reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.05 - Requirements for Accessing, Using, or Disclosing Health Information Through an HIE

Current through Register Vol. 51, No. 14, July 12, 2024
A. As a
				  requirement of participation in an HIE, the HIE shall require each
				  participating organization to enter into a binding participation agreement
				  that:
(1) Requires the participating
				  organization and each authorized user to comply with this chapter;
(2) Requires the participating organization
				  and each authorized user to comply with all applicable federal and State
				  privacy and security laws; and
(3)
				  Includes a business associate agreement:
(a)
				  In compliance with 45 CFR
				  §
													164.504; and
(b) If the participating organization will
				  maintain Part 2 information, the business associate agreement shall comply with
				  the additional requirements that apply to a qualified service organization
				  under 42 C.F.R. §
													2.11.
(4) Permits PHI disclosed through the HIE to
				  the authorized user of a participating organization to be incorporated into the
				  patient's medical record kept by such participating organization, and requires
				  compliance with all applicable federal and State laws.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.06 - Auditing Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  ensure that only an authorized user who is appropriately authenticated is
				  granted access to HIE information, an HIE shall:
(1) Develop and implement protocols,
				  methodologies, and a monitoring approach designed to discover any unusual
				  finding, which may be identified within an audit of the user access logs,
				  including conducting ongoing electronic monitoring of user access logs and
				  investigate any unusual findings in accordance with this chapter;
(2) Conduct each audit under this regulation
				  in accordance with best practices using industry accepted standards and
				  methodologies;
(3) Conduct random
				  audits of the user access logs to identify any unusual finding; and, if the HIE
				  has been notified about an unusual finding or has reason to believe that
				  inappropriate access has occurred, conduct random audits at least every other
				  week until the unusual finding or inappropriate access has been
				  mitigated;
(4) At least quarterly,
				  conduct random audits of security measures and any other forms of data security
				  in place to determine if they are still sufficient and compliant with
				  applicable standards;
(5)
				  Investigate each unusual finding identified in the access log audit to
				  determine if there has been a violation of Regulation .05 of this
				  chapter;
(6) Resolve an unusual
				  finding by:
(a) Taking actions necessary to
				  correct each identified technical control deficiency; or
(b) Taking remedial action under Regulation
				  .07 of this chapter;
(7)
				  Report any unusual finding to each participating organization involved in the
				  unusual finding, as follows:
(a) If the
				  unusual finding involves fewer than 10 patients, within 5 business days after
				  the unusual finding is discovered;
(b) If the unusual finding involves between
				  10 and 50 patients, within 2 business days after the unusual finding is
				  discovered; and
(c) If the unusual
				  finding involves more than 50 patients, within 1 business day after the unusual
				  finding is discovered; and
(8) Maintain an audit trail of user access logs in a
				  retrievable storage medium, as follows:
(a)
				  The HIE shall perform periodic testing to ensure that the storage medium being
				  used will allow the data to be recovered.
(b) The HIE shall perform periodic testing
				  and implement upgrades and updates to ensure that the storage medium is secure
				  and has not been improperly accessed.
(c) The data shall be kept for the longest
				  duration of time identified in applicable State and federal
				  requirements.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.07 - Remedial Actions to Be Taken by an HIE

Current through Register Vol. 51, No. 14, July 12, 2024
A. An HIE shall
				  immediately suspend a person's access to the HIE when it is necessary to avoid
				  serious harm to the privacy or security of health information accessed, used,
				  or disclosed through or from the HIE.
(1) An
				  HIE may, in its sole discretion, suspend a person's access to the HIE pursuant
				  to this section before an investigation under Regulation .07B of this chapter
				  is completed.In addition, if the HIE determines that serious harm to the
				  privacy or security of health information or an ongoing risk of improper use,
				  access, maintenance, or disclosure of PHI may occur prior to conclusion of an
				  investigation, it shall suspend a person's access to the HIE pursuant to this
				  section before an investigation is complete.
(2) Such suspension shall continue until the
				  underlying threat to the privacy or security of health information is
				  contained.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.08 - Notice of Breach and non-HIPAA Violation

