reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.06 - Reconsideration and Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant or recipient who has been notified by the Department of disenrolhnent
				  or ineligibility for MADAP-Plus benefits may request reconsideration of the
				  decision by submitting additional supporting documentation or information to
				  the Department within 30 business days of notification.
B. If an applicant or recipient submits a
				  timely request for reconsideration, the Department shall:
(1) Review all additional supporting
				  documentation, within five business days of the Department's receipt of the
				  request for reconsideration; and
(2) Issue a final decision in writing to the
				  applicant or recipient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.07 - Payment Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  recipient, recipient's representative, health care provider, insurer, employer,
				  or health plan administrator, as applicable:
(1) May request payment costs allowed under
				  this chapter on behalf of the recipient according to procedures established by
				  the Department ;
(2) Shall submit a
				  payment request that is:
(a) An invoice for
				  the recipient's health or prescription drug plan insurance premium, copays,
				  coinsurance, and deductibles for core medical services issued by an insurer, an
				  employer, a health plan administrator, prescription drug plan administrator, or
				  a health care provider; and
(b)
				  Submitted timely to allow for payment in accordance with §§A(3) and
				  B(4) of this regulation; and
(3) Shall make the initial request for the
				  payment of costs within the time frames established by the health or
				  prescription drug insurance policy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.08 - Recovery of Payments

Current through Register Vol. 51, No. 14, July 12, 2024
If MADAP-Plus payments have been incorrectly paid or
					 another payer has been identified, the Department shall seek recovery of the
					 amount of those payments.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.09 - Fraud

Current through Register Vol. 51, No. 14, July 12, 2024
The Department shall pursue cases of suspected
					 misrepresentation or fraud pursuant to Criminal Law Article, §
										8-503, Annotated Code of
					 Maryland, or any other applicable statutory provision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.10 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise authorized by law, the Department:
A. Shall keep all applicant and recipient
				  personal information confidential;
B. May not disclose personal information kept on an applicant or
				  recipient without the written consent of the:
(1) Applicant;
(2)
				  Recipient;
(3) Applicant's parent
				  or legal guardian; or
(4)
				  Recipient's parent or legal guardian;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.11 - Availability of Funding and Program Termination

Current through Register Vol. 51, No. 14, July 12, 2024
A. If sufficient monies are not available to
				  fund MADAP-Plus, the Department shall take the action necessary to eliminate a
				  deficit which may include MADAP-Plus termination.
B. If MADAP-Plus is terminated, the
				  Department shall provide coverage for each current recipient until the earlier
				  of:
(1) The date on which the next
				  verification of eligibility is due to be submitted to the Department;
				  or
(2) Six months from the date
				  MADAP-Plus is terminated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.12 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.13 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.14 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.15 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.07 - Maryland AIDS Drug Assistance Program: Health Insurance (MADAP-PLUS) › Section 10.18.07.16 - Repealed

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in §§C-F of this regulation, this chapter governs:
(1) Pretest and post-test
				  information;
(2) Requirements for
				  reporting and control efforts;
(3)
				  Requirements for informed consent; and
(4) Specific counseling for patients,
				  including when HIV testing is performed on pregnant women as part of a prenatal
				  care program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.03 - Requirements for Designated Anonymous Testing Sites

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall seek approval from an
				  appropriate entity to become a designated anonymous testing site from the:
(1) Baltimore City Health Department for an
				  applicant offering services in Baltimore City; or
(2) Department for an applicant offering
				  services outside of Baltimore City.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.04 - Requirements for Designated Confidential Testing Sites

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall seek approval from an
				  appropriate entity to become a designated confidential testing site from the:
(1) Baltimore City Health Department for an
				  applicant offering services in Baltimore City, or
(2) Department for an applicant offering
				  services outside of Baltimore City.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.05 - Denial and Reconsideration

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant under Regulation .03 or .04 of this chapter that has a written
				  request denied by the appropriate entity may request reconsideration of the
				  decision:
(1) By submitting the request in
				  writing to the appropriate entity; and
(2) Within 30 calendar days of the date on
				  the notice of denial.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.06 - Consent and Pretest Requirements for HIV Testing by Health Care Providers

