reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.05 - The Counseling Relationship

Current through Register Vol. 51, No. 14, July 12, 2024
A. Client Welfare and Rights.
(1) A counselor shall:
(a) Inform clients of the purposes, goals,
				  techniques, procedures, limitations, potential risks, and benefits of services
				  to be performed;
(b) Explain to
				  clients the implications of diagnosis, the intended use of tests and reports,
				  fees, and billing arrangements;
(c)
				  Document attempts to inform other professional persons concurrently providing
				  mental health services to a client;
(d) Assist clients in making appropriate
				  arrangements for the continuation of treatment due to interruptions including
				  but not limited to vacations and extended illness; and
(e) Make appropriate referrals.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.06 - Fees and Bartering

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  counselor shall explain to a client, before entering the counseling
				  relationship, all financial arrangements related to professional services
				  including the use of collection agencies or legal measures for
				  nonpayment.
B. Except as provided
				  in §C of this regulation, a counselor may not accept goods or services
				  instead of monetary payment.
C. A
				  counselor may accept goods or services instead of monetary payment only if:
(1) The relationship is not
				  exploitative;
(2) The client
				  requests it;
(3) A clear written
				  contract is established; and
(4)
				  The arrangements are an accepted practice among professionals in the
				  community.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.07 - Advertising, Public Statements, and Media Presentations

Current through Register Vol. 51, No. 14, July 12, 2024
A. Advertising.
(1) A counselor may place advertisements with
				  directories, newspapers, periodicals, radio or television stations, or on the
				  internet.
(2) In placing
				  advertisements or making other types of public statements, a counselor shall
				  identify a counselor's credentials in a manner that is accurate and not false,
				  misleading, deceptive, or fraudulent.
(3) A counselor may not place advertisements
				  or make public statements that:
(a) Contain
				  false, fraudulent, misleading, deceptive, or unfair statements or
				  information;
(b) Contain partial
				  disclosures of relevant facts that misrepresent, mislead, or deceive;
(c) Contain information or facts intended or
				  likely to create false or unjustified expectations of favorable
				  results;
(d) Misrepresent, either
				  directly or by implication, a counselor's professional qualifications such as
				  education, experience, or areas of competence;
(e) Misrepresent, either directly or by
				  implication, a counselor's affiliations or the purposes or characteristics of
				  institutions or organizations with which a counselor is affiliated;
(f) Contain representations or implications
				  that in reasonable probability can be expected to cause an ordinary prudent
				  person to misunderstand or be deceived; or
(g) Contain representations that a counselor
				  is willing to perform any procedure that is illegal under federal or State laws
				  or regulations.
(4) If
				  advertising on the internet, a counselor shall ensure that the advertisement
				  contains the counselor's name, credentials, and certificate or license
				  number.
(5) In advertising
				  products, workshops, or training events, a counselor shall:
(a) Comply with this section; and
(b) Ensure that the information disclosed is
				  adequate for consumers to make informed choices.
(6) A counselor holding a doctoral degree in
				  a field other than counseling may not represent that doctoral degree as
				  relating to status or practice as a counselor.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.08 - Records, Confidentiality, and Informed Consent

Current through Register Vol. 51, No. 14, July 12, 2024
A. A counselor shall:
(1) Maintain the privacy and confidentiality
				  of a client and a client's records;
(2) Release mental health records or
				  information about a client only with a client's consent, or as permitted by
				  Health-General Article, Title 4, Subtitle 3, Annotated Code of
				  Maryland;
(3) Release alcohol and
				  substance abuse records or information about a client only with a client's
				  consent, or as permitted by State and federal law;
(4) Dispose of records in accordance with
				  Health-General Article, Title 4, Annotated Code of Maryland;
(5) Provide sufficient information to a
				  client to allow a client to make an informed decision regarding treatment,
				  including the following:
(a) The purpose and
				  nature of an evaluation or treatment process;
(b) Additional options to the proposed
				  treatment;
(c) Potential reactions
				  to the proposed treatment;
(d) The
				  estimated cost of treatment;
(e)
				  The right of a client to withdraw from treatment at any time, including the
				  possible risks that may be associated with withdrawal; and
(f) The right of a client to decline
				  treatment, if part or all of the treatment is to be recorded for research or
				  review by another person;
(6) Obtain full informed consent of a client
				  participating in a human research program; and
(7) Protect a client's autonomy and dignity
				  to decide whether to participate in a human research program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.09 - Sexual Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  counselor may not engage in sexual misconduct with a client or supervisee.
				  Sexual misconduct includes but is not limited to:
(1) Inappropriate sexual language;
(2) Sexual exploitation;
(3) Sexual harassment;
(4) Sexual behavior; and
(5) Therapeutic deception.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.10 - Physical Contact

