CAROL A. BEATTY
Secretary
Subtitle 02 OFFICE OF
PERSONAL CARE SERVICES
37.02.01 Attendant
Care Program
Authority: Human Services Article, §§7-110 and 7-404, Annotated
Code of Maryland
Notice of Proposed Action
[26-086-P]
The Maryland Department of Disabilities proposes to repeal existing
Regulations .01—.13 under COMAR 14.11.01 Attendant Care Program
and adopt new Regulations .01—.13 under a new title, Title 37
Maryland Department of Disabilities, under a new subtitle, Subtitle 02
Office of Personal Care Services, under a new chapter, COMAR 37.02.01
Attendant Care Program.
Statement of Purpose
The purpose of this action is to establish the regulations for the
Maryland Department of Disabilities’ Attendant Care Program that were
previously under COMAR 14.11.01. This is a technical change. The regulations
from COMAR 14.11.01 are being repealed and proposed for adoption, without any
changes, as COMAR 37.02.01.
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 Anne Blackfield, Deputy Secretary, Maryland
Department of Disabilities, 217 East Redwood Street, Suite 1300, Baltimore, MD
21202, or call 410-767-3660, or email to [email protected]. Comments will
be accepted through October 5, 2026. A public hearing has not been scheduled.
.01 Purpose.
The Attendant Care Program provides financial reimbursement to
assist individuals with severe chronic or permanent physical disabilities who
require attendant care services or ongoing additional supports to direct their
own care and select their own service providers. Reimbursement may be available
for attendant care services or ongoing additional supports that are provided in
the home, school, workplace, or other community locations.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Annual adjusted gross income” means the total taxable and
nontaxable annual income, less 100 percent of total unreimbursed medical
expenses as defined by COMAR 07.03.17.33, of:
(a) The eligible applicant; and
(b) The applicant's spouse.
(2) “Applicant” means an individual who has submitted an
application to participate in the Program in order to receive reimbursement of
the cost of attendant care services or ongoing additional supports.
(3) “Attendant” means an individual or provider agency who
provides attendant care services to a participant.
(4) “Attendant care agreement” means a written agreement
developed by the Department that:
(a) Provides:
(i) The effective date for reimbursable services; and
(ii) The terms for reimbursement under the Program; and
(b) Is signed by the participant and the Program Director at the
time of initial enrollment and at the request of the Program Director if any
circumstances change for the individual or the program.
(5) “Attendant care services” means any of the following
services for an individual, which are deemed necessary by an attending
physician or by a registered nurse or certified nurse practitioner serving the
individual including:
(a) Activities of daily living such as:
(i) Dressing;
(ii) Preparing food and assisting with eating;
(iii) Bathing and personal hygiene;
(iv) Assisting with routine bodily functions, including bowel
and urinary care; and
(v) Moving into, out of, or turning in bed; or
(b) Instrumental activities of daily living such as:
(i) Laundering and other clothing care;
(ii) Cleaning house; and
(iii) Performing other services of daily care, including
shopping and transportation.
(6) “Attending physician” means an individual who is authorized
to practice medicine in this State and who has provided medical treatment to an
applicant.
(7) “Certification of service form” means a document designated
by the Department that verifies the participant's receipt of attendant care
services for billing purposes.
(8) “Department” means the Department of Disabilities.
(9) “Duplicative services” means comparable care services or
ongoing additional supports provided through any other federal or State
assistance programs, such as but not limited to the programs described in COMAR
07.06.12, 10.09.04, or 10.09.20.
(10) “Episodic” means when an impairment or medical condition
varies in frequency, intensity and duration and renders the person unable to
engage in major life activities when onset.
(11) “Financial assistance” means reimbursement by the
Department of the eligible percentage of the cost paid by a participant for
attendant care services or ongoing additional supports.
(12) “Fiscal payment schedule” means the list of 12 1-month
periods, established annually by the Program Director, in which Attendant Care
Program benefits are provided, and participants are required to submit
certification of service forms and receipts for reimbursement processing.
(13) “Home visit” means a visit by the Program Director or
designee to the home of the Program participant.
(14) “Ongoing additional supports” means a continual support
that increases an eligible individual’s independent performance of an essential
activity of daily living, self-care, or mobility, and is requested by a
Participant and approved by the Department.
(15) “Participant” means an eligible and enrolled individual in
the Program.
(16) “Permanent physical disability” means a medical condition
that substantially affects an individual's ability to perform physical
activities such as walking, standing, transferring, seeing, or hearing.
(17) “Program” means the Attendant Care Program.
(18) “Program Director” means the individual designated by the
Secretary to oversee the day-to-day operations of the Program.
(19) “Review of financial or programmatic eligibility” means
initiating verification that the participant remains eligible within 1 calendar
year since the completion of the most recent review or more frequently if
requested by the Department or the individual.
(20) “Severe chronic disability” means a recurring medical
condition that substantially limits an individual's mobility or ability to
perform activities of daily living, instrumental activities of daily living, or
self-care:
(a) Permanently; or
(b) On an ongoing basis or episodically, as defined by Regulation
.02B(10) of this chapter.
(21) “Sliding reimbursement scale” means the percentage
breakdown of maximum financial assistance afforded to a Program participant
based upon adjusted gross income and household size.
