Maryland Administrative Code

.13 Relation to Other Admission Provisions. A. Nothing in this chapter prevents the admission to a hospital pursuant Health-General Article, §10-601 et seq., Annotated Code of Maryland, of an individual participating in the Program. B. An individual’s participation in the program…

.14 Effective Date. This chapter is effective July 1, 2017.

.01 Scope. This chapter establishes standards for the imposition of civil money penalties against an organization or program determined to be in violation of this subtitle.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Material and Egregious Violation (1) “Material violation” means any course of conduct, including a single incident, that may cause a program, individual, or organization to fail to comply wit…

.03 Civil Money Penalty — Imposition. A. The Department may impose a civil money penalty against an organization for a material violation of a State or federal law or regulation in any of its programs. B. The Department may additionally cite violations of accreditation standards …

.04 Penalty for Unlicensed Operation. An organization that operates or purports to operate a service or site without a license that is required pursuant to this subtitle may be assessed a civil money penalty by the Department of $1,000 per day of operation per location site or se…

.05 Civil Money Penalty — Appeal. A. An organization aggrieved by the imposition of a civil money penalty may appeal the action by filing a request for a hearing in accordance with COMAR 10.63.06. B. If the hearing affirms the imposition of the penalty, the Secretary shall issue …

.01 Definitions. A. In this chapter the following terms have the meanings indicated. B. Terms Defined. (1) “Accompany the patient to the hospital” means, in the case of a transfer of care to a hospital, the direct-entry midwife: (a) If possible, will ride in the ambulance with th…

.02 Scope of Practice. The practice of direct-entry midwifery includes: A. Providing the necessary supervision, care, and advice to a patient during a low-risk pregnancy, labor, delivery, and postpartum period; B. Newborn care authorized under Health Occupations Article, §8-6C-02…

.03 Scope of Practice — Prohibitions. A. The practice of direct-entry midwifery does not include: (1) Pharmacological induction or augmentation of labor or artificial rupture of membranes before the onset of labor; (2) Surgical delivery or any surgery except an emergency episioto…

.04 Required Consultation. A. A licensed direct-entry midwife shall consult with a health care practitioner and document: (1) The consultation; (2) The recommendations of the consultation; and (3) The discussion of the consultation with the client if any of the following conditio…

.05 Required Transfer of Care. A. Except for §B of this regulation, a licensed direct-entry midwife shall arrange immediate emergency transfer to a hospital if: (1) The patient requests transfer; or (2) The patient or newborn is determined to have any of the following conditions …

.06 Assistant for Home Birth. At the time of delivery, a licensed direct-entry midwife shall be assisted by a second individual who has: A. Completed the American Academy of Pediatrics/American Heart Association Neonatal Resuscitation Program (NRP) within the previous 2 years; an…

.07 Licensed Direct-Entry Midwifery Formulary, Equipment, and Medical Devices. A. As approved by the Board, in accordance with Health Occupations Article §8-6C-02(b)(8), Annotated Code of Maryland, a licensed direct-entry midwife may: (1) Obtain and administer medications; and (2…

.08 License Required and Exceptions. A. An individual shall be licensed by the Board before the individual may practice direct-entry midwifery in the State. B. This regulation does not apply to: (1) An individual who assists at a birth in an emergency; (2) An individual who is li…

.09 Patient’s Refusal to Transfer Care. A. If a patient chooses to give birth at home in a situation prohibited by this chapter or in which a licensed direct-entry midwife recommends transfer, the licensed direct-entry midwife shall: (1) Transfer care of the patient to a health c…

.10 Plan of Care. A. A licensed direct-entry midwife shall develop a general written plan for: (1) Emergency transfer of a patient, a newborn, or both; (2) Transport of a newborn to a newborn nursery or neonatal intensive care nursery; and (3) Transport of a patient to an appropr…

.11 Informed Consent Agreements. A. Before initiating care, a licensed direct-entry midwife shall obtain a signed copy of the Board-approved standardized informed consent agreement. B. The agreement developed under §A of this regulation shall include acknowledgment by the patient…

.12 Required Reports. A. Annually, beginning October 1, 2016, a licensed direct-entry midwife shall submit a report to the Committee, in a form specified by the Board, of the following information regarding cases in which the licensed direct-entry midwife assisted during the prev…

.13 Direct-Entry Midwifery Advisory Committee. A. There is a Direct-Entry Midwifery Advisory Committee within the Board. B. Committee Appointments. (1) The Committee shall consist of seven members appointed by the Board, in accordance with the following. (a) Three shall be licens…

.14 Committee Duties. A. The Committee shall: (1) Review applications for licensure as a licensed direct-entry midwife and make recommendations to the Board regarding applicants; (2) Maintain a list of all licensed direct-entry midwives; (3) Make recommendations to the Board rega…

.15 Qualifications of Applicants for Initial Licensure. A. An applicant shall: (1) Be of good moral character; (2) Be a high school graduate or have completed equivalent education; (3) Be 21 years old or older; (4) Hold a current cardiopulmonary resuscitation (CPR) certification …

.16 Applications for Licenses and Issuance of Licenses. A. To apply for a license to practice direct-entry midwifery an applicant shall submit: (1) To a criminal history records check (CHRC) in accordance with Health Occupations Article, §8-303, Annotated Code of Maryland; (2) A …

