Maryland Administrative Code

.07 Testing Requirements for Pregnant Women Receiving Prenatal Care. A. As part of a health care provider’s patient acceptance procedures or protocol, a health care provider shall give a pregnant woman information on being tested for the presence of HIV as part of the woman’s pre…

.08 Consent and Pretest Requirements for HIV Testing in Nonclinical Settings. A. For HIV tests administered in nonclinical settings, as permitted in Regulations .03 and .04 of this chapter, the individual administering the HIV test shall: (1) Utilize the HIV informed consent form…

.09 Post-Test Requirements for HIV Testing by Health Care Providers. A. If a patient’s HIV test result is negative, the individual providing testing shall provide post-test information to the patient tested that includes: (1) That the HIV test result is negative; and (2) The mean…

.10 Post-Test Requirements for HIV Testing in Nonclinical Settings. A. If a patient’s HIV test result is negative, the individual providing testing shall provide post-test information to the patient tested that includes: (1) That the HIV test result is negative; (2) The meaning o…

.11 Immunity for Health Care Providers Working with Pregnant Women. A health care provider may not be subject to disciplinary action by the professional licensing board that licenses the health care provider for following the requirements for prenatal HIV testing established by t…

.12 Health Care Providers, First Responders, and Public Safety Workers — HIV Exposure. A. Definition. (1) In this regulation, the following term has the meaning indicated. (2) “Infection preventionist or employee health provider” means the designated infectious disease/communicab…

.13 Information on Exposures. A. A hospital where an exposure occurred shall: (1) Maintain a confidential record or incident report for an HIV test conducted under Regulation .12 of this chapter; (2) Adopt procedures for the confidential HIV testing of blood samples or other body…

.01 Scope. This chapter establishes regulations that prohibit the manufacturing, sale, or distribution of child care articles that contain bisphenol-A, also known as BPA.

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Bisphenol-A (BPA)” means an industrial chemical also known as 2,2-bis (4-hydroxyphenyl) propane used primarily in the manufacture of polycarbonate plastic and epoxy resins…

.03 Prohibition of Bisphenol-A in Child Care Articles. On or after January 1, 2012, a person may not manufacture, knowingly sell, or distribute in commerce a child care article containing bisphenol-A.

.04 Requirements on Manufacturers. A. A manufacturer of a child care article shall use a safe and legal alternative to BPA when replacing BPA in a child care article. B. A manufacturer of a child care article may not use in place of BPA a substance determined by the United States…

.05 Violations. A person that violates any of the provisions of Health-General Article, §24-304, Annotated Code of Maryland, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for each violation.

.01 Incorporation by Reference. A. All provisions of 16 Code of Federal Regulations, Parts 1500 and 1505, are incorporated by reference, with the following changes set forth below. B. 1500.3 Definitions. (1) “Act” means the Maryland Hazardous Substance Act, Health-General Article…

.01 Scope and Purpose. A. The Secretary of the Maryland Department of Health recognizes that the public interest requires control over the use of controlled substances in the legitimate manufacturing, distributing, dispensing, storing, and ordering of controlled substances. B. Th…

.02 Incorporation by Reference. In this chapter, 21 CFR §§1300 —1317, as amended, are incorporated by reference.

.03 Definitions. A. Applicability to Chapter. In this chapter, the terms defined in §B of this regulation have the meanings indicated. In addition, and unless otherwise provided in this chapter, the definitions appearing in Criminal Law Article, §5-101, Annotated Code of Maryland…

.04 Registration: Requirements and Qualifications. A. Except for military and federal employees working within the scope of federal employment, a person shall register with the Department and obtain a registration certificate before the person: (1) Manufactures, distributes, disp…

.05 Registration: Application. A. A person shall complete an application to be considered for a registration certificate. B. The applicant shall: (1) Submit a completed application made available by the Department; (2) Except for fee exempt applicants, pay the appropriate fee as …

.06 Registration: Fees. A. An authorized provider or establishment required to obtain and maintain a registration certificate as set forth under this chapter shall pay the appropriate fees as follows: (1) New registration certificate — $120; (2) Renewal registration certificate —…

.07 Registration: Term, Expiration, Renewal, and Reinstatement. A. Term. The Secretary may issue a registration certificate that is valid for not more than 3 years. B. Expiration. (1) A registration certificate expires on the date shown on the certificate. (2) The Secretary shall…

.08 Registration Certificate: Assignment, Transfer, or Termination. A. A registration certificate is not transferable. B. A registration certificate becomes void when the registrant: (1) Dies; (2) Discontinues business or professional practice in the State; or (3) Changes ownersh…

.09 Labeling and Packaging Requirements for Controlled Substances. A registrant shall comply with the provisions of 21 CFR §1302, as amended.

.10 Records and Reports Required of Registrants. A. Pursuant to Criminal Law Article, §5-306, Annotated Code of Maryland, a registrant shall comply with the provisions of 21 CFR §1304, as amended. B. Inventories developed under the Federal Act dated May 1, 1971, and subsequent bi…

.11 Order Forms. A registrant shall comply with the provisions of 21 CFR 1305, as amended.

