reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.03 - Selection of a Local Agency

Current through Register Vol. 51, No. 14, July 12, 2024
The State agency shall select a local agency in accordance
					 with the following priorities:
A.
				  First consideration shall be given to a public or a private nonprofit health
				  agency that will provide ongoing, routine pediatric and obstetric care and
				  administrative services;
B. Second
				  consideration shall be given to a public or private nonprofit health or human
				  service agency that will enter into a written agreement with another agency for
				  either ongoing, routine pediatric and obstetric care or administrative
				  services;
C. Third consideration
				  shall be given to a public or private nonprofit health agency that will enter
				  into a written agreement with private physicians licensed by the State in order
				  to provide ongoing, routine pediatric and obstetric care to a specific category
				  of participants (women, infants, or children);
D. Fourth consideration shall be given to a
				  public or private nonprofit human service agency that will enter into a written
				  agreement with private physicians licensed by the State to provide ongoing,
				  routine pediatric and obstetric care; and
E. Fifth consideration shall be given to a
				  public or private nonprofit health or human service agency that will provide
				  ongoing, routine pediatric and obstetric care through referral to a health care
				  provider.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.04 - Duties and Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
To participate in the Program, a local agency shall:
A. Comply with the fiscal and
				  operational requirements prescribed by the State agency or the federal
				  government in:
(1) This chapter;
(2) COMAR 10.54.01;
(3) 7 CFR Part 3015 ;
(4) 7 CFR Part 3016 ; and
(5) 7 CFR Part 246 ;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.05 - Certification Process

Current through Register Vol. 51, No. 14, July 12, 2024
A local agency shall:
A. Certify an applicant as eligible for the
				  Program according to the policies and procedures prescribed in COMAR
				  10.54.01;
B. Inform an applicant or
				  participant, or a parent or caretaker, of the participant's rights and
				  responsibilities and the Program benefits as prescribed in COMAR
				  10.54.01.16 and .18; and
C. Maintain historical participant case files
				  which shall include at least the following information obtained at each
				  certification:
(1) Information regarding
				  income documentation as required by COMAR
				  10.54.01.07;
(2) Anthropometric measurements of height and
				  weight;
(3) A hematological test
				  result as required by COMAR
				  10.54.01.08E;
(4) The local agency copy of the form
				  developed by the Department outlining the rights and responsibilities of the
				  applicant or participant and the form signed by the:
(a) Applicant;
(b) Parent; or
(c) Caretaker; and
(5) Documentation of the nutrition education
				  contacts, including the:
(a) Date;
				  and
(b) Nutrition education
				  content
(c) Materials
				  provided.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.06 - Nutrition Education

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local
				  agency shall provide nutrition education or a local agency shall enter into an
				  agreement with another agency to provide nutrition education.
B. If nutrition education is provided by
				  another agency, then the local agency shall:
(1) Acknowledge the nutrition education
				  agreement in the nutrition education plan to the State agency;
(2) Ensure proper training to the individual
				  or individuals rendering the services; and
(3) Monitor the services rendered.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.07 - Food Delivery

Current through Register Vol. 51, No. 14, July 12, 2024
A. General
				  Provisions. A local agency shall:
(1)
				  Implement and operate a food delivery system according to the local agency's
				  agreement with the State agency;
(2) Ensure that the food delivery system's
				  operation is compatible with the delivery of health and nutrition education
				  services;
(3) Inform a participant
				  or the parent or caretaker of an infant or child participant of the authorized
				  vendors within the local agency service area;
(4) Issue food instruments to participants or
				  the participant's parent, caretaker, or proxy in accordance with COMAR
				  10.54.01; and
(5) Ensure that a
				  participant or the participant's parent, caretaker, or proxy signs for receipt
				  of food instruments.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.08 - Financial Management System

Current through Register Vol. 51, No. 14, July 12, 2024
A local agency shall:
A. Maintain records that identify the source
				  and use of funds expended for Program activities and which contain information
				  pertaining to:
(1) Authorization;
(2) Receipt of funds;
(3) Obligations;
(4) Unobligated balances;
(5) Assets;
(6) Liabilities;
(7) Outlays; and
(8) Income; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.09 - Program Costs - General

