Md. Code, Housing and Community Development § 14-101 — MD Code / Article ghs / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

Title 12 of this article applies to the Housing Commission of Anne Arundel County, formerly the Housing Authority of Anne Arundel County, except where it is inconsistent with this title.
Md. Code, Estates and Trusts § 14-501 — MD Code / Article get / Title 14 / Subtitle 5 / Section 14-501
§14–501.
Status: in_force

(a) In this subtitle, “health savings account” has the meaning stated in § 223 of the Internal Revenue Code.

(b) A health savings account may be established as provided in § 15–144 of the Insurance Article.

(c) Except as provided in this subtitle or required by federal law, this article does not apply to a health savings account.
Md. Code, Commercial Law § 14-1305 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1305
§14–1305.
Status: in_force

(a) Except as provided in subsection (c) of this section, if a credit card or card of identification for credit is issued to a person without his prior request or application, the card is not considered accepted until he signifies acceptance in writing or uses it to obtain credit.

(b) Until an unrequested card is accepted, the issuer of the card:

(1) Assumes the risk of its loss, theft, or unauthorized use; and

(2) Is barred from any recovery against the person to whom the card is issued for any damages occasioned by that loss, theft, or unauthorized use.

(c) This section does not apply if the card is issued for the purpose of renewal or replacement of an existing card originally applied for or accepted by the cardholder.
Md. Code, Real Property § 14-202 — MD Code / Article grp / Title 14 / Subtitle 2 / Section 14-202
§14–202.
Status: in_force

(a) A lien on property may be created by a contract and enforced under this subtitle if:

(1) The contract expressly provides for the creation of a lien; and

(2) The contract expressly describes:

(i) The party entitled to establish and enforce the lien; and

(ii) The property against which the lien may be imposed.

(b) A lien may only secure the payment of:

(1) Damages;

(2) Costs of collection;

(3) Late charges permitted by law; and

(4) Attorney’s fees provided for in a contract or awarded by a court for breach of a contract.
Md. Code, Business Regulation § 14-109 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-109
§14–109.
Status: in_force

(a) The Commissioner may hold public hearings in connection with an investigation under this subtitle.

(b) Unless otherwise provided in this subtitle or in regulations adopted under it, the Commissioner shall hold hearings authorized by this subtitle in accordance with Title 10 of the State Government Article.
Md. Code, Commercial Law § 14-1221 — MD Code / Article gcl / Title 14 / Subtitle 12 / Section 14-1221
§14–1221.
Status: in_force

(a) Any consumer reporting agency or user of information which willfully fails to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure;

(2) Such amount of punitive damages as the court may allow; and

(3) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney’s fees as determined by the court.

(b) Any consumer reporting agency or user of information which is negligent in failing to comply with any requirement imposed under this subtitle with respect to any consumer is liable to that consumer in an amount equal to the sum of:

(1) Any actual damages sustained by the consumer as a result of the failure; and

(2) In the case of any successful action to enforce any liability under this section, the costs of the action together with reasonable attorney’s fees as determined by the court.

(c) A person who furnishes information to a consumer reporting agency or a user of information has no liability under this subtitle for any failure to comply with any requirement imposed under this subtitle with respect to any consumer if, within 30 days after discovering such failure to comply and prior to institution of an action under this subtitle or the receipt of written notice of the failure to comply from the consumer, such person or user notifies the consumer of the failure to comply and makes whatever adjustments are necessary to correct the noncompliance.

(d) A person who furnishes information to a consumer reporting agency or a user of information has no liability under this subtitle for any failure to comply with any requirement imposed under this subtitle where such person or user:

(1) Unintentionally and in good faith fails to comply with any requirement imposed under this subtitle; and

(2) Makes whatever adjustments are necessary to correct the noncompliance within 30 days after such person or user receives written notice of the failure.

(e) A person who furnishes information to a consumer reporting agency or a user of information may not be held liable in an action brought under this subtitle for any failure to comply with any requirement imposed under this subtitle if such person or user shows by a preponderance of the evidence that the failure to comply was unintentional and resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.

(f) The burden shall be on the person who furnishes information to a consumer reporting agency or user of information to show that the failure to comply with any requirement under this subtitle was unintentional and in good faith.
Md. Code, Insurance § 14-409 — MD Code / Article gin / Title 14 / Subtitle 4 / Section 14-409
§14–409.
Status: in_force

(a) The Commissioner may suspend or revoke a certificate of authority issued to a dental plan organization under this subtitle if the Commissioner finds that:

(1) the dental plan organization is operating in a manner significantly contrary to that described in §§ 14-403, 14-405, 14-407, and 14-408 of this subtitle;

(2) the dental plan organization issues evidence of coverage that does not comply with § 14-410 of this subtitle;

(3) the dental plan organization can no longer be expected to meet its obligations to enrollees;

(4) the agreements of the dental plan organization with dentists are not sufficient to provide the dental services covered by the dental plan;

(5) the dental plan organization, or authorized person acting on its behalf, has advertised or merchandised its services in an untrue or misleading manner;

(6) the conditions or methods of operation of the dental plan organization make continued operation hazardous to enrollees or the public; or

(7) the dental plan organization has failed to comply with this subtitle or any regulations adopted under this subtitle.

(b) If the Commissioner has cause to believe that grounds exist for the suspension or revocation of a certificate of authority, the Commissioner shall notify the dental plan organization of the suspension or revocation in writing and the grounds.

(c) If the Commissioner suspends the certificate of authority, the dental plan organization may not accept additional enrollees or engage in advertising or solicitation during the period of suspension.

(d) (1) If the Commissioner revokes the certificate of authority, the dental plan organization shall dissolve its structure immediately after the effective date of the order of revocation and may not conduct further business, except as essential to the orderly conclusion of the affairs of the dental plan organization.

(2) By written order, the Commissioner may allow further operation of the dental plan organization if the Commissioner finds that it is in the best interest of enrollees and that enrollees will be afforded the greatest practical opportunity to obtain continuing dental plan coverage.

(e) Instead of or in addition to suspending or revoking a certificate of authority, the Commissioner may:

(1) impose on the holder a penalty of not less than $1,000 but not exceeding $50,000 for each violation of this subtitle; and

(2) require the holder to make restitution to any person who has suffered financial injury because of a violation of this subtitle.

(f) (1) Notwithstanding subsections (c), (d), and (e) of this section, a dental plan organization that has had its certificate of authority suspended or revoked, has been ordered to pay a penalty or make restitution, or has suffered an adverse decision by the Commissioner is entitled to a hearing under § 2-210 of this article.

(2) Hearings and appeals from orders of the Commissioner are governed by §§ 2-203 and 2-210 through 2-215 of this article.
Md. Code, Public Safety § 14-208 — MD Code / Article gps / Title 14 / Subtitle 2 / Section 14-208
§14–208.
Status: in_force

(a) (1) Before a court enters judgment in a proceeding in any court in which the defendant fails to appear:

(i) the plaintiff shall file in the court an affidavit that sets forth facts that show that the defendant is not a person in emergency management service or person suffering injury or damage; or

(ii) if the plaintiff is unable to file an affidavit in accordance with item (i) of this paragraph, the plaintiff shall file an affidavit that states that:

1. the defendant is a person in emergency management service or person suffering injury or damage; or

2. the plaintiff is unable to determine whether the defendant is a person in emergency management service or person suffering injury or damage.

(2) If the plaintiff does not file an affidavit in accordance with paragraph (1)(i) of this subsection, judgment may not be entered until the court:

(i) orders entry of the judgment; and

(ii) appoints an attorney to represent the defendant in accordance with paragraph (3) of this subsection.

(3) The court on motion shall appoint an attorney to represent the defendant and to protect the defendant’s interests, if the defendant is a person in emergency management service or person suffering injury or damage.

(4) Unless the court finds that the defendant is not a person in emergency management service or person suffering injury or damage, the court before entering judgment may require that the plaintiff file a bond approved by the court to indemnify the defendant against any loss or damage that the defendant may suffer because of the judgment if all or part of the judgment is later set aside.

(5) The court may issue any other order or enter any judgment that the court considers necessary to protect the rights of the defendant under this subtitle.

(b) (1) If a person in emergency management service or person suffering injury or damage is party to a proceeding and does not personally appear in the proceeding or is not represented by an authorized attorney, the court may:

(i) appoint an attorney to represent the person;

(ii) require a bond to be filed like the bond required under subsection (a)(4) of this section; and

(iii) issue an order to protect the rights of the person.

(2) An attorney appointed under this subsection may not waive any right of the person for whom the attorney is appointed or bind the person by the attorney’s acts.

(c) (1) Not later than 90 days after a defendant ceased to be a person in emergency management service or person suffering injury or damage, the defendant or legal representative of the defendant may file with the court that entered a judgment against the defendant in a proceeding subject to this section a motion to open the judgment against the defendant if:

(i) the judgment was entered during the period that the defendant was, or within 30 days after the defendant ceased to be, a person in emergency management service or person suffering injury or damage; and

(ii) the court finds that the defendant:

1. was prejudiced in defending against the action because the person was a person in emergency management service or person suffering injury or damage; and

2. has a meritorious or legal defense against all or part of the action in which the judgment was entered.

(2) Vacating, setting aside, or reversing a judgment because of this subtitle does not impair any right or title acquired by a bona fide purchaser for value under the judgment.

(d) (1) At any stage of a proceeding in a court in which a person in emergency management service or person suffering injury or damage is a plaintiff or defendant:

(i) on its own initiative the court may stay the proceeding; and

(ii) except as provided in paragraph (3) of this subsection, the court shall stay the proceeding on motion by the person in emergency management service, person suffering injury or damage, or another person acting on behalf of that person.

(2) A proceeding may be stayed under this subsection during the period that the plaintiff or defendant is, or within 60 days after the plaintiff or defendant ceased to be, a person in emergency management service or person suffering injury or damage.

(3) The court need not issue a stay under this subsection if the court finds that being a person in emergency management service or person suffering injury or damage did not materially affect the ability of the plaintiff to prosecute the action or the ability of the defendant to conduct a defense.
Md. Code, Commercial Law § 14-5002 — MD Code / Article gcl / Title 14 / Subtitle 50 / Section 14-5002
§14–5002.
Status: in_force

(a) This section applies only to documentation, parts, embedded software, firmware, or tools that are necessary for an independent repair provider or owner to perform services with respect to the following parts:

(1) Batteries and battery chargers;

(2) Nonprogrammable joysticks;

(3) Joystick housings or brackets;

(4) Wheel assemblies;

(5) Nonpositioning accessories;

(6) Anti–tip devices;

(7) Except for positioning components designed for adjustment by a therapist or an assistive technology professional, armrests;

(8) Caster spheres;

(9) Cosmetic shrouding; and

(10) Nonpowered leg lowerers.

(b) Except as provided in subsection (d) of this section, to provide services for equipment in the State, a manufacturer shall, on fair and reasonable terms and costs, make available to an independent repair provider or owner of the manufacturer’s equipment any documentation, parts, embedded software, firmware, or tools that are intended for use with the equipment or any part, including updates to documentation, parts, embedded software, firmware, or tools.

(c) (1) For equipment that contains an electric security lock or other security–related functions, a manufacturer shall, on fair and reasonable terms and costs, make available to independent repair providers any documentation, parts, embedded software, firmware, or tools needed to reset the lock or function when disabled in the course of providing services.

(2) The manufacturer may make the documentation, parts, embedded software, firmware, or tools available to independent repair providers and owners through appropriate secure release systems.

(d) (1) The requirements of subsection (b) of this section do not apply to:

(i) A part that is no longer available to the original manufacturer; and

(ii) Conduct that would require the manufacturer to divulge a trade secret, unless compliance with subsection (b) of this section is necessary to provide services on the grounds that the documentation, part, embedded software, firmware, or tool is itself a trade secret.

(2) A manufacturer may make redactions to remove trade secrets from the documentation before providing the documentation if the usability of the redacted documentation is not diminished for purposes of providing services.

(e) A manufacturer is not liable for faulty or improper repairs provided by independent repair providers or owners, including faulty or improper repairs that cause:

(1) Damage to equipment that occurs during the repairs;

(2) Any direct, incidental, special, or consequential damages; or

(3) An inability to use, or a reduced functionality of, equipment that results from the faulty or improper repair.
Md. Code, Business Regulation § 14-112 — MD Code / Article gbr / Title 14 / Subtitle 1 / Section 14-112
§14–112.
Status: in_force

(a) A person is not excused from attending, testifying, or producing evidence before the Commissioner, in a proceeding brought by the Commissioner, or in obedience to a subpoena of the Commissioner on the ground that the testimony or evidence may:

(1) tend to incriminate the person; or

(2) subject the person to a penalty or forfeiture.

(b) (1) If a person claims the privilege against self-incrimination as to a specific subject, and is then compelled to testify or produce evidence on that subject, the person may not be prosecuted or subjected to a penalty or forfeiture in connection with that subject.

(2) A person who testifies is not exempt from prosecution and punishment for perjury or contempt committed while testifying.
Md. Code, Commercial Law § 14-3105 — MD Code / Article gcl / Title 14 / Subtitle 31 / Section 14-3105
§14–3105.
Status: in_force

(a) A violation of this subtitle is an unfair or deceptive trade practice within the meaning of Title 13 of this article and is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) In addition to being subject to the enforcement and penalty provisions contained in Title 13 of this article, a household goods mover that violates this subtitle is subject to any other civil or criminal action provided by law.
Md. Code, Health Occupations § 14-411 — MD Code / Article gho / Title 14 / Subtitle 4 / Section 14-411
§14–411.
Status: in_force

(a) In this section, “record” means the proceedings, records, or files of the Board or a disciplinary panel.

(b) Except as otherwise expressly provided in this section and § 14–411.1 of this subtitle, the Board, a disciplinary panel, or any of its other investigatory bodies may not disclose any information contained in a record.

(c) This section may not be construed to prevent or limit the disclosure of:

(1) General licensure, certification, or registration information maintained by the Board, if the request for release complies with the criteria of § 4–333 of the General Provisions Article;

(2) Profile information collected and disseminated under § 14–411.1 of this subtitle; or

(3) Personal and other identifying information of a licensee, as required by the National Practitioner Data Bank for participation in the proactive disclosure service.

(d) The Board shall disclose any information contained in a record to:

(1) A committee of a hospital, health maintenance organization, or related institution if:

(i) The committee of a medical hospital staff concerned with licensee discipline or other committee of a hospital, health maintenance organization, or related institution requests the information in writing;

(ii) A disciplinary panel has issued an order as to a licensee on whom the information is requested; and

(iii) The Board determines that the information requested is necessary for an investigation or action of the committee as to a medical privilege of a licensee; or

(2) The Secretary, the Office of Health Care Quality in the Department, the Maryland Health Care Commission, or the Health Services Cost Review Commission for the purpose of investigating quality or utilization of care in any entity regulated by the Office of Health Care Quality or the Health Services Cost Review Commission.

(e) Subsection (d)(2) of this section may not be construed to alter the authority of the Secretary under § 1–203(a) of this article or § 2–106(c) of the Health – General Article.

(f) (1) The Board shall notify all hospitals, health maintenance organizations, or other health care facilities where a licensee has privileges, has a provider contract with a health maintenance organization, or is employed of a complaint or report filed against that licensee, if:

(i) The Board determines, in its discretion, that the hospital, health maintenance organization, or health care facility should be informed about the report or complaint;

(ii) The nature of the complaint suggests a reasonable possibility of an imminent threat to patient safety; or

(iii) The complaint or report was as a result of a claim filed in the Health Care Alternative Dispute Resolution Office and a certificate of a qualified expert is filed in accordance with § 3–2A–04(b)(1) of the Courts Article.

(2) The Board shall disclose any information pertaining to a licensee’s competency to practice under the license contained in record to a committee of a hospital, health maintenance organization, or other health care facility if:

(i) The committee is concerned with licensee discipline and requests the information in writing; and

(ii) The Board has received a complaint or report pursuant to paragraph (1)(i) and (ii) of this subsection on the licensee on whom the information is requested.

(3) The Board shall, after formal action is taken pursuant to § 14–406 of this subtitle, notify those hospitals, health maintenance organizations, or health care facilities where the licensee has privileges, has a provider contract with a health maintenance organization, or is employed of its formal action within 10 days after the action is taken and shall provide the hospital, health maintenance organization, or health care facility with periodic reports as to enforcement or monitoring of a formal disciplinary order against a licensee within 10 days after receipt of those reports.

(g) On the request of a person who has made a complaint to the Board regarding a licensee, the Board shall provide the person with information on the status of the complaint.

(h) Following the filing of charges or notice of initial denial of license application, the Board shall disclose the filing to the public on the Board’s website.

(i) The Board may disclose any information contained in a record to a licensing or disciplinary authority of another state if:

(1) The licensing or disciplinary authority of another state that regulates licensees in that state requests the information in writing; and

(2) The disclosure of any information is limited to the pendency of an allegation of a ground for disciplinary or other action by a disciplinary panel until:

(i) The disciplinary panel has passed an order under § 14–406 of this subtitle; or

(ii) A licensee on whom the information is requested authorizes a disclosure as to the facts of an allegation or the results of an investigation before the Board.

(j) The Board may disclose any information contained in a record to a person if:

(1) A licensee on whom any information is requested authorizes the person to receive the disclosure;

(2) The person requests the information in writing; and

(3) The authorization for the disclosure is in writing.

(k) The Board may disclose any information contained in a record to the State Medical Assistance Compliance Administration, the Secretary of the U.S. Department of Health and Human Services or the Secretary’s designee, or any health occupational regulatory board if:

(1) (i) The State Medical Assistance Compliance Administration or any health occupational regulatory board requests the information in writing; or

(ii) The Secretary of the U.S. Department of Health and Human Services or the Secretary’s designee is entitled to receive the information or have access to the information under 42 U.S.C. § 1396r–2;

(2) (i) A disciplinary panel has issued an order under § 14–406 of this subtitle; or

(ii) An allegation is pending before the Board or a disciplinary panel; and

(3) The Board determines that the requested information is necessary for the proper conduct of the business of that administration or board.

