reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.02 - Code of Ethics › Section 10.46.02.03 - Professional Competence

Current through Register Vol. 51, No. 14, July 12, 2024
An occupational therapist and occupational therapy
					 assistant shall:
A. Limit practice to
				  the areas of competency by which proficiency has been gained through education,
				  training, and experience;
B.
				  Acquire the education and training needed to address the cultural differences
				  of diverse populations;
C. Avoid
				  unfair discrimination based on age, gender, race, ethnicity, culture, national
				  origin, disability, socioeconomic status, sexual orientation, or other basis
				  proscribed by law;
D. Use treatment
				  only when the occupational therapist or occupational therapy assistant knows
				  that the circumstances are appropriate;
E. Maintain competence by meeting the
				  requirements of continuing education in accordance with COMAR
				  10.46.04;
F. Engage in ongoing
				  consultation with other occupational therapists and occupational therapy
				  assistants or relevant professionals and seek appropriate education, training,
				  and experience when developing competence in a new service or technique;
				  and
G. Document and maintain
				  appropriate records of all relevant work and training used to gain competence
				  in new techniques or services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.02 - Code of Ethics › Section 10.46.02.04 - Penalties

Current through Register Vol. 51, No. 14, July 12, 2024
Violation of Regulation .01 or .02 of this chapter may
					 result in the Board taking action to reprimand the licensee or place the
					 licensee on probation, or to suspend or revoke the licensee's
					 license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all formal hearings before the
					 Board of Occupational Therapy Practice. They do not apply to informal
					 investigations, meetings, or proceedings when no formal ruling or decision is
					 made.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.02 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Written
				  notice of a hearing shall be sent by the Board to all interested parties at
				  least 30 days before the hearing. The notice shall state the date, time, and
				  place of the hearing. It shall also state the issues or charges involved in the
				  proceeding.
B. If, by reason of the
				  nature of the proceeding, the issues cannot be fully stated in advance of the
				  hearing, or if subsequent amendment of the issues is necessary, they shall be
				  fully stated as soon as practicable.
C. Service upon a party shall be delivery of
				  the charging document and a copy of the complaint to the party in person.
				  Instead of personal service, the Board may serve the charging document and a
				  copy of the complaint by registered or certified mail, restricted delivery,
				  return receipt requested.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.03 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
All parties appearing at formal hearings shall have the
					 right to appear in proper person, or by or with counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.04 - Prehearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Prehearing Conferences. The Board may set a prehearing conference as it deems
				  appropriate.
B. Case Resolution
				  Conference (CRC) Committee.
(1) One or more
				  Board members comprise a committee which makes recommendations to the Board
				  with regard to proposed disposition of matters before hearing.
(2) After service of charges or the response
				  to the notice of intent to deny, the Board shall offer the respondent a case
				  resolution conference (CRC).
(3) If
				  there is no basis for an agreement between the respondent and the
				  administrative prosecutor, the matter proceeds to hearing.
(4) Generally, one or two Board members
				  compose the CRC committee.
(5)
				  Except for consideration of a proposed resolution of a case achieved through
				  the CRC, the Board may not make later use of any commentary, admissions, facts
				  revealed, or positions taken, unless the subject matter is available from other
				  sources or is otherwise discovered.
(6) Participation in a CRC is not ordinarily
				  a basis for recusal of a Board member from further proceedings in the
				  case.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.05 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board
				  Majority. Except as provided in §B of this regulation, each hearing shall
				  be held before a majority of the Board.
B. Delegation. The Board may delegate the
				  authority to conduct the hearing to a committee in accordance with Health
				  Occupations Article, §
										10-316, Annotated
				  Code of Maryland, or to an administrative law judge in accordance with State
				  Government Article, §
										10-205, Annotated
				  Code of Maryland.
C. Duties of
				  Presiding Officer.
(1) The chairperson, or a
				  member designated by the chairperson, shall be the presiding officer.
(2) The presiding officer shall:
(a) Have complete charge of the
				  hearing;
(b) Permit the examination
				  of witnesses;
(c) Admit
				  evidence;
(d) Rule on the
				  admissibility of evidence;
(e)
				  Adjourn or recess the hearing from time to time.
(3) The presiding officer has discretion to
				  set reasonable time limits on arguments and presentation of evidence.
(4) The presiding officer shall be
				  responsible for decorum in a hearing and can suspend the proceedings as
				  necessary to maintain decorum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.06 - Records and Transcripts

