reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6 - Prohibited Acts; Penalties › Section 17-603 - Prohibited Acts -- Certified Alcohol and Drug Counseling, Professional Counseling, Marriage and Family Counseling

Except as otherwise provided in this title, unless an individual is certified to practice alcohol and drug counseling, marriage and family therapy, or professional counseling, the individual may not:
(1)    Represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is certified by the Board to provide counseling or therapy services in this State;
(2)    Use any title, abbreviation, sign, card, or other representation that the individual is a certified professional counselor, certified professional counselor–marriage and family therapist, certified professional counselor–alcohol and drug, certified associate counselor–alcohol and drug, or certified supervised counselor–alcohol and drug; or
(3)    Use the title “C.P.C.”, “C.P.C.–M.F.T.”, “C.P.C.–A.D.”, “C.A.C.–A.D.”, or “C.S.C.–A.D.”, the words “certified professional counselor” or “certified professional counselor–marriage and family therapist”, or the words “certified counselor” or “certified marriage and family therapist” with the intent to represent that the individual practices professional counseling or marriage and family therapy, or the words “certified professional counselor–alcohol and drug”, “certified associate counselor–alcohol and drug”, “certified supervised counselor–alcohol and drug” with the intent to represent that the individual practices alcohol and drug counseling.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6 - Prohibited Acts; Penalties › Section 17-604 - Violations and Penalties

(a)    A person who violates any provision of this subtitle or § 17–301 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
(b)    A person who violates any provision of this subtitle or § 17–301 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 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Committee” means the Behavior Analyst Advisory Committee established under § 17–6A–05 of this subtitle.
(c)    “License” means a license issued by the Board to practice behavior analysis.
(d)    “Licensed behavior analyst” means an individual who is licensed by the Board to practice behavior analysis.
(e)    “Licensee” means a licensed behavior analyst.
(f)    (1)    “Practice of behavior analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior.
(2)    “Practice of behavior analysis” includes:
(i)    The empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; and
(ii)    Interventions based on scientific research and the direct observation and measurement of behavior and environment.
(3)    “Practice of behavior analysis” does not include psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, counseling, or any subdiscipline of psychology as treatment modalities.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-02 - Subtitle Not Limiting Use of Terminology or Other Health Occupation Practices

(a)    This subtitle does not limit the use of the terms “behavior analysis” or “behavioral analysis” by an individual authorized to practice under this article who is practicing within the individual’s scope of practice.
(b)    This subtitle does not limit the right of an individual to practice a health occupation that the individual is licensed, certified, or otherwise authorized to practice under this article.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-04 - Fees

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and the other services it provides to behavior analysts.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to behavior analysts.
(b)    (1)    The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.
(2)    The Comptroller shall distribute all fees to the Board.
(c)    The fees 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 subtitle.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-06 - Behavior Analyst Advisory Committee -- Membership

(a)    The Committee consists of five members appointed by the Board as follows:
(1)    (i)    On or before  December 31, 2014, four behavior analysts who:
1.    Are certified by the Behavior Analyst Certification Board; and
2.    Have a minimum of 5 years of clinical experience; and
(ii)    On or after January 1, 2015, four licensed behavior analysts who:
1.    Are certified by the Behavior Analyst Certification Board; and
2.    Have a minimum of 5 years of clinical experience; and
(2)    One consumer member who is receiving services, has received services, or has a child who is receiving services for a behavioral disorder, including an autism spectrum disorder.
(b)    The consumer member of the Committee:
(1)    Shall be a member of the general public;
(2)    May not be or ever have been a behavior analyst or in training to become a behavior analyst;
(3)    May not have a household member who is a behavior analyst or in training to become a behavior analyst;
(4)    May not participate or ever have participated in a commercial or professional field related to behavior analysis;
(5)    May not have a household member who participates in a commercial or professional field related to behavior analysis; and
(6)    May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
(c)    (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 Committee on October 1, 2014.
(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 2 consecutive full terms.
(d)    The Board may remove a member for incompetence or misconduct.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-07 - Behavior Analyst Advisory Committee -- Chair and Vice Chair

(a)    From among its members, the Committee annually shall elect a chair and a vice chair.
(b)    The Committee shall determine:
(1)    The manner of election of officers; and
(2)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-08 - Behavior Analyst Advisory Committee -- Meetings

