Md. Code, Health Occupations § 18-3A-01 — MD Code / Article gho / Title 18 / Subtitle 3A / Section 18-3A-01
§18–3A–01.
Status: in_force

The Psychology Interjurisdictional Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows:

Article I.

Purpose.

(a) This Compact is based on the following principles:

(1) States license psychologists in order to protect the public through verification of education, training, and experience and ensure accountability for professional practice; and

(2) States have a vested interest in protecting the public’s health and safety through their licensing and regulation of psychologists and that such state regulation will best protect public health and safety.

(b) This Compact is intended to:

(1) Regulate the day–to–day practice of telepsychology (i.e., the provision of psychological services using telecommunication technologies) by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority;

(2) Regulate the temporary in–person, face–to–face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; and

(3) Authorize state psychological regulatory authorities to afford legal recognition, in a manner consistent with the terms of the Compact, to psychologists licensed in another state.

(c) (1) This Compact does not apply when a psychologist is licensed in both the home and receiving states.

(2) This Compact does not apply to permanent, in–person, face–to–face practice but does allow for temporary authorization to practice.

(d) This Compact is designed to achieve the following purposes and objectives:

(1) Increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary, in–person, face–to–face services into a state in which the psychologist is not licensed to practice psychology;

(2) Enhance states’ ability to protect the public’s health and safety, especially client/patient safety;

(3) Encourage the cooperation of compact states in the areas of psychology licensure and regulation;

(4) Facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions, and disciplinary history;

(5) Promote compliance with the laws governing psychological practice in each compact state; and

(6) Invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact state licenses.

Article II.

Definitions.

(a) “Adverse action” means any action taken by a state psychology regulatory authority that finds a violation of a statute or regulation that is identified by the state psychology regulatory authority as discipline and is a matter of public record.

(b) “Association of State and Provincial Psychology Boards” or “ASPPB” means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada.

(c) “Authority to practice interjurisdictional telepsychology” means a licensed psychologist’s authority to practice telepsychology, within the limits authorized under this Compact, in another compact state.

(d) “Bylaws” means the bylaws established by the Commission pursuant to Article X of this Compact for its governance, or for directing and controlling its actions and conduct.

(e) “Client/patient” means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision, and/or consulting services.

(f) “Commissioner” means the voting representative appointed by each state psychology regulatory authority pursuant to Article X of this Compact.

(g) “Compact state” means a state, the District of Columbia, or a territory of the United States that has enacted this Compact and has not withdrawn pursuant to Article XIII(c) of this Compact or been terminated pursuant to Article XII(b) of this Compact.

(h) “Coordinated licensure information system” or “coordinated database” means an integrated process for collecting, storing, and sharing information on psychologists’ licensure and enforcement activities related to psychology licensure laws that is administered by the recognized membership organization composed of state and provincial psychology regulatory authorities.

(i) “Confidentiality” means the principle that data or information is not made available or disclosed to unauthorized persons and/or processes.

(j) “Day” means any part of a day in which psychological work is performed.

(k) “Distant state” means the compact state where a psychologist is physically present (not through the use of telecommunications technologies), to provide temporary in–person, face–to–face psychological services.

(l) “E.Passport” means a certificate issued by ASPPB that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines.

(m) “Executive Board” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

(n) “Home state” means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authorization to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice, the home state is any compact state where the psychologist is licensed.

(o) “Identity history summary” means a summary of information retained by the Federal Bureau of Investigation, or other designee with similar authority, in connection with arrests and, in some instances, federal employment, naturalization, or military service.

(p) “In–person, face–to–face” means interactions in which the psychologist and the client/patient are in the same physical space and that do not include interactions that may occur through the use of telecommunication technologies.

(q) “Interjurisdictional Practice Certificate” or “IPC” means a certificate issued by ASPPB that grants temporary authority to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verification of one’s qualifications for such practice.

(r) “License” means authorization by a state psychology regulatory authority to engage in the independent practice of psychology, which would be unlawful without the authorization.

(s) “Non–compact state” means any state which is not at the time a compact state.

(t) “Psychologist” means an individual licensed for the independent practice of psychology.

(u) “Psychology Interjurisdictional Compact Commission” or “Commission” means the national administration of which all compact states are members.

(v) “Receiving state” means a compact state where the client/patient is physically located when the telepsychological services are delivered.

(w) “Rule” means a written statement by the Commission promulgated pursuant to Article XI of this Compact that is of general applicability, implements, interprets, or prescribes a policy or provision of the Compact, or an organizational, procedural, or practice requirement of the Commission and has the force and effect of statutory law in a compact state, and includes the amendment, repeal, or suspension of an existing rule.

(x) “Significant investigatory information” means:

(1) Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than minor infraction; or

(2) Investigative information that indicates that the psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and/or had an opportunity to respond.

(y) “State” means a state, commonwealth, territory, or possession of the United States or the District of Columbia.

(z) “State psychology regulatory authority” means the board, office, or other agency with the legislative mandate to license and regulate the practice of psychology.

(aa) “Telepsychology” means the provision of psychological services using telecommunication technologies.

(bb) “Temporary authorization to practice” means a licensed psychologist’s authority to conduct temporary in–person, face–to–face practice, within the limits authorized under this Compact, in another compact state.

(cc) “Temporary in–person, face–to–face practice” means where a psychologist is physically present (not through the use of telecommunications technologies), in the distant state to provide for the practice of psychology for 30 days within a calendar year and based on notification in the distant state.

Article III.

Home State Licensure.

(a) The home state shall be a compact state where a psychologist is licensed to practice psychology.

(b) A psychologist may hold one or more compact state licenses at a time. If the psychologist is licensed in more than one compact state, the home state is the compact state where the psychologist is physically present when the services are delivered as authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

(c) Any compact state may require a psychologist not previously licensed in a compact state to obtain and retain a license to be authorized to practice in the compact state under circumstances not authorized by the authority to practice interjurisdictional telepsychology under the terms of this Compact.

(d) Any compact state may require a psychologist to obtain and retain a license to be authorized to practice in a compact state under circumstances not authorized by temporary authorization to practice under the terms of this Compact.

(e) A home state’s license authorizes a psychologist to practice in a receiving state under the authority to practice interjurisdictional telepsychology only if the compact state:

(1) Currently requires the psychologist to hold an active E.Passport;

(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of this Compact; and

(5) Complies with the bylaws and rules of the Commission.

(f) A home state’s license grants temporary authorization to practice to a psychologist in a distant state only if the compact state:

(1) Currently requires the psychologist to hold an active IPC;

(2) Has a mechanism in place for receiving and investigating complaints about licensed individuals;

(3) Notifies the Commission, in compliance with the terms herein, of any adverse action or significant investigatory information regarding a licensed individual;

(4) Requires an identity history summary of all applicants at initial licensure, including the use of the results of fingerprints or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, or other designee with similar authority, no later than 10 years after activation of this Compact; and

(5) Complies with the bylaws and rules of the Commission.

Article IV.

Compact Privilege to Practice Telepsychology.

(a) Compact states shall recognize the right of a psychologist, licensed in a compact state in conformance with Article III of this Compact, to practice telepsychology in other compact states (receiving states) in which the psychologist is not licensed, under the authority to practice interjurisdictional telepsychology as provided in this Compact.

(b) To exercise the authority to practice interjurisdictional telepsychology under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

(i) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees; or

(ii) A foreign college or university deemed to be equivalent to item (1)(i) of this paragraph by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service;

(2) Hold a graduate degree in psychology from a program that meets the following criteria:

(i) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

(ii) The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

(iii) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

(iv) The program must consist of an integrated, organized sequence of study;

(v) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

(vi) The designated director of the program must be a psychologist and a member of the core faculty;

(vii) The program must have an identifiable body of students who are matriculated in that program for a degree;

(viii) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

(ix) The curriculum shall encompass a minimum of three academic years of full–time graduate study for doctoral degree and a minimum of one academic year of full–time graduate study for master’s degree; and

(x) The program includes an acceptable residency as defined by the rules of the Commission;

(3) Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state;

(4) Have no history of adverse action that violates the rules of the Commission;

(5) Have no criminal record history reported on an identity history summary that violates the rules of the Commission;

(6) Possess a current, active E.Passport;

(7) Provide attestations in regard to areas of intended practice, conformity with standards of practice, competence in telepsychology technology, criminal background, and knowledge and adherence to legal requirements in the home and receiving states, and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

(8) Meet other criteria as defined by the rules of the Commission.

(c) The home state maintains authority over the license of any psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology.

(d) A psychologist practicing into a receiving state under the authority to practice interjurisdictional telepsychology will be subject to the receiving state’s scope of practice. A receiving state may, in accordance with that state’s due process law, limit or revoke a psychologist’s authority to practice interjurisdictional telepsychology in the receiving state and may take any other necessary actions under the receiving state’s applicable law to protect the health and safety of the receiving state’s citizens. If a receiving state takes action, the state shall promptly notify the home state and Commission.

(e) If a psychologist’s license in any home state or another compact state, or any authority to practice interjurisdictional telepsychology in any receiving state, is restricted, suspended, or otherwise limited, the E.Passport shall be revoked and therefore the psychologist shall not be eligible to practice telepsychology in a compact state under the authority to practice interjurisdictional telepsychology.

Article V.

Compact Temporary Authorization to Practice.

(a) Compact states shall also recognize the right of a psychologist, licensed in a compact state in conformance with Article III of this Compact, to practice temporarily in other compact states (distant states) in which the psychologist is not licensed, as provided in this Compact.

(b) To exercise the temporary authorization to practice under the terms and provisions of this Compact, a psychologist licensed to practice in a compact state must:

(1) Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded:

(i) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees, or authorized by provincial statute or royal charter to grant doctoral degrees; or

(ii) A foreign college or university deemed to be equivalent to item (1)(i) of this paragraph by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services (NACES) or by a recognized foreign credential evaluation service;

(2) Hold a graduate degree in psychology from a program that meets the following criteria:

(i) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists;

(ii) The psychology program must stand as a recognizable, coherent, organizational entity within the institution;

(iii) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines;

(iv) The program must consist of an integrated, organized sequence of study;

(v) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities;

(vi) The designated director of the program must be a psychologist and a member of the core faculty;

(vii) The program must have an identifiable body of students who are matriculated in that program for a degree;

(viii) The program must include supervised practicum, internship, or field training appropriate to the practice of psychology;

(ix) The curriculum shall encompass a minimum of three academic years of full–time graduate study for doctoral degrees and a minimum of one academic year of full–time graduate study for a master’s degree; and

(x) The program includes an acceptable residency as defined by the rules of the Commission;

(3) Possess a current, full, and unrestricted license to practice psychology in a home state which is a compact state;

(4) Have no history of adverse action that violates the rules of the Commission;

(5) Have no criminal record history that violates the rules of the Commission;

(6) Possess a current, active IPC;

(7) Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the Commission; and

(8) Meet other criteria as defined by the rules of the Commission.

(c) A psychologist practicing into a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state.

(d) A psychologist practicing into a distant state under the temporary authorization to practice will be subject to the distant state’s authority and law. A distant state may, in accordance with that state’s due process law, limit or revoke a psychologist’s temporary authorization to practice in the distant state and may take any other necessary actions under the distant state’s applicable law to protect the health and safety of the distant state’s citizens. If a distant state takes action, the state shall promptly notify the home state and the Commission.

(e) If a psychologist’s license in any home state or another compact state, or any temporary authorization to practice in any distant state, is restricted, suspended, or otherwise limited, the IPC shall be revoked and therefore the psychologist shall not be eligible to practice in a compact state under the temporary authorization to practice.

Article VI.

Conditions of Telepsychology Practice in a Receiving State.

A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules of the Commission, and under the following circumstances:

(1) The psychologist initiates a client/patient contact in a home state via a telecommunications technology with a client/patient in a receiving state; and

(2) Other conditions regarding telepsychology as determined by rules promulgated by the Commission.

Article VII.

Adverse Actions.

(a) A home state shall have the power to impose adverse action against a psychologist’s license issued by the home state. A distant state shall have the power to take adverse action on a psychologist’s temporary authorization to practice within that distant state.

(b) A receiving state may take adverse action on a psychologist’s authority to practice interjurisdictional telepsychology within that receiving state. A home state may take adverse action against a psychologist based on an adverse action taken by a distant state regarding temporary in–person, face–to–face practice.

(c) (1) If a home state takes adverse action against a psychologist’s license, that psychologist’s authority to practice interjurisdictional telepsychology is terminated and the E.Passport is revoked. Furthermore, that psychologist’s temporary authorization to practice is terminated and the IPC is revoked.

(2) All home state disciplinary orders that impose adverse action shall be reported to the Commission in accordance with the rules promulgated by the Commission. A compact state shall report adverse actions in accordance with the rules of the Commission.

(3) In the event discipline is reported on a psychologist, the psychologist will not be eligible for telepsychology or temporary in–person, face–to–face practice in accordance with the rules of the Commission.

(4) Other actions may be imposed as determined by the rules promulgated by the Commission.

(d) A home state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a licensee that occurred in a receiving state as it would if such conduct had occurred by a licensee within the home state. In such cases, the home state’s law shall control in determining any adverse action against a psychologist’s license.

(e) A distant state’s psychology regulatory authority shall investigate and take appropriate action with respect to reported inappropriate conduct engaged in by a psychologist practicing under temporary authorization to practice that occurred in that distant state as it would if such conduct had occurred by a licensee within the home state. In such cases, the distant state’s law shall control in determining any adverse action against a psychologist’s temporary authorization to practice.

(f) Nothing in this Compact shall override a compact state’s decision that a psychologist’s participation in an alternative program may be used in lieu of adverse action and that such participation shall remain non–public if required by the compact state’s law. Compact states must require psychologists who enter any alternative programs to not provide telepsychology services under the authority to practice interjurisdictional telepsychology or provide temporary psychological services under the temporary authorization to practice in any other compact state during the term of the alternative program.

(g) No other judicial or administrative remedies shall be available to a psychologist in the event a compact state imposes an adverse action pursuant to subsection (c) of this article.

Article VIII.

Additional Authorities Invested in a Compact State’s Psychology Regulatory Authority.

(a) In addition to any other powers granted under state law, a compact state’s psychology regulatory authority shall have the authority under this Compact to:

(1) Issue subpoenas, for both hearings and investigations, which require the attendance and testimony of witnesses and the production of evidence. Subpoenas issued by a compact state’s psychology regulatory authority for the attendance and testimony of witnesses, and/or the production of evidence from another compact state shall be enforced in the latter state by any court of competent jurisdiction, according to that court’s practice and procedure in considering subpoenas issued in its own proceedings. The issuing state psychology regulatory authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state where the witnesses and/or evidence are located; and

(2) Issue cease and desist and/or injunctive relief orders to revoke a psychologist’s authority to practice interjurisdictional telepsychology and/or temporary authorization to practice.

(b) During the course of any investigation, a psychologist may not change his/her home state licensure. A home state psychology regulatory authority is authorized to complete any pending investigations of a psychologist and to take any actions appropriate under its law. The home state psychology regulatory authority shall promptly report the conclusions of such investigations to the Commission. Once an investigation has been completed, and pending the outcome of said investigation, the psychologist may change his/her home state licensure. The Commission shall promptly notify the new home state of any such decisions as provided in the rules of the Commission. All information provided to the Commission or distributed by compact states pursuant to the psychologist shall be confidential, filed under seal and used for investigatory or disciplinary matters. The Commission may create additional rules for mandated or discretionary sharing of information by compact states.

Article IX.

Coordinated Licensure Information System.

(a) The Commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all licensees to whom this Compact is applicable in all compact states as defined by the rules of the Commission.

(b) Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform data set to the coordinated database on all licensees as required by the rules of the Commission, including:

(1) Identifying information;

(2) Licensure data;

(3) Significant investigatory information;

(4) Adverse actions against a psychologist’s license;

(5) An indicator that a psychologist’s authority to practice interjurisdictional telepsychology and/or temporary authorization to practice is revoked;

(6) Non–confidential information related to alternative program participation information;

(7) Any denial of application for licensure, and the reasons for such denial; and

(8) Other information which may facilitate the administration of this Compact, as determined by the rules of the Commission.

(c) The coordinated database administrator shall promptly notify all compact states of any adverse action taken against, or significant investigative information on, any licensee in a compact state.

(d) Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information.

(e) Any information submitted to the coordinated database that is subsequently required to be expunged by the law of the compact state reporting the information shall be removed from the coordinated database.

Article X.

Establishment of the Psychology Interjurisdictional Compact Commission.

(a) (1) The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission.

(2) The Commission is a body politic and an instrumentality of the compact states.

(3) Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.

(4) Nothing in this Compact shall be construed to be a waiver of sovereign immunity.

(b) (1) The Commission shall consist of one voting representative appointed by each compact state who shall serve as that state’s commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate shall be empowered to act on behalf of the compact state. This delegate shall be limited to:

(i) An executive director, an executive secretary, or a similar executive;

(ii) A current member of the state psychology regulatory authority of a compact state; or

(iii) A designee empowered with the appropriate delegate authority to act on behalf of the compact state.

(2) Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the Commission shall be filled in accordance with the laws of the compact state in which the vacancy exists.

(3) Each commissioner shall be entitled to one vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners’ participation in meetings by telephone or other means of communication.

(4) The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.

(5) All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Article XI of this Compact.

