reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.05 - Standards of Practice and Conduct › Section 10.53.05.02 - Standards of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  electrologist shall be primarily concerned with the welfare of the patient.
B. An electrologist shall seek
				  professional treatment and refrain from the practice of electrology, if the
				  electrologist suffers from a physical, mental, emotional, or chemical
				  impairment which negatively impacts the electrologist's ability to practice
				  electrology.
C. An electrologist
				  shall:
(1) Use professional discretion and
				  integrity in relationships with other members of the health care community;
(2) Engage in professional conduct
				  at all times, with honesty, integrity, self-respect, and fairness;
(3) Remain free from conflicts of interest,
				  fulfill the objectives, and maintain the integrity of the electrology
				  profession;
(4)Provide accurate
				  fee information to:
(a) Patients;
(b) Individuals responsible for payment for
				  treatment; and
(c)
				  Insurers;
(5)Respect a
				  patient's dignity, autonomy, and privacy; and
(6) Practice electrology only as defined in
				  the scope of practice set forth in Health Occupations Article, Title 8,
				  Annotated Code of Maryland, and remain in compliance with all federal, State,
				  and local laws governing the practice of electrology.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.05 - Standards of Practice and Conduct › Section 10.53.05.03 - Unprofessional Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. It is
				  unprofessional conduct to:
(1) Fail to
				  cooperate with a lawful investigation of the Board by failing to:
(a) Furnish information requested;
(b) Comply with a subpoena;
(c) Respond to complaints at the request of
				  the Board; and
(d) Provide
				  meaningful and timely access to relevant patient records;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.05 - Standards of Practice and Conduct › Section 10.53.05.04 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of this chapter may result in disciplinary action
					 pursuant to Health Occupations Article, §
										8-6B-18, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.01 - Application for Approval

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  institution shall be approved by the Board before initiating an electrology
				  program.
B. An institution seeking
				  approval of an educational program shall submit to the Board:
(1) A completed application on a form
				  required by the Board;
(2) A copy
				  of the curriculum and course outline:
(a)
				  Describing how the program meets the requirements of Regulations .04 and .05 of
				  this chapter; and
(b) Providing for
				  at least 600 hours of instruction;
(3) A copy of the course catalog;
				  and
(4) Evidence of approval by
				  MHEC.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.02 - Enrollment

Current through Register Vol. 51, No. 14, July 12, 2024
At the time of enrollment, an institution shall:
A. Provide each student with a copy of the
				  Maryland Electrologists Act and the regulations under this subtitle;
B. Provide each student with a copy of the
				  course outline;
C. Require the
				  student to provide evidence of an eye examination and successful correction of
				  any visual deficiency; and
D. Have
				  available a sufficient supply of approved textbooks.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.03 - Theory Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. A theory
				  program shall:
(1) Be taught by a licensed
				  electrology instructor;
(2) Consist
				  of at least 200 hours; and
(3)
				  Administer the theoretical study in not less than five sessions consisting of
				  not more than 6 hours in each of the following subjects:
(a) Introduction, which shall include:
(i) The history and definition of
				  electrology; and
(ii) State laws
				  and regulations governing the practice of electrology and requirements for
				  licensure;
(b) Anatomy
				  of skin and hair;
(c) Physiology of
				  skin and hair;
(d)
				  Bacteriology;
(e) Sanitation,
				  disinfection, and sterilization procedures as described in COMAR
				  10.53.09;
(f)
				  Dermatology;
(g)
				  Neurology;
(h) Cardiovascular
				  system;
(i) Endocrine system, with
				  emphasis on adrenal glands and ovaries;
(j) Hirsutism, including causes, testing, and
				  treatment;
(k) Alternative methods
				  of hair removal;
(l)
				  Contraindications for electrolysis treatments;
(m) Taking patient history; and
(n) Professional ethics as set forth in COMAR
				  10.53.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.04 - Clinical Program

