Maryland Register, Volume 51, Issue 15, July 26, 2024

• Jurisdiction: Maryland
• Library: Maryland Register
• Published date: 26 July 2024
• Year: 2024

Maryland Register

Issue Date: July 26, 2024

Volume 51 • Issue 15 • Pages 699 — 732

IN THIS ISSUE

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Pursuant to State Government Article, §7-206, Annotated Code of Maryland, this issue contains all previously unpublished documents required to be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 May July 8, 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 July 8, 2024.

Gail S. Klakring

Acting Administrator, Division of State Documents

Office of the Secretary of State

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 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 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 n21401. Tel. 410-260-3876. 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.

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Wes Moore, Governor; Susan C. Lee, Secretary of State; Gail S. Klakring, Administrator; Mary D. MacDonald, Senior Editor, Maryland Register and COMAR; Tarshia N. Neal, 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.

Closing Dates for the Maryland Register

Schedule of Closing Dates and Issue Dates for the

Maryland Register ................................................................ 702

COMAR Research Aids

Table of Pending Proposals ....................................................... 703

Index of COMAR Titles Affected in This Issue

COMAR Title Number and Name Page

08 Department of Natural Resources ................................... 706

09 Maryland Department of Labor ...................................... 713

10 Maryland Department of Health ..................................... 706

14 Independent Agencies ................................................... 710

15 Maryland Department of Agriculture ............................. 711

26 Department of the Environment ..................................... 711

29 Department of State Police ............................................ 718

35 Maryland Department of Veterans and Military

Families .................................................................... 712

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

SUPREME COURT OF MARYLAND

DISCIPLINARY PROCEEDINGS ................................ 705

Final Action on Regulations

08 DEPARTMENT OF NATURAL RESOURCES

FISHERIES SERVICE

General

Oysters

Fish

Shellfish—General

10 MARYLAND DEPARTMENT OF HEALTH

MEDICAL CARE PROGRAMS

Medical Assistance Eligibility

General Medical Assistance Provider Participation

Criteria

General Medical Assistance Provider Participation

Criteria

Collaborative Care Model

MARYLAND HEALTHCHOICE PROGRAM

Maryland Medicaid Managed Care Program:

Definitions

Maryland Medicaid Managed Care Program: Benefits

MEDICAL CARE PROGRAMS

Community-Based Substance Use Disorder Services

FOOD

Food and Drink Processing and Transportation

Production, Processing, Transportation, Storage, and

Distribution of Grade “A” Milk

BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING

AID DISPENSERS, SPEECH-LANGUAGE

PATHOLOGISTS, AND MUSIC THERAPISTS

Collection of Fees

Code of Ethics

Licensure and Continuing Education

Rules of Procedure for Board Hearings

Music Therapy

Hearing Aid Dispensing

Civil Penalties

Speech-Language Pathology Assistants and Audiology

Assistants

Sanctioning Guidelines

BOARD OF NURSING—ELECTROLOGY PRACTICE

COMMITTEE

Instruments and Procedures

Sterilization Procedures

BOARD OF ENVIRONMENTAL HEALTH SPECIALISTS

General Regulations

Licensing Procedures

Continuing Education

BOARD OF MASSAGE THERAPY EXAMINERS

Rules of Procedure for Board Hearings

Code of Ethics .....................................................................

Advertising

Continuing Education Requirements

Record Keeping

Sanctioning Guidelines

14 INDEPENDENT AGENCIES

MARYLAND HEALTH BENEFIT EXCHANGE

General Provisions

Eligibility Standards for Enrollment in a Qualified Health

Plan, Eligibility Standards for APTC and CSR, and

Eligibility Standards for Enrollment in a Catastrophic

Qualified Health Plan in the Individual Exchange

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