reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.06 - Continuing Education Requirements › Section 10.42.06.06 - Reporting, Documenting, and Auditing Compliance with Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A social
				  worker who has completed the continuing education requirements shall attest to
				  that on a form supplied by the Board as part of the application for license
				  renewal, reinstatement, or reactivation.
B. The Board shall audit a percentage of
				  social workers, to be selected by the Board, for each renewal period.
C. On request by the Board, a social worker
				  shall provide full documentation of the continuing education units completed in
				  accordance with the requirements of §D of this regulation.
D. Documentation.
(1) A social worker shall provide to the
				  Board:
(a) An official transcript for
				  continuing education units earned in a course taken for academic
				  credit;
(b) A certificate of
				  completion for approved programs;
(c) If a certificate of completion is not
				  available, the following documentation, which may earn Category II continuing
				  education units:
(i) Date, location, and
				  proof of attendance of 'the program presented;
(ii) Names and credentials of the
				  presenters;
(iii) Agenda, learning
				  objectives, and topics presented; and
(iv) An outline of the
				  presentation;
(d) A
				  reprint of the social worker's completed publication;
(e) If a certificate of completion is not
				  available for an audiovisual instructional program or a home study course,
				  proof of completion of the program or course, such as a post-test passing score
				  or other satisfactory proof as determined by the Board;
(f) Proof of presentations made;
				  and
(g) Topics, dates, times, names
				  of participants, location, and continuing education units earned on official
				  letterhead in structured peer-case conferences and journal club
				  activities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.06 - Continuing Education Requirements › Section 10.42.06.07 - Consequences of Failure to Comply with Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall take disciplinary action under COMAR 10.42.04 against any social worker
				  who fraudulently attests to or does not submit continuing education
				  documentation.
B. A social worker
				  who fails to complete the continuing education requirements within the time
				  frame specified under Regulation .03 of this chapter may be subject to informal
				  or formal discipline.
C. A social
				  worker who fails to meet the continuing education requirements may not be
				  issued a license renewal.
D. The
				  Board shall notify a social worker by electronic mail and first-class mail that
				  the license has not been renewed if the following has occurred:
(1) The Board has not received the required
				  certification of completion of continuing education requirements by October 31
				  of the renewal year;
(2)
				  Continuing education requirements have not been met; or
(3) The social worker has not responded to
				  audit requirements within the time required.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.06 - Continuing Education Requirements › Section 10.42.06.08 - Reinstatement of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
An individual whose license has not been renewed is
					 entitled to reinstatement within 5 years if the following is completed on or
					 before October 31 of the 5th year after the date the license expired:
A. All required documentation is submitted
				  and approved by the Board;
B. The
				  reinstatement fee established by the Board is paid, as provided in COMAR
				  10.42.05.02; and
C. The individual has met all continuing
				  education requirements by obtaining 40 (30 for Licensed Bachelor Social
				  Workers) continuing education units in the 2 years preceding the individual's
				  application for reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.06 - Continuing Education Requirements › Section 10.42.06.09 - Reactivation of Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
An individual whose license was placed on inactive status
					 is entitled to reactivation within 5 years if the following is completed on or
					 before October 31 of the 5th year after the date the license was placed on
					 inactive status:
A. All required
				  documentation is submitted and approved by the Board;
B. The reactivation fee established by the Board is
				  paid, as provided in COMAR
				  10.42.05.02; and
C. The individual has met all continuing
				  education requirements by obtaining 40 (30 for Licensed Bachelor Social
				  Workers) continuing education units in the 2 years preceding the individual's
				  application for reactivation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.06 - Continuing Education Requirements › Section 10.42.06.10 - Extension of Time