Current through Register Vol. 51, No. 14, July 12, 2024
A. A counselor
				  engaging in nontraditional treatment modalities using physical contact with a
				  client shall document in a client's record:
(1) An assessment of a client;
(2) A written rationale for the use of the
				  physical contact treatment modality for a client; and
(3) A copy of the informed consent, signed
				  and dated by the client and the counselor which addresses:
(a) The risks and benefits of the physical
				  contact treatment modality;
(b) The
				  objective or objectives and intended outcome or outcomes of the proposed
				  treatment;
(c) Available
				  alternative interventions; and
(d)
				  A description of the physical contact which may be reasonably anticipated by a
				  client in the course of the proposed treatment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.11 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A counselor who
				  engages in sexual misconduct with a client or supervisee is subject to
				  sanctions by the Board.
B. A
				  sanction constitutes the minimum disciplinary measure and does not preclude the
				  Board from imposing additional penalties as it considers appropriate to an
				  individual case.
C. The Board shall
				  advise professional associations of a reprimand, suspension, or revocation of a
				  license or certificate on the grounds of sexual misconduct.
D. A counselor may not prohibit a client from
				  reporting sexual misconduct as a condition of settlement of a legal cause of
				  action.
E. A counselor who does not
				  comply with this chapter shall be in violation of Health Occupations Article,
				  §17-313, Annotated Code of Maryland, and subject to disciplinary
				  actions.
F. A lack of knowledge, or
				  misunderstanding of an ethical responsibility, is not a defense against a
				  charge of unethical conduct.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations apply to all formal hearings before the
					 Board of Examiners of Professional Counselors.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.02 - 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:
(1) Date, time, and place of the hearing;
				  and
(2) Issues or charges involved
				  in the proceeding, provided, however, that if by reason of the nature of the
				  proceeding, the issues cannot be stated in advance of the hearing, or if
				  subsequent amendment of the issues is necessary, they shall be fully stated as
				  soon as practicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.03 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
Each party appearing at a formal hearing 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 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.04 - Prehearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Discovery.
(1) Discovery on Request. By
				  written request served on the other party and filed with the Board, a party may
				  require another party to produce, within 15 days, the following:
(a) A list of witnesses to be
				  called;
(b) Copies of documents
				  intended to be produced at the hearing; or
(c) Both §A(1)(a) and (b) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.05 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board
				  Majority. Each hearing shall be held before not less than a quorum of the Board
				  unless the hearing authority is delegated pursuant to State Government Article,
				  §
										10-207, Annotated
				  Code of Maryland. A delegation of authority shall be subject to the provisions
				  of State Government Article, §
										10-212. If hearing
				  authority is not delegated, Board action shall be by a majority vote of those
				  Board members then serving on the Board.
B. Duties of Presiding Officer.
(1) The Chairman, or in the Chairman's
				  absence a member designated by the Chairman, shall be the presiding officer, or
				  if in a delegated hearing, an administrative law judge under State Government
				  Article, §§
											9-1601 -9-1610,
				  Annotated Code of Maryland, 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; and
(e)
				  Adjourn or recess the hearing from time to time.
(3) The presiding officer may set reasonable
				  time limits on arguments and presentation of evidence.
(4) The presiding officer shall be
				  responsible for decorum in hearings and can suspend the proceedings as
				  necessary to maintain decorum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.06 - Records and Transcript