(l) If the Board or a disciplinary panel determines that the information contained in a record concerns possible criminal activity, the Board or the disciplinary panel shall disclose the information to a law enforcement or prosecutorial official.

(m) The Board may permit inspection of records for which inspection otherwise is not authorized by a person who is engaged in a research project if:

(1) The researcher submits to the executive director and the Board approves a written request that:

(i) Describes the purpose of the research project;

(ii) Describes the intent, if any, to publish the findings;

(iii) Describes the nature of the requested personal records;

(iv) Describes the safeguards that the researcher would take to protect the identity of the persons in interest; and

(v) States that persons in interest will not be contacted unless the executive director approves and monitors the contact;

(2) The executive director is satisfied that the proposed safeguards will prevent the disclosure of the identity of persons in interest; and

(3) The researcher makes an agreement with the executive director that:

(i) Defines the scope of the research project;

(ii) Sets out the safeguards for protecting the identity of the persons in interest; and

(iii) States that a breach of any condition of the agreement is a breach of contract.

(n) On the request of a person who has testified in a Board or Office of Administrative Hearings proceeding, the Board shall provide to the person who testified a copy of the portion of the transcript of that person’s testimony.

(o) (1) The Board may publish a summary of any allegations of grounds for disciplinary or other action.

(2) A summary may not identify:

(i) Any person who makes an allegation to the Board or any of its investigatory bodies;

(ii) A licensee about whom an allegation is made; or

(iii) A witness in an investigation or a proceeding before the Board or any of its investigatory bodies.

(p) The Board shall disclose information in a record upon the request of the Governor, Secretary, or Legislative Auditor, in accordance with § 2–1223(a) of the State Government Article. However, the Governor, Secretary, or Auditor, or any of their employees may not disclose personally identifiable information from any of these records which are otherwise confidential by law.

(q) This section does not apply to:

(1) Any disclosure of a record by the Board to a disciplinary panel or any of its other investigatory bodies; or

(2) A licensee, certificate holder, or registration holder who has been charged under this title or a party to a proceeding before the Board or a disciplinary panel who claims to be aggrieved by the decision of the Board or the disciplinary panel.

(r) If any information contained in any medical or hospital document or any other exhibit is otherwise open for disclosure under law, the use of that document or exhibit in any record of the Board, a disciplinary panel, or any of its other investigatory bodies does not prevent its disclosure in any other proceeding.
Md. Code, State Finance and Procurement § 14-703 — MD Code / Article gsf / Title 14 / Subtitle 7 / Section 14-703
§14–703.
Status: in_force

(a) (1) Each unit shall structure procurement procedures, consistent with the purposes of this subtitle, to try to achieve an overall percentage goal of 20% of the unit’s total dollar value of procurement contracts for food being made directly or indirectly to certified local farms and certified Chesapeake invasive species providers.

(2) A unit may achieve the 20% goal through:

(i) competitive sealed bids and proposals; and

(ii) small procurement in accordance with § 13–109 of this article.

(3) For procurements conducted by competitive sealed bidding, a unit shall award the contract to the responsible bidder that submits the responsive bid that:

(i) 1. has the lowest bid price;

2. has the lowest evaluated bid price; or

3. for procurements subject to § 11–202(3) of this article, is the bid most favorable to the State; and

(ii) meets or makes a good faith effort to meet any applicable goal established under this subtitle.

(4) For procurements conducted by competitive sealed proposals, a unit shall award the contract to the responsible offeror:

(i) proposing the most advantageous offer; and

(ii) that meets or makes a good faith effort to meet any applicable goal established under this subtitle.

(b) The Office, in consultation with the Secretary of Agriculture, shall establish guidelines for each unit to consider when determining the appropriate local farm and Chesapeake invasive species provider participation percentage goal for a procurement contract for food in accordance with subsection (c) of this section.

(c) Each unit shall:

(1) consider the practical severability of all procurement contracts for food and, in accordance with § 11–201 of this article, may not bundle contracts;

(2) implement a program that will enable the unit to evaluate each procurement contract for food to determine the appropriate local farm and Chesapeake invasive species provider participation goals, if any, for the contract based on:

(i) the availability of certified local farms and certified Chesapeake invasive species providers to respond competitively to contract opportunities; and

(ii) the contract goal guidelines established under subsection (b) of this section;

(3) monitor and collect data with respect to a unit’s compliance with contract goals, including explanations for failing to meet contract goals; and

(4) institute corrective action when a unit does not make good faith efforts to comply with contract goals.

(d) The Office shall, in consultation with the Secretary of Agriculture, establish procedures governing how the participation of certified local farms and certified Chesapeake invasive species providers is counted toward contract goals under the Program.

(e) (1) (i) If a unit does not achieve the certified local farm and certified Chesapeake invasive species provider participation goals on a procurement contract for food, the unit shall demonstrate to the Office that the unit took all necessary and reasonable steps to achieve the goals.

(ii) A waiver of any part of the certified local farm and certified Chesapeake invasive species provider goals for a procurement contract for food shall be granted if a unit provides to the Office a reasonable demonstration of good faith efforts to achieve the goals.

(2) The Office may waive any of the requirements of this subsection relating to the establishment, use, and waiver of certified local farm and certified Chesapeake invasive species provider goals for a sole source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those requirements.

(3) Except for waivers granted in accordance with paragraph (2) of this subsection, when a waiver determination is made, the Office shall issue the determination in writing.

(4) On or before October 31 each year, the Office shall submit directly to the Board an annual report of waivers requested and waivers granted under this subsection.

(5) The report required under paragraph (4) of this subsection shall contain the following information on those procurement contracts for food where the Office considered a unit’s request for waiver of all or a portion of the local farm and Chesapeake invasive species provider goals:

(i) the contract titles, numbers, and dates;

(ii) the number of waiver requests received;

(iii) the number of waiver requests granted; and

(iv) any other information specifically requested by the Board.

(f) The Board shall keep a record of information regarding any waivers requested in accordance with this section and submit a copy of the record to the Senate Committee on Education, Energy, and the Environment and the House Health and Government Operations Committee on or before December 31 each year, in accordance with § 2–1257 of the State Government Article.
Md. Code, Public Safety § 14-309 — MD Code / Article gps / Title 14 / Subtitle 3 / Section 14-309
§14–309.
Status: in_force

(a) A person may not violate this subtitle or an order, rule, or regulation promulgated under this subtitle.

(b) In meeting the requirements of an order, rule, or regulation promulgated under this subtitle or in applying for a service or benefit provided by the State in the allocation or assignment of energy supplies, a person may not willfully:

(1) conceal a material fact;

(2) make a false, fictitious, or fraudulent statement or representation; or

(3) use a false writing or document that contains a false, fictitious, or fraudulent statement.

(c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.

(2) A violation of the Maryland Vehicle Law for which a penalty is provided is not subject to the penalties of this section.
Md. Code, Commercial Law § 14-305 — MD Code / Article gcl / Title 14 / Subtitle 3 / Section 14-305
§14–305.
Status: in_force

Any person who willfully violates any provision of this subtitle is guilty of a misdemeanor and, in addition to the injunctive relief provided for in Title 13, Subtitle 4 of this article, on conviction is subject to a fine of not more than $1,000 or imprisonment of not more than one year or both.
Md. Code, Environment § 14-107 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-107
§14–107.
Status: in_force

Notwithstanding any other law, a person may not drill for oil or gas in the waters of the Chesapeake Bay, any of its tributaries, or in the Chesapeake Bay Critical Area.
Md. Code, Public Safety § 14-115 — MD Code / Article gps / Title 14 / Subtitle 1 / Section 14-115
§14–115.
Status: in_force

This subtitle may be cited as the Maryland Emergency Management Act.
Md. Code, Tax - Property § 14-823 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-823
§14–823.
Status: in_force

The certificate of sale or assignment of the certificate of sale is presumptive evidence in all courts in all proceedings by and against the purchaser, and the purchaser’s representatives, heirs and assigns, of the truth of the statements in the certificate of sale or assignment of the certificate of sale, of the title of the purchaser to the property described in the certificate of sale or assignment of the certificate of sale, and of the regularity and validity of all proceedings had in reference to the taxes for the nonpayment of which the property was sold and the sale of the property.
Md. Code, Family Law § 14-103 — MD Code / Article gfl / Title 14 / Subtitle 1 / Section 14-103
§14–103.
Status: in_force

This title does not apply to:

(1) the abuse of a patient in a mental health facility, under Title 10 of the Health – General Article;

(2) the abuse of a patient in a facility for individuals with an intellectual disability under Title 7 of the Health – General Article;

(3) the abuse of a patient in a nursing home under Title 19 of the Health – General Article; or

(4) the abuse of a patient in a hospital under Title 19 of the Health – General Article.
Md. Code, State Finance and Procurement § 14-207 — MD Code / Article gsf / Title 14 / Subtitle 2 / Section 14-207
§14–207.
Status: in_force

(a) The unit may designate, for the Small Business Preference Program, procurement of certain supplies, services, or construction related services that have been requested through or with the approval of the head of the unit.

(b) The invitation for bids on a procurement that has been designated for a small business preference shall be sent to small businesses and regular bidders to establish a reasonable price range commensurate with current market conditions.

(c) A unit shall award a procurement contract designated for a small business preference to the small business that:

(1) is a responsible bidder; and

(2) submits the lowest responsive bid from a small business if the difference between that bid and the lowest responsive bid submitted by a responsible bidder who is not a small business does not exceed the percentage preference established under § 14–206 of this subtitle.
Md. Code, Land Use § 14-203 — MD Code / Article glu / Title 14 / Subtitle 2 / Section 14-203
§14–203.
Status: in_force

The requirement or authorization for a local jurisdiction to enact a local law to implement a provision of this division is not intended to alter in any way the form or legislative mechanism that the applicable enabling authority requires for the local jurisdiction to enact the local law, whether by ordinance, resolution, or otherwise, as of October 1, 2012.
Md. Code, Tax - Property § 14-866 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-866
§14–866.
Status: in_force

(a) If a request is made under § 14-865 of this subtitle, the Attorney General or attorney requested to initiate an action shall initiate the action.

(b) If the Attorney General and the Treasurer, or the collector, the chief fiscal officer, and the attorney of the county or municipal corporation agree that the full amount of the claim would be uncollectible, the Attorney General or attorney may:

(1) compromise the claim;

(2) accept a lesser amount on behalf of the collector or State Treasurer; and

(3) issue a release of the claim or satisfaction of the judgment.
Md. Code, Health Occupations § 14-603 — MD Code / Article gho / Title 14 / Subtitle 6 / Section 14-603
§14–603.
Status: in_force

A person may not make any false statement, report, or representation to the Board or a disciplinary panel.
Md. Code, Tax - Property § 14-820 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-820
§14–820.
Status: in_force

(a) The collector shall deliver to the purchaser a certificate of sale under the collector’s hand and seal, or by the collector’s authorized facsimile signature, acknowledged by the collector as a conveyance of land, which certificate shall set forth:

(1) that the property described in it was sold by the collector to the purchaser;

(2) the date of the sale;

(3) the amount for which the property was sold;

(4) the total amount of taxes due on the property at the time of sale together with interest, penalties and expenses incurred in making the sale;

(5) a description of the property in substantially the same form as the description appearing on the collector’s tax roll. If the property is unimproved or has no street number, and the collector has procured a description of the property from the county or municipal corporation surveyor, this description shall be included in the certificate of sale. In Garrett County a copy of the description as required by § 14–813(f) of this subtitle, as that section relates specifically to Garrett County, shall be included in the certificate of sale;

(6) a statement that the rate of redemption is 6% a year, except as provided in subsection (b) of this section;

(7) the time when an action to foreclose the right of redemption may be instituted; and

(8) (i) that the certificate will be void unless foreclosure proceedings are brought within 2 years from the date of the certificate; or

(ii) that, unless foreclosure proceedings are brought within 3 months from the date of the certificate to any abandoned property sold under § 14–817(c)(1) of this subtitle with a minimum bid less than the lien amount, the certificate:

1. is void as to a private purchaser; and

2. reverts to the Mayor and City Council of Baltimore City or the governing body of a county, or if the property is located in a municipal corporation, the governing body of the municipal corporation for a period of 2 years from the date of the tax sale.

(b) Subject to subsection (c) of this section, the rate of redemption is 6% a year except:

(1) in Allegany County the rate is 6% a year or as fixed by the County Commissioners;

(2) in Anne Arundel County the rate is 6% a year or as fixed by a law of the County Council;

(3) in Baltimore City the rate is 6% a year or as fixed by a law of the City Council;

(4) in Baltimore County the rate is 6% a year or as fixed by a law of the County Council;

(5) in Cecil County the rate is 6% a year or as fixed by the County Commissioners;

(6) in Calvert County the rate is 10% a year or as fixed by the County Commissioners;

(7) in Caroline County the rate is 10% a year or as fixed by the County Commissioners;

(8) in Carroll County the rate is 14% a year or as fixed by the County Commissioners;

(9) in Dorchester County the rate is 10% a year or as fixed by the County Commissioners;

(10) in Frederick County the rate is 6% a year or as fixed by the governing body of Frederick County;

(11) in Garrett County the rate is 10% a year or as fixed by the County Commissioners;

(12) in Harford County the rate is 6% a year or as fixed by a law of the County Council;

(13) in Howard County the rate is 6% a year or as fixed by a law of the County Council;

(14) in Kent County the rate is 6% a year or as fixed by the County Commissioners;

(15) in Montgomery County the rate is 6% a year or as fixed by a law of the County Council;

(16) in Prince George’s County the rate is 6% a year or as fixed by a law of the County Council;

(17) in Queen Anne’s County the rate is 6% a year or as fixed by the County Commissioners;

(18) in Somerset County, Charles County, Wicomico County, and Worcester County the rate is 6% a year or as fixed by the County Commissioners or by a law of the County Council;

(19) in Talbot County the rate is 6% a year or as fixed by a law of the County Council; and

(20) in Washington County the rate is 6% a year or as fixed by the County Commissioners.

(c) For owner–occupied residential property, the rate of redemption may not exceed 10% a year.

(d) The certificate of sale shall be in substantially the following form:

“I, .........., Collector of Taxes for the State of Maryland and the .......... of ........, certify that on ......., 20...., I sold to ........, at public auction for the sum of .......... Dollars and ......... Cents, of which ...... Dollars has been paid, the property in ......... described as ........ and assessed to ......... The property described in this certificate is subject to redemption. On redemption the holder of the certificate will be refunded the sums paid on account of the purchase price together with interest at the rate of 6% a year from the date of payment to the date of redemption (except as stated in § 14–820 of the Tax – Property Article of the Annotated Code of Maryland), together with all other amounts specified by Chapter 761 of the Acts of 1943, and acts that amend that chapter. The balance due on account of the purchase price and all taxes, together with interest and penalties on the taxes, accruing after the date of sale, must be paid to the Collector before a deed can be delivered to the purchaser. After .........., 20...., a proceeding can be brought to foreclose all rights of redemption in the property. This certificate will be void unless such a proceeding is brought within 2 years from the date of this certificate, except that with respect to any abandoned property sold under § 14–817(c) of the Tax – Property Article of the Annotated Code of Maryland with a minimum bid less than the lien amount, the certificate will revert to the Mayor and City Council of Baltimore City or the governing body of the county, or if the property is located in a municipal corporation, the governing body of the municipal corporation, and will be void as to the private purchaser at tax sale unless such a proceeding is brought within 3 months from the date of the certificate.

Witness my hand and seal, this ....... day of ......, 20...............

...............................

Collector”

(To be followed by acknowledgment).
Md. Code, State Finance and Procurement § 14-906 — MD Code / Article gsf / Title 14 / Subtitle 9 / Section 14-906
§14–906.
Status: in_force

In addition to the penalties established under § 14–905 of this subtitle, a person that willfully misrepresents or willfully omits any material matter in connection with an application or required disclosure for purposes of obtaining or retaining a contract or subcontract under this subtitle may be subject to:

(1) suspension or debarment under Title 16 of this article; or

(2) civil penalties under the Maryland False Claims Act.
Md. Code, State Finance and Procurement § 14-302 — MD Code / Article gsf / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

§14–302. IN EFFECT

// EFFECTIVE UNTIL JULY 1, 2026 PER CHAPTERS 620 AND 621 OF 2025 //

(a) (1) (i) 1. Except for leases of real property, each unit shall structure procurement procedures, consistent with the purposes of this subtitle, to try to achieve an overall percentage goal of the unit’s total dollar value of procurement contracts being made directly or indirectly to certified minority business enterprises.

2. Notwithstanding subsubparagraph 1 of this subparagraph, the following contracts may not be counted as part of a unit’s total dollar value of procurement contracts:

A. a procurement contract awarded in accordance with Subtitle 1 of this title;

B. a procurement contract awarded to a nonprofit entity in accordance with requirements mandated by State or federal law; and

C. a procurement by the Maryland Developmental Disabilities Administration of the Maryland Department of Health for family and individual support services, community residential services, resource coordination services, behavioral support services, vocational and day services, and respite services, as those terms are defined in regulations adopted by the Maryland Department of Health.

(ii) 1. The overall percentage goal shall be established on a biennial basis by the Special Secretary for the Office of Small, Minority, and Women Business Affairs, in consultation with the Secretary of Transportation, the Chief Procurement Officer, and the Attorney General.

2. During any year in which there is a delay in establishing the overall goal, the previous year’s goal will apply.

(iii) 1. In consultation with the Secretary of Transportation, the Chief Procurement Officer, and the Attorney General, the Special Secretary for the Office of Small, Minority, and Women Business Affairs shall establish guidelines on a biennial basis for each unit to consider while determining whether to set subgoals for the minority groups listed in § 14–301(k)(1)(i)1, 2, 3, 4, and 6 of this subtitle.