Current through Register Vol. 51, No. 14, July 12, 2024
A. Notification of a breach shall be required
				  consistent with notification requirements of applicable federal and State laws,
				  including HIPAA and the HITECH Act.
B. When federal or State law does not require
				  an HIE or other entity to provide notification to a participating organization
				  or to an effected health care consumer, or when Part 2 does not mandate other
				  notification requirements, the HIE shall provide notification of breach and, if
				  applicable, non-HIPAA violations pursuant to this chapter.
(1) If the investigation under Regulation .07
				  of this chapter concluded that there was a breach or non-HIPAA violation, in
				  addition to applicable HIPAA notification requirements, the HIE shall notify:
(a) The person who notified the HIE of the
				  potential breach or non-HIPAA violation, if applicable, and to the extent
				  permitted by HIPAA and other federal and State privacy laws;
(b) Any participating organization that has
				  provided health information regarding the health care consumer involved;
				  and
(c) Each patient or person in
				  interest acting on behalf of each patient whose PHI or sensitive health
				  information was inappropriately accessed or disclosed due to a breach or
				  non-HIPAA violation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.09 - Registration and Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. To operate
				  an HIE in the State, a person shall be recognized by the Commission as having
				  met requirements for registration.
(1) A
				  person shall complete an application for registration in a form and manner
				  specified by the Commission that shall include:
(a) The HIE's definition of what constitutes
				  an unusual finding within Regulation .06 of this chapter;
(b) The HIE's current audited financial
				  statement that demonstrates the financial viability of the HIE;
(c) The identity of the HIE's registered
				  resident agent who shall accept service in Maryland on behalf of the
				  HIE;
(d) Documentation showing its
				  technical capabilities, which may include accreditation or candidacy status by
				  a nationally recognized accrediting body; and
(e) Provisions for reasonable notice to
				  participating organizations and the Commission if the HIE ceases to operate in
				  Maryland; and
(f) Other information
				  as required by the Commission.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.10 - Requirements for Accessing, Using, or Disclosing of Data Through an HIE for Secondary Use

Current through Register Vol. 51, No. 14, July 12, 2024
A. An HIE may
				  not use or disclose a patient's sensitive health information for secondary use
				  unless permitted by applicable federal or State laws and regulations.
B. Population Health Management.
(1) An HIE may disclose de-identified data or
				  a limited data set, as defined at
				  45 CFR §
												164.514(e), to a care
				  management organization for purposes related to population health management,
				  if approval is obtained from an internal review committee designated by the
				  care management organization, which has:
(a)
				  Entered into a data use agreement with the HIE; and
(b) Attested that the request is:
(i) For population health management
				  purposes; and
(ii) Limited to the
				  minimum necessary to complete the function.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.11 - Requirements for Accessing, Using, or Disclosing of Data Through an HIE in an Emergency

Current through Register Vol. 51, No. 14, July 12, 2024
A. An HIE shall
				  develop and implement emergency access policies and procedures that satisfy the
				  following requirements:
(1) The policies and
				  procedures shall be included in the HIE's health care consumer education
				  materials required by Regulation .03B(1) of this chapter; and
(2) Clearly communicate the following:
(a) The extent to which the HIE has the
				  capability to disclose the patient's information in an emergency and how this
				  compares to disclosure for routine access; and
(b) The circumstances under which the HIE
				  would disclose the patient's information in an emergency, including how opting
				  in or out of participation would impact access to the patient's information
				  during an emergency.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.18 - Health Information Exchanges: Privacy and Security of Protected Health Information › Section 10.25.18.12 - Requirements for Providing Health Care Consumers Electronic Access to Their Health Information