(6) The Commission may convene in a closed, non–public meeting if the Commission must discuss:

(i) Non–compliance of a compact state with its obligations under this Compact;

(ii) The employment, compensation, discipline or other personnel matters, practices, or procedures related to specific employees, or other matters related to the Commission’s internal personnel practice and procedures;

(iii) Current, threatened, or reasonably anticipated litigation against the Commission;

(iv) Negotiation of contracts for the purchase or sale of goods, services, or real estate;

(v) Accusation against any person of a crime or formally censuring any person;

(vi) Disclosure of trade secrets or commercial or financial information which is privileged or confidential;

(vii) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;

(viii) Disclosure of investigatory records compiled for law enforcement purposes;

(ix) Disclosure of information related to any investigatory reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to this Compact; or

(x) Matters specifically exempted from disclosure by federal and state statute.

(7) If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The Commission shall keep minutes which fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, of any person participating in the meeting, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release only by a majority vote of the Commission or order of a court of competent jurisdiction.

(c) The Commission shall, by a majority vote of the commissioners, prescribe bylaws and/or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this Compact, including but not limited to:

(1) Establishing the fiscal year of the Commission;

(2) Providing reasonable standards and procedures:

(i) for the establishment and meetings of other committees; and

(ii) governing any general or specific delegation of any authority or function of the Commission;

(3) Providing reasonable procedures for calling and conducting meetings of the Commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public’s interest, the privacy of individuals participating in such proceedings, and proprietary information, including trade secrets. The Commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the Commission must make public a copy of the vote to close the meeting revealing the vote of each commissioner with no proxy votes allowed;

(4) Establishing the titles, duties, and authority and reasonable procedures for the election of the officers of the Commission;

(5) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws shall exclusively govern the personnel policies and programs of the Commission;

(6) Promulgating a code of ethics to address permissible and prohibited activities of Commission members and employees;

(7) Providing a mechanism for concluding the operations of the Commission and the equitable disposition of any surplus funds that may exist after the termination of this Compact after the payment and/or reserving of all of its debts and obligations;

(8) Publishing its bylaws in a convenient form and filing a copy thereof and a copy of any amendment thereto, with the appropriate agency or officer in each of the compact states;

(9) Maintaining its financial records in accordance with the bylaws; and

(10) Meeting and taking such actions as are consistent with the provisions of this Compact and the bylaws.

(d) The Commission shall have the following powers:

(1) To promulgate uniform rules to facilitate and coordinate implementation and administration of this Compact. The rules shall have the force and effect of law and shall be binding in all compact states;

(2) To bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law shall not be affected;

(3) To purchase and maintain insurance and bonds;

(4) To borrow, accept, or contract for services of personnel, including, but not limited to, employees of a compact state;

(5) To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of this Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;

(6) To accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and to receive, utilize, and dispose of the same; provided that at all times the Commission shall strive to avoid any appearance of impropriety and/or conflict of interest;

(7) To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve, or use any property, real, personal, or mixed; provided that at all times the Commission shall strive to avoid any appearance of impropriety;

(8) To sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;

(9) To establish a budget and make expenditures;

(10) To borrow money;

(11) To appoint committees, including advisory committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;

(12) To provide and receive information from, and to cooperate with, law enforcement agencies;

(13) To adopt and use an official seal; and

(14) To perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of psychology licensure, temporary in–person, face–to–face practice, and telepsychology practice.

(e) (1) The elected officers shall serve as the Executive Board, which shall have the power to act on behalf of the Commission according to the terms of this Compact.

(2) The Executive Board shall be composed of six members:

(i) Five voting members who are elected from the current membership of the Commission by the Commission; and

(ii) One ex–officio, nonvoting member from the recognized membership organization composed of ASPPB.

(3) The ex–officio member must have served as staff or member on a state psychology regulatory authority and will be selected by ASPPB.

(4) The Commission may remove any member of the Executive Board as provided in the bylaws.

(5) The Executive Board shall meet at least annually.

(6) The Executive Board shall have the following duties and responsibilities:

(i) Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by compact states such as annual dues, and any other applicable fees;

(ii) Ensure administration services for this Compact are appropriately provided, contractual or otherwise;

(iii) Prepare and recommend the budget;

(iv) Maintain financial records on behalf of the Commission;

(v) Monitor member states’ compliance with this Compact and provide compliance reports to the Commission;

(vi) Establish additional committees as necessary; and

(vii) Other duties as provided in rules or bylaws.

(f) (1) The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.

(2) The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.

(3) The Commission may levy on and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission which shall promulgate a rule binding upon all compact states.

(4) The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the compact states, except by and with the authority of the compact state.

(5) The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant and the report of the audit shall be included in and become part of the annual report of the Commission.

(g) (1) The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional, willful, or wanton misconduct of that person.

(2) The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional, willful, or wanton misconduct.

(3) The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that the actual or alleged act, error, or omission did not result from the intentional, willful, or wanton misconduct of that person.

Article XI.

Rulemaking.

(a) The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this article and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.

(b) If a majority of the legislatures of the compact states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt this Compact, then such rule shall have no further force and effect in any compact state.

(c) Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.

(d) Prior to promulgation and adoption of a final rule or rules by the Commission, and at least 60 days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:

(1) On the website of the Commission; and

(2) On the website of each compact state’s psychology regulatory authority or the publication in which each state would otherwise publish proposed rules.

(e) The notice of proposed rulemaking shall include:

(1) The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;

(2) The text of the proposed rule or amendment and the reason for the proposed rule;

(3) A request for comments on the proposed rule from any interested person; and

(4) The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.

(f) Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.

(g) The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:

(1) At least 25 persons who submit comments independently of each other;

(2) A governmental subdivision or agency; or

(3) A duly appointed person in an association that has at least 25 members.

(h) (1) If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing.

(2) All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five business days before the scheduled date of the hearing.

(3) Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.

(4) No transcript of the hearing is required, unless a written request for a transcript is made, in which case the person requesting the transcript shall bear the cost of producing the transcript. A recording may be made in lieu of a transcript under the same terms and conditions as a transcript. This subsection shall not preclude the Commission from making a transcript or recording of the hearing if it so chooses.

(5) Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.

(i) Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.

(j) The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.

(k) If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.

(l) Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in this Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:

(1) Meet an imminent threat to public health, safety, or welfare;

(2) Prevent a loss of Commission or compact state funds;

(3) Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or

(4) Protect public health and safety.

(m) The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing, and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.

Article XII.

Oversight, Dispute Resolution, and Enforcement.

(a) (1) The executive, legislative, and judicial branches of state government in each compact state shall enforce this Compact and take all actions necessary and appropriate to effectuate this Compact’s purposes and intent.

(2) All courts shall take judicial notice of this Compact and the rules in any judicial or administrative proceeding in a compact state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.

(3) The Commission shall be entitled to receive service of process in any such proceeding, and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.

(b) (1) If the Commission determines that a compact state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:

(i) Provide written notice to the defaulting state and other compact states of the nature of the default, the proposed means of remedying the defaults, and/or any other action to be taken by the Commission; and

(ii) Provide remedial training and specific technical assistance regarding the default.

(2) If a state in default fails to remedy the default, the defaulting state may be terminated from this Compact upon an affirmative vote of a majority of the compact states, and all rights, privileges, and benefits conferred by this Compact shall be terminated on the effective date of termination. A remedy of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.

(3) Termination of membership in this Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be submitted by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the compact states.

(4) A compact state which has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations which extend beyond the effective date of termination.

(5) The Commission shall not bear any costs incurred by the state which is found to be in default or which has been terminated from this Compact, unless agreed upon in writing between the Commission and the defaulting state.

(6) The defaulting state may appeal the action of the Commission by petitioning the United States District Court for the State of Georgia or the federal district where the Compact has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(c) (1) Upon request by a compact state, the Commission shall attempt to resolve disputes related to this Compact which arise among compact states and between compact and non–compact states.

(2) The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes that arise before the Commission.

(d) (1) The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.

(2) By majority vote, the Commission may initiate legal action in the United States District Court for the State of Georgia or the federal district where this Compact has its principal office against a compact state in default to enforce compliance with the provisions of this Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.

(3) The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.

Article XIII.

Date of Implementation of the Psychology Interjurisdictional Compact Commission and Associated Rules, Withdrawal, and Amendments.

(a) This Compact shall come into effect on the date on which this Compact is enacted into law in the seventh compact state. The provisions which become effective at that time shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of this Compact.

(b) Any state which joins this Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which this Compact becomes law in that state. Any rule which has been previously adopted by the Commission shall have the full force and effect of law on the day this Compact becomes law in that state.

(c) (1) Any compact state may withdraw from this Compact by enacting a statute repealing the same.

(2) A compact state’s withdrawal shall not take effect until six months after enactment of the repealing statute.

(3) Withdrawal shall not affect the continuing requirement of the withdrawing state’s psychology regulatory authority to comply with the investigative and adverse action reporting requirement of this act prior to the effective date of withdrawal.

(d) Nothing contained in this Compact shall be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non–compact state which does not conflict with the provisions of this Compact.

(e) This Compact may be amended by the compact states. No amendment to this Compact shall become effective and binding upon any compact state until it is enacted into the law of all compact states.

Article XIV.

Construction and Severability.

This Compact shall be liberally construed so as to effectuate the purposes thereof. If this Compact shall be held contrary to the constitution of any state member thereto, this Compact shall remain in full force and effect as to the remaining compact states.
Md. Code, Education § 18-1908 — MD Code / Article ged / Title 18 / Subtitle 19 / Section 18-1908
§18–1908.
Status: in_force

(a) Each fiduciary shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article, as a fiduciary of the Trust.

(b) Unless a fiduciary is bonded, the fiduciary may not exercise custody or control of any assets of the Trust.

(c) A fiduciary may not allow another fiduciary to act in violation of this section.
Md. Code, Health - General § 18-213.2 — MD Code / Article ghg / Title 18 / Subtitle 2 / Section 18-213.2
§18–213.
Status: in_force

§18–213.2.

(a) (1) In this section the following words have the meanings indicated.

(2) (i) “Body fluids” means:

1. Any fluid containing visible blood, semen, or vaginal secretions; or

2. Cerebral spinal fluid, synovial, or amniotic fluid.

(ii) “Body fluids” does not include saliva, stool, nasal secretions, sputum, tears, urine, or vomitus.

(3) “Contact exposure” means as between a decedent and a first responder:

(i) Percutaneous contact with blood or body fluids;

(ii) Mucocutaneous contact with blood or body fluids;

(iii) Open wound, including dermatitis, exudative lesions, or chapped skin, contact with blood or body fluids for a prolonged period; or

(iv) Intact skin contact with large amounts of blood or body fluids for a prolonged period.

(4) “Contagious disease or virus” means:

(i) Human immunodeficiency virus (HIV);

(ii) Meningococcal meningitis;

(iii) Tuberculosis;

(iv) Mononucleosis;

(v) Any form of viral hepatitis, including but not limited to hepatitis A, B, C, D, E, F, and G;

(vi) Diphtheria;

(vii) Plague;

(viii) Hemorrhagic fevers; or

(ix) Rabies.

(5) “Correctional institution” means a place of detention or correctional confinement operated by or for the State or a local government.

(6) (i) “Correctional officer” means a member of a correctional unit who is charged with and actually performs those duties that relate to the investigation, care, custody, control, or supervision of individuals confined to places of incarceration.

(ii) “Correctional officer” includes any sheriff, warden, superintendent, or other individual having the equivalent title.

(7) “First responder” means a:

(i) Firefighter;

(ii) Emergency medical technician;

(iii) Rescue squad member;

(iv) Law enforcement officer;

(v) Correctional officer; or

(vi) Sworn member of the State Fire Marshal’s office.

(8) “Law enforcement officer” means any individual who, in an official capacity, is authorized by law to make arrests and who is a member of one of the following law enforcement agencies:

(i) The Department of State Police;

(ii) The Baltimore City Police Department;

(iii) The police department, bureau, or force of any county;

(iv) The police department, bureau, or force of any incorporated city or town;

(v) The office of the sheriff of any county;

(vi) The police department, bureau, or force of any bicounty agency or constituent institution of the University System of Maryland, Morgan State University, St. Mary’s College, or of any institution under the jurisdiction of the Maryland Higher Education Commission;

(vii) The Maryland Aviation Administration police force of the Department of Transportation, the Maryland Transit Administration police force of the Department of Transportation, the Maryland Transportation Authority police force, and the Maryland Port Administration police force of the Department of Transportation;

(viii) The law enforcement officers of the Department of Natural Resources;

(ix) The Field Enforcement Bureau of the Comptroller’s Office;

(x) The Intelligence and Investigative Division of the Department of Public Safety and Correctional Services; or

(xi) The Maryland Capitol Police of the Department of General Services.

(9) “Medical care facility” means a hospital, or a health care facility of a correctional institution.

(10) “Physician performing a postmortem examination” means any of the following persons who perform a postmortem examination on a decedent:

(i) The Chief Medical Examiner; or

(ii) The Chief Medical Examiner’s designee.

(b) If, while transporting a person to a medical care facility or while acting in the performance of duty, a first responder comes into contact exposure while treating or transporting a person who dies at the scene or while being transported and who is subsequently determined, as a result of information obtained in conjunction with a postmortem examination by the Chief Medical Examiner or a designee of the Chief Medical Examiner to have had a contagious disease or virus at the time of death, the physician performing the postmortem examination shall notify the first responder and the first responder’s employer or the employer’s designee of the first responder’s possible contact exposure to the contagious disease or virus.

(c) The notification required under subsection (b) of this section shall:

(1) Be made within 48 hours of confirmation of the determination that the deceased person had a contagious disease or virus at the time of death;

(2) Include subsequent written confirmation of possible contact exposure to the contagious disease or virus;

(3) Be conducted in a manner that will protect the confidentiality of the deceased person; and

(4) To the extent possible, be conducted in a manner that will protect the confidentiality of the first responder.

(d) The written confirmation required under subsection (c)(2) of this section shall constitute compliance with this section.

(e) A medical care facility or physician performing a postmortem examination acting in good faith to provide notification in accordance with this section is not liable in any cause of action related to a breach of patient confidentiality.

(f) A medical care facility or physician performing a postmortem examination acting in good faith to provide notification in accordance with this section is not liable in any cause of action for:

(1) The failure to give the required notice if the first responder fails to properly initiate the notification procedures developed by the medical care facility and the Chief Medical Examiner under subsection (g) of this section; or

(2) The failure of the employer or the employer’s designee to subsequently notify the first responder of the possible contact exposure to a contagious disease or virus.

(g) (1) The State Fire Marshal, the Chief Medical Examiner, and each fire department, rescue squad company, medical care facility, correctional institution, and law enforcement agency in the State shall develop written procedures for the implementation of this section.

(2) On request, the State Fire Marshal and each fire department, rescue squad company, medical care facility, correctional institution, and law enforcement agency shall make copies of the procedures developed in this subtitle available to employees, employee unions, volunteer associations, and the Secretary.

(h) A person covered under subsection (a)(5), (6), (7), (8), (9), and (10) of this section may not refuse to treat or transport a deceased person because the deceased person was HIV positive at the time of death.
Md. Code, Business Occupations and Professions § 18-502 — MD Code / Article gbo / Title 18 / Subtitle 5 / Section 18-502
§18–502.
Status: in_force

Unless authorized under this title to engage in the business of providing security systems services, a person may not represent to the public, by use of the title “security systems agency” or “security systems technician”, by description of services, methods, or procedures, or otherwise, that the person is authorized to engage in the business of providing security systems services in the State.
Md. Code, Education § 18-605 — MD Code / Article ged / Title 18 / Subtitle 6 / Section 18-605
§18–605.
Status: in_force

(a) There is a Richard W. Collins III Leadership With Honor Scholarship Program.

(b) An individual is eligible for a scholarship under this section if the individual is:

(1) Eligible for in–State tuition;

(2) A member of a Reserve Officer Training Corps (ROTC) program;

(3) A minority student or a student who is a member of another group historically underrepresented in Reserve Officer Training Corps (ROTC) programs; and

(4) A student at a historically black college or university in the State.

(c) The Office shall:

(1) Award at least 25% of its total annual grant money to students at Bowie State University;

(2) Award the remaining amount of its total annual grant money to students at historically black colleges and universities other than Bowie State University;

(3) Determine the amount of each award;

(4) Select the recipient of each award; and

(5) Prioritize students with financial need in selecting recipients of each award.

(d) The Governor shall include in the State budget an annual appropriation of at least $1,000,000 to the Program.

(e) The Office shall adopt procedures or regulations necessary to implement this section.
Md. Code, Health - General § 18-702 — MD Code / Article ghg / Title 18 / Subtitle 7 / Section 18-702
§18–702.
Status: in_force

There is a Center for the Study of the Health Effects of Fire.
Md. Code, Education § 18-2001 — MD Code / Article ged / Title 18 / Subtitle 20 / Section 18-2001
§18–2001.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Office” means the Office of Student Financial Assistance as defined in § 18-101(c) of this title.

(c) “Regular undergraduate program” means an academic program of study in an institution of higher education at or below the baccalaureate level leading to either an associate’s degree or bachelor’s degree.

(d) (1) “Service obligation” means employment in the State in an occupation directly related to the eligible program of study as determined by the Maryland Higher Education Commission.

