reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 34 - BOARD OF PHARMACY › Chapter 10.34.41 - Administration of a Maintenance Injectable Medication › Section 10.34.41.07 - Standard Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before a
				  pharmacist administers a maintenance injectable medication, a pharmacist shall
				  have and maintain a written procedure for any maintenance injectable medication
				  that may be administered.
B. A
				  pharmacist shall administer a maintenance injectable medication in accordance
				  with the written procedure, including:
(1)
				  Recording and maintaining the prescription files in accordance with Regulation
				  .05 of this chapter;
(2) Reviewing
				  and screening for the following:
(a)
				  Indications;
(b)
				  Precautions;
(c) Contraindications;
				  and
(d) Allergies;
(3) Reviewing the process for
				  handling adverse reactions, including but not limited to:
(a) Acute anaphylactic reactions;
				  and
(b) Other acute
				  emergencies;
(4)
				  Following injection or administration procedures;
(5) Advising the patient of
				  post-administration procedures, including waiting requirements; and
(6) Documenting and maintaining a maintenance
				  injectable medication record, including:
(a)
				  Patient's:
(i) Name;
(ii) Date of birth;
(iii) Address;
(iv) Consent form;
(v) Authorized prescriber; and
(vi) Administering pharmacist's name and
				  license number;
(b)
				  Administration:
(i) Date;
(ii) Dose;
(iii) Site; and
(iv) Route;
(c) Maintenance injectable medication:
(i) Name, generic or brand;
(ii) Manufacturer;
(iii) Lot number; and
(iv) Expiration date;
(d) Notification to the authorized prescriber
				  that the patient received a specific maintenance injectable medication;
				  and
(e) Verification that the
				  prescription is:
(i) Not for the patient's
				  initial dose, if applicable; or
(ii) For the patient's initial dose and the
				  patient's record contains documented approval from the authorized
				  prescriber.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.01 - 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) "Autopsy report" means a written document
				  detailing the medical findings and conclusions of a postmortem examination
				  performed by a medical examiner.
(2) "First degree relative" means a surviving
				  spouse, parent, grandparent, sibling, and child of the deceased.
(3) Forensic investigator" means a chief
				  forensic investigator, deputy chief forensic investigator, lead forensic
				  investigator, or forensic investigator who:
(a) Is employed under or appointed by the
				  authority of the Postmortem Examiners Commission;
(b) Assists those medical examiners in
				  §B(4)(a) of this regulation;
(c) Has education, training, or experience in
				  trauma or death investigation; and
(d) Is appointed in accordance with
				  Health-General Article, §5-306, Annotated Code of Maryland.
(4) Medical Examiner.
(a) "Medical examiner" means a Chief Medical
				  Examiner, deputy medical examiner, or assistant medical examiner who is a
				  pathologist authorized to carry out the provisions of Health-General Article,
				  §5-301, Annotated Code of Maryland.
(b) Medical examiner" also means a deputy
				  medical examiner who:
(i) Assists those
				  examiners in B(4)(a) of this regulation;
(ii) Is a physician; and
(iii) Is appointed by the Postmortem
				  Examiners Commission in accordance with Health-General Article, §5-306,
				  Annotated Code of Maryland
(5) Medical Examiner Case.
(a) "Medical examiner case" means any death
				  which is the result, wholly or in part, of a casualty or accident, homicide,
				  poisoning, suicide, criminal abortion, rape, therapeutic misadventure,
				  drowning, or a death of a suspicious or unusual nature, or of an apparently
				  healthy individual while not under the care of a physician.
(b) "Medical examiner case" does not mean:
(i) A stillbirth or a neonatal death, or
				  accident room or hospital death in which the cause of death has been
				  established by the hospital physician and is due to disease, and free of
				  evidence of criminal or accidental nature;
(ii) A case which is dead on arrival at the
				  hospital and the physician who pronounces death has been in previous attendance
				  on the patient; or
(iii) A death
				  which occurs in a hospital within 24 hours of admission merely because the
				  death occurred within 24 hours.
(6) "Secretary" means the Secretary of Health
				  and Mental Hygiene.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.02 - Report of Medical Examiner Cases to the Police or Sheriff

