Maryland Administrative Code

.25 Reports and Actions Required in Unusual Occurrences. A. The center shall immediately report an occurrence such as a communicable disease or food-borne outbreak, poisoning, death, fire, use of restraints or other unusual incident that threatens the health or safety of any part…

.26 Records. A. Records. The center shall maintain records that are needed to operate the center, as required by the Department, and to document the progress of the participants. B. Retention. The center shall maintain participants' records for at least 5 years from the date of d…

.27 Transportation. A. The center shall provide or arrange transportation to enable participants to attend the center and to participate in activity outings, medical appointments, or other participant required services. B. The center and its staff shall operate vehicles in accord…

.28 Physical Plant. A. New Center. (1) A new center shall be designed, constructed, and maintained according to applicable federal, State, and local codes and regulations for building, zoning, fire, food, safety, health and other related codes or ordinances, or both. The center s…

.29 Emergency Preparedness. A. The center shall develop an emergency and disaster plan that includes policies and procedures that shall be followed before, during, and after an emergency or disaster, including: (1) The safe management of individuals who are receiving services at …

.30 Furniture, Furnishings, and Supplies. A. Furniture. (1) The furniture in a center shall be: (a) Appropriate for use by individuals with disabilities; (b) Sturdy and secure so that it cannot easily tip when used for support while walking or seated; (c) Designed so that it is u…

.31 Work Stations. A. The center shall provide at least one work station for use of nurses, social workers, program assistants, or other appropriate staff and consultants. B. Work stations shall have sufficient storage space for records and to meet the needs of the center.

.32 Infection Control. There shall be sufficient hand-washing facilities to ensure that employees maintain adequate infection control procedures.

.33 Food Service Area. A. Whether prepared on-site or off-site, food shall: (1) Be prepared and served under sanitary conditions; and (2) Meet the requirements of COMAR 10.15.03. B. The Department shall approve all plans for the construction and renovation of facilities and equip…

.34 Bathrooms. A. General Requirements. (1) Bathrooms shall be located not more than 30 feet from the primary activity areas. (2) The center shall provide at least one toilet and one hand-washing sink for every 10 participants. Additional toilets and hand-washing sinks may be req…

.35 Laundry Facilities. A. Laundry facilities shall be available on-site for use if a participant's clothing becomes soiled while he or she is at the center. B. The area or areas where laundry facilities are located shall be equipped with exhaust ventilation, secure chemical stor…

.36 Water Supply. A. Water Supply. A center shall be served by water from an approved public water supply. If an approved public water supply is not available, a private water supply may be used if the Department of the Environment approves the source in accordance with COMAR 26.…

.37 Plumbing and Sewage. A. Plumbing. All plumbing in a center shall be installed and maintained according to all applicable federal, State, and local building codes and sanitation regulations. B. Sewage. A center shall be served by an approved public sewage disposal system, if a…

.38 Heating, Air Conditioning, and Ventilation. A. Heating. (1) The center shall have a properly maintained and operating central heating system that is capable of maintaining 75°F throughout the participants' section of the building. (2) The heating system shall comply with NFPA…

.39 Lighting. A. The center shall ensure that lighting levels in all areas are appropriate for the type of activity. B. Glare from windows exposed to direct sunlight shall be kept at a minimum by using window coverings and glare from lights shall be kept at a minimum by using sha…

.40 Sanitation. A. The center shall have sufficient maintenance and housekeeping personnel to assure that the center is clean, orderly, attractive, and safe at all times. B. The center shall ensure that maintenance and housekeeping activities are completed on a regular basis and …

.41 Safety. A. Fire Safety. The center shall comply with the provisions of: (1) COMAR 20.06.01; (2) NFPA 101 Life Safety Code, which is incorporated by reference in COMAR 29.06.01.06; and (3) All other applicable federal, State, and local fire codes and regulations. B. A center t…

.42 Smoking. A. The center shall prohibit smoking in all indoor areas in accordance with COMAR 09.12.23. B. If smoking is permitted in exterior areas, the center shall establish and implement smoking policies and procedures that minimize the risk of fire. C. The smoking policies …

.43 Sanctions. A. If the Department determines that a deficiency or deficiencies exist, the Secretary may impose sanctions against the licensee. B. The Secretary may impose the following sanctions, as appropriate: (1) Direct the licensee to correct the deficiencies in a specific …

.44 State Monitor. A. If the Department determines that a deficiency or deficiencies exist, the Department may appoint a State monitor who is qualified on the basis of education and experience to oversee correction of the deficiencies. B. The duties of the State monitor shall be …

.45 Mandated Staffing Pattern. A. When the Department determines that a deficiency or deficiencies exist, the Department shall notify the center of the deficiency or deficiencies and may either: (1) Mandate a staffing pattern that specifies the number of personnel or personnel qu…

.46 Admission Restriction. A. If the Secretary determines that a serious health or fire safety deficiency exists in a center, the Secretary immediately may restrict new admissions to the center for not more than a 30-day period. B. Within 7 days after a request by an aggrieved pa…

.47 Civil Money Penalties. A. The Secretary may impose a civil money penalty if a deficiency or an ongoing pattern of deficiencies exists in a center. B. In determining whether a civil money penalty is to be imposed, the Secretary shall consider the following factors: (1) The num…