Current through Register Vol. 51, No. 14, July 12, 2024
A local agency may have the following administrative and
					 program services costs:
A. Direct
				  costs, as allowed under 7 CFR Part 3016, which are identifiable costs incurred
				  exclusively for the purpose of the Program; and
B. Indirect costs, as allowed by 7 CFR Part
				  3016, which are those costs incurred for a common purpose benefitting more than
				  one program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.10 - Allowable Administrative and Program Service Costs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Expenditures for Nutrition Education.
(1) During each federal fiscal year, a local
				  agency shall use for nutrition education an amount equal to at least 20 percent
				  of the administrative award set forth in §B of this regulation.
(2) A local agency may not apply the cost of
				  dietary assessments for purposes of certification and the cost of prescribing
				  and issuing supplemental foods to the 20 percent minimum amount required to be
				  spent on nutrition education.
(3) A
				  local agency may apply the following to the 20 percent minimum amount required
				  to be spent on nutrition education:
(a)
				  Salary and other costs for time spent on nutrition education consultation,
				  whether with an individual or group;
(b) The cost of procuring, producing, and
				  distributing nutrition education materials including the cost of:
(i) Handouts;
(ii) Flip charts;
(iii) Videos;
(iv) Food models or other teaching aids;
				  and
(v) Mailing nutrition education
				  material to participants;
(c) Salary and other costs incurred in
				  developing the local agency's annual nutrition education plan; and
(d) Other costs that can be justified by the
				  local agency to the State agency as related to nutrition education.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.11 - Monitoring and Review

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Management Evaluation and Reviews. Every 2 years the State agency shall conduct
				  a monitoring review of each local agency, including an on-site review of a
				  minimum of 20 percent of the clinics in a local agency or one clinic, whichever
				  is greater. This review shall encompass, but not be limited to, the evaluation
				  of:
(1) Management;
(2) Certification;
(3) Nutrition education;
(4) Civil rights compliance;
(5) Accountability;
(6) Financial management systems;
				  and
(7) Food delivery
				  systems.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.12 - Disqualification of a Local Agency

Current through Register Vol. 51, No. 14, July 12, 2024
The State agency may disqualify a local agency when
					 the:
A. State agency determines a
				  local agency's noncompliance with Program regulations;
B. State's Program funds are insufficient to
				  support the continued operation of the Program's existing local agencies at the
				  agencies' current participation level; or
C. State agency determines, following a
				  review of local agency credentials in accordance with Regulation .11B of this
				  chapter, that another local agency can operate the Program more effectively and
				  efficiently.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.13 - Claims and Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the
				  State agency determines through a review of a local agency's reports, program
				  or financial analysis, monitoring, audit, or other means, that Program funds
				  provided to a local agency for administrative and program services purposes
				  were, through the local agency's negligence or fraud, misused or otherwise
				  diverted from Program purposes, the State agency shall make a claim against the
				  local agency.
B. The local agency
				  shall pay the State agency a sum equal to the amount of misused or diverted
				  administrative and program services funds and the face value of food misused or
				  diverted instruments, or both.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.14 - Records and Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local
				  agency shall:
(1) Maintain full and complete
				  records concerning Program operations;
(2) Establish and maintain records
				  concerning:
(a) Financial
				  operations;
(b) Food delivery
				  systems;
(c) Food instrument
				  issuance;
(d) Equipment
				  purchases;
(e) Inventory;
(f) Certification;
(g) Nutrition education;
(h) Civil rights;
(i) Fair hearing procedures; and
(j) Other information as specified by the
				  State agency;
(3) Retain
				  all records for a minimum of 4 years following the date of submission of the
				  final expenditure report for the period to which the report pertains;
(4) Except for medical case records of
				  individual participants, unless they are the only source of certification data,
				  make available for review, audit, or copying during normal business hours,
				  records for:
(a) Representatives of the
				  Comptroller General of the United States, U.S. Department of Agriculture's
				  Office of the Inspector General, Food and Consumer Service (FCS) of the U.S.
				  Department of Agriculture; and
(b)
				  State-authorized personnel;
(5) Submit a quarterly expenditure report on
				  a form specified by the Department within 30 days after the end of the quarter
				  being reported;
(6) Ensure that,
				  for the purposes of an audit, the quarterly expenditure report is documented so
				  that it can be traced to its source; and
(7) Designate a person who shall certify the
				  quarterly expenditure report as to its completeness and accuracy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.15 - Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A local agency filing an appeal from an administrative
					 decision made in connection with these regulations shall do so in accordance
					 with COMAR 10.01.06.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.16 - Conflict of State and Federal Law and Regulation

