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    Maryland Register
    Issue Date:  September 30, 2016
    Volume 43 • Issue 20 • Page 1116
    Title 10
    10.40.02 Licensing and Continuing Education Requirements
    Authority: Health Occupations Article, §§16–205(a), 16–301, 16–302(h),
    16–303(a), 16–307, 16–308, and 16–311(28), Annotated Code of Maryland
    Notice of Proposed Action
    The Secretary of Health and Mental Hygiene proposes to amend Regulation .03 under COMAR 10.40.02 Licensing and Continuing Education Requirements. This action was considered at a public meeting on July 14, 2016, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/mbpme/Pages/index.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
    Statement of Purpose
    The purpose of this action is to require applicants for initial licensure to submit to a criminal history records check as part of the application process as required by Health Occupations Article, §16–302.1, Annotated Code of Maryland. In addition, this proposal will prohibit the Board from issuing an initial license until the criminal history records check information has been received.
    Comparison to Federal Standards
    There is no corresponding federal standard to this proposed action.
    Estimate of Economic Impact
    I. Summary of Economic Impact. Applicants for initial licensure would be required to submit to a criminal history records check, which costs $32 — $52, depending on where the check is performed. The fee for the check goes to CJIS, within the Department of Public Safety and Correctional Services, not to the Board.
    Revenue (R+/R-)
    II. Types of Economic Impact.
    Expenditure (E+/E-)

    A. On issuing agency:
    B. On other State agencies:
    C. On local governments:
    Benefit (+)
    Cost (-)

    D. On regulated industries or trade groups:
    E. On other industries or trade groups:
    F. Direct and indirect effects on public:
    III. Assumptions. (Identified by Impact Letter and Number from Section II.)
    B. and D. The Board cannot estimate how many people will apply for initial licensure or exactly how much they will pay for the check, as the cost varies depending on where the check is performed.
    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 October 31, 2016. A public hearing has not been scheduled.
    .03 Initial Licensing and License Renewal.
    A. Initial Licensing.
    (1) To qualify for licensure, an applicant shall:
    (a) Meet all of the requirements as identified in Health Occupations Article, §§16-302—16-305, Annotated Code of Maryland, including submit to a State and national criminal history records check in accordance with Health Occupations Article, §16–302.1, Annotated Code of Maryland; and
    (b) (text unchanged)
    (2) (text unchanged)
    (3) The Board may not issue a license if the criminal history record information required under Health Occupations Article, §16–302.1, Annotated Code of Maryland, has not been received.
    B.—D. (text unchanged)
    Secretary of Health and Mental Hygiene