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever a
				  physician, funeral director, or other person has knowledge of the occurrence of
				  a death that may have been the result of violence or suicide, or may have
				  occurred by casualty or suddenly when the person was in apparent health, or not
				  attended by a physician, or when the death may have occurred in any suspicious
				  or unusual manner, the physician, funeral director, or other person having this
				  knowledge shall report it without delay to the police or sheriff who has
				  jurisdiction in the city or county where the death occurred.
B. If it is determined that a death occurred
				  at a location other than where the body is found or where the body is located
				  when the medical examiner is advised of the death and the other location is not
				  a public area, the medical examiner or forensic investigator may, in
				  conjunction with law enforcement or under court authority, investigate any
				  location believed to be associated with the death to gather essential facts to
				  determine cause of death or manner of death.
C. A health care facility may not refuse the
				  medical examiner access to a body which is the subject of a medical examiner
				  case at any time.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.03 - Medical Examiner

Current through Register Vol. 51, No. 14, July 12, 2024
An individual dying in Maryland as a result of a homicide,
					 poisoning, suicide, criminal abortion, rape, drowning, or dying in a suspicious
					 or unusual manner, or an unattended death of an apparently healthy individual
					 shall be examined by the medical examiner in the Office of the Chief Medical
					 Examiner in Baltimore, or in any other place as may be approved by the Chief
					 Medical Examiner.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.04 - Deaths Due to Fire

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fire
				  Fighters and State Fire Marshal Personnel. The medical examiner shall perform
				  an autopsy and complete toxicological examination of any fire fighter or sworn
				  personnel of the State Fire Marshal's Office who dies in the line of duty or
				  whose death appears to have been caused by:
(1) Fire;
(2) Toxic gases;
(3) Toxic fire conditions; or
(4) Fire-related circumstances.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.05 - Completion of the Death Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. When the medical examiner has made a
				  determination of the cause and manner of death, the medical examiner shall
				  complete the death certificate.
B.
				  On the death certificate the medical examiner shall enter the:
(1) Name of the deceased;
(2) Cause of death and medical
				  certification;
(3) Date and hour of
				  death;
(4) Place where death
				  occurred; and
(5) Place where the
				  body was found.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.06 - Establishing a Hospital Death as a Medical Examiner Case

Current through Register Vol. 51, No. 14, July 12, 2024
A. The hospital physician shall be guided by
				  the history and other circumstances in judging whether or not a death is under
				  the jurisdiction of the medical examiner.
B. Cases which are not bona fide medical
				  examiner cases may not be made such simply because autopsy permission has been
				  refused.
C. Authentic medical
				  examiner cases may not be withheld from the medical examiner's jurisdiction and
				  autopsied by the hospital pathologist because permission for autopsy has been
				  obtained.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.07 - Hospital Autopsy of Certain Medical Examiner Cases

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following types of medical examiner
				  cases may be autopsied by the hospital pathologists with the authorization of
				  the Chief Medical Examiner:
(1) Death from
				  acute or chronic alcoholism without manifestation of trauma;
(2) Death from accidental burns occurring in
				  the home;
(3) Death, or sudden
				  death, associated with a therapeutic procedure;
(4) Death following a fracture in an elderly
				  person and resulting from a simple fall in the home.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.08 - The Hospital Agent

Current through Register Vol. 51, No. 14, July 12, 2024
A.Appointment.
(1) Each hospital shall appoint a responsible
				  agent, office, or individual with whom the medical examiner can communicate at
				  any hour regarding medical examiner cases in the hospital, after receiving
				  notification of them from the police authority.
(2) Each hospital shall notify the medical
				  examiner of the agent so appointed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.09 - Anesthetic Deaths

Current through Register Vol. 51, No. 14, July 12, 2024
In the case of any anesthetic death occurring in Maryland,
					 the hospital in which the death occurred shall notify immediately, by
					 telephone, the Chief Medical Examiner or a Deputy Chief Medical Examiner, an
					 assistant medical examiner, or the deputy medical examiner of the county in
					 which the death occurred.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.10 - Entry to Storage or Autopsy Room at Office of the Chief Medical Examiner

Current through Register Vol. 51, No. 14, July 12, 2024
An individual, other than a member of the staff of the
					 Chief Medical Examiner, may not enter the storage room or the autopsy room
					 while work is being carried on there, except with the permission of the Chief
					 Medical Examiner or the medical examiner performing the work.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.11 - Cornea Tissue Removal

