reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-318 - Psychologist Rehabilitation Committees

(a)    In this section, “psychologist rehabilitation committee” means a committee that:
(1)    Is defined in subsection (b) of this section; and
(2)    Performs any of the functions listed in subsection (d) of this section.
(b)    For purposes of this section, a psychologist rehabilitation committee is a committee of the Board or a committee of the Maryland Psychological Association that:
(1)    Is recognized by the Board; and
(2)    Includes but is not limited to psychologists.
(c)    A rehabilitation committee of the Board or recognized by the Board may function:
(1)    Solely for the Board; or
(2)    Jointly with a rehabilitation committee representing another board or boards.
(d)    For purposes of this section, a psychologist rehabilitation committee evaluates and provides assistance to any psychologist, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(e)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the psychologist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the psychologist rehabilitation committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the psychologist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(f)    A person who acts in good faith and within the scope of jurisdiction of the psychologist rehabilitation committee is not civilly liable for any action as a member of the psychologist rehabilitation committee or for giving information to, participating in, or contributing to the function of the psychologist rehabilitation committee.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 4 - Prohibited Acts; Penalties › Section 18-401 - Practicing Without License or Registration

(a)    Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice psychology in this State unless licensed or registered by the Board.
(b)    Each violation of this section is a separate offense.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 4 - Prohibited Acts; Penalties › Section 18-402 - Misrepresentation as Psychologist

(a)    Unless authorized to practice psychology under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice psychology in this State.
(b)    Unless authorized or permitted to do so by this title, a person may not use as a title or describe the services the person provides by use of the words “psychological”, “psychologist”, or “psychology”.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 4 - Prohibited Acts; Penalties › Section 18-404 - Penalties

(a)    A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment in jail not exceeding 1 year or both.
(b)    (1)    A person who violates § 18–401 of this subtitle is subject to a civil fine of not more than $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.
(2)    The Board shall pay any penalty collected under this subsection into the State Board of Examiners for Psychologists Fund.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 1 - Definitions; General Provisions › Section 19-102 - Legislative Policy

(a)    The General Assembly finds that the profession of social work profoundly affects the lives, health, safety, and welfare of the people of this State.
(b)    The purpose of this title is to protect the public by:
(1)    Setting minimum qualification, education, training, and experience standards for the licensing of individuals to practice social work; and
(2)    Promoting and maintaining high professional standards for the practice of social work.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 2 - State Board of Social Work Examiners › Section 19-203 - Officers

(a)    (1)    From among its members, the Board shall elect a chair, vice chair, and secretary–treasurer every 2 years.
(2)    The Board may elect other officers as necessary to fulfill the duties and responsibilities of the Board.
(b)    The Board shall determine:
(1)    The manner of election of the chair, vice chair, secretary–treasurer, and other officers; and
(2)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 2 - State Board of Social Work Examiners › Section 19-204 - Quorum; Meetings; Reimbursement; Staff; Executive Director

(a)    A majority of the appointed members of the Board is a quorum to do business.
(b)    The Board shall meet at least once a year, at the times and places that it determines.
(c)    Each member of the Board is entitled to reimbursement for expenses at a rate determined by the Board.
(d)    The Board may employ a staff in accordance with the budget of the Board.
(e)    (1)    The Board shall appoint an executive director.
(2)    The executive director:
(i)    Serves at the pleasure of the Board;
(ii)    Is the executive officer of the Board; and
(iii)    Has the powers and duties assigned by the Board.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 2 - State Board of Social Work Examiners › Section 19-205 - Miscellaneous Powers and Duties

In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:
(1)    To adopt rules and regulations to carry out the provisions of this title;
(2)    To adopt a code of ethics;
(3)    To adopt an official seal;
(4)    To hold hearings and keep records and minutes necessary for the orderly conduct of business;
(5)    To issue a list annually of all currently licensed social workers and all social workers disciplined by the Board in the past year in accordance with § 4–333 of the General Provisions Article; and
(6)    To investigate an alleged violation of this title.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 2 - State Board of Social Work Examiners › Section 19-206 - State Board of Social Work Examiners Fund -- Establishment of Fees; List of Fees; Disposition of Funds