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall prepare an official record which shall include all pleadings,
				  testimony, exhibits, and other memoranda or material filed in the
				  proceeding.
B. A stenographic
				  record of the proceedings shall be made at the expense of the Board. This
				  record need not be transcribed, however, unless requested by a party, or by the
				  Board. The cost of any typewritten transcripts of any proceedings, or part of
				  them, shall be paid by the party requesting the transcript.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.07 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
Each decision and order rendered by the Board shall be in
					 writing and shall be accompanied by findings of fact and conclusions of law. A
					 copy of the decision and order and accompanying findings and conclusions shall
					 be delivered or mailed promptly to each party or his attorney of
					 record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.03 - Procedure for Board Hearings › Section 10.46.03.08 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party
				  aggrieved by the decision and order may apply for rehearing within 10 days
				  after service of the decision and order. Action on an application shall lie in
				  the discretion of the Board.
B.
				  Unless otherwise ordered, neither the rehearing nor the application for it
				  shall stay the enforcement of the order, or excuse the persons affected by it
				  for failure to comply with its terms.
C. On rehearing, the Board shall only
				  consider facts not presented in the original hearing, including facts arising
				  after the date of the original hearing, and may by new order abrogate, change,
				  or modify its original order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.04 - Continuing Competency Requirement › Section 10.46.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to all occupational therapists and occupational therapy assistants
				  seeking to obtain, renew, reactivate, or reinstate licensure in
				  Maryland.
B. The objectives of this
				  chapter are to establish guidelines in order to:
(1) Maintain professional competency, or
				  improve professional competency, or both; and
(2) Assure completion of continuing
				  competency requirements for:
(a)
				  Licensure;
(b) Renewal;
(c) Reactivation; or
(d) Reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.04 - Continuing Competency Requirement › Section 10.46.04.03 - Maintaining Records of Contact Hours