Current through Register Vol. 51, No. 14, July 12, 2024
A. A clinical
				  program shall:
(1) Be taught by a licensed
				  electrology instructor;
(2) Consist
				  of at least 400 hours;
(3)
				  Administer the clinical training in a semester consisting of not less than 3
				  months; and
(4) Ensure that each
				  day of clinical study consists of not more than:
(a) 6 hours of training; or
(b) 2 hours of training if on the same day as
				  theory instruction.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.05 - Physical Facilities and Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A program facility shall be sufficient to
				  accommodate the student body, lecturers, and clinical demonstrations.
B. A program facility shall be adequately
				  lighted, well-ventilated, and in sanitary condition at all times.
C. A sink with hot and cold running water
				  shall be in or adjoining each treatment room for proper hand washing.
D. Epilators (electrolysis, thermolysis, and
				  the blend) shall be of the type approved by the FCC and registered with the
				  FDA.
E. A program facility shall
				  provide modern professional equipment and provide and maintain the following
				  for its students:
(1) One approved epilator
				  for every four students;
(2) One
				  professional table and adjustable stool for every four students;
(3) One professional lamp for every four
				  students;
(4) One dry heat or
				  autoclave unit for sterilization; and
(5) Adequate supplies.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.06 - Student Clinical Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Before a student renders treatment, a patient shall be required to sign an
				  informed consent agreement.
B.
				  Clinical services may be performed by students only:
(1) Within the facility; and
(2) Under the direct supervision of a
				  licensed instructor.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.07 - Reporting

Current through Register Vol. 51, No. 14, July 12, 2024
A. An educational
				  program shall:
(1) Keep a record of each
				  student's:
(a) Application;
(b) Current address and telephone
				  number;
(c) Date of
				  enrollment;
(d)
				  Attendance;
(e) Number of hours
				  completed; and
(f) Grades achieved;
				  and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.06 - Electrology Programs › Section 10.53.06.08 - Violations

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may remove approval from an electrology program
					 if the program:
A. Is guilty of fraud
				  or deceit in obtaining or attempting to obtain approval;
B. Acts in a manner inconsistent with
				  generally accepted standards for the practice of electrology;
C. Advertises in a manner that the Board
				  determines violates Health Occupations Article, § 8-6 B-23, Annotated Code
				  of Maryland;
D. Violates the
				  standards set under Health Occupations Article, § 8-6 B-23, Annotated Code
				  of Maryland, if the program:
(1) Receives a
				  notice of deficiency; and
(2) Fails
				  to correct a deficiency within a time period set by the notice of deficiency;
				  or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.07 - Electrologist's Office › Section 10.53.07.01 - Electrologist's Office

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				  shall practice in an office that provides at minimum the following:
(1) Separate treatment and waiting
				  room;
(2) Each treatment room at
				  least 48 square feet;
(3) One sink
				  with hot and cold running water in or adjoining each treatment room;
(4) Adequate lighting;
(5) Adequate ventilation;
(6) Sanitary conditions;
(7) Toilet facilities;
(8) Separate outside entrance leading
				  directly to the waiting room if the office is within or adjacent to living
				  quarters; and
(9) A completely
				  separate and distinct office area from the living quarters.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.08 - Instruments and Procedures › Section 10.53.08.01 - Equipment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Electrologists
				  shall use only Board-approved modalities which are:
(1) Electrolysis;
(2) Thermolysis; or
(3) The blend.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.08 - Instruments and Procedures › Section 10.53.08.02 - Explanation to Patient of Electrology Practices

Current through Register Vol. 51, No. 14, July 12, 2024
The electrologist shall explain the following to the
					 patient before treatment:
A. The
				  treatment procedure, including standard precautions;
B. The modality used;
C. Hair growth cycles;
D. Regrowth;
E. The importance of keeping the follow-up
				  treatment schedule;
F. Possible
				  tissue reactions following treatment;
G. The importance of after-treatment care;
				  and
H. The treatment fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.08 - Instruments and Procedures › Section 10.53.08.03 - Health Assessment