Current through Register Vol. 51, No. 14, July 12, 2024
Whenever an authorized eye bank has informed the Chief
					 Medical Examiner or the Chief Medical Examiner's deputy or assistant medical
					 examiner that there is a need for corneal tissue for research or
					 transplantation, the Chief Medical Examiner shall allow the authorized eye bank
					 to make a removal if:
A. A
				  Certification of Need has been provided to the medical examiner;
B. The body has been tested to determine its
				  suitability for transplantation;
C.
				  An autopsy is going to be performed and the removal does not interfere with the
				  subsequent investigation or examination; and
D. The medical examiner does not know of an
				  objection to the autopsy or donation of tissue by the next of kin.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.12 - Donation of Internal Organs for Transplantation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Whenever there is an immediate need for an
				  internal organ as a transplant, that is, heart, lung, kidney, liver, pancreas,
				  spleen, lymph nodes, or adrenal gland, a medical examiner may provide the
				  organ, if requested by a transplant surgeon, under the following conditions:
(1) The medical examiner has jurisdiction
				  over the body of a decedent;
(2)
				  The body has been tested to determine its suitability;
(3) The hospital representative and treating
				  physician have completed a Certificate of Need for this decedent;
(4) The hospital and treating physician have
				  been unable to contact the next of kin;
(5) No objection by the next of kin is known
				  or reasonably foreseen by the medical examiner; and
(6) The removal of the organ requested for
				  transplant does not interfere with an investigation or autopsy.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.13 - Administrative Review of Correction of Findings and Conclusions

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except in a case
				  of a finding of homicide, a person in interest as defined in State Government
				  Article, §
										10-611(e)(3),
				  Annotated Code of Maryland, may request the Office of the Chief Medical
				  Examiner to correct findings and conclusions on the cause and manner of death
				  recorded on a certificate of death under State Government Article,
				  §10-625, within 60 days after a medical examiner files those findings and
				  conclusions.
B. A person in
				  interest is defined as the spouse, adult child, parent, adult sibling,
				  grandparent, or guardian of the person of the deceased at the time of the
				  deceased's death.
C. The request to
				  correct the findings and conclusions on a death certificate shall:
(1) Be in writing to the Chief Medical
				  Examiner;
(2) Describe the
				  requested change precisely; and
(3)
				  State the reasons for the change.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.14 - Release of Medical Examiner's Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Individual files of the Chief Medical
				  Examiner are confidential medical records protected from disclosure under the
				  provisions of State Government Article, §§4-301 and
				  10-611 et seq.,
				  Annotated Code of Maryland
B. An
				  exception to these confidential medical records is the official medical
				  examiner's autopsy report. This report is a public record and is generally
				  subject to disclosure under State Government Article, §§
										10-611 et seq.,
				  Annotated Code of Maryland, unless the case is subject to an ongoing
				  investigation, or other appropriate reason for denial of disclosure
				  exists.
C. Records request by court
				  order or subpoena shall be subject to the fee schedule set forth
				  herein.
D. Fee Schedule.
(1) Autopsy reports may be sent
				  electronically to the requestor. The fees schedule is the same for paper or
				  electronic reports and is as follows:
(a) A
				  fee of $25 for a first-degree relative may be charged; and
(b) A fee of $100 for all others may be
				  charged for providing a requested autopsy report and included consultation
				  reports.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.15 - Communicable Disease

Current through Register Vol. 51, No. 14, July 12, 2024
If, during the investigation of a death under the
					 jurisdiction of the Office of the Chief Medical Examiner, a communicable
					 disease is identified, it shall be reported by the medical examiner in writing
					 within 24 hours to the health officer in the appropriate jurisdiction and to
					 the deputy State health official, on the forms supplied by the Department of
					 Health and Mental Hygiene, in accordance with COMAR
					 10.06.01.04B.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.16 - Child Abuse or Neglect, or Both