(a)    There is a State Board of Social Work Examiners Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(2)    The fees charged shall be set to produce funds so as to approximate the cost of maintaining the Board.
(3)    The Board may set fees for the issuance and renewal of each type of license.
(4)    Funds to cover the expenses of the Board members shall be generated by fees set under this section.
(c)    An application fee may be charged by the Board.
(d)    The Board shall provide a list of the fees set under this section to each applicant for a license.
(e)    (1)    The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the State Board of Social Work Examiners Fund.
(f)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)    No other State money may be used to support the Fund.
(g)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(h)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-301 - License Required; Exceptions; Practice Without License

(a)    Except as otherwise provided in this title, an individual shall be:
(1)    Licensed by the Board before the individual may practice social work in this State while representing oneself as a social worker; or
(2)    Licensed as a certified social worker–clinical before the individual may practice clinical social work in this State.
(b)    This section does not apply to:
(1)    Subject to subsection (d) of this section, an individual employed by any agency of the federal government while performing the duties of that employment;
(2)    An individual licensed as a social worker in another state while responding to an emergency in this State;
(3)    An individual who:
(i)    Is licensed to practice social work in any other state;
(ii)    Has an application for a license pending before the Board; and
(iii)    Meets requirements established by the Board in regulations; or
(4)    A student while pursuing a supervised course of study in a social work program that is accredited or is a candidate for accreditation by the Council on Social Work Education.
(c)    An individual may not practice social work without a license under subsection (b)(3) of this section for more than 6 months.
(d)    An individual employed by an agency of the federal government who is licensed to practice social work in the State shall comply with the provisions of this title.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-302.1 - Out-of-State Applicant

To obtain a certified social worker license or a certified social worker–clinical license, an out–of–state applicant shall:
(1)    Meet the requirements of § 19–302(a) of this subtitle;
(2)    Be licensed or registered to practice social work in another state under a category of licensure that is equivalent to a certified social worker license or a certified social worker–clinical license;
(3)    Have passed an examination in that state as a condition of licensure; and
(4)    Have performed at least 1,000 hours of compensated social work practice per year for 5 years out of the 10 years preceding application to the Board.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-302.2 - Criminal History Records Check

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:
(1)    A complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(3)    The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c)    In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.
(d)    If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.
(e)    (1)    Information obtained from the Central Repository under this section:
(i)    Is confidential and may not be redisseminated; and
(ii)    May be used only for the licensing purpose authorized by this title.
(2)    In using information obtained from the Central Repository under this section to determine whether to issue a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The nature of the crime;
(iii)    The circumstances surrounding the crime;
(iv)    The length of time that has passed since the crime was committed;
(v)    Subsequent work history;
(vi)    Employment and character references; and
(vii)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(f)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-302.3 - Physical or Mental Examination of Applicants

(a)    The Board may require an applicant to submit to a behavioral health or physical examination by a health care practitioner designated by the Board if the Board:
(1)    Has reason to believe that the applicant may cause harm to the applicant or to another person;
(2)    Makes a written request for the applicant to submit to the examination;
(3)    Provides the applicant with a list of three health care practitioners from which the applicant may choose a health care practitioner to conduct the examination; and
(4)    Pays the cost of the examination.
(b)    An applicant required to submit to an examination under subsection (a) of this section shall be deemed to have:
(1)    Consented to submit to the examination; and
(2)    Waived any claim or privilege as to the examination report.
(c)    The refusal of an applicant to submit to the examination required under subsection (a) of this section shall be prima facie evidence of the applicant’s inability to practice social work competently, unless the Board finds that the refusal was beyond the control of the applicant.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-303 - Applications for Licenses