Current through Register Vol. 51, No. 14, July 12, 2024
A. An HIE
				  or its third party that offers health care consumers electronic access to view,
				  download, transmit, submit, or control their health information shall:
(1) Appropriately verify the identity of the
				  health care consumer requesting electronic access or proposing an addition or
				  change to the patient's information available through the HIE prior to
				  disclosing or accepting changes to the information;
(2) Follow, at a minimum, the National
				  Institute of Standards and Technology (NIST) Level 2 registration and identity
				  proofing requirements as outlined in the most recent version of Special
				  Publication 800-63: Electronic Authentication Guideline or its comparable
				  industry best practices and may perform remote identity proofing;
(3) Implement the health care consumer's
				  authorization for access within a maximum of 5 business days of receipt of all
				  necessary information for identity proofing;
(4) Adopt and implement authentication
				  processes for health care consumer electronic access that is in accordance with
				  Regulation .05D(3) and (4) of this chapter;
(5) Establish individual unique user names
				  and passwords in accordance with the most recent applicable standards issued by
				  NIST, or other comparable standards generally adopted by the health care and
				  HIE industry;
(6) Implement
				  processes for auditing health care consumer access that are in compliance with
				  applicable requirements of Regulation .06 of this chapter;
(7) Implement a process for suspending and
				  reinstating a health care consumer's access in compliance with applicable
				  requirements in Regulation .07 of this chapter;
(8) Establish processes and procedures to
				  allow a patient to authorize an individual to have electronic access to their
				  information;
(9) Establish
				  processes and procedures that allow an individual to electronically access
				  health information for a patient or patients:
(a) For whom the individual has legal
				  authorization for such access (e.g., guardian, person with a medical power of
				  attorney, etc.); or
(b) For whom
				  the patient has authorized such access;
(10) Establish processes and procedures to
				  confirm the authority of a person in interest, if not directly authorized by a
				  patient, which must be satisfied as a condition to providing access to that
				  person in interest; and
(11) Comply
				  with applicable federal and State laws and regulations related to sensitive
				  health information when disclosing such information to a health care
				  consumer.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to the State Recognition of an
					 electronic advance directives service. Only an electronic advance directives
					 service that is awarded State Recognition status by the Maryland Health Care
					 Commission pursuant to this chapter may represent itself as a State-Recognized
					 electronic advance directives service that is authorized to connect to the
					 State-Designated Health Information Exchange.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.02 - 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) "Advance Care Planning" means a process
				  through which an individual considers and documents in a formal manner the
				  individual's preferences for the receipt of health care, including through the
				  use of an advance directive.
(2)
				  "Advance directive" has the meaning stated in Health-General Article, Title 5
				  Subtitle 6, Annotated Code of Maryland.
(3) "Commission" means the Maryland Health
				  Care Commission.
(4) "Declarant"
				  means a competent individual who makes an advance directive while capable of
				  making and communicating an informed decision.
(5) "Electronic advance directives service"
				  or "service" means a corporation, firm, association, or other entity that
				  offers electronic advance directives services by way of a web-based application
				  using cloud-based technology.
(6)
				  "Executive Director" means the Executive Director of the Commission.
(7) "Health care agent" means an individual
				  appointed by a declarant under an advance directive to make health care
				  decisions on behalf of a declarant.
(8) "State-Designated HIE" means an entity
				  designated by the Maryland Health Care Commission and the Health Services Cost
				  Review Commission pursuant to the statutory authority set forth under
				  Health-General Article, §19-143, Annotated Code of Maryland.
(9) "State Recognition" or "State-Recognized"
				  means the status awarded by the Commission to an approved electronic advance
				  directives service that has met State Recognition criteria.
(10) "State Recognition criteria" or
				  "criteria" means technology, security, privacy, and other standards established
				  by the Commission in accordance with Regulation .03 of this chapter.
(11) "Vendor" means an electronic advance
				  directive service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.03 - Criteria for State Recognition of an Electronic Advance Directives Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Commission will assess the application of an electronic advance directives
				  service for State Recognition in accordance with criteria approved by the
				  Commission in accordance with the process set forth in this
				  Regulation.
B. Commission staff
				  shall publish in the Maryland Register and on the Commission's website a notice
				  and draft criteria by which the Commission may consider an application of an
				  electronic advance directives service for State Recognition.
(1) The notice shall specify the date by
				  which public comments are due.
(2)
				  Commission staff shall analyze public comments received and recommend criteria
				  for use by the Commission in determining whether the Commission will award
				  State Recognition to an electronic advance directives service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.04 - Procedure for Initial State Recognition

