Maryland Administrative Code

.06 Waiver Form. A. A waiver form for an individual 18 years old or older shall: (1) State that the individual: (a) Is 18 years old or older; (b) Has received and reviewed the information provided by the institution of higher education on the risk of meningococcal disease and the…

.07 Payment for Meningococcal Vaccination. Nothing in this chapter shall be construed to require an institution of higher education or a local public health agency to provide or pay for a meningococcal vaccination.

.01 Scope and Purpose. A. Scope. (1) Regulations .01—.03 apply to a person who generates and handles special medical waste or sharps. (2) Regulations .01—.07 apply to a person who treats and disposes of special medical waste. (3) This chapter does not apply to: (a) Waste generate…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Anatomical material” means human or animal body parts, including tissues and organs. (2) “Autoclaving” means a process by which an article is subjected to steam under pres…

.03 Handling of Special Medical Waste. A person shall handle special medical waste in accordance with the requirements of: A. 29 CFR §1910.1030(d)(4)(iii)(A) and (B), which is incorporated by reference at COMAR 09.12.31; and B. COMAR 26.13.12.05 and 26.13.13. Cross References 10.…

.04 Treatment of Special Medical Waste, Excluding Sharps, Before Disposal. A. Except as provided in §B of this regulation, a person shall: (1) Treat special medical waste, excluding sharps, before disposal; and (2) Use one of the following treatment methods: (a) Autoclaving; (b) …

.05 Treatment of Sharps Before Disposal. A person shall treat sharps: A. Before disposal; and B. By one of the following methods: (1) Encapsulation; (2) Incineration; (3) Mechanical destruction after decontamination; or (4) An alternative method that meets the criteria of Regulat…

.06 Alternative Treatment Systems. A. Except as provided in §B of this regulation, a person may not use a method for treatment of special medical waste other than those set forth at Regulations .04A(2) and .05B of this chapter. B. Criteria for Alternative Treatment System. A pers…

.07 Disposal of Special Medical Waste. A. Subject to §§B and C of this regulation, a person shall dispose of special medical waste after treatment by one of the following methods: (1) Interment; (2) Depositing in a facility approved to accept the type of solid waste being dispose…

.08 Enforcement. A. The Secretary may enter the property of any person who generates, handles, treats, or disposes of special medical waste to investigate a complaint the Secretary receives regarding the handling, treatment, or disposal of special medical waste. B. Criminal Penal…

.01 Purpose and Scope. A. The purpose of expedited partner therapy in Maryland is to: (1) Provide antibiotic therapy to any partner of a patient diagnosed with chlamydia, gonorrhea, or trichomoniasis without a personal physical assessment of the partner, and without having a prev…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Antibiotic therapy” means the oral antibiotic treatment regimens: (a) Currently recommended by the Centers for Disease Control and Prevention for the treatment of chlamydi…

.03 Partners Eligible for EPT. Partners eligible for EPT are: A. Any partner within 60 calendar days of the patient’s diagnosis; or B. The most recent partner of a patient if the patient has not had sex in the 60 days before diagnosis.

.04 Health Care Providers Authorized to Prescribe and Dispense EPT. Notwithstanding any other provision of law, and only in accordance with their current scope of practice, EPT may be prescribed or dispensed by the following health care providers: A. A physician licensed under He…

.04-1 Pharmacists Authorized to Dispense EPT. Notwithstanding any other provision of law, a pharmacist licensed under Health Occupations Article, Title 12, Annotated Code of Maryland, may dispense antibiotic therapy for EPT prescribed in accordance with Regulation .04 of this cha…

.05 Prescribing and Dispensing EPT Medications. A. Antibiotic therapy prescribed or dispensed for EPT shall be in accordance with treatment recommendations from the Centers for Disease Control and Prevention. B. Prescribing. (1) A separate prescription shall be issued for each pa…

.06 Counseling and Educational Information Requirements. A. A health care provider prescribing or dispensing EPT to a patient shall: (1) Counsel the patient to encourage each partner to seek a personal physical assessment; and (2) Provide the patient with educational information …

.07 Documenting EPT in a Medical Chart. A. A health care provider prescribing or dispensing EPT shall document the provision of EPT in the patient’s chart. B. Documentation shall include the: (1) Number of EPT prescriptions or medications provided to the patient for each partner;…

.08 Reporting of Chlamydia and Gonorrhea by a Health Care Provider or Institution. A. This chapter may not affect the obligation of a health care provider or institution to report to a health officer cases of chlamydia and gonorrhea and the treatment provided to those cases in ac…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Accredited hospital” means a hospital accredited by The Joint Commission or other accreditation organization approved by the Department. (2) “Accredited special rehabilita…

.02 Incorporation by Reference. The following documents are incorporated by reference: A. Guidelines for Design and Construction of Hospitals, The Facilities Guidelines Institute (2022 Edition); and B. 2025 Hospital Accreditation Standards, Elements of Performance, The Joint Comm…

.03 Hospital Classification. A. General Hospital. A hospital shall be classified as a general hospital if the hospital at least has the facilities and provides the services that are necessary for the general medical and surgical care of patients. B. Special Hospital. A hospital s…

.04 Licensure Application Procedure. A. A person desiring to open a hospital, to continue the operation of an existing hospital, or to change the classification of an existing hospital shall file an application with the Secretary, on a written or electronic form provided by the S…

.05 Duration of License. A. The Secretary shall issue a license to an accredited hospital or special rehabilitation hospital for the term of the facility's accreditation. B. The Secretary shall issue a license to a nonaccredited hospital for a term not to exceed 1 year.

