reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.13 - Sanctioning Guidelines › Section 10.41.13.05 - Mitigating and Aggravating Factors to Be Considered in the Assessment of the Sanction

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  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:
(1) Mitigating factors:
(a) The licensee's lack of a prior
				  disciplinary record;
(b) The
				  licensee self-reported the violation to the Board;
(c) The licensee's full and voluntary
				  admissions of misconduct to the Board and cooperation during Board
				  proceedings;
(d) Implementation of
				  remedial measures to correct or mitigate harm arising from the
				  misconduct;
(e) Timely good-faith
				  effort to make restitution or to rectify consequences of misconduct;
(f) Evidence of rehabilitation or
				  rehabilitative potential;
(g)
				  Absence of premeditation to commit the misconduct;
(h) Absence of potential harm to public or
				  adverse impact; and
(i) The
				  licensee's conduct was an isolated incident and not likely to recur;
				  and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 41 - BOARD OF EXAMINERS FOR AUDIOLOGISTS, HEARING AID DISPENSERS, SPEECH-LANGUAGE PATHOLOGISTS, AND MUSIC THERAPISTS › Chapter 10.41.13 - Sanctioning Guidelines › Section 10.41.13.06 - 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, §
										2-316, 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 10.42.01 - Regulations Governing Licensure › Section 10.42.01.01 - Scope and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  applies to individuals practicing social work in the State.
B. The purpose of this chapter is to protect
				  the public by:
(1) Providing minimum criteria
				  for licensure under the law for those who seek to practice social work;
				  and
(2) Promoting and maintaining
				  high standards of professional activity in social work.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.02 - 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" means receiving:
(a) Accreditation from the Council on Social
				  Work Education;
(b) Approval of a
				  program for an individual applicant by the Council on Social Work Education's
				  Foreign Equivalency Determination Service that the program is equivalent to a
				  program accredited by the Council on Social Work Education; or
(c) Approval of a program in candidacy for
				  accreditation by the Council of Social Work Education.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.03 - Use of Title

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  individual shall be licensed by the Board in accordance with Health Occupations
				  Article, Title 19, Annotated Code of Maryland, and this chapter, before that
				  individual may be identified as a social worker and practice social
				  work.
B. The title "social worker"
				  shall be used only by a licensed social worker.
C. Except as otherwise provided in this
				  chapter or provided in Health Occupations Article, §
										19-301(b),
				  Annotated Code of Maryland, an individual licensed as a social worker in
				  another state may not practice social work in this State unless licensed by the
				  Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.04 - Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. To obtain an
				  initial license or a license for renewal, reactivation, reinstatement, or
				  reissuance, an applicant shall complete a criminal history records check
				  through the central repository. In accordance with Criminal Procedure Article,
				  §§ 10-201-10 -228, Annotated Code of Maryland, the central repository
				  shall provide criminal history records information to the Board.
B. The Board shall review the criminal
				  history records information provided for any positive results from the criminal
				  history records check.
C. An
				  applicant is not required to complete a criminal history records check provided
				  the applicant completes a criminal history records check under the Rap Back
				  service, which will automatically alert the Board of any future criminal
				  charges.
D. Bachelor Social Worker.
(1) The Board shall issue a bachelor social
				  worker's license to an applicant who has met the qualifications in Health
				  Occupations Article, §
											19-302(a)
				  and (b), Annotated Code of Maryland.
(2) If a bachelor social worker applies for
				  licensure in a different category, the application shall be treated as an
				  initial application subject to the appropriate fees.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.05 - Required Hours of Supervised Social Work Experience

Current through Register Vol. 51, No. 14, July 12, 2024
A. A candidate with experience obtained in
				  Maryland shall have obtained a licensed master social worker license before
				  beginning to obtain the requisite 3,000 hours of supervised social work
				  experience.
B. A candidate with
				  3,000 hours of supervised social work experience from another state or
				  jurisdiction of the United States or another country shall provide
				  documentation that the candidate met the licensing, certification, or
				  registration requirements in that state or jurisdiction or country while
				  acquiring the requisite supervised social work experience.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.06 - Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The general
				  requirements for examination are:
(1)
				  Completion of the application form;
(2) Payment of the application fee;
(3) Either:
(a) A receipt of an official transcript
				  indicating completion of an accredited program from the university or school
				  awarding the applicable social work degree attained; or
(b) For applicants who are expected to
				  receive the applicable social work degree at the end of the semester,
				  indication on the Board's form of the:
(i)
				  Degree that the applicant is expected to receive; and
(ii) Date that the applicant is expected to
				  receive the degree; and
(4) For candidates for examination for
				  certified social worker-clinical or certified social worker licenses,
				  documentation of social work experience and social work supervision.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.07 - Approval Notification

