reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health - General › Title 16 - Reimbursements and Collections › Subtitle 4 - Special Provisions as to Intellectual Disability › Section 16-407 - Disposition of Property on Death or Release of Intellectually Disabled Individual

(a)    This section does not apply to funds that are derived from benefits payable under laws administered by the Veterans’ Administration.
(b)    (1)    If any property of an individual with an intellectual disability remains in the custody of a public facility for 1 year after the death or release of the individual with an intellectual disability, the Department shall investigate to locate the individual or to determine if any other person legally is entitled to that property.
(2)    If such a person is not found:
(i)    As much as possible of the account of the individual with an intellectual disability at the facility shall be paid from the property; and
(ii)    Any balance becomes the property of this State and shall be paid into the General Fund of this State.
(c)    (1)    An action may not be brought more than 3 years after the death or release of an individual with an intellectual disability to recover any of this property left at or in the custody of the facility.
(2)    This subsection does not waive any defense, including the defense of governmental immunity, available to any facility or other State agency in an action brought against it, even if the action is brought within 3 years after the death or release of the individual with an intellectual disability.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 1 - Public Health and Clinical Laboratories › Section 17-102 - Duties of Public Laboratories

A public health and clinical laboratory shall provide services in connection with:
(1)    Any inquiry that the Department or any health officer or physician makes about a communicable disease;
(2)    Any inquiry that the Department makes about sewage;
(3)    Any inquiry that the Department makes about a trade waste;
(4)    Any inquiry the Department makes about a nuisance;
(5)    Any examination or analysis of a water supply;
(6)    Any examination or analysis of milk; and
(7)    Any inquiry about any other matter that the Secretary requires.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 1 - Public Health and Clinical Laboratories › Section 17-103 - Establishment of Fees

(a)    Except as otherwise provided, the Secretary may set a fee for any service of a public health and clinical laboratory in accordance with § 2–104 of this article.
(b)    Except as provided in subsection (c) of this section, the Secretary may not impose any fee for any service of a public health and clinical laboratory in connection with:
(1)    An examination or analysis of a water supply;
(2)    An examination or analysis of milk; or
(3)    An inquiry that any health officer or physician makes about a communicable disease.
(c)    Subsection (b)(2) of this section does not apply to the production of farmstead cheese.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 1 - Public Health and Clinical Laboratories › Section 17-103.1 - Laboratory Testing Fund

(a)    In this section, “Fund” means the Laboratory Testing Fund.
(b)    There is a Laboratory Testing Fund in the Department for the provision of laboratory services associated with the production of farmstead cheese.
(c)    The Department shall administer the Fund.
(d)    (1)    The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.
(2)    Any unspent portion of the Fund and any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.
(e)    The Fund consists of any laboratory testing fees collected by the Department for laboratory services associated with the production of farmstead cheese.
(f)    The Fund shall only be used to support the operations of the Laboratories Administration.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-201 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “License” means a permit, letter of exception, certificate, or other document issued by the Secretary granting approval or authority to:
(1)    Offer or perform medical laboratory tests or examinations in this State;
(2)    Offer or perform medical laboratory tests or examinations on specimens acquired from health care providers in this State at a medical laboratory located outside this State; or
(3)    Represent or service in this State a medical laboratory regardless of the laboratory’s location.
(c)    (1)    “Medical laboratory” means any facility, entity, or site that offers or performs tests or examinations in connection with the diagnosis and control of human diseases or the assessment of human health, nutritional, or medical conditions or in connection with job-related drug and alcohol testing.
(2)    “Medical laboratory” includes any laboratory owned or operated by the State or owned or operated by a county or municipal corporation in the State.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-202.1 - Release of Laboratory Examination Results

(a)    On written request of an individual to a medical laboratory for a copy of the results of a laboratory examination of that individual, the medical laboratory shall send a copy of those results that are sought to that individual.
(b)    (1)    If the results of a laboratory examination are contained in or will be filed in a medical record, as defined in § 4-301 of this article, the request for a copy of the results shall be made to the facility pursuant to the provisions of § 4-302 of this article.
(2)    In all other cases, the medical laboratory may require the individual requesting a copy of the results to pay the prevailing cost of copying and transmitting the copy.
(c)    The medical laboratory shall notify the individual’s physician before sending the results to the individual.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-203 - Qualifications of Personnel