Current through Register Vol. 51, No. 14, July 12, 2024
A death that is investigated by the Office of the Chief
					 Medical Examiner that is found to be caused by or related to child abuse or
					 neglect shall be reported by a medical examiner orally and in writing to local
					 departments of social services and the local law enforcement agency of the
					 subdivision in which the child last resided, in accordance with Family Law
					 Article, §
										5-704, Annotated Code of
					 Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.17 - Notification of Exposure to Contagious or Infectious Disease

Current through Register Vol. 51, No. 14, July 12, 2024
Whenever it is required that the Office of the Chief
					 Medical Examiner notify a firefighter, emergency medical technician, rescue
					 squad member, law enforcement officer, correctional officer, etc., of exposure
					 to contagious disease or virus, and pursuant to Health-General Article,
					 §18-213, Annotated Code of Maryland, the following procedures shall be
					 followed:
A. A medical examiner shall
				  review information gathered in the course of the postmortem examination,
				  including testing for contagious disease or viruses;
B. If evidence of contagious disease or
				  virus, as defined in Health-General Article, §18-213, Annotated Code of
				  Maryland, is identified in the test carried out in the postmortem examination,
				  this information shall be provided by the Office of the Chief Medical Examiner
				  to the officially designated agency representative of the appropriate
				  firefighter, emergency medical technician, rescue squad member, law enforcement
				  officer, correctional officer, etc., with a copy to each of these.
C. The Office of the Chief Medical Examiner
				  shall verbally notify the agency-designated representative within 48 hours
				  after confirmation of the diagnosis, and subsequently confirm that notice, in
				  writing, and in a manner that protects the confidentiality of the patient;
				  and
D. The agency representative
				  shall notify the individual believed to have been exposed to the contagious
				  disease or virus.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.18 - Deaths in a State-Funded or State-Operated Facility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A death in a State-funded or
				  State-operated facility which constitutes a medical examiner's case, as defined
				  in Health-General Article, §5-309, Annotated Code of Maryland, shall be
				  investigated by the Office of the Chief Medical Examiner.
B. Notification and Investigation. The
				  sheriff, police, or chief law enforcement officer, in the jurisdiction where a
				  death occurs, shall notify the medical examiner whenever a death that
				  constitutes a medical examiner's case occurs in a State-funded or
				  State-operated facility. If the death may have occurred by violence, by
				  suicide, by casualty, suddenly when the person was in apparently good health,
				  not attended by a physician, or in any suspicious or unusual manner, the
				  medical examiner or investigator shall:
(1)
				  Respond directly to the administrative head of the facility;
(2) Conduct an investigation;
(3) Complete the investigation report;
				  and
(4) Arrange to have the body
				  sent to the Office of the Chief Medical Examiner for an autopsy, if
				  necessary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.19 - Deputy Medical Examiners/Forensic Investigators