Current through Register Vol. 51, No. 14, July 12, 2024
If a provision of this chapter conflicts with a federal
					 statute or regulation, the federal statute or regulation
					 prevails.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.17 - Program Information Disclosure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Food and Nutrition Service of the U.S.
				  Department of Agriculture and the State agency reserve the right to
use information obtained under the Program in a summary,
					 statistical, or other form which does not identify an individual client.
B. The Food and Nutrition Service
				  of the U.S. Department of Agriculture and the State agency may require the
				  local agency to supply medical data and other information collected under the
				  Program, in a form that does not identify individual clients, to enable the
				  United States Department of Agriculture or the State agency to evaluate the
				  effect of food intervention upon low income individuals determined to be at
				  nutritional risk.
C. A local agency
				  shall protect the confidentiality of information obtained from a Program
				  applicant or participant and shall disclose this information only to:
(1) An individual directly connected with the
				  administration or enforcement of the Program, including an individual
				  investigating or prosecuting violations in the WIC Program under federal,
				  State, or local authority;
(2) A
				  representative of a public organization with whom the State agency has executed
				  a written agreement pursuant to
				  7 CFR §
												246.26; and
(3) The Comptroller General of the United
				  States for audit and examination authorized by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.02 - Local Agency › Section 10.54.02.18 - Payment to a Local Agency

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  funds awarded by the Department to a local agency are based on the caseload to
				  be served and are subject to the availability of federal funds.
B. Funding rates will be updated annually and
				  available from the Department.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter specifies the policies and procedures for the
					 Special Supplemental Nutrition Program for Women, Infants, and Children (WIC)
					 to authorize vendors to redeem WIC food instruments and provide foods to WIC
					 participants.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.02 - Incorporations by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, the following documents are incorporated
					 by reference:
A.
										42 U.S.C. §
											1786, as amended; and
B. 7 CFR 15 - 15 b and 246, as
				  amended.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.04 - Authorization Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A store
				  shall obtain authorization to operate as a WIC vendor from the State agency
				  before redeeming food benefits.
B.
				  A store:
(1) May not redeem WIC food benefits
				  unless the store is authorized as a WIC vendor by the State agency;
(2) Constitutes a separate vendor and shall
				  be authorized separately from other stores operated by the same business
				  entity; and
(3) Shall have a
				  single, fixed location.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.05 - Requirements for Military Commissaries

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State agency shall authorize a
				  military commissary vendor applicant that complies with the requirements of
				  §B of this regulation.
B. To
				  become an authorized WIC vendor, a military commissary shall complete and sign
				  a vendor agreement based on the memorandum of understanding jointly prepared by
				  the USDA and the United States Department of Defense, in place of the vendor
				  agreement defined in Regulation .03B of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.06 - Food Packages for Peer Group Price Calculation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State agency shall group the food
				  items on the vendor price list form into the following food packages:
(1) Foods for an infant 4 months old or older
				  but younger than 13 months old:
(a) 31
				  13-fluid-ounce cans of concentrated liquid infant formula with iron as
				  specified in the WIC infant formula rebate contract;
(b) 24 ounces of dry infant cereal;
				  and
(c) 128 ounces of infant
				  vegetables and fruit;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.07 - Vendor Application Package and Dates

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State agency shall provide an
				  application package to a vendor that requests it.
B. The application package shall consist of
				  the following:
(1) An overview of the WIC
				  Program;
(2) The minimum
				  requirements for authorization;
(3)
				  The WIC Authorized Foods List;
(4)
				  The Minimum Required Stock List;
(5) The Application Checklist;
(6) The eWIC Readiness Assessment;
(7) The Vendor Application Price
				  List;
(8) The Authorized Infant
				  Formula and Medical Foods Supplier Directory;
(9) Instructions for completing the
				  application for vendor authorization;
(10) An application for vendor authorization; and
(11) Two vendor
				  agreements.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.08 - On-Site Review of Vendor Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. A military commissary is exempt from State
				  on-site reviews.
B. Except as
				  provided in §A of this regulation, the State agency shall conduct an
				  unscheduled on-site review of a vendor applicant's store within 60 days of
				  receipt of an application to ensure that the store meets the requirements for
				  authorization as set forth in Regulation .04C(1)-(6) and .04D of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.09 - Grant, Retention, and Denial of Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State agency shall grant or deny
				  authorization to a vendor applicant within 60 days of receipt of an
				  application.
B. Authorization
				  Granted. The State agency shall grant authorization if the vendor applicant's
				  store meets the requirements for authorization as set forth in Regulation .04
				  of this chapter.
C. Authorization
				  Retained. A vendor retains its authorization until the:
(1) Vendor's authorization is terminated as a
				  sanction for a Program violation in accordance with this chapter;
(2) State agency terminates the vendor's
				  authorization in accordance with the provisions of the vendor
				  agreement;
(3) Vendor notifies the
				  State agency it wishes to cease operation as a WIC vendor;
(4) Authorization period as contained in the
				  vendor agreement has expired; or
(5) Vendor is determined, in accordance with
				  Regulation .10H of this chapter, to derive more than 50 percent of its eligible
				  food sales from the redemption of WIC food benefits.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.09-1 - Price Determinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  WIC Program shall calculate peer group averages according to the peer groups
				  set forth in Regulation .03B(33)-(38) of this chapter.
B. The WIC Program may implement price
				  determinations that are applicable statewide, or to specific peer groups,
				  provided that vendors receive 30 days notice of the intended
				  determination.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.10 - Food Package Prices After Authorization

