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REGS : 10.26.01 Fee Schedule and 10.26.02 General Regulations (ACUPUNTURE BOARD)

 

 Content Editor

 
PROPOSAL
Maryland Register
Issue Date:  May 17, 2013 
Volume 40, Issue 10, Pages 929—930
 
Title 10 
DEPARTMENT OF HEALTH AND MENTAL HYGIENE
Subtitle 26 BOARD OF ACUPUNCTURE
Notice of Proposed Action
[13-136-P]
 
The Secretary of Health and Mental Hygiene proposes to amend:
(1) Regulation .03 under COMAR 10.26.01 Fee Schedule; and
(2) Regulation .05 under COMAR 10.26.02 General Regulations.
This action was considered at a public meeting on January 8, 2013, notice of which was given by publication on the Board’s website at http://dhmh.maryland.gov/bacc/SitePages/boardmeetings.aspx, pursuant to State Government Article, §10-506(c)(1), Annotated Code of Maryland.
 
Statement of Purpose
The purpose of this action is to reduce the number of continuing education credits (or CEUs) required of licensees to bring the requirements in line with national standards and to reduce costs for licensees. The proposal also repeals the requirement that licensees take a 3 CEU ethics course because this requirement duplicates a requirement to be nationally certified to practice acupuncture and also drives up CEU costs. The Board will continue to encourage licensees to take an ethics course and will continue to accept ethics courses as contributing towards the overall CEU requirement.
 
Comparison to Federal Standards
There is no corresponding federal standard to this proposed action.
 
Estimate of Economic Impact
I. Summary of Economic Impact. As a result of these proposed changes, licensees will be required to pay more in fee for initial licenses and for verifications.
 
 
Revenue (R+/R-)
 
II. Types of Economic Impact.
Expenditure
(E+/E-)
Magnitude
 

 
 
 
 
 
A. On issuing agency:
(R+)
$7,350
B. On other State agencies:
NONE
 
C. On local governments:
NONE
 

 
Benefit (+)
Cost (-)
Magnitude
 

 
 
 
 
 
D. On regulated industries or trade groups:
(-)
$7,350
E. On other industries or trade groups:
NONE
 
F. Direct and indirect effects on public:
NONE
 
III. Assumptions. (Identified by Impact Letter and Number from Section II.)
A. and D. In 2012, the Board issued 78 initial licenses and performed 50 verifications. The Board proposes to increase the fee for initial licenses by $75 and the fee for verifications by $30. Using those numbers, the following would be the revenue coming into the Board:
$75 × 78 = $5,850 increase in fees from initial licenses
$30 × 50 = $1,500 increase in fees from verifications
$5,850 + $1,500 = $7,350 increase in fees
 
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, 210 W. Preston Street, Room 512, Baltimore, Maryland 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 June 17, 2013. A public hearing has not been scheduled.
 
10.26.01 Fee Schedule
Authority: Health Occupations Article, §§1A-205, 1A-206, and 1A-302; Annotated Code of Maryland
 
.03 Fees.
The following fees are established by the Board:
A. Initial application — [$450] $525;
B.—L. (text unchanged)
M. License verification — [$20] $50; and
N. (text unchanged)
 
10.26.02 General Regulations
Authority: Health Occupations Article, §§1A-306 and 1A-307, Annotated Code of Maryland
 
.05 Term, Renewal, Reinstatement, and Inactive Status.
A.—C. (text unchanged)
D. Reinstatement. Thirty days after the expiration date of a license, a licensee whose license has expired without seeking inactive status may have the license reinstated upon meeting all of the following:
(1)—(2) (text unchanged)
(3) One of the following:
(a) Forty hours of continuing education for each renewal period the license has lapsed, not to exceed [80] 60 hours; or
(b) (text unchanged)
E. Inactive Status.
(1) (text unchanged)
(2) To reactivate a license from inactive status, the applicant shall:
(a) (text unchanged)
(b) Complete [40] 30 hours of continuing education as specified under §F of this regulation.
F. Continuing Education.
(1) A licensee applying for renewal shall complete [40] 30 hours of relevant continuing education during the 2-year period preceding the expiration of the license which include the following:
(a) At least [25] 20 hours in formally organized programs which are relevant to the practice of acupuncture and Oriental medicine and are approved by the Board or sponsored by, but not limited to, the following organizations and their member organizations:
(i)—(vii) (text unchanged)
(b) Not more than [15] 10 hours of formally organized training programs in Western science and medical practices, medical ethics, medical research, or cardiopulmonary resuscitation which are relevant to the practice of acupuncture and are sponsored by, but not limited to, organizations listed in §F(1)(a) of this regulation and the following organizations:
(i)—(viii) (text unchanged)
(c) Not more than [15] 10 hours of training in approved programs which will assist a licensee to carry out the licensee’s professional responsibilities, including, but not limited to:
(i)—(iii) (text unchanged)
(d) Not more than [15] 10 hours teaching acupuncture and related Oriental medical therapies in an accredited school or in a program approved for acupuncture continuing education;
(e) Not more than [10] 7 hours of pro bono work as outlined in §F(3) of this regulation; or
(f) Not more than [10] 7 hours in published writing or articles in acupuncture and Oriental medicine that are:
(i) (text unchanged)
(ii) Limited to [5] 4 hours per article.
[(2) Part of the 40 hours of relevant continuing education referenced in §F(1) of this regulation, shall consist of at least 3 hours in ethics or professional boundary training every 4 years. ]
[(3)] (2) Pro Bono Work.
(a) Pro bono work shall earn 1 credit hour for each 3 hours of pro bono activity up to a maximum of [10] 7 credit hours per renewal cycle.
(b)—(c) (text unchanged)
[(4) A licensee applying for reinstatement shall document evidence of 20 hours of approved continuing education for every year the individual has not been licensed by the Board as defined in §F of this regulation.]
[(5)] (3)  [(6)] (4) (text unchanged)
 
JOSHUA M. SHARFSTEIN, M.D.
Secretary of Health and Mental Hygiene