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Postmortem Examiners Commission shall
				  appoint one or more deputy medical examiners and forensic investigators for
				  each county.
B. The Postmortem
				  Examiners Commission shall appoint a deputy medical examiner from a list of
				  qualified individuals submitted by the county medical society. However, the
				  Commission may appoint a deputy medical examiner for the county without a list
				  if there is no county medical society or if the medical society does not submit
				  a list of names.
C. Each deputy
				  medical examiner appointed shall be a physician.
D. The Chief Medical Examiner shall select a
				  forensic investigator from a list provided by the Deputy Chief Medical Examiner
				  for Statewide services.
E. Entitled
				  Fees.
(1) As provided in the State budget, for
				  each medical examiner's case investigated, the deputy medical examiner or
				  forensic investigator is entitled to a fee of $120.
(2) If the case does not meet the
				  requirements of Health- General Article, §5-309, Annotated Code of
				  Maryland, and is declined, the deputy medical examiner or forensic investigator
				  is entitled to a decline fee of $10.
(3) The deputy medical examiner is entitled
				  to $25 for certifying the death and completing the death certificate.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.20 - Body Transportation Reimbursement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The deputy medical examiner or forensic
				  investigator shall arrange for body transportation services of human remains
				  from a scene of death in Maryland to a specified location within
				  Maryland.
B. The deputy medical
				  examiner or forensic investigator shall contact local county funeral directors
				  or appropriate body transportation service providers within their jurisdiction,
				  on a rotational basis, to arrange for body transportation services.
C. Funeral directors and body transportation
				  service providers are eligible to transport human remains for the Office of the
				  Chief Medical Examiner. However, it is the responsibility of each local funeral
				  director or body transportation service to notify the deputy medical examiner
				  or forensic investigator if they are interested in providing this service for
				  the State.
D. Providers of body
				  transportation services shall be available 24 hours a day, 7 days per week, 365
				  days per year to provide body transportation services, as needed, and shall
				  provide their own equipment to transport human remains.
E. Human remains shall be accorded the proper
				  dignity expected under accepted mortuary standards and practices, and shall be
				  handled in accordance with universal precautions as defined in "Control of
				  Communicable Diseases in Man", which is incorporated by reference in COMAR
				  10.06.01.01, as well as the Office
				  of the Chief Medical Examiner guidelines to protect remains and
				  evidence.
F. Payment.
(1) Providers of body transportation services
				  shall be paid as provided in the State budget, $3.30 per mile, one way, plus
				  any tolls, with a minimum of $100 from the scene of death to a designated
				  location. The mileage shall be verified by the OCME.
(2) This is the sole compensation the
				  provider is entitled to, and the provider or any other person may not submit a
				  charge to any other party, including the family of the deceased, for this
				  service.
(3) In the case of a
				  victim of a homicide, the transport service shall be paid the rate stated in
				  §F(1) of this regulation to transport the body from the site of autopsy or
				  examination to a location within Maryland specified by the victim's
				  family.
(4) The Office of the Chief
				  Medical Examiner is responsible for completing the Transportation of Bodies
				  Report for payment
(5) The Office
				  of the Chief Medical Examiner is responsible for providing a replacement body
				  pouch when the body is transported to that office.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.01 - Medical Examiner Cases › Section 10.35.01.21 - Fees for Other Services

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  When a deputy medical examiner, or forensic investigator as the examiner's
				  designee, is called as a witness before a grand jury or in a criminal case, the
				  examiner or investigator is entitled to:
(1)
				  The fee that the court sets; and
(2) Any additional compensation that a county
				  or court provides.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes training and certification
					 criteria of personnel performing tests of breath and blood for the purpose of
					 determining the alcohol content of drivers suspected of driving while impaired
					 or under the influence of alcohol and approval and certification criteria for
					 equipment used in conducting these tests.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.02 - 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) "Agency" means any law enforcement agency
				  approved to test breath or blood for alcohol content.
(2) "Alcohol" means ethyl alcohol
				  (ethanol).
(3) "Alcohol gas
				  standard" means a container of compressed gas containing a specific
				  concentration of alcohol.
(4)
				  "Alcohol reference solution" means a water solution containing a specific
				  concentration of alcohol.
(5)
				  "Breath sample" means the amount of breath delivered by the individual being
				  tested that is an adequate volume to be analyzed by the breath testing
				  instrument.
(6) "CTAU" means the
				  Chemical Test for Alcohol Unit within the Department of Maryland State
				  Police.
(7) "CTAU supervisor" means
				  the individual designated by the Commander or Director of CTAU and approved by
				  the Toxicologist to supervise the CTAU.
(8) "Preliminary breath testing (PBT) device"
				  means a portable, roadside screening device approved by the Toxicologist,
				  pursuant to Transportation Article, §
											16-205.2, Annotated
				  Code of Maryland, for use on individuals stopped for suspicion of driving while
				  impaired or under the influence of alcohol.
(9) "Qualified medical person" means an
				  individual permitted by any state to withdraw blood from humans.
(10) "Qualified person" has the meaning
				  stated in Courts and Judicial Proceedings Article, §
											10-304,
				  Annotated Code of Maryland.
(11)
				  "Representative of the Toxicologist" means any employee supervised by the
				  Toxicologist or an employee of CTAU designated by the Toxicologist to act as
				  the authorized representative of the Toxicologist.
(12) "Toxicologist" means the Chief
				  Toxicologist or State Toxicologist in the Office of the Chief Medical Examiner
				  under the Post Mortem Examiners Commission.
(13) "Validation test" means a test of
				  specific alcohol concentration used to verify the calibration of a breath
				  testing instrument.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.03 - Alcohol Tests - General

