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Contents 1

IN THIS ISSUE

Judiciary

Regulations

Errata

General Notices

Volume 38 • Issue 27 • Pages 1753—1792

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be published, and filed on or before December 12, 2011, 5 p.m. Pursuant to State Government Article, §7-206, Annotated Code of Maryland, I hereby certify that this issue contains all documents required to be codified as of December 12, 2011.

Brian Morris Acting Administrator, Division of State Documents

Office of the Secretary of State

Issue Date: December 30, 2011

Information About the Maryland Register and COMAR

MARYLAND REGISTER

The Maryland Register is an official State publication published

every other week throughout the year. A cumulative index is

published quarterly.

The Maryland Register is the temporary supplement to the Code of

Maryland Regulations. Any change to the text of regulations

published in COMAR, whether by adoption, amendment, repeal, or

emergency action, must first be published in the Register.

The following information is also published regularly in the

Register:

• Governor’s Executive Orders

• Attorney General’s Opinions in full text

• Open Meetings Compliance Board Opinions in full text

• State Ethics Commission Opinions in full text

• Court Rules

• District Court Administrative Memoranda

• Courts of Appeal Hearing Calendars

• Agency Hearing and Meeting Notices

• Synopses of Bills Introduced and Enacted by the General

Assembly

• Other documents considered to be in the public interest

CITATION TO THE MARYLAND REGISTER

The Maryland Register is cited by volume, issue, page number, and

date. Example:

• 19:8 Md. R. 815—817 (April 17, 1992) refers to Volume 19, Issue

8, pages 815—817 of the Maryland Register issued on April 17,

1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMAR is the official compilation of all regulations issued by

agencies of the State of Maryland. The Maryland Register is

COMAR’s temporary supplement, printing all changes to regulations

as soon as they occur. At least once annually, the changes to

regulations printed in the Maryland Register are incorporated into

COMAR by means of permanent supplements.

CITATION TO COMAR REGULATIONS

COMAR regulations are cited by title number, subtitle number,

chapter number, and regulation number. Example: COMAR

10.08.01.03 refers to Title 10, Subtitle 08, Chapter 01, Regulation 03.

DOCUMENTS INCORPORATED BY REFERENCE

Incorporation by reference is a legal device by which a document is

made part of COMAR simply by referring to it. While the text of an

incorporated document does not appear in COMAR, the provisions of

the incorporated document are as fully enforceable as any other

COMAR regulation. Each regulation that proposes to incorporate a

document is identified in the Maryland Register by an Editor’s Note.

The Cumulative Table of COMAR Regulations Adopted, Amended

or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorporated by reference are

available for inspection in various depository libraries located

throughout the State and at the Division of State Documents. These

depositories are listed in the first issue of the Maryland Register

published each year. For further information, call 410-974-2486.

HOW TO RESEARCH REGULATIONS

An Administrative History at the end of every COMAR chapter gives

information about past changes to regulations. To determine if there have

been any subsequent changes, check the ‘‘Cumulative Table of COMAR

Regulations Adopted, Amended, or Repealed’’ which is found online at

www.dsd.state.md.us/CumulativeIndex.pdf. This table lists the regulations

in numerical order, by their COMAR number, followed by the citation to

the Maryland Register in which the change occurred. The Maryland

Register serves as a temporary supplement to COMAR, and the two

publications must always be used together. A Research Guide for Maryland

Regulations is available. For further information, call 410-260-3876.

SUBSCRIPTION INFORMATION

For subscription forms for the Maryland Register and COMAR, see

the back pages of the Maryland Register. Single issues of the

Maryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

Maryland citizens and other interested persons may participate in

the process by which administrative regulations are adopted,

amended, or repealed, and may also initiate the process by which the

validity and applicability of regulations is determined. Listed below

are some of the ways in which citizens may participate (references

are to State Government Article (SG),

Annotated Code of Maryland):

• By submitting data or views on proposed regulations either orally

or in writing, to the proposing agency (see ‘‘Opportunity for Public

Comment’’ at the beginning of all regulations appearing in the

Proposed Action on Regulations section of the Maryland Register).

(See SG, §10-112)

• By petitioning an agency to adopt, amend, or repeal regulations.

The agency must respond to the petition. (See SG §10-123)

• By petitioning an agency to issue a declaratory ruling with respect

to how any regulation, order, or statute enforced by the agency

applies. (SG, Title 10, Subtitle 3)

• By petitioning the circuit court for a declaratory judgment

on the validity of a regulation when it appears that the regulation

interferes with or impairs the legal rights or privileges of the

petitioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the

Division of State Documents for publication in the Maryland

Register. (See SG, §7-213)

Maryland Register (ISSN 0360-2834). Postmaster: Send address changes and other mail to: Maryland Register, State House, Annapolis, Maryland

21401. Tel. 410-260-3876; Fax 410-280-5647. Published biweekly, with

cumulative indexes published quarterly, by the State of Maryland, Division of State Documents, State House, Annapolis, Maryland 21401. The subscription

rate for the Maryland Register is $225 per year (first class mail). All

subscriptions post-paid to points in the U.S. periodicals postage paid at Annapolis, Maryland and additional mailing offices.

Martin O’Malley, Governor; John P. McDonough, Secretary of State;

Brian Morris, Acting Administrator; Gail S. Klakring, Senior Editor; Mary

D. MacDonald, Editor, Maryland Register and COMAR; Elizabeth Ramsey,

Editor, COMAR Online, and Subscription Manager; Tami Cathell, Help

Desk, COMAR and Maryland Register Online. Front cover: State House, Annapolis, MD, built 1772—79.

Illustrations by Carolyn Anderson, Dept. of General Services

Note: All products purchased are for individual use only. Resale or other compensated transfer of the information in printed or electronic

form is a prohibited commercial purpose (see State Government Article, §7-206.2, Annotated Code of Maryland). By purchasing a product, the

buyer agrees that the purchase is for individual use only and will not sell the product to another individual or entity.

Contents 1755

MARYLAND REGISTER, VOLUME 38, ISSUE 27, FRIDAY, DECEMBER 30, 2011

Closing Dates for the Maryland Register Schedule of Closing Dates and Issue Dates for the

Maryland Register .................................................................. 1757

COMAR Research Aids Table of Pending Proposals ......................................................... 1758

Index of COMAR Titles Affected in This Issue COMAR Title Number and Name Page

07 Department of Human Resources ..................................... 1763

08 Department of Natural Resources ......................... 1763, 1766

09 Department of Labor, Licensing, and Regulation . 1762, 1770

10 Department of Health and Mental Hygiene .......... 1763, 1771

11 Department of Transportation ......................................... 1764

12 Department of Public Safety and Correctional Services ... 1764

13A State Board of Education ................................................. 1765

14 Independent Agencies ..................................................... 1781

20 Public Service Commission .............................................. 1782

26 Department of the Environment ............................ 1762, 1783

33 State Board of Elections .................................................. 1765

PERSONS WITH DISABILITIES Individuals with disabilities who desire assistance in using the

publications and services of the Division of State Documents are

encouraged to call (410) 974-2486, or (800) 633-9657, or FAX to

(410) 974-2546, or through Maryland Relay.

The Judiciary

COURT OF APPEALS OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................. 1761

Emergency Action on Regulations

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION RACING COMMISSION

General ......................................................................... 1762

26 DEPARTMENT OF THE ENVIRONMENT LEAD

Accreditation and Training for Lead Paint Abatement

Services ........................................................................ 1762

Reduction of Lead Risk in Housing ............................. 1762

Final Action on Regulations

07 DEPARTMENT OF HUMAN RESOURCES SOCIAL SERVICES ADMINISTRARION

Post-Adoption Reunion Services ................................. 1763 08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE Oysters ......................................................................... 1763 Shellfish — General ..................................................... 1763 Oysters ......................................................................... 1763 Shellfish Aquaculture and Leasing .............................. 1763

10 DEPARTMENT OF HEALTH AND MENTAL

HYGIENE HEALTH STATISTICS

Vital Records ............................................................... 1763

MARYLAND HEALTH CARE COMMISSION Electronic Health Record Incentives ........................... 1764

TISSUE BANKS Tissue Banks ............................................................... 1764

11 DEPARTMENT OF TRANSPORTATION MOTOR VEHICLE ADMINISTRATION — FINANCIAL

RESPONSIBILITY REQUIREMENTS Self-Insurers ................................................................ 1764

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES DIVISION OF CORRECTION

Inmate Discipline ........................................................ 1764 13A STATE BOARD OF EDUCATION

LOCAL SCHOOL ADMINISTRATION General Financial Aid to Local School Systems ......... 1765

STUDENTS General Regulations .................................................... 1765 Student Records ........................................................... 1765

GENERAL INSTRUCTIONAL PROGRAMS Test Administration and Data-Reporting Policies and

Procedures ................................................................... 1765 STUDENTS

General Regulations .................................................... 1765 33 STATE BOARD OF ELECTIONS

CAMPAIGN FINANCING Campaign Finance Report ........................................... 1765 Electronic Filing of Reports ........................................ 1765 Electronic Signature Requirements ............................. 1765 Campaign Accounts..................................................... 1765 Independent Expenditure Requirements ...................... 1765 Electioneering Communication Requirements ............ 1765

Proposed Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES FISHERIES SERVICE

Fishing Licenses — Point Assignment, License Revocation

and Suspension Schedule and Criteria, and Hearing

Procedure ..................................................................... 1766 09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION REAL ESTATE COMMISSION

Code of Ethics ............................................................. 1770 10 DEPARTMENT OF HEALTH AND MENTAL

HYGIENE MEDICAL CARE PROGRAMS

Family Planning Program Eligibility ........................... 1771 Family Planning Program ............................................ 1771

MARYLAND HEALTH CARE COMMISSION State Health Plan for Facilities and Services: Specialized

Health Care Services — Cardiac Surgery and Percutaneous

Coronary Intervention Services ................................... 1775 BOARD OF NURSING

Registered Nurse – Forensic Nurse Examiner ............. 1775 BOARD OF SOCIAL WORK EXAMINERS

Disciplinary Sanctions and Monetary Penalties ........... 1779 14 INDEPENDENT AGENCIES

WORKERS' COMPENSATION COMMISSION Procedural Regulations ................................................ 1781

20 PUBLIC SERVICE COMMISSION RENEWABLE ENERGY PORTFOLIO STANDARD

PROGRAM Certifiable Renewable Energy Facilities ..................... 1782

Contents 1756


26 DEPARTMENT OF THE ENVIRONMENT LEAD

Accreditation and Training for Lead Paint Abatement

Services........................................................................ 1783 Reduction of Lead Risk in Housing ............................. 1783 Procedures for Performing Lead Abatement Services . 1783

Errata

COMAR 08.04.09.01 ....................................................... 1786 COMAR 12.12.30 ............................................................ 1786

General Notices

BOARD OF ACUPUNCTURE Public Hearing on Regulations .................................... 1787

MARYLAND STATE ARTS COUNCIL Public Meeting ............................................................. 1787 Public Meeting ............................................................. 1787 Public Meeting ............................................................. 1787

CANAL PLACE PRESERVATION AND DEVELOPMENT

AUTHORITY Public Meeting ............................................................. 1787

ADVISORY COUNCIL ON CEMETERY OPERATIONS Public Meeting ............................................................. 1787

BOARD FOR THE CERTIFICATION OF RESIDENTIAL

CHILD CARE PROGRAM ADMINISTRATORS Public Meeting ............................................................. 1787

BOARD OF CHIROPRACTIC AND MASSAGE THERAPY

EXAMINERS Public Meeting ............................................................. 1787

COMPTROLLER OF THE TREASURY Announcement ............................................................. 1787

GOVERNOR'S OFFICE OF CRIME CONTROL AND

PREVENTION Public Meeting ............................................................. 1788 Public Meeting ............................................................. 1788 Public Meeting ............................................................. 1788

OFFICE OF PUBLIC DEFENDER Public Meeting ............................................................. 1788

BOARD OF DIETETIC PRACTICE Public Meeting ............................................................. 1788

MARYLAND STATE BOARD OF EDUCATION Public Meeting ............................................................. 1788

BOARD OF MASTER ELECTRICIANS Public Meeting ............................................................. 1788

BOARD FOR PROFESSIONAL ENGINEERS Public Meeting ............................................................. 1788

DEPARTMENT OF HEALTH AND MENTAL

HYGIENE/OFFICE OF HEALTH SERVICES Maryland Medicaid Rate Reduction ............................ 1788 Payment procedure for Freestanding Birth Centers ..... 1788

Payment procedure change for Family Planning

Clinics ....................................................................... 1789 Maryland Qualified Health Center Provider Type

Discontinued ................................................................ 1789 Payment procedure change for Local Health

Departments ................................................................. 1789 BOARD OF HEATING, VENTILATION, AIR-

CONDITIONING, AND REFRIGERATION

CONTRACTORS (HVACR) Public Meeting ............................................................. 1789

HOME IMPROVEMENT COMMISSION Public Meeting ............................................................. 1789

DEPARTMENT OF LABOR, LICENSING, AND

REGULATION/DIVISION OF LABOR AND

INDUSTRY/MARYLAND APPRENTICESHIP AND

TRAINING COUNCIL Public Meeting ............................................................ 1789

BOARD FOR PROFESSIONAL LAND SURVEYORS Public Meeting ............................................................ 1789

BOARD OF EXAMINERS OF LANDSCAPE

ARCHITECTS Public Meeting ............................................................ 1789

MARYLAND HEALTH CARE COMMISSION Public Meeting ............................................................ 1790

MARYLAND PUBLIC BROADCASTING COMMISSION Public Meeting ............................................................ 1790

GOVERNOR'S COMMISSION ON MARYLAND

MILITARY MONUMENTS Public Meeting ............................................................ 1790

BOARD OF OCCUPATIONAL THERAPY PRACTICE Public Meeting ............................................................ 1790

BOARD OF EXAMINERS IN OPTOMETRY Public Meeting ............................................................ 1790

BOARD OF PILOTS Public Meeting ............................................................ 1790

BOARD OF PLUMBING Public Meeting ............................................................ 1790

BOARD OF EXAMINERS OF PSYCHOLOGISTS Public Meeting ............................................................ 1790

STATE ADVISORY COUNCIL ON QUALITY CARE AT

THE END OF LIFE Public Meeting ............................................................ 1790

RACING COMMISSION Public Meeting ............................................................ 1790

RETIREMENT AND PENSION SYSTEM — BOARD OF

TRUSTEES Public Meeting ............................................................ 1790

BOARD OF SOCIAL WORK EXAMINERS Public Hearing ............................................................. 1790

STATE BOARD OF INDIVIDUAL TAX PREPARERS Public Meeting ............................................................ 1791

MARYLAND TRANSPORTATION AUTHORITY Public Meeting ............................................................ 1791

DEPARTMENT OF VETERANS AFFAIRS/MARYLAND

VETERANS COMMISSION Public Meeting ............................................................ 1791

BOARD OF WELL DRILLERS Public Meeting ............................................................ 1791

WORKERS' COMPENSATION COMMISSION Public Meeting ............................................................ 1791

COMAR Online The Code of Maryland Regulations is available at

www.dsd.state.md.us as a free service of the Office of the

Secretary of State, Division of State Documents. The full

text of regulations is available and searchable. Note,

however, that the printed COMAR continues to be the only

official and enforceable version of COMAR.

The Maryland Register is also available at

www.dsd.state.md.us.

For additional information, visit www.sos.state.md.us,

Division of State Documents, or call us at (410) 974-2486

or 1 (800) 633-9657.

http://www.dsd.state.md.us/

http://www.sos.state.md/

Contents 1757


Availability of Monthly List of

Maryland Documents The Maryland Department of Legislative Services

receives copies of all publications issued by State officers

and agencies. The Department prepares and distributes, for a

fee, a list of these publications under the title ‘‘Maryland

Documents’’. This list is published monthly, and contains

bibliographic information concerning regular and special

reports, bulletins, serials, periodicals, catalogues, and a

variety of other State publications. ‘‘Maryland Documents’’

also includes local publications.

Anyone wishing to receive ‘‘Maryland Documents’’

should write to: Legislative Sales, Maryland Department of

Legislative Services, 90 State Circle, Annapolis, MD 21401.

CLOSING DATES AND ISSUE DATES

through JULY 27, 2012

Issue

Date

Emergency

and Proposed

Regulations

5:00 p.m.*

Final

Regulations

10:30 a.m.

Notices, etc.

10:30 a.m.

January 13** December 23 January 4 December 30

January 27** January 9 January 18 January 13

February 10 January 23 February 1 January 30

February

24** February 6 February 14 February 13

March 9** February 17 February 29 February 27

March 23 March 5 March 14 March 12

April 6 March 19 March 28 March 26

April 20 April 2 April 11 April 9

May 4 April 16 April 25 April 23

May 18 April 30 May 9 May 7

June 1** May 14 May 21 May 18

June 15** May 24 June 6 June 4

June 29 June 11 June 20 June 18

July 13** June 25 July 3 July 2

July 27 July 9 July 18 July 16

* Due date for documents containing 8 to 18 pages — 48 hours

before date shown

** Due date for documents exceeding 18 pages — 1 week before

date shown

NOTE: ALL DOCUMENTS MUST BE SUBMITTED IN

TIMES NEW ROMAN, 9-POINT, SINGLE-SPACED

FORMAT. THE REVISED PAGE COUNT REFLECTS THIS

FORMATTING.

** Note closing date changes

The regular closing date for Proposals and Emergencies is

Monday.

1758


Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed

This table, previously printed in the Maryland Register lists the regulations, by COMAR title, that have been adopted, amended, or repealed in

the Maryland Register since the regulations were originally published or last supplemented in the Code of Maryland Regulations (COMAR).

The table is no longer printed here but may be found on the Division of State Documents website at www.dsd.state.md.us.

Table of Pending Proposals The table below lists proposed changes to COMAR regulations. The proposed changes are listed by their COMAR number, followed by a

citation to that issue of the Maryland Register in which the proposal appeared. Errata pertaining to proposed regulations are listed, followed by

“(err)”. Regulations referencing a document incorporated by reference are followed by “(ibr)”. None of the proposals listed in this table have

been adopted. A list of adopted proposals appears in the Cumulative Table of COMAR Regulations Adopted, Amended, or Repealed.