(2) “Service obligation” does not mean paid student internships, paid fellowships, or volunteer service.
Md. Code, Education § 18-3302 — MD Code / Article ged / Title 18 / Subtitle 33 / Section 18-3302
§18–3302.
Status: in_force

There is a Workforce Development Sequence Scholarship administered by the Office.
Md. Code, Business Regulation § 18-202 — MD Code / Article gbr / Title 18 / Subtitle 2 / Section 18-202
§18–202.
Status: in_force

(a) This section does not apply to the laws that relate to the sale of alcoholic beverages.

(b) Subject to this section and § 3–704 of the Labor and Employment Article, a retail or wholesale establishment may do business on Sunday.

(c) Notwithstanding an agreement to the contrary between a merchant and landlord:

(1) the landlord may not directly or indirectly require the merchant to open the merchant’s place of business on Sunday; and

(2) a landlord may not directly or indirectly cancel or refuse to renew the merchant’s lease because the merchant refuses to open the merchant’s place of business on Sunday.

(d) (1) Except as provided in paragraph (2) of this subsection, a new or used car dealer may not sell, barter, deliver, give away, show, or offer for sale a motor vehicle or certificate of title for a motor vehicle on Sunday.

(2) A vehicle dealer may sell, barter, deliver, give away, show, or offer for sale a motorcycle, as defined in § 11–136 of the Transportation Article, or certificate of title for a motorcycle on Sunday.

(e) The State’s Attorney of Wicomico County may sue in the circuit court for Wicomico County to enjoin a violation of this section.
Md. Code, Education § 18-3303 — MD Code / Article ged / Title 18 / Subtitle 33 / Section 18-3303
§18–3303.
Status: in_force

(a) An individual may apply to the Office for a scholarship under this section if the individual is an eligible student.

(b) An eligible student who receives a Workforce Development Sequence Scholarship under this subtitle may use the award for tuition, mandatory fees, other associated costs of attendance, or costs to participate in a registered apprenticeship program.

(c) The annual amount of a scholarship awarded to an eligible student may not exceed $2,000.

(d) The Governor shall provide in the annual budget an appropriation of at least $1,000,000 to the Commission for the Workforce Development Sequence Scholarship.
Md. Code, Insurance § 18-118 — MD Code / Article gin / Title 18 / Subtitle 1 / Section 18-118
§18–118.
Status: in_force

(a) (1) A carrier may cancel, refuse to renew, or otherwise terminate long-term care insurance only for nonpayment of premiums or material misrepresentation.

(2) A carrier may not cancel a policy of long-term care insurance under this subsection for nonpayment of premiums unless the carrier provides written notice to:

(i) the insured; and

(ii) an individual designated by the insured under subsection (b) of this section to receive notice of cancellation not later than the date on which the carrier sends a second notice of the cancellation.

(b) (1) A carrier may not deliver an individual policy of long-term care insurance to an insured until the carrier has notified the insured of the option to designate in writing one individual in addition to the insured who will receive notice of cancellation of the policy for nonpayment of premiums under subsection (a) of this section.

(2) The insured may change the written designation under this subsection at any time.

(3) The written designation shall be on a form provided by the carrier that states that the insured may:

(i) designate one individual for receipt of notice of cancellation; and

(ii) change the written designation at any time.

(c) (1) Termination of a policy or certificate of long-term care insurance shall be without prejudice to any benefits payable for institutionalization if the institutionalization began while the policy or certificate of long-term care insurance was in effect and continues without interruption after termination.

(2) An extension of benefits beyond the period the policy of long-term care insurance was in effect may be:

(i) limited to the duration of the benefit period, if any, or to payment of the maximum benefits; and

(ii) subject to any policy waiting period and all other applicable provisions of the policy.
Md. Code, Education § 18-28A-04 — MD Code / Article ged / Title 18 / Subtitle 28A / Section 18-28A-04
§18–28A–04.
Status: in_force

Funds for the Program shall be provided on an annual basis in the State budget.
Md. Code, Health - General § 18-9A-02 — MD Code / Article ghg / Title 18 / Subtitle 9A / Section 18-9A-02
§18–9A–02.
Status: in_force

(a) On or before June 1, 2021, the Department, in collaboration with local health departments in the State and the Maryland State Department of Education, shall adopt and implement a 2–year plan to respond to the outbreak of COVID–19.

(b) The plan required under this section shall:

(1) Include measures to enhance public health efforts at the State and local level to monitor, prevent, and mitigate the spread of COVID–19;

(2) (i) Assess the COVID–19 public and private testing infrastructure in place both statewide and in each local jurisdiction;

(ii) Identify and address the unmet needs for COVID–19 testing statewide and in each local jurisdiction, including the number and location of public and private testing providers required to ensure access to testing on demand for all residents of the State;

(iii) Establish specific monthly goals for COVID–19 testing statewide and in each local jurisdiction to ensure access to testing for all residents of the State, including:

1. A goal to achieve the capacity to perform the surveillance testing required to safely reopen and keep open schools, institutions of higher education, workplaces, and other community facilities in the State while minimizing the community spread of COVID–19 in calendar years 2021 and 2022 through a network of public and private testing providers; and

2. For each local jurisdiction, a goal to establish the required number of public or private COVID–19 testing locations to achieve the surveillance testing goal described in item 1 of this item; and

(iv) Estimate the funding required to implement the surveillance testing goal described in item (iii)1 of this item and the extent to which federal funding already received by the State in fiscal year 2021 and federal funding that is provided to the State and received after March 1, 2021, can be used to cover the cost required to achieve that goal;

(3) (i) Assess the contact tracing infrastructure in place for COVID–19 both statewide and in each local jurisdiction;

(ii) Determine the optimal number of contact tracing, case management, care resource coordination, and other personnel per 100,000 residents needed in each jurisdiction to effectively monitor, prevent, and mitigate the spread of COVID–19;

(iii) Identify and address the unmet needs for COVID–19 contact tracing and related outbreak prevention and mitigation efforts both statewide and in each local jurisdiction; and

(iv) 1. Establish goals for identifying, locating, and testing individuals who have been in close contact with individuals who test positive for COVID–19 that are in alignment with Centers for Disease Control and Prevention guidance for effective contact tracing programs; and

2. Include a mechanism for monitoring performance of contact tracing and testing of contacts both statewide and for each local jurisdiction;

(4) Require the Department to assist local jurisdictions that adopt strategies to:

(i) Accelerate access to and the use of at–home collection and point–of–care tests for COVID–19; and

(ii) Incentivize and encourage pharmacies and health care providers, including primary care providers, to provide COVID–19 testing; and

(5) Allow each local jurisdiction to establish and implement a program for COVID–19 contact tracing that is independent from the contact tracing program performed by the State or the entity with whom the State has contracted to perform contact tracing for the State.

(c) The plan required under this section shall have a design that addresses the disproportionate impact of the COVID–19 pandemic on underserved and minority communities in the State.

(d) On or before June 1, 2021, the Department shall submit the plan required under this section to the General Assembly, in accordance with § 2–1257 of the State Government Article.

(e) (1) (i) For fiscal years 2021 and 2022, the Department shall provide $25,000,000 each year in grants to local jurisdictions to expand capacity for COVID–19 testing and contact tracing, or for any other public health purpose related to COVID–19 response for which federal funding is authorized.

(ii) Grant funding provided for COVID–19 response under subparagraph (i) of this paragraph shall be divided between local jurisdictions in proportion to their respective populations.

(iii) The Department shall provide additional grant funding to a local jurisdiction to supplement the grant funding allocated to the local jurisdiction under subparagraphs (i) and (ii) of this paragraph if the Department determines that the initial allocation of grant funding is not sufficient to meet the COVID–19 testing and contact tracing needs of the local jurisdiction.

(iv) A local jurisdiction may use grant funding provided under this subsection to expand COVID–19 testing capacity through direct testing efforts by the health department of the local jurisdiction or by contracting with other entities to provide testing.

(2) (i) For fiscal years 2021 and 2022 and in addition to any funding provided under paragraph (1) of this subsection, the Department shall provide funding to local jurisdictions that elect to establish and implement a program for COVID–19 contact tracing that is independent from the contact tracing program performed by the State or the entity with whom the State has contracted to perform contact tracing for the State.

(ii) The amount of funding provided to a local jurisdiction for COVID–19 contact tracing under subparagraph (i) of this paragraph shall be equivalent to the cost per case amount provided to the entity with whom the State has contracted to perform contact tracing for the State.

(3) (i) For fiscal years 2021 and 2022, the Department shall provide $15,000,000 each year in grants to local jurisdictions to vaccinate residents of the local jurisdiction against COVID–19.

(ii) Grant funding provided for COVID–19 vaccination under this subsection shall be divided between local jurisdictions in proportion to their respective populations.

(iii) The Department shall provide additional grant funding to a local jurisdiction to supplement the grant funding allocated to the local jurisdiction under subparagraphs (i) and (ii) of this paragraph if the Department determines that the initial allocation of grant funding is not sufficient to meet the COVID–19 vaccination needs of the local jurisdiction.

(4) The Department may use only federal funding allocated to the State under the Coronavirus Response and Relief Supplemental Appropriations Act and any other federal legislation enacted in calendar years 2020 through 2022 to provide funding required under this section.

(f) (1) To the extent practicable, the Department shall provide up to $9,000,000 in fiscal year 2021 and $36,000,000 in fiscal year 2022 in grant funding to assisted living programs and home health agencies in calendar year 2021 to cover the cost of COVID–19 testing for residents, patients, and staff.

(2) The Department may use only federal funding allocated to the State under the Coronavirus Response and Relief Supplemental Appropriations Act and any other federal legislation enacted in calendar years 2020 through 2022 to provide funding required under this subsection.
Md. Code, Education § 18-101 — MD Code / Article ged / Title 18 / Subtitle 1 / Section 18-101
§18–101.
Status: in_force

(a) In this title the following words have the meanings indicated.

(b) “Commission” means the Maryland Higher Education Commission.

(c) “Office” means the Office of Student Financial Assistance.

(d) “Secretary” means the Secretary of Higher Education.
Md. Code, Education § 18-303.4 — MD Code / Article ged / Title 18 / Subtitle 3 / Section 18-303.4
§18–303.
Status: in_force

§18–303.4.

(a) (1) Beginning when financial aid information is available each year, but not later than October 1 each year, the Office shall compile and certify lists for the entire State that rank applicants for the Guaranteed Access Grant award by financial need.

(2) Regularly, the Office shall provide to each institution of higher education in the State the lists compiled and certified in accordance with paragraph (1) of this subsection.

(b) (1) Each institution of higher education shall use the lists provided by the Office in accordance with subsection (a) of this section, and the requirements under §§ 18–303 and 18–304 of this subtitle, to determine the applicants who shall be offered a Guaranteed Access Grant award by the institution and the amount of the award.

(2) The institution shall send the financial aid award notification to an applicant to offer the applicant a Guaranteed Access Grant award.

(c) An applicant may accept the offer of a Guaranteed Access Grant award from an institution of higher education.

(d) (1) Each semester, each institution shall submit to the Office a list of the students who were awarded a Guaranteed Access Grant for the semester and the amounts awarded.

(2) The Office shall reimburse each institution for the Guaranteed Access Grant awards on the list submitted in accordance with paragraph (1) of this subsection.

(e) (1) (i) The Office shall compile and certify lists of students who previously received a Guaranteed Access Grant award and are eligible for a renewal award.

(ii) The Office shall provide to each institution of higher education in the State the lists compiled and certified in accordance with subparagraph (i) of this paragraph.

(2) (i) Each institution of higher education shall use the lists provided by the Office in accordance with paragraph (1) of this subsection, and the requirements under §§ 18–303 and 18–304 of this subtitle, to determine the students who shall be offered a Guaranteed Access Grant renewal award by the institution.

(ii) The institution shall send the financial aid award notification to a student to offer the student a Guaranteed Access Grant renewal award.

(3) The Office shall reimburse each institution for the Guaranteed Access Grant renewal awards made in accordance with paragraph (1) of this subsection.

(f) The Office shall adopt regulations to implement this section.
Md. Code, Health - General § 18-708 — MD Code / Article ghg / Title 18 / Subtitle 7 / Section 18-708
§18–708.
Status: in_force

(a) From among its members, the Advisory Council shall elect a chairperson.

(b) The manner of election of the chairperson shall be as the Advisory Council determines.
Md. Code, Education § 18-107 — MD Code / Article ged / Title 18 / Subtitle 1 / Section 18-107
§18–107.
Status: in_force

(a) (1) Each year, money for each student financial assistance program administered by the Office shall be included in the State budget.

(2) Each year, the Governor shall include in the State budget at least 80 percent of the funds appropriated in the prior fiscal year for need–based programs as provided in §§ 18–301, 18–706(f), 18–1401, 18–1501, and 18–2601 of this title.

(b) Except as otherwise provided in this title, money appropriated under this title that is not used by the end of the fiscal year shall be deposited in the Need–based Student Financial Assistance Fund.

(c) (1) In this subsection, “Fund” means the Need–based Student Financial Assistance Fund.

(2) There is a Need–based Student Financial Assistance Fund.

(3) The purpose of the Fund is to allow money appropriated for student financial assistance programs that is not used in a fiscal year to be retained for need–based awards in future fiscal years.

(4) The Commission shall administer the Fund.

(5) (i) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(ii) The State Treasurer shall hold the Fund and the Comptroller shall account for the Fund.

(6) The Fund consists of:

(i) Money distributed to the Fund under subsection (b) of this section; and

(ii) Any other money from any other source accepted for the benefit of the Fund.

(7) (i) The Fund may be used only for making need–based financial assistance awards to students as provided in §§ 18–301, 18–601, 18–604, 18–706(f), 18–1401, 18–14A–01, 18–1501, 18–2507, and 18–2601 of this title.

(ii) The Fund may not be used for administrative expenses.

(8) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(ii) Any investment earnings on the funds in the account shall be paid into the General Fund of the State.

(9) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Education § 18-303 — MD Code / Article ged / Title 18 / Subtitle 3 / Section 18-303
§18–303.
Status: in_force

(a) Subject to subsection (e) of this section, each recipient of a Delegate Howard P. Rawlings Educational Excellence Award shall:

(1) Be accepted for admission in the regular undergraduate program at an eligible institution or be enrolled in a 2–year associate degree program in which the course work is acceptable for transfer credit for an accredited baccalaureate program in an eligible institution;

(2) Except as provided in § 18–303.2 of this subtitle, be a resident of this State;

(3) Demonstrate a definite financial need to:

(i) For an Educational Assistance Grant, the Office; or

(ii) For a Guaranteed Access Grant, the Office or an institution of higher education that complies with § 18–303.3 of this subtitle; and

(4) Accept any other conditions attached to the award.

(b) Except as provided in subsection (c) of this section, each recipient of a Guaranteed Access Grant shall:

(1) Have completed high school or, failing to do so, on the recommendation of the recipient’s high school principal, provide evidence satisfactory to the Office of extenuating circumstances;

(2) Begin college within 6 years of completing high school or, failing to do so, provide evidence satisfactory to the Office of extenuating circumstances;

(3) Be under the age of 26 years at the time of receiving the first award;

(4) Enroll in college as a full–time student;

(5) Subject to subsection (d) of this section, have an annual family income below a poverty index determined by the Commission; and

(6) Satisfy any additional criteria the Commission may establish.

(c) (1) Subject to paragraph (2) of this subsection, an individual who has successfully obtained a high school diploma by examination under § 11–808 of the Labor and Employment Article is exempt from the requirements of subsection (b) of this section.

(2) An individual described under paragraph (1) of this subsection is eligible for a Guaranteed Access Grant if the individual:

(i) Has scored a passing score of at least 145 per module on the diploma by examination;

(ii) Begins college within 6 years of achieving the score described under item (i) of this paragraph or, failing to do so, provides evidence satisfactory to the Office of extenuating circumstances;

(iii) Is under the age of 26 years at the time of receiving the first award;

(iv) Enrolls in college as a full–time student; and

(v) Subject to subsection (d) of this section, has an annual family income below a poverty index determined by the Commission.

(d) (1) To determine the annual family income eligibility of an applicant for a Guaranteed Access Grant, the Office or an institution of higher education that complies with § 18–303.3 of this subtitle may not consider an amount received by the applicant as an earned income credit under § 32 of the Internal Revenue Code.

(2) When awarding a Guaranteed Access Grant to a student who prequalified for the award under subsection (e)(1) or (2) of this section, the Commission shall use the annual family income determination used when the student prequalified.

(e) (1) Except as provided in paragraph (2) of this subsection, a student in grade 7 or grade 8 who applies and qualifies for a Guaranteed Access Grant on the basis of financial need as established by the Commission shall prequalify for a Guaranteed Access Grant to be used at the time of enrollment in an institution of higher education by agreeing in writing, as a secondary and undergraduate student, to:

(i) Satisfy the attendance policy of the applicable school;

(ii) Provide information required by the Commission or the State Board of Education;

(iii) Apply for admission to an institution of higher education during the student’s senior year of high school;

(iv) Complete and file on a timely basis applications for federal student aid for each year that the student plans to enroll in postsecondary education;

(v) Participate in the Next Generation Scholars of Maryland Program established in § 18–303.1 of this subtitle until the student graduates from high school and matriculates at an institution of higher education;

(vi) Maintain a cumulative grade point average of at least 2.5 on a 4.0 scale or its equivalent; and

(vii) Satisfy any other program requirements set by the Office, the Commission, the State Board of Education, or the State Department of Education.