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Alcohol Concentration of Breath. The alcohol concentration of breath shall be
				  reported as grams of alcohol per 210 liters of breath (g/210L).
B. Alcohol Concentration of Blood. The
				  alcohol concentration of blood shall be reported as grams of alcohol per 100
				  milliliters of blood (g/100 mL).
C.
				  Uncertainty.
(1) For breath tests for alcohol
				  content, the accepted scientific uncertainty in measurement is plus or minus
				  0.005 g/210L or 10 percent of the average of measurements, whichever is
				  greater.
(2) For blood tests for
				  alcohol content, the accepted scientific uncertainty in measurement is plus or
				  minus 0.005 g/100 mL or 10 percent of the average of measurements, whichever is
				  greater.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.04 - Preliminary Tests of Breath for Alcohol

Current through Register Vol. 51, No. 14, July 12, 2024
A. PBT Devices.
(1) The Toxicologist shall:
(a) Approve the make and model of PBT devices
				  used in the State; and
(b) Maintain
				  a list of approved make and model PBT devices.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.05 - Evidentiary Tests of Breath for Alcohol: Testing Agencies and Training Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Testing
				  Agencies.
(1) An agency desiring approval to
				  conduct evidentiary breath tests shall make a written request to the
				  Toxicologist.
(2) An agency
				  requesting approval to conduct breath tests shall:
(a) Offer 24-hour law enforcement
				  service;
(b) Provide an
				  environmentally controlled area and a phone line exclusively for the breath
				  testing instrument;
(c) Provide
				  expendable supplies needed for personnel to operate the equipment;
				  and
(d) Have a minimum of 20
				  full-time sworn law enforcement officers.
(3) An agency shall have a breath test
				  supervisor who shall administer and coordinate all alcohol testing related
				  activities with CTAU and the Toxicologist.
(4) The breath test supervisor shall be a
				  breath test operator.
(5) An
				  agency's approval to conduct breath testing may be withdrawn by the
				  Toxicologist or his representative based on:
(a) A substantial failure to comply with this
				  chapter; or
(b) Inadequate State
				  resources.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.06 - Evidentiary Tests of Breath for Alcohol: Personnel - Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. Breath Test
				  Operator.
(1) Initial Certification as a
				  Qualified Person.
(a) To become a qualified
				  breath test operator, a qualified person shall be:
(i) A full-time law enforcement officer of an
				  agency approved to conduct breath tests;
(ii) A full-time laboratory technician of an
				  agency approved to conduct breath tests;
(iii) An employee of the Toxicologist;
				  or
(iv) Any individual designated
				  by the Toxicologist.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.07 - Evidentiary Tests of Breath for Alcohol: Personnel - Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. Breath Test
				  Operator.
(1) A breath test operator shall:
(a) Perform breath tests for alcohol in
				  accordance with training;
(b)
				  Perform at least one test per month, either a subject or simulation
				  test;
(c) Notify CTAU of the
				  following:
(i) Test results that deviate
				  greater than plus or minus 10 percent of the stated concentration for any
				  validation test; or
(ii) Mechanical
				  problems with the breath testing instrument; and
(d) Complete all required reports.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.08 - Evidentiary Tests of Breath for Alcohol: Instruments and Testing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Breath Testing
				  Instruments.
(1) The Toxicologist shall
				  approve all instruments to be used in the State for the purpose of testing
				  breath for alcohol content pursuant to Courts and Judicial Proceedings Article,
				  §§
											10-302
				  and
				  10-304,
				  Annotated Code of Maryland.
(2) An
				  agency shall only use an instrument that has been approved by the
				  Toxicologist.
(3) An individual may
				  receive a copy of the list of the manufacturers and models of currently
				  approved instruments from the Office of the Chief Medical Examiner at no
				  charge.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 35 - POSTMORTEM EXAMINERS COMMISSION › Chapter 10.35.02 - Testing Blood and Breath for Alcohol › Section 10.35.02.09 - Evidentiary Tests of Blood for Alcohol