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  application packet for licensure is complete when the application packet is:
(1) Submitted to the Board signed and dated;
				  and
(2) Accompanied by the required
				  non-refundable application fee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.08 - Examinations - Use of National Examination Boards Permitted

Current through Register Vol. 51, No. 14, July 12, 2024
The Board may use a national examination board such as the
					 Association of Social Work Boards as the Board's agent in examining
					 applicants.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.09 - Passing Score for Examination

Current through Register Vol. 51, No. 14, July 12, 2024
The passing grade for an examination is a scaled score of
					 75.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.10 - Reexamination

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant who
				  fails the examination:
(1) May retake the
				  examination four times within the 12-month period after a failed examination;
				  and
(2) May not retake the
				  examination within 3 months of failing the examination.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.11 - Licensure by Endorsement

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant who holds or held a license or registration to practice social work
				  in another state is eligible to be licensed in Maryland at the same level of
				  licensure as the license the applicant holds or held in the other
				  state.
B. Bachelor Social Worker.
(1) The Board shall issue a bachelor social
				  worker's license to an applicant who has met the qualifications in Health
				  Occupations Article, §
											19-302(a)
				  and (b), Annotated Code of Maryland.
(2) If a bachelor social worker applies for
				  licensure at a different level, the application shall be treated as an initial
				  application subject to the fees set forth in COMAR 10.42.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.12 - License Without Examination

Current through Register Vol. 51, No. 14, July 12, 2024
An individual who obtained licensure without examination
					 under Ch. 853, Acts of 1975, Ch. 787, Acts of 1978, Ch. 189, Acts of 1983, or
					 Ch. 393, Acts of 1984, is eligible to retain licensure at the level for which
					 that individual was originally licensed if the license is renewed under the
					 provisions of Regulation .15 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.13 - To Practice Social Work While a License Application is Pending

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant may
				  practice social work in Maryland without a license issued by the Board if the
				  applicant has met the requirements established by this regulation and:
(1) Is:
(a)
				  Licensed in any other state to practice social work;
(b) Qualified to practice social work by
				  another country; or
(c) Qualified
				  to practice social work by a federal entity of the United States;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.14 - Licenses

Current through Register Vol. 51, No. 14, July 12, 2024
A. In addition to
				  the requirements of Health Occupations Article, §
										19-306, Annotated
				  Code of Maryland, the licensee shall be assigned a permanent license number
				  that shall be in the official files of the Board.
B. At the time of initial license, the Board
				  shall issue a wall certificate which is not to be considered a license to
				  practice social work in Maryland.
C. The Board shall maintain an electronic
				  record on its website of all licensees and the electronic record is to be
				  considered the official license to practice social work in Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.15 - Renewal of License

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Licenses shall be renewed by October 31, every 2 years.
B. For renewal purposes, a new license issued
				  during a given year shall be treated as if it had been issued on November 1 of
				  that same year.
C. Notification of
				  renewal shall be sent to each licensee at the last known electronic or physical
				  address on file with the Board at least 1 month before the expiration of the
				  license.
D. Before expiration of
				  the license, the licensee shall submit to the Board the:
(1) Application for renewal;
(2) Continuing education report form;
				  and
(3) License fee, as set forth
				  in COMAR 10.42.05.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.16 - Reinstatement After Failure to Renew

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall reinstate the license of
				  an individual who has failed to renew a license which expired for any reason if
				  the individual:
(1) Otherwise is entitled to
				  be licensed;
(2) Complies with the
				  continuing education requirements established by the Board for this
				  purpose;
(3) Submits the
				  application for reinstatement;
(4)
				  Submits the continuing education report form with copies of the required
				  continued education documentation as set forth in COMAR 10.42.06;
(5) Pays to the Board a reinstatement
				  processing fee in COMAR 10.42.05; and
(6) Applies to the Board within 5 years of
				  the date the license expired.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.17 - Inactive Status