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  complete past and current health history shall be obtained from each patient
				  before treatment.
B. The assessment
				  shall be updated and evaluated on a current basis, and shall include the
				  following:
(1) Name, address, telephone
				  number, and date of birth;
(2)
				  Medical history and current update;
(3) Prior methods of controlling or removing
				  hair;
(4) Condition of tissue
				  before initial treatment and any subsequent change;
(5) Pattern and structure of hair growth
				  initially presented and significant subsequent changes;
(6) Date of each treatment;
(7) Area of treatment;
(8) Duration of treatment; and
(9) Fee charged.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.08 - Instruments and Procedures › Section 10.53.08.04 - Hand Washing and Use of Gloves

Current through Register Vol. 51, No. 14, July 12, 2024
A. Electrologists shall wash their hands
				  using soap, warm water, and good mechanical action immediately before and after
				  treating each patient.
B. A fresh
				  pair of nonsterile, disposable examination gloves shall be worn during the
				  treatment of each patient and while cleaning instruments.
C. Electrologists shall wash their hands
				  before putting on gloves and immediately after removing gloves.
D. The electrologist shall follow
				  universal/standard precautions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.08 - Instruments and Procedures › Section 10.53.08.05 - Sterility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A sterile needle
				  and sterile forceps shall be used for each patient.
B. A sterile instrument or sterile forceps
				  shall be used for each patient to release ingrown hairs.
C. Treatment solutions shall be:
(1) Labeled as to contents; and
(2) Covered when not in use.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.08 - Instruments and Procedures › Section 10.53.08.06 - Treatment

Current through Register Vol. 51, No. 14, July 12, 2024
A. Skin area to be
				  treated shall first be cleansed thoroughly with 70 percent isopropyl
				  alcohol.
B. An electrologist may
				  not treat any mucous membrane or the external auditory canal of the ear without
				  written approval of a licensed physician.
C. An electrologist may not treat an infected
				  area or skin malignancy.
D.
				  Applications To Be Used After Treatment.
(1)
				  One of the following applications shall be applied to the tissue after
				  treatment:
(a) 70 percent isopropyl
				  alcohol;
(b) Witch hazel;
(c) Hydrogen peroxide; or
(d) Other approved antiseptic for the
				  skin.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.08 - Instruments and Procedures › Section 10.53.08.07 - Disinfection and Environmental Controls

Current through Register Vol. 51, No. 14, July 12, 2024
A. Disposable or damaged instruments shall be
				  placed in a container which is impervious to puncture. The instruments shall be
				  disinfected with a freshly prepared solution of household bleach and water
				  consisting of 1 part bleach and 9 parts water, and allowed to stand for at
				  least 30 minutes. The solution shall then be poured off, and the container
				  securely sealed and disposed of in compliance with State, federal, and local
				  laws.
B. Removable tips of epilator
				  probe holders shall be removed after each treatment and cleaned with soap or
				  detergent and water, rinsed, dried, and disinfected by submersion in 70 percent
				  isopropyl alcohol for at least 10 minutes. The covered container used to hold
				  alcohol shall be emptied at least daily or sooner if visibly contaminated, then
				  cleaned, dried, and refilled with fresh alcohol.
C. Nonremovable tips of epilator probe
				  holders shall be wiped with a detergent-germicide after each
				  treatment.
D. Epilator probe cords
				  that have been in direct contact with a patient or practitioner shall be wiped
				  with a detergent-germicide after each treatment.
E. The treatment lamp shall be wiped with a
				  detergent-germicide after each treatment.
F. After each use, patient eyeshields shall
				  be cleaned with soap or detergent and water, then rinsed and dried.
G. A hospital grade disinfectant-detergent
				  registered by the Environmental Protection Agency (EPA) shall be used for
				  cleaning environmental surfaces.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.09 - Sterilization Procedures › Section 10.53.09.01 - Generally

