COMAR
10.65.01.00
Authority: General Provisions Article, §4-333(c); Health Occupations Article, §§6-101, 6-102, 6-201—6-206, 6-301—6-306, and 6-504; Annotated Code of Maryland
This subchapter (.00) simply states another piece of legislation that gives the Authority for the Board of Massage Therapy Examiners (MBMTE) to oversee regulations regarding massage therapy.
10.65.01.01 Rules of Order.
All proceedings of the Board in regular session shall be governed by Robert’s Rules of Order.
"Robert's Rules of Order" are a recognized set of rules for conducting meetings. You may recognize it for phrases such as "Motion to..." and "Point of order". This subchapter (.01) simply states that the MBMTE will use these rules during meetings. Learn more about Roberts Rules here.
10.65.01.02 Board Officers, Members, and Staff.
A. The Board shall, as the appointing authority, direct the operation of the staff through the executive director.
This subchapter says that the executive director of the MBMTE has the authority to appoint staff for the Board's operations.
B. Board members may not have monetary, pecuniary, or other interest in the affairs of any:
(1) Staff member; or
(2) Organization engaged in business with the Board, including:
(a) Businesses;
(b) Enterprises; or
(c) Other for-profit organizations.
This portion prohibits people who have conflicting interests from becoming Board members of the MBMTE. Conflicting interests include: staff positions with the Board, other types of business with the Board.
C. A Board member or Board staff may not serve for compensation as an instructor in a continuing education course or program under Board cognizance over which that Board member or staff member serves in an approval capacity.
This portion specifies that Board members and Board staff are prohibited from working as paid instructors in any school or course that the Board oversees.
Table of Contents
Subchapter 00
Subchapter 01 - Rules of Order
Subchapter 02 - Board Officers, Members, & Staff
Subchapter 03 - Scope
Subchapter 04 - Definitions
Subchapter 05 - Licensure …; Exceptions
Subchapter 06 - Application for Licensure…
Subchapter 07 - Required … Education & Training
Subchapter 08 - Licensure
Subchapter 09 - Registration
Subchapter 10 - Renewals
Subchapter 11 - Reinstatement
Subchapter 12 - Inactive Status
Subchapter 13 - Duplicate Licenses …
Subchapter 14 - Penalties
Subchapter 15 - Compelling Public Purpose Disclosure
Subchapter 16 - Repealed
Subchapter 9999
10.65.01.03 Scope.
Except as specifically provided in this chapter, this chapter does not limit the right of an individual to:
A. Practice a health occupation that the individual is otherwise authorized to practice under the Health Occupations Article, Annotated Code of Maryland; or
B. Advertise an occupation that the individual is otherwise authorized to practice under the Health Occupations Article, Annotated Code of Maryland.
This subchapter (.03) defines the scope of these regulations. These regulations do not limit someone from advertising or practicing other health occupations that they are otherwise authorized to practice. For example, someone who is licensed as a clinical social worker and a massage therapist is not restricted from advertising their social work - though these regulations apply to their massage therapy practice.
10.65.01.04 Definitions.
A. In this chapter, the following terms have the meanings indicated.
Literally, this chapter just defines certain terms. These definitions apply throughout the code.
B. Terms Defined.
(1) “Board” means the State Board of Massage Therapy Examiners.
The "Board" always refers to the Maryland Board of Massage Therapy Examiners.(2) “Custodian of records” means an individual designated by the Board who:
(a) Is responsible for the security, storage, dissemination, and destruction of records; and
(b) Complies with:
(i) General Provisions Article, Title 4, Annotated Code of Maryland;
(ii) Health Occupations Article, Title 6, Annotated Code of Maryland; and
(iii) This subtitle.
Need to assess.
(3) “Health care setting” has the meaning stated in Health-Occupations Article,§6101(c), Annotated Code of Maryland.
Add link to referred article and explain.(4) “License” means the document issued by the Board to an individual qualified to practice massage therapy.