Current through Register Vol. 51, No. 14, July 12, 2024
A. An actively
				  licensed social worker may file a request to extend time and conditionally
				  renew a license. The request shall:
(1) Be in
				  writing;
(2) Include supporting
				  documentation; and
(3) Be filed
				  before October 1 of the renewal year.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.06 - Continuing Education Requirements › Section 10.42.06.11 - Exceptions from Certain Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  attending a program, a social worker with an active license requesting an
				  exception from certain requirements of this chapter shall provide:
(1) Official documentation that confirms
				  circumstances beyond the control of the social worker because of:
(1) A functional impairment or prolonged
				  illness that has been diagnosed by a health care practitioner;
(2) Mandatory military service or
				  deployment;
(3) A prolonged absence
				  from the United States;
(4) An
				  officially declared State of Emergency or disaster, or
(5) Financial hardship;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.07 - Compelling Purpose Disclosure › Section 10.42.07.01 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
The custodian of the records may find that a compelling
					 public purpose warrants disclosure of information in a certification,
					 licensing, or investigative file, regardless of whether there has been a
					 request for the information, and may disclose the information if the
					 information concerns:
A. Possible
				  criminal activity, and is disclosed to a federal, state, or local law
				  enforcement or prosecutorial official or authority;
B. A possible violation of law and is
				  disclosed to a federal, state, or local authority that has jurisdiction over
				  the individual whose conduct may be a violation, and the information disclosed
				  is limited to that information relevant to the possible violation by that
				  individual; or
C. Conduct by an
				  individual which the custodian of the records reasonably believes may pose a
				  risk to the public health, safety, or welfare, and is disclosed to a law
				  enforcement authority, administrative official, or agency that regulates the
				  individual, or to a hospital or other health care facility where the individual
				  has privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.07 - Compelling Purpose Disclosure › Section 10.42.07.02 - Other Disclosures

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter does not prohibit or limit the ability of the
					 Board to disclose general licensing information under State Government Article,
					 §
										10-617(h),
					 Annotated Code of Maryland, or any information that the Board may otherwise
					 disclose by law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  establishes qualifications and standards for independent practice, supervision
				  and the responsibilities of supervisors and supervisees in the practice of
				  social work.
B. This chapter
				  applies to licensees who practice social work in this State, and individuals
				  applying for licensure to practice social work in this State.
C. Except as otherwise specified in this
				  chapter, this chapter does not apply to personnel or management practices
				  associated with employment or contractual relationships.
D. Nothing in this chapter may be construed
				  to prohibit an
(1) Employer from requiring
				  supervision of a licensed bachelor social worker (LBSW), licensed certified
				  social worker (LCSW), licensed certified social worker-clinical (LCSW-C), or
				  licensed master social worker (LMSW) who is approved to engage in independent
				  practice; or
(2) LBSW independent
				  practitioner, LMSW independent practitioner, LCSW, or LCSW-C from providing
				  supervision to licensed social work employees who are not pursuing advanced
				  licensure or independent practitioner designation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.02 - 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) "Agency" means an entity that employs
				  three or more licensees and for which the licensees practice social
				  work.
(2) "Board-approved
				  supervisor" means an LBSW, LCSW, LCSW-C, or LMSW approved by the Board to
				  supervise social workers as set forth in this chapter.
(3)
				  Face-to-Face.
(a) "Face-to-face" means in the
				  physical presence of or electronic presence of the individuals involved in the
				  supervisory relationship during either individual or group
				  supervision.
(b) "Face-to-face"
				  includes:
(i) Secure
				  video conferencing; or
(ii)
				  Real-time communication with both parties in each other's physical
				  presence.
(c)
				  "Face-to-face" does not include:
(i)
				  Telephone supervision;
(ii) Written
				  communication via the internet; or
(iii) Technological communication that is not
				  visual.
(4) "Independent practice " means to practice
				  bachelor social work or master social work without the requirement of
				  supervision by a social worker.
(5)
				  "Relative" means a:
(a) Spouse;
(b) Parent or stepparent;
(c) Sibling or stepsibling;
(d) Child, stepchild, foster child, or
				  ward;
(e) Mother-in-law or
				  father-in-law;
(f) Son-in-law or
				  daughter-in-law;
(g)
				  Grandparent;
(h)
				  Grandchild;
(i) Aunt; or
(j) Uncle.
(6) "Supervision" means a formalized
				  professional relationship between a supervisor and supervisee in which the
				  supervisor directs, monitors, and evaluates the supervisee's social work
				  practice while promoting development of the supervisee's knowledge, skills, and
				  abilities to provide social work services in an ethical and competent
				  manner.
(7) "Supervision training" means a course or program
				  designed to provide information regarding the supervision process utilized by
				  social workers in a variety of settings as set forth in regulation .04B(1) of
				  this chapter.
(8)
				  "Written contract" for advanced licensure or independent practice means an
				  agreement, on a form provided by the Board and initiated before beginning
				  supervision, between the supervisee, the Board-approved supervisor and
				  administrator that details the scope of supervision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.03 - Requirements for a Board-Approved Social Work Supervisor