Current through Register Vol. 51, No. 14, July 12, 2024
Each electrologist office and institution teaching the
					 clinical practice of electrology shall maintain and use sterilization equipment
					 adequate in size to accommodate needles, forceps, soaking receptacles, and any
					 other equipment that comes into contact with a client. Needles or forceps
					 dropped on the floor or otherwise contaminated may not be used until
					 sterilized.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.09 - Sterilization Procedures › Section 10.53.09.02 - Cleansing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prior
				  to sterilization as required in Regulation .03 of this chapter, needles and
				  probes shall be:
(1) Mechanically precleaned
				  as follows:
(a) Cleansed with a clean cotton
				  ball or swab moistened with a low-residue detergent and cool water;
(b) Accumulated in a holding container by
				  submersion in a low-residue detergent and cool water; and
(c) Then, thoroughly rinsed with warm water
				  and drained;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.09 - Sterilization Procedures › Section 10.53.09.03 - Sterilization

Current through Register Vol. 51, No. 14, July 12, 2024
A. The rinsed and
				  dried needles, forceps, and soaking receptacle shall be placed on a steel tray
				  or rack in the center of an autoclave or heat sterilizer, separating
				  instruments and keeping them away from the walls of the unit, and shall be
				  sterilized according to manufacturer specifications or by:
(1) Autoclave at the temperatures listed for
				  the following minimum time periods after completing a heat-up period:
(a) 15 minutes at 121°C (250°F), 15
				  psi (pounds per square inch) for unpackaged instruments; and
(b) 30 minutes at 121°C (250°F), 15
				  psi (pounds per square inch) for packaged instruments; or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.10 - Advertising › Section 10.53.10.01 - Advertising Standards

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  electrologist shall include one of the following qualifications in an
				  advertisement:
(1) Licensed
				  electrologist;
(2) Licensed
				  electrology instructor; or
(3)
				  Licensed by the Board of Nursing - Electrology Practice Committee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.10 - Advertising › Section 10.53.10.02 - Other Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
Electrologists or electrology instructors advertising other
					 services for which they are licensed within one advertisement shall:
A. List each license held; and
B. Clearly state each service offered under
				  each license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.10 - Advertising › Section 10.53.10.03 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A statement regarding fees shall be considered deceptive or
					 misleading if the electrologist:
A.
				  Charges more than the fee advertised for a service rendered; or
B. Fails to offer the service at the fee
				  advertised for a reasonable period of time after the advertisement unless a
				  specific time limit is included in the original advertisement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.10 - Advertising › Section 10.53.10.04 - Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
An electrologist shall be responsible for an advertisement
					 of service regardless of whether the advertising has been generated by the
					 electrologist personally, by an employee, or by a proprietorship, partnership,
					 corporation, union, clinic or institution, which uses the electrologist's
					 services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.10 - Advertising › Section 10.53.10.05 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of this chapter is a violation of Health
					 Occupations Article, §§ 8-6 B-23 and 8-6 B-18(a)(10), Annotated Code
					 of Maryland, and may result in disciplinary action pursuant to Health
					 Occupations Article, §
										8-6B-18, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 53 - BOARD OF NURSING-ELECTROLOGY PRACTICE COMMITTEE › Chapter 10.53.12 - Fees › Section 10.53.12.01 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees are not
				  refundable.
B. The following fees
				  are established by the Board:
(1) Application
				  fee - $100;
(2) Initial Clinical
				  examination - $100 (An initial exam applicant shall submit to the Board the
				  application fee, initial clinical examination, and completed
				  application.);
(3) Clinical
				  reexamination - $100;
(4) Biennial
				  renewal - $200;
(5) Inactive status
				  (one-time fee) - $25 (no fee required if placed on inactive status by the Board
				  for failure to submit required CEUs);
(6) Returned check - $25; and
(7) Verification of Maryland licensure to
				  another state or jurisdiction - $25.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter specifies the eligibility policies and
					 procedures and the benefits available under the Special Supplemental Nutrition
					 Program for Women, Infants, and Children (WIC Program or Program) operated by
					 the Department of Health and Mental Hygiene, with funding substantially
					 provided by the United States Department of Agriculture (USDA) under the Child
					 Nutrition Act of 1966, § 17, 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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The WIC Program
				  provides supplemental foods and nutrition education, including breastfeeding
				  promotion and support:
(1) Through local
				  agencies at no cost to eligible individuals; and
(2) To .pregnant women, postpartum women,
				  breastfeeding women, infants, and children, who are from families with income
				  below a certain established amount and who are determined by a competent
				  professional authority or a competent para professional authority to be at risk
				  with respect to their physical and mental health by reason of inadequate
				  nutrition or health care, 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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.03 - Incorporations by Reference