(2) A student in grade 9 or grade 10 shall prequalify for a Guaranteed Access Grant to be used at the time of enrollment in an institution of higher education if the student:

(i) Otherwise meets the conditions of paragraph (1) of this subsection; and

(ii) 1. Is eligible for free or reduced priced meals; or

2. Attends a school that participates in the U.S. Department of Agriculture Community Eligibility Provision and the student is identified by:

A. Direct certification; or

B. Income information provided by the family of the student to the local school system on an alternative form developed by the Department.
Md. Code, State Government § 18-202 — MD Code / Article gsg / Title 18 / Subtitle 2 / Section 18-202
§18–202.
Status: in_force

This subtitle applies only to a notarial act performed on or after October 1, 2020.
Md. Code, Alcoholic Beverages and Cannabis § 18-501 — MD Code / Article gab / Title 18 / Subtitle 5 / Section 18-501
§18–501.
Status: in_force

Title 2, Subtitle 3 (“Wholesaler’s Licenses”) of Division I of this article applies in the county without exception or variation.
Md. Code, Commercial Law § 18-207 — MD Code / Article gcl / Title 18 / Subtitle 2 / Section 18-207
§18–207.
Status: in_force

A person may not ship goods to which he has no title or on which there is a lien or security interest and transfer a negotiable bill of lading for the goods for value:

(1) With intent to defraud; and

(2) Without disclosing his lack of title or the existence of the lien or security interest.
Md. Code, Insurance § 18-109 — MD Code / Article gin / Title 18 / Subtitle 1 / Section 18-109
§18–109.
Status: in_force

(a) Except as provided in subsection (b) of this section, a policy or certificate of long-term care insurance may not be delivered or issued for delivery in the State if the policy or certificate limits or excludes coverage by type of illness, treatment, medical condition, or accident.

(b) A policy or certificate of long–term care insurance may limit or exclude coverage of:

(1) preexisting conditions or diseases;

(2) mental or nervous conditions or diseases other than Alzheimer’s disease;

(3) alcohol or drug addiction;

(4) unless otherwise provided by State or federal law, treatment provided in a government facility;

(5) services provided by a member of the covered individual’s immediate family;

(6) services for which a charge normally is not made in the absence of insurance;

(7) services for which benefits are available under:

(i) Medicare or other governmental programs except Medicaid; or

(ii) a State or federal workers’ compensation, employer’s liability, or occupational disease law; and

(8) illness, treatment, or medical conditions arising out of:

(i) a declared or undeclared war or act of war;

(ii) participation in a felony, riot, or insurrection;

(iii) service in the uniformed services or auxiliary units;

(iv) suicide, attempted suicide, or intentionally self–inflicted injury; or

(v) aviation, if the insured is a passenger who does not pay a fare.

(c) This section does not prohibit:

(1) exclusions and limitations by type of provider; or

(2) limitations by territory.
Md. Code, Alcoholic Beverages and Cannabis § 18-1801 — MD Code / Article gab / Title 18 / Subtitle 18 / Section 18-1801
§18–1801.
Status: in_force

(a) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–402 (“Eligibility for renewal; process”);

(2) § 4–403 (“Renewal application”);

(3) § 4–407 (“Denial of renewal application”);

(4) § 4–408 (“Issuance of renewed licenses”);

(5) § 4–409 (“Multiple licenses”); and

(6) § 4–410 (“Chain store, supermarket, or discount house”).

(b) Section 4–404 (“Filing period for renewal application”) of Division I of this article does not apply in the county and is superseded by § 18–1802 of this subtitle.

(c) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the county:

(1) § 4–405 (“Contents of renewal application”), subject to § 18–1803 of this subtitle; and

(2) § 4–406 (“Protests”), subject to § 18–1804 of this subtitle.
Md. Code, State Government § 18-211 — MD Code / Article gsg / Title 18 / Subtitle 2 / Section 18-211
§18–211.
Status: in_force

(a) A notarial act performed under the authority and in the jurisdiction of a federally recognized Indian tribe has the same effect under the laws of this State as if performed by a notarial officer of this State, if the act performed in the jurisdiction of the tribe is performed by:

(1) a notary public of the tribe;

(2) a judge, clerk, or deputy clerk of a court of the tribe; or

(3) any other individual authorized by the laws of the tribe to perform the notarial act.

(b) The signature and title of an individual performing a notarial act under the authority and in the jurisdiction of a federally recognized Indian tribe are prima facie evidence that:

(1) the signature is genuine; and

(2) the individual holds the designated title.

(c) The signature and title of a notarial officer listed in subsection (a)(1) or (2) of this section conclusively establish the authority of the notarial officer to perform the notarial act.
Md. Code, Health - General § 18-506 — MD Code / Article ghg / Title 18 / Subtitle 5 / Section 18-506
§18–506.
Status: in_force

(a) In this section, “Steering Committee” means the Statewide Steering Committee on Sickle Cell Disease.

(b) There is a Statewide Steering Committee on Sickle Cell Disease.

(c) The Steering Committee shall include representatives from:

(1) Local and national groups that advocate for individuals with sickle cell disease;

(2) Interest and support groups for individuals with sickle cell disease;

(3) Community and consumer groups;

(4) Academic and private clinical settings with knowledge and experience caring for adults with sickle cell disease;

(5) Area hospitals caring for individuals with sickle cell disease; and

(6) Pediatric clinics that care for children with sickle cell disease.

(d) The Steering Committee shall:

(1) Establish institution and community partnerships;

(2) Establish a statewide network of stakeholders who care for individuals with sickle cell disease;

(3) Educate individuals with sickle cell disease, the public, and health care providers about the State options for care of sickle cell disease; and

(4) Identify funding sources for implementing or supporting the actions, studies, policies, regulations, or laws recommended by the Steering Committee, including funding from:

(i) State, federal, and local government sources; and

(ii) Private sources.
Md. Code, Health Occupations § 18-307 — MD Code / Article gho / Title 18 / Subtitle 3 / Section 18-307
§18–307.
Status: in_force

(a) Except as otherwise provided in this section, a license or registration authorizes the licensee or registrant to practice psychology while the license or registration is effective.

(b) An individual licensed by the Board is authorized to use the words “psychological”, “psychologist”, or “psychology” to describe the services the individual provides, for purposes of reimbursement, but not for any other purpose, if:

(1) The individual originally was certified without examination because the individual had at least 25 years of experience as an instructor in psychiatry on the teaching staff of an accredited school of medicine in this State and applied for certification without examination before January 1, 1979; and

(2) When the individual was certified, the Board stipulated that the use of those words by the individual was so limited.
Md. Code, Land Use § 18-404 — MD Code / Article glu / Title 18 / Subtitle 4 / Section 18-404
§18–404.
Status: in_force

(a) (1) On request by the Commission, Montgomery County and Prince George’s County may grant money to the Commission for any of the purposes of Subtitles 2 and 3 of this title.

(2) The Commission shall use the money granted under this subsection in the county making the grant.

(3) (i) Each year, Montgomery County may not grant more than one–half of the county’s share of the State income tax plus one–half the profits of the county dispensary distributed to the county.

(ii) Each year, Prince George’s County may not grant more than one–half of the county’s share of the State income tax.

(b) The governing body of Montgomery County or Prince George’s County may convey, lease, or enter into a contract or agreement with the Commission for use, development, and maintenance by the Commission of county property for the purposes of this division.
Md. Code, Alcoholic Beverages and Cannabis § 18-904 — MD Code / Article gab / Title 18 / Subtitle 9 / Section 18-904
§18–904.
Status: in_force

(a) There is a Class B–R (restaurant) on–sale beer, wine, and liquor license.

(b) The license authorizes the license holder to sell beer, wine, and liquor at retail for consumption on the premises of a restaurant that:

(1) is primarily engaged in the sale of food and nonalcoholic beverages for on–premises consumption; and

(2) contains a dining room with facilities for preparing and serving meals.

(c) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class B beer, wine, and liquor license under § 18–2004(b) of this title.

(d) A license holder may not:

(1) establish an area on the premises of the restaurant that is a bar; or

(2) provide live entertainment.

(e) (1) The annual license fee is $360.

(2) In addition to the annual license fee, a license holder shall yearly pay $200 if the license holder provides outdoor table service.
Md. Code, Business Occupations and Professions § 18-501 — MD Code / Article gbo / Title 18 / Subtitle 5 / Section 18-501
§18–501.
Status: in_force

A person may not engage, attempt to engage, offer to engage, or solicit to engage in a business of providing security systems services in the State unless licensed by the Secretary.
Md. Code, Education § 18-4004 — MD Code / Article ged / Title 18 / Subtitle 40 / Section 18-4004
§18–4004.
Status: in_force

(a) There is a Fallen Transportation Workers Scholarship Fund.

(b) The Commission shall administer the Fund.

(c) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(d) The Fund consists of:

(1) Money appropriated in the State budget to the Fund;

(2) Interest earnings; and

(3) Any other money from any other source accepted by the Commission for the benefit of the Fund.

(e) The Fund may be used only to award scholarships under the Program.

(f) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(g) Expenditures from the Fund may be made only in accordance with the State budget.

(h) The Commission:

(1) May accept any gift or grant from any person for the Fund; and

(2) Shall deposit any gift or grant that it receives for the Program with the State Treasurer.

(i) Funding for the Program shall be as provided in the State budget.
Md. Code, Health Occupations § 18-306 — MD Code / Article gho / Title 18 / Subtitle 3 / Section 18-306
§18–306.
Status: in_force

(a) (1) Except as provided for in paragraph (2) of this subsection, the Board shall issue an electronic license or registration to any applicant who meets the requirements of this title.

(2) On specific request of an applicant, the Board shall print from its website a paper copy of the verification of licensure or registration and send it by first–class mail to the address on the application for the license or registration.

(b) (1) On receipt of the criminal history record information of an applicant for licensure or registration forwarded to the Board in accordance with § 18–302.1 of this subtitle, in determining whether to grant a license or registration, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The circumstances surrounding the crime;

(iii) The length of time that has passed since the crime;

(iv) Subsequent work history;

(v) Employment and character references; and

(vi) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

(2) The Board may not issue a license or registration if the criminal history record information required under § 18–302.1 of this subtitle has not been received.
Md. Code, Health - General § 18-705 — MD Code / Article ghg / Title 18 / Subtitle 7 / Section 18-705
§18–705.
Status: in_force

Information collected by the Center and intended for use in a research project or study is:

(1) Confidential; and

(2) Not discoverable or admissible in evidence in a civil or criminal action to determine:

(i) Cause of death; or

(ii) Liability for injury or death.
Md. Code, Education § 18-19A-05 — MD Code / Article ged / Title 18 / Subtitle 19A / Section 18-19A-05
§18–19A–05.
Status: in_force

(a) (1) The debts, contracts, and obligations of the Plan are not the contracts, debts, or obligations of the State and neither the faith and credit nor taxing power of the State is pledged directly or indirectly or contingently, morally or otherwise, to the payment of the debts, contracts, and obligations.

(2) The State Treasurer cannot directly or indirectly or contingently obligate, morally or otherwise, the State to levy or pledge any form of taxation whatsoever for the debts and obligations of the Plan or to make any appropriation for the payment of the debts and obligations of the Plan.

(b) Neither the State nor any eligible educational institution shall be liable for any losses or shortage of funds in the event that the account holder’s investment account balance is insufficient to meet the tuition requirements of an institution attended by the qualified designated beneficiary.

(c) Money of the Plan may not be considered money of the State or deposited in the State Treasury.

(d) Money of the Plan may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer Prepaid College Trust.

(e) Money of the Plan may not be considered money of or commingled with the Maryland Broker–Dealer College Investment Plan.

(f) Money of the Plan may not be considered money of or commingled with the Maryland ABLE Program.
Md. Code, Alcoholic Beverages and Cannabis § 18-802 — MD Code / Article gab / Title 18 / Subtitle 8 / Section 18-802
§18–802.
Status: in_force

A Class B beer and light wine license may not be issued in the county.
Md. Code, Education § 18-19C-05 — MD Code / Article ged / Title 18 / Subtitle 19C / Section 18-19C-05
§18–19C–05.
Status: in_force

(a) (1) The debts, contracts, and obligations of the Maryland ABLE Program are not the contracts, debts, or obligations of the State, and neither the faith and credit nor taxing power of the State is pledged directly or indirectly or contingently, morally or otherwise, to the payment of the debts, contracts, and obligations.

(2) The State Treasurer may not directly or indirectly or contingently obligate, morally or otherwise, the State to levy or pledge any form of taxation whatsoever for the debts and obligations of the Maryland ABLE Program or to make any appropriation for the payment of the debts and obligations of the Maryland ABLE Program.

(b) The State may not be liable for any losses or shortage of funds in the event that the designated beneficiary’s ABLE account balance is insufficient to meet the designated beneficiary’s qualified disability expenses.

(c) Money of the Maryland ABLE Program may not be considered money of the State or deposited in the State Treasury.

(d) Money of the Maryland ABLE Program may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer Prepaid College Trust.

(e) Money of the Maryland ABLE Program may not be considered money of or commingled with the Maryland Senator Edward J. Kasemeyer College Investment Plan.

(f) Money of the Maryland ABLE Program may not be considered money of or commingled with the Maryland Broker–Dealer College Investment Plan.
Md. Code, Education § 18-1910 — MD Code / Article ged / Title 18 / Subtitle 19 / Section 18-1910
§18–1910.
Status: in_force

(a) (1) The State Treasurer shall issue refunds as specified in this section.

(2) Unless authorized by the State Treasurer or under subsection (b) of this section, a refund may not exceed the amount paid into the Trust by the account holder.

(b) A refund equal to the same benefits as provided by the prepaid contract, minus any amount paid out of the funds of the Trust on behalf of the qualified beneficiary and for reasonable administrative charges, shall be made if the beneficiary:

(1) Is awarded a scholarship or tuition remission that covers benefits provided under the prepaid contract; or

(2) Dies or suffers from a disability which prevents the beneficiary from attending an institution of higher education within the time allowed by this subtitle.

(c) (1) A reduced refund of the contributions made to the Trust, as determined by the State Treasurer, shall be made if:

(i) The beneficiary does not attend an institution of higher education;

(ii) Benefits are not exercised under the contract within a time specified in the contract; or

(iii) The prepaid contract is canceled by the account holder.

(2) The time that a qualified beneficiary spends in active duty as a member of the uniformed services shall be added to the time period allowed to exercise the benefits under a prepaid contract before a termination under paragraph (1) of this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 18-1805 — MD Code / Article gab / Title 18 / Subtitle 18 / Section 18-1805
§18–1805.
Status: in_force

Notwithstanding § 18–1502 of this title, the Board may renew a Class A or Class D beer license, beer and light wine license, or beer, wine, and liquor license originally issued to a holder of an out–of–state alcoholic beverages license.
Md. Code, Business Occupations and Professions § 18-308 — MD Code / Article gbo / Title 18 / Subtitle 3 / Section 18-308
§18–308.
Status: in_force

(a) (1) If the licensee is an individual, the licensee and each security systems technician employed by the licensee shall carry and display the license on demand of any customer or law enforcement officer.

(2) If the licensee is a firm, each firm member and security systems technician employed by the firm shall carry and display a copy of the license on demand of any customer or law enforcement officer.

(b) Each licensee shall record the license with the Secretary of State.

(c) Each licensee shall give the Secretary written notice of any change of address within 10 business days after the change.
Md. Code, Public Utilities § 18-119 — MD Code / Article gpu / Title 18 / Subtitle 1 / Section 18-119
§18–119.
Status: in_force

(a) The Commission may transfer an employee from one department to another.

(b) A transfer may not result in a diminution of an employee’s salary unless:

(1) the employee agrees to the reduced salary; or

(2) the Secretary concurs in the reduction.
Md. Code, Insurance § 18-104 — MD Code / Article gin / Title 18 / Subtitle 1 / Section 18-104
§18–104.
Status: in_force

(a) Each application for long-term care insurance, except applications that are for long-term care insurance that is guaranteed issue, shall contain clear and unambiguous questions to ascertain the health condition of the applicant.

(b) (1) If an application for long-term care insurance asks whether the applicant has had medication prescribed by a physician, the application also shall ask the applicant to list the medication that has been prescribed.

(2) If the carrier knew or should have known that the medication listed under paragraph (1) of this subsection at the time of application was directly related to a medical condition for which coverage would otherwise be denied, the policy or certificate of long-term care insurance may not be rescinded for that condition.
Md. Code, Public Utilities § 18-114 — MD Code / Article gpu / Title 18 / Subtitle 1 / Section 18-114
§18–114.
Status: in_force

Unless otherwise provided by law, the Commission may not approve or pay any compensation for services unless the individual to whom the compensation is paid is an employee.
Md. Code, State Government § 18-204 — MD Code / Article gsg / Title 18 / Subtitle 2 / Section 18-204
§18–204.
Status: in_force

(a) A notarial officer who takes an acknowledgment of a record shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18–206 of this subtitle, that:

(1) the individual appearing before the notarial officer and making the acknowledgment has the identity claimed; and

(2) the signature on the record is the signature of the individual.

(b) A notarial officer who takes a verification on oath or affirmation of a statement shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18–206 of this subtitle, that:

(1) the individual appearing before the notarial officer and making the verification has the identity claimed; and

(2) the signature on the statement verified is the signature of the individual.