Current through Register Vol. 51, No. 14, July 12, 2024
A. A social worker who intends to provide
				  supervision to a licensed social worker for independent practice:
(1) Shall apply to the Board for approval as
				  a Board-approved supervisor; and
(2) May continue to provide supervision
				  without Board approval until January 1, 2021.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.04 - Qualifications for a Board-Approved Supervisor

Current through Register Vol. 51, No. 14, July 12, 2024
A. License.
(1) For social workers licensed by the
				  Maryland Board of Social Work Examiners a supervisor shall hold an active
				  license as a:
(a) Bachelor Social Worker
				  (LBSW);
(b) Certified Social Worker
				  (LCSW);
(c) Certified Social
				  Worker-Clinical (LCSW-C); or
(d)
				  Masters social worker (LMSW).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.05 - Registration

Current through Register Vol. 51, No. 14, July 12, 2024
A. A supervisor
				  shall:
(1) Have filed with the Board the form
				  designated as the supervisory registration form;
(2) Have a license that is unencumbered and
				  without restrictions or conditions due to disciplinary action for the 5 years
				  preceding supervisor status;
(3)
				  Have been approved as a supervisor by the Board; and
(4) Have established and maintained a written
				  contract, on a form provided by the Board prior to initiating supervision for
				  advanced licensure and independent practice in order to provide supervision
				  with the supervisee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.06 - Standards for Supervision

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  supervisor shall:
(1) Supervise only in those
				  areas within the supervisor's competence as determined by education, training,
				  and experience;
(2) Provide
				  supervision appropriate to the particular level of licensure being applied for
				  or maintained;
(3) Instruct and
				  provide role modeling in the general content areas established in Health
				  Occupations Article, §
											19-101(m),
				  Annotated Code of Maryland; and
(4)
				  Ensure that a supervisee has read and is knowledgeable about Health Occupations
				  Article, Title 19, Annotated Code of Maryland, and COMAR
				  10.42.01-10.42.08.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.07 - Responsibilities of a Supervisor

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  social work supervisor shall be Board-approved before providing supervision to
				  licensed social workers for advanced practice or independent
				  practice.
B. A Board-approved
				  supervisor shall remain knowledgeable of the statutes and regulations as set
				  forth in Health Occupations Article, Title 19, Annotated Code of Maryland and
				  COMAR 10.42.01-10.42.09.
C. A
				  supervisor shall:
(1) Ensure that a
				  supervisee is practicing within the scope of the supervisee's
				  license;
(2) Determine the skill
				  level at which the supervisee may practice;
(3) Focus on raw data from the supervisee's
				  social work practice;
(4) Maintain
				  documentation, for at least 5 years, of the supervisory sessions, including the
				  dates, duration, and focus of the supervisory sessions;
(5) Provide or ensure that a supervisee
				  receives a minimum of 3 hours of face-to-face supervision per month or 1 hour
				  of face-to-face supervision for every 40 hours worked;
(6) Ensure that a supervisee has read and is
				  knowledgeable about Health Occupations Article, Title 19, Annotated Code of
				  Maryland, and COMAR 10.42.01- 10.42.09;
(7) Within a reasonable period of time before
				  termination of supervision, provide the supervisee and employer with a notice
				  of termination to avoid or minimize any harmful effect on the supervisee's
				  clients or patients;
(8) At the
				  time of license renewal, demonstrate to the Board completion of 3 of the
				  required Category I or Category II continuing education units in a content area
				  focusing on supervision training as stipulated in Regulation .04A(2)(c) of this
				  chapter;
(9) Establish a written
				  contract, on the form provided by the Board, for advanced licensure or
				  independent practice, initiated before beginning supervision;
(10) Provide for emergency supervision and
				  direction to a supervisee by a Board-approved supervisor;
(11) Complete the supervision verification
				  form;
(12) Provide a written
				  evaluation of the supervisee's progress to the supervisee every 6
				  months;
(13) Provide a copy of the
				  documentation required by Regulation .04 of this chapter:
(a) On request by the supervisee;
				  and
(b) On request, by the Board or
				  its authorized agent; and
(14) Comply with a Board audit of a
				  supervisor's compliance with regard to the supervision requirements and
				  supervisory responsibilities.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.08 - Responsibilities of a Supervisee