Current through Register Vol. 51, No. 14, July 12, 2024
A. General medical
				  consent is sufficient to perform HIV testing.
B. Consent for HIV testing is only required
				  to be obtained one time during a patient's visit.
C. A health care provider who obtains consent
				  for HIV testing shall:
(1) Obtain consent as a
				  part of a patient's general consent for medical care in the same manner as for
				  other screening and diagnostic tests;
(2) Document all declinations of an HIV test
				  in the medical record of the patient; and
(3) When needed, obtain:
(a) Consent from a health care agent
				  designated per Health-General Article, §5-602, Annotated Code of Maryland;
				  or
(b) Surrogate consent per
				  Health-General Article, §5-605 Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.07 - Testing Requirements for Pregnant Women Receiving Prenatal Care

Current through Register Vol. 51, No. 14, July 12, 2024
A. As part of a
				  health care provider's patient acceptance procedures or protocol, a health care
				  provider shall give a pregnant woman information on being tested for the
				  presence of HIV as part of the woman's prenatal care program.
B. In addition to §§C-E of this
				  regulation, a health care provider testing a pregnant woman shall follow all
				  requirements for pretest and post-test information as set forth in Regulations
				  .06 and .08-.10 of this chapter as appropriate.
C. Unless a patient declines, a health care
				  provider shall test a pregnant woman under the health care provider's care:
(1) During the first trimester of pregnancy
				  or the first prenatal visit; and
(2) In the third trimester of
				  pregnancy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.08 - Consent and Pretest Requirements for HTV Testing in Nonclinical Settings

Current through Register Vol. 51, No. 14, July 12, 2024
A. For HIV tests
				  administered in nonclinical settings, as permitted in Regulations .03 and .04
				  of this chapter, the individual administering the HIV test shall:
(1) Utilize the HIV informed consent form
				  approved by the Secretary to document the obtainment of informed
				  consent;
(2) Read and explain the
				  HIV informed consent form, through an interpreter if necessary, to anyone who
				  cannot read or understand the form's contents; and
(3) Obtain voluntary written informed consent
				  from the patient before an HIV test is performed on a specimen.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.09 - Post-Test Requirements for HIV Testing by Health Care Providers

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a patient's
				  HIV test result is negative, the individual providing testing shall provide
				  post-test information to the patient tested that includes:
(1) That the HIV test result is negative;
				  and
(2) The meaning of a negative
				  result.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.10 - Post-Test Requirements for HIV Testing in Nonclinical Settings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If a patient's
				  HIV test result is negative, the individual providing testing shall provide
				  post-test information to the patient tested that includes:
(1) That the HIV test result is
				  negative;
(2) The meaning of a
				  negative result; and
(3) A
				  recommendation about whether a repeat test is advisable based on potential
				  recent exposures and the type of test technology used.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.11 - Immunity for Health Care Providers Working with Pregnant Women

Current through Register Vol. 51, No. 14, July 12, 2024
A health care provider may not be subject to disciplinary
					 action by the professional licensing board that licenses the health care
					 provider for following the requirements for prenatal HIV testing established by
					 the Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.12 - Reserved

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 18 - HUMAN IMMUNODEFICIENCY VIRUS (HIV) INFECTION AND ACQUIRED IMMUNODEFICIENCY SYNDROME (AIDS) › Chapter 10.18.08 - HIV Testing Procedures › Section 10.18.08.13 - Information on Exposures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  hospital where an exposure occurred shall:
(1) Maintain a confidential record or
				  incident report for an HIV test conducted under Regulation .12 of this
				  chapter;
(2) Adopt procedures for
				  the confidential HIV testing of blood samples or other body fluids used or
				  collected for purposes of Regulation .12 of this chapter;
(3) Maintain a record of:
(a) An exposure as defined by Health-General
				  Article, §18-338.3(a), Annotated Code of Maryland; and
(b) A refusal to consent by a patient as
				  described in the Health-General Article, §18-338.3(b)(2)(ii), Annotated
				  Code of Maryland; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.01 - Prohibition of Bisphenol-A in Child Care Articles › Section 10.19.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes regulations that prohibit the
					 manufacturing, sale, or distribution of child care articles that contain
					 bisphenol-A, also known as BPA.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.01 - Prohibition of Bisphenol-A in Child Care Articles › Section 10.19.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Bisphenol-A (BPA)" means an industrial
				  chemical also known as 2,2-bis (4-hydroxyphenyl) propane used primarily in the
				  manufacture of polycarbonate plastic and epoxy resins.
(2) "Child care article" means an empty
				  bottle or cup to be filled with food or liquid that is designed or intended by
				  a manufacturer to be used by a child younger than 4 years old.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.01 - Prohibition of Bisphenol-A in Child Care Articles › Section 10.19.01.03 - Prohibition of Bisphenol-A in Child Care Articles