(22) “Standard assessment of functional capability” means the
document designated by the Department to evaluate an applicant's:
(a) Ability to perform essential activities of daily living and
self-care;
(b) Mobility;
(c) Need for assistance with instrumental activities of daily
living; and
(d) Need for attendant care services or ongoing additional
supports.
(23) “Receipts” means proof of payment made for an approved
service designated by the Department.
.03 Eligibility.
A. To be eligible for the Program, an applicant:
(1) Shall be a resident of Maryland;
(2) Shall be at least 18 years old and younger than 65 years old
at the time of initial enrollment in the Program;
(3) Shall be determined by the applicant's attending physician,
registered nurse, or certified nurse practitioner to have a severe chronic or
permanent physical disability that:
(a) Precludes or impairs the independent performance of
essential activities of daily living, instrumental activities of daily living,
self-care, or mobility as determined by the standard assessment of functional
capability form; and
(b) Is subject to eligibility review at a frequency determined
by the Department;
(4) May not have an annual adjusted gross income greater than
$119,999;
(5) May not be receiving duplicative services as defined in Regulation
.02B of this chapter;
(6) Shall meet the requirements of Regulation .04B(1) or (2) of
this chapter; and
(7) Shall agree to abide by the Program requirements by signing
an attendant care agreement form at the time of initial enrollment and at the
request of the Program Director if any circumstances change for the individual
or the Program.
B. The Program Director, or designee, shall initiate an annual
review of financial or programmatic eligibility for each participant at least
once every 12 months from completion of the last review, or more frequently if
needed.
C. Participation in the Program may be denied to eligible
applicants in accordance with Regulation .04 of this chapter.
.04 Limitations on Service and Participation in the Program.
A. The Program Director shall limit Program participation to the
number of participants whom the Program's budget can serve. If sufficient funds
are not available, the Department may limit the rate of payment under the
sliding reimbursement scale.
B. The Program Director shall limit Program participation to
achieve the following demographic:
(1) At least 50 percent of the participants shall be:
(a) Self-employed or competitively employed with compensation;
(b) Actively seeking employment and reasonably be expected to
become employed within 6 months of the date of application approval, which the
Program Director may extend once for an additional 6 months; or
(c) Attending an institution of postsecondary, higher education,
or apprenticeship training program; and
(2) Not more than 50 percent of the participants shall be:
(a) At risk of placement in a nursing home, as certified by the
attending physician, if attendant care services are not received in the
community; or
(b) Residents of a nursing facility or similar institution who
are seeking to transition into the community and will be capable of living in
the community if attendant care services are received.
C. The Program Director shall seek to achieve the demographic in
§B absent a limited or situational waiver from the Secretary.
D. Notwithstanding the above, an applicant found ineligible or
properly disenrolled from the Program shall be required to observe a waiting
period prior to reapplication of not less than:
(1) One year for reason of disability or financial eligibility;
or
(2) Three years upon a finding of fraud or misuse of program
funds.
E. Applicants to the Program shall be encouraged to complete an
application for medical assistance and utilize personal care services under the
following programs, if applicable:
(1) Examples of such services or programs include:
(a) Community Personal Assistance Services;
(b) Community First Choice Program; or
(c) A Home and Community-Based Waiver.
(2) The Program is entitled to evaluate whether such services
are duplicative.
.05 Application Process.
A. An applicant shall apply for financial assistance by
submitting a completed and signed Program application, to include the standard
assessment of functional capability, to the Department.
B. The Program Director or designee shall determine an
applicant's eligibility in accordance with Regulation .03 of this chapter and
the regulations governing this Program as a whole.
.06 Priority for Approval of Applications.
A. The Program Director shall approve applications and enroll
eligible applicants for financial assistance based upon the availability of
Program funds.
B. Waiting List.
(1) The Program Director shall establish a waiting list of
eligible applicants if:
(a) Program funds are not available; or
(b) The demographics of the Program do not meet the requirements
under Regulation .04B of this chapter.
(2) As funds allow, the Program shall enroll applicants on the
waiting list generally in the following order:
(a) Individuals meeting the criteria under Regulation .04B(1) of
this chapter in order of the earlier application approval date; and
(b) Individuals meeting the criteria under Regulation .04B(2) of
this chapter in order of the earlier application approval date.
(3) With the explicit written consent of the Secretary, and
after obtaining a waiver of the proportionality requirement set forth in Regulation
.04B(1) of this chapter as necessary, in limited emergency circumstances, the
Program Director may prioritize certain individuals meeting the criteria under Regulation
.04B(2)(a) of this chapter before other individuals meeting the criteria under
.04B(2)(a) of this chapter.
.07 Payment.
A. A participant shall submit a signed certification of service
form and receipts for attendant care services or ongoing additional supports in
accordance with the Program's fiscal payment schedule.
B. Reimbursement shall be made in compliance with the attendant
care agreement and Regulation .04A of this chapter.
C. The Department may return improperly completed forms to the
participant without making payment.
D. The Department may return the certification of service form
to the participant without making payment if more than 2 months have passed
since the date of service.
E. The Department reserves the right to deny reimbursement of
expenses that it determines are not representative of ongoing additional
supports or attendant care services.
.08 Participant's Responsibilities.