(a)    A majority of the members then serving on the Committee is a quorum.
(b)    (1)    The Committee shall meet at least once a year, at the times and places that it determines.
(2)    The Committee may hold special meetings if:
(i)    Requested by the Board; or
(ii)    The chair or a majority of the members then serving on the Committee consider a meeting to be necessary or advisable.
(3)    Reasonable notice of all Committee meetings shall be given in the manner determined by the Committee.
(c)    A member of the Committee:
(1)    May not receive compensation as a member of the Committee; but
(2)    Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-09 - Behavior Analyst Advisory Committee -- Powers and Duties

In addition to the powers and duties set forth elsewhere in this subtitle, the Committee shall:
(1)    Develop and recommend to the Board regulations to carry out this subtitle;
(2)    Develop and recommend to the Board a code of ethics for the practice of behavior analysis;
(3)    Develop and recommend to the Board the requirements for licensure as a behavior analyst, including:
(i)    Criteria for the educational and clinical training of licensed behavior analysts; and
(ii)    Criteria for a professional competency examination and testing of applicants for a license to practice behavior analysis;
(4)    Develop and recommend to the Board continuing education requirements for license renewal;
(5)    Provide the Board with recommendations concerning the practice of behavior analysis;
(6)    Keep a record of its proceedings; and
(7)    Report to the Board as required in regulations adopted by the Board.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-10 - License Required; Exception

(a)    Except as otherwise provided in this subtitle, beginning  January 1, 2015, an individual shall be licensed by the Board before the individual may practice behavior analysis in the State.
(b)    This section does not apply to a student enrolled in an educational program that meets the criteria of § 17–6A–11(c)(2) of this subtitle while engaged in an unpaid, clinical educational experience of behavior analysis.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-11 - Qualifications

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall:
(1)    Be of good moral character; and
(2)    Be at least 18 years old.
(c)    The applicant shall:
(1)    Have a current certification by the Behavior Analyst Certification Board or its successor organization;
(2)    Have received a  master’s degree or higher from a behavior analysis educational program that is accredited by the Behavior Analyst Certification Board or its successor organization;
(3)    Demonstrate oral and written competency in English as required by the Board; and
(4)    Meet any other requirements established by the Board.
(d)    The Board shall waive the education requirements under subsection (c)(2) of this section if an individual was certified by the Behavior Analyst Certification Board on or before  December 31, 2014, and is currently in good standing.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-12 - Application

To apply for a license, an applicant shall:
(1)    Submit an application to the Board on the form that the Board requires;
(2)    Pay to the Board the application fee set by the Board; and
(3)    Submit to a criminal history records check in accordance with § 17–501.1 of this title.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-13 - Issuance; Contents; Criminal History Record Information

(a)    The Board shall issue a license to any applicant who meets the requirements of this subtitle.
(b)    The Board shall include on each license that the Board issues:
(1)    The full name of the licensed behavior analyst;
(2)    The dates of issuance and expiration;
(3)    A serial number;
(4)    The signatures of the chair and the vice chair of the Board; and
(5)    The seal of the Board.
(c)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 17–501.1 of this title, in determining whether to grant a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The circumstances surrounding the crime;
(iii)    The length of time that has passed since the crime;
(iv)    Subsequent work history;
(v)    Employment and character references; and
(vi)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license if the criminal history record information required under § 17–501.1 of this title has not been received.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-15 - Expiration and Renewal

(a)    A license expires on a date set by the Board unless the license is renewed for an additional term as provided in this section.
(b)    At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail or electronic mail to the last known address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before a license expires, the licensee periodically may renew the license for an additional term if the licensee:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Board a renewal fee set by the Board; and
(3)    Submits to the Board:
(i)    A renewal application on the form that the Board requires; and
(ii)    Satisfactory evidence of compliance with any continuing education requirements established by the Board under subsection (d) of this section.
(d)    The Board may establish continuing education requirements as a condition of the renewal of licenses under this section.
(e)    The Board shall renew the license of each licensee who meets the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-16 - Inactive Status; Reinstatement