(a)    The Secretary may adopt regulations that set qualifications for the following personnel of medical laboratories:
(1)    Directors;
(2)    Supervisory technologists;
(3)    Technologists;
(4)    Cytotechnologists; and
(5)    Supervisory cytotechnologists.
(b)    The director of a medical laboratory is not required to be a physician licensed under the Health Occupations Article.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-205 - License Required; Exceptions

(a)    A person shall hold a license issued by the Secretary before the person may:
(1)    Offer or perform medical laboratory tests or examinations in this State;
(2)    Offer or perform medical laboratory tests or examinations on specimens acquired from health care providers in this State at a medical laboratory located outside this State; or
(3)    Represent or service in this State a medical laboratory regardless of the laboratory’s location.
(b)    The Secretary shall issue a letter of exception to a laboratory that:
(1)    Performs only limited medical laboratory tests or examinations; and
(2)    Meets the exception requirements in regulations adopted by the Secretary pursuant to this subtitle.
(c)    For the purposes of this section, “limited medical laboratory tests or examinations” means medical laboratory procedures as defined in regulations adopted by the Secretary pursuant to this subtitle.
(d)    If preliminary screening procedures are performed by an operator who is trained under § 17–214(k) of this subtitle, an employer:
(1)    Is not required to obtain a permit or to obtain a letter of exception from the Secretary under this section to perform testing; but
(2)    Is required before performing preliminary screening procedures, as defined under § 17–214(a) of this subtitle, to register with the Secretary in accordance with requirements adopted in regulations by the Maryland Department of Health.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-207 - Applications for Licenses

(a)    An applicant for a license shall submit an application to the Secretary on the form that the Secretary requires.
(b)    An application for a license to operate a medical laboratory shall include:
(1)    The name of the owner;
(2)    The classes of services, complexity of testing, or the tests or examinations that the medical laboratory would provide; and
(3)    Any other information that the Secretary requires.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-208 - Issuance and Contents of License

(a)    The Secretary shall issue a license to any applicant who meets the standards and requirements of this subtitle and in regulations adopted pursuant to this subtitle.
(b)    A medical laboratory license shall include the name of the:
(1)    Medical laboratory;
(2)    Laboratory director; and
(3)    Owner of the laboratory.
(c)    A medical laboratory license shall designate the:
(1)    Complexity of testing that the laboratory may offer or perform;
(2)    Classes of services that may be offered;
(3)    Tests or examinations that may be offered or performed by the laboratory; or
(4)    Any combination of items (1), (2), and (3) of this subsection.
(d)    A medical laboratory may not operate in any manner beyond what is designated by its license.
(e)    A medical laboratory license issued by the Secretary under this subtitle is not transferable.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-210 - Denials, Suspensions, Revocations, and Limitations

(a)    The Secretary may deny a license to any applicant or suspend, revoke, or limit a license or the authority to offer or perform any class of service, complexity of testing, or tests that the license sets forth, if the medical laboratory or its director or other personnel fail to meet the standards and requirements under this subtitle and in regulations adopted pursuant to this subtitle.
(b)    (1)    If the Secretary finds that a laboratory issued a license under this subtitle no longer meets the standards and requirements under this subtitle and in regulations adopted pursuant to this subtitle, the Secretary may impose a directed plan of correction or limit the testing authorized by the license instead of suspending or revoking a license.
(2)    (i)    If the Secretary finds that a medical laboratory provided erroneous or questionable test results that pose a threat to the health and safety of patients, the Secretary may order the laboratory to:
1.    Notify the physicians or other individuals who ordered the tests of the erroneous or questionable test results; and
2.    Take any additional measures necessary to reduce or eliminate the threat to the health and safety of patients, including the notification of patients and the offering of retests.
(ii)    A medical laboratory that fails to comply with an order issued by the Secretary under subparagraph (i) of this paragraph is subject to a civil penalty of up to $1,000 for each day of noncompliance after the deadline for compliance stated in the Secretary’s order, not to exceed a maximum penalty of $50,000, instead of or in addition to any other sanction imposed under this section.
(c)    Except as otherwise provided in the Administrative Procedure Act, before the Secretary denies, suspends or revokes a license, or imposes a civil penalty under this section, the Secretary shall give the applicant or licensee notice and an opportunity for a hearing.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-211 - Proficiency Testing Program for Physicians