2. During any year in which there is a delay in establishing the subgoal guidelines, the previous year’s subgoal guidelines will apply.

(iv) 1. The Special Secretary for the Office of Small, Minority, and Women Business Affairs, in consultation with the Secretary of Transportation, the Chief Procurement Officer, and the Attorney General, shall establish goals and subgoal guidelines that, to the maximum extent feasible, approximate the level of minority business enterprise participation that would be expected in the absence of discrimination.

2. In establishing overall goals and subgoal guidelines, the Special Secretary for the Office of Small, Minority, and Women Business Affairs shall provide for public participation by consulting with minority, women’s, and general contractor groups, community organizations, and other officials or organizations that could be expected to have information concerning:

A. the availability of minority– and women–owned businesses;

B. the effects of discrimination on opportunities for minority– and women–owned businesses; and

C. the State’s operation of the Minority Business Enterprise Program.

(v) In establishing overall goals, the factors to be considered shall include:

1. the relative availability of minority– and women–owned businesses to participate in State procurement as demonstrated by the State’s most recent disparity study;

2. past participation of minority business enterprises in State procurement, except for procurement related to leases of real property; and

3. other factors that contribute to constitutional goal setting.

(vi) Notwithstanding § 12–101 of this article, the Special Secretary for the Office of Small, Minority, and Women Business Affairs shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article setting forth the State’s overall goal.

(2) The Special Secretary for the Office of Small, Minority, and Women Business Affairs, in consultation with the Secretary of Transportation, the Chief Procurement Officer, and the Attorney General, shall establish guidelines for each unit to consider when determining the appropriate minority business enterprise participation percentage goal for a procurement contract in accordance with paragraph (3) of this subsection.

(3) Each unit shall:

(i) consider the practical severability of all contracts and, in accordance with § 11–201 of this article, may not bundle contracts;

(ii) implement a program that will enable the unit to evaluate each contract to determine the appropriate minority business enterprise participation goals, if any, for the contract based on:

1. the potential subcontract opportunities available in the prime procurement contract;

2. the availability of certified minority business enterprises to respond competitively to the potential subcontract opportunities;

3. the contract goal guidelines established under paragraph (2) of this subsection;

4. the subgoal guidelines established under paragraph (1)(iii) of this subsection; and

5. other factors that contribute to constitutional goal setting;

(iii) monitor and collect data with respect to prime contractor compliance with contract goals; and

(iv) institute corrective action when prime contractors do not make good–faith efforts to comply with contract goals.

(4) Units may not use quotas or any project goal–setting process that:

(i) solely relies on the State’s overall numerical goal, or any other jurisdiction’s overall numerical goal; or

(ii) fails to incorporate the analysis outlined in paragraph (3)(ii) of this subsection.

(5) (i) A woman who is also a member of an ethnic or racial minority group may be certified in that category in addition to the gender category.

(ii) For purposes of achieving the goals in this subsection, a certified minority business enterprise may participate in a procurement contract and be counted as a woman–owned business, a business owned by a member of an ethnic or racial group, or both, if the business has been certified in both categories.

(6) Each unit shall meet the maximum feasible portion of the State’s overall goal established in accordance with this subsection by using race–neutral measures to facilitate minority business enterprise participation in the procurement process.

(7) If a unit establishes minority business enterprise participation goals for a contract, a contractor, including a contractor that is a certified minority business enterprise, shall:

(i) identify specific work categories appropriate for subcontracting;

(ii) at least 10 days before bid opening, solicit minority business enterprises, through written notice that:

1. describes the categories of work under item (i) of this paragraph; and

2. provides information regarding the type of work being solicited and specific instructions on how to submit a bid;

(iii) attempt to make personal contact with the firms in item (ii) of this paragraph;

(iv) offer to provide reasonable assistance to minority business enterprises to fulfill bonding requirements or to obtain a waiver of those requirements;

(v) in order to publicize contracting opportunities to minority business enterprises, attend prebid or preproposal meetings or other meetings scheduled by the unit; and

(vi) upon acceptance of a bid or proposal, provide the unit with a list of minority businesses with whom the contractor negotiated, including price quotes from minority and nonminority firms.

(8) (i) Subject to subparagraph (ii) of this paragraph, a unit may consider modifying the minority business participation goal on a procurement contract:

1. at any time prior to contract execution; or

2. after contract execution, when determined to be in the best interest of the State.

(ii) Before a unit may consider modifying a minority business participation goal under subparagraph (i) of this paragraph, the unit shall:

1. make a determination that there has been a change in the factors established under paragraph (3) of this subsection;

2. use the factors established under paragraph (3) of this subsection to determine the percentage modification to the minority business participation goal; and

3. obtain the agreement of the contractor, including any reasonable pricing considerations.

(9) The Special Secretary for the Office of Small, Minority, and Women Business Affairs shall:

(i) in consultation with the Secretary of Transportation, the Chief Procurement Officer, and the Attorney General, establish procedures governing how the participation of minority business enterprise prime contractors is counted toward contract goals; and

(ii) notwithstanding § 12–101 of this article, adopt regulations setting forth the procedures established in accordance with this paragraph.

(10) (i) 1. If a contractor, including a certified minority business enterprise, does not achieve all or a part of the minority business enterprise participation goals on a contract, the unit shall make a finding of whether the contractor has demonstrated that the contractor took all necessary and reasonable steps to achieve the goals, including compliance with paragraph (7) of this subsection.

2. A waiver of any part of the minority business enterprise goals for a contract shall be granted if a contractor provides a reasonable demonstration of good–faith efforts to achieve the goals.

(ii) If the unit determines that a waiver should be granted in accordance with subparagraph (i) of this paragraph, the unit may not require the contractor to renegotiate any subcontract in order to achieve a different result.

(iii) The head of the unit may waive any of the requirements of this subsection relating to the establishment, use, and waiver of contract goals for a sole source, expedited, or emergency procurement in which the public interest cannot reasonably accommodate use of those requirements.

(iv) 1. Except for waivers granted in accordance with subparagraph (iii) of this paragraph, when a waiver determination is made, the unit shall issue the determination in writing.

2. The head of the unit shall:

A. keep one copy of the waiver determination and the reasons for the determination; and

B. forward one copy of the waiver determination to the Governor’s Office of Small, Minority, and Women Business Affairs.

(v) On or before July 31 of each year, each unit shall submit directly to the Board of Public Works and the Governor’s Office of Small, Minority, and Women Business Affairs an annual report of waivers requested and waivers granted under this paragraph.

(vi) The report required under subparagraph (v) of this paragraph shall contain the following information on those contracts where the unit considered a contractor’s request for waiver of all or a portion of the minority business enterprise goals:

1. the contract titles, numbers, and dates;

2. the number of waiver requests received;

3. the number of waiver requests granted; and

4. any other information specifically requested by the Board.

(11) (i) This paragraph applies to a bidder or offeror after submission of a bid or proposal and before the execution of a contract with an expected degree of minority business enterprise participation.

(ii) 1. If a unit’s procurement officer determines that a deficiency exists in the minority business enterprise participation schedule, the procurement officer shall notify the bidder or offeror of the deficiency and require the bidder or offeror to submit an amended minority business enterprise participation schedule within a reasonable time period.

2. A determination under subsubparagraph 1 of this subparagraph shall be made in consultation with the unit’s minority business enterprise liaison.

3. As directed by the notification made under subsubparagraph 1 of this subparagraph, the bidder or offeror shall submit an amended minority business enterprise participation schedule correcting the deficiency identified.

(12) (i) This paragraph applies after execution of a contract with an expected degree of minority business enterprise participation.

(ii) The minority business enterprise participation schedule, including any amendment, shall be attached to and made a part of the executed contract.

(iii) 1. A. Except as provided in subsubsubparagraph B of this subsubparagraph, for purposes of this subparagraph, good cause for removal of a certified minority business enterprise after contract execution includes documented nonperformance by the minority business enterprise or election by the certified minority business enterprise to cease work on the contract.

B. Failure of a certified minority business enterprise to provide a bond requested by a contractor in violation of § 13–227 of this article may not be considered nonperformance by the minority business enterprise.

2. A contractor may not terminate or otherwise cancel the contract of a certified minority business enterprise subcontractor listed in the minority business enterprise participation schedule without showing good cause and obtaining the prior written consent of the minority business enterprise liaison and approval of the head of the unit.

3. The unit shall send a copy of the written consent obtained under subsubparagraph 2 of this subparagraph to the Governor’s Office of Small, Minority, and Women Business Affairs.

(iv) A minority business enterprise participation schedule may be amended to modify minority business enterprise participation after the date of contract execution only if:

1. it is in the best interest of the State;

2. it is approved by the head of the unit; and

3. the contract is amended.

(13) If, during the performance of a contract, a certified minority business enterprise contractor or subcontractor becomes ineligible to participate in the Minority Business Enterprise Program because one or more of its owners has a personal net worth that exceeds the amount specified in § 14–301(k)(3) of this subtitle:

(i) that ineligibility alone may not cause the termination of the certified minority business enterprise’s contractual relationship for the remainder of the term of the contract; and

(ii) the certified minority business enterprise’s participation under the contract shall continue to be counted toward the program and contract goals.

(14) (i) Except as provided in subparagraph (ii) of this paragraph, a nonprofit entity participating as a minority business enterprise on a procurement contract awarded by a unit before July 1, 2015, may continue to participate in the contract until the contract expires or otherwise terminates, including all options, renewals, and other extensions.

(ii) 1. The nonprofit entity’s participation may not be counted toward achieving the minority business enterprise participation goals in this subsection.

2. The unit may not require that a certified minority business enterprise be substituted for the nonprofit entity in order to meet the minority business enterprise goals for the procurement contract.

(15) (i) For purposes of this paragraph and paragraph (16) of this subsection, “regular dealer”:

1. means a firm that owns, operates, or maintains a store, a warehouse, or any other establishment in which the materials, supplies, articles, or equipment are of the general character described by the specifications required under the contract and are bought, kept in stock, or regularly sold or leased to the public in the usual course of business; and

2. does not include a packager, a broker, a manufacturer’s representative, or any other person that arranges or expedites transactions.

(ii) A unit may apply only 60% of the costs of the materials and supplies provided by the certified minority business enterprise if the certified minority business enterprise is a regular dealer for purposes of achieving the minority business enterprise contract goal.

(16) With respect to materials or supplies purchased from a certified minority business enterprise that is neither a manufacturer nor a regular dealer:

(i) a unit may apply the entire amount of fees or commissions charged for assistance in the procurement of the materials and supplies, fees, or transportation charges for the delivery of materials and supplies required on a procurement toward minority business enterprise contract goals, provided a unit determines the fees to be reasonable and not excessive as compared with fees customarily allowed for similar services; and

(ii) a unit may not apply any portion of the costs of the materials and supplies toward minority business enterprise goals.

(b) (1) The provisions of §§ 14–301(f) and 14–303 of this subtitle and subsection (a) of this section are inapplicable to the extent that any unit determines the provisions to be in conflict with any applicable federal program requirement.

(2) The determination under this subsection shall be included with the report required under § 14–305 of this subtitle.
Md. Code, Estates and Trusts § 14-616 — MD Code / Article get / Title 14 / Subtitle 6 / Section 14-616
§14–616.
Status: reserved

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

(2) “Grantor trust” means a trust as to which a settlor of a first trust is considered the owner under 26 U.S.C. §§ 671 through 677 or § 679.

(3) “Internal Revenue Code” means Title 26 of the United States Code.

(4) “Nongrantor trust” means a trust that is not a grantor trust.

(5) “Qualified benefits property” means property subject to the minimum distribution requirements of 26 U.S.C. § 401(a)(9), any applicable regulations, or similar requirements.

(6) (i) “Tax benefit” means a federal or State tax deduction, exemption, exclusion, or other benefit.

(ii) “Tax benefit” does not include a benefit arising from being a grantor trust.

(b) (1) If the first trust contains property that qualified, or would have qualified but for any provision of this subtitle other than this section, for a marital deduction for purposes of the gift tax or estate tax under the Internal Revenue Code or a State gift, estate, or inheritance tax, the second trust instrument may not include or omit any term that, if included in or omitted from the trust instrument for the trust to which property was transferred, would have prevented the transfer from qualifying for the deduction or would have reduced the amount of the deduction under the provisions of the Internal Revenue Code or State law under which the transfer qualified.

(2) If the first trust contains property that qualified, or would have qualified but for any provision of this subtitle other than this section, for a charitable deduction for purposes of the income, gift, or estate tax under the Internal Revenue Code or a State income, gift, estate, or inheritance tax, the second trust instrument may not include or omit any term that, if included in or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying for the deduction or would have reduced the amount of the deduction under the same provisions of the Internal Revenue Code or State law under which the transfer qualified.

(3) (i) If the first trust contains property that qualified, or would have qualified but for any provision of this subtitle other than this section, for the exclusion from the gift tax described in 26 U.S.C. § 2503(b), the second trust instrument may not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. § 2503(b).

(ii) If the first trust contains property that qualified, or would have qualified but for any provision of this subtitle other than this section, for the exclusion from the gift tax described in 26 U.S.C. § 2503(b) by application of 26 U.S.C. § 2503(c), the second trust instrument may not include or omit a term that, if included or omitted from the trust instrument for the trust to which the property was transferred, would have prevented the transfer from qualifying under 26 U.S.C. § 2503(c).

(4) (i) If the property of the first trust includes shares of stock in an S corporation, as defined in the Internal Revenue Code, and the first trust is, or would be but for any provision of this subtitle other than this section, a permitted shareholder under any provision of 26 U.S.C. § 1361, an authorized fiduciary may exercise the decanting power with respect to part or all of the S corporation stock only if any second trust receiving the stock is a permitted shareholder under 26 U.S.C. § 1361(c)(2).

(ii) If the property of the first trust includes shares of stock in an S corporation, as defined in the Internal Revenue Code, and the first trust is, or would be but for any provision of this subtitle other than this section, a qualified subchapter S trust within the meaning of 26 U.S.C. § 1361(d), the second trust instrument may not include or omit a term that prevents the second trust from qualifying as a qualified subchapter S trust.

(5) If the first trust contains property that qualified, or would have qualified but for any provision of this subtitle other than this section, for a zero inclusion ratio for purposes of the generation–skipping transfer tax under 26 U.S.C. § 2642(c), the second trust instrument may not include or omit a term that, if included or omitted from the first trust instrument, would have prevented the transfer to the first trust from qualifying for a zero inclusion ratio under 26 U.S.C. § 2642(c).

(6) (i) If the first trust is directly or indirectly the beneficiary of qualified benefits property, the second trust instrument may not include or omit any term that, if included in or omitted from the first trust instrument, would have increased the minimum distributions required with respect to the qualified benefits property under 26 U.S.C. § 401(a)(9) and any applicable regulation or similar requirements.

(ii) If an attempted exercise of the decanting power violates this paragraph:

1. The trustee is deemed to have held the qualified benefits property and any reinvested distributions of the property as a separate share from the date of the exercise of the decanting power; and

2. § 14–619 of this subtitle applies to the separate share.

(7) If the first trust qualifies as a grantor trust because of the application of 26 U.S.C. § 672(f)(2)(A), the second trust may not include or omit a term that, if included or omitted from the first trust instrument, would have prevented the first trust from qualifying under 26 U.S.C. § 672(f)(2)(A).

(8) Subject to paragraph (9) of this subsection, a second trust instrument may not include or omit a term that, if included or omitted from the first trust instrument, would have prevented qualification for a tax benefit if:

(i) 1. The first trust instrument expressly indicates an intent to qualify for the benefit; or

2. The first trust instrument is clearly designed to enable the first trust to qualify for the benefit; and

(ii) The transfer of property held by the first trust or the first trust qualified, or would have qualified but for any provision of this subtitle other than this section, for the tax benefit.

(9) Except as otherwise provided in this subsection, the second trust may be a nongrantor trust or a grantor trust.

(10) An authorized fiduciary may not exercise the decanting power if a settlor objects in a signed record delivered within the notice period to the fiduciary and:

(i) 1. The first trust and a second trust are both grantor trusts, in whole or in part;

2. The first trust grants the settlor or another person the power to cause the first trust to cease to be a grantor trust; and

3. The second trust does not grant an equivalent power to the settlor or other person; or

(ii) The first trust is a nongrantor trust and a second trust is a grantor trust, in whole or in part, with respect to the settlor, unless:

1. The settlor has the power at all times to cause the second trust to cease to be a grantor trust; or

2. A. The first trust instrument contains a provision granting the settlor or another person a power that would cause the first trust to cease to be a grantor trust; and

B. The second trust instrument contains the same provision.
Md. Code, Health Occupations § 14-3A-01 — MD Code / Article gho / Title 14 / Subtitle 3A / Section 14-3A-01
§14–3A–01.
Status: in_force

§14–3A–01. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTER 313 OF 2022 //

The Interstate Medical Licensure 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:

SECTION 1. PURPOSE

In order to strengthen access to health care, and in recognition of the advances in the delivery of health care, the member states of the Interstate Medical Licensure Compact have allied in common purpose to develop a comprehensive process that complements the existing licensing and regulatory authority of state medical boards, and provides a streamlined process that allows physicians to become licensed in multiple states, thereby enhancing the portability of a medical license and ensuring the safety of patients. The Compact creates another pathway for licensure and does not otherwise change a state’s existing Medical Practice Act. The Compact also adopts the prevailing standard for licensure and affirms that the practice of medicine occurs where the patient is located at the time of the physician–patient encounter, and therefore requires the physician to be under the jurisdiction of the state medical board where the patient is located. State medical boards that participate in the Compact retain the jurisdiction to impose an adverse action against a license to practice medicine in that state issued to a physician through the procedures in the Compact.