Current through Register Vol. 51, No. 14, July 12, 2024
On or after January 1, 2012, a person may not manufacture,
					 knowingly sell, or distribute in commerce a child care article containing
					 bisphenol-A.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.01 - Prohibition of Bisphenol-A in Child Care Articles › Section 10.19.01.04 - Requirements on Manufacturers

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A manufacturer of a child care article shall use a safe and legal alternative
				  to BPA when replacing BPA in a child care article.
B. A manufacturer of a child care article may
				  not use in place of BPA a substance determined by the United States
				  Environmental Protection Agency to be a:
(1)
				  Group A, B, or C carcinogen; or
(2)
				  Reproductive toxicant causing birth defect, reproductive harm, or developmental
				  harm.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.01 - Prohibition of Bisphenol-A in Child Care Articles › Section 10.19.01.05 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
A person that violates any of the provisions of
					 Health-General Article, §24-304, Annotated Code of Maryland, is guilty of
					 a misdemeanor and on conviction is subject to a fine not exceeding $10,000 for
					 each violation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.02 - Hazardous Substances › Section 10.19.02.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
A. All
				  provisions of 16 Code of Federal Regulations, Parts 1500 and 1505, are
				  incorporated by reference, with the following changes set forth
				  below.
B. 1500.3 Definitions.
(1) "Act" means the Maryland Hazardous
				  Substance Act, Health-General Article, §22-502, Annotated Code of
				  Maryland.
(2) "Commission" means
				  the Department of Health and Mental Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.01 - Scope and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Secretary of the Department of Health and Mental Hygiene recognizes that the
				  public interest requires control over the use of controlled dangerous
				  substances in the legitimate manufacture, distribution, and dispensing of
				  controlled dangerous substances. The Secretary is adopting some sections of the
				  Code of Federal Regulations, and these sections are identified by the federal
				  citation in parentheses after the heading.
B. This chapter applies to every registrant
				  who manufactures, distributes, or dispenses any controlled dangerous substances
				  within the State of Maryland, unless exempted from registration by Criminal Law
				  Article, §
										5-301(d),
				  Annotated Code of Maryland, or
				  21 CFR §§
											1301.22-
				  1301.24.
C. In the event of conflict between a
				  provision of the Code of Federal Regulations referenced under §B of this
				  regulation and a provision of this chapter, the registrant shall comply with
				  the more stringent provision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.03 - Registration; Registration Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirement. A person shall register with
				  the Department and obtain and maintain a registration certificate before the
				  person:
(1) Manufactures, distributes, or
				  dispenses controlled dangerous substances;
(2) Conducts research or instructional
				  activities with controlled dangerous substances listed in Schedules II through
				  V of Criminal Law Article, §§
											5-403 -5-406, Annotated
				  Code of Maryland;
(3) Conducts
				  research or instructional activities with a controlled dangerous substance
				  listed in Schedule I of Criminal Law Article, §
											5-402, Annotated Code of
				  Maryland; or
(4) Conducts a
				  chemical analysis with controlled dangerous substances listed in any
				  schedule.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.04 - Labeling and Packaging Requirements for Controlled Dangerous Substances. (Title 21, Code of Federal Regulations 1302.01)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements governing the labeling and
				  packaging of controlled dangerous substances pursuant to Criminal Law Article,
				  §§
										5-202 and
				  5-604, Annotated Code of
				  Maryland, are set forth generally by those sections and specifically by the
				  sections of this regulation.
B.
				  Symbol Required-Exceptions (21 CFR §
											1302.03).
(1) Each commercial container of a controlled
				  dangerous substance (except for a controlled dangerous substance excepted by
				  the Administrator pursuant to Title 21, Code of Federal Regulations, §
				  1308.31, shall have printed on the label the symbol designating the schedule in
				  which this controlled dangerous substance is listed. Each commercial container,
				  if it has no label, shall bear a label complying with the requirement of this
				  part.
(2) Each manufacturer shall
				  print upon the labeling of each controlled dangerous substance distributed by
				  the manufacturer the symbol designating the schedule in which this controlled
				  dangerous substance is listed.
(3)
				  Schedules.
(a) The following symbols shall
				  designate the schedule corresponding to it:
Schedule
Symbol
Schedule I
CI or C-I
Schedule II
CII or C-II
Schedule III
CIII or C-III
Schedule IV
CIV or C-IV
Schedule V
CV or C-V
(b) The word "schedule" need not be used. A
				  distinction need not be made between narcotic and non-narcotic
				  substances.
(4) The
				  symbol is not required on a carton or wrapper in which a commercial container
				  is held if the symbol is easily legible through this carton or
				  wrapper.
(5) The symbol is not
				  required on a commercial container too small or otherwise unable to accommodate
				  a label, if the symbol is printed on the box or package from which the
				  commercial container is removed upon dispensing to an ultimate user.
(6) The symbol is not required on a
				  commercial container containing, or on the labeling of, a controlled dangerous
				  substance being used in clinical research involving blind and double blind
				  studies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.05 - Records and Reports Required of Registrants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Records and reports required of
				  applicants, pursuant to Criminal Law Article, §
										5-306, Annotated Code of
				  Maryland, shall be the same as required in 21 CFR 1304, as amended.
B. Inventories developed under the Federal
				  Act under the date of May 1, 1971, and subsequent biennial inventory dates are
				  acceptable for purposes of the Maryland Act. After the initial inventory is
				  taken, the registrant shall take a new inventory of all stocks of controlled
				  substances on hand at least every 2 years. The biennial inventory may be taken
				  on any date which is within 2 years of the previous biennial inventory
				  date.
C. On the effective date a
				  substance is added to any schedule of controlled dangerous substances pursuant
				  to Criminal Law Article, §
										5-202, Annotated Code of
				  Maryland, every registrant required to keep records who possesses that
				  substance shall take an inventory of all stocks of that substance on hand.
				  Thereafter, that substance shall be included in each inventory made by the
				  registrant.
D. Each person
				  registered as a manufacturer, distributor, dispenser, researcher, or chemical
				  analyst shall be required to maintain inventory records, as stipulated in Title
				  21, Code of Federal Regulations, § 1304.11, and they shall be accessible
				  to the representative of the Secretary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.06 - Order Forms

