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<regulation prefix="Regulation" num=".01" citation="COMAR 12.04.01.01" title_num="12" subtitle_num="04" chapter_num="01" heading="Definitions.">
  <paragraph num="A.">
    <text>In this chapter, the following terms have the meanings indicated.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Terms Defined.</text>
    <paragraph num="(1)">
      <text>“Academy” means a college, school, training unit, or training facility approved or certified by the Commission under this chapter to conduct police officer entrance-level training programs.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>“Application for certification (AFC)” means a form approved by the Commission that is an official record verifying that an applicant has met the applicable Commission selection standards for a position as a police officer.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Agency Head.</text>
      <paragraph num="(a)">
        <text>“Agency head” means:</text>
        <paragraph num="(i)">
          <text>A police chief, sheriff, administrator, department head, an individual in an equivalent position, or designee; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>An individual appointed, employed, or elected to manage, administer, or supervise a law enforcement agency, or a designee.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Agency head” includes a director of an academy, personnel unit, or training unit, or designee authorized to act in employment or training matters.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>“Cannabimimetic agent” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>“Certification” means the legal authority under Public Safety Article, §3-209, Annotated Code of Maryland, conferred by the Commission, authorizing an individual to exercise law enforcement powers and enforce the criminal laws of Maryland.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Commission.</text>
      <paragraph num="(a)">
        <text>“Commission” means the Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Commission” includes all references to Police Training Commission, now known as the Police Training and Standards Commission.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(7)">
      <text>Controlled Dangerous Substance.</text>
      <paragraph num="(a)">
        <text>“Controlled dangerous substance”, unless specified otherwise, has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Controlled dangerous substance”, unless specified otherwise, includes substances identified under Criminal Law Article, §5-708, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(c)">
        <text>“Controlled dangerous substance” does not include medication supported by prescription if used, received, or distributed without criminal intent and for legitimate medical purposes.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(8)">
      <text>“Deputy Director” means the Deputy Director of the Police and Correctional Training Commissions, or a designee.</text>
    </paragraph>
    <paragraph num="(9)">
      <text>“Executive Director” means the Executive Director of the Police and Correctional Training Commissions, or a designee.</text>
    </paragraph>
    <paragraph num="(10)">
      <text>“First-line administrator” means a police officer promoted to a position that is designated by the law enforcement agency as exercising first-line administrative powers as defined under Public Safety Article, §3-215, Annotated Code of Maryland, for police administrator.</text>
    </paragraph>
    <paragraph num="(11)">
      <text>“First-line supervisor” means a police officer promoted to a position that is designated by the law enforcement agency as exercising first-line supervisory powers as defined under Public Safety Article, §3-215, Annotated Code of Maryland, for police supervisor.</text>
    </paragraph>
    <paragraph num="(12)">
      <text>Law Enforcement Agency.</text>
      <paragraph num="(a)">
        <text>“Law enforcement agency” has the meaning stated under Public Safety Article, §3-201, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Law enforcement agency” includes a training or personnel unit authorized to act in training or employment matters.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(13)">
      <text>Marijuana.</text>
      <paragraph num="(a)">
        <text>“Marijuana” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>“Marijuana” does not include:</text>
        <paragraph num="(i)">
          <text>Synthetic cannabinoids; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Cannabimimetic agents.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(14)">
      <text>Mental Health Professional.</text>
      <paragraph num="(a)">
        <text>“Mental health professional” means an individual who is certified by the appropriate health occupations board, as provided by the Health Occupations Article, §1-102, Annotated Code of Maryland, and licensed to practice:</text>
        <paragraph num="(i)">
          <text>Medicine;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Psychology;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Clinical social work; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Clinical professional counseling.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Mental health professional”, unless specifically stated otherwise in this chapter, includes an individual referred to as a:</text>
        <paragraph num="(i)">
          <text>Psychiatrist licensed to practice medicine as defined in Health Occupations Article, §14-101, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Psychologist licensed to practice psychology as defined in Health Occupations Article, §18-101, Annotated Code of Maryland;</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Licensed certified social worker-clinical authorized to practice clinical social work as defined in Health Occupations Article, §19-101, Annotated Code of Maryland; or</text>
        </paragraph>
        <paragraph num="(iv)">
          <text>Certified professional counselor licensed to practice clinical professional counseling as defined in Health Occupations Article, §17-101, Annotated Code of Maryland.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(15)">
      <text>“Motorcycle” has the meaning stated in Transportation Article, §11-136, Annotated Code of Maryland, and is designated as an emergency vehicle in accordance with Transportation Article, §11-118(1), Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(16)">
      <text>“Narcotic drug” has the meaning stated in Criminal Law Article, §5-101, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(17)">
      <text>Nonofficer Status.</text>
      <paragraph num="(a)">
        <text>“Nonofficer status” means a situation in which a police officer, who continues to be employed by a law enforcement agency, is temporarily relieved of law enforcement powers by the law enforcement agency:</text>
        <paragraph num="(i)">
          <text>For medical or administrative reasons that prevent the officer from completing Commission-required training; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>For the purpose of suspending Commission-required training.</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>“Nonofficer status” does not affect the officer's certification or eligibility for certification or recertification.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(18)">
      <text>“Police officer” has the meaning stated in Public Safety Article, §3-201, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(19)">
      <text>Probationary Period.</text>
      <paragraph num="(a)">
        <text>“Probationary period” has the meaning stated in Public Safety Article, §3-215, Annotated Code of Maryland, for probationary appointment.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>"Probationary period' does not relate to or restrict a probationary period that may be imposed by the hiring agency.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(20)">
      <text>“Provisional certification” means the probationary appointment of an individual as a police officer under Public Safety Article, §3-215, Annotated Code of Maryland.</text>
    </paragraph>
    <paragraph num="(21)">
      <text>“Psychological evaluation” means:</text>
      <paragraph num="(a)">
        <text>The administration of an assessment instrument with documented reliability, validity, and other empirical evidence intended to measure, at a minimum, an individual’s integrity, ethics, and interpersonal communication skills; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An in-person interview performed by a mental health professional as defined in this regulation.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(22)">
      <text>“Supplemental information” means information in the possession of a law enforcement agency, or that becomes known to the Commission, concerning an individual who is a police officer or an applicant for certification as a police officer that indicates the individual:</text>
      <paragraph num="(a)">
        <text>May not have the ability to perform the duties of a police officer;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>May not meet a qualification for the police officer selection standards under this chapter;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Has exhibited behavior reflecting a lack of honesty or integrity; or</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Has separated from employment:</text>
        <paragraph num="(i)">
          <text>Involuntarily; or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Prior to issues being resolved that are related to the individual’s eligibility to continue the employment.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(23)">
      <text>“Synthetic cannabinoid” means a human-made psychoactive substance or cannabimimetic agent that is a liquid that can be vaporized or inhaled, applied to a dry material such as shredded plant material or paper so that it can be smoked, or consumed with or without food or drink.</text>
    </paragraph>
    <paragraph num="(24)">
      <text>“Temporary certification” means a time-limited provisional certification authorized by the Commission for a previously certified applicant for recertification when that applicant:</text>
      <paragraph num="(a)">
        <text>Is employed by another law enforcement agency within 90 days of separation in good standing from the previous law enforcement agency; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Meets applicable Commission standards.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(25)">
      <text>“Truth verification device” means electronic equipment or technology designed and validated to test the veracity of an individual's statements or answers to questions by analyzing the physical reaction of the individual providing the statement or answering questions.</text>
    </paragraph>
  </paragraph>
</regulation>