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee shall retain supporting
				  documents relative to continuing competency requirements for a period of 4
				  years after the date of renewal for inspection by the Board. These documents
				  may be audited by the Board at any time.
B. A licensee shall retain physical agent
				  modality documentation for the duration of the licensee's professional career
				  in occupational therapy, in accordance with COMAR 10.46.06.
C. At the time of licensure, renewal,
				  reactivation, or reinstatement, a licensee shall attest to completion of the
				  required contact hours during the specified time frame.
D. A licensee's submission of any false
				  statement regarding continuing competency requirements shall result in formal
				  disciplinary action by the Board.
E. A licensee's failure to substantiate
				  contact hours upon request of the Board shall result in formal disciplinary
				  action by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.04 - Continuing Competency Requirement › Section 10.46.04.04 - Licensure and Contact Hour Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Time Frame.
(1) Licensure Time Frame.
(a) The Board shall stagger the terms of
				  licenses.
(b) Before July 1, 2016,
				  the Board shall renew the licenses of licensees originally licensed in years
				  ending in odd numbers for a 1-year term and the licenses of licensees
				  originally licensed in years ending with even numbers for a 2-year
				  term.
(c) Beginning July 1, 2016, a
				  license is valid for a 2-year term and expires as follows:
(i) Licensees originally licensed in
				  even-numbered years are issued a license that expires on June 30 of
				  even-numbered years; and
(ii)
				  Licensees originally licensed in odd-numbered years are issued a license that
				  expires on June 30 of odd-numbered years.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.04 - Continuing Competency Requirement › Section 10.46.04.05 - Approval of Contact Hour Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board preapproves contact hours
				  provided by:
(1) The American Occupational
				  Therapy Association (AOTA);
(2) The
				  Maryland Occupational Therapy Association (MOTA);
(3) AOTA-approved providers; and
(4) The National Board for Certification in
				  Occupational Therapy (NBCOT).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.04 - Continuing Competency Requirement › Section 10.46.04.06 - Continuing Competency Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee may accrue contact hours by
				  being involved in a broad variety of programs and activities to maintain
				  professional competency.
B. A
				  minimum of 16 hours is required to be earned through continuing competencies
				  related to occupational therapy principles and procedures.
C. A maximum of 8 hours may be earned through
				  occupational therapy role-related activities.
D. Continuing competency activities that are
				  approved by the Board include activities described in §E of this
				  regulation in which the licensee may participate, present, or complete
				  independently.
E. Continuing
				  Competency Activities-Specific Requirements.
(1) Workshops, Seminars, Conferences.
(a) A licensee may attend workshops,
				  seminars, lectures, or professional conferences and receive 1 contact hour per
				  1 hour of attendance.
(b) Every 2
				  years, a licensee may apply a maximum of:
(i)
				  24 hours toward the continuing competency requirement related to occupational
				  therapy principles and procedures; and
(ii) 8 hours toward the continuing competency
				  option for role-related activities.
(c) Documentation. The licensee shall
				  provide:
(i) A continuing competency
				  requirement compliance report; and
(ii) A certificate of completion.
(d) Additional Documentation. In
				  addition to the requirements of §E(1)(c) of this regulation, for courses
				  not preapproved, a licensee shall include the following additional
				  documentation:
(i) The date, location, and
				  hour-by-hour agenda of the course;
(ii) A course description;
(iii) A description of the presenter's
				  qualifications; and
(iv) A
				  certificate of completion.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.04 - Continuing Competency Requirement › Section 10.46.04.07 - Audit of Continuing Competency

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the Board's discretion, the Board shall
				  audit the continuing competency documentation of a number of randomly selected
				  licensees.
B. The Board shall send
				  notification of audit to audited licensees.
C. A licensee is subject to an audit of the
				  licensee's continuing competency documentation by the Board as a condition of
				  renewal of licensure.
D. An audited
				  licensee shall successfully complete the requirement of the audit by the
				  specified deadline.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.05 - Collection of Fees › Section 10.46.05.01 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
The fees established by the Board are as follows:
A. Address change, failure to notify the
				  Board . . . $50;
B. Application for
				  initial licensure (includes first temporary license and is nonrefundable) . . .
				  $200;
C. Application for second
				  temporary license . . . $50;
D.
				  Continuing Competency Provider Contact Hour review . . . $30;
E. Insufficient Funds . . . $35;
F. Reactivation of license after elective
				  nonrenewal . . . $245;
G.
				  Reinstatement . . . $450;
H.
				  Elective nonrenewal . . . $25;
I.
				  Renewal, late fee (applicable to renewal made after the renewal deadline) . . .
				  $100;
J. Renewal, occupational
				  therapist license . . . $270;
K.
				  Renewal, occupational therapy assistant license . . . $210; and
L. Verification of licensure . . .
				  $20.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.05 - Collection of Fees › Section 10.46.05.02 - Assessment for Health Care Professionals

Current through Register Vol. 51, No. 14, July 12, 2024
At the time of license renewal an occupational therapist
					 shall pay a fee for health care professionals assessed by the Maryland Health
					 Care Commission (MHCC), as specified in COMAR 10.25.02.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.01 - Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth the requirements for licensed
					 occupational therapists and licensed occupational therapy assistants to apply
					 and use electrical and superficial physical agent modalities as related to, or
					 in preparation for, purposeful activity, with appropriate education to ensure
					 the safe and competent provision of occupational therapy
					 services.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.02 - Exceptions