03 COMPTROLLER OF THE TREASURY

03.06.01.43 • 38:23 Md. R. 1425 (11-4-11)

03.06.01.44 • 38:13 Md. R. 758 (6-17-11)

05 DEPARTMENT OF HOUSING AND COMMUNITY

DEVELOPMENT

05.11.01.03,.08 • 38:26 Md. R. 1699 (12-16-11)

05.17.01.01—.13 • 38:21 Md. R. 1282 (10-7-11)

05.17.02.01—.07 • 38:21 Md. R. 1282 (10-7-11)

07 DEPARTMENT OF HUMAN RESOURCES

07.02.07.04—.07,.09,.14,.19—.21 • 38:25 Md. R. 1585 (12-

2-11)

07.02.10.01—.21 • 38:26 Md. R. 1700 (12-16-11)

07.02.11.02—.08,.11—.13,.15—.17,.25,.29,.30,.39 • 38:25

Md. R. 1587 (12-2-11)

07.02.25.01,.02,.04—.10,.12—.24 • 38:26 Md. R. 1706 (12-

16-11)

07.02.29.01—.14 • 38:25 Md. R. 1593 (12-2-11)

08 DEPARTMENT OF NATURAL RESOURCES

08.02.04.17 • 38:22 Md. R. 1349 (10-21-11)

08.02.08.02 • 38:23 Md. R. 1426 (11-4-11)

08.02.11.01 • 38:25 Md. R. 1598 (12-2-11)

08.02.13.02,.03,.05—.08 • 38:27 Md. R. 1766 (12-30-11)

08.02.19.02 • 38:25 Md. R. 1599 (12-2-11)

08.18.02.07 • 38:25 Md. R. 1599 (12-2-11)

08.18.21.03 • 38:25 Md. R. 1600 (12-2-11)

08.18.39.01 • 38:25 Md. R. 1600 (12-2-11)

09 DEPARTMENT OF LABOR, LICENSING, AND

REGULATION

09.03.12.01—12 • 38:21 Md. R. 1289 (10-7-11)

09.08.06.01,.02 • 38:26 Md. R. 1717 (12-16-11)

09.10.03.01,.04,.08 • 38:25 Md. R. 1600 (12-2-11)

09.10.04.25 • 38:25 Md. R. 1601 (12-2-11)

09.11.02.01,.02 • 38:27 Md. R. 1770 (12-30-11)

09.12.28.01—.07 •38:14 Md. R. 794 (7-1-11) (ibr)

09.12.31 • 38:25 Md. R. 1602 (12-2-11)

09.13.08.02—.15 • 38:26 Md. R. 1719 (12-16-11)

09.16.01.05,.06 • 38:15 Md. R. 901 (7-15-11)

09.20.04.01,.02 • 37:4 Md. R. 346 (2-12-10)

38:3 Md. R. 176 (1-28-11)

09.22.01.10,.11 • 38:15 Md. R. 901 (7-15-11)

09.23.04.03 • 38:21 Md. R. 1294 (10-7-11)

09.38.01.01,.02,.05 • 38:25 Md. R. 1603 (12-2-11)

09.38.02.01—.05 • 38:25 Md. R. 1605 (12-2-11)

10 DEPARTMENT OF HEALTH AND MENTAL

HYGIENE

Subtitles 01 — 08 (1st Volume)

10.01.04.01—.11 • 38:3 Md. R. 180 (1-28-11)

38:14 Md. R. 800 (7-1-11)

10.01.21.01—.07 • 38:20 Md. R. 1213 (9-23-11)

Subtitle 09 (2nd Volume)

10.09.04.01,.03 • 38:9 Md. R. 555 (4-22-11)

10.09.08.04 • 38:26 Md. R. 1722 (12-16-11)

PENDING PROPOSALS

1759


10.09.08.06—13 • 38:26 Md. R. 1723 (12-16-11)

10.09.12.03 • 38:25 Md. R. 1607 (12-2-11)

10.09.18.03 • 38:25 Md. R. 1607 (12-2-11)

10.09.24.13 • 38:3 Md. R. 180 (1-28-11)

38:14 Md. R. 800 (7-1-11)

10.09.37.01—.15 • 38:27 Md. R. 1771 (12-30-11)

10.09.58.01,.02,.04—.06,.10 • 38:27 Md. R. 1771

(12-30-11)

10.09.63.06 • 38:22 Md. R. 1354 (10-21-11)

10.09.65.02 • 38:22 Md. R. 1357 (10-21-11)

10.09.65.03,.13,.17,.18,.28 •38:22 Md. R. 1354 (10-21-11)

10.09.66.05,.06,.07 • 38:22 Md. R. 1354 (10-21-11)

10.09.67.04,.28 • 38:22 Md. R. 1354 (10-21-11)

Subtitles 10 — 22 (3rd Volume)

10.10.11.02—.05,.07—.16,.19,.23 • 38:23 Md. R. 1430 (11-

4-11) (ibr)

10.15.03.02,.14,.23,.27,.28,.33 • 38:23 Md. R. 1433 (11-4-

11)

10.15.04.02,.04,.05,.07—.09,.14,.16,.17,.19,.20,.22 • 38:26

Md. R. 1723 (12-16-11)

10.15.12.01—.03 • 38:26 Md. R. 1725 (12-16-11)

Subtitles 23 — 36 (4th Volume)

10.24.17.01 • 38:27 Md. R. 1775 (12-30-11) (ibr)

10.26.02.05 • 38:25 Md. R. 1608 (12-2-11)

10.26.04.01,.02,.10—.14 • 38:25 Md. R. 1609 (12-2-11)

10.27.21.01—.09 • 38:27 Md. R. 1775 (12-30-11)

10.32.06.01,.04 • 38:26 Md. R. 1726 (12-16-11)

10.32.08.01—.11 • 38:22 Md. R. 1360 (10-21-11)

10.33.01.12,.15—.17,.17-1,.18—.29 • 38:24 Md. R. 1505

(11-18-11)

10.34.23.07,.08 • 38:26 Md. R. 1726 (12-16-11)

10.34.25.01—.03 • 38:22 Md. R. 1365 (10-21-11)

10.34.28.01,.02,.04—.14 • 38:25 Md. R. 1611 (12-2-11)

10.34.32.03 • 38:23 Md. R. 1435 (11-4-11)

10.36.08.01—.06 • 38:24 Md. R. 1513 (11-18-11)

Subtitles 37—59 (5th Volume)

10.38.10 • 38:25 Md. R. 1671 (12-2-11) (err)

10.38.10.01—.07 • 38:23 Md. R. 1436 (11-4-11)

10.42.09.01—.06 • 38:27 Md. R. 1779 (12-30-11)

10.44.06.02 • 38:25 Md. R. 1615 (12-2-11)

10.44.07.02,.05—.34 • 38:26 Md. R. 1727 (12-16-11)

10.44.30.01—.05 •38:14 Md. R. 812 (7-1-11)

10.44.31.01—.06 • 38:22 Md. R. 1367 (10-21-11)

10.54.01.03,.04,.07 • 38:24 Md. R. 1515 (11-18-11)

10.54.02.09,.10,.14 • 38:24 Md. R. 1515 (11-18-11)

11 DEPARTMENT OF TRANSPORTATION

11.14.01.01,.03,.04,.06,.07,.10,.11,.14—.16 • 38:23 Md. R.

1440 (11-4-11)

11.14.02.01,.06,.12,.14,.17 • 38:23 Md. R. 1440 (11-4-11)

11.14.04.14,.16,.19 • 38:23 Md. R. 1440 (11-4-11)

11.21.01.01—.03 • 38:23 Md. R. 1458 (11-4-11)

12 DEPARTMENT OF PUBLIC SAFETY AND

CORRECTIONAL SERVICES

12.04.01.04—.12,.14—.21 • 38:21 Md. R. 1297 (10-7-11)

12.04.02.01—.03,.11—13 • 38:21 Md. R. 1297 (10-7-11)

12.04.05.01,.06 • 38:21 Md. R. 1297 (10-7-11)

12.04.06.01—.18 • 38:21 Md. R. 1297 (10-7-11)

12.10.01.04—.06,.08,.09,.14—.17,.19—.27 • 38:15 Md. R.

904 (7-15-11)

38:26 Md. R. 1730 (12-16-11)

12.10.04.01—.31 • 38:15 Md. R. 904 (7-15-11)

12.10.05.01 • 38:15 Md. R. 904 (7-15-11)

12.10.06.01—.16 • 38:15 Md. R. 904 (7-15-11)

12.12.30.02—.09,.12,.13,.15—27,.30—.37,.39 • 38:24 Md.

R. 1518 (11-18-11)

13A STATE BOARD OF EDUCATION

13A.04.07.01—.06 • 38:26 Md. R. 1732 (12-16-11)

13A.05.09.02 • 38:23 Md. R. 1459 (11-4-11)

13A.12.01.03 • 38:26 Md. R. 1733 (12-16-11)

13A.12.02.27 • 38:14 Md. R. 815 (7-1-11)

38:26 Md. R. 1734 (12-16-11)

13A.12.05.02,.03 • 38:26 Md. R. 1733 (12-16-11)

13A.16.01.02 • 38:24 Md. R. 1540 (11-18-11)

13A.16.02.01 • 38:24 Md. R. 1540 (11-18-11)

13A.16.07.06 • 38:24 Md. R. 1540 (11-18-11)

13A.16.18.01,.02 • 38:24 Md. R. 1540 (11-18-11)

13A.18.01.01,.02 • 38:25 Md. R. 1616 (12-2-11)

13A.18.02.01—.08 • 38:25 Md. R. 1616 (12-2-11)

13A.18.03.01—.08 • 38:25 Md. R. 1616 (12-2-11)

13A.18.04.01—.04 • 38:25 Md. R. 1616 (12-2-11)

13A.18.05.01—.13 • 38:25 Md. R. 1616 (12-2-11)

13A.18.06.01—.10 • 38:25 Md. R. 1616 (12-2-11)

13A.18.07.01—.06 • 38:25 Md. R. 1616 (12-2-11)

13A.18.08.01—.08 • 38:25 Md. R. 1616 (12-2-11)

13A.18.09.01—.06 • 38:25 Md. R. 1616 (12-2-11)

13A.18.10.01—.06 • 38:25 Md. R. 1616 (12-2-11)

13A.18.11.01—.06 • 38:25 Md. R. 1616 (12-2-11)

13A.18.12.01—.06 • 38:25 Md. R. 1616 (12-2-11)

13A.18.13.01—.10 • 38:25 Md. R. 1616 (12-2-11)

13A.18.14.01—.09 • 38:25 Md. R. 1616 (12-2-11)

13A.18.15.01—.08 • 38:25 Md. R. 1616 (12-2-11)

13A.18.16.01—.04 • 38:25 Md. R. 1616 (12-2-11)

14 INDEPENDENT AGENCIES

14.01.11.04 • 38:23 Md. R. 1459 (11-4-11)

14.01.11.08 • 38:23 Md. R. 1460 (11-4-11)

14.01.14.47 • 38:23 Md. R. 1460 (11-4-11)

14.01.16.03,.04,.08,.09,.11 • 38:23 Md. R. 1460 (11-4-11)

14.01.18.03 • 38:23 Md. R. 1459 (11-4-11)

14.09.01.06,.06-1 • 38:27 Md. R. 1781 (12-30-11)

14.09.03.01,.04,.09 • 38:23 Md. R. 1462 (11-4-11)

14.09.03.03 • 38:26 Md. R. 1735 (12-16-11)

PENDING PROPOSALS

1760


14.22.02.02 • 38:26 Md. R. 1735 (12-16-11)

14.34.01.01—.03 • 38:24 Md. R. 1541 (11-18-11)

14.34.02.01—.03 • 38:24 Md. R. 1541 (11-18-11)

20 PUBLIC SERVICE COMMISSION

20.50.01.03,.05 • 38:5 Md. R. 332 (2-25-11)

38:22 Md. R. 1377 (10-21-11)

20.50.10.05 • 38:5 Md. R. 332 (2-25-11)

38:22 Md. R. 1377 (10-21-11)

20.61.02.01 • 38:27 Md. R. 1782 (12-30-11)

20.90.02.19 • 38:20 Md. R. 1245 (9-23-11)

20.90.03.17 • 38:20 Md. R. 1245 (9-23-11)

21 STATE PROCUREMENT REGULATIONS

21.01.03.03,.08 • 38:26 Md. R. 1737 (12-16-11)

21.05.08.10 • 38:26 Md. R. 1737 (12-16-11)

21.07.01.26 • 38:26 Md. R. 1737 (12-16-11)

21.07.03.26 • 38:26 Md. R. 1737 (12-16-11)

21.11.07.01,.09,.10,.11 • 38:26 Md. R. 1737 (12-16-11)

21.11.07.01,.12 • 38:26 Md. R. 1739 (12-16-11)

21.11.12.01—.09 • 38:20 Md. R. 1249 (9-23-11)

21.13.01.14 • 38:26 Md. R. 1737 (12-16-11)

24 DEPARTMENT OF BUSINESS AND ECONOMIC

DEVELOPMENT

24.05.25.04 • 38:25 Md. R. 1644 (12-2-11)

26 DEPARTMENT OF THE ENVIRONMENT

Subtitles 13—18 (Part 3)

26.11.01.01 • 38:25 Md. R. 1645 (12-2-11)

38:25 Md. R. 1647 (12-2-11)

26.11.01.04 • 38:25 Md. R. 1648 (12-2-11)

26.11.02.01 • 38:25 Md. R. 1645 (12-2-11)

26.11.06.12 • 38:25 Md. R. 1647 (12-2-11)

26.11.06.14 • 38:25 Md. R. 1645 (12-2-11)

26.11.08.01,.02,.08-1,.08-2 • 38:25 Md. R. 1651 (12-2-11)

26.11.19.02 • 38:25 Md. R. 1648 (12-2-11)

26.11.19.23 • 38:25 Md. R. 1659 (12-2-11)

26.16.01.02,.03,.11 • 38:27 Md. R. 1783 (12-30-11)

26.16.02.03,.07 • 38:27 Md. R. 1783 (12-30-11)

26.16.05.08 • 38:27 Md. R. 1783 (12-30-11)

26.17.01.01 • 37:19 Md. R. 1329 (9-10-10) (err)

26.17.01.01—.11 • 37:18 Md. R. 1244 (8-27-10) (ibr)

38:18 Md. R. 1101 (8-26-11) (ibr)

27 CRITICAL AREA COMMISSION FOR THE

CHESAPEAKE AND ATLANTIC COASTAL BAYS

27.01.01.01 • 38:26 Md. R. 1740 (12-16-11)

27.01.09.01—.01-8 • 38:26 Md. R. 1740 (12-16-11)

29 MARYLAND STATE POLICE

29.02.01.01,.02,.11,.14 • 38:23 Md. R. 1465 (11-4-11)

29.06.04.03—.07 • 38:21 Md. R. 1310 (10-7-11)

31 MARYLAND INSURANCE ADMINISTRATION

31.03.06.01-1—.03,.05,.06,.10,.11 • 38:25 Md. R. 1667 (12-

2-11)

31.10.01.01—.03 • 38:24 Md. R. 1548 (11-18-11)

31.12.08.04 • 38:17 Md. R. 1039 (8-12-11)

33 STATE BOARD OF ELECTIONS

33.01.01.01 • 38:23 Md. R. 1468 (11-4-11)

33.07.07.01—.04 • 38:23 Md. R. 1468 (11-4-11)

33.07.08.01,.03 • 38:23 Md. R. 1468 (11-4-11)

33.07.09.01—.06 • 38:23 Md. R. 1468 (11-4-11)

33.11.03.08 • 38:23 Md. R. 1470 (11-4-11)

33.11.04.03 • 38:23 Md. R. 1470 (11-4-11)

33.13.06.03,.05 • 38:23 Md. R. 1471 (11-4-11)

33.13.10.01,.02 • 38:23 Md. R. 1471 (11-4-11)

33.13.11.01—.04 • 38:26 Md. R. 1746 (12-16-11)

33.17.06.08—.11 • 38:23 Md. R. 1468 (11-4-11)

34 DEPARTMENT OF PLANNING

34.04.09.08 • 38:25 Md. R. 1669 (12-2-11)

1761


The Judiciary

COURT OF APPEALS OF

MARYLAND

DISCIPLINARY PROCEEDINGS This is to certify that by an Order of this Court dated December

15, 2011, JOHN K. REIFF, 3604 Eastern Avenue, Suite 300,

Baltimore, Maryland 21224, has been disbarred by consent from

the further practice of law in this State and his name as an attorney

at law has been stricken from the register of attorneys in this Court

(Maryland Rule 16-713).

* * * * * * * * * *

This is to certify that by an Order of this Court dated December

15, 2011, ANTHONY JOSEPH DELAURENTIS, 3604 Eastern

Avenue, Suite 300, Baltimore, Maryland 21224, has been disbarred

by consent from the further practice of law in this State and his

name as an attorney at law has been stricken from the register of

attorneys in this Court (Maryland Rule 16-713).

* * * * * * * * * *


16, 2011, ROBERT SCOTT ABRAMSON, 7220 Brook Falls

Terrace, Baltimore, Maryland 21209, has been disbarred by

consent from the further practice of law in this State and his name

as an attorney at law has been stricken from the register of

attorneys in this Court (Maryland Rule 16-713).

* * * * * * * * * *


16, 2011, WILLIAM ORR SMITH, 11715 Triple Notch Terrace,

Richmond, Virginia 23233, has been disbarred by consent from the

further practice of law in this State and his name as an attorney at

law has been stricken from the register of attorneys in this Court

(Maryland Rule 16-713).

[11-27-48

1762


Emergency Action on Regulations Symbol Key

• Roman type indicates text existing before emergency status was granted.

• Italic type indicates new text.

• [Single brackets] indicate deleted text.

Emergency Regulations

Under State Government Article, §10-111(b), Annotated Code of Maryland, an agency may petition the Joint Committee on Administrative,

Executive, and Legislative Review (AELR), asking that the usual procedures for adopting regulations be set aside because emergency conditions

exist. If the Committee approves the request, the regulations are given emergency status. Emergency status means that the regulations become

effective immediately, or at a later time specified by the Committee. After the Committee has granted emergency status, the regulations are

published in the next available issue of the Maryland Register. The approval of emergency status may be subject to one or more conditions,

including a time limit. During the time the emergency status is in effect, the agency may adopt the regulations through the usual promulgation

process. If the agency chooses not to adopt the regulations, the emergency status expires when the time limit on the emergency regulations ends.

When emergency status expires, the text of the regulations reverts to its original language.

Title 09

DEPARTMENT OF LABOR,

LICENSING, AND

REGULATION

Subtitle 10 RACING COMMISSION

09.10.04 General

Authority: Business Regulation Article, §11-210; State Government Article, §9-1A-29; Annotated Code of Maryland

Notice of Emergency Action

[11-339-E]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to new

Regulation .25 under COMAR 09.10.04 General.

Emergency status began: December 2, 2011.

Emergency status expires: May 29, 2012.

Editor’s Note: The text of this document will not be printed here

because it appeared as a Notice of Proposed Action in 38:25 Md.

R. 1601—1602 (December 2, 2011), referenced as [11-339-P].

J. MICHAEL HOPKINS

Executive Director

Maryland Racing Commission

Title 26

DEPARTMENT OF THE

ENVIRONMENT

Subtitle 16 LEAD

Notice of Emergency Action

[11-380-E]

The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to

(1) Amendments to Regulations .02, .03, and .11 under

COMAR 26.16.01 Accreditation and Training for Lead Paint

Abatement Services;

(2) Amendments to Regulations .03 and .07 under COMAR

26.16.02 Reduction of Lead Risk in Housing; and

(3) Amendments to Regulation .08 under COMAR 26.16.05

Procedures for Performing Lead Abatement Services.