(a)    To apply for a license, an applicant shall:
(1)    Submit an application to the Board on the form that the Board requires; and
(2)    Pay to the Board the application fee set by the Board.
(b)    The Board shall:
(1)    Review each application; and
(2)    Notify each applicant whether the applicant has been approved to take the pertinent licensure examination within 60 days from the date the Board received a completed application from the applicant.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-304 - Examinations

(a)    An approved applicant is entitled to be examined for licensure as provided in this section.
(b)    The Board shall ensure that a Board–approved examination for each category of license is made available for an applicant to take at least twice a year, at the times and places that the Board determines.
(c)    The Board shall notify each approved applicant of the procedures for taking the examination.
(d)    (1)    The Board shall approve the subjects, scope, form, and passing score for each type of examination given under this subtitle.
(2)    The examinations given under this subtitle shall strive to be free of cultural bias.
(e)    (1)    The Board, by regulation, may limit:
(i)    The number of times an applicant may be reexamined after failing an examination required under this subtitle; and
(ii)    The interval between reexaminations.
(2)    If an applicant is permitted to be reexamined under paragraph (1) of this subsection, the applicant shall pay a fee to the examining body approved by the Board.
(f)    The examination shall be prepared to measure the competence of the applicant to engage in the pertinent practice of social work.
(g)    In the preparation, administration, and grading of an examination, the Board may employ, cooperate, or contract with an organization or consultant.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-306 - Maintenance of Roster of Licensees on Website; Electronic License Records

(a)    The Board shall maintain on its website a roster of all licensees who meet the requirements of this title.
(b)    The Board shall include on each electronic license record:
(1)    The category of license;
(2)    The full name of the licensee;
(3)    If the licensee is a licensed bachelor social worker or a licensed master social worker, whether the licensee is approved to engage in independent practice;
(4)    A license number;
(5)    The license status;
(6)    The expiration date;
(7)    The original date of issuance; and
(8)    If applicable, disciplinary history.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-307 - Scope of Licenses

(a)    Subject to the provisions of subsections (b) and (c) of this section, a license authorizes the licensee to practice social work while the license is in effect.
(b)    A licensed social worker may practice social work only within the scope of the specific category of license issued by the Board.
(c)    (1)    A licensed bachelor social worker may not:
(i)    Engage in independent practice unless the licensed bachelor social worker is approved by the Board to engage in independent practice in accordance with § 19–302(f) of this subtitle;
(ii)    Make a clinical diagnosis of a behavioral health or emotional disorder;
(iii)    Provide psychotherapy; or
(iv)    Engage in private practice.
(2)    A licensed master social worker may not:
(i)    Engage in independent practice unless the licensed master social worker is approved by the Board to engage in independent practice in accordance with § 19–302(f) of this subtitle;
(ii)    Treat behavioral health or emotional disorders or provide psychotherapy without the supervision of a licensed certified social worker–clinical;
(iii)    Diagnose a behavioral health disorder without the supervision of a licensed certified social worker–clinical; or
(iv)    Engage in private practice.
(3)    A licensed certified social worker may not:
(i)    Treat behavioral health or emotional disorders or provide psychotherapy without the supervision of a licensed certified social worker–clinical;
(ii)    Diagnose a mental disorder without the supervision of a licensed certified social worker–clinical; or
(iii)    Engage in private practice.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-310 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license, a licensed social worker may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the social worker.
(b)    The Board may set conditions on its agreement with the social worker under investigation or against whom charges are pending to accept surrender of the social worker’s license.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-311.1 - Fines

(a)    If after a hearing under § 19–312 of this subtitle the Board finds that there are grounds under § 19–311 of this subtitle to reprimand a licensee, place a licensee on probation, or suspend or revoke a license, the Board may impose a fine on the licensee in an amount not exceeding $10,000:
(1)    Instead of reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker’s license; or
(2)    In addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the social worker’s license.
(b)    The Board shall adopt regulations to set standards for the imposition of fines under this section.
(c)    The Board shall pay any fine collected under this section into the General Fund.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-312 - Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 19-311 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
(d)    If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
(e)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
(f)    If, after a hearing, an individual is found in violation of § 19-311 of this subtitle, the individual shall pay the costs of the hearing as specified in a regulation adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-313 - Review