In this code, a "License" refers to the document issued to both LMTs and RMPs, without discrimination.(5) “Licensed massage therapist (LMT)” means an individual who is licensed by the Board to practice massage therapy.
LMTs must be licensed by the Maryland Board.(6) “Licensee” means, unless the context requires otherwise, a licensed massage therapist or a registered massage practitioner authorized by the Board to practice massage therapy.
In this code "Licensee" is the licensed OR registered person, without discrimination, unless otherwise indicated.(7) Massage Therapy.
(a) “Massage therapy” means the use of manual techniques on soft tissues of the human body including stroking, kneading, tapping, stretching, compression, vibration, and friction.
This is one piece of what defines the "scope" of massage therapy - the use of hands on the soft tissues, including techniques you are familiar with from your training.(b) “Massage therapy” includes massage, myotherapy, and synonyms or derivatives of these terms, with or without the aid of:
(i) Cold packs;
(ii) Nonlegend topical applications; or
(iii) Heat limited to hot packs and heating pads.
By including "synonyms or derivatives" of these terms, unlicensed people are not able to practice massage techniques simply by calling it something other than "massage". Scope includes (but does not require) the use of cold packs, topicals, and heat. "Nonlegend" topicals means that the topicals are available without prescription by a physician.
(c) “Massage therapy” does not include the:
(i) Diagnosis of illness, disease, or injury;
(ii) Adjustment, manipulation, or mobilization of any of the articulations of the osseous structures of the body or spine; or
(iii) Laying on of hands, consisting of pressure or movement, with the exception of such techniques described in §B(7)(a) of this regulation on a fully clothed individual to specifically affect the electromagnetic energy or energetic field of the human body.
This section EXcludes from MTs' scope of practice: diagnosing & chiropractic manipulation. It also gives an exclusion for certain manual techniques, not listed above, that are done with a clothed individual AND with the intention of affecting the recipient energetically - such that modalities like Reiki and other energy bodywork do not require a massage license to practice. (Though they may be regulated by other portions of law.)
(8) “Massage therapy education program” means a course of study that prepares individuals in subjects related to the knowledge, techniques, skills, and abilities used in the practice of massage therapy.
This is the term that refers to your schooling program.(9) “Practice massage therapy” means to engage professionally and for compensation in massage therapy.
Critically, "practicing" massage therapy means that the person in question is paid (in money or other compensation) for performing the techniques described in this subchapter; and that they are put forth as professionals.(10) “Registered massage practitioner (RMP) or registrant” means an individual who is registered by the Board to practice massage therapy in a setting that is not a health care setting.
The terms RMP or "Registrant" refers specifically to RMPs, and not to LMTs.(11) “Registration” means, unless the context requires otherwise, a document issued by the Board to practice massage therapy in a setting that is not a health care setting.
"Registration" differentiates a license for an LMT from a license for an RMP.(12) “Research” means a curriculum component that systematically investigates and validates massage therapy techniques based on sources and data to provide successful outcomes for clients.
This is the definition of "Research".(13) “State Board of Massage Therapy Examiners Jurisprudence Examination” means the test developed by the Board to assess an applicant’s knowledge of the statute and regulations governing massage therapy in the State.
This is the description of the Jurisprudence Exam.
10.65.01.05 Licensure or Registration Required; Exceptions.
An individual shall be licensed by the Board in order to practice massage therapy, and shall be registered by the Board in order to practice massage therapy in a setting that is not a health care setting, except for the following:
Exceptions to licensure requirements are defined below.
A. A student enrolled in an approved education program as determined by the Board while performing massage therapy in the program;
This is your exception as a student.B. An individual who:
(1) Practices massage therapy in a recognized jurisdiction with an active license or registration in good standing;
(2) Is seeking to practice in Maryland exclusively with a visiting organization for not more than 7 consecutive days and not to exceed 30 days per calendar year; and
(3) Submits a timely request for approval to participate in an event by application at least 10 days prior to the event in accordance with Board procedures;
This is Maryland's "Reciprocity" rule - that individuals licensed in another "recognized jurisdiction" MAY work legally in Maryland for a limited time AND with the Board's permission. The limited time is no more than 7 days in a row, and no more than 30 days in a calendar year. The Board's permission must be granted in writing at least 10 days before the working event. "Recognized jurisdiction" is not defined, but likely includes other US states. An individual should contact the Board to verify whether a specific license is recognized.