Current through Register Vol. 51, No. 14, July 12, 2024
A. After authorization, a vendor, other than
				  a pharmacy only or military commissary, shall maintain prices for each of the
				  food packages set forth in Regulation .06A of this chapter that are less than
				  or equal to 125 percent of the peer group average for each food
				  package.
B. Upon request of the
				  State agency, a vendor, other than a pharmacy or military commissary, shall
				  submit on the vendor pricelist form its lowest shelf prices for WIC-authorized
				  foods to the State agency.
C. The
				  State agency shall notify a vendor, other than a pharmacy only or a military
				  commissary, that fails to submit its prices on the vendor price list form when
				  requested to do so that, if the price list form is not received by the Program
				  within 10 business days of the State agency's request, the vendor's
				  authorization shall be terminated for 12 months from the date of
				  disqualification.
D. If a vendor,
				  other than a military commissary, submits prices on the vendor price list form
				  that make its food package price more than 125 percent of the peer group
				  average for that food package, or the food package prices are determined by the
				  WIC Management Information System calculation to exceed 125 percent of the peer
				  group average, the State agency shall notify the vendor that:
(1) Its price submission or food package
				  price calculation is unacceptable;
(2) It shall lower its actual lowest shelf
				  prices for the WIC foods and resubmit the vendor price list form to the State
				  agency within 10 days following the notification; and
(3) If the vendor's resubmitted prices
				  indicate that a food package will cost the Program more than 125 percent of the
				  peer group average for that food package, the State agency may disqualify the
				  vendor for 12 months from the date of disqualification.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.11 - Maximum Reimbursement to Vendors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Food Store, Food Store/Pharmacy
				  Combination, and Pharmacy Only Vendors. The State agency shall establish a
				  maximum price payable for each WIC-approved food item, which shall be
				  calculated as follows:
(1) Based on the WIC
				  Management Information System calculation, the State agency shall determine
				  every month the peer group average for each WIC-approved food item; and
(2) Except as provided in §C
				  of this regulation, the maximum price payable for a food instrument prescribing
				  infant formula shall be:
(a) Equal to 125
				  percent of the peer group averages as determined by the WIC Management
				  Information System calculation for the individual food items on the food
				  instrument; or
(b) Limited to an
				  amount determined by the Program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.12 - Recovery of Excess Charges

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  State agency, through prepayment and post payment edit review of WIC
				  redemptions, shall ensure that excess charges do not occur.
B. If the State agency determines that excess
				  charges have occurred as a result of software, bank, or other error, the State
				  agency reserves the right to bill a vendor for excess charges.
C. The State agency may not bill a vendor if
				  the vendor's excess charges total $25 or less.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.13 - WIC-Authorized Foods

Current through Register Vol. 51, No. 14, July 12, 2024
A. The State
				  agency shall:
(1) Maintain the WIC-authorized
				  foods list;
(2) Make the list
				  available to all participants and authorized WIC vendors; and
(3) Maintain the APL.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.14 - Minimum Required Stock