Emergency status began: January 1, 2012.

Emergency status expires: June 29, 2012.

Editor’s Note: The text of this document will not be printed

here because it appears as a Notice of Proposed Action on pages

1783—1785 of this issue, referenced as [11-380-P].

ROBERT M. SUMMERS

Secretary of the Environment

1763


Final Action on Regulations

Symbol Key

• Roman type indicates text already existing at the time of the proposed action.

• Italic type indicates new text added at the time of proposed action.

• Single underline, italic indicates new text added at the time of final action.

• Single underline, roman indicates existing text added at the time of final action.

• [[Double brackets]] indicate text deleted at the time of final action.

Title 07

DEPARTMENT OF HUMAN

RESOURCES

Subtitle 02 SOCIAL SERVICES

ADMINISTRATION

07.02.13 Post-Adoption Reunion Services

Authority: Ch. 326, Acts of 2011

Notice of Final Action

[11-291-F]

On December 12, 2011, the Secretary of Human Resources

adopted amendments to Regulations .01, .02, and .04 under

COMAR 07.02.13 Post-Adoption Reunion Services. This action,

which was proposed for adoption in 38:22 Md. R. 1348—1349

(October 21, 2011), has been adopted as proposed.

Effective Date: January 9, 2012.

THEODORE DALLAS

Secretary of Human Resources

Title 08

DEPARTMENT OF

NATURAL RESOURCES

Subtitle 02 FISHERIES SERVICE


[11-321-F]

On December 20, 2011, the Secretary of Natural Resources

adopted amendments to:

(1) Regulations .03, .04, .06, and .16 under COMAR

08.02.04 Oysters; and

(2) Regulation .02 under COMAR 08.02.08 Shellfish —

General.

This action, which was proposed for adoption in 38:23 Md. R.

1426—1428 (November 4, 2011), has been adopted as proposed.


JOHN R. GRIFFIN

Secretary of Natural Resources


08.02.04 Oysters

Authority: Natural Resources Article, §§4-215 and 4-11A-12, Annotated

Code of Maryland


[11-196-F]


adopted amendments to Regulation .15 under COMAR 08.02.04

Oysters. This action, which was proposed for adoption in 38:16

Md. R. 950—951 (July 29, 2011), has been adopted as proposed.


JOHN R. GRIFFIN



08.02.23 Shellfish Aquaculture and Leasing

Authority: Natural Resources Article, §§4-215, 4-11A-12, and 4-11A-19,

Annotated Code of Maryland


[11-322-F]


adopted amendments to Regulations .02 — .04 and .07 under

COMAR 08.02.23 Shellfish Aquaculture and Leasing. This

action, which was proposed for adoption in 38:23 Md. R. 1429—

1430 (November 4, 2011), has been adopted as proposed.


JOHN R. GRIFFIN


Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 03 HEALTH STATISTICS

10.03.01 Vital Records

Authority: Health-General Article, §§4-203, 4-207, 4-211, and 4-217,



[11-295-F]

On December 16, 2011, the Secretary of Health and Mental

Hygiene adopted new Regulation .02, amendments to and the

recodification of existing Regulations .02—.04, .07, .07-1, .09, and

.14 to be Regulations .03—.05, .08, .09, .11, and .15, respectively,

FINAL ACTION ON REGULATIONS

1764


and the recodification of existing Regulations .05, .06, .08, .10, .12,

and .13 to be Regulations .06, .07, .10, .12, .13, and .14,

respectively, under COMAR 10.03.01 Vital Records. This action,

which was proposed for adoption in 38:22 Md. R. 1352—1354



JOSHUA M. SHARFSTIEN, M.D.

Secretary of Health and Mental Hygiene

Subtitle 25 MARYLAND HEALTH

CARE COMMISSION

10.25.16 Electronic Health Record Incentives

Authority: Health–General Article, §§19-103(c)(2)(i) and (ii), 19-109(a)(1),

and 19–143(d)(1), (2), (3), and (4) and (i), Annotated Code of Maryland


[11-292-F]

On December 15, 2011, the Maryland Health Care Commission

adopted amendments to Regulations .01— .07 under COMAR

10.25.16 Electronic Health Record Incentives. This action was

considered by the Commission at an open meeting held on

December 15, 2011, notice of which was given through publication

in the Maryland Register pursuant to State Government Article,

§10-506(c), Annotated Code of Maryland. This action, which was

proposed for adoption in 38:22 Md. R. 1357—1360 (October 21,

2011), has been adopted as proposed.


MARILYN MOON, Ph.D.

Chair

Maryland Health Care Commission

Subtitle 50 TISSUE BANKS

10.50.01 Tissue Banks

Authority: Health-General Article, §§17-302 and 17-303,



[11-298-F]

On December 9, 2011, the Secretary of Health and Mental

Hygiene adopted amendments to Regulation .10 under COMAR

10.50.01 Tissue Banks. This action, which was proposed for

adoption in 38:22 Md. R. 1373 (October 21, 2011), has been

adopted as proposed.


JOSHUA M. SHARFSTEIN, M.D.


Title 11

DEPARTMENT OF

TRANSPORTATION

Subtitle 18 MOTOR VEHICLE

ADMINISTRATION — FINANCIAL

RESPONSIBILITY REQUIREMENTS

11.18.02 Self-Insurers

Authority: Transportation Article, §§12-104(b), 17-103, and 20-105.1, Annotated Code of Maryland


[11-299-F]

On December 6, 2011, the Administrator of the Motor Vehicle

Administration adopted amendments to Regulation .01 and new

Regulation .08 under COMAR 11.18.02 Self-Insurers. This

action, which was proposed for adoption in 38:22 Md. R. 1374



JOHN T. KUO

Administrator

Motor Vehicle Administration

Title 12

DEPARTMENT OF PUBLIC

SAFETY AND

CORRECTIONAL

SERVICES

Subtitle 02 DIVISION OF

CORRECTION

12.02.27 Inmate Discipline

Authority: Correctional Services Article, §3-205, Annotated Code of Maryland


[11-245-F]

On December 13, 2011, the Secretary of Public Safety and

Correctional Services, in cooperation with the Commissioner of

Correction, adopted the repeal of existing Regulations .02, .04, .09,

.13, .16, .18, .19, .26, and .31, new Regulations .02, .04, .09, .13,

.16, .18, .19, .26, and .31, and amendments to Regulations .03, .05,

.07, .08, 12, .15, .17, .20—.25, .27, .30, .32—.37, and .39 under

COMAR 12.02.27 Inmate Discipline. This action, which was

proposed for adoption in 38:20 Md. R. 1222 — 1243 (September

23, 2011), has been adopted as proposed.


GARY D. MAYNARD

Secretary of Public Safety and Correctional Services

FINAL ACTION ON REGULATIONS

1765


Title 13A

STATE BOARD OF

EDUCATION Notice of Final Action

[11-273-F-I]

On December 6, 2011, the Maryland State Board of Education

adopted amendments to:

(1) Regulation .02 under COMAR 13A.02.06 General

Financial Aid to Local School Systems;

(2) Regulation .01 under COMAR 13A.08.01 General

Regulations; and

(3) Regulation .01 under COMAR 13A.08.02 Student

Records.


1244 (September 23, 2011), has been adopted as proposed.


BERNARD J. SADUSKY, Ed.D.

Interim State Superintendent of Schools

Subtitle 03 GENERAL

INSTRUCTIONAL PROGRAMS

13A.03.04 Test Administration and Data-

Reporting Policies and Procedures

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


[11-296-F]


adopted amendments to Regulation .07 under COMAR 13A.03.04

Test Administration and Data-Reporting Policies and

Procedures. This action, which was proposed for adoption in

38:22 Md. R. 1374—1375 (October 21, 2011), has been adopted as

proposed.




Subtitle 08 STUDENTS

13A.08.01 General Regulations

Authority: Education Article, §§2-205 and 7-303, Annotated Code of Maryland


[11-304-F]


adopted amendments to Regulation .17 under COMAR 13A.08.01

General Regulations. This action, which was proposed for

adoption in 38:22 Md. R. 1375—1377 (October 21, 2011), has

been adopted as proposed.




Title 33

STATE BOARD OF

ELECTIONS

Subtitle 13 CAMPAIGN FINANCING


[11-288-F]

On December 19, 2011, the State Board of Elections adopted:


Campaign Finance Report;


Electronic Filing of Reports;

(3) Amendments to Regulations .01 and .02 under COMAR

33.13.05 Electronic Signature Requirements;

(4) Amendments to Regulations .03 — .05 under COMAR

33.13.06 Campaign Accounts;

(5) New Regulations .01 — .05 under a new chapter,

COMAR 33.13.08 Independent Expenditure Requirements;

and

(6) New Regulations .01 — .05 under a new chapter,

COMAR 33.13.09 Electioneering Communication

Requirements.


1313—1316 (October 7, 2011), has been adopted as proposed.


LINDA H. LAMONE

State Administrator of Elections

1766


Proposed Action on Regulations

Title 08

DEPARTMENT OF NATURAL

RESOURCES


08.02.13 Fishing Licenses — Point Assignment,

License Revocation and Suspension Schedule

and Criteria, and Hearing Procedure

Authority: Natural Resources Article, §§4-220 and 4-701, Annotated Code of

Maryland

Notice of Proposed Action

[11-383-P]

The Secretary of Natural Resources proposes to amend

Regulations .02, .03, and .05 — .08 under COMAR 08.02.13

Fishing Licenses — Point Assignment, License Revocation and

Suspension Schedule and Criteria, and Hearing Procedure.

Statement of Purpose

The purpose of this action is to make needed changes to the

commercial, charter, and recreational penalty systems and to the

contested case hearing process.

This action will consolidate repeated listings of violations into one

category in order to make clear the applicable penalty for these

violations. It will also correct language regarding the number of

illegal fish or the percentage over that is required to incur certain

penalties. The action corrects the document to improve continuity

between tiers. The changes will also add previously unintentionally

omitted violations to the penalty system, as well as COMAR and

Maryland Code citations that were missing. The action further

clarifies the term conviction as including those lesser charges

included in a merged conviction.

Additionally, this action will clarify existing hearing requirements

in the license suspension/revocation chapter before the Department

may suspend or revoke a recreational or commercial fishing license.

These changes will implement the new law passed by the Maryland

General Assembly during the 2011 session (House Bill 396/Senate

Bill 414). The new laws eliminate the requirement that the

Department must hold a hearing before it suspends or revokes a

recreational or commercial fishing license and requires only that the

Department provide written notice to the licensee of a right to a

hearing on request. This action will finalize and make permanent an

emergency regulation clarifying the notice requirement that became

effective on July 1, 2011.

Comparison to Federal Standards

There is no corresponding federal standard to this proposed action.

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 Penalty System Changes, Regulatory

Staff, Maryland Department of Natural Resources, 580 Taylor Ave.,

B-2, Annapolis MD 21401, or call 410-260-8300, or email to

[email protected], or fax to 410-260-8310.

Comments will be accepted through January 30, 2012. A public

hearing has not been scheduled.

.02 Commercial License Suspension and Revocation.

A. (text unchanged)

B. [If an individual is eligible for suspension or revocation, the

Department shall schedule the contested case hearing to be conducted

in accordance with State Government Article, Title 10, Subtitle 2,

Annotated Code of Maryland, and COMAR 08.01.04 in the

For information concerning citizen participation in the regulation-making process, see inside front cover.

Symbol Key

• Roman type indicates existing text of regulation.

• Italic type indicates proposed new text.

• [Single brackets] indicate text proposed for deletion.

Promulgation of Regulations

An agency wishing to adopt, amend, or repeal regulations must first publish in the Maryland Register a notice of proposed action, a

statement of purpose, a comparison to federal standards, an estimate of economic impact, an economic impact on small businesses, a notice

giving the public an opportunity to comment on the proposal, and the text of the proposed regulations. The opportunity for public comment

must be held open for at least 30 days after the proposal is published in the Maryland Register.

Following publication of the proposal in the Maryland Register, 45 days must pass before the agency may take final action on the

proposal. When final action is taken, the agency must publish a notice in the Maryland Register. Final action takes effect 10 days after the

notice is published, unless the agency specifies a later date. An agency may make changes in the text of a proposal. If the changes are not

substantive, these changes are included in the notice of final action and published in the Maryland Register. If the changes are substantive,

the agency must repropose the regulations, showing the changes that were made to the originally proposed text.

Proposed action on regulations may be withdrawn by the proposing agency any time before final action is taken. When an agency

proposes action on regulations, but does not take final action within 1 year, the proposal is automatically withdrawn by operation of law,

and a notice of withdrawal is published in the Maryland Register.

PROPOSED ACTION ON REGULATIONS

1767


individual’s general work area.] Before the Department imposes a

suspension or revocation under this regulation, an individual is

entitled to a contested case hearing upon request in accordance with

Natural Resources Article, §4-701, Annotated Code of Maryland.

C.—E. (text unchanged)

.03 Point Assignment Schedule.

A. (text unchanged)

B. Definitions.

(1) (text unchanged)

(2) Terms defined.

(a) “Conviction” means:

(i) A guilty verdict or accepted plea of nolo contendere;

[or]

(ii) An admission of guilt to any charge made by the

prepayment of the applicable fine instead of appearing for trial[.] ;or

(iii) Any charged violation merged into a conviction.

(b) (text unchanged)

C. (text unchanged)

D. Tier I. The following violations are Tier I violations. An

individual who receives a conviction for a Tier I violation receives 5

points.

Statute or Regulation Type Description

1—

27

(text unchanged)

28 4-733, COMAR

08.02.15.12C

Size Possessing Fish Whose Size

or Weight Cannot Be

Determined

29—

65

(text unchanged)

E. (text unchanged)

F. Tier III. The following violations are Tier III violations. An

individual who receives a conviction for a Tier III violation receives

15 points.


1—

22

(text unchanged)

23 COMAR 08.02.05.02,

08.02.15

Area Harvesting Striped Bass in a

Closed Area

G. – H. (text unchanged)

I. Tier VI. The following violations are Tier VI violations. An

individual who receives a conviction for a Tier VI violation receives

30 points.


1 (text unchanged)

2 4-701, 4-702, 4-704,

4-704.1, 4-210, 4-

210.1, 4-210.2, 4-

731, 4-804, 4-906, 4-

1004, 4-1013, 4-

1041, COMAR

08.02.02.01,

08.02.02.09,

08.02.03.03,

08.02.04.05,

08.02.05.03,

08.02.05.08,

08.02.08.03,

08.02.15.05,

08.02.18.03,

08.02.18.04,

Operating Without a

Required Commercial

Fishing License or

Authorization

08.02.18.05,

08.02.18.06

3—

6

(text unchanged)

J. (text unchanged)

.05 Recreational Fishing Suspension and Revocation.

A. — D. (text unchanged)

E. An individual who receives one of the following violations may

be suspended for up to 90 days.

STATUTE OR

REGULATION

DESCRIPTION


(2) [4 — 1015(b)] COMAR

08.02.03.14

[Possession of Unculled

Oysters: 10—14% per

bushel] Possession of

Undersized Hard Crabs: 6-

10 per bushel

[(3) 4-1031 Possession of Undersized

Hard—Shell Clams: 15—

20 in possession]

[(4)]

(3)—

[(25)]

(24)

(text unchanged)

[(26)]

(25)

COMAR

08.02.05.20A(1)

Size Limits — Tautog: [5]

4 —10 fish

[(27)]

(26)

COMAR

08.02.05.20A(2)

Possessing Tautog in

December: 1 —4 fish

[(28)]

(27)—

[(41)](40)

(text unchanged)

[(42)]

(41)

COMAR 08.02.15.11B Daily Catch Limit —

Striped Bass — Atlantic

Ocean and Coastal Bays:

[3] 2 fish over daily catch

limit

(42) COMAR 08.02.15.08B Size Limits — Striped Bass

— Spring Season: 2 fish

under minimum size

(43) COMAR 08.02.15.08C Daily Catch Limit —

Striped Bass — Spring

Season: 2 fish over daily

catch limit

[(43)]

(44)—

[(44)]

(45)

(text unchanged)

(46) COMAR 08.02.05 Season Violations —

Finfish — Tidal Waters:

1—5 fish


1768


F. An individual who receives one of the following violations may

be suspended for up to 180 days.

STATUTE OR

REGULATION

DESCRIPTION

(1)—

(22)

(text unchanged)

(23) COMAR 08.02.15.08B Size Limits — Striped Bass

— Spring Season: 3 fish

under minimum size

(24) COMAR 08.02.15.08C Daily Catch Limit —

Striped Bass — Spring


catch limit

[(23)]

(25)

COMAR 08.02.05 Season Violations —

Finfish — Tidal Waters:

[1—5] 6—9 fish

[(24)]

(26)—

[(28)]

(30)

(text unchanged)

(31) COMAR 08.02.11 Possession of undersized

fish: 50—99% of creel limit

(32) COMAR 08.02.03.14 Possession of Undersized

Hard Crabs: 11—15 per

bushel

G. An individual who receives one of the following violations

may be suspended for up to 365 days.

STATUTE OR

REGULATION DESCRIPTION

(1)—(10) (text unchanged)

(11) 4-1015(b)

Possession of Unculled

Oysters: [over 15% per

bushel] 15% or more per

bushel

(12)—


(14) COMAR 08.02.03.10E

Possession of Female Crabs:

[over 16 per bushel] 16 or

more per bushel

(15)—


(84) COMAR 08.02.15.08B

Size Limits — Striped Bass

— Spring Season: 4 or more

fish under minimum size

(85) COMAR 08.02.15.08C

Daily Catch Limit — Striped

Bass — Spring Season: 4 or

more fish over daily catch

limit

[(84)]

(86)

COMAR 08.02.15 ,

08.02.05.02

Possession of Striped Bass

During a Closed Season or

in a Closed Area

[(85)]

(87)—

[(86)](88)

(text unchanged)

[(87)]

(89)

4-733, COMAR

08.02.15.12C

[Striped Bass Filleting

Violations] Possessing a fish

whose size or weight cannot

be determined

[(88)]

(90)—

[(97)]

(99)

(text unchanged)

(100) COMAR 08.02.11

Possession of undersized

fish: 100% or more of creel

limit

(101) COMAR 08.02.03.14

Possession of Undersized

Hard Crabs: 16 or more per

bushel

H. Any individual who is convicted of fishing on a suspended

recreational license may be prohibited from engaging in all

recreational fishing activities for up to 3 years.

[H.] I.—[I.]—J. (text unchanged)

[J.] K. [An individual is entitled to a contested case hearing

conducted in accordance with State Government Article, Title 10,

Subtitle 2, Annotated Code of Maryland, and COMAR 08.01.04

before a penalty is imposed under this regulation.] Before the

Department imposes a suspension or revocation under this

regulation, an individual is entitled to a contested case hearing upon

request in accordance with Natural Resources Article, §4-220,

Annotated Code of Maryland.