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, the following are incorporated by
					 reference:
A.
										42 U.S.C. §
											1786, as amended;
B. 7 CFR 246, as amended; and
C. 7 CFR 15, 15 a, and 15b, 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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.05 - Eligibility Criteria

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant shall be certified as eligible before participating in the
				  Program.
B. To be certified as
				  eligible for the Program, an infant, a child, or a pregnant, postpartum, or
				  breastfeeding woman:
(1) Shall reside,
				  without regard to the length of residency, within the jurisdiction of:
(a) Maryland, unless a reciprocal agreement
				  has been established with another State agency; and
(b) The local agency as defined by the State
				  agency;
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.06 - Residency Eligibility Determination Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to be eligible for WIC benefits,
				  an applicant shall provide to a local agency documentation of Maryland
				  residency, or residency in a state having a reciprocal residency agreement with
				  Maryland.
B. Documentation. In
				  order to document residency, an applicant shall provide to the local agency one
				  of the following:
(1) Dated correspondence
				  documenting the applicant's home address;
(2) Shall appear in person at a local agency
				  clinic during normal WIC clinic office hours in order to present documentation
				  of date of birth and identity for the application for benefits;
(3) Shall be determined by the local agency
				  to be income eligible pursuant to the specifications set forth in Regulation
				  .07 of this chapter;
(4) Shall be
				  at nutritional risk pursuant to the specifications set forth in Regulation .08
				  of this chapter; 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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.07 - Income Eligibility Determination Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. Determining Income
(1) In order to determine whether an
				  applicant is income-eligible for Program participation, a local agency shall
				  determine the applicant's income, which is determined pursuant to family size
				  as set forth in §B of this regulation.
(2) Subject to the provisions of this
				  regulation, a local agency shall determine an applicant's income by adding
				  together the sources of income for an applicant and the applicant's
				  family.
(3) In determining an
				  applicant's family income, a local agency shall consider the family's income to
				  be the more accurate figure between the family's income for the previous 12
				  months or the family's current rate of income for the last 30 days.
(4) If an applicant meets the income
				  eligibility guidelines, a local agency shall declare the applicant
				  income-eligible for WIC benefits based on the applicant's family
				  income.
(5) An applicant shall
				  provide to the local agency documentation of the applicant's family income, as
				  set forth in §E of this regulation.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.08 - Nutritional Risk Determination Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. After an applicant is found to meet the
				  Program's income eligibility standards as specified in Regulation .07 of this
				  chapter, in order for the applicant to receive WIC benefits, the applicant
				  shall be found by the Program to be at nutritional risk.
B. In order to determine whether an applicant
				  is at nutritional risk, a competent professional authority or a competent
				  paraprofessional authority on the staff of the local agency shall perform a
				  nutritional assessment based on either information gathered by the local agency
				  or information provided by a competent professional authority not on the staff
				  of the local agency.
C. A local
				  agency may not compel an applicant to:
(1)
				  Have the nutritional risk assessment completed by a specific medical provider;
				  or
(2) Receive ongoing medical care
				  under the local agency.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.09 - Priority Levels of Nutritional Risk

