Maryland Register, Volume 51, Issue 09, May 3, 2024

• Jurisdiction: Maryland
• Library: Maryland Register
• Published date: 03 May 2024
• Year: 2024

Maryland Register

Issue Date: May 3, 2024

Volume 51 • Issue 9 • Pages 383 — 502

IN THIS ISSUE

Governor

General Assembly

Judiciary

Regulations

Errata

Special Documents

General Notices

Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be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 15, 2024 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 15, 2024.

Gail S. Klakring

Acting Administrator, Division of State Documents

Office of the Secretary of State

Information About the Maryland R egister and COMAR

MARYLAND REGISTER

The Mary land Register is an official State publication published every other week throughout the year. A cumulative index is published quarterly.

The M aryland Register is the temporary supplement t o the Code of Mary land Regulations. Any change to the text of regulations p ublished in COMA R, 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 M eetings 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 Mary land 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 t he Maryland Register issued on April 17, 1992.

CODE OF MARYLAND REGULATIONS (COMAR)

COMA R is the official compilation of all regulations issued by agencies of the State of Maryland. The M aryland Register is COMAR’s temporary supplement, print ing all changes

to regulations as soon as they occur. At least once annually, the changes to regulations p rinted in t he Mary land Register are incorporated into COM AR by means of permanent

supp lements.

CITATION TO CO MAR REGULATIONS

COM AR regulations are cited by title number, subtitle number, chapt er number, and regulation number. Example: COM AR 10.08.01.03 refers to T itle 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 COM AR simply by referring to it. While the text of an incorporated document does not app ear in

COMAR, the provisions of the incorporat ed document are as fully enforceable as any other COMAR regulation. Each regulation that proposes to incorporate a document is

identified in the Mary land Register by an Editor’s Note. The Cumulative Table of COMA R Regulations Adop ted, Amended or Repealed, found online, also identifies each regulation

incorporating a document. Documents incorp orated by reference are available for inspection in various dep ository libraries located t hroughout the State and at the Division of Stat e

Documents. These depositories are listed in the first issue of t he 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.

SUBSC RIPTION INFORMATION

For subscription forms for t he Maryland Register and COMAR, see the back pages of the Mary land Register. Single issues of the M aryland Register are $15.00 per issue.

CITIZEN PARTICIPATION IN

THE REGULATION-MAKING PROCESS

M aryland citizens and ot her interested persons may participate in the process by which administrative regulations are adopted, amended, or repealed, and may also initiate the

process by which t he validity and applicability of regulations is determined. Listed below are some of the way s in which citizens may p articipate (references are to State

Government Article (SG),

Annotated Code of Mary land):

• By submitt ing data or views on proposed regulations either orally or in w riting, to t he prop osing agency (see ‘‘Opp ortunity for Public Comment’’ at the beginning of all

regulations appearing in the Proposed Action on Regulations section of the M aryland Register). (See SG, §10-112)

• By pet itioning an agency to adopt, amend, or repeal regulations. The agency must respond to the p etition. (See SG §10-123)

• By pet itioning an agency to issue a declaratory ruling with respect to how any regulation, order, or statute enforced by t he agency app lies. (SG, Title 10, Subtitle 3)

• By pet itioning 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 p rivileges of the petit ioner. (SG, §10-125)

• By inspecting a certified copy of any document filed with the Division of State Documents for p ublication in the Maryland Register. (See SG, §7-213)

Maryl and Regi ste r (IS SN 03 60-2 834) . Po stmast er: Send address ch anges and othe r mail t o: M aryland Re gister, Stat e Ho use, Annapo lis, Mary land 21 401. Tel. 41 0-26 0-38 76. P ublished

biweekly, with cum ulative indexes published quarterly, by the State of Mary land, Division of State Doc uments, Stat e Ho use, Annap olis, Marylan d 21 401. T he subscrip tion rat e f or the

Maryla nd Register is $225 per y ear (fir st class m ail). All subscript ions po st-pa id to p oints in th e U.S. perio dicals post age paid at Annapo lis, Mary land, an d additional mailing of fices.

Wes Moore , Gover nor; S us an C . Le e, Secret ary of Stat e; Gai l S . Kla krin g, Administ rato r; Mary D. Mac Dona ld, Senio r Edito r, Mary land Register and COMA R; Eliz abeth Ram se y,

Editor , COMAR On line, an d Subscription Manager; Tam i C athe ll , Help Desk, COMA R and Mar yland Registe r Online .

Front cov er: State House, Anna polis, MD , built 17 72—7 9.