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  food store or food store/pharmacy combination vendor with four or more cash
				  registers shall maintain on the store premises, available for immediate
				  purchase by a WIC participant during regular business hours, the following
				  minimum required stock:
(1) Fluid milk:
(a) 4 gallons whole; and
(b) 6 gallons 1-percent or
				  fat-free;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.16 - Vendor Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Program may sanction a vendor that fails to comply with a required practice in
				  Regulation .15B(1)(a)-(l), (n)-(q), and (t) and (2)(b) and (e)-(i),
				  C(1)(a)-(n), (2)(a), (b), (d)-(f), (j), and (k), and (3), and D(1)(a) and (e)
				  and (2)(a) and (c) of this chapter as follows:
(1) Written warning following each violation;
				  and
(2) Disqualification for 1 year
				  for a pattern of violations of the same provisions within a 12-month
				  period
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.17 - Additional Penalties for Program Violations

Current through Register Vol. 51, No. 14, July 12, 2024
In addition to the State agency sanctions set forth in
					 Regulation .16 of this chapter, and pursuant to
					 7 CFR §§
											246.12(f)(xiv) and
					 246.23(d), a
					 vendor that commits fraud and abuse of the Program may be liable to prosecution
					 under federal, State, and local laws.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.18 - Vendor Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  as otherwise provided in this regulation, the procedures set forth in COMAR
				  10.01.03, and not the procedures set forth in COMAR 10.01.06, govern appeals by
				  vendors and vendor applicants.
B.
				  Notice.
(1) Not less than 15 days in advance
				  of the effective date of the proposed Program action, the Program shall provide
				  notice to a vendor applicant, or vendor whose application is proposed to be
				  denied or authorization is proposed to be disqualified, on the right to a
				  hearing on the proposed denial or disqualification.
(2) The Program shall provide notice that
				  complies with the requirements set forth in COMAR 10.01.03.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.19 - Participant Hardship

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except
				  for the sanction prescribed in Regulation .16D of this chapter, the State
				  agency may determine that a participant hardship would exist if a vendor is
				  disqualified and one of the following conditions would result:
(1) At least ten participants have to travel
				  more than 2 miles to reach a vendor;
(2) A physical barrier or condition exists
				  that would make normal travel to another vendor impossible; or
(3) Ten or more participants can only be
				  served properly by a particular vendor because of a language barrier, religious
				  dietary needs, access to exempt infant formula, or access to WIC-eligible
				  medical foods.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.20 - Conflict of Documents

Current through Register Vol. 51, No. 14, July 12, 2024
If the provisions of this chapter conflict with the WIC
					 State plan or other policies of the Program, the provisions of this chapter
					 prevail.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 54 - SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS, AND CHILDREN (WIC) › Chapter 10.54.03 - Retail Food and Pharmacy Vendors › Section 10.54.03.21 - Conflict of Laws

Current through Register Vol. 51, No. 14, July 12, 2024
If the provisions of this chapter conflict with federal
					 statutes and regulations, including those incorporated by reference in
					 Regulation .02 of this chapter, the federal statutes and regulations
					 prevail.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 55 - STATE BOARD OF SPINAL CORD INJURY RESEARCH (Repealed) › Chapter 10.55.01 - Administration of Spinal Cord Injury Trust Fund (Repealed) › Section 10.55.01.01 - Scope (Repealed)

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 55 - STATE BOARD OF SPINAL CORD INJURY RESEARCH (Repealed) › Chapter 10.55.01 - Administration of Spinal Cord Injury Trust Fund (Repealed) › Section 10.55.01.02 - Definitions (Repealed)

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 55 - STATE BOARD OF SPINAL CORD INJURY RESEARCH (Repealed) › Chapter 10.55.01 - Administration of Spinal Cord Injury Trust Fund (Repealed) › Section 10.55.01.03 - Source of Funds (Repealed)

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 55 - STATE BOARD OF SPINAL CORD INJURY RESEARCH (Repealed) › Chapter 10.55.01 - Administration of Spinal Cord Injury Trust Fund (Repealed) › Section 10.55.01.04 - Eligible Applicants (Repealed)

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 55 - STATE BOARD OF SPINAL CORD INJURY RESEARCH (Repealed) › Chapter 10.55.01 - Administration of Spinal Cord Injury Trust Fund (Repealed) › Section 10.55.01.05 - Applications and Processing (Repealed)

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 55 - STATE BOARD OF SPINAL CORD INJURY RESEARCH (Repealed) › Chapter 10.55.01 - Administration of Spinal Cord Injury Trust Fund (Repealed) › Section 10.55.01.06 - Application Review and Approval and Grant Extensions (Repealed)

