Maryland Register, Volume 43, Issue 05, March 4, 2016
| Jurisdiction | Maryland |
| Library | Maryland Register |
| Published date | 04 March 2016 |
| Year | 2016 |
IN THIS ISSUE
General Assembly
Judiciary
Regulations
Errata
Special Documents
General Notices
Volume 43 • Issue 5 • Pages 355—394
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Maryland, this issue contains all previously unpublished documents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 February 12, 2016, 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 February 12, 2016.
Brian Morris
Administrator, Division of State Documents
Office of the Secretary of State
Issue Date: March 4, 2016
Notice to Subscribers
See important correction on
page 387 of this issue.
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 o fficial 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 on ce 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 docu ment 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 in spection 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
http://www.dsd.state.md.us/PDF/CumulativeTable.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 th e 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 d etermined. Listed below
are so me 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 b y 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. 4 10-260-3876; 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 post age paid at
Annapolis, Maryland and additional mailing offices.
Lawrence J. Hogan, Jr., Governor; John C. Wobensmith, Secretary of
State; Brian Morris, 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 or give the product to another individual or entity.
Contents 357
MARYLAND REGISTER, VOLUME 43, ISSUE 5, FRIDAY, MARCH 4, 2016
Closing Dates for the Maryland Register
Schedule of Closing Dates and Issue Dates for the
Maryland Register .................................................................... 358
COMAR Research Aids
Table of Pending Proposals .......................................................... 359
Index of COMAR Titles Affected in This Issue
COMAR Title Number and Name Page
08 Department of Natural Resources ..................................... 384
09 Department of Labor, Licensing, and Regulation ............. 384
10 Department of Health and Mental Hygiene ...................... 385
20 Public Service Commission .............................................. 386
31 Maryland Insurance Administration ................................. 387
36 Maryland State Lottery and Gaming Control Agency ...... 387
PERSONS WITH DISABILITIES
Individuals with disab ilities who desire assistance in usin g the
publications and services of the Division of State Documents are
encouraged to call (410) 974-2486, or (800) 633-9657, o r FAX to
(410) 974-2546, or through Maryland Relay.
General Assembly
SYNOPSIS NO. 3 .................................................................. 362
The Judiciary
COURT OF APPEALS OF MARYLAND
DISCIPLINARY PROCEEDINGS ................................... 383
Final Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
FISHERIES SERVICE
Striped Bass ....................................................................... 384
Gear ................................................................................... 384
WILDLIFE
Use of Wildlife Areas ........................................................ 384
General Wildlife Hunting Regulations ............................... 384
09 DEPARTMENT OF LABOR, LICENSING, AND
REGULATION
OFFICE OF THE SECRETARY
Apprenticeship Maryland................................................... 384
10 DEPARTMENT OF HEALTH AND MENTAL HYGIENE
DIVISION OF REIMBURSEMENTS
Appeal Hearings to the Division of Reimbursements ........ 385
HEALTH STATISTICS
Release of Confidential Information in the Maternal and Child
Health Bureau .................................................................... 385
HEALTH FACILITIES GRANTS
Construction Funds for Public and Nonprofit Community
Mental Health, Addiction, and Developmental Disabilities
Facilities .......................................................................... 385
MATERNAL AND CHILD HEALTH
Morbidity, Mortality, and Quality Review Committee —
Pregnancy and Childhood 385
HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION
AND ACQUIRED IMMUNODEFICIENCY SYNDROME
(AIDS)
HIV and CD4+ Investigations and Case Reporting ........... 385
AIDS Investigations and Case Reporting .......................... 385
PREVENTIVE MEDICINE
Use of Tanning Devices by Minors ................................... 385
Newborn Screening 385
FREESTANDING AMBULATORY CARE FACILITIES
General Requirements ....................................................... 385
Freestanding Ambulatory Surgical Facilities .................... 385
MEDICAL CARE PROGRAMS
Dental Services .................................................................. 385
Hospital Services ............................................................... 385
Maryland Medicaid Managed Care Program:
Definitions ...................................................................... 385
Maryland Medicaid Managed Care Program: Eligibility and
Enrollment ...................................................................... 385
Maryland Medicaid Managed Care Program: Managed Care
Organizations ................................................................. 385
Maryland Medicaid Managed Care Program: Access ....... 385
Community Personal Assistance Services ......................... 385
EPSDT School Health-Related Services or Health-Related
Early Intervention Services ............................................ 386
BOARD OF PHYSICIANS
Delegation and Assignment of Performance of Cosmetic
Medical Procedures and Use of Cosmetic Medical
Devices ........................................................................... 386
Delegation of Acts by a Licensed Physician to an Assistant
Not Otherwise Authorized Under the Health Occupations
Article or the Education Article ...................................... 386
20 PUBLIC SERVICE COMMISSION
DISPUTE PROCEDURES
Dispute Regulations .......................................................... 386
COMPETITIVE ELECTRICITY SUPPLY
General .............................................................................. 386
Pre-Enrollment Information .............................................. 386
Transfers of Service ............................................................... 386
Supplier-Utility Coordination and Utility Consolidated
Billing ............................................................................. 386
Residential Customer Protection ....................................... 386
Supplier Agent Relations ................................................... 386
COMPETITIVE GAS SUPPLY
General .............................................................................. 387
Pre-Enrollment Information .............................................. 387
Transfers of Service ........................................................... 387
Utility Consolidated Billing .............................................. 387
Residential Customer Protection ....................................... 387
Supplier Agent Relations ................................................... 387
31 MARYLAND INSURANCE ADMINISTRATION
GENERAL PROVISIONS
Emergency Powers ............................................................ 387
CREDIT LIFE AND CREDIT HEALTH INSURANCE
Standards for Credit Life and Credit Health Insurance ...... 387
36 MARYLAND STATE LOTTERY AND GAMING
CONTROL AGENCY
GENERAL PROVISIONS
Administrative Procedures ................................................ 387
GAMING PROVISIONS
Investigation and Licensing ............................................... 388
Video Lottery Operation License ...................................... 388
Errata
COMAR 31.13.01 ................................................................. 389
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