A. A participant shall:
(1) Select, hire, train, supervise, terminate, and pay the
attendant, including payment of applicable federal and State employment taxes;
(2) Maintain accurate records of hours and days that attendant
care services are provided;
(3) Prepare and submit all billing forms in accordance with the
Fiscal Payment Schedule;
(4) Reimburse the Department for any overpayment;
(5) Reimburse the Department for any outstanding advanced
payment;
(6) Submit all required documentation to determine continued
eligibility for participation in the Program at least once every 12 months, or
more often as requested by the Program Director; and
(7) Comply with the attendant care agreement requirements, and
provide a signed copy to the Department at the initial eligibility
determination and at the request of the Department at any time thereafter.
B. A participant shall employ an attendant who is 18 years old
or older, and who is not a spouse or the representative payee of the
participant.
C. A participant shall notify the Program Director within 14
days of any changes in circumstances that affect eligibility for the Program
for financial assistance.
.09 Participant's Rights.
Pursuant to Human Services Article, §1-201, Annotated Code of
Maryland, the Program may not release information about a participant or an
applicant.
.10 Quality Assurance Plan.
A. The Department shall establish a quality assurance plan to
review Program administration and ensure compliance with this chapter.
B. Home visits may be conducted as a part of the quality
assurance plan.
.11 Termination.
The Secretary of the Department or a designee of the Secretary
may terminate enrollment if:
A. A participant no longer meets the eligibility requirements;
B. A participant refuses to comply with the requirements of this
chapter; or
C. Sufficient Program funds are not available.
.12 Financial Assistance.
A. The Program Director shall establish a sliding reimbursement
scale to determine a participant's reimbursement rate.
B. The participant's reimbursement rate shall be based on:
(1) The participant's adjusted annual gross income;
(2) The number of persons dependent on household income
including the participant's spouse, and minors younger than 18 years old; and
(3) The participant's cost of attendant care services.
C. A participant eligible in the category set forth in Regulation
.04B(1) of this chapter shall pay a minimum of 2 percent of the cost of
attendant care services, unless the Program Director determines that the
minimum copayment causes the participant financial hardship and issues a
written waiver of the copayment.
D. A participant eligible in the category set forth in Regulation
.04B(2) of this chapter shall pay a minimum of 5 percent of the cost of
attendant care services, unless the Program Director determines that the
minimum copayment causes the participant financial hardship and issues a
written waiver of the copayment.
.13 Appeals.
A. An applicant or participant may appeal eligibility and
termination determinations by requesting an appeal hearing which shall be held
in accordance with COMAR 28.02.01.
B. If the Program notifies an applicant or participant of an
action to deny, delay, suspend, reduce, or terminate assistance, the Program
Director or designee shall give written notification of the right to appeal and
the procedures for requesting an appeal hearing to the applicant or
participant.
CAROL A. BEATTY
Secretary
Special Documents
COMPTROLLER OF THE TREASURY
Notice of Interest
Rate on Refunds and Moneys
Owed to the State
Agency/Department Sort Name:
Comptroller of Maryland
Subject:
Notice of Interest Rate on Refunds and Moneys Owed to the State
Add’l. Info: Pursuant
to Section 13-604 of the Tax-General Article, Annotated Code of Maryland, the
Comptroller is required to set the annual interest rate on refunds and moneys
owed to the State. For the 2027 calendar year, the annual interest rate on
refunds and moneys owed to the State will be 9.995%.
Contact:
Erica Roach (410) 260-7147
[26-18-14]
DEPARTMENT OF THE ENVIRONMENT
SUSQUEHANNA RIVER BASIN
COMMISSION
Grandfathering Registration Notice
AGENCY:
Susquehanna River Basin Commission
ACTION:
Notice
SUMMARY: This
notice lists Grandfathering Registration for projects by the Susquehanna River
Basin Commission during the period set forth in DATES.
DATES: July
1—31, 2026
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: (717)
238-0423, ext. 1312; fax: (717)
238-2436; e-mail: [email protected].
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY
INFORMATION: This notice lists GF Registration for
projects, described below, pursuant to 18 CFR Part 806, Subpart E, for the time
period specified above:
1. Susquehanna Area
Regional Airport Authority – Harrisburg International Airport – Public Water
Supply System, GF Certificate No. GF-202607317, Lower Swatara Township and
Middletown Borough, Dauphin County, Pa.; Issue Date: July 22, 2026.
Authority: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
JASON E. OYLER
General Counsel and Secretary to the Commission
Dated: August 7, 2026
[26-18-07]
General Permit Notice
AGENCY:
Susquehanna River Basin Commission
ACTION: Notice
SUMMARY: This
notice lists General Permits approved by the Susquehanna River Basin Commission
during the period set forth in DATES.
DATES: July 1—31,
2026
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: (717) 238-0423, ext. 1312; fax (717) 238-2436;
e-mail: [email protected].
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY
INFORMATION: This notice lists General Permits for
projects, described below, pursuant to 18 CFR § 806.17(c)(4), for the time
period specified above.
1. Pennsylvania Department of
Environmental Protection – Bureau of Abandoned Mine Reclamation; Locust Gap
Refuse Bank Fire, General Permit Approval of Coverage No. GP-02-202607023,
Mount Carmel Township and Butler Township, Northumberland and Schuylkill County,
Pa.; Extinguish a Mine Fire; approved withdrawals and consumptive use up to
0.720 mgd (30-day average) from Admiral Breaker Water Well, Girardville Breaker
Water Well, and Commissioner’s Lake Mine Pit; Approval Date: July 21, 2026.