Current through Register Vol. 51, No. 14, July 12, 2024
A. A licensee
				  who wishes to place a license on inactive status may do so by:
(1) Submission of a written application which
				  contains the:
(a) Date the license is to be
				  placed on inactive status;
(b)
				  License number; and
(c) Signature
				  of the licensee requesting the inactive status of the license; and
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.01 - Regulations Governing Licensure › Section 10.42.01.18 - Replacement of Wall Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall issue a replacement wall
				  certificate upon written request by a licensee.
B. If an original wall certificate is replaced, the licensee shall
				  retain the original license number issued.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.02 - Social Work Practice › Section 10.42.02.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to individuals authorized to practice
					 social work under Health Occupations Article, Title 19, Subtitle 3, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.02 - Social Work Practice › Section 10.42.02.03 - Scope of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Licensed Bachelor Social Worker (LBSW).
(1)
				  An LMSW shall practice social work under a social work supervisor and may
				  practice social work as stated in Health Occupations Article, 19-101(p) and
				  19-307(c)(2), Annotated Code of Maryland.
(2) An LBSW's practice includes the basic,
				  generalist practice of social work which includes:
(a) Assessment;
(b) Planning;
(c) Intervention;
(d) Evaluation;
(e) Case management;
(f) Information and referral;
(g) Counseling;
(h) Supervision;
(i) Consultation;
(j) Education;
(k) Advocacy;
(I) Community organization; and
(m) The development, implementation and
				  administration of policies, programs, and activities.
(3) An LBSW's practice may not include:
(a) Making a clinical diagnosis of a mental
				  or emotional disorder;
(b)
				  Providing psychotherapy; or
(c)
				  Engaging in private practice.
(4) An LBSW may not engage in the practice of
				  social work independent of social work supervision unless approved by the Board
				  for independent practice.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.02 - Social Work Practice › Section 10.42.02.04 - Case Management