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 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.07 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				  decision and order rendered by the Board shall be in writing and shall be
				  accompanied by findings of fact and conclusions of law.
B. A copy of the decision and order and
				  accompanying findings and conclusions shall be delivered or mailed promptly to
				  each party or attorney of record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.08 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party
				  aggrieved by the decision and order rendered may apply for rehearing within 10
				  days after service on the party 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 person affected for failure to comply with its terms.
C. The Board may 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 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.09 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
A person whose certificate has been revoked or suspended by
					 the Board, or a person placed on probation or reprimand under the regulations
					 in this chapter, may appeal the Board's decision as provided by the
					 law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.04 - Hearing Procedures › Section 10.58.04.10 - Summary Suspension of a License or Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to State Government Article,
				  § 10 - 226(c)(2), Annotated Code of Maryland, the Board may order the
				  summary suspension of a license holder if the Board determines that there is
				  substantial likelihood that a licensee or certificate holder poses a risk of
				  harm to the public health, safety, or welfare.
B. Notice of Intent to Summarily Suspend.
(1) Based on information gathered in an
				  investigation or otherwise provided to the Board, the Board may vote to issue:
(a) A notice of intent to summarily suspend a
				  license or certificate; or
(b) An
				  order of summary suspension.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all professional counselors and
					 therapists who wish to renew or reinstate their licensure or certification in
					 the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.02 - 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) "Accredited institution of higher
				  education" means a college or university accredited by a national or regional
				  accrediting body recognized by the Council on Post-Secondary
				  Accreditation.
(2) "Activity" means
				  any program, publication, course, institute, seminar, lecture, conference,
				  workshop, symposium, or professional meeting that meets the criteria and
				  objectives of continuing education.
(3) "Approved program" means an activity that
				  has been reviewed and approved by the Board for Category A credit.
(4) "Authorized sponsor" means an
				  organization or individual reviewed and authorized by the Board, or
				  automatically eligible, to present Category A programs.
(5) "Board" means the State Board of
				  Examiners of Professional Counselors and Therapists.
(6) "Committee" means the Advisory Committee
				  for Continuing Education, appointed by the Board, consisting of at least one
				  member of the Board.
(7)
				  "Continuing education" means additional professional activities beyond that
				  required for certification or licensure.
(8) "Continuing education unit (CEU)" means
				  60 minutes of activity that is approved by the Board to fulfill the continuing
				  education requirements.
(9)
				  "Course" means a series of meetings with defined content and systematic
				  presentation with an instructor, as an expert, who imparts information to the
				  participants.
(10) "Home study"
				  means independent study that:
(a) Is not
				  evaluated by a formal process documenting a minimum mastery of materials;
				  and
(b) Does not issue a
				  verification of program completion.
(11) "Renewal date" means the date upon which
				  a certificate or license expires, as specified in the notice sent to the
				  certified or licensed professional counselor by the Board in accordance with
				  Health Occupations Article, §§
											17-309(b)
				  and 17-3A-08(b), Annotated Code of Maryland.
(12) "Renewal period" means the 2-year period
				  immediately before the renewal date.
(13) "Seminar" means a meeting or meetings of
				  highly experienced participants or experts with an expert leader who conducts a
				  discussion on a specific topic.
(14) "Symposium" means a presentation or
				  presentations by two or more speakers with different views on a specific topic
				  and with a discussant who summarizes the issues.
(15) "Workshop" means a meeting or meetings
				  of general sessions and face-to-face groups with a leader, an expert in the
				  defined content area, who imparts information to participants who have ample
				  opportunity to interact.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.03 - Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. CEU
				  Requirements. The certificate or license holder shall complete a minimum of 40
				  CEUs in each renewal period, as follows:
(1)
				  At least 30 CEUs shall be in Category A activities and not more than 10 CEUs
				  may be in Category B activities; or
(2) All 40 CEUs may be in Category A
				  activities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.04 - Continuing Education Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. To qualify for approval by the Board,
				  continuing education activities shall employ didactic and experiential methods
				  to meet one of the following objectives:
(1)
				  Maintain professional competency;
(2) Increase professional skills and
				  knowledge;
(3) Prepare for new
				  roles or responsibilities in the practice of counseling or therapy;
				  or
(4) Expand the science of
				  counseling and therapy theory, method, or practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.05 - Categories of Continuing Education - Category A