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee who is credentialed as a certified hand
					 therapist is exempt from the requirements set forth in this
					 chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.03 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Didactic education" means an educational
				  activity:
(a) That includes a method of
				  evaluating and testing the knowledge of the licensee relative to electrical
				  physical agent modalities; and
(b)
				  Relevant to the practice of electrical physical agent modalities in
				  occupational therapy including:
(i)
				  In-service education;
(ii)
				  Conferences;
(iii)
				  Workshops;
(iv) Seminars;
(v) Formal graduate academic education;
				  or
(vi) Formal undergraduate
				  academic education.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.04 - Standards of Competence for Electrical Modalities

Current through Register Vol. 51, No. 14, July 12, 2024
A. An occupational therapist, or occupational
				  therapy assistant under the periodic supervision of an occupational therapist,
				  who wishes to use occupational therapy procedures involving electrical physical
				  agent modalities shall maintain, for the duration of the licensee's
				  professional career, verification of didactic education and clinical
				  requirements.
B. Didactic
				  Education. For each electrical physical agent modality, didactic education
				  shall include:
(1) Principles of physics
				  related to specific properties of light, water, temperature, sound, and
				  electricity;
(2) Physiological,
				  neurophysiological, and electrophysiological changes which occur as a result of
				  the application of the selected modality;
(3) The response of normal and abnormal
				  tissue to the application of the modality;
(4) Indications and contraindications related
				  to the selection and application of the modality;
(5) The guidelines for treatment or
				  administration of the modality within the philosophical framework of
				  occupational therapy;
(6) The
				  guidelines for educating the patient, including instructing the patient about
				  the process and possible outcomes of treatment, including its risks and
				  benefits;
(7) Safety rules and
				  precautions related to the selected modality;
(8) Methods of documenting the effectiveness
				  of immediate and long-term effects of treatment;
(9) Characteristics of equipment including
				  safe operation, adjustment, and care of the equipment; and
(10) Application and storage of patient
				  specific pharmacological agents.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.05 - Treatment Plan Guidelines for Physical Agent Modalities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The occupational therapist does not need
				  to meet the competency requirements as set forth in this chapter in order to
				  develop a treatment plan which includes recommendations for use of physical
				  agent modalities.
B. The
				  therapeutic parameters for physical agent modalities shall be established by
				  the occupational therapist or occupational therapy assistant administering the
				  modality.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.06 - Documentation of Education in Electrical Physical Agent Modalities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The occupational
				  therapist or occupational therapy assistant is responsible for maintaining
				  verification of education relative to electrical physical agent
				  modalities.
B. Verification shall
				  include:
(1) Identification of the specific
				  courses or training where the therapist learned content related to each subject
				  area as specified in Regulation .04B of this chapter;
(2) Proof of 15 contact hours of didactic
				  education by virtue of a certificate of completion or proof of education, if
				  applicable;
(3) An official grade
				  report or official transcript to verify academic education;
(4) Written verification from an educator
				  that five client treatments have been completed under direct clinical education
				  for each specific modality; and
(5)
				  Additional verification requested by the Board as deemed necessary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.07 - Maintaining Records of Education Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee shall retain verification
				  documentation and direct clinical education relative to electrical physical
				  agent modalities for the duration of the licensee's professional career in
				  occupational therapy.
B. A
				  licensee's submission of any false statement regarding physical agent modality
				  competency requirements shall result in formal disciplinary action by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.08 - Superficial Physical Agent Modalities

Current through Register Vol. 51, No. 14, July 12, 2024
A licensee may apply superficial physical agent modalities
					 including, but not limited to, hot packs, cold packs, paraffin, fluidotherapy,
					 and icing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.06 - Competency Requirements for Physical Agent Modalities › Section 10.46.06.09 - Audit of Physical Agent Modalities Documentation