Current through Register Vol. 51, No. 14, July 12, 2024
A. Application.
(1) An electronic advance directives service
				  seeking State Recognition shall submit an application in the form and manner
				  specified by the Commission.
(2)
				  The application, and all information supplementing the application, shall be
				  signed by at least one person authorized by the applicant, who shall sign a
				  statement as follows: "I solemnly affirm under penalties of perjury that the
				  contents of this application (or the supplementary information) are true to the
				  best of my knowledge, information, and belief."
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.05 - Procedure for Renewal of State Recognition

Current through Register Vol. 51, No. 14, July 12, 2024
A. An electronic advance directives service
				  seeking renewal of its State Recognition status shall:
(1) At least 45 days prior to the expiration
				  of State Recognition status, file a complete application for renewal in a form
				  and manner specified by the Commission; and
(2) Demonstrate compliance with the State
				  Recognition criteria in effect at the date of the Commission's receipt of the
				  application for renewal.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.06 - Non-transferability of State Recognition

Current through Register Vol. 51, No. 14, July 12, 2024
State Recognition issued pursuant to this chapter may not
					 be sold, assigned, leased, or transferred in any way, except as provided in
					 Regulation .07 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.07 - Closure, Sale, Merger, Lease, Assignment, or Transfer of All or Part of a State-Recognized Electronic Advance Directives Service

Current through Register Vol. 51, No. 14, July 12, 2024
A. At least 90
				  days before a State-Recognized electronic advance directives service closes on
				  a sale, merger, lease, assignment, or transfer of all or part of a
				  State-Recognized electronic advance directives service, the State-Recognized
				  electronic advance directives service shall:
(1) Submit in writing to the Commission
				  information requested by Commission staff about the desired change and a plan
				  that assures the proposed transaction:
(a)
				  Results in the secure transfer to another State-Recognized electronic advance
				  directives service;
(b) Provides
				  notice of the proposed transaction to the Commission, to the Maryland
				  Department of Health, to the State-Designated Health Information Exchange, and
				  to the Consumer Protection Division of the Office of the Maryland Attorney
				  General; and
(c) Provides notice of
				  the proposed transaction electronically and on the Vendor's website to each
				  declarant who prepared an electronic advance directive through the service and
				  health care agent named in an electronic advance directive, which at a minimum,
				  includes:
(i) Information about the transfer
				  of the declarant's advanced directive to another State-Recognized
				  entity;
(ii) The name, contact
				  information and web address of the State Recognized receiving entity;
(iii) The date the transfer will occur;
				  and
(iv) Specific instructions
				  about how the transfer of an advance directive impacts the declarant and the
				  health care agent.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 25 - MARYLAND HEALTH CARE COMMISSION › Chapter 10.25.19 - State Recognition of an Electronic Advance Directives Service › Section 10.25.19.08 - Commission Oversight of State-Recognized Electronic Advance Directives Services

