Maryland Register, Volume 46, Issue 10, May 10, 2019
| Jurisdiction | Maryland |
| Library | Maryland Register |
| Published date | 10 May 2019 |
| Year | 2019 |
IN THIS ISSUE
Open Meetings Compliance
Board
General Assembly
Judiciary
Regulatory Review and
Evaluation
Regulations
General Notices
Volume 46 • Issue 10 • Pages 469—500
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Maryland, this issue contains all previously unpublished documents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 April 22, 2019, 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 April 22, 2019.
Gail S. Klakring
Administrator, Division of State Documents
Office of the Secretary of State
Issue Date: May 10, 2019
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 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 regulatio n. 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 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. 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 postage 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 i nformation 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 471
MARYLAND REGISTER, VOLUME 46, ISSUE 10, FRIDAY, MAY 10, 2019
Closing Dates for the Maryland Register
Schedule of Closing Dates and Issue Dates for the
Maryland Register .................................................................... 473
COMAR Research Aids
Table of Pending Proposals .......................................................... 474
Index of COMAR Titles Affected in This Issue
COMAR Title Number and Name Page
08 Department of Natural Resources ..................................... 491
09 Department of Labor, Licensing, and Regulation ............. 493
10 Maryland Department of Health ....................................... 485
13A State Board of Education .................................................. 494
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.
Open Meetings Compliance Board
SUMMARY OF OPINIONS ISSUED FROM JANUARY 1—
MARCH 31, 2019 .............................................................. 477
General Assembly
SYNOPSIS NO. 6 ................................................................. 4 79
The Judiciary
COURT OF APPEALS OF MARYLAND
DISCIPLINARY PROCEEDINGS .................................. 483
COMMISSION ON JUDICIAL DISABILITIES
NOTICE OF PUBLIC CHARGES AND HEARING IN
THE MATTER OF JUDGE DEVY PATTERSON
RUSSELL CJD 2018-009 .............................................. 483
Regulatory Review and Evaluation
DEPARTMENT OF TRANSPORTATION
Notice of Availability of Evaluation Report ..................... 484
Final Action on Regulations
10 MARYLAND DEPARTMENT OF HEALTH
PROCEDURES
Fair Hearing Appeals Under the Maryland State Medical
Assistance Program ........................................................ 485
DISEASES
Communicable Diseases — Rabies .................................. 485
MEDICAL CARE PROGRAMS
Dental Services ................................................................. 485
Medical Day Care Services ............................................... 485
Medical Day Care Services Waiver .................................. 485
Medical Day Care Services ............................................... 486
Community Personal Assistance Services ........................ 486
Home Care for Disabled Children Under a Model
Waiver ........................................................................... 486
Early and Periodic Screening, Diagnosis, and Treatment:
Nursing Services for Individuals Younger than 21 Years
Old ................................................................................. 486
Home and Community-Based Options Waiver ................. 486
Home and Community-Based Services Waiver for Children
with Autism Spectrum Disorder .................................... 486
Community First Choice .................................................. 486
Freestanding Clinics ......................................................... 486
Nursing Facility Services ................................................. 486
Medical Assistance Eligibility .......................................... 486
Maryland Medicaid Managed Care Program: Rare and
Expensive Case Management ........................................ 486
Maryland Medicaid Managed Care Program: Non-Capitated
Covered Services ........................................................... 487
Chronic Hospitals ............................................................. 487
DRUGS
Emergency Use Auto-Injectable Epinephrine Program at
Institutions of Higher Education .................................... 487
FOOD
Production, Processing, Transportation, Storage, and
Distribution of Manufactured Grade Milk ..................... 488
HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION
AND ACQUIRED IMMUNODEFICIENCY SYNDROME
(AIDS)
Maryland AIDS Drug Assistance Program: Temporary
Assistance Program ....................................................... 488
Maryland AIDS Drug Assistance Program: Eligibility .... 488
Maryland AIDS Drug Assistance Program: Pharmacy
Services ......................................................................... 488
Maryland AIDS Drug Assistance Program: Health Insurance
(MADAP-PLUS) ........................................................... 488
Urgent Maryland AIDS Drug Assistance Program ........... 488
DEVELOPMENTAL DISABILITIES
Fee Payment System for Licensed Residential and Day
Programs ....................................................................... 488
Community Supported Living Arrangements Payment
System ........................................................................... 488
BOARD OF EXAMINERS IN OPTOMETRY
Continuing Education Requirements ................................ 488
Therapeutic Pharmaceutical Agents ................................. 488
BOARD OF PHYSICIANS
Sexual Misconduct ........................................................... 488
BOARD OF EXAMINERS OF NURSING HOME
ADMINISTRATORS
Nursing Home Administrators .......................................... 489
BOARD OF PHARMACY
Pharmacy Security ............................................................ 489
Fees .................................................................................. 489
Change to Permit—Pharmacy or Wholesale Distribution
Permit Holder ................................................................ 489
BOARD OF EXAMINERS OF PSYCHOLOGISTS
Telepsychology ................................................................ 4 89
BOARD OF SOCIAL WORK EXAMINERS
Code of Ethics .................................................................. 490
Rules of Procedure for Board Hearings ............................ 490
Continuing Education Requirements ................................ 490
BOARD OF CHIROPRACTIC EXAMINERS
Chiropractic Externship Program ..................................... 490
PREVENTIVE MEDICINE
Maryland HIV Prevention Case Management Program ... 490
BOARD OF NURSING — ELECTROLOGY PRACTICE
COMMITTEE
Definitions ........................................................................ 490
Licensure .......................................................................... 490
Electrology Examination .................................................. 490
Continuing Education ....................................................... 490
Standards of Practice and Conduct ................................... 490
Electrology Programs ....................................................... 490
To continue reading
Request your trial