(a)    A laboratory issued a license under this subtitle shall enroll in and continue to demonstrate satisfactory performance as defined by the Secretary by regulations in a proficiency testing program or programs approved by the Secretary.
(b)    The Secretary shall adopt regulations that:
(1)    Define satisfactory proficiency testing performance; and
(2)    Set the standards and requirements that a proficiency testing program must meet before it can be designated as an approved program.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-212 - Operating Without License

Unless a person holds a license issued by the Secretary the person may not:
(1)    Offer or perform medical laboratory tests or examinations in this State;
(2)    Represent or service in this State a medical laboratory regardless of the laboratory’s location; or
(3)    Offer or perform medical laboratory tests or examinations on specimens acquired from health care providers in this State at a medical laboratory located outside this State.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-213 - Representing or Servicing Medical Laboratories

Unless a medical laboratory has a valid license, no other person on the laboratory’s behalf may:
(1)    Offer or perform medical laboratory tests or examinations in this State;
(2)    Offer or perform medical laboratory tests or examinations on specimens acquired from health care providers in this State at the medical laboratory located outside this State; or
(3)    Represent or service in this State the medical laboratory regardless of the laboratory’s location.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-215 - Advertising or Soliciting for Medical Laboratories

(a)    Except as provided in subsection (b) of this section, a person may not directly or indirectly advertise for or solicit business in this State for any medical laboratory, regardless of location, from anyone except a physician, hospital, medical laboratory, clinic, clinical installation, or other medical care facility.
(b)    (1)    (i)    This subsection applies only to:
1.    A diagnostic laboratory test or procedure for the purpose of screening, diagnosing, managing, or treating a physical or mental condition or disease; and
2.    Ancestry testing using Y–chromosome mitochondrial DNA or autosomal DNA testing limited to the detection and reporting of genetic evidence of parental lineage and genetic ethnicity.
(ii)    This subsection does not apply to germline genetic or genomic testing done in connection with the analysis, diagnosis, or prediction of human diseases.
(2)    Subject to paragraph (3) of this subsection, a person may directly or indirectly advertise for or solicit business in the State for a diagnostic laboratory test or procedure ordered by a physician and performed by a medical laboratory certified under 42 U.S.C. § 263a.
(3)    A person that directly or indirectly advertises for or solicits business in the State for a diagnostic laboratory test or procedure under this subsection:
(i)    Is a covered entity or business associate of a covered entity for purposes of the federal Health Insurance Portability and Accountability Act of 1996 and the federal Health Information Technology for Economic and Clinical Health Act;
(ii)    May not make a claim about the reliability and validity of the test or procedure that is inconsistent with the test or procedure’s performance as measured under 42 U.S.C. § 263a; and
(iii)    Shall disclose that the diagnostic laboratory test or procedure may or may not be covered by health insurance.
(4)    The Secretary may take legal action to restrict the marketing of a diagnostic laboratory test or procedure if the Secretary determines that:
(i)    There is a public health threat; or
(ii)    The diagnostic laboratory test or procedure is not in compliance with the requirements of this section.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-216 - Penalties

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction for a violation of the same provision. Each day a violation is continued after the first conviction is a subsequent offense.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2 - Medical Laboratories › Section 17-217 - Laboratory Advisory Committee