SECTION 2. DEFINITIONS

In this Compact:

(a) “Bylaws” means those bylaws established by the Interstate Commission pursuant to Section 11 for its governance, or for directing and controlling its actions and conduct.

(b) “Commissioner” means the voting representative appointed by each member board pursuant to Section 11.

(c) “Conviction” means a finding by a court that an individual is guilty of a criminal offense through adjudication, or entry of a plea of guilt or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court shall be considered final for purposes of disciplinary action by a member board.

(d) “Expedited License” means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the Compact.

(e) “Interstate Commission” means the Interstate Commission created pursuant to Section 11.

(f) “License” means authorization by a state for a physician to engage in the practice of medicine, which would be unlawful without the authorization.

(g) “Medical Practice Act” means the laws and regulations governing the practice of allopathic and osteopathic medicine within a member state.

(h) “Member Board” means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation, and education of physicians as directed by the state government.

(i) “Member State” means a state that has enacted the Compact.

(j) “Offense” means a felony, gross misdemeanor, or crime of moral turpitude.

(k) “Physician” means any person who:

(1) Is a graduate of a medical school accredited by the Liaison Committee on Medical Education, the Commission on Osteopathic College Accreditation, or a medical school listed in the International Medical Education Directory or its equivalent;

(2) Passed each component of the United States Medical Licensing Examination (USMLE) or the Comprehensive Osteopathic Medical Licensing Examination (COMLEX–USA) within three attempts, or any of its predecessor examinations accepted by a state medical board as an equivalent examination for licensure purposes;

(3) Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association;

(4) Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board;

(5) Has never been convicted of or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(6) Has never held a license authorizing the practice of medicine subjected to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license;

(7) Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and

(8) Is not under active investigation by a licensing agency or law enforcement authority in any state, federal, or foreign jurisdiction.

(l) “Practice of Medicine” means the clinical prevention, diagnosis, or treatment of human disease, injury, or condition requiring a physician to obtain and maintain a license in compliance with the Medical Practice Act of a member state.

(m) “Rule” means a written statement by the Interstate Commission promulgated pursuant to Section 12 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 Interstate Commission, and has the force and effect of statutory law in a member state, and includes the amendment, repeal, or suspension of an existing rule.

(n) “State” means any state, commonwealth, district, or territory of the United States.

(o) “State of Principal License” means a member state where a physician holds a license to practice medicine and that has been designated as such by the physician for purposes of registration and participation in the Compact.

SECTION 3. ELIGIBILITY

(a) (1) In order to receive an initial expedited license under the terms and provisions of the Compact, a physician must:

(i) Meet the eligibility requirements as defined in Section 2(k); and

(ii) Hold specialty certification or a time–unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association’s Bureau of Osteopathic Specialists.

(2) A physician is not required to maintain specialty certification described under paragraph (1)(ii) of this subsection in order to renew an expedited license under Section 6.

(b) A physician who does not meet the requirements of Section 2(k) may obtain a license to practice medicine in a member state if the individual complies with all laws and requirements, other than the Compact, relating to the issuance of a license to practice medicine in that state.

SECTION 4. DESIGNATION OF STATE OF PRINCIPAL LICENSE

(a) A physician shall designate a member state as the state of principal license for purposes of registration for expedited licensure through the Compact if the physician possesses a full and unrestricted license to practice medicine in that state, and the state is:

(1) The state of primary residence for the physician;

(2) The state where at least 25% of the practice of medicine occurs;

(3) The location of the physician’s employer; or

(4) If no state qualifies under items (1), (2), or (3), the state designated as state of residence for purpose of federal income tax.

(b) A physician may redesignate a member state as state of principal license at any time, as long as the state meets the requirements in subsection (a).

(c) The Interstate Commission is authorized to develop rules to facilitate redesignation of another member state as the state of principal license.

SECTION 5. APPLICATION AND ISSUANCE OF EXPEDITED LICENSURE

(a) A physician seeking licensure through the Compact shall file an application for an expedited license with the member board of the state selected by the physician as the state of principal license.

(b) (1) On receipt of an application for an expedited license, the member board within the state selected as the state of principal license shall evaluate whether the physician is eligible for expedited licensure and issue a letter of qualification, verifying or denying the physician’s eligibility, to the Interstate Commission.

(2) Static qualifications, which include verification of medical education, graduate medical education, results of any medical or licensing examination, and other qualifications as determined by the Interstate Commission through rule, may not be subject to additional primary source verification where already primary source verified by the state of principal license.

(3) (i) The member board within the state selected as the state of principal license shall, in the course of verifying eligibility, require the applicant to obtain a criminal background check as required under § 14–308.1 of this title, including the use of the results of fingerprint or other biometric data checks compliant with the requirements of the Federal Bureau of Investigation, with the exception of federal employees who have suitability determination in accordance with U.S. C.F.R. § 731.202.

(ii) The member board may not disclose to the Interstate Commission any information received from the Federal Bureau of Investigation that is provided in a background check of an applicant performed under this paragraph.

(4) An appeal on the determination of eligibility shall be made to the member state, if an appeal is allowed under the laws of that state, where the application was filed and shall be subject to the law of that state.

(c) On verification in subsection (b), physicians eligible for an expedited license shall complete the registration process established by the Interstate Commission to receive a license in a member state selected pursuant to subsection (a), including the payment of any applicable fees.

(d) After receiving verification of eligibility under subsection (b) and any fees under subsection (c), a member board shall issue an expedited license to the physician. This license shall authorize the physician to practice medicine in the issuing state consistent with the Medical Practice Act and all applicable laws and regulations of the issuing member board and member state.

(e) An expedited license shall be valid for a period consistent with the licensure period in the member state and in the same manner as required for other physicians holding a full and unrestricted license within the member state.

(f) An expedited license obtained through the Compact shall be terminated if a physician fails to maintain a license in the state of principal license for a nondisciplinary reason, without redesignation of a new state of principal license.

(g) The Interstate Commission is authorized to develop rules regarding the application process, including payment of any applicable fees, and the issuance of an expedited license.

SECTION 6. FEES FOR EXPEDITED LICENSURE

(a) A member state issuing an expedited license authorizing the practice of medicine in that state may impose a fee for a license issued or renewed through the Compact.

(b) The Interstate Commission is authorized to develop rules regarding fees for expedited licenses.

SECTION 7. RENEWAL AND CONTINUED PARTICIPATION

(a) A physician seeking to renew an expedited license granted in a member state shall complete a renewal process with the Interstate Commission if the physician:

(1) Maintains a full and unrestricted license in a state of principal license;

(2) Has not been convicted of or received adjudication, deferred adjudication, community supervision, or deferred disposition for any offense by a court of appropriate jurisdiction;

(3) Has not had a license authorizing the practice of medicine subject to discipline by a licensing agency in any state, federal, or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; and

(4) Has not had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration.

(b) Physicians shall comply with all continuing professional development or continuing medical education requirements for renewal of a license issued by a member state and shall attest to the member board about the physician’s compliance.

(c) The Interstate Commission shall collect any renewal fees charged for the renewal of a license and distribute the fees to the applicable member board.

(d) On receipt of any renewal fees collected in subsection (c), a member board shall renew the physician’s license.

(e) Physician information collected by the Interstate Commission during the renewal process will be distributed to all member boards.

(f) The Interstate Commission is authorized to develop rules to address renewal of licenses obtained through the Compact.

SECTION 8. COORDINATED INFORMATION SYSTEM

(a) The Interstate Commission shall establish a database of all physicians licensed, or who have applied for licensure, under Section 5.

(b) Notwithstanding any other provision of law, member boards shall report to the Interstate Commission any public action or complaints against a licensed physician who has applied or received an expedited license through the Compact.

(c) Member boards shall report disciplinary or investigatory information determined as necessary and proper by rule of the Interstate Commission.

(d) Member boards may report any nonpublic complaint, disciplinary, or investigatory information not required by subsection (c) to the Interstate Commission.

(e) Member boards shall share complaint or disciplinary information about a physician on request of another member board.

(f) All information provided to the Interstate Commission or distributed by member boards shall be confidential, filed under seal, and used only for investigatory or disciplinary matters.

(g) The Interstate Commission is authorized to develop rules for mandated or discretionary sharing of information by member boards.

SECTION 9. JOINT INVESTIGATIONS

(a) Licensure and disciplinary records of physicians are deemed investigative.

(b) In addition to the authority granted to a member board by its respective Medical Practice Act or other applicable state law, a member board may participate with other member boards in joint investigations of physicians licensed by the member boards.

(c) A subpoena issued by a member state shall be enforceable in other member states.

(d) Member boards may share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.

(e) Any member state may investigate actual or alleged violations of the statutes authorizing the practice of medicine in any other member state in which a physician holds a license to practice medicine.

SECTION 10. DISCIPLINARY ACTIONS

(a) Any disciplinary action taken by any member board against a physician licensed through the Compact shall be deemed unprofessional conduct that may be subject to discipline by other member boards, in addition to any violation of the Medical Practice Act or regulations in that state.

(b) If a license granted to a physician by the member board in the state of principal license is revoked, surrendered or relinquished in lieu of discipline, or suspended, then all licenses issued to the physician by member boards shall automatically be placed, without further action necessary by any member board, on the same status. If the member board in the state of principal license subsequently reinstates the physician’s license, a license issued to the physician by any other member board shall remain encumbered until that respective member board takes action to reinstate the license in a manner consistent with the Medical Practice Act of that state.

(c) If disciplinary action is taken against a physician by a member board not in the state of principal license, any other member board may deem the action conclusive as to matter of law and fact decided, and:

(1) Impose the same or lesser sanction(s) against the physician so long as such sanctions are consistent with the Medical Practice Act of that state; or

(2) Pursue separate disciplinary action against the physician under its respective Medical Practice Act, regardless of the action taken in other member states.

(d) If a license granted to a physician by a member board is revoked, surrendered or relinquished in lieu of discipline, or suspended, then any license(s) issued to the physician by any other member board(s) shall be suspended, automatically and immediately without further action necessary by the other member board(s), for ninety (90) days on entry of the order by the disciplining board, to permit the member board(s) to investigate the basis for the action under the Medical Practice Act of that state. A member board shall waive the automatic suspension of the license it issued unless the member board:

(1) Finds that the public health, safety, or welfare imperatively requires emergency action; and

(2) Promptly gives the licensee:

(i) Written notice of the suspension, the finding, and the reasons that support the finding; and

(ii) An opportunity to be heard.

SECTION 11. INTERSTATE MEDICAL LICENSURE COMPACT COMMISSION

(a) The member states hereby create the “Interstate Medical Licensure Compact Commission”.

(b) The purpose of the Interstate Commission is the administration of the Interstate Medical Licensure Compact, which is a discretionary state function.

(c) The Interstate Commission shall be a body corporate and joint agency of the member states and shall have all the responsibilities, powers, and duties set forth in the Compact, and such additional powers as may be conferred on it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the Compact.

(d) The Interstate Commission shall consist of two voting representatives appointed by each member state who shall serve as Commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A Commissioner shall be:

(1) An allopathic or osteopathic physician appointed to a member board;

(2) An executive director, executive secretary, or similar executive of a member board; or

(3) A member of the public appointed to a member board.

(e) The Interstate Commission shall meet at least once each calendar year. A portion of this meeting shall be a business meeting to address such matters as may properly come before the Commission, including the election of officers. The chairperson may call additional meetings and shall call for a meeting on the request of a majority of the member states.

(f) The bylaws may provide for meetings of the Interstate Commission to be conducted by telecommunication or electronic communication.

(g) Each Commissioner participating at a meeting of the Interstate Commission is entitled to one vote. A majority of Commissioners shall constitute a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the Interstate Commission. A Commissioner shall not delegate a vote to another Commissioner. In the absence of its Commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who shall meet the requirements of subsection (d).

(h) The Interstate Commission shall provide public notice of all meetings and all meetings shall be open to the public. The Interstate Commission may close a meeting, in full or in portion, where it determines by a two–thirds vote of the Commissioners present that an open meeting would be likely to:

(1) Relate solely to the internal personnel practices and procedures of the Interstate Commission;

(2) Discuss matters specifically exempted from disclosure by federal statute;

(3) Discuss trade secrets or commercial or financial information that is privileged or confidential;

(4) Involve accusing a person of a crime, or formally censuring a person;

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

(6) Discuss investigative records compiled for law enforcement purposes; or

(7) Specifically relate to the participation in a civil action or other legal proceeding.

(i) The Interstate Commission shall keep minutes that shall fully describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, including record of any roll call votes.

(j) The Interstate Commission shall make its information and official records, to the extent not otherwise designated in the Compact or by its rules, available to the public for inspection.

(k) The Interstate Commission shall establish an executive committee, which shall include officers, members, and others as determined by the bylaws. The executive committee shall have the power to act on behalf of the Interstate Commission, with the exception of rulemaking, during periods when the Interstate Commission is not in session. When acting on behalf of the Interstate Commission, the executive committee shall oversee the administration of the Compact including enforcement and compliance with the provisions of the Compact, its bylaws and rules, and other such duties as necessary.

(l) The Interstate Commission may establish other committees for governance and administration of the Compact.

SECTION 12. POWERS AND DUTIES OF THE INTERSTATE COMMISSION

The Interstate Commission shall have the duty and power to:

(1) Oversee and maintain the administration of the Compact;

(2) Promulgate rules that shall be binding to the extent and in the manner provided for in the Compact;

(3) Issue, on the request of a member state or member board, advisory opinions concerning the meaning or interpretation of the Compact, its bylaws, rules, and actions;

(4) Enforce compliance with Compact provisions, the rules promulgated by the Interstate Commission, and the bylaws, using all necessary and proper means, including but not limited to the use of judicial process;

(5) Establish and appoint committees including, but not limited to, an executive committee as required by Section 11, which shall have the power to act on behalf of the Interstate Commission in carrying out its powers and duties;

(6) Pay, or provide for the payment of the expenses related to the establishment, organization, and ongoing activities of the Interstate Commission;

(7) Establish and maintain one or more offices;

(8) Borrow, accept, hire, or contract for services of personnel;

(9) Purchase and maintain insurance and bonds;

(10) Employ an executive director who shall have such powers to employ, select or appoint employees, agents, or consultants, and to determine their qualifications, define their duties, and fix their compensation;

(11) Establish personnel policies and programs relating to conflicts of interest, rates of compensation, and qualifications of personnel;

(12) Accept donations and grants of money, equipment, supplies, materials and services, and to receive, utilize, and dispose of it in a manner consistent with the conflict of interest policies established by the Interstate Commission;

(13) Lease, purchase, accept contributions or donations of, or otherwise to own, hold, improve or use, any property, real, personal, or mixed;

(14) Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property, real, personal, or mixed;

(15) Establish a budget and make expenditures;

(16) Adopt a seal and bylaws governing the management and operation of the Interstate Commission;

(17) Report annually to the legislatures and governors of the member states concerning the activities of the Interstate Commission during the preceding year. Such reports shall also include reports of financial audits and any recommendations that may have been adopted by the Interstate Commission;

(18) Coordinate education, training, and public awareness regarding the Compact, its implementation, and its operation;

(19) Maintain records in accordance with the bylaws;

(20) Seek and obtain trademarks, copyrights, and patents; and

(21) Perform such functions as may be necessary or appropriate to achieve the purposes of the Compact.

SECTION 13. FINANCE POWERS

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

(b) The Interstate Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same.

(c) The Interstate Commission shall not pledge the credit of any of the member states, except by, and with the authority of, the member state.

(d) The Interstate Commission shall be subject to a yearly financial audit conducted by a certified or licensed public accountant and the report of the audit shall be included in the annual report of the Interstate Commission.

SECTION 14. ORGANIZATION AND OPERATION OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall, by a majority of Commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact within twelve (12) months of the first Interstate Commission meeting.

(b) The Interstate Commission shall elect or appoint annually from among its Commissioners a chairperson, a vice–chairperson, and a treasurer, each of whom shall have such authority and duties as may be specified in the bylaws. The chairperson, or in the chairperson’s absence or disability, the vice–chairperson, shall preside at all meetings of the Interstate Commission.

(c) Officers selected in subsection (b) shall serve without remuneration from the Interstate Commission.

(d) (1) The officers and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error, or omission that occurred, or that such person had a reasonable basis for believing occurred, within the scope of Interstate Commission employment, duties, or responsibilities; provided that such person shall not be protected from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(2) The liability of the executive director and employees of the Interstate Commission or representatives of the Interstate Commission, acting within the scope of such person’s employment or duties for acts, errors, or omissions occurring within such person’s state, may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees, and agents. The Interstate Commission is considered to be an instrumentality of the states for the purposes of any such action. Nothing in this subsection shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

(3) The Interstate Commission shall defend the executive director, its employees, and subject to the approval of the attorney general or other appropriate legal counsel of the member state represented by an Interstate Commission representative, shall defend such Interstate Commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such person.

(4) To the extent not covered by the state involved, member state, or the Interstate Commission, the representatives or employees of the Interstate Commission shall be held harmless in the amount of a settlement or judgment, including attorney’s fees and costs, obtained against such persons arising out of an actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from intentional or willful and wanton misconduct on the part of such persons.

SECTION 15. RULEMAKING FUNCTIONS OF THE INTERSTATE COMMISSION

(a) The Interstate Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the Compact. Notwithstanding the foregoing, in the event the Interstate Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Interstate Commission shall be invalid and have no force or effect.

(b) Rules deemed appropriate for the operations of the Interstate Commission shall be made pursuant to a rulemaking process that substantially conforms to the “Model State Administrative Procedure Act” of 2010, and subsequent amendments thereto.