Current through Register Vol. 51, No. 14, July 12, 2024
The Maryland Act directs that Controlled Dangerous
					 Substances in Schedule I and II shall be distributed by a registrant, pursuant
					 to an order form, and that compliance with the provisions of the federal law
					 respecting order forms for these schedules is compliance with the Maryland Act.
					 For administrative interpretations, the regulations effective pertaining to the
					 federal law respecting order forms are hereby incorporated into these
					 regulations in their entirety (Title 21, Part 1305, §§ 1305.01
					 through 1305.16 ).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.07 - Prescriptions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Provisions
				  governing the issuance, filling, and filing of prescriptions pursuant to
				  Criminal Law Article, §§
										5-501 -5-505, Annotated
				  Code of Maryland, are set forth generally in those sections and specifically by
				  the sections of this regulation.
B.
				  Persons Entitled to Issue Prescriptions (21 CFR §
											1306.03).
(1) A prescription for a controlled dangerous
				  substance may be issued only by an individual practitioner who is:
(a) Authorized to prescribe controlled
				  dangerous substances in the State of Maryland, in which the practitioner is
				  licensed to practice the practitioner's profession; and
(b) Either registered or exempted from
				  registration pursuant to 21
				  CFR §
													1301.22(c) and
				  21 CFR §
													1301.23.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.09 - Controlled Substances Listed in Schedules III, IV, and V

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirement of Prescriptions Listed in
				  Schedules III, IV, and V (21
				  CFR §
											1306.21).
(1) A pharmacist may dispense directly a
				  controlled dangerous substance listed in Schedules III, IV, or V, which is a
				  prescription drug as determined under the Federal Food, Drug, and Cosmetic Act,
				  or State Law, only pursuant to either a written prescription signed by a
				  prescribing individual practitioner or a facsimile received by facsimile
				  equipment of a written, signed prescription transmitted by the practitioner or
				  the practitioner's agent to the pharmacy or pursuant to an oral prescription
				  made by a prescribing individual practitioner and immediately reduced to
				  writing by the pharmacist containing all information required in Regulation .07
				  of this chapter, except the signature of the prescribing individual
				  practitioner.
(2) An individual
				  practitioner may administer or dispense directly a controlled dangerous
				  substance listed in Schedules III, IV, or V in the course of the individual
				  practitioner's professional practice without a prescription, subject to
				  Regulation .07 of this chapter.
(3)
				  An institutional practitioner may administer or dispense directly (but not
				  prescribe) a controlled dangerous substance listed in Schedule III, IV, or V
				  only pursuant to:
(a) A written prescription
				  signed by a prescribing individual practitioner;
(b) A facsimile received by facsimile
				  equipment of a written prescription or order for medication transmitted by the
				  practitioner or the practitioner's agent to the institutional
				  practitioner-pharmacist;
(c) An
				  oral prescription made by a prescribing individual practitioner and immediately
				  reduced to writing by the pharmacist (containing all information required in
				  Regulation .07 of this chapter, except for the signature of the prescribing
				  individual practitioner); or
(d) An
				  order for medication made by an individual practitioner, which is dispensed for
				  immediate administration to the ultimate user, subject to Regulation .07 of
				  this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.10 - Miscellaneous (21 CFR Section1307)