Current through Register Vol. 51, No. 14, July 12, 2024
A. Laboratories and Procedures for Analysis.
(1) Laboratories.
(a) The Department of Maryland State Police
				  Forensic Sciences Division is an approved laboratory to conduct tests of blood
				  for alcohol.
(b) Approval by the
				  Toxicologist of any other laboratory is required before it may perform any test
				  of blood for alcohol in accordance with of the Courts and Judicial Proceedings
				  Article, §
												10-304,
				  Annotated Code of Maryland.
(c) An
				  individual may receive a copy of the list of currently approved laboratories
				  from the Office of the Chief Medical Examiner at no charge.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.01 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Activities and services" means
				  performing the psychological activities or services that are required training
				  for completing the program in psychology.
(2) Applicant means an individual seeking a
				  license or registration to practice psychology in Maryland.
(3) "Board" means the State Board of
				  Examiners of Psychologists.
(4)
				  "Central repository" means the Criminal Justice Information System Central
				  Repository of the Department of Public Safety and Correctional
				  Services.
(5) "Criminal history
				  records check" means the performance of both a State criminal history check by
				  the Central Repository and a national criminal history check by the Federal
				  Bureau of Investigation.
(6)
				  "Criminal history records information" means information provided by the
				  criminal history records check regarding an applicant's criminal arrests,
				  charges, convictions, and the disposition of other pending criminal
				  charges.
(7) Fellow.
(a) "Fellow" means an individual who has
				  obtained the doctoral degree in psychology, or who has completed all of the
				  academic course requirements for a doctoral degree in psychology, and is
				  gaining additional training and experience in a postdoctoral training program
				  in psychology.
(b) "Fellow"
				  includes the term resident.
(8) "Intern" means an individual who is:
(a) Matriculated in a doctoral degree program
				  in psychology; and
(b) Fulfilling
				  program requirements by completing a predoctoral internship training program in
				  psychology.
(9)
				  "Practice-oriented program" means a clinical, counseling, or school psychology
				  program, or a combination thereof, or a respecialization program.
(10) "Student" means an individual who is:
(a) Matriculated in a master's or doctoral
				  degree program in psychology; and
(b) Fulfilling program requirements by
				  gaining field or practicum experience.
(11) "Supervised course of study" means an
				  organized post-baccalaureate program in psychology with identified faculty and
				  training objectives.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.02 - Application Required for Licensure or Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. An application packet for licensure is
				  complete when the following conditions are met:
(1) The completed application packet is:
(a) Submitted to the Board and notarized;
				  and
(b) Accompanied by the required
				  nonrefundable application fee in the form of a personal check, cashier's check
				  or money order;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.03 - Education Required for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The applicant for licensure shall have a
				  doctoral degree in psychology as defined in Health Occupations Article, §
										18-101(c),
				  Annotated Code of Maryland.
B. The
				  applicant for registration as a psychology associate shall meet the educational
				  requirement as defined in Health Occupations Article, §
										18-302(g),
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.04 - Professional Supervised Experience Required for Licensure - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for
				  licensure shall present evidence of having completed 2 years of supervised
				  professional experience before taking the examinations required in Regulation
				  .06 of this chapter.
B. The 2 years
				  of supervised professional experience shall consist of a minimum of 3,250
				  hours.
C. Supervision Generally.
(1) A minimum of 75 percent of the
				  applicant's supervised professional experience shall be supervised by a
				  psychologist qualified to supervise the activities being performed or the
				  services being rendered.
(2) The
				  supervisor shall be:
(a) Licensed to practice
				  psychology in Maryland;
(b) Exempt
				  from licensure under Health Occupations Article, §§
												18-102(3)
				  or
				  18-301(b),
				  Annotated Code of Maryland;
(c)
				  Licensed, certified, or exempt from licensure or certification in the state or
				  country in which the supervised professional experience is obtained;
				  or
(d) A student, fellow, intern,
				  or resident while pursuing a supervised course of study that the Board approves
				  as qualifying training or experience as provided in Health Occupations Article,
				  §
												18-301(b)(3),
				  Annotated Code of Maryland, provided that the student, fellow, intern, or
				  resident is supervised by an individual meeting criteria of §C(2)(a), (b)
				  or (c) of this regulation.
(3) The supervisor shall ensure that any
				  additional supervision is by an individual who has the requisite skills and
				  training to provide supervision.
(4) Psychology associates accruing supervised
				  professional experience toward licensure shall receive the required amount of
				  supervision specified in COMAR 10.36.07.03.
(5) The applicant shall ensure that there is
				  adequate documentation of the supervised professional experience.
(6) The Board may require additional
				  information to be submitted by the applicant or supervisor to assess the extent
				  and quality of the applicant's supervised professional experience.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.04-1 - Supervised Professional Experience - Programs That Are Not Practice-Oriented