Illustrat ions by Carolyn Anderson, Dept. of Gener al Services

Note: Al l produ cts pu rchase d are for indivi dual use onl y. Res ale or other compe nsate d trans fer of th e inform ation in prin ted o r el ectron ic fo rm i s a prohi bited

comme rcial purpos e (see State Governme nt Article, § 7-206.2, Annot ated Code o f Maryland). By pu rchasin g a product, the buyer agre es tha t the purcha se is for

indivi dual us e onl y and wil l not sell or give the product to anoth er in dividual o r enti ty.

Closing Dates for the M aryland Register

Schedule of Closing Dates and Issue Dates for the

Maryland Register ................................................................ 387

COMAR Rese arch Aids

Table of Pending Propos als ....................................................... 388

Index of COMAR Titles Affected in This Issue

COMAR T itle Number and Name Page

08 Department of Natural Resources ................................... 443

09 Maryland Dep artment of Labor ...................................... 444

10 Maryland Dep artment of Health ............................. 440, 444

14 Independent Agencies ............................................ 441, 444

PERSONS WITH DISABILITIES

Individuals with disabilities who desire ass istance in using the publications and services of the Division of Stat e Documents are encouraged to call (410) 974-2486, or (800) 633-

9657, or FAX to (410) 974-2546, or through Mary land Relay.

The Governor

EXECUTIVE ORDER 01.01.2024.13

Authorizing the Secretary of Natural Resources to Modify

Rules for the Operation of Vessels in Close Proximity t o the

Francis Scott Key Bridge Area ..........................................

EXECUTIVE ORDER 01.01.2024.14

Prohibiting Certain Intercepts of Temporary Economic and

Financial Assist ance Relief Related to the Francis Scott Key

Bridge Collapse

The General Asse mbly

SYNOPSIS NO. 1

The Judiciary

SUPREME COURT OF M ARYLAND

DISCIPLINARY PROCEEDINGS ................................ 439

Final Action on Regulations

10 MARYLAND DEPARTMENT OF HEALTH

MARYLAND HEALTH CARE COM MISSION

Certification of Electronic Health Netw orks and Medical Care

Electronic Claims Clearinghouses

Health Information Exchanges: Privacy and Security of

Protected Health Information

14 INDEPENDENT AGENCIES

STATE HIGHER EDUCATION LABOR RELATIONS

BOARD

Definitions

General

Executive Director

Petitions

Elections

Denial or Revocation of Certification

Unfair Labor Practices

Permissible Labor-Related Activities

Collective Bargaining

Impasse Procedures

Hearings ..............................................................................

Procedures Governing Employ ee Information

PUBLIC EMPLOYEE RELATIONS BOARD

Definitions

Board Policy

General Course and Method of Operation

Filing

Computation of Time Periods

Requests for and Inspection of Board Documents

Petition for Adoption of Regulation

Procedures Applicable to All Proceedings

Unfair Labor Practice Proceedings

Representation Elections ......................................................

Decertification Elections

Petitions for Unit Clarification

Collective Bargaining

Impasse Procedures for Collective Bargaining

Negotiability Disputes

Withdrawal of Regulations

14 INDEPENDENT AGENCIES

MARYLAND ENERGY ADMINISTRATION

Maryland Energy Efficiency Standards

Propose d Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

Yellow Perch

09 MARYLAND DEPARTMENT OF LABOR

MARYLAND BOARD OF ELECTRICIANS

Continuing Education

10 MARYLAND DEPARTMENT OF HEALTH

NATALIE M. LAPRADE M EDICAL CANNABIS

COMM ISSION

Definitions

General Regulations

Certifying Providers

Patient and Caregiver Registry

Written Certifications

Patient and Caregiver Identification Cards

New Condition Approval Process

Medical Cannabis Grower

Medical Cannabis Grower Agent

Medical Cannabis Grower Premises

Medical Cannabis Growing Controls

Inventory Control by Grower ...............................................

Medical Cannabis Shipment Packaging

Licensed Grower Dispensary Facility

Medical Cannabis Grower Quality Control

Independent Testing Laboratory Registration

Complaints, Adverse Events, and Recall

Registration of Ancillary Businesses and Security Guard

Agencies

Medical Cannabis Processor License

Medical Cannabis Processor Agent .......................................

Medical Cannabis Processor Premises

Medical Cannabis Processor Operations

Medical Cannabis Concentrates and Medical Cannabis-

Infused Products

Medical Cannabis Finished Products Packaging ....................

Medical Cannabis Dispensary License

Registered Dispensary Agent

Licensed Dispensary Premises