Emergency Action on Regulations
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type indicates text existing before emergency status was granted.
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type indicates new text.
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Emergency Regulations
Under State Government Article, §10-111(b),
Annotated Code of Maryland, an agency may petition the Joint Committee on
Administrative, Executive, and Legislative Review (AELR), asking that the usual
procedures for adopting regulations be set aside because emergency conditions
exist. If the Committee approves the request, the regulations are given
emergency status. Emergency status means that the regulations become effective
immediately, or at a later time specified by the Committee. After the Committee
has granted emergency status, the regulations are published in the next
available issue of the Maryland Register. The approval of emergency status may
be subject to one or more conditions, including a time limit. During the time
the emergency status is in effect, the agency may adopt the regulations through
the usual promulgation process. If the agency chooses not to adopt the
regulations, the emergency status expires when the time limit on the emergency
regulations ends. When emergency status expires, the text of the regulations
reverts to its original language.
Title 14
INDEPENDENT AGENCIES
Subtitle 17 MARYLAND CANNABIS ADMINISTRATION
Notice of Emergency Action
[23-103-E]
The Joint Committee on Administrative, Executive, and
Legislative Review has granted emergency status to:
(1) New Regulation .01
under a new chapter, COMAR 14.17.01
Definitions;
(2) New Regulations .01—.03
under a new chapter, COMAR 14.17.02
General Regulations;
(3) New Regulations .01—.04
under a new chapter, COMAR 14.17.03
Social Equity;
(4) New Regulations .01—.10
under a new chapter, COMAR 14.17.04
Medical Cannabis Program;
(5) New Regulations .01—.08
under a new chapter, COMAR 14.17.05
Application Process and Issuance of Licenses;
(6) New Regulations .01—.10
under a new chapter, COMAR 14.17.06
Standard Cannabis Licenses;
(7) New Regulations .01—.08
under a new chapter, COMAR 14.17.07
Micro Licenses;
(8) New Regulations .01—.07
under a new chapter, COMAR 14.17.08
Laboratory Registration and Operations;
(9) New Regulations .01—.05
under a new chapter, COMAR 14.17.09
Other Cannabis Businesses;
(10) New Regulations .01—.05
under a new chapter, COMAR 14.17.10
Cannabis Grower Operations;
(11) New Regulations .01—.07
under a new chapter, COMAR 14.17.11
Cannabis Processor Operations;
(12) New Regulations .01—.09
under a new chapter, COMAR 14.17.12
Cannabis Dispensary Operations;
(13) New Regulations .01—.11
under a new chapter, COMAR 14.17.13
Cannabis Products;
(14) New Regulations .01—.06
under a new chapter, COMAR 14.17.14
Complaints, Enforcement, Record Keeping, and Inspections of Cannabis Businesses;
(15) New Regulations .01—.06
under a new chapter, COMAR 14.17.15
Cannabis Business Agents;
(16) New Regulations .01—.05
under a new chapter, COMAR 14.17.16
Cannabis Business Owners;
(17) New Regulations .01—.08
under a new chapter, COMAR 14.17.17
Secured Creditors and Receivership;
(18) New Regulations .01—.08
under a new chapter, COMAR 14.17.18
Finished Product Packaging;
(19) New Regulations .01—.05
under a new chapter, COMAR 14.17.19
Cannabis Research;
(20) New Regulations .01—.02
under a new chapter, COMAR 14.17.20
Prohibited Acts;
(21) New Regulations .01—.02
under a new chapter, COMAR 14.17.21 Fees;
and
(22) New Regulations .01—.12
under a new chapter, COMAR 14.17.22
Hearing Procedures.
Emergency status began:
July 1, 2023.
Emergency status
expires: June 30, 2024.
Estimate of Economic Impact
I. Summary of Economic Impact. In Fiscal Year (FY) 2024,
this emergency action will have a $52,292,152 net positive economic impact on
the Maryland Cannabis Administration budget. This amount represents revenue
increases incurred through application and licensing fees collected from new
growers, processors, and dispensaries, as well as tax revenue collected from
cannabis sales, less statutorily mandated fund allocations and expenditures
used for salaries and other operating expenses needed to implement the adult
use cannabis market. $19,727,152 of this amount will be returned to the General
Fund.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
(1) Maryland Cannabis
Administration
|
(E+)
|
$14,545,696
|
|
(2) Maryland Cannabis
Administration
|
(R+)
|
$66,837,848
|
|
B. On other State agencies:
|
|
|
|
(1) Maryland Department of
Health
|
(E+)
|
$1,972,715
|
|
(2) Department of Commerce
|
(E+)
|
$1,972,715
|
|
C. On local governments:
|
|
|
|
Local jurisdictions
|
(E+)
|
$48,642,997
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
|
|
|
Cannabis businesses
|
(-)
|
$65,426,275
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A(1). Due to the additional staff and operational costs needed to
support implementation, less retained fund balance, the Administration
anticipates $14,545,696 in new expenditures. Note: The retained fund balance
from the former Maryland Medical Cannabis Commission fund may offset FY 2024
expenses and increase subsequent General and Special Fund distribution.
A(2). The Administration is projecting $600M in first year adult
use sales. According to statute, adult use cannabis sales are subject to a 9%
tax rate. As such the Administration anticipates adult use sales will generate
$54M in revenue.
In FY 2024, the Administration will solicit applications for first
and second round licenses and will collect $32,200,000 in application fees.
The Administration anticipates the first round of licensure in
January 2024 will yield 30 micro growers, 30 micro processors, 10 micro
dispensaries, and four incubators. Due to the likelihood of delayed startup for
new standard cannabis businesses, no new standard licensed cannabis businesses
will be fully operational before the end of FY 2024. Therefore, the
Administration will collect a total of $365,000 in license fees from
operational micro licensees in FY 2024.
B(1). After the Administration’s costs are subtracted from the sales
tax revenue, fifty percent of the remaining funds, or $19,727,152, will be
distributed to certain funds. 5 percent ($1,972,7157) is allocated to the
Cannabis Public Health Fund to be administered by the Maryland Department of
Health.
B(2). After the Administration’s costs are subtracted from the
sales tax revenue, fifty percent of the remaining funds, or $19,727,152, will
be distributed to certain funds. 5 percent ($1,972,715) is allocated to the
Cannabis Business Assistance Fund to be administered by the Maryland Department
of Commerce.
C. After the Administration’s costs are subtracted from the sales
tax revenue, fifty percent of the remaining funds, or $19,727,152, will be
distributed to certain funds. 35 percent plus the revenue from conversion fees,
as discussed below ($13,809,006 + $32,861,275) is allocated to the Community
Reinvestment and Repair Fund to be administered to local jurisdictions by the
Comptroller. An additional 5 percent ($1,972,715) will also be allocated to
local jurisdictions.
All currently licensed medical cannabis businesses will convert to
licenses to operate medical and adult use cannabis businesses. The
Administration will collect license conversion fees from these businesses,
which include 18 growers, 17 processors, and 97 dispensaries. Standard license
conversion fees are based on Calendar Year (CY) 2022 total gross revenue.
Growers and processors are charged 10% of CY 2022 total gross revenue, and
dispensaries are charged 8% of CY 2022 total gross revenue. The amount of any
licensing or renewal fee paid by a business in FY 2023 will be credited against
the amount of the conversion fee due. The Administration will allow businesses
to pay in four installments over a period of 18 months. If all businesses elect
this option, the Administration will collect $32,861,275 of a total $65,722,550
from existing businesses during FY 24 and remit that amount to the Community
Reinvestment and Repair Fund.
D. All currently licensed medical cannabis businesses will convert
to licenses to operate medical and adult use cannabis businesses. The
Administration will collect license conversion fees from these businesses,
which include 18 growers, 17 processors, and 97 dispensaries. Standard license
conversion fees are based on Calendar Year (CY) 2022 total gross revenue.
Growers and processors are charged 10% of CY 2022 total gross revenue, and
dispensaries are charged 8% of CY 2022 total gross revenue. The amount of any
licensing or renewal fee paid by a business in FY 2023 will be credited against
the amount of the conversion fee due. The Administration will allow businesses
to pay in four installments over a period of 18 months. If all businesses elect
this option, the Administration will collect $32,861,275 of a total $65,722,550
from existing businesses during FY 24.
In FY 2024, the Administration will solicit applications for first
and second round licenses and will collect $32,200,000 in application fees.
The Administration anticipates the first round of licensure in
January 2024 will yield 30 micro growers, 30 micro processors, 10 micro
dispensaries, and four incubators. Due to the likelihood of delayed startup for
new standard cannabis businesses, no new standard licensed cannabis businesses
will be fully operational before the end of FY 2024. Therefore, the
Administration will collect a total of $365,000 in license fees from
operational micro licensees in FY 2024.
Economic Impact on Small Businesses
The emergency action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows.
Approximately half of cannabis business licensees, or 57
licensees, qualify as small businesses. This represents half of licensed
businesses. To the extent small businesses participate in the Maryland cannabis
industry, they will share in the revenue from newly legal adult use sales. They
will also be subject to the various requirements for businesses in this
industry, including conversion and license fees.
14.17.01 Definitions
Authority: Alcoholic Beverages and Cannabis Article, §36-101,
Annotated Code of Maryland
.01 Definitions.
A. In this subtitle, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Administration” means the Maryland Cannabis Administration
established under Alcoholic Beverages and Cannabis Article, §36-201, Annotated
Code of Maryland.
(2) “Advisory Council” means the Cannabis Public Health Advisory
Council established under Health-General Article, §13–4502, Annotated Code of
Maryland.
(3) “Agent” means an employee, a volunteer, or any other
authorized person who acts for or at the direction of a cannabis licensee or
cannabis registrant.
(4) “Ancillary business” means a business that is registered
with the Administration to deliver, transport, or dispose of cannabis or green
waste or provide security guard services to a cannabis licensee.
(5) Cannabis.
(a) “Cannabis” means the plant cannabis sativa l. and any part
of the plant, including all non-synthetically derived, extracts, cannabinoids,
isomers, acids, salts, and salts of isomers, whether growing or not, with a
delta–9–tetrahydrocannabinol concentration greater than 0.3 percent on a dry
weight basis.
(b) “Cannabis” includes cannabis products.
(c) “Cannabis” does not include hemp or hemp products, as
defined in the Agriculture Article, §14–101, Annotated Code of Maryland.
(6) Cannabis Product.
(a) “Cannabis product” means a product that is composed of
cannabis, cannabis concentrate, cannabis extract, or any other ingredient and
is intended for use or consumption.
(b) “Cannabis product” includes any product produced and
regulated under this subtitle, including:
(i) Cannabis vaporizing devices;
(ii) Concentrated cannabis products;
(iii) Edible cannabis products; and
(iv) Usable cannabis products.
(c) “Cannabis product” does not include a home cultivation
product.
(7) Cannabis Vaporizing Device.
(a) “Cannabis vaporizing device” means a device that can be used
to deliver aerosolized or vaporized cannabis or cannabis products to an
individual inhaling from the device.
(b) “Cannabis vaporizing device” includes:
(i) A vape pen;
(ii) Vaping liquid; and
(iii) Any component, part, or accessory of such a device
regardless of whether it is sold separately, including a concentrated or
infused cannabis liquid, for the purposes of heating and producing a vapor.
(8) Canopy.
(a) “Canopy” means the total square footage of space used by a
licensee to produce flowering cannabis plants.
(b) “Canopy” includes each layer of flowering cannabis plants
grown on any rack or shelving.
(c) “Canopy” does not include square footage used for:
(i)
Mother stock;
(ii) Propagation;
(iii) Immature or
nonflowering plants;
(iv) Processing;
(v) Drying;
(vi) Curing;
(vii) Trimming;
(viii) Storage;
(ix) Offices;
(x) Hallways;
(xi) Pathways;
(xii) Work areas; or
(xiii) Other
administrative and nonproduction uses.
(9) “Capsules” means a solid preparation containing a single
serving of tetrahydrocannabinol or other cannabinoid that:
(a) Is intended to be swallowed whole;
(b) Not formulated to be chewable,
dispersible, effervescent, orally disintegrating, used as a suspension, or
consumed in a manner other than swallowed whole; and
(c) Does not contain any added natural
or artificial flavor or sweetener.
(10) Caregiver.
(a) “Caregiver” means an individual who has agreed to assist
with a qualifying patient’s medical use of cannabis.
(b) “Caregiver” means, for a qualifying patient younger than 18
years old:
(i) A parent or legal guardian; and
(ii) Not more than two additional adults designated by the
parent or legal guardian.
(c) “Caregiver” does not include any designated school personnel
authorized to administer medical cannabis to a student in accordance with the
guidelines established under Education Article, §7-446, Annotated Code of
Maryland.
(11) “Certifying provider” has the meaning stated in Alcoholic
Beverages and Cannabis Article, §36-101, Annotated Code of Maryland.
(12) Concentrated Cannabis Product.
(a) “Concentrated cannabis product” means a product derived from
cannabis that has undergone a process to concentrate one or more active
cannabinoids.
(b) “Concentrated cannabis product” includes:
(i) Kief;
(ii) Hashish;
(iii) Bubble hash;
(iv) Oil;
(v) Wax;
(vi) Shatter;
(vii) Resin; or
(viii) Any other product produced by extracting cannabinoids
from the plant using solvents, carbon dioxide, heat, screens, presses or steam
distillation.
(c) “Concentrated cannabis product” does not include any
cannabis vaporizing device as defined in this regulation.
(13) “Conditional license” means a temporary preapproval for a
cannabis license issued pending satisfactory completion of the requirements for
licensing under COMAR 14.17.05.
(14) “Consumer” means an individual 21 years old or older who
purchases cannabis or a cannabis product from a licensed dispensary or on-site
consumption establishment.
(15) Control.
(a) “Control” means:
(i) The decision-making authority over the management,
operations, or policies that either guide a business or guide authority over
the operation of the technical aspects of a business; or
(ii) Authority over the operation of the technical aspects of
the business.
(b) “Control” includes:
(i) Holding a right to veto significant events;
(ii) The right or authority to make or veto decisions regarding
operations and strategic planning, capital allocations, acquisitions, and
divestments;
(iii) The right or authority to appoint or remove directors,
corporate-level officers, or their equivalent;
(iv) The right or authority to make major marketing, production,
and financial decisions; and
(v) The right or authority to execute exclusive contracts or
significant contracts in the aggregate of $10,000 or greater on behalf of the
licensee.
(16) “Clinical director” means an individual who:
(a) Is appointed by a licensed dispensary to provide information
on medical cannabis to qualifying patients, registered caregivers, and
dispensary agents;
(b) Meets the requirements of COMAR 14.17.04.09; and
(c) Is registered with the Administration.
(17) “Criminal history record check” means a State and national
criminal history records check in accordance with Alcoholic Beverages and
Cannabis Article, §36-505, Annotated Code of Maryland.
(18) “Delivery service” means a licensee authorized to deliver
cannabis in accordance with a micro license to operate a dispensary.
(19) Dispensary.
(a) “Dispensary” means an entity licensed under this title that
acquires, possesses, repackages, transports, sells, distributes, or dispenses
cannabis or cannabis products, including tinctures, aerosols, oils, and
ointments, related supplies, and educational materials for use by qualifying
patients, caregivers, or consumers through a storefront or through a delivery
service, based on license type.
(b) “Dispensary” includes standard and micro license types.
(20) “Disproportionately impacted area” means a geographic area
identified by the Office of Social Equity that has had above 150 percent of the
State’s 10-year average for cannabis possession charges.
(21) Edible Cannabis Product.
(a) “Edible cannabis product” means a cannabis product intended
for human consumption by oral ingestion, in whole or in part.
(b) “Edible cannabis product” includes a cannabis product that
dissolves or disintegrates in the mouth.
(c) “Edible cannabis product” does not include any concentrated
cannabis products, infused non-edible cannabis products, or capsules or
tinctures that do not contain any food or food ingredients.
(22) “Green waste” means unauthorized, misbranded, contaminated,
unused, surplus, returned, or out-of-date cannabis or product containing
cannabis.
(23) Grower.
(a) “Grower” means an entity licensed under Alcoholic Beverages
and Cannabis Article, §36-401, Annotated Code of Maryland, that cultivates or
packages cannabis and is authorized by the Administration to provide cannabis
to other licensees and registered independent testing laboratories.
(b) “Grower” includes standard and micro license types.
(24) High Potency Product.
(a) “High potency product” means a product that exceeds the
maximum potency for consumers, as established by the Administration, and may
only be sold or distributed to a qualifying patient or registered caregiver.
(b) “High Potency Product” includes:
(i) A concentrated cannabis product; and
(ii) An edible cannabis product, capsule, tincture, or infused
non-edible product that exceeds 10 milligrams THC per serving or 100 milligrams
THC per package.
(25) Home Cultivation Product.
(a) “Home cultivation product” means the clones, seeds,
seedlings, stalks, roots, and stems of the cannabis plant for home cultivation.
(b) “Home cultivation product” does not include any plant that
is:
(i) Wider than 6 inches;
(ii) Taller than 6 inches; or
(iii) Otherwise in a vegetative or flowering state.
(26) “Incubator space” means a facility where a micro licensee
may operate in accordance with Alcoholic Beverages and Cannabis Article,
§36-406, Annotated Code of Maryland.
(27) “Independent testing laboratory” means a facility, entity
or site that is:
(a) Registered with the Administration
to perform tests on cannabis or cannabis products;
(b) Independent of any entity licensed
under Alcoholic Beverages and Cannabis Article, §36-401, Annotated Code of
Maryland, to grow, process or dispense cannabis; and
(c) Accredited as operating to International Organization for
Standardization (ISO) standard 17025 by an accreditation body:
(i) Operating in accordance with ISO standard ISO/IEC 17011; and
(ii) That is a signatory to the International Laboratory
Accreditation Cooperation (ILAC) Mutual Recognition Arrangement (MRA).
(28) “Infused non-edible cannabis product” means ointment,
salve, suppository, dermal patch, cartridge, or any other product containing
cannabis that has been processed so that the dried leaves and flowers are
integrated into other material that is not intended for human consumption by
oral ingestion.
(29) “Law enforcement agency” means a governmental police force,
sheriff’s office, security force, or law enforcement organization of the State,
a county, or a municipal corporation that by statute, ordinance, or common law
is authorized to enforce the general criminal laws of the State.
(30) Licensee.
(a) “Licensee” means a business licensed by the Administration
in accordance with Alcoholic Beverages and Cannabis Article, §36-401, Annotated
Code of Maryland.
(b) “Licensee” includes any:
(i) Micro grower;
(ii) Micro processor;
(iii) Micro dispensary;
(iv) Standard grower;
(v) Standard processor;
(vi) Standard dispensary;
(vii) Incubator space; and
(viii) On-site consumption establishment.
(31) Liquid Edible Product.
(a) “Liquid edible product” means an edible cannabis product
that is a liquid beverage or liquid food-based product for which the intended
use is oral consumption.
(b) “Liquid edible product” excludes a tincture as defined in
this section.
(32) “Micro license” means a license to operate a cannabis
business that does not exceed the limits established in Alcoholic Beverages and
Cannabis Article, §36-401(c)(2), Annotated Code of Maryland.
(33) “On-site consumption establishment” means an entity
licensed by the Administration to distribute cannabis or cannabis products for
on-site consumption other than by smoking indoors.
(34) “Owner” means a person with an ownership interest in a
cannabis license.
(35) “Ownership interest” means a direct or indirect equity
interest in a cannabis license, including in its shares or stock.
(36) “Passive investor” means an individual or an entity that:
(a) Holds an aggregate
ownership interest of less than 5 percent in a cannabis licensee; and
(b) Does not have control of
the cannabis licensee.
(37) “Personal use amount” means an amount of:
(a) Cannabis that does not exceed 1.5 ounces;
(b) Concentrated cannabis that does not exceed 12 grams;
(c) Cannabis products containing no more than 750 milligrams of
delta-9-tetrahydrocannabinol;or
(d) Two or fewer cannabis plants.
(38) “Principal officer” means a board member, a president, a
vice president, a secretary, a treasurer, a partner, an officer, a managing
member, or any other individual with a profit sharing, financial interest, or
revenue sharing arrangement, including an individual with the authority to
control a cannabis license.
(39) “Processing” means the manufacture of usable cannabis into
a cannabis concentrate or manufacture of a cannabis-infused product.
(40) Processor.
(a) “Processor” means an entity licensed by the Administration
in accordance with Alcoholic Beverages and Cannabis Article, §36-401, Annotated
Code of Maryland, that:
(i) Transforms cannabis into another product, or an extract, and
packages and labels the cannabis product; and
(ii) Is authorized by the Administration to provide cannabis to
licensed dispensaries and registered independent testing laboratories.
(b) “Processor” includes standard and micro license types.
(41) “Qualifying patient” means an individual who:
(a) Has been provided with a valid written certification by a
certifying provider in accordance with a bona fide provider–patient
relationship; and
(b) If younger than 18 years old, has a caregiver.
(42) Registrant.
(a) “Registrant” means a business registered by the
Administration to operate in the cannabis industry.
(b) “Registrant” includes:
(i) Independent testing laboratories;
(ii) Transporter businesses;
(iii) Security guard company; and
(iv) Waste disposal company.
(43) “Seed-to-sale tracking system” means a software system
procured by the Administration that tracks cannabis from either the seed or
immature plant stage, until the cannabis is sold to a patient, caregiver, or
consumer.
(44) Serious Adverse Event.
(a) “Serious adverse event” means an
undesirable experience associated with the use of cannabis where the outcome
was death, life-threatening, hospitalization, disability or permanent damage,
congenital anomaly or birth defect or any other important medical event.
(b) “Serious adverse event” includes an
experience that required intervention to prevent permanent impairment or
damage.
(45) “Social equity applicant” means an applicant for a cannabis
license or cannabis registration that:
(a) Has at least 65
percent ownership and control held by one or more individuals who:
(i) Have lived in a disproportionately impacted area for at
least 5 of the 10 years immediately preceding the submission of the
application;
(ii) Attended a public school in a disproportionately impacted
area for at least 5 years; or
(iii) For at least 2 years, attended a 4-year institution of
higher education in the State where at least 40 percent of the individuals who
attend the institution of higher education are eligible for a Pell Grant; or
(b) Meets any other criteria established by the Administration.
(46) Social Equity Licensee.
(a) “Social equity licensee” means a social equity applicant who
has been awarded a cannabis license.
(b) “Social equity licensee” includes a grower, processor, or
dispensary that:
(i) Held a Stage One Preapproval for a license before October 1,
2022; and
(ii) Was not operational before October 1, 2022.
(47) “Social Equity Partnership Grant” means a program within
the Office of Social Equity that awards grants to promote qualifying
partnerships between operational licensees and social equity licensees.
(48) “Standard license” means a license to operate a cannabis
business that complies with the limits established in Alcoholic Beverages and
Cannabis Article, §36-401(c)(1), Annotated Code of Maryland.
(49) “State cannabis testing laboratory” means a laboratory
operated by the Administration in accordance with Alcoholic Beverages and
Cannabis Article, §36-204, Annotated Code of Maryland.
(50) “Tetrahydrocannabinol” or “THC”, unless otherwise
specified, means any:
(a) Tetrahydrocannabinol, including
delta-8-tetrahydrocannabinol, delta-9-tetrahydrocannabinol, and
delta-10-tetrahydrocannabinol, regardless of how derived;
(b) Other cannabinoid, other than cannabidiol that the
Administration determines to cause intoxication; and
(c) Other chemically similar compound, substance, derivative, or
isomer of tetrahydrocannabinol, as identified by the Administration.
(51) “Tincture” means a solution that is:
(a) Dissolved in alcohol, glycerin, or vegetable oil; and
(b) Distributed in a dropper bottle of four ounces or less.
(52) Usable Cannabis.
(a) “Usable cannabis” means the dried leaves and flowers of the
cannabis plant.
(b) “Usable cannabis” does not include seedlings, seeds, stems,
stalks, or roots of the plant or the weight of any noncannabis ingredients
combined with cannabis, such as ingredients added to prepare a topical
administration.
(53) Usable Cannabis Product.
(a) “Usable cannabis product” means a prepackaged product
containing usable cannabis.
(b) “Usable cannabis product” includes:
(i) A pre-rolled amount of usable cannabis;
(ii) Securely stored, sealed, and labeled amount of usable
cannabis; and
(iii) Any other type or amount of usable cannabis that has been
wrapped, rolled, or otherwise encased for the purposes of smoking.
(54) “Written certification” means a certification that:
(a) Is issued by a certifying provider to a qualifying patient
with whom the provider has a bona fide provider–patient relationship;
(b) Includes a written statement certifying that, in the
certifying provider’s professional opinion, after having completed an
assessment of the patient’s medical history and current medical condition, the
patient has a condition:
(i) That meets the inclusion criteria and does not meet the
exclusion criteria of the certifying provider’s application; and
(ii) For which the potential benefits of the medical use of
cannabis would likely outweigh the health risks for the patient; and
(c) May include a written statement certifying that, in the
certifying provider’s professional opinion, a 30–day supply of medical cannabis
would be inadequate to meet the medical needs of the qualifying patient.
14.17.02 General
Regulations
Authority: Alcoholic Beverages and Cannabis Article, §§36-201,
36-401, and 36-403, Annotated Code of Maryland
.01 Succession of the
Maryland Medical Cannabis Commission.
A. The Maryland Cannabis Administration is the successor entity
to the Natalie M. LaPrade Medical Cannabis Commission.
B. The Maryland Cannabis Administration has the authority of the
Natalie M. LaPrade Medical Cannabis Commission set forth in COMAR
10.62.01—10.62.37.
C. Any bulletin, final order, notice of violation, or formal
changes issued by the Natalie M. LaPrade Medical Cannabis Commission remains
valid and stands as authorized by the Maryland Cannabis Administration.
D. Except as otherwise provided in this subtitle or Alcoholic
Beverages and Cannabis Article, Title 36, Annotated Code of Maryland, a
registration issued by the Natalie M. LaPrade Medical Cannabis Commission shall
be valid until the stated expiration date for each:
(1) Patient or caregiver;
(2) Certifying provider;
(3) Clinical director;
(4) Agent;
(5) Independent testing laboratory; and
(6) Other ancillary business registrations.
E. This subtitle shall be considered supplemental to the
Maryland Medical Cannabis Commission regulations set forth in COMAR
10.62.01—10.62.37.
F. If any regulation in COMAR 10.62.01—10.62.37 conflicts or is
inconsistent with any regulations in this subtitle, this subtitle prevails.
G. The Maryland Cannabis Administration may rescind, revoke,
correct, or reissue any bulletin, final order, notice of violation, or formal
changes issued by the Natalie M. LaPrade Medical Cannabis Commission.
.02 Single Supply Chain
for Cannabis Products.
Except as otherwise provided in this subtitle, all cannabis
grown, harvested, processed, transported, delivered, produced, manufactured, or
sold in Maryland shall follow the regulations in this subtitle.
.03 Conversion of
Medical Cannabis License.
A. This regulation applies to each licensee required to pay a
conversion fee under Alcoholic Beverages and Cannabis Article, §36-403,
Annotated Code of Maryland.
B. The conversion fee shall be based on the gross revenue of a
licensee and calculated by the Administration using the State’s seed-to-sale
tracking system for calendar year 2022.
C. Licensees choosing to convert their license shall, on or
before July 1, 2023:
(1) Pay the conversion fee as calculated by the Administration
in full; or
(2) Enter into a payment plan with the Administration.
D. The payment plan under §C(2) of this regulation shall
establish:
(1) The conversion fee as calculated by the Administration;
(2) The exact payment amount required under each payment
installment; and
(3) Payment due dates as directed by the Administration for four
equal payment installments over an 18-month period.
E. On or before January 1, 2025, a licensee shall pay the
installment payment in full in accordance with §D of this regulation.
F. A licensee that does not meet a payment deadline is subject
to:
(1) An administrative hold on their ability to transfer cannabis
or cannabis products to another licensee or distribute or dispense cannabis or
cannabis products to a qualifying patient, registered caregiver, or consumer
until payment is remitted to the Administration; and
(2) After a period of 30 days, license suspension or revocation.
G. A converted license shall be valid for a period of 5 years,
beginning on July 1, 2023.
H. A converted license is not transferrable prior to July 1,
2028, except as provided under Alcoholic Beverages and Cannabis Article,
§36-503, Annotated Code of Maryland.
I. A licensee may not register with the State Department of
Assessment and Taxation using a legal name that:
(1) Uses the terms “cannabis”, “marijuana”, or other synonym
related to controlled substances;
(2) Suggests the use of cannabis as an intoxicant; or
(3) Incorporates any copyrighted material or trademark or
service mark attributable to another entity.
14.17.03 Social Equity
Authority: Alcoholic Beverages and Cannabis Article, §1-309.1,
Annotated Code of Maryland
.01 Scope.
A. This chapter applies to the Office of Social Equity, an
independent office that functions within the Maryland Cannabis Administration,
whose mission is to promote and encourage participation in the regulated
cannabis industry by people from communities that have previously been
disproportionately impacted by the war on drugs.
.02 Definitions.
A. In this chapter, the following terms have the meanings
indicated:
B. Terms Defined.
(1) “Operational cannabis licensee” means a licensee that was
operational prior to October 1, 2022.
(2) “Qualifying partnership” means a meaningful partnership
between a social equity licensee and an operational cannabis licensee that
supports or advises the social equity licensee.
.03 Social Equity
Partnership Grant Program.
A. The Social Equity Partnership Grant Program shall promote
qualifying partnerships between operational cannabis licensees and social
equity licensees.
B. The Office of Social Equity shall implement and administer
the grant program, including approving qualifying partnerships.
C. The Office of Social Equity may approve a qualifying
partnership where a cost or other fee is imposed by an operational cannabis
licensee, if the cost or other fee is substantially reduced from the market
value.
D. If an operational cannabis licensee has a license that was
converted under Alcoholic Beverages and Cannabis Article, §36-401(b)(1)(ii),
Annotated Code of Maryland, the total amount of any grant issued to the
licensee may not exceed the lesser of:
(1) The cost of the conversion fee that was paid by the
licensee; or
(2) $250,000 per year per qualifying partnership.
E. Qualifying partnerships under this regulation may not:
(1) Explicitly or implicitly transfer, including through
convertible debt, any ownership or control from the social equity licensee to
the operational cannabis licensee;
(2) Require the social equity business to conform with any
branding, messaging, standard operating procedures, or other infringement on
the social equity licensees’ operations; or
(3) Otherwise restrict, hinder, exploit, or unfairly treat the
social equity licensee to benefit the operational cannabis licensee.
F. In addition to any other applicable penalties established in
this subtitle and COMAR 10.62, including suspending, fining, restricting, or revoking
a license, an operational cannabis licensee found in violation of §E of this regulation may be subject to
any of the following sanctions:
(1) Restriction, revocation, or invalidation of any qualifying
partnership approved by the Office of Social Equity;
(2) Rescission or invalidation of any attempted transfer of
ownership or control; or
(3) Repayment of any grant funding received by the operational
cannabis licensee.
.04 Reporting
Requirements.
Within 30 days of a written request, a cannabis licensee shall
provide any data and information required by the Office of Social Equity to:
A. Complete statutorily mandated
reports;
B. Evaluate the diversity and equity
of ownership, management, employment, and contracted goods and services in the
legal cannabis economy in Maryland; and
C. Operate and evaluate the Social
Equity Partnership Grant Program.
14.17.04 Medical
Cannabis Program
Authority: Alcoholic Beverages and Cannabis Article, §§36-201,
36-301,
36-302, 36-410, and 36-601, Annotated Code of Maryland
.01 Certifying
Providers.
A. The Administration shall register a certifying provider in
accordance with COMAR 10.62.03.
B. Action Against a Provider.
(1) After a written notice and a hearing in accordance with
COMAR 14.17.22 if such hearing is properly requested, the Administration may
deny a certifying provider’s application for registration, or revoke
registration to certify if the provider:
(a) Fraudulently applies for approval;
(b) Fraudulently issues a written certification; or
(c) Fails to comply with this chapter.
(2) The Administration shall report any finding to the State
licensing board of the provider and may refer any allegation of fraud or
conduct that threatens public health by a certifying provider.
.02 Patient and Caregiver Registry.
The Administration shall maintain a registry of qualifying
patients and caregivers in accordance with COMAR 10.62.04.
.03 Written Certification.
A. A certifying provider shall issue a written certification in
accordance with COMAR 10.62.05.01.
B. A written certification shall be renewed in accordance with
COMAR 10.62.05.02.
.04 Patient and Caregiver Identification Cards.
A. The Administration shall issue patient identification cards
in accordance with COMAR 10.62.06.01.
B. The Administration shall issue caregiver identification cards
in accordance with COMAR 10.62.06.02.
C. Renewal, replacement, revocation, confiscation, and
modification to patient and caregiver identification cards shall be done in
accordance with COMAR 10.62.06.03—10.62.06.07.
D. A qualifying patient and registered caregiver shall pay the
fees associated with registration under COMAR 14.17.21.
.05 Product Reservation for Qualifying Patients.
A dispensary may only sell or dispense high potency products to
a qualified patient or registered caregiver, as specified in COMAR 14.17.13.03.
.06 Accommodations for Qualifying Patients.
A. A standard cannabis dispensary licensed under COMAR
14.17.06.08 shall:
(1) Provide exclusive access to the licensed premises to
qualifying patients and registered caregivers for at least one hour per day
that the dispensary is operational or a dedicated service line to serve only
qualifying patients and caregivers for the duration of the licensed premises’
operating hours;
(2) Conspicuously display information about the reserved hours
or dedicated service line for qualifying patients and registered caregivers,
whichever is applicable on:
(a) The front of the licensed premises; and
(b) If applicable, the licensed dispensary’s social media
accounts and public-facing website.
(3) If providing reserved hours, maintain a consistent schedule.
B. A standard cannabis dispensary may offer additional time and
accommodation for qualifying patients and registered caregivers beyond the
requirements in §A of this regulation, including reserving for qualifying and
registered caregivers:
(1) Priority access to the dispensary service area; and
(2) Parking spaces near the entrance of the dispensary, if
applicable.
.07 Compassionate Use Fund.
A. The purpose of the
Compassionate Use Fund is to reduce the cost of obtaining a medical assessment
to determine the appropriateness of treatment with cannabis or reduce the cost
of medical cannabis for individuals enrolled in the Maryland Medical Assistance
Program or in the Veterans Affairs Maryland Health Care System.
B. The Administration
shall, in consultation with the Cannabis Public Health Advisory Council,
certifying providers, cannabis licensees, and qualifying patients, develop
regulations to implement the Compassionate Use Fund program in accordance with
Alcoholic Beverages and Cannabis Article, §36-601, Annotated Code of Maryland.
.08 New Condition Approval Process.
A. The Administration shall consider a petition to add a medical
condition, medical treatment, or disease for approved medical cannabis use in
accordance with COMAR 10.62.07.
B. The Administration may refer a petition for consideration to
the:
(1) Cannabis Public Health Advisory Council; or
(2) Advisory Board on Medical and Adult-use Cannabis.
C. If the Advisory Council or the Advisory Board on Medical and
Adult-use Cannabis considers a petition to add a medical condition, treatment,
or disease for approved medical cannabis use, the Advisory Council or the
Advisory Board on Medical and Adult-use Cannabis shall study and make
recommendations to the Administration on whether to approve or deny the
petition.
.09 Clinical Directors.
A. A licensed dispensary shall appoint at least one individual
to function as clinical director who:
(1) Is eligible to serve as a certifying provider, as defined in
COMAR 14.17.01;
(2) Is a licensed pharmacist in good standing with the State
Board of Pharmacy; or
(3) Has substantial education, training, and experience in the
medical use of cannabis, as determined by the Administration and is a:
(a) Registered nurse in good standing with the State Board of
Nursing; or
(b) Licensed naturopathic doctor in good standing with the State
Board of Physicians.
B. During the hours of operation, a licensed dispensary shall
have a clinical director:
(1) On-site; or
(2) Available via electronic communication.
C. A clinical director shall:
(1) Register as a clinical director with the Administration;
(2) Complete at least one training course each year that is approved
by the Administration, which includes:
(a) The latest scientific research on medical cannabis;
(b) The risks and benefits of medical cannabis; and
(c) Other information considered necessary by the
Administration;
(3) Educate qualifying patients and caregivers on:
(a) Treatment of the qualifying patient’s medical condition with
medical cannabis;
(b) Potential drug-to-drug interactions, including interactions
with alcohol, prescription drugs, non-prescription drugs, and supplements;
(c) Possible side effects or contraindications of medical
cannabis use;
(d) The potential for differing strengths and effects of medical
cannabis strains; and
(e) Different methods, forms, and routes of medical cannabis
administration.
(4) Provide training to dispensary agents on:
(a) Guidelines for providing information to qualifying patients
related to risks, benefits, and side effects associated with medical cannabis;
(b) Recognizing signs and symptoms of substance abuse; and
(c) Guidelines for refusing to provide medical cannabis to an
individual who appears to be under the influence of drugs or alcohol.
D. A clinical director for a licensed dispensary may not provide
a written certification for medical cannabis to any qualifying patient.
.10 Tax Exemption of Medical Cannabis.
Medical cannabis sold to qualifying patients or registered
caregivers under this chapter shall be exempt from any sales and use tax
assessment.
14.17.05 Application
Process and Issuance of Licenses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-401, 36-505, and 36-404, Annotated Code of Maryland
.01 Scope.
This chapter applies to the distribution of any cannabis
licenses through a lottery system, including a:
(1) Standard grower license;
(2) Standard processor license;
(3) Standard dispensary license;
(4) Micro grower license;
(5) Micro processor license;
(6) Micro dispensary license;
(7) On-site consumption establishment license; and
(8) Incubator space license.
.02 Application Requirements.
A. An applicant shall submit an application to the
Administration for a license.
B. A submitted application shall conform with the requirements
established under Alcoholic Beverages and Cannabis Article, §36-404, Annotated
Code of Maryland.
C. An application shall be:
(1) Completed on a form designated by the Administration; and
(2) Accompanied by the application fee as specified in COMAR
14.17.21.
D. An applicant, including any individual or entity that holds
an ownership interest in or control of the applicant, may only be listed on:
(1) One application per license type per application round; and
(2) Two applications for any license type per application round.
E. Any applicant that violates §D of this regulation may not be
considered by the Administration for licensure.
F. The Administration may not require an applicant to possess or
own any property or facility to operate a cannabis business at the time of the
application.
G. The Administration may verify an applicant’s status as a
social equity applicant prior to the initial application and licensure.
H. Any information an applicant submits in support of their
social equity status in §G of this regulation is considered part of the
application and is subject to verification by the Administration.
.03 Application
Notification, Submission, and Review.
A. The Administration shall announce an application round at
least 60 days prior to the acceptance of applications. The announcement shall
include:
(1) Types of licenses available during the licensing round;
(2) Number of licenses available by license type;
(3) Beginning and closing day of the application period; and
(4) Any regional, jurisdictional, or other geographical
considerations in the licensing round.
B. The Administration shall accept applications for a period of
30 calendar days.
C. The Administration shall conduct extensive outreach to small,
minority, and women business owners and potential social equity applicants
prior to accepting applications.
D. Upon the closing of any application period, the
Administration shall announce the number of applications submitted and the
maximum number of licenses that may be awarded within each license category and
pool of applications.
E. Application Review.
(1) The burden of proving an applicant’s qualifications rests on
the applicant.
(2) The Administration may:
(a) Deny an application that:
(i) Is not complete in every material detail;
(ii) Contains a material misstatement, omission,
misrepresentation, or untruth;
(iii) Does not meet the minimum qualifications for the lottery;
or
(iv) Is not submitted by the established deadline; and
(b) Request any additional
information from any applicant, if it deems the information necessary to review
or process the application; and
(c) If the applicant does not
provide the additional requested information within 10 calendar days, deny the
application.
(3) The Administration shall determine whether a submitted
application meets the minimum qualifications for the lottery on a pass-fail
basis by reviewing:
(a) A detailed operational plan for the safe, secure, and
effective operation of the business;
(b) A business plan demonstrating a likelihood of success and
sufficient ability and experience on the part of the applicant, and providing
for appropriate employee working conditions;
(c) A detailed diversity plan; and
(d) For the first round of licensing and otherwise as required
under Alcoholic Beverages and Cannabis Article, §36-404, Annotated Code of
Maryland, for any subsequent round of licensing, documentation that the
applicant meets the requirements of a social equity applicant.
F. Minimum qualifications in §E(3) of this regulation shall be
established by the Administration and communicated to prospective applicants
prior to the application period.
G. The Administration may award fewer licenses than authorized under
law in any licensing round.
H. The Administration may require an applicant, or any
individual or entity that holds an ownership interest in or control of the
applicant, to complete an attestation demonstrating the applicant meets the
requirements for award established in Alcoholic Beverages and Cannabis Article,
Title 36, Subtitle 4, Annotated Code of Maryland.
.04 Lottery Award and
Conditional License.
A. Lottery.
(1) The Administration shall conduct a lottery that is
impartial, random, and in a format selected by the Administration.
(2) Any applicant that meets the minimum qualifications for
licensing shall be placed in the lottery.
(3) Subsequent to the lottery, the Administration shall notify
all applicants of whether their application was selected in the lottery.
(4) The Administration may request any additional information or
supporting documentation from an applicant selected in the lottery necessary to
verify aspects of the application, including but not limited to additional
information and supporting documentation related to the ownership and control
of the applicant.
(5) The Administration may deny issuing a conditional license to
an applicant selected in the lottery if:
(a) The applicant fails to provide any additional information or
supporting documentation requested pursuant to §A(4) of this regulation within
10 calendar days;
(b) Any additional information or supporting documentation
submitted by the applicant demonstrates the applicant is not eligible for a
license under this subtitle or Alcoholic Beverages and Cannabis Article, Title
36, Annotated Code of Maryland; or
(c) The Administration determines that the applicant violated
COMAR 14.17.05.02D.
(6) The Administration shall notify an applicant who has been
awarded a conditional license within 5 calendar days of the award.
B. Conditional License.
(1) A conditional licensee shall complete a supplemental license
application.
(2) A supplemental license application shall require a
conditional licensee to:
(a) Undergo a criminal history records check in accordance with
Alcoholic Beverages and Cannabis Article, §36-505, Annotated Code of Maryland;
(b) Complete a financial background investigation conducted by
the Administration;
(c) Verify any information or supporting documentation provided
in the application;
(d) Disclose any adverse action taken against a professional or
business license held in any jurisdiction by the applicant or any individual or
entity holding an ownership interest in the applicant;
(e) Waive any contractual, statutory, or common law obligation
of confidentiality and authorize any government agency in any jurisdiction to
release to the Administration all information the conditional licensee has
provided to any other jurisdiction while seeking a cannabis-related license in
that other jurisdiction, as well as the information obtained by that other
jurisdiction during any investigation it may have conducted regarding the
applicant; and
(f) Release all financial institutions, fiduciaries, and other
parties from any contractual, statutory, or common law obligation of
confidentiality to provide financial, personal and background information
relevant to the conditional licensee’s capacity to manage a licensed facility;
and
(g) Identify and demonstrate legal control of the proposed site,
through lease, purchase, or other means, for the cannabis business.
C. Any conditional license not awarded due to circumstances in
§A of this regulation may be awarded by lottery using the same pool of
applicants as the initially selected application.
.05 Issuance of a
License or Rescission of a Conditional License.
A. Conditional License Period.
(1) The conditional license period:
(a) Begins on the day that a
conditional license is issued to the selected applicant; and
(b) Expires 18 months
after the day that conditional license was issued or at the end of an extension
granted by the Administration.
(2) A conditional licensee may apply for an extension of the
conditional license.
(3) The Administration may approve a one-time extension of up to
6 months, if the Administration determines the conditional licensee has made
consistent good faith efforts to establish a cannabis business.
(4) During the conditional license period, a conditional
licensee shall:
(a) Complete a supplemental license application;
(b) Establish legal control of the proposed site, through lease,
purchase, or other means, for the cannabis business;
(c) Gain zoning or planning approval from a political
subdivision, if applicable; and
(d) Register the business with the State Department of
Assessment and Taxation
(5) During a conditional
license period, a conditional licensee may not:
(a) Engage in purchasing, possessing, cultivating,
manufacturing, or selling cannabis or cannabis products;
(b) Make any transfer of an ownership interest that causes a
change in the individual or entity that holds the controlling ownership
interest;
(c) Make any transfer of control, as defined in COMAR 14.17.01;
and
(d) If the conditional licensee qualified as a social equity
applicant, make any transfer of an ownership interest that causes the
conditional licensee to no longer comply with the social equity applicant
definition in COMAR 14.17.01.
(6) During a conditional license period, a conditional licensee
may obtain additional resources by adding:
(a) Grants and loans from new or existing financial sources not
listed in the initial application; and
(b) Owners and passive investors.
(7) Any additional resources obtained by a conditional licensee
made under §A(6) of this regulation may not violate this subtitle or Alcoholic
Beverages and Cannabis Article, Title 36, Subtitle 4, Annotated Code of Maryland.
B. Rescission of a Conditional License. The Administration may
rescind a conditional license if a conditional licensee, or any individual or
entity included in the supplemental license application:
(1) Has been convicted of or pleaded nolo contendere to a crime
involving moral turpitude, whether or not any appeal or other proceeding is
pending to have conviction or plea set aside;
(2) Fraudulently or deceptively attempts to obtain a license;
(3) Is ineligible to hold an ownership interest in or control of
a business licensed under Alcoholic Beverages and Cannabis Article, Title 36,
Subtitle 4, Annotated Code of Maryland;
(4) Fails to reveal any material fact pertaining to the
conditional licensee’s qualification for a license;
(5) Fails to submit a complete supplemental license application;
(6) Fails to become licensed and operational within:
(a) 18 months after the day
the conditional license was issued; or
(b) If granted an extension,
the day after the expiration of any extension granted by the Administration.
(7) Violates §A(5) of this regulation;
(8) Is not registered or in good standing with the State
Department of Assessment and Taxation; or
(9) Has taxes in arrears in any jurisdiction.
C. The Administration may
award a license on a determination that:
(1) The conditional licensee has submitted a complete
supplemental license application;
(2) The supplemental license application, including any
individual or entity included in the application, does not violate §B of this
regulation;
(3) The license fee specified in COMAR 14.17.21 has been paid;
(4) All inspections are passed, and all the conditional
licensee’s operations conform to the specifications of the application as
approved pursuant to this chapter; and
(5) The proposed premises:
(a) Are under the legal control of the conditional licensee; and
(b) Comply with all zoning and planning requirements.
D. A licensed business may
not grow, process, distribute, dispense, or otherwise begin business operations
without approval of written documentation under §C of this regulation by the
Administration.
E. The Administration may not
award a license to a business who has registered with the State Department of
Assessment and Taxation using a legal name that:
(1) Uses the terms “cannabis”, “marijuana”, or other synonym
related to controlled substances;
(2) Suggests the use of cannabis as an intoxicant; or
(3) Incorporates any copyrighted material or trademark or
service mark attributable to another entity.
F. The Administration may suspend, fine, restrict, or revoke a license if a
licensee has:
(1) Fraudulently or deceptively submitted written documentation
to the Administration;
(2) Violated Alcoholic Beverages and Cannabis Article, Title 36,
Subtitle 11, Annotated Code of Maryland; or
(3) Began operations prior to Administration approval.
.06 Application
Retention.
A. Upon notification that an applicant was not selected by the
lottery, the applicant may request the Administration retain the application
for subsequent licensure application rounds.
B. The Administration shall retain any application requested for
retention by the applicant for a period of one year.
C. The Administration may contact an applicant with a retained
application for any additional information required for subsequent licensing
rounds.
D. Any application retained by the Administration that meets the
specifications and requirements of a subsequent licensing round within the
one-year retention period shall be automatically entered into the lottery if:
(1) The applicant has properly amended the application if
requested by the Administration under §C of this regulation; and
(2) Any additional information requested by the Administration
has been updated.
E. The Administration may not enter a retained application into
a subsequent lottery round if:
(1) Any individual included in the application is associated
with additional applications in the licensing round that exceed the
restrictions in COMAR 14.17.05.02D;
(2) Any individual included in the application is in violation
of ownership restrictions under COMAR 14.17.16, or the awarding of a license
would place the individual in violation of ownership restrictions under COMAR
14.17.16; and
(3) Any individual associated with the application has been
found to be in violation of the Alcoholic Beverages and Cannabis Article, Title
36, Subtitle 11, Annotated Code of Maryland.
.07 Hearing Rights of
Applicants.
A. Records Review.
(1) An applicant not entered into the lottery by the
Administration may request a records review of the submitted application within
10 days of notification that their application does not meet the minimum
qualifications for the lottery on a pass-fail basis.
(2) A records review shall consist of an opportunity for the
applicant to examine the applicant’s records received by the Administration and
verify the basis on which the application was deemed ineligible for the
lottery.
(3) No applicant may gain access to records submitted by any
other applicant through the records review process.
B. A selected applicant or an applicant who applies pursuant to
COMAR 14.17.05.06 who subsequently has their application denied by the
Administration or a conditional licensee who has their conditional license
rescinded pursuant to Regulation .05B of this chapter may request a hearing
under COMAR 14.17.22.
C. An applicant who meets the minimum qualifications for the
lottery, but is not selected in the lottery, may not appeal or request a
hearing. The application shall be retained by the Administration in accordance
with Regulation .06 of this chapter.
.08 Lottery Exemption.
A. Pigford v. Glickman Class Members.
(1) The Administration may issue up to five conditional grower
licenses to recognized class members of Pigford v. Glickman, 185 32 F.R.D. 82
(D.D.C. 1999), or In Re Black Farmers Litig., 856 F. Supp. 2d 1 (D.D.C. 2011)
who:
(a) Were awarded damages related to farming operations in
Maryland;
(b) Have provided evidence to the Administration that they have
not been fully compensated for discrimination and continue to experience
challenges due to past or present discrimination; and
(c) Meet all other application criteria established by the
Administration under this chapter.
(2) If there are more qualified applications than the number of
licenses available, the Administration shall conduct a lottery for all
applicants that meet the minimum qualifications for licensing established under
§A(1) of this regulation.
(3) Notwithstanding any other provision of law, a license issued
under this regulation is in addition to and not subject to the limitations on
the total number of licenses that the Administration may issue under Alcoholic
Beverages and Cannabis Article, Title 36, Subtitle 4, Annotated Code of
Maryland.
B. A business awarded a grower license pursuant to Chapter 598
of the Acts of the General Assembly of 2018 may be awarded a standard dispensary
license, if the grower:
(1) Submits an application that meets the minimum qualifications
for a standard dispensary license, as determined by the Administration; and
(2) Including any individual or entity that holds an ownership
interest in or control of the grower, does not own or control a cannabis
dispensary license.
14.17.06 Standard
Cannabis Licenses
Authority: Alcoholic Beverages and Cannabis Article,
§§36-202—203, 36-401, 36-405, 36-406, 36-407, 36-503, and 36-802, Annotated
Code of Maryland
.01 Scope.
This chapter applies to all
standard cannabis licenses, including:
A. Standard grower,
processor, and dispensary licenses authorized under Alcoholic Beverages and
Cannabis Article, §36-401(c)(1), Annotated Code of Maryland;
B. Converted licenses under
Alcoholic Beverages and Cannabis Article, §36-403, Annotated Code of Maryland;
C. Converted micro licenses
under COMAR 14.17.07.08;
D. Incubator space licenses,
authorized under Alcoholic Beverages and Cannabis Article, §36-406, Annotated
Code of Maryland; and
E. On-site consumption
licenses, authorized under Alcoholic Beverages and Cannabis Article, §36-407,
Annotated Code of Maryland.
.02 Term of License and
License Renewal.
A. Licenses converted under Alcoholic Beverages and Cannabis
Article, §36-403, Annotated Code of Maryland, are valid for 5 years from the
date of the initial conversion fee payment to the Administration.
B. As a condition of licensure, a licensee shall comply with all
subregulatory guidance issued by the Administration, including but not limited
to bulletins, notices, resolutions, and technical authorities posted to the
Administration’s website.
C. A cannabis license under this chapter is valid for:
(1) 5 years on initial licensure; and
(2) 5 years on renewal.
D. At least 90 calendar days before the expiration of a license,
the Administration shall notify the licensee of the:
(1) Date on which the license expires;
(2) Process and the fee required to renew the license; and
(3) Consequences of a failure to renew the license.
E. At least 30 calendar days before a license expires, a
licensee seeking approval shall submit:
(1) The renewal application in the form designated by the
Administration;
(2) Proof that fingerprints have been submitted to Criminal
Justice Information System and the Federal Bureau of Investigation for each
agent and any owner with an ownership interest of 5 percent or more;
(3) To a full inspection of the licensed premises as described
in COMAR 10.62.33, unless a full inspection was satisfactorily completed within
3 months before the date of the license expiration; and
(4) Payment of the fee specified in COMAR 14.17.21.
F. The Administration may renew a license that meets the
requirements for renewal as stated in §E of this regulation.
G. If a licensee fails the inspection or submits a deficient
application for renewal, the licensee may apply for reinstatement by:
(1) Submitting a plan to correct the deficiencies noted during
an inspection; and
(2) Amending the application for renewal.
H. The Administration may deny a license renewal if:
(1) The plan to correct deficiencies identified in an inspection
is deficient;
(2) The amended application for renewal is deficient; or
(3) The licensee is repeatedly found in violation of health and
safety regulations during the license period.
I. A licensee who fails to apply for license renewal by the date
specified by the Administration, or whose license was not renewed by the
Administration:
(1) Shall cease operations at all premises; and
(2) May not provide cannabis to any entity or individual.
J. A license may be reinstated upon:
(1) Payment of the reinstatement fee specified in COMAR
14.17.21; and
(2) Submission of a reinstatement application approved by the
Administration.
.03 Change of Location.
A. A licensee may apply to change the location of the licensee’s
operation.
B. The licensee shall submit an application to the
Administration along with the fee specified in COMAR 14.17.21.
C. A licensee may not begin cultivation, processing or
dispensing of cannabis at a new location until the Administration approves the
change.
D. A dispensary may only change location within the county that
the dispensary was awarded a license.
.04 Transfer of
Ownership Interest in a License.
A. A cannabis licensee, including a cannabis licensee whose
license was converted in accordance with Alcoholic Beverages and Cannabis
Article, §36-401, Annotated Code of Maryland, may not transfer ownership of the
license prior to July 1, 2028, except as provided under Alcoholic Beverages and
Cannabis Article, §36-503, Annotated Code of Maryland.
B. The acquisition of less than 5 percent of a publicly traded
stock does not require review and approval by the Administration.
C. The Administration may approve a transfer or assignment of
ownership if:
(1) The Administration receives notice of the intent of the
owner of the interest, or of the estate of the owner of the interest, to
transfer or assign an ownership interest in a license to another party, in a
form prescribed by the Administration;
(2) The proposed transfer does not violate Alcoholic Beverages
and Cannabis Article, Title 36, Annotated Code of Maryland;
(3) The transferee has paid the required fee specified in COMAR
14.17.21; and
(4) If the ownership interest is 5 percent or more, the
transferee has provided criminal history record and financial information to
the Administration.
D. The Administration shall deny transfer of an interest for any
proposed transferee:
(1) If the transferee has been convicted of or pleaded nolo
contendere to a crime involving moral turpitude, whether or not any appeal or
other proceeding is pending to have the conviction or plea set aside;
(2) If the payment of taxes due in any jurisdiction is in
arrears;
(3) If the transfer violates COMAR 14.17.16; or
(4) If the transfer would convey a controlling interest in the
license prior to July 1, 2028, and is not proposed due to death, disability,
incapacity, bankruptcy or receivership in accordance with a lending agreement
of a cannabis licensee or court order.
E. The Administration may deny transfer of a controlling
interest in a license or in an ownership interest of 5 percent or more if the
Administration finds good cause to deny the proposed transfer.
F. Any individual or entity identified as having ownership or
control of a license may not hold an ownership interest that exceeds the
limitations set forth in Alcoholic Beverages and Cannabis Article, §36-401(e),
Annotated Code of Maryland.
G. If the Administration approves a transfer of an ownership
interest of a license and subsequently the Administration finds that such a
transfer violates State, local, or federal law, the Administration may:
(1) Issue a fine against any parties involved in the transfer;
(2) Declare the transfer void; and
(3) Rescind the license.
.05 Management
Agreements.
A. A licensee shall provide a copy of a management agreement to
the Administration and include:
(1) Information detailing any compensation paid in exchange for
the management services;
(2) Criminal history record and financial information of the
third party providing the management services; and
(3) Any other information relevant to the management agreement
requested by the Administration.
B. A management agreement may not take effect unless the
Administration has:
(1) Received proper notice of the management agreement, as
specified in §A of this regulation;
(2) Received the required fee specified in COMAR 14.17.21; and
(3) Approved the management agreement.
C. The Administration may deny a management agreement:
(1) If the management agreement constitutes an invalid transfer
of an ownership interest in or control of a license, as specified in Regulation
.04 of this chapter;
(2) If the criminal history record information or the background
investigation reveals the third party providing the management services has
been convicted of or pleaded nolo contendere to a crime involving moral
turpitude, whether or not any appeal or other proceeding is pending to have the
conviction or plea set aside;
(3) If the management service agreement transfers control of a
license in violation of Alcoholic Beverages and Cannabis Article, §36-503,
Annotated Code of Maryland;
(4) If the licensee fails to produce additional documentation
requested by the Administration; or
(5) For any other good cause.
D. In the case of material change to a management agreement,
including but not limited to a change of ownership or control of the management
company, the licensee shall:
(1) Provide any relevant records, files, or information to the
Administration; and
(2) Receive Administration approval prior to the material change
to the management agreement taking effect.
.06 Standard Grower
License.
A. A standard cannabis grower license authorizes the licensee
to:
(1) Cultivate or package cannabis; and
(2) Provide cannabis, or usable cannabis, to other licensees and
other registered independent testing laboratories.
B. The canopy for a standard licensed grower may not exceed the
canopy restrictions as established in Alcoholic Beverages and Cannabis Article,
§36-402, Annotated Code of Maryland.
C. On or before October 1 of each year licensed growers shall
report to the Administration the square footage of indoor and outdoor
canopy as defined in COMAR 14.17.01. The Administration may:
(1) Inspect the licensed premise to verify the licensed grower’s
annual submission of canopy square footage; and
(2) Restrict, reduce, fine or otherwise sanction any licensed
grower who misrepresents canopy square footage.
D. For any licensed grower found in violation of §B of this
regulation, the Administration may:
(1) Reduce the canopy of the licensed grower by the same
percentage as it exceeds the authorized canopy; and
(2) Seize, destroy, confiscate, or place an administrative hold
on any flowering cannabis plants produced in the excess of the canopy
restrictions.
E. For the purposes of calculating canopy under §§B—D of this
regulation, canopy that is rented, leased, operated, or otherwise controlled by
a licensed grower other than its owner shall only be attributed to the licensed
grower in control of the square footage.
F. For the purposes of calculating canopy under §§B—D of this
regulation, one square foot of indoor canopy is equal to four square feet of
outdoor canopy.
G. A grower licensed under this regulation shall operate in
accordance with COMAR 14.17.10.
.07 Standard Processor
License.
A. A standard cannabis processor license authorizes the licensee
to:
(1) Transform cannabis into another product or an extract and
package and label the cannabis product; and
(2) Provide cannabis to licensed dispensaries and independent
testing laboratories.
B. A processor licensed under this regulation shall operate in
accordance with COMAR 14.17.11.
.08 Standard Dispensary
License.
A. A standard cannabis dispensary license authorizes the
licensee operating a store at a physical location to acquire, possess, sell, or
dispense cannabis products and related materials in accordance with the
Alcoholic Beverages and Cannabis Article, §36-401(c)(1), Annotated Code of
Maryland, including for use by qualifying patients or consumers through a
physical storefront.
B. After July 1, 2024, a standard dispensary licensee may not
operate a delivery service as defined in COMAR 14.17.01, unless the standard
licensee:
(1) Has a qualifying partnership with a micro dispensary licensee
under the Alcoholic Beverages and Cannabis Article, §1-323, Annotated Code of
Maryland, to conduct delivery services on behalf of the licensed dispensary; or
(2) Otherwise partners or contracts with a micro dispensary
licensee to conduct delivery services for the licensed dispensary.
C. Prior to July 1, 2024, a standard dispensary licensee is
authorized to deliver medical cannabis to qualifying patients and caregivers
only as specified in COMAR 10.62.30.04.
D. It is a violation of §C of this regulation to:
(1) Deliver adult-use cannabis to consumers;
(2) Not verify the delivery recipient is a qualifying patient or
registered caregiver;
(3) Deliver an amount that exceeds the qualifying patient or
registered caregiver’s 30-day supply;
(4) Use a vehicle that otherwise violates COMAR 10.62.18.06.
E. Any delivery conducted from July 1, 2023 through June 30,
2024 under this regulation shall otherwise comply with COMAR 14.17.12.03.
F. A dispensary licensed under this regulation shall operate in
accordance with COMAR 14.17.12.
.09 Incubator Space
License.
A. A cannabis incubator space license authorizes the licensee to
operate a facility within which a micro licensee may operate in accordance with
Alcoholic Beverages and Cannabis Article, §36-406, Annotated Code of Maryland.
B. Any individual with ownership or control of an incubator
space license may not have any ownership or control any other cannabis license
type.
C. Prior to the issuance of incubator space licenses, the
Maryland Economic Development Corporation shall identify regional sites in
accordance with Section 13 of Chapters 254 and 255 (H.B. 556)(S.B.516) of the
Acts of 2023.
.10 On-Site Consumption
License.
A. An on-site consumption establishment license authorizes the
licensee to operate a licensed premises in which cannabis may be consumed in
accordance with Alcoholic Beverages and Cannabis Article, §36-407, Annotated
Code of Maryland.
B. An on-site consumption establishment may operate only if the
county and, if applicable, the municipality, where the business is located have
issued a permit or license that expressly allows the operation of the on–site
consumption establishment subject to the limitations in the Alcoholic Beverages
and Cannabis Article, §36-405, Annotated Code of Maryland.
C. An on–site consumption license does not authorize the holder
of the license to:
(1) Cultivate cannabis;
(2) Process cannabis or cannabis–infused products; or
(3) Add cannabis to food prepared or served on the premises.
D. Any individual or entity who holds an ownership interest in
or control of an on-site consumption license may not have any ownership
interest or control in any other cannabis license.
E. An on-site consumption establishment may apply to change the
location of the licensee’s operation.
F. The on-site consumption establishment shall submit an
application to the Administration along with the fee specified in COMAR
14.17.21.
G. The application shall include documentation:
(1) Of approval from the jurisdiction where the licensee plans
to relocate; and
(2) That the proposed premises:
(a) Is under legal control of the applicant; and
(b) Comply with all zoning and planning requirements.
H. The Administration may not award licenses for on-site
consumption establishments prior to May 1, 2024.
I. No other cannabis licensee may authorize or permit on-site
consumption at the licensed premise, or at any space owned or controlled by the
licensee.
J. Prior to operating a facility where the consumption of
cannabis is permitted on the premises, a person shall obtain an on-site
consumption licensed.
K. An on-site consumption establishment may obtain cannabis and
cannabis products from licensed growers, processors and standard dispensaries.
14.17.07 Micro Licenses
Authority: Alcoholic Beverages and Cannabis Article,
§§36-202—203, 36-401, and 36-503, Annotated Code of Maryland
.01 Scope.
This chapter applies to all micro licenses authorized under the
Alcoholic Beverages and Cannabis Article, §36-401(c)(2), Annotated Code of
Maryland.
.02 Term of License and
License Renewal.
A. In addition to §§B—D of this regulation, terms of license and
license renewal for micro licenses are as established in COMAR 14.17.06.02B—J.
B. A micro licensee may not exceed growing, processing or
dispensing operational restrictions set forth in the Alcoholic Beverages and
Cannabis Article, §36-401(c)(2), Annotated Code of Maryland.
C. The Administration may verify compliance with the operational
restrictions under §B of this regulation within the first 24 months of a micro
licensee’s operations by:
(1) For growers, measuring and inspecting the canopy owned or
otherwise controlled by the licensed micro grower;
(2) For processors, querying the seed-to-sale tracking system
for the prior 12 months of operations; and
(3) For dispensaries, investigating or otherwise verifying that
the licensee:
(a) Operates only within authorized service area;
(b) Employs fewer than ten individuals; and
(c) Does not operate a physical storefront.
D. The Administration may restrict, reduce, fine, or otherwise
sanction any micro licensee who is found to be in violation of §B of this
regulation.
.03 Change of Location.
Change of location procedures and requirements are as
established in COMAR 14.17.06.03.
.04 Transfer of
Ownership Interest in a License.
Transfer of ownership interest requirements and procedures for
micro licenses are established in COMAR 14.17.06.04.
.05 Micro Grower
License.
A. A micro grower license authorizes the licensee to:
(1) Cultivate or package cannabis; and
(2) Provide cannabis to other licensees and other registered
independent testing laboratories.
B. The canopy for a micro grower may not exceed the restrictions
as established in the Alcoholic Beverages and Cannabis Article, §36-401(c)(2)(i),
Annotated Code of Maryland.
C. On or before October 1 of each year, licensed growers shall
report to the Administration the square footage of indoor and outdoor canopy as
defined in COMAR 14.17.01.
D. The Administration may:
(1) Inspect the licensed premise to verify the licensed grower’s
annual submission of canopy square footage; and
(2) Restrict, reduce, fine, or otherwise sanction any licensed
grower who misrepresents canopy square footage.
E. For any licensed grower found in violation of §B of this
regulation, the Administration may:
(1) Reduce the canopy of the licensed grower by the same
percentage as it exceeds the authorized canopy; and
(2) Seize, destroy, confiscate, or place an administrative hold
on any flowering cannabis plants produced in the excess of the canopy.
F. For the purposes of calculating canopy under §§B—E of this
regulation, canopy that is rented, leased, operated or otherwise controlled by
one licensed grower to another licensed grower shall only be attributed to the
licensed grower in control of the square footage.
G. A micro grower licensed under this regulation shall operate
in accordance with COMAR 14.17.10.
H. A micro grower licensed under this regulation may convert to
a standard grower license under COMAR 14.17.06.06 in accordance with Regulation
.08 of this chapter.
.06 Micro Processor
License.
A. A micro processor license authorizes the licensee to:
(1) Transform cannabis into another product or an extract and
package and label the cannabis product; and
(2) Provide cannabis to licensed dispensaries and independent
testing laboratories.
B. A micro processor licensed under this chapter may not exceed
the restrictions as established in Alcoholic Beverages and Cannabis Article,
§36-401(c)(2)(ii), Annotated Code of Maryland, for the processing of cannabis
products.
C. A micro processor licensed under this regulation shall
operate in accordance with COMAR 14.17.11.
