Maryland Register, Volume 45, Issue 07, March 30, 2018
| Jurisdiction | Maryland |
| Library | Maryland Register |
| Published date | 30 March 2018 |
| Year | 2018 |
IN THIS ISSUE
General Assembly
Judiciary
Regulations
Special Documents
General Notices
Volume 45 • Issue 7 • Pages 335—404
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Maryland, this issue contains all previously unpublished documents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 March 12, 2018, 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 March 12, 2018.
Gail S. Klakring
Administrator, Division of State Documents
Office of the Secretary of State
Issue Date: March 30, 2018
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
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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; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior 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 337
MARYLAND REGISTER, VOLUME 45, ISSUE 7, FRIDAY, MARCH 30, 2018
Closing Dates for the Maryland Register
Schedule of Closing Dates and Issue Dates for the
Maryland Register .................................................................... 339
COMAR Research Aids
Table of Pending Proposals .......................................................... 340
Index of COMAR Titles Affected in This Issue
COMAR Title Number and Name Page
08 Department of Natural Resources ..................................... 345
10 Maryland Department of Health ............................... 345, 348
13A State Board of Education .......................................... 346, 367
13B Maryland Higher Education Commission ......................... 373
14 Independent Agencies ....................................................... 375
15 Department of Agriculture ................................................ 378
20 Public Service Commission .............................................. 346
26 Department of the Environment ................................ 346, 381
28 Office of Administrative Hearings .................................... 347
30 Maryland Institute for Emergency Medical Services
Systems (MIEMSS) ...................................................... 347
31 Maryland Insurance Administration ................................. 388
32 Maryland Department of Aging ........................................ 391
PERSONS WITH DISABILITIES
Individuals with disab ilities who desire assistance in usin g the
publications and services of the Division o f 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. 6 ................................................................. 343
The Judiciary
COURT OF APPEALS OF MARYLAND
DISCIPLINARY PROCEEDINGS .................................. 344
Final Action on Regulations
08 DEPARTMENT OF NATURAL RESOURCES
BOATING—SPEED LIMITS AND OPERATION OF
VESSELS
Severn River Vessel Management Area ............................ 345
10 MARYLAND DEPARTMENT OF HEALTH
HOUSING
Migratory Labor Camps .................................................... 345
Construction, Equipment, Sanitation, Operation, and
Maintenance of Mobile Home Parks .............................. 345
DEVELOPMENTAL DISABILITIES
Fee Payment System for Licensed Residential and Day
Programs ........................................................................ 345
Community Supported Living Arrangements Payment
System ........................................................................... 345
BOARD OF MORTICIANS AND FUNERAL DIRECTORS
Family Security Trust Fund .............................................. 345
BOARD OF MASSAGE THERAPY EXAMINERS
General Regulations .......................................................... 345
13A STATE BOARD OF EDUCATION
SCHOOL PERSONNEL
Incentive Program for Certification by the National Board for
Professional Teaching Standards ................................... 346
20 PUBLIC SERVICE COMMISSION
TAXICABS
Taxicab Drivers ................................................................ 346
Taxicabs—Control and Operation .................................... 346
Control and Operation of Taxicabs in the City of Cumberland
and the City of Hagerstown ........................................... 346
26 DEPARTMENT OF THE ENVIRONMENT
WATER SUPPLY, SEWERAGE, SOLID WASTE, AND
POLLUTION CONTROL PLANNING AND FUNDING
Bay Restoration Fund Implementation ............................. 346
WATER POLLUTION
Water Quality ................................................................... 347
Public Bathing Beaches .................................................... 347
AIR QUALITY
Nonattainment Provisions for Major New Sources and Major
Modifications ................................................................ 347
LEAD
Lead in Drinking Water—Public and Nonpublic
Schools .......................................................................... 347
28 OFFICE OF ADMINISTRATIVE HEARINGS
REVIEW OF DECISIONS AND ACTIONS OF HEALTH
OCCUPATIONS BOARD AND COMMISSIONS
Referrals ........................................................................... 347
30 MARYLAND INSTITUTE FOR EMERGENCY
MEDICAL SERVICES SYSTEMS (MIEMSS)
EMERGENCY MEDICAL SERVICES PROVIDERS
Licensure and Certification .............................................. 347
EMERGENCY MEDICAL SERVICES EDUCATION
PROGRAMS AND COURSES
Definitions ........................................................................ 347
Continuing Education ....................................................... 347
Proposed Action on Regulations
10 MARYLAND DEPARTMENT OF HEALTH
PROCEDURES
Board of Review Procedures ............................................ 348
Procedures for Hearing Before the Hospital Appeal Board and
Nursing Home Appeal Board ........................................ 349
MEDICAL CARE PROGRAMS
Nursing Facility Services ................................................. 349
CANCER CONTROL
Reimbursement for Breast and Cervical Cancer Diagnosis and
Treatment ...................................................................... 356
MENTAL HYGIENE REGULATIONS
Community Mental Health Programs—Group Homes for
Adults with Mental Illness ............................................. 357
Community Mental Health Programs—Application,
Approval, and Disciplinary Processes ........................... 357
Community Mental Health Programs—Definitions and
Administrative Requirements ........................................ 357
Community Mental Health Programs—Therapeutic Nursery
Programs ....................................................................... 357
Community Mental Health Programs—Mobile Treatment
Services ......................................................................... 357
Community Mental Health Programs—Outpatient Mental
Health Centers ............................................................... 357
Community Mental Health Programs—Psychiatric
Rehabilitation Programs for Adults ............................... 357
Community Mental Health Programs—Residential
Rehabilitation Programs ................................................ 357
Community Mental Health Programs—Residential Crisis
Services ......................................................................... 357
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