Authority: Public Law 91-575, 84 Stat. 1509 et seq.,
18 CFR parts 806 and 808.
JASON E. OYLER
General Counsel and Secretary to the Commission
Dated: August 7, 2026
[26-18-08]
Projects Approved for Consumptive Uses of Water
AGENCY:
Susquehanna River Basin Commission
ACTION: Notice
SUMMARY: This
notice lists Approvals by Rule for projects by the Susquehanna River Basin
Commission during the period set forth in DATES.
DATES:
July 1—31, 2026
ADDRESSES:
Susquehanna River Basin Commission, 4423 North Front Street, Harrisburg,
PA 17110-1788.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: (717)
238-0423, ext. 1312; fax: (717)
238-2436; e-mail: [email protected].
Regular mail inquiries may be sent to the above address.
SUPPLEMENTARY INFORMATION: This
notice lists the projects, described below, receiving approval for the
consumptive use of water pursuant to the Commission’s approval by rule process
set forth in 18 CFR §806.22 ( f ) for the time period specified above.
Approvals by
Rule - Issued Under 18 CFR 806.22(f):
1. Beech Resources, LLC; Pad ID: Foxtrot East
Well Site; ABR-202606004; Anthony Township, Lycoming County, Pa.; Consumptive
Use of Up to 4.0000 mgd; Approval Date: July 16, 2026.
2. RENEWAL - Seneca Resources Company,
LLC; Pad ID: D17-PPHC-B; ABR-201103023.R3; Lawrence Township, Clearfield
County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July 16, 2026.
3. RENEWAL - BKV Operating, LLC; Pad
ID: Johnston 1 Pad; ABR-201106009.R3; Meshoppen Township, Wyoming County, Pa.;
Consumptive Use of Up to 5.0000 mgd; Approval Date: July 21, 2026.
4. RENEWAL - Expand Operating LLC; Pad
ID: Belawske; ABR-201107002.R3; Burlington Borough, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 21, 2026.
5. RENEWAL - Expand Operating LLC; Pad
ID: Mitchell Well Pad; ABR-201105026.R3; Franklin Township, Susquehanna County,
Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 21, 2026.
6. RENEWAL - Range Resources -
Appalachia, LLC; Pad ID: Null, Eugene Unit #2H - #7H Drilling Pad;
ABR-201104011.R3; Lewis Township, Lycoming County, Pa.; Consumptive Use of Up
to 4.0000 mgd; Approval Date: July 21, 2026.
7. RENEWAL - Range Resources -
Appalachia, LLC; Pad ID: Shipman, James Unit #1H & #2H Drilling Pad;
ABR-201104014.R3; Lewis Township, Lycoming County, Pa.; Consumptive Use of Up
to 4.0000 mgd; Approval Date: July 21, 2026.
8. RENEWAL - Seneca Resources Company,
LLC; Pad ID: Drake 274; ABR-201106003.R3; Lawrence Township, Tioga County, Pa.;
Consumptive Use of Up to 4.0000 mgd; Approval Date: July 22, 2026.
9. RENEWAL - Seneca Resources Company,
LLC; Pad ID: Gamble Pad R; ABR-201606001.R2; Eldred Township, Lycoming County,
Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July 22, 2026.
10. RENEWAL - BKV Operating, LLC; Pad
ID: Giangrieco Pad; ABR-201107011.R3; Forest Lake Township, Susquehanna County,
Pa.; Consumptive Use of Up to 5.0000 mgd; Approval Date: July 27, 2026.
11. RENEWAL - Clean Energy Exploration
& Production, LLC; Pad ID: Whispering Pines Pad 1; ABR-201606004.R2; Delmar
Township, Tioga County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval
Date: July 27, 2026.
12. RENEWAL - EQT ARO LLC; Pad ID: Salt
Run Pad A Ext; ABR-202107001.R1; Cascade Township, Lycoming County, Pa.;
Consumptive Use of Up to 4.0000 mgd; Approval Date: July 27, 2026.
13. RENEWAL - Expand Operating LLC; Pad
ID: Lambs Farm; ABR-201106023.R3; Smithfield Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 27, 2026.
14. RENEWAL - LPR Energy, LLC ; Pad ID:
Snow Shoe 2; ABR-201011007.R3; Snow Shoe Township, Centre County, Pa.;
Consumptive Use of Up to 4.0000 mgd; Approval Date: July 27, 2026.
15. RENEWAL - LPR Energy, LLC ; Pad ID:
Snow Shoe 4; ABR-201011042.R3; Snow Shoe Township, Centre County, Pa.;
Consumptive Use of Up to 4.0000 mgd; Approval Date: July 27, 2026.
16. RENEWAL - Range Resources -
Appalachia, LLC; Pad ID: Mohawk South Unit Well Pad; ABR-201606002.R2;
Gallagher Township, Clinton County, Pa.; Consumptive Use of Up to 4.0000 mgd;
Approval Date: July 27, 2026.
17. RENEWAL - Range Resources -
Appalachia, LLC; Pad ID: Shipman-Goodwill Unit #1H - #4H Drilling Pad;
ABR-201104016.R3; Lewis Township, Lycoming County, Pa.; Consumptive Use of Up
to 4.0000 mgd; Approval Date: July 27, 2026.
18. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: ALDERSON (05 011) V; ABR-201104008.R3; Pike Township, Bradford
County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: July 27, 2026.
19. RENEWAL - Repsol Oil & Gas USA,
LLC; Pad ID: DORN (02 180) A; ABR-201604003.R2; Hamilton Township, Tioga
County, Pa.; Consumptive Use of Up to 6.0000 mgd; Approval Date: July 27, 2026.
20. RENEWAL - Seneca Resources Company,
LLC; Pad ID: Yourgalite 1119; ABR-201012056.R3; Farmington Township, Tioga
County, Pa.; Consumptive Use of Up to 4.0000 mgd; Approval Date: July 27, 2026.
21. RENEWAL - Expand Operating LLC; Pad
ID: ACW; ABR-201107004.R3; Leroy Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
22. RENEWAL - Expand Operating LLC; Pad
ID: Burns; ABR-201107038.R3; Ulster Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
23. RENEWAL - Expand Operating LLC; Pad
ID: Fisher; ABR-201107047.R3; Wysox Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
24. RENEWAL - Expand Operating LLC; Pad
ID: IH; ABR-201106014.R3; Stevens Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
25. RENEWAL - Expand Operating LLC; Pad
ID: J & J; ABR-201106015.R3; Smithfield Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
26. RENEWAL - Expand Operating LLC; Pad
ID: Knickerbocker; ABR-201106013.R3; Franklin Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
27. RENEWAL - Expand Operating LLC; Pad
ID: Layton; ABR-201107036.R3; Litchfield Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
28. RENEWAL - Expand Operating LLC; Pad
ID: Mel; ABR-201106012.R3; Franklin Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
29. RENEWAL - Expand Operating LLC; Pad
ID: Neal; ABR-201106010.R3; Leroy Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
30. RENEWAL - Expand Operating LLC; Pad
ID: Nichols; ABR-201106024.R3; Smithfield Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
31. RENEWAL - Expand Operating LLC; Pad
ID: Oilcan; ABR-201107037.R3; Overton Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
32. RENEWAL - Expand Operating LLC; Pad
ID: Paul; ABR-201107048.R3; Ulster Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
33. RENEWAL - Expand Operating LLC; Pad
ID: Ramblinrose; ABR-201105003.R3; Tuscarora Township, Bradford County, Pa.;
Consumptive Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
34. RENEWAL - Expand Operating LLC; Pad
ID: Sadecki Well Pad; ABR-201105020.R3; Liberty Township, Susquehanna County,
Pa.; Consumptive Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
35. RENEWAL - Expand Operating LLC; Pad
ID: SJW; ABR-201107003.R3; Wilmot Township, Bradford County, Pa.; Consumptive
Use of Up to 7.5000 mgd; Approval Date: July 31, 2026.
Authority: Public Law 91-575, 84 Stat. 1509 et seq., 18 CFR parts 806 and 808.
JASON E. OYLER
General Counsel and Secretary to the Commission
Dated: August 7, 2026
[26-18-09]
Commission Meeting
AGENCY:
Susquehanna River Basin Commission
ACTION:
Notice
SUMMARY:
The Susquehanna River Basin Commission will conduct its regular business
meeting on September 16, 2026 in Bloomsburg, Pennsylvania. Details concerning the matters to be addressed
at the business meeting are contained in the Supplementary Information section
of this notice. Also, the Commission published a document in the Federal
Register July 1, 2026 concerning its public hearing on July 30th, in
Harrisburg, Pennsylvania.
DATES: The
meeting will be held on Tuesday, September 16, 2026 at 9:00 a.m.
ADDRESSES: This
public meeting will be conducted in person and digitally from the Holiday Inn
Express Bloomsburg at 14 Mitchell Drive, Bloomsburg, Pennsylvania 17815.
FOR FURTHER
INFORMATION CONTACT: Jason E. Oyler, General Counsel and Secretary
to the Commission, telephone: 717-238-0423; fax: 717-238-2436.
SUPPLEMENTARY
INFORMATION: The business meeting will include actions or
presentations on the following items:
1) Adoption of the
preliminary FY2028 budget;
2) Adoption of the
member jurisdiction allocation requests for FY2028;
3) Adoption of the
Sustainable Water Resources Fund Policy;
4) Approval of
contract and grants; and
5) 25 actions on 15
regulatory program projects.
This agenda is complete at the time of issuance, but other items may be
added, and some stricken without further notice. The listing of an item on the
agenda does not necessarily mean that the Commission will take final action on
it at this meeting. When the Commission does take final action, notice of these
actions will be published in the Federal Register after the meeting. Any
actions specific to projects will also be provided in writing directly to
project sponsors.
The
meeting will be conducted both in person and digitally at the Holiday Inn
Express Bloomsburg, 14 Mitchell Drive, Bloomsburg, Pennsylvania. The public is invited to attend the
Commission’s business meeting. The public may access the Business Meeting remotely via TEAMS: https://teams.microsoft.com/meet/25895460383427?p=EckuhuiyUjqBvT3JdV; Meeting ID: 258 954 603 834 27; Passcode:
Ng9gP76V or via telephone: #1-929-777-2488, Phone Conf ID: 261 971 438#.