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensed social worker shall meet the standards outlined in this regulation
				  when involved in case management, whether or not the licensee shares case
				  management responsibilities with others as a member of a multidisciplinary
				  team.
B. A licensee shall:.
(1) Affirm the worth and dignity of the
				  individual client as well as mutual responsibility in decision
				  making;
(2) Promote client
				  self-determination by assuring client involvement in planning and
				  implementation of services;
(3)
				  Keep the interest of the client as the focus of all case management activities;
				  and
(4) Assure appropriate
				  confidentiality of client information.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.02 - Social Work Practice › Section 10.42.02.05 - Independent Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  LCSW-C may engage in the independent practice of social work.
B. An LCSW may engage in the independent
				  practice of social work, except when formulating a diagnostic impression, a
				  diagnosis, or providing psychotherapy.
C. An LBSW or LMSW may not engage in the
				  independent practice of social work until the licensee is approved by the Board
				  for independent status in accordance with this regulation.
D. An LBSW or LMSW shall practice in
				  accordance with the restrictions set forth in Health Occupations Article,
				  §
										19-307, Annotated
				  Code of Maryland.
E. An LBSW or
				  LMSW licensed on or before January 1, 2008 shall:
(1) Have actively practiced bachelor or
				  master social work under social work supervision;
(2) Have completed at least 10 years of
				  social work experience under social work supervision;
(3) Submit an application in the form
				  prescribed by the Board as set forth in Health Occupations Article, §
											19-302, Annotated
				  Code of Maryland; and
(4) Provide
				  documentation in the form prescribed by the Board as set forth in Health
				  Occupations Article, §
											19-302, Annotated
				  Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.03 - Code of Ethics › Section 10.42.03.01 - Scope and Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. This chapter
				  governs the professional conduct of social workers licensed by the Board
				  regardless of whether the service delivery is in person, telephonically, or
				  electronically.
B. The objective of
				  this chapter is the protection of the public, which shall be the primary guide
				  in determining the appropriate professional conduct of all individuals whose
				  activities are regulated by the Board.
C. A social worker has a responsibility to
				  practice ethically by considering the potential benefit versus risk of harm to
				  clients when planning and delivering professional social work services,
				  including respecting and facilitating clients' rights to make informed
				  decisions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.03 - Code of Ethics › Section 10.42.03.02 - 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) "Client" means
				  the individual, couple, family, group, or organization to whom the licensee is
				  rendering professional service.
(3)
				  "Dual relationship" means a relationship in which a licensee is involved with a
				  client professionally and in any other capacity.
(4) "Impairment" means a licensee whose
				  diminished capacity affects the licensee's practice of social work
(a) Substance abuse;
(b) Psychological illness; or
(c) Physical illness.
(5) "Inappropriate sexual language" means:
(a) An eroticized or sexually provocative
				  comment; or
(b) An inappropriate
				  discussion of a sexual matter unrelated to client treatment.
(6) "Sexual behavior" means:
(a) A sexual act as specified in Criminal Law
				  Article, §
												3-301(e)
				  and (g), Annotated Code of Maryland; and
(b) Sexual contact as specified in Criminal
				  Law Article, §
												3-301(f),
				  Annotated Code of Maryland.
(7) "Sexual exploitation" means a situation
				  in which the licensee takes advantage of the unequal relationship between the
				  licensee and client, a student, or a supervisee to obtain sexual
				  favors.
(8) "Sexual harassment"
				  means:
(a) A deliberate or repeated comment
				  of a sexual nature unrelated to client treatment; or
(b) An advance, gesture, solicitation,
				  request, intimidation, or physical contact of a sexual nature.
(9) "Sexual misconduct" means:
(a) Inappropriate sexual language;
(b) Sexual exploitation;
(c) Sexual harassment;
(d) Sexual behavior; or
(e) Therapeutic deception.
(10) "Supervisee" means the
				  individual to whom the licensee provides professional, educational, or
				  administrative supervision or direction.
(11) "Therapeutic deception" means a
				  representation by a licensee that sexual contact or sexual activity by or with
				  the client is consistent with or part of the client's treatment.
(12) "Therapeutic relationship" means the
				  relationship between a licensee and a client, in the practice of social
				  work.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.03 - Code of Ethics › Section 10.42.03.03 - Responsibilities to Clients

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall:
(1) Apprise the client of the
				  risks, opportunities, and obligations associated with services available to the
				  client;
(2) Make the fee for
				  service clear, maintain accurate financial records, stipulate payment
				  schedules, and confirm arrangements for financial reimbursement with the
				  client;
(3) Notify the client
				  promptly and seek the transfer, referral, or continuation of service in
				  relation to the client's need or preference if the licensee anticipates the
				  termination or interruption of service;
(4) Prepare and disseminate to an identified
				  colleague or record custodian a written plan for the transfer of clients and
				  files in the event of the licensee's incapacitation, death, or termination of
				  service; and
(5) Maintain
				  documentation in the client's record which:
(a) Is legible;
(b) Accurately reflects the services
				  provided, including treatment plans, treatment goals, and contact
				  notes;
(c) Indicates the time and
				  date the services were provided;
(d) Protects the client's privacy by
				  including only information directly relevant to the delivery of
				  services;
(e) Is sufficient and
				  timely to facilitate the delivery and continuity of future services;
(f) Is reasonably accessible for the period
				  required in Health General Article, §4-403, Annotated Code of Maryland,
				  after termination of services; and
(g) Ensures that no confidential information
				  is disseminated and identities are protected when using technology to
				  communicate or access client information.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.03 - Code of Ethics › Section 10.42.03.04 - Responsibilities to Colleagues

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  licensee shall inform the Board:
(1) Of
				  unethical conduct by a licensed social worker; and
(2) An individual who is not licensed by the
				  Board but who represents that the individual is a social worker and is
				  practicing, attempting to practice, or offering to practice social
				  work.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.03 - Code of Ethics › Section 10.42.03.05 - Relationships