(c) A notarial officer who witnesses or attests to a signature shall determine, from personal knowledge or satisfactory evidence of the identity of the individual in accordance with § 18–206 of this subtitle, that the individual appearing before the notarial officer and signing the record has the identity claimed.

(d) A notarial officer who certifies or attests a copy of a record or an item that was copied shall determine that the copy is a full, true, and accurate transcription or reproduction of the record or item.

(e) (1) A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record shall:

(i) reasonably determine whether the electronic record is in a tamper–evident format; and

(ii) personally print or supervise the printing of the electronic record onto paper or other tangible medium.

(2) A notarial officer who certifies that a tangible copy of an electronic record is an accurate copy of the electronic record may not make the certification if the notarial officer has detected a change or an error in an electronic signature or other information in the electronic record.

(f) A notarial officer who makes or notes a protest of a negotiable instrument shall make or note the protest in accordance with § 3–505(b) of the Commercial Law Article.
Md. Code, Alcoholic Beverages and Cannabis § 18-2705 — MD Code / Article gab / Title 18 / Subtitle 27 / Section 18-2705
§18–2705.
Status: in_force

A retail dealer may not sell or provide a go cup to an individual to consume alcoholic beverages off the licensed premises.
Md. Code, Insurance § 18-117.1 — MD Code / Article gin / Title 18 / Subtitle 1 / Section 18-117.1
§18–117.
Status: in_force

§18–117.1.

Each carrier shall provide to each insured under a policy or contract of long–term care insurance in the State an annual notice, in writing or electronically, containing the insured’s policy form number and the carrier’s customer service telephone number.
Md. Code, Education § 18-3005 — MD Code / Article ged / Title 18 / Subtitle 30 / Section 18-3005
§18–3005.
Status: in_force

To qualify for participation in the Program, an individual shall:

(1) (i) 1. Be a student enrolled at a public or private nonprofit institution of higher education in the State that possesses a certificate of approval from the Commission; and

2. Maintain a cumulative 2.5 grade point average on a 4.0 scale each academic year;

(ii) 1. Within 12 months before the date of application for the Program, have graduated from a public or private nonprofit institution of higher education in the State that possesses a certificate of approval from the Commission; and

2. Have maintained a cumulative 2.5 grade point average on a 4.0 scale during the latest academic year the individual was enrolled as a student;

(iii) 1. Be a student enrolled at a public or private nonprofit institution of higher education outside the State, if the student graduated from a high school in the State; and

2. Maintain a cumulative 2.5 grade point average on a 4.0 scale each academic year; or

(iv) 1. Have been honorably discharged from the uniformed services or a reserve component within 18 months of the date of application;

2. Be a resident of Maryland; and

3. Have graduated from a public or private nonprofit institution of higher education;

(2) Commit to working a minimum of 120 hours during a spring, fall, or summer semester;

(3) Attend an orientation session provided or approved by UMBC; and

(4) Meet any other criteria established by UMBC.
Md. Code, Insurance § 18-103 — MD Code / Article gin / Title 18 / Subtitle 1 / Section 18-103
§18–103.
Status: in_force

(a) A carrier may not advertise, market, or offer a policy, contract, or certificate in the State as long-term care insurance or long-term nursing home insurance unless the policy or contract complies with this title.

(b) (1) Before a carrier advertises, on television or radio or in writing, a policy or contract of long-term care insurance or long-term nursing home insurance that is offered for sale in the State, the carrier shall submit a copy of the advertisement to the Commissioner for review.

(2) The carrier shall retain each advertisement for 3 years after the date the advertisement first was used.

(3) The Commissioner may exempt a carrier or a carrier’s advertising form or material from the requirements of this section if in the opinion of the Commissioner the requirements may not reasonably be applied.

(c) A carrier that markets long-term care insurance in the State shall:

(1) establish marketing procedures to ensure that any comparison of policies by insurance producers of the carrier will be fair and accurate;

(2) establish marketing procedures to prevent the sale or issuance of excessive insurance;

(3) establish procedures for verifying compliance with this subsection;

(4) provide, to the extent possible, information on any senior citizen counseling program;

(5) display prominently on the first page of the outline of coverage and the policy the following:

“Notice to buyer: This policy may not cover all the costs associated with long-term care incurred by the buyer during the period of coverage. The buyer is advised to review carefully all policy limitations.”; and

(6) make every reasonable effort to identify whether a prospective applicant:

(i) already has long-term care insurance and, if so, the types and amounts of the long-term care insurance;

(ii) had long-term care insurance in force during the last 12 months;

(iii) is covered under the medical assistance program; or

(iv) intends to replace any existing medical or health insurance coverage with long-term care insurance.

(d) An insurance producer who offers or sells policies or contracts of long–term care insurance in the State shall:

(1) advise an individual considering the purchase of a long–term care insurance policy or contract about the availability and benefits of a policy that qualifies under the Qualified State Long–Term Care Insurance Partnership established under Title 15, Subtitle 4 of the Health – General Article;

(2) provide a disclosure statement, approved by the Commissioner, to each applicant for long–term care insurance about the Qualified State Long–Term Care Insurance Partnership; and

(3) make the disclosure statement required under item (2) of this subsection available to the Commissioner for inspection.
Md. Code, Education § 18-4103 — MD Code / Article ged / Title 18 / Subtitle 41 / Section 18-4103
§18–4103.
Status: in_force

Loan assistance under the Program shall be in the amount and on the terms and conditions established by the county.
Md. Code, Housing and Community Development § 18-104 — MD Code / Article ghs / Title 18 / Subtitle 1 / Section 18-104
§18–104.
Status: in_force

(a) This section does not apply if its application would disqualify the State or a county from receiving federal money.

(b) (1) The Board of County Commissioners shall:

(i) adopt policies, regulations, or amendments that are necessary to implement:

1. federally or State assisted housing programs; and

2. locally funded housing programs undertaken in accordance with this Division II;

(ii) review and approve each housing project that the Queen Anne’s Authority proposes before the housing project is started; and

(iii) establish maximum income limits for persons of eligible income.

(2) For special housing projects, the Board of County Commissioners may establish exceptions to the maximum income limits for persons of eligible income.
Md. Code, Education § 18-19A-06.1 — MD Code / Article ged / Title 18 / Subtitle 19A / Section 18-19A-06.1
§18–19A–06.
Status: in_force

§18–19A–06.1.

(a) In this section, “person” does not include the State.

(b) A person may not attach, execute, garnish, or otherwise seize any current or future benefit under an investment account or any asset of the Plan.
Md. Code, Public Utilities § 18-205 — MD Code / Article gpu / Title 18 / Subtitle 2 / Section 18-205
§18–205.
Status: in_force

(a) The labor relations administrator shall conduct an election for an exclusive representative after:

(1) an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit support representation by an exclusive representative for collective bargaining; or

(2) an employee or an employee organization demonstrates, by petition, that at least 30% of the eligible employees in a bargaining unit no longer support the current exclusive representative.

(b) (1) At least 45 days before an election, the labor relations administrator shall provide, and the Commission shall post in conspicuous places in the Commission’s facilities, a notice of the upcoming election.

(2) The notice shall contain:

(i) the date, time, and place of the election;

(ii) a description of which employees are eligible to vote in the election;

(iii) notification that a list of the names and home addresses of employees eligible to vote will be provided to the participating employee organizations;

(iv) instructions on how employees can remove their addresses from the list in accordance with subsection (c)(2) of this section; and

(v) any other information that, in the judgment of the labor relations administrator, is appropriate to convey to Commission employees.

(c) (1) At least 45 days before an election, the labor relations administrator shall obtain from the Commission the eligible employee voting list, which includes the names and home addresses of every employee in the bargaining unit.

(2) Commission employees may have their addresses removed from the eligible employee voting list by individually notifying the labor relations administrator in writing within 15 days after the posting of the notice required in subsection (b) of this section.

(3) After the 15–day period, the labor relations administrator shall provide the redacted eligible employee voting list to the employee organization.

(4) The provision of the eligible employee voting list under this subsection by the Commission, the labor relations administrator, or a Commission official, employee, or other agent does not constitute a violation of § 4–331 of the General Provisions Article or any State or local law, regulation, or ordinance.

(d) Elections shall be conducted by secret ballot containing:

(1) the name of each employee organization that submits a valid petition requiring an election;

(2) the name of any other employee organization supported by a petition signed by at least 10% of the eligible employees in the bargaining unit; and

(3) an option for no representation.

(e) (1) If none of the choices on the ballot receives a majority of the votes cast, the labor relations administrator shall hold a runoff election.

(2) In the runoff election, the ballot shall contain the two choices that received the highest number of votes in the initial election.

(f) After the election, the labor relations administrator shall certify an employee organization that received a majority of the votes cast as the exclusive representative.

(g) The Commission and the employee organization or organizations shall share equally the costs of the election.

(h) (1) Elections may not be conducted:

(i) within 1 year after the date of a valid initial election under this section; or

(ii) except as provided in paragraph (2) of this subsection, during the term of a collective bargaining agreement.

(2) During the term of a collective bargaining agreement, a petition for an election may be filed only during November of the fiscal year in which the agreement expires.
Md. Code, Alcoholic Beverages and Cannabis § 18-102 — MD Code / Article gab / Title 18 / Subtitle 1 / Section 18-102
§18–102.
Status: in_force

This title applies only in Charles County.
Md. Code, Commercial Law § 18-202 — MD Code / Article gcl / Title 18 / Subtitle 2 / Section 18-202
§18–202.
Status: in_force

An officer, agent, or employee of a carrier may not issue or aid in issuing a duplicate or additional negotiable bill of lading for any goods in violation of § 7-402 of this article:

(1) With intent to defraud; and

(2) With knowledge that the original bill of lading for the goods is outstanding and uncancelled.
Md. Code, Health - General § 18-109 — MD Code / Article ghg / Title 18 / Subtitle 1 / Section 18-109
§18–109.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Authorized user” means:

(i) A child care facility;

(ii) A health care provider;

(iii) A health insurer;

(iv) A health maintenance organization;

(v) An institution of higher learning;

(vi) A local health department;

(vii) A long–term care facility;

(viii) A managed care organization;

(ix) A nonprofit health service plan;

(x) A patient;

(xi) A school;

(xii) A school–based health center;

(xiii) In the case of a minor child, a parent or guardian; and

(xiv) Any other user designated by the Secretary.

(3) “Health care provider” means a licensed health care practitioner authorized under the Health Occupations Article to administer vaccines in the State.

(4) “ImmuNet” means a computerized information and reminder system to:

(i) Improve the timely and appropriate delivery of immunizations;

(ii) Provide a coordinated network for reminder notices when immunizations are due;

(iii) Provide and collect information to be shared by authorized users; and

(iv) Provide a quality indicator for the insurers’ health care provider practices and public health purposes.

(5) “Immunization” means the process by which an individual becomes protected against a disease including, as the result of having a disease, receiving a vaccination, or receiving preformed antibodies.

(6) “Refusal to permit” means the right of an individual or the parent or guardian of a minor to prevent disclosure to authorized users of individual identifiable information that was reported to ImmuNet.

(7) “Vaccination” means the administration of a killed or weakened infectious organism to prevent disease caused by that organism.

(8) “Vaccine” means a substance that:

(i) May be administered by injection, mouth, or aerosol; and

(ii) Produces immunity that protects the body from a disease.

(b) There is an ImmuNet program in the Department.

(c) Subject to subsection (d) of this section, an authorized user may use the information in ImmuNet for the following purposes:

(1) To provide coordinated immunization services, including sending reminder notices to individuals who need immunizations;

(2) To obtain an individual immunization history;

(3) To identify geographic areas or population groups that are underimmunized;

(4) To compile aggregate data and distribute statistical reports on the status of immunizations in geographic areas and population groups;

(5) To assist in the management of State and local immunization programs;

(6) To monitor the safety of vaccines;

(7) To assess compliance with immunization requirements by monitoring admissions to schools, institutions of higher learning, and child care facilities; and

(8) For any other purpose that the Secretary deems necessary to prevent the spread of communicable diseases.

(d) (1) An individual, or the parent or guardian of a minor child who has received a vaccination, may refuse to permit disclosure of confidential information collected by ImmuNet, to an authorized user.

(2) If the individual or the parent or guardian of a minor child does not want the release of the individual’s or child’s confidential information, the individual or the parent or guardian of a minor child shall complete a “refusal to permit” form, provided by the Department, to be returned to the Department.

(3) The Secretary shall make available “refusal to permit” forms to each health care provider who gives vaccinations.

(4) The Department shall:

(i) Develop brochures about ImmuNet that:

1. Describe the benefits of ImmuNet for authorized users;

2. Describe privacy protections in ImmuNet;

3. Notify an individual of the right to refuse to permit disclosure to an authorized user;

4. Notify an individual that the individual may correct any inaccurate information;

5. Provide a list of addresses where an individual may obtain a form to request the correction or removal of inaccurate information from ImmuNet;

6. Explain the right of an individual who has received a vaccination to have the individual’s personal information kept confidential;

7. Describe the kind of information collected and retained by ImmuNet about an individual who receives a vaccination;

8. Describe who has access to the information in ImmuNet; and

9. Describe how the information is used by ImmuNet; and

(ii) Make the brochure available to each health care provider who administers vaccines.

(5) Prior to administering vaccines to a newborn child, each birth hospital or birthing center shall distribute the form and the brochure described in paragraphs (2) and (4) of this subsection to the parent of a newborn child.

(6) A health care provider who administers a vaccine, or the agent of the health care provider, shall:

(i) Provide the individual with a copy of the form and the brochure described in paragraphs (2) and (4) of this subsection;

(ii) Notify the individual or the parent or guardian of a minor of the right to refuse to disclose to ImmuNet; and

(iii) Report to ImmuNet all vaccines administered.

(e) Subject to the provisions of subsection (d) of this section, information for ImmuNet may be obtained from:

(1) Any records owned or controlled by the Department, including Medicaid records, clinic records, and vital records;

(2) Any authorized user; and

(3) Any other source of information authorized by the Secretary for use.

(f) Authorized users may not use the information in ImmuNet:

(1) To release or disclose information in ImmuNet that an individual has refused to disclose;

(2) To solicit new patients or clients; or

(3) For any other purpose unless authorized by the Secretary.

(g) (1) A local health department may operate a local immunization system.

(2) A local health department operating a local immunization system shall be subject to the provisions of subsections (c) through (f) of this section.

(3) A local health department is required to submit information maintained in a local immunization system to ImmuNet in accordance with regulations adopted by the Secretary.

(h) An authorized user who in good faith discloses or does not disclose information to ImmuNet is not liable in any cause of action arising from the disclosure or nondisclosure of that information.

(i) An authorized user, including an officer or employee of a governmental unit, who knowingly and willfully violates subsection (f) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent offense.

(j) If the confidentiality of records of Maryland citizens is protected, the Secretary may enter into collaborative agreements with other states for the purpose of sharing information about immunizations.

(k) The Secretary shall adopt regulations to implement this section, including regulations specifying:

(1) The type and kind of information to be collected;

(2) Procedures for protecting the confidentiality of information in ImmuNet;

(3) The permissible use of information compiled by ImmuNet; and

(4) Standards for maintaining security and reliability of collected information in the system.
Md. Code, State Government § 18-227 — MD Code / Article gsg / Title 18 / Subtitle 2 / Section 18-227
§18–227.
Status: in_force

This subtitle may be cited as the Maryland Revised Uniform Law on Notarial Acts.
Md. Code, Alcoholic Beverages and Cannabis § 18-1409 — MD Code / Article gab / Title 18 / Subtitle 14 / Section 18-1409
§18–1409.
Status: in_force

(a) The Board shall charge an application fee for a new license that is:

(1) $200, in addition to any other fee required for a license; and

(2) nonrefundable, whether the application is approved or denied.

(b) The Board shall use the application fee to pay its expenses to process the application.
Md. Code, Health Occupations § 18-206 — MD Code / Article gho / Title 18 / Subtitle 2 / Section 18-206
§18–206.
Status: in_force

(a) In addition to the powers set forth elsewhere in this title, the Board may adopt rules and regulations to carry out the provisions of this title.

(b) In addition to the duties set forth elsewhere in this title, the Board shall:

(1) Establish procedures for receiving and investigating complaints, including:

(i) Providing notice to the licensee or registrant that a complaint has been filed against the licensee or registrant and forwarding a copy of the complaint to the licensee or registrant within 120 days of receipt of the complaint, unless the Board:

1. Makes an affirmative determination that the disclosure would prejudice the investigation of the complaint and notifies the licensee or registrant of the determination; or

2. Disposes of the complaint within 120 days of the date of receipt of the complaint; and

(ii) Notifying, at least every 3 months, the licensee or registrant and the complainant as to the status of any outstanding complaint;

(2) Submit an annual report of its activities to the Secretary as soon as practicable after the end of each fiscal year; and

(3) Adopt an official seal.
Md. Code, Public Utilities § 18-104 — MD Code / Article gpu / Title 18 / Subtitle 1 / Section 18-104
§18–104.
Status: in_force

The Commission:

(1) may employ personnel and make expenditures necessary to carry out the purposes of this subtitle; and

(2) shall reimburse the State for any reasonable cost incurred by the Department of Budget and Management in carrying out the functions under this subtitle.
Md. Code, Transportation § 18-101 — MD Code / Article gtr / Title 18 / Subtitle 1 / Section 18-101
§18–101.
Status: in_force

(a) In this title, “rent” means to rent or lease for a period not exceeding 180 days.