(a)    The Secretary shall establish a Laboratory Advisory Committee to advise the Secretary on matters relating to the implementation of the provisions of this subtitle.
(b)    The Advisory Committee shall consist of:
(1)    At least the following representatives appointed biennially from a list of eligibles:
(i)    1 member of the American Academy of Family Practitioners;
(ii)    1 member of the American Academy of Pediatricians;
(iii)    1 member of the American College of Physicians;
(iv)    1 member of the American Society for Clinical Pathology; and
(v)    1 member of the American College of Pathology; and
(2)    1 representative of the Advanced Medical Technology Association.
(c)    The Secretary may appoint any other individuals or representatives at the Secretary’s discretion.
(d)    The chairman of the Advisory Committee shall be designated by the Secretary every 2 years.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    (1)    “Forensic analysis” means a medical, chemical,  toxicologic, firearms, or other expert examination or test  performed on physical evidence, including DNA evidence, for the  purpose of determining the connection of the evidence to a  criminal act.
(2)    “Forensic analysis” includes an examination or test  required by a law enforcement agency, prosecutor, criminal  suspect or defendant, or court.
(3)    “Forensic analysis” does not include:
(i)    A test of a specimen of breath or blood to  determine alcohol concentration or controlled dangerous  substance content;
(ii)    Forensic information technology;
(iii)    A presumptive test performed at a crime scene;
(iv)    A presumptive test performed for the purpose  of determining compliance with a term or condition of community  supervision or parole and conducted by or under contract with a  county department of corrections or the State Department of  Public Safety and Correctional Services; or
(v)    An expert examination or test conducted  principally for the purpose of scientific research, medical  practice, civil or administrative litigation, or any other purpose  unrelated to determining the connection of physical evidence to a  criminal act.
(c)    “Forensic information technology” means digital or  electronic evidence that is stored or transmitted electronically.
(d)    (1)    “Forensic laboratory” means a facility, entity, or site that offers or performs forensic analysis.
(2)    “Forensic laboratory” includes a laboratory owned or operated by the State, a county or municipal corporation in the State, or another governmental entity.
(3)    “Forensic laboratory” does not include:
(i)    A forensic laboratory operated by the federal  government; or
(ii)    A laboratory licensed or certified by the  Department of Agriculture.
(e)    “License” means a permit, letter of exception, certificate, or other document issued by the Secretary granting approval or authority to offer or perform forensic laboratory tests, examinations, or analyses in the State.
(f)    “Limited forensic analysis” means a forensic laboratory  test or analysis defined in regulations adopted by the Secretary.
(g)    “Physical evidence” means any object, thing, or substance  relating to a criminal act.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-02 - Regulations for Standards and Requirements and for Forensic Proficiency Testing Program; Inspections; Compliance

(a)    (1)    The Secretary shall adopt regulations that set standards and requirements for forensic laboratories.
(2)    The regulations shall contain the standards and requirements that the Secretary considers necessary to assure the citizens of the State that forensic laboratories provide safe, reliable, and accurate services.
(3)    The regulations shall:
(i)    Require the director of a forensic laboratory to establish and administer an ongoing quality assurance program using standards acceptable to the Secretary;
(ii)    Require the director of a forensic laboratory to retain all case files for at least 10 years;
(iii)    Establish qualifications for the personnel of forensic laboratories;
(iv)    Establish procedures for verifying the background and education of the personnel of forensic laboratories; and
(v)    Establish any additional standards that the Secretary considers necessary to assure that forensic laboratories provide accurate and reliable services.
(b)    (1)    A forensic laboratory that examines or analyzes physical evidence shall demonstrate satisfactory performance in an approved proficiency testing program specifically related to the particular forensic analysis being  performed.
(2)    The Secretary shall adopt regulations for the forensic proficiency testing program that:
(i)    Define satisfactory proficiency testing performance; and
(ii)    Set standards and requirements that a forensic proficiency testing program shall meet.
(3)    The Department shall review a forensic laboratory’s proficiency testing program.
(c)    To assure compliance with the standards and requirements under this subtitle, the Secretary shall conduct:
(1)    An inspection of each forensic laboratory for which a license to operate is sought; and
(2)    An inspection of each forensic laboratory for which a license has been issued.
(d)    To assure compliance with the standards and requirements under this subtitle, the Secretary may conduct:
(1)    A complaint investigation; and
(2)    A validation survey of an accredited forensic laboratory.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-03 - Availability of Deficiency Statements and Plans of Correction; Confidentiality of Compliance Proceedings and Records

(a)    Forensic laboratory deficiency statements and plans of  correction are public documents.
(b)    A forensic laboratory shall make discrepancy logs,  contamination records, and test results  available to the public within 30 days of a written request.
(c)    Except as provided in subsection (a) of this section, the  proceedings, records, and files of an organization or State agency  responsible for assuring compliance with this subtitle shall be  confidential and not discoverable or admissible in evidence in a  civil or criminal action.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-04 - License Requirements; Exceptions

(a)    After December 31, 2011, a forensic laboratory shall hold a license  issued by the Secretary before the forensic laboratory may offer or perform  forensic analysis in the State.
(b)    The Secretary shall issue a letter of exception to a  laboratory that:
(1)    Performs only limited forensic analysis; and
(2)    Meets the exception requirements in regulations  adopted by the Secretary.
(c)    The Secretary may grant an out–of–state forensic  laboratory a waiver from the licensure requirements of this  subtitle with conditions.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-06 - Application for License