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 55 - STATE BOARD OF SPINAL CORD INJURY RESEARCH (Repealed) › Chapter 10.55.01 - Administration of Spinal Cord Injury Trust Fund (Repealed) › Section 10.55.01.07 - Terms and Conditions of Grant Awards and Terminations (Repealed)

Current through Register Vol. 51, No. 14, July 12, 2024
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  provided in §B, of this regulation, these regulations apply to a person
				  seeking to practice dietetics in the State.
B. Exceptions. These regulations do not apply
				  to a person who:
(1) Provides nonmedical
				  nutrition services and information to the public while:
(a) Employed by or operating a health, weight
				  loss, or fitness program,
(b)
				  Employed by or operating a health food store,
(c) Employed by or operating a business that
				  sells health products, including dietary supplements, foods, or food materials,
				  or provides nonmedical nutritional information or distributes nutritional
				  literature, or
(d) Conducting
				  classes or disseminating information relative to nonmedical
				  nutrition;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.03 - Application Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
In order to obtain a license, the applicant shall:
A. Submit to the Board an application on the
				  form provided by the Board;
B. Pay
				  to the Board the application fee set forth in COMAR 10.56.02;
C. Submit evidence that the applicant:
(1) Is a registered dietitian, or
(2) Meets the requirements of Regulations
				  .04, .05, and .07 of this chapter;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.04 - Academic Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Degrees. For licensure as a dietitian or nutritionist, an applicant shall
				  submit proof of one of the following to the Board:
(1) Registration through the Commission on
				  Dietetic Registration of the American Dietetic Association and receipt of a
				  baccalaureate or post baccalaureate degree from a college or university
				  accredited by an educational accrediting association recognized by the Council
				  on Higher Education and Accreditation, including a minimum of 24 semester hours
				  in the field of human nutrition, food and nutrition, dietetics, or food systems
				  management with at least 3 semester hours from each of the following areas:
(a) Upper-division human nutrition related to
				  disease;
(b) Upper-division food
				  service systems management;
(c)
				  Biochemistry or physiological chemistry, or advanced normal human nutrition;
				  and
(d) Food science; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.05 - Experience Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  licensure, an applicant shall have completed a preplanned professional
				  experience program as described under Regulation .06 of this chapter.
B. An applicant for licensure shall be
				  considered to have met the experience requirements of this regulation if the
				  applicant is a registered dietitian or a certified nutrition specialist at the
				  time of application.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.06 - A Preplanned, Professional Experience Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant shall complete a
				  Board-approved supervised, continuous, preplanned professional experience
				  program. The applicant shall ensure that the experience program is accomplished
				  within a span of 30 months and includes the following:
(1) A minimum of 100 hours shall be completed
				  in each of the following areas:
(a) Assessing
				  individual and community food practices and nutritional status using
				  anthropometric, biochemical, clinical, dietary, and demographic data for
				  clinical research and program planning purposes;
(b) Developing, establishing, and evaluating
				  nutritional care plans that establish priorities, goals, and objectives for
				  meeting nutrient needs for individuals or groups;
(c) Nutrition counseling and education as
				  part of preventive or restorative health care throughout the life
				  cycle;
(d) Determining, applying,
				  and evaluating standards for food and nutrition services; and
(e) Applying scientific research to the role
				  of food in the maintenance of health and the treatment of disease;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.07 - Examination Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  waived by the Board as provided in §§B and C of this regulation, an
				  applicant shall pass a Board-approved written examination before
				  licensure.
B. Waiver of
				  Examination. The Board may waive the examination requirement for an applicant
				  who:
(1) Pays the application fee as provided
				  in COMAR 10.56.02; and
(2) Is:
(a) A registered dietitian;
(b) A certified nutrition specialist;
				  or
(c) Licensed in another state or
				  country to practice dietetics and submits to the Board proof of current
				  licensure which was obtained after passing an examination that the Board
				  determines to be comparable to the examination for which the applicant is
				  seeking waiver.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.08 - Action on Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall review all completed applications within 90 days of receipt of the
				  completed application.
B. The Board
				  may delegate the initial review of applications to a committee of the
				  Board.
C. At the next regular
				  meeting of the Board, the Board may approve or deny an application reviewed by
				  the Board or its designee.
D. Upon
				  review of an application, the Board shall either:
(1) Approve the applicant for
				  licensure.
(2) Deny a
				  license.
(3) Notify the applicant
				  that the applicant is qualified to take the examination and require the
				  applicant to take an examination. Before the notice is given, the applicant
				  shall have completed the:
(a) Academic
				  requirements of Regulation .04 of this chapter; and
(b) Experience requirements of Regulation .05
				  of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.01 - Licensure › Section 10.56.01.09 - Change of Address

