Maryland Administrative Code

.02 Definitions. The terms defined in COMAR 10.54.01.04 also apply to this chapter.

.03 Selection of a Local Agency. The State agency shall select a local agency in accordance with the following priorities: A. First consideration shall be given to a public or a private nonprofit health agency that will provide ongoing, routine pediatric and obstetric care and ad…

.04 Duties and Responsibilities. To participate in the Program, a local agency shall: A. Comply with the fiscal and operational requirements prescribed by the State agency or the federal government in: (1) This chapter; (2) COMAR 10.54.01; (3) 7 CFR Part 3015; (4) 7 CFR Part 3016…

.05 Certification Process. A local agency shall: A. Certify an applicant as eligible for the Program according to the policies and procedures prescribed in COMAR 10.54.01; B. Inform an applicant or participant, or a parent or caretaker, of the participant’s rights and responsibil…

.06 Nutrition Education. A. A local agency shall provide nutrition education or a local agency shall enter into an agreement with another agency to provide nutrition education. B. If nutrition education is provided by another agency, then the local agency shall: (1) Acknowledge t…

.07 Food Delivery. A. General Provisions. A local agency shall: (1) Implement and operate a food delivery system according to the local agency's agreement with the State agency; (2) Ensure that the food delivery system's operation is compatible with the delivery of health and nut…

.08 Financial Management System. A local agency shall: A. Maintain records that identify the source and use of funds expended for Program activities and which contain information pertaining to: (1) Authorization; (2) Receipt of funds; (3) Obligations; (4) Unobligated balances; (5…

.09 Program Costs — General. A local agency may have the following administrative and program services costs: A. Direct costs, as allowed under 7 CFR Part 3016, which are identifiable costs incurred exclusively for the purpose of the Program; and B. Indirect costs, as allowed by …

.10 Allowable Administrative and Program Service Costs. A. Expenditures for Nutrition Education. (1) During each federal fiscal year, a local agency shall use for nutrition education an amount equal to at least 20 percent of the administrative award set forth in §B of this regula…

.11 Monitoring and Review. A. Management Evaluation and Reviews. Every 2 years the State agency shall conduct a monitoring review of each local agency, including an on-site review of a minimum of 20 percent of the clinics in a local agency or one clinic, whichever is greater. Thi…

.12 Disqualification of a Local Agency. The State agency may disqualify a local agency when the: A. State agency determines a local agency's noncompliance with Program regulations; B. State's Program funds are insufficient to support the continued operation of the Program's exist…

.13 Claims and Penalties. A. If the State agency determines through a review of a local agency's reports, program or financial analysis, monitoring, audit, or other means, that Program funds provided to a local agency for administrative and program services purposes were, through…

.14 Records and Reports. A. A local agency shall: (1) Maintain full and complete records concerning Program operations; (2) Establish and maintain records concerning: (a) Financial operations; (b) Food delivery systems; (c) Food instrument issuance; (d) Equipment purchases; (e) I…

.15 Appeal Procedures. A local agency filing an appeal from an administrative decision made in connection with these regulations shall do so in accordance with COMAR 10.01.06.

.16 Conflict of State and Federal Law and Regulation. If a provision of this chapter conflicts with a federal statute or regulation, the federal statute or regulation prevails.

.17 Program Information Disclosure. A. The Food and Nutrition Service of the U.S. Department of Agriculture and the State agency reserve the right to use information obtained under the Program in a summary, statistical, or other form which does not identify an individual client. …

.18 Payment to a Local Agency. A. The funds awarded by the Department to a local agency are based on the caseload to be served and are subject to the availability of federal funds. B. Funding rates will be updated annually and available from the Department.

.01 Scope. This chapter specifies the policies and procedures for the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC) to authorize vendors to redeem WIC food instruments and provide foods to WIC participants.

.02 Incorporations by Reference. In this chapter, the following documents are incorporated by reference: A. 42 U.S.C. §1786, as amended; and B. 7 CFR 15-15b and 246, as amended. Cross References 10.54.03.15B(2)(b) 10.54.03.21

.03 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Above 50 percent vendor” means a vendor that derives or will derive after commencement of business more than 50 percent of the vendor's annual eligible food sales revenue …

.04 Authorization Requirements. A. A store shall obtain authorization to operate as a WIC vendor from the State agency before redeeming food benefits. B. A store: (1) May not redeem WIC food benefits unless the store is authorized as a WIC vendor by the State agency; (2) Constitu…

.05 Requirements for Military Commissaries. A. The State agency shall authorize a military commissary vendor applicant that complies with the requirements of §B of this regulation. B. To become an authorized WIC vendor, a military commissary shall complete and sign a vendor agree…

.06 Food Packages for Peer Group Price Calculation. A. The State agency shall group the food items on the vendor price list form into the following food packages: (1) Foods for an infant 4 months old or older but younger than 13 months old: (a) 31 13-fluid-ounce cans of concentra…

.07 Vendor Application Package and Dates. A. The State agency shall provide an application package to a vendor that requests it. B. The application package shall consist of the following: (1) An overview of the WIC Program; (2) The minimum requirements for authorization; (3) The …

.08 On-Site Review of Vendor Applicants. A. A military commissary is exempt from State on-site reviews. B. Except as provided in §A of this regulation, the State agency shall conduct an unscheduled on-site review of a vendor applicant’s store within 60 days of receipt of an appli…

