Maryland Administrative Code

.02 Definitions. A. In this chapter, the following terms have the meaning indicated. B. Terms Defined. (1) “Applicant” means a local health department or community-based organization seeking to establish an opioid-associated disease prevention and outreach program. (2) Body Fluid…

.03 Program Establishment. A. Effective October 1, 2016, a local health department or CBO may establish an OADPO program with approval from the: (1) Department; and (2) Local health officer of the county in which OADPO program operations are proposed. B. When proposing an OADPO p…

.04 Application Process. A. An applicant: (1) Shall submit an application to establish an OADPO program to the Department that includes: (a) Responses to all applicable questions; and (b) Any supporting documentation indicated on the application; (2) May voluntarily withdraw an a…

.05 Program Design and Operation. A. The CBO or local health department approved to operate an OADPO program: (1) Shall provide protocols for the safety and security of OADPO program locations, equipment, and staff in accordance with Regulation .06 of this chapter that: (a) Contr…

.06 Program Security. A. An OADPO program shall implement protocols for the safety and security of program locations, equipment, and staff. B. OADPO program staff shall: (1) Wear suitable clothing, including closed footwear, at all times; (2) Treat all body fluids as potentially …

.07 Monitoring and Evaluation. A. OADPO programs shall: (1) Submit all data for each reporting period on a quarterly basis as required by the Department, including: (a) The number of: (i) Participants served by the OADPO program; (ii) New participants registered by the OADPO prog…

.08 Research. A. An individual researcher or institution shall apply for and receive approval from the Department before starting research in collaboration with an OADPO program. B. The Department shall: (1) Review each request; and (2) Approve or disapprove the proposed research…

.09 Revocation of Approval and Appeals. A. The Department and the local health officer may revoke the approval of an OADPO program if the OADPO program does not: (1) Meet the requirements of Health-General Article, Title 24, Subtitle 9, Annotated Code of Maryland; or (2) Operate …

.01 Health Education Services Regulations. A. Type of Service to Be Provided. Services to be provided are health education services of a general nature for purposes of informing the public about various health issues, promoting health enhancing behaviors, and organizing groups to…

.01 Scope. A. This chapter applies to a condom offered for sale or sold by means of a vending machine or other automatic device, and to a vending machine or other automatic device used for selling condoms. B. This chapter does not apply to a condom sold person-to-person in a busi…

.02 Approved Condoms. A condom that is approved by the U.S. Food and Drug Administration (FDA) as a medical device may be sold or offered for sale by means of a vending machine or other automatic device.

.03 Labeling of Product. A novelty device which resembles a condom but is not intended for prevention of sexually transmitted diseases or pregnancy and is not FDA approved as a medical device shall be clearly marked: “This item is not intended for prevention of sexually transmitt…

.04 Labeling of Vending Machine. A vending machine or other automatic device used for selling condoms shall be labeled with the name, address, and telephone number of the person or firm responsible for stocking the machine with condoms.

.01 Definitions. A. “Department” means the Maryland Department of Health. B. “Health care provider” means any licensed health care professional, organization, or institution, whether public or private, under whose authority pertussis vaccine is administered. C. “Major adverse rea…

.02 Requirements for Health Care Providers. A. Before the administration of pertussis vaccine, the health care provider shall provide to the patient's parent or guardian written information addressing: (1) The frequency, severity, and potential long-term effects of pertussis; (2)…

.03 Requirements of Local Health Officers. A. Upon receipt of notification of a major adverse reaction to a pertussis vaccine, the local health officer shall: (1) Notify and forward the morbidity report card to the Department within 24 hours; and (2) Assure that the necessary inf…

.04 Requirements of the Department. A. Whenever a resident birth occurs, the Department shall promptly provide parents of the newborn child with information included in Regulation .02A(1)—(10) of this chapter. B. The Department shall prescribe the form and content of the informat…

.05 General. Nothing in these regulations shall be construed to affect any emergency authority of the Secretary of Health and under any other provision of law to protect the public health.

.01 Scope. A. This chapter establishes regulations on the use of tanning devices by minors. B. Nothing in this chapter preempts a county or municipal government from enacting and enforcing more stringent measures to regulate the use of tanning devices by minors.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Customer” means a member of the public who is provided access to a tanning device in exchange for a fee, membership dues, or other compensation. (2) “Department” means the…

.03 Exclusions. This chapter does not apply to the use of any phototherapy device by a health care practitioner acting within the scope of the license of the health care practitioner or by order of a health care practitioner acting within the scope of the license of the health ca…

.04 Verification of Age. A person-in-charge may not allow a customer to use a tanning device at a tanning facility without confirmation, with a State or federal government-issued identification card, that the individual is not a minor.