(a)    An applicant for a license shall submit an application to the Secretary on the form that the Secretary requires.
(b)    An application for a license to operate a forensic laboratory shall include:
(1)    The name of the operator or owner;
(2)    The tests or examinations that the forensic laboratory would provide; and
(3)    Any other information that the Secretary requires.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-07 - Issuance, Scope, and Status of License

(a)    The Secretary shall issue a license to an applicant that meets the standards and requirements of this subtitle.
(b)    A forensic laboratory license shall include the name of the:
(1)    Forensic laboratory;
(2)    Laboratory director; and
(3)    Operator or owner of the laboratory.
(c)    A forensic laboratory license shall designate the tests, examinations, or analyses that may be offered or performed by the laboratory.
(d)    A forensic laboratory may not operate in a manner not designated by the license issued under this subtitle.
(e)    A forensic laboratory license issued by the Secretary under this subtitle is not transferable.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-09 - Denial, Suspension, Revocation, or Limitation of License

(a)    The Secretary may deny a license to an applicant or suspend, revoke, or limit a license or the authority of a licensee to offer or perform tests that a license sets forth, if the forensic laboratory or its director or other personnel fail to meet the standards and requirements of this subtitle.
(b)    (1)    If the Secretary finds that a forensic laboratory  licensed under this subtitle no longer meets the standards and  requirements of this subtitle, the Secretary may:
(i)    Revoke the license of the forensic laboratory;  or
(ii)    Suspend the license of the forensic  laboratory.
(2)    If a deficiency exists, the Secretary may:
(i)    Impose a directed plan of correction;
(ii)    Regularly inspect the forensic laboratory to  assure compliance with the directed plan of correction; or
(iii)    Limit the testing authorized by the license.
(c)    If the Secretary finds that a forensic laboratory  provided erroneous or questionable test results, the Secretary  may order the laboratory to provide written notification to:
(1)    The person or agency that ordered the tests;
(2)    The Office of the Public Defender or counsel of  record; and
(3)    The State’s Attorney.
(d)    A State’s Attorney who receives notification from a  laboratory under subsection (c) of this section shall notify the  victim of the criminal act or the victim’s representative of the  erroneous or questionable test results.
(e)    A forensic laboratory that fails to comply with an order issued by the Secretary under subsection (c) of this section is subject to a civil penalty of up to $1,000 for each day of noncompliance after the deadline for compliance stated in the  Secretary’s order, not to exceed a maximum penalty of $50,000.
(f)    Except as otherwise provided in the Administrative Procedure Act, before the Secretary denies, suspends, or revokes a license, or imposes a civil penalty under this section, the Secretary shall give the applicant or licensee notice and an opportunity for a hearing.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-10 - Discrimination or Retaliation Against Employees Reporting Irregularities Prohibited

(a)    In this section, “discriminate or retaliate” includes:
(1)    Failing to promote an individual or to provide another employment–related benefit for which the individual would otherwise be eligible;
(2)    Making an adverse evaluation or decision in relation to accreditation, certification, credentialing, or licensing of the individual; or
(3)    Taking a personnel action that is adverse to the individual concerned.
(b)    An employee who works in a forensic laboratory may disclose information to the Secretary that the employee believes evidences a violation of standards and requirements for forensic laboratories in the State.
(c)    A forensic laboratory may not discriminate or retaliate against an employee because the employee:
(1)    Discloses information under subsection (b) of this section; or
(2)    Has agreed to cooperate with an investigation of the forensic laboratory.
(d)    (1)    The Secretary shall develop, through regulation, a document that informs the employees of a forensic laboratory of the procedures to report instances of noncompliance or other violations of the standards and requirements for forensic  laboratories in the State.
(2)    The Secretary shall distribute the document developed under paragraph (1) of this subsection to forensic laboratories in the State.
(e)    A forensic laboratory shall post the document developed under subsection (d) of this section in a conspicuous place.
(f)    An employee of a forensic laboratory who has been discriminated or retaliated against in violation of subsection (c) of this section may initiate an action and, on prevailing, shall be entitled to:
(1)    Reinstatement;
(2)    Reimbursement for lost wages;
(3)    Work benefits lost as a result of the unlawful acts of the employing laboratory; and
(4)    Reasonable attorney’s fees and costs associated with pursuing the action.
(g)    No action may be brought under this  subsection more than 2 years after the discrimination or retaliation that is the basis for the action.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-11 - Violations; Penalties