(a)    Except as provided in this section for an action under § 19–311 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    Any person aggrieved by a final decision of the Board under § 19–311 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-314 - Reinstatement of Licenses

If a license has been suspended or revoked under § 19–311 of this subtitle, the Board may reinstate that license only in accordance with:
(1)    The terms and conditions of the order of suspension or revocation; or
(2)    An order of reinstatement issued by the Board.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-315 - Social Worker Rehabilitation Committees

(a)    In this section, “social worker rehabilitation process” means a process that may include the evaluation and provision of assistance or the provision of information and resources to a licensee in need of treatment and rehabilitation for:
(1)    Alcoholism;
(2)    Substance abuse or dependency; or
(3)    Other physical, emotional, or behavioral health conditions.
(b)    The social worker rehabilitation process of the Board may function to assist persons referred:
(1)    Solely by the Board;
(2)    Jointly with a rehabilitation committee representing another board or boards; or
(3)    By the licensee.
(c)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files related to the social worker rehabilitation process are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated as a result of the social worker rehabilitation process.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered in the social worker rehabilitation process and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(d)    A person who acts in good faith and within the scope of jurisdiction of the Board is not civilly liable for any action relating to the social worker rehabilitation process or for giving information to, participating in, or contributing to the administration of the social worker rehabilitation process.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-316 - Injunctive Relief

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of social work; or
(2)    Conduct that is a ground for disciplinary action under § 19-311 of this subtitle.
(b)    An action under this section may be brought by:
(1)    The Board, in its own name;
(2)    The Attorney General, in the name of the State; or
(3)    A State’s Attorney, in the name of the State.
(c)    An action under this section shall be brought in the county where the defendant:
(1)    Resides; or
(2)    Engages in the act sought to be enjoined.
(d)    Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
(e)    An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of social work under § 19-401 of this title or disciplinary action under § 19-311 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-316.1 - Cease and Desist Order or Injunction

The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 19–301 of this subtitle or §§ 19–401 through 19–403 of this title.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-317 - Investigation and Examination

(a)    While investigating an allegation against a licensee under this title, the Board may require the licensee to submit to an appropriate examination by a health care provider designated by the Board if the Board has reason to believe that the licensee may cause harm to self or others.
(b)    In return for the privilege given to a licensee to practice social work in the State, the licensee is deemed to have:
(1)    Consented to submit to an examination under this section, if requested by the Board in writing; and
(2)    Waived any claim of privilege as to the testimony or report of a health care provider who examines the licensee.
(c)    The failure or refusal of the licensee to submit to an examination required under this section is prima facie evidence of the licensee’s inability to practice social work competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.
(d)    The Board shall pay the cost of any examination made under this section.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 3 - Licensing › Section 19-318 - Disclosures

(a)    Before a licensee in a private individual, partnership, or group practice provides social work services to a client, the licensee shall provide to the client the following disclosures:
(1)    The licensee’s professional identity;
(2)    The services which are or may be provided by the licensee and the fees for each service or the hourly rate; and
(3)    Sufficient information for a patient to give informed consent regarding the nature of the services to be provided.
(b)    The manner of providing these disclosures shall be as follows:
(1)    The licensee’s professional identity may be provided by directing the client to the license verification section on the Board’s website;
(2)    The licensee’s services and fees may be provided by documented discussion or printed fee schedule; and
(3)    Informed consent may be provided by documented discussion or a written form signed by the client which is kept in the client’s file.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 4 - Prohibited Acts; Penalties › Section 19-401 - Practicing Without License

(a)    Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice social work in this State while representing oneself to be a social worker unless licensed by the Board.
(b)    Except as otherwise provided in this title, a person may not practice, attempt to practice, or offer to practice clinical social work in this State unless licensed by the Board as a certified social worker-clinical.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 4 - Prohibited Acts; Penalties › Section 19-402 - Misrepresentation