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  supervisee shall:
(1) Receive social work
				  supervision for social work practice as set forth in Health Occupations
				  Article, §
											19-101, Annotated
				  Code of Maryland;
(2) Receive a
				  minimum of 3 hours of face-to-face supervision per month or 1 hour of
				  face-to-face supervision for every 40 hours worked;
(3) Prepare for supervision using case
				  materials related to the supervisee's social work practice;
(4) Maintain documentation, for at least 5
				  years, of the supervisory sessions, including the dates, duration, and focus of
				  the supervisory sessions;
(5)
				  Establish a written contract, on a form provided by the Board, for advanced
				  licensure or independent practice, initiated before beginning supervision;
				  and
(6) Attend and participate in
				  supervision as agreed upon in the written contract for advanced licensure or
				  independent practice; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.09 - Group Supervision for Advanced Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. Group supervision is an optional form of
				  supervision and may not be used as the sole form of supervision.
B. Only half of the required hours of
				  supervision may be obtained from group supervision.
C. The group supervisor shall provide
				  supervision to not more than six supervisees at any time.
D. A group supervisor shall comply with the
				  requirements of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.10 - Status of Independent Practice

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall maintain an indication that the licensee is
					 approved for independent practice on its roster of licensees on the web
					 site.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.08 - Supervision › Section 10.42.08.11 - Status of Board-Approved Supervisor

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall maintain an indication that the licensee is
					 a Board-approved supervisor on its roster of licensees on the web
					 site.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.42.09.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for sanctions and
					 monetary penalties not exceeding $10,000 against any social worker in the State
					 if, after a hearing, the Board finds that there are grounds under Health
					 Occupations Article, §
										19-311.1,
					 Annotated Code of Maryland, to impose a sanction or monetary
					 penalty.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.42.09.02 - 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 State Board of Social
				  Work Examiners.
(2) "License" means
				  a license issued by the Board to practice social work.
(3) "Licensee" means a social worker who is
				  licensed by the Board to practice social work.
(4) "Penalty" means monetary
				  penalty.
(5) "Sanction" means a
				  formal disciplinary action against a license such as a reprimand, probation,
				  suspension or revocation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.42.09.03 - Imposition of a Penalty after a Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
If, after a hearing under Health Occupations Article,
					 §
										19-312, Annotated
					 Code of Maryland, the Board finds that there are grounds under Health
					 Occupations Article, §
										19-311, Annotated
					 Code of Maryland, to suspend or revoke a license, the Board may impose a
					 penalty as set forth in this chapter:
A. Instead of, or in addition to, suspending
				  the license; or
B. In addition to
				  revoking the license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.42.09.05 - Mitigating and Aggravating Factors to be Considered in the Assessment of the Sanction

Current through Register Vol. 51, No. 14, July 12, 2024
Depending on the facts and circumstances of each case, and
					 to the extent that they 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 sanctions established by the guidelines. These
					 factors may include, but are not limited to, the following:
A. Mitigating Factors:
(1) The licensee's lack of a prior
				  disciplinary record;
(2) The
				  licensee self-reported the violation to the Board;
(3) The licensee's full and voluntary
				  admissions of misconduct to the Board and cooperation during Board
				  proceedings;
(4) Implementation of
				  remedial measures to correct or mitigate harm arising from the
				  misconduct;
(5) Timely good-faith
				  effort to make restitution or to rectify consequences of misconduct;
(6) Evidence of rehabilitation or
				  rehabilitative potential;
(7)
				  Absence of premeditation to commit the misconduct;
(8) Absence of potential harm to public or
				  adverse impact; and
(9) The
				  licensee's conduct was an isolated incident and not likely to recur.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.42.09.06 - Payment of Penalty