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensee may
				  not enter into a dual relationship with a client or an individual with whom the
				  client has a close personal relationship.
B. Adoption of a Former Client. The Board may
				  make an exception to §A of this regulation in the case of a licensee
				  seeking the adoption of a former client under what is deemed extraordinary
				  circumstances as a result of a Board investigation.
C. The licensee may enter into a nonsexual
				  relationship with an individual with whom the licensee's prior professional
				  contact:
(1) Was of a brief, peripheral, or
				  indirect nature; and
(2) Did not
				  constitute a therapeutic relationship.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.03 - Code of Ethics › Section 10.42.03.06 - Standards of Practice

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Professional Competence. The licensee shall:
(1) Limit practice to the areas in which the
				  licensee has gained proficiency through education, training, and
				  experience;
(2) Acquire specialized
				  education and training in order to provide the client with services that are
				  culturally informed;
(3) Use
				  interventions and assessment techniques only when the licensee knows that the
				  circumstances justify those interventions and techniques;
(4) Monitor the effectiveness of a licensee's
				  interventions;
(5) Maintain and
				  enhance professional competence by meeting the requirements of continuing
				  education as set forth in COMAR 10.42.06;
(6) Engage in ongoing consultation with other
				  professionals with relevant knowledge, experience, and training, when
				  developing competence in a new service or technique;
(7) Document and maintain appropriate and
				  accurate records of professional service, supervision, and research
				  work;
(8) Represent accurately the
				  licensee's professional qualifications; and
(9) Seek competent professional assistance to
				  determine whether to suspend, terminate, or limit the scope of professional or
				  scientific activities when the licensee becomes aware that the licensee's
				  competence is impaired.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.03 - Code of Ethics › Section 10.42.03.07 - Sanctions

Current through Register Vol. 51, No. 14, July 12, 2024
A. The licensee who
				  engages in ethical misconduct is subject to sanctions by the Board.
B. The Board shall notify the National
				  Practitioner Data Bank of any formal sanction of a licensee on the grounds of
				  ethical misconduct.
C. The licensee
				  may not prohibit the client from reporting misconduct as a condition of
				  settlement of a legal cause of action.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs procedures for disciplinary matters
					 and hearings before the State Board of Social Work Examiners.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.03 - Confidentiality of Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as otherwise provided by law, the proceedings of the Board are
				  confidential. The parties may not waive the confidentiality provided by this
				  section.
B. The Office of
				  Administrative Hearings' proceedings involving the adjudication of a
				  Board-contested case and the administrative law judge's recommended decision
				  are confidential. The respondent may not waive the confidentiality of the
				  proceedings or of the patients whose medical records or care are reflected in
				  the record of the proceedings.
C.
				  To the extent possible, even after a final order is entered into by the Board,
				  the parties shall refrain from revealing legal documents, oral statements, or
				  information that would reveal the identity of any patients referred to in the
				  Board's order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.04 - Representation by Counsel

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  respondent may be represented by counsel in any matter before the Board and at
				  any stage of the proceedings.
B. If
				  the matter goes to a hearing, the respondent shall be represented in proper
				  person or by an attorney who has been admitted to the Maryland Bar or specially
				  admitted to practice law under Maryland Rules, Rules Governing Admission to the
				  Bar of Maryland, Rule 14, Annotated Code of Maryland.
C. In all proceedings, the Board may be
				  represented by and obtain advice of counsel assigned to it by the Office of the
				  Attorney General.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.05 - Proceedings under Health Occupations Article, Section19-311, Annotated Code of Maryland

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Investigation of Complaints.
(1) The Board
				  may:
(a) Make a preliminary review of each
				  complaint; and
(b) Recommend that
				  cases involving complaints over which the Board lacks jurisdiction be
				  closed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.06 - Sanctions, Hearings, and Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surrender of License.
(1) The Board may require conditions for
				  surrender of a license, including:
(a) An
				  admission of a violation of the Maryland Social Workers Act;
(b) An admission of facts;
(c) A statement of the circumstances under
				  which the surrender was offered or accepted;
(d) Restrictions on future
				  licensure;
(e) Conditions for
				  reinstatement of the license; or
(f) An agreement that the respondent may not
				  apply for reinstatement of the license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.07 - Summary Suspension of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A. Pursuant to its authority under State
				  Government Article, §
										10-226(c)(2),
				  Annotated Code of Maryland, the Board shall order the summary suspension of a
				  license if the Board determines that there is a substantial likelihood that a
				  licensee 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
(b)
				  An order of summary suspension.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.08 - Probation and Violation of Probation Proceedings