(a)    A person that violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to:
(1)    A fine not exceeding $100 for the first offense; and
(2)    A fine not exceeding $500 for each subsequent conviction for a violation of the same provision.
(b)    Each day on which a violation occurs is a separate violation under this section.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 2A - Forensic Laboratories › Section 17-2A-12 - Forensic Laboratory Advisory Committee

(a)    The Governor shall establish a Forensic Laboratory Advisory Committee to advise the Secretary on matters relating to the implementation of the provisions of this subtitle.
(b)    The Advisory Committee shall consist of the following 10 members:
(1)    The Director of the Laboratories Administration in the Department, or the Director’s designee;
(2)    The Director of the Office of Health Care Quality in the Department, or the Director’s designee; and
(3)    The following members, appointed by the Governor:
(i)    One from the American Society for Clinical Laboratory Science;
(ii)    One from the University of Maryland School of Medicine, Department of Medical Research and Technology;
(iii)    One from the American Association for Laboratory Accreditation;
(iv)    One from the American Academy of Forensic Sciences;
(v)    One from the ANSI–ASQ National Accreditation Board; and
(vi)    Three directors of forensic laboratories in the State, including:
1.    One from a forensic laboratory operated by the State;
2.    One from a forensic laboratory operated by a county; and
3.    One from a forensic laboratory operated by a municipal corporation.
(c)    (1)    The term of an appointed member is 3 years.
(2)    The terms of appointed members are staggered as required by the terms provided for appointed members of the Advisory Committee on October 1, 2007.
(d)    The Governor shall designate the chair of the Advisory Committee.
(e)    A majority of the members serving on the Advisory Committee represents a quorum to conduct business.
(f)    A member of the Advisory Committee may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(g)    The Department shall provide staff for the Advisory Committee.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-301 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Permit” means a permit issued by the Secretary:
(1)    To operate a tissue bank in this State; or
(2)    To represent or service in this State a tissue bank that is outside this State.
(c)    (1)    “Tissue bank” means an establishment that obtains, stores, processes, distributes, or sells human blood or other human tissue for use in the human body.
(2)    “Tissue bank” includes a blood bank.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-302 - Standards and Inspections of Tissue Banks

(a)    (1)    The Secretary shall adopt rules and regulations that set standards for tissue banks.
(2)    The rules and regulations shall contain the standards that the Secretary considers necessary to assure the citizens of this State that tissue banks provide safe and reliable services.
(b)    To assure compliance with the standards adopted under this subtitle, the Secretary shall:
(1)    Have an inspection made of each tissue bank for which a permit to operate is sought; and
(2)    Have an inspection made periodically or make an agreement with an organization to do, at no cost to this State, a periodic inspection of each tissue bank for which a permit has been issued.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-303 - Qualifications of Directors

(a)    The Secretary shall adopt rules and regulations that set qualifications for directors of tissue banks.
(b)    The rules and regulations shall require that a tissue bank in this State employ or retain under contract:
(1)    A technical director, qualified by training and experience for the scope of activities being pursued, who will oversee and be responsible for all technical aspects of the tissue bank’s operations; and
(2)    A medical director who will be a physician licensed to practice medicine in this State and who will be responsible for all medical aspects of the tissue bank’s operations, unless the technical director qualifies as a medical director under this section.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-307 - Applications for Permits

(a)    An applicant for a permit shall submit an application to the Secretary on the form that the Secretary requires.
(b)    (1)    An application for a permit to operate a tissue bank shall include:
(i)    The name of the owner;
(ii)    The classes of services that the tissue bank would provide; and
(iii)    Any other information that the Secretary requires.
(2)    An application for a permit to represent or service a tissue bank shall include satisfactory evidence that the tissue bank to be represented or serviced and its director meet the requirements that the Secretary adopts under this subtitle.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-308 - Issuance and Contents of Permit

(a)    The Secretary shall issue a permit to any applicant who meets the requirements of this subtitle.
(b)    The Secretary shall include on each permit that the Secretary issues:
(1)    The name of the tissue bank;
(2)    The name of its director;
(3)    The name of its owner; and
(4)    The classes of services that the tissue bank may offer.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-311 - Denials, Suspensions, and Revocations

(a)    The Secretary may deny a permit to any applicant or suspend or revoke a permit or the authority to offer or perform any class of service that the permit sets forth, if the tissue bank or its director fails to meet the requirements that the Secretary adopts under this subtitle.
(b)    Except as otherwise provided in the Administrative Procedure Act, before the Secretary takes any action under this section, the Secretary shall give the applicant or permit holder notice and an opportunity for a hearing.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-313 - Representing or Servicing Tissue Banks