(a)    (1)    The Board shall place a licensee on inactive status if the licensee submits to the Board:
(i)    An application for inactive status on the form required by the Board; and
(ii)    The inactive status fee set by the Board.
(2)    (i)    The Board shall license an individual on inactive status who applies for a license if the individual:
1.    Complies with the renewal requirements that exist at the time the individual changes from inactive status to active status; and
2.    Meets any continuing education requirements established by the Board.
(ii)    The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph.
(b)    The Board shall reinstate the license of a behavior analyst who has not been put on inactive status and who has failed to renew the license for any reason if the behavior analyst:
(1)    Meets the renewal requirements of  § 17–6A–15 of this subtitle;
(2)    Pays to the Board a reinstatement fee set by the Board; and
(3)    Applies to the Board for reinstatement of the license within 5 years after the license expires.
(c)    (1)    The Board may not reinstate the license of a behavior analyst who fails to apply for reinstatement of the license within 5 years after the license expires.
(2)    Notwithstanding the provisions of paragraph (1) of this subsection, a behavior analyst may become licensed by meeting the current requirements for obtaining a new license under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-17 - Notice of Change of Name or Address

(a)    A licensee shall notify the Board in writing of a change in name or address within 60 days after the change.
(b)    A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-20 - Penalties

(a)    If, after a hearing under  § 17–6A–21 of this subtitle, the Board finds that there are grounds under  § 17–6A–19 of this subtitle to suspend or revoke a license or to reprimand a licensee, the Board may impose a monetary penalty not exceeding $10,000:
(1)    Instead of suspending the license; or
(2)    In addition to suspending or revoking the license.
(b)    The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section.
(c)    The Board shall pay any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-21 - Hearing

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under  § 17–6A–19 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)    The hearing notice to be given to the individual shall be served personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least  30 days before the hearing.
(d)    The individual may be represented at the hearing by counsel.
(e)    (1)    Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board.
(2)    The Board shall issue subpoenas on behalf of the individual if the individual:
(i)    Requests that the Board do so; and
(ii)    States under oath that the testimony or evidence sought is necessary to the individual’s defense.
(3)    If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
(f)    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.
(g)    The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-22 - Appeals

(a)    Except as provided in this section for an action under § 17–6A–19 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 § 17–6A–19 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act.
(c)    A decision of the Board to deny a license, enforce a suspension of a license for more than 1 year, or revoke a license may not be stayed pending judicial review.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-23 - Reinstatement of License, Reduction of Suspension Period, or Withdrawal of Reprimand

For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:
(1)    Reinstate a license that has been revoked;
(2)    Reduce the period of a suspension; or
(3)    Withdraw a reprimand.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-25 - Injunction

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of behavior analysis; or
(2)    Conduct that is a ground for disciplinary action under  § 17–6A–19 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 acts 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 the unauthorized practice of behavior analysis under  § 17–6A–27 of this subtitle or disciplinary action under  § 17–6A–19 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-26 - Behavior Analyst Rehabilitation Subcommittee

(a)    In this section, “behavior analyst rehabilitation  subcommittee” means a  subcommittee 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 behavior analyst rehabilitation  subcommittee is a  subcommittee of the  Committee that:
(1)    Is recognized by the Board; and
(2)    Includes but is not limited to behavior analysts.
(c)    A rehabilitation  subcommittee of the  Committee or recognized by the  Committee may function:
(1)    Solely for the  Committee; or
(2)    Jointly with a rehabilitation committee representing another board or boards.
(d)    For purposes of this section, a behavior analyst rehabilitation  subcommittee evaluates and provides assistance to any behavior analyst 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 behavior analyst rehabilitation  subcommittee 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 behavior analyst rehabilitation  subcommittee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the behavior analyst rehabilitation  subcommittee 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 behavior analyst rehabilitation  subcommittee is not civilly liable for any action as a member of the behavior analyst rehabilitation  subcommittee or for giving information to, participating in, or contributing to the function of the behavior analyst rehabilitation  subcommittee.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-27 - License Required

(a)    Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice behavior analysis in this State unless licensed by the Board.
(b)    Each violation of this section is a separate offense.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-28 - Misrepresentation as Authorized Practitioner