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				  shall pay to the Board a penalty imposed under this chapter as of the date the
				  Board's order is issued, unless the Board's order specifies
				  otherwise.
B. Filing an appeal
				  under State Government Article, §
										10-222, Annotated
				  Code of Maryland, or Health Occupations Article, §
										19-313, Annotated
				  Code of Maryland, does not automatically stay payment of a penalty imposed by
				  the Board under this chapter.
C. If
				  a licensee fails to pay, in whole or in part, a penalty imposed by the Board
				  under this chapter, the Board may not restore, reinstate, or renew a license
				  until the penalty has been paid in full.
D. In its discretion, the Board may refer all
				  cases of delinquent payment to the Central Collection Unit of the Department of
				  Budget and Management to institute and maintain proceedings to ensure prompt
				  payment.
E. The Board shall pay all
				  monies collected under this chapter into the State's General Fund.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.09 - Disciplinary Sanctions and Monetary Penalties › Section 10.42.09.07 - Civil Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  may impose a civil fine of no less than $1,000 and no more than $50,000 against
				  an individual who:
(1) Practices social work
				  without a license in violation of Health Occupations Article, §
											19-311, Annotated
				  Code of Maryland: or
(2)
				  Misrepresents or implies to the public use of protected titles in violation of
				  Health Occupations Article, §
											19-402, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.10 - Teletherapy › Section 10.42.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the practice of social work using teletherapy as an adjunct to, or
				  replacement for, in-person client visits.
B. Nothing in this chapter restricts or
				  limits reimbursement requirements pursuant to the Health-General Article and
				  Insurance Article, Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.10 - Teletherapy › Section 10.42.10.02 - 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 Social Work Examiners.
(3) "Client" means the individual, couple,
				  family, group, business, agency, school, organization, or association that the
				  licensed social worker provides, or has provided, with professional
				  services.
(4) "In-person" means
				  within the physical presence of the client.
(5) "Synchronous" means occurring in real
				  time.
(6) "Teletherapy" means
				  telehealth as defined in Health Occupations Article, §
											1-901, Annotated
				  Code of Maryland.
(7) "Teletherapy
				  practitioner" means a Maryland licensed social worker performing teletherapy
				  services within their respective scope of practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.10 - Teletherapy › Section 10.42.10.03 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the provisions of Health Occupations Article,
					 Title 19, Subtitle 3, Annotated Code of Maryland, in order to practice
					 teletherapy a teletherapy practitioner shall be licensed 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 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.10 - Teletherapy › Section 10.42.10.04 - 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 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.10 - Teletherapy › Section 10.42.10.05 - 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 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.10 - Teletherapy › Section 10.42.10.06 - 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 a licensee who practices teletherapy as it would use for a
				  licensee who does not use teletherapy technology in the licensee's
				  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 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.01 - General Regulations › Section 10.43.01.01 - Rules of Order

Current through Register Vol. 51, No. 14, July 12, 2024
All proceedings of the Board in regular session shall be
					 governed by Robert's Rules of Order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.01 - General Regulations › Section 10.43.01.02 - Board Officers, Members, and Staff

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall, as the appointing
				  authority, direct the operation of the staff through the executive
				  director.
B. Board members may not
				  have monetary, pecuniary, or other interest in the affairs of any:
(1) Staff member; or
(2) Organization engaged in business with the
				  Board, including:
(a) Businesses;
(b) Enterprises; or
(c) Other for-profit organizations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.01 - General Regulations › Section 10.43.01.03 - Preliminary Educational Qualifications Credits