Unless authorized to practice social work under this title, a person may not:
(1)    Represent to the public that the person is a licensed social worker; or
(2)    Use any title, abbreviation, sign, card, or other representation that the person is a licensed social worker, including the use of the words “social worker” or “social work” and the use of the abbreviations “LBSW”, “LMSW”, “LCSW”, or “LCSW–C”.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 4 - Prohibited Acts; Penalties › Section 19-403 - Using License of Another Individual; Impersonating Licensed Social Worker

A person may not intentionally:
(1)    Use or attempt to use the license of another person who is a licensed social worker; or
(2)    Impersonate another person who is a licensed social worker.
2023 Maryland Statutes › Health Occupations › Title 19 - Social Workers › Subtitle 4 - Prohibited Acts; Penalties › Section 19-407 - Penalties

(a)    A person who violates any provision of this subtitle or § 19–301 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 2 years or both.
(b)    A person who violates any provision of this subtitle or § 19–301 of this title is subject to a civil fine not exceeding $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.
(c)    Each violation of this subtitle is a separate offense.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 2 - State Board for Certification of Residential Child Care Program Professionals › Section 20-202 - Composition

(a)    (1)    The Board consists of 11 members.
(2)    Of the 11 Board members:
(i)    Five members shall be appointed as follows:
1.    Two by the Secretary, one each for the Developmental Disabilities Administration and the Behavioral Health Administration;
2.    One by the Secretary of Juvenile Services for the agency;
3.    One by the Secretary of Human Services for the agency; and
4.    One by the State Superintendent of Schools; and
(ii)    Six shall be appointed by the Governor.
(3)    Of the six appointed by the Governor:
(i)    Three shall be program administrators;
(ii)    One shall be a residential child and youth care practitioner; and
(iii)    Two shall be consumer members.
(b)    The Governor shall appoint members with the advice and consent of the Senate.
(c)    Each Board member shall:
(1)    Be a United States citizen; and
(2)    Have resided in this State for at least 1 year before appointment to the Board.
(d)    A consumer member of the Board:
(1)    May not be a program administrator or a residential child and youth care practitioner;
(2)    May not have a household member who is a program administrator or a residential child and youth care practitioner;
(3)    May not have a household member who participates in a commercial or professional field related to administering a program; and
(4)    May not have had within 2 years before appointment a substantial financial interest in a program regulated by an agency.
(e)    While a member of the Board, a consumer member may not have a substantial financial interest in a program regulated by an agency.
(f)    Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
(g)    (1)    The term of a member is 4 years.
(2)    The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2004.
(3)    At the end of a term, a member continues to serve until a successor is appointed and qualifies.
(4)    A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
(5)    A member may not serve more than two consecutive full terms.
(6)    To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
(h)    (1)    The Governor may remove a member for incompetence, misconduct, incapacity, or neglect of duty.
(2)    On the recommendation of the Children’s Cabinet, the Governor may remove a member whom the Children’s Cabinet finds to have been absent from two successive Board meetings without adequate reason.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 2 - State Board for Certification of Residential Child Care Program Professionals › Section 20-203 - Officers

(a)    From among its members, the Board annually shall elect a chairman, vice chairman, and executive secretary.
(b)    The Board shall determine:
(1)    The manner of election of officers;
(2)    The term of office of each officer; and
(3)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 2 - State Board for Certification of Residential Child Care Program Professionals › Section 20-204 - Quorum; Meetings; Reimbursement; Staffing

(a)    A majority of the full authorized membership of the Board is a quorum.
(b)    The Board shall meet at least twice a year, at the times and places that it determines.
(c)    Each member of the Board is entitled to reimbursement for expenses at a rate determined by the Board.
(d)    The Board may employ staff in accordance with the budget of the Board.
(e)    The Board may appoint an executive director.
(f)    The executive director:
(1)    Serves at the pleasure of the Board;
(2)    Serves as the executive officer of the Board; and
(3)    Has the powers and duties assigned by the Board.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 2 - State Board for Certification of Residential Child Care Program Professionals › Section 20-205 - Powers and Duties