(c) Not later than thirty (30) days after a rule is promulgated, any person may file a petition for judicial review of the rule in the United States District Court for the District of Columbia or the federal district where the Interstate Commission has its principal offices, provided that the filing of such a petition shall not stay or otherwise prevent the rule from becoming effective unless the court finds that the petitioner has a substantial likelihood of success. The court shall give deference to the actions of the Interstate Commission consistent with applicable law and shall not find the rule to be unlawful if the rule represents a reasonable exercise of the authority granted to the Interstate Commission.

SECTION 16. OVERSIGHT OF INTERSTATE COMPACT

(a) The executive, legislative, and judicial branches of state government in each member state shall enforce the Compact and shall take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of the Compact and the rules promulgated hereunder shall have standing as statutory law but shall not override existing state authority to regulate the practice of medicine.

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

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

SECTION 17. ENFORCEMENT OF INTERSTATE COMPACT

(a) The Interstate Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of the Compact.

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

(c) The remedies herein shall not be the exclusive remedies of the Interstate Commission. The Interstate Commission may avail itself of any other remedies available under state law or the regulation of a profession.

SECTION 18. DEFAULT PROCEDURES

(a) The grounds for default include, but are not limited to, failure of a member state to perform such obligations or responsibilities imposed on it by the Compact, or the rules and bylaws of the Interstate Commission promulgated under the Compact.

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

(1) Provide written notice to the defaulting state and other member states, of the nature of the default, the means of curing the default, and any action taken by the Interstate Commission. The Interstate Commission shall specify the conditions by which the defaulting state must cure its default; and

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

(c) If the defaulting state fails to cure the default, the defaulting state shall be terminated from the Compact on an affirmative vote of a majority of the Commissioners and all rights, privileges, and benefits conferred by the Compact shall terminate on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of the default.

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

(e) The Interstate Commission shall establish rules and procedures to address licenses and physicians that are materially impacted by the termination of a member state, or the withdrawal of a member state.

(f) The member state that has been terminated is responsible for all dues, obligations, and liabilities incurred through the effective date of termination including obligations, the performance of which extends beyond the effective date of termination.

(g) The Interstate Commission may not bear any costs relating to any state that has been found to be in default or that has been terminated from the Compact, unless otherwise mutually agreed on in writing between the Interstate Commission and the defaulting state.

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

SECTION 19. DISPUTE RESOLUTION

(a) The Interstate Commission shall attempt, on the request of a member state, to resolve disputes that are subject to the Compact and that may arise among member states or member boards.

(b) The Interstate Commission shall promulgate rules providing for both mediation and binding dispute resolution as appropriate.

SECTION 20. MEMBER STATES, EFFECTIVE DATE AND AMENDMENT

(a) Any state is eligible to become a member state of the Compact.

(b) The Compact shall become effective and binding on legislative enactment of the Compact into law by no less than seven (7) states. Thereafter, it shall become effective and binding on a state on enactment of the Compact into law by that state.

(c) The governors of nonmember states, or their designees, shall be invited to participate in the activities of the Interstate Commission on a nonvoting basis prior to adoption of the Compact by all states.

(d) The Interstate Commission may propose amendments to the Compact for enactment by the member states. No amendment shall become effective and binding on the Interstate Commission and the member states unless and until it is enacted into law by unanimous consent of the member states.

SECTION 21. WITHDRAWAL

(a) Once effective, the Compact shall continue in force and remain binding on each and every member state; provided that a member state may withdraw from the Compact by specifically repealing the statute that enacted the Compact into law.

(b) Withdrawal from the Compact shall be by the enactment of a statute repealing the same, but may not take effect until one (1) year after the effective date of such statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state.

(c) The withdrawing state shall immediately notify the chairperson of the Interstate Commission in writing on the introduction of legislation repealing the Compact in the withdrawing state.

(d) The Interstate Commission shall notify the other member states of the withdrawing state’s intent to withdraw within sixty (60) days of its receipt of notice provided under subsection (c).

(e) The withdrawing state is responsible for all dues, obligations, and liabilities incurred through the effective date of withdrawal, including obligations, the performance of which extend beyond the effective date of withdrawal.

(f) Reinstatement following withdrawal of a member state shall occur on the withdrawing state reenacting the Compact or on such later date as determined by the Interstate Commission.

(g) The Interstate Commission is authorized to develop rules to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license.

SECTION 22. DISSOLUTION

(a) The Compact shall dissolve effective on the date of the withdrawal or default of the member state that reduces the membership in the Compact to one (1) member state.

(b) On the dissolution of the Compact, the Compact becomes null and void and shall be of no further force or effect, and the business and affairs of the Interstate Commission shall be concluded and surplus funds shall be distributed in accordance with the bylaws.

SECTION 23. SEVERABILITY AND CONSTRUCTION

(a) The provisions of the Compact shall be severable, and if any phrase, clause, sentence, or provision is deemed unenforceable, the remaining provisions of the Compact shall be enforceable.

(b) The provisions of the Compact shall be liberally construed to effectuate its purposes.

(c) Nothing in the Compact shall be construed to prohibit the applicability of other interstate compacts to which the states are members.

SECTION 24. BINDING EFFECT OF COMPACT AND OTHER LAWS

(a) Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.

(b) All laws in a member state in conflict with the Compact are superseded to the extent of the conflict.

(c) All lawful actions of the Interstate Commission, including all rules and bylaws promulgated by the Commission, are binding on the member states.

(d) All agreements between the Interstate Commission and the member states are binding in accordance with their terms.

(e) In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, such provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.
Md. Code, Insurance § 14-612 — MD Code / Article gin / Title 14 / Subtitle 6 / Section 14-612
§14–612.
Status: in_force

The Commissioner shall adopt regulations to carry out the provisions of this subtitle.
Md. Code, Public Safety § 14-406 — MD Code / Article gps / Title 14 / Subtitle 4 / Section 14-406
§14–406.
Status: in_force

(a) Each law, ordinance, resolution, or regulation of the State, a political subdivision of the State, or a unit of State or local government that relates to or concerns an actual or threatened emergency or military or warlike catastrophe may be applied during the effective period of an official proclamation by the Governor that declares all or part of the particular area to be in an actual or threatened emergency area.

(b) This section does not qualify or reduce the powers of emergency management agencies that are effective without the existence of an emergency or proclamation by the Governor.
Md. Code, Business Occupations and Professions § 14-504 — MD Code / Article gbo / Title 14 / Subtitle 5 / Section 14-504
§14–504.
Status: reserved

(a) Other than a professional engineer who obtains a seal as authorized under this title, a person may not use or attempt to use a seal.

(b) While the license of an individual is suspended, revoked, or expired, a person may not endorse a document, as provided under § 14-402 of this title, with the name or seal of the individual.
Md. Code, Health Occupations § 14-301 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-301
§14–301.
Status: in_force

Except as otherwise provided in this title or § 13-516 of the Education Article, an individual shall be licensed by the Board before the individual may practice medicine in this State.
Md. Code, Health Occupations § 14-5F-28 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-28
§14–5F–28.
Status: in_force

If a naturopathic doctor is engaged in the private practice of naturopathic medicine in the State, the naturopathic doctor shall display the notice developed under § 1–207 of this article conspicuously in each office where the naturopathic doctor is engaged in practice.
Md. Code, Business Occupations and Professions § 14-302 — MD Code / Article gbo / Title 14 / Subtitle 3 / Section 14-302
§14–302.
Status: in_force

(a) An officer or employee of a corporation may practice engineering without a license if:

(1) the corporation is engaged in research and development engineering for the federal government; and

(2) the work of the officer or employee relates to that research and development engineering.

(b) An officer or employee of a corporation may practice engineering without a license if:

(1) the corporation is engaged in:

(i) manufacturing;

(ii) industrial processes;

(iii) industrial engineering; or

(iv) maintenance and repair of structures or equipment used in industrial processes or manufacturing; and

(2) the work of the officer or employee relates to the products or systems of the corporation or its subsidiaries or affiliates.

(c) An officer or employee of a corporation may practice engineering under this section only as the practice relates to the officer’s or employee’s work for the corporation.
Md. Code, Business Occupations and Professions § 14-503 — MD Code / Article gbo / Title 14 / Subtitle 5 / Section 14-503
§14–503.
Status: in_force

A person may not:

(1) use or attempt to use the license of another individual; or

(2) impersonate another individual who holds a license.
Md. Code, Health Occupations § 14-504 — MD Code / Article gho / Title 14 / Subtitle 5 / Section 14-504
§14–504.
Status: in_force

(a) This section does not apply to a dentist performing acupuncture in connection with the practice of dentistry if the dentist is licensed or otherwise authorized to practice dentistry under Title 4 of this article.

(b) Unless licensed under Title 1A of this article, a physician shall be registered by the Board before the physician may perform acupuncture in this State.

(c) The Board shall register to perform acupuncture any physician who meets the following requirements:

(1) (i) Successful completion of at least 200 hours of training in a program of study in acupuncture, including any examinations required under the program, approved for category 1 continuing medical education credit by an institution accredited or recognized by the Accreditation Council on Continuing Medical Education; or

(ii) Successful completion of a course of study approved by the Board which includes at least 200 hours of instruction in:

1. General and basic aspects of acupuncture;

2. Specific uses and techniques of acupuncture; and

3. Indications and contraindications of acupuncture administration;

(2) Ability to communicate in the English language;

(3) Payment of application and registration fees; and

(4) Other reasonable conditions determined by the Board.

(d) A physician who is registered under this section may perform acupuncture on or off the premises of the physician’s office.

(e) A physician who performs acupuncture may advertise only as permitted by the rules and regulations of the Board.

(f) The Board may adopt rules and regulations to carry out the provisions of this section.

(g) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of its quorum, may reprimand or place a physician who performs acupuncture on probation or suspend or revoke the registration of a physician for:

(1) Any conduct prohibited under the provisions of this section or prohibited under any regulation adopted pursuant to the provisions of this section;

(2) Except in an emergency life–threatening situation where it is not feasible or practicable, failing to comply with the Centers for Disease Control and Prevention’s guidelines on universal precautions; or

(3) Failing to display the notice required under subsection (h) of this section.

(h) If a physician who performs acupuncture is engaged in the private practice of acupuncture in this State, the physician who performs acupuncture shall display the notice developed under § 1-207 of this article conspicuously in each office where the physician is engaged in practice.
Md. Code, Education § 14-109 — MD Code / Article ged / Title 14 / Subtitle 1 / Section 14-109
§14–109.
Status: in_force

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

(2) “Computer-based instructional technology” has the meaning stated in § 12-101 of this article.

(3) “Technology” has the meaning stated in § 12-101 of this article.

(b) (1) Except as provided in § 11-203(e) of the State Finance and Procurement Article, the University is exempt from Division II of the State Finance and Procurement Article.

(2) (i) Subject to review and approval by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly, the Board of Regents shall develop policies and procedures governing procurements by the University.

(ii) The policies and procedures developed under subparagraph (i) of this paragraph shall promote the purposes of the State procurement law as set forth in § 11-201 of the State Finance and Procurement Article.

(c) The Board of Regents shall develop an information technology plan for the University that includes information technology policies and standards, including policies and standards for information management and telecommunication systems, that are functionally compatible with the State Information Technology Plan established under Title 3, Subtitle 4 of the State Finance and Procurement Article.

(d) By January 1, 2007, the Board of Regents shall develop a nonvisual access clause for use in the procurement of computer-based instructional technology.

(e) The nonvisual access clause developed under subsection (d) of this section shall be consistent with the standards developed by the Department of Budget and Management in accordance with the provisions of § 3-412 of the State Finance and Procurement Article.
Md. Code, Health Occupations § 14-405 — MD Code / Article gho / Title 14 / Subtitle 4 / Section 14-405
§14–405.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board or a disciplinary panel takes any action under § 14–404(a) of this subtitle or § 14–205(b)(3), § 14–5A–17(a), § 14–5B–14(a), § 14–5C–17(a), § 14–5D–14(a), § 14–5E–16(a), § 14–5F–18, or § 14–5G–18(a) of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before a hearing officer.

(b) (1) The hearing officer shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(2) Factual findings shall be supported by a preponderance of the evidence.

(c) The individual may be represented at the hearing by counsel.

(d) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the hearing officer may hear and refer the matter to the Board or a disciplinary panel for disposition.

(e) After performing any necessary hearing under this section, the hearing officer shall refer proposed factual findings to the Board or a disciplinary panel for the Board’s or disciplinary panel’s disposition.

(f) The Board may adopt regulations to govern the taking of depositions and discovery in the hearing of charges.

(g) The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred prior to the filing of charges.
Md. Code, Agriculture § 14-303 — MD Code / Article gag / Title 14 / Subtitle 3 / Section 14-303
§14–303.
Status: in_force

(a) There is a Hemp Farming Program.

(b) The purpose of the Program is to:

(1) Promote the production of hemp in the State;

(2) Promote the commercial sale of hemp products in the State or outside the State;

(3) Facilitate the research of hemp and hemp products between institutions of higher education and the private sector; and

(4) Monitor and regulate the production of hemp in the State.

(c) The Department shall administer the Program.
Md. Code, Commercial Law § 14-4A-13 — MD Code / Article gcl / Title 14 / Subtitle 4A / Section 14-4A-13
§14–4A–13.
Status: in_force

(a) A violation of this subtitle:

(1) Is an unfair or deceptive trade practice within the meaning of Title 13 of this article; and

(2) Except for § 13–410 of this article, is subject to the enforcement and penalty provisions contained in Title 13 of this article.

(b) A warrantor that violates the provisions of this subtitle is subject to a fine of $500 for each violation, not exceeding $10,000 for all violations.

(c) For purposes of this section, each individual failure to comply with the requirements of this subtitle is a separate violation.
Md. Code, Commercial Law § 14-1910 — MD Code / Article gcl / Title 14 / Subtitle 19 / Section 14-1910
§14–1910.
Status: in_force

(a) Any person claiming against the surety bond for a violation of this subtitle may maintain an action against the credit services business and against the surety.

(b) The surety shall be liable only for actual damages and not for the punitive damages permitted under § 14-1912 of this subtitle.

(c) The aggregate liability of the surety to all persons damaged by a credit services business’s violation of this subtitle may not exceed the amount of the surety bond.
Md. Code, Commercial Law § 14-3801 — MD Code / Article gcl / Title 14 / Subtitle 38 / Section 14-3801
§14–3801.
Status: in_force

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

(b) “Consumer” means an individual who, individually or in conjunction with another individual, is solicited for, applies for, or receives a refund anticipation loan or refund anticipation check.

(c) “Creditor” means a person who makes a refund anticipation loan or who takes an assignment of a refund anticipation loan.

(d) (1) “Facilitator” means a person who, individually or in conjunction or cooperation with another person:

(i) Processes, receives, or accepts an application or agreement for a refund anticipation loan or refund anticipation check;

(ii) Services or collects on a refund anticipation loan or refund anticipation check; or

(iii) Facilitates the making of a refund anticipation loan or refund anticipation check.

(2) “Facilitator” does not include:

(i) A bank, savings and loan association, or credit union;

(ii) An affiliate or subsidiary of a bank, savings and loan association, or credit union that, in connection with refund anticipation loans or refund anticipation checks, acts solely as a servicer for the financial institution with which it is affiliated or of which it is a subsidiary; or

(iii) A person who acts solely as an intermediary and does not deal with the public in the making of a refund anticipation loan or refund anticipation check.

(e) “Refund anticipation check” means a check, stored value card, or other payment mechanism:

(1) That represents the proceeds of a consumer’s tax refund;

(2) That was issued by a depository institution or other person that received a direct deposit of the consumer’s tax refund; and

(3) For which the consumer has paid a fee or other consideration.

(f) (1) “Refund anticipation loan” means a loan arranged to be paid directly or indirectly from the proceeds of a consumer’s tax refund.

(2) “Refund anticipation loan” includes a sale, assignment, or purchase of a consumer’s tax refund at a discount or for a fee, whether or not the consumer is required to repay the buyer or assignee if the Internal Revenue Service denies or reduces the consumer’s tax refund.

(g) (1) “Refund anticipation loan fee” means any charge, fee, or other consideration charged or imposed directly or indirectly for the making of or in connection with a refund anticipation loan.

(2) “Refund anticipation loan fee” includes a charge, fee, or other consideration for a deposit account that is used for receipt of a consumer’s tax refund to repay the amount owed on a refund anticipation loan.
Md. Code, Health Occupations § 14-5A-09 — MD Code / Article gho / Title 14 / Subtitle 5A / Section 14-5A-09
§14–5A–09.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good moral character.

(c) The applicant shall be at least 18 years old.

(d) The applicant shall:

(1) Meet any educational, training, or examination requirements established by the Board including:

(i) Graduation from an appropriate educational program as determined by the Board; and

(ii) Certification by a national certifying board approved by the Board; and

(2) Demonstrate oral and written competency in English as required by the Board.

(e) The applicant shall complete a criminal history records check in accordance with § 14–308.1 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 14-2004 — MD Code / Article gab / Title 14 / Subtitle 20 / Section 14-2004
§14–2004.
Status: in_force

(a) A holder of a Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(b) A holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(c) A holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday from 6 a.m. to 2 a.m. the following day.

(d) A holder of a Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday from 6 a.m. to 2 a.m. the following day.
Md. Code, Criminal Procedure § 14-113 — MD Code / Article gcp / Title 14 / Subtitle 1 / Section 14-113
§14–113.
Status: in_force

The State Prosecutor shall meet and confer regularly with the Attorney General and the State’s Attorneys.
Md. Code, Commercial Law § 14-4701 — MD Code / Article gcl / Title 14 / Subtitle 47 / Section 14-4701
§14–4701.
Status: in_force

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

(b) “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with another person, such that the person:

(1) Owns or has the power to vote more than 50% of the outstanding shares of any voting class of the other person’s securities;

(2) Has the power to elect or influence the election of a majority of the directors, members, or managers of the other person;

(3) Has the power to direct the management of the other person; or

(4) Is subject to the other person’s exercise of the powers described in item (1), (2), or (3) of this subsection.