Unless authorized to practice behavior analysis under this subtitle, a person may not:
(1)    Represent to the public that the person is a licensed behavior analyst; or
(2)    Use any title, abbreviation, sign, card, or other representation that the person is a licensed behavior analyst.
2023 Maryland Statutes › Health Occupations › Title 17 - Professional Counselors and Therapists › Subtitle 6A - Behavior Analysts › Section 17-6A-29 - Penalties; Civil Fines

(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 not exceeding 1 year or both.
(b)    A person who violates  § 17–6A–27 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.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 1 - Definitions; General Provisions › Section 18-102 - Scope of Title

Unless the individual uses as a title or describes the services the individual provides by use of the words “psychological”, “psychologist”, or “psychology”, this title does not limit:
(1)    The right of an individual to practice a health occupation that the individual is licensed, certified, or otherwise authorized to practice under this article;
(2)    The right of an individual to provide vocational rehabilitation services as authorized under Title 9, Subtitle 6 of the Labor and Employment Article; or
(3)    The nonprofit activities and services of a bona fide religious organization that is exempt from taxation under § 501(c)(3) of the Internal Revenue Code.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 2 - State Board of Examiners of Psychologists › Section 18-203 - Officers

(a)    From among its members, the Board annually shall elect a chairman and a vice chairman.
(b)    The Board shall determine:
(1)    The manner of election of officers; and
(2)    The duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 2 - State Board of Examiners of Psychologists › Section 18-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the members then serving on the Board is a quorum.
(b)    (1)    The Board shall meet at least once a year, at the times and places that it determines.
(2)    The Board may hold special meetings, if:
(i)    Requested by the Secretary; or
(ii)    The chairman or a majority of the members then serving on the Board consider a meeting to be necessary or advisable.
(3)    Reasonable notice of all Board meetings shall be given in the manner determined by the Board.
(c)    A member of the Board is entitled to:
(1)    Compensation, in accordance with the budget of the Board, for each day on which the member is engaged in performing the duties of the member’s office; and
(2)    Reimbursement for expenses at a rate determined by the Board.
(d)    (1)    The Board may designate one of its staff as Board administrator.
(2)    The Board administrator may be compensated in accordance with the budget of the Board.
(3)    The Board may employ other staff in accordance with the budget of the Board.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 2 - State Board of Examiners of Psychologists › Section 18-206 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may adopt rules and regulations to carry out the provisions of this title.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Establish procedures for receiving and investigating complaints, including:
(i)    Providing notice to the licensee or registrant that a complaint has been filed against the licensee or registrant and forwarding a copy of the complaint to the licensee or registrant within 120 days of receipt of the complaint, unless the Board:
1.    Makes an affirmative determination that the disclosure would prejudice the investigation of the complaint and notifies the licensee or registrant of the determination; or
2.    Disposes of the complaint within 120 days of the date of receipt of the complaint; and
(ii)    Notifying, at least every 3 months, the licensee or registrant and the complainant as to the status of any outstanding complaint;
(2)    Submit an annual report of its activities to the Secretary as soon as practicable after the end of each fiscal year; and
(3)    Adopt an official seal.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 2 - State Board of Examiners of Psychologists › Section 18-206.1 - Disclosure of Information

(a)    The Board may disclose any information contained in a record of the Board to any other health occupations regulatory board of this State or another state if the health occupations regulatory board of this State or another state requests the information in writing.
(b)    The Board, its executive director or administrator, or the Office of the Attorney General, may disclose to any licensing or disciplinary authority or other law enforcement, prosecutorial, or judicial authority, any information in the investigatory files of the Board.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 2 - State Board of Examiners of Psychologists › Section 18-207 - State Board of Examiners for Psychologists Fund -- Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Examiners for Psychologists Fund.
(b)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and its other services.
(2)    The fees charged shall be set so as to produce revenues that approximate the cost of maintaining the Board.
(3)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (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 Examiners for Psychologists Fund.
(d)    (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.
(e)    (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.
(f)    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 18 - Psychologists › Subtitle 3 - Licensing › Section 18-302.1 - Criminal History Records Checks

