# COMAR Title 10 — Maryland Department of Health

## Subtitle 25 — Maryland Health Care Commission

### Chapter 02 — User Fee Assessment on Health Care Practitioners

**Authority:** Health-General Article, §19-111, Annotated Code of Maryland

**Administrative History:** Effective date: June 6, 1994 (21:11 Md. R. 951)

**Administrative History:** Regulation .01B amended effective August 21, 2000 (27:16 Md. R. 1524); April 11, 2005 (32:7 Md. R. 681)

**Administrative History:** Regulation .02 amended effective March 18, 2002 (29:5 Md. R. 503); April 11, 2005 (32:7 Md. R. 681)

**Administrative History:** Regulation .02C amended effective August 21, 2000 (27:16 Md. R. 1524); April 20, 2009 (36:8 Md. R. 596); July 22, 2013 (40:14 Md. R. 1175); May 22, 2017 (44:10 Md. R. 473)

**Administrative History:** Regulation .03 adopted effective March 18, 2002 (29:5 Md. R. 503)

#### Regulation .01 Definitions.

*COMAR 10.25.02.01*

A. In this chapter, the following terms have the meanings indicated:

B. Terms Defined.

  (1) “Affected licensing board” means a licensing board of which all licensees are required by the Commissioner to pay a user fee.

  (2) “Commission” means the Maryland Health Care Commission.

  (3) “Health care practitioner” has the meaning stated in Health-General Article, §19-111, Annotated Code of Maryland.

  (4) “Licensing board” means a unit within the Maryland Department of Health that regulates health care practitioners by the issuance and renewal of licenses to practice a health care profession.

  (5) “User fee” means the amount set forth in the fee schedule that each assessed health care practitioner pays as part of a license renewal fee.

#### Regulation .02 Method of User Fee Assessment.

*COMAR 10.25.02.02*

A. The Commission annually shall identify the health care practitioners to be assessed a user fee.

B. Based on the Commission budget, the Commission shall establish a fee schedule which sets forth the fee that each health care practitioner shall pay as part of the renewal fee required to be paid to an affected licensing board.

C. The formula the Commission shall use to calculate the fee set forth in the fee schedule is 16 percent of the total assessed fees per fiscal year divided by the number of health care practitioners identified pursuant to §A of this regulation.

D. The Commission shall provide the affected licensing boards with the fee schedule within sufficient time for the user fee to be included in the license renewal billing cycle.

#### Regulation .03 Waiver of the Fee Assessment Requirements.

*COMAR 10.25.02.03*

A. The Commission shall identify the average annual wage for health care practitioners by using comparable classifications in the State Classification and Salary Compensation Plan.

B. The Commission shall determine the average annual wage by utilizing a salary range based on compensation from lowest to highest for each health care practitioner.

C. The Commission shall waive the assessment for a health care practitioner whose average annual wage is substantially below that of other health care practitioners.