C. A family member performing massage therapy on another family member;
Unlicensed individuals may give massage to family members.D. An athletic trainer while functioning in the scope of the athletic trainer's professional capacity;
There are certain massage activities that are covered under the scope of practice of an athletic trainer, and those activities would not be regulated by this code.E. An individual employed by the federal government to practice massage therapy while practicing within the scope of the individual's employment; or
An individual working in employment of the federal government would be subject to their own rules, superseding the Maryland rules.F. A licensed cosmetologist or esthetician who:
(1) Operates a beauty salon;
(2) Has obtained a permit from the State Board of Cosmetology as required under Business Occupations and Professions Article, §5-501, Annotated Code of Maryland; and
(3) Limits their practice to:
(a) Being within the scope of a license issued by the State Board of Cosmetology; and
(b) The application and removal of skin products, not including massage therapy.
There are certain massage activities that are covered under the scope of practice of an esthetician or cosmtologist license, and those activities would not be regulated by this code.
10.65.01.06 Application for Licensure or Registration.
A. An applicant for a license to practice massage therapy shall:
This subchapter describes the necessary components of an application for a massage therapy license(1) Complete the application provided by the Board;
(2) Pay the application fee as specified in COMAR 10.65.07;
(3) Submit one recent 2 inch by 2 inch passport type photograph on a solid white background of the applicant;
(4) Submit a completed criminal background check;
(5) Provide evidence that the applicant is:
(a) Of good moral character; and
(b) 18 years old or older;
1-5 describe the elements that must be included in the massage license application.
(6) Pass the State Board of Massage Therapy Examiners Jurisprudence Examination, which is administered by the Board, with a score of at least 75 percent;
6 defines the Jurisprudence Exam requirement and passing score (75%).(7) Have sent directly to the Board by the administering authority proof of having passed a Board-approved examination;
7 describes that the bodywork examination (usually MBLEx) test results must be sent directly from the testing center to the Board.(8) Have copies of official transcripts sent directly to the Board by an institution of postsecondary education, as defined in Education Article, §10-101, Annotated Code of Maryland, and approved by the Maryland Higher Education Commission, from which the applicant graduated that documents completion of a program of at least 750 contact hours of massage therapy education in a curriculum that is:
(a) Approved by the Board;
(b) Endorsed by:
(i) The Commission on Massage Therapy Accreditation (COMTA); or
(ii) An equivalent entity that accredits both institutions of postsecondary education and programs offering instruction in massage therapy; and
(c) Accredited by an institutional accreditation agency recognized by the United States Department of Education;
8 describes that the educational transcripts from the massage school must be sent directly to the Board; and it defines which educational curriculums qualify, and requires 750 contact hours.
(9) Provide documentation of having satisfactorily completed the requirements listed in Regulation .07 of this chapter;
Refer back.(10) Provide documentation of current certification of qualification in CPR, at a minimum at the Basic Life Support (BLS) level; and
10 describes the CPR certification requirement. *Note that Maryland does not require First Aid certification, though DC and Virginia do. Nonetheless, First Aid IS a requirement for your graduation from massage school - so you will need to get First Aid certified for your first year only.(11) Have verification of status sent directly to the Board by the issuing state, if certified, licensed, or registered to practice massage therapy in another state.
Anyone who is or has been licensed in another state, must have that license verified with the Board.