.05 Posting of Notices. A. A tanning facility shall display conspicuously a notice that conforms to the requirements of §B of this regulation. B. The notice shall state: (1) That it is unlawful for a tanning facility owner, employee, or operator to allow a minor to use any tannin…

.06 Complaints and Investigations. A. A person or law enforcement officer may report a violation of this chapter to the health officer in the jurisdiction where the alleged violation took place. B. The Department shall make available a complaint form at the Department's website a…

.07 Enforcement. A. A health officer may investigate conditions relative to the enforcement of this chapter. B. The person-in-charge of a tanning facility shall permit a health officer to enter the tanning facility during business hours for the purpose of determining compliance w…

.08 Violations and Certification of Correction. A. The health officer shall provide the owner of a tanning facility found in violation of a provision of this chapter or Health-General Article, §20-106, Annotated Code of Maryland, with a written notice that contains: (1) The speci…

.09 Penalties. The penalties for a violation of Regulation .04 or .05 of this chapter, or of Health-General Article, §20-106, Annotated Code of Maryland, are: A. A letter of reprimand for the first violation; B. A civil penalty of $250 for a second violation; C. A civil penalty o…

.10 Request for Hearing. A. A person who receives a notice of violation with a penalty for a violation of Regulation .04, .05C, D, or E, or .06 of this chapter, or of Health-General Article, §20-106, Annotated Code of Maryland, may request a hearing on the notice of violation wit…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Chronic disease” means a noncommunicable condition that is a major cause of sickness or disability, including, but not limited to: (a) Heart disease; (b) Cancer; (c) Arthr…

.02 Membership. A. The Council shall consist of 34 members appointed by the Secretary according to Health-General Article, §13-203, Annotated Code of Maryland. B. A member shall: (1) Be a Maryland resident; or (2) If a qualified Maryland resident is not available to be appointed …

.03 Committees. A. The Council shall have the following four committees: (1) Arthritis; (2) Diabetes; (3) Heart Disease and Stroke; and (4) Physical Fitness. B. The Council may create: (1) Additional committees to organize the Council’s work; and (2) Temporary ad hoc committees t…

.04 Council Duties. A. The Council shall: (1) Provide guidance to the Secretary on Statewide chronic disease prevention and control; (2) Direct the priorities and work of the committees; and (3) Promote evidence-based programs for: (a) Healthy lifestyles; and (b) The prevention, …

.05 Meetings and Procedures. A. Meeting Frequency. (1) The Council shall meet at least two times per year. (2) A committee created by Regulation .03A of this chapter shall meet at least four times per year. B. Quorum. (1) A quorum shall be present to conduct a Council or committe…

.01 Scope and Purpose. This chapter: A. Defines the Maryland AIDS Drug Assistance Program Fund; B. Sets forth the responsibilities of the Maryland Department of Health with respect to the Maryland AIDS Drug Assistance Program Fund; and C. Establishes eligibility criteria for rece…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Acquired immunodeficiency syndrome (AIDS)” means the medical condition caused by the human immunodeficiency virus. (2) “Department” means the Maryland Department of Health…

.03 Maryland AIDS Drug Assistance Program Fund. A. The Maryland AIDS Drug Assistance Program Fund is a nonlapsing, special fund created by Health-General Article, §24-1801, Annotated Code of Maryland, for HIV treatment and care, which is generated from: (1) The 340B Drug Pricing …

.04 Responsibilities of the Department. The Department: A. Shall administer the Fund; and B. May spend the Fund on statutorily permitted purposes under the RWHAP or State-identified HIV priorities.

.05 Eligibility Criteria. A. The Fund shall be the reasonable payor of last resort for receipt of HIV prevention and care services; and B. Eligible individuals shall have exhausted all other potential payors, including but not limited to: (1) Third-party insurance; (2) Medicaid; …

.01 Scope. This chapter establishes procedures for HIV and hepatitis C testing ordered under the provisions of Criminal Procedure Article, §§11-107—11-117, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “County” means Baltimore City or a Maryland county. (2) “Department” means the Maryland Department of Health. (3) Exposure. (a) “Exposure” means one of the following: (i) P…

.03 Notice. A. The health officer shall require receipt of a written notice and a copy of a court order for testing from a State’s Attorney before initiating the process of HIV or hepatitis C testing and notification described in this chapter. B. The State's Attorney shall includ…

.04 Responsibility. A. The health officer of the county in which the offender currently resides shall assume responsibility for carrying out the activities described in Regulation .05 of this chapter. B. The health officer of the county in which the victim currently resides shall…

.05 Testing of Offender. A. HIV and Hepatitis C Testing. (1) Specimen Collection. (a) A specimen shall be collected from an offender following the methods described in the specifications for the blood or oral fluid test used. (b) The local health department shall provide guidance…

.06 Information for the Victim. A. The health officer or designee shall provide the victim with information addressing all of the following: (1) An explanation of HIV, AIDS, and hepatitis C; (2) An explanation of the risks of HIV and hepatitis C transmission in the course of a se…

.07 Confidentiality. A. Local Health Department Records. The local health department shall maintain separate confidential records of information and test results given to an offender required under the provisions of Criminal Procedure Article, §§11-107—11-117, Annotated Code of M…

.01 Scope. A. These regulations apply to any of the following individuals when the individual is involved in patient care activities: (1) Acupuncturist; (2) Dental hygienist; (3) Dentist; (4) Electrologist; (5) Employee of a health care facility; (6) Employee of a health care pro…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Assisted living facility” has the meaning for assisted living program stated in Health-General Article, §19-1801, Annotated Code of Maryland. (2) “Day care center for adul…