Current through Register Vol. 51, No. 14, July 12, 2024
A. At the Board's discretion, the Board may
				  audit a number of randomly selected licensees.
B. The Board shall send notification of audit
				  to audited licensees.
C. A licensee
				  is subject to an audit of the licensee's physical agent modalities
				  documentation by the Board before renewal of licensure.
D. An audited licensee shall successfully
				  complete the requirement of the audit by the specified deadline.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.07 - Sanctioning Guidelines › Section 10.46.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  shall be used by the Board and the Maryland Office of Administrative Hearings
				  as a framework for imposing discipline.
B. The Board and the Maryland Office of
				  Administrative Hearings shall take into consideration a range of activity
				  within certain types of conduct rather than assigning particular sanctions to
				  each specific violation.
C. The
				  Board shall complete a worksheet for each complaint considered by the Board
				  that is not initially closed.
D.
				  The Board is aware that there may be conduct by a licensee that does not fall
				  squarely within a particular grid contained in Regulation .06 of this chapter.
				  In that event the Board will so indicate on the worksheet and use its best
				  judgment to determine the appropriate sanction.
E. The Board and the Maryland Office of
				  Administrative Hearings shall make determinations that maximize the protection
				  of the public's health while maintaining the rights of licensees.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.07 - Sanctioning Guidelines › Section 10.46.07.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this chapter,
				  the following terms have the meanings indicated.
B. Terms Defined.
(1) "Board" means the Maryland State Board of
				  Occupational Therapy Practice.
(2)
				  "Conditions" means requirements in a public or non-public order that a licensee
				  is required to satisfy which include but are not limited to:
(a) Treatment and counseling for an emotional
				  or physical illness;
(b) Submission
				  to drug and alcohol testing;
(c)
				  Abstinence from specified drugs;
(d) Abstinence from alcohol;
(e) Remedial training;
(f) Inspection;
(g) Monitoring;
(h) Evaluation;
(i) Supervision;
(j) Testing of clinical skills;
(k) Submission of written reports;
(l) A demonstration of knowledge or
				  competency;
(m) Limitation of
				  practice;
(n) Limitation on the
				  administration of specified drugs to patients;
(o) The provision of pro bono occupational
				  therapy to the poor, elderly, or disabled;
(p) Obeyance of Maryland Occupational Therapy
				  Practice Act, federal, state, and local laws; and
(q) The payment of a civil penalty.
(3) "Conduct" means behavior or
				  action or a failure to behave or act that results in a violation of the
				  Maryland Occupational Therapy Practice Act or the regulations adopted by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.07 - Sanctioning Guidelines › Section 10.46.07.03 - Application

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  shall be used by the Board as a guide for sanctioning licensees in formal and
				  informal actions and proceedings.
B. Except as provided in Regulation .05 of
				  this chapter, the Board shall impose a sanction not less severe than the
				  minimum listed in Regulation .06 of this chapter, nor more severe than the
				  maximum listed in Regulation .06 of this chapter.
C. When conduct results in multiple
				  violations of the Maryland Occupational Therapy Practice Act and the
				  regulations adopted by the Board, the Board shall consider sanctions that are
				  greater than those imposed for a single violation.
D. This chapter is not applicable to
				  disciplinary matters reviewed by the Board that are initially closed.
E. Unless otherwise indicated, the period of
				  a suspension may be stayed in whole or in part.
F. A respondent placed on suspension or
				  probation shall have conditions attached to the suspension or probation which
				  focus on the conduct and steps needed to assure public protection.
G. Consent orders shall:
(1) Include an acknowledgement of the
				  violation or violations; and
(2)
				  Indicate that the respondent accepts personal responsibility for the
				  respondent's behavior.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.07 - Sanctioning Guidelines › Section 10.46.07.04 - Worksheet