B. On or before September 30, 2024, to be a registered massage practitioner, an applicant shall:
(1) Complete the application provided by the Board;
(2) Pay the application fee as specified in COMAR 10.65.07; and
(3) Submit one recent 2 inch by 2 inch passport type photograph on a solid white background of the applicant;
(4) Submit a completed criminal background check;
(5) Provide evidence that the applicant is:
(a) Of good moral character; and
(b) 18 years old or older;
(6) Pass the State Board of Massage Therapy Examiners Jurisprudence Examination, which is administered by the Board, with a score of at least 75 percent;
(7) Have sent directly to the Board by the administering authority proof of having passed a Board-approved examination;
(8) Have copies of official transcripts sent directly to the Board by the school from which the applicant graduated that documents completion of a program of at least 600 classroom hours in massage therapy education that is:
(a) Approved by the Board;
(b) Endorsed by:
(i) The Commission on Massage Therapy Accreditation (COMTA); or
(ii) An equivalent entity that accredits both institutions of postsecondary education and programs offering instruction in massage therapy; and
(c) Accredited by an institutional accreditation agency recognized by the United States Department of Education;
(9) Provide documentation of having satisfactorily completed the requirements listed in Regulation .07 of this chapter;
(10) Provide documentation of current certification of qualification in CPR, at a minimum at the Basic Life Support (BLS) level; and
(11) Have verification of status sent directly to the Board by the issuing state, if certified, licensed, or registered to practice massage therapy in another state.
Section B gives the requirements for application for RMP status, which expired on September 30th, 2024. These differ from Section A only in the number of school contact hours required (600).
C. The Board may not issue a license or registration if the criminal history record information required under Health Occupations Article, §6-303(b), Annotated Code of Maryland, has not been received.
This section requires the criminal history record of an applicant.D. On or after October 1, 2024, the Board may not issue an initial registration to practice as a registered massage practitioner.
This section prohibits the Board from issuing any more RMP registrations - for initial registrants only. Existing RMPs can continue to renew.E. On or before October 31, 2026, on a request made on an application approved by the Board, the Board shall convert the registration of an individual registered by the Board as a registered massage practitioner to a license to practice massage therapy if the individual complies with regulations under this subtitle.
This section allows for some RMPs to convert to LMT status by October 31, 2026. Is this specific to individuals who completed 700 hours but were granted RMP - e.g. during the RMP-only phase of transition? Or does it refer to the below, and require that all RMPs convert by 2026?F. Conversion. In order for an individual to convert from a registered massage practitioner to a licensed massage therapist, a minimum of one of the following shall be met by the applicant:
(1) Has held a registration continuously in good standing for a minimum of 10 years preceding the conversion request;
(2) Attest to the accumulation of 1,000 hours of hands-on experience over the previous 2 years between work hours and continuing education hours; or
(3) Provide documentation verifying a total of 750 hours which include program hours and continuing education hours.
This section describes how an existing RMP can convert their license to LMT.
10.65.01.07 Required Massage Therapy Education and Training.
A. Classroom Training: LMTs.
(1) An applicant for a license to practice massage therapy shall provide documentation of having graduated with at least 750 hours of education in a Board-approved program for the study of massage therapy that includes the following areas of content:
(a) 100 hours in anatomy, physiology, and kinesiology;
(b) 200 hours in massage therapy theory;
(c) 50 hours in contraindications to massage therapy and pathology;
(d) 30 hours in professional ethics;
(e) 5 hours in health and hygiene;
(f) 5 hours in research;
(g) 175 hours in supervised hands-on techniques;
(h) 50 hours in clinical assessment and documentation;
(i) 35 hours in professional standards and business practices; and
(j) 100 hours in supervised clinical experience/practicum.
This section defines the responsibilities of massage training programs with regards to specific content hours that shall comprise the 750-hour total.
(2) Cardiopulmonary resuscitation (CPR) shall be included but does not count towards the 750-hour minimum.
CPR must be included but does not count towards the 750 hours.(3) An applicant may attend more than one training institution, if the applicant graduates from a school requiring satisfactory completion of a minimum of 750 classroom hours in massage therapy education.
An individual may attend more than one school to complete their training, as long as they meet the graduation requirements from a school that fits the above criteria.