D. A micro processor licensed under this regulation may convert
to a standard processor license under COMAR 14.17.06.07 in accordance with
Regulation .08 of this chapter.
.07 Micro Dispensary
License.
A. A micro dispensary license authorizes the licensee to operate
a delivery service as defined in COMAR 14.17.01.
B. A micro dispensary licensee may not:
(1) Operate a physical storefront; or
(2) Employ more than 10 individuals.
C. A micro dispensary licensed under this regulation shall only
deliver cannabis products to private residences and medical facilities in the
State of Maryland.
D. A micro dispensary licensed under this regulation shall
operate in accordance with COMAR 14.17.12.
E. A micro dispensary licensed under this regulation may convert
to a standard dispensary license under COMAR 14.17.06.08 in accordance with
Regulation .08 of this chapter.
.08 Conversion to
Standard License.
A. A micro licensee in good standing may apply to the
Administration to convert to a standard license once it has been operational
for at least 24 months, in a manner determined by the Administration.
B. The Administration may deny the micro licensee for conversion
to a standard license if the micro licensee:
(1) Has been operational for 24 or fewer months;
(2) Has been found to violate any operational restrictions in
Regulation .02B of this chapter;
(3) Would be in violation of the ownership or control
restrictions in COMAR 14.17.16;
(4) Does not provide adequate notice to the Administration; or
(5) For any other good cause determined by the Administration.
C. A micro license converted under §§A—B of this regulation to a
standard license shall be valid through the date of the initial micro license.
D. Prior to the conversion of micro license to a standard
license the licensee shall pay in full a pro-rated license fee.
E. The pro-rated license fee required under §D of this
regulation shall be calculated by the Administration by:
(1) Subtracting any previous license fee paid for the valid
micro license that is being converted into the standard license from the
standard fee under COMAR 14.17.21; and
(2) Pro-rating the remaining license fee total by months
remaining on the initial 5-year term of the micro license.
F. A micro license converted under this regulation:
(1) Shall be forfeited by the licensee as a condition of
conversion and the Administration may award the forfeited license in a subsequent
licensing round;
(2) Shall only be for the corresponding standard license type;
and
(3) May not be converted to an incubator space license under
COMAR 14.17.06.09 or on-site consumption license under COMAR 14.17.06.10.
G. The Administration shall reserve enough standard licenses, by
license type, to allow a reasonable number of micro licenses to convert to a
standard license.
14.17.08 Laboratory
Registration and Operations
Authority: Alcoholic Beverages and Cannabis Article,
§§36-202—204, and 36-408, Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Accreditation body” means a nonprofit, impartial
organization that requires conformance to 17025 ISO/IEC requirements and is a
signatory to the international laboratory accreditation cooperation (ILAC)
mutual recognition arrangement for testing.
(2) “Cannabis industry” means all cannabis registrants,
licensees, and their agents in Maryland.
.02 Independent Testing
Laboratory Registration.
An independent testing laboratory shall be registered by the
Administration in accordance with COMAR 10.62.16.02.
.03 Standards of Care.
A. The independent testing laboratory shall:
(1) Follow the methodologies, ranges and parameters which are
contained in the scope of the accreditation for testing cannabis or cannabis
products;
(2) Establish standard operating procedures and method
validation for testing that are approved by the accrediting body and the Administration;
(3) Require each independent testing
laboratory employee to complete and execute an application for employment on a
form provided by the Administration;
(4) Establish and follow written
procedures for verifying the experience and education of laboratory employees;
(5) Submit the registration information
for each independent testing laboratory employee within 15 days after the date
the independent testing laboratory employee was hired;
(6) Upon termination of the independent
testing laboratory’s association with a registered independent testing
laboratory employee:
(a) Obtain any keys or other entry
devices from the terminated independent testing laboratory employee;
(b) Ensure the terminated independent
laboratory employee can no longer gain access to the laboratory premises; and
(c) Within 1 business day of the
termination of independent laboratory employee, notify the Administration of
the termination;
(7) Notify the Administration within 1 business day after the
independent testing laboratory obtains notice of any kind that its
accreditation has been denied, suspended or revoked;
(8) The independent testing laboratory shall implement the
testing requirements established in COMAR 10.62.15.04—.07 and COMAR
1062.23.03—.06 and identified in the Administration’s current version of the
technical authority for cannabis testing;
(9) Maintain a continuous or motion-activated video surveillance
recording system that:
(a) Records all activity high quality
and high resolution images capable of clearly revealing facial detail;
(b) Operates 24 hours a day, 365 days a
year without interruption;
(c) Provides a date and time stamp for
every recorded frame; and
(d) Captures activity at each area
where cannabis is tested, disposed of, or stored;
(10) All recordings of security video
surveillance shall be:
(a) Stored in a format that can be easily accessed for
investigational purposes; and
(b) Retained for a minimum of 90 calendar days.
(11) Make any security video surveillance recording available to
the Administration or law enforcement agency for just cause as requested within
48 hours.
B. Violation.
(1) Failure to provide the Administration with any video
surveillance recording within 48 hours of a request from the Administration is
a violation of COMAR 10.62.34.01.
(2) Each day of recording that a licensee fails to provide to
the Administration, within the minimum of 90 calendar days that the recording
shall be retained, constitutes a separate violation.
.04 Term and Renewal.
A. The registration is valid for 2 years.
B. An independent testing laboratory may renew its registration
by submitting to the Administration:
(1) A copy of the independent testing laboratory registration
form;
(2) Payment of the registration fee specified in COMAR 14.17.21;
and
(3) Submission of copies of the most recent:
(a) Assessment from the accreditation body; and
(b) Proficiency testing results obtained by the independent
testing laboratory.
.05 Independent Testing
Laboratory Responsibilities.
A. An independent testing laboratory shall:
(1) Adopt standard operating procedures to test cannabis,
cannabis concentrate, and any other product that contains more than 0.5
milligrams of THC per serving or 2.5 milligrams of THC per package that are
approved by the accrediting body and the Administration;
(2) Perform testing of cannabis and cannabis products in
accordance with approved standard operating procedures;
(3) Carry out all laboratory requirements and certificate of
analysis procedures established in COMAR 10.62.15.04—.07 and COMAR
1062.23.03—.06 .
B. No independent testing laboratory may handle, test, or
analyze cannabis or cannabis products unless the independent testing
laboratory:
(1) Has been registered by the Administration;
(2) Is independent from all other persons and entities involved
in the cannabis industry;
(3) Is accredited by an accreditation body or has a provisional
registration from the Administration;
(4) Has established standard operating procedures that provide
for adequate chain of custody controls for samples transferred to the
independent testing laboratory for testing, which are approved by the
Administration; and
(5) Enters timely and accurate data into the seed-to-sale
tracking system that identifies and tracks samples
C. An independent testing laboratory shall weigh, document, and
destroy all green waste in accordance with a standard operating procedure
approved by the Administration.
D. Upon request, in a format determined by the Administration,
registered independent testing laboratories shall provide materials to the
State Reference Laboratory to conduct the activities under Regulation .07B of
this chapter.
.06 Transportation of
Products Containing Cannabis.
A. A registered independent testing laboratory may transport
samples of cannabis and products containing cannabis from the premises of a
licensed grower, processor, or dispensary to the independent testing
laboratory.
B. A registered independent testing laboratory shall transport
samples of cannabis and products containing cannabis:
(1) With oversight by at least one independent testing
laboratory employee registered with the Administration; and
(2) Using a vehicle that:
(a) Meets the criteria specified in COMAR 10.62.18.05—.06; and
(b) Is registered with the Administration.
.07 State Cannabis
Testing Laboratory.
A. The Administration shall operate a State Cannabis Testing
Laboratory under the Alcoholic Beverages and Cannabis Article, §36-204,
Annotated Code of Maryland.
B. The Administration shall operate a State Cannabis Testing
Laboratory to:
(1) Prepare, conduct, and analyze proficiency testing events for
independent testing laboratories registered under this chapter;
(2) Develop cannabis testing methodologies;
(3) Conduct compliance testing on cannabis samples;
(4) Establish and verify standard operating procedures for
independent testing laboratories;
(5) Develop and facilitate quality assurance and compliance
controls for micro growers and micro processors;
(6) Remediate problems with registered independent testing
laboratories and recommend Administration sanctions; and
(7) Test products for adverse event reporting, research, and
other purposes deemed necessary by the Administration, including:
(a) Licensed cannabis products produced and sold in accordance
with this subtitle;
(b) Unlicensed cannabis products produced or sold in violation
of this subtitle;
(c) Hemp derived products; and
(d) Any other products required to be tested for the public
health or public safety of Maryland.
14.17.09 Other Cannabis
Businesses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, and 36-409, Annotated Code of Maryland
.01 Scope.
This chapter applies to any registrant who conducts
transportation, disposal, or security services for any cannabis licensee in
Maryland.
.02 Registration of
Ancillary Businesses and Security Guard Agencies.
Ancillary businesses and the transporters of cannabis shall be
registered by the Administration in accordance with COMAR
10.62.18.07—10.62.18.09.
.03 Operations of
Ancillary Businesses and Security Guard Agencies.
Operations of ancillary businesses and the transportation of
cannabis shall be performed in accordance with COMAR 10.62.18.02—10.62.18.06
and any other State law.
.04 Delivery Service
Operations.
A. Through June 30, 2024, a registered ancillary business for
delivery may deliver medical cannabis only as specified in COMAR 10.62.30.04.
B. It is a violation of §A of this regulation to:
(1) Deliver adult-use cannabis to consumers;
(2) Not verify the delivery recipient is a qualifying patient or
registered caregiver;
(3) Deliver an amount that exceeds the qualifying patient or
registered caregiver’s 30-day supply; or
(4) Use a vehicle that otherwise violates COMAR 10.62.18.06.
C. A delivery conducted under this regulation from July 1, 2023 through
June 30, 2024 shall otherwise comply with COMAR 14.17.12.03.
D. Beginning July 1, 2024, a registered ancillary business for
delivery may not deliver cannabis.
.05 Incubator Spaces.
A. An incubator space may provide one or more of the following:
(1) Secure storage of cannabis or cannabis products for licensed
micro dispensaries;
(2) Commercial kitchen space for the processing and production
of cannabis products by licensed micro processors; or
(3) Space for the cultivation of cannabis by licensed micro
growers.
B. Incubator spaces shall comply with the requirements of COMAR
14.17.10, 14.17.11, and 14.17.12 for the:
(1) Security of the premises;
(2) Sanitation of any cannabis or cannabis product produced at
the incubator space;
(3) Safety of any cannabis cultivated at the incubator space
regarding the:
(a) Use of pesticides; and
(b) Use of the seed-to-sale tracking system.
C. The incubator space licensee shall make a good faith effort
to:
(1) Secure any cannabis, cannabis products, inventory, equipment,
or other materials on the licensed premise; and
(2) Prevent theft or diversion of any cannabis, cannabis
products, inventory, equipment, or other materials by license holders, agents,
or members of the public.
D. The incubator space licensee holder may assess a fair market
rent for the use or storage of the facility.
E. The incubator space licensee may not accept or receive any
equity stake, ownership share, or control of a micro license facility as a
condition of rent or use of the space.
14.17.10 Cannabis Grower
Operations
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-401, 36-402, and 36-410, Annotated Code of Maryland
.01 Scope.
A. Unless otherwise specified this chapter applies to a business
licensed to grow cannabis under COMAR 14.17.06.06 and 14.17.07.05.
B. This chapter applies to all cannabis grown in Maryland
intended for either adult-use or medical-use sales.
.02 Cannabis Grower
Premises.
A. A licensed grower facility shall:
(1) Be located within Maryland;
(2) Conform to local zoning and planning requirements; and
(3) Conspicuously display a grower license at the licensed
premises.
B. A licensed grower facility premises shall be secured in
accordance with COMAR 10.62.10.04—10.62.10.08.
C. A licensed grower facility containing greenhouse or field
cultivation premises shall be secured in accordance with COMAR 10.62.10.03.
D. A licensed grower facility may not make modifications or
renovations:
(1) Without prior approval by the Maryland Cannabis
Administration; and
(2) That increase a standard grower licensed capacity to greater
than the canopy limits prescribed in Alcoholic Beverages and Cannabis Article,
§36-402(b), Annotated Code of Maryland.
E. Micro growers may not operate a facility greater than the
limits established in Alcoholic Beverages and Cannabis Article, §36-401(c)(2)(i),
Annotated Code of Maryland.
.03 Cannabis Grower
Controls.
A licensed grower facility shall:
A. Grow cannabis in accordance with
COMAR 10.62.11;
B. Record inventory in accordance with
COMAR 10.62.12; and
C. Implement quality controls in
accordance with COMAR 10.62.15.
.04 Product Returned for
Destruction and Disposal of Green Waste.
A. A licensed grower shall accept any product returned for
destruction and record as green waste.
B. A licensed grower shall otherwise destroy any other product
recorded as green waste with standard operating procedures.
.05 Product Reservations
and Trade Practices.
A. A grower licensed under COMAR 14.17.06.06 or COMAR
14.17.07.05 shall make a good faith effort to allow for at least 10 percent of
cannabis grown to be:
(1) Transferred to a licensed processor to be produced into a
cannabis product by a licensee that has no common ownership interest or control
with the grower licensee; or
(2) Upon licensure of social equity applicants and the operation
of social equity businesses as defined in COMAR 14.17.01, transferred to be
produced into cannabis products by social equity businesses.
B. The Administration may query the seed-to-sale tracking system
to ensure compliance with §A of this regulation.
C. If a licensed grower is found in violation of this
regulation, the Administration may:
(1) Issue a fine; and
(2) Restrict, suspend, or revoke the license.
14.17.11 Cannabis
Processor Operations
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-401, Annotated Code of Maryland
.01 Scope.
Unless otherwise specified this chapter applies to a business
licensed to process cannabis under COMAR 14.17.06.07 and COMAR 14.17.07.06.
.02 Cannabis Processor
Premises.
A. A licensed processor facility shall:
(1) Be located within Maryland;
(2) Conform to local zoning and planning requirements; and
(3) Conspicuously display a processor license at the licensed
premises.
B. A licensed processor facility premises shall be secured in
accordance with COMAR 10.62.21.03—10.62.21.07.
C. No modifications or renovations to licensed processor
premises shall be undertaken without prior approval by the Maryland Cannabis
Administration.
.03 Cannabis Processor
Facility Operations.
Licensed processor operations shall be conducted in accordance
with COMAR 10.62.22.
.04 Cannabis Product
Processing.
A licensed processor shall produce cannabis products in
accordance with COMAR 10.62.23.
.05 Edible Cannabis
Product Processing.
A. A licensed processor that produces edible cannabis products
as defined in COMAR 14.17.01 shall maintain facilities and manufacture edible
products in accordance with COMAR 10.62.37.04—10.62.37.10 and 14.17.13.05.
B. A licensed processor may apply to the Administration for a
permit to produce edible products in accordance with COMAR 10.62.37.03.
C. The permit issued by the Administration shall verify
compliance with COMAR 10.62.37.04—10.62.37.10.
.06 Micro Processor
Premise and Operations.
Micro processors may not process more cannabis than the limits
established in Alcoholic Beverages and Cannabis Article, §36-401(c)(2)(ii),
Annotated Code of Maryland.
.07 Product Returned for
Destruction and Disposal of Green Waste.
A. A licensed processor shall accept any product returned for
destruction and record as green waste.
B. A licensed processor shall otherwise destroy any other
product recorded as green waste in accordance with standard operating
procedures.
14.17.12 Cannabis Dispensary Operations
Authority: Alcoholic
Beverages and Cannabis Article, §§36-202, 36-203, 36-401, and 36-410, Annotated
Code of Maryland
.01 Scope.
Unless otherwise specified, this chapter applies to all business
licensed to dispense cannabis under COMAR 14.17.06.08 or COMAR 14.17.07.08.
.02 Standard Cannabis
Dispensary.
A. A standard dispensary premises
licensed under COMAR 14.17.06.07 shall:
(1) Be located in Maryland;
(3) Conform to all local zoning and planning requirements;
(4) Be secured and operated in accordance with COMAR
10.62.27.03—.09; and
(5) Provide accommodations for qualifying patients and
registered caregivers in accordance with COMAR 14.17.04.06.
B. A licensee may not make modifications or renovations to the
standard cannabis dispensary premises licensed under COMAR 14.17.06.08 without
the prior approval of Maryland Cannabis Administration.
C. The Administration may require a dispensary licensed under
this regulation to conspicuously display:
(1) Valid proof of license; and
(2) Minimum purchase age and identification requirements; and
(3) Other information related to health and safety provided by
the Administration.
D. Any display required by the Administration under §C of this
regulation shall be in a manner and size determined by the Administration.
E. A standard dispensary shall restrict access to the licensed
premises to only:
(1) Qualifying patients;
(2) Registered caregivers; and
(3) Individuals 21 years old or older.
F. A standard dispensary may provide drive-through dispensing
services in accordance with COMAR 10.62.27.10.
.03 Micro Dispensary or
Delivery Service.
A. Prior to the placement of any order, a micro dispensary
licensed to dispense cannabis under COMAR 14.17.07.08 shall verify the consumer
is:
(1) 21 years old or older;
(2) A qualifying patient; or
(3) A registered caregiver for a qualifying patient.
B. A micro dispensary licensed to dispense cannabis under COMAR
14.17.07.08 may not:
(1) Make deliveries to addresses on publicly owned land,
schools, day care centers, or youth centers;
(2) Transport cannabis or cannabis products not associated with
an active invoice, order, or product manifest;
(3) Transport cannabis or cannabis products in any vehicle
noncompliant with §C of this regulation;
(4) Dispense cannabis or cannabis products without a prior order
submitted to the licensed business; and
(5) Wear any clothing or symbols that may indicate ownership or
possession of cannabis;
C. Deliveries shall be made by a registered agent or micro
dispensary owner in an enclosed vehicle that:
(1) Maintains secure storage;
(2) Has and displays a current license number from the
Administration;
(3) Is insured as required by law; and
(4) Does not display any sign or illustration related to
cannabis, cannabis products, or a cannabis licensee.
D. The Administration may, as a condition of licensure, inspect
the vehicle for compliance with §§C(1)—(4) of this regulation.
E. While making deliveries under this regulation, a licensed
micro dispensary shall only travel:
(1) Between licensees, registrants, or from one delivery address
to another delivery address; and
(2) In Maryland.
F. A licensed micro dispensary may not carry cannabis or
cannabis products in the delivery vehicle with a value in excess of $5,000 at
any time.
G. For the purposes §F of this regulation, the value of cannabis
goods shall be determined using the current retail price of all cannabis or
cannabis products carried by or within the delivery vehicle.
.04 Dispensing Cannabis.
A. Dispensing Medical Cannabis.
(1) A licensed dispensary shall dispense medical cannabis in
accordance with COMAR 10.62.30.03.
(2) Any dispensing to a qualified patient or registered
caregiver shall be recorded by the agent as a sale of medical cannabis using
the seed-to-sale tracking system.
B. Dispensing Adult-Use Cannabis.
(1) A registered dispensary agent shall dispense cannabis only
to a consumer who has presented a government-issued photo identification card
that is valid, unexpired, and contains the consumer’s birth date.
(2) A government-issued identification card under §B(1) of this
regulation includes:
(a) State driver’s license;
(b) U.S. passport;
(c) U.S. passport card;
(d) Non-driver’s state photo ID card;
(e) Foreign passport;
(f) U.S. military ID card; and
(g) Tribal card.
(3) A government-issued photo identification card does not
include a student identification card issued by a public institution or
university.
(4) Before any distribution of cannabis, a dispensary agent
shall query the Administration data network using a unique log-in that
identifies the registered dispensary agent.
(5) At the point of sale, a dispensary agent shall verify that
the consumer is 21 years old or older using the consumer’s government-issued
photo identification.
(6) A dispensary agent may provide information on:
(a) The available types of cannabis, cannabis varieties, and
cannabis finished products;
(b) Methods of cannabis administration; and
(c) How to return unused cannabis for disposal.
(7) Sales limits.
(a) A dispensary agent may not knowingly dispense to an
individual an amount of cannabis or cannabis products greater than the personal
use amount under Criminal Law Article, §5-101, Annotated Code of Maryland, in a
single day.
(b) For the purposes of calculating the personal use amount of
cannabis that can be dispensed, an individual may not purchase more than:
(i) 1.5 ounces of usable cannabis products as defined in COMAR
14.17.01;
(ii) 12 grams of concentrated cannabis products;
(iii) Edible cannabis products, capsules, and tinctures that do
not exceed 750 milligrams of tetrahydrocannabinol;
(iv) Two or fewer cannabis plants.
(c) For the purpose of determining sales limits under this
subsection, cannabis vaporizing devices shall be weighed and considered as
concentrated cannabis products.
(8) A registered dispensary agent may decline to dispense
cannabis to a consumer if, in the professional opinion of the registered
dispensary agent, the consumer appears to be:
(a) Currently under the influence of drugs or alcohol;
(b) Attempting to purchase cannabis products for resale or
diversion; or
(c) Obtaining an amount of cannabis products greater than the
personal use amounts under §B(7) of this regulation.
(9) Consumers purchasing cannabis under this regulation may
purchase:
(a) Usable cannabis products as specified in COMAR 14.17.13.11;
(b) Cannabis vaporizing devices as specified in COMAR
14.17.13.08; or
(c) Edible cannabis products, capsules, and tinctures under
COMAR 14.17.13 with less than:
(i) 10 milligrams of THC per serving; and
(ii) 100 milligrams of THC per container.
(10) A licensed dispensary may not sell or distribute any
cannabinoid products that are not derived from naturally occurring biologically
active chemical compounds.
C. Dispensing Controls.
(1) A licensed dispensary may not sell, transfer, or deliver
cannabis or cannabis products unless the licensee verifies by means of a valid
driver’s license or other government–issued photo identification containing the
bearer’s date of birth, in accordance with Alcoholic Beverages and Cannabis
Article, §36-1101(a), Annotated Code of Maryland;
(2) A licensed dispensary shall use the seed-to-sale tracking
system to track and record all cannabis sales;
(3) A licensed dispensary may not distribute samples of cannabis
or cannabis products to consumers;
(4) A registered agent, or owner of a licensed dispensary may
not dispense cannabis to themselves; and
(5) If a licensed dispensary offers reduced cost or discount
cannabis or cannabis products to an agent, the reduced cost or discount
available shall:
(a) Be set forth in a standard operating procedure;
(b) Be distributed in accordance with the standard operating
procedure.
.05
Coordination of Enforcement Efforts between Maryland Cannabis Administration
and the Comptroller of Maryland.
A. The Administration
may query the seed-to-sale tracking system and shall, upon request from the
Comptroller of Maryland, provide information from the seed-to-sale tracking
system to the Comptroller of Maryland to ensure proper compliance, collection,
and assessment of the sales and use tax by licensed dispensaries and on-site
consumption establishments.
B. If a licensee fails
to pay a tax to the Office of the Comptroller when due under Tax-General
Article, Annotated Code of Maryland, the Administration may:
(1) Levy a fine; and
(2) Restrict, suspend,
or revoke the cannabis license.
.06 Product Reservations
and Trade Practices.
A. Products not authorized for adult-use consumers under
Regulation .04B of this chapter shall only be sold, distributed, or otherwise
dispensed to qualifying patients and caregivers.
B. Cannabis dispensaries licensed under COMAR 14.17.06.08 or
COMAR 14.17.07.07 shall make a good faith effort to allow for at least 25
percent of product available for retail sales to be:
(1) Products grown, manufactured, extracted, or otherwise
produced by a licensee that has no common ownership interest or control with
the dispensary licensee; and
(2) Upon licensure of social equity applicants and the operation
of social equity businesses as defined in COMAR 14.17.01, products grown,
manufactured, extracted, or otherwise produced by social equity businesses.
C. The Administration may query the seed-to-sale tracking system
to ensure compliance with §B of this regulation.
D. If a licensed dispensary is found in violation of this
regulation, the Administration may:
(1) Issue a fine; and
(2) Restrict, suspend, or revoke the license.
.07 Product Returned for
Destruction and Disposal of Green Waste.
A. A licensed dispensary shall dispose of green waste in
accordance with COMAR 10.62.30.08.
B. A licensed dispensary shall accept products returned for
destruction in accordance with COMAR 10.62.30.10.
.08 Online Ordering.
A. An online order system for cannabis or cannabis products
shall:
(1) Employ a neutral age-gate to establish that the consumer is
21 years old or older or otherwise validate the individual is a qualifying
patient or a registered caregiver;
(2) Include a notice that a valid, government-issued photo
identification card as set forth in Regulation .04B(2) of this chapter is
required to receive the order of cannabis or cannabis products;
(3) After confirming the consumer is 21 years of age or older,
collect consumer, qualifying patient or registered caregiver signature and
contact information, including:
(a) Email; or
(b) Telephone number.
B. An online order system may be used to place pre-orders for:
(1) Pick-up at a licensed dispensary for patients, caregivers,
and consumers; and
(2) Delivery for patients and caregivers.
C. Until the consumer, qualifying patient, or registered caregiver
presents a valid, government-issued identification card as set forth in
Regulation .04B(2), a dispensary may not:
(1) Dispense cannabis products; or
(2) Collect payment.
D. A licensed dispensary may not sell or otherwise transfer any
cannabis or cannabis products to a consumer through an unlicensed third party,
intermediary business, broker, or any other business or entity.
F. A licensed dispensary may only deliver cannabis in accordance
with COMAR 14.17.06.08 and COMAR 14.17.12.03, depending on license type.
.09 Hours of Operations.
A licensed dispensary may not
operate:
A. For more than 12 hours in
a day;
B. Past 10 p.m.; or
C. Before 8 a.m.
14.17.13 Cannabis Products
Authority: Alcoholic
Beverages and Cannabis Article, §§36-202, 36-203, and 36-203.1, Annotated Code
of Maryland
.01 Definitions.
A. In this chapter, the
following terms have the meanings as indicated.
(1) “Current Good
Manufacturing Practices” or “cGMP” means a manufacturing process that complies
with 21 CFR Part 111 or 21 CFR Part 210.
(2) “Food” means any
substance that is used as food or drink for human beings or as a component of
food or drink for human beings.
(3) “Food ingredient”
means a substance that is used as a component of food, including:
(a) Flavoring;
(b) Food coloring; and
(c) Preservatives.
(4) “Ingredient” means
any component of an edible cannabis product that is intended for human
consumption, approved by the Administration, and composed of:
(a) Food or food
ingredients; or
(b) Cannabis.
(5) “Permittee” means a
licensed processor authorized by the Administration to manufacture edible
cannabis products.
.02 Finished Products for Retail Sale.
A. A licensed
dispensary is only authorized to dispense a finished product that has been
sealed, labeled, and packaged in accordance with COMAR 14.17.18.
B. Except as described
in Regulation .11 of this chapter, a licensed dispensary shall only obtain
finished cannabis products from a licensed grower or processor.
.03 Product Reservations.
A. Medical Cannabis
Products.
(1) The Administration
shall require that certain finished cannabis products be dispensed only to
qualifying patients or registered caregivers to:
(a) Ensure adequate
supply of medical cannabis products; and
(b) Reserve high
potency products for medical patients.
(2) Products reserved
for qualifying patients under this section include:
(a) Concentrated
cannabis products;
(b) Edible cannabis
products, infused non-edible cannabis products, capsules, and tinctures
containing more than:
(i) 10 milligrams of
tetrahydrocannabinol per serving; or
(ii) 100 milligrams of
tetrahydrocannabinol per package.
(3) No part of this
section may be construed to prohibit the dispensing of other finished cannabis
products to qualifying patients in accordance with COMAR 14.17.12.04,
including:
(a) Cannabis vaporizing
devices;
(b) Home cultivation
products;
(c) Usable cannabis
products; and
(d) Edible cannabis
products containing less than:
(i) 10 milligrams of
tetrahydrocannabinol per serving; or
(ii) 100 milligrams of
tetrahydrocannabinol per package.
B. Adult-Use Cannabis
Products. Individuals purchasing cannabis products for adult-use may purchase:
(1) Cannabis vaporizing
devices;
(2) Home cultivation
products;
(3) Usable cannabis
products; and
(4) Edible cannabis
products, tinctures, and capsules containing equal to or less than:
(a) 10 milligrams of
tetrahydrocannabinol per serving; or
(b) 100 milligrams of
tetrahydrocannabinol per package.
C. Licensed
dispensaries shall otherwise provide products for retail sale in accordance
with COMAR 14.17.12.06.
.04 Product Testing.
A. Finished cannabis
products for retail sale shall be tested by an independent testing laboratory
authorized by the Administration in accordance with COMAR 14.17.08 prior to any
sale, distribution, or dispensing.
B. Testing, sampling,
and other laboratory protocols shall be performed by the independent testing
laboratory in accordance with the Administration’s Technical Authority.
.05 Edible Cannabis Products.
A. General
Requirements.
(1) Before engaging in
the business of possessing, processing, packaging, labeling, transferring,
transporting, selling, or distributing edible cannabis products to a
dispensary, a licensed processor shall obtain a permit from the Administration
in accordance with COMAR 10.62.37.03.
(2) Prior to offering
the products for distribution or sale to a licensed dispensary, a permittee
shall obtain approval from the Administration for all edible cannabis products
by submitting a request in in a manner prescribed by the Administration.
(3) A permittee seeking
approval to offer an edible cannabis product shall submit:
(a) A photograph,
digital image, or digital rendering of the product, labeling, and packaging;
(b) The varying levels
of potency and dosing of the edible cannabis product;
(c) The recipe,
including the production process, for manufacturing the edible cannabis
product; and
(d) Any scientific
studies or laboratory testing results supporting the stability and approximate
expiration date of the edible cannabis product.
(4) The Administration
shall review and approve each edible cannabis product before the product may be
commercially manufactured or sold by a permittee, to ensure the:
(a) Product complies
with the requirements of this chapter; and
(b) Safety of minors.
B. Dosage Requirements.
(1) Unless expressly
authorized by the Administration, an edible cannabis product may not contain
more than:
(a) 10 milligrams of
THC per serving; and
(b) 100 milligrams of
THC per package.
(2) Each single serving
contained in a package of a multiple-serving edible cannabis product shall be
physically separated in a way that enables an individual to determine how much
of the edible cannabis product constitutes a single serving.
(3) An intact product
form containing multiple servings does not meet the requirements of §B(2) if it
has demarcations or delineations on the product to indicate individual
servings.
(4) The Administration
may approve a request to manufacture a high potency edible cannabis product
containing more than 10 milligrams of THC per serving or 100 milligrams of THC
per package if:
(a) A permittee submits
a request in a form prescribed by the Administration; and
(b) The request
complies with §G of this regulation.
(5) An edible cannabis
product consisting of multiple servings shall be homogenized so that each
serving contains the same concentration of THC.
C. Appearance of Edible
Cannabis Products.
(1) A permittee shall
only manufacture or distribute solid edible cannabis product in geometric
shapes.
(2) A permittee may not
manufacture an edible cannabis product that due to its shape, design, or flavor
is likely to appeal to minors.
(3) The manufacture or
sale of edibles in the following shapes is prohibited:
(a) Human, animal, toy,
or fruit;
(b) A shape that bears
the likeness or contains characteristics of a realistic or fictional human,
animal, or fruit, including artistic, caricature, or cartoon renderings; and
(c) A commercially
available food or beverage product that targets, or is primarily marketed to
minors.
D. Liquid Edible
Product Requirements.
(1) A liquid edible
product container may not contain more than a single serving per container.
(2) A single serving of
a liquid edible product may not exceed 10 milligrams of THC per container;
(3) A liquid edible
product shall otherwise comply with this regulation.
E. Prohibited Products.
(1) Edible cannabis
products may not contain:
(a) Meat;
(b) Seafood;
(c) Unpasteurized eggs;
or
(d) Unpasteurized dairy
of any type.
(2) The following types
of products may not be sold:
(a) Alcoholic
beverages, as defined in Alcoholic Beverage and Cannabis Article, §1-101,
Annotated Code of Maryland; and
(b) Any product
containing any non-cannabis additive that would increase potency or toxicity,
or that would create an unsafe combination with other psychoactive substances,
including nicotine and caffeine.
(3) The prohibition in
§E(2)(b) of this regulation does not apply to products containing naturally
occurring caffeine, such as coffee, tea, or chocolate.
F. Compliance with State
and Federal Food Safety Requirements.
In addition to the other requirements
set forth in this chapter, a permittee shall comply with all applicable food
safety regulations including:
(1) 21 CFR, as amended;
(2) 21 U.S.C. §343, as
amended;
(3) 21 U.S.C. §§451-471,
as amended; and
(4) 21 U.S.C.
§§601-695, as amended.
G. High Potency Edible
Cannabis Products.
(1) Edible products
produced with approval by the Administration under §B(4) of this regulation
shall comply with Current Good Manufacturing Practices under 21 CFR Part 111 or
21 CFR Part 210.
(2) A permittee shall
submit to the Administration a third-party certification that demonstrates
compliance with §G(1) of this regulation.
(3) Demonstration of
compliance required under §G(2) shall include:
(a) Proof of the third
party’s accreditation to certify for Current Good Manufacturing Practices that
complies with 21 CFR Part 111 or 21 CFR Part 210; and
(b) An attestation that
the third party performed a facility audit of the licensed processor’s facility
using an audit checklist within the scope of accreditation that complies with
21 CFR Part 111 or 21 CFR Part 210; and
(c) The audit checklist
for cGMP 21 CFR Part 111 or 21 CFR Part 210, facility score, the audit
checklist score scale, and a corrective plan to remediate any deficiencies
identified during the audit.
(3) Edible products
produced with approval by the Administration under §B(4) of this regulation may
not:
(a) Be a liquid edible
product as described in §D of this regulation; or
(b) Contain more than:
(i) 40 milligrams of
THC per serving; and
(ii) 400 milligrams of
THC per package.
(4) A dispensary shall
only sell or dispense high potency edible products to qualified patients and
registered caregivers.
(5) A processor shall
label high potency edible products in accordance with COMAR 14.17.18.04.
H. The Administration
shall maintain permittee trade secrets in conformity with COMAR 10.62.37.11.
.06 Capsule and Tincture Products.
A. A tincture shall:
(1) Contain no
additional non-cannabis ingredients except potable water, unless approved by
the Administration; and
(2) For vegetable oil
tinctures, are manufactured in accordance with the regulation of edible
cannabis products under COMAR 14.17.13.05E—H and COMAR 10.62.37, except for
COMAR 10.62.37.03 and COMAR 10.62.37.12B.
(3) Be dispensed in a
container that:
(a) Has a resealing,
child-resistant cap, or closure; and
(b) Includes within the
package a measuring device that is appropriate for the product form, such as a
measuring cap or dropper.
B. A tincture may have
a non-opaque strip or measuring marks on the bottle or package, but the strip
or marks do not suffice as a measuring device under §A of this regulation.
C. A licensee is
encouraged to manufacture varying levels of potency for each tincture or
capsule product the permittee distributes, including products containing:
(1) 2.5 milligrams of
THC per serving; and
(2) 5 milligrams of THC
per serving.
D. A dispensary shall
only sell or dispense capsule and tincture products with more than 10 milligrams
of tetrahydrocannabinol per serving or 100 milligrams tetrahydrocannabinol per
package to qualifying patients or registered caregivers.
.07 Home Cultivation Products.
A. A licensed
dispensary is authorized to sell and distribute home cultivation products
intended to assist with the home cultivation of cannabis.
B. A licensed
dispensary may not sell more than:
(1) Two seedlings to an
adult use consumer; and
(2) Four seedlings to a
qualifying patient who is 21 years old or older or to a registered caregiver.
C. Seedlings not sold
by a dispensary shall be destroyed and recorded as green waste in accordance
with standard operating procedures if the plant is:
(1) Taller than six
inches;
(2) Wider than six
inches; or
(3) Otherwise in a
flowering or vegetative state.
D. A licensed
dispensary may not cultivate cannabis plants.
E. A licensed
dispensary shall only acquire home cultivation products under this regulation
from a licensed grower.
.08 Cannabis Vaporizing Devices.
A. A dispensary may sell
cannabis vaporizing devices to:
(1) Individuals 21
years old or older; or
(2) Registered patients
and qualifying caregivers.
B. A cannabis
vaporizing device which may be sold under §A of this regulation:
(1) May include a
cartridge containing a concentrated or infused cannabis liquid for the purposes
of heating and producing a vapor; and
(2) May not include any
solid or semi-solid substances such as waxes, shatters, resins, or any other
concentrated cannabis product that may be consumed using a vaporizing device or
by heating the product in such a way to produce vapor, except to qualifying
patients or registered caregivers.
C. Cannabis vaporizing
devices may not include:
(1) Vitamin E Acetate;
or
(2) Any other solvent,
solution, or other substance deemed to be a risk to public health or safety by
the Administration through the Technical Authority.
.09 Infused Non-Edible Products.
A. A dispensary shall
only sell or dispense infused non-edible products that contain more than 10
milligrams tetrahydrocannabinol per serving or 100 milligrams
tetrahydrocannabinol per package to qualifying patients or registered
caregivers.
B. Infused non-edible
products containing more than 10 milligrams
tetrahydrocannabinol per serving or 100 milligrams tetrahydrocannabinol per
package shall be labeled in accordance with COMAR 14.17.18.04.
.10 Concentrated Cannabis Products.
A. A dispensary shall
only sell or dispense concentrated cannabis products to qualifying patients or
registered caregivers.
B. Concentrated
cannabis products shall be labeled in accordance with COMAR 14.17.18.04.
.11 Usable Cannabis Products.
A. Usable cannabis products may be sold to:
(1) Individuals 21 years of age or older; or
(2) Registered patients and qualifying caregivers.
B. A licensed dispensary may package, repackage, wrap, roll, or
otherwise create usable cannabis products from usable cannabis in accordance
with §§C and D of this regulation.
C. Repackaging Requirements.
(1) Handwashing Sinks.
(a) Each room used for the creation of cannabis products shall have
a handwashing sink.
(b) The handwashing sink shall:
(i) Be accessible to all dispensary agents;
(ii) Provide warm water of sufficient volume under pressure of
effective hand washing procedures as outlined in this chapter.
(c) A dispensary shall maintain at least one handwashing sink
for the following number of agents who are engaged in repackaging while on duty
at the same time:
(i) Every 15 agents; and
(ii) Any fraction of 15 agents.
(2) Scales.
(a) A scale used by a licensed dispensary for the creation of
usable cannabis products shall be:
(i) A National Type Evaluation Program approved device;
(ii) Registered and certified by the Maryland Department of
Agriculture in accordance with COMAR 15.03.08; and
(iii) Calibrated and recertified annually.
(b) A licensed dispensary shall make records and certifications
required under (a) of this subsection available to the Administration available
upon request.
(3) Sanitation.
(a) Scales, surfaces, and other equipment use for the purposes
of creating usable cannabis products shall be cleaned and sanitized:
(i) Between shifts;
(ii) Between packaging, repackaging, or otherwise creation of
usable cannabis products with different usable cannabis batches;
(iii) Before beginning any packaging, repackaging, or otherwise
creation of usable cannabis products; and
(iv) After the completion of any packaging, repackaging, or
otherwise creation of usable cannabis products.
(b) Licensed dispensaries shall maintain an accurate log of
cleaning and sanitation required under §(a) of this subsection.
D. Products produced by dispensaries under this regulation shall
be packaged and labeled in accordance with COMAR 14.17.18.
E. Licensed growers or processors making usable cannabis
products shall also comply with §C—D of this regulation prior to the transfer
to a licensed dispensary.
F. Transfer limits and Inventory Controls on Usable Cannabis.
(1) Usable cannabis transferred from a licensed grower to a
licensed dispensary for the purposes of creation of usable cannabis products
may not exceed:
(a) 1 pound in a single package; or
(b) 5 pounds in a single transfer.
(2) A licensed dispensary shall have no more than 10 pounds of
usable cannabis in inventory at a given time for the purposes of creating
usable cannabis products.
(3) The Administration may query the seed-to-sale tracking
system to ensure compliance with this section.
G. A dispensary may not weigh, package, repackage, or create
usable cannabis products at the point of sale, or conduct deli-style sales as
described in COMAR 10.62.30.09.
14.17.14 Complaints,
Enforcement, Record Keeping, and Inspections of Cannabis Businesses
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-901, Annotated Code of Maryland
.01 Complaints, Adverse
Events, and Recall.
A. The Administration shall establish a procedure to receive,
organize, store, and respond to all oral, written, electronic or other
complaints regarding any cannabis product and severe adverse events.
B. Any complaints or adverse event reports received by a
licensee or certifying provider shall be reported to the Administration.
C. In the event a licensee or certifying provider receives a
complaint associated with a serious adverse event the licensee or certifying
provider, shall report the complaint within 24 hours to:
(1) The Administration;
(2) If applicable, the licensed grower from which the cannabis
originated; and
(3) If applicable, the licensed processor from which the
cannabis product originated.
D. A complaint shall be investigated by the Administration in
accordance with COMAR 10.62.17.03.
E. A licensee shall develop a procedure for the recall of
cannabis products in accordance with COMAR 10.62.17.04.
.02 Records.
The licensee shall maintain records in accordance with COMAR
10.62.32.
.03 Inspections.
Inspections shall be conducted in accordance with COMAR
10.62.33.
.04 Discipline and
Enforcement.
A. Diversion.
(1) A licensee, registrant, agent, or employee may not:
(a) Divert cannabis or cannabis products for any unauthorized
sale or distribution;
(b) Fail to maintain records in accordance with this subtitle,
COMAR 10.62, and the standard operating procedures of the licensee;
(c) Fail to accurately track, tag, or otherwise record inventory
in the seed-to-sale tracking system; or
(d) Sell or dispense cannabis or cannabis products in manner
that:
(i) Exceeds the personal use amount of cannabis or cannabis
products;
(ii) Is reasonably expected to be in violation of the personal
use amount; or
(iii) Could otherwise reasonably give rise to any other
violation of law.
(2) A licensee, registrant, agent, or employee may not conduct a
series of transactions that would be in violation of §A(1)(d) of this
regulation.
B. Health Endangerment.
(1) A licensee, registrant, agent, or employee may not:
(a) Apply any contaminant to cannabis or cannabis products;
(b) Handle cannabis or cannabis products in a manner that would
endanger health and safety;
(c) Store cannabis or cannabis products in a manner that would
endanger health and safety;
(d) Otherwise risk the health and safety of a patient or
consumer.
(2) A licensee, registrant, agent or employee may not sell,
dispense or otherwise distribute cannabis or cannabis products to an individual
younger than 21 years old unless the individual is a:
(a) Qualifying patient over the age of 18; or
(b) Registered caregiver.
C. A licensee or registrant may not substantially deviate or
demonstrate a pattern of deviation from the standard operating procedures or
terms set forth in the license.
D. The Administration may fine, suspend, restrict, revoke, or
otherwise sanction any cannabis licensee or registrant for:
(1) Any violation of the Alcoholic Beverages and Cannabis
Article, Title 36, Annotated Code of Maryland;
(2) Any violation of this regulation;
(3) Any violation of this chapter;
(4) Any other violation of this subtitle and COMAR 10.62;
(5) Restricting, limiting, or otherwise impeding an inspection
or investigation by the Administration; or
(6) Any other violation of State, federal, or local:
(a) Law;
(b) Regulation; or
(c) Ordinances.
.05 Fines, Hearings, and
Suspension.
A. A licensee, registrant, agent, or employee who violates
Regulation .04A—B of this chapter is subject to a fine of up to $10,000 per
violation.
B. A licensee, registrant, agent, or employee who violates
Regulation .04C—D of this chapter is subject to a fine of up to $5,000 per
violation.
C. The licensee, registrant, agent, or employee assessed a fine
under this regulation may:
(1) Elect to pay the imposed fine; or
(2) Request a hearing not later than 30 days after the receipt
of the notice of the fine.
D. Hearings requested under this regulation shall be conducted
in accordance with COMAR 14.17.22.
E. The Administration shall remit any penalty collected under
this regulation to either the:
(1) Medical Cannabis Compassionate Use Fund;
(2) Cannabis Business Assistance Fund;
(3) Community Reinvestment and Repair Fund; or
(4) Cannabis Public Health Fund.
F. Funds from fines remitted under §E of this regulation shall
be distributed at the discretion of the Administration by evaluating:
(1) Available fund balances;
(2) Uses of the fund; and
(3) Future needs of the fund.
G. Summary Suspension.
(1) The Administration shall order the summary suspension of a
license or registration if the Administration determines that the threat to
public health, safety, or welfare requires immediate suspension of a license or
registration.
(2) The Administration shall promptly give the licensee or
registrant:
(a) Written notice of the suspension, the findings, and the
reasons that support the findings; and
(b) An opportunity for a hearing before the Administration.
(3) Service of notice of intent to summarily suspend a license
or registration shall be made by:
(a) Hand delivery;
(b) Certified mail to the address the licensee or registrant is
required to maintain with the Administration; or
(c) Other reasonable means to effect service.
(4) A licensee or registrant aggrieved by the action of the
Administration under this regulation may appeal the Administration’s action by
filing a request for a hearing not later than 30 days after receipt of notice
of the Administration's action.
H. Show Cause Hearing.
(1) In addition to the right to request a hearing provided in
§G(4) of this regulation, a licensee or registrant aggrieved by the action of
the Administration under §G of this regulation shall be provided with the
opportunity for a hearing to show cause why the Administration should lift the
summary suspension.
(2) If requested in writing, the show cause hearing shall be
held promptly within a reasonable time after the effective date of the order of
the summary suspension.
(3) The show cause hearing will be a non-evidentiary hearing to
provide the parties with an opportunity for oral argument on the summary
suspension.
(4) The show cause hearing shall be conducted before the
Administration director or a designee who:
(a) Shall determine procedural issues;
(b) May impose reasonable time limits on each party’s oral
argument; and
(c) Shall make rulings reasonably necessary to facilitate the
effective and efficient operation of the show cause hearing.
(5) At the conclusion of the show cause hearing, the
Administration director or a designee may:
(a) Affirm the order of summary suspension;
(b) Rescind the order of summary suspension;
(c) Enter into a consent order; or
(d) Enter into an interim order warranted by the circumstances
of the case, including one providing for a stay of the summary suspension,
subject to certain conditions.
(6) After the show cause hearing, if the Administration Director
or a designee decides to continue the summary suspension, the licensee or
registrant aggrieved by the decision may pursue a hearing in accordance with
COMAR 14.17.22.
(7) Contesting a summary suspension through a show cause hearing
does not toll or otherwise excuse the requirement that an aggrieved party
request a hearing within 30 days of notice of the agency action, as set forth
in §G(4) of this regulation.
(8) If, after due notice, the licensee or registrant against
whom the action is contemplated does not appear, the Administration may hear
and determine the matter.
.06 Advertising.
A. All advertisements for cannabis products, businesses,
licensees, or other cannabis-related services shall comply with the
requirements of Alcoholic Beverages and Cannabis Article, §§36-901—36-903,
Annotated Code of Maryland.
B. A standard licensee, registrant, agent, or employee who
violates §A of this regulation:
(1) Is subject to a fine not exceeding:
(a) $1,000 for the first violation;
(b) $5,000 for the second violation occurring within 24 months
after the first violation; and
(c) $10,000 for each subsequent violation occurring within 24
months after the preceding violation; and
(2) May elect to:
(a) Pay the imposed fine; or
(b) Request a hearing not later than 30 days from the receipt of
the fine.
C. In accordance with the hearing provisions in Regulation .05
of the chapter, the Administration may deny, suspend, or revoke the license or
registration of a licensee, registrant, agent, or employee who violates §A of
this regulation.
14.17.15 Cannabis
Business Agents
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, 36-501, and 36-1001—36-1003, Annotated Code of Maryland
.01 Scope.
This chapter pertains to the regulation of cannabis agents as
defined in COMAR 14.17.01.
.02 Registration.
A. Each agent shall be registered with the Administration before
the agent may volunteer or work for a licensee or registrant.
B. Cannabis agent registration shall be conducted pursuant to
Alcoholic Beverages and Cannabis Article, §36-501, Annotated Code of Maryland.
C. A licensee shall apply to register an agent by submitting to
the Administration:
(1) The name, address, date of birth, and Social Security Number
or Individual Tax Identification Number of an agent;
(2) Documentation of the submission of fingerprints of the agent
of to the Criminal Justice Information System’s Central Repository in
accordance with the Alcoholic Beverages and Cannabis Article, §36-505,
Annotated Code of Maryland;
(3) The request for the criminal history record information of
the agent to be forwarded to the Administration.
D. The Administration may not register as a cannabis agent an
individual who has been convicted of or pleaded nolo contendere to a crime
involving moral turpitude, whether or not any appeal or other proceeding is
pending to have the conviction or plea set aside.
E. The Administration may not deny a cannabis agent registration
based on any cannabis-related offense occurring before July 1, 2023.
.03 Registered Agent
Identification Cards.
A. The Administration shall issue to each registered agent an
identification card which includes a photograph of the face of the registered
agent taken no more than 6 months before the date of the application.
B. At all times every registered agent at a licensed or
registered premises shall visibly wear the identification card issued to the
registered agent by the Administration.
C. The agent shall apply for renewal of the identification card
every 2 years.
D. If a registered agent’s identification card is lost,
destroyed, or stolen, within 24 hours of becoming aware of the loss,
destruction or theft, the licensee shall:
(1) Report the loss, destruction, or theft to the
Administration;
(2) Apply for a replacement cards; and
(3) Pay a replacement card fee specified in COMAR 14.17.21.
E. An identification card remains the property of the
Administration and the Administration may order the return or seizure of an
identification card if the registration is revoked or expires.
F. If a registered agent’s identification card is lost,
destroyed, or stolen, a copy of the notification to the Administration shall be
evidence of registration until a new card is obtained from the Administration.
.04 Termination.
A. Within 30 days of the termination of a registered agent, the
licensee shall:
(1) Take custody of the terminated registered agent’s
identification card;
(2) Obtain any keys or other entry devices from the terminated
registered agent; and
(3) Ensure the terminated registered agent can no longer gain
access to the licensed premises.
B. Within 1 business day of the termination of a registered
agent, a licensee shall:
(1) Notify the Administration:
(a) Of the termination and the circumstance of the termination;
and
(b) Whether the terminated registered agent has returned the
agent’s identification card; and
(2) Initiate delivery of the terminated registered agent’s
identification card to the Administration.
C. The Administration shall revoke the registration of an agent
upon receiving notification that an agent is no longer associated with a
licensee.
D. If a registered agent did not return the agent’s
identification card within 30 days of the termination, the Administration shall
notify the law enforcement agency with jurisdiction in the licensee’s area.
.05 Training.
A. The licensee shall train all registered agents on:
(1) Federal and State cannabis laws and regulation and other
laws and regulations pertinent to the agent’s responsibilities;
(2) Standard operating procedures;
(3) The State alcohol and drug free workplace policy, as
identified in COMAR 21.11.08.03;
(4) Detection and prevention of diversion of cannabis;
(5) Security procedures;
(6) Safety procedures including responding to:
(a) A medical emergency;
(b) A fire;
(c) A chemical spill; and
(d) A threatening event such as:
(i) An armed robbery;
(ii) An invasion;
(iii) A burglary; and
(iv) Any other criminal incident.
B. The licensee shall retain training materials and attendance
records and make the training materials available for inspection by the
Administration.
C. Registered agents shall also be required to complete a
responsible vendor training program that:
(1) Meets the minimum requirements under Alcoholic Beverages and
Cannabis Article, §§36-1001—36-1003, Annotated Code of Maryland; and
(2) Is registered with the Administration in accordance with
§E(4) of this regulation.
D. A responsible vendor training program required under §E of
this regulation shall be in addition to the training requirements under §A of
this regulation.
E. Responsible Vendor Training Program.
(1) The Administration shall develop an application for a person
to conduct a responsible vendor training program.
(2) The application shall at a minimum identify proficiency of
the person in the training components of the Alcoholic Beverages and Cannabis
Article, §36-1001(c), Annotated Code of Maryland, including:
(a) Detailed schedule of training program time;
(b) Program standards and evaluations for the training program;
(c) Sample curriculum materials providing accurate information
on:
(i) Required license, registration, and other business
authorization;
(ii) Age requirements, patient registration, and other
acceptable identification cards;
(iii) Information on serving size, tetrahydrocannabinol, and
other cannabinoid potency, and impairment;
(iv) Record maintenance;
(v) Privacy protection for patients;
(vi) Prohibited or unlawful acts;
(vii) Administrative or criminal liability;
(viii) State and local licensing and enforcement;
(ix) Statutory and regulatory requirements for employees and
owners; and
(x) Statutory and regulatory requirements for the sale,
transfer, or delivery of cannabis or cannabis products.
(3) Applications approved by the Administration shall be
registered with the Administration for a period of three years from the date of
approval.
(4) The Administration shall assess a fee for the application,
registration, and renewal of a responsible vendor training program under this
regulation as specified in COMAR 14.17.21.
(5) A person offering a responsible vendor training program
under this paragraph may not have ownership or control of any cannabis license.
(6) A person offering a responsible vendor training program
shall:
(a) Maintain records for at least four years; and
(b) Make these records available to the Administration upon
request.
.06 Prior Registration.
For a cannabis agent previously registered to work or volunteer with
a licensee by the Maryland Medical Cannabis Commission under COMAR 10.62.09,
COMAR 10.62.20, or COMAR 10.62.26, registration shall be valid for two years
from most recent renewal.
14.17.16 Cannabis
Business Owners
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-501, 36-502, 36-503, 36-504, and 36-801, Annotated Code of Maryland
.01 Transfer of
Ownership and Control.
A. A person wishing to hold an ownership interest of greater
than 5 percent or control in a cannabis license shall comply with the
application requirements under the Alcoholic Beverages and Cannabis Article,
§36-502, Annotated Code of Maryland.
B. A license issued, regulated, or otherwise authorized under
this subtitle or COMAR 10.62 shall only be transferred in accordance with the
Alcoholic Beverages and Cannabis Article, §36-503, Annotated Code of Maryland.
C. Applicants and transferees under this chapter shall submit to
a criminal history record check in accordance with the Alcoholic Beverages and
Cannabis Article, §36-505, Annotated Code of Maryland.
.02 Disclosure of
Ownership and Control.
A. Each licensee shall submit a table of organization,
ownership, and control with the Administration:
(1) On or before July 1 of each year;
(2) Within 10 business days of any change in ownership interest
or control greater than 5 percent; and
(3) Upon request by the Administration.
B. The table of organization, ownership, and control shall
identify the management structure, ownership, and control of the licensee,
including the:
(1) Name of each owner or principal officer and any other
individual or entity with the authority to control the licensee;
(2) The office or position held, if any; and
(3) The percentage of ownership interest, if any.
C. If the licensee is a business entity with publicly traded
stock, the identification of ownership shall include:
(1) The name and percentage of ownership interest of each
individual or business entity with ownership of more than 5 percent of the
voting shares of the entity, to the extent such information is known or
contained in 13D or 13G Securities and Exchange Division filings; and
(2) To the extent known, the names and percentage of interest of
ownership of persons who are relatives of one another and who together exercise
control over or own more than 10 percent of the voting shares of the entity.
D. A licensee that is owned or controlled, in whole or in part,
by another entity shall disclose to the Administration:
(1) The relationship between the licensee and the parent or
affiliate; and
(2) Each owner, board member, or officer and any other
individual with control or management authority over those entities owning or
controlling the license.
E. Any individual identified as having ownership or control of a
license may not have other ownership interest that exceeds the limitations set
forth in Alcoholic Beverages and Cannabis Article, §36-401(e), Annotated Code
of Maryland.
.03 Annual Report on
Minority Owners and Employees.
On or before November 1 of each year, each licensee shall submit
a report in a manner determined by the Administration regarding the licensee’s
minority owners and employees.
.04 Mandatory Reporting
of Legal Actions.
A. The required reporting under this regulation applies to any
owner or manager of a licensee or its parent, affiliate, or any subsidiary who
is or was a party to the legal action whether in Maryland or another
jurisdiction.
B. Notification.
(1) An owner or manager described in §A of this regulation shall
notify and provide a description to the Administration of any of the following
events:
(a) The filing of any administrative, civil, or criminal action
against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual;
(b) The disposition of any administrative, civil, or criminal
action against the licensee or its parent, affiliate, or subsidiary by any
governmental entity, private entity, or individual, whether by judgment, final
order, consent order, or other negotiated resolution; or
(c) The filing for bankruptcy of the licensee or its parent,
affiliate, or subsidiary, the entry of a court order for the placement into
receivership, or the date of an assignment for the benefit of creditors.
(2) The notification and description of the event required under
§B(1) of this regulation shall be provided to the Administration within 14
calendar days after receiving:
(a) Proper service of process in accordance with the rules of
civil or criminal procedure of a court of competent jurisdiction; or
(b) Formal written notice in accordance with the administrative
rules of an administrative agency with jurisdiction.
C. The description under §B(2) of this regulation shall include
the following:
(1) Title and docket number;
(2) Name and location of the court;
(3) Names of the parties;
(4) General nature and scope of the legal action; and
(5) Any judgment, final order, consent order, or other
negotiated resolution.
.05 Prohibited Acts.
A. A licensee may not transfer ownership of the license for the
purpose of:
(1) Improperly shielding the license or the value of the license
from any judgement or liability; or
(2) Furthering any action or plan of action that violates any
State, local or federal law.
B. Except as authorized under Alcoholic Beverages and Cannabis
Article, Title 36, Annotated Code of Maryland, a licensee may not be:
(1) A member of the General Assembly;
(2) An employee of the Administration; or
(3) Otherwise be in violation of the Alcoholic Beverages and
Cannabis Article, §36-504, Annotated Code of Maryland.
C. An individual, group of individuals or persons may not own
multiple, non-majority or unreported shares or interests in a cannabis license
unless every holding is a passive interest that:
(1) Has an aggregate ownership interest of less than 5 percent;
and
(2) Does not have control over the license.
D. Owners found in violation of this regulation by the
Administration may be subject to any of the following sanctions:
(1) Fine;
(2) Suspension or revocation of the licensed business; or
(3) Forced divestiture of the owner from the licensed business.
14.17.17 Secured Creditors and Receivership
Authority: Alcoholic
Beverages and Cannabis Article, §§36-202, 36-203, and 36-503, Annotated Code of
Maryland
.01 Definitions.
A. In this chapter, the
following terms have the meanings indicated:
(1) “Licensee” means a
licensed grower, processor, or dispensary.
(2) “Secured creditor”
means a lending institution defined under the Financial Institutions Article,
§1-101, Annotated Code of Maryland, that has been approved by the
Administration to obtain a security interest in the proceeds from an
Administration -approved sale of a grower, processor, or dispensary license.
.02 Eligibility Requirements for Secured Creditors.
A. To act as a secured
creditor under this chapter, the lending institution shall be approved by the
Administration.
B. To request
Administration approval, the lending institution shall provide the following
documentation to the Administration:
(1) A compliance and
reporting plan;
(2) A proposed plan for
the appointment of a receiver that meets the requirements set forth in
Regulation .05 of this chapter;
(3) Confirmation that
the lending institution is in:
(a) Good standing and
eligible to conduct business in Maryland; and
(b) Compliance with any
regulatory requirements applicable to the lending institution; and
(4) Any other
information requested by the Administration.
C. If additional
information is requested pursuant to §B(4) of this regulation, the lending
institution shall respond within 30 days, or the Administration may deny the
request for eligibility as a secured creditor.
D. A secured creditor’s
eligibility is effective, provided:
(1) The Administration
has not revoked the secured creditor’s eligibility; and
(2) The secured
creditor:
(a) Maintains
compliance with the eligibility requirements under this chapter; and
(b) Submits an annual
report to the Administration attesting to its continued compliance with the
eligibility requirements beginning one calendar year after the date the secured
creditor is approved.
E. The Administration
shall maintain and make available on its website a list of eligible secured
creditors approved under this chapter.
.03 Security Interest in a Cannabis License.
A. A licensed grower,
processor, or dispensary may pledge an interest in the proceeds from an
Administration-approved sale of cannabis license as a security interest for a
loan.
B. An eligible secured
creditor may obtain a security interest in the proceeds from an
Administration-approved sale of a licensed grower, processor, or dispensary if:
(1) The following
information has been provided to the Administration:
(a) A copy of the
security agreement, subject to the restrictions listed in §C of this
regulation; and
(b) Any other
information requested by the Administration; and
(2) The Administration
approves the secured creditor to obtain a security interest in the license.
C. Security Agreement
Exclusions.
(1) A security
agreement may not contain provisions that authorize the secured creditor to
unilaterally:
(a) Require the loan to
become due, except if the licensee materially breaches or defaults on its
material obligations as set forth in the security agreement;
(b) Convert the debt
under the loan to equity;
(c) Deprive the
licensed grower, processor, or dispensary of the right to operate the license;
or
(d) Restrict the
ability of the licensed grower, processor, or dispensary from making payment on
the secured loan through a third party unless the payment restriction would
cause the secured creditor to violate a law by which it is governed.
(2) The Administration
may restrict a security agreement for any other good cause as determined by the
Administration.
D. Scope of a Security
Interest in a Cannabis License.
(1) Upon Administration
approval under §B of this regulation, a secured creditor may create a security
interest in proceeds from the sale of a cannabis license associated with a loan
to a licensed grower, processor, or dispensary.
(2) A security interest
in a cannabis license entitles the secured creditor to the right to the
proceeds from the sale of the cannabis license that occurs in accordance with a
disposition plan under Regulation .08 of this chapter.
(3) A security interest
in a cannabis license excludes the right to operate the license.
E. The Administration
may deny a secured creditor from pursuing disposition of a cannabis license if
the Administration determines that the arrangement is intended as a mechanism
to circumvent the sale or transfer of ownership requirements under Alcoholic
Beverages and Cannabis Article, §36-503, Annotated Code of Maryland.
.04 Selection of an Eligible Receiver.
A. Subject to approval
by the Administration under Regulation .05 of this chapter, a secured creditor
may select an eligible receiver who is a third party to oversee the disposition
of a cannabis license, including the assets of the licensee, if a licensed
grower, processor, or dispensary whose cannabis license is subject to an
Administration-approved security interest:
(1) Is the subject of
an order requiring appointment of a receiver;
(2) Becomes insolvent;
or
(3) Otherwise
materially breaches or defaults on its material obligations secured by the
associated license as set forth in the Administration -approved security
agreement.
B. Not later than 10
business days before the Administration approves the receiver, the secured
creditor who selects a prospective receiver for approval under Regulation .05
of this chapter shall submit the following information to the Administration:
(1) Proof of the creditor’s
secured interest in the proceeds from a sale of the license of the associated
licensed grower, processor, or dispensary;
(2) Proof of an order
requiring appointment of a receiver, insolvency, or evidence of the licensee’s
material breach or default on its material obligations, as set forth in the
associated Administration -approved security agreement; and
(3) Any additional
information requested by the Administration.
.05 Application for Receivership.
A. A prospective
receiver shall apply for and receive approval from the Administration in order
to serve as a receiver under this chapter.
B. The applicant for
receivership shall submit to the Administration a completed application, in a
form developed by the Administration, accompanied by the following:
(1) Documentation
establishing the applicant’s qualifications and ability to oversee the orderly
disposition of the secured license in a manner that facilitates continuity of
the licensee’s operations to the extent possible.
(2) A list of all owners
and principal officers of the applicant and supporting documentation,
including:
(a) Certificate of
incorporation;
(b) Bylaws;
(c) Articles of
organization;
(d) Operating
agreements;
(e) Certificate of
limited partnership;
(f) Resolution of a board
of directors; or
(g) Other similar
business formation documents;
(3) Documentation
establishing that the individual or entity is eligible to do business in
Maryland throughout the term of the receivership;
(4) Criminal history
record information demonstrating that the applicant for receivership does not
have any disqualifying criminal conviction applicable to licensees under this
subtitle or COMAR 10.62;
(5) Financial records,
including a record of tax payments in all jurisdictions in which an applicant
has operated a business for the 3 years before the filing of the application;
(6) An affidavit
confirming that the applicant does not have a financial or ownership interest
in any grower, processor, or dispensary license in Maryland;
(7) A disposition of
license plan, subject to Administration approval, which includes:
(a) A detailed
description of the plan for the orderly disposition of the license and
associated business assets in order to satisfy the security interest in the
right to the proceeds from the sale of the license; and
(b) A proposed timeline
for the orderly disposition of the license of the associated licensed grower,
processor, or dispensary.
(8) Any additional
information requested by the Administration.
C. The application
shall be accompanied by a non-refundable receivership application fee specified
in COMAR 14.17.21.
D. Administration
Determination of Receivership.
(1) Upon receipt of a
completed receiver application and associated fee, the Administration shall
either approve, deny, or request additional information from the applicant.
(2) If the applicant
fails to provide any additional requested information to the Administration
within 30 days of the request, the application shall be considered denied.
(3) If the
Administration approves an application, the Administration shall appoint the
applicant to serve as the receiver to oversee the orderly disposition of the
license, including the sale and transfer of the license and associated business
asset, provided the Administration has not otherwise revoked the approval.
(4) The approved
receiver:
(a) Shall maintain
compliance with the eligibility requirements under this chapter, as evidenced
by submitting an annual report to the Administration attesting to continued
compliance beginning one calendar year after the date the receiver is approved;
(b) Shall be a third
party that is not affiliated with the secured creditor; and
(c) May not have a
financial or ownership interest in any licensed grower, processor, or
dispensary in Maryland during the period the receiver is actively carrying out
its responsibilities under this chapter.
.06 Security Protocols for Receiver in a Non-Public Area of the Premises.
A. When a receiver is
admitted to a non-public area of the premises of a licensee, a registered
grower, processor, or dispensary agent of the licensee shall:
(1) Log the receiver in
and out;
(2) Retain with the log
a photocopy of the receiver’s government-issued identification;
(3) Continuously
supervise the receiver while on the premises; and
(4) Ensure that the
receiver does not touch any plant or cannabis product.
B. The licensee shall
maintain a log of any visits by the receiver to non-public areas of the
premises for 2 years.
.07 Receiver’s Responsibilities.
A. A receiver shall
comply with the provisions in this subtitle, COMAR 10.62, and Alcoholic
Beverages and Cannabis Article, Title 36, Annotated Code of Maryland, governing
the licensed grower, processor, or dispensary that is subject to the
receivership.
B. In the event of a
material violation by the receiver, the Administration shall provide the
secured creditor associated with the receivership with written notice of the
violation and an opportunity to cure within 45 days after receipt of the
written notice, unless the Administration determines that the violation is an
imminent threat to public health and safety, in which case the Administration
shall terminate the receivership immediately.
C. The Administration
shall terminate the receivership if after providing notice and the opportunity
to cure, the material violation is not cured within the 45-day period.