(a)    A person may not represent or service any tissue bank, regardless of location, unless the tissue bank and its director meet the standards and qualifications that the Secretary adopts under this subtitle.
(b)    A person may not represent or service in this State any tissue bank that is not in this State unless the person holds a permit to represent or service the tissue bank.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 3 - Tissue Banks › Section 17-314 - Penalties

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction for a violation of the same provision. Each day a violation is continued after the first conviction is a subsequent offense.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 5 - Cholesterol Testing › Section 17-501 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Cholesterol testing” includes collecting a test specimen, testing to detect the amount of cholesterol in an individual’s blood, and the reporting of test results.
(c)    “Permit” means a permit issued by the Secretary to a person who:
(1)    Offers to provide, with or without charge, a test to detect the amount of cholesterol in an individual’s blood; and
(2)    Conducts the test outside a permanently located medical laboratory issued a permit or excepted from a permit under Subtitle 2 of this title.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 5 - Cholesterol Testing › Section 17-502 - Permits Generally Required

(a)    Except as provided under subsection (b) of this section and § 17-503 of this subtitle, a person shall obtain a permit from the Department before:
(1)    Offering to provide a test to detect the amount of cholesterol in an individual’s blood; and
(2)    Conducting the cholesterol test outside a permanently located medical laboratory issued a permit or excepted from a permit under Subtitle 2 of this title.
(b)    A cholesterol testing permit is not required under this subtitle for a medical laboratory that:
(1)    Is licensed under Subtitle 2 of this title; and
(2)    As set forth in the license, provides tests or services in the discipline of chemistry or health awareness.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 5 - Cholesterol Testing › Section 17-503 - Submission of Plans

(a)    Any local or county health department may submit to the Secretary its cholesterol testing plan for review.
(b)    (1)    The Secretary shall review all submissions under this section as soon as reasonably possible after the submission in order to determine whether it meets the standards necessary for adequate off-site cholesterol testing in accordance with this subtitle.
(2)    If a plan submitted under this section meets the standards of this subtitle, the Secretary may waive the permit requirements of the subtitle and permit the submitting local or county health department to conduct cholesterol testing under this subtitle for a period of 12 months, provided that:
(i)    The submission adequately describes the cholesterol testing plan for the effective 12 months;
(ii)    The local or county health department provides all information that the Secretary may reasonably require to determine compliance with this section;
(iii)    The local or county health department agrees to make records available and submit reports to the Secretary as the Secretary may require;
(iv)    Changes and amendments to the plan are submitted 60 days prior to proposed implementation; and
(v)    All changes and amendments to the plan are approved by the Secretary.
(3)    If a plan submitted under this section does not meet the standards of this subtitle, or if the information supplied in the submission is considered by the Secretary to be insufficient for a determination, the submitting local or county health department shall apply for a permit in accordance with this subtitle.
(c)    The Secretary may cancel a waiver granted under this section at any time if the Secretary finds that the local or county health department does not continue to meet the standards of this subtitle.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 5 - Cholesterol Testing › Section 17-504 - Regulations; Certification of Personnel Not Required

(a)    The Secretary shall adopt regulations to implement the provisions of this subtitle, including regulations that assure the citizens of this State that cholesterol testing conducted outside a permanently located medical laboratory meets appropriate national standards of quality assurance.
(b)    The regulations shall include:
(1)    Personnel training standards, including requirements for reasonable training, experience, and competency in:
(i)    Simple procedures used in drawing blood for cholesterol testing; and
(ii)    The operation of blood chemical analyzers used for cholesterol screening;
(2)    Quality assurance standards;
(3)    Standards for counseling and referral procedures;
(4)    Standards for releasing and reporting test results; and
(5)    A prohibition on the payment of any sum to any person for bringing or referring a patient.
(c)    (1)    The Secretary may not require that cholesterol testing personnel that conduct cholesterol tests under this subtitle be certified in a medical laboratory specialty.
(2)    All cholesterol testing conducted under this subtitle shall be overseen by a supervisor knowledgeable in all aspects of cholesterol testing services.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 5 - Cholesterol Testing › Section 17-507 - Issuance and Contents of Permit