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may approve the following
				  activities for CEUs in Category A:
(1)
				  Attending formally organized Category A programs as follows:
(a) The programs shall meet the following
				  criteria:
(i) The program is offered by a
				  sponsor approved by the Board to present Category A programs,
(ii) The program is intended for a
				  professional mental health audience,
(iii) The program has a stated purpose and
				  defined content area,
(iv)
				  Presenters are professionals qualified in the defined content area,
(v) The program's time period is clearly
				  stated,
(vi) Registration and
				  attendance is recorded by the program's sponsor,
(vii) Documentation of completion is
				  provided, and
(viii) Participants
				  are required to complete an evaluation of the program; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.06 - Categories of Continuing Education - Category B

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may approve the following
				  activities for CEUs in Category B:
(1)
				  Attendance at or presentation of informal courses, in-house colloquia, invited
				  speaker sessions, in-house seminars, and case conferences which are
				  specifically designed for training, teaching, or both;
(2) Attendance at or presentation of informal
				  non-publicized programs offered at professional or scientific meetings of
				  local, state, regional, national, and international professional or scientific
				  organizations; or
(3)
				  Individualized learning, such as receiving formal professional supervision
				  (except administrative supervision), participation in peer case conference or
				  peer supervision groups, and participation in distance learning programs with
				  evidence of appropriateness, minimum mastery of materials, and
				  completion.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.07 - Authorization of Sponsored Continuing Education Programs

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authorizing Sponsored Programs.
(1) The Board shall establish a committee to
				  advise the Board on continuing education.
(2) The committee shall evaluate and the
				  Board may authorize applicants to sponsor Category A programs.
(3) The committee may recommend Board
				  approval of programs by authorized sponsors for Category A according to the
				  objectives stated in Regulations .04A and .05 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.08 - Failure to Meet Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Reporting Requirements.
(1) The certificate holder or licensee shall
				  complete and submit a form attesting to satisfactory completion of the
				  continuing education requirements for each renewal.
(2) The certificate holder or licensee who is
				  audited shall provide full documentation of CEUs as set forth in Regulation
				  .03D of this chapter on a completed form provided by the Board.
(3) The Board shall audit a percentage of
				  certificate holders and licensees to be determined by the Board each renewal
				  period.
(4) A certificate holder or
				  licensee who fails to renew by the renewal date shall provide full
				  documentation as set forth in Regulation .03D of this chapter on a completed
				  form provided by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.09 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A. Within 1
				  calendar year after the certificate or license renewal date, the Board may
				  reinstate the certificate or license of a certificate holder or licensee
				  otherwise entitled to reinstatement under Health Occupations Article,
				  §§
										17-310(b)
				  and 17-3A-09(b), Annotated Code of Maryland, whose certificate or license was
				  not renewed due to failure to complete continuing education requirements for
				  renewal if the certificate holder or licensee:
(1) Completed within that year the minimum of
				  40 CEUs required during the prior renewal period as set forth in Regulation
				  .03A of this chapter; and
(2) Pays
				  to the Board a reinstatement fee set by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.05 - Continuing Education › Section 10.58.05.10 - Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. In
				  accordance with Health Occupations Article, §§
										17-310 and 17-3
				  A-09, Annotated Code of Maryland, a request to transfer a certificate or
				  license to inactive status shall be granted on written request and payment of
				  the fee set forth in COMAR 10.58.02.
B. The procedure as shown in §A of this
				  regulation may occur only if the certificate or license is still active at the
				  time application for inactive status is made.
C. A certificate holder or licensee on
				  inactive status seeking to be reinstated to active status shall be required, as
				  a condition of reinstatement, to submit proof of having completed:
(1) 40 Category A CEUs for 2 or less years of
				  inactive status; or
(2) 80 Category
				  A CEUs for 3 or more years of inactive status, at least 40 of which shall have
				  been obtained within the 2-year period immediately preceding the application
				  for reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.06 - Teletherapy › Section 10.58.06.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of counseling and therapy services in Maryland pursuant to
				  Health Occupations Article, Title 17, Annotated Code of Maryland, using
				  teletherapy as an adjunct to, or replacement for, in-person client visits.
B. Nothing in this chapter
				  changes, 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 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.06 - Teletherapy › Section 10.58.06.02 - 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 Professional Counselors and Therapists.
(3) "Client" means the individual, couple,
				  family, group, business, agency, school, organization, or association that the
				  counselor or therapist provides, or has provided, with professional
				  services.
(4) "Counselor or
				  therapist" means an individual who is licensed or certified by the Board to
				  practice:
(a) Certified associate alcohol and
				  drug counseling;
(b) Certified
				  professional counseling;
(c)
				  Certified professional alcohol and drug counseling;
(d) Certified professional marriage and
				  family therapy;
(e) Certified
				  supervised alcohol and drug counseling;
(f) Clinical marriage and family
				  therapy;
(g) Clinical professional
				  alcohol and drug counseling;
(h)
				  Clinical professional art therapy;
(i) Clinical professional
				  counseling;
(j) Graduate alcohol
				  and drug counseling;
(k) Graduate
				  marriage and family therapy;
(I)
				  Graduate professional art therapy; or
(m) Graduate professional
				  counseling.
(5)
				  "In-person" means within the physical presence of the client.
(6) "Synchronous" means occurring in real
				  time.
(7) "Teletherapy" means
				  telehealth as defined in Health Occupations Article, §
											1-901, Annotated
				  Code of Maryland.
(8) "Teletherapy
				  practitioner" means:
(a) A Maryland licensed
				  individual authorized to provide counseling and therapy services pursuant to
				  Health Occupations Article, Title 17, Annotated Code of Maryland, who performs
				  teletherapy services within their respective scope of practice; or
(b) A professional counselor with a compact
				  privilege in Maryland who performs telehealth services within their respective
				  scope of practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.06 - Teletherapy › Section 10.58.06.03 - Licensure and Certification