D. Whenever the
Administration terminates a receivership under this regulation, the secured
creditor may select another prospective receiver for Administration approval
under Regulation .05 of this chapter.
.08 Disposition of a Secured Cannabis License.
A. A receiver appointed
under this chapter shall initiate and oversee the orderly disposition of a
license and associated business assets in accordance with the disposition of
license plan specified in Regulation .05B(7) of this chapter.
B. Notification. A
receiver shall:
(1) Issue public notice
of the method, manner, time, place, and other terms of the disposition in a
newspaper of general circulation in the jurisdiction in which the licensee is
located and authorized to do business at least 60 days prior to the planned
disposition, including the following information in clear, bold type:
(a) Name and contact
information of the secured creditor;
(b) Name of licensee,
and doing business as (d/b/a) or trade name, if applicable;
(c) License number;
(d) License
classification;
(e) Date, time, and
location of planned disposition;
(f) Deadline for
obtaining pre-approval from the Administration to qualify as an eligible bidder
at the planned disposition; and
(g) Terms and
conditions imposed by the secured creditor on the disposition process and on
the successful bidder; and
(2) Provide a copy of
the information in §B(1) of this regulation to the Administration for the
purpose of posting on the Administration’s website.
C. To qualify as an
eligible bidder seeking to obtain the cannabis license, an individual, or in
the case of an entity, each individual who would acquire an ownership interest
of 5 percent or more of the cannabis license that is the subject of the
disposition, shall provide the following information to the Administration not
later than 30 days before the deadline for obtaining Administration approval to
qualify as a bidder at the planned disposition of the license:
(1) Name and contact
information;
(2) Criminal history
record information;
(3) Completed ownership
and control attestation form provided by the Administration for each individual
who intends to hold an ownership interest of 5 percent or more;
(4) Evidence of
immediately available financial resources sufficient to pay the deposit at the
planned disposition and to close the transaction within 10 days of the ratified
and final disposition;
(5) Demonstration that
the bidder meets all material requirements for licensure; and
(6) Any additional
information requested by the Administration.
D. Process for Final Disposition.
(1) Upon completion of
the planned disposition, the successful bidder shall prepare and submit to the
Administration, within 3 days after the conclusion of the planned disposition,
the necessary documentation to obtain final approval for the transfer and sale
of the license, including a completed request to transfer ownership of a
cannabis license provided by the Administration.
(2) Upon receipt of
final approval of the transfer and sale of the license by the Administration,
the disposition shall be considered ratified and final.
E. To facilitate the
orderly disposition of a secured license and associated assets, the provisions
set forth in Alcoholic Beverages and Cannabis Article, §36-503, Annotated Code
of Maryland, do not apply to the sale or transfer of the license pursuant to
this chapter.
F. Notwithstanding §E
of this regulation, the sale or transfer of a license in accordance with this
chapter shall be conducted in good faith, and the provisions of this chapter
may not be used as a mechanism to circumvent the sale or transfer of ownership
requirements under Alcoholic Beverages and Cannabis Article, §36-503, Annotated
Code of Maryland.
G. Termination of
Receivership.
(1) Upon ratified and
final disposition of the cannabis license and associated assets:
(a) The receivership
terminates; and
(b) The receiver shall
be immediately released of any responsibility associated with the receivership,
and from liability for any actions or omissions that occur after the
termination of the receivership.
(2) Nothing in this
regulation shall be construed as limiting the liability of the receiver for any
actions or omissions that occurred during the period that the receivership was
in effect.
14.17.18 Finished
Product Packaging
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-203.1, Annotated Code of Maryland
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Cartoon” means a drawing showing the features of the
subject in a simplified or exaggerated way.
(2) “Child resistant” means with respect to packaging of
cannabis or cannabis product ready for retail sale, designed or constructed to
be significantly difficult for a typical child younger than 5 years old to open
and not to be significantly difficult for a typical adult to open, and complies
with 16 CFR §1700.15(B)(1).
(3) “Exit packaging” means an opaque bag, pouch or other
container that cannabis, cannabis products and/or cannabis seeds and plants are
placed after a retail sale and before the purchased items leave the licensed
premise.
(4) “Lot” means all of a cannabis finished product that is
uniform, that is intended to meet specifications, and that is manufactured,
packaged, or labeled together during a specified time period according to a
single lot record.
(5) “Marketing layer” means the outermost layer of a retail sale
container, which is most predominantly apparent and visible. If the container
consists of only a single layer, then the outer surface of the container is the
marketing layer.
(6) “Tamper evident” means with respect to a device or process,
bearing a seal, a label or a marking that makes unauthorized access to or
tampering with a package, product, or container easily detectable.
.02 General Packaging
Requirements.
A. All items shall be individually packaged by a licensed grower
or processor prior to distribution to any licensed dispensary for retail sale.
B. Packaging Requirements.
(1) All packaging of any cannabis product for retail sale shall
be:
(a) Tamper evident;
(b) Child resistant; and
(c) Plain and opaque.
(2) Tamper evident packaging required under this section:
(a) For soft sided packaging:
(i) Shall be sealed
at the opening in a way that indicates if the container has been opened or
tampered with; and
(ii) Once opened must
remain clear that the package has previously been opened; or
(b) For a rigid container:
(i) Shall contain a
tamper evident seal; or
(ii) The lid or
enclosure shall have an adhesive band or seal that once opened must remain
clear that the package has previously been opened.
(3) Any soft sided package shall be four millimeter or greater
in thickness.
(4) Any package containing multiple servings shall be
resealable.
.03 General Labeling
Requirements.
A. All cannabis and cannabis products for retail sale shall be
properly labeled in accordance with this regulation.
B. Labels required under this regulation shall:
(1) Be printed directly on, or on a label or sticker affixed
directly to, the marketing layer.
(2) Use text no smaller than size 6 font or 1/12 an inch.
(3) Use text clearly written and printed in the English
language.
C. Warning Statements.
(1) All products sold for retail shall include the following
warning statements in a manner that complies with §B of this regulation:
(a) “The contents may only be lawfully consumed by a consumer 21
years old or older, or a registered medical cannabis patient.”
(b) “Consumption of cannabis may impair your ability to drive a
car or operate machinery. Please use extreme caution.”
(c) “There may be health risks associated with cannabis use,
especially if pregnant or breastfeeding.” and
(d) “This package contains cannabis. Keep out of reach of
children and animals.”
(2) Any product intended for topical application shall include a
statement identifying that the product is not intended for human consumption,
ingestion, or inhalation.
(3) Any product for retail sale shall include the Maryland
Poison Center emergency telephone number.
D. Product Information.
(1) All products sold for retail shall include the following
product information in a manner that complies with §B of this regulation:
(a) Net weight of the cannabis, or cannabis product;
(b) Finished product lot number;
(c) Name of the licensee that packaged the product;
(d) Name, address, and phone number of the licensee that sold
the product to report an adverse event;
(e) An itemization, including weight, of all cannabinoid and
terpene ingredients specified for the product, and concentrates of any
cannabinoid of less than one percent shall be printed with a leading zero
before the decimal point;
(f) If applicable, a list of all major allergens contained in
and used to manufacture the cannabis finished product in accordance with the
Food Allergen Labeling and Consumer Protection Act of 2004, 21 U.S.C. §343
(2010), specifically milk, eggs, fish, crustacean shellfish, tree nuts,
peanuts, wheat and soybeans;
(g) A list of all noncannabis ingredients;
(h) A list of any solvents used to produce the product; and
(i) Dates corresponding to the date that:
(i) The product was harvested, packaged, or produced; and
(ii) The product would be considered expired by, or best used
by.
(2) Cannabinoid itemization required under §D(1)(e) of this
section may be within a standard variance as identified by the Administration
in the Technical Authority.
E. A certificate of analysis completed by an independent testing
laboratory in accordance with COMAR 14.17.08 and the Technical Authority shall
be made available on the package through a link or QR code.
F. Universal Symbol.
(1) Packages shall display the universal symbol:
(a) On the front or most predominantly displayed area of the
package;
(b) In an area no smaller than ½ inch by ½ inch;
(c) In the form provided by the Administration and may not be
modified, recreated, stylized, stretched, or otherwise distorted; and
(d) On a background where the symbol is clearly distinguishable
and identifiable.
(2) The following symbol shall be the only symbol used on
packages under this regulation:
.04 Medical Cannabis
Product Packaging and Labeling.
A. Unless otherwise stated, product regulations under
Regulations .02—.03 of this chapter apply to medical cannabis products. This
regulation applies in addition to the regulations under this chapter.
B. In addition to the packaging and labeling requirements under
Regulations .02 —.03 of this chapter, medical cannabis products shall:
(1) Maintain space for a licensed dispensary to attach a
personalized label for the qualifying patient; and
(2) Bear a clear warning that it is illegal:
(a) For any person to possess or consume the contents of the
package other than the qualifying patient; and
(b) To transfer the package or contents to any person other than
a transfer by a caregiver to a qualifying patient.
C. High potency products that are only authorized for sale to
qualifying patients under COMAR 14.17.13.03A shall maintain the requirements
under §B of this regulation on the product packaging from the licensed grower
or processor.
D. Products that are authorized for sale to either qualifying
patients or adult use consumers may contain the warnings required under §B(2)
of this regulation on a sticker or label that can be attached to the product at
the point of sale.
E. All products dispensed to a qualifying patient under COMAR
14.17.12.04A shall attach a personalized label for the qualifying patient,
which shall include:
(1) The name of the
qualifying patient;
(2) The name of the
certifying provider;
(3) The name of the licensee
where the product was dispensed;
(4) The date that the medical
cannabis was dispensed;
(5) The name of the product;
(6) The strength of
applicable cannabinoid and terpene compounds:
(a) Displayed in
units appropriate to the dosage form; and
(b)
Concentrations of any cannabinoid of less than one percent shall be printed
with a leading zero before the decimal point;
(7) The quantity
of medical cannabis dispensed, displayed in units appropriate to the dosage
form;
(8) Any
directions for use of the product; and
(9) The
instructions for proper storage or handling of the product.
.05 Edible Cannabis
Product Packaging.
A. Unless otherwise stated, product
regulations under Regulation .02—.04 of this chapter apply to edible cannabis
products and tinctures. This regulation applies in addition to the regulations
under this chapter.
B. All edible cannabis product packaging shall include:
(1) Milligrams per single serving of total THC, total CBD, and
any other marketed cannabinoid;
(2) Milligrams per package of total THC, total CBD, and any
other marketed cannabinoid;
(3) The number of servings per package and, if applicable, the
recommended size of a serving;
(4) A nutritional fact panel consistent with the U.S. Food and
Drug Administration Standards;
(5) A list of all active and inactive ingredients in descending
order of predominance by weight in the cannabis product; and
(6) A warning label that states, “Effects of this product may be
delayed by 4 or more hours.”
C. Any edible cannabis product containing multiple servings
shall:
(1) Be resealable;
(2) Contain no greater than 10 milligrams of THC per serving;
(3) Contain no greater than 100 milligrams of THC per package;
and
(4) Clearly indicate the size of a serving.
D. Multiple, individually packaged single serving products may
be packaged together by a licensed processor using a marketing layer if the
marketing layer:
(1) Contains the necessary labels, warnings, and standards under
this chapter; and
(2) Does not combine products the THC content of which exceeds
100 milligrams.
.06 Packaging and
Labeling Requirements of Cannabis Seeds and Plants.
A. This regulation applies only to cannabis seeds and plants for
home cultivation regulated under COMAR 14.17.13.07.
B. Products sold under this regulation are exempt from
Regulation .02—.05 of this chapter.
C. Cannabis Seeds.
(1) Packaging for cannabis seeds for sale to consumers shall:
(a) Keep cannabis seeds dry;
(b) Prevent germination of the seeds in the packaging; and
(c) Not impart any deleterious substances into the cannabis
seeds.
D. Labeling Requirements.
(1) All cannabis seeds or plants for home cultivation shall
display on the marketing layer:
(a) The name of the licensed facility where the cannabis seeds
were derived or propagated;
(b) The name of the licensed dispensary where the product is
being sold to an individual for home cultivation;
(c) The net weight of the product, or the number of individual
seeds; and
(d) A warning label that states, “For home cultivation only.
Must be 21 years old or older or a registered patient for home cultivation.”
.07 Prohibited Packaging
and Labeling.
A. Any product labeled and sold in accordance with this subtitle
may not bear any:
(1) Resemblance to the trademarked, characteristic or
product-specialized packaging of any commercially available candy, snack, baked
good or beverage;
(2) Statement, artwork or design that could reasonably mislead
any person to believe that the package contains anything other than a cannabis
finished product;
(3) Seal, flag, crest, coat
of arms, or other insignia that could reasonably mislead any person to believe
that the product has been endorsed, manufactured, or used by any State, county
or municipality or any agency thereof;
(4) Cartoon, neon colors,
celebrity, mascot, image, graphic or feature that is designed to or likely to
appeal to minors;
(5) Images of food, candy, baked goods, cereal, fruit,
beverages, or the words “candy” or “candies”;
(6) Depiction of any form of consumption of cannabis or cannabis
products;
(7) Depiction of overconsumption or intoxicating effects of
cannabis or cannabis products;
(8) Claims regarding health or physical benefits to the
consumer; and
(9) False or misleading statements;
B. Labels, marketing layers or any other aspect of the product
package are prohibited from obscuring any warnings, statements, or information
required under this chapter.
C. Products are prohibited from targeting or being designed to
appeal to any individuals younger than 21 years old.
.08 Exemptions.
Notwithstanding Regulations .01—.07 of
this chapter, products labeled in accordance with COMAR 10.62.24 may be sold
prior to January 1, 2024, if:
A. The product is unexpired; and
B. The product and the product packaging was approved prior to
July 1, 2023.
14.17.19 Cannabis
Research
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-701, and 36-702, Annotated Code of Maryland
.01 Academic Research.
A. An entity eligible to register with the Administration for
the purpose of conducting a bona fide research project relating to the uses,
properties, or composition of cannabis includes:
(1) An institution of higher education;
(2) A related medical facility; or
(3) An affiliated biomedical research firm.
B. Academic research institutions and entities shall operate in
accordance with the Alcoholic Beverages and Cannabis Article, §36-701,
Annotated Code of Maryland.
C. Registration.
(1) An entity qualified under §A of this regulation shall submit
an application to the Administration that includes:
(a) The name of the primary researcher;
(b) The expected duration of the research project;
(c) The primary objectives of the research project, scope of
work, and potential application(s) of the research findings;
(d) An application fee as specified in COMAR 14.17.21; and if
applicable,
(e) A detailed budget.
(2) Registrations under this regulation shall be valid until:
(a) There is a change in the research project;
(b) The institution withdraws the registration; or
(c) 30 days have elapsed from the expected duration of the
research project and the Administration has not been notified of any change or
extension to the research project.
D. Modifications.
(1) The registered entity shall report any modifications to the
scope, researcher, or any other information submitted as part of the
application within 30 days to the Administration.
(2) The registered entity may continue to conduct research under
this regulation while awaiting Administration approval of any modifications.
.02 Research and
Development.
A. The Administration may register an entity to grow, process,
test, and transfer cannabis for the purposes of research and development.
B. Research and development under §A of this regulation shall
comply the purposes under the Alcoholic Beverages and Cannabis Article,
§36-702, Annotated Code of Maryland.
C. Registration.
(1) An entity shall submit an application to the Administration
that includes:
(a) The name of the primary researcher or entity;
(b) The address the research will be primarily taking place;
(c) The research purpose; and
(d) An application fee as specified in COMAR 14.17.21.
(2) Registrations under this regulation shall be valid for 2
years and may be renewed for additional 2 year terms in a manner determined by
the Administration.
D. Research and development entities under this regulation shall
otherwise comply with the Alcoholic Beverages and Cannabis Article, §36-702,
Annotated Code of Maryland.
E. Modifications.
(1) The registered entity shall report any modifications to the
scope, researcher, or any other information submitted as part of the
application within 30 days to the Administration.
(2) The registered entity may continue to conduct research under
this regulation while awaiting Administration approval of any modifications.
.03 Inspections and
Controls.
A. The Administration may inspect entities registered under this
chapter to ensure compliance with:
(1) The Alcoholic Beverages and Cannabis Article, Title 36,
Annotated Code of Maryland;
(2) This subtitle and COMAR 10.62;
(3) This chapter;
(4) Any other violation of State, federal, or local:
(a) Law;
(b) Regulation; or
(c) Ordinances.
B. Inspections under this regulation may be announced or unannounced.
C. The Administration may issue identification cards for
individuals associated with research entities registered under this chapter.
.04 Reporting
Requirements.
A. The registrant shall submit to the Administration:
(1) An annual report on the progress and status of any research
project; and
(2) A final report of the findings of the research project to
the Administration within 30 days of the completion of the research project.
B. The final report shall include a summary of the research
findings and their applications.
C. A published article or document on the research project may
serve as the final report.
D. Approval is required by the Administration prior to
publication of any findings.
.05 Prohibitions.
A. Entities registered under this regulation may not dispense,
sell, sample, or otherwise distribute cannabis or cannabis products to
individuals outside of the scope the defined research project.
B. Entities registered under this regulation may not otherwise
operate in a manner that gives the appearance of the growing, processing, or
dispensing of cannabis or cannabis products by a licensee.
C. Entities registered under this regulation may not perform
research activities outside of Maryland.
14.17.20 Prohibited Acts
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-203, and 36-1101, Annotated Code of Maryland
.01 Definitions.
In this section, the term “naturally occurring biologically
active chemical constituent” means a chemical compound, component, or other
material found naturally in the Cannabis Sativa L. plant and recognized by the
Administration.
.02 Prohibitions.
A. A licensee may not:
(1) Sell, transfer, or deliver cannabis to an individual who is
visibly intoxicated;
(2) Offer cannabis or cannabis products as a prize, premium or
consideration for a lottery, contest, game of chance, game of skill, or
competition of any kind;
(3) Conduct direct-to-consumer internet sales of adult-use
cannabis or cannabis products on or before July 1, 2025
(4) Violate any part of:
(a) The Alcoholic Beverages and Cannabis Article, Title 36,
Annotated Code of Maryland;
(b) This subtitle or COMAR 10.62;
(c) This chapter;
(d) Any other violation of State, federal, or local:
(i) Law;
(ii) Regulation; or
(iii) Ordinances.
B. Persons not registered or licensed under this subtitle or
COMAR 10.62 may not:
(1) Operate a business or establishment that could reasonably be
interpreted to be a licensee;
(2) Sell or distribute a product intended for human consumption
or inhalation that contains more than:
(a) 0.5 milligrams of THC per serving; or
(b) 2.5 milligrams of THC per package.
(3) Exemptions.
(a) Persons are exempt from §B(2) of this regulation if they
sell or distribute a hemp-derived tincture that complies with the Alcoholic
Beverages and Cannabis Article, §36-1102(d), Annotated Code of Maryland.
(b) Products exempted under this subsection shall be tested by
an Independent Testing Lab under COMAR 14.17.08.05A.
C. Sales Restrictions.
(1) Naturally Occurring Biologically Active Chemical
Constituents.
(a) A person, registered agent, or licensed business may not
sell or distribute a cannabinoid that is not derived from naturally occurring
biological active chemical constituents.
(b) A licensed business may submit to the State Reference
Laboratory, in a manner determined by the Administration, other compounds to be
considered for sale, distribution, and regulation.
(2) Businesses licensed under this subtitle or COMAR 10.62 may
not:
(a) Have a license to sell alcoholic beverages under Alcoholic
Beverages and Cannabis Article, Title 1 or Title 2, Annotated Code of Maryland;
or
(b) Allow another business to sell alcoholic beverages within
its licensed premises.
D. Samples.
(1) A licensed business may not provide samples of cannabis or
cannabis product unless authorized by this section.
(2) Under this section, samples are only authorized from a
licensed business to:
(a) Another licensed business;
(b) An employee, owner, or agent of another licensed business;
or
(c) An employee, owner, or agent of the licensed business.
(3) Trade Samples.
(a) Trade samples shall only be provided by a licensed growers
and processors and shall be:
(i) Provided solely for the purpose of business-to-business
marketing;
(ii) Recorded in the Administration’s seed-to-sale system;
(iii) Packaged and labeled in accordance with COMAR 14.17.18;
(iv) Tested in accordance with COMAR 14.17.08; and
(v) Comply with product requirements under COMAR 14.17.13;
(b) Trade samples under this subsection may not be:
(i) Sold to another licensed business, patient, caregiver, or
consumer;
(ii) Consumed on any licensed premises; or
(ii) A cannabis plant.
(4) Employee Samples.
(a) Employee samples shall only be provided by a licensed
business to an employee of the licensed business and shall be:
(i) Provided solely for the purpose of employee education;
(ii) Recorded in the Administration’s seed-to-sale system;
(iii) Packaged and labeled in accordance with COMAR 14.17.18;
(iv) Tested in accordance with COMAR 14.17.08; and
(v) Comply with product requirements under COMAR 14.17.13;
(b) Employee samples under this subsection may not be:
(i) Sold to another licensed business, patient, caregiver, or
consumer;
(ii) Consumed on any licensed premises; or
(ii) A cannabis plant.
14.17.21 Fees
Authority: Alcoholic Beverages and Cannabis Article, §§36-202,
36-205, and 36-403, Annotated Code of Maryland
.01 Scope.
The following fees are established by the Administration.
.02 Fees.
A. Application fees:
(1) For a standard license, on-site consumption license, or
incubator space— $5,000;
(2) For a micro license— $1,000.
B. Licensing fees:
(1) For a standard license, on-site consumption license, or
incubator space issued under COMAR 14.17.06, the licensing fees for initial
licensure or renewal shall be:
(a) Grower license—$50,000
(b) Processor license—$25,000
(c) Dispensary license—$25,000
(d) Incubator space license—$10,000
(e) On-site consumption license—$10,000
(2) For a micro license issued under COMAR 14.17.07:
(a) Grower license—$10,000
(b) Processor license— $10,000
(c) Dispensary license—$10,000
(3) Licensing fees required under this section shall be valid
for a 5-year period.
(4) A licensed social equity business shall have the licensing
fees in §B(1) and (2) of this regulation reduced by 50 percent by the
Administration for each license type held by the social equity businesses.
C. Registration fees:
(1) Cannabis agent fees:
(a) Registration fee to be paid every 2 years—$50; and
(b) Replacement identification card fee—$50.
(2) Independent testing laboratory fees:
(a) Laboratory registration fee—$5,000;
(b) Employee registration fee to be paid every 2 years—$50; and
(c) Replacement employee identification card fee—$50.
(3) Ancillary business and security guard agency fees:
(a) Annual business registration fee—$1,000;
(b) Agent registration fee to be paid every 2 years—$50; and
(c) Replacement agent identification card fee—$50.
(4) Research and development fees:
(a) Academic research institution fees:
(i) Registration fee— $500;
(ii) Renew fee for each subsequent or modified research
project—$100;
(iii) Academic research representative registration fee—$50; and
(iv) Academic research representative card replacement fee—$50
(b) Research and development entity fees:
(i) Registration fee—$1,000;
(ii) Renew fee for each subsequent or modified research
project—$500;
(iii) Research and development representative registration
fee—$50; and
(iv) Research and development representative card replacement
fee—$50
(5) Responsible vendor training program fees:
(i) Registration fee—$500; and
(ii) Renewal fee—$250.
D. Medical cannabis program fees:
(1) Qualifying patient and caregiver fees:
(a) Identification card base fee—$25; and
(b) Replacement identification card fee—$50.
E. Micro license conversion fees:
(1) A micro licensee who wishes to convert the micro license
into a standard license shall pay a pro-rated amount based on:
(a) The number of whole months remaining on the initial micro
license; and
(b) The fee amount difference between a standard and micro
license of the license type.
(2) The conversion fee in this section shall be calculated by
the Administration using:
(a) For growers:
(i) $50,000 for a full 5-year license term; or
(ii) A pro-rated amount for each remaining whole month the
initial micro license is valid.
(b) For processors:
(i) $25,000 for a full 5-year license term; or
(ii) A pro-rated amount for each remaining whole month the
initial micro license is valid.
(b) For dispensaries:
(i) $25,000 for a full 5-year license term; or
(ii) A pro-rated amount for each remaining whole month the
initial micro license is valid.
(3) The conversion fee calculated under this section shall be
paid in full within 18 months of the date the conversion is in effect.
F. Permit fees:
(1) Edible cannabis product permit fees:
(a) Application fee—$1,000; and
(b) Annual permit fee—$500.
G. Miscellaneous fees:
(1) Transfer of ownership interest in or control of a grower,
processor, dispensary, on-site consumption, or incubator space license with
entity transferee—$1,000;
(2) Transfer of ownership interest in a grower, processor,
dispensary, on-site consumption, or incubator space license with individual
transferee—$500 per person;
(3) Change in the location of a grower, processor, or dispensary
premises—$500;
(4) License reinstatement fee—$2,000;
(5) Receivership application fee—$1,000; and
(6) Management agreement fee—$1,000.
H. At its discretion, the Administration may waive or reduce the
fees established in this regulation.
14.17.22 Hearing Procedures
Authority: Alcoholic
Beverages and Cannabis Article, §36-202, Annotated Code of Maryland
.01 Scope.
A. This chapter applies
to hearings that the Administration is required to conduct by statute or
regulation except for those hearings for which specific procedural regulations
have been promulgated.
B. These procedures are
intended to supplement the procedures required by law. They are not substantive
and are not to be construed as creating rights not set out by law. In the event
of conflict, statutory provisions take precedence over this chapter.
C. The right to a
hearing under this regulation is granted to a licensed business, registrant,
agent, owner, or selected applicant that has been subject to an action by the
Administration.
.02 Definitions.
A. The following terms
have the meanings indicated.
B. Terms Defined.
(1) “Hearing” means a
presentation or other preceding as defined by the Administrative Procedure Act,
State Government Article, §10-201 et seq., Annotated Code of Maryland.
(2) “Hearing officer”
means a designee empowered by statute to render a decision as defined by the
Administrative Procedure Act, State Government Article, §10-201 et seq.,
Annotated Code of Maryland.
(3) “Notice of agency
action” means a document issued by the Administration that states the granting
of a license registration, plan of correction, remedial action certification,
issuance of a fine, and consent order.
(4) “Party” means any
person or agency named or admitted as a party to a Hearing, including the
Administration.
.03 Notice of Administration Action.
A. The Administration
shall provide notice of agency action and a statement of the right to a hearing
required by law. The notice shall contain the information required by State
Government Article, §§10-207 and 10-208, Annotated Code of Maryland.
B. The Administration
acquires jurisdiction over a matter and a case commences when a party files a
request for a hearing following the issuance of an agency action.
C. The Administration
may delegate authority under State Government Article, §10-205, Annotated Code
of Maryland, or as otherwise directed by the Administration.
.04 Request for a Hearing.
A. A party may file a
request for a hearing within 30 days of the date of the notice of agency
action.
B. If a party does not
submit a request for a hearing within the 30-day period, the agency action
becomes final and is not subject to appeal.
C. If the party has
complied with the terms stated in the notice of agency action, a request for a
hearing may not be considered unless the request for a hearing was received by
the Administration within 30 days of the agency action.
D. The Administration
may delegate a contested case regarding Administration determination to the
Office of Administrative Hearings, as permitted and consistent with State
Government Article, §10-205, Annotated Code of Maryland.
E. Any hearings
delegated by the Administration under §D of this regulation shall be conducted
in accordance with this chapter.
.05 Postponement.
A. A hearing officer
shall consider a request for postponement only if the requesting party can
establish good cause for the postponement.
B. Except as provided
in §D of this regulation, a request for postponement shall be made in writing
and be received by the Administration no fewer than 5 business days before the
scheduled hearing.
C. The hearing officer
may require documentation of the reasons for the postponement request from the
party.
D. Emergency Request
for Postponement.
(1) For purposes of
this paragraph, "emergency" means a sudden, unforeseen occurrence
requiring immediate attention which arises within 5 business days of the
hearing.
(2) In an emergency, a
request for postponement may be made by telephone.
(3) The hearing officer
may require documentation of the reasons for the emergency postponement request
from a party.
.06 Prehearing Conference and Case Resolution.
A. Before a hearing,
the hearing officer may:
(1) Hold a prehearing
conference; and
(2) Review or request
materials relevant to the proceedings.
B. If all parties agree
at a prehearing conference, a hearing officer may dispose of an issue by
stipulation or settlement stating whether the disposition is with or without
prejudice.
C. Case Resolution.
(1) The Administration
may initiate a case resolution process with parties after the request of a
hearing.
(2) Any cases that are
not resolved through case resolution shall proceed with a hearing in accordance
with this chapter.
.07 Scheduling a Hearing.
A. After receipt of a
timely request for a hearing, the Administration shall schedule a hearing as
soon as reasonably practicable.
B. The hearing officer
shall notify the person or party:
(1) Of the date, time,
and location of hearing;
(2) Of the statutory
and regulatory authority of the Administration’s action or proposed action;
(3) That the person or
entity may present witnesses and documents at the hearing;
(4) That the failure to
appear for the scheduled hearing shall be treated as a withdrawal of the
request for the hearing; and
(5) If the hearing is
by telephone, video, or other electronic means, of instructions on how to
appear for the hearing.
(6) Upon request of a
person or party, witness, or representative who cannot hear, speak, or
understand the spoken or written English language, the Administration shall
provide a qualified interpreter during the Administration proceeding in which
the party, witness, or representative is participating as required by the
Americans with Disabilities Act.
.08 Filing.
Unless otherwise provided by law:
A. An initial pleading
is deemed to be filed on the earlier of the date that a request for hearing,
along with all required fees, necessary documents, and other information, is
postmarked or received by the Administration, if required to be filed with the
Administration.
B. Other pleadings are
deemed to be filed on the earliest of the date on which they are addressed to
the Administration and postmarked.
C. Non-postmarked
documents delivered or electronically transmitted to the Administration after 5
p.m. are deemed to be filed on the next day on which the Administration is open
for business.
.09 Hearings.
A. Procedures.
(1) The Administration
shall record all hearings and provide a copy of that recording upon request.
(2) A party may produce
witnesses and documents in support of the party’s position.
B. Written Subpoenas.
(1) A party may request
that the hearing officer issue subpoenas for witnesses or documents necessary
for the hearing.
(2) A party shall make
the request in writing, no later than 21 days before the hearing, explaining
why the subpoena is necessary.
(3) The hearing officer
may:
(a) Question any
witnesses;
(b) Allow a party time
to provide additional evidence or written arguments and may reconvene the
hearing if the hearing officer considers it necessary;
(c) Consult with any
employee of the Administration and with the person before making a decision in
a case, in accordance with State Government Article, §10-219(A), Annotated Code
of Maryland; or
(d) Decline to issue
the subpoena.
C. Evidence.
(1) The hearing officer
shall consider evidence of the type and in the manner prescribed by State
Government Article, §10-213, Annotated Code of Maryland;
(2) Copies of documents
may be admitted, although the Administration’s hearing officer may require
production of originals;
(3) The Administration
shall retain documentary or other evidence for at least 60 days after a final
order has been issued and all appeal rights have been exhausted or waived. The
evidence may then be destroyed unless the owner or person producing it makes a
written request for its return.
D. Burden of Proof.
(1) The standard of
proof in a hearing shall be a preponderance of evidence.
(2) In the hearing of a
contested case involving allegations that the party violated a law or
regulation, the presenter of evidence for the Administration shall bear the
burden of proving that the party committed the violations that resulted in the
Administration’s action against a licensed business.
(3) In the hearing of a
contested case resulting from the denial, or proposed denial, of a license,
registration, or permit, the applicant shall have the burden of establishing
the applicant's entitlement to the license, registration, or permit.
E. Hearings Conducted
by Electronic Means.
(1) A hearing officer
may conduct all or part of a hearing by telephone, video conferencing, or other
electronic means, with the consent of all parties.
(2) All substantive and
procedural rights applicable to hearings described in this regulation apply to
telephone, video, or other electronic hearings, subject only to the limitations
of the physical arrangement.
(3) For a telephone,
video, or other electronic hearing, a party shall provide documentary evidence
to be offered to all parties so that each party and the hearing officer receive
it at least 5 days before the scheduled hearing.
(4) For a telephone,
video, or other electronic hearing, the following may be considered a failure
to appear and result in the assessment or denial of the application for refund
becoming final and not subject to appeal:
(a) Failure to answer
the telephone for 15 minutes from the time set for the hearing;
(b) Failure to free the
telephone for a hearing;
(c) Any other failure
without good cause to be ready to proceed with the hearing as scheduled.
.10 Final Determination.
A. The hearing officer
shall issue a written final determination on behalf of the Administration.
B. The notice of final
determination shall summarize:
(1) Any adjustments to
the determination of fines or penalties and the reasons for the
Administration’s action;
(2) The deadline for
payment of a fine or penalty; and
(3) In the case of a
suspension or revocation of a license, the reason for the Administration's
action;
C. The final
determination exhausts all administrative remedies.
.11 Record.
The hearing officer
shall create and maintain a record that includes the information set forth in
State Government Article, §10-218, Annotated Code of Maryland.
.12 Appeals.
A. A party may appeal
the final determination of the Administration to a Maryland circuit court if
done so within 30 days of receipt of the final determination.
B. For purposes of an appeal,
the venue in the Circuit Court of Anne Arundel County shall be proper as that
is where the Administration resides and carries on its regular business in Anne
Arundel County.
WILLIAM TILBURG
Director
Maryland Cannabis Administration
Final Action on Regulations
Symbol Key
• Roman type
indicates text already existing at the time of the proposed action.
• Italic
type indicates new text added
at the time of proposed action.
• Single underline, italic indicates new text added at the time of final
action.
• Single
underline, roman indicates existing text added at the time of final action.
• [[Double
brackets]] indicate text deleted at the time of final action.
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 02 FISHERIES SERVICE
08.02.11 Fishing in Nontidal
Waters
Authority: Natural Resources Article, §§4-219, 4-603, and 4-616,
Annotated Code of Maryland
Notice of Final Action
[23-045-F]
On June 26, 2023, the Secretary of Natural Resources adopted
amendments to Regulation .01 under COMAR 08.02.11 Fishing in Nontidal Waters.
This action, which was proposed for adoption in 50:8 Md. R. 344—345 (April 21,
2023), has been adopted as proposed.
Effective Date: July 24, 2023.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.11 Fishing in Nontidal
Waters
Authority: Natural Resources Article, §§4-219, 4-602, 4-603, and
4-616, Annotated Code of Maryland
Notice of Final Action
[23-036-F]
On June 26, 2023, the Secretary of Natural Resources adopted new
Regulation .02 and amendments to
Regulation .04 under COMAR 08.02.11 Fishing in Nontidal Waters.
This action, which was proposed for adoption in 50:8 Md. R. 345—346 (April 21,
2023), has been adopted as proposed.
Effective Date: July 24, 2023.
JOSH KURTZ
Secretary of Natural Resources
Subtitle 02
FISHERIES SERVICE
08.02.20 Bait
Authority: Natural Resources Article, §§4-219 and 4-602, Annotated Code of Maryland
Notice of Final Action
[23-035-F]
On June 26, 2023, the Secretary of Natural Resources adopted
amendments to Regulation .01 and new
Regulation .03 under COMAR 08.02.20 Bait. This action, which
was proposed for adoption in 50:8 Md. R. 349—350 (April 21, 2023), has been
adopted with the nonsubstantive changes shown below.
Effective Date: July 24, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated
Code of Maryland, the Attorney General certifies that the following changes do
not differ substantively from the proposed text. The nature of the changes and
the basis for this conclusion are as follows:
Regulation .03B: As originally proposed, the regulation prohibited
the use of all trout from being used as bait. After further review by staff and
discussions with the affected stakeholders, the Department is changing the bait
prohibited from all trout to only brown and brook trout instead. The affected
class could have reasonably anticipated these changes based on public comment.
Furthermore, the changes are less restrictive than originally proposed.
.03 Prohibited Species
A. (proposed text unchanged)
B. Prohibited Species.
(1)—(8) (proposed text unchanged)
(9) [[All species of trout; and]]
Brook trout;
(10) Brown trout; and
[[10]] (11) (proposed text unchanged)
JOSH KURTZ
Secretary of Natural Resources
Title 09
MARYLAND DEPARTMENT OF LABOR
Subtitle 12 DIVISION OF LABOR AND
INDUSTRY
09.12.81 Elevator, Escalator,
and Chairlift Safety
Authority: Public Safety Article, §§ 12-805, 12-806, and 12-809,
Annotated Code of Maryland
Notice of Final Action
[22-275-F-I]
On April 19, 2023, the Commissioner of Labor and Industry adopted
amendments to Regulation .02 under COMAR 09.12.81 Elevator, Escalator, and
Chairlift Safety. This action, which was proposed for adoption in 50:1 Md.
R. 11 (January 13, 2023), has been adopted as proposed.
Effective Date: October 2, 2023.
DEVKI K. VIRK
Commissioner of Labor and Industry
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 09 MEDICAL CARE PROGRAMS
10.09.09 Medical Laboratories
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Final Action
[22-340-F-I]
On June 16, 2023, the Secretary of Health adopted amendments to
Regulations .01 and .03—.07 under COMAR 10.09.09 Medical Laboratories. This action, which was
proposed for adoption in 50:6 Md. R. 220—221 (March 24, 2023), has been adopted
as proposed.
Effective Date: July 24, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 09 MEDICAL
CARE PROGRAMS
Notice of Final Action
[22-255-F]
On June 16, 2023, the Secretary of Health adopted:
(1) Amendments to Regulations .01
and .02, the repeal of Regulations .03 and .05, and amendments to and the recodification of existing
Regulations .04 and .06—.10 to be Regulations .03 and .04—.08 under COMAR 10.09.49
Telehealth Services; and
(2) Amendments to Regulations .01,
.02, .05, and .06 under COMAR 10.09.96 Remote Patient Monitoring.
This action which was proposed for adoption in 49:24 Md. R.
1028—1031 (November 18, 2022) has been adopted with the nonsubstantive changes
shown below.
Effective Date: July 24, 2023.
Attorney General’s Certification
In accordance with State Government Article, §10-113, Annotated
Code of Maryland, the Attorney General certifies that the following changes do
not differ substantively from the proposed text. The nature of the changes and
the basis for this conclusion are as follows:
COMAR 10.09.49.02B: In response to comments received, the Maryland
Department of Health (the Department), clarifies the definition of medically
necessary by replacing the existing definition for the term with reference to
the definition as stated in COMAR 10.09.36.01.
COMAR 10.09.49.07B: In accordance with Ch. 382 (S.B. 534), Acts of
2023, the Preserve Telehealth Access Act of 2023, the Department updates the
final date for which telehealth includes audio-only telephone conversations
from June 30, 2023 to June 30, 2025.
COMAR 10.09.96.05D: In response to comments received, the
Department is broadening eligibility for remote patient monitoring services by
removing the requirement that the participant be at high risk for avoidable
hospital utilization.
10.09.49 Telehealth Services
Authority: Health-General Article, §§2-104(b), 15-103, 15-105, and
15-105.2(b), Annotated Code of Maryland; Ch. 280, Acts of 2013; Ch. 366, Acts
of 2016; Ch. 367, Acts of 2016
.02 Definitions.
A. (proposed text unchanged)
B. Terms Defined.
(1)—(5) (proposed text unchanged)
(6) “Medically necessary” [[means that the service or
benefit is:
(a) Directly related to diagnostic, preventive, curative,
palliative, rehabilitative, or ameliorative treatment of an illness, injury,
disability, or health condition;
(b) Consistent with currently accepted standards of good medical
practice;
(c) The most cost-efficient service that can be provided without
sacrificing effectiveness or access to care; and
(d) Not primarily for the convenience of the participant, family,
or provider]] has the meaning stated in COMAR
10.09.36.01.
(7)—(13) (proposed text unchanged)
.07 Limitations.
A. (proposed text unchanged)
B. A service delivered via telehealth does not include:
(1) An audio-only telephone conversation between a health care
provider and a patient unless provided on dates of service between July 1,
2021, and June 30, [[2023]] 2025, inclusive;
(2)—(4) (proposed text unchanged)
C.—F. (proposed text unchanged)
10.09.96 Remote Patient Monitoring
Authority: Health-General Article, §15-103(b), Annotated Code of
Maryland
.05 Participant Eligibility for Services.
A participant is eligible to receive remote patient monitoring
services if:
A.—C. (proposed text unchanged)
D. The participant is at [[high]] risk for avoidable
hospital utilization due to a poorly controlled chronic disease capable of
being monitored via remote patient monitoring; and
E. (proposed text unchanged)
LAURA HERRERA SCOTT
Secretary of Health
Subtitle 15 FOOD
10.15.07 Shellfish Sanitation
Authority: Health-General Article, §§18-102, 21-211, 21-234,
21-304, and
21-346—21-350, Annotated Code of
Maryland
Notice of Final Action
[22-302-F-I]
On May 19, 2023, the Secretary of Health adopted amendments to
Regulation .01 under COMAR 10.15.07 Shellfish Sanitation.
This action, which was proposed for adoption in 49:27 Md. R. 1116 (December 30,
2022), has been adopted as proposed.
Effective Date: July 24, 2023.
LAURA HERRERA SCOTT
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
Subtitle 01 STATE SCHOOL
ADMINISTRATION
13A.01.08 Public Information Act Requests
Authority: General Provisions
Article, §§4-101—4-601, Annotated Code of Maryland
Notice of Final Action
[23-015-F]
On June 27, 2023, the Maryland State Board of Education adopted
new Regulations .01—.16 under a new
chapter, COMAR 13A.01.08 Public
Information Act Requests. This action, which was proposed for adoption in
50:7 Md. R. 313—315 (April 7, 2023), has been adopted as proposed.
Effective Date: July 24, 2023.
MOHAMMED CHOUDHURY
State Superintendent of Schools
Subtitle 01 STATE
SCHOOL ADMINISTRATION
13A.01.09 Correction or Amendment of Public
Records
Authority: General Provisions
Article, §4-502, Annotated Code of Maryland
Notice of Final Action
[23-017-F]
On June 27, 2023, the Maryland State Board of Education adopted
new Regulations .01—.11 under a new
chapter, COMAR 13A.01.09 Correction or Amendment
of Public Records. This action, which was proposed for adoption in 50:7 Md.
R. 315—316 (April 7, 2023), has been adopted as proposed.
Effective Date: July 24, 2023.
MOHAMMED CHOUDHURY
State Superintendent of Schools
Subtitle 06 SUPPORTING PROGRAMS
13A.06.07 Student
Transportation
Authority: Education Article, §§2-205, 5-218, and 8-410, Annotated Code of Maryland
Notice of Final Action
[23-025-F]
On June 27, 2023, the Maryland State Board of Education adopted
amendments to Regulations .06—.08, .11, .12, .18, and .19 under COMAR 13A.06.07 Student Transportation. This action, which was
proposed for adoption in 50:8 Md. R. 351—352 (April 21, 2023), has been adopted
as proposed.
Effective Date: July 24, 2023.
MOHAMMED CHOUDHURY
State Superintendent of Schools
Subtitle 08 STUDENTS
13A.08.01 General Regulations
Authority: Education Article, §§2-205, 7-101, 7-101.1, 7-301,
7-301.1,
7-303—7-305, 7-305.1, 7-307, 7-308, and 8-404, Annotated Code of Maryland; Ch.
273, Acts of 2016; Federal Statutory Reference: 20 U.S.C. §§1232g and 7912
Notice of Final Action
[23-012-F]
On June 27, 2023, the Maryland State Board of Education adopted
amendments to Regulation .03 under COMAR 13A.08.01 General Regulations.
This action, which was proposed for adoption in 50:7 Md. R. 317 (April 7,
2023), has been adopted as proposed.
Effective Date: July 24, 2023.
MOHAMMED CHOUDHURY
State Superintendent of Schools
Title 30
MARYLAND INSTITUTE FOR EMERGENCY MEDICAL SERVICES SYSTEMS (MIEMSS)
Subtitle 08 DESIGNATION OF TRAUMA AND
SPECIALTY REFERRAL CENTERS
30.08.08 Pediatric Trauma
Center Standards
Authority: Education Article, §13-509, Annotated Code of Maryland
Notice of Final Action
[22-306-F]
On June 13, 2023, the Maryland State Emergency Medical Services
Board adopted the repeal of existing Regulations .01—.20 and new Regulations .01—.22 under COMAR 30.08.08 Pediatric Trauma Center Standards. This action,
which was proposed for adoption in 50:5 Md. R. 184—190 (March 10, 2023), has
been adopted as proposed.
Effective Date: July 24, 2023.
THEODORE R. DELBRIDGE, M.D.
Executive Director
Withdrawal of Regulations
Title 14
INDEPENDENT AGENCIES
Subtitle 04 MARYLAND
TECHNOLOGY DEVELOPMENT CORPORATION
14.04.09 Comprehensive Technical Assistance
Program
Authority: Economic
Development Article, §10-416(d), Annotated Code of Maryland
Notice of Withdrawal
[22-082-W]
Pursuant to State Government Article, §10-116(b), Annotated Code
of Maryland, notice is given that the proposal to adopt new Regulations .01—.04 under a new chapter, COMAR 14.04.09 Comprehensive Technical
Assistance Program, which was published in 49:9 Md. R. 536—537 (April 22,
2022), has been withdrawn by operation of law.
GAIL S. KLAKRING
Administrator
Division of State Documents
Proposed Action on Regulations
Title 08
DEPARTMENT OF NATURAL RESOURCES
Subtitle 18 BOATING—SPEED LIMITS AND
OPERATION OF VESSELS
08.18.07 Chesapeake Bay
Authority: Natural Resources Article, §§8-703 and 8-704, Annotated
Code of Maryland
Notice of Proposed Action
[23-123-P]
The Secretary of Natural Resources proposes to amend Regulation .02 under COMAR 08.18.07 Chesapeake Bay.
Statement of Purpose
The purpose of this action is to establish a 6-knot speed limit
for the area surrounding the construction site of the Maryland Transportation
Authority’s Eastbound Bay Bridge Deck Replacement Project on the Western Shore
of the Chesapeake Bay. This re-decking project will include replacement of the
deck floor system, barrier upgrades, major structural rehabilitation of the
truss superstructure, lane use signal gantry replacements and utility
relocations, as well as off-site stormwater management work. The deck
replacement is scheduled to be completed by winter 2025/2026. The proposed
action establishes a speed limit for an area of the Western Shore of the
Chesapeake Bay around the construction site. This regulation will be effective
through March 31, 2026.
The proposed action is required to ensure public safety and
protect human life. Without an established speed limit, the construction zone
poses safety threats for all waterway users, employees, and contractors. The
proposed speed limit will help protect all workers and barges from excessive
wake actions. This action will positively support the project and prevent
delays. Additionally, this action has been developed in cooperation with the
Maryland Transportation Authority and the U.S. Coast Guard.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Chesapeake Bay — Western Shore Bay Bridge
Speed Zone Regulations, Regulatory Staff, Fishing and Boating Services,
Department of Natural Resources, 580 Taylor Avenue, E-4, Annapolis, MD 21401,
or call 410-260-8300, or email to boatingregspubliccomment.dnr@maryland.gov.
Comments will be accepted through August 14, 2023. A public hearing has not
been scheduled.
.02 Western Shore.
A.—N. (text unchanged)
O. Western Shore Bay Bridge Construction Area.
(1) Area. All of the waters enclosed by a line beginning at or
near Lat. 39° 0.276' N., Long. 76° 24.347' W., then running 62° 0' to a point at or near Lat. 39° 0.444' N.,
Long. 76° 23.943' W., then running 145°0’ to a point at or near Lat. 39° 0.015'
N., Long. 76° 23.554' W., then running 107°0’ to a point at or near Lat. 38°
59.874' N., Long. 76° 22.995' W., then running 198°0’ to a point at or near Lat.
38° 59.465' N., Long. 76° 23.161' W., then running 292° 0' to a point at or
near Lat. 38° 59.693' N., Long. 76° 23.878' W., then running 328° 0' to the
point of beginning.
(2) The area described in §O(1) of this regulation has a 6-knot
speed limit at all times.
(3) This regulation shall be effective through March 31, 2026.
JOSH KURTZ
Secretary of Natural
Resources
Title 10
MARYLAND DEPARTMENT OF HEALTH
Subtitle 24 MARYLAND HEALTH CARE
COMMISSION
10.24.01 Procedural Regulations for Health Care
Facilities and Services
Authority: Health-General Article, §§19-109(a)(1), 19-118(d),
19-120, 19-120.1, and 19-126, et seq., Annotated Code of Maryland
Notice of Proposed Action
[23-108-P]
The Maryland Health Care Commission proposes to repeal existing
Regulations .01─.22 under COMAR 10.24.01 Certificate of Need for
Health Care Facilities and adopt new Regulations .01─.22 under COMAR
10.24.01 Procedural Regulations for Health Care Facilities and Services.
This action was considered at an open meeting held on April 20, 2023, a notice
of which was given in accordance with General Provisions Article, §3-302(c),
Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to adopt procedural regulations
governing the Commission’s certificate of need (CON) and other health planning
programs. The proposed regulations are necessary to respond to significant
statutory changes that have occurred since these regulations were last updated
in 2005 and to streamline and modernize the manner in which health care capital
projects are reviewed by the Commission, given changes in the health care
delivery system and health care policy. The proposed regulations incorporate
statutory changes to the Commission’s authority over cardiac services, conversions
of acute care hospitals to freestanding medical facilities, ambulatory surgery
facilities, and comprehensive care facilities. In addition, the proposed
regulations align the Commission’s procedures for reviewing different types of
health care projects, establish and revise deadlines, establish new criteria
for reviewing CON applications based in health equity, and provide the
Commission with additional flexibility in monitoring approved projects through
implementation and addressing public health emergencies.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Caitlin E. Tepe, Assistant Attorney
General, Maryland Health Care Commission, 4160 Patterson Avenue, Baltimore, MD
21215, or call 410-764-3284, or email to caitlin.tepe@maryland.gov. Comments
will be accepted through August 14, 2023. A public hearing has not been
scheduled.
Open Meeting
Final action on the proposal will be considered by the Maryland
Health Care Commission during a public meeting to be held on September 21,
2023, at 1 p.m., at 4160 Patterson Avenue, Baltimore, MD 21215.
.01 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Acquisition” means:
(a) Any transfer of stock or assets that results in a change of
the person or persons who control a health care facility; or
(b) The transfer of any stock or ownership interest in excess of
25 percent.
(2) “Adversely affected”, for purposes of determining interested
party status in a Certificate of Need review, as defined in §B(35) of this
regulation, means that a person:
(a) Is authorized to provide the same service as the applicant,
in the same planning region, or contiguous planning region if the proposed new
facility or service could reasonably provide services to residents in the
contiguous area, and can demonstrate that the approval of the application:
(i) Would materially affect the quality of care at a health care
facility that the person operates, such as by causing a reduction in the volume
of services when volume is linked to maintaining quality of care; or
(ii) Would result in a substantial depletion of essential
personnel or other resources at a health care facility that the person
operates; or
(b) Can demonstrate to the reviewer that a health care facility
operated by the person could suffer a potentially detrimental impact from the
approval of a project before the Commission, in an issue area over which the
Commission has jurisdiction, such that the reviewer, in the reviewer's sole
discretion, determines that the person should be qualified as an interested
party in the review.
(3) “Aggrieved party” means:
(a) An applicant or interested party who has submitted written
exceptions to a proposed decision to the Commission and would be adversely
affected by the final decision of the Commission; or
(b) The Secretary.
(4) Ambulatory Surgery Center.
(a) “Ambulatory surgery center” or “ASC” means any center,
service, office, facility, or office of one or more health care practitioners,
a group practice, or a non-rate-regulated center owned by a hospital that:
(i) Has no more than two operating rooms;
(ii) Operates primarily for the purpose of providing surgical
services to patients who do not require overnight hospitalization; and
(iii) Seeks reimbursement from payors for the provision of
ambulatory surgical services.
(b) “Ambulatory surgery center” or “ASC” includes the following
subcategories:
(i) An ASC-P, which has only
procedure rooms;
(ii) An ASC-1, which has one
operating room; and
(iii) An ASC-2, which has two
operating rooms.
(5) “Ambulatory surgical facility” means any center, service,
office, facility, or office of one or more health care practitioners or a group
practice that:
(a) Has three or more operating rooms;
(b) Operates primarily for the purpose of providing surgical
services to patients who do not require overnight hospitalization; and
(c) Seeks reimbursement from a third-party payor as an
ambulatory surgical facility.
(6) “Approved bed” means a bed approved by the Commission in a
Certificate of Need, but not yet licensed.
(7) “Bed capacity” or “physical bed capacity” means the total
number of beds that a health care facility can set up and staff in space
designed for and licensable for use by patients requiring an overnight stay at
the facility.
(8) “By or on behalf of” includes a capital expenditure that
affects the physical plant, service volume, or service capacity of a health
care facility or health maintenance organization regardless of the source of
the funds.
(9) “Capital expenditure” means:
(a) An expenditure, including predevelopment costs, which:
(i) Is made as part of an acquisition, improvement, expansion,
or physical plant replacement;
(ii) Results in a change or relocation that would require a CON
under Regulation .02A(2)—(4) of this chapter; and
(iii) Is made by or on behalf of a health care facility that
under generally accepted accounting principles is not properly chargeable as an
expense of operation and maintenance or is made to obtain any physical plant
for a facility by lease or comparable arrangement;
(b) A donation of a physical plant to a health care facility, if
a Certificate of Need would be required for an expenditure by the health care
facility to acquire the physical plant directly; or
(c) A transfer of a physical plant to a facility for less than
fair market value, if the transfer of the physical plant at fair market value
would be a capital expenditure.
(10) “Center for Health Care Facilities Planning and Development”
means that center in the Commission that acts as the entry and information
point for applications for Certificate of Need, requests for an exemption from
Certificate of Need review, or other health care facility-related matters
requiring action by the Commission, or its staff, as provided in this chapter.
(11) “Certificate of Conformance” means an approval issued by
the Commission under Health-General Article, §19-120.1, Annotated Code of
Maryland, that allows an acute general hospital to establish emergency
percutaneous coronary intervention (PCI) services or elective PCI services
without a Certificate of Need.
(12) “Certificate of Need” or “CON” means a certification of
public need issued by the Commission under Health-General Article, Title 19,
Subtitle 1, Annotated Code of Maryland.
(13) “Certificate of Ongoing Performance” means an approval
issued by the Commission that the cardiac surgery services, emergency PCI
services, or elective PCI services provided by an acute general hospital meet standards
evidencing continued quality under Health-General Article, §19-120.1, Annotated
Code of Maryland.
(14) “Commission” means the Maryland Health Care Commission.
(15) “Comparable” when used to determine whether two or more CON
applications are subject to comparative review means that the proposed projects
are in the same health planning region and involve the addition or expansion of
at least one of the same medical services.
(16) “Comparative review” means a review in which two or more
comparable CON applications are reviewed together and ranked based on each
application’s satisfaction of the CON review criteria because the most recently
published need projections do not support the implementation of all comparable
projects.
(17) “CON-approved service” means any health care service for
which a CON was obtained, including:
(a) Medical services;
(b) Cardiac surgery services;
(c) Organ transplant services;
(d) Burn treatment services; and
(e) Neonatal intensive care services.
(18) “Consolidation” means the reconfiguration of two or more
health care facilities within a merged asset system such that:
(a) The health care facilities in the merged asset system are
combined and the total number of health care facilities of the merged asset
system is reduced; or
(b) The medical services or bed capacity are reallocated among
two or more health care facilities of the merged asset system.
(19) “Contested review” means a review in which a person has
been recognized as an interested party.
(20) “Department” means the Maryland Department of Health.
(21) “Determination of coverage” means the written determination
in accordance with Regulation .14A of this chapter whether CON or other
Commission review is required for a project.
(22) “Executive Director” means the person appointed chief
administrative officer of the Commission in accordance with Health-General
Article, §19-106, Annotated Code of Maryland.
(23) “Existing health care facility” means a health care
facility that is licensed by the Department.
(24) “Freestanding medical facility” has the meaning stated in
Health-General Article, §19-3A-01, Annotated Code of Maryland.
(25) “General hospice care program” has the meaning stated in
Health-General Article, §l9-901, Annotated Code of Maryland.
(26) Health Care Facility.
(a) “Health care facility” means:
(i) A hospital, as defined in Health-General Article, §19-301,
Annotated Code of Maryland;
(ii) A limited service hospital, as defined in Health-General
Article, §19-301, Annotated Code of Maryland;
(iii) A related institution, as defined in Health-General
Article, §19-301, Annotated Code of Maryland;
(iv) An ambulatory surgical facility;
(v) An inpatient facility that is organized primarily to help in
the rehabilitation of disabled individuals, through an integrated program of
medical and other services provided under competent professional supervision;
(vi) A home health agency, as defined in Health-General Article,
§19-401, Annotated Code of Maryland;
(vii) A hospice, as defined in Health-General Article, §19-901, Annotated
Code of Maryland;
(viii) A freestanding medical facility, as defined in
Health-General Article, §19-3A-01, Annotated Code of Maryland;
(ix) A comprehensive care facility, except as provided by
Regulation .03 of this chapter and Health-General Article, §19-114(d)(2),
Annotated Code of Maryland; and
(x) Other health institutions, services, or programs that may be
specified as requiring a CON under State law.
(b) “Health care facility” does not mean:
(i) A hospital or related institution operated, or listed and
certified, by the First Church of Christ Scientist, Boston, Massachusetts;
(ii) A kidney disease treatment facility, or the kidney disease
treatment stations and services provided by or on behalf of a hospital, if the
facility or the services do not include kidney transplant services or programs;
or
(iii) The office of one or more individuals licensed to practice
dentistry under Health Occupations Article, Title 4, Annotated Code of
Maryland, for the purposes of practicing dentistry.
(27) “Health care project” means a health care project requiring
a Certificate of Need as set forth in Regulation .02 of this chapter.
(28) “Health care services” means clinically-related patient
services, including medical services.
(29) “Health maintenance organization” or “HMO” means a health
maintenance organization under Health-General Article, §19-701, Annotated Code
of Maryland.
(30) “Health planning region” means the area used for regulation
of a particular service as provided in the State Health Plan.
(31) “Holder” means the applicant or applicants to whom the
Commission awarded a Certificate of Need, an exemption from Certificate of
Need, or other Commission approval for a project that has not received first
use approval or, if necessary, a license from the Department for that project.
(32) Home Health Agency.
(a) “Home health agency” has the meaning stated in
Health-General Article, §19-401(b), Annotated Code of Maryland.
(b) “Home health agency” includes a parent home health agency,
as defined by the Centers for Medicare and Medicaid Services under 42 CFR
§484.2.
(33) “Hospital capital threshold” has the meaning stated in
Health-General Article, §19-120(a)(4), Annotated Code of Maryland.
(34) “Initiation of construction” means:
(a) For a new health care
facility or expansion of an existing health care facility, that an approved
project has:
(i) Obtained all permits and approvals considered necessary by
applicable federal, State, and local authorities to initiate construction;
(ii) Completed all necessary preconstruction site work; and
(iii) Started the installation of the foundation system with
placement of permanent components such as reinforcing steel, concrete, and
piles; and
(b) For the renovation of an existing health care facility, that
an approved project has:
(i) Obtained all permits and approvals considered necessary by
applicable federal, State, and local authorities to initiate renovation; and
(ii) Started the demolition or relocation of affected services
necessary to undertake the renovation project.
(35) “Interested party” means a person recognized by a reviewer
as an interested party, including:
(a) Any applicant who has submitted a competing application in a
comparative review;
(b) The staff of the Commission;
(c) A local health department in the jurisdiction or, in the
case of regional services, in the planning region, in which the proposed
facility or service is to be offered;
(d) In the review of a replacement acute general hospital
project proposed by or on behalf of a regional health system that serves
multiple contiguous jurisdictions, a jurisdiction within the region served by
the regional health system that does not contain the proposed replacement acute
general hospital project; and
(e) A person who has demonstrated to the reviewer that it meets
the definition of adversely affected by the approval of a proposed project.
(36) “Intermediate care” means:
(a) A planned regimen of 24-hour professional directed
evaluation, observation, medical monitoring, and addiction treatment in an
inpatient setting for individuals with substance abuse disorder, including
American Society of Addiction Medicine (ASAM) Level 3.7 medically monitored
intensive inpatient services; and
(b) Residential care, treatment, or custody of individuals with
intellectual disability or persons with related conditions.
(37) “Jurisdiction” means the 23 counties of Maryland and
Baltimore City.
(38) Licensed Bed Capacity.
(a) “Licensed bed capacity” means the number of health care
facility beds in any of the medical service categories or subcategories, as
they appear in the Commission's inventories of licensed service capacity.
(b) “Licensed bed capacity” for acute general hospitals:
(i) Means the capacity authorized by the Secretary under
Health-General Article, §19-307.2, Annotated Code of Maryland;
(ii) Does not mean the number of holding beds to support
hospital emergency services, bassinets, beds dedicated to observation of
patients, an outpatient service, or recovery beds to support ambulatory
surgical services.
(39) “Limited service hospital” means a health care facility
that:
(a) Is licensed as a hospital;
(b) Changes the type or scope of health care services offered by
eliminating the facility's capability to admit or retain patients for overnight
hospitalization;
(c) Retains an emergency or urgent care center; and
(d) Complies with the regulations adopted by the Secretary under
Health-General Article, §19-307.1, Annotated Code of Maryland.
(40) “Local health department” means the health department in a
jurisdiction or a body designated by that jurisdiction to perform health
planning functions.
(41) “Long-term significant relationship” means a relationship
characterized by mutual economic dependence, demonstrated by evidence such as a
joint lease or mortgage or power of attorney, and evidence of common legal
residence shown by driver's licenses, voter registration, or other
identification.
(42) “Maryland Health Care Commission” means the agency
established by Health-General Article, Title 19, Subtitle 1, Annotated Code of
Maryland.
(43) “Medical service” means:
(a) Any of the following categories of health care services as
they appear in the Commission's inventories of service capacity:
(i) Medical/surgical/gynecological/addictions;
(ii) Obstetrics;
(iii) Pediatrics;
(iv) Psychiatry;
(v) Rehabilitation;
(vi) Chronic care;
(vii) Comprehensive care;
(viii) Extended care;
(ix) Intermediate care; or
(x) Residential treatment center care; or
(b) A subcategory of the rehabilitation, psychiatry,
comprehensive care, or intermediate care categories of medical services for
which the State Health Plan provides a need projection methodology or specific
standards.
(44) “Merged asset system” means an entity comprised of one or
more regulated health care facilities under common ownership or control.
(45) “Merger” means the union of two or more health care
facilities by the transfer of all the property of one or more of them to one of
them, which continues in existence, the others being merged therein.
(46) “Multiphased plan of construction” means a plan of
construction for an addition, replacement, modernization, relocation, or
conversion of an existing health care facility that involves distinct elements
of construction, demolition, or renovation that require sequential
implementation such that one element can be initiated before subsequent
elements of the overall project can be initiated.
(47) “Operating room” means a sterile room in a surgical suite
that meets the requirements of a restricted area and is designated and equipped
for performing surgical operations or other invasive procedures that require an
aseptic field.
(48) “Other Commission approval” means approval of a Certificate
of Conformance, Certificate of Ongoing Performance, or an exemption from CON
review.
(49) “Partial closing” or “partial closure” means the closure or
decommission of one or more but not all CON-approved services offered by a
health care facility.
(50) “Participating entity” means a person recognized by the Executive
Director as a participating entity and may include:
(a) A third-party payor including:
(i) An insurer or nonprofit health service plan that holds a
certificate of authority and provides health insurance policies or contracts in
Maryland;
(ii) A health maintenance organization that holds a certificate
of authority in Maryland;
(iii) A union that is providing a health plan to union members
on behalf of an employer in a jurisdiction in which the proposed project will
be located or from which an existing health care facility seeks to relocate;
(iv) A pharmacy benefit manager; and
(v) A self-insured employer offering health benefits through the
Employer Retirement Insurance Security Act of 1974;
(b) A municipality where the proposed project will be located or
from which an existing health care facility seeks to relocate; or
(c) In the case of a hospital project, a local health department
in a jurisdiction that borders a jurisdiction in which a proposed facility or
service will be located.
(51) “Person” includes an individual, receiver, trustee,
guardian, executor, administrator, fiduciary, or representative of any kind and
any partnership, firm, association, limited liability company, limited
liability partnership, public or private corporation, or other entity.
(52) Personal Physician.
(a) “Personal physician” means a physician licensed to practice
medicine who:
(i) Was chosen by an individual;
(ii) Has an established physician-patient relationship with the
individual; and
(iii) Has provided health care services to the individual.
(b) “Personal physician” does not mean an owner of, an employee
of, a person under contract with, or a person who has a material financial
interest in a continuing care retirement community, its management company, or
related entity.
(53) Predevelopment Costs.
(a) “Predevelopment costs” means all costs related to the
preliminary development of a project, which include, but are not limited to,
the costs of preliminary plans, studies, surveys, architectural designs, plans,
reports, application fees, legal fees, financing fees, consulting fees, working
drawings, or specifications undertaken in preparation for the development or
offering of a health care project.
(b) “Predevelopment costs” does not include activities routinely
undertaken by a health care facility as a part of its internal management or
long-range planning process.
(54) “Primary service area” means:
(a) The Maryland postal ZIP code areas from which the first 60
percent of a hospital's patient discharges originate during the most recent
12-month period, where:
(i) The discharges from each ZIP code area are ordered from
largest to smallest number of discharges; and
(ii) Two or more ZIP code areas having the same numbers of
discharges are ordered from the largest to smallest based on the percentage of
the hospital’s discharges originating from the ZIP code area in the most recent
12-month period;
(b) Point ZIP codes physically within any of the ZIP code areas
designated in §B(54) of this regulation;
(c) Maryland ZIP code areas physically contiguous to any of the
ZIP codes designated in §B(54) of this regulation that provided 50 percent or
more of their discharges to the hospital in the most recent 12-month period;
and
(d) For a merged asset system, the ZIP code areas that are
tabulated separately for each hospital, and all ZIP code areas identified for
each hospital which are included in the primary service area of the merged
asset system.
(55) Public Obligation.
(a) “Public obligation” means a bond, note, evidence of indebtedness,
or other obligation to repay borrowed money issued by:
(i) The Maryland Health and Higher Educational Facilities
Authority;
(ii) The State, or any agency, instrumentality, or public
corporation of the State;
(iii) A governmental entity described in Local Government
Article, §19-205(a), Annotated Code of Maryland;
(iv) The Mayor and City Council of Baltimore; or
(v) A municipal corporation.