Current through Register Vol. 51, No. 14, July 12, 2024
A. Distribution by Dispenser to Another
				  Practitioner (21 CFR §
											1307.11).
(1) A practitioner who is registered to
				  dispense a controlled dangerous substance may distribute (without being
				  registered to distribute) a quantity of the substance to another practitioner
				  for the purpose of general dispensing by the practitioner to the practitioner's
				  patients, if:
(a) The practitioner to whom
				  the controlled dangerous substance is to be distributed is registered under the
				  Act to dispense that controlled dangerous substance;
(b) The distribution is recorded by the
				  distributing practitioner in accordance with
				  21 CFR §
													1304.22(c), and by the
				  receiving practitioner in accordance with
				  21 CFR §
													1304.22(c);
(c) The substance is listed in Schedule I or
				  II, an order form is used as required in Criminal Law Article, §
												5-303(d),
				  Annotated Code of Maryland; and
(d)
				  The total number of dosage units of all controlled dangerous substances
				  distributed by the practitioner pursuant to this section and
				  21 CFR §
													1301.25 during each calendar year in which
				  the practitioner is registered to dispense does not exceed 5 percent of the
				  total number of dosage units of all controlled dangerous substances distributed
				  and dispensed by the practitioner during the same calendar year.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.03 - Controlled Dangerous Substances › Section 10.19.03.13 - Additional Controlled Dangerous Substances - Schedule I

Current through Register Vol. 51, No. 14, July 12, 2024
The following substances, also known as "bath salts", are
					 added to the Maryland Controlled Dangerous Substances Act, Schedule I of the
					 Criminal Law Article, §
										5-402, Annotated Code of
					 Maryland:
A.
				  3,4-Methylenedioxypyrovalerone (MDPV);
B. 4-Methylmethcathinone (Mephedrone,
				  4-MMC);
C.
				  3,4-Methylenedioxymethcathinone (Methylone, MDMC);
D. 4-Fluoromethcathinone (Flephedrone,
				  4-FMC);
E. 3-Fluoromethcathinone
				  (3-FMC); and
F.
				  4-Methoxymethcathinone (Methedrone, bk-PMMA, PMMC).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes regulations that preserve and improve the health, comfort, and
				  environment of the people of the State by protecting the public and employees
				  from involuntary exposure to environmental tobacco smoke in indoor areas open
				  to the public, except for those covered by Health-General Article,
				  §24-205, Annotated Code of Maryland.
B. Nothing in this chapter preempts a county
				  or municipal government from enacting and enforcing more stringent measures to
				  protect the public from involuntary exposure to environmental tobacco smoke in
				  indoor areas open to the public.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Clean Indoor Air Act of
				  2007, Health-General Article, Title 24, Subtitle 5, Annotated Code of
				  Maryland.
(2) "Club" means a club
				  as defined in Article 2B, §1-102(a)(4), Annotated Code of
				  Maryland.
(3) "Day care
				  transportation" means the use of a vehicle owned, operated, or contracted for
				  by a licensed day care facility to transport the facility's clients.
(4) "Department" means the Maryland
				  Department of Health and Mental Hygiene.
(5) "Environmental tobacco smoke" means the:
(a) Complex mixture formed from the escaping
				  smoke of a burning tobacco product; or
(b) Smoke exhaled by a smoker.
(6) "Establishment" means a single
				  physical location where business is conducted or where services are
				  performed.
(7) "Health care
				  transportation" means transportation of patients for medical care in a vehicle
				  owned, operated, or contracted for by a licensed health care
				  facility.
(8) "Health officer"
				  means the health officer of each of the 23 counties and the Commissioner of
				  Health in Baltimore City, the duly designated representative of the health
				  officer, or both.
(9) "Indoor area"
				  means all space in a structure or building with a ceiling that is enclosed on
				  all sides by any combination of permanent or temporary walls, windows, or
				  doorways, whether open or closed, or other physical barriers extending from
				  floor to the ceiling.
(10) "Indoor
				  area open to the public" means:
(a) An indoor
				  area or a portion of an indoor area accessible to the public by either
				  invitation or permission; or
(b) An
				  indoor area of an establishment licensed or permitted under Article 2B,
				  Annotated Code of Maryland, for the sale or possession of alcoholic
				  beverages.
(11) "Owner"
				  means an individual or entity having an ownership interest in an establishment
				  or vehicle.
(12) "Person in charge"
				  means an owner, operator, manager, or other person who controls, governs, or
				  directs the activities of an establishment.
(13) "Public transportation of children"
				  means the transportation of children in a vehicle owned, operated, or
				  contracted for by a government entity or a private educational
				  institution.
(14) "Secretary" means
				  the Secretary of Health and Mental Hygiene or the Secretary's
				  designee.
(15) "Smoking" means the
				  burning of a lighted cigarette, cigar, pipe, or another matter or substance
				  that contains tobacco.
(16)
				  "Tobacco-containing product" includes bidis, cigarettes, cigars, cigarillos,
				  kreteks, pipes, or another product or device that contains tobacco.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.03 - Exclusions