A
public hearing and written comment period was provided for the actions on the
15 projects and the comment period on those proposed actions is closed. Written comments pertaining to all other
items on the agenda at the business meeting may be mailed to the Susquehanna
River Basin Commission, 4423 North Front Street, Harrisburg, Pennsylvania
17110-1788, or submitted electronically at the link Business Meeting Comments. Comments are due
to the Commission for all items on the business meeting agenda on or before
September 14, 2026. Comments will not be accepted at the business meeting
noticed herein. Authority: Pub.
L. 91-575, 84 Stat. 1509 et seq., 18 CFR Parts 801, 806, and 808.
JASON E. OYLER
General Counsel and Secretary to the Commission
Dated: August 13,
2026
[26-18-12]
WATER AND SCIENCE
ADMINISTRATION
Water Quality Certification 26-WQC-0015
Matthew Miller and Elizabeth Wehrle
410 Windy Hill Farm Ln,
Centreville, MD 21617
Add’l. Info: Pursuant to COMAR 26.08.02.10F(1)(d), The
Maryland Department of the Environment is providing notice of a scheduled
Public Hearing for Water Quality Certification 26-WQC-0015.
Location: 410 Windy Hill Farm Lane, Centreville, MD
21617
The purpose of the
project is beach nourishment and shoreline stabilization:
Description of
Authorized Work:
1.
Remove an existing 302-foot long
timber bulkhead;
2.
Construct three vegetated low
profile headland breakwaters;
a. Headland A: 74-foot long by 106-foot wide;
b. Headland B: 69-foot long by 110-foot wide;
c. Headland C: 81-foot long by 40-foot wide;
3.
Nourish 2,445 square feet of beach;
4.
Emplace eight anchor trees and;
5.
Create 5,250 square feet of low
marsh and 5,819 square feet of high marsh, all within a maximum of 80 feet
channelward of the mean high water line.
The WQC and its
attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final
Decision: This Water Quality
Certification is a final agency decision. Any person aggrieved by the
Department’s decision to issue this WQC may appeal such decision in accordance
with COMAR 26.08.02.10F(4). A request for appeal shall be filed with the
Department within 30 days of publication of the final decision and specify in
writing the reason why the final decision should be reconsidered. A request for
appeal shall be submitted to: Secretary of the Environment, Maryland Department
of the Environment, 1800 Washington Boulevard, Baltimore, MD 21230. Any request
for an appeal does not stay the effectiveness of this WQC.
Contact: Matt Godbey
at [email protected] or 410-901-4033.
[26-18-22]
Water Quality Certification 26-WQC-0023
The U.S. Army
Corps of Engineers (USACE)
Baltimore District
2 Hopkins Plaza
Baltimore, MD
21201
Add’l. Info: Pursuant to COMAR 26.08.02.10F(3)(c), The
Maryland Department of the Environment (MDE) is providing notice of its
issuance of Water Quality Certification 26-WQC-0023.
Location: Upper reaches of the Wicomico River Federal
Navigation Channel, between the community of Whitehaven and the City of
Salisbury (Wicomico and Somerset Counties, Maryland)
The purpose of the
project is to maintain the Wicomico River Channel to its authorized dimensions.
Description of Authorized Work:
1. Hydraulic dredging of up to 400,000 cubic yards of mud, silt
sand, shell, and gravel from the upper Wicomico River Channel to its authorized
dimensions of 14 feet mean lower low water (MLLW), plus up to one foot of
allowable overdepth. The area to be dredged is between the community of
Whitehaven and the City of Salisbury.
2. The dredged material will be transported via pipeline approximately
0.8 miles south of the channel to the existing Sharps Point upland placement
site, operated by the Wicomico County Government. No dredged material will be
placed in the aquatic environment.
Dredging will occur between October 2026 and February 2027, to ensure
dredging activities avoid impacts to migratory fish during the spring spawning
period.
The WQC and its
attachments may be viewed at the following link:
https://mde.maryland.gov/programs/Water/WetlandsandWaterways/Pages/WQC.aspx
Appeal of Final
Decision. This Water Quality Certification is a final agency decision. Any
person aggrieved by the Department’s decision to issue this WQC may appeal such
decision in accordance with COMAR 26.08.02.10F(4). A request for appeal shall
be filed with the Department within 30 days of this publication of the final
decision and specify in writing the reason why the final decision should be
reconsidered. A request for appeal shall be submitted to: Secretary of the
Environment, Maryland Department of the Environment, 1800 Washington Boulevard,
Baltimore, MD 21230. Any request for an appeal does not stay the effectiveness
of this WQC.
Contact: Alex Vazquez
at [email protected] or 410-537-3541.
[26-18-23]
DEPARTMENT OF NATURAL
RESOURCES
FISHING AND BOATING SERVICES
Closure of Chester River Oyster Harvest Areas —
Effective 10/1/2026—Public Notice
WHAT THIS NOTICE
DOES
The Secretary of the
Maryland Department of Natural Resources announces that the portion of the
Chester River described below is closed to all oyster harvest. This notice
supersedes all previous notices regarding oyster harvest in the Chester River prior
to October 1, 2026.
