Md. Code Regs. 12.04.01.01

Current through Register Vol. 51, No. 10, May 17, 2024

Section 12.04.01.01 - Definitions

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

B. Terms Defined.

(1) "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.

(2) "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.

(3) Agency Head.

(a) "Agency head" means:

(i) A police chief, sheriff, administrator, department head, an individual in an equivalent position, or designee; or

(ii) An individual appointed, employed, or elected to manage, administer, or supervise a law enforcement agency, or a designee.

(b) "Agency head" includes a director of an academy, personnel unit, or training unit, or designee authorized to act in employment or training matters.

(4) "Cannabimimetic agent" has the meaning stated in Criminal Law Article, § 5-101, Annotated Code of Maryland.

(5) "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.

(6) Commission.

(a) "Commission" means the Police Training and Standards Commission or a representative authorized to act on behalf of the Commission.

(b) "Commission" includes all references to Police Training Commission, now known as the Police Training and Standards Commission.

(7) Controlled Dangerous Substance.

(a) "Controlled dangerous substance", unless specified otherwise, has the meaning stated in Criminal Law Article, § 5-101, Annotated Code of Maryland.

(b) "Controlled dangerous substance", unless specified otherwise, includes substances identified under Criminal Law Article, § 5-708, Annotated Code of Maryland.

(c) "Controlled dangerous substance" does not include medication supported by prescription if used, received, or distributed without criminal intent and for legitimate medical purposes.

(8) "Deputy Director" means the Deputy Director of the Police and Correctional Training Commissions, or a designee.

(9) "Executive Director" means the Executive Director of the Police and Correctional Training Commissions, or a designee.

(10) "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.

(11) "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.

(12) Law Enforcement Agency.

(a) "Law enforcement agency" has the meaning stated under Public Safety Article, § 3-201, Annotated Code of Maryland.

(b) "Law enforcement agency" includes a training or personnel unit authorized to act in training or employment matters.

(13) Marijuana.

(a) "Marijuana" has the meaning stated in Criminal Law Article, § 5-101, Annotated Code of Maryland.

(b) "Marijuana" does not include:

(i) Synthetic cannabinoids; or

(ii) Cannabimimetic agents.

(14) Mental Health Professional.

(a) "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:

(i) Medicine;

(ii) Psychology;

(iii) Clinical social work; or

(iv) Clinical professional counseling.

(b) 'Mental health professional", unless specifically stated otherwise in this chapter, includes an individual referred to as a:

(i) Psychiatrist licensed to practice medicine as defined in Health Occupations Article, § 14-101, Annotated Code of Maryland;

(ii) Psychologist licensed to practice psychology as defined in Health Occupations Article, § 18-101, Annotated Code of Maryland;

(iii) Licensed certified social worker-clinical authorized to practice clinical social work as defined in Health Occupations Article, § 19-101, Annotated Code of Maryland; or

(iv) Certified professional counselor licensed to practice clinical professional counseling as defined in Health Occupations Article, § 17-101, Annotated Code of Maryland.

(15) "Narcotic drug" has the meaning stated in Criminal Law Article, § 5-101, Annotated Code of Maryland.

(16) Nonofficer Status.

(a) "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:

(i) For medical or administrative reasons that prevent the officer from completing Commission-required training; or

(ii) For the purpose of suspending Commission-required training.

(b) "Nonofficer status" does not affect the officer's certification or eligibility for certification or recertification.

(17) "Police officer" has the meaning stated in Public Safety Article, § 3-201, Annotated Code of Maryland.

(18) Probationary Period.

(a) "Probationary period" has the meaning stated in Public Safety Article, § 3-215, Annotated Code of Maryland, for probationary appointment.

(b) "Probationary period' does not relate to or restrict a probationary period that may be imposed by the hiring agency.

(19) "Provisional certification" means the probationary appointment of an individual as a police officer under Public Safety Article, § 3-215, Annotated Code of Maryland.

(20) "Temporary certification" means a time-limited provisional certification authorized by the Commission for a previously certified applicant for recertification when that applicant:

(a) Is employed by another law enforcement agency within 90 days of separation in good standing from the previous law enforcement agency; and

(b) Meets applicable Commission standards.

(21) 'Psychological evaluation means:

(a) 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

(b) An in-person interview performed by a mental health professional as defined in this regulation.

(22) "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:

(a) May not have the ability to perform the duties of a police officer;

(b) May not meet a qualification for the police officer selection standards under this chapter;

(c) Has exhibited behavior reflecting a lack of honesty or integrity; or

(d) Has separated from employment:

(i) Involuntarily; or

(ii) Prior to issues being resolved that are related to the individual's eligibility to continue the employment.

(23) "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.

(24) "Temporary certification" means a time-limited provisional certification authorized by the Commission for a previously certified applicant for recertification when that applicant:

(a) Is employed by another law enforcement agency within 90 days of separation in good standing from the previous law enforcement agency; and

(b) Meets applicable Commission standards.

(25) "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.

Md. Code Regs. 12.04.01.01

Regulation .01 amended effective November 22, 1982 (9:23 Md. R. 2260); December 31, 1984 (11:26 Md. R. 2279)
Regulation .01A amended effective October 12, 1981 (8:20 Md. R. 1636); March 14, 1983 (10:5 Md. R. 465); October 10, 1983 (10:20 Md. R. 1788); August 13, 1984 (11:16 Md. R. 1392); May 5, 1986 (13:9 Md. R. 1031); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Regulation .01B amended effective October 10, 1983 (10:20 Md. R. 1788); May 5, 1986 (13:9 Md. R. 1030); May 5, 1986 (13:9 Md. R. 1031); November 12, 1990 (17:22 Md. R. 2657); January 1, 1992 (18:22 Md. R. 2397); June 7, 1993 (20:11 Md. R. 915)
Regulations.01 adopted effective August 25, 1997 (24:17 Md. R. 1215)
Regulations.01, amended as an emergency provision effective August 25, 1997 (24:19 Md. R. 1336); amended permanently effective February 9, 1998 (25:3 Md. R. 146)
Regulation .01 amended effective July 1, 2000 (27:10 Md. R. 966)
Regulation .01B amended effective September 12, 2005 (32:18 Md. R. 1520)
Regulation .01B amended effective 40:23 Md. R. 1935, eff.1/1/2013 ; amended effective 43:2 Md. R. 128, eff.2/1/2016; amended effective 44:11 Md. R. 525, eff. 6/5/2017; amended effective 46:18 Md. R. 774, eff. 10/1/2019; amended effective 49:8 Md. 500, eff. 4/18/2022