(c) “Authenticate” means to use reasonable means to determine that a request to exercise a consumer right in accordance with § 14–4705 of this subtitle is being made by, or on behalf of, a consumer who is entitled to exercise the consumer right with respect to the personal data at issue.

(d) (1) “Biometric data” means data generated by automatic measurements of the biological characteristics of a consumer that can be used to uniquely authenticate a consumer’s identity.

(2) “Biometric data” includes:

(i) A fingerprint;

(ii) A voice print;

(iii) An eye retina or iris image; and

(iv) Any other unique biological characteristics that can be used to uniquely authenticate a consumer’s identity.

(3) “Biometric data” does not include:

(i) A digital or physical photograph;

(ii) An audio or video recording; or

(iii) Any data generated from a digital or physical photograph or an audio or video recording, unless the data is generated to identify a specific consumer.

(e) “Business associate” has the meaning stated in HIPAA.

(f) “Child” has the meaning stated in COPPA.

(g) (1) “Consent” means a clear affirmative act signifying a consumer’s freely given, specific, informed, and unambiguous agreement to allow the processing of personal data relating to the consumer for a particular purpose.

(2) “Consent” includes:

(i) A written statement;

(ii) A written statement by electronic means; or

(iii) Any other unambiguous affirmative action.

(3) “Consent” does not include:

(i) Acceptance of a general or broad terms of use or similar document that contains descriptions of personal data processing along with other unrelated information;

(ii) Hovering over, muting, pausing, or closing a piece of content; or

(iii) Agreement obtained through the use of dark patterns.

(h) (1) “Consumer” means an individual who is a resident of the State.

(2) “Consumer” does not include:

(i) An individual acting in a commercial or employment context; or

(ii) An individual acting as an employee, an owner, a director, an officer, or a contractor of a company, a partnership, a sole proprietorship, a nonprofit organization, or a governmental unit whose communications or transactions with a controller occur only within the context of the individual’s role with the company, partnership, sole proprietorship, nonprofit organization, or governmental unit.

(i) (1) “Consumer health data” means personal data that a controller uses to identify a consumer’s physical or mental health status.

(2) “Consumer health data” includes data related to:

(i) Gender–affirming treatment; or

(ii) Reproductive or sexual health care.

(j) “Control” means:

(1) Ownership of or the power to vote more than 50% of the outstanding shares of any class of voting security of a business;

(2) Any manner of control over the election of a majority of the directors of a business, or individuals exercising similar functions; or

(3) The power to exercise a controlling influence over the management of a business.

(k) “Controller” means a person that, alone or jointly with others, determines the purpose and means of processing personal data.

(l) “COPPA” means the federal Children’s Online Privacy Protection Act of 1998 and the regulations, rules, guidance, and exemptions adopted under the Act, and as the Act and the regulations, rules, guidance, and exemptions may be amended.

(m) “Covered entity” has the meaning stated in HIPAA.

(n) (1) “Dark pattern” means a user interface designed or manipulated with the substantial effect of subverting user autonomy, decision making, or choice.

(2) “Dark pattern” includes any practice the Federal Trade Commission refers to as a “dark pattern”.

(o) “Decisions that produce legal or similarly significant effects concerning the consumer” means decisions that result in the provision or denial of:

(1) Financial or lending services;

(2) Housing;

(3) Education enrollment or opportunity;

(4) Criminal justice;

(5) Employment opportunities;

(6) Health care services; or

(7) Access to essential goods or services.

(p) “De–identified data” has the meaning stated in § 14–4401 of this title.

(q) “Gender–affirming treatment” has the meaning stated in § 15–151(a) of the Health – General Article.

(r) “Genetic data” has the meaning stated in § 14–4401 of this title.

(s) (1) “Geofence” means technology that establishes a virtual geographical boundary.

(2) “Geofence” includes boundaries that are established or monitored through the use of:

(i) Global positioning technology;

(ii) Cell tower connectivity;

(iii) Cellular data;

(iv) Radio frequency identification;

(v) Wireless fidelity technology; or

(vi) Any other form of location determination technology.

(t) “HIPAA” means the federal Health Insurance Portability and Accountability Act of 1996.

(u) “Identified or identifiable consumer” means a consumer who can readily be identified, either directly or indirectly.

(v) “Mental health facility” means a health care facility in which not less than 70% of health care services offered are mental health services.

(w) (1) “Personal data” means any information that is linked or can be reasonably linked to an identified or identifiable consumer.

(2) “Personal data” does not include:

(i) De–identified data; or

(ii) Publicly available information.

(x) (1) “Precise geolocation data” means information derived from technology that can precisely and accurately identify the specific location of a consumer within a radius of 1,750 feet.

(2) “Precise geolocation data” includes global positioning system level latitude and longitude coordinates or other similar mechanisms.

(3) “Precise geolocation data” does not include:

(i) The content of communications;

(ii) Data generated by or connected to an advanced utility metering infrastructure system; or

(iii) Data generated by equipment used by a utility company.

(y) (1) “Process” means an operation or set of operations performed by manual or automated means on personal data.

(2) “Process” includes collecting, using, storing, disclosing, analyzing, deleting, or modifying personal data.

(z) “Processor” means a person that processes personal data on behalf of a controller.

(aa) “Profiling” means any form of automated processing performed on personal data to evaluate, analyze, or predict personal aspects related to an identified or identifiable consumer’s economic situation, health, demographic characteristics, personal preferences, interests, reliability, behavior, location, or movements.

(bb) “Protected health information” has the meaning stated in HIPAA.

(cc) (1) “Publicly available information” means information that a person:

(i) Lawfully obtains from a record of a governmental entity;

(ii) Reasonably believes a consumer or widely distributed media have lawfully made available to the general public; or

(iii) If the consumer has not restricted the information to a specific audience, obtains from a person to whom the consumer disclosed the information.

(2) “Publicly available information” does not include biometric data collected by a business about a consumer without the consumer’s knowledge.

(dd) “Reproductive or sexual health care” means a health care–related service or product rendered or provided concerning a consumer’s reproductive system or sexual well–being, including:

(1) A service or product provided related to an individual health condition, status, disease, diagnosis, test, or treatment;

(2) A social, psychological, behavioral, or medical intervention;

(3) A surgery or procedure;

(4) The purchase or use of a medication, including a medication purchased or used for the purposes of an abortion;

(5) A service or product related to a bodily function, vital sign, or symptom;

(6) A measurement of a bodily function, vital sign, or symptom; and

(7) An abortion, and medical and nonmedical services, products, diagnostics, counseling, and follow–up services for an abortion.

(ee) “Reproductive or sexual health care facility” means a health care facility where not less than 70% of services offered are reproductive or sexual health care services.

(ff) (1) “Sale of personal data” means the exchange of personal data by a controller, a processor, or an affiliate of a controller or processer to a third party for monetary or other valuable consideration.

(2) “Sale of personal data” does not include:

(i) The disclosure of personal data to a processor that processes personal data on behalf of a controller if limited to the purposes of the processing;

(ii) The disclosure of personal data to a third party for purposes of providing a product or service affirmatively requested by the consumer;

(iii) The disclosure or transfer of personal data to an affiliate of the controller;

(iv) The disclosure of personal data where the consumer:

1. Directs the controller to disclose the personal data; or

2. Intentionally uses the controller to interact with a third party;

(v) The disclosure of personal data that the consumer:

1. Intentionally made available to the general public through a channel of mass media; and

2. Did not restrict to a specific audience; or

(vi) The disclosure or transfer of personal data to a third party as an asset that is part of an actual or proposed merger, acquisition, bankruptcy, or other transaction where the third party assumes control of all or part of the controller’s assets.

(gg) “Sensitive data” means personal data that includes:

(1) Data revealing:

(i) Racial or ethnic origin;

(ii) Religious beliefs;

(iii) Consumer health data;

(iv) Sex life;

(v) Sexual orientation;

(vi) Status as transgender or nonbinary;

(vii) National origin; or

(viii) Citizenship or immigration status;

(2) Genetic data or biometric data;

(3) Personal data of a consumer that the controller knows or has reason to know is a child; or

(4) Precise geolocation data.

(hh) (1) “Targeted advertising” means displaying advertisements to a consumer or on a device identified by a unique identifier, where the advertisement is selected based on personal data obtained or inferred from the consumer’s activities over time and across nonaffiliated websites or online applications that are unaffiliated with each other, in order to predict the consumer’s preferences or interests.

(2) “Targeted advertising” does not include:

(i) Advertisements based on the context of a consumer’s current search query, visit to a website, or online application;

(ii) Advertisements based on a consumer’s activities within a controller’s websites or online applications;

(iii) Advertisements directed to a consumer in response to the consumer’s request for information or feedback; or

(iv) Processing personal data solely to measure or report advertising frequency, performance, or reach.

(ii) “Third party” means a person other than the relevant consumer, controller, processor, or affiliate of the controller or processor of relevant personal data.

(jj) “Trade secret” has the meaning stated in § 11–1201 of this article.
Md. Code, Commercial Law § 14-4302 — MD Code / Article gcl / Title 14 / Subtitle 43 / Section 14-4302
§14–4302.
Status: in_force

There is a Senior and Vulnerable Adult Asset Recovery Unit in the Office of the Attorney General.
Md. Code, Tax - Property § 14-817.1 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-817.1
§14–817.
Status: in_force

§14–817.1.

(a) Within 60 days after a property is sold at a tax sale, the collector shall send to the person who last appears as owner of the property on the collector’s tax roll, at the last address shown on the tax roll, a notice that includes:

(1) a statement that the property has been sold to satisfy unpaid taxes;

(2) the date of the tax sale;

(3) the amount of the highest bid;

(4) the lien amount on the property at the time of sale;

(5) a statement that the owner has the right to redeem the property until a court forecloses that right;

(6) a statement that the purchaser of the property may institute an action to foreclose the property:

(i) as early as 6 months from the date of the sale; or

(ii) if a government agency certifies that the property requires, or shall require, substantial repair to comply with applicable business codes, as early as 60 days from the date of the sale;

(7) a statement that if the property is redeemed before an action to foreclose the right of redemption is filed, the amount that shall be paid to redeem the property is:

(i) the total lien amount on the property at the time of sale, with interest;

(ii) any taxes, interest, and penalties paid by the holder of the certificate of sale; and

(iii) for property that is not owner–occupied residential property, any delinquent taxes, interest, and penalties accruing after the date of the tax sale;

(8) a statement that, if the property is redeemed more than 4 months after the date of the tax sale, and before an action to foreclose the right of redemption is filed, the holder of the certificate of sale may be reimbursed for:

(i) attorney’s fees for recording the certificate of sale;

(ii) a title search fee, not to exceed $250; and

(iii) reasonable attorney’s fees, not to exceed $500;

(9) a statement that, if the property is redeemed after an action to foreclose the right of redemption has been filed, the amount that shall be paid to redeem the property is the sum of:

(i) the total lien amount on the property at the time of sale, with interest;

(ii) any taxes, interest, and penalties paid by the holder of the certificate of sale;

(iii) for property that is not owner–occupied residential property, any delinquent taxes, interest, and penalties accruing after the date of the tax sale; and

(iv) attorney’s fees and expenses to which the holder of the certificate of sale may be entitled under § 14–843(a)(4) and (5) of this subtitle; and

(10) the provisions of § 14–843(a) of this subtitle, reproduced as they appear in the Code.

(b) The notice required under subsection (a) of this section shall be sent by first–class mail.

(c) The mailing required under this section shall include a separate insert that includes all of the information required under § 14–812(b) of this subtitle.
Md. Code, State Finance and Procurement § 14-501 — MD Code / Article gsf / Title 14 / Subtitle 5 / Section 14-501
§14–501.
Status: in_force

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

(b) “Certification agency” has the meaning stated in § 14–301 of this title.

(c) “Economically disadvantaged individual” has the meaning stated in § 14–301 of this title.

(d) “Small business” means:

(1) a certified minority business enterprise, as defined in § 14–301 of this title, that meets the criteria specified under item (3) of this subsection;

(2) a veteran–owned small business enterprise, as defined in § 14–601 of this title, that meets the criteria specified under item (3) of this subsection; or

(3) a business, other than a broker, that meets the following criteria:

(i) the business is independently owned and operated;

(ii) the business is not a subsidiary of another business;

(iii) the business is not dominant in its field of operation; and

(iv) 1. A. the wholesale operations of the business did not employ more than 50 persons in its most recently completed 3 fiscal years;

B. the retail operations of the business did not employ more than 25 persons in its most recently completed 3 fiscal years;

C. the manufacturing operations of the business did not employ more than 100 persons in its most recently completed 3 fiscal years;

D. the service operations of the business did not employ more than 100 persons in its most recently completed 3 fiscal years;

E. the construction operations of the business did not employ more than 50 persons in its most recently completed 3 fiscal years; and

F. the architectural and engineering services of the business did not employ more than 100 persons in its most recently completed 3 fiscal years; or

2. A. the gross sales of the wholesale operations of the business did not exceed an average of $4,000,000 in its most recently completed 3 fiscal years;

B. the gross sales of the retail operations of the business did not exceed an average of $3,000,000 in its most recently completed 3 fiscal years;

C. the gross sales of the manufacturing operations of the business did not exceed an average of $2,000,000 in its most recently completed 3 fiscal years;

D. the gross sales of the service operations of the business did not exceed an average of $10,000,000 in its most recently completed 3 fiscal years;

E. the gross sales of the construction operations of the business did not exceed an average of $7,000,000 in its most recently completed 3 fiscal years; and

F. the gross sales of the architectural and engineering services of the business did not exceed an average of $4,500,000 in its most recently completed 3 fiscal years.

(e) “Small business reserve” means those procurements that are limited to responses from small businesses under § 14–502(c) of this subtitle.
Md. Code, Real Property § 14-701 — MD Code / Article grp / Title 14 / Subtitle 7 / Section 14-701
§14–701.
Status: in_force

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

(b) “Determination of value” means a court order determining the fair market value of property under § 14–707 or § 14–711 of this subtitle or adopting the valuation of property agreed to by all cotenants.

(c) “Partition by sale” means a court–ordered sale of property, whether by auction, sealed bids, or open–market sale conducted under § 14–711 of this subtitle.

(d) “Partition in kind” means the division of property into physically distinct and separately titled parcels.

(e) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.
Md. Code, Estates and Trusts § 14-301 — MD Code / Article get / Title 14 / Subtitle 3 / Section 14-301
§14–301.
Status: in_force

(a) Courts of equity have full jurisdiction to enforce trusts for charitable purposes upon suit of the State by the Attorney General or suit of any person having an interest in enforcement of the trust.

(b) “Charitable purposes” includes all purposes within either the spirit or letter of the statute of 43 Elizabeth ch. 4 (1601), commonly known as the statute of charitable uses.

(c) A charitable trust shall not be held invalid or unenforceable merely because the beneficiaries of the trust constitute an indefinite class.
Md. Code, Public Safety § 14-907 — MD Code / Article gps / Title 14 / Subtitle 9 / Section 14-907
§14–907.
Status: in_force

(a) An individual may not fail to register under this subtitle.

(b) An individual who violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

(c) After the Governor issues a proclamation under this subtitle, the county sheriffs, the police department of Baltimore City, and any other officer of the State, a county, or municipal corporation charged with enforcing the law shall:

(1) seek diligently the names and addresses of able-bodied individuals within their respective jurisdictions who are between 18 and 50 years old, inclusive, and not regularly or continuously employed or engaged in a lawful and useful occupation and who have failed to register under this subtitle; and

(2) obtain criminal summonses or warrants from a District Court commissioner for the arrest of individuals described in item (1) of this subsection.

(d) The District Court shall send the name of each individual convicted of failing to register and the information specified in subsection (c)(1) of this section to the clerk of the circuit court of the county in which the individual resides.

(e) The circuit court clerks shall register each individual convicted of failing to register under this subtitle and report the registration to the Governor in accordance with § 14-903 of this subtitle.

(f) The Governor shall assign each individual registered under subsection (e) of this section to work as provided in § 14-904 of this subtitle.
Md. Code, Health Occupations § 14-5D-02 — MD Code / Article gho / Title 14 / Subtitle 5D / Section 14-5D-02
§14–5D–02.
Status: in_force

This subtitle does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.
Md. Code, Public Safety § 14-8A-02 — MD Code / Article gps / Title 14 / Subtitle 8A / Section 14-8A-02
§14–8A–02.
Status: in_force

The State, the governing body of a county or municipal corporation, or any other governmental agency within the National Capital Region may enter into a reciprocal agreement for the period that it considers advisable with a federal agency, the Commonwealth of Virginia, the District of Columbia, or a county or municipal corporation, within or outside the State, and establish, train, and implement plans to request or provide mutual aid through the use of its officers, employees, and agents, together with all necessary equipment, in accordance with § 7302 of the Intelligence Reform and Terrorism Prevention Act of 2004 (108 P.L. 458, 118 Stat. 3638).
Md. Code, Real Property § 14-401 — MD Code / Article grp / Title 14 / Subtitle 4 / Section 14-401
§14–401.
Status: in_force

In this subtitle, “Maryland Coordinate System” means the system of plane rectangular coordinates that has been established and adopted by the National Geodetic Survey for defining and stating the positions or locations of points on the surface of the earth within the State.
Md. Code, Health Occupations § 14-5F-12 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-12
§14–5F–12.
Status: in_force

To apply for a license, an applicant shall:

(1) Complete a criminal history records check in accordance with § 14–308.1 of this title;

(2) Submit an application to the Board on a form that the Board requires;

(3) Pay to the Board an application fee set by the Board; and

(4) If the applicant has been licensed, certified, or registered to practice naturopathic medicine in another state, submit all evidence relating to:

(i) Any disciplinary action taken or any administrative penalties assessed against the applicant by the appropriate state licensing, certification, or registration authority; and

(ii) Any consent agreements the applicant entered into that contain conditions placed on the applicant’s professional conduct and practice, including any voluntary surrender of a license.
Md. Code, Tax - Property § 14-834 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-834
§14–834.
Status: in_force

The circuit court, on the filing of a complaint to foreclose the right of redemption, has jurisdiction to give complete relief under this subtitle, in accordance with the general jurisdiction and practice of the court, and with all laws and rules of court that relate to the circuit courts for the county in which the property is located, except as otherwise provided in this subtitle, to bar all rights of redemption and to foreclose all alienations and descents of the property occurring before the judgment of the court as provided in this subtitle and all liens and encumbrances on the property, except property taxes that arise after the date of sale, and to order an absolute and indefeasible estate in fee simple or leasehold to be vested in the holder of the certificate of sale.
Md. Code, Commercial Law § 14-1704 — MD Code / Article gcl / Title 14 / Subtitle 17 / Section 14-1704
§14–1704.
Status: in_force

The written statement of reasons only meets the requirements of this subtitle if it contains the specific reasons for any adverse action taken.
Md. Code, Environment § 14-119 — MD Code / Article gen / Title 14 / Subtitle 1 / Section 14-119
§14–119.
Status: in_force

(a) A person who is the owner or operator of any gas well may not willfully take gas from the well unless the gas is metered by a standard metering system. The cleaning or blowing of a well is not construed as a “taking” within the meaning of this section. If any person or operator producing gas from any well violates the terms of this section, the person’s or operator’s interest in the lease under which the well is being produced shall be void and subject to cancellation at the suit of the owners of the royalty interest in the leased premises on which the violation occurs.