CLOSED AREA
The area that is
closed is all of the waters of the Chester River east of a line defined by a
point on the shore of Long Point defined by Lat. 38°58.798' N, Long. 76°13.825'
W; then running 8° True to Panhandle Point on the west side of Eastern Neck
Island defined by Lat. 39°0.936' N, Long. 76°13.444' W; and north of a line
defined by a point on shore defined by Lat. 38°58.798' N, and Long. 76°13.826'
W; then running 271° True to a point defined by Lat. 38°58.808' N, and Long.
76°14.642' W, including all creeks and coves.
PURPOSE OF THIS
ACTION
The closure of the
majority of the Chester River is necessary due to the results of the oyster
stock assessment, which showed continued low oyster abundance.
WHO THIS NOTICE
AFFECTS
This closure applies
to all individuals who catch oysters recreationally or commercially.
EFFECTIVE DATE
This notice is
effective at 12:01 a.m. October 1, 2026. The area is closed until further
notice. A new notice will be issued if the area or any previously planted
portion of the area is opened to harvest.
AUTHORITY
Code of Maryland
Regulations 08.02.04.11G
FOR FURTHER
INFORMATION CONTACT:
Fishing and Boating
Services at 410-260-8302
JOSH KURTZ
Secretary of Natural Resources
[26-18-15]
Closure of
Evans Oyster Bar (Somerset County) to Oyster Harvest — Effective 10/1/2026—Public
Notice
WHAT THIS NOTICE DOES
The Secretary of the
Maryland Department of Natural Resources announces that Evans oyster bar
(Somerset County) described below is closed to all oyster harvest during the
times described.
AREA CLOSED
All of the waters of
Wicomico River (Somerset County) enclosed by a line beginning at a point
defined by Lat. 38°12.347' N, Long. 75°54.217' W; then running 315° True to Red
Nun "2" defined by Lat. 38°12.713' N, Long. 75°54.688' W; then
running 79° True to Red Nun "4" defined by Lat. 38°12.824' N, Long
75°53.949' W; then running 94° True to Green Can "5" at approx. Lat.
38°12.799' N, Long. 75°53.096' W; then running 227° True to a point defined by
Lat. 38°12.401' N, Long. 75°53.608' W; then running 264° True to the point of
beginning.
DATES CLOSED
This area is closed from October 1, 2026
through and including November 1, 2026 and January 1, 2027 through and
including March 31, 2027.
HARVEST RULES
When this area is not
closed, harvesters must follow the rules established
by the public notices effective July 4, 2026 titled “2026-2027 Commercial Oyster
Rules — Effective 7/4/2026”
and “2026-2027 Recreational Oyster
Rules — Effective 7/4/2026.”
PURPOSE OF THIS CLOSURE
The purpose of this
closure is to manage the oyster resource on Evans bar and reduce harvest
pressure across the full oyster season. This management action and the targeted
opening was requested by the Somerset County Oyster Committee to reduce harvest
pressure and intentionally allow harvest only during the peak demand period of
November and December.
WHO THIS NOTICE AFFECTS
This closure applies
to all individuals who catch oysters recreationally or commercially.
EFFECTIVE DATE
This notice is
effective at 12:01 a.m. October 1, 2026.
AUTHORITY
Code of Maryland
Regulations 08.02.04.11G
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating
Services at 410-260-8302
JOSH KURTZ
Secretary of Natural Resources
[26-18-17]
Closure of
Flood Point Oyster Bar (Queen Anne’s County) to Oyster Harvest — Effective
10/1/2026—Public Notice
WHAT THIS NOTICE DOES
The Secretary of the
Maryland Department of Natural Resources announces that Flood Point oyster bar
(Queen Anne’s County) described below is closed to all oyster harvest during
the times described.
AREA CLOSED — PORTION OF FLOOD POINT OYSTER
BAR
The area that is
closed is all of the waters contained by a line starting at or near Lat. 38°
58.607' N, Long. 76° 14.745' W; then running 344° True to a point at or near
Lat. 38° 58.731' N, Long. 76° 14.792' W; then running 62° True to a point at or
near Lat. 38° 58.776' N, Long. 76° 14.684' W; then running 129° True to a point
at the green #11 daymark at or near Lat. 38° 58.705' N, Long. 76° 14.572' W;
then running 195° True to a point at or near Lat. 38° 58.612' N, Long. 76°
14.604' W; then running 267° True to the point of beginning.
PURPOSE OF THIS CLOSURE
The purpose of this
closure is to manage the oyster resource on Flood Point oyster bar. This
management action was requested by the Queen Anne’s County Oyster Committee.
WHO THIS NOTICE AFFECTS
This closure applies
to all individuals who catch oysters recreationally or commercially.
EFFECTIVE DATE
This notice is
effective at 12:01 a.m. October 1, 2026.
AUTHORITY
Code of Maryland
Regulations 08.02.04.11G
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating
Services at 410-260-8302
JOSH KURTZ
Secretary of Natural Resources
[26-18-18]
Closure of
Howells Point Add 2 Oyster Bar (Talbot County) to Oyster Harvest — Effective
10/1/2026—Public Notice
WHAT THIS NOTICE DOES
The Secretary of the
Maryland Department of Natural Resources announces that the portion of Howells
Point Add 2 oyster bar (Talbot County) described below is closed to all oyster
harvest.