(b) “Public obligation” does not include an obligation, or
portion of an obligation, if:
(i) The principal of and interest on the obligation or the
portion of the obligation is insured by an effective municipal bond insurance
policy and issued on behalf of a hospital that voluntarily closed in accordance
with Health-General Article, §19-120(l); and
(ii) The proceeds of the obligation or the portion of the
obligation are used to finance wholly or partly a facility or part of a
facility that is used primarily to provide outpatient services at a location
other than the hospital or that is used primarily by physicians who are not
employees of the hospital to provide services to nonhospital patients.
(56) “Regional health system” means a hospital whose primary or
secondary service area cover multiple jurisdictions.
(57) “Rehabilitation facility” means an inpatient facility that:
(a) Is organized for the primary purpose of assisting in the
rehabilitation of persons with disabilities through an integrated program of
medical and other services, which are provided under competent professional
supervision;
(b) Is licensed as a special rehabilitation hospital; and
(c) Complies with the regulations adopted by the Secretary under
Health-General Article, Title 19, Subtitle 3, Annotated Code of Maryland.
(58) “Religious order” means an incorporated, not-for-profit
organization:
(a) That is owned or is wholly operated by an entity founded and
operating for the sole purpose of carrying out religious precepts; and
(b) Whose members have taken the vows required by the order and
have devoted their lives to religious service, to the exclusion of lay life and
activities.
(59) “Residential treatment center” has the meaning stated in
Health-General Article, §19-301(p), Annotated Code of Maryland.
(60) “Reviewer” means one Commissioner, appointed by the
Executive Director of the Commission, who:
(a) Evaluates a Certificate of Need application;
(b) Prepares a proposed decision for the consideration of the
full Commission; and
(c) Serves as presiding officer at an evidentiary hearing on an
application or applications.
(61) “Secretary” means the Secretary of Health.
(62) “Service area” means the geographic area from which a
health care facility or provider draws its patients. Unless otherwise specified
in a relevant State Health Plan chapter, service area means the zip code areas
from which the greatest number of patients reside, which, when ordered from
largest to smallest, comprise the top 85 percent of patients who receive a
specific service at a health care facility for the most recent 12-month period
of data available.
(63) “State Health Plan” means the State Health Plan for
Facilities and Services and its modifications or additions, adopted by the
Commission pursuant to Health-General Article, §19-118, Annotated Code of
Maryland.
.02 Coverage.
A. Except as provided in Regulations .03—.05 of this chapter or
as otherwise provided by law, a CON is required before:
(1) A new health care facility is built, developed, or
established;
(2) An existing health care facility is moved to another site,
unless the relocation is:
(a) The result of a partial or complete replacement of an
existing hospital or related institution, as defined in Health-General Article,
§19-301, Annotated Code of Maryland, and is to another part of the site or
immediately adjacent to the site of the existing hospital or related
institution;
(b) Of an existing health care facility owned or controlled by a
merged asset system, subject to the provisions of Regulations .03E or .04A(2)
of this chapter, whichever is applicable; or
(c) By a hospital converting to a limited service hospital,
subject to the provisions of Regulation .04A(4) of this chapter, and is to a
site within the immediate area, as determined by the Commission, as described
in §B of this regulation;
(3) The bed capacity of a health care facility is changed;
(4) The type or scope of any health care service offered by a
health care facility is changed, and the change:
(a) Establishes a new medical service;
(b) Establishes a new cardiac surgery, organ transplant surgery,
burn treatment, or neonatal intensive care program;
(c) Establishes a new home health agency, general hospice care
program, or ambulatory surgical facility;
(d) Builds or expands surgical capacity in a hospital,
freestanding medical facility subject to rate regulation by the Health Services
Cost Review Commission, or ambulatory surgical facility;
(e) Results in:
(i) The establishment of a new parent home health agency; or
(ii) The expansion of an existing home health agency into a
jurisdiction in which it was not previously authorized by the Commission to
operate;
(f) Eliminates an existing medical service; or
(g) Closes an existing health care facility or converts it to a
non-health-related use; or
(5) A hospital makes a capital expenditure, as defined in
Health-General Article, §19-120(k), Annotated Code of Maryland, and in this
chapter, that exceeds the hospital capital threshold, including a capital
expenditure:
(a) For the relocation of an existing health care facility owned
or controlled by a merged asset system, except as provided in Regulation .03E
of this chapter; and
(b) By a relocated health care facility to permit the facility
to offer a new health care service for which CON is otherwise required.
B. Definition of Immediate Area for Limited Service Hospital
Conversion.
(1) For the purpose of §A(2)(c) of this regulation, “immediate
area” means a location on the site of the existing hospital, or on an adjacent
site.
(2) A hospital may provide evidence as to why the Commission
should approve a site for a limited service hospital beyond the immediate area
of the converting hospital.
(3) The Commission may not approve a site for a limited service
hospital unless the site is within:
(a) A 5-mile radius of the site of the hospital proposing the
conversion; and
(b) Its primary service area.
C. A person may not divide a project into component parts except
as permitted by this chapter. Commission staff shall issue a determination
regarding whether two or more apparently individual projects actually represent
component parts of a single project, considering, among other things, the
timing of the projects, the functional areas of a facility to be affected, the
number of construction contracts entered into, and whether expenditures under
one contract depend upon the completion of a prior contract.
D. Proposed Change After Acquisition. If a person acquires an
existing health care facility or service without a CON, in accordance with
Regulation .03 of this chapter, and proposes to change the health care services
it provides or its bed capacity, the proposed change requires review and
approval in accordance with §A of this regulation.
E. A health maintenance organization, or health care facility
that either controls, directly or indirectly, or is controlled by an HMO or a
group of HMOs, shall obtain a CON before it builds, develops, operates, or
participates in building, developing, or operating:
(1) A hospital; or
(2) Any other health care project for which a CON is required
under §A of this regulation, unless at least 90 percent of the patients who
will receive health care services from the project will be individuals enrolled
in that health maintenance organization.
.03 Non-Coverage by Certificate of Need or Other Commission
Approval.
A. Acquisition of an Existing Health Care Facility.
(1) At least 30 days before closing on a contract to acquire a
health care facility, the person acquiring the facility shall notify the
Commission in writing, with a copy to the local health officer in each affected
jurisdiction and the appropriate State licensing agency, of the intent to
acquire the facility, and include the following information:
(a) The health care services provided by the facility;
(b) The bed capacity, or jurisdiction served, if a
community-based service;
(c) Complete organizational charts that describe the ownership
of the health care facility prior to and after the proposed acquisition; and
(d) Any other information required by this chapter, by the State
Health Plan chapter applicable to the health care facility, or requested by
Commission staff.
(2) Deemed Approval.
(a) Except for acquisitions of a comprehensive care facility
established under §I of this regulation, CON review is not required if
Commission staff does not issue either a determination of coverage or notice
that timely or complete notice was not received within 60 days of receipt of a
notice from the person acquiring the health care facility.
(b) Upon request, Commission staff shall provide written
confirmation that an acquisition was deemed approved under this regulation.
(3) Commission staff’s determination that CON or other
Commission review is not required remains valid for 180 days from its issuance.
A new determination of coverage shall be required if the acquisition is not
completed within that time period.
(4) If the acquisition is completed, the buyer shall sign a
notice of completion of acquisition and file it with the Commission within 15
days of the completion of the acquisition.
B. Acquisition of a Comprehensive Care Facility, Home Health
Agency, or Hospice.
(1) In addition to providing the information required in §A of
this regulation, a person seeking to acquire a comprehensive care facility,
home health agency, or hospice shall:
(a) Identify each person with an ownership interest in the
acquiring entity or a related or affiliated entity, including
(i) The percentage of ownership interest of each such person;
and
(ii) The history of each such person’s experience in ownership
or operation of health care facilities;
(b) Provide information on corporate structure and affiliations
of the acquirer, purchase price, source of funds, and other relevant data as
requested;
(c) Affirm that the services provided will not change as a
result of the proposed acquisition and that its commitment to Medicaid
participation, if any, will not decrease as a result of the proposed
acquisition; and
(d) Affirm under penalties of perjury, that within the last 10
years no owner or former owner of the purchaser, or member of senior management
or management organization, or a current or former owner or senior manager of
any related or affiliated entity has been convicted of a felony or crime, or
pleaded guilty, nolo contendere, entered a best interest plea of guilty,
received a diversionary disposition regarding a felony or crime, and that the
purchaser or a related or affiliated entity has not paid a civil penalty in
excess of $10 million dollars that relates to the ownership or management of a
health care facility.
(2) Disqualification for Acquisition. A comprehensive care
facility, home health agency, or hospice may not be acquired by an entity if an
owner or member of senior management or an owner or member of senior management
of a related or affiliated entity of the acquiring entity has been convicted of
a felony or crime or pleaded guilty, nolo contendere, entered a best interest
plea of guilty, or received a diversionary disposition regarding a felony or
crime within the last 10 years, unless:
(a) All of the individuals involved in the fraud or abuse are no
longer associated with the entity or any of its related or affiliated entities;
(b) Each entity has fully complied with each applicable plan of
correction; and
(c) If applicable, each entity has fully complied with each
condition of the imposition of a civil penalty or agreed disposition.
(3) In an acquisition of a home health agency or hospice, the
purchaser may only acquire the authority to provide services in jurisdictions
for which the facility being acquired was granted a CON or is otherwise
recognized by the Commission as having legal authorization.
C. Closure of a Health Care Facility.
(1) A CON is not required to close a health care facility or
part of a health care facility, including a State hospital, if it provides
notice to the Commission at least 90 days prior to the closing or 45 days prior
to the partial closing and complies with the provisions of §C(2)—(4) of this
regulation, if applicable.
(2) An acute general hospital shall hold a public informational
hearing in accordance with Regulation .04D of this chapter if the hospital:
(a) Files a notice of the proposed closing of the hospital with
the Commission; or
(b) Is located in a jurisdiction with fewer than three acute
general hospitals and files a notice of the partial closing of the hospital.
(3) The Commission may require a health care facility not
covered by §C(2) of this regulation to hold a public information hearing in
accordance with Regulation .04D of this chapter.
(4) If a hospital that intends to close has outstanding public
obligations issued on its behalf, written notice of its intended closing shall
be given to the Maryland Health and Higher Educational Facilities Authority and
the Health Services Cost Review Commission by the:
(a) Commission, within 5 days after receiving a written
notification by the hospital of its intended closure;
(b) Hospital, within 10 days of filing with the Commission its
written notification of its intended closure, along with a written statement of
all public obligations issued on behalf of the hospital that provides the information
required by Economic Development Article, §10-346(a)(2), Annotated Code of
Maryland; and
(c) Commission, that the hospital held a public informational
hearing in consultation with the Commission in the jurisdiction where the
hospital is located.
D. Temporary Delicensure or Suspension of Bed Capacity, Health
Care Facility, or CON-Approved Service.
(1) A temporary delicensure of licensed bed capacity or a
licensed and operating health care facility or a temporary suspension of a
CON-approved service does not require CON review, and the Commission will
retain the bed capacity or health care facility on its inventory or permit the
reimplementation of the CON-approved service without obtaining a CON for up to 1
year, if the owner or licensed operator:
(a) Provides written notice to the Commission at least 30 days
before the proposed temporary delicensure or temporary service suspension;
(b) Identifies good cause for the proposed temporary delicensure
or temporary service suspension;
(c) States the intention either to bring the bed capacity back
onto the facility's license or relicense the health care facility or
reimplement the CON-approved service at the end of the 1-year period, or to
notify the Commission that it intends to take another of the actions permitted
under this subsection; and
(d) Has received authorization from the Executive Director for
the temporary delicensure or temporary service suspension.
(2) Bed capacity or a facility that has been authorized by the
Commission to be temporarily delicensed or a CON-approved service that has been
authorized by the Commission to be temporarily suspended is not subject to the
provisions of this section:
(a) During the pendency at the Commission of a letter of intent
to apply or an application for CON approval involving the temporarily
delicensed bed capacity or facility or the temporarily suspended CON-approved
service;
(b) If the Commission has issued a Certificate of Need to
reimplement the facility's temporarily delicensed bed capacity or the
facility’s temporarily suspended CON-approved service;
(c) If the Commission has approved a request pursuant to
Regulation .03 or .04 of this chapter to reimplement the bed capacity, facility
or CON-approved service, and has determined that the bed capacity, facility, or
CON-approved service may be reimplemented without a CON or other Commission
approval, including but not limited to actions that may be undertaken by a
merged asset system of which the facility is a member;
(d) If the Commission receives a notice of acquisition of the
temporarily delicensed bed capacity or facility and the buyer and seller timely
complete the acquisition, in accordance with Regulation .03 of this chapter; or
(e) If the Commission receives written notification that the
owner or operator of the temporarily delicensed bed capacity or facility has
applied for relicensure or reimplementation of the temporarily suspended
CON-approved service.
(3) The requirements and procedures in this subsection do not
apply to:
(a) A proposal to close, on either a temporary or a permanent
basis:
(i) An acute general hospital or part of a hospital, including a
medical service, in a jurisdiction with fewer than three acute general
hospitals; or
(ii) A health care facility that provides any medical service approved
by the Commission as a regional or Statewide health resource; or
(b) A temporary interruption of a CON-approved service that does
not exceed 30 days.
(4) This section does not substitute any notice or approvals
that may be required from another body that regulates the bed capacity, health
care facility, or CON-approved service.
(5) A health care facility may not request authorization by the
Commission to temporarily delicense bed capacity or the entire health care
facility or to temporarily suspend a CON-approved service more than one time in
a 1-year period.
(6) No fewer than 30 days before the end of the 1-year or other
applicable period, a health care facility that has temporarily delicensed bed
capacity or its entire facility or has temporarily suspended a CON-approved
service shall notify the Commission that, before the end of the 1-year or other
applicable period, it will:
(a) Apply to relicense the bed capacity or the entire facility
temporarily delicensed or reimplement the CON-approved service temporarily
suspended pursuant to this subsection;
(b) Submit and receive the Executive Director's approval of a
specific plan for the relicensure of the bed capacity or facility or for the
reimplementation of the temporarily suspended CON-approved service, that:
(i) Imposes stated time frames by which steps toward the
relicensure of the bed capacity or facility or reimplementation of the service
will be accomplished, or the bed capacity, facility, or service will be deemed
abandoned; and
(ii) May be revised upon a proposal by the owner or operator,
with the approval of the Executive Director;
(c) File a letter of intent, followed within 60 days by a
Certificate of Need application, or request the applicable level of Commission
action pursuant to Regulations .03 and .04 of this chapter, for the relocation
of the bed capacity or facility, or for a capital expenditure deemed necessary
to relicense the temporarily delicensed beds or facility or necessary to
reimplement the temporarily suspended CON-approved service;
(d) Execute a binding contract to transfer ownership of the
health care facility, if the requirements of §A of this regulation are met;
(e) Execute a binding contract to transfer ownership of the
previously licensed bed capacity, contingent on the filing within 90 days for
those filings not subject to a published review cycle or upon the Commission’s
next published review schedule of a letter of intent to apply for CON approval,
or other applicable level of Commission action pursuant to Regulations .03 and
.04 of this chapter if required, to relocate the bed capacity; or
(f) Relinquish the bed capacity or the authorization to provide
the CON-approved service, or seek the appropriate Commission approval to
delicense and permanently close the health care facility.
(7) The Executive Director may extend the period of a temporary
delicensure or temporary service suspension under this subsection beyond 1 year
for good cause.
(8) An application for a CON to reimplement at another location
any previously operating bed capacity that has not operated for 2 or more years
shall demonstrate that the bed capacity is needed in the jurisdiction.
(9) If, at the end of the 1-year period or other time period
permitted under this section, the requirements of §C(5) or (7) of this
regulation have not been met, no request for an extension of time has been
granted pursuant to §C(6) of this regulation, and the previously delicensed bed
capacity or facility has not been relicensed or the previously suspend service
has not been reimplemented, the bed capacity, health care facility, or service
is deemed abandoned by its owner or operator.
E. A CON is not required to relocate an existing health care facility
owned or controlled by a merged asset system, if:
(1) The proposed relocation is not across jurisdictional
boundaries and is to a site in:
(a) The primary service area of the hospital to be relocated; or
(b) The service area of the non-hospital health care facility to
be relocated;
(2) At least 45 days before the proposed relocation, notice is
filed with the Commission, which will publish notice of the proposed relocation
in the Maryland Register and a newspaper of general circulation in the affected
area; and
(3) The relocation of the existing health care facility does
not:
(a) Change the type or scope of health care services offered;
and
(b) In the case of a hospital, require a capital expenditure
that exceeds the hospital capital threshold, except as provided in §J of this
regulation.
F. Change in Bed Capacity.
(1) A CON is not required to increase or decrease bed capacity
if:
(a) For a health care facility that is not an acute general
hospital, the change does not exceed ten beds or 10 percent of the facility’s
total bed capacity, whichever is less, and the facility’s licensed bed capacity
has not changed in the preceding 2 years;
(b) For a special rehabilitation hospital or a residential
treatment center, the change does not exceed ten beds or 40 percent of its
current bed capacity, whichever is less, and the facility’s licensed bed
capacity has not changed in the preceding 2 years;
(c) For an acute general hospital located in a jurisdiction with
three or more acute general hospitals, the change:
(i) Is between hospitals in a merged asset system located within
the same health planning region;
(ii) Does not involve comprehensive care or extended care beds;
(iii) Does not occur earlier than 45 days after a notice of
intent to reallocate bed capacity is filed with the Commission; and
(iv) Does not create a new health care service through the
relocation of beds from one jurisdiction to another jurisdiction pursuant to
this subsection;
(d) The change in bed capacity is the result of the annual
recalculation of licensed bed capacity in acute general hospitals provided for
under Health-General Article, §19-307.2, Annotated Code of Maryland;
(e) For an existing medical service provided by an acute general
hospital:
(i) The total bed capacity of the hospital does not increase;
(ii) The change is maintained for at least a 1-year period,
unless modified pursuant to CON or exemption from CON, or as a result of the
annual recalculation of hospital licensed bed capacity required at
Health-General Article, §19-307.2, Annotated Code of Maryland; and
(iii) The hospital notifies the Commission at least 45 days
before the proposed change in bed capacity of its medical services; or
(f) At least 45 days before increasing or decreasing bed
capacity, written notice of the intent to change bed capacity is filed with the
Commission, and the increase or decrease in bed capacity will occur in:
(i) An existing general hospice that has a current license
issued by the Secretary and involves an increase in bed capacity for the
provision of inpatient hospice care under the facility’s current license; or
(ii) An existing intermediate care facility that offers
residential or intensive substance-related disorder treatment services for
withdrawal management and treatment under the facility’s current license issued
by the Secretary.
(2) Except as otherwise provided in this regulation, a CON is
not required to decrease bed capacity at a health care facility if at least 45
days before decreasing bed capacity, written notice of the intent to change bed
capacity is filed with the Commission.
G. A CON is not required for a non-hospital health care facility
project by a health maintenance organization if:
(1) At least 90 percent of the patients who will receive health
care services from the facility are enrolled in the health maintenance
organization;
(2) The health maintenance organization requests a determination
of coverage from Commission staff that describes its proposed project,
including its street address, and the health care service to be provided; and
(3) Commission staff issues a determination that CON or other
Commission review is not required.
H. A home health agency is not required to obtain a CON to open
a branch office, as defined by the Centers for Medicare and Medicaid Services
at 42 CFR §484.2, although notice to the Commission is required.
I. Religious Orders.
(1) A CON is not required before a religious order seeks
licensure to operate a comprehensive care facility for the exclusive use of
members of that religious order, provided that the religious order seeks and
receives a determination of coverage from Commission staff that a CON is not
required.
(2) The request for a determination of coverage shall provide
the following:
(a) The name and address of the facility;
(b) The number of beds in the facility;
(c) The name of the religious order that will own and operate
the facility;
(d) An affirmation that the facility will be owned and operated
by the religious order for the exclusive use of its members; and
(e) Agreement to participate in the Maryland Long-Term Care
Survey, authorized by COMAR 10.24.03.
(3) Commission staff shall issue a determination that either CON
review is not required, with or without conditions, or that CON review is
required for stated reasons.
J. Hospital Capital Expenditures in Excess of the Hospital
Capital Threshold.
(1) A CON is not required by a hospital before it obligates an
amount exceeding the hospital capital threshold for capital expenditures for
physical plant construction or renovation, or before it receives a donated
physical plant whose appraised value exceeds the hospital capital threshold,
under the following circumstances:
(a) The capital expenditure may be related to patient care.
(b) The capital expenditure does not require, over the entire
period or schedule of debt service associated with the project or plant, a
total cumulative increase in patient charges or hospital rates of more than
$1,500,000 for the capital costs associated with the project.
(c) At least 45 days before an obligation is made or the
physical plant is donated, the hospital provides notice to the Commission and
to the Health Services Cost Review Commission, in the form of a written request
for determination of coverage, as provided in Regulation .14A of this chapter,
which shall contain the following information:
(i) A description of the proposed capital project, including
whether it involves new construction, renovation of or additions to the
existing physical plant, or the donation of a physical plant, with any
necessary adaptations;
(ii) The total capital costs associated with the project;
(iii) The sources and uses of funds to be applied to the
project, including hospital equity contributions, if applicable, as documented
by audited financial statements of the hospital and relevant subsidiary
corporations, if any, from which funds are to be taken;
(iv) A description of the financing arrangement, if applicable,
for the proposed project, including the debt service schedule; and
(v) A statement by one or more persons authorized to represent
the hospital that the hospital does not require a total cumulative increase in
patient charges or hospital rates of more than $1,500,000 for the capital costs
associated with the project.
(2) After consultation with the Health Services Cost Review
Commission, the Commission shall issue a determination whether CON review is
required within 45 days after it receives the information specified in this
section. If Commission staff does not issue a determination within 60 days of
receipt of all relevant financial information by the Commission and by the
Health Services Cost Review Commission, the Commission is considered to have
issued a determination that approval of the capital expenditure is not required
by the Commission or by the Health Services Cost Review Commission.
(3) Commission staff shall issue a determination that either CON
review is not required, with or without conditions, or that CON review is
required for stated reasons.
K. Continuation of Specific Exception from Certificate of Need
for Continuing Care Retirement Communities.
(1) A comprehensive care facility on the campus of a continuing
care retirement community is excepted from CON review, provided that the
requirements of Health-General Article, §19-114(d)(2)(ii)(1), Annotated Code of
Maryland, and this chapter are met, and that the number of comprehensive care
beds located on the campus of the continuing care retirement community does not
exceed:
(a) 20 percent of the number of independent living units at a
continuing care retirement community that has 300 or more independent living
units; or
(b) 24 percent of the number of independent living units at a
continuing care retirement community that has fewer than 300 independent living
units.
(2) Limited Direct Admission. Notwithstanding the provisions of
Health-General Article, §19-114(d)(2)(ii), Annotated Code of Maryland, a
continuing care retirement community does not lose its exception from CON when
the continuing care community admits an individual directly to a comprehensive
care facility within the continuing care community under either of the
following circumstances:
(a) Two individuals having a long-term significant relationship
are admitted together to a continuing care retirement community and:
(i) The admission occurs after October 1, 1999;
(ii) The admission includes spouses, two relatives, or two
individuals having a long-term significant relationship, as defined in
Regulation .01B of this chapter and supported by documentary proof in existence
for at least 1 year before application to the continuing care retirement community,
admitted at the same time, under a joint contract, who are jointly responsible
for expenses incurred under the joint contract; and
(iii) One of the individuals admitted under the joint contract
will reside in an independent living unit or an assisted living unit; or
(b) An individual is admitted directly into a comprehensive care
bed at a continuing care retirement community and:
(i) The individual must have executed a continuing care
agreement and must have paid entrance fees that are at least equal to the
lowest entrance fee charged by the continuing care retirement community for its
independent or assisted living units;
(ii) The individual must pay the entrance fee by the same
method, terms of payment, and time frame as a person who immediately assumes
residence in an independent or assisted living unit at that continuing care
retirement community; and
(iii) The individual admitted to the comprehensive care bed must
have the potential for eventual transfer to an independent living unit or
assisted living unit at that continuing care retirement community, as
determined by the subscriber's personal physician, as defined in Regulation
.01B of this chapter.
(3) Under §K(2)(b)(iii) of this regulation, an individual is
deemed not to have potential for eventual transfer to an independent living
unit or assisted living unit if the individual can qualify for hospice services
under federal Medicare regulations or if the individual has an irreversible
condition that would make it unlikely that the individual could transfer to an
independent living unit or assisted living unit at the continuing care
retirement community. Irreversible conditions include quadriplegia, ventilator
dependence, and any end-stage condition.
(4) The total number of comprehensive care beds occupied by
individuals who are directly admitted to comprehensive care beds pursuant to
§K(2)(b) of this regulation may not exceed 20 percent of the total number of
licensed and available comprehensive care beds at the continuing care
retirement community.
(5) The admission of the individual directly into the
comprehensive care bed pursuant to §K(2)(b) of this regulation may not cause
the occupancy of the comprehensive care facility at the continuing care
retirement community to exceed 95 percent of its current licensed capacity.
(6) The comprehensive care facility at the continuing care
retirement community shall maintain an attestation by the individual's personal
physician that the individual has the potential for eventual transfer to an independent
living unit or an assisted living unit.
(7) The nursing home administrator of the comprehensive care
facility at each continuing care retirement community who admits an individual
directly to a comprehensive care bed pursuant to §K(2)(b) of this regulation
shall maintain information, in a format specified by the Commission, about each
admission in the format required by the Commission and encrypted by the
continuing care retirement community so that the individual's identity will not
be disclosed. The forms shall be maintained by the nursing home administrator,
to be provided to Commission staff upon its request, and shall include:
(a) The number and utilization of licensed comprehensive care
beds excluded from Certificate of Need requirements at the continuing care
retirement community;
(b) The admission source of each individual admitted pursuant to
§K(2)(b) of this regulation to a comprehensive care bed excluded from
Certificate of Need requirements at the continuing care retirement community;
(c) For an individual admitted pursuant to §K(2)(b) of this
regulation, the amount of and terms of payment for the entrance fee;
(d) The dates of admission and discharge of each individual
admitted pursuant to §K(2)(b) of this regulation;
(e) The site to which an individual directly admitted pursuant
to §K(2)(b) of this regulation is discharged; and
(f) Any other information as required by Commission staff.
.04 Exemption from Certificate of Need Review.
A. The Commission may exempt from the requirement of CON review
and approval the following actions:
(1) Merger or consolidation of two or more hospitals or other
health care facilities, if the facilities or an organization that operates the
facilities give the Commission 45 days written notice of their intent to merge
or consolidate;
(2) Relocation of an existing health care facility owned or
controlled by a merged asset system, if:
(a) The relocation is to a site outside the primary service area
of the health care facility to be relocated but within the primary service area
of the merged asset system; and
(b) The relocation of the existing health care facility does
not:
(i) Change the type or scope of health care services offered;
and
(ii) Require a capital expenditure for its construction that
exceeds the capital review threshold, adjusted for inflation, except as
provided by Regulation .03J of this chapter;
(3) A change in the bed capacity of an existing health care
facility pursuant to the consolidation or merger of two or more health care
facilities, or conversion of a health care facility or part of a health care
facility to a non-health-related use, except as provided in Regulation .03F of
this chapter;
(4) A change in the type or scope of the health care services
offered by a health care facility, if, at least 45 days before increasing or
decreasing the volume of one or more health care services, the Commission finds
that the proposed change is pursuant to the:
(a) Consolidation or merger of two or more health care
facilities;
(b) Conversion of all or part of a health care facility to a
non-health-related use; or
(c) Conversion of a hospital to a limited service hospital;
(5) A capital expenditure that exceeds the review threshold for
capital expenditure made as part of a consolidation or merger of two or more
health care facilities, or conversion of a health care facility or part of a
health care facility to a non-health-related use; or
(6) The establishment of a freestanding medical facility through
the conversion of an acute general hospital, as provided in §F of this
regulation and in COMAR 10.24.19.04C.
B. Unless otherwise provided in this chapter for a specific type
of health care facility, complete notice of intent to seek exemption from CON
review shall be filed with the Commission at least 45 days before the intended
action, and shall include:
(1) The name and location of each affected health care facility;
(2) A general description of the proposed project including, in
the case of mergers and consolidations, any proposed:
(a) Conversion, expansion, relocation, or reduction of one or
more health care services;
(b) Renovation of existing facilities;
(c) New construction;
(d) Relocation or reconfiguration of existing medical services;
or
(e) Change in bed capacity at each affected facility;
(3) The scheduled date of the project's completion;
(4) Identification of each outstanding public obligation;
(5) Information demonstrating that the project:
(a) Is not inconsistent with the State Health Plan;
(b) Will result in the delivery of more efficient and effective
delivery of health care services; and
(c) Is in the public interest; and
(6) Any other information, analyses, or other requirements
established in State Health Plan regulation for requests seeking exemption from
CON review.
C. Notice by the Commission to the Public, Elected Officials,
and Other State Agencies.
(1) Within 5 days after it receives a complete Notice of Intent
from a health care facility seeking exemption from CON review, the Commission
shall publish notice of its receipt:
(a) In at least one newspaper of general circulation in the
affected area;
(b) In the next available issue of the Maryland Register; and
(c) On the Commission’s website.
(2) The Commission shall mail the same notice to elected public
officials in whose district or jurisdiction the exemption from CON review is
proposed.
(3) The Commission shall solicit comment from the affected
public, in evaluating whether the action or project proposed for exemption from
CON review is in the public interest.
D. Public Informational Hearing.
(1) An acute general hospital shall hold a public informational
hearing in the jurisdiction where it is located within 30 days after it has
filed with the Commission notice of its intent to:
(a) Close;
(b) Partially close, if the hospital is located in a
jurisdiction with fewer than three acute general hospitals; or
(c) Convert to a limited service hospital or freestanding
medical facility.
(2) Before holding the public informational hearing, the
hospital shall consult with the Commission, to ensure that:
(a) Within 5 days of notifying the Commission of its intent to
close, partially close, or convert, the hospital has provided public notice of
the proposed closure or conversion and of the time and location of the required
public informational hearing and how the public can electronically obtain
additional information, including publication in at least one newspaper of
general circulation in the affected area; and
(b) The public hearing will address the information required by
§D(3) of this regulation.
(3) Requirements for a Public Informational Hearing.
(a) The acute general hospital proposing to close, partially
close, or convert to a limited service hospital or freestanding medical
facility shall hold a public informational hearing at the hospital or if that
is not feasible at a public meeting area near the hospital.
(b) The hospital shall post a notice of the public informational
hearing in public areas of its facility and on the landing page of its website.
(c) The hospital shall identify to the public the names of the
senior management and Board of Directors attending the meeting.
(d) The hospital shall present at least the following
information at the public informational hearing:
(i) The reasons for the closure, partial closure, or conversion;
(ii) The plan for transitioning acute care services previously
provided by the hospital to residents of the hospital service area;
(iii) The plan for addressing the health care needs of the
residents of the hospital service area;
(iv) The plan for retraining and placing displaced employees;
(v) The plan for the hospital’s physical plant and site; and
(vi) The proposed timeline for the closure, partial closure, or
conversion to a freestanding medical facility.
(e) The public informational hearing shall be recorded.
(f) Within 10 business days after the public informational
hearing, the hospital shall make available on its website a recording of the
public informational meeting and provide a written summary of the hearing,
which shall also be provided to:
(i) The Governor;
(ii) The Secretary;
(iii) The governing body of the jurisdiction in which the
hospital is located;
(iv) The local health department and the local board of health
or similar body for the jurisdiction in which the hospital is located;
(v) The Commission; and
(vi) Subject to State Government Article, §2-1257, Annotated
Code of Maryland, the Senate Finance Committee, the House Health and Government
Operations Committee, and the members of the General Assembly who represent the
district in which the hospital is located.
E. Commission Action.
(1) Unless otherwise provided in this chapter for a specific
type of health care facility, the Commission shall issue an exemption from CON
review to the health care facility or the merged asset system seeking this
determination within 45 days after it receives the notice of intent required by
§B of this regulation, if:
(a) The facility or system has provided the information required
by the notice of intent, and has held a public informational hearing if
required by §D of this regulation; and
(b) The Commission, in its sole discretion, finds that the
action proposed:
(i) Is not inconsistent with the State Health Plan or an
institution-specific plan developed by the Commission under Health-General Article,
§19-119, Annotated Code of Maryland;
(ii) Will result in more efficient and effective delivery of
health care services; and
(iii) Is in the public interest.
(2) For any project that the Commission may exempt from CON
review under §A of this regulation, for which a final Commission decision has
not been issued within 45 days after it receives a complete notice of intent as
required by §B of this regulation, Commission staff shall provide a status
report at the next Commission meeting and any subsequent Commission meeting
stating the reasons for the delay and the expected time frame for issuing its
final decision.
(3) CON review is not required and the exemption request shall
be deemed approved for any project which the Commission may exempt from CON
review under §A of this regulation if final action by the Commission does not
occur within 90 days after the facility or system has provided complete notice
of intent as required by §B of this regulation and has held a public hearing if
required by §D of this regulation.
(4) Upon request, Commission staff shall provide written
confirmation that an exemption request has been deemed approved in accordance
with §E(3) of this regulation.
F. Freestanding Medical Facility.
(1) In accordance with COMAR 10.24.19.04C and this regulation,
the Commission may exempt from CON review the establishment of a freestanding
medical facility as a result of a conversion from a licensed acute general
hospital.
(2) At least 60 days before the conversion, written notice of
intent to convert the licensed general hospital to a freestanding medical
facility shall be filed with the Commission in accordance with COMAR
10.24.19.04C.
(3) Provided that all the requirements of this regulation and
COMAR 10.24.19.04C are met, the Commission shall grant the exemption if it
finds, in its sole discretion, that the conversion:
(a) Is consistent with the State Health Plan;
(b) Will result in the delivery of more efficient and effective
health care services;
(c) Will maintain adequate and appropriate delivery of emergency
care within the statewide emergency medical services system as determined by
the State Emergency Medical Services Board; and
(d) Is in the public interest.
(4) The Commission may approve, approve with conditions, or deny
the requested exemption.
(5) Failure to maintain compliance with conditions on an
exemption or with the time frame for completion of the conversion may result in
withdrawal of the exemption issued by the Commission in accordance with
Regulation .12 of this chapter. An exemption holder may request approval of a
reasonable modification to the conversion timeline in accordance with
Regulation .12A(4) of this chapter.
.05 Ambulatory Surgery Centers: Determination of Coverage and
Data Reporting.
A. Determination of Coverage.
(1) A CON is not required for an ambulatory surgery center.
(2) A person shall obtain a determination of coverage from the
Commission before:
(a) Establishing a new ambulatory surgery center;
(b) Adding a new operating room or any other rooms in which
procedures are performed to an existing ambulatory surgery center; or
(c) Making any change in the information provided for initial
determination of coverage.
(3) Change in Location. A determination of coverage for an
ambulatory surgery center is issued only for the exact address specified in the
determination. A change in address or in the layout of the center before it is
built, developed, or established requires a new determination of coverage.
(4) Change in Ownership. A determination of coverage regarding
an ambulatory surgery center is issued only for the person specified in the
determination. If the principal owner or a majority of other owners of an
existing ambulatory surgery center is expected to change, a request for a new
determination of coverage shall be filed and include:
(a) A complete list of the existing owners and the
post-transaction owners; and
(b) An attestation by the ambulatory surgery center that,
subsequent to the issuance of the original determination of coverage, no
changes have been made and that, as a result of the planned change in
ownership, no changes will be made:
(i) To the physical plant or layout of the ambulatory surgery
center; or
(ii) In the surgical specialties provided.
(5) Expiration of Determination of Coverage. A determination of
coverage for a new ambulatory surgery center or for new capacity at an existing
ASC-P or ASC-1 may be issued and is effective for 2 years from the date of the
determination. If that capacity is not built or established within 2 years, the
determination of coverage is void.
(6) Notice. Before seeking to establish a new operating room or
any other rooms in which procedures are performed, or to make any change in the
information provided for initial determination of coverage, a person shall
provide notice to the Commission at least 45 days in advance that includes all
information required by COMAR 10.24.11.04A.
(7) For purposes of this regulation, all ambulatory surgery
centers that are located in the same building and that share any common
ownership or control shall be considered one entity, and their operating rooms
shall be considered together for purposes of determining coverage under
Regulation .02 of this chapter.
(8) Except as provided in this regulation or permitted in the
Certificate of Need or exemption criteria in the State Health Plan under COMAR
10.24.11, an ambulatory surgical facility or other entity primarily providing
ambulatory surgical services may not relocate beyond an adjacent site or expand
its number of operating rooms without obtaining a Certificate of Need.
(9) A CON is not required for ambulatory surgical services
provided as part of an office of one or more individuals licensed to practice
dentistry under Health-Occupations Article, Title 4, Annotated Code of Maryland,
for the purpose of practicing dentistry, if the ambulatory surgical facility is
not used in a medical practice other than dentistry.
B. Data Reporting and Annual Survey of Ambulatory Surgical
Centers, Facilities, and Providers.
(1) To provide information for the Commission's planning
purposes and to determine changes in circumstances and operation that may
affect coverage by CON requirements, each existing ambulatory surgery center,
facility, office, and provider that primarily provides ambulatory surgical
services shall annually provide to the Commission the information required by
COMAR 10.24.04.
(2) A person providing ambulatory surgical services who is
required to obtain a license under Health-General Article, §19-3B-02(a),
Annotated Code of Maryland, shall annually provide the required information on
a form provided by the Commission.
.06 Access to Information and Facilities.
To the extent permitted by law, an applicant shall provide
access to general information, records, plans and specifications, meetings,
sites, and facilities to Commission staff upon proper notice and as is
reasonable and necessary in the performance of the Commission's
responsibilities. The Commission may require other health care providers to
provide similar information.
.07 Preapplication Procedures.
A. Letter of Intent.
(1) A prospective applicant for a Certificate of Need shall
submit to the Center for Health Care Facilities Planning and Development a
brief letter of intent, with a copy to each local health department in the
health planning region. The Center for Health Care Facilities Planning and
Development shall formally log all letters of intent upon receipt.
(2) A prospective applicant identified in a letter of intent may
be the person or persons who will be the licensee. If the legal entity that
will be the licensee has not yet been formed or finalized at the time of filing
a letter of intent:
(a) A prospective applicant shall identify the intended
ownership and control of the licensee with the same level of specificity as
required in §A(3) of this regulation; and
(b) The legal entity that will be the licensee shall be formed
at the time of filing an application for a CON.
(3) The letter of intent shall include the following
information:
(a) The identity of each person on whose behalf the letter of
intent is filed, including:
(i) The name and address of each such person; and
(ii) In the case of a letter of intent filed on behalf of a
person that is not a natural person, the date the entity was formed, the
business address of the entity, and the identity and percentage of ownership of
all persons having an ownership interest of 5 percent or more in the entity;
(b) A description of the proposed project;
(c) The quantity and types of beds or health services involved;
and
(d) The specific location and each jurisdiction in which
services will be provided, according to the relevant planning region in the
State Health Plan for that facility or service.
(4) A letter of intent shall be submitted in accordance with the
published review schedule established by the Commission in accordance with
Regulation .08D of this chapter, but if no applicable review schedule has been
published, a letter of intent may be submitted at any time.
(5) Notice of the receipt of a letter of intent for a project
not subject to a published review schedule shall be placed in the Maryland
Register, and a 30-day period initiated for the submission of any other letters
of intent for comparable projects to be included in a comparative review.
(6) Upon docketing of an application, the letter of intent for
that project is no longer valid for purposes of comparative review.
(7) If a letter of intent is submitted for a proposed health
care project which might be comparable to a project application which has been
submitted but not yet docketed, the projects shall be given a comparative
review.
(8) Notwithstanding any other regulation in this chapter, no
letter of intent or application shall initiate a comparative review with an
earlier filed letter of intent or application if the earlier filed letter of
intent predates the later filed letter of intent by a period of more than 60
days, unless the Executive Director finds that the applicant in the earlier
filed matter has unreasonably delayed in the advancement of its application
through staff’s completeness review, and that good cause exists to review the
projects in comparative review.
(9) If a person submits a letter of intent for a proposed health
care project that might be comparable to an application which has already been
docketed, a comparative review may not be conducted.
(10) If an application for a CON is not filed in accordance with
Regulation .08A(1) of this chapter, the letter of intent is void.
(11) Letters of intent are subject to public inspection during
normal business hours.
B. Preapplication Conference. After the filing of a letter of
intent, an applicant may request that the Commission staff arrange a
preapplication conference to discuss:
(1) Commission procedures for reviewing the application or
applications;
(2) Information and data to be included in the application or
applications;
(3) The State Health Plan requirements that may affect the
project; and
(4) Other matters relevant to the filing and processing of the
application or applications.
C. The discussions in §B of this regulation are informal, and
statements at the meetings are not admissible as evidence at a Commission
proceeding.
.08 Procedure for Review of CON Applications.
A. Review Schedule.
(1) An application shall be submitted in accordance with the
published review schedule established by the Commission in accordance with
§D(1) of this regulation, but if no applicable review schedule has been
published, an application may be submitted at any time 60 days after the filing
of the letter of intent but no more than 180 days after the filing of the
letter of intent, unless a shorter period has been approved by the Executive
Director.
(2) In a case when need for additional service capacity is
projected, the Commission may not docket an application until it has made a
final decision on each previously docketed application for a comparable
project, unless the most recently published need projections or State Health
Plan would support the approval of both projects.
B. Submission of Application.
(1) An application for a CON shall be submitted to the
Commission's Center for Health Care Facilities Planning and Development in the
form and manner prescribed by the Commission.
(2) The application, and all information supplementing the
application, shall be signed by at least one principal of the applicant, who
shall sign a statement as follows: “I solemnly affirm under penalties of
perjury that the contents of the application (or the supplementary information)
are true to the best of my knowledge, information, and belief.”
C. Completeness Review and Docketing.
(1) Prior to docketing an application for review, Commission
staff shall review the application for completeness:
(a) Within 20 business days for projects involving the
establishment of a health care facility, the relocation of a health care
facility or the introduction by a hospital of cardiac surgery or organ
transplantation; and
(b) Within 15 business days for all other projects.
(2) Commission staff may schedule a conference with the
applicant within the completeness review period prescribed in §C(1) of this
regulation.
(3) Commission staff shall determine whether the application
contains all the information requested in the application. If staff determines
that the application is not complete, the staff shall make one written request
for additional information that specifies the information requested and the 15-business-day
deadline for the applicant to supply the requested information. For good cause,
staff may make one additional request for information, to which the applicant
shall have 10 business days to respond. Additional information may be requested
by staff beyond that required to make the application complete, which shall
also be subject to a time limit for the applicant to supply the requested
information.
(4) If Commission staff determines, based on staff’s review of
the application and any additional information provided in response to a staff
request for additional information, that the application is complete and
conforms with the applicable docketing rules in the State Health Plan, the
staff shall docket the application for review and publish notice of the
docketing on the next available publication date of the Maryland Register.
(5) If an applicant fails to supply the required information
within the specified time limit, staff may dismiss the application. Staff may,
at its discretion, extend the response time for an applicant in a
noncomparative review, or, with the consent of all applicants, for an applicant
in a comparative review, up to an additional 10 business days, or more upon a
demonstration of good cause for the additional extension.
(6) Commission staff or a reviewer may:
(a) Request information from the applicant supplementing an
otherwise complete application at any time during the review of an application;
and
(b) Set reasonable time limits for the applicant to supply the
requested information.
D. Notice to the Public.
(1) At least once each year, Commission staff shall publish in
the Maryland Register a schedule for conducting reviews of applications for
designated services by health planning region, as follows:
(a) The schedule shall include the status of applicable need
forecasts found in the State Health Plan or published elsewhere as required by
the State Health Plan for conducting the reviews of the designated services by
health planning region;
(b) The schedule shall establish application submission dates
not sooner than 3 months following the publication of the proposed schedule;
and
(c) The schedule shall identify scheduled reviews by health
planning region and shall state the dates for the receipt of letters of intent
and the submission of applications.
(2) Within 10 business days of receiving a complete application,
Commission staff shall request that the Maryland Register publish notice to the
public of the docketing of an application. The Commission shall also publish
notice in a newspaper of general circulation in the area of the proposed
project. Notices shall comply with State Government Article, §10-207, Annotated
Code of Maryland, and shall include:
(a) A citation to the Commission's enabling act and this
chapter, the name of the applicant, the matter or docket number, and a general
description of the project containing the information required in letters of
intent;
(b) An explanation that a person who meets the definition of
“interested party” in Regulation .01B of this chapter may become an interested
party to the review of this application by submitting written comments on the
application within 30 days of its docketing; and
(c) A statement that a person may request in writing that the
Commission advise them of further notices of the proceedings on the
application, and that any further notice of proceedings will only be sent to
persons who have submitted a written request.
(3) If an evidentiary hearing is held in accordance with Regulation
.11 of this chapter, the Commission shall provide notice to each person who has
requested to be apprised of further proceedings on the application.
E. Modifications to Letters of Intent and Applications.
(1) An applicant shall give written notice to the Center for
Health Care Facilities Planning and Development of any modifications to the
applicant's letter of intent before submitting an application.
(2) An application may be modified until the 45th day after
docketing. After the 45th day of docketing, an application may only be modified
as a result of a project status conference held pursuant to Regulation .09A(2)
of this chapter or upon a showing of good cause.
(3) If an application is modified:
(a) The Commission shall provide:
(i) Notice of the changes by a dated posting on the Commission's
website and in a newspaper of general circulation in the affected jurisdiction;
and
(ii) A 10-business-day period following the website posting for
comments on the changes; and
(b) Each applicant in the review will be deemed to have waived
the right to a final decision by the Commission within the statutorily
prescribed time.
(4) The following modifications to a proposed project require a
new Certificate of Need application:
(a) Changes in the fundamental nature of a proposed facility or
the medical services to be provided;
(b) Increases in the total bed capacity of a proposed facility;
or
(c) A change in the site of a proposed facility.
F. Comments by a Person Seeking Interested Party Status or by a
Participating Entity and Applicant's Response.
(1) Written Comments by a Person Seeking Interested Party
Status.
(a) A person seeking interested party status shall file written
comments on an application within 30 days of docketing.
(b) The comments shall include information sufficient to
establish interested party status, as defined in Regulation .01B of this
chapter.
(c) If a person seeking interested party status is opposing an
application, the comments shall state with particularity the State Health Plan
standards or the review criteria in §G of this regulation that the person
seeking interested party status believes have not been met by the applicant and
the reasons why the applicant does not meet those standards or criteria.
(d) Factual assertions made in comments by a person seeking
interested party status that are not included in the record shall be
accompanied by appropriate documentation and sworn affidavit.
(e) In a review with only one applicant, the comments shall be
25 pages or fewer, double-spaced, excluding attachments.
(f) In a comparative review, the comments shall be 35 pages or
fewer, double-spaced, excluding attachments.
(2) Written Comments by a Person Seeking Participating Entity
Status.
(a) A person seeking participating entity status shall file written
comments on an application within 30 days of docketing that:
(i) Include information that the participating entity wishes the
Commission to consider; and
(ii) State with particularity the State Health Plan standards or
review criteria in §G of this regulation that it believes have not been met by
the applicant, and the reasons why the applicant does not meet those standards
or criteria.
(b) A person granted participating entity status shall be copied
on Commission documents in the review of the application.
(c) A person granted participating entity status is not an
interested party and has no right to judicial review of a final Commission
decision.
(3) Response to Comments.
(a) An applicant is permitted to make one written filing
responding to all written comments on its application within 15 days of receipt
of those comments.
(b) The applicant’s response may not be more than 25 pages,
double-spaced, excluding attachments.
(c) In a comparative review, the applicant’s response may not be
more than 35 pages, double-spaced, excluding attachments.
(d) Factual assertions in an applicant's response that are not
included in the record shall be accompanied by appropriate documentation and
sworn affidavit.
G. Criteria for Review of Application.
(1) In a Certificate of Need review, the applicant carries the
burden of proving by a preponderance of the evidence that the project meets the
applicable criteria for review.
(2) In reviewing an application for a CON, the Commission shall
consider the applicant's submissions, the comments, if any, of interested
parties, participating entities, the local health department, and information
gathered during the Commission’s review of the application, to which each
applicant and interested party has been afforded the opportunity to respond. In
a comparative review the Commission shall award a CON to the applicant, or
applicants, that best meet the review criteria in §G(3) of this regulation.
(3) Criteria for Review of an Application for Certificate of
Need.
(a) State Health Plan. An application for a Certificate of Need
shall be evaluated according to all relevant State Health Plan standards.
(b) Need. The Commission shall consider the applicable need
analysis in the State Health Plan. If no State Health Plan need analysis is applicable,
the Commission shall consider whether the applicant has demonstrated a need for
the proposed project.
(c) Alternatives to the Project. The Commission shall consider
the alternative approaches to meeting the need identified for the project that
were considered by the applicant in planning the project and the basis for the
applicant’s choice of the project among considered alternatives. In a
comparative review of applications within the same review cycle, the Commission
shall compare the costs and the likely effectiveness of alternative projects in
meeting identified needs, improving the availability and accessibility of care,
and improving the quality of care.
(d) Project Financial Feasibility and Facility or Program
Viability. The Commission shall consider the availability of resources
necessary to implement the project and the availability of revenue sources and
demand for the proposed services adequate to ensure ongoing viability and
sustainability of the facility to be established or modified or the service to
be introduced or expanded.
(e) Compliance with Terms and Conditions of Previous
Certificates of Need. An applicant shall demonstrate compliance with all terms
and conditions of each previous CON granted to the applicant.
(f) Project Impact. The Commission shall consider the impact of
the proposed project on the costs and charges of existing providers of the
facilities and services included in the project and on access to those
facilities and services in the service area of the project.
(g) Health Equity. The Commission shall consider how a proposed
project will address health care disparities in availability, accessibility,
and quality of care among different populations within the service area. The
Commission shall consider how social determinants of health within the service
area of the proposed project create disparities in the delivery of health care.
(h) Character and Competence. The Commission shall assess the
character and competence of an applicant based upon experience and past performance,
including any records of violation in operating a health care service or
facility.
.09 Commission Decision and Action on CON Applications.
A. Proposed Decision.
(1) Preparation of Proposed Decision.
(a) In a comparative or contested review, or in a review in
which an evidentiary hearing is held in accordance with Regulation .11 of this
chapter, the Executive Director shall appoint a single Commissioner, who may be
assisted by the staff of the Commission, to act as reviewer and prepare a
proposed decision for consideration by the Commission.
(b) In all other reviews, Commission staff shall review the
application and prepare a staff report and recommendation for consideration by
the Commission.
(2) Project Status Conference.
(a) The reviewer or staff, as appropriate, may request that a
project status conference be held before the issuance of a proposed decision or
staff report, to apprise each applicant, interested party, and participating
entity of those aspects of a proposed project that appear to be inconsistent
with applicable standards and review criteria.
(b) Following the project status conference, the reviewer or
staff will send each applicant, interested party, and participating entity a
summary of the project status conference that includes dates, as needed, for
additional filings.
(c) The applicant shall send to each interested party and
participating entity a copy of proposed project changes made pursuant to the
project status conference.
(d) Each interested party and participating entity in the review
of an application shall have 7 days to file comments on the proposed changes
made pursuant to the project status conference.
(3) Opportunity to Present Oral Argument. Each applicant and
interested party in a contested or comparative review may request the
opportunity to present oral argument to the reviewer before the reviewer
prepares a proposed decision on the application for consideration by the full
Commission, as follows:
(a) The request shall be made within the time period for an
applicant's response to comments under Regulation .08F(1) of this chapter;
(b) The decision to grant oral argument is at the sole
discretion of the reviewer;
(c) The reviewer may set reasonable time limits for oral
argument; and
(d) The reviewer may, if there is a genuine dispute as to the
credibility of a material witness on a matter of fact, require the witness to
answer questions on that matter under oath during the oral argument portion of
a CON review.
(4) A staff report and recommendation on a proposed project or a
reviewer’s proposed decision on a project shall state the staff’s conclusion or
the reviewer's finding as to whether:
(a) Each relevant State Health Plan standard or review criterion
set forth in Regulation .08G of this chapter:
(i) Is met by the applicant;
(ii) Is not applicable to the project; or
(iii) Is applicable to the project and is not met by the
applicant;
(b) In a comparative review, one or more of the projects is
preferred under a State Health Plan standard or criterion either as a result of
consideration of a preference standard or because one or more of the projects
was determined to be superior based on the reviewer’s consideration of the
applicable criteria; and
(c) To recommend that one or more of the projects be granted a
CON.
B. Exceptions.
(1) Pursuant to State Government Article, §10-216, Annotated
Code of Maryland, each applicant and interested party who has submitted
comments under Regulation .08F(1) of this chapter may submit written exceptions
to a staff report and recommendation or a proposed decision and make oral
argument to the Commission.
(2) Schedule.
(a) A proposed decision in a contested or comparative review
shall be issued at least 30 days before the Commission meeting at which the
proposed decision and order will be considered.
(b) Upon issuance of a staff report or proposed decision,
Commission staff shall issue a notice specifying the schedule for the
submission of exceptions and any response, the date on which the Commission
shall hear oral argument, and rules for conduct of the hearing.
(c) Unless otherwise agreed by each applicant and interested
party, the schedule issued by Commission staff in a contested or comparative
review shall specify that exceptions shall be filed at least 10 days after the
issuance of a proposed decision and any response to the exceptions filed at
least 7 days after the filing of exceptions. The Commission staff may shorten
these periods by agreement of the parties, or extend any deadlines set for good
cause shown.
(3) Exceptions Requirements.
(a) Exceptions shall
specifically identify each finding and conclusion to which exception is taken,
citing those portions of the record on which each exception is based.
(b) Exceptions shall be limited to 25 pages, double-spaced,
excluding attachments.
(c) Responses to exceptions shall be limited to 15 pages,
double-spaced, excluding attachments.
(4) Oral arguments before the full Commission concerning the
proposed decision are limited to 10 minutes per applicant and 10 minutes per
interested party, unless extended by the Chair of the Commission. An applicant
may reserve time for rebuttal.
C. Participation By Participating Entity In Certain Reviews
After Issuance of a Staff Report or Reviewer's Proposed Decision.
(1) Request by Participating Entity to Address the Commission.
(a) After the issuance of a staff report or a reviewer's
proposed decision, a participating entity may request the opportunity to
address the Commission before Commission action on the application by
submitting a written request at least 7 days before the scheduled Commission
meeting that will consider an application, specifying the points that it wants
to make.
(b) The Chair of the Commission, after consultation with the
Executive Director, may permit a participating entity, or combination of
participating entities, to make an oral presentation to the Commission on
matters it addressed in written comments on the application.
(c) At least 5 days before the scheduled Commission meeting that
will consider an application, the Executive Director shall advise each
applicant, interested party, and participating entity in a review whether the
Chair will permit a participating entity or combination of participating
entities to make an oral presentation to the Commission, and shall specify the
format of the presentation.
(2) An applicant may address the Commission in any review in
which a participating entity is granted permission to address the Commission
before action on an application.
D. Final Decision.
(1) The Commission's final decision on a project shall contain
findings of fact and conclusions of law and:
(a) Approve the application;
(b) Approve the application with conditions; or
(c) Deny the application.
(2) The decision of the Commission shall be by a majority of the
quorum present and voting.
E. Action on the Application.
(1) The Commission shall act on an application for a CON not
later than 150 days after the application has been docketed. If no evidentiary
hearing is held, the Commission shall act on an application within 90 days
after the docketing of the application. Staff shall report to the Commission
the status of all projects where a staff report is not issued for Commission
action within 90 days.
(2) With the exception of CON applications to establish a health
care facility, relocate a health care facility, or establish cardiac surgery
services or organ transplantation services at an existing acute general
hospital, a CON application filed after October 1, 2019 shall be deemed
approved if the application is uncontested and final action by the Commission
does not occur within 120 days after the application is docketed.
(3) On motion by an applicant or an interested party, a review
of a CON application may be stayed for a period not to exceed 6 months if the
reviewer, or if a reviewer is not appointed, the Executive Director, determines
that there is good cause for a stay.
(4) The Commission shall notify the applicant, interested
parties, participating entities, and the local health department of the
Commission’s final decision.
(5) The Commission may not render a final decision until:
(a) A staff report and recommendation or a reviewer’s proposed
decision has been provided to each party; and
(b) Each applicant and interested party has been given an
opportunity to file exceptions and present oral argument before the Commission.
F. Judicial Review.
(1) The Commission's final decision is subject to judicial
review under State Government Article, Title 10, Subtitle 2, Annotated Code of
Maryland.
(2) In order to seek judicial review, a party must be an
aggrieved party.
(3) For purposes of judicial review, the record of the
proceeding shall include:
(a) The application;
(b) Requests to an applicant for additional information from
Commission staff, the reviewer, the Commission, and responses to the requests;
(c) Comments received from each interested party and responses
from each applicant;
(d) Reports or recommendations from staff;
(e) Motions and responsive filings;
(f) The prehearing conference report, if any;
(g) Prefiled testimony, if any;
(h) A recording or transcript of any hearing;
(i) The reviewer's proposed decision, all exceptions, and
responses to exceptions; and
(j) The Commission's final decision.
(4) A decision of the Commission is a final decision for
purposes of judicial review.
(5) A request for reconsideration in accordance with Regulation
.19 of this chapter will stay the final decision of the Commission for purposes
of judicial review until the Commission decides the request for
reconsideration.
.10 Miscellaneous Rules and Procedures.
A. Computation of Time.
(1) In computing a period of time prescribed by these
regulations, by order of the Commission, or by an applicable statute, the day
of the action or default initiating the designated period of time is not
included. The last day of the period so computed is to be included unless it is
a day on which the office of the Commission is closed, in which event the
period extends until the next day on which the office of the Commission is
open. Unless otherwise noted, all time periods shall be computed in calendar
days.
(2) At the discretion of the reviewer, the Executive Director,
or the Executive Director's designee, and upon a showing of good cause by the
submitting party, a period of time to submit a document or perform any act
permitted or prescribed by these regulations may be extended for a reasonable
period of time.
B. Filing of Documents. In all matters before the full
Commission, filings may not be made directly to individual commissioners except
at the direction of the reviewer or the Executive Director.
C. Motion Practice.
(1) A motion shall be made in writing, except when made at a
hearing or prehearing conference in accordance with Regulation .11 of this
chapter, and shall state concisely the action the movant desires the Commission
to take, and supporting grounds and authority.
(2) A motion shall be filed within 20 days of the determination
to which the motion responds.
(3) The following actions shall be taken by motion:
(a) A demand for an action which the movant desires the
Commission, the reviewer, or the staff of the Commission to take;
(b) A request for reconsideration, under Regulation .19 of this
chapter;
(c) An objection to the introduction of a statement or other
evidence by a party during an evidentiary hearing held under Regulation .11 of
this chapter;
(d) A challenge to a reviewer or other member of the Commission;
(e) An action that might be initiated properly or undertaken by
a party to a review, and that is not otherwise provided for in this chapter;
and
(f) Any other question that is justiciable.
(4) A motion need not be verified unless it is based on facts
not apparent from the record or documents filed in the proceeding.
(5) An applicant or interested party to the review may file one
written answer to a motion, in the same format required of motions, within 10
days of the filing of the motion.
(6) Except as otherwise provided in these regulations, the
reviewer or, in a matter in which no reviewer has been appointed, the Executive
Director shall rule on a motion made prior to the issuance of a proposed
decision or staff recommendation. Except as otherwise provided in these
regulations, the Chair shall rule on all other motions.
(7) The person presiding over the motion may hear oral argument
on the motion at the request of a party.
D. Summary Decision.
(1) At any time after an application is docketed, staff may file
a motion for summary decision to deny the application.
(2) The motion shall identify the grounds for the motion, which
is not required to address every applicable State Health Plan standard. The
applicant may respond to the motion in writing, within 15 days of receipt of
the motion.
(3) The reviewer, or, in a matter in which no reviewer has been
appointed, a commissioner appointed as motions officer by the Executive
Director, may hear oral argument on the motion at the request of a party and
shall issue a proposed ruling which shall be subject to review by the full
Commission.
(4) A quorum of the full Commission shall make a final ruling on
the motion for summary decision.
E. Ex Parte Contacts. After the docketing of an application and
until the Commission renders its final decision under this regulation, the ex
parte provisions of the State Government Article, Title 10, Annotated Code of
Maryland, apply.
F. Local Health Department Review and Comment. The Commission
shall seek information and comment from each local health department in the
health planning region for the proposed project, and shall consider any
response from each health department in making a final decision on an
application.
G. Required Approvals.
(1) Except in emergency circumstances posing a threat to public
health, all decisions of the Commission on an application for a Certificate of
Need shall be consistent with applicable State Health Plan standards and
criteria established by the Commission.
(2) Unless the Commission finds that the facility or service for
which a proposed expenditure is to be made is not needed or is not consistent
with the State Health Plan, the Commission shall approve an application for a
Certificate of Need to the extent that the expenditure will be made to eliminate
or prevent an imminent safety hazard, as defined by federal, State, or local
fire, building, or life safety codes or regulations, to comply with State
licensing standards, or to comply with accreditation standards for
reimbursement under Title XVIII of the Social Security Act or under the State
Medical Assistance Program approved under Title XIX of the Social Security Act.
H. Notice of Final Action on a Certificate of Need Application.
The Commission shall provide a copy of a CON decision to State or local
licensing agencies, the Maryland Medical Assistance Program, and the Health
Services Cost Review Commission.
I. Participation of Staff. A reviewer may seek the assistance of
any member of the Commission staff in preparing a proposed decision.
J. Transferability. A Certificate of Need or other Commission
approval is not transferable.
K. Consent Agenda.
(1) The Commission may take action on the following categories
of items by use of a consent agenda at a public meeting of the Commission:
(a) Adoption of final regulations previously adopted by the
Commission as proposed permanent regulations that:
(i) Do not result in public comments after publication in the
Maryland Register; and
(ii) Contain no wording changes.
(b) A change in an approved project that requires Commission
approval pursuant to Regulation .17 of this chapter and is recommended for
approval by the Executive Director with the exception of:
(i) An increase in the capital cost of a project that exceeds
the approved capital cost inflated by the cost index specified in Regulation
.17 of this chapter that also includes a change in the financing mechanism of
the project; or
(ii) A change in the financing mechanism of the project.
(c) Confirmation of an emergency CON issued by the Executive
Director in accordance with Regulation .20 of this chapter.
(d) Other categories of actions that a majority of the fully
authorized membership of the Commission votes to include on the consent docket.
(2) Consent agenda items shall be disseminated to the Commissioners
prior to the meeting along with copies of any related materials. At the
beginning of the meeting, the Chair of the Commission will present the consent
agenda to the Commissioners and ask whether anyone wishes to remove an item
from the consent agenda to the main agenda or the next scheduled meeting. Items
may be removed from the consent agenda on the request of any one Commissioner.
Items not removed may be adopted by general consent without debate. Removed
items may be taken up either immediately after the consent agenda, placed later
on the agenda, or moved to the meeting that follows at the discretion of the
Chair.
.11 Evidentiary Hearings.
A. Request for Evidentiary Hearing.
(1) Except as otherwise provided in these regulations, a request
for an evidentiary hearing shall be made within 45 days of the docketing of an
application or within 30 days after the modification of an application in a
review.
(2) At the request of an applicant or interested party, the
Commission may hold an evidentiary hearing in the review of a CON application
for any health care facility other than an ambulatory surgical facility if, in
the judgment of the reviewer, an evidentiary hearing is appropriate due to the
magnitude of the impact that the proposed project may have on the health care
delivery system and the project, if approved, would result in one of the
following:
(a) A substantial negative impact on the costs and charges for
the type of the facility, services, or both included in the project;
(b) A substantial negative impact on access to those facilities
and services by the population in the proposed project’s expected service area;
(c) A significant decrease in the availability and overall
quality of health care services in the affected area in a manner not consistent
with policies or need projections set forth in the State Health Plan, such as
by causing a loss of reasonable access to an essential medical service by a
substantial number of patients; or
(d) Any impact that the reviewer concludes may be sufficiently
serious to merit an evidentiary hearing.
B. General.
(1) Reviewer as Presiding Officer.
(a) If an evidentiary hearing is held in accordance with this
chapter, the reviewer shall:
(i) Conduct a full, fair, and impartial hearing;
(ii) Take action to avoid unnecessary delay in the disposition
of the proceedings; and
(iii) Maintain order.
(b) A reviewer has the power to regulate the course of an
evidentiary hearing and the conduct of the parties and authorized
representatives, including the power to:
(i) Administer oaths and affirmations;
(ii) Rule upon offers of proof and receive relevant and material
evidence;
(iii) Consider and rule upon motions in accordance with this
chapter;
(iv) Examine witnesses and call witnesses as necessary to ensure
a full and complete record;
(v) Limit unduly repetitious testimony and reasonably limit the
time for presentations;
(vi) Grant a continuance or postponement;
(vii) Modify or waive, reasonably and for good cause, any time
periods established by this chapter;
(viii) Request that parties submit legal memoranda, proposed
findings of fact, and proposed conclusions of law;
(ix) Make proposed decisions and take any other appropriate
action authorized by law;
(x) Issue orders as are necessary to secure procedural
simplicity and administrative fairness and to eliminate unjustifiable expense
and delay; and
(xi) Conduct the hearing in a manner suited to ascertain the
facts and safeguard the rights of the parties to the hearing.
(c) The reviewer may impose appropriate sanctions for failure to
abide by this chapter or any lawful order of the reviewer.
(2) Conduct of Evidentiary Hearings.
(a) An evidentiary hearing need not be conducted according to
technical rules of evidence, but shall be conducted in accordance with the
State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, and
these regulations.
(b) Reliable hearsay is admissible.
(c) Rules of privileges are effective to the extent they would
be effective in a judicial proceeding in Maryland.
(d) Nonexpert opinion testimony may be considered.
(e) Qualification as an expert lies within the discretion of the
reviewer. The qualification of an expert need not be based on academic degrees.
Reasonably extensive practical experience with the subject may be sufficient
for an expert qualification.
(f) Reliable and probative documents previously filed with or
compiled by the Commission or its staff or consultants that are relevant to
issues being considered by the Commission may be incorporated by reference into
the record of a proceeding by the Commission or, by leave of the reviewer, by a
party to the proceeding, upon notice to the parties and an opportunity to
object.
(g) The reviewer may take administrative notice of all
judicially cognizable facts to the same extent as courts of this State, either
on the reviewer's own motion or at the request of a party. The reviewer may
also take official notice, without meeting formal evidentiary rules, of general
technical or scientific facts within the specialized knowledge of a member of
the Commission. A party to the hearing is entitled, on timely request, to an
opportunity to show that the Commission should not take administrative or
official notice of specific facts and matters, or that the fact or matter to be
officially noticed is inapplicable to the proceeding or is incorrect or
misunderstood by the Commission.
(3) A party to the hearing may be represented by counsel.
(4) The prehearing conference and the hearing shall be recorded.