[K.] L.—[L.] M. (text unchanged)

.06 Commercial Fishing Records.

A.—J. (text unchanged)

K. Before the Department imposes a suspension or revocation

under this regulation, [the Department shall provide the opportunity

for a contested case hearing conducted in accordance with State

Government Article, Title 10, Subtitle 2, Annotated Code of

Maryland and COMAR 08.01.04.] an individual is entitled to a

contested case hearing upon request in accordance with Natural

Resources Article, §4-701, Annotated Code of Maryland.

.07 Commercial Charter Boat and Fishing Guide License

Suspension Schedule.

A. (text unchanged)

B. Before the Department imposes a suspension or revocation

under this regulation, an individual is entitled to a contested case

hearing upon request in accordance with Natural Resources Article,

§ 4-701, Annotated Code of Maryland. The Department may agree to

a period of suspension or revocation with a fishing guide before

proceeding to a contested case hearing. [However, if the Department

cannot agree to a period of suspension with a fishing guide, the

Department shall schedule a contested case hearing to be conducted

in accordance with State Government Article, Title 10, Subtitle 2,

Annotated Code of Maryland, and COMAR 08.01.04 whenever the

Department seeks to suspend a fishing guide’s tidal fish license,

authorization, or entitlement to guide fishing parties.]

C.—D. (text unchanged)


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.08 Charter Boat/Fishing Guide Point Assignment Schedule.

A.—C. (text unchanged)

D. Tier I. The following violations are Tier I violations. A fishing

guide who receives a conviction for a Tier I violation receives 5

points.

STATUTE OR

REGULATION

DESCRIPTION


(33) COMAR 08.02.15.08B Size Limits—Striped Bass—

Spring Season: 1 fish under

minimum size limit

[(33)]

(34)—

[(37)] (38)

(text unchanged)

[(38)] (39) COMAR 08.02.21.02B Size limits—Yellow Perch:

1 —2 fish under minimum

size limit

[(39)] (40) COMAR 08.02.21.02C Daily Catch Limit—Yellow

Perch: 1 —2 fish over daily

catch limit

E. Tier II. The following violations are Tier II violations. A

fishing guide who receives a conviction for a Tier II violation

receives 10 points.

STATUTE OR

REGULATION DESCRIPTION


(6) COMAR 08.02.15.08C

Daily Catch Limit—Striped

Bass—Spring Season: 1 fish

over daily catch limit

[(6)] (7)—

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

(10) COMAR 08.02.15.08B

Size Limits—Striped Bass—


minimum size limit

[(9)] (11)—

[(42)] —

(44)

(text unchanged)

(45) COMAR 08.02.21.02B

Size Limits—Yellow Perch: 3


limit

(46) COMAR 08.02.21.02C

Daily Catch Limit—Yellow

Perch: 3 fish over daily

catch limit

F. Tier III. The following violations are Tier III violations. A

fishing guide who receives a conviction for a Tier III violation

receives 15 points.

STATUTE OR

REGULATION

DESCRIPTION


(4) 4-733, 08.02.15.12C Possessing Fish Whose Size

or Weight Cannot Be

Determined


(6) COMAR 08.02.11 Minimum or maximum size

limit violation—Nontidal

Waters


[(7)] (8) COMAR 08.02.03.10E Possession of Female

Crabs: [over 16] 16 or more

per Bushel

[(8)] (9)—

[(15)] (16)

(text unchanged)

(17) COMAR 08.02.15.08C Daily Catch Limits—

Striped Bass—Spring


catch limit

[(16)]

(18)—

[(18)] (20)

(text unchanged)



minimum size limit

[(19)]

(22)—

[(44)] (47)

(text unchanged)

[(45)] (48) COMAR

08.02.05.21A(1)

Size Limits—Black Sea

Bass: [3] 7 or more fish

under minimum size limit

[(46)] (49) COMAR

08.02.05.21A(2)

Catch Limit—Black Sea

Bass: [3] 7 or more fish


[(47)—

(76)]

(50)—(79)

(text unchanged)

[(77)] (80) COMAR 08.02.21.02B Size Limits—Yellow

Perch: [11] 4 or more fish

under minimum size limit

[(78)] (81) COMAR 08.02.21.02C Daily Catch Limit—Yellow

Perch: [11] 4 or more fish


[(79)]

(82)—

[(82)] (85)

(text unchanged)

G. Tier IV. The following violations are Tier IV violations. A

fishing guide who receives a conviction for a Tier IV violation

receives 30 points.

STATUTE OR

REGULATION

DESCRIPTION


(19) COMAR 08.02.15.08C Daily Catch Limit—Striped

Bass—Spring Season: 3 or

more fish over daily catch

limit

[(19)]

(20)—

[(21)] (22)

(text unchanged)


Spring Season: 4 or more


[(22)]

(24)—

[(32)] (34)

(text unchanged)

(35) COMAR

08.02.05.23B(1)

Daily Catch Limit—Bluefin

Tuna: 2 fish or more over

daily catch limit

(36) COMAR

08.02.05.23B(2)

Size Limit—Bluefin Tuna: 2

fish or more under

minimum size limit


1770


(37) COMAR

08.02.05.26C(1)

Daily Catch Limit—

Billfish: 2 fish or more over

daily catch limit

(38) COMAR

08.02.05.26C(2)

Size Limit—Billfish: 2 fish

or more under minimum

size limit

(39) COMAR

08.02.05.27C(1)

Daily Catch Limit—

Swordfish: 2 fish or more


(40) COMAR

08.02.05.27C(2)

Size Limit—Swordfish: 2

fish or more under

minimum size limit

(41) COMAR 08.02.22.02C Size Limits for Designated

Shark Species—

Recreational: 2 fish or

more under minimum fork

length

(42) COMAR 08.02.22.02D Daily Catch Limit—Sharks:

2 fish or more over daily

catch limit

JOHN R. GRIFFIN

Secretary, Department of Natural Resources

Title 09


LICENSING, AND

REGULATION

Subtitle 11 REAL ESTATE

COMMISSION

09.11.02 Code of Ethics

Authority: Business Occupations and Professions Article, §17-207, Annotated Code of Maryland.


[11-387-P]

The Real Estate Commission proposes to amend Regulations .01

and .02 under COMAR 09.11.02 Code of Ethics. This action was

considered by the Commission at public meetings held on September

17, 2011 (Regulation .01) and on October 19, 2011 (Regulation .02);

public notices of the meetings were given in accordance with State

Government Article, § 10-506(c), Annotated Code of Maryland.


The purpose of this action is to update the classes of individuals

protected from discrimination by real estate licensees to comply with

the statutory provision of State Government Article, § 20-402,

Annotated Code of Maryland, by referring to that provision in

Regulation .01E. The purpose of the change to Regulation .02D is to

clarify the circumstances under which a licensee must disclose his or

her licensing status to a prospective seller or lessor, or buyer or

lessee, of property in which the licensee may have or wish to acquire

an ownership interest. The licensee's obligation of disclosure would

extend to certain members of the licensee's immediate family when

the licensee is acting on behalf of or representing one of those

individuals. The disclosure requirement would also apply to

employees of a real estate brokerage or of a real estate licensee.







businesses.




Comments may be sent to Katherine Connelly, Executive

Director, Real Estate Commission, 500 N. Calvert Street, 3rd Floor,

Baltimore, MD 21202, or call 410-230-6227, or email to

[email protected], or fax to 410-333-0023. Comments will

be accepted through February 3, 2012. A public hearing has not been

scheduled.

Open Meeting

Final action on the proposal will be considered by the Real Estate

Commission during a public meeting to be held on February 15, 2012

at 10:30 a.m., at 500 N. Calvert Street, 3rd Floor, Baltimore, MD

21202.

.01 Relations to the Public.

A. — D. (text unchanged)

E. The licensee, acting as agent, may not discriminate in the sale,

rental, leasing, trading, or transferring of property to any person or

group of persons [because of race, color, creed, religion, national

origin, sex, handicap, or familial status] in violation of State

Government Article, § 20-402, Annotated Code of Maryland.

F. — I. (text unchanged)

.02 Relations to the Client.

A. — C. (text unchanged)

D. Disclosure Requirement for Licensees and Employees Buying,

Selling, Leasing, and Renting Property.

[(1) The licensee may not acquire an interest in, or purchase,

personally, for any member of the licensee's immediate family, for

the licensee's firm, for any member of the firm, or for any entity in

which the licensee has any ownership interest, property listed with

the licensee or the licensee's firm without making the licensee's true

position known to the listing owner. In selling or leasing property in

which the licensee, the licensee's firm, or any member of the

licensee's immediate family or the licensee's firm has an ownership

interest, the licensee shall reveal that interest in writing to all parties

to the transaction.

(2) A licensee who provides real estate brokerage services in a

group or team shall have the same disclosure requirement of §D(1) of

this regulation with regard to unlicensed members of the group or

team as the licensee has with regard to members of the licensee's

firm.]

(1) A licensee seeking to acquire an interest in real property

must disclose the licensee’s licensing status in writing to the seller or

lessor of the property no later than the time that an offer is submitted.

(2) The disclosure requirement of §D(1) of this regulation also

applies when the licensee is acting on behalf of or representing:

(a) A member of the licensee’s immediate family; or

(b) An entity in which the licensee has an ownership

interest.

(3) An employee of a real estate brokerage or of a licensee

shall disclose that employment to the seller or lessor of the property

in accordance with §D(1) of this regulation.


1771


(4) A licensee seeking to sell or lease real property owned by

the licensee must disclose that ownership interest in writing at the

time that the property is offered for sale or lease.

(5) The disclosure requirement of §D(4) of this regulation also

applies when the licensee is acting on behalf of or representing:

(a) A member of the licensee’s immediate family; or

(b) An entity in which the licensee has an ownership

interest.

(6) An employee of a real estate brokerage or of a licensee

shall disclose that employment in accordance with §D(4) of this

regulation.

(7) Written notice required by §§D(4), (5), and (6) of this

regulation may be given through the multiple list service and through

any other written means effective in bringing the information to the

attention of prospective buyers or lessees.

(8) The licensee’s immediate family shall include the licensee’s

spouse or domestic partner, child, stepchild, child’s spouse,

stepchild’s spouse, parent, sibling, grandparent, or grandchild.

E. — I. (text unchanged)

J. NICHOLAS D’AMBROSIA

Chairman, Real Estate Commission

Title 10

DEPARTMENT OF HEALTH

AND MENTAL HYGIENE

Subtitle 09 MEDICAL CARE

PROGRAMS


[11-389-P]

The Secretary of Health and Mental Hygiene proposes to:

(1) Adopt new Regulations .01—.15 under a new chapter,

COMAR 10.09.37 Family Planning Program Eligibility; and

(2) Repeal existing Regulations .01 and .10, adopt new

Regulations .01 and .10, and amend Regulations .02 and .04—.06

under COMAR 10.09.58 Family Planning Program.


The purpose of this action is to alter the eligibility requirements

for family planning services under the Maryland Medical Assistance

Program by requiring the Program to provide those services

beginning January 1, 2012 to all women whose family income is at or

below 200 percent of the poverty level under certain circumstances,

and generally relating to eligibility for family planning services under

the Maryland Medical Assistance Program.




I. Summary of Economic Impact. Medicaid expenditures

increase by $10 million in total funds in FY 2013. The general fund

share of these expenditures is $1.8 million. The Department of Health

and Mental Hygiene (DHMH) plans to use budgeted general funds to

support the expansion in FY 2012.

Revenue (R+/R-)

II. Types of Economic

Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency:

(1) General Fund (E-) $1,834,434

(2) Federal Fund (R+) $8,356,866

(3) Federal Fund (E-) $8,356,866

B. On other State agencies: NONE

C. On local governments: NONE

Benefit (+)

Cost (-) Magnitude

D. On regulated industries

or trade groups: NONE

E. On other industries or

trade groups: NONE

F. Direct and indirect

effects on public: NONE

III. Assumptions. (Identified by Impact Letter and Number from

Section II.)

A(1), (2), and (3). Approximately 53,948 Maryland women ages

19 to 50 are uninsured and have incomes between 116 percent and

200 percent FPL; as many as 26,974 women will be eligible for and

enroll in the Medicaid family planning program; DHMH will

automatically enroll an additional 6,217 women who lose other

Medicaid coverage into the program; the per enrollee cost for family

planning services in fiscal 2012 will be $301; total family planning

service costs for the second half of fiscal 2012 will be $5,000,000;

approximately 80 percent federal matching rate will be provided for

family planning service costs; and a 50 percent federal match will be

provided for personnel, operating, and computer reprogramming

expenses.



businesses.




Comments may be sent to Michele Phinney, Director, Department of

Health and Mental Hygiene, 201 W. Preston Street, Baltimore, MD

21201, or call 410-767-6499, or email to [email protected], or fax

to 410-767-6483. Comments will be accepted through January 30, 2012.

A public hearing has not been scheduled.

10.09.37 Family Planning Program Eligibility

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

Maryland

.01 Purpose and Scope.

This chapter governs the determination of eligibility for the

Family Planning Program.

.02 Definitions.

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

indicated.


1772


B. Terms Defined.

(1) Applicant.

(a) "Applicant" means a woman whose written, signed

application for the Family Planning Program has been submitted to

the Department but has not received final action.

(b) “Applicant” includes a non-pregnant woman whose

application is submitted through an authorized representative.

(2) "Application" means the filing of a written and signed

application form for the Family Planning Program at the Department

or its designee.

(3) "Application date" means the date on which a written,

signed application is received by the Department.

(4) "Application form" means the form designated by the

Department to be completed, signed, and submitted to the

Department, or its designee, as an official application for the Family

Planning Program.

(5) “Authorized representative” means a spouse, legal

guardian, parent, individual with power of attorney, relative or other

individual designated in writing to the Department, authorized

concerning the applicant’s or recipient’s eligibility under this

chapter to:

(a) Act on an applicant’s or recipient’s behalf; and

(b) Assist with the application or redetermination process

and in other communication with the Department.

(6) “Continuing eligibility” means a recipient’s eligibility for a

subsequent certification period after the current certification period,

based on the Department’s redetermination of eligibility with respect

to a woman who is enrolled in Family Planning on the application

date.

(7) “Countable income” means income that is considered in

the determination of eligibility for the Family Planning Program.

(8) "Department" means the Department of Health and Mental

Hygiene as defined in COMAR 10.09.36.01, or its authorized agents

acting on behalf of the Department.

(9) "Determination" means a decision regarding an applicant's

eligibility for the Family Planning Program.

(10) “Disregard" means the amount of money specified by

regulation that can be subtracted from countable income.

(11) Earned Income.

(a) “Earned Income” means payment received by an

individual in cash as a result of employment, including self-

employment.

(b) “Earned Income” includes but is not limited to:

(i) Wages;

(ii) Salaries;

(iii) Commissions;

(iv) Tips; and

(v) Profit from self-employment.

(12) "Family Planning Program” means the program

established in Health–General Article, §15-103 et seq., Annotated

Code of Maryland to provide services related to contraceptive care to

women who meet the eligibility requirements specified in Regulation

.03 of this chapter.

(13) "Federal poverty level" means the poverty guidelines

updated periodically in the Federal Register by the U.S. Department

of Health and Human Services under the authority of 42 U.S.C.

§9902(2).

(14) “Household size” means:

(a) The applicant;

(b) The spouse who resides with the applicant; and

(c) Any children younger than 19 years old who resides with

the applicant.

(15) “Inmate in a public institution” has the meaning stated in

COMAR 10.09.24.05-5.

(16) “Medicare” means the medical insurance program

administered by the federal government under Title XVIII of the

Social Security Act, 42, §U.S.C. 1395 et seq.

(17) “Period under consideration” means the period of 6

months beginning on the first day of the month of the application

date, for which income is projected in order to determine eligibility

under this chapter.

(18) “Permanent sterilization” means a permanent form of

birth control.

(19) "Recipient" means a woman who is certified as eligible for

the Family Planning Program.

(20) "Redetermination" means a determination regarding the

continuing eligibility of a recipient.

(21) "Spouse" means an individual who has been determined to

be legally married to another individual under State law.

(22) "Unearned income" means all income which does not meet

the definition of earned income as defined in §B of this regulation.

.03 Eligibility for Family Planning Program Coverage.

A. In order to be determined eligible for benefits under the Family

Planning Program, an applicant:

(1) Shall:

(a) Have a household income that does not exceed 200

percent of the federal poverty level;

(b) Meet the following requirements:

(i) Citizenship requirements in COMAR 10.09.24.05;

(ii) Identity requirements in COMAR 10.09.24.05-1(a)—

(e) and (g); and

(iii) Residency requirements in COMAR 10.09.24.05-3;

and

(c) Be under 51 years of age; and

(2) May not:

(a) Be pregnant;

(b) Have a permanent sterilization;

(c) Be determined eligible for another Medical Assistance

Program;

(d) Be enrolled in Medicare; or

(e) Be an incarcerated inmate in a public institution as

defined in COMAR 10.09.24.05-5B.

B. An applicant whose income does not exceed 200 percent of the

federal poverty level and is determined eligible for pregnancy or

postpartum coverage under COMAR 10.09.11 shall be:

(1) Enrolled for 1 year without filing a separate application

after pregnancy related period of eligibility ends; and

(2) Redetermined for eligibility based on the criteria in §A of

this regulation.

.04 Application.

A. The Department shall:

(1) Determine initial and continuing eligibility;

(2) Give oral or written information about the eligibility

requirements, coverage, scope and related services of the Family

Planning Program, and a woman’s rights and obligations under the

Family Planning Program, to any individual requesting this

information; and

(3) Give a woman requesting Family Planning Program

coverage the opportunity to apply in accordance with the

requirements stated in COMAR 10.09.24.04C.

B. A woman who wishes to apply for the Family Planning

Program under this chapter shall submit a written, signed

application form to the Department. An applicant shall be

responsible for completing the application but may be assisted by

another individual of the applicant’s choice.

C. The date of the application will be the date on which a signed

application is received by the Department.


1773


D. A woman who applies for the Family Planning Program may

voluntarily withdraw that application; however the application form

will remain the property of the Department.

E. Time Limitations.

(1) When an application is filed with the Department, a

decision shall be made promptly but not later than 45 days from the

date the application is received, unless an extension is granted in

accordance with §F of this regulation.

(2) The time standards specified in §E(1) of this regulation

covers the period from the application date to the date the

Department’s notice of decision is mailed to the applicant.

(3) The Department shall request in writing missing

information needed to determine eligibility.

(4) When an applicant fails to complete the application form or

to provide the required information needed to determine eligibility

within the 45 day limit provided under §F(1) of this regulation, the

applicant shall be determined ineligible.