AREA CLOSED — HOWELLS POINT ADD 2 OYSTER BAR
The area that is
closed is all the waters of Choptank River enclosed by a line beginning at a
point defined by Lat. 38°37.040' N, and Long. 76°7.024' W; then running 8° True
to a point defined by Lat. 38°37.201' N, and Long. 76°6.996' W; then running
87° True to a point defined by Lat. 38°37.203' N, and Long. 76°6.943' W; then
running 180° True to a point defined by Lat. 38°37.034' N, and Long. 76°6.943'
W, then running 275° True to the point of beginning.
PURPOSE OF THIS CLOSURE
The purpose of this
closure is to protect a spat-on-shell planting on Howells Point Add 2 oyster
bar that will be used as part of a nutrient reduction crediting best management
practices (BMP) program when the area is opened to managed harvest in two to three
years. This management action was requested by the Talbot County Oyster
Committee.
WHO THIS NOTICE AFFECTS
This closure applies
to all individuals who catch oysters recreationally or commercially.
EFFECTIVE DATE
This notice is
effective at 12:01 a.m. October 1, 2026. The area is closed until further
notice. A new notice will be issued if the area or portion of the area is
opened to harvest.
AUTHORITY
Code of Maryland
Regulations 08.02.04.11G
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating
Services at 410-260-8302
JOSH KURTZ
Secretary of Natural Resources
[26-18-19]
Closure of Portions of Halls Point and
Haines Oyster Bars (Somerset County) to Oyster Harvest — Effective 10/1/2026—Public
Notice
WHAT
THIS NOTICE DOES
The
Secretary of the Maryland Department of Natural Resources announces that the
portions of Halls Point and Haines oyster bars in Tangier Sound (Somerset
County) described below are closed to all oyster harvest through and including
November 30, 2026.
AREA
CLOSED
All the
waters of Tangier Sound enclosed by a line beginning at a point defined by Lat.
38°10.051' N, and Long. 75°58.534' W; then running 9° True to a point defined
by Lat. 38°11.686' N, and Long. 75°58.206' W; then running 49° True to a point
defined by Lat. 38°12.412' N, and Long. 75°57.159' W; then running 92° True to
a point defined by Lat. 38°12.390' N, and Long. 75°56.495' W; then running 103°
True to a point defined by Lat. 38°12.362' N, and Long. 75°56.341' W; then
running 143° True to a point defined by Lat. 38°11.941' N, and Long. 75°55.943'
W; then running 242° True to a point defined by Lat. 38°11.438' N, and Long.
75°57.149' W; then running 205° True to a point defined by Lat. 38°10.140' N,
and Long. 75°57.944' W, then running 259° True to the point of beginning.
PURPOSE
OF THIS CLOSURE
This
closure is necessary due to concerns about small oysters in the specified area.
By delaying the opening of this area, smaller oysters will be given additional
time to reach market size. This closure was requested by the Somerset County
Oyster Committee.
WHO
THIS NOTICE AFFECTS
This
closure applies to all individuals who catch oysters recreationally or
commercially.
EFFECTIVE
DATE
The closure is
effective at 12:01 a.m. October 1, 2026. The area will reopen on December 1,
2026, with no further notice. Upon opening, harvesters must follow the rules
established by the public notices effective July 4, 2026 titled “2026-2027 Commercial Oyster
Rules — Effective 7/4/2026”
and “2026-2027 Recreational Oyster
Rules — Effective 7/4/2026.”
AUTHORITY
Code of
Maryland Regulations 08.02.04.11G
FOR
FURTHER INFORMATION CONTACT:
Fishing
and Boating Services at 410-260-8302
JOSH KURTZ
Secretary of Natural Resources
[26-18-20]
Closure of
Well Cove Oyster Bar (Queen Anne’s County) to Oyster Harvest — Effective
10/1/2026—Public Notice
WHAT THIS NOTICE DOES
The Secretary of the
Maryland Department of Natural Resources announces that the portion of Well
Cove oyster bar (Queen Anne’s County) described below is closed to all oyster
harvest.
AREA CLOSED — PORTION OF WELL COVE OYSTER BAR
The area that is
closed is all of the waters of the Eastern Bay enclosed by a line beginning at
a point defined by Lat. 38°57.634' N, Long. 76°14.404' W, then running 269°
True to a point defined by Lat. 38°57.633' N, Long. 76° 14.570' W, then running
339° True to a point defined by Lat. 38°57.802' N, Long. 76°14.651' W, then
running 89° True to a point defined by Lat. 38°57.804' N, Long. 76°14.501' W,
then running 156° True to the point of beginning.
PURPOSE OF THIS CLOSURE
The purpose of this
closure is to protect a spat-on-shell planting on Well Cove oyster bar. This
management action was requested by the Queen Anne’s County Oyster Committee.
WHO THIS NOTICE AFFECTS
This closure applies
to all individuals who catch oysters recreationally or commercially.
EFFECTIVE DATE
This notice is
effective at 12:01 a.m. October 1, 2026. The area is closed until further
notice. A new notice will be issued if the area or portion of the area is
opened to harvest.
AUTHORITY
Code of Maryland
Regulations 08.02.04.11G
FOR FURTHER INFORMATION CONTACT:
Fishing and Boating
Services at 410-260-8302
JOSH KURTZ
Secretary of Natural Resources
[26-18-21]
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