If an applicant or other person desires a transcript, that person shall pay all
costs to transcribe the recording.
(5) Documents filed in the proceeding shall be served on the
reviewer, the assistant attorneys general of the Commission, and each
interested party, and shall include a certificate of service.
C. Prehearing Procedures.
(1) The reviewer shall hold a prehearing conference, and may
hold settlement conferences, before an evidentiary hearing.
(2) The reviewer shall notify each applicant and interested
party of the prehearing conference in writing. The notification shall:
(a) Include the date, time, and place of the prehearing
conference or conferences;
(b) Summarize the rules of procedure governing the evidentiary
hearing; and
(c) State the dates, if known, for the submission of prefiled
testimony and the date, time, and place of the evidentiary hearing.
(3) The principal purpose of the prehearing conference is to
expedite the evidentiary hearing. To this end the reviewer may, among other
things:
(a) Instruct the parties to:
(i) Formulate and submit a list of genuine contested issues to
be decided at the hearing;
(ii) Identify each potential witness, the subject matter of each
witness's testimony, and documents to be introduced; and
(iii) Raise and address issues that can be decided before the
hearing;
(b) Encourage stipulations as to facts, law, and other matters;
(c) Schedule dates for the submission of prefiled testimony,
further prehearings, the hearing, and submission of briefs and documents; and
(d) Rule on any pending motions.
(4) A written summary of the prehearing conference shall be made
a part of the record of the proceeding.
(5) The reviewer may record the prehearing conference or have a
stenographer present.
(6) A request for the postponement of a hearing shall be made at
a reasonable time before the hearing and may be granted only for good cause
shown, at the discretion of the reviewer.
D. List of Genuine Issues.
(1) The reviewer shall establish a list of genuine issues of
material fact for the evidentiary hearing.
(2) An evidentiary hearing shall be held only on those genuine
factual issues or issues on which the reviewer determines that testimony would
be useful in rendering a decision.
E. Written Direct Testimony.
(1) Direct testimony shall be in writing and may not be
delivered orally.
(2) A party who wishes to present testimony at the evidentiary
hearing shall file written testimony before the hearing in accordance with the
schedule set by the reviewer.
(3) The written direct testimony shall set forth the conclusions
of the person submitting it and all arguments and facts supporting these
conclusions.
(4) Written direct testimony shall be verified either under oath
at the hearing or by including the statement specified in Regulation .08B(2) of
this chapter.
(5) Upon notice with an opportunity to object, the reviewer
shall separate irrelevant material from the remainder of the record and keep
that material apart. Parts of the body of the written direct testimony judged
irrelevant by the reviewer shall be so marked and may not be considered by the
Commission in its deliberations.
(6) Persons submitting written testimony shall make themselves
available for oral cross-examination. Submitted application materials are also
subject to cross-examination. Letters submitted into the record which are not
considered written testimony are not subject to cross-examination.
F. Cross-Examination.
(1) Cross-examination of each witness shall be live and under
oath.
(2) The reviewer and each non-proponent applicant and interested
party may conduct reasonable cross-examination of a witness who gave direct or
rebuttal testimony.
(3) The reviewer may set reasonable time limits on the
cross-examination of witnesses.
G. Rebuttal Testimony.
(1) Rebuttal testimony is permitted on any issue specified by
the reviewer.
(2) Rebuttal testimony, whether specified by the reviewer to be
written or oral, is subject to live cross-examination.
H. Post-Hearing Briefs. The reviewer may request post-hearing
briefs.
I. Informal Proceedings. At the request of an applicant, and if each
interested party waives the right to present evidence, argument, and conduct
cross-examination, the reviewer may establish informal rules for mediation,
structured negotiation, or another consensual procedure for reaching a
decision.
.12 Holder Responsibilities and Withdrawal of a Certificate of
Need or Other Commission Approval.
A. Project Implementation Schedule.
(1) An application for a CON or other Commission approval shall
propose a schedule for implementation of the project that specifies the estimated
time for, at a minimum, the following project implementation steps:
(a) The time required to enter a binding obligation following
Commission approval of the application for the project;
(b) The time required to initiate construction, renovation, or
both following execution of a binding obligation;
(c) The time required to complete the approved construction,
renovation, or both following initiation of construction, renovation, or both;
and
(d) The time required to place the new facility or modified
facility in operation following the completion of approved construction,
renovation, or both.
(2) The proposed project implementation schedule for a project
requiring a multiphased plan for implementation shall detail those multiple
phases and specify the estimated time requirements for, at a minimum, the four
time periods listed above for each phase.
(3) A holder shall abide by the project implementation schedule
submitted with its application for a CON or other Commission Approval.
(4) The project implementation schedule may be reasonably
modified by the holder during the period during which the project is being
implemented with approval of Commission staff.
B. Progress Report.
(1) Up until an approved project’s completion, licensure, if
required, and first use, a holder shall submit a semiannual progress report in
the form and manner prescribed by Commission staff.
(2) The semiannual progress report shall detail the holder’s
compliance with the project implementation schedule and any conditions on
approval imposed by the Commission.
(3) A holder shall submit the semiannual progress reports in
accordance with the following schedule:
(a) The first report shall be due at least 45 days before the 6-month
anniversary of the final action awarding the CON or other Commission approval;
and
(b) Subsequent progress reports shall be due every 6 months
after the due date of the prior report.
C. Obligation.
(1) Except as provided by §C(2) of this regulation, a holder shall
obligate at least 51 percent of the approved capital expenditure for a project
involving building construction, renovation, or both, as documented by a
binding construction contract or equipment purchase order, within the following
specified time periods:
(a) An approved new hospital has up to 36 months to document the
required obligation;
(b) A project involving an approved new non-hospital health care
facility or involving a building addition or replacement of building space of a
health care facility has up to 24 months to document the required obligation;
(c) A project limited to renovation of existing building space
of a health care facility has up to 18 months to document the required
obligation; and
(d) A project that does not involve construction or renovation shall
document that the approved project is complete and operational within 18 months
of project approval.
(2) In a multiphased plan of construction with more than one
construction contract approved for an existing health care facility, a holder
has:
(a) Up to 12 months after approval to obligate 51 percent of the
capital expenditure for the first phase of construction; and
(b) Up to 12 months after completion of the immediately
preceding phase of construction to obligate 51 percent of the capital
expenditure for any subsequent approved phase of construction.
D. Effective Date of a CON or other Commission approval. The
effective date of a CON or other approval is the date of Commission action
approving the application for the project. If a request for reconsideration is
timely filed under Regulation .19 of this chapter, the effective date of the
approval is the date the Commission rules on the request. The filing of a
notice of appeal does not stay enforcement of the Commission decision.
E. Grounds for Withdrawal of Commission Approval. The Commission
may withdraw a CON or other Commission approval if it finds that:
(1) The holder made a material misrepresentation upon which the
Commission relied in approving the application;
(2) The holder failed to demonstrate sufficient progress in
implementing the project;
(3) The holder has failed to obligate or complete an approved
project as required by §A of this regulation;
(4) The holder failed to meet a condition on the approval;
(5) The holder failed to timely provide the semiannual progress
report required under §B of this regulation; or
(6) The project differs materially from that approved by the
Commission.
F. Notice Before Withdrawal of a CON or Other Commission
Approval.
(1) If Commission staff determines that a CON or other
Commission approval should be withdrawn, Commission staff shall inform the
holder and each appropriate local health department, setting forth in writing
the reasons for the proposed withdrawal.
(2) This notice shall set forth the right of the holder to
submit written argument in support of its position and present oral argument to
the Commission, as well as the right to an evidentiary hearing conducted in
accordance with Regulation .11 of this chapter, to show cause why the approval
should not be withdrawn.
(3) A holder that has failed to demonstrate sufficient progress
in project implementation shall show good cause for the lack of progress.
G. Final action by the Commission withdrawing a CON or other
approval shall:
(1) Be in writing;
(2) Include findings of fact and conclusions of law; and
(3) Be transmitted to the holder and to each appropriate local
health department within 30 days of the date of action by the Commission.
H. CON Application after Withdrawal of a Prior CON. If a CON or
other approval is withdrawn due to lack of sufficient progress in implementing
the project, the holder may file an application seeking Commission approval to
initiate or complete the previously authorized project, which shall be
considered a new application by the Commission.
.13 Procedures for Certificate of Conformance and Certificate of
Ongoing Performance Applications.
A. Coverage.
(1) A certificate of conformance is required to introduce
primary or elective percutaneous coronary intervention services at a hospital.
(2) A certificate of ongoing performance is required and shall
be periodically renewed to certify that a hospital providing cardiac surgery
services or percutaneous coronary intervention services is maintaining an
acceptable level of quality and performance in its provision of those services.
(3) A hospital with newly established cardiac surgery services
or percutaneous coronary intervention services at an acute general hospital may
continue to provide services without a certificate of ongoing performance until
the Commission acts on the hospital’s first application for a certificate of
ongoing performance.
B. Submission of Applications.
(1) An application for a certificate of conformance or a
certificate of ongoing performance shall be submitted to the Commission in a
form and manner prescribed by the Commission.
(2) An application shall be submitted in accordance with a
published review schedule established by the Commission under §E of this
regulation, except that applications to establish both primary and elective
percutaneous coronary intervention services based on insufficient access under
COMAR 10.24.17.04A(2)(b) may be filed at any time.
(3) The application, and all information supplementing the
application, shall be signed by at least one principal of the applicant, who
shall sign a statement as follows: “I solemnly affirm under penalties of
perjury that the contents of this application are true to the best of my
knowledge, information, and belief.”
C. Completeness Review of Certificate of Conformance
Applications.
(1) Commission staff shall review a certificate of conformance
application for completeness within 15 business days.
(2) If staff determines the application is not complete, staff
may request additional information to make the application complete within the
15-business-day period to review the application. The applicant shall provide
full and clear responses to the completeness and additional information request
within 15 business days unless an extension is requested and granted.
(3) If Commission staff determines after review of the
application and information provided in response to staff’s request that the
application is complete, staff shall notify the applicant of its determination.
(4) If an applicant fails to supply requested information within
the specified time limit, staff may dismiss and return the application.
D. Additional Information. Commission staff may:
(1) Request information from an applicant supplementing an
application at any time during the review of an application, provided that such
additional information is material to the determination of whether the
applicant has satisfied the criteria and standards for approval; and
(2) Set reasonable time limits for the applicant to supply the
requested information.
E. Notice to the Public.
(1) At least once each year, the Commission staff shall publish
in the Maryland Register a schedule for reviews of:
(a) Certificate of conformance applications to establish primary
or elective percutaneous coronary intervention services; and
(b) Certificate of ongoing performance applications if at least
one hospital is required to file an application in the time period covered by
the schedule.
(2) The Commission shall publish, on its website, information on
the receipt of applications for certificates of conformance and certificates of
ongoing performance.
F. The Commission shall act on an application for a certificate
of conformance not later than 120 days after staff notified the applicant that
the application is complete, except for applications reviewed in conjunction
with a CON application in accordance with COMAR 10.24.17.04C.
G. Criteria for Review of Applications. Applicable criteria and
standards for certificate of conformance reviews and certificate of ongoing
performance reviews are specified in COMAR 10.24.17, the State Health Plan
chapter for cardiac surgery and percutaneous coronary intervention services.
H. Staff Report and Recommendation. Commission staff shall
review a certificate of conformance and certificate of ongoing performance
applications and prepare a staff report and recommendation that contains the
staff’s conclusion as to whether the applicant has met each applicable
criterion and standard in COMAR 10.24.17.
I. Exceptions.
(1) An applicant may submit exceptions to a staff report and
recommendation and present oral argument on its exceptions to the Commission.
(2) Schedule.
(a) Staff’s issuance of a
staff report and recommendation shall be accompanied by a notice that specifies
the schedule for the submission of exceptions and the date of the Commission
meeting at which the Commission shall hear oral argument on exceptions.
(b) Unless otherwise agreed by each applicant and interested
party, the schedule issued by Commission staff shall specify that:
(i) A party filing exceptions has at least 10 days to file
exceptions; and
(ii) A party filing a response to exceptions has at least 7 days
to file a response.
(c) The Commission staff may shorten these periods by agreement
of the parties, or extend any deadlines set for good cause shown.
(3) Exceptions shall specifically identify each staff conclusion
to which exception is taken, citing those portions of the record on which each
exception is based.
(4) Exceptions and any response to exceptions shall be limited
to 25 pages, double-spaced, excluding attachments.
(5) Commission staff may file a written response to exceptions
and present oral argument at the exceptions hearing.
(6) Oral arguments on exceptions to the staff report and recommendation
and any response shall be limited to 10 minutes per argument unless extended by
the Chair of the Commission.
J. Final Decision on an Application for Certificate of
Conformance.
(1) A final decision on an application for a certificate of
conformance shall contain findings of fact and conclusions of law and shall:
(a) Approve the application;
(b) Approve the application with conditions; or
(c) Deny the application.
(2) A certificate of conformance issued by the Commission for an
approved application shall specify the period of time for which the initial
certificate is effective and the expected date by which the hospital is
expected to seek a certificate of ongoing performance for its primary or
elective percutaneous coronary intervention services or both.
K. Final Decision on an Application for Certificate of Ongoing
Performance.
(1) The Commission's final decision on an application for a
certificate of ongoing performance shall contain findings of fact and
conclusions of law and shall:
(a) Approve the application;
(b) Approve the application with conditions; or
(c) Deny the application or revoke the Commission’s approval for
the involved services provided that all the steps in COMAR 10.24.17 including
performance of a focused review and an opportunity for agreement upon and
completion of a plan of correction have been provided to the hospital.
(2) A certificate of ongoing performance issued by the
Commission shall specify the period of time for which the certificate is
effective and the expected date by which the hospital is expected to seek a new
certificate of ongoing performance for its primary or elective percutaneous
coronary intervention services or both, as applicable, or for its cardiac
surgery services.
(3) The duration of a certificate of ongoing performance may be
extended beyond the renewal deadline, if due to extenuating circumstances, the
Executive Director determines an extension is necessary and appropriate, prior
to staff producing a written report and recommendation to the Commission
regarding the hospital’s application for renewal of its certificate of ongoing
performance.
L. The decision of the Commission shall be by a majority of the
quorum present and voting.
M. The decision of the Commission is subject to judicial review in
accordance with Regulation .09F of this chapter.
.14 Special Procedures.
A. Determination of Coverage. Except as otherwise provided in
Regulations .03 or .05 of this chapter, a project that requires a determination
of coverage shall be dealt with in the following manner:
(1) A written request for determination of coverage shall be
filed with the Center for Health Care Facilities Planning and Development.
(2) The Executive Director of the Commission shall review the
request and act on it within 30 business days of receipt of complete
information.
(3) The person requesting the determination shall provide all
additional information requested by Commission staff.
(4) The Commission shall notify the person, each appropriate
local health department, and each agency responsible under the Department's
licensure program for the type of project whether it requires a Certificate of Need
or other Commission review.
(5) Commission staff’s determination of coverage may be appealed
by the requesting party to the Commission by use of a motion filed in
accordance with Regulation .10C of this chapter.
(6) The Executive Director may issue a determination that:
(a) Certificate of Need or other Commission review is not
required; or
(b) Certificate of Need review is required for stated reasons.
B. Declaratory Rulings.
(1) A person uncertain as to how a statute or regulation
enforced by the Commission applies to that person or that person’s property may
file with the Commission a petition for a declaratory ruling in accordance with
the procedures in §B of this regulation.
(2) The Commission may decline to issue a declaratory ruling for
any of the following reasons:
(a) The petition is not in accordance with this section;
(b) The petition contains insufficient factual or legal information
upon which to base a declaratory ruling;
(c) The petition raises issues adequately addressed in a final
decision or regulation of the Commission;
(d) The petition fails to pose a significant issue;
(e) The petition is properly heard as part of an evidentiary
hearing; or
(f) A declaratory ruling would not be in the public interest.
(3) Within 15 days of receipt of a petition, the Executive
Director shall either assign the petition to the full Commission for a decision
or appoint a Commissioner to make a proposed ruling on the petition, which
ruling shall be considered by the full Commission.
(4) Within 45 days, or by the second regularly scheduled
Commission meeting following the filing of the petition, whichever is later,
the Commission shall rule or decline to rule on the petition, or may postpone
issuing a formal written declaratory ruling for up to 35 days.
(5) To secure a declaratory ruling, an affected person shall
submit a petition for a declaratory ruling that contains the following information:
(a) The petitioner's name, address, and telephone number;
(b) A one or two sentence statement of each question on which a
ruling is requested;
(c) A one or two sentence summary of the petitioner's position
on each question;
(d) Citation to each provision that the Commission needs to
interpret in order to answer each question posed;
(e) A brief statement of each relevant fact;
(f) The petitioner's factual, legal, and policy arguments,
referring to documents, affidavits, data, and other relevant information, which
shall be appended to the petition, unless the documents are readily accessible
to the Commission; and
(g) A statement by the petitioner under penalties of perjury
that each fact recited as relevant to the question posed is true to the best of
the petitioner's knowledge, information, and belief.
(6) The Commission shall promptly publish notice of the receipt
of a petition in the Maryland Register and shall note the petition on meeting
agendas until the Commission acts upon the petition.
(7) The Commissioner making a proposed ruling or the Commission,
in addition to considering the materials submitted by the petitioner and
comments from staff, may:
(a) Request and receive oral or written statements from any
person;
(b) Consider any document, data, study, or other relevant
material; or
(c) Require argument on the question on the record, giving the
petitioner the opportunity to present argument and to proffer witnesses and
documents for the Commission's consideration.
(8) The proposed and final declaratory ruling shall be in
writing, and state:
(a) Each question addressed;
(b) The proposed or final ruling; and
(c) The factual and legal basis for the ruling.
(9) A final declaratory ruling binds the Commission and the
petitioner on the facts set forth in the petition, except when this binding
effect violates the due process rights of a competing applicant in a
comparative review.
(10) The Commission may revoke, alter, or amend a proposed or
final declaratory ruling, which may have prospective effect only.
(11) A petitioner may appeal the declaratory ruling as set forth
in State Government Article, Title 10, Annotated Code of Maryland.
.15 Commission Approval Required Before Certain Actions.
A. Obligation of Capital Expenditure.
(1) A person may not incur an obligation for a capital
expenditure for a project that is subject to review under these regulations
until the applicant receives a CON or other required Commission approval.
(2) An obligation for capital expenditure is incurred by or on
behalf of a health care facility:
(a) When a contract, enforceable under State law, is entered
into by or on behalf of the health care facility for the construction,
acquisition, lease, or financing of a capital asset;
(b) When a governing body of the health care facility takes
formal action to commit its own funds for a construction project undertaken by
the health care facility as its own contractor; or
(c) In the case of donated property, on the date on which the
gift is completed under applicable State law.
B. Obligation of Predevelopment Expenditures. An applicant
proposing predevelopment expenditures requiring review under this chapter may
not enter into a binding contract or other obligation for such activities until
the applicant receives a CON or other required Commission approval.
C. Binding Commitments for Financing. A binding arrangement or
commitment for financing a project may not be entered into by an applicant
until the applicant receives a CON or other required Commission approval for
the project.
.16 Voluntary Withdrawal of an Application.
An applicant may voluntarily withdraw its application without
prejudice prior to final action by the Commission on the application. Written
notice of the withdrawal shall be submitted to the Commission through the Executive
Director. A withdrawn application may be resubmitted at a later date as a new
application.
.17 Project Changes After Commission Approval.
A. Filing of Request. A holder that desires to change a project
that has received CON or other Commission approval shall submit a request for
the proposed change and supporting documentation to the Commission, copying
each local health department within the health planning region of the project
and, in the case of a change in the location or address of a project involving
construction of a new health care facility, to all health care facilities of
that type located in the health planning region.
B. Commission Approval Required Before Project Changes. Any of
the following proposed changes that would place the project at variance with
its CON or other approval issued under this chapter, including any condition
placed on the approval, shall be reviewed by the Commission:
(1) A significant change in physical plant design;
(2) A capital cost increase that exceeds the approved capital
cost inflated by an amount determined by applying the Hospital Capital Market
Baskets published by IHS Markit in Health Care Cost Review or other guidance
approved by the Commission and posted on the Commission website from the
application submission date to the date of the filing of a request for a
project change;
(3) A change in the financing mechanisms of the project; or
(4) A change in the location of the project.
C. Impermissible Changes. The following proposed changes to an
approved project require a new CON or other appropriate review and may not be
considered by the Commission:
(1) Changes in the fundamental nature of a facility or the
services to be provided in the facility from those that were approved by the
Commission;
(2) Increases in the facility’s total bed capacity or operating
room inventory; or
(3) Changes in the medical service provided or approved.
D. Commission Action.
(1) Requested changes subject to review under §B of this
regulation shall be reviewed by the Commission.
(2) Within 5 days after the Commission’s receipt of a written
request to change the address or location of an approved project, Commission
staff shall arrange to publish notice of receipt of the change request in the
Maryland Register and one newspaper of general circulation in the appropriate
health planning region, shall post the notice on its website, and shall provide
written notice of receipt of the change request to:
(a) Each member of the General Assembly in whose district the
relocation is planned;
(b) Each member of the governing body for the jurisdiction in
which the relocation is planned; and
(c) The county executive, mayor, or chief executive officer, if
any, in whose county or city the relocation is planned.
(3) The Commission shall provide a written notification within
45 days of the Commission’s receipt of a complete change request that:
(a) The proposed change is approved in whole or part and
incorporated into a modified CON or other modified approval for the project
with conditions as appropriate; or
(b) The proposed change is denied, with explanation.
.18 Review Required Before Licensing or First Use of Project.
A. Request for First Use Review and Approval. Not fewer than 60
days but not more than 120 days before the first use of any portion of a
facility or service developed under a CON or other Commission approval, the
holder shall specify the anticipated date for first use and request in writing,
through the Center for Health Care Facilities Planning and Development, a final
review and first use approval. The request shall include:
(1) Documentation of the final cost of the project; and
(2) A description of any differences in physical plant design,
space, or services in the finished project when compared with the description
of the project reviewed and approved by the Commission.
B. Action on Request. Within 30 days of receipt of all required
information, Commission staff shall issue an approval for first use or a
finding that the project does not conform to its CON or other Commission approval.
Issuance of first use approval is not a new final decision concerning a CON and
may not be appealed.
C. Nonconformance with CON or Other Commission Approval. If the
Executive Director finds that a project does not conform to its CON or other
approval, the applicant may not proceed to licensure or first use until the
Executive Director issues a written finding that the project conforms with its
approval. Based on a finding that a project varies significantly from the
project that was granted a CON or other approval, the Executive Director may
invoke the full review process established in Regulation .04, Regulations
.08—.10, and Regulation .13 of this chapter in order to reexamine the project.
D. Duration of First Use Approval. First use approval remains in
effect for 90 days. If a project is not put into use within that 90-day period,
the holder shall reapply for first use approval.
.19 Reconsideration Procedures.
A. Request for Reconsideration. An aggrieved party may request
that the Commission conduct a hearing to reconsider a Commission final decision
to grant, to grant with conditions, or to deny a Certificate of Need
application, a request for an exemption from CON review, or a certificate of
conformance application issued under this chapter. This request shall be in
writing and filed with the Center for Health Care Facilities Planning and
Development within 15 days of the date upon which the Commission renders its
decision and shall show good cause for reconsideration of the decision.
B. Good Cause. For purposes of this regulation, a request for a
reconsideration shows good cause if it:
(1) Presents significant, relevant information which was not
previously presented to the Commission and which, with reasonable diligence,
could not have been presented before the Commission made its decision;
(2) Demonstrates that there have been significant changes in
factors or circumstances relied upon by the Commission in reaching its
decision; or
(3) Demonstrates that the Commission has materially failed to
follow its adopted procedures in reaching its decision.
C. Notice of Reconsideration Request. At least 15 days prior to
the date the Commission will consider a request for reconsideration, the
Commission shall provide written notice of the date to the person making the
request, each applicant, each interested party, and each relevant local health
department. Each interested party may file a written response.
D. A request to present oral arguments shall be made at the time
of filing an initial request for reconsideration or a response.
E. If the Commission determines that good cause has been
demonstrated, the Commission may reverse or modify its previous decision.
Within 30 days, the Commission shall issue a new decision containing written
findings of fact and conclusions of law stating the basis for its decision,
which shall be its final decision for the purpose of judicial review.
.20 Emergency Certificate of Need.
A. The Executive Director may issue an emergency Certificate of
Need under the following circumstances that would otherwise require issuance of
a CON:
(1) A situation presents hazards to employees or patients of a
health care facility, and the project required to address the situation would
otherwise require CON review;
(2) The closing of a health care facility by State licensing
authorities requires changes or adjustments in other facilities to accommodate
displaced patients, and the changes or adjustments would otherwise require that
these facilities obtain a CON under these regulations; or
(3) A project that would require CON review is necessary to
address a public health emergency and cannot be delayed.
B. Procedure for an Emergency Certificate of Need.
(1) A health care facility may apply for an emergency CON by
sending a signed letter in PDF format by email and hard copy to the Executive
Director that contains:
(a) A description of the project for which an emergency CON is
sought;
(b) An explanation of the need for emergency action;
(c) The location and current use of the space where the proposed
project will be implemented;
(d) The time frame by which the project can be implemented;
(e) Approximate cost, if known; and
(f) Status of existing unused physical bed space at the health
care facility that could quickly be converted to inpatient or resident care to
address the emergency.
(2) The applicant shall timely provide additional information
requested by Commission staff.
C. Commission Action.
(1) The Executive Director may grant or deny an emergency CON
application after consultation with the Chair of the Commission and receipt of
suitably detailed information from the applicable State licensing agency
regarding the need for emergency action. If, upon receipt of this information,
the Executive Director agrees that the project is needed to address an emergency
situation, the Executive Director shall issue an emergency Certificate of Need.
The issuance of an emergency CON shall be on the agenda of the next scheduled
Commission meeting for confirmation by the Commission.
(2) The Executive Director may exercise the discretion not to
make a decision on an emergency CON application and refer the application for
consideration by the Commission. If a quorum of the Commission agrees that the
project is needed to address an emergency situation, the Commission shall issue
an emergency Certificate of Need.
D. Duration of Emergency Certificate of Need. The emergency CON
is temporary and is valid for a period not to exceed 165 days. The duration of
an emergency CON may be extended by the Executive Director for good cause shown
by the applicant or at the request of the Secretary.
E. A health care facility that desires to retain the capacity or
project approved in an emergency CON shall, at least 30 days before the
termination of the emergency CON, file a letter of intent followed by a CON
application in accordance with the provisions in Regulation .08 of this chapter
for an unscheduled review. The normal review process and time period set forth
in this chapter apply to the review of a CON application filed after issuance of
an emergency CON. This filing deadline may be extended by the Executive
Director. The duration of an emergency CON shall be extended automatically
during any period of time when the applicant has properly and timely sought a
CON to retain the capacity or project approved on an emergency basis.
F. Review of Denied Application. In the event the Executive
Director denies an application for an emergency CON, the applicant may submit a
written request for Commission review of the decision within 15 days of the
denial, stating with particularity the grounds and factual basis for the
applicant’s disagreement with the Executive Director’s decision. The Commission
shall make a decision on the request for review within 45 days of the request.
.21 Severability.
If any provision of this chapter is declared void by a court of
law, the remainder of this chapter shall be unaffected and of continued force
and effect.
.22 Effective Date.
A. A letter of intent or application submitted after the
effective date of these regulations is subject to their provisions.
B. A request for a determination of coverage under Regulation
.14A of this chapter, submitted after the effective date of these regulations,
is subject to the provisions of this chapter.
C. Upon request by a holder, a project that has previously
received a Certificate of Need or other Commission approval may be governed by
this chapter.
D. Pending Reviews.
(1) Except in contested or comparative CON reviews, an
application for a CON or other Commission approval pending at the time these
regulations become effective shall be subject to their provision upon request
of the applicant.
(2) Upon request of an applicant for a CON in a contested or
comparative review, an application pending at the time these regulations become
effective may be subject to their provisions with the consent of all interested
parties and upon a finding of good cause by the reviewer.
(3) If the applicable CON review criteria have materially
changed as a result of these regulations, the application of these regulations
to a pending CON application shall be deemed a modification and governed by
Regulation .08E of this chapter.
RANDOLPH S. SERGENT
Chair
Maryland Health Care Commission
Subtitle 67 MARYLAND HEALTHCHOICE
PROGRAM
10.67.08 Maryland Medicaid
Managed Care Program: Non-Capitated Covered Services
Authority: Health-General Article, §§2-104(b), 15-103, and 15-105,
Annotated Code of Maryland
Notice of Proposed Action
[23-120-P]
The Secretary of Health proposes to amend Regulation .02 under COMAR 10.67.08 Maryland Medicaid Managed Care Program: Non-Capitated
Covered Services.
Statement of Purpose
The purpose of the proposed action is to:
(1) Update the list of behavioral health diagnosis codes to
reflect the addition of new International Classification of Diseases, 10th
Revision (ICD-10) diagnosis codes;
(2) Remove the mental health and substance use disorder diagnosis
code tables for dates of service before October 1, 2015;
(3) Update the current revenue codes included in the behavioral
health carve out;
(4) Carve out the new peer recovery support services and
behavioral health crisis services; and
(5) Correct COMAR references.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Jourdan Green, Director, Office of
Regulation and Policy Coordination, Maryland Department of Health, 201 West
Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY
800-735-2258), or email to mdh.regs@maryland.gov. Comments will be accepted
through August 14, 2023. A public hearing has not been scheduled.
.02 Behavioral Health Non-Capitated Covered Services.
A. An MCO is not responsible for reimbursing for the following
substance use disorder services, regardless of diagnosis:
(1) Services delivered by a community-based provider as described
in COMAR 10.09.80 with the following procedure codes:
|
H0001—H0020
|
(text unchanged)
|
|
H0024
|
Group peer recovery support services
|
|
H0038
|
Individual peer recovery support services
|
|
H0047—Q9992
|
(text unchanged)
|
(2) (text unchanged)
B.—C. (text unchanged)
D. An MCO is not responsible for reimbursing for the following
substance use disorder services if the MCO is billed with a primary diagnosis
listed in [§K] §M of this regulation:
(1) Services delivered by an inpatient hospital with the following
revenue codes:
|
0114—0156
|
(text unchanged)
|
|
0169
|
Administrative Days
|
|
0762
|
(text unchanged)
|
(2)—(3) (text unchanged)
E. An MCO is not responsible for reimbursing for mental health
services with a primary diagnosis listed in [§M] §N of this regulation when the services
are provided by a hospital and the services are the result of the treatment of
mental health diagnosis.
F.—G. (text unchanged)
H. An MCO is not responsible for reimbursing the behavioral
poisoning diagnoses listed in [§O] §P
of this regulation in an emergency department setting.
I. An MCO is not responsible for services billed by specialty
mental health providers listed in COMAR 10.09.59 when the bill includes the
specialty behavioral health diagnoses listed in [§L or M] §M or N in the primary diagnosis field.
J. An MCO is not responsible for reimbursement of behavioral health
crisis services as described in COMAR 10.09.16.
[J.] K.—[K.] L. (text unchanged)
[L.] M. Table of substance use disorder diagnoses, for dates of service on or after October
1, 2015:
[(1)] (table proposed for repeal)
[(2) For dates of service on or after October 1, 2015:]
|
F1010—F1029
|
(text unchanged)
|
|
F1090
|
Alcohol use, unspecified,
uncomplicated
|
|
F1091
|
Alcohol use, unspecified,
in remission
|
|
F10920—F1190
|
(text unchanged)
|
|
F1191
|
Opioid use, unspecified, in
remission
|
|
F11920—F1290
|
(text unchanged)
|
|
F1291
|
Cannabis use, unspecified,
in remission
|
|
F12920—F1390
|
(text unchanged)
|
|
F1391
|
Sedative, hypnotic, or
anxiolytic use, unspecified, in remission
|
|
F13920—F1490
|
(text unchanged)
|
|
F1491
|
Cocaine use, unspecified,
in remission
|
|
F14920—F1590
|
(text unchanged)
|
|
F1591
|
Other stimulant use,
unspecified, in remission
|
|
F15920—F1690
|
(text unchanged)
|
|
F1691
|
Hallucinogen use,
unspecified, in remission
|
|
F16920—F1890
|
(text unchanged)
|
|
F1891
|
Inhalant use, unspecified,
in remission
|
|
F18920—F1990
|
(text unchanged)
|
|
F1991
|
Other psychoactive
substance use, unspecified, in remission
|
|
F19920—R785
|
(text unchanged)
|
[M.] N. Table of mental health diagnoses, for dates of
service on or after October 1, 2015:
[(1)] (table proposed for repeal)
[(2) For dates of service on or after October 1, 2015:]
|
F200—F319
|
(text unchanged)
|
|
F32A
|
Depression, unspecified
|
|
F320—F4329
|
(text unchanged)
|
|
F4381
|
Prolonged grief disorder
|
|
[F438] F4389
|
(text unchanged)
|
|
F439—G259
|
(text unchanged)
|
|
[R457
|
State of emotional shock and
stress, unspecified
|
|
R45850
|
Homicidal ideations
|
|
R45851
|
Suicidal ideations]
|
|
O99340—O99345
|
(text unchanged)
|
|
R457
|
State of emotional shock
and stress, unspecified
|
|
R45850
|
Homicidal ideations
|
|
R45851
|
Suicidal ideations
|
|
T1491XA
|
Suicide attempt, initial
|
|
Z046
|
(text unchanged)
|
[N.] O. (text unchanged)
[O.] P. Table of poisoning
diagnoses, for dates of service on or after July 1, 2016:
|
T360X2A—T3992XA
|
(text unchanged)
|
|
T400X1A
|
Poisoning by opium,
accidental (unintentional), initial encounter
|
|
T400X2A
|
(text unchanged)
|
|
T401X1A
|
Poisoning by heroin,
accidental (unintentional), initial encounter
|
|
T401X2A
|
(text unchanged)
|
|
T402X1A
|
Poisoning by other opioids,
accidental (unintentional), initial encounter
|
|
T402X2A
|
(text unchanged)
|
|
T403X1A
|
Poisoning by methadone,
accidental (unintentional), initial encounter
|
|
T403X2A
|
(text unchanged)
|
|
T40411A
|
Poisoning by fentanyl or
fentanyl analogs, accidental (unintentional), initial encounter
|
|
T40412A
|
(text unchanged)
|
|
T40421A
|
Poisoning by tramadol,
accidental (unintentional), initial encounter
|
|
T40422A
|
(text unchanged)
|
|
T40491A
|
Poisoning by other
synthetic narcotics, accidental (unintentional), initial encounter
|
|
T40492A
|
(text unchanged)
|
|
T405X1A
|
Poisoning by cocaine,
accidental (unintentional), initial encounter
|
|
T405X2A
|
(text unchanged)
|
|
T40601A
|
Poisoning by unspecified
narcotics, accidental (unintentional), initial encounter
|
|
T40602A
|
(text unchanged)
|
|
T40691A
|
Poisoning by unspecified
narcotics, accidental (unintentional), initial encounter
|
|
T40692A
|
(text unchanged)
|
|
T40711A
|
Poisoning by cannabis,
accidental (unintentional), initial encounter
|
|
T40712A
|
Poisoning by cannabis,
intentional self-harm, initial encounter
|
|
T40721A
|
Poisoning by synthetic
cannabis, accidental (unintentional), initial encounter
|
|
T40722A
|
Poisoning by synthetic cannabis,
intentional self-harm, initial encounter
|
|
T407X1A
|
Poisoning by cannabis
(derivates), accidental (unintentional), initial encounter
|
|
T407X2A
|
(text unchanged)
|
|
T408X1A
|
Poisoning by lysergide
[LSD], accidental (unintentional), initial encounter
|
|
T408X2A
|
(text unchanged)
|
|
T40901A
|
Poisoning by unspecified
psychodysleptics [hallucinogens], accidental (unintentional), initial
encounter
|
|
T40902A
|
(text unchanged)
|
|
T40991A
|
Poisoning by other
psychodysleptics [hallucinogens], accidental (unintentional), initial
encounter
|
|
T40992A—T422X2A
|
(text unchanged)
|
|
T423X1A
|
Poisoning by barbiturates,
accidental (unintentional), initial encounter
|
|
T423X2A
|
(text unchanged)
|
|
T424X1A
|
Poisoning by
benzodiazepines, accidental (unintentional), initial encounter
|
|
T424X2A—T43592A
|
(text unchanged)
|
|
T43601A
|
Poisoning by unspecified
psychostimulants, accidental (unintentional), initial encounter
|
|
T43602A—T43612A
|
(text unchanged)
|
|
T43621A
|
Poisoning by amphetamines,
accidental (unintentional), initial encounter
|
|
T43622A
|
(text unchanged
|
|
T43631A
|
Poisoning by
methylphenidate, accidental (unintentional), initial encounter
|
|
T43632A
|
(text unchanged)
|
|
T43641A
|
Poisoning by ecstasy,
accidental (unintentional), initial encounter
|
|
T43651A
|
Poisoning my
methamphetamines, accidental (unintentional), initial encounter
|
|
T43652A
|
Poisoning by
methamphetamines, intentional self-harm, intentional encounter
|
|
T43692A—T506X2A
|
(text unchanged)
|
|
T507X1A
|
Poisoning by analeptics and
opioid receptor antagonists, accidental (unintentional), initial encounter
|
|
T507X2A—T50902A
|
(text unchanged)
|
|
T50912A
|
Poisoning by multiple
unspecified drugs, medications and biological substances, intentional
self-harm, initial self-harm, initial encounter
|
|
T50992A
|
(text unchanged)
|
LAURA HERRERA SCOTT
Secretary of Health
Title 13A
STATE BOARD OF EDUCATION
Subtitle 02 LOCAL SCHOOL
ADMINISTRATION
13A.02.06 General Financial
Aid to Local School Systems
Authority: Education Article, §§2-205, 5-202, 5-205—5-209, 5-212, 5-218,
5-222, 5-224, 5-225, 7-101, 7-101.1, 8-101—8-105, 8-403, and 8-404,
Annotated Code of Maryland
Notice of Proposed Action
[23-119-P]
The State Board of Education proposes to amend Regulations .01, .02, and .05—.07 under COMAR 13A.02.06 General Financial Aid to
Local School Systems. This action was considered by the State Board of
Education at their May 23, 2023, meeting.
Statement of Purpose
The purpose of this action is to provide transportation services
for public school students and students with disabilities who may require
placement in a nonpublic school to implement their individualized education
program (IEP), as well as those who may require transportation services and
have a Section 504 plan.
Estimate of Economic Impact
I. Summary of Economic Impact. Funding will be provided
directly to local education agencies (LEAs) to use for the transportation of
students with disabilities.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland State Department of
Education
|
(E+)
|
Unknown
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
|
|
|
Local education agencies
|
(R+)
|
Unknown
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
NONE
|
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. The amount of “disabled ridership” funds that the MSDE provides
may increase as more students will be determined to be eligible due to now
having a Section 504 plan with transportation identified as a related service.
This amount is $1,000 per “disabled student” that is transported by an LEA the
last Friday of October.
C. The amount of “disabled ridership” funds that LEAs are eligible
for will increase as more students will be determined to be eligible due to now
having a Section 504 plan with transportation identified as a related service.
This amount is $1,000 per “disabled student” that is transported by an LEA the
last Friday of October.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has an impact on individuals with disabilities
as follows:
Funding will be provided directly to the local education agencies
to use for the transportation of students with disabilities.
Opportunity for Public Comment
Comments may be sent to Gabriel D. Rose, Director, Office of Pupil
Transportation/Emergency Management, Maryland State Department of Education,
200 West Baltimore Street, Baltimore, MD 21201, or call 410-767-0209, or email
to gabriel.rose1@maryland.gov. Comments will be accepted through August 14,
2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the State Board
of Education during a public meeting to be held on September 26, 2023, at 9
a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
.01 Scope.
This chapter applies to enrollment collection requirements for the
calculation of State financial assistance for the 24 public school systems in
Maryland through the foundation program and the compensatory education, [limited
English proficient,] English learner education, special
education, and [disabled student] transportation services grants.
.02 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(7) (text unchanged)
[(8) "Disabled student" means a student requiring
special education services, as defined by the federal Individuals with
Disabilities Education Act.]
[(9)] (8)—[(12)] (11) (text
unchanged)
[(13) "Limited English proficient student" means a
student requiring English language acquisition services, as defined under Title
III of the federal Elementary and Secondary Education Act.]
[(14)] (12)—[(15)] (13) (text
unchanged)
[(16) "Special education student" means a student
requiring special education services, as defined in the federal Individuals
with Disabilities Education Act.]
.05 State Financial Assistance Under the [Limited English
Proficiency] English Learner Education Grant.
A. A [limited English proficient] student may be
counted as eligible for State aid under the [limited English proficiency]
English learner education grant if the student:
(1)—(2) (text unchanged)
(3) Is receiving English language acquisition services, as
defined under Title III of the Federal Elementary and Secondary Education Act,
through a local school system on October 31 of the prior fiscal year.
B.—C. (text unchanged)
.06 State Financial Assistance Under the Special Education Grant.
A. A [special education] student may be counted as
eligible for State aid under the special education grant if the student is:
(1)—(2) (text unchanged)
(3) Receiving special education services, as defined in the
federal Individuals with Disabilities Education Act, on October 1 of the
prior fiscal year.
B.—C. (text unchanged)
.07 State Financial Assistance Under the [Disabled Student]
Transportation Services Grant.
A. A [disabled] student may be counted as eligible
for State aid under the [disabled student] transportation services
grant if:
(1) (text unchanged)
(2) The student is enrolled in a public school [in a local
school system], a school maintained by a State agency, or a nonpublic
school;
(3) [Special transportation] Transportation
services are identified as a related service for a free appropriate public
education in the student's individualized education program or in the
student’s Section 504 plan; and
(4) (text unchanged)
B. The service providing local school system may include a student
enrolled as the result of an out-of-county living arrangement under Education
Article, §4-122, Annotated Code of Maryland, in its count for the purpose of
calculating State aid under the [disabled student] transportation
services grant if the student meets all other eligibility requirements.
C. If a local school system provides services to a nonlocal
resident student under Education Article, §4-121, Annotated Code of Maryland,
the local school system may include the nonlocal resident student in its
enrollment count for the purpose of calculating State aid under the [disabled
student] transportation services grant if the student meets all
other eligibility requirements.
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Subtitle 07 SCHOOL PERSONNEL
13A.07.06 Programs for Professionally
Licensed Personnel
Authority: Education Article,
§§1-303(2)(ii) and (iii), 2-205,
6-120, 6-121,
6-126, 6-704, and 11-208,
Annotated Code of Maryland
Notice of Proposed Action
[23-075-P-I]
The Professional Standards and Teacher Education Board proposes to
repeal existing Regulation .01 under
existing COMAR 13A.07.06 Programs for
Professionally Certified Personnel and adopt new Regulations .01—.15 under COMAR 13A.07.06 Programs for Professionally Licensed Personnel.
This action was considered by the Professional Standards and Teacher Education
Board at its meeting on December 1, 2022, and the State Board of Education at
its meeting on January 24, 2023.
Statement of Purpose
The purpose of this action is to adopt regulations in accordance
with The Blueprint for Maryland’s Future and the Teacher Induction, Retention,
and Advancement Final Report (2017).
Estimate of Economic Impact
I. Summary of Economic Impact. Education Article, §11-208,
Annotated Code of Maryland, defines the Department’s role in paying for fees
and partial expenses associated with national accreditation. The fee for
National Accreditation by the Council for the Accreditation of Educator Preparation
(the most prevalent organization) can be as much as $6,890 per Institution,
annually. The expenses associated with monitoring visits, which occur every 5—7
years, include $2,435 (fee) per reviewer for a total of five reviewers, $850
per person for travel costs, and on-site expenses to include meals, supplies,
and technology. The estimated cost per visit is approximately $18,000. There
are currently 23 institutions of higher education that offer educator
preparation programs in Maryland and may choose to become nationally accredited
under Education Article, §11-208, Annotated Code of Maryland.
These regulations pertain to the requirements for the approval and
operation of educator preparation programs leading to educator licensure in
Maryland. While the MSDE believes that these requirements can be met with
minimal impact to the institutions of higher education, public comment from
those institutions has indicated that offering a practicum equivalent to a full
school year will fiscally impact their operations as it relates to the opening
of dorms and providing the necessary supports to the educators participating in
the internship.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland State Department of
Education
|
(E+)
|
Unknown
|
|
B. On other State agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Teachers
|
(+)
|
Unknown
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. If all 23 institutions of higher education choose to become
nationally accredited, the State is obligated to pay the fees for accreditation
and half the expenses associated with accreditation. The estimated cost per
institution is $6,890 per year, and $9,000 per institution every 5—7 years
depending on when the accreditation must be renewed.
F. Requiring educator preparation programs to align to national
standards and be accountable for providing a full-year practicum will result in
a better-qualified, more diverse teacher workforce.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Alexandra Cambra, Director of Program
Approval, Division of Educator Certification and Program Approval, Maryland
State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201,
or call 410-767-0564, or email to alexandra.cambra@maryland.gov. Comments will
be accepted through August 14, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the
Professional Standards and Teacher Education Board during a public meeting to be held on October
5, 2023, at 9:30 a.m., at 200 West Baltimore Street, Baltimore, MD 21201.
Editor’s Note on Incorporation by Reference
Pursuant to State
Government Article, §7-207, Annotated Code of Maryland, the following have been
declared documents generally available to the public and appropriate for
incorporation by reference. For this reason, they will not be printed in the
Maryland Register or the Code of Maryland Regulations (COMAR). Copies of these
documents are filed in special public depositories located throughout the
State. A list of these depositories was published in 50:1 Md. R. 7 (January 13,
2023), and is available online at www.dsd.state.md.us. These documents may also
be inspected at the office of the Division of State Documents, 16 Francis
Street, Annapolis, Maryland 21401.
(1) Professional Standards for Educational Leaders (PSEL),
National Policy Board for Educational Administration (NPBEA), 2015.
(2) Program Recognition Standards: District Level, National
Educational Leadership Preparation (NELP), 2018.
(3) ISTE Standards for Educational Leaders, International
Society for Technology in Education (ISTE), 2018.
(4) Ensuring Quality in Early Childhood Education Professional
Preparation Programs: NAEYC’s Early Childhood Higher Education Accreditation
Standards, 2021.
(5) CAEP 2018 K-6 Elementary Teacher Preparation Standards,
Council for the Accreditation of Educator Preparation (CAEP), 2018.
(6) National Council of Teachers of English (NCTE) Standards
for the Initial Preparation of Teachers of English Language Arts 7–12, 2021.
(7) Maryland College and Career Ready (MCCR) Standards for
English Language Arts/Literacy, 2014.
(8) Standards for
Mathematical Practice, Common Core State Standards Initiative, 2010.
(9) Standards for Mathematics Teacher Preparation, National
Council of Teachers of Math (NCTM), 2020.
(10) Middle Level Teacher Preparation Standards with Rubrics
and Supporting Explanations, Association for Middle Level Education (AMLE),
2022.
(11) Standards for Science Teacher Preparation, National
Science Teachers Association (NSTA), 2020.
(12) Disciplinary Core Ideas (DCI) Arrangements of the Next
Generation Science Standards, Next Generation Science Standards (NGSS), 2017.
(13) Initial Practice-Based Professional Preparation Standards
for Special Educators, Council for Exceptional Children (CEC), 2020.
(14) Initial Practice-Based Standards for Early
Interventionists/Early Childhood Special Educators, Council for Exceptional
Children (CEC), 2020.
(15) Knowledge and Practice Standards for Teachers of Reading,
International Dyslexia Association (IDA), 2018.
(16) Standards for School-Based Agricultural Education Teacher
Preparation Programs, American Association for Agricultural Education (AAAE),
2017.
(17) Business Teacher Education Curriculum Guide and Program
Standards, National Business Education Association (NBEA), 2013.
(18) Standards for Computer Science Teachers, Computer Science
Teachers Association (CSTA), 2020.
(19) Standards for Technological and Engineering Literacy: The
Role of Technology and Engineering in STEM Education, International Technology
and Engineering Educators Association (ITEEA), 2021.
(20) National Standards for Teachers of Family And Consumer
Sciences, National Association of State Administrators of Family and Consumer
Sciences (NASAFACS), 2018.
(21) National Core Arts Standards: Theatre, National Coalition
for Core Arts Standards, 2014.
(22) National Standards for the Preparation of Social Studies
Teachers, National Council for Social Studies (NCSS), 2017.
(23) Handbook, National Association of Schools of Theatre
(NAST), 2022—2023.
(24) NAGC — CEC Teacher Preparation Standards in Gifted and
Talented Education, National Association for Gifted Children (NAGC) — Gifted
and Talented Specialist: Council for Exceptional Children (CEC); The
Association for the Gifted (TAG), 2013.
(25) Introduction to the 2016 CACREP Standards, Council for
Accreditation of Counseling & Related Educational Programs (CACREP), 2016.
(26) ASCA Standards, American School Counselor Association
(ASCA), 2019.
(27) Standards Framework for Learners, American Association of
School Librarians (AASL), 2018.
(28) Standards for Accreditation of Master’s Programs in
Library and Information Studies, Adopted by the Council of the American Library
Association (ALA), 2015.
(29) Standards for the Preparation of Literacy Professionals,
International Literacy Association (ILA) Standards for the Preparation of
Literacy Professional, 2017.
(30) Standards for Graduate Preparation of School
Psychologists, National Association of School Psychologists (NASP), 2010.
(31) Standards for School Social Work Services, National
Association of Social Workers (NASW), 2012.
(32) ACTFL/CAEP Program Standards for the Preparation of
Foreign Language Teachers, American Council on the Teaching of Foreign
Languages (ACTFL)/ Council for the Accreditation of Educator Preparation
(CAEP), 2013.
(33) Standards for Learning American Sign Language: A Project
of the American Sign Language Teachers Association, American Sign Language
Teachers Association (ASLTA), 2018.
(34) Standards for Art Teacher Preparation, National Art
Education Association (NAEA), 2009.
(35) National Association of Schools of Music (NASM), Handbook
2022—2023.
(36) National Core Arts Standards: Dance, National Coalition
for Core Arts Standards, 2014.
(37) National Core Arts Standards: Music, National Coalition
for Core Arts Standards, 2014.
(38) National Core Arts Standards: Visual Arts, National Coalition
for Core Arts Standards, 2014.
(39) SOPHE 2019 Health Education Teacher Preparation Standards,
Society for Public Health Education (SOPHE), 2019.
(40) National Standards for Initial Physical Education Teacher
Education, Society of Health and Physical Educators (SHAPE), 2018.
(41) Standards for Initial TESOL Pre-K—12 Teacher Preparation
Programs, Teaching English to Speakers of Other Languages (TESOL), 2018.
(42) WIDA’s English Language Development Standards,
Kindergarten—Grade 12, WIDA, 2020.
(43) Standards for Educators, International Society for
Technology in Education (ISTE), 2017.
(44) Model Core Teaching Standards and Learning Progressions
for Teachers 1.0, Interstate Teacher Assessment and Support Consortium
(InTASC), 2013.
(45) Model Code of Ethics for Educators (MCEE), National
Association of State Directors of Teacher Education and Certification, 2021.
(46) Social Justice Standards: The Teaching Tolerance Anti-Bias
Framework, Teaching Tolerance, A Project of the Southern Poverty Law Center,
2018.
.01 Purpose.
This chapter sets the
standards that MSDE uses to issue an approval document to an entity that is
responsible for governing and operating an educator preparation program, either
traditional or alternative, for the training of educators in the knowledge,
skills, and disposition required to understand and teach the Maryland
Curriculum Frameworks as licensed educators in the State.
.02 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Accreditation”, also
referred to as "national accreditation", means a teacher education
program has met standards set by a national accrediting agency recognized by
the Department and the Commission.
(2) “Action research” means a
deliberate, solution-oriented investigation to enhance student achievement that
is conducted by the teacher candidate, under the guidance of a mentor teacher
and clinical faculty.
(3) “Alternative teacher
preparation program” means a sequence of courses established by a county board
and approved by the State Superintendent that leads to a participant receiving
a resident teacher certificate issued by the Department and includes teaching
assignments with supervision and mentoring by a qualified teacher.
(4) “Approval” means a
program has met all requirements set by the Department.
(5) “Approval with
conditions” means a program has met some, but not all, requirements set by the Department
and may operate under certain circumstances.
(6) “Candidate” means an
individual enrolled in an educator preparation program who is preparing for or
serving in a position as an educator in schools that educate students in
preschool through grade twelve.
(7) “Clinical experience”
means guided, hands-on, practical applications and demonstrations of a
candidate’s professional knowledge and the application of theory through
collaborative and facilitated learning, including in the practicum and in field-based
assignments, tasks, activities, and assessments across a variety of settings.
(8) “Clinical mentor” means a
highly competent teacher, trained and selected by the partner school, who will
work to instill in the participant the skills, attitudes, values, and knowledge
necessary for the next generation of teachers.
(9) “Clinical supervisor”
means an individual employed by the education preparation provider who oversees
a candidate, is trained or experienced in the field in which the individual is
supervising, and is trained to work with and provide feedback to candidates.
(10) “Commission” means the
Maryland Higher Education Commission.
(11) “Completer” means the
candidate has met exit requirements outlined in Regulation .08E of this chapter.
(12) “Department” means the
Maryland State Department of Education.
(13) “Educator preparation
program (program)” means either a traditional or alternative Maryland-approved
sequence of courses and experiences required to train candidates to become
licensed educators in a specific area.
(14) “Educator preparation
provider (provider)” means an accredited college, university, or other
post-secondary institution, public or private educational association, local
school system, corporation, or institution approved to operate traditional or
alternative educator training programs in Maryland.
(15) “Entrance” means
matriculation into a program.
(16) “Exit” means completion
of a program.
(17) “Focused revisit” means
the subsequent review by the Department of a program that holds the status of
approved with conditions or probation.
(18)
"Institution of higher education" means a place of postsecondary
education that generally limits enrollment to graduates of secondary schools,
and awards degrees at either the associate, baccalaureate, or graduate level.
(19) "Interstate
Certification Compact (ICC)" means a legal agreement with other states to
facilitate the certification of out-of-State teachers and other professional
educational personnel as authorized by Education Article, Title 6, Subtitle 6,
Annotated Code of Maryland, or as otherwise provided by law.
(20) “Local school system
(LSS)” means a Maryland public local education agency, a State-operated school,
or a nonpublic school.
(21) “Maryland
Teacher-Principal Evaluation” means an assessment framework for the performance
of teachers, administered annually by the local school system, a State-operated
school, or a nonpublic school, and recommended by the State.
(22) “Mentor teacher” means a
highly competent educator, trained and selected by the partner school, who will
work to instill in the participant the skills, attitudes, values, and knowledge
necessary for the next generation of teachers.
(23) “Partner school” means a
local school system, nonpublic school, or nonpublic special education school
that has a written partnership agreement with an institution of higher
education or alternative teacher preparation program to provide a teacher
training practicum for participants enrolled in a teacher preparation program
at the institution of higher education or alternative teacher preparation
program.
(24) “Practicum” means the
clinical experiences in which candidates have an increased teaching
responsibility under the guidance of a mentor teacher.
(25) “Probation” means a program
has seriously failed to meet program requirements or has demonstrated a pattern
of noncompliance.
(26)“Professional
development” means a variety of specialized training, formal education, or
advanced learning intended to help administrators, teachers, and other
educators improve their professional knowledge, competence, skill, and
effectiveness.
(27)“Traditional program”
means a sequence of courses for educator preparation that:
(a) Is offered by a college
or university leading to a degree and that includes:
(i) General education and
content coursework;
(ii) Professional coursework;
(iii) Clinical experiences;
and
(iv) Demonstration of
standards and competencies required to prepare educators for teaching students
in the classroom environment; and
(b) On completion, makes
candidates eligible for licensure in Maryland.
.03 Incorporation by
Reference.
In this chapter, the
following documents related to national standards are incorporated by
reference:
A. Administrative or
Supervisory Areas.
(1) Professional Standards
for Educational Leaders (PSEL), National Policy Board for Educational
Administration (NPBEA), 2015.
(2) Program Recognition
Standards: District Level, National Educational Leadership Preparation (NELP),
2018.
(3) ISTE Standards for Educational
Leaders, International Society for Technology in Education (ISTE), 2018.
B. Early Childhood/Elementary
Areas.
(1) Ensuring Quality in Early
Childhood Education Professional Preparation Programs: NAEYC’s Early Childhood
Higher Education Accreditation Standards, 2021.
(2) CAEP 2018 K-6 Elementary
Teacher Preparation Standards, Council for the Accreditation of Educator
Preparation (CAEP), 2018.
C. English.
(1) National Council of
Teachers of English (NCTE) Standards for the Initial Preparation of Teachers of
English Language Arts 7–12, 2021.
(2) Maryland College and
Career Ready (MCCR) Standards for English Language Arts/Literacy, 2014.
D. Mathematics.
(1) Standards for
Mathematical Practice, Common Core State Standards Initiative, 2010.
(2) Standards for Mathematics
Teacher Preparation, National Council of Teachers of Math (NCTM), 2020.
E. Middle School Areas.
Middle Level Teacher Preparation Standards with Rubrics and Supporting
Explanations, Association for Middle Level Education (AMLE), 2022.
F. Science.
(1) Standards for Science
Teacher Preparation, National Science Teachers Association (NSTA), 2020.
(2) Disciplinary Core Ideas
(DCI) Arrangements of the Next Generation Science Standards, Next Generation
Science Standards (NGSS), 2017.
G. Special Education.
(1) Initial Practice-Based
Professional Preparation Standards for Special Educators, Council for
Exceptional Children (CEC), 2020.
(2) Initial Practice-Based
Standards for Early Interventionists/Early Childhood Special Educators, Council
for Exceptional Children (CEC), 2020.
(3) Knowledge and Practice
Standards for Teachers of Reading, International Dyslexia Association (IDA),
2018.
H. Secondary Areas.
(1) Standards for
School-Based Agricultural Education Teacher Preparation Programs, American Association
for Agricultural Education (AAAE), 2017.
(2) Business Teacher
Education Curriculum Guide and Program Standards, National Business Education
Association (NBEA), 2013.
(3) Standards for Computer
Science Teachers, Computer Science Teachers Association (CSTA), 2020.
(4) Standards for
Technological and Engineering Literacy: The Role of Technology and Engineering
in STEM Education, International Technology and Engineering Educators
Association (ITEEA), 2021.
(5) National Standards for
Teachers of Family And Consumer Sciences, National Association of State
Administrators of Family and Consumer Sciences (NASAFACS), 2018.
(6) National Core Arts
Standards: Theatre, National Coalition for Core Arts Standards, 2014.
(7) National Standards for
the Preparation of Social Studies Teachers, National Council for Social Studies
(NCSS), 2017.
(8) Handbook, National
Association of Schools of Theatre (NAST), 2022—2023.
I. Specialist Areas.
(1) NAGC — CEC Teacher
Preparation Standards in Gifted and Talented Education, National Association
for Gifted Children (NAGC) — Gifted and Talented Specialist: Council for
Exceptional Children (CEC); The Association for the Gifted (TAG), 2013.
(2) Introduction to the 2016
CACREP Standards, Council for Accreditation of Counseling & Related
Educational Programs (CACREP), 2016.
(3) ASCA Standards, American
School Counselor Association (ASCA), 2019.
(4) Standards Framework for
Learners, American Association of School Librarians (AASL), 2018.
(5) Standards for
Accreditation of Master’s Programs in Library and Information Studies, Adopted
by the Council of the American Library Association (ALA), 2015.
(6) Standards for the
Preparation of Literacy Professionals, International Literacy Association (ILA)
Standards for the Preparation of Literacy Professional, 2017.
(7) Standards for Graduate
Preparation of School Psychologists, National Association of School
Psychologists (NASP), 2010.
(8) Standards for School
Social Work Services, National Association of Social Workers (NASW), 2012.
J. Specialty Areas (PreK—12).
(1) ACTFL/CAEP Program
Standards for the Preparation of Foreign Language Teachers, American Council on
the Teaching of Foreign Languages (ACTFL)/ Council for the Accreditation of
Educator Preparation (CAEP), 2013.
(2) Standards for Learning
American Sign Language: A Project of the American Sign Language Teachers
Association, American Sign Language Teachers Association (ASLTA), 2018.
(3) Standards for Art Teacher
Preparation, National Art Education Association (NAEA), 2009.
(4) National Association of
Schools of Music (NASM), Handbook 2022—2023.
(5) National Core Arts
Standards: Dance, National Coalition for Core Arts Standards, 2014.
(6) National Core Arts
Standards: Music, National Coalition for Core Arts Standards, 2014.
(7) National Core Arts
Standards: Visual Arts, National Coalition for Core Arts Standards, 2014.
(8) SOPHE 2019 Health
Education Teacher Preparation Standards, Society for Public Health Education
(SOPHE), 2019.
(9) National Standards for
Initial Physical Education Teacher Education, Society of Health and Physical
Educators (SHAPE), 2018.
(10) Standards for Initial
TESOL Pre-K—12 Teacher Preparation Programs, Teaching English to Speakers of
Other Languages (TESOL), 2018.
(11) WIDA’s English Language
Development Standards, Kindergarten—Grade 12, WIDA, 2020.
K. General Teaching.
(1) Standards for Educators,
International Society for Technology in Education (ISTE), 2017.
(2) Model Core Teaching
Standards and Learning Progressions for Teachers 1.0, Interstate Teacher Assessment
and Support Consortium (InTASC), 2013.
(3) Model Code of Ethics for
Educators (MCEE), National Association of State Directors of Teacher Education
and Certification, 2021.
(4) Social Justice Standards:
The Teaching Tolerance Anti-Bias Framework, Teaching Tolerance, A Project of
the Southern Poverty Law Center, 2018.
.04 State Consent to Offer
Programs.
A. An individual, public or
private educational association, corporation, or institution of higher
education may not offer an educator preparation program without obtaining the
permission of the Commission and the Department by meeting the requirements of
this chapter.
B. The Department may allow a
provider to operate an educator preparation program if:
(1) The Commission has
granted a Maryland institution preparing educators approval to operate in
Maryland as applicable; and
(2) The provider obtains and
continues to hold accreditation from a national accreditation organization
recognized by the Department and the Commission, or meets the approval requirements
as outlined in this chapter.
.05 National Accreditation.
A. In this regulation,
“national accreditation” means teacher education accreditation by an
accrediting agency recognized by the Department and the Commission.
B. A provider does not need
to meet State approval standards if it holds and maintains accreditation from a
national accrediting agency recognized by the Department and the
Commission.
C. A provider shall notify
the Department when it applies to a national accreditation organization
recognized by the Department and the Commission.
D. A provider shall operate
its program in a manner that is consistent with the requirements of the
national accrediting agency.
E. A provider shall submit to
the Department proof of accreditation with supporting documentation within 30
calendar days after receiving it.
F. A provider shall notify
the Department within 15 calendar days of any change in a program’s
accreditation status.
G. Programs that have chosen
national accreditation may be reviewed by their accrediting organization at the
request of the Department.
H. The Department may
investigate complaints regarding any aspect of a program separate from any
review conducted by the national accrediting agency.
I. A provider that holds
national accreditation shall inform the Department in writing at least 90
calendar days before a program stops operating and provide an exit plan for
current students that includes notification to those students.
J. A provider of a program
that holds national accreditation shall submit reporting requirements outlined
in Regulation .10A(5) of this chapter.
K. The Department shall pay:
(1) Any fee that a national
accrediting agency charges an institution of higher education in connection
with the accreditation process;
(2) Any training fee that a
national accrediting agency charges a State representative who serves with a
review team of an accrediting agency in conjunction with an accreditation visit
to an institution of higher education in the State; and
(3) One-half of the expenses
incurred by an institution of higher education in connection with the
accreditation visit of a review team of a national accrediting agency.
.06 Application for State
Approval.
A. Application for State
Approval for Traditional and Alternative Programs.
(1) A provider shall submit
an application for new program approval to the Department that includes the
following:
(a) A description of the
program and other administrative information, including the plan for
implementing Department-mandated program components as defined in Regulation
.07 of this chapter;
(b) A plan to recruit
racially and ethnically diverse candidates; and
(c) Documentation that the
program is aligned to national content standards, or documentation of the
process required in Regulation .07C when national content standards are not
available, including:
(i) A needs assessment
demonstrating the demand for program completers in the employment market and
demand by potential candidates, which may be met by documentation provided to the
Commission;
(ii) The curriculum for the
program and a course sequence chart, including syllabi for any new courses;
(iii) Descriptions of the
expected outcomes of the programs and how those outcomes will be assessed;
(iv) Key assessments in the program, using rubrics
aligned to national content standards and Maryland-approved PreK—12
competencies;
(v) Vitae for all faculty
administering or delivering instruction in the program; and
(vi) Descriptions of
materials, media, and resources available for the program, and how technology
is integrated into the curriculum or program.
(2) A provider shall notify
the Department not later than 6 months before applying for State approval.
B. The Department shall issue
a letter of approval to the provider to begin operation of a program or
programs when the provider has met the requirements of this chapter.
C. The Department shall
include the following in the approval letter:
(1) Name of the provider;
(2) Location of the provider;
(3) List of programs leading
to certification;
(4) Description of degree or
degrees, and certificates awarded on completion of the program; and
(5) Length of approval.
D. A provider shall operate
its program in a manner that is consistent with the specifications in its
approval letter and the requirements of this chapter.
E. If a provider plans a
change in operation that is inconsistent with the specifications in its
approval letter, the provider shall notify the Department in writing not later
than 6 months before the intended change and include a letter from the
Commission indicating approval of the change, if required by the Commission.
F. A provider may not
implement a change in the operation of a program until the Department has been
notified and has determined whether a change to the approval letter is
required.
G. The Department may not
approve a change in an approval letter under any of the following
circumstances:
(1) The program status is
approval with conditions, unless the provider provides sufficient evidence that
the change is necessary to meet all approval requirements;
(2) The program is on
probation;
(3) The program has not filed
its annual report with the Department;
(4) The Department is
investigating a written complaint alleging that the provider’s program is in
violation of one or more regulations under this chapter, unless the change is
necessary to bring the program into compliance with this chapter; or
(5) The Department is
implementing procedures and sanctions as specified in Regulation .11 of this
chapter.
H. The Department shall
notify a provider that a requested change may not be implemented in writing
within 30 days of the date of the written request.
I. A provider shall inform
the Department in writing not later than 90 calendar days before a program
stops operating and provide an exit plan for current students that includes
notification to those students.
J. The approval letter is
void if:
(1) The provider stops
operating a program; or
(2) The State Superintendent
issues a final order requiring the program to stop operations.
.07 State Program Approval
Process.