F. Extension of Time Limitations.

(1) The Department may approve an extension of the time

limitation specified in §E of this regulation if:

(a) The applicant or authorized representative is actively

attempting to establish the applicant’s or recipient’s eligibility but

has been unable to provide the required information or verification

through no fault of the applicant, recipient, or authorized

representative; or

(b) There is an administrative delay or other emergency

beyond the Department’s control.

(2) The Department shall document the reason for the

extension in the applicant’s or recipient’s case record.

(3) The Department shall deny or terminate eligibility under

the Family Planning Program when the criteria for the extension of

time limitation in §F(1) of this regulation cease to be met.

G. Required Information.

(1) The Department shall inform the applicant of the required

information and verifications needed to determine eligibility in

accordance with the requirements stated in COMAR

10.09.24.04J(3)(a), (b), and (d).

(2) The information needed by the Department is subject to

independent verification.

H. The Department shall maintain a case record including

documentation of the required elements of eligibility.

I. The Department shall restrict disclosures of information

concerning applicants in accordance with the requirements stated in

COMAR 10.09.24.04.

J. Eligibility may not be established until the applicant furnishes

or applies for a social security number in accordance with the

requirements stated in COMAR 10.09.24.04.

K. A recipient shall cooperate with the Department in completing

a form designated by the Department to report pertinent information

and in collecting available health insurance benefits and other third-

party payments.

.05 Consideration of Family Income.

A. In determining an applicant’s financial eligibility for the

Family Planning Program for applicants 19 years old or older and

for married applicants younger than 19 years old, the income of the

following individuals shall be considered:

(1) Applicant; and

(2) Spouse, if living in the home;

B. In determining an applicant’s financial eligibility for the

Family Planning Program, income is not considered for:

(1) An unmarried applicant younger than 19 years old; and

(2) The applicant’s children who are younger than 19 years old

and living in the home.

C. Regularity of Income. When an applicant or spouse with

countable income:

(1) Has regular income, the amount to be considered is that

which is available or can reasonably be expected to be available

during the period under consideration; or

(2) Is self-employed or has irregular or seasonal earnings, the

amount to be considered is the expected annual income based on the

prior year’s gross income.

D. Household Size. In determining household size, the following

individuals shall be considered:

(1) The applicant;

(2) The spouse, if living in the home; and

(3) The applicant’s children younger than 19 years old and

living in the home.

.06 Consideration of Family Income: Earned and Unearned

Income.

Earned and unearned income shall be considered in accordance

with the requirements for families and children as stated in COMAR

10.09.24.07, excluding §§E, F(3), J, L, M(3), and N.

.07 Consideration of Family Income: Income Disregards.

Income disregards shall be considered in accordance with the

requirements stated in COMAR 10.09.24.07M(2) and (4).

.08 Determining Financial Eligibility.

An applicant is financially eligible for the Family Planning

Program if the applicant's countable net family income as determined

under Regulations .05, .06 and .07 of this chapter does not exceed

200 percent of the federal poverty level.

.09 Certification Periods.

A. For a recipient, certification for initial eligibility begins not

sooner than the first day of the month of application.

B. A recipient’s eligibility under Regulation .03 of this chapter

will end as of the:

(1) End of a 12 month certification period;

(2) Date eligibility is determined in another Medicaid coverage

group;

(3) Date the Department receives notice of permanent

sterilization of a recipient;

(4) End of the month in which the recipient becomes age 51;

(5) Beginning of the month in which the recipient is enrolled in

Medicaid; or

(6) Date a recipient becomes an inmate in a public institution.

.10 Covered Services.

A Family Planning Program recipient shall be entitled to services

as stated in COMAR 10.09.58.

.11 Post–Eligibility Requirements.

A. The Department shall inform the applicant of the applicant’s

legal rights and obligations and give the applicant written

notification of the following:

(1) For an eligible woman:

(a) A finding of eligibility;

(b) The beginning and ending dates for coverage; and

(c) The right to request a hearing; and

(2) For an ineligible woman:

(a) A finding of ineligibility;

(b) The reason for the finding;

(c) The regulation supporting the finding; and

(d) The right to request a hearing.

B. Recipient Responsibility.

(1) A recipient shall notify the Department within 10 business

days of changes affecting the recipient’s eligibility.


1774


(2) A recipient shall limit use of the Family Planning card to

the woman whose name appears on the card.

(3) When written notice of cancellation is received, a recipient

shall discontinue use of the Family Planning card on the first day of

ineligibility.

(4) Failure to comply with the provisions of §B(1)—(3) of this

regulation may result in:

(a) Termination of assistance;

(b) Referral to the Department for fraud investigation, or for

criminal or civil prosecution; or

(c) Termination of assistance and referral to the Department

for fraud investigation, or for criminal or civil prosecution.

(5) A recipient shall cooperate with the State’s Medical

Assistance quality control review process, including verification of

information pertinent to the determination of eligibility.

(6) If the recipient refuses to cooperate, the recipient’s

coverage shall end subject to the regulation governing timely and

adequate notice under COMAR 10.09.24.13B.

C. Unscheduled Redeterminations.

(1) The Department shall promptly make an unscheduled

redetermination when:

(a) The woman’s circumstance suggests future changes

which may affect eligibility before the due date of a scheduled

redetermination;

(b) Relevant facts or changes in circumstances are reported

by the recipient or an authorized representative; or

(c) Relevant facts or changes are brought to the attention of

the Department from other responsible sources.

(2) The Department shall notify the recipient that a

redetermination shall establish continuing eligibility.

(3) The notice and reapplication packet shall be sent at least 10

days before the due date.

(4) The Department shall notify the recipient of the required

information and verifications needed to determine eligibility and the

time standards in acting in the redetermination process.

(5) The criteria for continuing eligibility shall be met.

(6) Eligibility Decisions.

(a) Recipients who are determined eligible for the remainder

of the certification period shall be sent a notice in accordance with

§A(1) of this regulation.

(b) Recipients determined ineligible for the remainder of the

certification period because of a change in circumstances or failure

to establish eligibility following a change in circumstances, shall be

sent a notice in accordance with §A(2) of this regulation.

(7) A woman may reapply after cancellation of current

eligibility, at which time a new period under consideration shall be

established.

D. Scheduled Redeterminations.

(1) The Department shall make a scheduled redetermination of

a woman’s eligibility once every 12 months.

(2) The Department shall notify the recipient that a

redetermination shall establish continuing eligibility.

(3) The notice and application shall be sent at least 60 days

before expiration of the current certification period.

(4) When the written, signed application is received by the

Department, a new period under consideration shall be set.

(5) The new period shall be related to the date the application

is received but may not include months in which the woman was

entitled to coverage under the current certification period.

(6) A recipient shall be treated the same as an applicant at the

time of scheduled redetermination.

(7) The nonfinancial and financial criteria of eligibility shall be

met.

(8) The Department shall make timely decisions in accordance

with the provisions of Regulation .04E of this chapter.

(9) Eligibility Decisions.

(a) Applicants who are determined eligible for a new

certification period shall be sent a notice in accordance with §A(1) of

this regulation.

(b) Applicants determined ineligible for a new certification

period shall be sent a notice in accordance with §A(2) of this

regulation.

.12 Hearings.

The requirements relating to hearings under COMAR 10.09.24.13

shall apply to this chapter.

.13 Fraud and Abuse.

The requirements relating to fraud and abuse under COMAR

10.09.24.14 and COMAR 10.09.24.14-1 shall apply to this chapter.

.14 Adjustments and Recoveries.

The requirements relating to adjustments and recoveries under

COMAR 10.09.24.15, excluding COMAR 10.09.24.15A(2)—(3) and

COMAR 10.09.24.15A(3), shall apply to this chapter.

.15 Interpretive Regulation.

State regulations shall be interpreted in conformity with

applicable federal statutes and regulations.

10.09.58 Family Planning Program

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


.01 Purpose and Scope.

A. This chapter governs the coverage of services for the Medical

Assistance Family Program.

B. Eligibility shall be established for women according to COMAR

10.09.37.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(3) “Early and Periodic Screening, Diagnostic and Treatment

(EPSDT)” means the provision to individuals younger than 21 years

old, of preventative health care under 42CFR §441.50 et seq. as

amended, and other health care services, diagnostic services, and

treatment services that are necessary to correct or ameliorate defects

and physical and mental illnesses and conditions discovered by

EPSDT screening services.

[(3)] (4)—[(9)] (10) (text unchanged)

(11) "Medicare" means the insurance program administered

by the federal government under Title XVIII of the Social Security

Act, 42 U.S.C. §1395 et seq.

[(10)] (12)—[(14)] (16) (text unchanged)

[(15)] (17) "Recipient" means a woman who is certified as

eligible for the Program according to COMAR 10.09.37.

.04 Conditions of Participation.

A.—C. (text unchanged)

D. Providers shall accommodate the cultural and ethnic diversity

of the populations to be served.

.05 Covered Services.

The following services are covered under this chapter:

A.—E. (text unchanged)


1775


F. Permanent sterilization only when performed according to

criteria in 42 CFR Part 441, Subpart F, Sterilizations, as amended,

and when the appropriate forms are [properly]:

(1) Properly completed; and [attached to the invoice]

(2) Available in the medical record for review.

.06 Limitations.

A. The following services are not covered:


(3) Transportation services;

(4) EPSDT services;

(5) Services delivered in a hospital or ambulatory surgical

center other than:

(a) Permanent sterilizations; and

(b) A hysterosalpingogram following the Essure procedure;

[(3)] (6)—[(4)] (7) (text unchanged)

B.—G. (text unchanged)

.10 Appeal Procedures.

The requirements related to appeal procedures under COMAR

10.09.36 and 10.09.37 apply to this chapter.



Subtitle 24 MARYLAND HEALTH

CARE COMMISSION

10.24.17 State Health Plan for Facilities and

Services: Specialized Health Care Services —

Cardiac Surgery and Percutaneous Coronary

Intervention Services

Authority: Health-General Article, §§19-109(a)(1) and 19-118, Annotated

Code of Maryland


[11-381-P-I]

The Maryland Health Care Commission proposes to amend

Regulation .01 under COMAR 10.24.17 State Health Plan for

Facilities and Services: Specialized Health Care Services —

Cardiac Surgery and Percutaneous Coronary Intervention

Services. This action was considered by the Commission at an open

meeting on November 17, 2011, notice of which was given through

publication in the Maryland Register, pursuant to State Government

Article, §10-506, Annotated Code of Maryland.


The purpose of this action is to establish a process by which an

interventional cardiologist who has not performed the required

number of percutaneous coronary intervention (PCI) cases during a

12-month period that includes a leave of absence of less than 12

months from clinical practice may resume performing PCI in a

hospital that may only provide the service through a waiver issued by

the Commission. A hospital without on-site cardiac surgery may

apply to the Commission for a waiver to provide primary PCI, or

emergency angioplasty, services in the setting of a community

hospital. The hospital must document that it has adequate physician,

nursing, and technical staff to provide primary PCI services to acute

myocardial infarction patients 24 hours per day, 7 days per week. For

physician resources, the hospital must maintain a minimum of three

interventional cardiologists who meet certain requirements, including

performing at least 75 total PCI cases per year. This threshold was set

based on American College of Cardiology and American Heart

Association (ACC/AHA) recommendations.







businesses.




Comments may be sent to Dolores Sands, Chief, Specialized

Health Care Services, Maryland Health Care Commission, 4160

Patterson Ave, Baltimore, Maryland 21215, or call (410) 764-3371,

or fax to (410) 358-1311. Comments will be accepted through 4:30

p.m. on January 31, 2012. A public hearing has not been scheduled.

Open Meeting

Final action on the proposal will be considered by the Maryland

Health Care Commission during a public meeting to be held on

February 16, 2012, at 4160 Patterson Ave, Conference Room 100,

Baltimore, Maryland 21215.

Editor’s Note on Incorporation by Reference

Pursuant to State Government Article, §7-207, Annotated Code of

Maryland, the State Health Plan for Facilities and Services:

Specialized Health Care Services—Cardiac Surgery and

Percutaneous Coronary Intervention Services Supplement 2has been

declared a document generally available to the public and appropriate

for incorporation by reference. For this reason, it will not be printed

in the Maryland Register or the Code of Maryland Regulations

(COMAR). Copies of this document are filed in special public

depositories located throughout the State. A list of these depositories

was published in 38:3 Md. R. 145 (January 28, 2011), and is

available online at www.dsd.state.md.us. The document may also be

inspected at the office of the Division of State Documents, 16 Francis

Street, Annapolis, Maryland 21401.

.01 Incorporation by Reference.

The State Health Plan for Facilities and Services: Specialized

Health Care Services — Cardiac Surgery and Percutaneous Coronary

Intervention Services, including Supplement No. [1] 2, is

incorporated by reference.



Subtitle 27 BOARD OF NURSING

10.27.21 Registered Nurse – Forensic Nurse

Examiner

Authority: Health Occupations Article, §8-205 (a)(2) and (5), Annotated Code of Maryland


[11-385-P]

The Department of Health and Mental Hygiene proposes to amend

Regulations .02—.05 and .07, repeal existing Regulation .06 and

adopt new Regulation .06, adopt new Regulation .08, and recodify

existing Regulation .08 to be Regulation .09 under COMAR


1776


10.27.21 Registered Nurse—Forensic Nurse Examiner. This

action was considered by the Maryland Board of Nursing at a public

meeting held on September 27, 2011, notice of which was given by

publication on the Board’s website under Board news on August 1,

and September 1, 2011.


The purpose of this action is to: (1) Add definitions; (2) Clarify

the age for adult and pediatric patients; (3) Amend the regulation for

certification by endorsement to clarify what qualifications are

necessary for certification by endorsement; (4) Add a new regulation

with requirements for reinstatement of a certified forensic nurse

examiner who does not meet the requirements for renewal under

Regulation .07 of this chapter; (5) Add provisions for the peer review

of SAFE cases as a requirement of renewal; and (6) Make clarifying

and technical changes.




I. Summary of Economic Impact. The peer review process may

require some additional staff hours. The number of hours required for

each forensic examiner could be as few as 1 hour or as much as 6

hours. Each SAFE program has a different number of nurse

examiners with unknown hourly wages. Some programs are already

doing peer review on some or all of their cases and there may not be

any additional cost for those programs. Currently all SAFE programs

are located at hospitals.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: NONE



Benefit (+)

Cost (-) Magnitude


or trade groups: (+) Indeterminable


trade groups: NONE


effects on public: (+) Indeterminable


Section II.)

D. Currently all SAFE programs are located in hospital settings.

The amended regulations require peer review of 3 adult cases for

every RN-FNE-A and three cases for every RN-FNE-P or 6 cases for

and RN-FNE-AP as a requirement for renewal. The estimate for cost

depends on the unknown number of forensic examiners in each

program and their hourly wage. Some cases could take as little as 20

minutes to review and others could take as much as an hour to review

if more time is required to discuss the review with the forensic nurse

examiner.

F. There could be a direct or indirect economic impact on

members of the public if they are responsible for the cost of a

forensic examination.



businesses.




Comments may be sent to Michele Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health and

Mental Hygiene, 201 W. Preston St., Room 512, Baltimore,

Maryland 21201, or call 410-767-6499 (TTY 800-735-2258), or

email to [email protected], or fax to 410-767-6483. Comments

will be accepted through January 30, 2012. A public hearing has not

been scheduled.

.02 Definitions.

A. (text unchanged)

B. Terms Defined.


(4) “Clinical preceptor” means an RN-FNE or physician who

has credentials and experience in forensic examinations.


[(5) Forensic Evidentiary Examination.

(a) "Forensic evidentiary examination" means an

examination for the purpose of gathering, labeling, preserving, and

handling evidence.

(b) "Forensic evidentiary examination" includes:

(i) Photographic and written descriptive documentation

of the findings;

(ii) A general health and assault history interview; and

(iii) A physical assessment which may include but is not

limited to skin surface examination, oral examination, genital

examination, anal examination, and speculum vaginal examination.]

(5) “Forensic evidentiary examination” means an examination

for the purpose of gathering, labeling, preserving, and handling

evidence that includes, but is not limited to:

(a) Photographic and written descriptive documentation of

the findings;

(b) A general health and assault history interview; and

(c) A physical assessment which may include, but is not

limited to:

(i) Skin surface examination;

(ii) Oral examination;

(iii) Genital examination;

(iv) Anal examination; and

(v) Speculum vaginal examination.

(6) “Gynecological Urological teaching associate (GUTA)”

means an adult who is trained to teach techniques for performing

gender-specific physical examination to health care trainees, using

self as a demonstration and practice model with emphasis on

teaching from the patient perspective.

(7) “Peer review” means a process by which an RN-FNE’s

clinical examination and documentation is reviewed by one or more

peers who are authorized to perform the duties of an RN-FNE.

[(6)] (8)—[(7)] (9) (text unchanged)

(10) “Program coordinator” means an RN-FNE designated by

the facility to manage and oversee the SAFE program.


(12) “Refresher course” means a curriculum that:

(a) Includes didactic and clinical education; and

(b) Meets the practice requirements for reinstatement of

certification as an RN-FNE.



1777


(14) “RN-FNE Educator” means an individual who is:

(a) Currently licensed and certified in Maryland as a:

(i) Registered Nurse Forensic Examiner — Adult (RN-

FNE-A);

(ii) Registered Nurse Forensic Examiner — Pediatric

(RN-FNE-P); or

(iii) Registered Nurse Forensic Examiner — Adult and

Pediatric (RN-FNE- AP); and

(b) Qualified to teach the theoretical and clinical portions of

the RN-FNE training program.

[(10)] (15)—[(12)] (17) (text unchanged)

[(13)] (18) "SAFE" means a registered nurse who was certified

by the Board before December 13, 1999, as a sexual assault forensic

examiner under this chapter.

(19) “SAFE program” means a facility authorized by the

Department of Health and Mental Hygiene to provide forensic

nursing services.


(21) “SANE-A” means a forensic nurse examiner certified by

the International Association of Forensic Nurses (IAFN) to perform a

forensic evidentiary examination on adults and individuals 13 years

old or older.

(22) “SANE-P” means a forensic nurse examiner certified by

the IAFN to perform a forensic evidentiary examination on children

who are younger than 13 years of age.

(23) "Simulation” means the utilization of an adult

anatomically correct manikin or a GUTA in the performance of a

forensic evidentiary examination.

(24) “Training program” means the instructional process

utilizing the standardized curriculum approved by the Board.

.03 Authorization to Practice.

A. (text unchanged)

B. An applicant for certification to practice as an RN-FNE-A, RN-

FNE-P or RN-FNE-AP shall:


(3) Complete a training program [of instruction] that includes a

standardized curriculum approved by the Board and designed for the

RN-FNE-A;

(4) [If applying for certification as a RN-FNE-P or RN-FNE-

AP, complete two programs of instruction approved by the Board, the

first designed for the RN-FNE-A and an additional program designed

for the RN-FNE-P] An applicant for certification as an RN-FNE-P or

RN-FNE-AP, shall complete a training program that includes the

following standardized curricula approved by the Board:

(a) The standardized curriculum designed for the RN-FNE-

A; and

(b) The standardized curriculum designed for the RN-FNE-

P;


C. A registered nurse who has been certified by the Board as a

SAFE [before the effective date of these regulations] on or after

December 13, 1999 may be certified to practice as an RN-FNE-A,

RN-FNE-P, or RN-FNE-AP if the individual:


D. (text unchanged)

.04 Scope and Standards of Practice.

