Sec. 10.14.01.02. Definitions

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

B. Terms Defined.

(1) "Assisted living program" has the meaning stated in COMAR 10.07.14.02B.

(2) "Cancer registry" means a computerized system to register all cases of reportable human cancer or reportable human central nervous system (CNS) tumors of Maryland residents and nonresidents diagnosed or treated in Maryland.

(3) "Cancer report" means a one-time abstract from one or more of the following documents maintained by a reporting facility, nursing facility, assisted living program, or general hospice care program of each new case of reportable human cancer or CNS tumor diagnosed or treated, and any other case of reportable human cancer or CNS tumor initially diagnosed or treated for time periods as designated by the Secretary:

(a) Medical record;

(b) Pathology report; and

(c) Radiological report.

(4) Case of a Reportable Human CNS Tumor.

(a) "Case of a reportable human CNS tumor" means an identified human tumor, irrespective of histologic type or behavior, occurring as a primary tumor in any of the following sites or subsites with International Classification of Diseases for Oncology, Third Edition (ICD-O-3) topography codes C70.0-C72.9 and C75.1-C75.3:

(i) The brain;

(ii) The meninges;

(iii) The spinal cord;

(iv) The cauda equina;

(v) A cranial nerve;

(vi) The pituitary gland;

(vii) The pineal gland; or

(viii) The craniopharyngeal duct.

(b) “Case of a reportable human CNS tumor” includes all benign and uncertain behavior tumors of the CNS (ICD-10-CM Codes D18.02, D32.0—D33.9, D35.2—D35.4, D42.0—D43.9, D44.3—D44.5, Q85.00—Q85.09 and D49.6, and all tumors of the CNS of benign and uncertain behavior with ICD-O-3 codes of “0” or “1”), which includes codes from:

(i) The International Classification of Diseases, Tenth Revision, Clinical Modification (ICD-10-CM); and

(ii) The International Classification of Diseases for Oncology, Third Edition (ICD-O-3).

(5) “Case of reportable human cancer” means the identification of a human cancer from the following list, which includes codes from the International Classification of Diseases, Tenth Revision, Clinical Modification (ICD-10-CM) and the International Classification of Diseases for Oncology, Third Edition (ICD-O-3):

(a) All malignant neoplasms with ICD-10-CM Codes C00—C43.9, C44.00, C44.09, C44.10_, C44.19_, C44.20_, C44.29_, C44.30_, C44.39_, C44.40, C44.49, C44.50_, C44.59_, C44.60_, C44.69_, C44.70_, C44.79_, C44.80, C44.89, C44.90, C44.99, C45._—C96._, or with ICD-O-3 behavior code of “3”, including genital skin cancer of the vagina, clitoris, vulva, prepuce, penis, and scrotum and excluding other sites of skin cancer with ICD-O-3 topography codes C44.0—C44.9 with one of the following ICD-O-3 histologies:

(i) M-8000-8005 Neoplasms, malignant, not otherwise specified of skin;

(ii) M-8010-8046 Epithelial carcinomas of skin;

(iii) M-8050—8084 Papillary and squamous cell carcinomas of skin (C44.02, C44.12_, C44.22_, C44.32_, C44.42, C44.52_, C44.62_, C44.72_, C44.82, C44.92); or

(iv) M-8090—8110 Basal cell carcinomas (C44.01, C44.11_, C44.21_, C44.31_, C44.41, C44.51_, C44.61_, C44.71_, C44.81, C44.91);

(b) All malignant neoplasms with the following ICD-10-CM codes where ICD-O-3 behavior is “3” and ICD-O-3 histologies are reported except as follows:

(i) If there is evidence of multiple foci, lymph node involvement, or metastasis, C37—Thymoma (M-8580);

(ii) C7A.020—Malignant carcinoid tumor of the appendix (M-8240);

(iii) C54.1—Endometrial stroma, low grade (M-8931);

(iv) If there is evidence of multiple foci, lymph node involvement, or metastasis, D48.1—Stromal Tumor of the digestive system (GIST 8639);

(v) D48.60—Phylloides tumor (M-9020);

(vi) D45—Polycythema (M-9950);

(vii) D47.Z9—Plasmacytoma (M-9731, M-9734);