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of Health Occupations Article,
					 Title 17, Subtitles 3 and 4, Annotated Code of Maryland, in order to practice
					 teletherapy a teletherapy practitioner shall be licensed in Maryland or hold a
					 compact privilege in Maryland when providing teletherapy services to a client
					 located in the State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.06 - Teletherapy › Section 10.58.06.04 - Standards of Practice for Teletherapy

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  providing teletherapy services, a teletherapy practitioner shall develop and
				  follow a procedure to:
(1) Verify the
				  identification of the client receiving teletherapy services through the use of:
(a) A government-issued photograph
				  identification;
(b) An insurance,
				  Medicaid, or Medicare card; or
(c)
				  Documentation of the client's:
(i) Date of
				  birth; and
(ii) Home address;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.06 - Teletherapy › Section 10.58.06.05 - Client Evaluation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A teletherapy
				  practitioner shall:
(1) Perform a
				  synchronous or asynchronous clinical client evaluation that is appropriate for
				  the client and the condition with which the client presents before providing
				  treatment or services through teletherapy; and
(2) If clinically appropriate for the client,
				  provide or refer a client to:
(a) In-person
				  treatment; or
(b) Another type of
				  teletherapy service.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.06 - Teletherapy › Section 10.58.06.06 - Teletherapy Practitioner Discipline

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall use the same standards in evaluating and investigating a complaint and
				  disciplining an individual authorized to practice pursuant to Health
				  Occupations Article, Title 17, Annotated Code of Maryland, who practices
				  teletherapy as it would use for an individual authorized to practice pursuant
				  to Health Occupations Article, Title 17, Annotated Code of Maryland, who does
				  not use teletherapy technology in their counseling or therapy
				  practice.
B. The failure of a
				  teletherapy 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 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to alcohol and drug counselors and
					 alcohol and drug trainees in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.02 - 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) " Accredited educational institution"
				  means a Board-approved college or university that is accredited by a national
				  or regional accrediting body recognized by the Council on Post-Secondary
				  Accreditation or through one of the following bodies recognized by the U.S.
				  Department of Education:
(a) The Middle
				  States Association of Colleges and Schools - the Commission on Higher
				  Education;
(b) The New England
				  Association of Schools and Colleges;
(c) The North Central Association of Schools
				  and Colleges;
(d) The Northwest
				  Association of Schools and of Colleges and Universities;
(e) The Southern Association of Colleges and
				  Schools; or
(f) The Western
				  Association of Colleges and Schools.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.03 - Application Process for Certification, Licensure, and Trainee Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  obtain a certificate or license or to be eligible for trainee status, an
				  applicant shall:
(1) Complete and return the
				  Board-approved application;
(2)
				  Submit an official transcript from an accredited educational institution
				  indicating the:
(a) Completion of the highest
				  degree attained; and
(b) Course
				  work required for:
(i) Licensure;
(ii) Certification; or
(iii) Trainee status;
(3) Pay all applicable fees set
				  forth in COMAR 10.58.02;
(4) Submit
				  to a criminal history background check in accordance with Health Occupations
				  Article, §
											17-501.1,
				  Annotated Code of Maryland;
(5) Be
				  of good moral character; and
(6) Be
				  at least 18 years old.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.04 - Licensed Graduate Alcohol and Drug Counselors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of Practice. The scope of practice
				  for a licensed graduate alcohol and drug counselor includes the following
				  activities to be performed under the clinical supervision of an approved
				  alcohol and drug counselor supervisor:
(1)
				  Clinical evaluation, including screening, assessment, and diagnosis for mental
				  health disorders;
(2) Treatment
				  planning for mental health disorders, including initial, ongoing, continuity of
				  care, discharge, and planning for relapse prevention;
(3) Referral;
(4) Service coordination and case
				  management;
(5) Counseling,
				  therapy, and trauma informed care with individuals, couples, families and
				  groups;
(6) Client, family, and
				  community education;
(7)
				  Documentation; and
(8) Professional
				  and ethical responsibilities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.05 - Licensed Clinical Alcohol and Drug Counselors