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local agency shall classify applicants
				  according to priority levels of nutritional risk.
B. Priority Levels of Nutritional Risk.
(1) Priority I. Priority I is a pregnant
				  woman, a breastfeeding woman, or an infant at nutritional risk because of:
(a) Detrimental or abnormal nutritional
				  conditions detected by biochemical or anthropometric measurements;
(b) Other documented nutritionally related
				  medical conditions; or
(c)
				  Conditions that directly affect the nutritional health of an individual,
				  including depression, smoking, alcoholism, or drug abuse.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.10 - Priority Waiting List

Current through Register Vol. 51, No. 14, July 12, 2024
A. When it
				  is serving its maximum caseload, a local agency shall maintain a priority
				  waiting list of individuals seeking Program benefits.
B. In order to be placed on the priority
				  waiting list, an individual shall be certified as eligible to participate in
				  the Program.
C. A local agency
				  shall place an individual on a priority waiting list according to the priority
				  levels set forth in Regulation .09 of this chapter, as follows:
(1) To be placed on the priority waiting list
				  in Priority levels I-V, an individual shall seek certification and be
				  successfully certified by the local agency as eligible for Program benefits;
				  and
(2) To be placed on the
				  priority waiting list in Priority level VI, an individual may request to be on
				  the waiting list over the telephone, unless the individual's postpartum status
				  is at issue, in which case the local agency shall place the individual on the
				  waiting list only after the individual receives a personal assessment at the
				  local agency.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.11 - Nutritional Risk Factors

Current through Register Vol. 51, No. 14, July 12, 2024
A. For
				  purposes of the WIC Program, to be considered at nutritional risk:
(1) A woman shall exhibit one of the
				  nutritional risk factors listed in Chart A, as shown in §C of this
				  regulation; and
(2) An infant or
				  child shall exhibit one of the nutritional risk factors listed in Chart B, as
				  shown in §D of this regulation.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.12 - Application Processing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local agency shall perform the
				  certification process at no cost to the applicant.
B. To lend administrative efficiency and
				  participant convenience to the certification process, a local agency shall,
				  whenever possible, use intake procedures for processing applications that are
				  combined with intake procedures for other health programs or services
				  administered by the local agency. These procedures may include:
(1) Verification procedures;
(2) Certification interviews; and
(3) Income computations.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.13 - Certification Periods

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local
				  agency shall certify an applicant for Program benefits for the following time
				  periods:
(1) A pregnant woman for the
				  duration of her pregnancy and up to the last day of the month in which the
				  infant turns 6 weeks old or the pregnancy ends;
(2) A postpartum woman up to the last day of
				  the 6th month after the infant is born or the pregnancy ends;
(3) A breastfeeding woman up to the last day
				  of the month of the. breastfed infant's first birthday as long as the woman is
				  breastfeeding;
(4) An infant health
				  care services are not diminished by the infant's not being assessed 6 months
				  after the infant's first assessment; and younger than 6 months old up to the
				  last day of the month of the infant's first birthday;
(5) An infant from 6 months old to 1 year old
				  up to the last day of the 6th month from the date of certification;
				  and
(6) A child 1 year old or
				  older up to the last day of the month 1 year from the date of the certification
				  or the month in which the child turns 5 years old.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.14 - Action Affecting Participation During a Certification Period