.17 Term and Renewal of License and Reinstatement of License. A. A license issued under this regulation authorizes the licensee to practice direct-entry midwifery while the license is active. B. A license: (1) Expires on October 28 of every odd-numbered year; (2) Is valid for 2 y…

.18 Fees. A. The fees listed in this regulation are not refundable. B. An initial license shall only be valid until the next renewal period. C. The fees are as follows: (1) Initial application fee — $900; (2) Biennial renewal — $800; (3) Reactivation fee — $800; (4) Reinstatement…

.19 Prohibited Acts. A. Unless authorized to practice direct-entry midwifery, an individual may not represent to the public by title, description of service, method, procedure, or otherwise, that the individual is authorized to practice direct-entry midwifery in the State. B. A l…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Abandonment” means: (a) The unilateral termination of the licensed direct-entry midwife-client relationship by the direct-entry midwife without reasonable notice; (b) Fail…

.02 Ethical Responsibilities. A. A licensed direct-entry midwife shall: (1) Provide services with respect for human dignity and the uniqueness of a client unrestricted by consideration of social or economic status, religious affiliation, personal attributes, or the nature of heal…

.03 Penalties. Violation of this chapter may result in the Board taking disciplinary action against a licensee pursuant to Health Occupations Article, §8-6C-20, Annotated Code of Maryland.

.01 Rules of Order. All proceedings of the Board in regular session shall be governed by Robert’s Rules of Order.

.02 Board Officers, Members, and Staff. A. The Board shall, as the appointing authority, direct the operation of the staff through the executive director. B. Board members may not have monetary, pecuniary, or other interest in the affairs of any: (1) Staff member; or (2) Organiza…

.03 Scope. Except as specifically provided in this chapter, this chapter does not limit the right of an individual to: A. Practice a health occupation that the individual is otherwise authorized to practice under the Health Occupations Article, Annotated Code of Maryland; or B. A…

.04 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the State Board of Massage Therapy Examiners. (2) “Custodian of records” means an individual designated by the Board who: (a) Is responsible for the security,…

.05 Licensure or Registration Required; Exceptions. An individual shall be licensed by the Board in order to practice massage therapy, and shall be registered by the Board in order to practice massage therapy in a setting that is not a health care setting, except for the followin…

.06 Application for Licensure or Registration. A. An applicant for a license to practice massage therapy shall: (1) Complete the application provided by the Board; (2) Pay the application fee as specified in COMAR 10.65.07; (3) Submit one recent 2 inch by 2 inch passport type pho…

.07 Required Massage Therapy Education and Training. A. Classroom Training: LMTs. (1) An applicant for a license to practice massage therapy shall provide documentation of having graduated with at least 750 hours of education in a Board-approved program for the study of massage t…

.08 Licensure. A. The Board shall: (1) Issue a license to an approved applicant that: (a) Is not valid for more than 2 years, and (b) Expires on the date set by the Board; or (2) Notify an applicant not approved for licensure by letter which specifies the reason or reasons for di…

.09 Registration. A. The Board shall: (1) Issue an initial registration until September 30, 2024, to an approved applicant that: (a) Is not valid for more than 2 years; and (b) Expires on the date set by the Board; or (2) Notify an applicant not approved for registration, by a le…

.10 Renewals. A. The Board shall send each licensee a renewal notice that states the: (1) Date on which the current license or registration expires; (2) Latest date by which the renewal application and documentation can be received by the Board in order for the renewal license or…

.11 Reinstatement. A. The Board shall reinstate an individual whose license or registration has expired if the individual: (1) Meets the renewal requirements of this chapter and Health Occupations Article, §6-306, Annotated Code of Maryland; (2) Pays the late and reinstatement fe…

.12 Inactive Status. A. In accordance with Health Occupations Article, §6-306, Annotated Code of Maryland, a request by an active licensee or registrant to transfer a license or registration to inactive status shall be granted upon receipt of the: (1) Completed Board-approved ina…

.13 Duplicate Licenses and Registrations. A. The Board shall issue a duplicate license or registration to a licensee if: (1) The licensee has a change of name, loses or damages the original, or practices in multiple locations; and (a) Makes the request to the Board in writing; (b…

.14 Penalties. If a licensee fails to notify the Board of a change of name or address within the time required in Regulations .08B and .09B of this chapter, subject to the hearing provisions of Health Occupations Article, §6–309, Annotated Code of Maryland, the Board may impose a…

.15 Compelling Public Purpose Disclosure. A. The custodian of records for the Board may find that a compelling public purpose warrants disclosure of information in an application, certification, licensing, or investigative file, regardless of whether there has been a request for …

.16 Board Approval of Educational Programs. A. The Board may approve any program of studies provided by an accredited State educational institution for: (1) Licensed massage therapists; and (2) Registered massage practitioners. B. The Board shall: (1) Maintain a list of education…

.01 Scope. This chapter applies to all contested case hearings before the Board of Massage Therapy Examiners or before the Office of Administrative Hearings. It does not apply to conferences or other informal investigations or proceedings.

.02 Notice of Hearing. A. Written notice of a hearing shall be sent by the Board to all interested parties at least 30 days before the hearing. The notice shall state the date, time, and place of the hearing. It shall also state the issues or charges involved in the proceeding, p…