(b) This title does not apply to peer–to–peer car sharing of a shared motor vehicle made available on a peer–to–peer car sharing program, as defined under § 19–520 of the Insurance Article, and that is subject to Title 18.5 of this article.
Md. Code, State Government § 18-221 — MD Code / Article gsg / Title 18 / Subtitle 2 / Section 18-221
§18–221.
Status: in_force

(a) Except as provided in § 18–203(b) of this subtitle, the failure of a notarial officer to perform a duty or meet a requirement specified in this subtitle does not invalidate a notarial act performed by the notarial officer.

(b) The validity of a notarial act under this subtitle does not prevent an aggrieved person from seeking:

(1) to invalidate the record or transaction that is the subject of the notarial act under another law; or

(2) other remedies allowed under federal or State law.

(c) This section does not validate a purported notarial act performed by an individual who does not have the authority to perform notarial acts.
Md. Code, Education § 18-303.1 — MD Code / Article ged / Title 18 / Subtitle 3 / Section 18-303.1
§18–303.
Status: in_force

§18–303.1.

(a) (1) In this section the following words have the meanings indicated.

(2) “Fund” means the Next Generation Scholars of Maryland Program Fund.

(3) “Program” means the Next Generation Scholars of Maryland Program.

(b) The Commission, in collaboration with the Department, county boards of education, county superintendents, and institutions of higher education, shall administer the Next Generation Scholars of Maryland Program.

(c) The Program shall provide guidance and services to students who qualify for a Guaranteed Access Grant in accordance with § 18–303(e) of this subtitle and students who qualify to receive free or reduced–price lunch under the National School Lunch Program to assist the students in successfully:

(1) Completing a college preparatory curriculum;

(2) Graduating from high school;

(3) Matriculating at an institution of higher education as defined in § 18–303 of this subtitle; and

(4) Making timely progress to complete a degree program.

(d) (1) The Commission shall:

(i) In collaboration with the Department, publicize the Program through community outreach and marketing materials, including posting lists of the nonprofit organizations selected to provide services and the local school systems and cities in which the Program is located;

(ii) Award grants to nonprofit organizations to administer the Program;

(iii) Solicit applications from nonprofit organizations to administer the Program in local school systems; and

(iv) Give priority to applications:

1. From Maryland–based nonprofit organizations; and

2. That include business and institution of higher education partners.

(2) The Department shall assist the Commission with the review of applications and the selection of nonprofit organizations to administer the Program in local school systems.

(3) The Program may continue to provide services to students:

(i) When they attend an institution of higher education; or

(ii) Who have participated in the Program for at least 1 full year and relocate to another county in the State that does not participate in the Program.

(e) In accordance with subsection (c) of this section, the services to be provided to students participating in the Program shall include:

(1) A high school graduation plan;

(2) Summer work or internship opportunities;

(3) Financial aid literacy assistance, including informing students of available sources of financial aid and how to leverage federal, State, and institutional aid at specified institutions to make higher education affordable;

(4) Career interest assessments;

(5) Mentorship and one–on–one counseling;

(6) Visits to college campuses and workplaces;

(7) An intensive summer bridge or matriculation assistance program for students entering an institution of higher education directly from high school; and

(8) A plan to matriculate and graduate from an institution of higher education.

(f) A nonprofit organization that receives a grant to provide the guidance and services required under subsection (e) of this section may utilize:

(1) Postsecondary students receiving work–study assistance at Maryland institutions of higher education; and

(2) Secondary students in 11th and 12th grades who are successfully completing high school graduation requirements.

(g) (1) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $5,000,000 to the Program.

(2) The Commission shall distribute grants to nonprofit organizations that:

(i) Are selected in accordance with subsection (d) of this section; and

(ii) Will administer the Program in local school systems in which at least 50% of the students as a percentage of full–time equivalent students as defined in § 5–201 of this article are eligible to receive a free lunch under the National School Lunch Program in the 2015–2016 school year, as identified by the Department.

(h) (1) There is a Next Generation Scholars of Maryland Program Fund.

(2) The purpose of the Fund is to provide funds for the administration of the Program.

(3) The Commission shall administer the Fund.

(4) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(5) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(6) The Fund consists of:

(i) Money appropriated in the State budget for the Program;

(ii) Interest earnings of the Fund; and

(iii) Any other money from any other source accepted for the benefit of the Fund.

(7) The Fund may be used only for administering the Program.

(8) (i) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(ii) Any interest earnings of the Fund shall be credited to the Fund.

(9) Expenditures from the Fund may be made only in accordance with the State budget.

(i) The Commission may adopt regulations necessary to implement this section.

(j) On or before December 1, 2020, and each December 1 thereafter, the Commission and the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, on the implementation of the Program, including:

(1) The number of students from each local school system who were prequalified for the Guaranteed Access Grant during each year of the Program;

(2) The race, disability status, and English language learner status of each participating student who prequalified for the Guaranteed Access Grant each year of the Program;

(3) The progress of each participating student through the Program, including high school graduation, institution of higher education matriculation and retention rates, and, if applicable, institution of higher education graduation rates;

(4) The potential for allocating additional funds for longitudinal data collection of the number of students matriculating to institutions of higher education each year, the number of students receiving retention services each year, and postsecondary outcomes for those two categories of students;

(5) The amount and quality of services provided by nonprofit organizations to participating students, including the use of college work–study students and high school students as mentors and counselors;

(6) The nonprofit organizations that received grants under the Program, including any other entities that provided services such as institutions of higher education, the business community, and local schools or local school systems;

(7) The amount of financial aid, in addition to the Guaranteed Access Grant, that participating students received each year that the students were enrolled in an institution of higher education; and

(8) Findings and recommendations on the success of the Program and whether funding for the Program should be continued or expanded.
Md. Code, Education § 18-2006 — MD Code / Article ged / Title 18 / Subtitle 20 / Section 18-2006
§18–2006.
Status: in_force

On or before May 1 of each year, the Office shall send each Senator and each Delegate a list of individuals in each legislative district to whom Maryland Science and Technology Scholarships are awarded.
Md. Code, Land Use § 18-107 — MD Code / Article glu / Title 18 / Subtitle 1 / Section 18-107
§18–107.
Status: in_force

(a) Within 3 calendar days after approval of the budgets, each county council shall submit the budgets to the respective county executive.

(b) Within 10 days after delivery of the budgets by the county council, the county executive may disapprove or reduce any item contained in the budgets or the planning work program.

(c) If the county executive disapproves or reduces any item in the budgets, the county executive shall return the budgets to the respective county council with the reasons for the county executive’s disapproval or reduction stated in writing.

(d) (1) Except as provided in paragraph (2) of this subsection, within 30 days after the respective county executive returns the budgets, each county council may, by affirmative vote of six of its members, reapprove or restore any item over the disapproval of the county executive.

(2) In Montgomery County, within 30 days after the county executive returns the budgets, the county council may, by affirmative vote of eight of its members, reapprove or restore any item over the disapproval of the county executive.
Md. Code, Alcoholic Beverages and Cannabis § 18-2004 — MD Code / Article gab / Title 18 / Subtitle 20 / Section 18-2004
§18–2004.
Status: in_force

(a) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor for off–premises consumption:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(b) A holder of a Class B–BLX (luxury restaurant), B–H (hotel), B–N (nightclub), B–R (restaurant), B–RB (restaurant/bar), or B–T (tavern) beer, wine, and liquor license may sell beer, wine, and liquor:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(c) A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(d) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(e) (1) The part of a premises where alcoholic beverages are sold or displayed may be open only during the hours of sale for alcoholic beverages set out in subsections (a) through (d) of this section.

(2) A license holder with an on–sale license shall remove all bottles and containers from the table on or before the closing time set out in subsections (a) through (d) of this section.

(f) A license holder may sell nonalcoholic items:

(1) on Monday through Saturday, from 5 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(g) A person that violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment or a fine not exceeding $250 or both.
Md. Code, Health - General § 18-908 — MD Code / Article ghg / Title 18 / Subtitle 9 / Section 18-908
§18–908.
Status: in_force

(a) On or before December 31, 2002, the Secretary shall submit a report to the Governor and to the General Assembly in accordance with § 2–1257 of the State Government Article regarding any plans, procedures, or protocols developed under this subtitle or any recommendations for additional legislation that may be necessary to respond to a catastrophic health emergency.

(b) The Secretary shall update the report required under subsection (a) of this section every 3 years or when any plan, procedure, or protocol developed under this subtitle or any other provision of this subtitle is used in order to detect a catastrophic health emergency.
Md. Code, Land Use § 18-210 — MD Code / Article glu / Title 18 / Subtitle 2 / Section 18-210
§18–210.
Status: in_force

The principal amount of bonds issued under this title, the interest on the bonds, transfer of the bonds, and any income derived from the bonds, including any profit from the sale or transfer of the bonds, are exempt from State and local taxes.
Md. Code, Health Occupations § 18-205 — MD Code / Article gho / Title 18 / Subtitle 2 / Section 18-205
§18–205.
Status: in_force

A person shall have the immunity from liability described under § 5-717 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Md. Code, Education § 18-302 — MD Code / Article ged / Title 18 / Subtitle 3 / Section 18-302
§18–302.
Status: in_force

The Office of Student Financial Assistance shall publicize the availability of Delegate Howard P. Rawlings Educational Excellence Awards.
Md. Code, Land Use § 18-103 — MD Code / Article glu / Title 18 / Subtitle 1 / Section 18-103
§18–103.
Status: in_force

The budgets shall contain:

(1) separately for each county for which items are allocable and for which a tax is imposed, the proposed expenditures and estimates of anticipated revenue;

(2) a complete planning work program for each county in the regional district, including a schedule for the production of all plans and amendments;

(3) items allocable jointly to both counties, including provisions for:

(i) the operation of the units of the Commission established by law; and

(ii) the regional planning program; and

(4) a schedule of recreation activities and programs for Prince George’s County in accordance with § 25–806 of this article.
Md. Code, Education § 18-2501 — MD Code / Article ged / Title 18 / Subtitle 25 / Section 18-2501
§18–2501.
Status: in_force

There is a 2+2 Transfer Scholarship Program in the State under which scholarships are awarded under this subtitle.
Md. Code, Education § 18-1503 — MD Code / Article ged / Title 18 / Subtitle 15 / Section 18-1503
§18–1503.
Status: in_force

(a) The Office of Student Financial Assistance shall adopt regulations to establish:

(1) The maximum starting income for eligibility in the Janet L. Hoffman Loan Assistance Repayment Program;

(2) The maximum total income for eligibility in the Janet L. Hoffman Loan Assistance Repayment Program, including any additional sources of income;

(3) That priority for participation in the Program shall be given to an individual who:

(i) Graduated from an institution of higher education in the last 3 years;

(ii) Is a resident of the State;

(iii) Is employed on a full–time basis; and

(iv) 1. Provides, as the principal part of the individual’s employment, legal services to low–income residents in the State who cannot afford legal services, nursing services in nursing shortage areas in the State as defined in § 18–802 of this title, or other services in an eligible field of employment in which there is a shortage of qualified practitioners to low–income or underserved residents or areas of the State; or

2. For teacher, mental health professional, and school nurse applicants only, qualifies for a Nancy Grasmick Public School Professional Award;

(4) A limit on the total amount of assistance provided by the Office of Student Financial Assistance in repaying the loan of an eligible individual, based on the individual’s total income and outstanding higher education loan balance;

(5) A procedure and schedule for the monthly or annual payment of the amount of loan assistance provided by the Office of Student Financial Assistance to the eligible individual, as appropriate to assist an eligible individual in meeting loan forgiveness program requirements;

(6) A requirement that an eligible individual apply to federal loan forgiveness programs for which the individual may qualify;

(7) A requirement that an eligible individual notify the Office of Student Financial Assistance if the individual receives other loan repayment assistance; and

(8) An annual review of the eligibility of each individual participating in the Program.

(b) The Office of Student Financial Assistance shall adopt any other regulations necessary to implement this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 18-2001 — MD Code / Article gab / Title 18 / Subtitle 20 / Section 18-2001
§18–2001.
Status: in_force

(a) (1) Unless otherwise provided in this title, from 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in a premises licensed under this title.

(2) An owner, operator, or manager of a licensed premises under this title may not knowingly allow consumption prohibited under paragraph (1) of this subsection.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Education § 18-203 — MD Code / Article ged / Title 18 / Subtitle 2 / Section 18-203
§18–203.
Status: in_force

(a) The Office may employ the additional staff necessary to carry out its functions as provided in the State budget.

(b) Each employee of the Office is entitled to the compensation provided in the State budget.

(c) In conducting their operations, the Commission and Office shall share resources and coordinate their activities in order to enhance the efficient utilization of resources in the performance of their functions.
Md. Code, Insurance § 18-108 — MD Code / Article gin / Title 18 / Subtitle 1 / Section 18-108
§18–108.
Status: in_force

(a) If long-term care benefits are part of a life insurance policy or rider, the carrier shall provide a policy summary at the time of policy delivery.

(b) The policy summary required to be delivered under subsection (a) of this section shall include:

(1) information required to be included in an outline of coverage under § 18-106 of this title;

(2) an explanation of how the long-term care benefits interact with other components of the life insurance policy, including deductions from death benefits;

(3) an illustration of the amount of benefits, length of benefit, and guaranteed lifetime benefits if any, for each covered individual;

(4) any exclusions, reductions, or limitations on benefits of long-term care; and

(5) if applicable to the policy type:

(i) a disclosure of the effects of exercising other rights under the policy;

(ii) a disclosure of guarantees related to long-term care costs of insurance charges; and

(iii) current and projected maximum lifetime benefits.
Md. Code, Education § 18-404 — MD Code / Article ged / Title 18 / Subtitle 4 / Section 18-404
§18–404.
Status: in_force

(a) (1) Until June 30, 2019, each Senator may award $34,500 of senatorial scholarships each year.

(2) Beginning July 1, 2019, each Senator may award senatorial scholarships each fiscal year in an amount that may not exceed the total of:

(i) The amount authorized to be awarded the previous year; and

(ii) The amount of the increase over the previous year in the tuition and mandatory fees of an undergraduate program at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.

(b) (1) The annual allocation under subsection (a) of this section applies to initial–year awards. After 4 years of operation, the annual allocation to each Senator for initial–year and continuing awards may not exceed four times the amount of the Senator’s allocation under subsection (a) of this section.

(2) If a recipient moves to the legislative district of another Senator, the allocation to the recipient shall continue to be drawn on the account of the Senator who originally awarded the scholarship.

(c) (1) A senatorial scholarship may be awarded in $100 increments.

(2) An award for a single year may not be less than $400 or more than the equivalent annual tuition and mandatory fees of an undergraduate program at the 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, with the highest annual expenses for a full–time resident undergraduate.
Md. Code, Education § 18-2310 — MD Code / Article ged / Title 18 / Subtitle 23 / Section 18-2310
§18–2310.
Status: in_force

(a) The Maryland Higher Education Commission shall draft a plan to administer a Maryland HOPE Scholarship Program.

(b) The Commission’s plan shall include:

(1) A 3–year schedule, beginning July 1, 2000, for the progressive implementation of the Maryland HOPE Scholarship Award to all eligible students; and

(2) A priority list of the applicable fields of study which focuses on such factors as:

(i) Economic need of the State;

(ii) Employment shortage areas of the State; and

(iii) Training and education capacity of the higher education institutions in Maryland.

(c) The priority list shall be created in consultation with the appropriate advisory boards of the Commission, the Department of Commerce, and representatives of higher education and private industry.
Md. Code, Alcoholic Beverages and Cannabis § 18-2003 — MD Code / Article gab / Title 18 / Subtitle 20 / Section 18-2003
§18–2003.
Status: reserved

(a) Reserved.

(b) Reserved.

(c) Reserved.

(d) A holder of a Class D beer and light wine license may sell beer and light wine:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(e) A holder of a Class H beer and light wine license may sell beer and light wine:

(1) on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(f) (1) The part of a premises where alcoholic beverages are sold or displayed may be open only during the hours of sale for alcoholic beverages set out in subsections (d) and (e) of this section.

(2) A license holder with an on–sale license shall remove all bottles and containers from the table on or before the closing time set out in subsections (d) and (e) of this section.

(g) A license holder may sell nonalcoholic items:

(1) on Monday through Saturday, from 5 a.m. to 2 a.m. the following day; and

(2) on Sunday, from 6 a.m. to midnight.

(h) A person that violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment or a fine not exceeding $250 or both.
Md. Code, Education § 18-1207 — MD Code / Article ged / Title 18 / Subtitle 12 / Section 18-1207
§18–1207.
Status: in_force

The Governor shall include in the annual budget bill an appropriation to the Program in an amount not less than $200,000 for the fiscal year that begins on July 1, 1996 and each subsequent fiscal year.
Md. Code, Education § 18-2705 — MD Code / Article ged / Title 18 / Subtitle 27 / Section 18-2705
§18–2705.
Status: in_force

§18–2705. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 185 AND 186 OF 2024 //

(a) On or before July 1, 2029, the Commission shall conduct an evaluation of the effectiveness of the Program in attracting new teachers to the profession.

(b) On or before January 1, 2030, the Commission shall report the results of the evaluation to the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Commercial Law § 18-101 — MD Code / Article gcl / Title 18 / Subtitle 1 / Section 18-101
§18–101.
Status: in_force

(a) In this title the following words have the meanings indicated.