(a)    In addition to the powers and duties set forth elsewhere in this title, the Board in consultation with the Children’s Cabinet shall:
(1)    Adopt regulations to carry out the provisions of this subtitle;
(2)    Establish standards for the certification of applicants;
(3)    Conduct a continuing study and investigation of program administrators and residential child and youth care practitioners to improve:
(i)    Certification standards; and
(ii)    Procedures for enforcing these standards;
(4)    Establish a tiered certification structure for residential child and youth care practitioners; and
(5)    Devise examinations and adopt investigative procedures to:
(i)    Determine whether program administrators and residential child and youth care practitioners meet the standards adopted by the Board; and
(ii)    Assure that program administrators and residential child and youth care practitioners continue to meet these standards.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Maintain a registry of all program administrators and residential child and youth care practitioners certified by the Board;
(2)    Submit an annual report to the Governor and Children’s Cabinet;
(3)    Adopt a code of ethics that the Board considers appropriate and applicable to the program administrators and residential child and youth care practitioners certified by the Board;
(4)    Establish continuing education requirements for the program administrators certified by the Board;
(5)    Establish training and continuing education requirements for the residential child and youth care practitioners certified by the Board; and
(6)    Create committees as it deems appropriate to advise the Board on special issues.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 2 - State Board for Certification of Residential Child Care Program Professionals › Section 20-206 - Fees

(a)    The Board:
(1)    Shall set reasonable fees for:
(i)    The issuance and renewal of certificates;
(ii)    Approving training programs for residential child and youth care practitioners; and
(iii)    Its other services;
(2)    May waive the fees, based on demonstrated need, as determined by the Board; and
(3)    May not require fees for the examination of qualified certified residential child and youth care practitioner applicants under this title.
(b)    The Board shall pay all money collected under this title into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 3 - Certification Process › Section 20-301 - Certification Required

(a)    (1)    Except as otherwise provided in this subsection, an individual shall receive a certificate from the Board before the individual may be a program administrator in this State.
(2)    (i)    Except as provided in subparagraph (ii) of this paragraph, if a program administrator leaves or is removed from a position as program administrator by death or for any other unexpected cause, the chief administrator of a residential child care program or other appropriate program authority shall immediately designate a certified program administrator to serve in that capacity.
(ii)    1.    In the event a certified program administrator is not available, the chief administrator or other appropriate program authority may appoint a noncertified person to serve in the capacity of acting program administrator for a period not to exceed 90 days.
2.    The chief administrator or other appropriate program authority shall immediately notify the Board of the appointment and forward the credentials and the State and national criminal history records check of the person appointed to the Board for evaluation to assure that the person appointed is experienced, trained, of good moral character, and competent.
3.    The 90–day period begins on the date that the program administrator leaves or is removed from the position as a program administrator.
4.    The Board may extend the 90–day period for a further period of not more than 30 days.
(b)    (1)    Except as provided in paragraph (2) of this subsection, on or before October 1, 2015, an individual shall receive a certificate from the Board before the individual may be a residential child and youth care practitioner in this State.
(2)    This subsection does not apply to:
(i)    An employee of the Maryland School for the Blind who is a residential child and youth care practitioner and holds a current paraprofessional certificate; or
(ii)    For up to 180 days, an individual participating in a Board–approved training program.
(c)    (1)    The governing body of each residential child care program shall appoint a chief administrator of the program.
(2)    If the chief administrator of a residential child care program leaves or is removed from a position as chief administrator by death or for any other unexpected cause, the governing body of the residential child care program shall immediately designate an individual to serve as the acting chief administrator for a period not to exceed 180 days.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 3 - Certification Process › Section 20-302 - Qualifications