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local agency
				  may disqualify a participant in the middle of a certification period for
				  Program abuse, which includes but is not limited to:
(1) The sale or exchange of food instruments
				  or food obtained with a food instrument;
(2) Dual participation;
(3) Making false or misleading statements or
				  intentionally misrepresenting, concealing, or withholding information in order
				  to obtain benefits;
(4) Verbal or
				  physical abuse of or threat of physical abuse to Program or vendor
				  staff,
(5) Receipt from food
				  vendors of cash or credit toward the purchase of unauthorized food or other
				  items of value instead of authorized supplemental foods; and
(6) Failure to pick up food benefits for 2
				  consecutive issue months.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.15 - Dual Participation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  participant may not engage in dual participation.
B. The State agency in conjunction with the
				  local agency is responsible for the detection and prevention within its program
				  of dual participation.
C. The local
				  agency shall take immediate actions to investigate and resolve all incidents of
				  suspected Program abuse involving dual participation.
D. In order to prevent possible dual
				  participation by an applicant, at certification the local agency shall verify
				  the identity of each applicant and shall use the following to establish the
				  identity of the infant or child applicant:
(1) Immunization record;
(2) Birth certificate; or
(3) Other record that the local agency
				  considers adequate to establish the identity of an infant or child
				  applicant.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.16 - Applicant and Participant Rights and Responsibilities in the Certification Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the time
				  of certification, a local agency shall inform an applicant or the parent,
				  guardian, or caretaker of a child or infant applicant, of the following:
(1) The applicant may not engage in dual
				  participation;
(2) The Program
				  violations and the sanctions applicable to a participant, a child or infant
				  participant's parent, guardian, or caretaker, or proxy for committing those
				  violations;
(3) The importance of
				  regularly picking up food benefits and food;
(4) The disqualification policy for failure
				  to pick up food benefits and the number of months of nonparticipation resulting
				  from the disqualification;
(5) The
				  policy of not providing notification of disqualification to the participant
				  when the participant fails to pick up food benefits;
(6) The right to a fair hearing if the
				  participant does not agree with the disqualification for failure to pick up
				  food benefits;
(7) How the local
				  agency food delivery system operates and a list of authorized stores where food
				  benefits may be redeemed;
(8) The
				  available health services, where they are located, how they may be obtained,
				  and why they may be useful;
(9) A
				  participant or a child or infant participant's parent, guardian, or caretaker
				  shall notify the local agency of any change in life circumstances that would
				  have an impact on Program eligibility; and
(10) A participant or a child or infant
				  participant's parent, guardian, or caretaker shall advise any designated proxy
				  of the proxy's obligations under the Program, Program violations, participant
				  and proxy sanctions, and the authorized food stores
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.17 - Transfer of Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  local agency shall:
(1) Issue a verification
				  of certification to a participant who:
(a) Is
				  a member of a family in which there is a migrant farm worker; or
(b) Advises the local agency that the
				  participant's family is likely to be relocating outside of Maryland during the
				  certification 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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.18 - Receipt of Benefits