.12 Prescriptions. A. Persons Entitled to Issue Prescriptions. (1) A prescription for a controlled substance may be issued only by an authorized provider who is: (a) Authorized to prescribe controlled substances in the State of Maryland; and (b) Either registered or exempted from…

.13 Partial Fill of a Prescription. A partial fill of a C-II prescription is permitted if: A. The pharmacist is unable to fill the full quantity of the prescription, pursuant to 21 CFR §1306.13(a); B. The prescription is issued for a patient in a long-term care facility or for a …

.14 Refilling of Prescriptions. A. A prescription for a controlled substance listed in Schedule II may not be refilled. B. A prescription for a controlled substance listed in Schedule III, IV, or V: (1) May not be refilled more than 6 months after the date on which the prescripti…

.15 Physical Security Controls for Registrants. A registrant shall comply with the provisions of 21 CFR §§1301.71—1301.77 as amended.

.16 Controlled Substance Disposal. A. Any registrant in possession of legally obtained controlled substances and desiring or required to dispose of any of these substances may ask the Office of Controlled Substances Administration of the Maryland Department of Health for authorit…

.17 Transfer of Controlled Substances. A. When closing business activities, a registrant shall: (1) Dispose of all controlled dangerous substances in accordance with Regulation .16 of this chapter; and (2) Return the controlled substances registration certificate to the Office of…

.18 Administrative Inspections and Warrants. A. Administrative Inspections. (1) Procedures regarding administrative inspections and warrants pursuant to Criminal Law Article, §§5-305, 5-804, and 5-805, Annotated Code of Maryland, are governed generally by those sections of the An…

.19 Hearings, Enforcement, and Disciplinary Sanctions. A. Authority for Enforcement Proceeding. (1) A hearing may be ordered or granted by the Secretary, at the Secretary’s discretion, to permit any person against whom criminal or civil action is contemplated under the Controlled…

.20 Additional Controlled Substances in Maryland. A. The following substance, also known as a “bath salt”, is added to the Maryland Controlled Dangerous Substances Act, Schedule I of the Criminal Law Article, §5-402, Annotated Code of Maryland: F. 4-Methoxymethcathinone (Methedro…

.01 Scope. A. This chapter establishes regulations that preserve and improve the health, comfort, and environment of the people of the State by protecting the public and employees from involuntary exposure to environmental smoke in indoor areas open to the public, except for thos…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Clean Indoor Air Act of 2007, Health-General Article, Title 24, Subtitle 5, Annotated Code of Maryland. (2) “Cannabis” has the meaning stated in the Alcohol…

.03 Exclusions. This chapter does not apply to: A. Private homes and residences, including a residence used as a business or place of employment, unless being used by a person who is licensed or registered under Family Law Article, Title 5, Subtitle 5, Annotated Code of Maryland,…

.04 Prohibition of Smoking or Vaping. Except as provided in Regulation .03 of this chapter, an individual may not smoke or vape in: A. An indoor area open to the public; B. An indoor place in which a meeting is open to the public in accordance with State Government Article, Title…

.05 Owner Requirements. A. The owner of a bar, club as defined in Regulation .02B of this chapter, restaurant, pub, tavern, retail establishment, theater, concert hall, athletic facility, financial service institution, government building, educational institution, museum, or libr…

.06 Posting of Signs. A. An indoor area open to the public and every public entrance to an indoor area open to the public where smoking or vaping is prohibited under Regulation .05A of this chapter shall display conspicuously a “NO SMOKING OR VAPING” sign that conforms to the req…

.07 Complaints and Investigations. A. A person may register a complaint of a violation of a requirement of this chapter by means of: (1) A written complaint to the health officer in the jurisdiction where the alleged violation took place; or (2) A telephone complaint to the healt…

.08 Enforcement. A. A health officer or the health officer's designee may investigate conditions relative to the enforcement of this chapter. B. The person in charge of an establishment shall permit a health officer or health officer's designee to enter an establishment during it…

.09 Violations and Certification of Correction. A. The health officer or the health officer's designee shall notify the owner of an establishment found in violation of a provision of this chapter or the Act: (1) By certified mail, return receipt requested, bearing a postmark from…

.10 Penalties. A. A person who violates a provision of this chapter is subject to the following penalties: (1) A written reprimand by the Secretary for the first violation; (2) A civil penalty of $100 for a second violation; (3) A civil penalty of $500 for the third violation; an…

.11 Request for Hearing. A. In order to preserve a right to a hearing on a violation and penalty of this chapter, a person shall submit a written request to the Department for a hearing, if a hearing is desired, within 10 days of receipt of the notice of violation and penalty. B.…

.01 Incorporation by Reference. Except for the changes shown in Regulation .02 of this chapter, all provisions of 16 CFR 1602, 1605, 1608, 1609, 1610, 1611, 1615, 1616, and 1632, are incorporated by reference. Cross References 10.19.05.02A

.02 Definitions. A. In the incorporation by reference cited in Regulation .01 of this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Act” means the Maryland Flammable Products Act, Health-General Article, Title 22, Subtitle 4, Annotated Code of M…

.01 Incorporation by Reference of Poison Prevention Packaging Regulations. A. All provisions of 16 Code of Federal Regulations, Part 1700, are incorporated by reference, except for the changes shown in §B of this regulation. B. Definitions (see 16 CFR 1700, §1700.1). (1) “Act” me…