(viii) D47.3—Essential thrombocythemia (M-9962), D46.0, D46.1, D46.20, D46.21, D46A, D46B—Low grade myelodysplastic syndrome lesions (M-9980), D46.22—High grade myelodysplastic syndrome lesions (M-9983), D46.C—Myelodysplastic syndrome with 5q deletion (M-9986), D469—Myelodysplastic syndrome, unspecified (M-9975), D47.1—Myelofibrosis with myeloid metaplasia (primary myelofibrosis) (M-9961), D47.Z1—post-transplant lymphoproliferative disorder (M-9989), C94.40, C94.41, C94.42, D47.9, D47.Z9—lympho and myeloproliferative disease (M-9960, M-9970);

(ix) C88.2—Alpha and gamma heavy chain disease (M-9762) or Franklin disease (M-9763);

(x) C88.0—Waldenstrom macroglobulinemia (M-9761);

(xi) D46.4—Refractory anemia (M-9980); or

(xii) D46.1—Refractory anemia with ringed sideroblasts (M-9982), refractory anemia with excess blasts (M-9983), or refractory anemia with excess blasts in transformation (M-9984);

(c) All cases of carcinoma in situ with ICD-10-CM Codes D00._—D09.9, D47.Z2, D49.511—D49.519, D49.59, D78.31—D78.34, and D89.40—D89.49, or with ICD-O-3 behavior code of “2”, including genital skin cancers of the vagina, clitoris, vulva, prepuce, penis, and scrotum and excluding other skin cancers with ICD-O-3 topography codes C44.0_—C44.9_ with one of the following ICD-O-3 histologies:

(i) M-8000-8005 Neoplasms, malignant, not otherwise specified of skin;

(ii) M-8010-8046 Epithelial carcinomas of skin;

(iii) M-8050-8084 Papillary and squamous cell carcinomas of skin; and

(iv) M-8090-8110 Basal cell carcinomas; or

(d) All cases of intraepithelial neoplasia with ICD-O-3 histology code of M-8077/2:

(i) Including squamous intraepithelial neoplasia of the larynx (LIN), vagina (VAIN), vulva (VIN), and anus (AIN) (ICD-10-CM codes D02.0, D07.2, D07.1, and D01.3; and ICD-O-3 topography codes C52, C51, and C21._); and

(ii) Excluding squamous intraepithelial neoplasia of the cervix (CIN III) and glandular intraepithelial neoplasia of the prostate (PIN) (ICD-10-CM codes D06._ and D07.5; and ICD-O-3 topography codes C53 and C61.9).

(6) "Computerized file" means an electronic data file using software approved for use by the Secretary, containing complete cancer report information transferable to a master electronic database system maintained by the Department.

(7) "Department" means the Maryland Department of Health or a designee.

(8) "Freestanding ambulatory care facility" has the meaning stated in Health-General Article, §19-3B-01, Annotated Code of Maryland.

(9) "Freestanding laboratory" means a facility, place, establishment, or institution which performs a laboratory examination for a person, authorized by law to request the examination, in connection with the diagnosis of a reportable human cancer or CNS tumor, and is licensed by the State pursuant to COMAR 10.10.03, and:

(a) Not under the administrative control of a hospital; or

(b) Under the administrative control of a hospital for a diagnosis of reportable human cancer or CNS tumor of a nonhospitalized patient.

(10) “General hospice care program” has the meaning stated in COMAR 10.07.21.02.

(11) "Hospital" means a facility which is licensed by the State pursuant to COMAR 10.07.01.

(11-1) “Maryland Cancer Registry Data Use Manual and Procedures” means the document that describes the Maryland cancer registry procedures for release of cancer data and that outlines the procedures to obtain both non-confidential aggregate data and confidential individual-level data.

(12) "Nursing facility" has the meaning stated in COMAR 10.07.02.01B.

(13) "Physician" means an individual who:

(a) Practices medicine, as defined in Health Occupations Article, §14-101, Annotated Code of Maryland; and

(b) Diagnoses or treats a case of reportable human cancer or a reportable human CNS tumor at a practice located in Maryland.

(14) "Reporting facility" means any of the following:

(a) A hospital, freestanding laboratory, freestanding ambulatory care facility, or therapeutic radiological center; or

(b) A physician who has care of or has diagnosed a case of reportable human cancer or reportable human CNS tumor for a nonhospitalized patient not otherwise reported.

(15) "Secretary" means the Secretary of Health or a designee of the Secretary.

(16) "Therapeutic radiological center" means a facility or institution:

(a) Performing radiological treatment for a person authorized by law to request the treatment in connection with a reportable human cancer or a reportable human CNS tumor; and

(b) Licensed or registered by the State pursuant to COMAR 10.05.03 and not under the administrative control of a hospital.