A. Requirements for
Traditional and Alternative Programs.
(1) A provider may seek
approval for a new program, or a new specialization in a currently operating
program area, if the documentation submitted contains sufficient justification
to warrant the program or new specialization, and has been approved by the
Commission.
(2) Where a provider seeks
first-time approval for a program, the Department may conduct annual monitoring
and a full review of the program or programs within the first 2 years of
operation and may also conduct an on-site review if considered necessary by the
Department to confirm information in the application.
(3) The Department shall
approve or reject the proposal for a new program and notify representatives of
the provider, in writing, of the decision.
(4) A new program may not
admit candidates to the program until the Department has provided approval.
B. Special Requirements for
Alternative Programs.
(1) In addition to meeting
the requirements found in §A of this regulation, a provider of an alternative
program shall provide at least 4 weeks of professional development before the
candidate assumes full responsibility of the classroom.
(2) The provider shall ensure
this professional development includes, but is not limited to, pre-employment
training, initial coursework, pedagogy, and pre-practicum experiences.
C. Program Approval Process
Where No National Content Standards Are Available.
(1) As part of the approval
process for proposed programs for which there are no national content
standards, the Department shall review the program application, and may also
conduct an on-site review if considered necessary by the Department to confirm
information in the application.
(2) A program approved under
this section shall complete all requirements in §A to receive program approval.
(3) At least 6 months before
requesting program approval, a provider shall notify the Department of its
intent to initiate the review process for a program for which there are no
national content standards.
(4) At least 6 months before
the approval is requested, the provider shall submit the application for
approval to the Department.
(5) The provider shall ensure
this application includes:
(a) A description of the
proposed program;
(b) A detailed description
and outline of proposed program content and coursework; and
(c) Identification of
national content standards most closely related and relevant to the proposed
program.
.08 State Program Approval
Requirements.
A. Entry Requirements for
Teacher Preparation Programs.
(1) A provider of a
traditional program shall require candidates to have a grade point average
(GPA) of at least 3.0 on a 4.0 scale during the most recent 2 years of the
candidate’s post-secondary education or demonstrate mastery of general
knowledge by providing evidence of a qualifying score, as established by the
State Superintendent of Schools and as approved by the State Board of Education
(SBOE), on a basic skills assessment.
(2) A provider of an
alternative program shall require candidates to submit:
(a) A GPA of at least 3.0 on
a 4.0 scale at the post-secondary level, or demonstrate mastery of general
knowledge by providing evidence of a qualifying score, as established by the
State Superintendent of Schools and as approved by the SBOE, on a basic skills
assessment; and
(b) Evidence of one of the
following:
(i) A conferred bachelor’s
degree or higher with a major related to the program licensure area;
(ii) A conferred bachelor’s
degree or higher with a minimum of 24 semester hours of credit related to the
licensure area; or
(iii) A conferred bachelor’s
degree or higher and evidence of a qualifying score on an approved content
assessment, as established by the State Superintendent of Schools and as
approved by the SBOE.
B. Waiver of Entry
Requirements.
(1) A provider of a program
may waive the entrance requirement for up to 10 percent of the candidates
admitted in an annual cohort.
(2) A provider of a program
shall implement strategies to ensure that candidates admitted under a waiver
receive assistance to successfully demonstrate the required standards and
competencies and meet requirements for licensure on exit from the program.
C. Standards and
Competencies.
(1) A provider shall ensure
that its teacher preparation programs provide the following for all candidates:
(a) Instruction and
experiences in the core academic subjects that the teacher will be teaching,
aligned with Maryland-recognized national content and pedagogy standards listed
under Regulation .03A of this chapter;
(b) Instruction and experiences
aligned with Department-approved competencies under Regulations .12—.15 of this
chapter;
(c) Instruction in the
Department-approved Model Code of Ethics for Educators;
(d) Instruction in teaching
in high poverty, culturally diverse, and linguistically diverse schools under
Regulation .15 of this chapter; and
(e) Instruction in
research-based literacy instruction aligned to the science of reading for the
grade level the individual will be teaching.
(2) A provider of a teacher
preparation program leading to licensure in early childhood education,
elementary education, English as a Second Language, and special education
shall:
(a) Provide coursework
demonstrating coverage of research-based literacy instruction aligned to the
science of reading including phonemic awareness, phonics, vocabulary, fluency,
and comprehension;
(b) Use high-quality
curricula and materials that accurately detail the principles of scientifically
based reading practices;
(c) Provide opportunities for
candidates to demonstrate mastery of reading instruction through in-class
assignments, tests, and instructional practice; and
(d) Prepare candidates to
interpret reading assessment data to identify students with reading
difficulties and inform instruction.
(3) A provider shall ensure that programs
preparing candidates for licensure in early childhood and elementary education
provide content instruction in each of the following:
(a) English language arts;
(b) Social studies;
(c) Math; and
(d) Science.
(4) Programs for Specialists.
The Department shall approve specialists programs according to the national
standards listed in Regulation .03A of this chapter.
(5) Programs for
Administrators.
(a) The Department shall
approve administrator programs according to the national standards listed in
Regulation .03A of this chapter.
(b) A provider of a program
that offers courses in school administration shall:
(i) Develop a method for
evaluating the potential of candidates to be effective school leaders;
(ii) Develop a curriculum to
enable candidates to organize and manage both schools and highly skilled
professionals in a professional work environment, and achieve effective peer
observations and effective evaluations of other personnel;
(iii) Include clinical
experiences and assessments that measure competencies established in the
program curriculum; and
(iv) Include instruction in research-based
literacy instruction aligned to the science of reading.
D. Clinical Experiences.
(1) Each participant in an
undergraduate, graduate, or alternative teacher preparation program shall
complete a teacher training practicum as a requirement for program completion.
(2) A provider shall ensure
that a teacher training program incorporates classroom observations in which
the candidate is observed in different school settings at the beginning of the
program to assist in determining if the candidate has the aptitude and
temperament for teaching.
(3) A teacher training
practicum may be completed consecutively or over the course of the program.
(4) Before July 1, 2025, a
provider shall ensure that a teacher preparation program has a required
practicum of a minimum of 100 days.
(5) Minimum Required Practicum.
(a) Beginning on July 1,
2025, a provider shall ensure that:
(i) An undergraduate teacher
preparation program has a required practicum equivalent to a full school year;
(ii) A graduate teacher
preparation program has a required practicum of a minimum of 100 days; and
(iii) An alternative teacher
preparation program has a required practicum equivalent to a full school year.
(b) Exception. Where an
alternative teacher preparation program operating in Maryland on or before July
1, 2021, provides effective and diverse teachers in schools and local school
systems, as approved by the State Superintendent, and has high rates of teacher
vacancies, teacher turnover, and new teachers relative to other public schools
in Maryland, a provider shall ensure that this program has a required practicum
of a minimum of 100 days.
(6) A provider shall ensure
collaboration with mentor teachers of a partner school to evaluate participants
in a teacher training practicum and ensure each participant demonstrates the
competencies required of licensed teachers.
(7) Special Requirements for
Alternative Teacher Preparation Programs. A provider shall ensure that a
teacher training practicum in an alternative teacher preparation program
includes, at a minimum, the following content:
(a) Preparing lesson plans;
(b) Teaching;
(c) Debriefing;
(d) Observation of a class of
students to which the participant is assigned as a student teacher; and
(e) 40 hours of teaching
during class periods.
(8) A provider shall ensure
that a program leading to licensure in an area of teaching includes a practicum
experience in a partner school and:
(a) Is located in a Maryland
public school, a nonpublic school, or an out-of-State school with the
permission of the State Superintendent;
(b) Is aligned with program
curricula that encompass the area, subject, or category of licensure being
sought by candidates, including opportunities to provide reading instruction
for those candidates enrolled in early childhood, elementary, special
education, and ESOL programs;
(c) Provides candidates
on-site supervision by a mentor teacher and ongoing support by a clinical
supervisor from the provider, including:
(i) Documented observations;
(ii) Collaboration between
clinical supervisors and mentor teachers to evaluate candidates for
demonstration of required competencies;
(iii) Observations and
evaluations of candidates, aligned to a Department-approved educator evaluation
system; and
(iv) Feedback, placement,
remediation, or supports, informed by candidate evaluation; and
(d) Ensures candidates are
responsible for the instruction and classroom management of a roster of
students for a minimum of 150 hours during the practicum.
(9) A provider shall ensure
that a program for administrators includes supervised clinical experience
totaling a minimum of 240 hours distributed within the program to include
observations and evaluations of candidates aligned to a Department-approved
administrator evaluation system.
(10) A provider shall ensure
that a program for specialists includes a supervised clinical experience in the
specialty area being pursued.
E. Exit Requirements.
(1) A provider shall
establish exit requirements for programs that:
(a) Demonstrate successful
completion of required coursework that is based on Department-recognized
national content standards and Department-approved competencies;
(b) Demonstrate successful
completion of the clinical experience outlined in Regulation .08D of this
chapter; and
(c) Beginning on July 1,
2025, obtain a qualifying score on a nationally recognized and nationally
scored portfolio-based assessment of teaching ability, as established by the
State Superintendent of Schools and as approved by the State Board of
Education, in teaching areas only.
(2) Candidates who complete
an approved program in the State who passed an approved portfolio-based
assessment will not be required to take the assessment more than one time.
F. Credit Requirements.
(1) A provider shall ensure
that a program leading to a bachelor’s degree is a 4-year program and award 120
credits, unless otherwise permitted by law.
(2) A provider may expand the
program by no more than 12 semester hours of credit or an additional semester
only with the permission of the Department and the Commission.
.09 Clinical Experience
Placements.
A. A partner school and a
provider shall establish a teacher training practicum through a written
partnership agreement, as follows:
(1) The provider of a program
shall prioritize selecting partner schools within its same community;
(2) The provider of a program
and a partner school shall seek to provide teacher training placements in a
variety of school environments with diverse student populations that provide
participants with the same kind of experiences as teachers employed in the
State; and
(3) The instructional program
and work organization of a partner school located in a local school system
shall reflect the career ladder once the Accountability and Implementation
Board determines that the career ladder system is well established throughout
the State.
B. A clinical mentor teacher
shall:
(1) Be a highly competent
teacher demonstrated by evidence of impacting student achievement;
(2) Be trained and selected
by the partner school;
(3) Hold a professional
Maryland educator license;
(4) Have the skills and
knowledge needed to mentor teacher training practicum participants and to
instill the skills, attitudes, values, and knowledge necessary for the next
generation of teachers;
(5) Provide opportunities for
teacher training practicum participants in guided, hands-on, practical
applications and demonstrations of a candidate’s professional knowledge while
applying educational theory through collaborative and facilitated learning
tasks, activities, and assessments;
(6) Have teaching and release
time per the implementation of the county board approved career ladder to
mentor candidates and lead workshops and demonstrations at the school level;
(7) Collaborate with the
educator preparation program to evaluate participants in a teacher training
practicum to ensure each participant demonstrates the competencies required of
certified teachers; and
(8) Be selected using the
following criteria:
(a) From the career ladder
system, as applicable, when the Accountability and Implementation Board
determines that the career ladder system is well established throughout the
State;
(b) Until the Accountability
and Implementation Board makes a determination that the career ladder is well
established, meet the requirements of §B(1)—(7) of this regulation; and
(c) A partner school may
select a clinical mentor who is not on the career ladder if the partner school
can demonstrate the need to justify the selection.
C. Program Collaboration with
Clinical Experience Placements.
(1) The provider of the
program shall collaborate with the partner school to provide the mentor
teacher:
(a) Initial training on best
practices in coaching, mentoring, and reflective strategies; and
(b) Additional professional
development to support mentor teachers.
(2) The provider of the
program shall collaborate with mentor teachers to ensure teacher candidates
demonstrate the teacher competencies established in Regulations .12—.15 of this
chapter.
D. Partner School
Requirements.
(1) A partner school shall:
(a) Assist in finding
teaching training practicum placements, to ensure:
(i) A well-rounded clinical
experience based on student population and geographic location;
(ii) Exposure to
distinguished instructional practices; and
(iii) Placement with a mentor
teacher who meets the requirements outlined in §B of this regulation, and is
professionally licensed in the area in which the candidate is placed; and
(b) Actively collaborate with
programs to ensure mentoring and growth of teacher candidates.
(2) Compensation of Mentor
Teachers.
(a) Partner schools shall
compensate mentor teachers who supervise participants in a teacher training
practicum.
(b) When the career ladder
system is well established throughout the State, as determined by the
Accountability and Implementation Board, the compensation of mentor teachers
will be according to the career ladder system.
E. Action Research.
(1) A provider shall ensure
that all programs require teacher candidates to conduct action research during
the practicum.
(2) Candidates shall present
findings to the partner school and program.
(3) Candidates shall ensure
these findings include the ongoing cycle of problem identification, data
collection, reflection, analysis, and lessons learned for the next cycle.
.10 State Program Reporting.
A. Compliance with Program
Requirements.
(1) A provider shall provide
evidence of adherence to program requirements as outlined in this regulation.
(2) If a provider submits
annual reporting to a national accreditation agency recognized by the Department
and the Commission, the provider shall submit a copy of the annual report to
the Department within 30 calendar days.
(3) A provider shall submit
data and annual reports to the Department demonstrating each program’s
compliance with requirements.
(4) A provider shall ensure
the annual reports include documentation of compliance with the following
measures:
(a) Entry requirements as
stated in Regulation .08A of this chapter;
(b) Clinical experience
requirements as stated in Regulation .08D of this chapter;
(c) Standards and
competencies requirements as stated in Regulation .08C of this chapter;
(d) Exit requirements as
stated in Regulation .08E of this chapter, including candidate passing rates on
performance assessments, as well as rate of program completion, and attrition
data;
(e) Candidate evaluation
requirements as stated in Regulation .08D(8)(c) of this chapter, including
documentation of evaluation processes and remediation policies as defined by
the program; and
(f) The process by which the
provider uses data to continuously improve the program, including, but not
limited to, the recruitment and support of a racially and ethnically diverse
pool of candidates.
(5) A provider shall compile
and report data to the Department for each graduating cohort at the individual
level, including race, ethnicity, and gender, for the most recent 5 years of
program cohorts, on a selection of Department-identified metrics that may
include, at a minimum:
(a) Program completion rates,
including number and demographics of completers, non-completers, and degrees
granted;
(b) Placement in partner
schools by subject area, grade level, LSS employer, and school;
(c) Performance, including
passing rates on Department-approved performance, content, and basic skills
assessments;
(d) Enrollment data,
including candidate residence, and past and projected enrollment in each
program;
(e) Employment of
graduates/completers;
(f) Retention of program
completers through the first 5 years of employment; and
(g) Candidate satisfaction
survey.
B. The Department will
distribute to providers a copy of the Maryland Curriculum Frameworks for
prekindergarten through 12th grade on an annual basis to ensure content,
composition, and expectations of teachers are current.
.11 State Program Renewal,
Oversight, and Revocation.
A. Program Review.
(1) The Department shall
review programs every 5 years.
(2) The Department shall
approve programs that meet its requirements and standards for 5 years.
(3) Programs that fail to
meet all the requirements and standards addressed in this chapter may be
approved with conditions or placed on probation.
(4) Program Extensions.
(a) A provider may request an
extension of the Department’s 5-year review.
(b) A provider shall submit
this request in writing at least 180 calendar days before the end of the
program’s 5-year approval.
(c) The Department may grant
up to a 1-year extension based on documentation submitted to justify the
extension.
(5) The Department may
monitor or conduct an interim review of a program at any time.
(a) Where this interim review
reveals that a program has seriously failed to meet the standards and
benchmarks or reporting or compliance requirements, or has demonstrated a
pattern of noncompliance, the program may be placed on probation under §C of
this regulation.
(b) If after the 1-year
probation a program fails to make satisfactory progress toward meeting program
standards, reporting requirements, or compliance requirements, the Department
may revoke its approval under §D of this regulation.
(6) Beginning in the 2025—2026
school year, each approved educator preparation program leading to
certification in early childhood education, elementary education, special
education, and ESOL, shall post on its website information describing its
program to prepare teachers to teach reading using evidence-based practices in
literacy programming and instruction aligned to the science of reading.
B. Approval with Conditions.
(1) If the approved program
fails to meet all of the standards and competencies, reporting, or compliance
requirements, it may be approved with conditions for a period of 2 years.
(2) The Department shall
conduct a focused review of a program approved with conditions within 2 years
of the original review.
(3) The Department may extend
a program’s approval with conditions for good cause beyond the original
24-month period.
(4) Programs may continue to
accept candidates for entry while approved with conditions.
(5) Approval with conditions
shall last 2 years unless, through its annual reports, the program supplies
sufficient evidence to meet program approval requirements, after which it may
be removed from approval with conditions after 1 year, granted approval, and
returned to a 5-year review cycle.
(6) A program approved with
conditions shall continue to provide all annual reporting.
(7) If after 2 years a
program has not made satisfactory progress toward meeting Department
requirements and national standards, reporting requirements, or compliance
requirements, the program may be placed on probation or revoked.
C. Probation.
(1) Programs that have
seriously failed to meet the standards and benchmarks or reporting or
compliance requirements, or have demonstrated a pattern of noncompliance, may
be placed on probation.
(2) Programs that do not
submit data or required reports to the Department, or who lose national
accreditation status by revocation or by expiration, may be placed on probation
status or may face immediate revocation of Department approval.
(3) The Department may conduct
a full review within 1 year of the last focused revisit for a program on
probation unless, through annual reporting requirements, the program supplies
sufficient evidence to meet program approval requirements.
(4) Programs may not accept
candidates for entry while on probation.
(5) A program on probation
shall continue to provide all annual reporting to the Department.
(6) Within 30 calendar days
of the notification of probation, the provider shall notify each candidate
individually in writing of the probation of the program, explain what probation
means, and provide documentation of the notification to the Department.
(7) The Department shall
monitor program progress towards meeting the Department requirements and
national standards for the program throughout the probationary period,
including review of required reports and monitoring visits as considered
necessary.
(8) If a program supplies
evidence of meeting all program requirements, the Department may remove it from
probation.
(9) The Department may
request an annual follow-up report with an annual re-visit for institutions
removed from probation.
(10) If after the 1-year
probation a program has not made satisfactory progress toward meeting program
standards, reporting requirements, or compliance requirements, the Department
may revoke its approval.
D. Revocation.
(1) The Department may revoke
its approval if a program fails to meet the standards, reporting requirements,
or compliance requirements set forth by this chapter.
(2) The Department shall
notify the provider in writing of a decision to revoke approval.
(3) On provision of the
notification, the provider shall stop operating the revoked program.
(4) A revoked program may not
recruit or accept new candidates.
(5) Within 30 calendar days
of the notification of revocation, the provider shall notify each candidate
individually, in writing, of the revocation of program approval, explain what
revocation means, and provide documentation of the notification to the
Department.
(6) Candidates enrolled in
the revoked program who have accumulated enough credits to be on track for
program completion within the current academic year may exit.
(7) A provider shall wait 2
years after revocation of a program before it may apply to the Department for
approval of a program that is substantively the same as the one revoked.
E. Appeal.
(1) A provider may request a
hearing to challenge the revocation if the provider files a written request
with the State Superintendent within 20 calendar days of receipt of the notice
of revocation.
(2) The State Superintendent
shall promptly refer the case to the Office of Administrative Hearings.
F. Hearing Procedures.
(1) The hearing procedures
for appeals referred to the Office of Administrative Hearings are in accordance
with the Administrative Procedure Act, State Government Article,
§§10-201—10-226, Annotated Code of Maryland, and with COMAR 28.02.
(2) The Office of
Administrative Hearings shall prepare an official case record as provided in
COMAR 28.02.01.22.
(3) The administrative law
judge shall submit in writing to the State Superintendent a proposed decision
containing findings of fact, conclusions of law, and recommendations, and
distribute a copy of the proposed decision to the parties.
(4) A party objecting to the administrative
law judge’s proposed decision may file exceptions with the State Superintendent
within 15 calendar days from the date of the decision. A party may respond to
the exceptions within 15 calendar days of the date of the exceptions.
(5) If exceptions are filed,
any party may request an opportunity for oral argument before the State
Superintendent before a final decision is made. Each side may present no more
than 15 minutes of oral argument before the State Superintendent.
(6) The State Superintendent
shall make a final decision in writing containing findings of fact and
conclusions of law.
(7) A provider may seek
judicial review of a State Superintendent’s determination under this regulation
as provided by the Administrative Procedure Act, State Government Article,
§10-222, Annotated Code of Maryland.
.12 Teacher Preparation
Competencies: General Competencies.
A. Purpose.
(1) The general teacher
preparation competencies apply to teacher candidates across all content areas
and grade levels, to determine readiness to enter the profession.
(2) The teacher candidate
shall demonstrate essential knowledge and skills of general competencies that
align with current expectations for teacher candidates to exit a program.
B. Required General
Competencies. The teacher candidate shall:
(1) Use evidence-based
research strategies, learning theories, and methods to help improve student
performance;
(2) Use inquiry skills and
methods regularly to collect meaningful data and improve the candidate’s
professional practice;
(3) Incorporate personal
reflection, professionals’ feedback, best practice, and expert opinion to
improve the candidate’s professional practice;
(4) Demonstrate that
knowledge of the learner’s physical, cognitive, emotional, social, and cultural
development is the basis of effective teaching of the following students:
(a) Students from different
racial, ethnic, and socioeconomic backgrounds;
(b) Students for whom English
is not their primary language;
(c) Students with different
learning abilities; and
(d) Students with social and
emotional needs;
(5) Create, build, and
sustain a safe, inclusive learning environment by effectively:
(a) Using trauma-informed
instruction and other approaches to meet social and emotional needs;
(b) Implementing restorative
practices;
(c) Using active listening,
conflict de-escalation to include bullying, and other strategies; and
(d) Managing student
behavior;
(6) Apply multiple, valid
assessment approaches, both formal and informal, modifying when appropriate,
that address a variety of developmental needs, conceptual abilities, curriculum
outcomes, and school goals;
(7) Develop action research
that advances the candidate’s knowledge base, promotes equity, and addresses an
academic need;
(8) Collaborate effectively
with colleagues, families, school professionals, businesses, and social
services agencies to support student development and student achievement;
(9) Apply instructional
supports, including a 504 Plan and an individualized education plan, to support
a student with exceptionalities by providing developmentally appropriate access
to age-level or grade-level instruction, individually and in collaboration with
colleagues;
(10) Evaluate student
behaviors and unique learning needs in the adaption of various learning
environments, such as physical arrangement, student grouping, instructional
intensity, pacing, and embedded assistive technology supports;
(11) Use assistive
technologies ranging from low-tech to high-tech devices or equipment,
materials, and resources to educate individuals whose exceptionalities
interfere with written or verbal communication;
(12) Analyze and use data
derived from assessments to develop intervention plans aligned to the specific
needs of individual students to remedy learning deficits;
(13) Implement Response to
Intervention (RtI), Universal Design for Learning (UDL), and Direct Instruction
(DI) to differentiate instruction;
(14) Implement Specially
Designed Instruction (SDI) to implement the Individualized Education Program
for students with disabilities; and
(15) Effectively use high
quality instructional materials (including online) and adapt existing
curriculum to make it stronger using standards-aligned tools, including the
ability to use digital resources and computer technology.
.13 Teacher Preparation
Competencies: Literacy Competencies.
A. Literacy Competencies for
Secondary and PreK—12 Teaching Areas. Teacher candidates completing programs
that lead to licensure in secondary and PreK—12 content areas shall demonstrate
an understanding of the following competencies:
(1) The Learner and Learning.
The teacher candidate shall:
(a) Define, describe,
explain, and analyze the developmental characteristics of adolescent literary
learners, active independent readers, processes of making meaning, and
motivation and engagement;
(b) Interpret, synthesize,
and apply learning of active independent readers, processes of making meaning,
and motivation and engagement to specific content area instruction;
(c) Define and distinguish
features of diversity and interpret linguistic cultural differences among
adolescent learners;
(d) Examine, evaluate, and
apply learning of inclusive content area literacy environment and instruction
to close achievement gaps;
(e) Describe the
characteristics of a high quality learning environment; and
(f) Construct high quality
learning environments that support individual and collaborative interaction and
engagement.
(2) Content Knowledge. The
teacher candidate shall:
(a) Describe purposes and
opportunities for reading, writing, and communicating within and across content
areas and analyze types of new literacies and their uses for acquiring content
knowledge and student understandings;
(b) Use new literacies for
acquiring and developing content knowledge and student understanding;
(c) Identify and select
appropriate multi-modal sources and resources for inquiry; and
(d) Evaluate and use
discipline-specific processes of inquiry to engage in collaborative problem
solving and critical thinking.
(3) Assessment and
Instruction. The teacher candidate
shall:
(a) Describe guiding
principles and practices and examine assessment types, tools, and purposes for
content literacy assessment;
(b) Select or develop
content-specific assessment tools to evaluate student performance and the
effectiveness of assessment tools for content-specific assessment;
(c) Identify deficits in
reading and develop a plan to address using strategies aligned to the science
of reading to support appropriate interventions;
(d) Examine factors of text
complexity and analyze student data to inform and evaluate instructional
practice;
(e) Synthesize multiple data
points to evaluate and to refine content area instructional practice;
(f) Identify professional and
literacy standards and curricula for lesson development to plan and evaluate
engaging instruction that supports all learners in meeting goals and intended
outcomes;
(g) Use professional and
literacy standards and curricula to plan, implement, and evaluate lessons and
instructional units of study within content areas;
(h) Critique effectiveness of
instruction and design next steps for students and teachers;
(i) Examine research and
theoretical frameworks and investigate evidence-based multi-modal instructional
practices to develop comprehension;
(j) Use evidence-based multi-modal instructional
practices to develop and evaluate comprehension within content areas; and
(k) Examine research and
theoretical frameworks and investigate evidence-based multi-modal instructional
practices for general academic and content specific vocabulary use.
(4) Professional
Responsibility. The teacher candidate
shall:
(a) Examine current trends,
initiatives, and educational reform efforts as relative to content literacy;
(b) Explore professional
dispositions and engage in critical self-reflection to construct a professional
development plan as a content area literacy teacher;
(c) Identify organizational
structures and school-based resources for specific needs; and
(d) Investigate opportunities
for collaboration with families/school/communities and develop leadership
capacities through actively participating in school-based opportunities for
growth and development.
B. Literacy Competencies for
Early Childhood, Elementary, Special Education, and English to Speakers of
Other Languages. Teacher candidates completing programs that lead to licensure
in early childhood, elementary, English to speakers of other languages, and
special education areas shall demonstrate an understanding of the following:
(1) Literacy Processes. The teacher candidate shall:
(a) Identify the component
processes involved in reading and writing aligned to the science of reading;
(b) Apply that knowledge to
understand the reading and writing processes of native English speakers and
English learners;
(c) Describe how key
components of reading and writing processes develop and what biological,
cognitive, linguistic, and sociocultural factors may influence literacy
development;
(d) Identify characteristics
that define evidence-based practices in literacy programming and instruction
aligned to the science of reading;
(e) Use evidenced-based
criteria aligned to the science of reading to select and organize print and
multimedia resources for teaching reading and writing; and
(f) Use a variety of print
and multimedia resources to engage students as readers and writers.
(2) Literacy Instruction in
the Diverse Classroom. The teacher candidate shall:
(a) Develop in their students
the awareness of the sounds made by spoken words;
(b) Systematically map speech
sounds with letters and letter combinations;
(c) Provide extended practice
for reading words to develop fluency;
(d) Provide opportunities for
students to devote energy to the meaning of text to build content vocabulary;
(e) Develop student
understanding of what is being read to them and what they will eventually read
themselves;
(f) Provide instruction
focused on the core components of reading that lead to proficient and motivated
reading behavior for all students;
(g) Provide instruction
focused on the core components of writing that lead to proficient and motivated
writing behavior for all students;
(h) Design speaking and
listening opportunities that lead to more active, equitable, and academically
oriented conversations for all students;
(i) Identify the role of
classroom literacy instruction aligned to the science of reading in a
multi-tiered system of supports and work with colleagues to provide effective
interventions for students who struggle as readers and writers; and
(j) Provide literacy
instruction that reflects and is responsive to the diversity of the classroom
community and promotes all students’ cultural competence through inclusive and
equitable literacy learning opportunities.
(3) Effective Literacy Assessment. The teacher candidate shall:
(a) Identify the foci,
purposes, and features of literacy assessments and application;
(b) Identify and implement a
developmentally appropriate reading screener to determine skill gaps;
(c) Select or design
appropriate diagnostic assessments and
use data from those assessments to determine areas of need, provide targeted
instruction, collaborate with instructional specialists, monitor progress, and
evaluate the effectiveness of literacy instruction; and
(d) Use effective techniques
for communicating assessment information to a variety of stakeholders.
(4) Researched-based literacy
instruction aligned to the science of reading, to include:
(a) Phonological and phonemic
awareness;
(b) Phonics and decoding;
(c) Fluency;
(d) Vocabulary;
(e) Comprehension of literary
and informational text;
(f) Written expression,
spelling, and grammar;
(g) Assessment and
instructional decision-making;
(h) Long-term planning
aligned with the literacy curriculum, student needs, instructional histories,
school/grade level needs;
(i) Effective methods for
promoting the reciprocal relationship between writing and reading;
(j) Strategies that foster
connections to students’ homes and communities; and
(k) Multiple opportunities
for incorporating oral language variation.
.14 Teacher Preparation
Competencies: Math Competencies.
A. Math Competencies. Teacher
candidates seeking licensure to provide mathematics instruction shall
demonstrate the competencies applicable to the area of licensure (PreK—Grade 3;
Grades 1—6; Middle School or High School or both).
B. Content Knowledge. The
teacher candidate shall:
(1) Apply mathematics content
knowledge for teaching within the candidate’s area of licensure;
(2) Candidates prepared to
teach elementary education shall apply content knowledge for each of the four
essential topics: Numbers and
Operations, Algebraic Thinking, Geometry and Measurement, and Data Analysis and
Probability;
(3) Demonstrate conceptual
understanding, proficiency with procedural skills, and the ability to solve
real world problems;
(4) Recognize the coherent
progression of mathematical concepts both within an age/range/grade/course and
across an age/range/grade/course;
(5) Use mathematics to model
real world problems; and
(6) Use precise mathematical
language.
C. Pedagogical Skills. The teacher candidate shall:
(1) Identify the appropriate
sequence of mathematical learning targets for both a unit of study and an
individual lesson;
(2) Construct collaborative
and self-directed learning opportunities that reflect active student engagement
in learning and a growth mindset;
(3) Develop strategies for
responding to anticipated and present student misconceptions;
(4) Design rich mathematical
tasks that help students develop the conceptual understanding, procedural
skills, and the ability to apply the mathematics associated with learning
targets;
(5) Integrate instructional
strategies and teaching aides that enhance the learning of mathematics, such as
multiple representations, manipulatives, calculators, and other technological
aides; and
(6) Recognize productive
struggles and unproductive struggles to promote perseverance and thinking
flexibly.
D. The teacher candidate
shall use multiple assessment tools and evidence-based instructional strategies
to guide the mathematics instructional process.
E. The teacher candidate
shall identify the cognitive process, learning theories, and developmental
strategies related to the teaching and learning of mathematics.
.15 Teacher Preparation
Competencies: Cultural Responsiveness.
A. Culturally Responsive
Teaching. Teacher candidates seeking licensure shall demonstrate the following
competencies:
(1) Preparation to support
culturally, racially, linguistically, and otherwise diverse populations of
students through providing culturally responsive instruction to increase
academic achievement, critical consciousness, and cultural competence; and
(2) Required knowledge and
skills to include application of competencies that support various racial,
ethnic, linguistic, socioeconomic groups through teaching that promotes social
justice and equity, including restorative practices and practices to develop
racial literacy.
B. Cultural Competencies. The
teacher candidate shall:
(1) Identify and apply the
elements of culturally responsive teaching, including academic achievement,
critical consciousness, and knowledge of self and at least one other culture;
(2) Identify and assess how
issues such as racism, sexism, socioeconomic status, immigration, and gender
impact marginalized students, families, and educators on multiple levels by:
(a) Acknowledging their own
biases and inequitable actions; and
(b) Assessing how their own
assumptions, values, and biases may impact their responses to students and
families and result in inequitable actions and practices, and identify
equitable actions and practices;
(3) Demonstrate respect for
students’ cultures by:
(a) Learning about students’
cultural backgrounds;
(b) Seeking purposeful
immersion experiences within groups different from their own;
(c) Communicating high
expectations for students of all identities, including gender, race, ethnicity,
language, socioeconomics, and disability;
(d) Incorporating a variety
of culturally responsive materials that represent and support learning for
diverse populations of children and families; and
(e) Differentiating
instruction with consideration for cultural, linguistic, and academic
diversity;
(4) Examine curriculum and
learning materials for bias and deliver instruction with materials that center
the perspectives and lived experiences of historically marginalized people;
(5) Build a safe and
accessible environment, respectful of all individuals, by:
(a) Providing strategies to
support students with responses to discrimination and negative attitudes
associated with cultural or other differences;
(b) Creating learning
environments that facilitate the active engagement of diverse populations of
students; and
(c) Co-constructing the
values and expectations of the school to incorporate different perspectives,
including those of students, families, and colleagues; and
(6) Build relationships with
families and communities by:
(a) Incorporating families’
perspectives about school culture to create an environment that is inclusive
and respects their values, beliefs, and hopes for their children;
(b) Providing opportunities
for families to be involved in their children’s educational experiences by
communicating regularly, in multiple ways, and including them in the
curriculum;
(c) Integrating family and community-based
funds of knowledge into teaching and learning; and
(d) Providing information
regarding school and community resources that are available for students,
educators, and families, including multilingual resources reflecting students
and families’ heritage languages.
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Notice of Proposed Action
[23-074-P]
The Professional Standards and Teacher Education Board and the
State Board of Education propose to repeal the following existing regulations
under existing Subtitle 12 Certification:
(1) Regulations .01—.14
under COMAR 13A.12.01 General Provisions;
(2) Regulations .01—.29
under COMAR 13A.12.02 Teachers;
(3) Regulations .01—.12
under COMAR 13A.12.03 Specialists;
(4) Regulations .01—.16
under COMAR 13A.12.04 Administrators and Supervisors;
(5) Regulations .01—.08 under
COMAR 13A.12.05 Suspensions
and Revocations; and
(6) Regulations .01—.08
under COMAR 13A.12.06 Professional Standards and Teacher Education Board.
Also, at this time, the Professional Standards and Teacher
Education Board and the State Board of Education propose to adopt the following
new regulations under new Subtitle 12 Educator
Licensure:
(1) Regulations .01—.06
under COMAR 13A.12.01 General
Provisions;
(2) Regulations .01—.08
under COMAR 13A.12.02 Teachers;
(3) Regulations .01—.05
under COMAR 13A.12.03 Professional and
Technical Education and Specialized Areas for Fine Arts;
(4) Regulations .01—.15
under COMAR 13A.12.04 Specialists;
(5) Regulations .01—.15
under COMAR 13A.12.05 Administrators and Supervisors;
(6) Regulations .01—.09
under COMAR 13A.12.06 Disciplinary Actions and Denials; and
(7) Regulations .01—.08
under COMAR 13A.12.05 Professional Standards and Teacher Education Board.
This action was considered by the Professional Standards and
Teacher Education Board at its meeting on December 1, 2022 and the State Board
of Education at its meeting on January 24, 2023.
Statement of Purpose
The purpose of this action is to adopt regulations in accordance
with The Blueprint for Maryland’s Future and the Teacher Induction, Retention,
and Advancement Final Report (2017).
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Alexandra Cambra, Director Program
Approval, Division of Educator Certification and Program Approval, Maryland
State Department of Education, 200 West Baltimore Street, Baltimore, MD 21201,
or call 410-767-0564, or email to alexandra.cambra@maryland.gov. Comments will
be accepted through August 14, 2023. A public hearing has not been scheduled.
Open Meeting
Final action on the proposal will be considered by the
Professional Standards and Teacher Education Board during a public meeting to
be held on October 05, 2023, at 9:30 a.m., at 200 West Baltimore Street,
Baltimore, MD 21201.
Subtitle 12 EDUCATOR
LICENSURE
13A.12.01 General Provisions
Authority: Education Article,
§§2-205, 2-303(g), and 6-127, and 6-701—
6-708, 8-3A-03, and Family Law § 10-119.3, Annotated Code of Maryland
.01 Purpose.
Licensure is established to
offer assurance to the citizens of this State that professional public
educational staff possess the minimum essential knowledge and skills needed to
achieve outcomes for public education declared by the State Board of Education,
and maintain competent practice through career long-engagement with their content
area, research, best practice, and expert opinion.
.02 Definitions.
A. In this subtitle, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Accredited nonpublic
school” means a nonpublic school accredited by a national organization or
regional organization.
(2) “Approved nonpublic
school” means a nonpublic school approved by a state department of education.
(3) “Bilingual Education”
means the teaching of academic content in two languages: a native and second
language.
(4) “Certificate” is the term
for an educator credential issued by the Department. The term certificate has
been replaced by the word license.
(5) “Class” means a period
allocated for lessons during a school day.
(6) “Conditional license”
means a non-renewable license issued while the applicant pursues a pathway to
professional licensure.
(7) “Content coursework”
means coursework completed in academic disciplines as differentiated from
pedagogical coursework.
(8) “Continuing education
units (CEUs)” means credit issued from an accredited International Association
for Continuing Education and Training provider or approved by another Maryland
State agency for purposes of licensure.
(9) “Continuing professional
development (CPD) credit” means credit earned through continuing professional
development experiences approved by the Department.
(10) “Crime against children”
means any crime defined in Criminal Law Article, §3-601, Annotated Code of
Maryland.
(11) “Crime of violence”
means any crime as defined in Criminal Law Article, §14-101, Annotated Code of
Maryland.
(12) “Culturally Responsive
Teaching” means pedagogy that recognizes the importance of including students’
cultural references in all aspects of learning.
(13) “Department” means the
Maryland State Department of Education.
(14) “Educator” means an
individual who holds a license in an area of teaching, Professional and
Technical Education, specialized areas for fine arts, specialist, administrator
or supervisor.
(15) “Effective performance”
means professional, full-time experience as a specialist, administrator, or
supervisor in a public school system, approved nonpublic school, or accredited
nonpublic school for which the annual overall evaluation rating is at least
effective or equivalent.
(16) “Effective teaching
experience” means professional, full-time experience as a teacher in a public
school, approved nonpublic school, or accredited nonpublic school for which the
annual overall evaluation rating is at least effective or equivalent.
(17) “Endorsement” means a
credential issued on a license under COMAR 13A.12.01.04C to indicate
satisfactory knowledge and skills to perform services in the area(s) specified.
(18) “English as a Second
Language (ESOL)” means the practice and theory of learning and teaching English
to students of which English is not the native language.
(19) “English Language
Learners (ELL)” means students who come from non-English speaking homes and who
are learning English.
(20) “Full-time teaching
experience” means a period of not less than 9 consecutive months as the
responsible teacher in a classroom under an appointment requiring service for
50 percent or more of the school week or the equivalent.
(21) “Higher degree” means a
degree earned that is higher than a bachelor’s degree such as a Ph.D., Ed.D.,
Ed.S., master’s degree, J.D., M.D., D.D.M., D.D.S., or L.L.M.
(22) “Historic Professional
Certificate” means a previously issued certificate or area of certification
that no longer exists.
(23) “Historic Professional
License” means a license or area of licensure that no longer exists.
(24) “Individual professional
development plan (IPDP)” means a plan developed in partnership with a
supervisor, if employed, to provide appropriate and relevant professional
learning.
(25) “Initial license” means
the first Maryland professional license issued to an educator.
(26) “Internship” means a
supervised period of clinical experience offered by an educator preparation
program designed to allow pre-service teachers to practice and refine their
teaching skills.
(27) “Interstate
Certification Compact (ICC)” means a legal agreement with other states to
facilitate the certification of out-of-State teachers and other professional
educational personnel as authorized by Education Article, Title 6, Subtitle 6,
Annotated Code of Maryland, or as otherwise provided by law.
(28) “License” means an
educator credential issued by the Department, which allows the holder to
practice the area(s) of licensure noted.
(29) “Local school system
(LSS)” means a Maryland public school system.
(30) “Long-term substitute
experience” means full-time, continuous substitute teaching service in the same
classroom for not less than 3 months.
(31) “Member state” means a
state that participates in the Interstate Certification Compact (ICC).
(32) “Micro-credential” means
a digital form of certification indicating the demonstration of
competency/mastery in a specific skill or set of skills.
(33) “Montessori school”
means a public school that uses Montessori instruction as its primary method of
instruction, or is approved by the Department.
(34) “Nonpublic school
approved under COMAR 13A.09.09” means a school that is issued a Certificate of
Approval by the State Board, excluding the federal government or any State,
county, or municipal agency or division of these, to operate an educational
program in a nonpublic kindergarten, elementary school, and secondary school.
(35) “Nonpublic school
approved under COMAR 13A.09.10” means:
(a) An entity which is
responsible for governing and operating a school that provides a Type I, Type
II, Type III educational program in a facility licensed by a unit of State
government to provide treatment of care, or both; or
(b) Educational programs that
provide special education to children in a nonpublic school in accordance with
Education Article, §8-406, Annotated Code of Maryland.
(36) “Occupational
experience” means experience gained while employed performing in the career
area to be taught.
(37) “Pedagogy” means the
method and practice of teaching.
(38) “Performance Review
Program” means the scheduled review of educator performance and provision of
supports to ensure quality of teaching.
(39) “Professional and
Technical Education” means areas of study which include skilled trades, applied
sciences, modern technologies, and career preparation.
(40) “Professional
conference” means a workshop, institute, or seminar of 4 or more hours that
contributes to ongoing, sustained, and high-quality professional development.
(41) “Professional
development activity” means an activity, approved by the Department, local
school system, State Agency, Maryland-approved nonpublic school, or another
state department of education, that improves the professional knowledge,
competence, skill, or effectiveness of the license holder.
(42) “Professional
Development Point (PDP)” means a unit used to renew teacher licenses earned
through completion of specific professionally aligned tasks and assignments.
(43) “Professional education
coursework” means coursework dealing with the knowledge and process of teaching
to prepare to become a teacher, as differentiated from content coursework.
(44) “Professional licensure”
means holding a Temporary Professional, Initial Professional, Professional, or
Advanced Professional License.
(45) “Reinstatement” means
restoration of an expired license.
(46) “Renewal” means the
extension of the validity period of an existing license.
(47) “Required grade” means a
grade of C or better, pass, or satisfactory.
(48) “Resident Teacher
License” means a license issued to a candidate enrolled in an alternative
teacher preparation program.
(49) “School” means a public
school, an approved nonpublic school, or an accredited nonpublic school.
(50) “Sheltered English
instruction” means an instructional approach that engages English Language
Learners (ELL) in developing grade-level content-area knowledge, academic
skills, and increased English proficiency.
(51) “Specialist” means an
individual licensed under COMAR 13A.12.04.
(52) “Teaching endorsement”
means a teaching area added to a professional license of an educator who has
met the qualifications of COMAR 13A.12.02.02B.
.03 Licensure Requirements of
Education Personnel.
A. The regulations in this
subtitle are established as licensure standards for personnel educating
students in a Maryland local school system, a State-operated school, and a
nonpublic school approved under COMAR 13A.09.10.
B. A local school system,
State-operated school, and nonpublic school approved under COMAR 13A.09.10 may
establish additional requirements as a condition of employment.
C. Personnel Subject to
Licensure.
(1) Teachers, specialists,
administrators, and supervisors employed in a Maryland local school system, a
State-operated school, and a nonpublic school approved under COMAR 13A.09.10
are subject to licensure.
(2) Teachers. A teacher
employed in an early childhood, elementary, pre-kindergarten—12 or secondary
school program shall hold an appropriate license under COMAR 13A.12.02.
(3) Professional and
Technical Education/Specialized Areas for Fine Arts. A Professional and
Technical Education teacher or Specialized Area of Fine Arts teacher employed
in an early childhood, elementary, pre-kindergarten—12 or secondary school
program shall hold an appropriate license under COMAR 13A.12.03.
(4) Specialists. A specialist
employed in an early childhood, elementary, pre-kindergarten—12 or secondary
school program shall hold an appropriate license under COMAR 13A.12.04 or a
license in certain areas as otherwise provided in State law.
(5) Administrators and
Supervisors. Administrators and supervisors who have direct contact with
students, who have responsibility for curriculum development, or who have
responsibility for supervision of instruction shall meet the requirements for a
professional license under COMAR 13A.12.05.
.04
Issuance and Types of Licenses.
A. Application Procedure.
(1) To obtain licensure in a specific area, an applicant, or local
school system on behalf of the applicant, shall submit an application and
documentation as required by the Department.
(2) The Department or its designee shall evaluate the application and
documentation and if the applicant satisfies the requirements, the Department
shall issue the license.
(3) An applicant shall present transcripts verified to the satisfaction
of the Department.
(4) An applicant shall present test scores to the Department in one of
the following ways:
(a) Directly from the testing company;
(b) By notation on an official transcript;
(c) By verification from a college or university;
(d) By verification from a state department of education; or
(e) With the applicant’s original score report or a copy of the score
report verified to the satisfaction of the Department.
(5) The Department shall maintain the file of an applicant for
licensure who is not eligible for a license for 1 year from the date of the
last correspondence, after which time the applicant may reapply.
(6) It is the responsibility of the licensed individual to maintain the
validity of the license and to provide the Department with current information
including name, email address, mailing address, and phone number.
B. Fee. The fee for the initial issuance and renewal of a license is
provided in Education Article, §6-704(b), Annotated Code of Maryland, and the
individual seeking issuance or renewal shall pay the Department by money order,
certified check, cashier’s check, or electronic payment.
C. Types of Educator
Licenses.
(1) Conditional License. The
conditional license is a nonrenewable license valid for a period not to exceed
5 years issued only for licenses under COMAR 13A.12.02.02 and 13A.12.03.02.
(2) Conditional Special
Education License. The conditional special education license is a nonrenewable
license valid for a period not to exceed 3 years issued only for licenses under
COMAR 13A.12.02.02.
(3) Resident Teacher License.
The Resident Teacher license is valid for a period not to exceed 3 years issued
only for licenses under COMAR 13A.12.02.02F.
(4) Temporary Professional
License. The Temporary Professional License is a nonrenewable license valid for
a period not to exceed 2 years and issued only for licenses under COMAR
13A.12.02.02 and 13A.12.03.02.
(5) Initial Professional
License. The Initial Professional License is a renewable license valid for a
period not to exceed 5 years.
(6) Professional License. The
Professional License is a renewable license valid for a period not to exceed 5
years.
(7) Advanced Professional
License. The Advanced Professional License is a renewable license valid for a
period not to exceed 5 years.
(8) Adjunct Teacher License.
The Adjunct Teacher License is a renewable license valid for a period not to
exceed 1 year issued only for licenses under COMAR 13A.12.02.02 and
13A.12.03.02.
(9) Montessori Professional
License.
(a) The Montessori
Professional License is valid for an indefinite period.
(b) The Montessori
Professional License may be issued to an individual who teaches students in a
Montessori school and meets the eligibility criteria in 13A.12.02.02H.
(c) An individual with a
Montessori Professional License may not teach students in a public school that
is not a Montessori school unless the individual meets the requirements
relating to licensure of public school teachers.
D. A historic Maryland
license may not be issued as an initial license.
E. Effective Dates of
Licenses.
(1) Issuance of a License.
The Department shall issue a license to an applicant with the following
effective dates:
(a) If the license was issued
from January 1 through June 30, the effective date of the license is January 1;
and
(b) If the license was issued
from July 1 through December 31, the effective date of the license is July 1.
(2) Multiple Licenses.
Educators may hold multiple licenses.
(3) Endorsements.
(a) An individual who meets
the qualification for initial licensure may add additional endorsements to the
existing license.
(b) The validity period for
an endorsement is the same as the initial license.
(c) The Department shall renew
the endorsement when the initial license is renewed.
(4) An educator who adds an
additional license or endorsement to an existing license is not required to
amend the Individualized Professional Development Plan or present additional
renewal requirements during the current validity period.
F. Deactivate a License or
Teaching Endorsement.
(1) An educator may request,
in writing, to deactivate a license or teaching endorsement.
(2) The educator shall meet
the current regulatory requirements if the educator wishes to hold that license
and/or teaching endorsement in the future.
(3) An educator may not
request the deactivation of a license to avoid disciplinary action.
G. Licensure Plan.
(1) A licensure plan may be
issued to an applicant who does not meet the qualifications for a license.
(2) A licensure plan is
effective for a 5-year period.
(3) If an applicant fails to
satisfy the requirements for a professional license within the 5-year period,
the applicant shall meet the requirements of the current applicable regulation.
.05
Reinstatement of an Expired Professional License.
A. General.
(1) An educator may not be employed under an expired license.
(2) An educator who holds an expired Maryland Initial Professional,
Professional, or Advanced Professional license in a teaching area may reinstate
that license if the educator presents the professional development requirements
under COMAR 13A.12.02.06.
(3) An educator who holds an expired Maryland Initial Professional,
Professional, or Advanced Professional license in an area of professional and
technical education or specialized area of fine arts may reinstate that license
if the educator presents the professional development requirements under COMAR
13A.12.03.05.
(4) An educator who holds an expired Maryland Initial, Professional or
Advanced Professional license in a specialist area may reinstate that license
if the educator presents the professional development requirements under COMAR
13A.12.04.15.
(5) An educator who holds an expired Maryland Initial, Professional or
Advanced Professional license in an administrator area may reinstate that
license if the educator presents the professional development requirements
under COMAR 13A.12.05.15.
B. Exemption. An educator holding an expired Maryland Initial
Professional, Professional, or Advanced Professional license who presents a
valid professional license issued by a member state, may reinstate the Maryland
license.
C. Historic Professional Certificate or License.
(1) The Department shall issue an Initial Professional License to an
educator who holds an expired Maryland Professional Eligibility Certificate or
Standard Professional I Certificate and meets the requirements to reinstate a
Maryland license under §§A and B of this regulation.
(2) The Department shall issue a Professional License to an educator
who holds an expired Maryland Standard Professional II Certificate and meets
the requirements to reinstate a Maryland license under §§A and B of this
regulation.
(3) The Department shall issue an Advanced Professional License to an
educator who holds an expired Maryland Advanced Professional Certificate and
meets the requirements to reinstate a Maryland license under §§A and B of this
regulation.
(4) An educator who allows a license to expire that includes a historic
endorsement area may not reinstate that area.
.06 Waiver of Licensure
Requirements.
A. Waiver of Licensure
Requirements. Except for educator licensure tests, the State Superintendent of
Schools or designee may waive the specific requirements for a license in an
individual case if it is determined, after thorough investigation, that the
applicant’s preparation or experience, or both, are adequate to justify a
waiver.
B. Senior Educator Waiver.
Renewal requirements for any professionally licensed employee of a local school
system, State-operated school, or nonpublic school approved under COMAR
13A.09.10, may be waived if:
(1) The professionally
licensed employee is:
(a) 55 years old or older; or
(b) Employed in public or
approved nonpublic school service for at least 25 years; and
(2) The request is
recommended by the county superintendent, executive director, or chief officer
of the legal authority having jurisdiction over the employee.
13A.12.02 Teachers
Authority: Education Article,
§§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated Code of
Maryland
.01 Purpose.
A teacher employed in an
early childhood, elementary, pre-kindergarten—12 or secondary school program
shall hold an appropriate license under COMAR 13A.12.02.
.02 Licenses for Teachers.
A. Temporary Professional.
(1) The Temporary
Professional Teacher License is valid for 2 years and may not be renewed.
(2) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 may
request a Temporary Professional License for an employee:
(a) Who has completed an out-of-State
teacher preparation program or holds a valid out-of-State professional license
but has not submitted passing scores on Maryland teacher licensure tests; or
(b) Who has failed to meet
the renewal requirements of a professional license.
B. Initial Professional.
(1) The Initial Professional
Teacher License is valid for 5 years and may be renewed should the license
holder meet the renewal requirements under Regulation .03 of this chapter.
(2) An applicant who has met
the requirements of one of the pathways to licensure under Regulation .03 of
this chapter is eligible for an Initial Professional Teacher License.
C. Professional.
(1) The Professional Teacher
License is valid for 5 years and may be renewed should the license holder meet
the renewal requirements under Regulation .04 of this chapter.
(2) An applicant who has met
the requirements of one of the pathways to licensure under Regulation .03 of
this chapter is eligible for a Professional Teacher License if the applicant
submits documentation:
(a) Demonstrating completion
of a Maryland induction program under COMAR 13A.07.01; or
(b) Verifying 3 years of
effective teaching performance.
D. Advanced Professional.
(1) The Advanced Professional
Teacher License is valid for 5 years and may be renewed should the license
holder meet the renewal requirements under Regulation .04 of this chapter.
(2) An applicant who has met
the requirements of one of the pathways to licensure under Regulation .03 of
this chapter is eligible for an Advanced Professional Teacher License if the
applicant meets the requirements for the Professional Teacher License under §C
of this regulation and submits documentation demonstrating that the applicant
has:
(a) A master’s degree or
higher;
(b) At least 30 semester
hours of post baccalaureate credit; or
(c) A National Board
Certificate issued by the National Board for Professional Teaching Standards.
E. Conditional.
(1) A conditional license is
valid for 5 years and may not be renewed.
(2) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall
request a conditional license only if the school cannot fill a position with an
individual who qualifies for a license under Regulation .03 of this chapter.
(3) A conditional license may
only be issued to an individual who possesses a bachelor’s degree or higher.
(4) An applicant who is
issued a conditional license shall pursue a pathway to professional licensure
under Regulation .03 of this chapter.
F. Conditional Special
Education.
(1) A conditional special
education license is valid for 3 years and may not be renewed.
(2) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall
request a conditional license only if:
(a) The school cannot fill a
special education position with an individual who qualifies for a license under
Regulation .03 of this chapter; and
(b) The license holder
receives sustained, intensive, classroom-focused professional development
before and while teaching, and intensive supervision that consists of
structured guidance and regular ongoing support and mentoring.
(3) A conditional license may
only be issued to an individual who possesses a bachelor’s degree or higher.
(4) An applicant who is
issued a conditional license shall pursue a pathway to professional licensure
under Regulation .03A(1) and (2) of this chapter.
G. Resident Teacher.
(1) The Resident Teacher
License is valid for 3 years and may not be renewed.
(2) The provider of an
alternative teacher preparation program approved under COMAR 13A.07.06, shall
request a Resident Teacher License for a candidate before placement in a
resident teacher assignment.
H. Adjunct Teacher.
(1) The Department may issue
an adjunct license upon the request of a local school system superintendent or
an education director of a nonpublic school approved under COMAR 13A.09.10.
(2) The local school system
superintendent or education director of the approved nonpublic school shall
include with a request for an adjunct license:
(a) The name and credentials
of the individual;
(b) The course name and
content to be taught; and
(c) An explanation as to why
the position cannot be filled by a qualified licensed educator.
(3) The adjunct license is
nontransferable between local school systems.
(4) A local school system or
nonpublic school may not employ an individual who holds an adjunct license as a
full-time employee.
(5) An applicant for an adjunct
license shall:
(a) Hold a high school
diploma or its equivalent;
(b) Hold an industry license,
when applicable for the profession; and
(c) Have 5 years of
satisfactory occupational experience in the field to be taught.
(6) The employing local
school system or nonpublic school shall provide an individual who is issued an
adjunct license with the following:
(a) A professionally licensed
mentor;
(b) Side-by-side coaching or
co-teaching with a professionally licensed teacher;
(c) A minimum of 45 hours of professional
development, with 30 hours delivered before entry to the classroom and the
remainder to be delivered throughout the school year; and
(d) Evaluations of the
individual’s teaching effectiveness.
(7) The adjunct license
issued in accordance with this regulation is valid for a 1-year period and may
be renewed upon the request of the local school system or nonpublic school.
I. Montessori Professional
License. An applicant may be eligible for a Montessori Professional License if
the applicant submits documentation demonstrating the applicant has:
(1) A bachelor’s degree or
higher;
(2) A valid credential from:
(a) The American Montessori
Society;
(b) The Association
Montessori Internationale; or
(c) A program accredited by
the Montessori Accreditation Council for Teacher Education; and
(3) Passing scores as
established by the State Superintendent of Schools on a reading instruction
licensure test approved by the State Board of Education, or attestation of
proficiency through observation completed by a Department-recognized assessor
using a Department-provided observation tool.
.03 Pathways to Teacher
Licensure.
A. In-State Pathways to
Initial Teacher Licenses.
(1) Maryland Approved
Program. Teacher candidates who complete a Maryland approved educator preparation
program as set forth in COMAR 13A.07.06 shall meet the following requirements:
(a) Bachelor’s degree or
higher;
(b) Completion of an approved
program as set forth in COMAR 13A.07.06;
(c) Passing scores as
established by the State Superintendent of Schools on a content licensure test
approved by the State Board of Education;
(d) Passing scores as
established by the State Superintendent of Schools on a reading instruction
licensure test approved by the State Board of Education, or attestation of proficiency
through observation completed by a Department-recognized assessor using a
Department-provided observation tool; and
(e) Beginning on July 1,
2025, passing scores as established by the State Superintendent of Schools on a
portfolio-based performance assessment approved by the State Board of
Education.
(2) In-District Training
Program. Teacher candidates who are hired as a teacher of record in a Maryland
local school district may complete a Department-approved in-district training
program. Candidates seeking licensure under the in-district pathway shall meet
the following requirements:
(a) Possession of a conditional
license in the subject area and at the grade level of the license sought.
(b) Demonstration of content
knowledge by completing the following:
(i) Bachelor’s degree or
higher related to the field of the license sought;
(ii) Bachelor's degree or
higher in any field and a minimum of 24 semester hours of content coursework
related to the license sought, which may be completed in-person, virtually,
synchronously, and/or asynchronously; or
(iii) Passing scores as
established by the State Superintendent of Schools on a content licensure test
approved by the State Board of Education.
(c) Completion of a Maryland
induction program under COMAR 13A.07.01 that includes:
(i) On-site supervision and
coaching;
(ii) Ongoing instructional
mentoring during the induction; and
(iii) An effective, or
comparable, rating on a summative evaluation of teaching performance at the end
of the induction period.
(d) Completion of a
Department-approved sequence of pedagogical coursework, which may be completed
in-person, virtually, synchronously, and/or asynchronously, as follows:
(i) The teaching candidate
shall ensure that this sequence of coursework is aligned to the Interstate
Teacher Assessment and Support Consortium standards; and
(ii) The district and
coursework provider shall agree to a memorandum of understanding.
(e) Attestation from the
district training program supervisor, or designee, school principal, and
coursework provider, that the candidate is prepared for licensure.
(f) Special Provisions.
Candidates seeking licensure in the areas of elementary education, early
childhood education, special education, and English to Speakers of Other
Languages, shall complete additional requirements, as follows:
(i) Candidates who fulfill §A(2)(b)(i)
or (ii) of this regulation shall present 6 semester hours of coursework in each
of the content areas of English, mathematics, science, and social studies; or
(ii) Candidates who fulfill §A(2)(b)(iii)
of this regulation shall submit passing scores on an approved elementary
assessment that includes subtests in the content areas of English, mathematics,
science, and social studies, each of which equals 6 semester hours of credit in
that content area; and
(iii) Passing score on a
reading instruction test, approved by the State Board of Education, or provide
attestation of proficiency through observation completed by a
Department-recognized assessor using a Department-provided observation tool.
(3) Experienced Nonpublic
School Teacher. Experienced teacher candidates working in Maryland nonpublic
schools approved under COMAR 13A.09.09 shall meet the following requirements:
(a) Bachelor’s degree or
higher related to the field of the license sought;
(b) Verification of 5 years
of effective teaching experience in the field and at the grade level of the
license sought at a Maryland nonpublic school approved under COMAR 13A.09.09;
(c) Beginning on July 1,
2025, passing scores as established by the State Superintendent of Schools on a
portfolio-based performance assessment approved by the State Board of
Education; and
(d) Special Provision.
Candidates seeking licensure in the areas of elementary education, early
childhood education, special education, and English to Speakers of Other
Languages, shall submit of a passing score on a reading instruction test,
approved by the State Board of Education, or provide attestation of proficiency
through observation completed by a Department-recognized assessor using a
Department-provided observation tool.
B. Out-of-State Pathways to
Initial Teacher License.
(1) Out-of-State Teacher
Preparation Program. Teacher candidates who complete a teacher preparation
program in another state or foreign country shall meet the following
requirements:
(a) Bachelor’s degree or
higher, or a U.S. equivalent of a foreign degree;
(b) Complete a teacher
preparation program, to include a clinical internship, approved to lead to
licensure in another state or foreign country, in the license area being
sought;
(c) Beginning on July 1,
2025, a passing score as established by the State Superintendent of Schools on
a portfolio-based performance assessment approved by the State Board of
Education; and
(d) Special Provision.
Candidates seeking licensure in the areas of elementary education, early
childhood education, special education, and English to Speakers of Other
Languages, shall submit a passing score on a reading instruction test, approved
by the State Board of Education, or attestation of proficiency through
observation completed by a Department-recognized assessor using a
Department-provided observation tool.
(2) Out-of-State License.
Teacher candidates who hold a valid professional license/certificate from
another state or foreign country shall meet the following requirements:
(a) Bachelor’s degree or
higher, or a U.S. equivalent for a foreign degree;
(b) Valid, professional
license or certificate from another state or foreign country in the license
area being sought;
(c) Beginning on July 1,
2025, passing scores as established by the State Superintendent of Schools on a
portfolio-based performance assessment approved by the State Board of
Education; and
(d) Special Provision.
Candidates seeking licensure in the areas of elementary education, early
childhood education, special education, and English to Speakers of Other
Languages, shall submit a passing score on a reading instruction test, approved
by the State Board of Education, or provide an attestation of proficiency through
observation completed by a Department-recognized assessor using a
Department-provided observation tool.
(3) National Board
Certificate. Teacher candidates who hold a National Board Certificate shall
meet the following requirements:
(a) Bachelor’s degree or
higher; and
(b) National Board
Certificate issued from the National Board for Professional Teaching Standards,
for which a comparable Maryland license exists.
C. Special Provisions.
(1) The Department shall
evaluate credits from institutions in other countries for comparability of
degree and coursework by an independent agency authorized to analyze foreign
credentials and designated by the Department. The evaluation is final.
(2) A National Board
Certificate may be submitted instead of a portfolio-based assessment.
(3) An effective, or
comparable, rating on a year-end evaluation may be submitted instead of a
portfolio-based assessment if the candidate meets the following criteria:
(a) Meets the requirements
for initial licensure under §A(3) or B(1)-(2) of this regulation; and
(b) Is employed by a Maryland
local school system, State-operated school, or approved nonpublic school
approved under COMAR 13A.09.10.
.04 Renewal and Advancement
of a Teacher License.
A. General.
(1) An applicant who holds a
license is responsible for initiating the renewal of the license.
(2) An applicant shall ensure
renewal requirements are received before the expiration date of the license to
be considered continuous.
(3) Failure to Meet
Requirements. Failure to meet the requirements of this section results in nonrenewal
of the license.
(4) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 may
request a Temporary Professional License under Regulation .02A of this chapter
for an employee who fails to meet the renewal requirements of the Initial
Professional, Professional, or Advanced Professional license.
B. Professional Development
Requirements. The Initial Professional, Professional, and Advanced Professional
license may be renewed for successive 5-year terms on the successful completion
of the requisite number of professional development points (PDPs) as set forth
in Regulation .06 of this chapter based on an individual professional
development plan as set forth in Regulation .05 of this chapter that is
designed to improve teaching and student learning and that is approved, if
required, by the educator’s supervisor.
C. Application Process.
(1) Renewal. An educator may
renew their existing Initial Professional, Professional, or Advanced
Professional License by submitting:
(a) A completed application,
in the manner required by the Department;
(b) A statement, signed under
the penalty of perjury, that the applicant has completed all requirements for
licensure renewal, including the requisite number of Professional Development
Points under an Individual Professional Development Plan; and
(c) The required fee.
(2) Advancement. An educator
may request advancement to a new level of licensure by submitting:
(a) A completed application,
in the manner required by the Department;
(b) Supporting documentation
demonstrating the applicant has met the requirements for the new level of
licensure; and
(c) The required fee.
(3) All documentation
submitted is subject to audit by the Department, and the educator shall provide
additional documentation to the Department on request.
(4) Individuals employed by a
Maryland local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10, may submit documentation directly to the
employer.
(5) Individuals who are not
employed by a Maryland local school system, State-operated school, or nonpublic
school approved under COMAR 13A.09.10 shall submit documentation directly to
the Department.
.05 Individual Professional
Development Plans.
A. Individual Professional
Development Plans.
(1) An educator shall have an
individual professional development plan in place for each of the 5 years of
validity for each Initial Professional, Professional, and Advanced Professional
license issued to the educator.
(2) An educator shall ensure
this individual professional development plan includes a minimum of 90
professional development points as set forth in Regulation .06 of this chapter,
to renew the educator’s License.
(3) Educators who are not
employed with a local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 are responsible for developing their own
individual professional development plan.
B. Approval of an Individual
Professional Development Plan.
(1) Educators working in a
Maryland local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 shall obtain approval of their proposed
individual professional development plan from their supervisors.
(2) The educator’s
supervisor, or an appropriate designee, shall approve proposed individual
professional development.
(3) Educators shall obtain
initial approval of their individual professional development plan within 6
months of issuance of the license to be renewed.
(4) Supervisor Review.
(a) A supervisor shall review
the existing individual professional development plan of any educator new to
the district or school within 3 months of the educator’s beginning employment
in the new position.
(b) A supervisor may require
an educator to amend the plan or may withdraw approval for a plan that had been
previously approved, but the Department shall approve any professional
development points that were earned consistently with an approved plan in the
application for license renewal.
(5) Signatures.
(a) Before applying to renew
an Initial Professional, Professional, and Advanced Professional license,
educators shall obtain a signature from a current supervisor.
(b) A supervisor’s signature
shall indicate that the supervisor has reviewed the log of professional
development activities maintained by the educator to ensure that the reported
activities are consistent with the approved individual professional development
plan.
(c) The educator remains
responsible for the final accounting of professional development points applied
towards license renewal.
(d) An educator whose
supervisor refuses to sign an individual professional development plan may
follow the review procedures set forth in §B(7) of this regulation.
(6) Approval of an individual
professional development plan may not be unreasonably withheld by a supervisor.
(7) If a plan is rejected by
a supervisor, an educator may seek review of the denial from:
(a) The superintendent of
schools, or designee, if employed with a local school system;
(b) The Chief Officer of the
Legal Authority, or designee, if employed with a nonpublic school approved
under COMAR 13A.09.10; or
(c) The Executive Director,
or comparable position, if employed with a State-operated school.
