Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 51 - FORENSIC LABORATORIES › Chapter 10.51.03 - Licenses › Section 10.51.03.01 - License - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Requirements.
(1) A person shall obtain a
				  license from the Secretary before performing or offering to perform a forensic
				  analysis in this State.
(2) A
				  person may not perform or offer to perform forensic analysis without first
				  obtaining a forensic laboratory license from the Secretary.
(3) Letter of Permit Exception.
(a) The Secretary may grant an individual a
				  letter of permit exception if:
(i) The
				  individual is not affiliated with a public or commercial laboratory that
				  performs forensic analyses;
(ii)
				  The application for the letter of permit exception is limited to an individual
				  performing limited forensic analysis in a discipline or subdiscipline;
				  and
(iii) The individual applying
				  for the letter of permit exception has documentation that demonstrates the
				  individual's competency and experience in the specific forensic discipline or
				  subdiscipline in which the forensic analysis will be performed.
(b) The individual who will
				  perform the forensic analysis shall:
(i)
				  Submit an application for a letter of permit exception to the Department for
				  approval;
(ii) Renew a letter of
				  permit exception every 3 years from the date of issuance, if renewal is
				  desired;
(iii) Be subject to
				  oversight by the Department; and
(iv) Be subject to the sanctions set forth in
				  COMAR 10.51.07.
(4) Waiver.
(a) The Secretary may grant to a forensic
				  laboratory not located in this State, a waiver from the licensing requirements
				  of this subtitle if:
(i) The forensic
				  analysis or examination is not performed by a licensee;
(ii) The waiver is limited to a single case
				  or related cases; and
(iii) The
				  person requesting the waiver has documentation that demonstrates the forensic
				  laboratory's competency and quality.
(b) A licensee, a party to a criminal case or
				  related cases, or the forensic laboratory that has been requested to perform a
				  forensic analysis shall:
(i) Submit a request
				  for a waiver for approval by the Department; and
(ii) Make requests in accordance with the
				  process established by the Department.
(c) The Department may require an
				  out-of-State laboratory that has been waived for licensure to apply for
				  licensure based on the number of waivers issued to that laboratory by the
				  Department.
(d) The Department may
				  deny a waiver if:
(i) The Department
				  determines the laboratory has been the subject of frequent waiver requests and
				  the laboratory has failed to apply for licensure; or
(ii) The laboratory's license application was
				  denied or its license was suspended or revoked by the Department.
(5) Prohibited
				  Analyses. The Secretary may impose principal and alternative sanctions as set
				  forth in this subtitle if a person performs or offers to perform a forensic
				  analysis or part of a forensic analysis, including the use of a reagent,
				  supply, procedure, method, technique, kit, or equipment, that:
(a) Does not produce accurate or reliable
				  forensic analysis results as evidenced by documented, independent scientific
				  testing and evaluation; or
(b)
				  Lacks proof of efficacy substantiated by independently conducted and documented
				  scientifically based evidence.