B. Classroom Training: RMPs.
(1) An applicant for a registration to practice massage therapy shall provide documentation of graduation from a Board-approved program of at least 600 hours for the study of massage therapy that includes the following areas of content:
(a) Anatomy, physiology, and kinesiology;
(b) Massage therapy theory;
(c) Contraindications and pathology;
(d) Professional ethics;
(e) Health and hygiene;
(f) Research;
(g) Supervised hands-on techniques; and
(h) Clinical assessment and documentation.
(2) Cardiopulmonary resuscitation (CPR) shall be included but does not count towards the 600-hour minimum.
(3) An applicant may attend more than one training institution, if the applicant graduates from a school requiring satisfactory completion of a minimum of 600 classroom hours in massage therapy education.
This section defines the responsibilities of massage training programs with regards to specific content to comprise the 600 hours required for RMP status — no longer relevant.
C. Education and Training in a Foreign Country.
(1) The Board may grant a license or registration to practice massage therapy to an applicant who completed an educational program in a foreign country if the applicant:
(a) Can demonstrate through a Board-approved certifying agency that the applicant's education and training were substantially equivalent to the requirements of §A of this regulation through a Board-approved certifying agency; and
(b) Meets the examination and other requirements of this chapter.
This section gives the Board the authority to review the educational components of a course of study completed in another country, and to grant a license if the Board determines the education is substantially equivalent AND the applicant can pass the exam and meet other requirements listed in this chapter.
(2) The Board may interview an applicant under this section to determine whether the applicant's education and training meet the requirements of this chapter.
The Board may interview applicants in this situation.(3) An applicant shall arrange and pay for the professional translation into English of all documentation required under this chapter if the documentation is in a language other than English
An international applicant is responsible for any and all costs associated with translation of required documents.
10.65.01.08 Licensure.
A. The Board shall:
(1) Issue a license to an approved applicant that:
(a) Is not valid for more than 2 years, and
(b) Expires on the date set by the Board; or
(2) Notify an applicant not approved for licensure by letter which specifies the reason or reasons for disapproval.
This section requires the Board to issue a license to qualified applicants, and sets the term for expiration. It also requires the Board to notify applicants who are not approved and to specify why an applicant has not been approved.
B. The licensee shall notify the Board of any change in the legal name or address of the licensee, in writing, within 60 days after the change occurs.
This section requires all licensed individuals to notify the Board of an address change within 60 days.C. The Board may not issue a license if the criminal history records information required under Health Occupations Article, §6–303(b), Annotated Code of Maryland, has not been received.
This section prohibits the Board from issuing a license if criminal records information is missing.D. Display of License. A licensee shall display the license and any current renewal license conspicuously in the space where the licensee is engaged in practice, including in any temporary space or in any exhibit location.
This section requires all licensed individuals to display their current license visibly in every location where they work, including temporary locations.
10.65.01.09 Registration.
A. The Board shall:
(1) Issue an initial registration until September 30, 2024, to an approved applicant that:
(a) Is not valid for more than 2 years; and
(b) Expires on the date set by the Board; or
(2) Notify an applicant not approved for registration, by a letter which specifies the reason or reasons for disapproval.
B. The registrant shall notify the Board, in writing, of any change in the legal name or address of the registrant within 60 days after the change occurs.
C. The Board may not issue a registration if the criminal history records information required under Health Occupations Article, §3–302.1, Annotated Code of Maryland, has not been received.
D. Display of Registration. A registrant shall display the registration and any current renewal registration conspicuously in the space where the registrant is engaged in practice, including in any temporary space or in any exhibit location.
This section describes the same requirements as Subchapter 08 for RMPs, no longer issued after September 30th, 2024.
10.65.01.10 Renewals.
A. The Board shall send each licensee a renewal notice that states the:
(1) Date on which the current license or registration expires;
(2) Latest date by which the renewal application and documentation can be received by the Board in order for the renewal license or registration to be issued before the current license or registration expires; and
(3) Amount of the renewal fee as specified in COMAR 10.65.07.