.06 Professional Development
Points.
A. Professional Development
Point (PDP). The Department shall measure professional development activities
as follows:
(1) 1 clock hour is
equivalent to one PDP.
(2) 1 semester hour is
equivalent to 15 PDPs.
(3) One Department-approved
continuing professional development credit is equivalent to 15 PDPs.
(4) One continuing education
unit is equivalent to ten PDPs.
B. Educators applying to
renew an Initial Professional, Professional, or Advanced Professional License
shall complete a minimum of 90 PDPs to include:
(1) Content or pedagogy
related to an area on the educator’s license;
(2) English as a Second
Language, Sheltered English, or Bilingual Education;
(3) Strategies for teaching
students with disabilities, or differentiated instruction for students with
diverse learning needs; and
(4) Culturally Responsive
Teaching or diverse student identities in education.
C. Additional Requirements
for Specific Certification Areas.
(1) Blind/Visually Impaired.
Teachers who hold a license in the area of the Blind/Visually Impaired shall
present a minimum of 15 PDPs in braille maintenance.
(2) School Counselor. An
educator who is licensed as a School Counselor shall present 1 semester hour of
coursework from an institution of higher education, one Department-approved
continuing professional development credit; or an equivalent number of
continuing education units that address the following:
(a) Depression;
(b) Trauma;
(c) Violence;
(d) Youth suicide;
(e) Substance abuse; and
(f) The identification of
professional resources and best practices for distributing resources to parents
or guardians to help students in crisis.
(3) Administrator. If an
educator is employed in a local school system, State-operated school, or nonpublic
school approved under COMAR 13A.09.10 and assigned in an administrator or
supervisor position, the educator shall submit PDPs which include:
(a) Strategies for increasing
teacher retention; and
(b) Strategies for developing
and facilitating teacher leadership.
D. Special Provision.
Beginning on July 1, 2025, all teachers employed in a Maryland local school
system, State-operated school, or nonpublic school approved under COMAR
13A.09.10 in a position that requires a license in early childhood education,
elementary education, special education, or English to Speakers of Other
Languages shall demonstrate proficiency in the knowledge and practices of
scientific reading instruction, to include phonemic awareness, phonics,
fluency, vocabulary, and comprehension, as follows:
(1) Demonstration of
proficiency may be satisfied by submitting one of the following:
(a) A passing score on a
reading instruction test approved by the State Board of Education;
(b) Completion of coursework
or professional learning approved by the Department;
(c) Submission of attestation
of proficiency through observation completed by a Department-recognized
assessor; or
(d) Completion of training
provided by the Department in the science of reading for the purpose of
fulfilling the requirements of renewal.
(2) A license holder required
to demonstrate proficiency in the knowledge and practices of scientific reading
instruction shall present the requirements in §D(1) of this regulation when
renewing a license, as follows:
(a) The license holder may
submit verification of enrollment in §D(1)(b) or (d) of this regulation to
satisfy the terms of renewal.
(b) The license holder shall
present documentation demonstrating completion of §D(1)(b) or (d) of this regulation
by the subsequent renewal.
(3) A license holder is
considered proficient in the knowledge and practices of scientific reading
instruction when the requirements of this section have been submitted.
(4) The Department shall
ensure this license indicates that a license holder is proficient in the
knowledge and practices of scientific reading instruction.
E. Professional development
points may be accrued by the completion of one of more of the following:
(1) College credit earned or
taught at an accredited institution of higher education.
(2) Continuing professional
development (CPD) credits, earned or taught, approved by the Department.
(3) Continuing education
units (CEUs) from an accredited International Association for Continuing
Education and Training provider or approved by another Maryland State agency
for purposes of licensure.
(4) Professional conference.
A professional conference is a workshop, institute, or seminar of 4 or more
hours that contributes to ongoing, sustained, and high-quality professional
development.
(5) Curriculum Development.
(a) Curriculum development is
a group activity in which the license holder contributes to the improvement of
the curriculum of a school, a school division, or an educational institution.
(b) This includes the
alignment of curriculum frameworks, instructional materials, and assessments to
provide a system with clear expectations of what is to be taught and learned.
(c) For each curriculum
developed, the Department shall award the educator up to 30 PDPs.
(6) Publication of a Book or Article.
(a) The license holder shall
ensure that the book or article contributes to the education profession or to
the body of knowledge of the license holder’s teaching area or instructional
position.
(b) The educator shall ensure
that an article is published in a recognized professional journal.
(c) The educator shall ensure
that books are published for purchase.
(d) For each book published,
the Department shall award the educator up to 75 PDPs. For each article
published, the Department shall award the educator up to 10 PDPs.
(7) Mentorship.
(a) Mentoring is the process
by which an experienced professional who has received mentorship training helps
one or more individuals to improve their performance.
(b) Assistance may involve
role modeling, direct instruction, demonstration, observation with feedback,
developing of plans, and consultation to promote instructional excellence and
increased student achievement.
(c) Mentoring may include the
supervision of a field experience of a pre-service student teacher or an intern
in an approved teacher preparation program, as well as mentoring as part of the
induction process for a beginning teacher.
(8) Micro-Credentials.
(a) Micro-credentials are a
digital form of certification indicating demonstrated competency/mastery in a
specific skill or set of skills.
(b) Educators identify a
competency they want to develop, submit evidence that they have mastered the
competency, and receive a digital badge once the evidence is approved.
(c) Micro-credentials can be
earned by non-profit and for-profit entities approved by the local school
system, State-operated school, nonpublic school, or the Department.
(d) For each micro-credential
earned, the Department shall award the educator up to 10 PDPs.
(9) Professional Development Activity.
(a) The Department shall
accept professional development activities approved by the Department, Maryland
local school system, State Agency, a Maryland approved nonpublic school, or
another state department of education.
(b) The license holder shall
ensure that each activity is a minimum of 1 contact hour.
F. An educator who earns a
National Board Certificate from the National Board of Professional Teaching
Standards may present that certificate when subsequently renewing a Maryland
Educator License as a substitute for §B of this regulation.
.07
Teaching Endorsements.
A. An individual who meets the qualification for initial licensure
under Regulation .02B of this chapter may add an additional teaching
endorsement by submitting documentation demonstrating that the applicant has
obtained:
(1) A qualifying score, as established by the State Superintendent of
Schools, on the content-specific test(s) approved by the State Board of
Education; or
(2) 24 content credits as follows:
(a) For elementary or early childhood education, 24 credits distributed
across the four content areas of English, social studies, math, and science,
with at least 6 credits in each content area;
(b) For secondary, middle school, pre-kindergarten—12 education, 24
credits, at least 12 of which are in the area for which the new certification
is sought and 12 of which are in content-related areas; or
(c) For special education, 24 credits, at least 12 of which are in the
age-appropriate area of special education and 12 of which are in related areas
or researched-based literacy instruction aligned to the science of reading.
B. Special Provisions.
(1) To receive an endorsement in Elementary Education, Early Childhood
Education, English for Speakers of Other Languages, and Special Education, an
educator shall qualify under §A of this regulation and demonstrate proficiency
in the knowledge and practices in scientific reading instruction, to include
phonemic awareness, phonics, fluency, vocabulary, and comprehension, by:
(a) Submitting a passing score on a reading instruction test, approved
by the State Board of Education;
(b) Completion of coursework or professional learning approved by the
Department, and provided by a Department-recognized partner approved to deliver
instruction in the science of reading;
(c) Submission of attestation of proficiency through observation
completed by a Department-recognized assessor; or
(d) Completion of training provided by the Department in the science of
reading for the purpose of fulfilling the requirements of renewal.
(2) To receive an endorsement in Deaf and Hard of Hearing or
Blind/Visually Impaired, an educator shall meet the requirements for initial
licensure under Regulation .03 of this chapter.
C. Certain areas of licensure
require that the educator hold an existing teacher license and shall only be
added as an endorsement, as follows:
(1) Mathematics Instructional
Leader Grades Pre-Kindergarten—6. To add Mathematics Instructional Leader,
grades pre-kindergarten—6, an applicant shall:
(a) Hold a valid,
professional license;
(b) Complete a minimum of 18
semester hours of post-baccalaureate credit, or Department-approved continuing
professional development credits, which include the following areas:
(i) Content knowledge for
teaching mathematics, including numbers and operations, algebra and functions,
geometry and measurement, and data analysis and probability;
(ii) Pedagogical knowledge
for teaching mathematics, including learners and learning, teaching,
curriculum, and assessment;
(iii) Leadership knowledge
and skills; and
(iv) At least 3 semester
hours or the equivalent in a supervised practicum or school-based internship in
which the applicant works with a range of students in grades pre-kindergarten—6
and adult learners in a variety of professional development settings; and
(c) Present verification of
27 months of satisfactory teaching experience including mathematics.
(2) Mathematics Instructional
Leader Grades 4-9. To add Mathematics Instructional Leader, grades 4—9, an
applicant shall:
(a) Hold a valid,
professional license in Middle School Mathematics;
(b) Complete a minimum of 21
semester hours of post-baccalaureate credit, or Department-approved continuing
professional development credits, which include the following areas:
(i) Content knowledge for
teaching mathematics, including number and operations, algebra and functions,
geometry and measurement, data analysis and probability, calculus, and discrete
mathematics;
(ii) Pedagogical knowledge
for teaching mathematics, including learners and learning, teaching,
curriculum, and assessment;
(iii) Leadership knowledge
and skills; and
(iv) At least 3 semester
hours or the equivalent in a supervised practicum or school-based internship in
which the candidate works with a range of students in grades 4—9 and adult
learners in a variety of professional development settings; and
(c) Present verification of
27 months of satisfactory teaching experience including mathematics.
(3) Instructional Leader: STEM
Grades Pre-Kindergarten—6. To add Instructional Leader: STEM, grades pre-kindergarten—6,
an applicant shall:
(a) Hold a valid,
professional license in early childhood education or elementary education;
(b) Complete a minimum of 12
semester hours of post-baccalaureate credit or Department-approved continuing
professional development credits, to include the following:
(i) 12 semester hours in STEM
education which integrates a balance of authentic problem-based and
project-based learning;
(ii) Essential skills
including questioning, spatial reasoning, communication, critical thinking, and
problem solving;
(iii) Engineering design
process;
(iv) Application of
scientific practices and content;
(v) Application of
mathematical practices and content;
(vi) Technology literacy; and
(vii) Collaborative learning;
(c) Complete 3 semester hours
or the equivalent in leadership knowledge and skills in providing professional
learning in a school/district setting;
(d) Complete at least 3
semester hours or the equivalent in a supervised practicum or school-based
internship in which the applicant works with a range of students in grades pre-kindergarten—6
and adult learners in a variety of professional development settings; and
(e) Present verification of
27 months of satisfactory teaching experience.
(4) Severe and Profound
Disabilities. To add a Severe and Profound Disabilities endorsement, an
educator shall meet the following requirements:
(a) Special Education
Licensure. The applicant shall meet the requirements for licensure in generic
special education at any age/grade level; and
(b) Content and Professional
Education Courses. The applicant shall have:
(i) 3 semester hours in human
growth and development emphasizing knowledge of the developmental
characteristics (physical, biological, cognitive—learning, and
social/emotional) of students with severe and profound disabilities;
(ii) 6 semester hours in
assessment, diagnosis, and prescriptive techniques emphasizing specialized
knowledge, interpretation and application of appropriate assessment, diagnostic
and prescriptive methods to evaluate and develop programs geared toward the
individualized needs of students with severe and profound disabilities;
(iii) 6 semester hours in
curriculum and instructional methods emphasizing specialized strategies,
techniques, materials, and adaptations appropriate to the instruction of
students with severe and profound disabilities; and
(iv) 6 semester hours in
practicum with students with severe and profound disabilities or 2 years of successful
teaching experience with students with severe and profound disabilities.
(5) Work-Based Learning
Coordinator Grades 7-12. To add Work-Based Learning Coordinator, an educator
shall meet the following requirements:
(a) Hold a professional
license in a secondary teaching area or pre-kindergarten—12 teaching area;
(b) Complete 6 semester hours
of content coursework taken at an accredited institution of higher education or
through CPDs, with a minimum of 3 semester hours in each of the following
content areas:
(i) Organizing, coordinating,
and marketing of work-based learning programs; and
(ii) Instructional management
and curriculum development for work-based learning programs; and
(c) Complete a work
experience requirement through any of the following:
(i) Documented evidence of
employment equivalent to a minimum of 1,000 hours of satisfactory,
wage-earning, nonteaching occupational experience;
(ii) Documented evidence of
employment equivalent to a minimum of 1,000 hours that shall include 500 hours
of satisfactory, wage-earning, nonteaching occupational experience and 500
hours of self-employment;
(iii) Participating in a
supervised and approved teacher externship experience of at least 150 hours, to
include all aspects of the industry in accordance with the local school system
guidelines for work-based learning coordinator externships at a work site
approved by the local school system; or
(iv) Complete 3 semester
hours of content coursework in contemporary workplace practices taken at an
accredited institution of higher education through CPDs that includes site
visits to business and industry settings and exposure to all aspects of the
industry.
(6) All work experience under
§C(5)(c) of this regulation shall have occurred within 10 years of the
educator’s request to add the endorsement.
(a) The educator shall submit
verification of occupational experience in the form of a notarized letter by
former employers, listing specific job titles, duties performed, dates of employment,
and hours worked.
(b) The educator shall verify
self-employment by license or by submitting tax forms.
.08 Assignment.
A. License Required for Major
Assignment. Each teacher employed in Maryland local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall
hold an Initial, Professional, or Advanced Professional license in the
teacher’s area of major assignment.
B. Assignment to More Than
Two Classes Outside Area of Licensure.
(1) A teacher should not be
assigned to teach more than two classes outside the teacher’s area of
licensure.
(2) If a school finds it
necessary to assign a teacher to more than two classes unrelated to the
teacher’s area of licensure, the teacher shall provide documentation verifying
competence teaching in the area for each consecutive year after the first year
that a teacher is assigned. Competency may be demonstrated by:
(a) Submitting a minimum of 6
semester hours of content coursework in the area; or
(b) Submitting an effective,
or comparable, end-of-year evaluation.
(3) Title I Schools.
(a) Title I schools shall
notify parents that they can request specific information about a teacher’s
qualifications.
(b) Title I schools shall
notify parents and guardians of each student who is being taught by a teacher
who is teaching an area unrelated to their licensure for four or more
consecutive weeks.
(4) Class means a period
allocated for lessons during a school day.
C. Monitoring. The Department
shall monitor the assignment practices of local school systems, State-operated
schools, and nonpublic schools approved under COMAR 13A.09.10 on a periodic
basis.
13A.12.03 Professional and
Technical Education and Specialized Areas for Fine Arts
Authority: Education Article,
§§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated Code of
Maryland
.01 Purpose.
A. Professional and Technical
Education and Specialized Areas for Fine Arts teachers shall meet the
requirements for a license under Regulation .02 of this chapter.
B. A Professional and Technical
Education or Specialized Areas for Fine Arts license shall only be used for
instruction in a specialized program or at a specialized school.
C. A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall
request an initial Professional and Technical Education or Specialized Areas
for Fine Arts license.
D. An individual licensed in
Professional and Technical Education or Specialized Areas for Fine Arts who is
no longer employed with a local school system, State-operated school, or
nonpublic school approved under COMAR 13A.09.10 may request the renewal of that
license directly from the Department.
.02 Licenses and Pathways for
Professional and Technical Education and Specialized Areas for Fine Arts.
A. Types of Professional and
Technical Education and Specialized Areas for Fine Arts Licenses.
(1) Temporary Professional.
(a) The Temporary
Professional License is valid for 2 years and may not be renewed.
(b) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 may
request a Temporary Professional License for an applicant who does not meet the
renewal requirements of a professional license.
(2) Initial Professional.
(a) The Initial Professional
License is valid for 5 years and may be renewed should the license holder meet
the renewal requirements under Regulation .03 of this chapter.
(b) An applicant who is
employed in a local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 and has met the requirements of one of the
pathways to licensure under §C of this regulation is eligible for an Initial
Professional License.
(3) Professional.
(a) The Professional License
is valid for 5 years and may be renewed should the license holder meet the
renewal requirements under Regulation .03 of this chapter.
(b) An applicant who is
employed in a local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 and has met one of the pathways to licensure
under §C of this regulation is eligible for a Professional License if the
applicant submits documentation:
(i) Demonstrating completion
of a Maryland induction program under COMAR 13A.07.01; or
(ii) Verifying3 years of
effective teaching performance.
(4) Advanced Professional.
(a) The Advanced Professional
License is valid for 5 years and may be renewed should the license holder meet
the renewal requirements under Regulation .03 of this chapter.
(b) An applicant who has met
the requirements of one of the pathways to licensure under §B of this
regulation is eligible for an Advanced Professional Teacher License if the
applicant meets the requirements for the Professional License under §A(3) of
this regulation and submits documentation demonstrating that the applicant has:
(i) A master’s degree or
higher;
(ii) At least 30 semester
hours of post baccalaureate credit; or
(iii) A National Board
Certificate issued by the National Board for Professional Teaching Standards.
(c) An applicant for the
Advanced Professional License in a Professional Technical Education/Specialized
Area of Fine Arts area who does not possess a bachelor’s degree shall complete
a planned program of 30 semester hours of credit, or submit a National Board
Certificate issued by the National Board for Professional Teaching Standards.
(5) Conditional.
(a) A conditional license is
valid for 5 years and may not be renewed.
(b) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 may
request a conditional license if:
(i) The school cannot fill a
position with an individual who qualifies for a license under §A(1)—(4) of this
regulation; and
(ii) The individual presents
verification of 3 years of occupational experience in the career area to be
taught as defined in §C(5)(a) of this regulation.
(c) An applicant who is
issued a conditional license shall pursue a pathway to professional licensure
under §C of this regulation.
(6) Adjunct Teacher.
(a) The Department may issue
an adjunct license on the request of a local school system superintendent or an
education director of a nonpublic school approved under COMAR 13A.09.10.
(b) The request for adjunct
license shall include:
(i) The name and credentials
of the individual;
(ii) The course name and
content to be taught; and
(iii) An explanation as to
why the position cannot be filled by a qualified license holder.
(c) The adjunct license is
nontransferable between local school systems.
(d) A local school system or
nonpublic school may not employ an individual who holds an adjunct license as a
full-time employee.
(e) An applicant for an
adjunct license shall:
(i) Hold a high school
diploma or its equivalent;
(ii) Hold an industry
license, when applicable for the profession; and
(iii) Have 5 years of
satisfactory occupational experience in the field to be taught.
(f) The employing local
school system or nonpublic school shall provide an individual who is issued an
adjunct license the following:
(i) A professionally licensed
mentor;
(ii) Side-by-side coaching or
co-teaching with a professionally licensed teacher;
(iii) A minimum of 45 hours
of professional development, with 30 hours delivered before entry to the
classroom and the remainder to be delivered throughout the school year; and
(iv) Evaluations of the
individual’s teaching effectiveness.
(g) The adjunct license
issued in accordance with this regulation is valid for a 1-year period and may
be renewed on the request of the local school system or nonpublic school.
B. In addition to holding an
educator license, the applicant is governed by current licensure,
certification, or registration regulations administered by professional
organizations or legally constituted authorities in the State, in the career
area to be taught, if applicable.
C. Pathways to Professional
and Technical Education/Specialized Areas for Fine Arts Licensure.
(1) Maryland Approved
Program. Candidates who complete a Maryland approved educator preparation
program as set forth in COMAR 13A.07.06 shall meet the following requirements:
(a) Bachelor’s degree or
higher; and
(b) Completion of an approved
program as set forth in COMAR 13A.07.06.
(2) Out-of-State Preparation
Program. Candidates who complete a state-approved educator preparation program
leading to licensure in that state shall meet the following requirements:
(a) Bachelor’s degree or
higher; and
(b) Complete a preparation
program, including a clinical internship, approved to lead to professional and
technical education licensure in another state, in the license area being
sought.
(3) Out-of-State License.
Candidates who hold a valid or expired professional license/certificate in a
professional and technical education area from another state or foreign country
are eligible for a comparable Maryland license.
(4) National Board
Certificate (Professional and Technical Education only). Candidates who hold a
National Board Certificate in the area of Career and Technical Education are
eligible for a comparable Advanced Professional License.
(5) Occupational Experience.
Candidates with occupational experience in a Professional and Technical area or
Specialized Area of Fine Arts shall meet the following requirements:
(a) Occupational Experience.
(i) Verification of 3 years
of occupational experience in the area to be taught that may include
satisfactory post-secondary teaching experience in the area to be taught;
and/or satisfactory occupational employment.
(ii) The applicant may
substitute a Department-accepted, current industry recognized credential for 1
year of the occupational experience requirement.
(iii) The applicant may
substitute a bachelor’s or associate’s degree in the area to be taught for 1
year of the occupational experience requirement.
(b) Completion of 12 credits
of professional education coursework from an institution of higher education or
through Department-approved continuing professional development credits to
include the following topics:
(i) Planning, delivering, and
assessing instruction;
(ii) Classroom management;
(iii) Differentiating
Instruction to accommodate students with special needs; and
(iv) Teaching literacy in the
content area.
D. Special Provision. The
Department shall evaluate credits from institutions in other countries for
comparability of degree and coursework through an independent agency authorized
to analyze foreign credentials and designated by the Department. The evaluation
is conclusive for the Department.
E. Professional and Technical
Education/Specialized Areas for Fine Arts Endorsements.
(1) An individual who holds a
professional license under §A(1)—(4) of this regulation may add an additional
Professional and Technical Education/Specialized Areas for Fine Arts
endorsement by submitting documentation demonstrating that the individual has:
(a) Obtained a valid,
Department-recognized industry credential in the area to be taught; or
(b) Meets the requirements
for initial licensure under §C of this regulation.
(2) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall
request an additional Professional and Technical Education/Specialized Areas
for Fine Arts endorsement.
.03 Renewal and Advancement
of a Professional and Technical Education/Specialized Areas for Fine Arts
License.
A. General.
(1) An applicant who holds a
license is responsible for initiating the renewal of the license.
(2) An applicant shall ensure
renewal requirements are received before the expiration date of the license to
be considered continuous.
(3) Failure to Meet
Requirements. Failure to meet the requirements of this section results in nonrenewal
of the license. A local school system, State-operated school, or nonpublic
school approved under COMAR 13A.09.10 may request a Temporary Professional
License under Regulation .02A(2) of this chapter for an employee who fails to
meet the renewal requirements of the Initial Professional, Professional, or
Advanced Professional license.
(4) Advancement to a New
License. An applicant may apply to advance to the next level of licensure by
meeting the requirements under Regulation .02A of this chapter.
B. Professional Development
Requirements. The Initial Professional, Professional, and Advanced Professional
license may be renewed for successive 5-year terms on the successful completion
of the requisite number of professional development points (PDPs), as set forth
in Regulation .05 of this chapter, based on an individual professional
development plan, as set forth in Regulation .04 of this chapter, that is
designed to improve teaching and student learning and that is approved, if
required, by the educator’s supervisor.
C. Application Process.
(1) Renewal. An educator may
renew their existing Initial Professional, Professional, or Advanced
Professional License by submitting:
(a) A completed application,
in the manner required by the Department;
(b) A statement, signed under
the penalty of perjury, that the applicant has completed all requirements for
licensure renewal, including the requisite number of Professional Development
Points under an Individual Professional Development Plan; and
(c) The required fee.
(2) Advancement. An educator
may request advancement to a new level of licensure by submitting:
(a) A completed application,
in the manner required by the Department;
(b) Supporting documentation
demonstrating the applicant has met the requirements for the new level of
licensure; and
(c) The required fee.
(3) All documentation
submitted is subject to audit by the Department, and the educator shall provide
additional documentation to the Department on request.
(4) Individuals employed by a
Maryland local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10, may submit documentation directly to the
employer.
(5) Individuals who are not
employed by a Maryland local school system, State-operated school, or nonpublic
school approved under COMAR 13A.09.10 shall submit documentation directly to
the Department.
.04 Individual Professional
Development Plans — Professional and Technical Education/Specialized Areas for
Fine Arts.
A. Individual Professional
Development Plans.
(1) An educator shall have an
individual professional development plan in place for each of the 5 years of
validity for each Initial Professional, Professional, and Advanced Professional
license issued to the educator.
(2) An individual
professional development plan shall include a minimum of 90 professional
development points, as set forth in Regulation .05 of this chapter, to renew
the educator’s license.
(3) Educators who are not
employed with a local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 are responsible for developing their own
individual professional development plan.
B. Approval of an Individual
Professional Development Plan.
(1) Educators working in a
Maryland local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 shall obtain approval of their proposed
individual professional development plan from their supervisors.
(2) The educator’s
supervisor, or an appropriate designee, shall approve proposed individual
professional development plans.
(3) Educators shall obtain
initial approval of their individual professional development plan within 6
months of issuance of the license to be renewed.
(4) Supervisor Review.
(a) A supervisor shall review
the existing individual professional development plan of any educator new to
the district or school within 3 months of the educator’s beginning employment
in the new position.
(b) A supervisor may require
an educator to amend the plan or may withdraw approval for a plan that had been
previously approved, but the Department shall approve any professional
development points that were earned consistently with an approved plan in the
application for license renewal.
(5) Signatures.
(a) Before applying to renew
an Initial Professional, Professional, or Advanced Professional license,
educators shall obtain a signature from a current supervisor.
(b) A supervisor’s signature
shall indicate that the supervisor has reviewed the log of professional
development activities maintained by the educator to ensure that the reported
activities are consistent with the approved individual professional development
plan.
(c) The educator remains
responsible for the final accounting of professional development points applied
towards license renewal.
(d) An educator whose
supervisor refuses to sign an individual professional development plan may
follow the review procedures set forth in §B(7) of this regulation.
(6) Approval of an individual
professional development plan may not be unreasonably withheld by a supervisor.
(7) If a plan is rejected by
a supervisor, an educator may seek review of the denial from:
(a) The superintendent of
schools, or designee, if employed with a local school system;
(b) The Chief Officer of the
Legal Authority, or designee, if employed with a nonpublic school approved
under COMAR 13A.09.10; or
(c) The Executive Director,
or comparable position, if employed with a State-operated school.
.05 Professional Development Points-
Professional and Technical Education/Specialized Areas for Fine Arts.
A. Professional Development
Point (PDP). The Department shall measure professional development activities
as follows:
(1) 1 clock hour is
equivalent to one PDP.
(2) 1 semester hour is
equivalent to 15 PDPs.
(3) One Department-approved
continuing professional development credit is equivalent to 15 PDPs.
(4) One continuing education
unit is equivalent to ten PDPs.
B. Educators applying to
renew an Initial Professional, Professional, or Advanced Professional License
shall complete a minimum of 90 PDPs to include:
(1) Content or pedagogy
related to an area on the educator’s license;
(2) English as a Second
Language, Sheltered English, or Bilingual Education;
(3) Strategies for teaching
students with disabilities, or differentiated instruction for students with
diverse learning needs; and
(4) Culturally Responsive
Teaching or diverse student identities in education.
C. Additional Requirements
for Specific Certification Areas.
(1) Blind/Visually Impaired.
Teachers who hold a license in the area of the Blind/Visually Impaired shall
present a minimum of 15 PDPs in braille maintenance.
(2) School Counselor. An
educator who is licensed as a School Counselor shall present 1 semester hour of
coursework from an institution of higher education, one Department-approved
continuing professional development credit; or an equivalent number of
continuing education units that address the following:
(a) Depression;
(b) Trauma;
(c) Violence;
(d) Youth suicide;
(e) Substance abuse; and
(f) The identification of
professional resources and best practices for distributing resources to parents
or guardians to help students in crisis.
(3) Administrator. If an
educator is employed in a local school system, State-operated school, or
nonpublic school approved under COMAR 13A.09.10 and assigned in an
administrator or supervisor position, the educator shall submit PDPs which
include:
(a) Strategies for increasing
teacher retention; and
(b) Strategies for developing
and facilitating teacher leadership.
D. Professional development
points may be accrued by the completion of one of more of the following:
(1) College credit earned or
taught at an accredited institution of higher education.
(2) Continuing professional
development (CPD) credits, earned or taught, approved by the Department.
(3) Continuing education
units (CEUs) from an accredited International Association for Continuing
Education and Training provider or approved by another Maryland State agency
for purposes of licensure.
(4) Professional conference.
A professional conference is a workshop, institute, or seminar of 4 or more
hours that contributes to ongoing, sustained, and high-quality professional
development.
(5) Curriculum Development.
(a) Curriculum development is
a group activity in which the license holder contributes to the improvement of
the curriculum of a school, a school division, or an educational institution.
(b) This includes the
alignment of curriculum frameworks, instructional materials, and assessments to
provide a system with clear expectations of what is to be taught and learned.
(c) For each curriculum
developed, the Department shall award the educator up to 30 PDPs.
(6) Publication of a Book or
Article.
(a) The license holder shall
ensure that the book or article contributes to the education profession or to
the body of knowledge of the license holder’s teaching area or instructional
position.
(b) The educator shall ensure
that an article is published in a recognized professional journal.
(c) The educator shall ensure
that books are published for purchase.
(d) For each book published,
the Department shall award the educator up to 75 PDPs. For each article
published, the Department shall award the educator up to 10 PDPs.
(7) Mentorship.
(a) Mentoring is the process
by which an experienced professional who has received mentorship training helps
one or more individuals to improve their performance.
(b) Assistance may involve
role modeling, direct instruction, demonstration, observation with feedback,
developing of plans, and consultation to promote instructional excellence and
increased student achievement.
(c) Mentoring may include the
supervision of a field experience of a pre-service student teacher or an intern
in an approved teacher preparation program, as well as mentoring as part of the
induction process for a beginning teacher.
(8) Micro-Credentials.
(a) Micro-credentials are a
digital form of certification indicating demonstrated competency/mastery in a
specific skill or set of skills.
(b) Educators identify a
competency they want to develop, submit evidence that they have mastered the
competency, and receive a digital badge once the evidence is approved.
(c) Micro-credentials can be
earned by non-profit and for profit entities approved by the local school
system, State-operated school, nonpublic school, or the Department.
(d) For each micro-credential
earned, the Department shall award the educator up to 10 PDPs.
(9) Professional Development Activity.
(a) The Department shall
accept professional development activities approved by the Department, Maryland
local school system, State Agency, a Maryland approved nonpublic school, or
another state department of education.
(b) The license holder shall
ensure that each activity is a minimum of 1 contact hour.
(10) Occupational Experience.
(a) Occupational experience
related to the career area being taught may be used to earn PDPs.
(b) For every 10 hours
worked, the educator may earn 1 PDP.
(c) Occupational experience
is limited to 15 PDPs.
E. An educator who earns a
National Board Certificate from the National Board of Professional Teaching
Standards may present that certificate when subsequently renewing a Maryland
Educator License as a substitute for §B of this regulation.
13A.12.04 Specialists
Authority: Education Article,
§§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated Code of
Maryland
.01 Purpose.
Specialists employed in an
early childhood, elementary, pre-kindergarten—12 or secondary school program
shall hold an appropriate license under COMAR 13A.12.04 or a license in certain
areas as otherwise provided in State law.
.02 Licenses for Specialists.
A. Types of Specialist
Licenses.
(1) Temporary Professional.
(a) The Temporary
Professional License is valid for 2 years and may not be renewed.
(b) A local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 may
request a Temporary Professional License for an applicant who does not meet the
renewal requirements of a professional license.
(2) Initial Professional.
(a) The Initial Professional
License is valid for 5 years and may be renewed should the license holder meet
the renewal requirements under Regulation .13 of this chapter.
(b) An applicant who has met
the requirements of one of the pathways to licensure under Regulations .03—.12
of this chapter is eligible for an Initial Professional License.
(3) Professional.
(a) The Professional License
is valid for 5 years and may be renewed should the license holder meet the
renewal requirements under Regulation .13 of this chapter.
(b) An applicant who has met
the requirements of one of the pathways to licensure under Regulations .03—.12
of this chapter is eligible for a Professional License if the applicant submits
documentation:
(i) Verifying 3 years of
effective performance as a specialist; and
(ii) Demonstrating completion
of a Maryland induction program, if applicable.
(4) Advanced Professional.
(a) The Advanced Professional
License is valid for 5 years and may be renewed should the license holder meet
the renewal requirements under Regulation .13 of this chapter.
(b) An applicant who has met
the requirements of one of the pathways to licensure under this chapter is
eligible for an Advanced Professional License if the applicant meets the
requirements for the Professional License under §A(2) of this regulation and
submits documentation demonstrating that the applicant has:
(i) A master’s degree or
higher;
(ii) At least 30 semester
hours of post baccalaureate credit; or
(iii) A National Board
Certificate issued by the National Board for Professional Teaching Standards.
B. The Department shall
evaluate credits from institutions in other countries for comparability of
degree and coursework by an independent agency authorized to analyze foreign
credentials and designated by the Department. The evaluation is conclusive for
the Department.
.03 School Counselor.
The requirements for
licensure as school counselor are that the applicant shall:
A. Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
B. Complete one of the
following pathways:
(1) Maryland Approved
Program. Candidates who possess a master’s degree and complete a program
approved under COMAR 13A.07.06 leading to licensure as a school counselor.
(2) National Board of
Certified Counselors (NBCC). Candidates who possess a master’s degree in school
counseling or school guidance and counseling, a valid National Board of
Certified Counselors certificate, and 2 years of effective performance as a teacher
or school counselor in a school setting.
(3) National Board for
Professional Teaching Standards (NBPTS). Candidates who possess a master’s
degree in school counseling or school guidance and counseling and present a
valid National Board Certificate in the area of School Counseling.
(4) Out-of-State Program.
Candidates who possess a master’s degree in school counseling or school
guidance and counseling from an out-of-State approved program and 2 years of
effective performance as a teacher or school counselor or 500 clock hours in a
supervised practicum in school counseling.
(5) Council for Accreditation
of Counseling and Related Educational Programs (CACREP). Candidates who possess
a master’s degree in school counseling or school guidance and counseling from a
program approved by the Council for Accreditation of Counseling and Related
Educational Programs.
(6) Experienced Professional.
Candidates who possess a master’s degree and a valid, professional certificate
from another state and verification of at least 27 months of effective
performance as a school counselor.
.04 Library Media Specialist.
A. Definitions.
(1) In this regulation, the
following terms have the meanings indicated.
(2) Terms Defined.
(a) “Library media” means a
variety of communication and information formats and their accompanying
technologies appropriate to learning and instruction.
(b) “Library media
specialist” means an individual who has developed knowledge, understanding of,
and competency in the broad range of library media services, with particular
emphasis on those competencies related to the development and administration of
a comprehensive school library media program.
B. Pathways to Licensure. To
qualify for a Professional Specialist License, a candidate shall complete one
of the following pathways:
(1) Maryland Approved
Program. Candidates who possess a master’s degree and complete a program
approved under COMAR 13A.07.06 leading to licensure as a library media
specialist.
(2) Out-of-State Preparation
Program. Candidates who possess a master’s degree and complete an approved
program leading to licensure as a library media specialist in another state.
(3) Experienced Professional.
Candidates who possess a master’s degree, hold a valid professional library
media license from another state or country, and submit verification of 3 years
of full-time effective experience as a library media specialist.
(4) National Board
Certification. Candidates who possess a master’s degree and a National Board
Certificate in the area of Library Media.
(5) Master’s Equivalent.
(a) The applicant shall have
a bachelor’s degree or higher from an institution of higher education, to
include a program of 36 semester hours of post-baccalaureate credit with 15
semester hours completed at one institution and a minimum of 24 semester hours
of graduate credit in the content coursework listed in §B(5)(a) of this
regulation.
(b) Content coursework shall
include:
(i) Administration of library
media programs, including an understanding of State and national library media
standards and technology standards;
(ii) Materials for children
in all formats, including concepts related to the teaching and learning of
reading;
(iii) Materials for young
adults in all formats, including concepts related to the teaching and learning
of reading;
(iv) Selection, evaluation,
and use of materials in all formats to meet student curriculum and
instructional needs;
(v) Access and delivery of
information, including reference and bibliographic systems in all formats;
(vi) Organization of
knowledge, including cataloging and classification, and information retrieval
in all formats;
(vii) Principles of
communication, including dissemination and use of information in all formats;
and
(viii) The design, creation,
and implementation of library media in all formats for instructional use.
(c) Professional education
coursework shall include:
(i) History and philosophy of
education;
(ii) Student developmental
levels, learning theory, and strategies for identifying student information and
learning needs;
(iii) Theory, principles, and
methods of instructional design and delivery; and
(iv) Inclusion of special
needs student populations.
(d) The professional
education coursework listed in §B(5)(b) of this regulation may be met by course
credits earned in addition to, or as part of, the undergraduate degree program.
The total number of post-baccalaureate credits needed for licensure may not be
reduced for course requirements that are met in the applicant’s bachelor’s
degree program. Additional post-baccalaureate or graduate courses may be
substituted.
(e) An applicant shall
satisfactorily complete a school library media practicum, 1 year of full-time
teaching experience, or 1 year of full-time school library media-related
experience.
C. Special education
coursework. In addition to meeting one of the pathways in §B of this regulation,
the applicant must present 3 semester hours or State-approved CPD credits in
special education coursework.
.05 Pupil Personnel Worker.
The requirements for
licensure as a pupil personnel worker are that the applicant shall have:
A. A master’s degree from an
institution of higher education in pupil personnel or a related field, such as:
(1) Counseling or guidance
services, or both;
(2) Early childhood,
elementary, or secondary education;
(3) Human growth and
development;
(4) Sociology, social work,
or psychology;
(5) Special education; or
(6) Administration and
supervision;
B. In addition to or as part
of §A of this regulation, 21 semester hours of graduate credit or State-approved
CPDs, to include school law and at least 6 of the following seven areas:
(1) Counseling methods;
(2) Early childhood or
adolescent psychology, or both;
(3) Multicultural issues;
(4) Family systems/dynamics;
(5) Delivery of pupil
personnel services and programs;
(6) Abnormal psychology or
juvenile delinquency, or both; or
(7) Educational assessment
interpretation;
C. 3 years of effective
teaching experience, or, at the recommendation of a local superintendent of
schools, related experience may be substituted for teaching experience; and
D. 3 semester hours of credit
or State-approved CPDs in inclusion of special needs student populations.
.06 Reading Specialist.
The requirements for
certification as a reading specialist are that the applicant shall:
A. Meet the requirements for
licensure in early childhood education, elementary education, special
education, or a secondary education area;
B. Submit verification of 3
years of effective teaching or clinical experience;
C. Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
D. Complete
the requirements of one of the
following pathways:
(1) Maryland Approved
Program. Candidates who possess a master’s degree and complete a program
approved under COMAR 13A.07.06 leading to licensure as a reading specialist;
(2) Out-of-State Preparation
Program. Candidates who possess a master’s degree and complete an approved
program leading to licensure as a reading specialist in another state; or
(3) Professional Coursework.
Candidates who possess a master’s degree or equivalent of 33 post-baccalaureate
credits from an institution of higher education in reading and related areas to
include:
(a) 15 semester hours of
reading coursework with at least one course in each of the following areas:
(i) Foundation or survey
course;
(ii) Diagnosis and correction
of reading difficulties;
(iii) Clinical or laboratory
practicum;
(iv) Assessment or
evaluation, or both; and
(v) Methods in the teaching
of reading to English language learners; and
(b) Additional coursework
selected from at least four of the following areas:
(i) Emergent literacy;
(ii) Literacy Leadership;
(iii) Content area literacy;
(iv) Writing;
(v) Effective use of
technology in the literacy classroom;
(vi) Early Childhood,
Elementary, or Adolescent literacy;
(vii) Literacy research; and
(viii) Linguistics.
E.
Special Provision.
(1) An applicant who satisfies the
requirements of §A of this regulation by presenting a teaching license in a
secondary education area shall demonstrate proficiency in the knowledge and
practices of scientific reading instruction, to include phonemic awareness,
phonics, fluency, vocabulary, and comprehension.
(2) Demonstration of proficiency may be
satisfied by submitting one of the following:
(a)
A passing score on a reading instruction test approved by the State Board of
Education;
(b)
Completion of coursework or professional learning approved by the Department;
or
(c)
Submission of attestation of proficiency through observation completed by a
Department-recognized assessor; or
(d)
Completion of training provided by the Department in the science of reading.
.07 Reading Teacher.
A. Requirements for
Licensure. The requirements for licensure as a reading teacher are that the
applicant shall:
(1) Meet
the requirements for licensure in early childhood education, elementary
education, or a secondary education area;
(2)
Complete 3 semester hours or State-approved CPD credits in special education
coursework;
(3)
Have 12 semester hours of post-baccalaureate graduate credit from an institution
of higher education in reading, including a foundation or survey course and a
course in diagnosis and correction of reading difficulties; and
(4)
Have 2 years of successful teaching experience.
B. Special Provision.
(1) An applicant who
satisfies the requirements of §A(1) of this regulation by presenting a teaching
license in a secondary education area shall demonstrate proficiency in the
knowledge and practices of scientific reading instruction, to include phonemic
awareness, phonics, fluency, vocabulary, and comprehension.
(2) Demonstration of
proficiency may be satisfied by submitting one of the following:
(a) A passing score on a
reading instruction test approved by the State Board of Education;
(b) Completion of coursework
or professional learning approved by the Department; or
(c) Submission of attestation
of proficiency through observation completed by a Department-recognized
assessor; or
(d) Completion of training
provided by the Department in the science of reading.
.08 Psychometrist.
A. Definition.
(1) In this chapter, the
following term has the meaning indicated.
(2) Term Defined.
“Psychometrist” means an individual who works directly under the professional
supervision of a school psychologist or supervisor of school psychological
services. The purpose of this position is limited to providing assistance to
the school psychologist by administering psychological tests and other related
psychometric tasks.
B. Education. An applicant
for licensure as a psychometrist shall have the following:
(1) A master’s degree from an
institution of higher education in psychology or education.
(2) 45 semester hours of
graduate and undergraduate coursework from an institution of higher education that
shall include the following areas:
(a) Tests and measurements;
(b) Individual intelligence
testing of children;
(c) Individual educational
assessment of children, reading assessment, curriculum-based assessment;
(d) Assessment of personality
(including social, emotional, and behavioral assessment of children);
(e) Practicum in
psychological testing of children;
(f) Developmental psychology
child and adolescent psychology;
(g) Statistics/research
methods, research design;
(h) Personality theory;
(i) Learning process/theory;
(j) Abnormal psychology,
psychopathology;
(k) Educational psychology;
(l) Curriculum and
instruction;
(m) Intervention techniques,
consultation, counseling;
(n) Social bases of behavior,
social psychology, multicultural psychology; and
(o) Physiological and
neurological bases of behavior.
(3) Coursework required in
§B(2)(a), (h)—(l), and (n) of this regulation may be taken at the undergraduate
level.
(4) 3 semester hours or
State-approved CPD credits in special education coursework.
C. Experience. An applicant
demonstrating compliance with the experience requirements for licensure as a
psychometrist shall comply with the following:
(1) Option I.
(a) 500 clock hours of field
experience in school psychology which is approved by and under the direction of
an institution of higher education that has an approved program in psychology.
(b) The applicant shall
ensure that field experience includes experience in regular and special
education programs and emphasizes assessment.
(c) The applicant shall ensure
that field supervision occurs under an individual licensed as a school
psychologist.
(2) Option II.
(a) 2 years of successful
experience of at least 600 clock hours per year providing psychometric services
to children in an educational setting under the supervision of an individual
licensed as a school psychologist.
(b) The supervision
requirement may be waived if an applicant has previously provided these
services as a licensed psychologist.
.09 School Psychologist.
A. Definition. “School psychologist”
means an individual who is licensed to provide psychological services to
children in a public or State-approved nonpublic school setting and supervises
interns and psychometrists.
B. Education. An applicant
for licensure as a school psychologist shall:
(1) Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
(2) Complete one of the
following pathways to licensure:
(a) Option I:
(i) Submit a master’s degree
or higher in school psychology from a Maryland-approved program; and
(ii) Qualifying scores on the
Maryland-approved test for school psychologist.
(b) Option II:
(i) Submit a master’s degree
or higher and complete an out-of-State-approved program in school psychology,
culminating a minimum of a 1,200-hour internship in school psychology; and
(ii) Submit qualifying scores
on the Maryland-approved test for school psychologist.
(c) Option III: Submit a
valid Nationally Certified School Psychologist certificate issued by the
National School Psychology Certification Board.
(d) Option IV:
(i) Submit a master’s degree
or higher from an institution of higher education; and
(ii) Submit a valid
professional license in school psychology from another state and verification
of at least 27 months of effective performance as a school psychologist during
the past 7 years, on the basis of which application is being made for a
comparable Maryland license.
.10 Therapists (Occupational
Therapists, Physical Therapists, Speech-Language Pathologists, or
Audiologists).
A. The Department shall
consider an occupational therapist, physical therapist, speech-language
pathologist, or audiologist holding a valid license issued by the State Board
of Occupational Therapy Practice, the State Board of Physical Therapy
Examiners, or the State Board of Audiologists, Hearing Aid Dispensers, and
Speech-Language Pathologists, in accordance with the relevant provisions of the
Health Occupations Article, Annotated Code of Maryland as professionally
licensed.
B. This individual does not
require an additional educator license.
.11 School Social Worker.
To obtain educator licensure
as a school social worker, the applicant shall:
A. Be licensed by the
Maryland State Board of Social Work Examiners as a:
(1) Masters Social Worker;
(2) Certified Social Worker;
or
(3) Certified Social Worker —
Clinical.
B. Complete 3 semester hours
or State-approved CPD credits in special education coursework.
.12 Gifted and Talented
Education Specialist.
To be licensed as a Gifted
and Talented Education Specialist, an applicant shall:
A. Complete one of the
following:
(1) A Department-approved
master’s program that leads to licensure in Gifted and Talented Education;
(2) An out-of-State approved
master’s program that leads to Gifted and Talented licensure; or
(3) Approved coursework.
(a) Complete 15 semester
hours of graduate coursework in Gifted and Talented Education from an institution
of higher education, which includes a balance of content in the following
competencies:
(i) Understanding the
foundations of gifted education, including historical perspectives, key
philosophies and theories, social, cultural, and economic influences, key
issues, and trends;
(ii) Understanding the unique
cognitive and affective characteristics of gifted and talented students, including
the learning differences of gifted and talented students with disabilities and
those from diverse backgrounds;
(iii) Understanding processes
and procedures for the identification of gifted and talented students,
including the use of equitable approaches for identifying gifted and talented
students from diverse backgrounds and those with disabilities;
(iv) Understanding
evidence-based instructional strategies for differentiating instruction for
gifted and talented students, including strategies that enhance acquisition of
knowledge and skills in specific domains, critical and creative thinking,
problem solving, and metacognition;
(v) Understanding theories
and models for developing and implementing curriculum, instruction, and
assessments for gifted and talented students; and
(vi) Understanding how to
create learning environments that foster the social and emotional well-being of
gifted and talented students, including the development of self-awareness,
coping skills, positive peer relationships, and leadership; and
(b) Complete at least 3
semester hours in a clinical/laboratory internship;
B. Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
C. Present verification of 27
months of effective teaching experience or clinical experience.
.13 Renewal and Advancement
of a Specialist License.
A. General.
(1) An applicant who holds a
license is responsible for initiating the renewal of the license.
(2) An applicant shall ensure
renewal requirements are received before the expiration date of the license to
be considered continuous.
(3) Failure to Meet
Requirements. Failure to meet the requirements of this section results in nonrenewal
of the license.
(4) Advancement to a New
License. An applicant may apply to advance to the next level of licensure by
meeting the requirements under §.02A of this chapter.
B. Professional Development
Requirements. The Initial Professional, Professional, and Advanced Professional
License may be renewed for successive 5-year terms upon the successful
completion of the requisite number of professional development points (PDPs) as
set forth in Regulation .15 of this chapter based on an individual professional
development plan as set forth in Regulation .14 of this chapter that is designed
to improve student learning and that is approved, if required, by the
educator’s supervisor.
C.
Application Process.
(1) Renewal. An educator may renew their existing Initial Professional,
Professional, or Advanced Professional License by submitting:
(a) A completed application, in the manner required by the Department;
(b) A statement, signed under the penalty of perjury, that the
applicant has completed all requirements for licensure renewal, including the
requisite number of Professional Development Points under an Individual
Professional Development Plan; and
(c) The required fee.
(2) Advancement. An educator may request advancement to a new level of
licensure by submitting:
(a) A completed application, in the manner required by the Department;
(b) Supporting documentation demonstrating the applicant has met the
requirements for the new level of licensure; and
(c) The required fee.
(3) All documentation submitted is subject to audit by the Department,
and the educator shall provide additional documentation to the Department on
request.
(4) Individuals employed by a Maryland local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10, may
submit documentation directly to the employer.
(5) Individuals who are not employed by a Maryland local school system,
State-operated school, or nonpublic school approved under COMAR 13A.09.10 shall
submit documentation directly to the Department.
D. Renewal Requirements that May Not Be Waived. School counselors shall
present 1 semester hour of coursework from an institution of higher education,
one Department-approved continuing professional development credit; or an
equivalent number of continuing education units that address the following:
(1) Depression;
(2) Trauma;
(3) Violence;
(4) Youth suicide;
(5) Substance Abuse; and
(6) The identification of
professional resources and best practices for distributing resources to parents
or guardians to help students in crisis.
.14 Individual Professional
Development Plans.
A. Individual Professional
Development Plans.
(1) An educator shall have an
individual professional development plan in place for each of the 5 years of
validity for each Initial Professional, Professional, and Advanced Professional
license issued to the educator.
(2) An individual
professional development plan shall include a minimum of 90 professional
development points, as set forth in Regulation .15 of this chapter, to renew
the educator’s License.
(3) Educators who are not
employed with a local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 are responsible for developing their own
individual professional development plan.
B. Approval of an Individual
Professional Development Plan.
(1) Educators working in a
Maryland local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 shall obtain approval of their proposed
individual professional development plan from their supervisors.
(2) The educator’s
supervisor, or an appropriate designee, shall approve proposed individual
professional development plans.
(3) Educators shall obtain
initial approval of their individual professional development plan within 6
months of issuance of the license to be renewed.
(4) Supervisor Review.
(a) A supervisor shall review
the existing individual professional development plan of any educator new to
the district or school within 3 months of the educator’s beginning employment
in the new position.
(b) A supervisor may require
an educator to amend the plan or may withdraw approval for a plan that had been
previously approved, but the Department shall approve any professional
development points that were earned consistently with an approved plan in the
application for license renewal.
(5) Signatures.
(a) Before applying to renew
an Initial Professional, Professional, or Advanced Professional license,
educators shall obtain a signature from a current supervisor.
(b) A supervisor’s signature
shall indicate that the supervisor has reviewed the log of professional
development activities maintained by the educator to ensure that the reported
activities are consistent with the approved individual professional development
plan.
(c) The educator remains
responsible for the final accounting of professional development points applied
towards license renewal.
(d) An educator whose
supervisor refuses to sign an Individual professional development plan may
follow the review procedures set forth in §B(7) of this regulation.
(6) Approval of an individual
professional development plan may not be unreasonably withheld by a supervisor.
(7) If a plan is rejected by
a supervisor, an educator may seek review of the denial from:
(a) The superintendent of
schools, or designee, if employed with a local school system;
(b) The Chief Officer of the
Legal Authority, or designee, if employed with a nonpublic school approved
under COMAR 13A.09.10; or
(c) The Executive Director,
or comparable position, if employed with a State-operated school.
.15 Professional Development
Points.
A. Professional Development
Point (PDP).
(1) 1 clock hour is
equivalent to one PDP.
(2) 1 semester hour is
equivalent to 15 PDPs.
(3) One Department-approved
continuing professional development credit is equivalent to 15 PDPs.
(4) One continuing education
unit is equivalent to ten PDPs.
B. Educators applying to
renew an Initial Professional, Professional, or Advanced Professional License
shall complete a minimum of 90 PDPs to include:
(1) Content or pedagogy
related to an area on the educator’s license;
(2) English as a Second
Language, Sheltered English, or Bilingual Education;
(3) Strategies for teaching
students with disabilities, or differentiated instruction for students with
diverse learning needs; and
(4) Culturally Responsive
Teaching or diverse student identities in education.
C. Additional Requirements
for Specific Certification Areas.
(1) Blind/Visually Impaired.
Teachers who hold a license in the area of the Blind/Visually Impaired shall
present a minimum of 15 PDPs in braille maintenance.
(2) School Counselor. An
educator who is licensed as a School Counselor shall present 1 semester hour of
coursework from an Institution of Higher Education, one Department-approved
continuing professional development credit; or an equivalent number of
continuing education units that address the following:
(a) Depression;
(b) Trauma;
(c) Violence;
(d) Youth suicide;
(e) Substance abuse; and
(f) The identification of
professional resources and best practices for distributing resources to parents
or guardians to help students in crisis.
(3) Administrator. If an
educator is employed in a local school system, State-operated school, or
nonpublic school approved under COMAR 13A.09.10 and assigned in an
administrator or supervisor position, the educator shall submit PDPs which
include:
(a) Strategies for increasing
teacher retention; and
(b) Strategies for developing
and facilitating teacher leadership.
D. Professional development
points may be accrued by the completion of one of more of the following:
(1) College credit earned or
taught at an accredited institution of higher education.
(2) Continuing professional
development (CPD) credits, earned or taught, approved by the Department.
(3) Continuing education
units (CEUs) from an accredited International Association for Continuing
Education and Training provider or approved by another Maryland State agency
for purposes of licensure.
(4) Professional conference.
A professional conference is a workshop, institute, or seminar of 4 or more
hours that contributes to ongoing, sustained, and high-quality professional
development.
(5) Curriculum Development.
(a) Curriculum development is
a group activity in which the license holder contributes to the improvement of
the curriculum of a school, a school division, or an educational institution.
(b) This includes the
alignment of curriculum frameworks, instructional materials, and assessments to
provide a system with clear expectations of what is to be taught and learned.
(c) For each curriculum
developed, the Department shall award the educator up to 30 PDPs.
(6) Publication of a Book or
Article.
(a) The license holder shall
ensure that the book or article contributes to the education profession or to
the body of knowledge of the license holder’s teaching area or instructional
position.
(b) The educator shall ensure
that an article is published in a recognized professional journal.
(c) The educator shall ensure
that books are published for purchase.
(d) For each book published,
the Department shall award the educator up to 75 PDPs. For each article
published, the Department shall award the educator up to 10 PDPs.
(7) Mentorship.
(a) Mentoring is the process
by which an experienced professional who has received mentorship training helps
one or more individuals to improve their performance.
(b) Assistance may involve
role modeling, direct instruction, demonstration, observation with feedback,
developing of plans, and consultation to promote instructional excellence and
increased student achievement.
(c) Mentoring may include the
supervision of a field experience of a pre-service student teacher or an intern
in an approved teacher preparation program, as well as mentoring as part of the
induction process for a beginning teacher.
(8) Micro-Credentials.
(a) Micro-credentials are a
digital form of certification indicating demonstrated competency/mastery in a
specific skill or set of skills.
(b) Educators identify a
competency they want to develop, submit evidence that they have mastered the
competency, and receive a digital badge once the evidence is approved.
(c) Micro-credentials can be
earned by non-profit and for-profit entities approved by the local school
system, State-operated school, nonpublic school, or the Department.
(d) For each micro-credential
earned, the Department shall award the educator up to 10 PDPs.
(9) Professional Development
Activity.
(a) The Department shall
accept professional development activities approved by the Department, Maryland
local school system, State Agency, a Maryland approved nonpublic school, or
another state department of education.
(b) The license holder shall
ensure that each activity is a minimum of 1 contact hour.
E. An educator who earns a
National Board Certificate from the National Board of Professional Teaching
Standards may present that certificate when subsequently renewing a Maryland
Educator License as a substitute for §B of this regulation.
13A.12.05 Administrators and
Supervisors
Authority: Education Article,
§§2-205, 2-303(g), 6-701—6-708, 8-3A-03, and 8-701—8-708, Annotated Code of Maryland
.01 Purpose.
Administrators and
supervisors who have direct contact with students, who have responsibility for
curriculum development, or who have responsibility for supervision of
instruction shall meet the requirements for a license under COMAR 13A.12.05, as
applicable.
.02 Licenses for
Administrators and Supervisors.
A. Types of
Administrator/Supervisor Licenses.
(1) Initial Professional.
(a) The Initial Professional
License is valid for 5 years and may be renewed should the license holder meet the
renewal requirements under Regulation .15 of this chapter.
(b) An applicant who has met
the requirements of one of the pathways to licensure under Regulations .03—.12
of this chapter is eligible for an Initial Professional License.
(2) Professional.
(a) The Professional License
is valid for 5 years and may be renewed should the license holder meet the
renewal requirements under Regulation .15 of this chapter.
(b) An applicant who has met
the requirements of one of the pathways to licensure under Regulations .03—.12
of this chapter is eligible for a Professional License if the applicant submits
documentation:
(i) Verifying 3 years of
effective administrative or supervisory performance; and
(ii) Demonstrating completion
of a Maryland induction program, if applicable.
(3) Advanced Professional.
(a) The Advanced Professional
License is valid for 5 years and may be renewed should the license holder meet
the renewal requirements under Regulation .13 of this chapter.
(b) An applicant who has met
the requirements of one of the pathways to licensure under this chapter is
eligible for an Advanced Professional License if the applicant meets the
requirements for the Professional License under §A(2) of this regulation and submits
documentation that the applicant has:
(i) A master’s degree or
higher;
(ii) At least 30 semester
hours of post baccalaureate credit; or
(iii) A National Board
Certificate issued by the National Board for Professional Teaching Standards.
B. The Department shall
evaluate credits from institutions in other countries for comparability of
degree and coursework by an independent agency authorized to analyze foreign
credentials and designated by the Department. The evaluation is conclusive for
the Department.
.03 Supportive Services
Personnel.
A. Purpose. The State
Superintendent of Schools may license as Supportive Services Personnel a
qualified employee of a local school system who is assigned to administrative
or supervisory responsibilities not otherwise covered in these regulations, and
who has responsibilities comparable to those assigned to individuals who hold
specific supervisory licenses.
B. Education. An applicant
for licensure as Supportive Services Personnel shall have a bachelor’s degree
or higher appropriate to the area of responsibility from an institution of
higher education.
C. This license is issued at
the request of a local school, State-operated school, or nonpublic school
approved under COMAR 13A.09.10.
.04 Superintendents.
A. Superintendent I.
(1) This license qualifies an
individual to be assigned as a county deputy superintendent, assistant
superintendent or associate superintendent through either Traditional or
Reciprocal Licensure.
(2) An applicant for
Traditional Licensure shall meet the education and experience requirements.
(3) Education Requirements
for Traditional Licensure. The applicant shall have:
(a) A master’s degree from an
institution of higher education;
(b) Completed one of the
following:
(i) A Department-approved
program which leads to licensure as a superintendent;
(ii) A program offered by an institution
of higher education leading to licensure as a superintendent in the state in
which the institution is located; or
(iii) 45 semester hours of
graduate coursework, including a minimum of 15 semester hours in education
administration taken at an institution of higher education. Graduate coursework
earned under §A(3)(a) of this regulation may be applied toward the 45 required
semester hours; and
(c) 3 semester hours or
State-approved CPD credits in special education coursework.
(4) Experience Requirements
for Traditional Licensure. The applicant shall have:
(a) 27 months of effective
teaching performance or effective performance as a licensed specialist as
defined in COMAR 13A.12.03 in a pre-kindergarten—12 setting; and
(b) 24 months of effective
administrative or supervisory experience in a pre-kindergarten—12 setting.
(5) Requirements for
Reciprocal Licensure. A deputy, associate, or assistant superintendent who enters
Maryland from another state may obtain a Superintendent I license if that
individual:
(a) Holds a valid
professional state license in a like or comparable area;
(b) Presents verification of
at least 36 months of effective performance as a deputy, associate, or
assistant superintendent during the past 7 years; and
(c) Completes 3 semester
hours or State-approved CPD credits in special education coursework.
B.
Superintendent II.
(1) This license qualifies an
individual to be a county superintendent through either Traditional or
Reciprocal Licensure.
(2) An applicant for
Traditional Licensure shall meet the education and experience requirements.
(3) Education Requirements
for Traditional Licensure. The applicant shall have:
(a) A master’s degree from an
institution of higher education;
(b) Have completed one of the
following:
(i) A Department-approved
program which leads to licensure as a superintendent to include coursework
covering public school administration, supervision, and methods of teaching;
(ii) A program offered by an institution
of higher education leading to licensure as a superintendent in the state in
which the institution is located to include coursework covering public school administration,
supervision, and methods of teaching; or
(iii) 60 semester hours of
graduate coursework, including a minimum of 24 semester hours in education
administration taken at an institution of higher education, to include public
school administration, supervision, and methods of teaching. Graduate
coursework earned under §B(3)(a) of this regulation may be applied toward the
60 required semester hours; and
(c) 3 semester hours or
State-approved CPD credits in special education coursework.
(4) Experience Requirements
for Traditional Licensure. The applicant shall have:
(a) 27 months of effective
teaching performance or effective performance as a licensed specialist as
defined in COMAR 13A.12.03 in a pre-kindergarten—12 setting; and
(b) 24 months of effective
administrative or supervisory experience in a pre-kindergarten—12 setting.
(5) Requirements for
Reciprocal Licensure. A superintendent who enters Maryland from another state
may obtain a Superintendent II license if that individual:
(a) Holds a valid
professional state license in a like or comparable area;
(b) Presents verification of
at least 36 months of effective performance as a superintendent during the past
7 years;
(c) Presents verification of
2 years of graduate work at an institution of higher education, to include
coursework covering public school administration, supervision, and methods of
teaching; and
(d) Completes 3 semester
hours or State-approved CPD credits in special education coursework.
.05 Supervisors of
Instruction, Assistant Principals, and Principals.
A. Application of Regulation.
(1) This regulation applies
to obtaining licensure as an Administrator I or Administrator II.
(2) If a principal transfers
to become a principal in a special education school, the principal shall hold a
Supervisor of Special Education license as set forth in Regulation .10 of this
chapter.
B. Administrator I.
(1) This license qualifies an
individual to be assigned as a supervisor of instruction or assistant
principal.
(2) The applicant shall have:
(a) A master’s degree from an
institution of higher education;
(b) 27 months of effective
teaching performance or effective performance as a certified specialist as
defined in COMAR 13A.12.04;
(c) 3 semester hours or
State-approved CPD credits in special education coursework; and
(3) Completed one of the
following:
(a) A Department-approved
program which leads to licensure as a supervisor of instruction, assistant
principal, or principal;
(b) An approved out-of-State
program which leads to licensure as a supervisor of instruction, assistant
principal, or principal and includes a supervised clinical practicum; or
(c) 18 semester hours of
graduate coursework taken at an institution of higher education at the
post-baccalaureate level, to include a balance of content in the following
categories:
(i) Curriculum, instruction,
and assessment;
(ii) Development,
observation, and evaluation of staff;
(iii) Legal issues and
ethical decision-making;
(iv) School leadership,
management and administration; and
(v) Practicum, internship, or
a collaboratively designed and supervised experience by the local school system
and institution of higher education, to include Department-approved
instructional leadership outcomes with verification of this experience
submitted by the applicant.
C. Administrator II.
(1) This license qualifies an
individual to be assigned as a school principal.
(2) The applicant, before
initial appointment as principal, shall:
(a) Complete the requirements
for Administrator I; and
(b) Present evidence of a
qualifying score as established by the State Board on a Department-approved
principal licensure assessment.
(3) A principal who enters
Maryland from another state may obtain an Administrator II license if that
principal held a valid professional state license and verification of at least
27 months of effective performance as a principal.
.06 Library Media
Administrator.
A. Definition.
(1) In this regulation, the
following term has the meaning indicated.
(2) Term Defined. “Library
media administrator” means an individual designated by the local superintendent
of schools as having responsibility for the:
(a) Administration and
supervision of the library media program, including the supervision of the
library media program in the individual schools; and
(b) Development of policies,
programs, budgets, and procedures for the library media services of the school
system and its schools.
B. Education and Experience.
To be licensed as library media administrator, the applicant shall:
(1) Meet the requirements for
licensure as a library media specialist;
(2) Have a master’s degree
from an institution of higher education;
(3) Have 3 years of effective
library media program experience;
(4) Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
(5) Complete one of the
options listed under Regulation .05 of this chapter that would lead to
certification as Administrator I.
C.
Special Provision. An applicant seeking to satisfy the requirements of §B(3) of
this regulation may, at the recommendation of the local school superintendent, substitute
2 years of related effective experience for 2 years of library media program
experience.
.07 Supervisor of School
Counseling.
The requirements for
certification as a supervisor of school counseling are that the applicant
shall:
A. Meet the requirements for
licensure as a school counselor;
B. Have 3 years of effective
performance as a school counselor;
C. Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
D. Have 12 semester hours of
graduate credit from an institution of higher education in any of the following
areas, with at least 6 semester hours in school supervision or school
administration:
(1) Management;
(2) School supervision;
(3) School administration;
(4) Program development; or
(5) Program evaluation.
.08 Supervisor of School
Psychological Services.
The requirements for
licensure as a supervisor of school psychological services are that the
applicant shall:
A. Meet the requirements for
licensure as a school psychologist under COMAR 13A.12.03.07;
B. Have a doctoral degree:
(1) From a state or
accredited school psychology program, a national educator preparation
accreditation organization, National Association of School Psychologists, or
American Psychological Association accredited school psychology program; or
(2) In psychology or
education or human development;
C. As part of or in addition
to §B of this regulation, have 9 semester hours of graduate credits including 3
semester hours in school law and 6 semester hours in supervision, management,
or administration of schools;
D. Have 3 years of experience
as a school psychologist under COMAR 13A.12.04.09; and
E. Complete 3 semester hours
or State-approved CPD credits in special education coursework.
.09 Supervisor of Pupil
Personnel.
The requirements for
licensure as a supervisor of pupil personnel are that the applicant shall:
A. Meet the requirements for
licensure as a pupil personnel worker;
B. Have a master’s degree
from an institution of higher education;
C. As part of or in addition
to §B of this regulation, have a graduate course in the area of administration
and supervision;
D. Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
E. Have 3 years of successful
teaching experience. At the recommendation of the local superintendent of
schools, related experience may be substituted for teaching experience.
.10 Supervisor of Special
Education.
A. Principal Public Separate
School. The requirements for certification as a principal in a public separate
school are that the applicant shall:
(1) Meet the requirements for
licensure in special education; and
(2) Meet the requirements for
licensure as an Administrator II.
B. Supervisor of Special
Education (Sole Assignment). The requirements for licensure as a supervisor of
special education are that the applicant shall:
(1) Meet the requirements for
licensure in special education; and
(2) Meet the requirements for
licensure as an Administrator I.