(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)    Two complete sets 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 the applicant the criminal history record information of the applicant.
(d)    If an applicant has made three or more unsuccessful attempts at securing legible fingerprints, the Board may accept an alternate method of a criminal history records check as allowed by the Director of the Central Repository and the Director of the Federal Bureau of Investigation.
(e)    Information obtained from the Central Repository under this section:
(1)    Shall be confidential;
(2)    May not be redisseminated; and
(3)    Shall be used only for the licensing purpose authorized by this title.
(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 18 - Psychologists › Subtitle 3 - Licensing › Section 18-303 - Applications for Licenses or Registrations

To apply for a license or registration to practice psychology, an applicant shall:
(1)    Submit a verified application to the Board on the form that the Board requires;
(2)    Pay to the Board the application fee set by the Board; and
(3)    Submit to a criminal history records check in accordance with § 18–302.1 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-304 - Examinations

(a)    An applicant who otherwise qualifies for a license or registration is entitled to be examined as provided in this section.
(b)    The Board shall give examinations to applicants at least once a year, at the times and places that the Board determines.
(c)    The Board shall notify each qualified applicant of the time and place of examination.
(d)    The Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
(e)    (1)    The Board may not limit the number of times an applicant may take an examination required under this subtitle.
(2)    The applicant shall pay to the Board a reexamination fee set by the Board for each reexamination.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-305 - Reciprocity

(a)    Subject to the provisions of this section, the Board may waive any examination requirement of this title for an individual who is licensed or certified as a psychologist in any other state.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Pays the application fee required by the Board under § 18-303 of this subtitle; and
(2)    Provides adequate evidence that the applicant:
(i)    Meets the qualifications otherwise required by this title; and
(ii)    Became licensed or certified in the other state under requirements substantially equivalent to the licensing requirements of this title.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-306 - Issuance and Contents of License or Registration

(a)    The Board shall issue a license or registration to any applicant who meets the requirements of this title.
(b)    The Board shall include on each license or registration that the Board issues:
(1)    The full name of the licensee or registrant;
(2)    The dates of issuance and expiration;
(3)    A serial number;
(4)    The signatures of the chairman and the vice chairman of the Board; and
(5)    The seal of the Board.
(c)    (1)    On receipt of the criminal history record information of an applicant for licensure or registration forwarded to the Board in accordance with § 18–302.1 of this subtitle, in determining whether to grant a license or registration, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The circumstances surrounding the crime;
(iii)    The length of time that has passed since the crime;
(iv)    Subsequent work history;
(v)    Employment and character references; and
(vi)    Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license or registration if the criminal history record information required under § 18–302.1 of this subtitle has not been received.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-307 - Scope of License or Registration

(a)    Except as otherwise provided in this section, a license or registration authorizes the licensee or registrant to practice psychology while the license or registration is effective.
(b)    An individual licensed by the Board is authorized to use the words “psychological”, “psychologist”, or “psychology” to describe the services the individual provides, for purposes of reimbursement, but not for any other purpose, if:
(1)    The individual originally was certified without examination because the individual had at least 25 years of experience as an instructor in psychiatry on the teaching staff of an accredited school of medicine in this State and applied for certification without examination before January 1, 1979; and
(2)    When the individual was certified, the Board stipulated that the use of those words by the individual was so limited.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-308 - Roster of Licensed Psychologists and Psychology Associates

(a)    The Board shall maintain a roster that contains the name and address of each psychologist and psychology associate currently licensed or registered, listed alphabetically by name and geographically by address, and any other information the Board considers desirable.
(b)    The Board shall:
(1)    Respond to inquiries from the public regarding information contained in the roster; and
(2)    Provide copies of the roster by mail to the public on request.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-310 - Inactive Status; Reinstatement of Expired Licenses or Registrations

(a)    (1)    The Board shall place a licensee on inactive status, if the licensee submits to the Board:
(i)    An application for inactive status on the form required by the Board; and
(ii)    The inactive status fee set by the Board.
(2)    (i)    The Board shall license an individual on inactive status who applies for a license if the individual:
1.    Complies with the renewal requirements that exist at the time the individual changes from inactive status to active status; and
2.    Meets the continuing education requirements set by the Board.
(ii)    The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph.
(b)    The Board shall reinstate the license or registration of a psychologist or psychology associate who has failed to renew the license or registration for any reason if the psychologist or psychology associate:
(1)    Meets the renewal requirements of § 18–309 of this subtitle;
(2)    Pays to the Board a reinstatement fee set by the Board; and
(3)    Applies to the Board for reinstatement of the license or registration within 5 years after the license or registration expires.
(c)    (1)    The Board may not reinstate the license or registration of a psychologist or psychology associate who fails to apply for reinstatement of the license or registration within 5 years after the license or registration expires.
(2)    A psychologist or psychology associate who fails to apply for reinstatement of the license or registration within 5 years after the license or registration expires may become licensed or registered by meeting the current requirements for obtaining a new license or registration under this title.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-311 - Code of Ethics