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to:
A. Private homes and residences, including a
				  residence used as a business or place of employment, unless being used by a
				  person who is licensed or registered under Family Law Article, Title 5,
				  Subtitle 5, Annotated Code of Maryland, to provide day care or child
				  care;
B. Private vehicles, unless
				  being used:
(1) For the public transportation
				  of children; or
(2) As part of
				  health care or day care transportation;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.04 - Prohibition of Smoking

Current through Register Vol. 51, No. 14, July 12, 2024
Except as provided in Regulation .03 of this chapter, an
					 individual may not smoke in:
A. An
				  indoor area open to the public;
B.
				  An indoor place in which a meeting is open to the public in accordance with
				  State Government Article, Title 10, Subtitle 5, Annotated Code of
				  Maryland;
C. An indoor place of
				  employment;
D. A government-owned
				  or government-operated means of mass transportation, including:
(1) Buses;
(2) Vans;
(3) Trains;
(4) Taxicabs; and
(5) Limousines;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.05 - Owner Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  owner of a bar, club as defined in Regulation .02B(2) of this chapter,
				  restaurant, pub, tavern, retail establishment, theater, concert hall, athletic
				  facility, financial service institution, government building, educational
				  institution, museum, or library shall:
(1)
				  Prohibit smoking in an indoor area open to the public; and
(2) Post a sign indicating where smoking is
				  prohibited as set forth in Regulation .06A of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.06 - Posting of Signs

Current through Register Vol. 51, No. 14, July 12, 2024
A. An indoor
				  area open to the public and every public entrance to an indoor area open to the
				  public where smoking is prohibited under Regulation .05A of this chapter shall
				  display conspicuously a "NO SMOKING" sign that conforms to the requirements of
				  Regulation .06E of this chapter.
B.
				  A hotel or motel room in which smoking is permitted shall display a sign
				  containing the words "SMOKING PERMITTED IN THIS ROOM" conforming to the
				  following requirements:
(1) The words
				  "SMOKING PERMITTED IN THIS ROOM" are in capital letters;
(2) The background and the print are in
				  contrasting colors; and
(3) The
				  letters "SMOKING PERMITTED IN THIS ROOM" on the sign are a minimum of 1 inch in
				  height.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.07 - Complaints and Investigations

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A person may register a complaint of a violation of a requirement of this
				  chapter by means of:
(1) A written complaint
				  to the health officer in the jurisdiction where the alleged violation took
				  place; or
(2) A telephone complaint
				  to the health officer in the jurisdiction where the alleged violation took
				  place.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.08 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. A health officer
				  or the health officer's designee may investigate conditions relative to the
				  enforcement of this chapter.
B. The
				  person in charge of an establishment shall permit a health officer or health
				  officer's designee to enter an establishment during its business hours for the
				  purpose of determining compliance with this chapter.
C. When an investigation is made, the health
				  officer or the health officer's designee shall:
(1) Document:
(a) The result of the investigation on a
				  report form provided by the Department; and
(b) A condition found that is in violation of
				  the provisions of this chapter;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.09 - Violations and Certification of Correction