C. Special Provision.
Supervisors with multiple area assignments shall meet the requirements set
forth in Regulation .05 of this chapter.
.11 Supervisor of Speech
Pathologists and Audiologists.
The requirements for a
license as a supervisor of speech pathology and audiology are that the
applicant shall:
A. Meet the requirements for
certification or licensure as otherwise provided in Health Occupations Article,
§2-301, Annotated Code of Maryland, as a speech pathologist or audiologist;
B. Have a master’s degree
from an institution with an approved program when graduating with at least one
course in administrative and supervisory techniques and one course in the
development of school curriculum;
C. Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
D. Have 4 years full-time
paid experience or its equivalent as a speech and hearing clinician, 2 years of
which shall have been in a school setting.
.12 Supervisor of Teachers of
Deaf and Hard of Hearing.
The requirements for
licensure as a supervisor of teachers of the deaf and hard of hearing are that
the applicant shall:
A. Meet the requirements for
licensure as a teacher of the deaf and hard of hearing;
B. Have a master’s degree
from an institution of higher education, with at least one course in
administrative and supervisory techniques and one course in curriculum
development;
C. Complete 3 semester hours
or State-approved CPD credits in special education coursework; and
D. Have experience that
includes:
(1) 3 years of successful
teaching experience with the deaf and hard of hearing; or
(2) 4 years paid experience
or its equivalent in a school setting with 2 years successful teaching
experience with the deaf and hard of hearing.
.13 Renewal and Advancement
of an Administrator/Supervisor License.
A. General.
(1) An applicant who holds a
license is responsible for initiating the renewal of the license.
(2) An applicant shall ensure
renewal requirements are received before the expiration date of the license to
be considered continuous.
(3) Failure to Meet
Requirements. Failure to meet the requirements of this section results in nonrenewal
of the license.
(4) Advancement to a New
License. An applicant may apply to advance to the next level of licensure by
meeting the requirements under §.02A of this chapter.
B. Professional Development
Requirements. The Initial Professional, Professional, and Advanced Professional
License may be renewed for successive 5-year terms on the successful completion
of the requisite number of professional development points (PDPs) as set forth
in Regulation .15 of this chapter based on an individual professional
development plan as set forth in Regulation .14 of this chapter that is
designed to improve student learning and that is approved, if required, by the
educator’s supervisor.
C. Application Process.
(1) Renewal. An educator may
renew their existing Initial Professional, Professional, or Advanced
Professional License by submitting:
(a) A completed application,
in the manner required by the Department;
(b) The required fee; and
(c) A statement, signed under
the penalty of perjury, that the applicant has completed all requirements for
licensure renewal, including the requisite number of Professional Development
Points under an Individual Professional Development Plan.
(2) Advancement. An educator
may request advancement to a new level of licensure by submitting:
(a) A completed application,
in the manner prescribed by the Department;
(b) Supporting documentation
demonstrating the applicant has met the requirements for the new level of
licensure; and
(c) The required fee.
(3) All documentation
submitted is subject to audit by the Department, and the educator shall provide
additional documentation to the Department on request.
.14 Individual Professional
Development Plans.
A. Individual Professional
Development Plans.
(1) An educator shall have an
individual professional development plan in place for each of the 5 years of
validity for each Initial Professional, Professional, and Advanced Professional
license issued to the educator.
(2) An individual
professional development plan shall include a minimum of 90 professional
development points, as set forth in Regulation .15 of this chapter, to renew
the educator’s license.
(3) Educators who are not
employed with a local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 are responsible for developing their own
individual professional development plan.
B. Approval of an Individual
Professional Development Plan.
(1) Educators working in a
Maryland local school system, State-operated school, or nonpublic school
approved under COMAR 13A.09.10 shall obtain approval of their proposed
individual professional development plan from their supervisors.
(2) The educator’s
supervisor, or an appropriate designee, shall approve proposed individual
professional development plans.
(3) Educators shall obtain
initial approval of their individual professional development plan within 6
months of issuance of the license to be renewed.
(4) Supervisor Review.
(a) A supervisor shall review
the existing individual professional development plan of any educator new to
the district or school within 3 months of the educator’s beginning employment
in the new position.
(b) A supervisor may require
an educator to amend the plan or may withdraw approval for a plan that had been
previously approved, but the Department shall approve any professional
development points that were earned consistently with an approved plan in the
application for license renewal.
(5) Signatures.
(a) Before applying to renew
an Initial Professional or Professional license, educators shall obtain a
signature from a current supervisor.
(b) A supervisor’s signature
shall indicate that the supervisor has reviewed the log of professional
development activities maintained by the educator to ensure that the reported
activities are consistent with the approved individual professional development
plan.
(c) The educator remains
responsible for the final accounting of professional development points applied
towards license renewal.
(d) An educator whose
supervisor refuses to sign an individual professional development plan may
follow the review procedures set forth in §B(7) of this regulation.
(6) Approval of an individual
professional development plan may not be unreasonably withheld by a supervisor.
(7) If a plan is rejected by
a supervisor, an educator may seek review of the denial from:
(a) The superintendent of
schools, or designee, if employed with a local school system;
(b) The Chief Officer of the
Legal Authority, or designee, if employed with a nonpublic school approved
under COMAR 13A.09.10; or
(c) The Executive Director,
or comparable position, if employed with a State-operated school.
.15 Professional Development
Points.
A. Professional Development
Point (PDP). The Department shall measure professional development activities
as follows:
(1) 1 clock hour is
equivalent to one PDP.
(2) 1 semester hour is
equivalent to 15 PDPs.
(3) One Department-approved
continuing professional development credit is equivalent to 15 PDPs.
(4) One continuing education
unit is equivalent to ten PDPs.
B. Educators applying to
renew an Initial Professional, Professional, or Advanced Professional License
shall complete a minimum of 90 PDPs to include:
(1) Content or pedagogy
related to an area on the educator’s license;
(2) English as a Second
Language, Sheltered English, or Bilingual Education;
(3) Strategies for teaching
students with disabilities, or differentiated instruction for students with
diverse learning needs; and
(4) Culturally Responsive
Teaching or diverse student identities in education.
C. Additional Requirements
for Specific Certification Areas.
(1) Blind/Visually Impaired.
Teachers who hold a license in the area of the Blind/Visually Impaired shall
present a minimum of 15 PDPs in braille maintenance.
(2) School Counselor. An
educator who is licensed as a School Counselor shall present 1 semester hour of
coursework from an institution of higher education, one Department-approved
continuing professional development credit; or an equivalent number of
continuing education units that address the following:
(a) Depression;
(b) Trauma;
(c) Violence;
(d) Youth suicide;
(e) Substance abuse; and
(f) The identification of
professional resources and best practices for distributing resources to parents
or guardians to help students in crisis.
(3) Administrator. If an
educator is employed in a local school system, State-operated school, or
nonpublic school approved under COMAR 13A.09.10 and assigned in an
administrator or supervisor position, the educator shall submit PDPs which
include:
(a) Strategies for increasing
teacher retention; and
(b) Strategies for developing
and facilitating teacher leadership.
D. Professional development
points may be accrued by the completion of one of more of the following:
(1) College credit earned or
taught at an accredited institution of higher education.
(2) Continuing professional
development (CPD) credits, earned or taught, approved by the Department.
(3) Continuing education
units (CEUs) from an accredited International Association for Continuing
Education and Training provider or approved by another Maryland State agency
for purposes of licensure.
(4) Professional conference.
A professional conference is a workshop, institute, or seminar of 4 or more
hours that contributes to ongoing, sustained, and high-quality professional
development.
(5) Curriculum Development.
(a) Curriculum development is
a group activity in which the license holder contributes to the improvement of
the curriculum of a school, a school division, or an educational institution.
(b) This includes the
alignment of curriculum frameworks, instructional materials, and assessments to
provide a system with clear expectations of what is to be taught and learned.
(c) For each curriculum
developed, the Department shall award the educator up to 30 PDPs.
(6) Publication of a Book or
Article.
(a) The license holder shall
ensure that the book or article contributes to the education profession or to
the body of knowledge of the license holder’s teaching area or instructional
position.
(b) The educator shall ensure
that an article is in a recognized professional journal.
(c) The educator shall ensure
that books are published for purchase.
(d) For each book published,
the Department shall award the educator up to 75 PDPs. For each article
published, the Department shall award the educator up to 10 PDPs.
(7) Mentorship.
(a) Mentoring is the process
by which an experienced professional who has received mentorship training helps
one or more individuals to improve their performance.
(b) Assistance may involve
role modeling, direct instruction, demonstration, observation with feedback,
developing of plans, and consultation to promote instructional excellence and
increased student achievement.
(c) Mentoring may include the
supervision of a field experience of a pre-service student teacher or an intern
in an approved teacher preparation program, as well as mentoring as part of the
induction process for a beginning teacher.
(8) Micro-Credentials.
(a) Micro-credentials are a
digital form of certification indicating demonstrated competency/mastery in a
specific skill or set of skills.
(b) Educators identify a
competency they want to develop, submit evidence that they have mastered the
competency, and receive a digital badge once the evidence is approved.
(c) Micro-credentials can be
earned by non-profit and for-profit entities approved by the local school
system, State-operated school, nonpublic school, or the Department.
(d) For each micro-credential
earned, the Department shall award the educator up to 10 PDPs.
(9) Professional Development
Activity.
(a) The Department shall
accept professional development activities approved by the Department, Maryland
local school system, State Agency, a Maryland approved nonpublic school, or
another state department of education.
(b) The license holder shall
ensure that each activity is a minimum of 1 contact hour.
E. An educator who earns a
National Board Certificate from the National Board of Professional Teaching
Standards may present that certificate when subsequently renewing a Maryland
Educator License as a substitute for §B of this regulation.
13A.12.06 Disciplinary
Actions and Denials
Authority: Education Article,
§§2-205, 2-303(g), and 6-701—6-708; Family Law Article, §10-119.3; Annotated
Code of Maryland
.01 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Charge” means the
written cause on which a proposed suspension or revocation is based.
(2) “Denial” means that an
individual may not be issued a license because the individual has committed one
or more causes that could lead to the suspension or revocation of a license.
(3) “Revocation” means that an
educator’s license is withdrawn permanently.
(4) "Substantiated"
means the allegation is supported by proof or evidence, including: witness
statements, photographs, videos, and investigation reports.
(5) “Suspension” means that an
educator’s license is withdrawn for a specified period of time.
(6) “Voluntarily surrendered”
means a license holder relinquishes the license while under investigation for a
cause that could lead to the suspension or revocation of the license, or while
a suspension or revocation action is pending against the license holder, and is
equivalent to a revocation.
.02 Causes for Disciplinary
Action or Denial.
A. The State Superintendent
of Schools shall suspend, deny, or revoke a license and all specific license
areas issued under this subtitle for the causes set forth in this regulation.
B. Suspension Only. A license
may be suspended by the State Superintendent of Schools under the following
conditions:
(1) Breach of Contract. A
license may be suspended for not more than 365 days if the license holder
leaves the employment of a local school system after July 15 in the absence of
an emergency and without the consent of the local board of education in
violation of the provisions of the Regular State Teacher’s Contract set forth
in COMAR 13A.07.02.01B. If an emergency arises, the local board may not
unreasonably withhold its consent.
(2) Failure to Pay Child
Support.
(a) The State Superintendent
of Schools shall suspend a license on notification by the Department of Human
Services, Child Support Enforcement Administration, that the license holder’s
failure to pay child support meets the criteria for suspension of a license
under Family Law Article, §10-119.3, Annotated Code of Maryland.
(b) Before suspending the
license, the State Superintendent shall send written notice to the license
holder of the proposed suspension and the right to contest the identity of the
individual whose license will be suspended.
(c) An individual may appeal
the decision to suspend a license based on failure to pay child support in
accordance with State Government Article, Title 10, Subtitle 2, Annotated Code
of Maryland. At the appeal hearing, the administrative law judge shall limit
the issue to whether the Department of Human Services, Child Support Enforcement
Administration, has mistaken the identity of the individual whose license was
suspended.
(d) The State Superintendent
shall immediately reinstate any license suspended for failure to pay child
support if notified by the Department of Human Services, Child Support
Enforcement Administration, that the license should be reinstated and the
individual otherwise qualifies for the license.
C. Suspension, Revocation, or
Denial. The State Superintendent of Schools shall suspend, deny, or revoke a
license if the license holder or applicant:
(1) Pleads guilty or nolo
contendere with respect to, receives probation before judgment with respect to,
or is convicted of, a crime involving:
(a) Contributing to the
delinquency of a minor;
(b) Moral turpitude if the
offense bears directly on the individual’s fitness for employment in education;
(c) Sexual offense in the
third or fourth degree; or
(d) A controlled dangerous
substance offense if:
(i) The offense occurred on
school property or during a school event; or
(ii) The individual has been
convicted and the clerk of the court has certified and reported the controlled
dangerous substance conviction to the Department consistent with Criminal Law
Article, §5–810, Annotated Code of Maryland, based on a finding by the court
that a relationship exists between the conviction and the license;
(2) Willfully and knowingly:
(a) Makes a material
misrepresentation or concealment as part of any licensure request;
(b) Files a false report or
record, or makes any false document, as part of any licensure request;
(c) Presents a false license
or misrepresents one’s licensure status to the Department or an employer; or
(d) Commits a violation of
the test security and data reporting policy and procedures set forth in COMAR
13A.03.04;
(3) Fraudulently or
deceptively obtains a license;
(4) Knowingly fails to report
suspected child abuse in violation of Family Law Article, §5-701, Annotated
Code of Maryland;
(5) Is dismissed after an
allegation of misconduct involving a student in any school system or any minor
is substantiated;
(6) Resigns after notice of
allegation of misconduct involving a student in any school system or any minor;
(7) Is dismissed after notice
of allegation of misconduct involving any cause for denial, suspension or revocation
of a license provided in this regulation is substantiated;
(8) Resigns after notice of
allegation of misconduct involving any cause for denial, suspension or
revocation of a license provided in this regulation; or
(9) Has had a license
suspended, revoked, denied, or voluntarily surrendered in another state for a
cause which would be grounds for suspension or revocation under this
regulation.
D. Revocation or Denial. The
State Superintendent of School shall revoke or deny a license if the license holder
or applicant:
(1) Pleads guilty or nolo
contendere with respect to, receives probation before judgment with respect to,
or is convicted of, a crime involving:
(a) Child abuse or neglect as
defined in Criminal Law Article, §§3-601—3-603, Annotated Code of Maryland, or
a comparable crime in another state;
(b) Possession, distribution,
receipt, or production of child pornography;
(c) Sexual solicitation of a
minor; or
(d) A crime of violence as
defined in Criminal Law Article, §14-101, Annotated Code of Maryland, or a
comparable crime in another state;
(2) Is dismissed after an
allegation of sexual child abuse is substantiated; or
(3) Resigns after notice of
allegations of sexual child abuse.
.03 Reporting Procedures.
A. Except as provided in Regulation
.02B(2) of this chapter, the following individuals shall notify the State
Superintendent of Schools in writing of charges against a license holder or
applicant under Regulation .02 of this chapter:
(1) The local superintendent
of schools or a state agency employer if the:
(a) Individual is currently
employed or was employed by the local school system or state agency employer
when the conduct occurred; or
(b) Conduct is reported to
the local school system in a criminal background investigation required under
Family Law Article, §§5-560—5-568, Annotated Code of Maryland;
(2) The administrator of a
nonpublic school if the:
(a) Individual is currently
employed or was employed by the nonpublic school when the conduct occurred; or
(b) Conduct is reported to
the nonpublic school in a criminal background investigation required under
Family Law Article, §§5-560—5-568, Annotated Code of Maryland; or
(3) The Assistant State
Superintendent of Educator Licensure and Program Approval, or the
superintendent’s designee.
B. The written report shall
include all of the following:
(1) Name and current or last
known address, e-mail, and phone number of the individual against whom the
charges are being filed;
(2) Type of license or
licenses held by the individual against whom the charges are being filed;
(3) Specific grounds as set
forth in Regulation .02 of this chapter and the specifications that support the
grounds for either suspension or revocation;
(4) Confirmation that the
employee has foregone an appeal or exhausted appeal rights if any
employment-related discipline was issued; and
(5) A recommendation on the
type of disciplinary action that should be issued, including the following
considerations:
(a) The parties may agree to
a joint recommendation to the State Superintendent of Schools on the resolution
of the case;
(b) The joint recommendation
is not binding; and
(c) The State Superintendent
of Schools may accept or reject the recommendation, as follows:
(i) Where the State
Superintendent of Schools rejects the recommendation of the reporter under §A
of this regulation, the State Superintendent shall recommend the appropriate
disciplinary action; and
(ii) The reporter under §A of
this regulation shall adopt the State Superintendent’s recommendation in all
proceedings related to the licensing action.
C. The State Superintendent
of Schools shall deny, suspend, or revoke a license after written notification
by a local superintendent of schools, an administrator of a nonpublic school,
or the Assistant Superintendent of Educator Licensure and Program Approval, of
the charges against the license holder.
D. Before denying, suspending
or revoking a license, the State Superintendent of Schools shall:
(1) Send the applicant or
license holder written notice of the charges; and
(2) Advise the applicant or
license holder of the right to request a hearing within 30 calendar days of the
date of the written notice.
E. The State Superintendent
of Schools shall e-mail and mail one copy of the written notice and the
procedures applicable to the suspension or revocation of a license by certified
mail to the current or last known address of the license holder.
F. The license holder against
whom charges have been filed may request a hearing in writing within 30
calendar days of the date of the written notice.
G. If the license holder does
not request a hearing in writing on the charges within the 30-day period set
forth in §D(2) of this regulation, the State Superintendent of Schools shall
suspend or revoke the license.
H. Voluntary Surrender.
(1) An educator who is under
investigation or facing charges for a cause listed in Regulations .02C and D of
this chapter may voluntarily surrender his or her license.
(2) The State Superintendent
of Schools shall treat a license that is voluntarily surrendered as a
revocation, and it may not be reinstated except as described in Regulation .09
of this chapter.
I. Placing an Alert on an
Educator’s Record.
(1) The Department may place
an alert on a licensure record on the request of a local school system,
nonpublic school, state agency, or on its own accord, if an educator:
(a) Has had action taken on a
license by another state; or
(b) Is facing the suspension
or revocation of a license after being informed of charges by the State
Superintendent of Schools.
(2) An alert does not affect
the validity of an educator’s license.
(3) The local school system,
nonpublic school, or state agency shall immediately inform the Department if
grounds no longer exist to suspend, deny, or revoke an educator’s license.
(4) The Department shall
immediately remove the alert from an educator’s record if it becomes aware that
grounds no longer exist to deny, suspend or revoke an educator’s license.
J. Action on an Expired
License. The Department may take action against an educator’s license even if
the license has expired as long as the basis for the action occurred while the
license was active.
K. Denial.
(1) The Department shall deny
a license, permanently or for a fixed period of time, to an individual who does
not currently hold a license and has committed a cause listed under Regulations
.02C of this chapter.
(2) The Department shall deny
a license permanently to an individual who does not currently hold a license and
has committed a cause listed under Regulations .02D of this chapter.
(3) An individual who has
been denied a license may appeal the decision through the process outlined in
Regulations .03—.07 of this chapter.
(4) An individual under
investigation for a cause under .02 of this chapter shall remain ineligible for
a license pending the result of the investigation.
(5) Denial Because of a
Failure to Pay Child Support.
(a) An individual whose
failure to pay child support meets the criteria for denial of a professional
license under Family Law Article, §10-119.3, Annotated Code of Maryland,
following written notification to the State Superintendent of Schools by the
Department of Human Services, Child Support Enforcement Administration, is
ineligible for a license.
(b) Before denial of a
license, the State Superintendent shall send written notice to the individual,
including the right to contest the identity of the individual whose license the
Superintendent seeks to deny.
(c) An individual may appeal
the decision to deny a license based on failure to pay child support in
accordance with State Government Article, Title 10, Subtitle 2, Annotated Code
of Maryland. At the appeal hearing, the issue is limited to whether the
Department of Human Services, Child Support Enforcement Administration, has
mistaken the identity of the individual whose license was denied.
(d) The State Superintendent
shall immediately withdraw the denial of an application for a license if
notified by the Department of Human Services, Child Support Enforcement
Administration, that the individual is eligible for a professional license and
the individual otherwise qualifies for a license.
.04 Hearing Procedures.
A. If the license holder
requests a hearing in writing within the 30-day period, the State
Superintendent of Schools shall promptly refer the case to the Office of
Administrative Hearings.
B. If the written charges
were filed against the license holder by the local superintendent of schools or
an administrator of a nonpublic school under Regulation .03 of this chapter, a
representative from the local school system or nonpublic school shall present
the case before the Office of Administrative Hearings.
C. Hearing procedures are in
accordance with the Administrative Procedure Act, State Government Article,
§10-201 et seq., Annotated Code of Maryland, and with COMAR 28.02.
D. The administrative law
judge shall determine if the charges against the license holder are supported
by a preponderance of the evidence.
E. The administrative law
judge shall submit in writing to the State Superintendent of Schools proposed
findings of fact, proposed conclusions of law, and recommendations. The
administrative law judge shall distribute this written proposed decision to the
parties.
F. A party objecting to the
administrative law judge’s proposed decision may file exceptions with the State
Superintendent of Schools within 15 calendar days of the date of the decision,
and:
(1) The party filing
exceptions shall ensure that a copy of the exceptions are provided to the
opposing party;
(2) An opposing party may
respond to the exceptions within 15 calendar days of the date of the
exceptions;
(3) All parties shall have an
opportunity for oral argument before the State Superintendent of Schools before
a final decision is made; and
(4) The State Superintendent
of Schools shall limit oral argument to 15 minutes per side.
.05 Record of Hearings.
A. The Office of
Administrative Hearings shall prepare an official case record as provided in
COMAR 28.02.01.23.
B. The Office of
Administrative Hearings shall record the proceedings before the administrative
law judge.
C. A party requesting a
transcript of the proceedings, or part of the proceedings, shall pay the costs
of the transcript, and a party requesting an expedited transcript shall pay the
costs of the expedited transcript.
.06 Decisions.
A. The State Superintendent
of Schools shall make the final decision in all contested cases dealing with
the revocation, suspension, or denial of a license.
B. The State Superintendent
of Schools shall make a final decision in writing containing findings of fact
and conclusions of law.
C. The State Superintendent
of Schools shall promptly deliver or mail a copy of the decision to each party
as well as the party’s attorney of record.
.07 Reconsideration of a
Decision.
A. A party aggrieved by the
decision may file a written request for reconsideration with the State
Superintendent of Schools within 30 calendar days of the date of the decision.
B. The party requesting
reconsideration shall serve copies of the request on all other parties.
C. A party filing a response
to a request for reconsideration shall do so within 15 calendar days of the
date of the request for reconsideration.
D. Action on the application
for reconsideration shall lie at the discretion of the State Superintendent of
Schools, except that a decision may not be disturbed unless there is a
sufficient indication in the application that new facts material to the issues
have been discovered or have occurred after the decision.
E. The State Superintendent
of Schools may refuse to consider facts that the party could have produced at
the hearing.
F. The State Superintendent
of Schools may stay the decision at their discretion, on a finding of good
cause.
G. The State Superintendent
of Schools may abrogate, change, or modify the original decision, or remand the
case to the administrative law judge.
.08 Educator Identification
Clearinghouse.
A. The Educator
Identification Clearinghouse is maintained by the National Association of State
Directors of Teacher Education and Certification to provide a mechanism for
licensing agencies to exchange names of educators whose licenses have been
denied, revoked, suspended, or surrendered.
B. The State Superintendent
of Schools shall notify the Educator Identification Clearinghouse of all
surrender, suspension, revocation, and denial decisions as part of the
interstate certification data exchange.
C. The State Superintendent
shall only provide final actions that are matters of public record to the
Clearinghouse.
D. The existence of a record
in the Educator Identification Clearinghouse alone is not grounds for
reciprocal action.
.09 Reinstatement.
A. A professional license
that has been suspended under this chapter is automatically reinstated at the
end of the suspension period if the license did not expire during the period of
suspension.
B. If the license expires
during the period of suspension, the holder of the former license may reapply
but shall meet the licensure requirements that are in effect when the holder
applied for the new license.
C. If a decision of
suspension, revocation, or voluntary surrender is based on Regulation .02C(1)
or D(1) of this chapter and if the plea, probation before judgment, or
conviction is overturned, or expunged, and there is no subsequent proceeding
leading to a plea, probation before judgment, or conviction, the individual
whose license is suspended, revoked, or voluntarily surrendered may file a
written request for reinstatement, including documentation of the final status
of the judicial proceeding.
D. Reinstatement Review
Panel.
(1) An individual whose
license was revoked under Regulation .02C of this chapter or voluntarily
surrendered may petition the Reinstatement Review Panel for reinstatement of
the license not sooner than 10 years from the date of revocation.
(2) The Reinstatement Review
Panel shall consist of one member of the Maryland State Board of Education
appointed by its president, one member of the Professional Standards and
Teacher Education Board appointed by its chairperson, and the State
Superintendent of Schools or designee.
(3) The individual seeking
reinstatement shall submit to the Reinstatement Review Panel a written petition
showing credible evidence, by affidavit or otherwise, of the factors set out in
§C(4) of this regulation, and may request an opportunity to appear in person
before the Panel.
(4) The Reinstatement Review
Panel shall consider the following facts in evaluating a petition for
reinstatement:
(a) The nature and circumstances
of the individual’s original misconduct;
(b) The individual’s
subsequent conduct and reformation;
(c) The individual’s present
character; and
(d) The individual’s present
qualifications and competence.
(5) The Reinstatement Review
Panel may place conditions upon a reinstatement, including requiring an
individual to complete ethics training.
(6) On unanimous vote of the
Reinstatement Review Panel and if the individual has met all current licensure
requirements, and subject to any conditions placed on the reinstatement by the
Reinstatement Review Panel, the State Superintendent of Schools shall reinstate
the license.
(7) On the Reinstatement
Review Panel’s request, MSDE staff may advise the panel regarding the licensure
regulations.
E. A license revoked or
voluntarily surrendered while an educator is under investigation or facing
charges under Regulation .02D of this chapter may not be reinstated.
13A.12.07 Professional
Standards and Teacher Education Board
Authority: Education Article,
§§6-701 and 6-704, Annotated Code of Maryland
.01 Promulgation of
Regulations.
A. The State Board of
Education and the Professional Standards and Teacher Education Board (PSTEB)
shall develop for consideration regulations for:
(1) The licensure of teachers
and other professional personnel; and
(2) Requirements for
preparation of teachers and other education personnel.
B. Regulations that are
initiated by either the State Board or the PSTEB and submitted for review to
the non-initiating Board shall be acted on within 60 days by the non-initiating
Board.
.02 Review Board — Scope.
A. The procedures in
Regulations .03—.08 of this chapter govern all appeals from rulings of the
Department’s licensure staff taken to the Review Board of the PSTEB.
B. The appeals do not constitute
contested cases under the Administrative Procedure Act, State Government
Article, Title 10, Subtitle 2, Annotated Code of Maryland.
.03 Review Board — Method of
Appeal.
A. An appellant seeking
review by the Review Board shall file a written request for appeal within 30
days from the date the appellant receives notice of the ruling of the licensure
staff.
B. The appellant shall
address this written request for appeal to the chairperson of the Review Board,
with a copy to the Assistant State Superintendent for Educator Licensure and
Program Approval.
C. The written request for
appeal shall specify whether the appeal is to be on the record under Regulation
.03 of this chapter or in person under Regulation .04 of this chapter. It shall
include a statement of the appellant’s objections to the ruling of the
licensure staff and the reasons supporting each objection.
D. On receipt of a copy of
the request, the Assistant State Superintendent for Educator Licensure and
Program Approval shall:
(1) Cause the entire file
concerning the ruling to be transmitted to the Review Board;
(2) Acknowledge receipt of
the request in writing to the appellant;
(3) Send a copy of this
chapter to the appellant; and
(4) Schedule the appeal
promptly before the Review Board, allowing reasonable advance notice to all
parties.
.04 Review Board — Appeal on
the Record.
A. At the appellant’s option,
the Review Board may make findings and submit recommendations to the PSTEB
based solely on the written record.
B. The appellant may provide
additional relevant documents to the Review Board, and shall submit a written
statement explaining the appellant’s position. A party seeking to file
additions to the file shall do so at least 15 days before the scheduled appeal.
C. Licensure staff may submit
a written response to the appellant’s statement and provide any additional
relevant documents to the Review Board at least 10 days before the scheduled
appeal.
D. The appellant may submit a
written reply to staff’s response at least 5 days before the scheduled appeal.
.05 Review Board — Appeal in
Person.
A. At the written request of
the appellant, the Review Board shall allow oral argument on the appeal.
B. The Review Board shall
limit oral presentations at the hearing to 15 minutes for a representative of
the licensure staff, followed by 15 minutes for the appellant.
C. The Review Board may ask
questions of either party. Other oral presentation or testimony is not
permitted.
D. Both parties may present a
written summary of their oral presentation.
.06 Review Board — Findings
and Recommendations.
A. The Review Board shall
deliberate the appeal in closed session and, by majority of the quorum present,
make findings and recommendations to the PSTEB.
B. The Review Board shall
submit its findings and recommendations by the chairperson in a written report
to the PSTEB. The Review Board shall ensure this report includes:
(1) Issues in question;
(2) Findings of fact;
(3) Conclusions of law; and
(4) Recommendations and
reasons for them.
.07 Review Board — Exceptions.
A. The appellant may file
written exceptions to the Review Board’s findings and recommendations by
submitting these exceptions to the chairperson of the PSTEB within 15 days from
the date of the Review Board’s report.
B. The licensure staff may file
a written response to the exceptions within 10 days of the date the exceptions
are filed.
.08 Review Board — Final
Determination.
A. The PSTEB shall make the
final determination in each appeal from rulings of the licensure staff.
B. Before making a final
determination, the PSTEB shall provide each member with:
(1) A copy of the ruling of
the licensure staff which is the subject of the appeal;
(2) The written request for
appeal;
(3) The written report of the
Review Board;
(4) Any documents in the file
cited in the report; and
(5) Any written exceptions
and response to exceptions.
C. The Department shall make
the entire appeal file available to the PSTEB members on request.
D. The PSTEB shall, by
majority vote of the quorum present, accept or reject the recommendation of the
Review Board. The decision of the PSTEB is final.
E. The chairperson of the
PSTEB shall notify the appellant in writing of the final determination,
including the rationale for it.
MOHAMMED CHOUDHURY
State Superintendent of
Schools
Title 14
INDEPENDENT AGENCIES
Subtitle 01 PRESCRIPTION DRUG
AFFORDABILITY BOARD
14.01.03 Public Information Act
Authority: General Provisions
Article §§4-101—4-601; Health-General Article, §21-2C-03(f)(1); Annotated Code
of Maryland
Notice of Proposed Action
[23-126-P]
The Prescription Drug Affordability Board proposes to adopt new Regulations
.01—.17 under a new chapter, COMAR 14.01.03 Public Information Act.
This action was considered and approved by the Maryland Prescription Drug
Affordability Board at a public meeting held on May 22, 2023, notice of which
was provided by publication on the PDAB's website at
https://pdab.maryland.gov/2023_board_meeting.html, as required under General
Provisions Article, §3-302(c), Annotated Code of Maryland.
Statement of Purpose
The purpose of this action is to establish procedures for filing
and processing requests for the public records of the Maryland Prescription
Drug Affordability Board in accordance with the Maryland Public Information
Act, General Provisions Article §§4-101—4-601, Annotated Code of Maryland.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Christina Shaklee, Health Policy Analyst
Advanced, Maryland Prescription Drug Affordability Board, 16900 Science Drive,
Suite 112-114, Bowie, MD 20715, or call 410-703-7015, or email to
pdab.regs@maryland.gov. Comments will be accepted through August 14, 2023. A
public hearing has not been scheduled.
.01 Scope.
This chapter sets out
procedures under the Public Information Act for filing and processing requests
for the public records of the Prescription Drug Affordability Board.
.02 Policy.
It is the policy of the Board
to facilitate access to the public records of the Board, if access is allowed
by law, by minimizing costs and time delays to applicants.
.03 Definitions.
A. In this chapter, the
following terms have the meanings indicated.
B. Terms Defined.
(1) “Act” means the Public
Information Act, General Provisions Article, §§4-101—4-601, Annotated Code of
Maryland.
(2) “Applicant” has the
meaning stated in General Provisions Article, §4-101(b), Annotated Code of
Maryland.
(3) “Copy” means any form of
reproduction using a photocopying machine or other reproduction technology,
including a paper copy, an electronic copy, a printout, or an image.
(4) “Custodian” has the
meaning stated in General Provisions Article, §4-101(d), Annotated Code of
Maryland.
(5) “Executive Director”
means the Executive Director of the Board as provided in Health-General
Article, §21-2C-03, Annotated Code of Maryland.
(6) “Indigent” has the
meaning stated in General Provisions Article, §4-206(a)(2), Annotated Code of
Maryland.
(7) “Metadata” has the
meaning stated in General Provisions Article, §4-205(a), Annotated Code of
Maryland.
(8) “Official custodian” has
the meaning stated in General Provisions Article, §4-101(f), Annotated Code of
Maryland.
(9) “PIA coordinator” means
the Board employee who is responsible for accepting requests for public
records.
(10) “Public Access
Ombudsman” means the official appointed under General Provisions Article, Title
4, Subtitle 1B, Annotated Code of Maryland, to resolve disputes under the Act.
(11) “Public record” has the
meaning stated in General Provisions Article, §4-101(j), Annotated Code of
Maryland.
(12) “Reasonable fee” has the
meaning stated in General Provisions Article, §4-206(a)(3), Annotated Code of
Maryland.
(13) “Sociological information”
means personal phone number, personal email address, and personal home address.
.04 Official Custodian.
Unless otherwise provided by
law, the Executive Director is the official custodian of the public records of
the Board.
.05 Request for Public
Records.
Any person may request to
inspect or copy the public records of the Board.
.06 Written Request May Be
Required.
A. Inspection.
(1) Except as otherwise
provided in this chapter, the custodian shall make public records of the Board
available for inspection by an applicant without demanding a written request.
(2) The custodian shall
require a written request if the custodian reasonably believes that:
(a) The Act or any other law
may prevent the disclosure of the public record to the applicant; or
(b) A written request will
materially assist the Board in responding.
B. Copies. If the applicant
requests one or more copies of any public record of the Board, the custodian
may require a written request.
.07 Contents of Written
Request.
A. A written request shall:
(1) Contain the applicant’s
contact information; and
(2) Reasonably identify, by
brief description, the public record sought.
B. Written requests from the
same requestor may be consolidated.
.08 Addressee.
A request to inspect or copy
a public record of the Board shall be addressed to the custodian of the record
or to the Board’s PIA coordinator as designated under General Provisions
Article, §4-503, Annotated Code of Maryland. If the custodian is unknown, the
request may be addressed to “Executive Director” or “PIA Coordinator”.
.09 Response to Request.
A. Grant of Request.
(1) If the custodian decides
to grant a request for inspection, the custodian shall produce the public
record for inspection:
(a) Immediately; or
(b) Within a reasonable time
period, not to exceed 30 days after the date of the request, if that period is
needed to retrieve the public record and conduct any necessary review.
(2) If the custodian
reasonably believes that it will take more than 10 working days to produce the
public record, the custodian shall indicate in writing or by electronic mail
within 10 working days after receipt of the request:
(a) The amount of time that
the custodian anticipates it will take to produce the public record;
(b) An estimate of the range
of fees that may be charged to comply with the request for public records; and
(c) The reason why it will
take more than 10 working days to produce the records.
B. Denial of Request. If the
custodian decides to deny a request for inspection, the custodian shall:
(1) Deny the request within
30 days after the request; and
(2) Notify the applicant of
the denial.
C. If a request is denied,
the custodian shall provide the applicant, at the time of the denial or within
10 working days, a written statement that includes:
(1) The reasons for the
denial, including, for records denied under General Provisions Article, §4-343,
Annotated Code of Maryland, a brief explanation of:
(a) Why the denial is
necessary, that is, why disclosure of the public record would be contrary to
the public interest; and
(b) An explanation of why
redacting information would not address the reasons for the denial;
(2) The legal authority for
the denial;
(3) Without disclosing the
protected information, a brief description of the undisclosed record or records
that will enable the applicant to assess the applicability of the legal
authority for the denial; and
(4) Notice of the remedies
available for review of the denial.
D. If a requested public
record is not in the custody or control of the person to whom application is
made, that person shall, within 10 working days after receipt of the request:
(1) Notify the applicant that
the person does not have custody or control of the requested public record; and
(2) If the person knows,
include:
(a) The name of the custodian
of the public record; and
(b) The location or possible
location of the public record.
E. Any time limit imposed by
§§A—C of this regulation may be extended, with the consent of the applicant,
for an additional period of up to 30 days.
.10 Notice to Person
Potentially Affected by Disclosure.
A. Unless prohibited by law,
the custodian may provide notice of a request for inspection or copying of any
public record of the Board to any person who, in the judgment of the custodian,
could be adversely affected by disclosure of that public record.
B. The custodian may consider
the views of the potentially affected person before deciding whether to
disclose the public record to an applicant.
.11 Electronic Records.
A. Except as provided in §§C
and D of this regulation, the custodian shall provide an applicant with a copy
of the public record in a searchable and analyzable electronic format if:
(1) The public record is in a
searchable and analyzable electronic format;
(2) The applicant requests a
copy of the public record in a searchable and analyzable electronic format; and
(3) The custodian is able to
provide a copy of the public record, in whole or in part, in a searchable and
analyzable electronic format that does not disclose information that is
protected from disclosure under the Act.
B. The custodian shall
provide a portion of the public record in a searchable and analyzable
electronic format if:
(1) Requested by the
applicant; and
(2) The custodian is able to
do so by using the existing functions of the database or software program that
contains the searchable and analyzable data.
C. The custodian is not
required to:
(1) Create or reconstruct a
public record in an electronic format if the public record is not available in
an electronic format;
(2) Release an electronic
record in a format that would jeopardize or compromise the security or
integrity of the original record or of any proprietary software in which the
record is maintained; or
(3) Create, compile, or
program a new public record.
D. The custodian may remove
metadata from an electronic document before providing the electronic record to
an applicant by:
(1) Using a software program
or function; or
(2) Converting the electronic
record into a different searchable and analyzable format.
.12 Public Record Destroyed
or Lost.
If the person to whom
application is made knows that a requested public record of the Board has been
destroyed or lost, that person shall promptly:
A. Notify the applicant that
the public record is not available; and
B. Explain the reasons why
the public record cannot be produced.
.13 Availability of Judicial
and Administrative Review.
If the custodian denies a
request to inspect or copy a public record of the Board, the applicant may file
an action for judicial enforcement under General Provisions Article, §4-362,
Annotated Code of Maryland, without pursuing the remedies set forth in General
Provisions Article, Subtitles 1A and 1B, Annotated Code of Maryland.
.14 Disclosure Against Public
Interest.
A. Denial Pending Court
Order.
(1) If, in the opinion of the
Executive Director, disclosure of a public record of the Board otherwise
subject to disclosure under the Act would do substantial injury to the public
interest, the Executive Director may temporarily deny the request to obtain a
court order allowing nondisclosure.
(2) The temporary denial
shall be in writing.
B. Circuit Court Review.
(1) Within 10 working days
after the denial, the Executive Director shall apply to the appropriate circuit
court for an order permitting continued denial or restriction of access.
(2) Notice of the Executive
Director’s complaint shall be served on the applicant in the manner provided
for service of process by the Maryland Rules of Procedure.
.15 Fees.
A. Except as provided in §§B
and C of this regulation, the fee schedule for copying and certifying copies of
public records of the Board is as follows:
(1) For each copy made by a
standard printer or a photocopying machine within the Board, the fee is 25
cents per page;
(2) For each copy made other
than by a standard printer or a photocopying machine within the Board, the fee
shall be based on the actual cost of reproduction; and
(3) For a public record
certified as a true copy, an additional fee of $1 per page (or, if appropriate,
per item) shall be charged.
B. Minimum Fee. A charge may
not be made if the total fee is $1 or less.
C. If the fee for copies or
certified copies of any public record of the Board is specifically set by a law
other than the Act or this regulation, the custodian shall charge the
prescribed fee.
D. If the custodian cannot
copy a public record within the Board, the custodian shall make arrangements
for the prompt reproduction of the record at public or private facilities
outside the Board. The custodian shall:
(1) Collect from the
applicant a fee to cover the actual cost of reproduction; or
(2) Direct the applicant to
pay the cost of reproduction directly to the facility making the copy.
E. Before copying a public
record of the Board, the custodian shall estimate both the cost of reproduction
and the search and preparation fee under §F of this regulation and either:
(1) Obtain the agreement of
the applicant to pay the cost; or
(2) Demand prepayment of all
or a portion of the cost.
F. Search and Preparation
Fee.
(1) Except as provided in §G
of this regulation, the custodian may charge a reasonable fee for time that an
official or employee of the Board spends to:
(a) Search for requested
public records;
(b) Review requested public
records for potential disclosure; and
(c) Prepare public records
for inspection and copying.
(2) The custodian shall
determine the fee under §F(1) of this regulation by multiplying the employee’s
salary, prorated to an hourly basis, by the actual time attributable to the
search for, review of, and preparation of public records for inspection and
copying.
G. The custodian may not
charge a search or preparation fee under §F of this regulation for the first 2
hours needed to search for and prepare a public record for inspection.
H. Waiver or Reduction of
Fee.
(1) The official custodian
may waive or reduce any fee set under this regulation if:
(a) The applicant requests a
waiver; and
(b) Either:
(i) The custodian determines
that the waiver or reduction is in the public interest; or
(ii) The applicant is
indigent and files an affidavit verifying the facts that support a claim of
indigency.
(2) In determining whether a
fee waiver is in the public interest, the custodian shall consider, among other
relevant factors, the ability of the applicant to pay the fee.
I. If the applicant requests
that copies of a public record be mailed or delivered to the applicant or to a
third party, the custodian may charge the applicant for the cost of postage or
delivery.
.16 Time and Place of
Inspection.
A. An applicant may inspect
any public record of the Board that the applicant is entitled to inspect during
the normal working hours of the Board.
B. The inspection shall occur
where the public record is located unless the custodian, after taking into
account the applicant's expressed wish, determines that another place is more
suitable and convenient.
.17 Sociological Information.
Except for use in carrying
out the custodian’s governmental functions or if disclosure is otherwise
required by law, and in compliance with General Provisions Article, §4-330,
Annotated Code of Maryland, a custodian may not disclose under the Act, and shall
deny a request for inspection or copying of, the part of a public record that
contains sociological information relating to an individual.
ANDREW YORK
Executive Director
Subtitle 04 MARYLAND TECHNOLOGY
DEVELOPMENT CORPORATION
Notice of Proposed Action
[23-127-P]
The Maryland Technology Development Corporation proposes to:
(1) Amend Regulation .01
under COMAR 14.04.01 Definitions;
(2) Amend Regulations .04—.06
under COMAR 14.04.02 Investment Programs;
(3) Amend Regulations .03
and .07 under COMAR 14.04.06 Maryland Venture Fund;
and
(4) Adopt new Regulations .01—.07
under a new chapter, COMAR 14.04.09 Maryland Equity Investment Fund.
Statement of Purpose
The purpose of this action is to update the regulations to conform
to Ch. 391, Acts of 2022, including amending definitions and amending
eligibility criteria for Maryland Technology Development Corporation’s (TEDCO)
investments to align with the new statutory provisions for the Maryland Equity
Investment Fund (MEIF). Additionally, the action amends the definition of
“Early-stage business” for investments by the Rural Business Innovation
Initiative program and amends the investment limits for TEDCO’s investment
programs. The action also adds provisions to govern TEDCO’s investments by the
MEIF. Finally, the action makes certain administrative changes to update
cross-references and statutory citations.
Estimate of Economic Impact
I. Summary of Economic Impact. The proposed regulations
make some updates to existing, approved regulations and have a meaningful
economic impact. The updates include: (a) adding provisions to govern
investments by the Maryland Equity Investment Fund (MEIF) with the goal to
increase private equity and venture capital in Maryland, generate financial
returns, and foster economic growth in Maryland; (b) amending the definition of
“early-stage business” for investments by the Rural Business Innovation
Initiative program, which enables more companies to apply for an investment;
and (c) increasing the investment limits for Maryland Technology Development
Corporation's investment programs, which increases the amount of money an
applicant can receive from the programs.
II. Types of Economic Impact.
|
Impacted Entity
|
Revenue (R+/R-)
Expenditure
(E+/E-)
|
Magnitude
|
|
A. On issuing agency:
|
|
|
|
Maryland Technology
Development Corporation’s (“TEDCO”)
|
(R+)
|
Minor
|
|
B. On other state agencies:
|
NONE
|
|
|
C. On local governments:
|
NONE
|
|
|
|
|
|
|
|
Benefit (+)
Cost (-)
|
Magnitude
|
|
D. On regulated industries or
trade groups:
|
NONE
|
|
|
E. On other industries or
trade groups:
|
NONE
|
|
|
F. Direct and indirect
effects on public:
|
|
|
|
Expansion of companies
eligible for investment.
|
(+)
|
Meaningful
|
III. Assumptions. (Identified by Impact Letter and Number
from Section II.)
A. Special fund revenues for Maryland Technology Development
Corporation has increased by $10 million for FY 2024.
F. Changes to the eligibility criteria will allow more qualified
businesses to apply for an investment from the Maryland Technology Development
Corporation.
Economic Impact on Small Businesses
The proposed action has a meaningful economic impact on small
businesses. An analysis of this economic impact follows:
The proposed action may have a meaningful economic impact on small
businesses. Small businesses that are qualified businesses may benefit from
receiving private equity and venture capital investments from the Maryland
Equity Investment Fund. Further, the amendments to existing regulations
increase the award amounts available for investment in specific investment
programs (Pre-Seed Builder Fund, Inclusion Fund, etc.). Thus, qualifying businesses receiving
investments from these programs could benefit from the increased investment amounts. Overall, the total number of awards made in
these programs is not expected to decrease due to the recent influx of federal
TEDCO SSBCI funds, which is also used for social impact funding, and the recent
program funding increase to the Pre-Seed Builder Fund.
Changes to existing regulations also expand eligibility criteria
for Rural Business Innovation Initiative investments, creating parity with
TEDCO’s Pre-Seed Builder Fund eligibility.
This change has a potentially meaningful economic impact on small
businesses qualifying for this program, especially as very small businesses
frequently take more than 7 years to grow and develop.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Mindy Lehman, Chief Government Relations
and Policy Officer, Maryland Technology Development Corporation, 7021 Columbia
Gateway Dr., Suite 500, Columbia, MD 21046, or call 443-758-4043, or email to response@tedco.md.
Comments will be accepted through August 14, 2023. A public hearing has not
been scheduled.
14.04.01 Definitions
Authority: Economic Development Article, §§10-409 and 10-4A-27,
Annotated Code of Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(9) (text unchanged)
(10) “Early-stage business” means a business that:
(a) Except for businesses applying for investment under COMAR
14.04.03 and .04 or as otherwise provided in COMAR 14.04.05, commenced
operations not more than 7 years before the date on which the business submits
an application for an investment by TEDCO;
(b)—(c) (text unchanged)
(11)—(21) (text
unchanged)
(22) “Qualified business” has the meaning stated in §§10-401(g) and 10-487(a)(4) of
the Act, except as otherwise stated in this subtitle.
(23)—(29) (text unchanged)
14.04.02 Investment Programs
Authority: Economic Development Article, §§10-409 and 10-4A-27,
Annotated Code of Maryland
.04 Eligibility.
A. Eligibility
Criteria. Except as provided in §C of this regulation, TEDCO may invest in an
applicant if TEDCO determines the applicant meets all of the following
criteria:
(1) (text unchanged)
(2) [Over] Except for applicants applying for
investment under COMAR 14.04.09, over half of the applicant’s
workforce works at and from a physical location in the State;
(3)—(8) (text unchanged); and
(9) Other eligibility criteria for each investment program under
COMAR 14.04.03—.06 and.09;
B. Qualified Business Information. Except as required under §C of
this regulation, in order to be considered for an investment by TEDCO, an
applicant shall submit to TEDCO a written application in accordance with
Regulation .05 of this chapter with sufficient information for TEDCO to
establish eligibility under §A of this regulation, including:
(1) [The] Except for applicants applying for investment under
COMAR 14.04.09, the total number of the applicant’s founders and
employees and the number of the applicant’s founders and employees working in
the State;
(2)—(4) (text unchanged).
C. Substantial Economic Impact Information. In lieu of the
information provided in §B(1)—(3) of this regulation, the applicant may submit
to TEDCO information that the applicant’s business will have a substantial
economic impact in the State as set forth in COMAR 14.04.07. After reviewing
information submitted by an applicant under this section, TEDCO may request
additional information or conduct its own investigation of the applicant’s
potential for substantial economic impact in the State. In its sole discretion,
TEDCO may submit information provided under this section to the Investment
Committee for its consideration. This section does not apply to applicants
applying for investment under COMAR 14.04.09.
D. (text unchanged)
E. State Small Business Credit Initiative Funds. All
investments using proceeds allocated under the federal State Small Business
Credit Initiative shall comply with 12 U.S.C. 5701 et seq., as amended.
.05 Procedures and Guidelines for Investment Decisions.
A. (text unchanged)
B. Application Process.
(1) (text unchanged)
(2) Required Information. Through an application, an applicant
shall provide information sufficient for TEDCO to:
(a) Determine whether the applicant meets the eligibility
requirements as set forth in the Act and the specific requirements of the
applicable investment program set forth in COMAR 14.04.03—.06 and .09;
and
(b) (text unchanged)
(3)—(6) (text unchanged)
C.—F. (text unchanged)
.06 Amount of Money Available for Investment.
A. (text unchanged)
B. Amount for Each Investment Program.
(1) Pre-Seed Builder Fund and Inclusion Fund. TEDCO may make an
investment of up to [$250,000] $500,000 in each business
selected for participation in the Pre-Seed Builder Fund or the Inclusion Fund.
(2) (text unchanged)
(3) Seed Funds. TEDCO may invest:
(a) For Cybersecurity Investment Fund and Technology
Commercialization Fund, up to [$200,000] $500,000 per
investment;
(b) For the Life Science Investment Fund, up to [$200,000]
$500,000 per investment; and
(c) For the GAP Fund, up to [$500,000] $750,000
per investment.
(4) (text unchanged
(5) Maryland Equity Investment Fund. TEDCO may invest up to
$2,000,000 per investment.
C. (text unchanged)
14.04.06 Maryland Venture Fund
Authority: Economic Development Article, §§10-409 and 10-4A-27,
Annotated Code of Maryland
.03 Definitions.
A. (text unchanged)
B. Terms Defined.
(1) (text unchanged)
(2) “Invest Maryland Program” means the investment program
established under [§§10-473—10-499] §§10-4A-01—10-4A-28 of the Act.
(3) (text unchanged)
.07 Procedures and Guidelines for Investment Decisions.
A.—B. (text unchanged)
[C. State Small Business Credit Initiative Funds. All
investments using proceeds through the Enterprise Fund allocated to the State
under the federal State Small Business Credit Initiative shall comply with 12
U.S.C. 5701 et seq., as amended.]
14.04.09 Maryland Equity
Investment Fund
Authority: Economic Development Article, §10-409, Annotated Code
of Maryland
.01 Purpose.
These regulations prescribe the objectives and investment policy
of the Maryland Equity Investment Fund, and the eligibility requirements,
criteria, procedures, and guidelines for investment by the Maryland Equity
Investment Fund.
.02 Objective.
Through the Maryland Equity Investment Fund, TEDCO seeks to
invest in qualified businesses with a goal to increase private equity and
venture capital in the State that will have the potential to:
A. Generate financial returns to the benefit of the participants
of the several pension systems managed by the State Retirement and Pension
System; and
B. Foster economic growth throughout the State.
.03 Definitions.
A. In this chapter, the following terms have the meanings
indicated.
B. Terms Defined.
(1) “Maryland Equity Investment Fund” means the investment
program established by §10-487 of the Act.
(2) “Qualified business” has the meaning stated in §10-487(a)(4)
of the Act.
.04 Investment Philosophy and Types of Qualified Businesses.
TEDCO seeks to invest in businesses that have demonstrated
financial success and continued growth potential appropriate for subsequent
venture investments or a public offering.
.05 Eligibility.
TEDCO shall be satisfied that the applicant is a qualified
business and meets the requirements under COMAR 14.04.02.04.
.06 Investment Criteria.
In General. In addition to the investment criteria set forth in COMAR
14.04.02.05, TEDCO shall consider the following investment criteria:
A. Whether the market opportunity is appropriate for venture
capital;
B. Whether the applicant, at the time it submits an application
to TEDCO, is raising a minimum investment round of $2,000,000;
C. Whether the investment has the potential to generate returns
of two times the amount of TEDCO’s invested capital not more than 8 years from
the date of the investment;
D. Whether the applicant presents a plausible exit strategy for
investors; and
E. Whether the management team has the skills and ability to
effectively secure an institutional venture investment concurrent with the
investment of the Maryland Equity Investment Fund.
.07 Procedures and Guidelines for Investment Decisions.
TEDCO shall select businesses for investment by the Maryland
Equity Investment Fund in accordance with the application process set forth in
COMAR 14.04.02.
MINDY LEHMAN
Chief Government
Relations and Policy Officer
Subtitle 37 OFFICE OF THE PUBLIC
ACCESS OMBUDSMAN
Notice of Proposed Action
[23-118-P]
The Office of the Public Access Ombudsman proposes to:
(1) Amend Regulation .01
under COMAR 14.37.01 General Provisions;
(2) Amend Regulations .01
and .02, repeal existing Regulations
.03—.06, and adopt new Regulations .03—.11 under COMAR
14.37.02 Process;
(3) Amend Regulations .01
and .02 under COMAR 14.37.03 Confidentiality of Mediation Information;
(4) Amend Regulation .02
under COMAR 14.37.04 Disputed Public Records; and
(5) Amend Regulation .02
under COMAR 14.37.05 Written Guidance.
Statement of Purpose
The purpose of this action is to update the interpretive
regulations of the Public Access Ombudsman in light of changes to the
provisions for alternative dispute resolution in the Public Information Act,
Ch. 658, Acts of 2021, which took effect on July 1, 2022. The regulations
reflect new obligations and duties of the Ombudsman under the new law.
Estimate of Economic Impact
The proposed action has no economic impact.
Economic Impact on Small Businesses
The proposed action has minimal or no economic impact on small
businesses.
Impact on Individuals with Disabilities
The proposed action has no impact on individuals with
disabilities.
Opportunity for Public Comment
Comments may be sent to Spencer Dove, Administrative Officer,
Office of the Public Access Ombudsman, c/o Office of the Attorney General, 200
St. Paul Place, 19th Floor, Baltimore, MD 21202, or call 410-576-7035, or email
to sdove@oag.state.md.us. Comments will be accepted through August 14, 2023. A
public hearing has not been scheduled.
14.37.01 General Provisions
Authority: General Provisions Article, §4-1B-04, Annotated Code of
Maryland
.01 Definitions.
A. (text unchanged)
B. Terms Defined.
(1)—(5) (text unchanged)
(6) “Final determination”
means the written document issued by the Public Access Ombudsman pursuant to
General Provisions Article, §4-1B-04(b), Annotated Code of Maryland, stating
that a specific dispute has been resolved or partially resolved or not
resolved, or other disposition as provided in Regulations .06, .07, and .09 of
this chapter.
[(6)] (7)—[(14)] (15) (text unchanged)
[(15)] (16)
“Public record” has the meaning stated in General Provisions Article, [§4-101(j)] §4-101(k), Annotated
Code of Maryland.
(17) “Sociological
information” means any of the following information concerning a person that
may be contained in a record of the Ombudsman:
(a) Social security number;
(b) Driver’s license number;
(c) Personal mailing address;
(d) Personal phone number;
(e) Personal email address;
and
(f) Date of birth.
[(16)] (18)—[(17)] (19) (text unchanged)
(20) “Written mediation
agreement” means a written agreement between the Ombudsman and the parties to a
mediation that provides the specific terms under which that particular
mediation will proceed.
14.37.02 Process
Authority: General Provisions Article, §4-1B-04, Annotated Code of
Maryland
.01 Requesting [Assistance] Dispute
Resolution.
A. A party may request the Office’s assistance in resolving a
dispute by contacting the Office via telephone, mail, email, or website
submission.
B. If possible, an applicant
or custodian shall complete the form entitled Request for Mediation Assistance
available on the Office website.
.02 Documents [Required].
A. [A party requesting
assistance from the Office shall, if possible provide the Office with:] An
applicant or custodian requesting dispute resolution through the Office shall
provide the Office with:
(1) A copy of the applicant’s written request for public records; [and]
(2) The custodian’s [response
letter.] 10-day letter, if applicable;
(3) The custodian’s final
response, if any; and
(4) A brief description of
the dispute.
B. [Upon the Office’s
request, a party may provide the Office with:] An applicant or custodian
may provide the Office with:
(1) Any records produced
to the applicant by the custodian; and
(2) Any [other documentation that the Ombudsman
believes may facilitate the mediation process] relevant correspondence between the applicant and custodian.
C. Upon the Office’s request, an applicant or custodian may
provide the Office with any other documents that the Ombudsman believes may
facilitate the mediation process.
D. Upon receipt of all necessary information and documents, and
subject to Regulation .05 of this chapter, the Office shall open a file as soon
as practicable.
E. The failure of an applicant or custodian who is requesting
dispute resolution to provide the Office with the documents identified in §A of
this regulation may result in the Office declining to open a file.
.03 Written Mediation
Agreement.
The Ombudsman may request
that the parties enter into a written mediation agreement if, in the
Ombudsman’s discretion, such agreement would facilitate the mediation process.
.04 Timing.
A. Ordinarily, the Ombudsman
will handle matters in the order in which a request for dispute resolution is
received and the file is opened.
B. The Ombudsman has
discretion to handle a matter out of order if there is a compelling reason to
do so.
C. Time for Mediation.
(1) The Ombudsman has up to 90 days from the date a file is
opened with the Office in which to attempt to resolve a dispute and bring a
matter to closure.
(2) The 90-day deadline may be extended if:
(a) An extension is needed and desirable in light of the
progress that has already been made to resolve the dispute;
(b) An extension is likely to result in the ultimate resolution
of the dispute; and
(c) The applicant, the custodian, and the Ombudsman agree to the
extension and the extension is confirmed in writing.
.05 Repetitive Requests
for Dispute Resolution.
A. Definitions.
(1) In this regulation, the following terms have the meanings
indicated.
(2) Terms Defined.
(a) “Repetitive request for dispute resolution” means a request:
(i) For the Ombudsman’s
assistance to resolve a dispute;
(ii) That relates to a PIA
request that in substance has been the subject of mediation between the same
parties through the Office in the past; and
(iii) For which the dispute
is substantially the same.
(b) “Significantly changed circumstances” means:
(i) A change in the law, subsequent to mediation, that may
affect the outcome of the mediation; or
(ii) A change in the custodian or applicant’s position regarding
the dispute.
B. The Ombudsman has discretion to decline to mediate repetitive
requests for dispute resolution, absent significantly changed circumstances.
.06 Process Voluntary —
Declining and Withdrawing Requests.
A. The Ombudsman’s mediation process is voluntary for each party.
B. If the applicant or
custodian that is the subject of the request for dispute resolution declines to
mediate the dispute, the Ombudsman shall, as soon as practicable, issue a final
determination as provided in Regulation .11 of this chapter stating that the
dispute was not resolved and indicating that mediation was declined.
C. Withdrawing a Request for
Dispute Resolution.
(1) A party requesting dispute resolution through the Ombudsman
may withdraw the request.
(2) If a request for dispute resolution is withdrawn after the
Office has opened a file, then the Ombudsman shall issue a final determination
as provided in Regulation .11 of this chapter stating that the request for
dispute resolution was withdrawn.
(3) Renewing a Request for Dispute Resolution.
(a) A party that has withdrawn a request for dispute resolution
through the Ombudsman may renew the request one time.
(b) If a party renews the request for dispute resolution and
withdraws that request again, the Ombudsman may decline to mediate a second or
subsequent renewed request for dispute resolution.
.07 Conduct of Ombudsman.
A. The Ombudsman shall read
and, consistent with State law, shall abide by the Standards of Conduct for
Mediators during the mediation process.
B. The Ombudsman shall remain
neutral, impartial, and independent during the mediation process.
C. Conflicts of Interest.
(1) The
Ombudsman shall disclose to the parties all actual and potential conflicts of
interest reasonably known to the Ombudsman.
(2) Notwithstanding an actual or potential conflict of interest,
the Ombudsman may proceed to attempt to resolve a dispute if:
(a) The Ombudsman is able to conduct the mediation in a neutral,
impartial, and independent manner; and
(b) The applicant and custodian have consented to proceed in
writing.
(3) If the Ombudsman is unable to proceed in a neutral,
impartial, and independent manner, or if the parties have not consented to
proceed in light of an actual or potential conflict, then the Ombudsman shall:
(a) Withdraw from that mediation; and
(b) Issue a final determination as provided in Regulation .11 of
this chapter stating that the dispute was not resolved through the Ombudsman
due to conflict.
(4) If the Ombudsman withdraws from a mediation due to conflict,
the Ombudsman may suggest to the parties an alternative dispute resolution
resource.
D. In addition to or in lieu
of mediation, the Ombudsman may engage in other reasonable efforts to resolve
or prevent a dispute or potential dispute, such as by answering questions about
the Act, by providing trainings on the Act, and by engaging in preliminary
conversations with an applicant or custodian about the subject of a dispute or
potential dispute.
.08 Conduct of Parties.
A. The Ombudsman may
establish written standards of conduct with which the parties will be expected
to comply during the mediation process.
B. The Ombudsman shall
disclose all written standards of conduct to the parties at the outset of the
mediation.
C. A party’s failure to abide
by a written standard of conduct may result in termination of the mediation
process.
.09 Termination of Mediation.
A. The Ombudsman may
terminate the mediation process at any time if the Ombudsman determines that
mediation will not reasonably lead to resolution of the dispute.
B. In making the decision
whether to terminate a mediation, the Ombudsman may consider, among other
factors:
(1) The duration of the
mediation process;
(2) The parties’ efforts to
resolve the dispute;
(3) The Ombudsman’s efforts
to resolve the dispute;
(4) The likelihood that the
parties will change their positions;
(5) A party’s failure to
abide by the written standards of conduct;
(6) A party’s failure to
abide by the party’s confidentiality obligations; and
(7) A party’s use of the
mediation process for purposes of delay or harassment.
C. Upon termination of a
mediation, the Ombudsman shall issue a final determination as provided in
Regulation .11 of this chapter and, without disclosing confidential mediation
communications, indicate the reason why mediation was terminated.
.10 Identification of New
Dispute.
If, during the course of
attempting to resolve a dispute, a new and distinct dispute related to the same
PIA request arises, a new file may be opened pursuant to Regulations .01 and
.02 of this chapter.
.11 Final Determination.
A. Definitions.
(1) In this regulation, the following terms have the meanings
indicated.
(2) Terms Defined.
(a) “Not resolved” means that the parties were unable to reach a
mutually agreeable resolution of a dispute.
(b) “Partially resolved” means that the parties have reached a
mutually agreeable resolution as to one or more, but not all, segregable
sub-issues within a dispute.
(c) “Resolved” means that the parties have reached a mutually
agreeable resolution of a dispute.
B. At the conclusion of a mediation, the Ombudsman shall issue a
written final determination stating that the dispute has been resolved,
partially resolved, or not resolved.
C. The written final determination shall include:
(1) The name of the applicant, the name of the custodian, and
the Office file number;
(2) A brief summary of the matter, including:
(a) The date of the PIA request;
(b) A description of the records sought;
(c) The date of the custodian’s response, if any; and
(d) A summary of the custodian’s response, if any;
(3) A brief description of the dispute for which dispute
resolution was sought;
(4) The date and length of an extension, if one was granted; and
(5) Notice of PIA Compliance Board procedures and contact
information.
D. The Ombudsman shall send the final determination to the
relevant applicant and custodian.
E. Board.
(1) The Ombudsman does not automatically provide the final
determination to the Board.
(2) If a complaint is filed with the Board, the Ombudsman may
provide the final determination to the Board upon the Board’s request.
14.37.03 Confidentiality of Mediation Information
Authority: General Provisions Article, §4-1B-04, Annotated Code of
Maryland
.01 General Confidentiality Provisions.
A.—C. (text unchanged)
[D. The Ombudsman may
request the parties to enter into a written mediation agreement to strictly
maintain the confidentiality of all mediation information if, in the
Ombudsman’s discretion, such agreement would facilitate the mediation process.]
.02 Exceptions to Confidentiality of Mediation Information.
A. The Ombudsman may
disclose mediation information, including
mediation communications, in the following situations:
[A.] (1) With Office staff,
including [the] an Assistant Attorney General who represents the Office, the
Administrative Officer, or any other person working under the direction of the
Ombudsman, to carry out the duties of the Office; and
[B.] (2) [Where] To third
parties, if the parties to the mediation have consented [in writing] to the disclosure.
B. The Ombudsman may transfer basic information about a dispute,
including the identity of the applicant and custodian and the nature of the
dispute, to the Board if appropriate steps have been taken to protect the
confidentiality of mediation communications.
14.37.04 Disputed Public Records
Authority: General Provisions Article, §4-1B-04, Annotated Code of
Maryland
.02 Confidentiality of Disputed Public Records.
A. The Ombudsman shall
strictly maintain the confidentiality of any public record or part of a public
record submitted for review under this chapter, and may not disclose any such
public record or part of a public record [with] to
another party without the written permission of the custodian.
B. The Ombudsman shall take
reasonable steps to segregate confidential records in such a way that their
confidence is maintained.
C. Upon the conclusion of a
mediation involving the Ombudsman’s review of disputed public records, the
Ombudsman shall return or destroy the disputed public records.
14.37.05 Written Guidance
Authority: General Provisions Article, §4-1B-04, Annotated Code of
Maryland
.02 Ombudsman May Publish.
A. (text unchanged)
B. Before publishing written guidance, the Ombudsman shall[:
(1) Remove] remove all identifying information[; and].
[(2) Obtain consent
from the parties to whom it was provided.]
LISA KERSHNER
Public Access Ombudsman
General Notices
Notice
of ADA Compliance
The State of Maryland is committed to
ensuring that individuals with disabilities are able to fully participate in
public meetings. Anyone planning to
attend a meeting announced below who wishes to receive auxiliary aids,
services, or accommodations is invited to contact the agency representative at
least 48 hours in advance, at the telephone number listed in the notice or
through Maryland Relay.