(b) The Department shall inspect, read, or test any meters, through which natural gas is being measured upon the request of any lessor, lessee, operator, or royalty owner from whose land, lease, or royalty interest, natural gas is being produced.
Md. Code, Health Occupations § 14-5B-18 — MD Code / Article gho / Title 14 / Subtitle 5B / Section 14-5B-18
§14–5B–18.
Status: in_force

(a) Unless authorized to practice radiation therapy, radiography, nuclear medicine technology, or radiology assistance under this subtitle, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice radiation therapy, radiography, nuclear medicine technology, or radiology assistance in this State.

(b) A person may not provide, attempt to provide, offer to provide, or represent that the person provides radiation therapy, radiography, nuclear medicine technology, or radiology assistance care unless the radiation therapy, radiography, nuclear medicine technology, or radiology assistance care is provided by an individual who is authorized to practice radiation therapy, radiography, nuclear medicine technology, or radiology assistance under this subtitle.
Md. Code, Tax - Property § 14-513 — MD Code / Article gtp / Title 14 / Subtitle 5 / Section 14-513
§14–513.
Status: in_force

Any party to a Maryland Tax Court proceeding may appeal a final decision of the Maryland Tax Court to the circuit court for the county in which the property is located.
Md. Code, Health Occupations § 14-320.1 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-320.1
§14–320.
Status: in_force

§14–320.1.

(a) The Board may place a licensee on emeritus status, if the licensee submits to the Board:

(1) An application for emeritus status on the form required by the Board; and

(2) The emeritus status fee set by the Board.

(b) The Board shall place a licensee on emeritus status if the individual:

(1) Has an active, unrestricted license to practice medicine under this subtitle;

(2) Is not under investigation by the Board for a violation of this title;

(3) Has practiced medicine in this State for at least 10 years;

(4) Has not been the subject of disciplinary action in a jurisdiction where the individual is licensed that resulted in the revocation or suspension of the individual’s license; and

(5) Attests that the individual is retired and is no longer actively practicing medicine in this State.

(c) A licensee on emeritus status is exempt from the continuing education requirements under § 14–316(d) of this subtitle.
Md. Code, Commercial Law § 14-1309 — MD Code / Article gcl / Title 14 / Subtitle 13 / Section 14-1309
§14–1309.
Status: in_force

(a) A person may not sell, distribute, or install any new hand-fired heating stove or freestanding fireplace that is intended ultimately for installation in a permanent or temporary residence unless the stove or fireplace is accompanied with complete instructions on the safe installation and operation of the appliance, including information on:

(1) The safe clearance of structural members, as established by the National Fire Protection Association Pamphlet 89M, “Clearances for Heat Producing Appliances”;

(2) The type of fuel to be burned in the appliance;

(3) Proper starting instructions;

(4) Proper storage of fuel;

(5) Safe disposal of ashes; and

(6) Proper chimney maintenance.

(b) (1) The Attorney General and the State Fire Marshal shall each enforce this section under the enforcement powers provided in this title and in the Public Safety Article.

(2) The fire department of Baltimore City shall report any violation of this section to the Division of Consumer Protection.

(c) Any person who knowingly and willfully violates the provisions of this section is guilty of a misdemeanor and on conviction is subject to a fine of not more than $500.
Md. Code, Health Occupations § 14-5G-03 — MD Code / Article gho / Title 14 / Subtitle 5G / Section 14-5G-03
§14–5G–03.
Status: in_force

The Board shall adopt regulations for the licensure and practice of genetic counseling.
Md. Code, Education § 14-104.1 — MD Code / Article ged / Title 14 / Subtitle 1 / Section 14-104.1
§14–104.
Status: in_force

§14–104.1.

(a) In this section, “high impact economic development activity” means an initiative, transaction, or other undertaking by Morgan State University to create or facilitate:

(1) 20 or more new jobs in the State;

(2) The award or completion of at least $1,000,000 in externally funded research or other projects;

(3) The establishment or relocation of one or more new companies to be registered or incorporated in the State and doing business in the State;

(4) The production of at least $1,000,000 of annual gross revenue;

(5) The licensing and potential commercialization of a promising new technology or other product; or

(6) An academic program to meet workforce demand in a documented labor shortage field.

(b) To promote the economic interests of the State as mandated in §§ 10–205(c) and 15–107 of this article, the Morgan State University shall utilize its powers as a public corporation established in § 14–104 of this subtitle to undertake high impact economic development activities that support:

(1) Job creation and workforce development;

(2) Technology transfer, commercialization, and entrepreneurship; and

(3) Increased sponsored research funding and other revenues.

(c) In order for an activity to qualify as a high impact economic development activity:

(1) The President or the President’s designee shall certify that the activity meets the criteria defined in subsection (a) of this section; and

(2) The President or the President’s designee shall notify the Board of Regents and the Board of Public Works of any certified activity for review.

(d) (1) Notwithstanding any other provision of law, for any high impact economic activity within the scope of § 5–310 or § 10–305 of the State Finance and Procurement Article, the Board of Regents shall be fully responsible for administering the review and comment process prescribed in those sections.

(2) In administering the review and comment process prescribed in §§ 5–310 and 10–305 of the State Finance and Procurement Article, the Board of Regents shall include in the process the appropriate legislative committees and units of State government, which may include:

(i) Committees of the General Assembly;

(ii) The Board of Public Works;

(iii) The Maryland Historical Trust;

(iv) The Department of Planning;

(v) The Department of the Environment; and

(vi) The Department of Natural Resources.

(3) The Board of Regents shall adopt policies and procedures to ensure that the notice and opportunity for review are conducted in a manner that provides a reasonable period to complete while not impairing the institution’s capacity for the expeditious and successful pursuit of a high impact economic development activity.

(e) On or before October 1 of each year, the Board of Regents shall report to the Board of Public Works and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee, the House Economic Matters Committee, the Senate Budget and Taxation Committee, and the House Appropriations Committee on the high impact economic development activities undertaken under this section during the preceding fiscal year.
Md. Code, Real Property § 14-502 — MD Code / Article grp / Title 14 / Subtitle 5 / Section 14-502
§14–502.
Status: in_force

(a) An affordable housing land trust agreement created under this subtitle:

(1) Is not a ground lease; and

(2) Is not subject to any provision concerning ground leases under Title 8 of this article or Subtitle 1 of this title or under any other provision of the Code.

(b) This subtitle does not apply to any ground lease that is subject to Title 8 of this article or Subtitle 1 of this title.

(c) This subtitle may not be construed to exempt any affordable housing land trust or any affordable housing land trust agreement from any provision of law mandating equal treatment or prohibiting discrimination.
Md. Code, Commercial Law § 14-1110 — MD Code / Article gcl / Title 14 / Subtitle 11 / Section 14-1110
§14–1110.
Status: in_force

This subtitle may be cited as the Maryland Layaway Sales Act.
Md. Code, Alcoholic Beverages and Cannabis § 14-1701 — MD Code / Article gab / Title 14 / Subtitle 17 / Section 14-1701
§14–1701.
Status: in_force

(a) The following sections of Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article apply in the county without exception or variation:

(1) §�4–302�(“Transfer of place of business; transfer of license and inventory”);

(2) §�4–303�(“Chain store, supermarket, or discount house”);

(3) §�4–304�(“Compliance with Bulk Transfers Act required”); and

(4) §�4–306�(“Substitution of names of officers on license”).

(b) Section 4–305 (“Filing fee and endorsement”) of Division I of this article applies in the county, subject to § 14–1703 of this subtitle.
Md. Code, Commercial Law § 14-1201 — MD Code / Article gcl / Title 14 / Subtitle 12 / Section 14-1201
§14–1201.
Status: in_force

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

(b) “Breach of the security of a system” has the meaning stated in § 14–3504 of this title.

(c) “Commissioner” means the Commissioner of Financial Regulation of the Maryland Department of Labor.

(d) “Consumer” means an individual.

(e) (1) “Consumer report” means any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living which is used or expected to be used or collected in whole or in part for the purpose of serving as a factor in establishing the consumer’s eligibility for:

(i) Credit or insurance to be used primarily for personal, family, or household purposes;

(ii) Employment purposes; or

(iii) Other purposes authorized under § 14–1202 of this subtitle.

(2) The term does not include:

(i) Any report containing information solely as to transactions or experiences between the consumer and the person making the report;

(ii) Any authorization or approval of a specific extension of credit directly or indirectly by the issuer of a credit card or similar device; or

(iii) Any report in which a person who has been requested by a third party to make a specific extension of credit directly or indirectly to a consumer conveys his decision with respect to the request, if the third party advises the consumer of the name and address of the person to whom the request was made and the person makes the disclosures to the consumer required under § 14–1212 of this subtitle.

(f) (1) “Consumer reporting agency” means any person which, for monetary fees, dues, or on a cooperative nonprofit basis, regularly engages in whole or in part in the practice of assembling or evaluating consumer credit information or other information on consumers for the purpose of furnishing consumer reports to third parties, and which uses any means or facility of commerce for the purpose of preparing or furnishing consumer reports.

(2) “Consumer reporting agency” does not include:

(i) A person licensed as a private detective agency or certified as a private detective under the Maryland Private Detectives Act; or

(ii) A person who assembles and exchanges consumer credit information with an affiliated person or a person who is owned or controlled by the same entity, provided that, in the event of an adverse credit decision against a consumer based on that information, the entity making the decision shall comply with the notice requirements of § 14–1212(b) of this subtitle.

(f–1) “Eligible service member” means an individual who:

(1) Is an active service member, as defined in § 9–901 of the State Government Article; and

(2) Is assigned to service away from the usual station of duty of the individual.

(g) “Employment purposes” when used in connection with a consumer report means a report used for the purpose of evaluating a consumer for employment, promotion, reassignment, or retention as an employee.

(h) “File”, when used in connection with information on any consumer, means all of the information on that consumer recorded and retained by a consumer reporting agency regardless of how the information is stored.

(i) “Incarcerated person” means an incarcerated individual as defined in § 1–101 of the Correctional Services Article who has been sentenced to a correctional facility for a period of 1 year or more.

(j) “Investigative consumer report” means a consumer report or portion of it in which information on a consumer’s character, general reputation, personal characteristics, or mode of living is obtained through personal interviews with neighbors, friends, or associates of the consumer reported on or with others with whom he is acquainted or who may have knowledge concerning any items of information. However, the information does not include specific factual information on a consumer’s credit record obtained directly from a creditor of the consumer or from a consumer reporting agency when the information was obtained directly from a creditor of the consumer or from the consumer.

(k) “Medical information” means information or records obtained, with the consent of the individual to whom it relates, from licensed physicians or medical practitioners, hospitals, clinics, or other medical or medically related facilities.

(l) “Nationwide Mortgage Licensing System and Registry” or “NMLS” has the meaning stated in § 1–101 of the Financial Institutions Article.

(m) “Person” includes an individual, corporation, government or governmental subdivision or agency, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, and any other legal or commercial entity.

(n) “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.
Md. Code, Tax - Property § 14-820.1 — MD Code / Article gtp / Title 14 / Subtitle 8 / Section 14-820.1
§14–820.
Status: in_force

§14–820.1.

The collector shall deliver a certificate of sale to the governing body of a county or municipal corporation for each property withheld from sale by the governing body of the county or municipal corporation under § 14–811(c) of this subtitle.
Md. Code, Estates and Trusts § 14-303 — MD Code / Article get / Title 14 / Subtitle 3 / Section 14-303
§14–303.
Status: in_force

(a) In the administration of any trust which is a “private foundation,” as defined in § 509 of the Internal Revenue Code, a “charitable trust,” as defined in § 4947(a)(1) of the Internal Revenue Code, or a “split–interest trust,” as defined in § 4947(a)(2) of the Internal Revenue Code, the acts specified in this section are prohibited.

(b) It is unlawful to engage in any act of “self–dealing,” as defined in § 4941(d) of the Internal Revenue Code, which would cause any tax liability under § 4941(a) of the Internal Revenue Code.

(c) It is unlawful to retain any “excess business holdings,” as defined in § 4943(c) of the Internal Revenue Code, which would cause any tax liability under § 4943(a) of the Internal Revenue Code.

(d) It is unlawful to make any investment which would jeopardize the carrying out of any exempt purposes under § 4944 of the Internal Revenue Code and cause any tax liability under § 4944(a) of the Internal Revenue Code.

(e) It is unlawful to make any “taxable expenditures,” as defined in § 4945(d) of the Internal Revenue Code, which would cause any tax liability under § 4945(a) of the Internal Revenue Code.

(f) This section does not apply to any part of a split–interest trust which is not subject to the prohibitions applicable to private foundations because of the provisions of § 4947 of the Internal Revenue Code.
Md. Code, Public Safety § 14-305 — MD Code / Article gps / Title 14 / Subtitle 3 / Section 14-305
§14–305.
Status: in_force

(a) If the Governor proclaims that a state of emergency exists, each law enforcement agency, fire company, or rescue squad of the State, a county, or municipal corporation shall:

(1) cooperate in any manner requested by the Governor or the Governor’s designated representative; and

(2) subject to subsection (b) of this section, allow the use of its equipment, facilities, and personnel if the use is required by the Governor or the Governor’s designated representative.

(b) The use of equipment, facilities, and personnel under subsection (a)(2) of this section may not substantially interfere with the normal duties of a law enforcement agency, fire company, or rescue squad located outside an area designated by the Governor as an emergency area.

(c) (1) Subject to paragraph (2) of this subsection, if the Governor proclaims that a state of emergency exists, the Department of State Police may take any action it considers necessary to assist local law enforcement agencies.

(2) Any action that the Department of State Police takes under this subsection shall be reasonably calculated effectively to control and terminate the public emergency.

(d) A law enforcement agency of a county or municipal corporation shall notify the Secretary of State Police if the local law enforcement agency receives notice of a threatened or actual disturbance that indicates the possibility of serious domestic violence.

(e) Except as provided in § 14-306 of this subtitle, each law enforcement agency, fire company, or rescue squad of the State, a county, or municipal corporation within an emergency area shall operate under the direction of the person designated by order of the Governor.
Md. Code, Health Occupations § 14-5F-18 — MD Code / Article gho / Title 14 / Subtitle 5F / Section 14-5F-18
§14–5F–18.
Status: in_force

(a) Subject to the hearing provisions of § 14–405 of this title, a disciplinary panel, on the affirmative vote of a majority of a quorum of the disciplinary panel, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license of any licensee if the applicant or licensee:

(1) Is habitually intoxicated, or is addicted to or habitually abuses any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or any drug without a valid prescription or indication, or provides professional services while under the influence of alcohol or using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article;

(2) Is:

(i) Professionally incompetent;

(ii) Physically incompetent; or

(iii) Mentally incompetent;

(3) Has entered into a consent agreement with or has been assessed an administrative penalty by a licensing authority in another state;

(4) Fraudulently or deceptively obtains, attempts to obtain, or uses a license for the applicant, the licensee, or another;

(5) Has a license revoked or suspended, or was otherwise acted against, including the denial of licensure, by the licensing authority of another state;

(6) Uses false, deceptive, or misleading advertising;

(7) Advertises, practices, or attempts to practice under a name other than the applicant’s or licensee’s own name;

(8) Aids, assists, employs, or advises any unlicensed individual to practice naturopathic medicine in violation of this subtitle;

(9) Willfully makes or files a false report or record in the practice of naturopathic medicine;

(10) Willfully or negligently fails to file a report or record as required by law, willfully impedes or obstructs the filing or recording of a report, or induces another to fail to file or record a report;

(11) Pays or receives any commission, bonus, kickback, or rebate, or engages in any split–fee arrangement in any form with a licensed physician, organization, agency, or other person, either directly or indirectly, for patients referred to health care providers;

(12) Exercises influence within a patient–doctor relationship for purposes of engaging a patient in sexual activity;

(13) Engages in sexual misconduct with a patient;

(14) Fails to keep written medical records justifying the course of treatment of a patient;

(15) Engages in an act or omission that does not meet generally accepted standards of practice of naturopathic medicine or of safe care of patients, whether or not actual injury to a patient is established;

(16) Delegates professional responsibilities to an individual when the licensee delegating the responsibilities knows or has reason to know that the individual is not qualified by training, experience, or licensure to perform the responsibilities;

(17) Promotes the sale of services, drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

(18) Breaches patient confidentiality;

(19) Is guilty of:

(i) Immoral conduct in the practice of naturopathic medicine; or

(ii) Unprofessional conduct in the practice of naturopathic medicine;

(20) Offers, undertakes, or agrees to cure or treat a disease by a secret method, treatment, or medicine;

(21) Willfully fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;

(22) Sells, prescribes, gives away, or administers drugs for illegal or illegitimate purposes;

(23) Denies or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

(24) Fails to cooperate with a lawful investigation of the Board;

(25) Abandons a patient;

(26) Violates any provision of this title or any regulation adopted by the Board; or

(27) Fails to complete a criminal history records check under § 14–308.1 of this title.