Current through Register Vol. 51, No. 14, July 12, 2024
Preliminary educational qualifications credits acceptable
					 to the Board are:
A. Certificates or
				  diplomas issued by public and private high schools accredited by the National
				  Council of Secondary Educational Institutions or as recognized by the state or
				  city issuing them.
B. Certificates
				  issued by the department of education of the states and possessions of the
				  United States to applicants having 15 or more units to their credit.
C. Applicants presenting foreign credits of
				  preliminary education shall have them certified by the consul or the embassy of
				  the country in which they were acquired.
D. Bachelor's degree accredited by the
				  State.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.01 - General Regulations › Section 10.43.01.04 - Examination Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall accept examination results only from the National Board of
				  Chiropractic Examiners for applicants for a chiropractic license, including
				  applicants seeking to practice chiropractic with physical therapy
				  privileges.
B. The Board shall set
				  the minimum passing score for each section of the National Board of
				  Chiropractic Examiners' examination.
C. The Board shall administer a jurisprudence
				  examination at least twice a year at times and places to be announced by the
				  Board.
D. An applicant for the
				  jurisprudence examination shall:
(1) Have
				  first successfully completed all required parts of the National Board of
				  Chiropractic and Massage Therapy Examiners' examination to the satisfaction of
				  the Board; and
(2) Submit all
				  documentation and fees at least 45 days before the examination date.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.01 - General Regulations › Section 10.43.01.05 - Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. Temporary
				  Licenses. The Board may not issue any temporary license to practice
				  chiropractic in Maryland.
B. An
				  individual practicing chiropractic without a license shall be prosecuted and
				  subject to penalties as prescribed in Health Occupations Article, Title 3,
				  Subtitle 5, Annotated Code of Maryland.
C. The Board shall issue a license only upon
				  an applicant's successful completion of the:
(1) National Board of Chiropractic Examiners'
				  examination, Parts I, II, III, and IV;
(2) Jurisprudence examination; and
(3) National Board of Chiropractic Examiners'
				  Physiotherapy examination, if applicable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.01 - General Regulations › Section 10.43.01.06 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may find that a compelling
				  public purpose warrants disclosure of information in an application,
				  certification, licensing, or investigative file, regardless of whether there
				  has been a request for the information, if:
(1) The information concerns possible
				  criminal activity and the disclosure is to a federal, state, or local law
				  enforcement or prosecutorial official or authority;
(2) The information concerns a possible
				  violation of law and the disclosure is to a federal, state, or local authority
				  that has jurisdiction over the individual whose conduct may be a violation, and
				  the information disclosed is limited to information relevant to the possible
				  violation by that individual; or
(3) The information concerns conduct by an
				  individual that the Board reasonably believes may pose a risk to the public
				  health, safety, or welfare, and the disclosure is to a law enforcement
				  authority, administrative official, or agency that regulates the individual, or
				  to a hospital or other health care facility where the individual has
				  privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all contested case hearings before
					 the Board of Chiropractic Examiners or before the Office of Administrative
					 Hearings. It does not apply to conferences or other informal investigations or
					 proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.02 - 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, provided, however, that 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.
B. Service
				  upon a party shall be by 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 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.03 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
Every party appearing at formal hearings has 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 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.04 - Pre-hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Pre-hearing Conferences. The Board may set a pre-hearing conference as it deems
				  appropriate.
B. Oaths and
				  Subpoenas. The Board may administer oaths and compel the attendance of
				  witnesses and the production of physical evidence before it from witnesses upon
				  whom process is served anywhere within the State as in civil cases in the
				  circuit court of the county or of Baltimore City, by subpoena issued over the
				  signature of the President or Secretary and the seal of the Board. Upon a
				  request by a party and statement under oath that the testimony or evidence is
				  necessary to their defense, the Board shall issue a subpoena in their
				  behalf.
C. All motions filed by a
				  party with the Board or the Office of Administrative Hearings, as appropriate,
				  shall be accompanied by a memorandum of points and authorities and shall be
				  filed at least 15 days before the hearing. A copy shall be served on the
				  opposing party. Any response shall be filed with the Board or the Office of
				  Administrative Hearings, as appropriate, at least 7 days before the hearing and
				  a copy shall be served on the opposing party.
D. Discovery on Request. By written request
				  served on the other party and filed with the Board or the Office of
				  Administrative Hearings, as appropriate, a party may require another party to
				  produce, within 15 days, the following:
(1) A
				  list of witnesses to be called;
(2)
				  Copies of documents intended to be produced at the hearing; or
(3) Both §A(1) and (2) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.05 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Duties
				  of Presiding Officer.
(1) The Board shall
				  conduct hearings before a quorum of the Board.
(2) For purposes of a hearing under this
				  chapter, four Board members present and entitled to vote shall constitute a
				  quorum.
(3) Board action shall be
				  by majority vote of all the members then serving.
(4) The President, or the President's
				  designee, shall be the presiding officer, and shall have complete charge of the
				  hearing, permit the examination of witnesses, admit evidence, rule on the
				  admissibility of evidence, and adjourn or recess the hearing from time to
				  time.
(5) The presiding officer may
				  set reasonable time limits in arguments and presentation of evidence.
(6) 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 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.06 - 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 proceeding, or part of
				  it, shall be paid by the party requesting the transcript.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.07 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Every
				  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 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.08 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. Any party
				  aggrieved by the decision and order rendered may apply for rehearing within 10
				  days after service on him 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 by it 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 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.02 - Rules of Procedure for Board Hearings › Section 10.43.02.09 - Appeal