This section requires the Board to notify all licensed individuals about the renewal process. The Board is responsible for reminding individuals of their license expiration date, their deadline to submit for renewal, and the amount of the renewal fee.
B. At least 30 days before the current license or registration expires, the Board shall send the renewal notice by electronic means or first-class mail to the last known electronic or physical address of the licensee.
The Board has up until 30 days before the deadline to send this notice. The notice can be sent by First-class mail or electronically.C. Late Renewal. A late fee in addition to a renewal fee shall be applied as specified in COMAR 10.65.07, if the request is received by the Board within 30 days of the expiration date of the license or registration.
This section allows for late renewals within 30 days of the deadline, subject to an additional late fee.D. Licensees shall satisfactorily complete the minimum continuing education requirements set forth under COMAR 10.65.05.
This section requires applicants for renewal to complete CE credits as defined in Chapter 5.
10.65.01.11 Reinstatement.
This section describes the requirements for reinstating a license that has expired and lapsed for more than 30 days after the expiration date.
A. The Board shall reinstate an individual whose license or registration has expired if the individual:
(1) Meets the renewal requirements of this chapter and Health Occupations Article, §6-306, Annotated Code of Maryland;
(2) Pays the late and reinstatement fees as specified in COMAR 10.65.07, if the request is received by the Board more than 30 days after the expiration date of the license or registration; and
(3) Satisfactorily completes the minimum continuing education requirements set forth under COMAR 10.65.05.
If the license has been expired more than 30 days but less than 5 years, the license may be reinstated if the individual meets the renewal requirements, pays the late fee, pays an additional reinstatement fee, and completes all CE requirements.
B. A licensed massage therapist who fails to apply for licensure reinstatement within 5 years after the expiration date of the license shall meet the requirements in effect at the time of the request in order to be licensed to practice massage therapy.
If a license has been expired for more than 5 years, the applicant will be subject to the requirements of new licensure in effect at the time of the application, including any future changes.C. Except as otherwise provided in this chapter, a registered massage practitioner who fails to apply for registration reinstatement within 5 years after the expiration date of the registration shall meet the requirements in effect at the time of the request in order to be registered to practice massage therapy in a setting that is not a health care setting.
If a Registration has been expired for more than 5 years, the applicant will be subject to the requirements of new registration in effect at the time of application
— which I think means, will be unable to apply for Registration, rather must meet the requirements of LMT.
10.65.01.12 Inactive Status.
A. In accordance with Health Occupations Article, §6-306, Annotated Code of Maryland, a request by an active licensee or registrant to transfer a license or registration to inactive status shall be granted upon receipt of the:
(1) Completed Board-approved inactive status application; and
(2) Payment of the required, non-refundable, biennial inactive status fee set forth in COMAR 10.65.07.
This section defines the process for setting a license to inactive. The Board is required to grant the request, if the applicant completes the appropriate application and pays the inactive status fee.
B. An individual:
(1) May apply for inactive status only if the individual’s license or registration is still active at the time the inactive status application request is made;
(2) Shall renew and pay the biennial inactive status fee during each renewal period; and
(3) On inactive status is not authorized to and may not practice massage therapy.
An individual is only eligible for inactive status if their license is active at the time of the request (i.e. not expired). Licensed individuals on inactive status must continue “renew” their inactive status at each renewal period, and pay the inactive status fee every two years. Licensed individuals may not practice massage therapy while on inactive status.
C. Within 5 calendar years after being placed on inactive status, an individual seeking to be reactivated shall be required, as a condition of reactivation, to submit:
(1) Proof of having completed the required CEUs of which shall have been obtained within the 2-year period immediately preceding the application for reactivation; and
(2) Documentation of current CPR requirements at the designated level.
This section limits inactive status to a 5-year period, and describes the process for reactivation. In order to reactivate, the individual must complete all the required CEs within 2 year preceding the application date, and have a current CPR certification.