A. An RN-FNE may perform the following tasks and functions

with respect to the age group for which the RN-FNE is certified

under Regulation .03 of this chapter:


(6) Gather, preserve, handle, document, and label forensic

evidence, including but not limited to:

(a) Labeling evidence collection containers with the patient's

[identification factors including police complaint number] identifying

data per local jurisdiction requirements;

(b)—(e) (text unchanged)


B. Clinical Practice Guidelines. An RN-FNE may practice only in

a clinical setting in which clinical policy and practice guidelines:


(3) Identify the department in which [the] an RN-FNE shall

function; and

(4) Designate a [clinical director or] program coordinator who

has experience in forensic evidentiary examinations [and who shall]

to administer the RN-FNE training program[; and].

[(5) Require that a Board-certified RN-FNE:

(a) Has responsibility for oversight and administration of the

facility's RN-FNE instructional program and the practice of the

facility's RN-FNE;

(b) Verifies the qualifications and certifications of the RN-

FNEs practicing in the facility;

(c) Administers and manages the RN-FNE practice;

(d) Approves practice protocols and standards of care for

RN-FNE practice;

(e) Interfaces with law enforcement, State's attorney offices,

and community resource groups;

(f) Implements the facility's Board-approved RN-FNE

training program or programs; and

(g) Facilitates reimbursement for RN-FNE services by

cooperating with the facility's billing department and interacting with

the State reimbursement system.

C. The RN-FNE shall comply with all federal and Maryland

statutes and regulations governing registered nurse practice.]

C. The program coordinator:

(1) Is responsible for obtaining Board approval of the

curriculum before conducting a training program;

(2) Has responsibility for oversight and administration of the

facility's RN-FNE training program and the practice of the facility's

RN-FNE’s;

(3) Verifies the qualifications and certifications of any RN-FNE

practicing in the facility;

(4) Administers and manages the RN-FNE practice;

(5) Approves practice protocols and standards of care for RN-

FNE practice;

(6) Shall develop a peer review process that includes, but is not

limited to:

(a) Coordinating the peer review of cases;

(b) Ensuring that the peer review is consistent with the

standardized data collection process;

(c) Ensuring that a peer reviewer meets the qualifications in

Regulation .05 of this chapter; and

(d)Using the standardized form for peer review that is

required by the Board;

(7) Interfaces with law enforcement, the State's attorney, and

community resource groups;

(8) Implements the facility's Board-approved RN-FNE

curricula; and

(9) Facilitates reimbursement for RN-FNE services by

cooperating with the facility's billing department and interacting with

the State reimbursement system.

D. An RN-FNE shall comply with all State and federal statutes

and regulations related to the RN-FNE practice.


1778


.05 Standards for [Instructional] Training Programs.

A. The Board shall approve two [uniform registered nurse-forensic

nurse examiner (RN-FNE) training program curriculums,] RN-FNE

standardized curricula as follows:

(1) An RN-FNE-Adult [training program] curriculum [directed

toward examinations] for the examination of adults and individuals

13 years old or older; and

(2) An RN-FNE-Pediatric [training program] curriculum

[directed toward examinations] for the examination of children who

are younger than 13 years old.

B. The RN-FNE training programs shall:

(1) Teach the Board-approved curriculum in forensic nurse

practice and [sexual assault] forensic evidentiary examinations; and

(2) Submit the qualifications and curriculum vitae of each

faculty member [for] to the Board [approval] for review before

implementation of the [course] training program.

C.—E. (text unchanged)

F. All clinical requirements for an FNE training program shall be

completed within a 12-month period.

G. Faculty Qualifications.

(1) An RN-FNE educator who meets the requirements of this

section or a physician whose credentials demonstrate experience in

the skills required in forensic evidentiary examinations is qualified to

teach both theory and clinical portions of the curriculum and may

serve as clinical preceptor for the clinical practicum of the [Program]

training program.

(2) An RN-FNE educator who teaches in an RN-FNE training

program or is the clinical preceptor of the training program shall:

(a)—(d) (text unchanged)

(3) The clinical preceptor for the clinical practicum of the

training program shall document the clinical competency of the RN-

FNE candidate at the completion of the clinical practicum.

H. (text unchanged)

.06 Certification by Endorsement.

A. Endorsement Applicant.

(1) In addition to the requirement listed in Regulation .03 of

this chapter and COMAR 10.27.01.09, an applicant from another

state applying for certification to practice as a RN-FNE, RN-FNE-P,

or RN-FNE-AP shall:

(a) Meet all applicable requirements in §§B—C of this

regulation;

(b) Provide evidence of an active practice as a sexual

assault nurse examiner which meets the requirements for renewal of

certification as stated in Regulation .07 of this chapter;

(c) Demonstrate competency of a three orifice evidentiary

examination by simulation as verified by a Board approved RN-FNE

educator;

(d) Complete the endorsement process within 6 months from

the date of initial application;

(e) Complete in full the application for certification in the

area of specialization; and

(f) Pay all fees established by the Board in COMAR

10.27.01.02.

(2) An applicant who does not meet the requirements for

renewal under Regulation .07 of this chapter shall complete a Board

approved refresher course which is 6.5 hours of didactic education

including, but is not limited to:

(a) Evidence based best practice for forensic evidentiary

examination;

(b) Evidence collection;

(c) Local jurisdiction requirements; and

(d) Maryland criminal law.

(3) An applicant who fails to meet the criteria for endorsement

shall meet the requirements in Regulation .03 of this chapter.

B. An applicant from another state applying for certification to

practice as a RN-FNE shall submit evidence of prior training and

certification by providing the Board with:

(1) A current national SANE-A or SANE-P certification, or

both, from IAFN; or

(2) Proof of successful completion of a SANE-A or RN-FNE-A,

adult curriculum which is:

(a) Substantially equivalent to the Board’s approved RN-

FNE-A curriculum; and

(b) A minimum of 80 clock hours that includes:

(i) A minimum of 40 clock hours of theory; and

(ii) A minimum of 40 clock hours of clinical experience

with adults and individuals 13 years of age or older.

C. An applicant from another state applying for certification to

practice as a RN-FNE-P or RN-FNE-AP, shall submit proof of

successful completion of the following two curricula:

(1) A SANE-A curriculum as referenced in §A(1) of this

regulation; and

(2) A SANE-P or RN- FNE-P, pediatric curriculum that is:

(a) Substantially equivalent to the Board-approved RN-

FNE-P curriculum; and

(b) A minimum of 62 clock hours of instruction that

includes:

(i) A minimum of 32 clock hours of theory; and

(ii) A minimum of 30 clock hours of pediatric clinical

experience with individuals who are younger than 13 years of age.

.07 Renewal of Certification.

A. (text unchanged)

B. Before the certification to practice as an RN-FNE expires, the

individual may renew for an additional term, if the RN-FNE:


(3) During the previous 12 months, in a facility recognized to

perform sexual assault forensic evidentiary examinations, has either:

(a) Completed the following evidentiary examinations:

(i) If applying for renewal as an RN-FNE-A, three

evidentiary examinations on [adults] adult patients 13 years of age or

older by simulation;

(ii) (text unchanged)

(iii) If applying for renewal as an FNE-AP, three

evidentiary examinations on children who are younger than 13 years

old, and an additional three evidentiary examinations on [adults]

adult patients 13 years of age or older by simulation, for a total of six

evidentiary examinations performed; or

(b) Completed the following requirements:

(i) If applying for renewal as an RN-FNE-A, performed

ten speculum examinations and observed three evidentiary

examinations on [adults] adult patients 13 years of age or older;

(ii) If applying for renewal as a RN-FNE-P, has observed

three evidentiary examinations on children who are younger than 13

years old; [or]

(iii) If applying for renewal as an FNE-AP, [observed]

has observed three evidentiary examinations on children who are

younger than 13 years old, [observed] has observed an additional

three evidentiary examinations on [adults] adult patients 13 years of

age or older, and [perform] performed ten speculum examinations on

[adults] adult patients 13 years of age or older, for a total of six

evidentiary examinations observed and ten speculum examinations

performed; and

(iv) Have a minimum number of cases submitted to peer

review annually in accordance with §C of this regulation.



1779


C. Peer Review.

(1) As a condition of renewal, the following number of cases

shall be submitted to peer review:

(a) Three cases for an RN-FNE-A;

(b) Three cases for an RN-FNE P; and

(c)Three adult cases and three pediatric cases for a total of

six cases for an RN-FNE-AP.

(2) An examination done by simulation may be included in the

cases for peer review.

[C.] D. (text unchanged)

[D.] E. With respect to the requirement set forth in §B(3) of this

regulation, an examination performed on a live model or by

simulation may [not] substitute for evidentiary examinations for

[purposes] the purpose of certificate renewal.

.08 Reinstatement of Certification.

A. If the applicant does not meet the requirements in Regulation

.07 of this chapter, the applicant may apply for re-instatement if the

applicant:

(1) Has a current, active RN license;

(2) Has not practiced as a RN-FNE for more than 36 months;

(3) Has successfully completed a Board-approved refresher

course that is 6.5 hours of didactic instruction for the RN-FNE which

includes, but is not limited to:

(a) Evidence based best practice for forensic evidentiary

examination;

(b) Evidence collection;

(c) Local jurisdiction requirements; and

(d) Maryland criminal law; and

(4) Has demonstrated clinical competency of a three orifice

evidentiary examination for:

(a) An adult patient 13 years of age or older or by

simulation for certification as an RN-FNE-A;

(b) Children younger than 13 years of age for certification

as an RN-FNE-P; or

(c) An adult patient 13 years of age or older by simulation

and by patient examination on children younger than 13 years of age

or older for certification as an RN- FNE-AP.

B. An applicant for reinstatement of certification has 6 months

from the date of initial application to complete the reinstatement

process.

C. An applicant who fails to meet the criteria for reinstatement of

the certification shall meet the requirements in Regulation .03 of this

chapter.

JOSHUA M SHARFSTEIN, M.D.


Subtitle 42 BOARD OF SOCIAL WORK

EXAMINERS

10.42.09 Disciplinary Sanctions and Monetary

Penalties

Authority: Health Occupations Article, §§19-311 and 19-311.1, Annotated

Code of Maryland


[11-384-P]

The Secretary of Health and Mental Hygiene proposes to adopt

new Regulations .01—.06 under a new chapter, COMAR 10.42.09

Disciplinary Sanctions and Monetary Penalties. This action was

considered by the Board of Social Work Examiners at a public

meeting on October 14, 2011, notice of which was given by

publication in 38:21 Md. R. 1334 (October 7, 2011), pursuant to State

Government Article, §10-506(c)(1), Annotated Code of Maryland.


The purpose of this action is to implement standardized guidelines

for sanctioning licensees who are found by the Board of Social Work

Examiners to be in violation of the Maryland Social Work Act or

COMAR 10.42.







businesses.




Comments may be sent to Michele A. Phinney, Director, Office of

Regulation and Policy Coordination, Department of Health and

Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD

21201, or call 410-767-6499; TTY:800-735-2258, or email to

[email protected], or fax to 410-767-6483. Comments will be

accepted through January 30, 2012. A public hearing has not been

scheduled.

.01 Scope.

This chapter establishes standards for sanctions and monetary

penalties not exceeding $5,000 against any social worker in the State

if, after a hearing, the Board finds that there are grounds under

Health Occupations Article, §19-311.1, Annotated Code of

Maryland, to impose a sanction or monetary penalty.

.02 Definitions.

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

indicated.

B. Terms Defined.

(1) "Board" means the State Board of Social Work Examiners.

(2) "License" means a license issued by the Board to practice

social work.

(3) "Licensee" means a social worker who is licensed by the

Board to practice social work.

(4) "Penalty" means monetary penalty.

(5) “Sanction” means a formal disciplinary action against a

license such as a reprimand, probation, suspension or revocation.

.03 Imposition of a Penalty after a Hearing.

If, after a hearing under Health Occupations Article, §19-312,

Annotated Code of Maryland, the Board finds that there are grounds

under Health Occupations Article, §19-311, Annotated Code of

Maryland, to suspend or revoke a license, the Board may impose a

penalty as set forth in this chapter:

A. Instead of, or in addition to, suspending the license; or

B. In addition to revoking the license.

.04 Guidelines for Disciplinary Sanctions and Imposition of

Penalties.

A. Subject to the provisions of this section, the Board may impose

sanctions and penalties for violations of the Maryland Social

Workers Act and its regulations according to the guidelines set forth

in the following chart:


1780


VIOLATION

Minimum

SANCTION/PENALTY

Maximum

SANCTION/PENALTY

(1) Fraudulently

or deceptively

obtains, attempts

to obtain

Active suspension for

90 days, or $1,000

fine, or both

Denial of a license

application or

revocation,

or $5,000 fine, or both

(2) Fraudulently

uses a license


90 days, or $1,000

fine, or both

Denial of a license

application or

revocation,


(3) Physical or

mental

incompetence

Probation of 1 year Denial of license

application or

revocation

(4) Commits any

act of gross

negligence,

incompetence, or

misconduct in the

practice of social

work

Probation for 1 year,

or $500 fine, or both

Revocation, or $5,000

fine, or both

(5) Knowingly

violates any

provision of

Health

Occupations

Article, Title 19,

Annotated Code of

Maryland




fine, or both

(6) Engages in a

course of conduct

that is inconsistent

with generally

accepted

professional

standards in the

practice of social

work




fine, or both

(7) Violates any

provision of this

title or regulations

governing the

practice of social

work adopted and

published by the

Board

Reprimand, or $100

fine, or both


fine, or both

(8) Is convicted of

or pleads guilty or

nolo contendere to

a felony or crime

of moral turpitude



Denial of license

application or

revocation, or $5,000

fine, or both

(9) Provides

professional

services while:

under the

influence of

alcohol; or using

any narcotic or

controlled

dangerous

substance




fine, or both

(10) Reciprocal

discipline

Reprimand, or $100

fine, or both

Denial of license

application or


fine, or both

(11) Practices

social work with

an unauthorized

person or

supervises or aids

an unauthorized

person in the

practice of social

work

Reprimand, or $500

fine,

or both


fine, or both

(12) Knowingly

makes or files a

false report in the

practice of social

work




fine, or both

(13) Knowingly

fails to file or

record any report

as required under

law

Reprimand, or $100

fine, or both


fine, or both

(14) Knowingly

fails to report

suspected child

abuse in violation

of Family Law

Article, §5-704,

Annotated Code of

Maryland

Reprimand, or $100

fine, or both


fine, or both

(15) Submits a

false statement to

collect a fee




fine, or both

(16)

Discrimination

Reprimand, or $100

fine, or both

Probation for 2 years,


(17) Failure to

cooperate with a

lawful

investigation

conducted by the

Board

Reprimand, or $100

fine, or both

Denial of license

application or


fine, or both

(18)

Exploitation/undue

influence


1 year, or $1,000 fine,

or both


fine, or both

(19) Knowingly

fails to report

suspected abuse or

neglect of a

vulnerable adult in

violation of

Criminal Law

Article, §3-604 or

3-605, Annotated

Code of Maryland

Reprimand, or $100

fine, or both


fine, or both

(20) Fails to

comply with the

requirements of

any order entered

by the Board

Reprimand, or $1,000

fine, or both

Denial of license

application or


fine, or both

(21) Record-

keeping violations

Reprimand Probation for 2 years

(22) Sexual

misconduct or

Reprimand, or $100

fine, or both


fine, or both


1781


boundary

violations within

the professional

relationship

(23) Violations of

COMAR 10.42.03

Code of Ethics

Reprimand, or $100

fine, or both


fine, or both

B. If a licensee is found in violation of more than one category

enumerated in this chapter, the category or categories containing the

highest maximum sanction and penalty shall prevail.

C. Notwithstanding the guidelines set forth in this chapter, in

order to resolve a pending disciplinary action, the Board and

licensee may agree to a surrender of license or a consent order with

terms, sanction, and penalty agreed to by the Board and the licensee.

D. A departure from the guidelines set forth in this chapter alone

is not grounds for any hearing or appeal of a Board action.

.05 Mitigating and Aggravating Factors to be Considered in the

Assessment of the Sanction.

Depending on the facts and circumstances of each case, and to the

extent that they apply, the Board may consider the following

aggravating and mitigating factors in determining whether the

sanction in a particular case should fall outside the range of

sanctions established by the guidelines. These factors may include,

but are not limited to, the following:

A. Mitigating Factors:

(1) The licensee’s lack of a prior disciplinary record;

(2) The licensee self-reported the violation to the Board;

(3) The licensee’s full and voluntary admissions of misconduct

to the Board and cooperation during Board proceedings;

(4) Implementation of remedial measures to correct or mitigate

harm arising from the misconduct;

(5) Timely good-faith effort to make restitution or to rectify

consequences of misconduct;

(6) Evidence of rehabilitation or rehabilitative potential;

(7) Absence of premeditation to commit the misconduct;

(8) Absence of potential harm to public or adverse impact; and

(9) The licensee’s conduct was an isolated incident and not

likely to recur.

B. Aggravating Factors:

(1) The licensee has a previous criminal or administrative

disciplinary history;

(2) The violation was committed deliberately or with gross

negligence or recklessness;

(3) The violation had the potential for, or caused, serious

patient or public harm;

(4) The violation was part of a pattern of detrimental conduct;

(5) The licensee was motivated to perform the violation for

financial gain;

(6) The vulnerability of the clients;

(7) The licensee lacked insight into the wrongfulness of the

conduct;

(8) The licensee committed the violation under the guise of

treatment; and

(9) Previous attempts at rehabilitation of the licensee were

unsuccessful.

C. The existence of one or more of these factors does not impose

on the Board or an Administrative Law Judge any requirement to

articulate its reasoning for not exercising its discretion to impose a

sanction outside of the range of sanctions set forth in this chapter.

D. Nothing in this regulation requires the Board or an

Administrative Law Judge to make findings of fact with respect to any

of these factors.

.06 Payment of Penalty.

A. A licensee shall pay to the Board a penalty imposed under this

chapter as of the date the Board's order is issued, unless the Board's

order specifies otherwise.

B. Filing an appeal under State Government Article, §10-222,

Annotated Code of Maryland, or Health Occupations Article, §19-

313, Annotated Code of Maryland, does not automatically stay

payment of a penalty imposed by the Board under this chapter.

C. If a licensee fails to pay, in whole or in part, a penalty imposed

by the Board under this chapter, the Board may not restore, reinstate,

or renew a license until the penalty has been paid in full.