.48 Amount of Civil Money Penalties. A. A civil money penalty imposed under this chapter for potential for more than minimal harm deficiencies may not exceed: (1) $3,000 per instance; or (2) $300 per day for an ongoing pattern of deficiencies until the center is in compliance. B.…

.49 Civil Money Penalties — Hearings. A. A hearing on the appeal shall be held in accordance with the State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. B. The Secretary shall have the burden of proof with respect to the imposition of the civil money pena…

.50 Civil Penalties — Unlicensed Center. A. Imposition of Penalty. The Secretary may impose a civil money penalty on a person who manages or operates an unlicensed center as follows: (1) A civil money penalty imposed on a person under this chapter may not exceed $10,000 for each …

.51 Emergency Suspension. A. The Secretary may immediately suspend a license on finding that the public health, safety, or welfare imperatively requires emergency action. B. The Department shall deliver a written notice to the center: (1) Informing it of the emergency suspension;…

.52 Denial or Revocation of License. A. Denial or Revocation of License. The Secretary, for cause shown, shall notify the center of its decision to deny or revoke the center's license. The denial or revocation shall be stayed if a hearing is requested. B. The Department shall not…

.53 Hearings. A. A request for a hearing shall be filed with the Office of Administrative Hearings, with a copy to the Office of Health Care Quality of the Department, not later than 30 days after receipt of notice of the Secretary's action. The request shall include a copy of th…

.01 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Breast implantation” means both: (a) Breast augmentation, the procedure of surgically inserting breast implants beneath a woman's natural breasts; and (b) The type of brea…

.02 Requirements for the Maryland Department of Health. The Department shall: A. Provide a standardized written summary in layperson's language that: (1) Contains the information on breast implantation generally contained in the package inserts for breast implants, and (2) Disclo…

.03 Requirements for Physicians. A. The standardized written summary provided by the Department shall be provided to the woman by the physician as soon as possible but not later than 5 days before a physician performs a breast implantation operation. B. The physician may provide …

.01 Scope. This chapter defines the parameters under which a licensee may dispense prescription drugs in accordance with Health Occupations Article, §12-102, Annotated Code of Maryland.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the Board of Dental Examiners, the Board of Physicians, or the Board of Podiatric Medical Examiners. (2) Final Check. (a) “Final check” means the verification…

.03 Application for Dispensing Permit. A. The licensee shall complete an application on a form approved by the appropriate Board and pay a fee in accordance with the fee schedule for: (1) Physicians at COMAR 10.32.01.12; (2) Podiatrists at COMAR 10.40.03; or (3) Dentists at COMAR…

.04 Dispensing Requirements. A. A licensee shall submit an application to the appropriate Board on the form that the Board requires. B. A licensee may not dispense prescription drugs until a written permit is received from the appropriate Board, except that a written permit is no…

.05 Inspection Requirements. A. The Board of Dental Examiners, the Board of Physicians, and the Board of Podiatric Medical Examiners shall report annually to the Office of Controlled Substances Administration the names and addresses of its licensees who: (1) Are authorized to per…

.06 Failure to Comply with Dispensing Requirements. A licensee who fails to comply with the requirements governing dispensing of prescription drugs shall have the dispensing permit revoked and be subject to disciplinary action by the appropriate licensing board.

.01 Scope. This chapter applies to the purchasing and distribution of prescription drugs and devices by the Department for public health purposes.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Adulterated” means a drug or device where: (a) Any part of the drug or device is filthy, putrid, or a decomposed substance; or (b) The drug or device was produced, prepare…

.03 Personnel. A. The Secretary shall designate one or more Department employee representatives to be responsible for the purchase and distribution of prescription drugs and devices for public health purposes. B. A designated Department representative shall: (1) Be a merit or con…

.04 Storage and Handling. A. Storage Facility. A designated Department representative shall store, hold, or handle prescription drugs and devices in a facility that: (1) Is constructed to facilitate: (a) Cleaning; and (b) Maintenance; (2) Has storage areas designed to provide ade…

.05 Quarantine, Destruction, and Return of Prescription Drugs and Devices. A. A designated Department representative shall quarantine and physically separate prescription drugs and devices that are outdated, damaged, deteriorated, misbranded, or adulterated from other prescriptio…

.06 Record Keeping. A designated Department representative shall: A. Establish and maintain inventories and records of transactions regarding the receipt and distribution or other disposition of prescription drugs and devices; B. Include the following information in the records r…

.01 Scope. This chapter applies to all licensed health care practitioners who may prescribe an opioid overdose reversal drug to an individual who: A. May be at an elevated risk of experiencing an opioid overdose including, but not limited to, an individual who: (1) Is receiving a…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Co–prescribed” means, with respect to an opioid overdose reversal drug, the practice of prescribing the drug in conjunction with an opioid prescription for a patient at an…

.03 General Provisions. A. When determined appropriate by the prescribing licensed health care provider, targeted patient populations may be co-prescribed an opioid overdose reversal drug, if the individual is at an elevated risk of experiencing an opioid overdose by virtue of be…