.09 Grant, Retention, and Denial of Authorization. A. The State agency shall grant or deny authorization to a vendor applicant within 60 days of receipt of an application. B. Authorization Granted. The State agency shall grant authorization if the vendor applicant's store meets t…

.09-1 Price Determinations. A. The WIC Program shall calculate peer group averages according to the peer groups set forth in Regulation .03B(33)—(38) of this chapter. B. The WIC Program may implement price determinations that are applicable statewide, or to specific peer groups, …

.10 Food Package Prices After Authorization. A. After authorization, a vendor, other than a pharmacy only or military commissary, shall maintain prices for each of the food packages set forth in Regulation .06A of this chapter that are less than or equal to 125 percent of the pee…

.11 Maximum Reimbursement to Vendors. A. Food Store, Food Store/Pharmacy Combination, and Pharmacy Only Vendors. The State agency shall establish a maximum price payable for each WIC-approved food item, which shall be calculated as follows: (1) Based on the WIC Management Informa…

.12 Recovery of Excess Charges. A. The State agency, through prepayment and post payment edit review of WIC redemptions, shall ensure that excess charges do not occur. B. If the State agency determines that excess charges have occurred as a result of software, bank, or other erro…

.13 WIC-Authorized Foods. A. The State agency shall: (1) Maintain the WIC-authorized foods list; (2) Make the list available to all participants and authorized WIC vendors; and (3) Maintain the APL. B. A vendor shall keep a copy of the Program’s current WIC-authorized foods list:…

.14 Minimum Required Stock. A. A food store or food store/pharmacy combination vendor with four or more cash registers shall maintain on the store premises, available for immediate purchase by a WIC participant during regular business hours, the following minimum required stock: …

.15 Required Vendor Practices. A. The State agency or its representative shall conduct inventory audits, compliance buys, and monitoring to ensure that authorized vendors comply with required vendor practices. B. General Requirements. (1) A vendor shall: (a) Maintain on the store…

.16 Vendor Sanctions. A. The Program may sanction a vendor that fails to comply with a required practice in Regulation .15B(1)(a)—(l), (n)—(q), and (t) and (2)(b) and (e)—(i), C(1)(a)—(n), (2)(a), (b), (d)—(f), (j), and (k), and (3), and D(1)(a) and (e) and (2)(a) and (c) of this…

.17 Additional Penalties for Program Violations. In addition to the State agency sanctions set forth in Regulation .16 of this chapter, and pursuant to 7 CFR §§246.12(f)(xiv) and 246.23(d), a vendor that commits fraud and abuse of the Program may be liable to prosecution under fe…

.18 Vendor Appeals. A. Except as otherwise provided in this regulation, the procedures set forth in COMAR 10.01.03, and not the procedures set forth in COMAR 10.01.06, govern appeals by vendors and vendor applicants. B. Notice. (1) Not less than 15 days in advance of the effectiv…

.19 Participant Hardship. A. Except for the sanction prescribed in Regulation .16D of this chapter, the State agency may determine that a participant hardship would exist if a vendor is disqualified and one of the following conditions would result: (1) At least ten participants h…

.20 Conflict of Documents. If the provisions of this chapter conflict with the WIC State plan or other policies of the Program, the provisions of this chapter prevail.

.21 Conflict of Laws. If the provisions of this chapter conflict with federal statutes and regulations, including those incorporated by reference in Regulation .02 of this chapter, the federal statutes and regulations prevail.

.01 Scope. A. Except as provided in §B, of this regulation, these regulations apply to a person seeking to practice dietetics in the State. B. Exceptions. These regulations do not apply to a person who: (1) Provides nonmedical nutrition services and information to the public whil…

.02 Definitions. A. The following terms have the meanings indicated. B. Terms Defined. (1) “Accredited institution” means a college or university accredited by a regional educational accrediting association through the Council for Higher Education Accreditation and the United Sta…

.03 Application Procedures. A. In order to obtain a license, the applicant shall: (1) Submit to the Board an application on the form provided by the Board; (2) Pay to the Board the application fee set forth in COMAR 10.56.02; and (3) Submit evidence that the applicant: (a) Is a r…

.04 Academic Requirements. For initial licensure as a dietitian or nutritionist, an applicant shall submit proof of one of the following to the Board: A. Registration through the Commission on Dietetic Registration of the American Dietetic Association and receipt of, at a minimum…

.05 Experience Requirements. A. Before licensure, an applicant shall have completed a preplanned professional experience program as described under Regulation .06 of this chapter. B. An applicant for licensure shall be considered to have met the experience requirements of this re…

.06 A Preplanned, Professional Experience Program. A. An applicant shall complete a Board-approved supervised, continuous, preplanned professional experience program. The applicant shall ensure that the experience program is accomplished within a span of 30 months and includes th…

.07 Examination Procedures. A. Unless waived by the Board as provided in §§B and C of this regulation, an applicant shall pass a Board-approved written examination before licensure. B. Waiver of Examination. The Board may waive the examination requirement for an applicant who: (1…

.08 Action on Application. A. The Board shall review all completed applications within 90 days of receipt of the completed application. B. The Board may delegate the initial review of applications to a committee of the Board. C. At the next regular meeting of the Board, the Board…