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  complete a sanctions worksheet after considering each disciplinary
				  matter.
B. The sanctions worksheet
				  shall, at a minimum:
(1) Briefly summarize
				  the conduct that constituted the violation or violations meriting
				  action;
(2) Identify the severity
				  of the conduct;
(3) Describe other
				  factors that the Board considered in determining the recommended sanctions
				  imposed including but not limited to:
(a)
				  Aggravating factors as outlined in Regulation .05 of this chapter;
(b) Mitigating factors as outlined in
				  Regulation .05 of this chapter; and
(c) Prior disciplinary history; and
(4) Identify the recommended
				  sanctions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.07 - Sanctioning Guidelines › Section 10.46.07.05 - Aggravating and Mitigating Factors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Sanctions in a particular case may fall
				  outside the range of the sanctioning guidelines established by the
				  Board.
B. If the sanctions imposed
				  by the Board fall outside the range of the sanctioning guidelines the Board
				  shall state its reasons on its worksheet.
C. Depending on the facts and circumstances
				  of each case, and to the extent that the facts and circumstances apply, the
				  Board may consider the following aggravating and mitigating factors in
				  determining whether the sanction in a particular case should fall outside the
				  range of the sanctioning guidelines:
(1)
				  Aggravating factors:
(a) Previous criminal or
				  administrative discipline history;
(b) Whether the offense was committed
				  deliberately or with gross negligence or recklessness;
(c) Whether the offense has the potential
				  for, or caused, serious patient harm;
(d) Whether the offense was part of a pattern
				  of detrimental conduct;
(e) Whether
				  the respondent pursued the respondent's financial gain over the patient's
				  welfare;
(f) Whether the patient
				  was especially vulnerable;
(g)
				  Whether the respondent attempted to hide error or misconduct from patients or
				  others;
(h) Whether the respondent:
(i) Concealed, falsified, or destroyed
				  evidence; or
(ii) Presented false
				  testimony or evidence;
(i) Whether the respondent willfully and
				  without legal justification failed to cooperate with a lawful investigation
				  conducted by the Board; and
(j)
				  Whether previous attempts to rehabilitate the respondent were unsuccessful;
				  and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.08 - Teletherapy › Section 10.46.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of occupational therapy or limited occupational therapy
				  using telehealth as an adjunct to, or replacement for, in-person patient
				  visits.
B. Nothing in this chapter
				  restricts or limits reimbursement requirements pursuant to Health-General
				  Article and Insurance Article, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.08 - Teletherapy › Section 10.46.08.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  chapter, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Asynchronous" means not occurring in
				  real time.
(2) "Board" means the
				  Maryland Board of Occupational Therapy Practice.
(3) "In-person" means within the physical
				  presence of the patient.
(4)
				  "Synchronous" means occurring in real time.
(5) "Telehealth" has the meaning stated in
				  Health Occupations Article, §
											1-1001, Annotated
				  Code of Maryland.
(6) "Telehealth
				  practitioner" means:
(a) A Maryland licensed
				  occupational therapist or limited occupational therapist performing telehealth
				  services within their respective scope of practice; or
(b) An occupational therapist or limited
				  occupational therapist with a compact privilege in Maryland performing
				  telehealth services within their respective scope of
				  practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.08 - Teletherapy › Section 10.46.08.03 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of Health Occupations Article,
					 §
										10-301, Annotated
					 Code of Maryland, a telehealth practitioner shall be licensed in Maryland or
					 hold a compact privilege when providing telehealth services to a patient
					 located in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.08 - Teletherapy › Section 10.46.08.04 - Standards of Practice for Telehealth

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  providing telehealth services, a telehealth practitioner shall develop and
				  follow a procedure to:
(1) Verify the
				  identification of the patient receiving telehealth services through use of:
(a) A government-issued photograph
				  identification;
(b) An insurance,
				  Medicaid, or Medicare card; or
(c)
				  Documentation of the patient's:
(i) Date of
				  birth; and
(ii) Home
				  address;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.08 - Teletherapy › Section 10.46.08.05 - Patient Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  occupational therapist who practices telehealth shall:
(1) Perform a synchronous or asynchronous
				  clinical patient evaluation that is appropriate for the patient and the
				  condition with which the patient presents before providing a treatment plan
				  through telehealth; and
(2) If
				  clinically appropriate for the patient, provide or refer a patient to:
(a) In-person treatment; or
(b) Another type of telehealth
				  service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 46 - BOARD OF OCCUPATIONAL THERAPY PRACTICE › Chapter 10.46.08 - Teletherapy › Section 10.46.08.06 - Telehealth Practitioner Discipline