Current through Register Vol. 51, No. 14, July 12, 2024
A. Commission
				  staff may, on its own initiative or in response to information provided to the
				  Commission, investigate any State Recognized electronic advance directives
				  service.
B. Failure of a
				  State-Recognized electronic advance directives service to provide full
				  information requested by Commission staff in a timely and complete manner is
				  grounds for suspension or revocation of State Recognition status.
C. Following Commission staff's
				  investigation, the Executive Director may issue a notice of proposed action,
				  which may include the following:
(1) A
				  time-limited opportunity to correct deficiencies identified by the
				  investigation;
(2) Suspension of
				  the State Recognition of an electronic advance directives service for a
				  definite period of time after which, depending upon the circumstances of the
				  case and completion of appropriate corrective actions, the Vendor may seek
				  reinstatement of its State Recognition; or
(3) Revocation of State
				  Recognition.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.01 - Fee Schedule › Section 10.26.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
The fee schedule applies to all acupuncturists who apply
					 for licensure or license renewal and auricular detoxification
					 specialists.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.01 - Fee Schedule › Section 10.26.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following term has the meaning indicated.
B. Term Defined. "Board" means the State
				  Board of Acupuncture.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.01 - Fee Schedule › Section 10.26.01.03 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board:
A. Initial application - $525;
B. Renewal application - December 1997 and
				  beyond - $525;
C. Application for
				  inactive status - $100;
D. Late
				  application (any application) - $100;
E. Reinstatement - $200;
F. Fine for failure to notify Board of change
				  in name or address - $50;
G.
				  Examination equivalency review plus all necessary travel, accommodations, and
				  translation or other expenses - $250;
H. Application for professional corporate
				  name - $20;
I. Application for
				  certification to practice acupuncture on animals - $100;
J. Auricular detoxification specialist
				  registration - $50;
K. Auricular
				  detoxification specialist registration renewal - $25;
L. Auricular detoxification specialist
				  registration reinstatement - $100;
M. License verification - $50; and
N. Roster - $25.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.02 - General Regulations › Section 10.26.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of acupuncture.
B. This chapter does not apply to:
(1) An individual employed by the federal
				  government as an acupuncturist while practicing within the scope of that
				  employment;
(2) A student, trainee,
				  or visiting teacher designated as such while participating in a course of study
				  or training under the supervision of a licensed acupuncturist in a program
				  approved by the Board or the Maryland Higher Education Commission; or
(3) An individual practicing a health
				  occupation who is authorized to practice under a provision of the Annotated
				  Code of Maryland, including:
(a) A physician
				  authorized under Health Occupations Article, Title 14, Annotated Code of
				  Maryland, to perform acupuncture as it is defined in that title,
(b) A dentist authorized under Health
				  Occupations Article, Title 4, Annotated Code of Maryland, to perform
				  acupuncture in connection with the practice of dentistry, or
(c) A veterinarian licensed under the
				  Agriculture Article, Title 2, Subtitle 3, Annotated Code of Maryland, who
				  performs acupuncture on animals in connection with the practice of veterinary
				  medicine.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.02 - General Regulations › Section 10.26.02.02 - 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) "ACAOM" means the Accreditation
				  Commission for Acupuncture and Oriental Medicine.
(2) "Acupuncture" means a form of health care
				  based on East Asian medical theories of energetic physiology that describe the
				  interrelationship of the body organs and functions of a human or
				  animal.
(3) "Applicant" means an
				  individual who has applied to the Board for a license to practice acupuncture
				  in this State.
(4) "Board" means
				  the State Board of Acupuncture.
(5)
				  "CCAOM" means the Council of Colleges of Acupuncture and Oriental
				  Medicine.
(6) "License" means a
				  license issued by the Board to practice acupuncture in this State.
(7) "NCCAOM" means the National Commission
				  for the Certification of Acupuncture and Oriental Medicine.
(8) "Practice acupuncture" means the use of
				  East Asian medical therapies for the purpose of normalizing energetic
				  physiological functions including pain control, and for the promotion,
				  maintenance, and restoration of health including, but not limited to:
(a) Stimulation of a human or animal body by
				  the insertion of needles;
(b) The
				  application of moxibustion; and
(c)
				  Manual, mechanical, thermal, or electrical therapies only when performed in
				  accordance with the principles of East Asian medical theories.
(9) "Pro bono work" means work
				  provided within the scope of practice of the licensee:
(a) Without financial reimbursement;
				  or
(b) Without direct financial
				  gain.
(10) "TOEFL" means
				  the Test of English as a Foreign Language.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.02 - General Regulations › Section 10.26.02.03 - Application for License