D. If an individual on inactive status seeks to be reactivated beyond the required 5-year period and conditions set forth under §C of this regulation, the individual shall be required to:
(1) Submit a new application;
(2) Pay the non-refundable fee set forth in COMAR 10.65.07;
(3) Submit to a criminal history records check in accordance with Health Occupations Article, §6-303, Annotated Code of Maryland;
(4) Pass the Jurisprudence Examination required by the Board with a score of at least 75 percent; and
(5) Possess documentation of current certification of qualification in CPR, at a minimum at the Basic Life Support (BLS) level.
This section requires an individual to re-apply for licensure if they have been inactive for more than 5 years.
10.65.01.13 Duplicate Licenses and Registrations.
A. The Board shall issue a duplicate license or registration to a licensee if:
(1) The licensee has a change of name, loses or damages the original, or practices in multiple locations; and
(a) Makes the request to the Board in writing;
(b) Provides appropriate legal documentation of the change;
(c) Pays the fee as specified in COMAR 10.65.07; and
(d) Surrenders the current license or registration;
Individuals can request a duplicate license if they have a change of name, lose or damage the original, or need a duplicate for multiple locations. To request a duplicate license, you must make the request in writing, provide evidence, pay the fee, and surrender the existing license.
(2) The Board, as a result of its error, issues an incorrect license or registration and the licensee:
(a) Notifies the Board in writing within 6 weeks of receipt of the incorrect license or registration; and
(b) Surrenders the incorrect license or registration; or
If the Board issues a license with incorrect information, that is not the fault of the applicant, there is no fee to replace the license as long as the request is made within 6 weeks of receipt. The licensee must surrender the incorrect license.
(3) The licensee does not receive the license or registration within 2 weeks of issuance and the licensee provides a notarized statement to the Board attesting to the non-receipt of the license or registration within 30 days of the date the license or registration was issued by the Board.
If an applicant does not receive their license within 2 weeks of issuance, they may request a duplicate by providing a notarized statement to the Board within 30 days.
B. The requirements in §A of this regulation do not apply if the non-receipt was due to the licensee’s failure to change the licensee’s address of record with the Board.
If the licensed individual is at fault for failing to notify the Board of an address change, Section A of this regulation does not apply.
10.65.01.14 Penalties.
If a licensee fails to notify the Board of a change of name or address within the time required in Regulations .08B and .09B of this chapter, subject to the hearing provisions of Health Occupations Article, §6–309, Annotated Code of Maryland, the Board may impose an administrative penalty of $100.
There is a $100 fee for failure to notify the Board of a change of name or address within the time required (see 10.65.01.08B & 10.65.01.09B).
10.65.01.15 Compelling Public Purpose Disclosure.
A. The custodian of records for the Board may find that a compelling public purpose warrants disclosure of information in an application, certification, licensing, or investigative file, regardless of whether there has been a request for the information, if the information concerns:
(1) Possible criminal activity and the disclosure is to a federal, state, or local law enforcement or prosecutorial official or authority;
(2) A possible violation of law and the disclosure is to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to information relevant to the possible violation by that individual; or
(3) Conduct by an individual that the Board reasonably believes may pose a risk to the public health, safety, or welfare, and the disclosure is to:
(a) A law enforcement authority;
(b) An administrative official;
(c) An Agency that regulates the individual; or
(d) A hospital or other health care facility where the individual has privileges.
B. Other Disclosures. This regulation does not prohibit or limit the ability of the custodian of records for the Board to disclose:
(1) General licensing information as provided in General Provisions Article, §4-333(c), Annotated Code of Maryland; or
(2) Any information that the Board may otherwise disclose by law.
This section grants the Board the ability to disclose personal information about a licensed individual for compelling reasons, with regards to public safety.
10.65.01.16
This section was repealed.
10.65.01.9999
This section provides the Administrative History of the Chapter, such as effective dates of the current legislation and notes about sections that were amended, recodified, and repealed. The text is not quoted here.