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Nutrition Benefits. A local agency shall:
(1) Ensure that nutrition education is offered every 3
				  months to the participant or the parent, proxy, guardian, or caretaker of an
				  infant or child participant during each certification period;
(2) Provide a nutrition care plan to the
				  participant, based on the need for this plan as determined by a competent
				  professional authority, and to a participant, parent, proxy, guardian, or
				  caretaker who requests a nutrition care plan;
(3) Ensure that a competent professional authority or
				  competent paraprofessional authority determines the selection of the food
				  package according to the category and nutritional need of the participant;
				  and
(4) Ensure that the food
				  package is consistent with foods allowed under the provisions of
				  7 CFR §
												246.10, which is incorporated by reference in
				  Regulation .03 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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.19 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Program may
				  sanction a participant or proxy in the Program, in addition to seeking criminal
				  or civil sanctions or other remedies that may be applicable under federal,
				  State, or local law.
B. If a
				  participant or a child or infant participant's parent, guardian, or caretaker,
				  has deliberately misrepresented the participant's income, residence, family
				  size, health status, medical data, or date of birth, the:
(1) Program shall
(a) Disqualify the participant from the
				  Program for 3 months; or
(b)
				  Disqualify the participant for 1 year if the State agency assesses a monetary
				  claim of $100 or more; or
(c)
				  Terminate the participant from the Program if Program eligibility standards are
				  not met; and disqualify the participant from the program for 1 year;
				  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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.20 - Local and State Agency Sanction Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A local agency shall implement participant
				  and proxy sanctions and notify the State agency of the action taken.
B. The State agency may also initiate
				  participant and proxy sanctions and other acts based on information available
				  to the State agency.
C. Except for
				  a participant the State agency disqualifies for failure to pick up food
				  benefits, the State agency shall, not less than 15 days before
				  disqualification, advise the participant in writing of the reasons for the
				  disqualification and of the right to a fair hearing on the
				  disqualification.
D. When the State
				  agency pursues collection of a claim against a participant who has been
				  improperly issued food benefits, it shall advise the participant in writing of:
(1) The reasons for the claim;
(2) The value of the improperly issued
				  benefits to be repaid to the Program;
(3) That the participant shall pay to the
				  State agency, in cash, the value of the improperly issued benefits;
				  and
(4) The participant's right to
				  a fair hearing on the claim.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.21 - Appeal Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Applicants and participants may appeal certain State or local agency
				  actions.
B. An applicant or
				  participant:
(1) May appeal a State or local
				  agency action resulting in the individual's being:
(a) Denied participation in the WIC
				  Program,
(b) Instructed to repay
				  the cash value of improperly issued benefits, or
(c) Disqualified from the Program;
				  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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.22 - Nondiscrimination

Current through Register Vol. 51, No. 14, July 12, 2024
A. Civil Rights
				  Requirements.
(1) To ensure that an
				  individual may not, on the grounds of race, color, national origin, age, sex,
				  or handicap, be excluded from participation in, be denied benefits of, or be
				  otherwise subjected to discrimination under the Program, a local agency shall
				  comply with the requirements of:
(a) Title VI
				  of the Civil Rights Act of 1964 as incorporated by reference in Regulation .03C
				  of this chapter;
(b) Title IX of
				  the Education Amendments of 1972 as incorporated by reference in Regulation
				  .03C of this chapter;
(c)
												§
				  504 of the Rehabilitation Act of 1973 as incorporated by reference in
				  Regulation .03C of this chapter;
(d) The Age Discrimination Act of 1975 as
				  incorporated by reference in Regulation .03C of this chapter;
(e) USDA Food and Nutrition Service
				  instructions issued by the Program to the local agencies; and
(f) USDA regulations on nondiscrimination as
				  incorporated by reference in Regulation .03C 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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.23 - Non-English Materials

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Program shall accommodate the non-English-speaking individuals in the
				  population eligible to be served as set forth in this chapter.
B. When the population eligible to be served
				  needs services or information in a language other than English in order to be
				  informed of or to participate in the Program, the local agency shall:
(1) Take reasonable steps to provide Program
				  information in the appropriate language; and
(2) Ensure that the rights and
				  responsibilities listed on the certification form are read to the applicant in
				  the appropriate language.
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 10.54.01 - Eligibility, Participation, and Benefits › Section 10.54.01.24 - Conflict of Laws and Regulations

Current through Register Vol. 51, No. 14, July 12, 2024
If the provisions of this chapter conflict with federal
					 statutes and regulations, including the provisions incorporated by reference in
					 Regulation .03 of this chapter, the federal statutes and regulations
					 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 10.54.02 - Local Agency › Section 10.54.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations are promulgated to specify the selection
					 and the responsibilities of a local agency, and the rate of payment to a local
					 agency in the administration of the Special Supplemental Nutrition Program for
					 Women, Infants, and Children (WIC Program or Program), operated by the
					 Department of Health and Mental Hygiene with funding substantially provided by
					 the U.S. Department of Agriculture under § 17 of the Child Nutrition Act
					 of 1966, 42 U.S.C. §
											1786.
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 10.54.02.02 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The terms defined in COMAR
					 10.54.01.04 also apply to this
					 chapter.