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify
				  for a license, an applicant shall:
(1) Submit
				  a completed application on a form supplied by the Board;
(2) Provide at the applicant's expense, in
				  English, all documentation required by §§B, C, and D of this
				  regulation or copies of original documents with English translations;
(3) Pay the necessary fees established in
				  COMAR 10.26.01;
(4) Submit a
				  current signed passport-size photograph; and
(5) Meet with the Board to review the
				  application if requested by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.02 - General Regulations › Section 10.26.02.04 - Approval of Applicant for Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall determine whether an application is complete as received, with all
				  required documentation enclosed.
B.
				  Within 90 days of its receipt of a completed application and required
				  information or documentation, the Board shall approve or deny the
				  application.
C. Upon approval of an
				  application, the Board shall issue a document authorizing the applicant to
				  practice acupuncture in this State in accordance with Health Occupations
				  Article, §1A -304, Annotated Code of Maryland, and the regulations in this
				  chapter.
D. Except with approval of
				  the Board, an applicant may not withdraw an application while under
				  investigation or after having received a notice of denial of
				  licensure.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.02 - General Regulations › Section 10.26.02.05 - Term, Renewal, Reinstatement, and Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  renewed, the term of a license is valid through the expiration date.
B. Renewal.
(1) At least 1 month before a license
				  expires, the Board shall send to the licensee a renewal notice that states the:
(a) Date on which the current license
				  expires;
(b) Date by which the
				  renewal application is to be received by the Board for the renewal to be issued
				  and mailed before the license expires; and
(c) Amount of the renewal fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.02 - General Regulations › Section 10.26.02.06 - Acupuncture on Animals

Current through Register Vol. 51, No. 14, July 12, 2024
A. To
				  obtain certification from the Board as qualified to practice acupuncture on
				  animals, an applicant shall:
(1) Possess a
				  current license to practice acupuncture in Maryland;
(2) Successfully complete a Board-approved
				  specialty training program in animal acupuncture from a school accredited by
				  ACAOM or approved by the Maryland Higher Education Commission that consists of
				  a minimum of 135 hours of theory and clinical training and includes at a
				  minimum in each of the following:
(a) 90 hours
				  in diagnosis of energy dynamics and treatment of animals,
(b) 15 hours in comparative functional
				  anatomy and physiology of animals,
(c) 15 hours in animal handling, restraints,
				  and emergencies, and
(d) 20 hours
				  in introduction to animal diseases and zoonotics that require the immediate
				  attention of a veterinary practitioner;
(3) Complete and submit the application
				  provided by the Board; and
(4) Pay
				  the fee as specified in COMAR 10.26.01.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.02 - General Regulations › Section 10.26.02.07 - Auricular Detoxification Specialist

Current through Register Vol. 51, No. 14, July 12, 2024
A. Qualification. To qualify as an auricular
				  detoxification aide, an applicant shall be certified or licensed as one of the
				  following health care professionals who works directly with chemically
				  dependent clients of a chemical dependency program in the counseling or
				  treatment of those clients:
(1) A certified
				  professional counselor-alcohol and drug;
(2) A certified associate counselor-alcohol
				  and drug;
(3) A supervised
				  counselor-alcohol and drug;
(4) A
				  licensed clinical alcohol and drug counselor;
(5) A licensed nurse;
(6) A licensed psychologist who works
				  directly with chemically dependent clients of a chemical dependency program in
				  the counseling or treatment of those clients; or
(7) A licensed certified social
				  worker-clinical who works directly with the chemically dependent clients of a
				  chemical dependency program in the counseling or treatment of those
				  clients.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not apply to an individual who practices
					 acupuncture on an animal under an animal research protocol which has been
					 approved by an Animal Use and Care Committee as provided in
					 9 CFR
					 2.30-----
					 2.38.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following term has the meaning indicated.
B. Term Defined. "Board" means the State
				  Board of Acupuncture.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.03 - Standards of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall be concerned primarily with the welfare of the patient or
				  client.
B. A licensee who suffers
				  from a physical, mental, or emotional impairment, including chemical abuse,
				  which impacts the licensee's ability to practice acupuncture shall seek
				  professional treatment and refrain from the practice of acupuncture until such
				  time as the impairment no longer exists or reasonable accommodations can be
				  made.
C. A licensee shall:
(1) Use professional discretion and integrity
				  in relationships with a member of the health care community;
(2) Be professional in conduct, with honesty,
				  integrity, self-respect, and fairness;
(3) Remain free from a conflict of interest
				  while fulfilling the objectives and maintaining the integrity of the
				  acupuncture profession;
(4) Provide
				  accurate fee information to the patient, the individual responsible for payment
				  for treatment, and the insurer;
(5)
				  At all times respect the patient's dignity, autonomy, and privacy;
(6) Practice acupuncture only as defined in
				  the scope of practice set forth in Health Occupations Article, § 1A -205,
				  Annotated Code of Maryland;
(7)
				  Cooperate with a lawful investigation conducted by the Board, including:
(a) Furnishing information
				  requested,
(b) Complying with a
				  subpoena,
(c) Responding to a
				  complaint at the request of the Board, and
(d) Providing meaningful and timely access to
				  relevant patient records; and
(8) Report to the Board or other appropriate
				  authority conduct in the practice of acupuncture that indicates a violation of:
(a) This chapter;
(b) Health Occupations Article, Title 1A,
				  Annotated Code of Maryland; or
(c)
				  Other federal or State laws.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.04 - Relationship with Patient