(a)    The Secretary shall issue a permit to any applicant who meets the requirements of this subtitle.
(b)    The Secretary shall include on each permit:
(1)    The name of the permittee;
(2)    The address of the permittee; and
(3)    The expiration date of the permit.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 5 - Cholesterol Testing › Section 17-509 - Denials, Suspensions, or Revocations

(a)    The Secretary may deny a permit to an applicant or suspend or revoke an existing permit for failure to comply with the provisions of this subtitle and any regulation adopted under this subtitle.
(b)    Except as otherwise provided in the Administrative Procedure Act, before the Secretary takes any action under this section, the Secretary shall give the applicant or permit holder notice and an opportunity for a hearing.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 5 - Cholesterol Testing › Section 17-511 - Violations; Penalties

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for the first offense and not exceeding $500 for each subsequent conviction for a violation of the same provision. Each day a violation is continued after the first conviction is a subsequent offense.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 6 - Biological Agents Registry Program › Section 17-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Biological agent” means any biological agent as defined in Title 42, Part 73 of the Code of Federal Regulations, or Title 9, Part 121 of the Code of Federal Regulations.
(c)    “Maryland Institute for Emergency Medical Services Systems” means the unit described in § 13-503 of the Education Article.
(d)    “Person” includes State and federal units of government.
(e)    “Program” means the Biological Agents Registry Program.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 6 - Biological Agents Registry Program › Section 17-602 - Registry Program

(a)    There is a Biological Agents Registry Program in the Department.
(b)    The Biological Agents Registry shall:
(1)    Identify the biological agents possessed and maintained by any person in this State; and
(2)    Contain other information as required by regulations adopted by the Department.
(c)    The Department shall adopt regulations for the implementation of the Program that:
(1)    Determine and list the biological agents required to be reported under this subtitle;
(2)    Designate the persons required to make reports and the specific information required to be reported;
(3)    Designate time limits for reporting, the form of reports, and the persons to whom reports are to be submitted;
(4)    Require local jurisdictions to be informed of the location and nature of each biological agent in the Registry that is located within the local jurisdiction;
(5)    Provide for the release of information in the Biological Agents Registry to:
(i)    State and federal law enforcement agencies and the Centers for Disease Control and Prevention pursuant to a communicable disease investigation commenced or conducted by the Department or other State or federal law enforcement agency having investigatory authority, or in connection with any investigation involving release, theft, or loss of biological agents;
(ii)    The Maryland Department of Emergency Management and the Maryland Department of the Environment for the purposes of planning for the protection of the public in relation to the release of a biological agent and the prevention of a release of a biological agent; and
(iii)    The Maryland Institute for Emergency Medical Services Systems for the purposes of providing certain specified information to:
1.    A police officer, as defined in § 3–201(f) of the Public Safety Article, responding to an emergency; and
2.    A fire, rescue, or emergency medical services entity, as defined in § 7–101 of the Public Safety Article, performing emergency services, responding to a fire or other emergency, or dispatched on a call for emergency services;
(6)    Establish a system of safeguards that requires persons possessing, maintaining, and transferring biological agents subject to this subtitle to comply with the same federal standards that apply to persons registered to transfer the same agents under federal law; and
(7)    Establish a process for persons that possess and maintain biological agents to alert appropriate authorities of unauthorized possession or attempted possession of biological agents.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 6 - Biological Agents Registry Program › Section 17-603 - Reporting Requirements

(a)    Except as provided in subsection (b) of this section, any person that possesses and maintains any biological agent shall report to the Department the information required by the Department for inclusion in the Biological Agents Registry.
(b)    Subsection (a) of this section does not apply to a biological agent or a certified laboratory or facility that is exempt from the requirements for the interstate shipment of etiologic agents under Title 42, Part 72.6(h) or Part 72, Appendix A of the Code of Federal Regulations.
2023 Maryland Statutes › Health - General › Title 17 - Laboratories › Subtitle 6 - Biological Agents Registry Program › Section 17-604 - Confidentiality

(a)    Except as otherwise provided in this subtitle, information prepared for or maintained in the Biological Agents Registry shall be confidential and is not subject to Title 4 of the General Provisions Article.
(b)    Release of information from the Registry as authorized by regulations adopted under § 17-602(c) of this subtitle shall not render the information released a public record.
(c)    A person or entity to whom specified information has been released from the Registry as authorized by regulations adopted under § 17-602(c) of this subtitle may not release the information unless the release is approved by the Biological Agents Registry Program.