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall use the same standards of evaluating and investigating a complaint about
				  and in disciplining a telehealth practitioner who practices telehealth as it
				  would use for a licensee who does not use telehealth technology in the
				  licensee's practice.
B. The failure
				  of a telehealth practitioner to comply with this chapter shall constitute
				  unprofessional conduct and may be subject to disciplinary action by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth the requirements for certification
					 of drug and alcohol treatment programs.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.03 - Governance

Current through Register Vol. 51, No. 14, July 12, 2024
A. The program
				  shall:
(1) Have a governing body legally
				  responsible for overseeing the management and operation of the program and for
				  ensuring compliance with applicable laws and regulations by:
(a) Approving the program's:
(i) Mission;
(ii) Goals;
(iii) Policies and procedures;
(iv) Budget; and
(v) Program service plan;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.04 - Clinical Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Admission. The program:
(1) Shall upon
				  request for admission:
(a) Establish an
				  interview date that falls within 10 working days of the individual's initial
				  contact;
(b) Refer or recommend
				  another program to the individual; or
(c) Place the individual on a waiting
				  list;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.05 - Environmental Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Life
				  Safety Requirements. A program shall:
(1) Have
				  a facility free from fire hazards and have:
(a) Adequate smoke detectors;
(b) Working and updated fire
				  extinguishers;
(c) A written fire
				  evacuation plan; and
(d) A current
				  fire inspection certification;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.06 - Staff Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Administrator.
(1) A program shall have an
				  administrator.
(2) Qualifications.
				  The administrator shall:
(a) Possess a
				  working knowledge of all applicable State and federal laws;
(b) Possess a working knowledge of program
				  management skills;
(c) Be employed
				  as an administrator before October 1, 2002; or
(d) Have at a minimum:
(i) A bachelor's degree from an accredited
				  educational institution; and
(ii)
				  At least 5 years of documented experience in human services, 2 years of which
				  include providing administrative or clinical supervision.
(3) Duties. The administrator
				  shall ensure that the program complies with all applicable State and federal
				  laws.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.07 - Patient Rights and Grievance Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Patient Rights.
(1) A program shall:
(a) Treat each patient with consideration,
				  respect, and full recognition of the patient's human dignity and
				  individuality;
(b) Provide
				  treatment, care, and services that are adequate, appropriate, and in compliance
				  with relevant State, local, and federal laws and regulations;
(c) Prevent physical or mental abuse by the
				  program staff;
(d) Provide an
				  atmosphere free from discrimination;
(e) Not allow use of any physical
				  restraints;
(f) Ensure privacy and
				  confidentiality; and
(g) Allow the
				  patient the right to refuse participation in any experimental research unless
				  the research complies with 45 CFR Part 46.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.08 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program Records.
(1) A program shall either manually or
				  electronically maintain a record for each patient that includes, but is not
				  limited to:
(a) A patient identifier, which
				  may be a name, number, or an identifying code;
(b) Intake information, including the
				  patient's name, date of admission, summary of medical examinations, allergies
				  to medication, and laboratory reports;
(c) Assessments, individualized treatment
				  plans, progress notes, and consent to disclose information if needed;
(d) Documentation of each program contact
				  with the patient;
(e) Critical
				  incident reports documented on the day of the incident; and
(f) A discharge summary.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.08-1 - Outcome Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Administration shall annually evaluate all publicly funded substance abuse
				  treatment programs certified under this subtitle, using federal outcomes
				  measures or other subsequently adopted federal standards, to determine the
				  extent that individuals who have received treatment under these programs have:
(1) Been successfully retained in the
				  treatment program;
(2) Been
				  successfully discharged from the treatment program;
(3) Reduced their substance use;
(4) Successfully attained, maintained, or
				  increased their employment;
(5)
				  Demonstrated a decrease in engaging in criminal activity; and
(6) Successfully established or maintained
				  stable living arrangements.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.01 - Requirements › Section 10.47.01.09 - Referral Agreements and Program Cooperation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A program shall coordinate patient care
				  with other community service providers to ensure that the widest range of
				  appropriate services are available to patients.
B. Referral Agreements.
(1) A program shall establish referral
				  agreements with other human service agencies as required by COMAR
				  10.47.02.
(2) The program shall
				  make the referral agreements available to the Administration for
				  review.
(3) A program shall have
				  referral agreements with other programs for individuals with disabilities whom
				  the program may be unable to accommodate.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.02 - Specific Program Requirements › Section 10.47.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter sets forth additional requirements that a
					 program shall meet to be certified to offer a particular level of treatment.
					 The program shall meet the requirements of COMAR 10.47.01 and
					 10.47.03.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.02 - Specific Program Requirements › Section 10.47.02.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
In this chapter, terms have the meanings stated in COMAR
					 10.47.01.02C.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.02 - Specific Program Requirements › Section 10.47.02.03 - Early Intervention Level 0.5