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of Practice. The scope of practice
				  of a licensed clinical alcohol and drug counselor includes the following
				  activities:
(1) Clinical evaluation,
				  including screening, assessment, and diagnosis for mental health
				  disorders;
(2) Treatment planning
				  for mental health and substance use disorders, including initial, ongoing,
				  continuity of care, discharge, and planning for relapse prevention;
(3) Referral;
(4) Service coordination and case
				  management;
(5) Counseling,
				  therapy, and trauma-informed care with individuals, couples, families, and
				  groups;
(6) Client, family, and
				  community education;
(7)
				  Documentation;
(8) Professional and
				  ethical responsibilities; and
(9)
				  Supervisory responsibilities for all categories of licensed and certified
				  alcohol and drug counselors or trainees.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.06 - Certified Professional Counselor-Alcohol and Drug

Current through Register Vol. 51, No. 14, July 12, 2024
A. The scope of practice for a certified
				  professional counselor-alcohol and drug consists of the following activities:
(1) Biopsychosocial evaluation, including
				  screening, assessment, and participating in the development of diagnostic
				  impressions for SUDs and CODs;
(2)
				  Treatment planning for SUDs and CODs, including initial, ongoing, continuity of
				  care, discharge, and planning for relapse prevention;
(3) Referral;
(4) Service coordination and case management
				  in the areas of SUDs and CODs;
(5)
				  Counseling, therapy, and trauma-informed care with individuals, families, and
				  groups in the areas of SUDs and CODs;
(6) Client, family, and community
				  education;
(7)
				  Documentation;
(8) Professional and
				  ethical responsibilities; and
(9)
				  Supervisory responsibilities for all categories of certified alcohol and drug
				  counselors or trainees in the certification track.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.07 - Certified Associate Counselor-Alcohol and Drug

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of Practice. The scope of practice
				  of a certified associate counselor - alcohol and drug consists of the following
				  activities, performed in accordance with §B of this regulation:
(1) Biopsychosocial evaluation, including
				  participating in the development of diagnostic impressions for SUDs or
				  Screening, Brief Intervention, and Referral to Treatment (SBIRT);
(2) Treatment planning for SUDs and CODs,
				  including initial, ongoing, continuity of care, discharge, and planning for
				  relapse prevention;
(3)
				  Referral;
(4) Service coordination
				  and case management for SUDs and CODs;
(5) Counseling, therapy, and trauma informed
				  care, with individuals, couples, families, and groups;
(6) Client, family, and community
				  education;
(7) Documentation;
				  and
(8) Complying with:
(a) Professional and ethical
				  responsibilities; and
(b)
				  Supervisory responsibilities for a certified associate counselor - alcohol and
				  drug, certified supervised counselor - alcohol and drug, or a trainee seeking
				  certification, provided that the certified associate counselor - alcohol and
				  drug has been approved as a supervisor by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.08 - Certified Supervised Counselor-Alcohol and Drug