Current through Register Vol. 51, No. 14, July 12, 2024
A. The health officer or the health officer's
				  designee shall notify the owner of an establishment found in violation of a
				  provision of this chapter or the Act:
(1) By
				  certified mail, return receipt requested, bearing a postmark from the United
				  States Postal Service;
(2) Of the
				  specific finding and the penalty for the violation as set forth in Regulation
				  .10 of this chapter;
(3) Of a
				  specific date by which the owner shall correct the violation;
(4) That if the owner fails to correct the
				  violation by the date specified, or is in violation of another provision of
				  this chapter or the Act at another time, the Secretary may impose a subsequent
				  penalty as set forth in Regulation .10 of this chapter; and
(5) That the owner is entitled to request a
				  hearing under Regulation .11 of this chapter on a violation and penalty, as set
				  forth in Regulation .10 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.10 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person who
				  violates a provision of this chapter is subject to the following penalties:
(1) A written reprimand by the Secretary for
				  the first violation;
(2) A civil
				  penalty of $100 for a second violation;
(3) A civil penalty of $500 for the third
				  violation; and
(4) A civil penalty
				  of $1,000 per violation for each subsequent finding of violation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.11 - Request for Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order
				  to preserve a right to a hearing on a violation and penalty of this chapter, a
				  person shall submit a written request to the Department for a hearing, if a
				  hearing is desired, within 10 days of receipt of the notice of violation and
				  penalty.
B. In accordance with the
				  Administrative Procedure Act, State Government Article, Title 10, Subtitle 2,
				  Annotated Code of Maryland, the Secretary shall provide for a hearing on the
				  violation by referring the matter to the Office of Administrative
				  Hearings.
C. The Office of
				  Administrative Hearings shall:
(1) Schedule
				  and conduct the hearing on the violation; and
(2) Render a decision and notify the parties
				  of the decision within 30 days after the hearing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.04 - Prohibition of Smoking in Indoor Areas Open to the Public › Section 10.19.04.12 - Waivers

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person may
				  apply to the health officer for a waiver from the application of a specific
				  provision of this chapter.
B. The
				  Department shall provide a waiver application on the Department's
				  website.
C. An applicant for a
				  waiver shall establish that:
(1) Compliance
				  with a specific provision of this chapter would cause undue financial hardship,
				  as defined in §§D and E of this regulation; or
(2) The existence of other factors would
				  render compliance with this chapter unreasonable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.05 - Flammable Articles › Section 10.19.05.01 - Incorporation by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
Except for the changes shown in Regulation .02 of this
					 chapter, all provisions of 16 CFR 1602, 1605, 1608, 1609, 1610, 1611, 1615,
					 1616, and 1632, are incorporated by reference.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.05 - Flammable Articles › Section 10.19.05.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In the
				  incorporation by reference cited in Regulation .01 of this chapter, the
				  following terms have the meanings indicated.
B. Terms Defined.
(1) "Act" means the Maryland Flammable
				  Products Act, Health-General Article, Title 22, Subtitle 4, Annotated Code of
				  Maryland.
(2) "Commission" means
				  the Department of Health and Mental Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 3 › Subtitle 19 - DANGEROUS DEVICES AND SUBSTANCES › Chapter 10.19.06 - Poison Prevention Packaging › Section 10.19.06.01 - Incorporation by Reference of Poison Prevention Packaging Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
A. All provisions
				  of 16 Code of Federal Regulations, Part 1700, are incorporated by reference,
				  except for the changes shown in §B of this regulation.
B. Definitions (see 16 CFR 1700, §
										1700.1).
(1) "Act" means Child Resistant Packaging of
				  Dangerous Household Substances, Health-General Article, §§22-301
				  -22-312, Annotated Code of Maryland.
(2) "Commission" means the Department of
				  Health and Mental Hygiene.
(3)
				  "Dietary supplement" means a vitamin or mineral preparation, or both, offered
				  in tablet, capsule, wafer, or other similar uniform unit form; in powder,
				  granule, flake, or liquid form; or in the physical form of a conventional food
				  but which is not a conventional food; and which purports or is represented to
				  be for special dietary use by humans to supplement their diets by increasing
				  the total dietary intake of one or more of the essential vitamins or minerals,
				  or both.