D. In its discretion, the Board may refer all cases of delinquent

payment to the Central Collection Unit of the Department of Budget

and Management to institute and maintain proceedings to ensure

prompt payment.

E. The Board shall pay all monies collected under this chapter

into the State's General Fund.

JOSHUA M. SHARFSTEIN, MD


Title 14

INDEPENDENT AGENCIES

Subtitle 09 WORKERS'

COMPENSATION COMMISSION

14.09.01 Procedural Regulations

Authority: Authority: Health-General Article, §4-303; Labor and Employment Article, §§9-307, 9-309, 9-310.2, 9-314, 9-404, 9-405, 9-410, 9-603, 9-625, 9-

635, 9-689, 9-701, 9-709, 9-710, 9-711, 9-721, 9-731, 9-739, and 9-6A-07;

Insurance Article, §§19-405 and 19-406; State Government Article, §10-1103; Annotated Code of Maryland


[11-323-P]

The Workers' Compensation Commission proposes to amend

Regulation .06 and adopt new Regulation .06-1 under COMAR

14.09.01 Procedural Regulations. This action was considered at an

open meeting held on November 10, 2011, notice of which was given

by publication in 38:22 Md. R. (October 21, 2011) pursuant to State

Government Article §10-506(c), Annotated Code of Maryland.


The purpose of this action is to implement the statutory changes

made by the General Assembly in the 2011 Session laws, Chapter

436. These statutory changes, effective October 1, 2011, concern the

death benefits paid to surviving dependents. The law also enables

counties and municipal governments to opt in to the new death

benefits scheme







businesses.




1782



Comments may be sent to Amy S. Lackington, Administrator,

Workers' Compensation Commission, 10 E. Baltimore Street,

Baltimore, MD 21202, or call 410-864-5300, or email to

[email protected], or fax to 410-864-5301. Comments

will be accepted through January 30, 2012. A public hearing has not

been scheduled.

Editor’s Note: The text of this document will not be printed here

because it appeared as a Notice of Emergency Action in 38:23 Md. R.

1417—1418 (November 4, 2011), referenced as [11-323-E].

R. KARL AUMANN

Chairman

Workers’ Compensation Commission

Title 20

PUBLIC SERVICE

COMMISSION

Subtitle 61 RENEWABLE ENERGY

PORTFOLIO STANDARD PROGRAM

20.61.02 Certifiable Renewable Energy Facilities

Authority: Public Utilities Article, §§2-121, 5-101, and 7-701 - 7-713,



[11-386-P]

The Public Service Commission proposes to amend Regulation

.01 under COMAR 20.61.02 Certifiable Renewable Energy

Facilities. This action was considered at a scheduled rule making

meeting on November 16, 2011, notice of which was given under

State Government Article, §10-506, Annotated Code of Maryland


The purpose of this action is to comply with House Bill 933

establishing a mechanism to process applications applying for a

Renewable Energy Facility (REF) certificate for an owner/operator of

a solar water heating system commissioned on or after June 1, 2011

to qualify as a Renewable Energy Facility under certain terms and

conditions.




I. Summary of Economic Impact. Two persons are required to

be employed to operate the process that will be used to issue

Renewable Energy Facility Certificates.

Revenue (R+/R-)


Impact.

Expenditure

(E+/E-) Magnitude

A. On issuing agency: (E+) Indeterminable



Benefit (+)

Cost (-) Magnitude


or trade groups: NONE


trade groups: NONE




Section II.)

A. The agency must hire two people to operate the process that

will be used to issue Renewable Energy Facility Certificates


The proposed action has a meaningful economic impact on small

business. An analysis of this economic impact follows.

Small businesses will reap the benefits of additional business

opportunities due to the incentives provided by certification of Solar

Water Heating Systems.




Comments may be sent to David J. Collins, Executive Secretary,

Public Service Commission, William Donald Schaefer Tower, 6 St.

Paul Street, Baltimore, Maryland 21202-6806, or call 410-767-8067.

Comments will be accepted through January 30, 2012. A public

hearing has not been scheduled.

.01 Application Requirements.

A.—D. (text unchanged)

E. In addition to the requirements of §A of this regulation, an

owner and operator applicant for certification as a renewable energy

facility that consists of glazed liquid-type flat-plate or tubular solar

collectors for a solar water heating system installed for residential

use, and commissioned on or after June 1, 2011, shall file:

(1) A Project Owner/Installer Affidavit;

(2) A copy of the local building permit final approval; and

(3) The system technical documentation:

(a) A copy of the SRCC OG-300 System Specification with

annual estimated energy savings; or

(b) The system component specifications including:

(i) A copy of the SRCC OG-100 Collector Thermal

Performance Rating; and

(ii) The manufacturer and model number of the on-site

meter that meets the required performance standards of the

International Organization of Legal Metrology and measures the

energy savings of a single tank system on the solar loop of the system.


1783


F. In addition to the requirements of §A of this regulation, an

owner and operator applicant for certification as a renewable energy

facility that consists of glazed liquid-type flat-plate or tubular solar

collectors for a solar water heating system installed for non-

residential and commercial use, and commissioned on or after June

1, 2011, shall file:

(1) A Project Owner/Installer Affidavit;

(2) A copy of the local building permit final approval; and

(3) The system component specifications including:

(a) A copy of the SRCC OG-100 Collector Thermal

Performance Rating; and

(b) The manufacturer and model number of the on-site meter

that meets the required performance standards of the International

Organization of Legal Metrology.

DAVID J. COLLINS

Executive Secretary

Public Service Commission

Title 26

DEPARTMENT OF THE

ENVIRONMENT

Subtitle 16 LEAD


[11-380-P]

The Secretary of the Environment proposes to:

(1) Amend Regulations .02, .03, and .11 under COMAR

26.16.01 Accreditation and Training for Lead Paint Abatement

Services;

(2) Amend Regulations .03 and .07 under COMAR 26.16.02

Reduction of Lead Risk in Housing; and

(3) Amend Regulation .08 under COMAR 26.16.05

Procedures for Performing Lead Abatement Services .


The purpose of this action is to implement the provisions of HB

1033 Environment - Risk in Housing - Risk Reduction Standards

adopted following the 2011 Session of the Maryland General

Assembly.




I. Summary of Economic Impact. Some residential pre-1950

rental property owners may incur additional costs but will be

minimal. Approximately 76 percent of the lead risk reduction

inspection certificates issued each year is for the lead contaminated

dust test. Twenty-four percent of the certificates issued is for the

visual inspection. Under the new law, the visual inspection is not

allowed for a full risk reduction certificate. Thus for 24 percent of the

property owners using the visual inspection, they will now be

required to use the dust test. This change may or may not be an

additional expense. The dust test will cost on average $300 each time

it is performed. The visual inspection on average is $125 each time

performed. However, the price for the visual inspection can increase

depending on the integrity of past lead hazard reduction treatments.

That is, additional cost can be incurred if the previous hazard

treatments, such as encapsulating window sills and rehanging doors,

must be repeated. It is not possible to determine a definitive

economic impact but overall it appears to be minimal given that the

vast majority of property owners already use the lead dust test.

Revenue (R+/R-)


Impact.

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: (-)

Minimal (not

quantifiable)


trade groups: NONE




Section II.)

D. Approximately 76 percent of the lead risk reduction inspection

certificates issued each year is for the lead contaminated dust test.

Twenty-four percent of the certificates issued is for the visual

inspection. Under the new law, the visual inspection is not allowed

for a full risk reduction certificate. Thus for 24 percent of the

property owners using the visual inspection, they will now be

required to use the dust test and may incur some additional cost.



businesses.




Comments may be sent to Alvin Bowles, Program Manager, Lead

Poisoning Prevention Program, Maryland Department of the

Environment, 1800 Washington Blvd., Ste. 630, Baltimore, MD 21230-

1719, or call 410-537-3441, or email to [email protected], or fax

to 410-537-3156. Comments will be accepted through January 30, 2012.

A public hearing has not been scheduled.

26.16.01 Accreditation and Training for Lead

Paint Abatement Services

Authority: Environment Article, §§1-404, 6-818, 6-851, 6-852, 6-1001—6-1005, 7-206—7-208, Annotated Code of Maryland

.02 Definitions.

A. (text unchanged).

B. Terms Defined.


(8) "Lead hazard reduction treatment" means any [of the lead

hazard reduction treatments described in Environment Article, §6-

815, Annotated Code of Maryland, or any modified lead hazard

reduction treatment described in Environment Article, §6-819,


1784


Annotated Code of Maryland.] work that disturbs a lead-containing

substance in an Affected Property as defined in Environment Article,

§6-801, Annotated Code of Maryland.


.03 Applicability of this Chapter.

A.—E. (text unchanged)

F. The Following activities are not subject to the regulations of

this chapter:

(1) An owner performing lead hazard reduction treatments [as

described in Environment Article, 6-815 and 6-819, Annotated Code

of Maryland,] in the owner-occupied dwelling unit; or


G. (text unchanged)

.11 Contractor/Supervisor Performance Standards for

Residential Buildings and Child Care Centers.

A. Except for performance of lead hazard reduction treatments

[described in Environment Article, §§6-815 and 6-819, Annotated

Code of Maryland], persons performing lead paint abatement services

shall ensure that the provision of lead paint abatement services

involving residential buildings and child care centers conforms to

COMAR 26.02.07.

A-1.—B. (text unchanged)

C. Risk Reduction Work Practices.

(1) Notwithstanding the provisions of COMAR 26.02.07, lead

hazard reduction treatments [specified in Environment Article, §6-

815 or 6-819, Annotated Code of Maryland,] shall be performed in

conformance with this section.


[(10) Notification of the Department.

(a) Within 2 business days following completion of lead

hazard reduction treatments in a rental unit, the visual inspector or

risk assessor shall notify the Department by telephone or facsimile

that the work has been completed.

(b) The visual inspector or lead paint risk assessor may send

a copy of the report of a visual inspection specified in COMAR

26.16.02.03C, with a postmark or other evidence of transmittal dated

not more than 2 working days following the inspection, to the

Department within 2 business days, instead of notification by

telephone or facsimile.

(c) Upon notification of completed work, the Department or

the Department's designee may:

(i) Conduct an audit, under provisions of Environment

Article, §§6-851 and 6-852, Annotated Code of Maryland, of the

completed work;

(ii) Record observations and collect dust samples for

laboratory analysis to evaluate the effectiveness of the risk reduction

treatments in accordance with Environment Article, §6-810,

Annotated Code of Maryland, and to determine if lead dust levels

present a threat of acute danger to public health or to the

environment.]


26.16.02 Reduction of Lead Risk in Housing

Authority: Environment Article, §§1-404, 6-801—6-852, and 6-1001—6-1005, Annotated Code of Maryland

.03 Certificate to Verify Satisfaction of the Risk Reduction

Standard.

A. The owner of a rental property [may choose to verify

compliance with the risk reduction standard of Environment Article,

§6-815 or 6-819, Annotated Code of Maryland, by either:] shall:

(1) [An] Verify compliance with the risk reduction standard of

Environment Article, §6-815, Annotated Code of Maryland, by an

inspection for lead-contaminated dust, as specified in §B of this

regulation, [if no interior or exterior surfaces of the affected property

have chipping, peeling, or flaking paint; or] provided that any

chipping, peeling, or flaking paint has been removed or repainted on

the exterior painted surfaces of the residential building in which the

rental dwelling unit is located and the interior painted surfaces of the

rental dwelling unit; or by satisfaction of the requirements in §A(2)

of this regulation; and

(2) [A visual inspection, as specified in §C of this regulation, to

verify compliance with required lead hazard reduction

treatments.]Verify compliance with the risk reduction standard of

Environment Article, §6-819, Annotated Code of Maryland, by a

visual inspection as specified in §C of this regulation, to verify

compliance with the required lead hazard reduction treatments, and

an inspection for lead-contaminated dust, as specified in §B of this

regulation.

B. Inspection for Lead-Contaminated Dust.

(1) To satisfy the [risk reduction standard of] test for lead-

contaminated dust under Environment Article, §6-815 or 6-819,

Annotated Code of Maryland, an accredited lead paint visual

inspector or lead paint risk assessor may issue a certificate of

satisfactory lead dust inspection following the laboratory analysis of

dust samples that meet the levels in Regulation .02B(6) of this

chapter.


C. Visual Inspection.

(1) An accredited lead paint visual inspector or lead paint risk

assessor may conduct a visual inspection to certify compliance with

the risk reduction standard of Environment Article, §[6-815 or] 6-

819, Annotated Code of Maryland.

(2) An accredited lead paint inspection contractor [may] shall

issue a certificate of compliance with the risk reduction standard

based on:

(a) A visual inspection of all interior and exterior surfaces of

the dwelling unit that establishes performance of all applicable lead

hazard reduction treatments required by Environment Article, §[6-

815 or] 6-819, Annotated Code of Maryland; and

(b) Receipt of a statement with original signature, signed by

the accredited supervisor overseeing performance of the lead hazard

reduction treatments, that all lead hazard reduction treatments were

conducted in accordance with the requirements of Environment

Article, §[6-815 or] 6-819, as applicable, and COMAR 26.16.01.11.


(7) The lead paint inspection contractor shall submit a copy of

the certificate of compliance, with a completed copy of the inspection

report, to the Department within 10 calendar days following [an

inspection] receipt of the laboratory analysis of the dust samples.

D. (text unchanged)

.07 Encapsulant Coating of Lead-Based Paint.

A. Application of an encapsulant coating used to meet risk

reduction standards under Environment Article, [§6-815(a)(2)(iv) or

6-891(a)(4)] §6-819(a)(2), Annotated Code of Maryland, shall

conform to the standards of this regulation.

B.—D. (text unchanged)


1785


26.16.05 Procedures for Performing Lead

Abatement Services

Authority: Environment Article, §§1-404, 6-801—6-852, 6-1001—6-1005,

and 7-206—7-208, Annotated Code of Maryland

.08 Visual Inspections Performed to Verify Compliance with

Environment Article, Title 6, Subtitle 8, Annotated Code

of Maryland.

A. (text unchanged)

[B. Full risk reduction certificates of compliance issued under

Environment Article, §6-815, Annotated Code of Maryland, the

MDE 330 form, based on a visual inspection performed under this

regulation shall be accompanied by a supervisor's statement of work,

signed by the accredited supervisor responsible for the lead

abatement work.]

[C.] B. Modified risk reduction certificates of compliance issued

under Environment Article, §6-819, Annotated Code of Maryland,

the MDE 330 form, based on a visual inspection performed under this

regulation shall be accompanied by a supervisor's statement of work,

signed by the accredited supervisor responsible for the lead

abatement work [or the tenant residing in the property.] and a report

prepared by an accredited inspector as required in COMAR

26.16.02.

[D.] C. [Risk] Modified risk reduction inspections based on a

visual inspection shall verify the following:


(3) [Windowsills have been completely stripped and repainted,]

All interior windowsills where lead based paint or untested paint

exists have been repainted, [or] replaced or encapsulated with vinyl,

metal, or other material, in a manner and under conditions approved

by the Department;

(4) [Window] All window wells where lead based paint or

untested paint exists are smooth and cleanable and have been capped

with vinyl, aluminum, or other materials in a manner and under

conditions approved by the Department;

(5) [All] Subject to federal, State or local fire code standards,

all nonreplacement and untreated windows have the top sash fixed to

eliminate the friction caused by movement of the top sash;


[(7) Except for modified risk reduction inspections performed

under Environment Article, §6-819, Annotated Code of Maryland, all

bare floors are smooth and cleanable;]

[(8)] (7)—[(9)] (8) (text unchanged)

(9) Notification of the Department.

(a) Within 2 business days following completion of lead

hazard reduction treatments in a rental unit, the visual inspector or

risk assessor shall notify the Department by telephone or facsimile

that the work has been completed.

(b) The visual inspector or lead paint risk assessor may send

a copy of the report of a visual inspection specified in COMAR

26.16.02.03C, with a postmark or other evidence of transmittal dated

not more than 2 working days following the inspection, to the

Department instead of notification by telephone or facsimile.

(c) Upon notification of completed work, the Department or

the Department's designee may:

(i) Conduct an audit, under provisions of Environment

Article, §§6-851 and 6-852, Annotated Code of Maryland, of the

completed work;

(ii) Record observations and collect dust samples for

laboratory analysis to evaluate the effectiveness of the risk reduction

treatments in accordance with Environment Article, §6-810,

Annotated Code of Maryland, and to determine if lead dust levels

present a threat of acute danger to public health or to the

environment.

ROBERT M. SUMMERS

Secretary of the Environment

1786


Errata

COMAR 08.04.09.01 At 38:19 Md. R. 1154 (September 9, 2011), column 1, line 15

from the top:

For: [(a)] (1) [The applicant or licensee has made any]

Licensee

Read: (a) [The applicant or licensee has made any] Licensee

At 38:19 Md. R. 1154 (September 9, 2011), column 1, line 18

from the top:

For: [(b)] (2) [The applicant] Applicant does not meet or

licensee

Read: (b) [The applicant] Applicant does not meet or licensee

At 38:19 Md. R. 1154 (September 9, 2011), column 1, line 22

from the top:

For: [(c)] (3) [The applicant or licensee] Licensee has

collected

Read: (c) [The applicant or licensee] Licensee has collected

[11-27-26]

COMAR 12.12.30 At 38:24 Md. R. 1496 (November 18, 2011), column 1, lines 11—

17 from the top:

For: The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to the

repeal of existing Regulations .02—.09, .12, .13, .16, .18,

.19, .26, .31, .35, and .36, the adoption of new

Regulations .02—.09, .12, .13, .16, .18, .19, .26, .31, .35,

and .36, and amendments to Regulations .15, .17, .20—

.25, .27, .30, .32, .33, .34, .37, and .39 under COMAR

12.12.30 Inmate Discipline.

Read: The Joint Committee on Administrative, Executive, and

Legislative Review has granted emergency status to the

repeal of existing Regulations .02—.05, .09, .13, .16, .18,

.19, .26, .31, .32, , 34, and .35, the adoption of new

Regulations .02—.05, .09, .13, .16, .18, .19, .26, .31, .32,

, 34, and .35, and amendments to Regulations .07, .08,

.12, .15, .17, .20, .21—.25, .27, .30, .33, .36, .37, and .39

under COMAR 12.12.30 Inmate Discipline.

At 38:24 Md. R. 1518 (November 18, 2011), column 1, lines 11—

16 from the top:

For: The Secretary of Public Safety and Correctional Services

proposes to repeal existing Regulations .02—.09, .12,

.13, .16, .18, .19, .26, .31, .35, and .36, adopt new

Regulations .02—.09, .12, .13, .16, .18, .19, .26, .31, .35,

and .36, and amend Regulations .15, .17, .20—.25, .27,

.30, .32, .33, .34, .37, and .39 under COMAR 12.12.30

Inmate Discipline.

