Md. Code Regs. 12.10.01.22

Current through Register Vol. 51, No. 22, November 1, 2024

Section 12.10.01.22 - Prior Substance Abuse by Applicants for Certification

A. This regulation:

(1) Except as provided under §A(2) of this regulation, applies to an applicant; and

(2) Does not apply to:

(a) An individual currently employed in a correctional unit and certified by the Commission as a mandated employee; or

(b) Except as provided under §B(1)(b) of this regulation, an addictions counselor.

B. General Policy.

(1) The Commission may disqualify an applicant for certification in a mandated position if the applicant:

(a) Has manifested unacceptable character traits, judgment, behavior, or activity resulting from personal involvement in the illegal use, purchase, sale, manufacture, or distribution of a controlled dangerous substance; or

(b) Was found guilty or convicted of a misdemeanor or felony for the purchase sale, manufacture, or distribution of a controlled dangerous substance.

(2) In accordance with the criteria and timeframes specified in §C of this regulation the Commission may not certify an applicant in a mandated position if there is an indication that the applicant:

(a) Unlawfully obtained or used a controlled dangerous substance; or

(b) Used a controlled dangerous substance in a manner not prescribed by the applicant's doctor that resulted in dependence, abuse, or habitual use.

(3) A correctional unit may set more restrictive standards than those specified in this regulation.

C. Prior and Current Use Criteria.

(1) The Commission may not certify an applicant to a mandated position if the applicant has, within the:

(a) 12-month period immediately preceding the date of hire, unlawfully, according to Maryland law, used natural cannabis or natural cannabinoids; or

(b) 3 years immediately preceding the date of the hire, unlawfully used one or more of the following controlled dangerous substances:

(i) Amphetamines;

(ii) Barbiturates;

(iii) Benzodiazepines;

(iv) Cannabimimetic agents and synthetic cannabinoids;

(v) Cocaine or a cocaine metabolite;

(vi) Hallucinogens including but not limited to PCP, LSD, and mescaline and their derivatives;

(vii) Inhalants including but not limited to solvents, glue, paint, aerosols, and amyl nitrates;

(viii) Opiates including but not limited to opium, heroin, morphine, and codeine;

(ix) Natural or synthetic anabolic steroids; or

(x) Except for §C(1)(a) of this regulation, any other substance prohibited by federal or State law.

(2) The Commission may certify an applicant to a mandated position if the applicant was lawfully prescribed a controlled dangerous substance listed under §C(1) of this regulation and its use has:

(a) Not resulted in the applicant's habitual use or becoming a drug dependent person; and

(b) Not affected the applicant's fitness to fulfill the responsibilities of the mandated position.

(3) The Commission may certify an applicant to a mandated position if the applicant's unlawful use of:

(a) Natural cannabis or natural cannabinoids preceded the applicant's date of the hire by 12 or more months; or

(b) A controlled dangerous substance listed in §C(1)(b) of this regulation preceded the applicant's date of hire by 3 or more years.

(4) As a condition of being granted certification by the Commission under §C(3) of this regulation, an applicant shall agree to complete an annual drug test to be scheduled at the discretion of the employing agency during each of the 2 years following the applicant's date of certification.

(5) An employing agency that conditionally hires an applicant under §C(4) of this regulation may require an applicant to submit to the employing agency's drug testing procedures for suspicion of substance use during the 2 years following certification or as part of the employing agency's procedures for random drug testing of its employees.

(6) If certification is granted to an applicant who qualifies under §C(2) or (3) of this regulation, the employing agency shall notify the applicant of the additional minimum drug testing requirement.

D. Indication of Use.

(1) The employing agency shall investigate and report the results of an investigation to the Commission with the application for certification, if a background investigation, polygraph examination, interview, drug screening, or other process indicates an applicant's prior or current use of a controlled dangerous substance as specified in §C this regulation.

(2) If the reported outcome of an investigation indicates that an applicant's current or prior use of a controlled dangerous substance as specified in §C of this regulation is or was:

(a) Lawful, the employing agency shall obtain proper medical documentation from a licensed health care professional; or

(b) Unlawful, the employing agency shall determine whether the applicant's use occurred within the timeframes specified in §C(1)(a) and (b) of this regulation.

(3) If the employing agency determines that an applicant's use of a controlled dangerous substance occurred prior to the timeframes specified in §C(1) of this regulation, the employing agency may proceed with the application for certification.

(4) The employing agency shall evaluate an applicant's use of a lawfully prescribed controlled dangerous substance as specified in §C of this regulation to determine whether the applicant is currently a drug dependent person or is medically unfit to perform the duties of a mandated position.

(5) The employing agency may apply to the Commission for certification in the mandated position if there is no indication of moral turpitude, no evidence that the applicant is a drug dependent person, and the applicant is medically fit to perform the duties of the mandated position.

(6) Upon review of the employing agency's evaluation, the Commission may not certify an applicant if the employing agency found an indication of moral turpitude, evidence that the applicant is a drug dependent person, or the applicant is medically unfit to perform the duties of the mandated position.

(7) An employing agency shall maintain records and documentation of an applicant's prior or current use, dependence on, or legitimate medical use of a controlled dangerous substance as specified in this regulation, and the records and documents are subject to audit by the Commission.

E. Requesting a Waiver.

(1) A correctional unit may request a waiver under Regulation .19 of this chapter of any provisions of this regulation.

(2) The Commission shall consider a waiver requested for an individual on a case-by-case basis at a regularly scheduled meeting.

Md. Code Regs. 12.10.01.22

Regulation .22 adopted effective January 1, 2004 (30:19 Md. R. 1333)
Regulation .22A amended effective November 16, 2009 (36:23 Md. R. 1817); amended effective 43:24 Md. R. 1351, eff. 1/1/2017; amended effective 48:13 Md. R. 509, eff. 7/1/2021; amended effective 49:24 Md. R. 1019-1040, eff. 11/28/2022; amended effective 51:17 Md. R. 777, eff. 9/2/2024.