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensee shall:
(1) Use professional judgement
				  in the use of evaluation and treatment procedures;
(2) Decline to administer treatment if the
				  licensee believes that the treatment is contraindicated or
				  unjustified;
(3) Terminate a
				  professional relationship with patient in an appropriate manner, such as:
(a) Providing the patient with sufficient
				  notice to permit the patient to obtain the services of another
				  professional,
(b) Assisting the
				  patient by providing referrals if appropriate, or
(c) Continuing to provide emergency treatment
				  to the patient if treatment is required before a reasonable time has passed to
				  allow the patient to obtain the services of another health care
				  provider;
(4) Maintain a
				  written record of treatment of the patient under the licensee's care for at
				  least 5 years after the termination of treatment;
(5) Make the records available to the patient
				  on request, in compliance with applicable laws for disclosure of medical
				  records;
(6) Make arrangements for
				  another professional to provide for the needs of the patient during an
				  anticipated absence when the licensee is unavailable to a patient;
(7) Make a referral only to other qualified
				  and duly licensed health care providers;
(8) Accurately inform a patient, a health
				  care professional, and the public of the limitations of the practice of
				  acupuncture and make a referral to an appropriate health care practitioner as
				  needed;
(9) Adequately assess the
				  patient to determine whether a contraindication against acupuncture treatment
				  exists before beginning treatment;
(10) Exercise independent professional
				  judgement in the treatment and evaluation of a patient, regardless of whether
				  the patient was referred by another health care provider; and
(11) Provide full notice to the patient that
				  the patient would not reasonably be expected to benefit from the
				  treatment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.05 - Professional Boundaries

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall:
(1) Maintain professional
				  boundaries, even when the patient initiates crossing the boundaries of the
				  professional relationship;
(2)
				  Respect and maintain professional boundaries and respect the patient's
				  reasonable expectation of professional conduct; and
(3) If the licensee and the patient mutually
				  desire a personal relationship, immediately terminate the professional
				  relationship, make an appropriate referral to another health care practitioner,
				  and wait before engaging in such a relationship for a time when it is
				  reasonably certain that the professional relationship has no influence on the
				  personal relationship.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.06 - Records, Confidentiality, and Informed Consent

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee shall:
A. Respect and maintain the privacy and
				  confidentiality of the patient;
B.
				  Disclose the patient's record or information about the patient only with the
				  patient's consent or as required by law;
C. Adequately safeguard confidential patient
				  information, including storage and disposal of records;
D. Provide sufficient information to a
				  patient to allow the patient to make an informed decision regarding treatment,
				  including:
(1) The purpose and nature of an
				  evaluation or treatment regimen,
(2) Alternatives to treatment,
(3) Side effects and benefits of a treatment
				  regimen proposed and alternatives to that treatment,
(4) The estimated cost of treatment and
				  alternatives to treatment,
(5) The
				  right of the patient to withdraw from treatment at any time, including the
				  risks associated with withdrawing from treatment, and
(6) The patient's right to decline to
				  participate in treatment if an aspect of the treatment will be recorded,
				  documented, photographed, observed, or otherwise used in an educational
				  program;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.07 - Education and Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall:
(1) Recognize the licensee's
				  limitations and qualifications and practice acupuncture within the limits of
				  these limitations and qualifications;
(2) Obtain additional training, information,
				  and supervision as needed to perform a new technique or service in a new
				  specialty area or when employing a new treatment modality; and
(3) Be current in the licensee's
				  qualifications to practice acupuncture, including meeting continuing education
				  requirements established by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.08 - Advertising

