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    Maryland Department of Health
    Regulations

    ​
    PROPOSAL
    Maryland Register
    Issue Date:  June 10, 2016
    Volume 43 • Issue 12 • Pages 684—685
     
    Title 10
    DEPARTMENT OF HEALTH AND MENTAL HYGIENE
    Subtitle 32 BOARD OF PHYSICIANS
    10.32.06 Licensure of Polysomnographic Technologists
    Authority: Health Occupations Article, §§14-5C-07(a)(8), 14-5C-09(c)(3), and 14-5C-10(a), Annotated Code of Maryland
    Notice of Proposed Action
    [16-141-P]
    The Secretary of Health and Mental Hygiene proposes to amend Regulations .02, .04, and .08 under COMAR 10.32.06 Licensure of Polysomnographic Technologists. This action was considered at a public meeting on March 30, 2016, notice of which was provided by posting on the Board’s website at http://www.mbp.state.md.us/forms/mar16fullagenda.pdf from March 16 through March 30, 2016, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.
     
    Statement of Purpose
    The purpose of this action is to amend regulations by:
    (1) Adding “Board eligible” to the Definitions regulation;
    (2) Deleting an extension request provision that has expired; and
    (3) Adding to a list of approved organizations that may provide continuing education courses.
    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 July 11, 2016. A public hearing has not been scheduled.
    .02 Definitions.
    A. (text unchanged)
    B. Terms Defined.
    (1) (text unchanged)
    (2) “Board eligible” means a physician’s status that starts upon completion of all the requirements to take a sleep medicine certifying examination and lasts for a limited period of time, as determined by the American Board of Medical Specialties or the American Osteopathic Association.
    [(2)] (3)—[(18)] (19) (text unchanged)
    .04 Application for Initial Licensure as a Polysomnographic Technologist.
    A.—B. (text unchanged)
    [C. Extension Request.
    (1) An applicant who has not satisfied the licensure requirements under §A of this regulation on or before September 30, 2013, may file a request for an extension of time with the Board.
    (2) The request shall be in writing and filed before February 28, 2015.
    (3) The Board shall consider and render a decision on the request within 45 days of receiving the written request.
    (4) On a case-by-case basis, the Board may grant a one-time extension for no more than 6 months if the Board determines that:
    (a) Failure to fulfill the licensure requirements is clearly a result of:
    (i) Functional impairment;
    (ii) Prolonged and serious illness;
    (iii) Mandatory military service or deployment;
    (iv) A prolonged absence from the United States;
    (v) An officially declared disaster; or
    (vi) Other exceptional circumstances beyond the control of the applicant;
    (b) The applicant readily and appropriately attempted to meet the requirements;
    (c) The applicant provides documentation substantiating the basis of the request, as determined by the Board; and
    (d) The applicant submits a plan for completing the requirements.
    (5) The Board shall deny the request for an extension for failure to comply with §C (4) of this regulation.
    (6) The Board shall deny any request filed after February 28, 2015.]
    .08 Continuing Education.
    A. (text unchanged)
    B. Requirements.
    (1) (text unchanged)
    (2) The Board shall recognize sleep-related continuing education hours approved by one of the following organizations or any other organization recommended by the Committee and approved by the Board:
    (a)—(d) (text unchanged)
    (e) American Association for Respiratory Care; [or]
    (f) American Nursing Association; or
    (g) Board of Registered Polysomnographic Technologists
    C. (text unchanged)
    VAN T. MITCHELL
    Secretary of Health and Mental Hygiene