(a)    (1)    The Board shall adopt a code of ethics for psychologists and psychology associates in this State.
(2)    The code of ethics adopted under paragraph (1) of this subsection shall be designed to protect the public interest.
(b)    In adopting the code of ethics, the Board shall consider:
(1)    The ethical standards of psychologists published by the American Psychological Association; and
(2)    The professional character of psychological services.
(c)    In adopting the code of ethics, the Board shall announce and hold public hearings on the subject.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-312 - Surrender of License or Registration

(a)    Unless the Board agrees to accept the surrender of a license or registration, a licensed psychologist or registered psychology associate may not surrender the license or registration nor may the license or registration lapse by operation of law while the licensee or registrant is under investigation or while charges are pending against the psychologist or psychology associate.
(b)    The Board may set conditions on its agreement with the psychologist or psychology associate under investigation or against whom charges are pending to accept surrender of the psychologist’s license or psychology associate’s registration.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-313.1 - Monetary Penalties

(a)    If, after a hearing under § 18–315 of this subtitle, the Board finds that there are grounds under § 18–313 of this subtitle to suspend or revoke a license or registration or to reprimand a licensee or registrant, the Board may impose a monetary penalty not exceeding $10,000:
(1)    Instead of suspending the license or registration; or
(2)    In addition to suspending or revoking the license or registration.
(b)    The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section.
(c)    The Board shall pay any penalty collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-314 - Psychological or Physical Examination

(a)    If, in investigating an allegation brought against a licensee or registrant under this title, the Board has reason to believe that the licensee or registrant may cause harm to persons affected by the licensee’s or registrant’s practice of psychology, the Board, on its own initiative, may direct the licensee or registrant to submit to an appropriate examination by a psychologist or physician designated by the Board.
(b)    In return for the privilege given to a licensee or registrant to practice psychology in the State, the licensee or registrant 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 examination reports of the examining psychologist or physician.
(c)    The failure or refusal of the licensee or registrant to submit to an examination required under subsection (b) of this section is prima facie evidence of the licensee’s or registrant’s inability to practice psychology competently, unless the Board finds that the failure or refusal was beyond the control of the licensee or registrant.
(d)    The Board shall pay the cost of any examination made under this section.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-315 - Hearings

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 18-313 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)    The hearing notice to be given to the individual shall be served personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 10 days before the hearing.
(d)    The individual may be represented at the hearing by counsel.
(e)    (1)    Over the signature of an officer or the administrator 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 the Board.
(2)    The Board shall issue subpoenas on behalf of the individual if the individual:
(i)    Requests that the Board do so; and
(ii)    States under oath that the testimony or evidence sought is necessary to the individual’s defense.
(3)    If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.
(f)    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.
(g)    The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-316 - Review

(a)    Except as provided in this section for an action under § 18–313 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 § 18–313 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    A decision of the Board to deny a license or registration, enforce a suspension of a license or registration for more than 1 year, or revoke a license or registration may not be stayed pending judicial review.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-317 - Amendment of Order

For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:
(1)    Reinstate a license or registration that has been revoked;
(2)    Reduce the period of a suspension; or
(3)    Withdraw a reprimand.
2023 Maryland Statutes › Health Occupations › Title 18 - Psychologists › Subtitle 3 - Licensing › Section 18-317.1 - Injunctive Relief

(a)    An action may be maintained in the name of the State or the Board to enjoin:
(1)    The unauthorized practice of psychology; or
(2)    Conduct that is a ground for disciplinary action under § 18-313 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 acts 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 the unauthorized practice of psychology under § 18-401 of this title or disciplinary action under § 18-313 of this subtitle.