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may
				  advertise services subject to the provisions of this regulation.
B. A licensee may not use statements in an
				  advertisement that:
(1) Contain a
				  misrepresentation of facts;
(2) Are
				  likely to mislead or deceive because, in context, the statement makes only a
				  partial disclosure of relevant facts;
(3) Intend to or are likely to create a false
				  or unjustified expectation of a favorable result;
(4) Relate to fees, other than a standard
				  consultation fee or a range of fees for specific types of services, without
				  fully disclosing all relevant variables so that the statement would not be
				  misunderstood or be deceptive to a layman;
(5) Convey the impression that the licensee
				  could improperly influence a public body, official, corporation, or a person on
				  behalf of a patient;
(6) Contain a
				  representation that the licensee is willing to perform a procedure which is
				  illegal; or
(7) Contain a
				  representation or implication that, in reasonable probability, can be expected
				  to cause an ordinarily prudent person to misunderstand or be
				  deceived.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.03 - Code of Ethics › Section 10.26.03.09 - Ethical, Legal, and Professional Responsibilities

Current through Register Vol. 51, No. 14, July 12, 2024
The licensee may not construe the failure to specify a
					 particular ethical, legal, or professional duty in this chapter as a denial of
					 the existence of other ethical, legal, or professional duties or
					 responsibilities that are equally as important and generally recognized in the
					 profession.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.04 - Rules of Procedure for Board Hearings › Section 10.26.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary matters
					 and hearings before the State Acupuncture Board and establishes the standards
					 for use as a guide for the imposition of disciplinary sanctions against any
					 Maryland licensed acupuncturist or any registered auricular detoxification
					 specialist if, after a hearing, the Board finds that there are grounds under
					 Health Occupations Article, § 1A "309, Annotated Code of Maryland, to
					 place a licensee or registered auricular detoxification specialist on
					 probation, reprimand, suspend, fine, or revoke a license. The Board may
					 consider aggravating and mitigating factors in determining
					 sanctions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.04 - Rules of Procedure for Board Hearings › Section 10.26.04.03 - Confidentiality of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided by law, the proceedings of the Board are
				  confidential. The confidentiality may not be waived by the parties.
B. Office of Administrative Hearing
				  proceedings involving the adjudication of a Board contested case and the
				  administrative law judge's recommended decision are confidential, and the
				  respondent may not waive the confidentiality of the proceedings or of the
				  patients whose medical records or care are reflected in the record of the
				  proceedings.
C. To the extent
				  possible, both before and after a final order is entered into by the Board, the
				  parties shall refrain from revealing legal documents, oral statements, or
				  information that would reveal the identity of any patients referred to in the
				  Board's order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 26 - BOARD OF ACUPUNCTURE › Chapter 10.26.04 - Rules of Procedure for Board Hearings › Section 10.26.04.04 - Representation by Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  respondent may be represented by counsel in any matter before the Board and at
				  any stage of the proceedings.
B. If
				  the matter goes to a hearing, a respondent shall be represented by the
				  respondent, or by an attorney who is admitted to the Maryland Bar or specially
				  admitted to practice law pursuant to Maryland Rules, Rules Governing Admission
				  to the Bar of Maryland, Rule 14, Annotated Code of Maryland.
C. An administrative prosecutor assigned to
				  the Board by the Office of the Attorney General shall prosecute disciplinary
				  matters in Board proceedings.
D.
				  The Board may be represented by and obtain advice of counsel assigned to it by
				  the Office of the Attorney General in all proceedings.