An out-of-state institution is a degree-granting institution whose primary campus exists outside Maryland, and whose authority to grant degrees is conferred by another state. Out-of-state institutions operating in Maryland must hold a Certificate of Approval.
An out-of-state institution that has ten or fewer students in a single program, placed simultaneously at one site in the State in a supervised internship, practicum, or field experience as a required part of a degree or certificate program is not operating in Maryland but shall:
(1) Submit to the Secretary, by June 30 of each year, an annual report detailing the number of students placed at internship, practicum, or field experience location; and
(2) Register any online programs in accordance with Education Article, §11-202.2, Annotated Code of Maryland.The Code of Maryland Regulations outlines the requirements for out-of-state institutions of higher education operating or seeking to operate in Maryland. Out-of-state degree-granting institutions wishing to operate in Maryland must:
Activities constituting ‘Operate in Maryland’Pursuant to COMAR 13B.02.01.03B(12)(a)(i), ‘Operate in Maryland’ means
(a) Establish or provide a location in the State for students to receive synchronous or asynchronous instruction for credit leading to a degree or certificate;
(b) Require students to physically meet in a location in the State for instructional purposes more than twice during a full-term (quarter or semester) course for a total of more than 6 hours; or
(c) Have more than ten students, in a single program, placed simultaneously at one site in the State in a supervised internship, practicum, or field experience as a required part of a degree or certificate program, unless the internship, practicum, or field experience:
i. Is arranged and administered by a national placement center;
ii. Occurs at the National Institutes of Health, The U.S. Food and Drug Administration, or other federal agency that, in the determination of the Secretary, recruits students nationwide from eligible academic programs, regardless of the student's specific institution of higher education; or
iii. In the determination of the Secretary, has de minimus contacts with Maryland and is subject to the sufficient oversight of another regulatory body or government agency.
Activities that do not constitute ‘Operate in Maryland’Pursuant to COMAR 13B.02.01.03B(12)(c) the offering of distance instruction that originates outside Maryland that involves no physical presence in the state does not require approval by the Maryland Higher Education Commission. However, please note that Maryland law requires the registration of all out-of-state fully online programs that enroll Maryland students.MHEC has determined that student placement in an internship, practicum, or residency site in Maryland through National Matching Services, Inc. (NMS) placements do not activate physical presence (‘operate in Maryland’). While out-of-state institutions might be required to register or seek approval for other reasons (e.g., enrolling Maryland residents in fully online programs or administering practicum sites in Maryland), out-of-state institutions are not required to seek approval for current students or recent graduates matched to a site in Maryland through NMS. Additional guidance is available here (PDF).
The application process
Department of Program Review and ComplianceMaryland Higher Education Commission6 N. Liberty Street, 10th FloorBaltimore, MD firstname.lastname@example.org (for electronic submissions)
6 North Liberty Street, Baltimore, MD 21201
Phone: (410) 767-3300
Toll Free: (800) 974-0203 (If calling outside of the Baltimore City area)