(b) (1) “Bill of lading” means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods.

(2) “Bill of lading” includes an airbill; that is, a document serving for air transportation as a bill of lading does for marine or rail transportation, and includes an air consignment note or air waybill.

(c) “Conspicuous” has the meaning stated in § 1–201(10) of this article.

(d) “Goods” means all things which are treated as moveable for the purposes of a contract of storage or transportation.

(e) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(f) “Warehouse receipt” means a receipt issued by a person engaged in the business of storing goods for hire.

(g) “Warehouseman” means a person engaged in the business of storing goods for hire.
Md. Code, Business Occupations and Professions § 18-701 — MD Code / Article gbo / Title 18 / Subtitle 7 / Section 18-701
§18–701.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no further force and effect after July 1, 2031.
Md. Code, Alcoholic Beverages and Cannabis § 18-403 — MD Code / Article gab / Title 18 / Subtitle 4 / Section 18-403
§18–403.
Status: in_force

(a) Section 2–216(b) of this article does not apply to a holder of a Class 4 limited winery license.

(b) A holder of a Class 4 limited winery license may hold or have a financial interest in one retail license that does not apply to the premises for which a Class 4 limited winery license applies.
Md. Code, Alcoholic Beverages and Cannabis § 18-1901 — MD Code / Article gab / Title 18 / Subtitle 19 / Section 18-1901
§18–1901.
Status: in_force

(a) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county without exception or variation:

(1) § 4–502 (“Storage of alcoholic beverages”);

(2) § 4–503 (“Solicitations and sales outside of licensed premises”);

(3) § 4–506 (“Evidence of purchaser’s age”);

(4) § 4–507 (“Retail delivery of alcoholic beverages”); and

(5) § 4–508 (“Display of license”).

(b) The following sections of Title 4, Subtitle 5 (“Conduct of Local License Holders”) of Division I of this article apply in the county:

(1) § 4–504 (“Employment of underage individuals”), subject to § 18–1902 of this subtitle; and

(2) § 4–505 (“Alcohol awareness program”), subject to § 18–1902.1 of this subtitle.
Md. Code, Education § 18-406.1 — MD Code / Article ged / Title 18 / Subtitle 4 / Section 18-406.1
§18–406.
Status: in_force

§18–406.1.

A recipient may hold a scholarship for a fifth undergraduate academic year or for a semester subsequent to the end of a fourth undergraduate academic year if the recipient:

(1) Requests a scholarship from the Senator for a fifth undergraduate academic year or for a semester subsequent to the end of a fourth undergraduate academic year;

(2) Is a full–time student;

(3) Continues to be eligible for in–State tuition under this article;

(4) Continues to be a student at the institution and takes courses leading to a degree; and

(5) Has exhausted the funds available under § 18–406(a) of this subtitle.
Md. Code, Education § 18-19C-06 — MD Code / Article ged / Title 18 / Subtitle 19C / Section 18-19C-06
§18–19C–06.
Status: in_force

(a) The Maryland 529 Program, the Maryland ABLE Program, and the ABLE accounts issued under this subtitle are not subject to the provisions of the Insurance Article.

(b) The assets and income of the Maryland ABLE Program are exempt from State and local taxation.
Md. Code, Land Use § 18-114 — MD Code / Article glu / Title 18 / Subtitle 1 / Section 18-114
§18–114.
Status: in_force

In Montgomery County, the County Executive shall submit recommendations with respect to the Commission’s proposed program, including any suggested amendments, revisions, or modifications, to the County Council as part of the comprehensive 6–year capital improvements program required by the county charter in each even–numbered calendar year.
Md. Code, State Government § 18-215 — MD Code / Article gsg / Title 18 / Subtitle 2 / Section 18-215
§18–215.
Status: in_force

(a) (1) Each notarial act shall be evidenced by a certificate.

(2) The certificate shall:

(i) be executed contemporaneously with the performance of the notarial act;

(ii) be signed and dated by the notarial officer and, if the notarial officer is a notary public, be signed in the same manner as on file with the clerk of the circuit court for the county in which the notary public resides or was qualified;

(iii) identify the jurisdiction in which the notarial act is performed;

(iv) contain the title of office of the notarial officer; and

(v) if the notarial officer is a notary public, indicate the date of expiration, if any, of the notarial officer’s commission.

(b) (1) If a notarial act regarding a tangible record is performed by a notary public, the notary public shall affix an official stamp to or emboss an official stamp on the certificate.

(2) If a notarial act is performed regarding a tangible record by a notarial officer other than a notary public, the notarial officer may affix an official stamp to or emboss an official stamp on the certificate.

(3) If a notarial act regarding an electronic record is performed by a notarial officer, the notarial officer may attach an official stamp to or logically associate an official stamp with the certificate.

(c) A certificate of a notarial act is sufficient if it meets the requirements of subsections (a) and (b) of this section and:

(1) is in a short form provided in § 18–216 of this subtitle;

(2) is in a form otherwise allowed by the laws of this State;

(3) is in a form allowed by the laws applicable in the jurisdiction in which the notarial act was performed; or

(4) sets forth the actions of the notarial officer and the actions are sufficient to meet the requirements of the laws of the State.

(d) By executing a certificate of a notarial act, a notarial officer certifies that the notarial officer has complied with §§ 18–203, 18–204, and 18–205, and, if applicable, § 18–214 of this subtitle.

(e) A notarial officer may not affix the notarial officer’s signature to, or logically associate it with, a certificate until the notarial act has been performed.

(f) (1) If a notarial act is performed regarding a tangible record, a certificate shall be part of, or securely attached to, the record.

(2) If a notarial act is performed regarding an electronic record, the certificate shall be affixed to, or logically associated with, the electronic record.

(3) If the Secretary of State has adopted regulations under § 18–222 of this subtitle to establish standards for attaching, affixing, or logically associating the certificate, the notarial officer shall use a process for attaching, affixing, or logically associating the certificate that conforms to the standards.
Md. Code, Transportation § 18-102 — MD Code / Article gtr / Title 18 / Subtitle 1 / Section 18-102
§18–102.
Status: in_force

(a) (1) The Administration may not register any motor vehicle, trailer, or semitrailer to be rented until the owner of the vehicle certifies to the satisfaction of the Administration that the owner has security for the vehicle in the same form and providing for the same minimum benefits as the security required by Title 17 of this article for motor vehicles.

(2) (i) In this paragraph, “replacement vehicle” means a vehicle that is loaned by an auto repair facility or a dealer, or that an individual rents temporarily, to use while a vehicle owned by the individual is not in use because of loss, as “loss” is defined in that individual’s applicable private passenger automobile insurance policy, or because of breakdown, repair, service, or damage.

(ii) This paragraph does not apply to a rental vehicle that is not a replacement vehicle if the coverage maintained by the renter or driver is provided by the Maryland Automobile Insurance Fund.

(iii) Subject to paragraph (3) of this subsection, § 18–106 of this subtitle, and § 17–104(e)(5) of this article, an owner of a rental vehicle or replacement vehicle may satisfy the requirement of paragraph (1) of this subsection by maintaining the required security described in § 17–103 of this article that is secondary to any other valid and collectible coverage and that extends coverage to the owner’s vehicle in amounts required under § 17–103(b) of this article while it is used as a rental vehicle or replacement vehicle.

(iv) If an owner of a replacement vehicle provides coverage as provided under subparagraph (iii) of this paragraph, the agreement for the replacement vehicle to be signed by the renter or the individual to whom the vehicle is loaned shall contain a provision on the face of the agreement, in at least 10 point bold type, that informs the individual that the coverage on the vehicle being serviced or repaired is primary coverage for the replacement vehicle and the coverage maintained by the owner on the replacement vehicle is secondary.

(3) If an owner of a rental vehicle provides coverage in accordance with paragraph (2) of this subsection, the rental agreement to be signed by the renter shall contain a provision on the face of the agreement, in at least 10 point bold type, that informs the individual that, except for coverage provided by the Maryland Automobile Insurance Fund with respect to a rental vehicle that is not a replacement vehicle, the coverage maintained by the renter of the rental vehicle is primary coverage on the owner’s confirmation with the insurance carrier that provides coverage to the renter that the insurance maintained by the renter provides valid and collectible coverage in the amounts required under § 17–103(b) of this article to the owner’s vehicle while it is used as a rental vehicle.

(b) Notwithstanding any provision of the rental agreement to the contrary, the security required under this section shall cover the owner of the vehicle and each person driving or using the vehicle with the permission of the owner or lessee.

(c) If the Administration finds that the vehicle owner has failed or is unable to maintain the required security, the Administration shall suspend the registration of the vehicle.
Md. Code, Insurance § 18-101 — MD Code / Article gin / Title 18 / Subtitle 1 / Section 18-101
§18–101.
Status: in_force

(a) In this title the following words have the meanings indicated.

(b) “Alzheimer’s disease” means a progressive brain disease diagnosed as Alzheimer’s disease by the licensed attending physician of the insured or certificate holder and confirmed by a second opinion of a licensed physician.

(c) “Applicant” means:

(1) for an individual policy or contract of long-term care insurance, the individual who seeks to contract for benefits; or

(2) for a group policy of long-term care insurance, the proposed certificate holder.

(d) “Carrier” means an insurer, nonprofit health service plan, health maintenance organization, or preferred provider organization.

(e) “Certificate” means a certificate that is issued under a group policy of long-term care insurance if the certificate is delivered or issued for delivery in the State and covers individuals who reside in the State.

(f) (1) “Long–term care insurance” means an individual or group policy, contract, certificate, or rider that:

(i) is issued, delivered, or offered by a carrier;

(ii) is advertised, marketed, offered, or designed to provide coverage for at least 24 consecutive months for each covered individual on an expense–incurred, indemnity, prepaid, or insured basis; and

(iii) provides one or more necessary or appropriate diagnostic, preventive, therapeutic, rehabilitative, maintenance, or personal care services in a setting other than an acute care unit of a hospital.

(2) “Long–term care insurance” includes any product that is advertised, marketed, or offered as long–term care insurance.

(3) “Long–term care insurance” does not include:

(i) a policy, contract, certificate, or rider that is offered primarily to provide:

1. basic Medicare supplement coverage;

2. hospital confinement indemnity coverage;

3. basic hospital expense or medical surgical expense coverage;

4. disability income protection coverage;

5. accident–only coverage;

6. specified disease or specified accident coverage; or

7. skilled nursing care;

(ii) a life insurance policy that:

1. accelerates the death benefit specifically for:

A. one or more of the qualifying events of terminal illness;

B. a medical condition that requires extraordinary medical intervention; or

C. permanent institutional confinement;

2. provides the option of lump–sum payments for the benefits listed in item 1 of this item; or

3. does not make benefits or eligibility for benefits conditional on receipt of long–term care; or

(iii) a certificate that is issued under an out–of–state employer group contract.

(g) “Loss ratio” means the ratio of losses incurred to premiums earned on policies that are issued, delivered, or renewed in the State.

(h) “Out-of-state employer group contract” means a group contract that:

(1) is entered into with an employer in a state other than this State; and

(2) is issued directly to an employer under the laws of that employer’s state.

(i) “Preexisting condition” means a condition for which medical advice or treatment was recommended by or received from a provider of health care services within 6 months before the effective date of coverage of the insured or certificate holder.
Md. Code, Education § 18-2210 — MD Code / Article ged / Title 18 / Subtitle 22 / Section 18-2210
§18–2210.
Status: in_force

(a) (1) The Office, in collaboration with the Department, shall publicize the availability of Teaching Fellows for Maryland scholarships.

(2) The Office shall focus on publicizing the availability of the Teaching Fellows for Maryland scholarships:

(i) At historically Black colleges and universities in the State;

(ii) To teaching assistants and other educational support staff currently working in public schools and publicly funded prekindergarten programs; and

(iii) In a manner that promotes the program to students who are members of groups that are underrepresented in the teaching profession.

(b) To the extent practicable, the Office shall award scholarships under this subtitle in a manner that reflects ethnic, gender, racial, and geographic diversity.
Md. Code, Education § 18-3801 — MD Code / Article ged / Title 18 / Subtitle 38 / Section 18-3801
§18–3801.
Status: in_force

(a) In this subtitle the following words have the meanings indicated.

(b) “Eligible institution” means:

(1) A public senior higher education institution in the State; or

(2) A community college in the State.

(c) “Police officer” has the meaning stated in § 3–201 of the Public Safety Article.

(d) “Probation agent” means an individual serving as a parole and probation agent, supervisor, or regional administrator for the Department of Public Safety and Correctional Services.

(e) “Service obligation” means to work as a police officer or probation agent in the State not less than 5 years during the 8–year period after graduation.
Md. Code, Land Use § 18-304 — MD Code / Article glu / Title 18 / Subtitle 3 / Section 18-304
§18–304.
Status: in_force

(a) (1) The tax required under this subsection:

(i) applies to property in the metropolitan district in Montgomery County; and

(ii) shall be imposed whether any bonds have been issued under this title or whether interest is due on any bonds issued under this title.

(2) Each year, Montgomery County shall impose on each $100 of assessed valuation of:

(i) real property, a tax of 3.6 cents; and

(ii) personal property and operating real property described in § 8–109(c) of the Tax – Property Article, a tax of 9 cents.

(3) Every 60 days the county shall pay to the Commission the tax collected under this subsection.

(4) The Commission may use the revenues from the tax imposed under this subsection, after providing for debt service on bonds issued under Subtitle 2 of this title, to:

(i) police the parks or other areas under its jurisdiction;

(ii) acquire, develop, beautify, or maintain parks or other areas; or

(iii) establish playground and recreational facilities in the parks or other areas.

(b) (1) It is the intent of this subsection to provide the Commission with funds to:

(i) finance the acquisition of parklands in the metropolitan district in Prince George’s County from current revenues or by the issue of bonds; and

(ii) maintain, operate, and develop acquired parklands.

(2) The tax required under this subsection:

(i) applies to property in the metropolitan district in Prince George’s County; and

(ii) shall be imposed whether any bonds have been issued under this title or whether interest is due on any bonds issued under this title.

(3) Each fiscal year, Prince George’s County shall impose on each $100 of assessed valuation of:

(i) real property, a tax of at least 4 cents; and

(ii) personal property and operating real property described in § 8–109(c) of the Tax – Property Article, a tax of at least 10 cents.

(4) Every 60 days the county shall pay to the Commission the tax collected under this subsection.

(5) The Commission shall use the revenues from the tax imposed under this subsection primarily to pay the principal of and interest on any bonds issued by the Commission for the acquisition of parklands in the metropolitan district in Prince George’s County as authorized under this title.

(6) The county shall pay to the Commission the tax collected under this subsection whether any principal or interest is due on any bonds issued for the acquisition of parklands or whether any bonds for that purpose have been issued or are outstanding in the fiscal year in which the tax is collected.

(c) (1) The tax authorized under this subsection applies to property in the metropolitan district in Montgomery County and Prince George’s County.

(2) Each year the County Council of Montgomery County and the County Council of Prince George’s County may impose an ad valorem tax in addition to all other taxes imposed for the benefit of and on behalf of the Commission.

(3) Each county may pay to the Commission the aggregate amount collected under this subsection in the same manner as the county pays other taxes under this subtitle.

(4) The Commission shall use the proceeds of the tax under this subsection to:

(i) acquire, maintain, develop, and operate the park systems in the counties; and

(ii) pay the debt service required by its outstanding bonds or bonds issued in the future.

(5) The Commission shall expend or disburse that proportion of tax collected from Montgomery County in Montgomery County and that proportion collected from Prince George’s County in Prince George’s County.

(d) (1) The tax authorized under this subsection:

(i) applies to property in the metropolitan district in Montgomery County; and

(ii) shall be in lieu of, and in complete satisfaction of, any obligations of Montgomery County to pay for maintenance of the Commission’s park system in accordance with Chapter 761, § 8 of the Acts of 1953 and all agreements executed under the terms of that law.

(2) Each year, in addition to the tax imposed under subsection (a) of this section, Montgomery County shall impose on each $100 of assessed valuation of:

(i) real property, a tax of 0.8 cents; and

(ii) personal property and operating real property described in § 8–109(c) of the Tax – Property Article, a tax of 2 cents.

(e) A tax authorized under this section shall:

(1) be imposed and collected as county taxes are imposed and collected;

(2) have the same priority rights as county taxes;

(3) bear the same interest and penalties as county taxes; and

(4) be treated the same as county taxes in every other respect.

(f) (1) (i) At least 30 days before the end of the fiscal year, the Commission shall certify and submit to the appropriate fiscal officers of the counties the net unexpended balances from money received by the Commission from taxes imposed under this section.

(ii) In Montgomery County, the Commission also shall furnish at the time requested by the County Council an estimate of unexpended balances as of the end of the fiscal year as information for the county’s tax resolution.

(2) To calculate the net unexpended balance for each county, the Commission shall deduct, from its actual unexpended cash receipts from taxes collected under this section, an amount equal to the sum of:

(i) the debt service for the next succeeding fiscal year on bonds issued by it and outstanding with respect to property acquired by it in the county;

(ii) the Commission’s fixed obligations under contracts the first 6 months of the fiscal year;

(iii) the amounts credited to the Commission’s self–insurance fund;

(iv) $200,000 with respect to Montgomery County; and

(v) $150,000 with respect to Prince George’s County.