Current through Register Vol. 51, No. 14, July 12, 2024
A. Scope of Practice. The scope of practice
				  for a certified supervised counselor-alcohol and drug consists of the following
				  activities, performed in accordance with §B of this regulation:
(1) Participating in the development of
				  diagnostic impressions for SUDs and CODs, as:
(a) Confirmed by an approved alcohol and drug
				  counselor supervisor; and
(b)
				  Documented by signature and credentials;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.09 - Alcohol and Drug Trainees

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Scope of Practice. The scope of practice of an alcohol and drug trainee shall
				  be limited to the following activities under an approved alcohol and drug
				  counselor supervisor:
(1) Biopsychosocial
				  evaluation, including screening, assessment, and diagnostic impressions for
				  SUDs and CODs;
(2) Treatment
				  planning for SUDs and CODs, including initial, ongoing, continuity of care,
				  discharge, and planning for relapse prevention;
(3) Referral;
(4) Service coordination and case management
				  in the areas of SUDs and CODs;
(5)
				  Counseling, therapy, and trauma informed care with individuals, couples,
				  families and groups in the areas of SUDs and CODs;
(6) Client, family, group, and community
				  education;
(7) Documentation;
				  and
(8) Compliance with
				  professional and ethical responsibilities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.10 - Licensure Eligibility: Out-of-State Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant licensed as a clinical
				  alcohol and drug counselor or its equivalent, as established by the Board, in
				  another state, territory, or jurisdiction is eligible for licensure if the
				  applicant:
(1) Provides:
(a) A completed Board-approved
				  application;
(b) Documentation or
				  transcripts confirming completion of one of the following from an accredited
				  educational institution:
(i) A master's or
				  doctoral degree in a health and human services counseling field; or
(ii) A master's degree and confirmation of
				  the completion of a program of studies determined by the Board to be
				  substantially equivalent in subject matter with a minimum of 60 credit hours in
				  counseling, including the required alcohol and drug course work for the
				  license, as specified in Regulation .04B of this chapter;
(c) A copy of a current license from each
				  state, territory, or jurisdiction in which the applicant has been licensed,
				  registered, or otherwise authorized to practice alcohol and drug
				  counseling;
(d) Documentation,
				  satisfactory to the Board, that the applicant is currently licensed in good
				  standing to practice alcohol and drug counseling in another state, territory,
				  or jurisdiction; and
(e)
				  Verification that the applicant has:
(i) No
				  history of disciplinary action, past or pending, in a state, territory, or
				  jurisdiction in which the applicant holds a license to practice clinical
				  alcohol and drug counseling; and
(ii) Not committed any act or omission that
				  would be grounds for discipline or denial of licensure under Health Occupations
				  Article, §
													17-509, Annotated
				  Code of Maryland;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.07 - Alcohol and Drug Counselors -Requirements for Certification and Licensure › Section 10.58.07.11 - Certification Eligibility - CAC-AD - Out-of-State Applicants

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant certified as a certified
				  associate counselor-alcohol and drug or its equivalent, as established by the
				  Board, in another state, territory, or jurisdiction is eligible for
				  certification if the applicant:
(1) Provides:
(a) A completed Board-approved
				  application;
(b) Documentation or
				  transcripts confirming completion of one of the following from an accredited
				  educational institution:
(i) A bachelor's
				  degree in a health and human services counseling field; or
(ii) A bachelor's degree and confirmation of
				  the completion of a program of studies determined by the Board to be
				  substantially equivalent in subject matter with a minimum of 45 credit hours in
				  counseling, including the required alcohol and drug course work for the
				  certificate, as specified in Regulations .07 and .08 of this chapter;
(c) A copy of a current
				  certification from each state, territory, or jurisdiction, in which the
				  applicant has been certified or otherwise authorized to practice alcohol and
				  drug counseling;
(d) Documentation,
				  satisfactory to the Board, that the applicant is currently certified in good
				  standing to practice alcohol and drug counseling in another state, territory,
				  or jurisdiction; and
(e)
				  Verification that the applicant has:
(i) No
				  history of disciplinary action, past or pending, in a state, territory, or
				  jurisdiction in which the applicant holds a certificate to practice alcohol and
				  drug counseling; and
(ii) Not
				  committed any act or omission that would be grounds for discipline or denial of
				  certification under Health Occupations Article, §
													17-509, Annotated
				  Code of Maryland;