Current through Register Vol. 51, No. 14, July 12, 2024
Any person whose license has been revoked or suspended by
					 the Board, or any person placed on probation or reprimand under the regulations
					 in this chapter, may appeal the Board's decision as provided by
					 law.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.03 - Advertising › Section 10.43.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A chiropractor may advertise chiropractic services subject
					 to the provisions of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.03 - Advertising › Section 10.43.03.02 - Qualifications

Current through Register Vol. 51, No. 14, July 12, 2024
A. In an
				  advertisement, a chiropractor shall include at least the chiropractor's:
(1) Name;
(2) Office address;
(3) Telephone number; and
(4) Educational degree.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.03 - Advertising › Section 10.43.03.03 - Prohibitions

Current through Register Vol. 51, No. 14, July 12, 2024
An advertisement may not contain statements that:
A. Contain a misrepresentation of facts or do
				  not reasonably identify the practice as chiropractic;
B. Are likely to mislead or deceive because
				  in context the statement makes only a partial disclosure of relevant
				  facts;
C. Intend to, or are likely
				  to, create false or unjustified expectations of favorable results;
D. Relate to fees, other than a standard
				  consultation fee or a range of fees for specific types of services, without
				  fully disclosing all variables and other relevant factors;
E. Convey the impression that the
				  chiropractor could influence improperly any public body, official, corporation,
				  or any person on behalf of a patient;
F. Contain representations or implications
				  that in reasonable probability can be expected to cause an ordinary prudent
				  person to misunderstand or to be deceived;
G. Contain representations that the
				  chiropractor is willing to perform any procedure which is illegal under the
				  laws or regulations of Maryland or the United States;
H. Contain representations regarding the use
				  of any equipment, treatment, or procedure not within the accepted, prudent
				  practice of chiropractic;
I.
				  Promise payment, compensation, prizes, or remuneration of any intrinsic value;
				  or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.03 - Advertising › Section 10.43.03.04 - Solicitation

Current through Register Vol. 51, No. 14, July 12, 2024
A. A chiropractor
				  may not engage in solicitation, including but not limited to, in-person,
				  telephone, or direct mail solicitation which:
(1) Amounts to fraud, undue influence,
				  intimidation, or overreaching;
(2)
				  Contains statements which would be improper under Regulation .03 of this
				  chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 43 - BOARD OF CHIROPRACTIC EXAMINERS › Chapter 10.43.04 - Licensure by Credentials for Chiropractors › Section 10.43.04.01 - Preface and Scope

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Preface. The Board of Chiropractic Examiners has established guidelines for
				  licensure by credentials. This method of licensure is a special privilege
				  granted by present statute, and is secured for those candidates who possess the
				  necessary credentials required to practice chiropractic in the State. The
				  requirements for licensure are stringent in order to insure the public is
				  adequately protected and that licensure may be granted only to those who
				  qualify by virtue of clinical competency and professional expertise.
B. Scope. This chapter applies to all
				  chiropractors seeking licensure by credentials in Maryland. Since licensure by
				  credentials is a privilege, the Board reserves the right to accept or deny this
				  method of licensure based on Regulation .02 of this chapter.