Current through Register Vol. 51, No. 14, July 12, 2024
A. Prevention Program Description. The
				  prevention program shall treat patients who are, for a known reason, at risk
				  for developing alcohol or other drug abuse or dependence but for whom there is
				  not yet sufficient information to document alcohol or other drug abuse or
				  dependence.
B. Patients who are
				  appropriate for this level of treatment shall meet the current edition of the
				  American Society of Addiction Medicine Patient Placement Criteria for Level
				  0.5, or its equivalent as approved by the Administration.
C. Staffing. Services shall be provided by
				  appropriately credentialed staff as described in COMAR
				  10.47.01.06C.
D. Program services include:
(1) Assessments as described in COMAR
				  10.47.01.04C
				  within 2 weeks of admission;
(2) An
				  individualized treatment plan as described in COMAR
				  10.47.01.04C,
				  completed and signed by the alcohol and drug counselor and patient within 7
				  working days of the comprehensive assessment and updated every 90
				  days;
(3) Group or individual
				  counseling, or both, as clinically indicated;
(4) Family counseling, as clinically
				  indicated;
(5) Alcohol and drug
				  education; and
(6) Referral for
				  further assessment or to another level of treatment, as clinically
				  indicated.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.02 - Specific Program Requirements › Section 10.47.02.04 - Outpatient Services Level I

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Program Description. The program shall provide outpatient evaluation and
				  treatment to patients who require services for less than 9 hours weekly for
				  adults and 6 hours weekly for adolescents.
B. Patients who are appropriate for this
				  level of treatment shall:
(1) Meet the
				  current edition of the American Society of Addiction Medicine Patient Placement
				  Criteria for Level I, or its equivalent as approved by the Administration;
				  and
(2) Have a physical and
				  emotional status that allows them to function in their usual
				  environment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 47 - ALCOHOL AND DRUG ABUSE ADMINISTRATION › Chapter 10.47.02 - Specific Program Requirements › Section 10.47.02.05 - Intensive Outpatient Services Level II.1 and Partial Hospitalization Services Level II.5

Current through Register Vol. 51, No. 14, July 12, 2024
A. Program
				  Description. A program shall provide structured outpatient evaluation and
				  treatment to patients who require programming:
(1) From 9 to 20 hours weekly for adult
				  intensive outpatient services;
(2)
				  From 6 to 20 hours weekly for adolescent intensive outpatient services, based
				  on the adolescents' developmental and clinical needs; and
(3) From 20 to 35 hours weekly for adult and
				  adolescent partial hospitalization services.