(b) Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board or a disciplinary panel takes any action under subsection (a) of this section, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board or the disciplinary panel in accordance with the hearing requirements of § 14–405 of this title.

(c) (1) On the filing of certified docket entries with the Board by the Office of the Attorney General, a disciplinary panel shall order the suspension of a license if the licensee is convicted of or pleads guilty or nolo contendere with respect to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside.

(2) After completion of the appellate process if the conviction has not been reversed or the plea has not been set aside with respect to a crime involving moral turpitude, a disciplinary panel shall order the revocation of a license on the certification by the Office of the Attorney General.

(d) (1) If, after a hearing under § 14–405 of this title, a disciplinary panel finds that there are grounds under subsection (a) of this section to suspend or revoke a license, to reprimand a licensee, or to place a licensee on probation, the disciplinary panel may impose a fine subject to the Board’s regulations in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

(2) The Board shall pay any fines collected under this section into the General Fund.

(e) In addition to any sanction authorized under this section, a disciplinary panel may require a licensee to comply with specified terms and conditions determined by the disciplinary panel.
Md. Code, Health Occupations § 14-306 — MD Code / Article gho / Title 14 / Subtitle 3 / Section 14-306
§14–306.
Status: in_force

§14–306. IN EFFECT

(a) Except as provided in subsections (e) and (f) of this section, to the extent permitted by the rules, regulations, and orders of the Board, an individual to whom duties are delegated by a licensed physician or physician assistant may perform those duties without a license as provided in this section.

(b) The individuals to whom duties may be delegated under this section include any individual authorized to practice any other health occupation regulated under this article or § 13–516 of the Education Article.

(c) The Board shall adopt rules and regulations to delineate the scope of this section. Before it adopts any rule or regulation under this section, the Board shall invite and consider proposals from any individual or health group that could be affected by the rule or regulation.

(d) (1) If a duty that is to be delegated under this section is a part of the practice of a health occupation that is regulated under this article by another board, any rule or regulation concerning that duty shall be adopted jointly by the Board of Physicians and the board that regulates the other health occupation.

(2) If the two boards cannot agree on a proposed rule or regulation, the proposal shall be submitted to the Secretary for a final decision.

(e) Except as otherwise provided in this section and in accordance with regulations adopted by the Board, an individual may perform X–ray duties without a license only if the duties:

(1) Do not include:

(i) Computerized or noncomputerized tomography;

(ii) Fluoroscopy;

(iii) Invasive radiology;

(iv) Mammography;

(v) Nuclear medicine;

(vi) Radiation therapy; or

(vii) Xerography;

(2) Are limited to X–ray procedures of the:

(i) Chest;

(ii) Spine, including the:

1. Cervical spine;

2. Lumbar spine;

3. Sacroiliac joints;

4. Sacrum and coccyx; and

5. Thoracic spine;

(iii) Lower extremities, including:

1. Toes;

2. The foot;

3. The ankle;

4. The calcaneus;

5. The tibia and fibula;

6. The knee and patella; and

7. The femur; and

(iv) Upper extremities, including:

1. Fingers;

2. The hand;

3. The wrist;

4. The forearm;

5. The elbow;

6. The humerus;

7. The shoulder;

8. The clavicle;

9. Acromioclavicular joints; and

10. The scapula; and

(3) Are performed:

(i) In the physician’s office under the supervision of a licensed physician or radiologic technologist who is on–site or able to provide immediately available direction; and

(ii) 1. By an individual who has:

A. Attested to the completion of at least 6 months of clinical care experience; and

B. Completed a limited scope X–ray educational program consisting of at least 115 hours of didactic training delivered by a radiologic technologist certified by the American Registry of Radiologic Technologists providing instruction in radiographic anatomy, procedures, and pathology, digital image acquisition and display, fundamentals, ethics, and laws of health care, human anatomy and physiology, image production and analysis, imaging equipment and radiation production, medical terminology, and patient care;

C. Completed at least 480 hours of clinical training and successfully completed a minimum of five competencies in each body part listed in item (2) of this subsection under the direct supervision of a radiologic technologist certified by the American Registry of Radiologic Technologists;

D. Achieved a passing score, as determined by the Board, on the American Registry of Radiologic Technologists examination for limited scope of practice in radiography or an alternative examination approved by the Board; and

E. Registered with the Board attesting to the completion of the requirements of this item and the completion of at least 24 hours of approved continuing education credits earned during the 2–year period immediately following the date of initial registration and every 2 years thereafter; or

2. By a licensed physician assistant who has completed a course that includes anterior–posterior and lateral radiographic studies of extremities on at least 20 separate patients under the direct supervision of the delegating physician or radiologist using a mini C–arm or similar low–level radiation machine to perform nonfluoroscopic X–ray procedures, if the duties:

A. Include only the X–ray procedures described in paragraph (2)(iii) of this subsection; and

B. Are performed pursuant to a Board–approved delegation agreement that includes a request to perform advanced duties under § 15–302(c)(2) of this article.

(f) (1) In accordance with regulations adopted by the Board, a licensed physician may delegate duties to a registered cardiovascular invasive specialist assisting in the physician’s performance of fluoroscopy if:

(i) The delegated duties are limited to a cardiac catheterization procedure performed in a hospital cardiac catheterization laboratory;

(ii) The physician is physically present and personally directs each act performed by the registered cardiovascular invasive specialist;

(iii) The registered cardiovascular invasive specialist has completed the training and education and has the experience required by regulations adopted by the Board; and

(iv) The hospital in which the cardiac catheterization laboratory is located has verified and documented that the registered cardiovascular invasive specialist has completed the training and education and has the experience required by regulations adopted by the Board.

(2) The hospital in which the cardiac catheterization laboratory is located and the physician delegating duties to a registered cardiovascular invasive specialist under this subsection are responsible for ensuring that all requirements of this subsection are met for each procedure.

(3) A disciplinary panel may impose a civil penalty of up to $5,000 for each instance of a hospital’s failure to comply with the requirements of this subsection.

(g) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Direct supervision” means oversight exercised by a delegating physician who is:

1. Personally treating the patient;

2. In the same medical office as the patient and the supervised medical graduate; and

3. Immediately available to provide assistance and guidance to the supervised medical graduate for the duration of the completion of a delegated duty.

(iii) “Supervised medical graduate” means an individual who:

1. Has a degree of:

A. Doctor of medicine from a medical school that is accredited by an accrediting organization that the Board recognizes in its regulations; or

B. Doctor of osteopathy from a school of osteopathy in the United States, its territories or possessions, Puerto Rico, or Canada that has standards for graduation equivalent to those established by the American Osteopathic Association; and

2. Has passed parts 1 and 2 of:

A. The United States Medical Licensing Examination; or

B. The Comprehensive Osteopathic Medical Licensing Examination of the United States.

(2) Subject to paragraph (3) of this subsection and in accordance with regulations adopted by the Board, a supervised medical graduate may perform delegated duties under direct supervision.

(3) An individual may not practice as a supervised medical graduate for a period of more than 2 years.

(4) For the purposes of this subsection, a delegating physician is not required to be in the presence of a patient and a supervised medical graduate during the completion of a delegated duty.

(h) In accordance with regulations adopted by the Board, a physician’s office that employs an individual authorized to perform X–ray duties without a license under subsection (e) of this section is responsible for ensuring that all requirements of subsection (e) of this section are met for each X–ray examination performed.

(i) If an unlicensed individual performs X–ray duties without meeting the requirements of subsection (e) of this section, the Board may impose a civil penalty of up to:

(1) $5,000 for each violation on the physician’s office where the violation occurred; and

(2) $1,000 for each violation on the individual who committed the violation.

§14–306. // EFFECTIVE DECEMBER 31, 2030 PER CHAPTERS 871 AND 872 OF 2024 //

(a) Except as provided in subsections (e) and (f) of this section, to the extent permitted by the rules, regulations, and orders of the Board, an individual to whom duties are delegated by a licensed physician or physician assistant may perform those duties without a license as provided in this section.

(b) The individuals to whom duties may be delegated under this section include any individual authorized to practice any other health occupation regulated under this article or § 13–516 of the Education Article.

(c) The Board shall adopt rules and regulations to delineate the scope of this section. Before it adopts any rule or regulation under this section, the Board shall invite and consider proposals from any individual or health group that could be affected by the rule or regulation.

(d) (1) If a duty that is to be delegated under this section is a part of the practice of a health occupation that is regulated under this article by another board, any rule or regulation concerning that duty shall be adopted jointly by the Board of Physicians and the board that regulates the other health occupation.

(2) If the two boards cannot agree on a proposed rule or regulation, the proposal shall be submitted to the Secretary for a final decision.

(e) Except as otherwise provided in this section, an individual may perform X–ray duties without a license only if the duties:

(1) Do not include:

(i) Computerized or noncomputerized tomography;

(ii) Fluoroscopy;

(iii) Invasive radiology;

(iv) Mammography;

(v) Nuclear medicine;

(vi) Radiation therapy; or

(vii) Xerography;

(2) Are limited to X–ray procedures of the:

(i) Chest, anterior–posterior and lateral;

(ii) Spine, anterior–posterior and lateral; or

(iii) Extremities, anterior–posterior and lateral, not including the head; and

(3) Are performed:

(i) By an individual who is not employed primarily to perform

X–ray duties;

(ii) In the medical office of the physician who delegates the duties; and

(iii) 1. By an individual who, before October 1, 2002, has:

A. Taken a course consisting of at least 30 hours of training in performing X–ray procedures approved by the Maryland Radiological Society in consultation with the Maryland Society of Radiologic Technologists; and

B. Successfully passed an examination based on that course that has been approved by the Maryland Radiological Society in consultation with the Maryland Society of Radiologic Technologists; or

2. By a licensed physician assistant who has completed a course that includes anterior–posterior and lateral radiographic studies of extremities on at least 20 separate patients under the direct supervision of the delegating physician or radiologist using a mini C–arm or similar low–level radiation machine to perform nonfluoroscopic X–ray procedures, if the duties:

A. Include only the X–ray procedures described in paragraph (2)(iii) of this subsection; and

B. Are performed pursuant to a Board–approved delegation agreement that includes a request to perform advanced duties under § 15–302(c)(2) of this article.

(f) (1) In accordance with regulations adopted by the Board, a licensed physician may delegate duties to a registered cardiovascular invasive specialist assisting in the physician’s performance of fluoroscopy if:

(i) The delegated duties are limited to a cardiac catheterization procedure performed in a hospital cardiac catheterization laboratory;

(ii) The physician is physically present and personally directs each act performed by the registered cardiovascular invasive specialist;

(iii) The registered cardiovascular invasive specialist has completed the training and education and has the experience required by regulations adopted by the Board; and

(iv) The hospital in which the cardiac catheterization laboratory is located has verified and documented that the registered cardiovascular invasive specialist has completed the training and education and has the experience required by regulations adopted by the Board.

(2) The hospital in which the cardiac catheterization laboratory is located and the physician delegating duties to a registered cardiovascular invasive specialist under this subsection are responsible for ensuring that all requirements of this subsection are met for each procedure.

(3) A disciplinary panel may impose a civil penalty of up to $5,000 for each instance of a hospital’s failure to comply with the requirements of this subsection.

(g) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Direct supervision” means oversight exercised by a delegating physician who is:

1. Personally treating the patient;

2. In the same medical office as the patient and the supervised medical graduate; and

3. Immediately available to provide assistance and guidance to the supervised medical graduate for the duration of the completion of a delegated duty.

(iii) “Supervised medical graduate” means an individual who:

1. Has a degree of:

A. Doctor of medicine from a medical school that is accredited by an accrediting organization that the Board recognizes in its regulations; or

B. Doctor of osteopathy from a school of osteopathy in the United States, its territories or possessions, Puerto Rico, or Canada that has standards for graduation equivalent to those established by the American Osteopathic Association; and

2. Has passed parts 1 and 2 of:

A. The United States Medical Licensing Examination; or

B. The Comprehensive Osteopathic Medical Licensing Examination of the United States.

(2) Subject to paragraph (3) of this subsection and in accordance with regulations adopted by the Board, a supervised medical graduate may perform delegated duties under direct supervision.

(3) An individual may not practice as a supervised medical graduate for a period of more than 2 years.

(4) For the purposes of this subsection, a delegating physician is not required to be in the presence of a patient and a supervised medical graduate during the completion of a delegated duty.
Md. Code, Real Property § 14-106 — MD Code / Article grp / Title 14 / Subtitle 1 / Section 14-106
§14–106.
Status: in_force

A tenant in common or a joint tenant who receives rent from a third party for the use and enjoyment of the property is accountable to any cotenant for that portion of the rent over and above his proportionate share.
Md. Code, Tax - Property § 14-1005 — MD Code / Article gtp / Title 14 / Subtitle 10 / Section 14-1005
§14–1005.
Status: in_force

A person who negligently fails to submit a property tax report as required under Title 11 of this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Family Law § 14-101 — MD Code / Article gfl / Title 14 / Subtitle 1 / Section 14-101
§14–101.
Status: in_force

§14–101. IN EFFECT

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

(b) “Abuse” means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.

(c) “Director” means the director of the local department in the county where the vulnerable adult lives.

(d) “Disabled person” has the meaning stated in § 13–101(e) of the Estates and Trusts Article.

(e) “Emergency” means any condition in which an individual is living that presents a substantial risk of death or immediate and serious physical harm to the individual or others.

(f) “Exploitation” means any action which involves the misuse of a vulnerable adult’s funds, property, or person.

(g) “Health practitioner” includes any person who is authorized to practice healing under the Health Occupations Article.

(h) (1) “Human service worker” means any professional employee of any public or private health or social services agency or provider.

(2) “Human service worker” includes:

(i) any social worker; and

(ii) any caseworker.

(i) “Law enforcement agency” means a State, county, or municipal police department, bureau, or agency.

(j) Except as provided in §§ 14–201, 14–402, and 14–403 of this title, “local department” means the local department that has jurisdiction in the county:

(1) where the vulnerable adult lives;

(2) for purposes of a notice received under § 11–307 of the Corporations and Associations Article, where an individual who is at least 65 years old lives; or

(3) where the abuse is alleged to have taken place.

(k) “Local State’s Attorney” means the State’s Attorney for the county:

(1) where the vulnerable adult lives; or

(2) where the abuse is alleged to have taken place.

(l) (1) “Neglect” means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision.

(2) “Neglect” does not include the providing of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by State law instead of medical treatment.

(m) “Police officer” means any State or local officer who is authorized to make arrests as part of the officer’s official duty.

(n) “Review board” means the adult public guardianship review board.

(o) “Secretary” means the Secretary of Human Services.

(p) “Self–neglect” means the inability of a vulnerable adult to provide the vulnerable adult with the services:

(1) that are necessary for the vulnerable adult’s physical and mental health; and

(2) the absence of which impairs or threatens the vulnerable adult’s well–being.

(q) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.

§14–101. ** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 37 AND 38 OF 2025 **

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

(b) “Abuse” means the sustaining of any physical injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act by any person.

(c) “Director” means the director of the local department in the county where the vulnerable adult lives.

(d) “Disabled person” has the meaning stated in § 13–101(e) of the Estates and Trusts Article.

(e) “Emergency” means any condition in which an individual is living that presents a substantial risk of death or immediate and serious physical harm to the individual or others.

(f) “Exploitation” means any action which involves the misuse of a vulnerable adult’s funds, property, or person.

(g) (1) “Health practitioner” includes any person who is authorized to practice healing under the Health Occupations Article or, except as provided in paragraph (2) of this subsection, § 13–516 of the Education Article.

(2) “Health practitioner” does not include an emergency medical dispatcher, as defined in § 13–516 of the Education Article.

(h) (1) “Human service worker” means any professional employee of any public or private health or social services agency or provider.

(2) “Human service worker” includes:

(i) any social worker; and

(ii) any caseworker.

(i) “Law enforcement agency” means a State, county, or municipal police department, bureau, or agency.

(j) Except as provided in §§ 14–201, 14–402, and 14–403 of this title, “local department” means the local department that has jurisdiction in the county:

(1) where the vulnerable adult lives;

(2) for purposes of a notice received under § 11–307 of the Corporations and Associations Article, where an individual who is at least 65 years old lives; or

(3) where the abuse is alleged to have taken place.

(k) “Local State’s Attorney” means the State’s Attorney for the county:

(1) where the vulnerable adult lives; or

(2) where the abuse is alleged to have taken place.

(l) (1) “Neglect” means the willful deprivation of a vulnerable adult of adequate food, clothing, essential medical treatment or habilitative therapy, shelter, or supervision.

(2) “Neglect” does not include the providing of nonmedical remedial care and treatment for the healing of injury or disease, with the consent of the vulnerable adult, recognized by State law instead of medical treatment.

(m) “Police officer” means any State or local officer who is authorized to make arrests as part of the officer’s official duty.

(n) “Review board” means the adult public guardianship review board.

(o) “Secretary” means the Secretary of Human Services.

(p) “Self–neglect” means the inability of a vulnerable adult to provide the vulnerable adult with the services:

(1) that are necessary for the vulnerable adult’s physical and mental health; and

(2) the absence of which impairs or threatens the vulnerable adult’s well–being.

(q) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.