Read: The Secretary of Public Safety and Correctional Services

proposes to repeal existing Regulations .02—.05, .09,

.13, .16, .18, .19, .26, .31, .32, , 34, and .35, the adoption

of new Regulations .02—.05, .09, .13, .16, .18, .19, .26,

.31, .32, , 34, and .35, and amendments to Regulations

.07, .08, .12, .15, .17, .20, .21—.25, .27, .30, .33, .36, .37,

and .39 under COMAR 12.12.30 Inmate Discipline.

[11-27-40]

1787


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.

BOARD OF ACUPUNCTURE

Subject: Public Hearing on Regulations

Date and Time: January 10, 2012, 1 — 4

p.m.

Place: 4201 Patterson Ave., Baltimore,

MD

Contact: Cynthia Dobbins (410) 764-4766

[11-27-02]

MARYLAND STATE ARTS COUNCIL

Subject: Public Meeting

Date and Time: January 27, 2012, 9 a.m.

— 12 p.m.

Place: Maryland State Arts Council

Offices, 175 W. Ostend St., Baltimore, MD

Contact: Ms. Keena Stephenson (410)

767-8832

[11-27-36]



Date and Time: March 20, 2012, 9 a.m. —

3 p.m.

Place: Maryland State Arts Council

Offices, 175 W. Ostend St., Baltimore, MD

Contact: Ms. Sharon Blake (410) 767-

6536

[11-27-29]



Date and Time: March 28, 2012, 8:30 a.m.

— 5 p.m.

Place: Maryland State Arts Council, 175

W. Ostend St., Ste. E, Baltimore , MD

Contact: Mr. Cliff Murphy (410) 767-6450

[11-27-28]

CANAL PLACE PRESERVATION

AND DEVELOPMENT AUTHORITY


Date and Time: January 17, 2012, 1:30 —

3:30 p.m.

Place: 13 Canal Street, Room 302,

Cumberland, MD

Add'l. Info: Meetings are held the third

Tuesday of each month. Notices are posted

in the entryway elevator tower of the

Western MD Railway Station.

Contact: Renee A. Bone (301) 724-3655

[11-27-43]

ADVISORY COUNCIL ON

CEMETERY OPERATIONS



— 1 p.m.

Place: Department of Labor, Licensing,

and Regulation, AIDS Administration, 500

N. Calvert St., 2nd Fl. Conf. Rm.,

Baltimore, MD

Contact: Patricia Tress (410) 230-6229

[11-27-22]

BOARD FOR THE CERTIFICATION

OF RESIDENTIAL CHILD CARE

PROGRAM ADMINISTRATORS


Date and Time: January 13, 2012, 9:30

a.m. — 12 p.m.; Snow Date: January 20,

2012

Place: 4201 Patterson Ave., Rm. 105,

Baltimore, MD

Contact: Carol Johnson (410) 764-5996

[11-27-15]

BOARD OF CHIROPRACTIC AND

MASSAGE THERAPY EXAMINERS



— 1 p.m.

Place: Dept. of Health and Mental

Hygiene, 4201 Patterson Ave., Rm.

108/109, Baltimore, MD

Contact: Maria Ware (410) 764-5902

[11-27-37]

COMPTROLLER OF THE

TREASURY

Subject: Announcement

Add'l. Info: Comptroller of Maryland,

Administration and Finance, Reinstatement

of Bond Authorization Announcement

Background: That the Board of Public

Works—with respect to the Green House at

Stadium Place Loan of 2009—abrogate its

approval of the cancellation of a general

obligation bond authorization and reduction

of State spending authority for the project.

Reference is made to Secretary’s Agenda

Item 6.H (Oct. 5, 2011) in which the Board

approved the Comptroller’s request in the

amount of $1,055,000.

The 2009 MCCBL (Chapter 485, 2009

Laws of Maryland) requires that the

proceeds of this loan must be expended or

encumbered by the Board of Public Works

no later than June 1, 2011. If any funds

authorized by the 2009 Act remain

unexpended or unencumbered after June 1,

2011, that amount is to be canceled and of

no further effect. However, as to the Green

House at Stadium Place funding, a relevant

portion of the 2009 MCCBL provides until

June 1, 2016, for the Board of Public

Works to expend or encumber it.

Consequently, this project should not have

been presented to the Board for

cancellation. Approval of this Item will re-

establish the bond authorization and,

concomitantly, increase the State’s

spending authority.

Therefore, with Board of Public Works

approval of item #6, dated December 7,

2011, we submit for publication the

following reinstatement of bond

authorization:

GREEN HOUSE at Stadium Place Loan

of 2009: Ch. 485 Acts of 2009; $1,055,000;

authorized proceeds for the acquisition,

design, construction, and capital equipping

of a long-term care facility at Stadium

Place located in Baltimore.

Rehena L. Rentuma

Fiscal Specialist

Administration and Finance

Comptroller of Maryland, Administration

and Finance, Reduction of Bond

Authorization Announcement

Pursuant to State Finance and

Procurement Article, §8-128, Annotated

Code of Maryland, which provides that if

within 2 years after the date of an

authorization of State debt no part of the

project or program for which the enabling

act authorized the State debt is under

contract and the Board of Public Works has

not committed money for any part of the

project or program, the authorization

terminates unless:

(1) The enabling act provides otherwise;

or

GENERAL NOTICES

1788


(2) In an emergency, the Board

unanimously grants a temporary exception

for a period of 1 year.

Therefore, with Board of Public Works

approval of item #10B, dated December 7,

2011, we submit for publication the

following cancellation of bond

authorizations in accordance with the

above-referenced article:

MCCBL of 2004—CBWQ Non Point

Source Storm Water Pollution Control: Ch.

432, Acts of 2004; $32.00; to provide not

more than $500,000 in grants for non-point

source storm water pollution control.

Rehena L. Rentuma

Fiscal Specialist

Administration and Finance

Contact: Rehena Rentuma (410) 260-7851

[11-27-27]

GOVERNOR'S OFFICE OF CRIME

CONTROL AND PREVENTION



p.m.

Place: Baltimore Co. Loch Raven Library,

Baltimore, MD

Contact: Debra Arnold (410) 821-2852

[11-27-06]




Date and Time: March 12, 2012, 3 — 5

p.m.


Baltimore, MD


[11-27-07]




Date and Time: May 14, 2012, 3 — 5 p.m.


Baltimore, MD


[11-27-08]

OFFICE OF PUBLIC DEFENDER


Date and Time: January 5, 2012, 3 — 4:30

p.m.

Place: Judiciary Education and Conf.

Center, Conf. Rm. 2, Annapolis, MD

Contact: Monique Cheatham (410) 767-

8474

[11-27-47]

BOARD OF DIETETIC PRACTICE



— 3:30 p.m.


Baltimore, MD

Contact: Lenelle Cooper (410) 764-4733

[11-27-16]

MARYLAND STATE BOARD OF

EDUCATION



— 5 p.m.; January 25, 2012, 9 a.m. — 12

p.m. (Tentative)

Place: 200 W. Baltimore St., Baltimore,

MD

Add'l. Info: The State Board of Education

is pleased to receive oral public comment

at each of its regular monthly meetings. In

order to allow the State Board sufficient

time for its other business, the total time

allotted to public comment will generally

be limited to 30 minutes. Individuals

seeking to speak to the Board will

be given 3 minutes each. Persons

desiring to speak to the State Board

must call (410-767-0467) or email

([email protected]) the Board

office no earlier than 1 week prior to the

meeting to register to speak. Registration

will be accepted on a first-come, first-

served basis. In order to make the limited

time available most effective, speakers are

urged to provide multiple written copies of

their comments or other material

amplifying their views.

Contact: Charlene L. Necessary (410) 767-

0467

[11-27-21]

BOARD OF MASTER

ELECTRICIANS


Date and Time: February 28, 2012, 10

a.m. — 12 p.m.

Place: 500 N. Calvert St., Baltimore, MD

Contact: Gae Herzberger (410) 230-6163

[11-27-20]

BOARD FOR PROFESSIONAL

ENGINEERS



Place: 500 N. Calvert St., 3rd Fl. Conf.

Rm., Baltimore, MD

Contact: Pamela J.Edwards (410) 230-

6262

[11-27-39]

DEPARTMENT OF HEALTH AND

MENTAL HYGIENE/OFFICE OF

HEALTH SERVICES

Subject: Maryland Medicaid Rate

Reduction

Add'l. Info: The Secretary of Health and

Mental Hygiene proposes to amend

Maryland Medicaid regulations effective

January 1, 2012, in order to reduce certain

provider reimbursement rates in accordance

with the budget appropriation to achieve

savings in Fiscal Year 2012.

Current rates for the following services

will be reduced from 98 percent to 90

percent of Medicare’s rate. Disposable

medical supply and durable medical

equipment services will be reduced by

$1,449,710, and reimbursement of oxygen

and related respiratory services will be

reduced by $81,554.

The current rates for air transport

services will be reduced from the base rate

of $2,300 to $1,500 and the per-air-mile

rate of $30 to $20 per air mile. Air

transport services will be reduced by

$348,710.

Copies of the amendments may be

obtained by calling 410-767-0579 or faxing

410-333-5154 and are available for public

review at the local health department in

each county and Baltimore City. Written

comments may be sent to Lisa N. Fassett,

Office of Health Services, DHMH, 201

West Preston Street, Room 128D,

Baltimore, Maryland 21201, or fax to 410-

333-5154 or call 410-767-0579 or email to

[email protected].

Contact: Lisa N. Fassett (410) 767-0579

[11-27-23]



HEALTH SERVICES

Subject: Payment procedure for

Freestanding Birth Centers


Mental Hygiene is proposing to reimburse

licensed or otherwise state-approved

freestanding birth centers according to the

Maryland Medicaid Physician Fee

Schedule for services rendered on or after

October 1, 2011. Freestanding birth centers

are reimbursed a $500 facility fee and a

$50 supply cost.

Written comments may be sent to Lisa

N. Fassett, Office of Health Services,

DHMH, 201 W. Preston St., Rm. 128D,

GENERAL NOTICES

1789


Baltimore, MD 21201, or fax to (410) 333-

5154 or call (410) 767-0579, or email to

[email protected].


[11-27-30]



HEALTH SERVICES

Subject: Payment procedure change for

Family Planning Clinics


Mental Hygiene is proposing to amend

COMAR 10.09.08.04, effective January 1,

2012. The amendment is proposed in order

to bring Family Planning Clinic payments

in line with payments to other clinics

providing similar services to Medicaid

recipients. For services rendered on or after

January 1, 2012, Family Planning Clinic

payments will be paid according to the


Schedule instead of paying Family

Planning Clinics a set rate of $70 per visit.


obtained by calling (410) 767-0579, or

faxing (410) 333-5154, and are available

for public review at the local health

department in each county and Baltimore

City. Written comments may be sent to

Lisa N. Fassett, Office of Health Services,



5154, or call (410) 767-0579, or email to

[email protected].


[11-27-32]



HEALTH SERVICES

Subject: Maryland Qualified Health Center

Provider Type Discontinued


Mental Hygiene is proposing to repeal

COMAR 10.09.08.06, effective January 1,

2012. The repeal will eliminate the

Maryland Qualified Health Center

(MQHC) provider type. Current MQHCs

may choose to enroll as another appropriate

provider type. This change will bring

payments to these clinics in line with the


Schedule instead of paying a set fee for

MQHC visits.











[email protected].


[11-27-33]



HEALTH SERVICES

Subject: Payment procedure change for

Local Health Departments


Mental Hygiene is proposing to pay Local

Health Departments (LHDs) according to

the Maryland Medicaid Physician Fee

Schedule for dates of service on or after

January 1, 2012. For services rendered to

Medicaid recipients, LHDs will no longer

be paid according the schedule of charges

established by the Division of Cost

Accounting and Reimbursement. This

change will bring LHD payments in line

with payments to other clinics providing

similar services to Medicaid recipients.











[email protected].


[11-27-34]

BOARD OF HEATING,

VENTILATION, AIR-

CONDITIONING, AND

REFRIGERATION CONTRACTORS

(HVACR)



a.m. — 12 p.m.


Rm., Baltimore, MD

Contact: Steve Smitson (410) 230-6169

[11-27-18]

HOME IMPROVEMENT

COMMISSION



— 12 p.m.

Place: 500 N. Calvert St., 2nd Fl. Conf.

Rm., Baltimore, MD

Contact: Steven Smitson (410) 230-6169

[11-27-04]


LICENSING, AND

REGULATION/DIVISION OF LABOR

AND INDUSTRY/MARYLAND

APPRENTICESHIP AND TRAINING

COUNCIL



— 12 p.m.

Place: Dept. of Labor, Licensing, and

Regulation, 1100 N. Eutaw St., Lower

Level Training Rm., Baltimore, MD

Add'l. Info: The Maryland Apprenticeship

and Training Council will consider the

approval and registration of new

apprenticeship programs, revisions to

presently registered apprenticeship

programs and other business which may

come before the Council.

Contact: C. Edward Poarch II (410) 767-

2246

[11-27-14]

BOARD FOR PROFESSIONAL LAND

SURVEYORS




Rm., Baltimore, MD

Contact: Pamela J. Edwards (410) 230-

6262

[11-27-38]

BOARD OF EXAMINERS OF

LANDSCAPE ARCHITECTS



p.m.


Rm., Baltimore, MD


6262

[11-27-42]

GENERAL NOTICES

1790


MARYLAND HEALTH CARE

COMMISSION


Date and Time: January 19, 2012, 1 p.m.

Place: Maryland Health Care Commission,

4160 Patterson Ave., Conf. Rm. 100,

Baltimore, MD

Contact: Valerie Wooding (410) 764-3460

[11-27-24]

MARYLAND PUBLIC

BROADCASTING COMMISSION



a.m.

Place: Maryland Public Television,

Owings Mills, MD

Contact: Sharon Abernathy (410) 581-

4141

[11-27-17]

GOVERNOR'S COMMISSION ON

MARYLAND MILITARY

MONUMENTS


Date and Time: January 11, 2012, 2 —

3:30 p.m.

Place: 100 Community Pl., Crownsville,

MD

Contact: Gregory Jones (410) 260-3843

[11-27-13]

BOARD OF OCCUPATIONAL

THERAPY PRACTICE



a.m. — 2 p.m.

Place: Spring Grove Hospital Center, 55

Wade Ave., Catonsville, MD

Add'l. Info: Health Occupations Article,

Title 10, Annotated Code of Maryland, and

COMAR 10.46 amendments, additions,

and revisions, including fee changes, may

be discussed/voted on. Budget information

may also be discussed. It may be necessary

to go into executive session. Sign

language interpreters and/or appropriate

accommodations for qualified individuals

with disabilities will be provided upon

request. Please call 1-800-735-2255.

Contact: Marilyn Pinkney (410) 402-8556

[11-27-31]

BOARD OF EXAMINERS IN

OPTOMETRY



a.m. — 12:30 p.m.

Place: Metro Executive Bldg., 4201

Patterson Ave., Rm. 105, Baltimore, MD

Add'l. Info: Health Occupations Article,

Title 11, Annotated Code of Maryland, and

COMAR 10.28 amendments, additions,

and revisions maybe discussed/voted on.

Budget information may also be discussed.

It may be necessary to go into executive

session.

Contact: Patricia G. Bennett (410) 764-

4710

[11-27-44]

BOARD OF PILOTS



a.m.


Rm., Baltimore, MD


6262

[11-27-41]

BOARD OF PLUMBING



— 12:30 p.m.

Place: 500 N. Calvert St., Rm. 302,

Baltimore, MD

Contact: Brenda Clark (410) 230-6164

[11-27-19]

BOARD OF EXAMINERS OF

PSYCHOLOGISTS



— 1 p.m.

Place: 4201 Patterson Ave., Conf. Rm.

110, Baltimore, MD

Add'l. Info: Sign language interpreters/other

appropriate accommodations for qualified

individuals with disabilities will be provided

upon request. Proposed changes to regulations

may be discussed.

Contact: Dorothy Kutcherman (410) 764-

4703

[11-27-05]

STATE ADVISORY COUNCIL ON

QUALITY CARE AT THE END OF

LIFE



— 12 p.m.

Place: Maryland Office on Aging, 301 W.

Preston St., Rm. 1007, Baltimore, MD

Contact: Kathy Izdeb (410) 576-6327

[11-27-25]

RACING COMMISSION



— 1 p.m.

Place: Laurel Park, Laurel, MD

Contact: J. Michael Hopkins (410) 296-

9682

[11-27-45]

RETIREMENT AND PENSION

SYSTEM — BOARD OF TRUSTEES



Place: SunTrust Bldg., 120 E. Baltimore

St., 16th Fl. Board Rm., Baltimore, MD

Add'l. Info: Meeting date and location are

subject to change. Anyone interested in

attending should contact the Retirement

Agency for confirmation. Please note, the

meeting may include a closed session. Sign

language interpreters and/or appropriate

accommodations for qualified individuals

with disabilities will be provided upon

request. Please call 410-625-5609 or 1-800-

735-2258 TTY.

Contact: Patrice Sowah (410) 625-5609

[11-27-11]

BOARD OF SOCIAL WORK

EXAMINERS

Subject: Public Hearing


— 3 p.m.


Baltimore, MD

Add'l. Info: The Board may discuss/vote

on proposed regulations. A portion of the

meeting may be held in closed session.

Contact: James T. Merrow (410) 764-4788

[11-27-35]

GENERAL NOTICES

1791


STATE BOARD OF INDIVIDUAL TAX

PREPARERS



p.m.


Rm., Baltimore, MD

Add'l. Info: Final action on proposed

regulations published in the Maryland

Register, Vol. 38, Issue 25, Friday, Dec.

02, 2011, will be considered by the Board

at this meeting. Please note change of date

and time.

Contact: Douglas Blackstone (410) 230-

6244

[11-27-46]

MARYLAND TRANSPORTATION

AUTHORITY



p.m.

Place: Maryland Transportation Authority,

MDTA Police/Automotive/Maintenance

Bldg., 881 Oceanic Dr., Annapolis, MD

Add'l. Info: BBRAG meeting

Contact: Gail Moran (410) 537-1032

[11-27-10]

DEPARTMENT OF VETERANS

AFFAIRS/MARYLAND VETERANS

COMMISSION



a.m. — 1 p.m.; Backup date: January 24,

2012

Place: Joint Base Andrews, Community

Activity Center, Andrews AFB, MD

Contact: Gregory Jones (410) 260-3843

[11-27-12]

BOARD OF WELL DRILLERS



— 4:30 p.m.

Place: MDE, 1800 Washington Blvd.,

Terra Conf. Rm., Baltimore, MD

Add'l. Info: A portion of this meeting may

be held in closed session.

Contact: Willie Everett (410) 537-3644

[11-27-01]

WORKERS' COMPENSATION

COMMISSION



a.m.

Place: 10 E. Baltimore St., Baltimore, MD

Add'l. Info: Portions of this meeting may

be held in closed session.

Contact: Amy Lackington (410) 864-5300

[11-27-03]