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board imposes a period of probation
				  as a sanction, the Board may impose conditions of probation which the Board
				  considers appropriate, including:
(1)
				  Reeducation or completion of approved courses;
(2) Payment of a fine;
(3) Providing free social work services in a
				  Board-approved program;
(4)
				  Practicing under supervision;
(5)
				  Monitoring by the Board or by an individual or entity approved by the Board,
				  with periodic reporting to the Board;
(6) Periodic review of a licensee's clinical
				  practices or billing;
(7) Periodic
				  audits of a licensee's billing practices;
(8) An examination by a physician or other
				  appropriate health care provider;
(9) Limitation of the licensee's
				  practice;
(10) Obtaining a passing
				  score on an appropriate examination; or
(11) Any other condition the Board considers
				  appropriate for the rehabilitation or retraining of a licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.09 - Restoration of a License

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Reinstatement.
(1) A licensee shall petition
				  the Board for a termination of a suspension of a license or a reinstatement
				  after revocation or surrender of a license.
(2) A licensee that petitions the Board for
				  reinstatement under the terms and conditions for reinstatement set out in a
				  final order, letter of surrender, or other order of the Board, shall apply for
				  reinstatement only under those terms and conditions.
(3) A licensee whose license has been revoked
				  or surrendered for 5 or more years before filing a petition for reinstatement
				  is ineligible for reinstatement but may apply for initial licensure.
(4) In addition to complying with any
				  conditions for reinstatement ordered by the Board, an applicant for
				  reinstatement shall:
(a) File an application
				  for reinstatement with the Board; and
(b) Meet the requirements for
				  reinstatement.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.10 - Judicial Review

Current through Register Vol. 51, No. 14, July 12, 2024
A final order of the Board is subject to judicial review as
					 provided in Health Occupations Article, §
										19-313 and State
					 Government Article, §
										10-222, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.11 - Fines

Current through Register Vol. 51, No. 14, July 12, 2024
A. After a hearing
				  under Health Occupations Article, §
										19-312, Annotated
				  Code of Maryland, and COMAR 10.42.04, the Board may impose a fine, in addition
				  to, or instead of:
(1) Reprimanding a
				  licensee;
(2) Placing a licensee on
				  probation; or
(3) Suspending or
				  revoking a license.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.04 - Rules of Procedure for Board Hearings › Section 10.42.04.12 - Cost Recovery

Current through Register Vol. 51, No. 14, July 12, 2024
If after a hearing, a licensee is found to have violated
					 any of the provisions of Health Occupations Article, §
										19-311, Annotated
					 Code of Maryland, the Board shall be entitled to reimbursement of costs by the
					 licensee including any or all of the following items:
A. Services rendered by court
				  reporters;
B. Transcription of the
				  hearing record by court reporters;
C. Expenses related to witnesses appearing
				  for the State;
D. Obtaining or
				  reproducing documents, exhibits, or other evidentiary items;
E. Hearing-related per diems and expenses for
				  Board members; and
F. Other
				  expenses directly related to the investigation and prosecution of the
				  disciplinary action against the licensee.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.05 - Fee Schedule › Section 10.42.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs all persons licensed as social workers
					 in the State and all persons, agencies, institutions, or organizations seeking
					 to provide continuing education programs who submit applications to the Board
					 for sponsorship authorization and program approval under the requirements of
					 COMAR 10.42.06.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.05 - Fee Schedule › Section 10.42.05.02 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The following
				  fees are established by the Board:
(1)
				  Application processing fee ... $100;
(2) Initial license fee ... $75;
(3) License renewal fee:
(a) Bachelor level - $100;
(b) Graduate level - $200;
(c) Certified level - $275;
(d)  Certified-clinical level - $275;
(4) Inactive status fee -
				  $15;
(5) Reactivation processing
				  fee to change from inactive status to active status:
(a) Bachelor level - $125;
(b) Graduate level - $225;
(c) Certified level - $300;
(d) Certified-clinical level - $300;
(6) Reinstatement processing fee
				  to change from non-renewed status to active status:
(a) Bachelor level - $125;
(b) Graduate level - $225;
(c) Certified level - $300;
(d) Certified-clinical level - $300;
(7) Application for authorization
				  to sponsor continuing education programs (required only if not automatically
				  entitled to sponsor programs under COMAR 10.42.06):
(a) Application - $200;
(b) Program Approval - $100;
(8) License verification fee ...
				  $20;
(9) Penalty for returned
				  checks - $50;
(10) Failure to
				  notify the Board of change of address - $50;
(11) Supervisor registration fee - $20;
(12) Individual record retrieval fee ...
				  $30.
(13)  Rosters:
(a) Bachelor or graduate levels -
				  $80;
(b) Certified or certified -
				  clinical levels - $150.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.05 - Fee Schedule › Section 10.42.05.03 - Change of Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. Fees are
				  subject to change by action of the State Board of Social Work
				  Examiners.
B. The Board shall give
				  notice of a change in fees to licensees and applicants by any reasonable
				  means.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 42 - BOARD OF SOCIAL WORK EXAMINERS › Chapter 10.42.05 - Fee Schedule › Section 10.42.05.04 - Maryland Health Care Commission Assessment for Health Care Practitioners