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  For applicants for licensure graduating from programs that are not
				  practice-oriented, supervised professional experience may be accrued in
				  professional work in psychology using the methods, principles, and procedures
				  of psychology, including, but not limited to:
(1) Teaching;
(2) Research; and
(3) Industrial or organizational
				  consultation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.04-2 - Supervised Professional Experience - Practice-Oriented Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. For applicants
				  for licensure graduating from practice-oriented programs, supervised
				  professional experience may be accrued through:
(1) Pre-internship;
(2) Internship;
(3) Pre-doctoral post-internship;
				  or
(4) Post-doctoral
				  experiences.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.04-3 - Post-Doctoral Supervised Professional Experience - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. A supervisor is ethically and legally
				  responsible for all supervisee work covered by a written supervision
				  agreement.
B. Supervisees shall use
				  titles indicating their training status, such as "psychology resident",
				  "psychology intern", or "psychology supervisee".
C. Supervised experience shall be appropriate
				  to the area or areas of professional activity in which the supervisee intends
				  to practice.
D. There shall be at
				  least 1 hour of individual supervision for every 20 hours of service related
				  activities.
E. The supervisor and
				  the supervisee shall keep records of experience and supervision
				  hours.
F. At the conclusion of the
				  post-doctoral supervision experience:
(1) The
				  supervisor shall prepare a written evaluation, including:
(a) The hours spent in various service
				  related activities;
(b) The number
				  of successfully completed supervised hours; and
(c) Any hours not successfully completed;
				  and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.04-4 - Post-Doctoral Supervised Professional Experience as a Registered Psychology Associate

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant accruing post-doctoral supervised experience in an activity that is
				  not exempt under Health Occupations Article, §§
										18-301 or
				  18-102(3),
				  Annotated Code of Maryland, shall apply to the Board for registration as a
				  psychology associate in accordance with COMAR 10.36.07.
B. Exempted activities under Health
				  Occupations Article, §§
										18-301 and
				  18-102(3),
				  Annotated Code of Maryland, include:
(1)
				  Activities as a student, intern, resident, or fellow while pursuing a
				  supervised course of study in psychology that the Board approves as qualifying
				  training and experience;
(2)
				  Activities under the supervision of, and in connection with, a psychologist
				  employed by:
(a) Any agency of the federal
				  government;
(b) The Maryland
				  Department of Juvenile Services;
(c) A political subdivision of this State;
				  or
(d) A chartered educational
				  institution; or
(3)
				  Non-profit activities of a bona fide religious organization that is exempt from
				  taxation under Section 501(c)(3) of the Internal Revenue Code.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.05 - Applications for Licensure from Nonresidents

Current through Register Vol. 51, No. 14, July 12, 2024
A. When submitting an application for
				  licensure, an applicant who is a nonresident or does not practice psychology in
				  Maryland and who does not intend to reside or practice in Maryland, shall
				  submit a statement showing that the applicant's licensure would be in the
				  interest of the citizens or government of Maryland.
B. The Board shall determine whether to
				  accept or reject the statement.
C.
				  In the event of unfavorable determination, the Board shall notify the applicant
				  that the application for licensure has been rejected.
D. The applicant may appeal this rejection as
				  specified in Regulation .02 of this chapter.
E. Until licensed to practice psychology in
				  Maryland, an applicant may not practice psychology in Maryland by virtue of
				  holding a valid license or certification to practice psychology in another
				  state unless the Board authorizes a specific exception.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 36 - BOARD OF EXAMINERS OF PSYCHOLOGISTS › Chapter 10.36.01 - Procedures › Section 10.36.01.06 - Examinations Required for Licensure or Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board requires applicants for
				  licensure to receive passing scores of at least:
(1) A scaled score of 500 on the Examination
				  for Professional Practice in Psychology (EPPP) for examinations administered on
				  or after January 1, 2002, or a score of 73 percent on the Examination for
				  Professional Practice in Psychology (EPPP) prepared and scored before January
				  1, 2002; and
(2) 75 percent on the
				  Maryland Examination prepared and scored by the Board.