(a)    To qualify for a certificate as a program administrator, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall be of good moral character.
(c)    The applicant shall have completed:
(1)    A State and national criminal history records check; and
(2)    Unless waived by the Board under § 20–303(d) of this subtitle, a child protective services background clearance.
(d)    The applicant shall be at least 21 years old.
(e)    The applicant shall have:
(1)    (i)    A bachelor’s degree from an accredited college or university; and
(ii)    At least 4 years experience in the human service field with at least 3 years in a supervisory or administrative capacity; or
(2)    (i)    A master’s degree from an accredited college or university; and
(ii)    At least 2 years experience in the human service field with at least 1 year in a supervisory or administrative capacity.
(f)    Except as otherwise provided in this title, the applicant shall pass an examination given by the Board under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 3 - Certification Process › Section 20-302.1 - Certification as Residential Child and Youth Care Practitioner

(a)    To qualify for a certificate as a residential child and youth care practitioner, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall be of good moral character.
(c)    The applicant shall have completed:
(1)    A State and national criminal history records check; and
(2)    Unless waived by the Board under § 20–303(d) of this subtitle, a child protective services background clearance.
(d)    The applicant shall be:
(1)    At least 21 years old; or
(2)    At least 18 years old and have earned at least an associate’s or bachelor’s degree from an accredited college or university.
(e)    The applicant shall have:
(1)    A high school diploma or equivalent and have successfully completed an approved training program; and
(2)    (i)    At least 2 years experience in the human service field; or
(ii)    An associate’s or bachelor’s degree from an accredited college or university.
(f)    (1)    Except as provided in paragraph (2) of this subsection, the applicant shall have successfully completed a training program approved by the Board.
(2)    (i)    An applicant who has an associate’s or bachelor’s degree from an accredited college or university may be waived from the training program requirement, if the applicant passes an examination and meets other requirements established by the Board under this subtitle.
(ii)    The Board shall establish requirements and procedures for waiving the training program requirement for an applicant under subparagraph (i) of this paragraph.
(g)    The applicant shall pass an examination given by the Board under this subtitle.
(h)    The Board shall waive the education, experience, training, and examination requirements of this section for an applicant who:
(1)    Applies for certification on or before October 1, 2015; and
(2)    Presents to the Board satisfactory evidence that the applicant worked as a residential child and youth care practitioner in the State for at least 2 years before October 1, 2015.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 3 - Certification Process › Section 20-303 - Application

(a)    To apply for a certificate, an applicant shall:
(1)    Submit an application to the Board on the form that the Board requires;
(2)    Provide evidence of application for a child protective services background clearance;
(3)    Pay to the Board the application fee set by the Board; and
(4)    Apply to the Central Repository for a State and national criminal history records check.
(b)    (1)    As part of the application for a criminal history records check, the applicant shall submit to the Central Repository:
(i)    A legible set of fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(ii)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(iii)    The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(2)    In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Board the applicant’s criminal history records information.
(3)    Information obtained from the Central Repository under this subsection:
(i)    Is confidential and may not be redisseminated; and
(ii)    May be used only for the certification purpose authorized by this subtitle.
(4)    The subject of a criminal history records check under this subsection may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
(c)    The results of the child protective services background clearance shall be provided to the Board and the applicant.
(d)    The Board may, at its discretion, waive the requirement in subsection (a)(2) of this section for an out–of–state applicant who presents evidence to the Board that circumstances outside the applicant’s control prevent the applicant from obtaining, from the applicant’s state of residence, a background clearance that is equivalent to a child protective services background clearance.
2023 Maryland Statutes › Health Occupations › Title 20 - Residential Child Care Program Professionals › Subtitle 3 - Certification Process › Section 20-304 - File

(a)    The Board shall keep a file of each certificate application made under this subtitle.
(b)    The file shall contain:
(1)    The name, resident address, employment address, and age of the applicant;
(2)    The date of the application;
(3)    Complete and current information on the educational, training, and experience qualifications of the applicant;
(4)    The date the Board reviewed and acted on the application;
(5)    The action taken by the Board on the application;
(6)    The identifying numbers of any certificate or renewal certificate issued to the applicant; and
(7)    Any other information that the Board considers necessary.
(c)    The application files shall be open to public inspection.