(3) (i) Subject to paragraph (4) of this subsection, when the county receives the certification from the Commission of its net unexpended balance with respect to that county as calculated under paragraph (2) of this subsection, the county may:

1. deduct the net unexpended balance from its estimate of the amount of money to be raised in the next succeeding fiscal year by taxes collected under this section; and

2. impose the tax for the next succeeding fiscal year at a rate that the county estimates will produce the amount calculated under item 1 of this subparagraph.

(ii) The amount calculated under subparagraph (i)1 of this paragraph shall be the amount the county is obligated to pay the Commission in that fiscal year under this section.

(4) The tax rate may not be reduced under this subsection to a rate insufficient to pay debt service on bonds issued by the Commission and guaranteed by the county.
Md. Code, Education § 18-3603.1 — MD Code / Article ged / Title 18 / Subtitle 36 / Section 18-3603.1
§18–3603.
Status: in_force

§18–3603.1.

(a) A community college shall verify the eligibility of an applicant for a Maryland Community College Promise Scholarship award in accordance with this section.

(b) (1) A community college shall:

(i) Verify that an applicant qualifies for a Maryland Community College Promise Scholarship award under the requirements of § 18–3603 of this subtitle;

(ii) Evaluate the applicant’s income eligibility using federal standards for verification and in accordance with income eligibility criteria established by the Office;

(iii) Maintain records used by the community college to determine the eligibility of applicants for not less than a period of 5 years after the end date of the award year associated with the student’s last award; and

(iv) Provide the Commission with an audit, in accordance with rules adopted by the Commission, to show that awards verified and administered under this section have been made properly.

(2) A verification obtained by an applicant under paragraph (1)(i) of this subsection may be used at another community college.

(c) (1) The Office shall review the audit provided to the Commission under subsection (b)(1)(iv) of this section not less than once every 3 years to verify that recipients met the eligibility requirements for an award.

(2) (i) If the Office determines that a community college made an incorrect award to an ineligible student, the community college shall remit to the Commission the total amount of the award made in error.

(ii) The Commission shall pay all amounts received under subparagraph (i) of this paragraph to the Need–based Student Financial Assistance Fund under § 18–107 of this title.

(iii) The community college may not require a student to repay the community college for an incorrect award made from the Maryland Community College Promise Scholarship.
Md. Code, Education § 18-102 — MD Code / Article ged / Title 18 / Subtitle 1 / Section 18-102
§18–102.
Status: in_force

Except as otherwise provided in this title, the provisions of this subtitle apply to any scholarship, grant, loan, or other student financial assistance awarded by the Office.
Md. Code, Health - General § 18-206 — MD Code / Article ghg / Title 18 / Subtitle 2 / Section 18-206
§18–206.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Birth defect” means an abnormality of the structure or a function of the human body present at birth that may result in:

(i) A physical or mental disability; or

(ii) Death.

(3) “Health care provider” has the meaning stated in § 4–301 of this article.

(b) (1) A hospital shall make a report on each child who is live–born or stillborn in the hospital and has a birth defect. If a child is born outside the hospital, the person filling out the birth certificate shall make a report under this section.

(2) The Secretary shall appoint a committee of physicians, hospital representatives, epidemiologists, parents or guardians of children with birth defects, and officials from the Department to determine the information required under paragraph (1) of this subsection.

(3) The hospital shall submit the reports required under paragraph (1) of this subsection to the Department within 1 month after the date of release of the child’s mother from the hospital.

(c) A health care provider shall allow the Department to inspect and obtain the following medical information regarding a child with a birth defect:

(1) The medical records of:

(i) A child through the child’s second year of life; and

(ii) A child’s mother regarding the mother’s pregnancy with the child;

(2) Records of any laboratory tests relating to a child’s birth defect; and

(3) Any other medical information relating to a child’s birth defect.

(d) (1) The hospital shall disclose the identity of the child with a birth defect to the Secretary so that the Secretary may:

(i) Use the information to protect the public health; or

(ii) Provide the parents or guardians of the child with information on birth defects and public and private services available in accordance with subsection (g)(1) and (4) of this section.

(2) If the Department shows a need for the individual identity of children without birth defects to conduct an investigation that aids in the protection of the public health, the hospital shall obtain the written consent of the parent or guardian of the child to disclose the child’s name to the Secretary.

(3) The Secretary shall assure that the identity of a child under this section may not be released outside the Department without the written consent of the parent or guardian of the child.

(e) (1) The Department shall keep any medical information obtained under this section confidential.

(2) Medical information requested under this section shall be only as intrusive as necessary and used for the purpose of:

(i) Assuring the quality of the data reported;

(ii) Providing information or services to a child’s family;

(iii) Conducting an epidemiological investigation related to a birth defect; or

(iv) Conducting the Department’s research into the causes of birth defects.

(3) (i) The release of medical information obtained in accordance with this section to the Department is not a violation of the confidential relationship between a health care provider and a patient.

(ii) A health care provider who discloses medical records to the Department under this section:

1. Is not liable in any suit for civil damages for the disclosure of the medical records;

2. Is not subject to disciplinary action by any licensing or disciplining authority for disclosure of confidential information; and

3. May not be subject to any criminal penalties.

(4) The medical information obtained by the Department under this section is not subject to subpoena, discovery, or introduction into evidence in any administrative, civil, or criminal proceeding.

(f) While conducting research using human subjects under this section, the Department shall comply with the requirements for the protection of human subjects under:

(1) Title 13, Subtitle 20 of this article; and

(2) 42 U.S.C. § 289.

(g) (1) The Department shall assure that information is prepared and periodically updated on:

(i) Birth defects; and

(ii) Public and private services for children with birth defects.

(2) (i) The Secretary shall appoint a committee to determine the information required under paragraph (1) of this subsection.

(ii) The committee shall consist of:

1. Physicians;

2. Educators;

3. Social service specialists;

4. Representatives of the Department;

5. Representatives of the Department of Human Services;

6. Representatives of the State Department of Education; and

7. Parents or guardians of children with birth defects.

(3) The information provided under this subsection shall be distributed to each hospital and made available to parents or guardians of children with birth defects by the child’s physician before the child is discharged from the hospital and with an explanation, to the extent possible, of the birth defect to the parents or guardians.

(4) (i) The Secretary shall send a letter to the parent or guardian of each child reported under this section with a birth defect before the child is 6 months old.

(ii) The letter shall offer information about the birth defect and available services with emphasis on needs identified after discharge from the hospital.

(iii) Before sending a letter to a parent or guardian, the Secretary shall implement appropriate procedures to assure that a letter is not sent to a parent or guardian of a child who has died.

(h) The Department and the Department of the Environment shall jointly develop procedures to monitor the data on birth defect trends which may be caused by environmental hazards.
Md. Code, Alcoholic Beverages and Cannabis § 18-2502 — MD Code / Article gab / Title 18 / Subtitle 25 / Section 18-2502
§18–2502.
Status: reserved

(a) Alcoholic beverages may not be brought into an establishment and consumed or transferred if the establishment is a place of adult entertainment that provides entertainment listed under § 4–605 of this article.

(b) (1) An operator of a place of adult entertainment that knowingly allows a violation of this section in the establishment is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 for each violation.

(2) Each day of operation in violation of this section is a separate violation.
Md. Code, Alcoholic Beverages and Cannabis § 18-1406 — MD Code / Article gab / Title 18 / Subtitle 14 / Section 18-1406
§18–1406.
Status: in_force

The hearing for a new applicant and the issuance of a license may not be delayed due to the failure of the Federal Bureau of Investigation to provide the requested criminal history records check by the date of the scheduled hearing.
Md. Code, Education § 18-2404 — MD Code / Article ged / Title 18 / Subtitle 24 / Section 18-2404
§18–2404.
Status: in_force

Each applicant for a Higher Education Loan Assistance Grant under this subtitle shall:

(1) Be licensed to practice in Maryland by the State Board of Dental Examiners;

(2) Demonstrate financial need;

(3) Be employed full time or part time as a dentist or dental hygienist;

(4) Agree that at least 30% of the patients treated by the dentist or in the practice in which the dental hygienist works each year for a 3–year period in a private practice or clinical setting will be Maryland Medical Assistance Program recipients; and

(5) Meet any other criteria established by the Office.
Md. Code, Alcoholic Beverages and Cannabis § 18-101 — MD Code / Article gab / Title 18 / Subtitle 1 / Section 18-101
§18–101.
Status: in_force

(a) In this title:

(1) the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Charles County.

(c) “County” means Charles County.

(d) “Light wine” means wine that contains not more than 15.5% of alcohol by volume.
Md. Code, Alcoholic Beverages and Cannabis § 18-2503 — MD Code / Article gab / Title 18 / Subtitle 25 / Section 18-2503
§18–2503.
Status: in_force

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

(1) an establishment open to the public;

(2) a place of public entertainment; or

(3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Health - General § 18-601 — MD Code / Article ghg / Title 18 / Subtitle 6 / Section 18-601
§18–601.
Status: in_force

(a) An individual who has an infectious disease that endangers public health may not willfully:

(1) Be in a public place without taking proper precautions against exposing other individuals to the disease; or

(2) Transfer to another individual any article that has been exposed to the disease without thoroughly disinfecting the article.

(b) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 1 year or both.
Md. Code, State Government § 18-109 — MD Code / Article gsg / Title 18 / Subtitle 1 / Section 18-109
§18–109.
Status: in_force

(a) In this title, “Fund” means the Notary Public Fund.

(b) There is a Notary Public Fund.

(c) The purpose of the Fund is to provide funding to support the actions of the Secretary of State in implementing, regulating, administering, and enforcing this title.

(d) The Secretary of State shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) revenue distributed to the Fund under §§ 18–103(e)(5)(ii) and 18–108(b)(3) of this subtitle;

(2) money appropriated in the State budget to the Fund; and

(3) any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only to cover the expenses, including administrative expenses, of the Office of the Secretary of State in carrying out the duties of the Secretary of State under this title.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Local Government § 18-103 — MD Code / Article glg / Title 18 / Subtitle 1 / Section 18-103
§18–103.
Status: in_force

This subtitle applies only to Baltimore City, Montgomery County, Prince George’s County, and each municipality.
Md. Code, Education § 18-19C-07 — MD Code / Article ged / Title 18 / Subtitle 19C / Section 18-19C-07
§18–19C–07.
Status: in_force

(a) In this section, “person” does not include the State.

(b) A person may not attach, execute, garnish, or otherwise seize any current or future benefit under an ABLE account or any asset of the Maryland ABLE Program.
Md. Code, Education § 18-27A-02 — MD Code / Article ged / Title 18 / Subtitle 27A / Section 18-27A-02
§18–27A–02.
Status: in_force

(a) There is a Grow Your Own Educators Grant Program.

(b) (1) The purpose of the Program is to provide support to collaboratives that offer teacher licensure programs with on–the–job experiential learning for eligible individuals who:

(i) Are interested in pursuing a career in the teaching profession;

(ii) Are employed by a local school system in the State as a school–based part–time or full–time employee; and

(iii) Ultimately pledge to fulfill a 3–year service obligation as a teacher employed full–time in a high–needs school, grade level, or content area in the local school system in which they are currently employed.

(2) The Department shall administer the Program.

(c) To be eligible for the Program, a teacher candidate applicant shall:

(1) Be employed as a noncertified education support professional or provisional teacher by a participating local school system on the effective date of the Program in a school–based position;

(2) Have a high school diploma or its equivalent; and

(3) Commit to pursue a teacher licensure pathway approved by the Department.
Md. Code, Health - General § 18-309 — MD Code / Article ghg / Title 18 / Subtitle 3 / Section 18-309
§18–309.
Status: in_force

(a) (1) To the extent that funds are available for this purpose, the Secretary, in collaboration with other State agencies, shall establish and promote a statewide public information, awareness, and education campaign on Fetal Alcohol Syndrome and other effects of prenatal alcohol exposure.

(2) The campaign shall:

(i) Reach out to the general public and specific populations determined to be at high risk for contracting Fetal Alcohol Syndrome;

(ii) Disseminate the information about Fetal Alcohol Syndrome through written materials, television, radio, posters, or any other medium the Secretary considers appropriate and effective for conveying the information;

(iii) Distribute informational materials free of charge to prenatal clinics and to establishments that serve alcoholic beverages; and

(iv) Include any other matter that the Secretary considers appropriate.

(b) To carry out this section, the Secretary:

(1) On request, shall receive aid or information from any agency of this State, or from a political subdivision;

(2) May request the services of interested advocacy groups; and

(3) May contract for any necessary services.
Md. Code, Health - General § 18-401 — MD Code / Article ghg / Title 18 / Subtitle 4 / Section 18-401
§18–401.
Status: in_force

(a) A person lawfully administering a drug or vaccine shall have the immunity from liability described under § 5-629(b) of the Courts and Judicial Proceedings Article.

(b) If the Secretary or a designee of the Secretary finds that a proposed immunization project would conform to good medical and public health practice and gives written approval for the project to be administered in this State, a physician, nurse, or other person participating in the project shall have the immunity from liability described under § 5-629(c) of the Courts and Judicial Proceedings Article.
Md. Code, Education § 18-3607 — MD Code / Article ged / Title 18 / Subtitle 36 / Section 18-3607
§18–3607.
Status: reserved

On or before December 1, 2020, and each December 1 thereafter, the Commission shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of the Maryland Community College Promise Scholarship program, including:

(1) The number of applicants who received a Maryland Community College Promise Scholarship in the academic year disaggregated by the community college at which the scholarship was used;

(2) The number of scholarship recipients enrolled in an associate’s degree program;

(3) The number of scholarship recipients enrolled in a vocational certificate program;

(4) The number of scholarship recipients enrolled in a certificate program;

(5) The amount of the award made to each scholarship recipient;

(6) The number of eligible applicants, if any, who were placed on a waiting list and the amount of demonstrated financial need, in the aggregate, of those applicants;

(7) The number of scholarship recipients who earned an associate’s degree within 2, 3, or 4 years after receiving an award;

(8) The number of scholarship recipients who earned a vocational certificate within 1, 2, or 3 years after receiving an award;

(9) The number of scholarship recipients who transferred to a 4–year institution in the State;

(10) The number of scholarship recipients who received a baccalaureate degree after transferring to a 4–year institution in the State; and

(11) The outreach activities made by the Commission for the scholarship.
Md. Code, Education § 18-802 — MD Code / Article ged / Title 18 / Subtitle 8 / Section 18-802
§18–802.
Status: in_force

(a) (1) In this section the following words have the meanings indicated.

(2) “Eligible institution” means an institution of postsecondary education:

(i) Approved to operate by the Maryland Higher Education Commission; and

(ii) That awards nursing degrees or diplomas.

(3) “Eligible organization” means an institution, including a licensed hospital, nursing home, adult day care center, public health agency, home health agency, or other organization authorized by the Secretary of Health.

(4) “Medical education center” means an institution:

(i) Whose objectives include the education of medical and allied health personnel; and

(ii) That has residency programs or full departments in at least three primary care areas.

(5) “Nurse practitioner” means a nurse practitioner as defined by the rules and regulations of the State Board of Nursing.

(6) “Nursing shortage area” means a recognized area of nursing service or specialization determined by the Secretary of Health to be an area where there exists a shortage of qualified nurses in eligible organizations.

(7) “Nursing student” means a student enrolled in a postsecondary nursing education degree or diploma program at an eligible institution.

(8) “Physician assistant” means an individual licensed under Title 15 of the Health Occupations Article to practice as a physician assistant.

(9) “Primary care” means family practice, general internal medicine, and general pediatrics.

(b) (1) There is a Maryland Physician Assistant–Nurse Practitioner Training Program that provides financial support to institutions with training programs for physician assistants and nurse practitioners in primary care in this State administered by the Office. An institution may participate if its program:

(i) Is accredited by the American Medical Association, the American Nurses Association, or the National League of Nursing;

(ii) Produces graduates eligible to take:

1. The primary care physician assistant certifying examination of the National Commission on the Certification of Physician Assistants; or

2. The primary care in adult and family nursing practice certifying examination or any other examination required by the State Board of Nursing;

(iii) Is part of, or has a formal arrangement with, a medical education center;

(iv) Focuses on developing primary care skills and includes substantial clinical experience in primary care; and

(v) Is not a specialty program in a discipline other than primary care.

(2) The Physician Assistant–Nurse Practitioner Training Program consists of grants to an eligible medical education center for each individual who completes the program in physician assistant or nurse practitioner training in the amount of:

(i) $3,000 for each physician assistant; and

(ii) $1,500 for each nurse practitioner.

(c) If the total amount of the grants to be made under this section for physician assistants–nurse practitioners is more than $72,000 annually, then the amount of a medical education center’s grant for that period shall be equal to the product of:

(1) The amount required to pay grants for that center; times

(2) The ratio of the total amount appropriated to the total amount required to pay grants under this section to all centers.

(d) A grant may not be awarded to a medical education center that has discontinued its program in physician assistant or nurse practitioner training.
Md. Code, Alcoholic Beverages and Cannabis § 18-2402 — MD Code / Article gab / Title 18 / Subtitle 24 / Section 18-2402
§18–2402.
Status: in_force

(a) Before docketing an action for judicial review under Title 4, Subtitle 9 of this article, the clerk of the circuit court for the county shall:

(1) collect all court costs from the petitioner; and

(2) receive a statement from the clerk of the Board that the costs for getting records and transcripts of proceedings of the hearing before the Board have been paid.

(b) The costs described in subsection (a)(1) of this section may not be assessed against the Board.