.06 Separate License Required. A. Separate licenses are required for institutions maintained on separate premises, even though both institutions are operated under the same management. B. Separate licenses are not required for separate buildings on the same grounds.

.06-1 Licensed Bed Capacity. A. On or before July 1, 2000, and each July 1 thereafter, the Secretary shall determine the authorized licensed bed capacity for each hospital classified as a general hospital. B. Methodology for Calculating Total Authorized Licensed Bed Capacity. (1)…

.07 Inspections. A. New Hospitals. A hospital that began initial operation on or after July 1, 1982, shall be inspected for compliance with the safety and sanitation components of the regulations promulgated by the Department until the hospital receives accreditation by an accred…

.08 Complaint Investigations. A. Notwithstanding any other provisions of this subtitle, each hospital and residential treatment center shall be open to inspections by the Department to investigate and resolve any complaint concerning patient care, safety, medical and nursing supe…

.09 Service Standards — Nonaccredited Hospitals. A. Acute General Hospitals and Special Hospitals. Nonaccredited acute general and special hospitals shall comply with The Joint Commission’s Hospital Accreditation Standards. B. Waiver Authority. The Secretary may, for good cause, …

.10 Service Standards — Special Rehabilitation Hospitals. A. Before a special rehabilitation hospital can provide or hold itself out as providing comprehensive physical rehabilitation services, the special rehabilitation hospital shall: (1) Except as otherwise provided in this re…

.11 Special Rehabilitation Programs — Hospitals. A. Except as otherwise provided in this regulation, before a hospital can provide or hold itself out as providing any specialized rehabilitation program, the hospital shall be accredited by the Commission on Accreditation of Rehabi…

.12 Records and Reports — Inspection. Licensees shall keep such records and make reports in the manner and form as the Secretary shall prescribe by regulation, and all these records shall be open to inspection by the Secretary.

.13 Utilization Review Plan. A. Before October 1, 1985, each hospital shall submit a proposed utilization review plan to the Secretary. B. Effective October 1, 1985, each hospital shall have in effect a utilization review plan approved by the Secretary pursuant to this chapter. C…

.14 Utilization Review Agent. A. Each hospital shall appoint a utilization review agent to carry out the requirements of the utilization review plan. When the agent is composed of hospital related personnel the hospital's plan shall expressly designate the positions and the organ…

.15 Performance Standards for Utilization Review. The hospital's program shall apply to all patients with the exceptions of those noted in Regulation .17, below. Except when noted for certain types of review, the program may delineate certain types and kinds of cases to be review…

.16 Protection of Patients — Patient Liability. A. Charges for any days disallowed as a result of retrospective review by the agent or by a payer conducting utilization review under these regulations shall be deducted from the gross charges in the bill to the patient as a contrac…

.17 Exemptions from Hospital Utilization Review. A. A hospital shall be exempt from carrying out utilization review procedures for a given patient if the: (1) Person, corporate entity, or insurance plan paying for the patient's hospitalization has a utilization review program tha…

.18 Record Maintenance by Utilization Review Agents. A. The plan shall describe how, in addition to maintaining documents which describe its utilization review procedures, the agent shall maintain the following records for each individual patient for whom any aspect of the utiliz…

.19 Reports to the Secretary. A. Each hospital shall report annually to the Secretary the following summary statistics on the activity of its utilization review program: (1) The number of discharges and total patient days reviewed under the program; (2) For each of the procedures…

.20 Penalties. If a hospital fails to submit a utilization review plan or fails, after adequate discussion with the Department, to develop an approvable plan, or fails to operate a plan which has been approved, then the Secretary may impose upon the hospital the following penalti…

.21 Procedures for Which Preauthorization is Required — Repealed.

.22 Practitioner Performance Evaluation. A. Consistent with the standards of the Joint Commission for focused and ongoing professional performance evaluations, the hospital shall establish a practitioner performance evaluation process that objectively evaluates the performance of…

.23 Guidelines Governing the Transfer of Patients Between Hospitals. A. If a hospital is able to provide adequate care to a patient, the hospital may not transfer the patient to another hospital unless: (1) One or more of the following circumstances is present: (a) The patient do…

.24 Physician Credentialing Process. A. General. In accordance with this regulation, a hospital shall have in effect a credentialing process. B. Scope of Credentialing Process. The credentialing process shall apply to any physician who shall admit or treat patients in the hospita…

.25 Medical Professional Liability Closed Claim Form. A. A hospital shall complete and submit to the Department the approved Medical Professional Liability Closed Claim form, for each medical liability claim filed regarding the care or services received by a patient under the car…

.26 Anatomical Donations. A. This regulation does not: (1) Limit the right of an individual to make a gift under the Anatomical Gift Act, Estates and Trusts Article, Title 4, Subtitle 5, Annotated Code of Maryland; or (2) Interfere with the duties of the office of the Chief Medic…

.27 Discharge Planning Requirements. A. Discharge Options. A hospital may discharge a patient: (1) Entirely; (2) To another level of care, treatment, or services; (3) To different health care professionals; or (4) To settings for continued services. B. A hospital's process for tr…