Current through Register Vol. 51, No. 14, July 12, 2024
A dietitian or nutritionist shall give the Board written
					 notice of any change of address within 30 days of any change in
					 address.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.02 - Fees › Section 10.56.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall provide a copy of this chapter:
A. Along with any application form or renewal
				  form; and
B. To any other person
				  upon request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.02 - Fees › Section 10.56.02.02 - Fee Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board for items
					 and services provided under this subtitle:
A. Application fee ... $75;
B. License fee ... $225;
C. License renewal fee due on or before
				  October 31 of the renewal year ... $250;
D. Duplicate license fee ... $25;
E. License verification fee ...
				  $50;
F. Reinstatement fee due in addition to renewal fee
				  submitted after October 31 of the renewal year ... $300;
G. Returned check fee ... $25;
H. Inactive status fee ... $75;
I. Reactivation fee after inactive status ...
				  $150;
J. Late fee for failure to
				  notify the Board within 30 days of change of address ... $50.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.02 - Fees › Section 10.56.02.03 - Change of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Fees are subject to change by action of the Board of
					 Dietetic Practice. Licensees and applicants shall be notified of the
					 change.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.02 - Fees › Section 10.56.02.05 - Assessment for Health Care Professionals

Current through Register Vol. 51, No. 14, July 12, 2024
The Health Care Access and Cost Commission (HCACC) assesses
					 a fee for health care professionals which the applicant shall pay at the time
					 of license renewal as specified in COMAR 10.25.02.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.03 - Code of Ethical Practices › Section 10.56.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations govern any licensed dietitian (LD) or
					 licensed nutritionist (LN) in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.03 - Code of Ethical Practices › Section 10.56.03.02 - Public Protection

Current through Register Vol. 51, No. 14, July 12, 2024
Each licensee accepts the obligation to protect the public
					 by:
A. Upholding the Code of Ethical
				  Practices, as set forth in this chapter; and
B. Reporting alleged violations of this
				  chapter to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.03 - Code of Ethical Practices › Section 10.56.03.03 - Code of Ethics

Current through Register Vol. 51, No. 14, July 12, 2024
A. The primary
				  concern of the licensee shall be the welfare of clients or patients.
B. The licensee shall function with
				  discretion and integrity in relationships with other licensees of the Board and
				  other health professionals.
C. The
				  licensee shall practice dietetics or nutrition with honesty, integrity,
				  self-respect, and fairness.
D. The
				  licensee may not:
(1) Knowingly participate
				  in or condone behavior which is dishonest, fraudulent, or deceitful;
(2) Exploit relationships with clients or
				  patients for personal advantage;
(3) Engage in sexual misconduct with clients
				  or patients as set forth in Regulation .04 of this chapter;
(4) Accept a client or patient for treatment
				  or continue treatment unnecessarily, if benefit cannot reasonably be expected
				  to accrue;
(5) Accept or receive,
				  or both, remuneration for making or accepting referrals; or
(6) Suggest the ability to improperly
				  influence any public body, official, person, or any individual on behalf of a
				  client or patient.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 56 - BOARD OF DIETETIC PRACTICE › Chapter 10.56.03 - Code of Ethical Practices › Section 10.56.03.04 - Sexual Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensed dietitian or licensed nutritionist may not engage in sexual misconduct
				  in the practice of dietetics.
B.
				  Sexual misconduct includes, but is not limited to:
(1) Sexual behavior with a client or patient
				  in the context of a professional evaluation, treatment, procedure, or service
				  to the client or patient, regardless of the setting in which the professional
				  service is provided;
(2) Sexual
				  behavior with a client or patient under the pretext of diagnostic or
				  therapeutic intent or benefit;
(3)
				  Requesting sexual favors of a client or patient;
(4) Inappropriate touching of a client or
				  patient in a sexual manner;
(5)
				  Therapeutically unnecessary discussion of sexual matters or other verbal
				  conduct of a sexual nature while treating a client or patient;
(6) Taking photographs or video tapes of a
				  client or patient for sexual purposes; or
(7) Sexual harassment of staff or
				  students.