Current through Register Vol. 51, No. 14, July 12, 2024
At the time of license renewal of a certified social
					 worker-clinical, certified social worker, and a graduate social worker, an
					 applicant shall pay to the Board a user fee assessed by the Maryland Health
					 Care Commission, as specified annually in the Maryland Register pursuant to
					 COMAR 10.25.02.
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 10.42.06.01 - Scope and Objectives

Current through Register Vol. 51, No. 14, July 12, 2024
A. This
				  chapter establishes continuing education requirements for licensed social
				  workers in the State.
B. The
				  objectives of this chapter include:
(1)
				  Maintenance and enhancement of professional competence;
(2) Ongoing improvement of professional
				  skills and knowledge; and
(3)
				  Enrichment of social work services provided to the citizens of
				  Maryland.
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 10.42.06.02 - 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) "Approved programs" means programs that
				  are presented by professionals who are qualified in the content area with
				  education as the focus and that:
(a) Are
				  offered or provided under the auspices of an authorized sponsor; or
(b) Are offered or approved by the
				  Board.
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 10.42.06.03 - Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board
				  shall renew a license for an additional 2-year period if the social worker:
(1) Completes 40 (30 for Licensed Bachelor
				  Social Workers) continuing education units within the renewal period, of which
				  a minimum of:
(a) 20 (15 for Licensed Bachelor
				  Social Workers) continuing education units shall be obtained from approved
				  programs which are Category I;
(b)
				  3 of the required Category I or Category II continuing education units shall
				  have a content area focusing on ethics and professional conduct, including
				  boundary issues, or pertaining to the standards of practice and laws governing
				  the profession of social work in Maryland;
(c) For registered and Board-approved
				  supervisors, 3 of the required Category I or Category II continuing education
				  units shall have a content area focusing on supervision as stipulated in COMAR
				  10.42.08.04B(3);
				  and
(d) 3 of the required Category
				  I continuing education units shall have anti-oppressive social work practice
				  content focusing on race, culture, or equity, and include one or more of the
				  following topics:
(i) Cultural
				  humility;
(ii) Social
				  justice;
(iii) Racial
				  equity;
(iv) Implicit bias;
				  or
(v) Anti-racism
				  practices;
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 10.42.06.04 - Continuing Education Learning Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. The social worker shall complete
				  continuing education units relating to the practice of social work that foster
				  improvement, advancement, and extension of the social worker's professional
				  skill, knowledge, and competence.
B. Documentation shall be provided for the
				  continuing education units listed in §§C-F of this regulation as set
				  forth in Regulation .07 of this chapter.
C. Continuing Education Unit.
(1) In an academic classroom setting in an
				  accredited academic institution, if a course is taken for academic credit, 1
				  academic credit is equal to 5 continuing education units.
(2) In an academic classroom setting in an
				  accredited academic institution, if a course is audited, 1 academic credit is
				  equal to 3 continuing education units.
(3) Programs may include the terms "contact
				  hour", "CEU", "clock hour", and "hour" in the description of the course. Any
				  program described with these terms that lasts 60 minutes provides 1 continuing
				  education unit.