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    Maryland Register
    Issue Date:  April 29, 2016
    Volume 43 • Issue 9 • Pages 534—535
    Title 10
    Subtitle 07 HOSPITALS
    10.07.01 Acute General Hospitals and Special Hospitals
    Authority: Health-General Article, §19-308, Annotated Code of Maryland
    Notice of Proposed Action
    The Secretary of Health and Mental Hygiene proposes to adopt new Regulations .02 and .30, repeal existing Regulation .03, and recodify existing Regulation .02 to be Regulation .03 under COMAR 10.07.01 Acute General Hospitals and Special Hospitals.
    Statement of Purpose
    The purpose of this action is to update the 2006 incorporation by reference document regarding architectural guidelines for hospitals and outpatient facilities to the 2014 edition and to adopt a separate regulation regarding physical environment requirements.
    Comparison to Federal Standards
    There is no corresponding federal standard to this proposed action.
    Estimate of Economic Impact
    The proposed action has no economic impact.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through May 30, 2016. A public hearing has not been scheduled.
     Editor’s Note on Incorporation by Reference
                    Pursuant to State Government Article, §7-207, Annotated Code of Maryland, the Guidelines for the Design and Construction of Hospitals and Outpatient Facilities, The Facilities Guidelines Institute (2014 Edition), has been declared a document generally available to the public and appropriate for incorporation by reference. For this reason, it will not be printed in the Maryland Register or the Code of Maryland Regulations (COMAR). Copies of this document are filed in special public depositories located throughout the State. A list of these depositories was published in 43:1 Md. R. 10 (January 8, 2016), and is available online at www.dsd.state.md.us. The document may also be inspected at the office of the Division of State Documents, 16 Francis Street, Annapolis, Maryland 21401.
    .02 Incorporation by Reference.
    The Guidelines for the Design and Construction of Hospitals and Outpatient Facilities, The Facilities Guidelines Institute (2014 Edition), is incorporated by reference, with the following exceptions:
    A. 2.3 Specific Requirements for Freestanding Emergency Department, pp. 211-213;
    B. 3.3 Specific Requirements for Freestanding Outpatient Diagnostic and Treatment Facilities, pp. 295-296;
    C. 3.4 Specific Requirements for Freestanding Birthing Center, pp. 297-302;
    D. 3.5 Specific Requirements for Freestanding Urgent Care Centers, pp. 303-306; and
    E. 3.6 Specific Requirements for Freestanding Cancer Treatment Facilities, pp. 307-309.
    .30 Physical Environment.
    A. The facility shall be in compliance with:
    (1) Guidelines for the Design and Construction of Hospitals and Outpatient Facilities (2014); and
    (2) All applicable State and local governing laws, regulations, standards, ordinances, and codes for fire safety, building, and zoning requirements.
    B. Any waiver or other modification of these requirements shall be addressed by the appropriate State or local authority having jurisdiction in accordance with established procedures.
    Secretary of Health and Mental Hygiene