reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.03 - Certification by Completion of an Approved Residential Child and Youth Care Practitioner Training Program

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  In order to obtain a certification certificate as a residential child and youth
				  care practitioner by completion of an approved residential child and youth care
				  training program, the applicant shall:
(1)
				  Submit to the Board the documentation required in Regulations .01 and .02 of
				  this chapter; and
(2) Demonstrate
				  at least 30 hours, including, but not limited to, the following subject areas:
(a) Introduction to the field of residential
				  child and youth care;
(b) Life
				  skills development;
(c) Child and
				  adolescent development;
(d)
				  Standards of health and safety in child and youth care services;
(e) Trauma;
(f) Communication skills; and
(g) Legal and ethical issues in child and
				  youth care
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.04 - Examination Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant shall pass a Board-approved examination before
				  certification.
B. A minimum passing
				  score of 75 percent is required on the examination.
C. An applicant shall pass the examination
				  within 180 days of hire.
D.
				  Reexamination.
An applicant who fails an examination may take the next
					 examination given the by the Board.
E. Applicants Requiring Special
				  Accommodation.
(1) An applicant with a
				  disability may request modifications in examination materials or
				  procedures.
(2) The applicant shall
				  make the request for modification in writing and include in the request the
				  following:
(a) The applicant's
				  name;
(b) The date of the
				  examination to be modified; and
(c)
				  A letter from the appropriate licensed professional which:
(i) Confirms the disability; and
(ii) Provides information describing the
				  accommodations required.
(3) Requests for modification and supporting
				  documentation shall be received by the application deadline.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.05 - Action on Application

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Criminal History Record Information.
(1) Upon
				  receipt of an applicant's criminal history records information in accordance
				  with Health Occupations Article, §
											20-303, Annotated
				  Code of Maryland, the Board shall consider the following factors in determining
				  whether to grant a certificate:
(a) The age
				  at which the crime was committed;
(b) The circumstances surrounding the
				  crime;
(c) The length of time that
				  has passed since the crime;
(d)
				  Subsequent work history;
(e)
				  Employment and character references; and
(f) Other evidence that demonstrates whether
				  the applicant poses a threat to the public health or safety.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.06 - Expiration and Renewal

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  the Board suspends or revokes the certificate, the certification:
(1) Is effective for 2 years from the date
				  issued; and
(2) Authorizes the
				  individual to perform direct responsibilities related to activities of daily
				  living, self-help, and socialization skills in a residential child care
				  program.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.07 - Reinstatement

Current through Register Vol. 51, No. 14, July 12, 2024
A.The Board shall
				  reinstate the certificate of a residential child and youth care practitioner
				  who has failed to renew the certificate for any reason, if the individual:
(1) Has not had the certificate suspended or
				  revoked;
(2) Pays to the Board
				  the reinstatement fee as established in COMAR 10.57.07;
(3) Submits to the Board:
(a) Evidence of completion of 20 continuing
				  education units within the last 2 years;
(b) Evidence of having submitted to a State
				  and national criminal history records check conducted by the Central
				  Repository; and
(c) Unless waived
				  by the Board in accordance with Health Occupations Article, §
												20-311(c),
				  Annotated Code of Maryland, evidence of application for a child protective
				  services background clearance; and
(4) Applies to the Board
				  for reinstatement of the certificate within 5 years after the certificate
				  expires.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.08 - Duplicate Certificate

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall issue a duplicate certificate to the
					 certificate holder if:
A. The
				  certificate holder has a change of name and does the following:
(1) Makes the request to the Board in writing
				  on the form provided by the Board;
(2) Provides appropriate legal documentation
				  of the change;
(3) Pays the fee as
				  specified in COMAR 10.57.07; and
(4) Surrenders the current
				  certificate;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.09 - Display of Certificate and Renewal Certificates

Current through Register Vol. 51, No. 14, July 12, 2024
A. A certified residential child care and
				  youth care practitioner shall provide to the residential child care program
				  where they are employed:
(1) The certificate
				  card; or
(2) Written verification
				  from the Board of their certification.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.03 - Certification - Residential Child and Youth Care Practitioners › Section 10.57.03.10 - Tiered Certification

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Tier 1.
(1) Tier 1 certification may be
				  obtained by an individual who:
(a) Has
				  obtained an Associate's or Bachelor's degree and has been continuously employed
				  as a residential child and youth care practitioner for at least 2 years before
				  October 1, 2015; or
(b) Has
				  obtained a high school diploma or GED and has been continuously employed as a
				  residential child and youth care practitioner for at least 2 years before
				  October 1, 2015.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.04 - Continuing Education › Section 10.57.04.01 - Conditions of Certification Renewal; Continuing Education Units Required

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  renew a certificate for an additional 2-year period if the certified program
				  administrator:
(1) Otherwise is entitled to be
				  certified as set forth in COMAR 10.57.02;
(2) Pays to the Board the renewal fee as set
				  forth in COMAR 10.57.06; and
(3)
				  Submits to the Board:
(a) A renewal
				  application on the form that the Board requires; and
(b) Satisfactory evidence of having
				  completed:
(i) For a certificate holder who
				  obtained initial certification 2 years to 18 months before the renewal date, 40
				  continuing education units approved by the Board;
(ii) For a certificate holder who obtained
				  initial certification within 18 months to 1 year before the renewal date, 30
				  continuing education units approved by the Board;
(iii) For a certificate holder who obtained
				  initial certification within 1 year to 6 months before the renewal date, 20
				  continuing education units approved by the Board; and
(iv) For a certificate holder who obtained
				  initial certification within 6 months before the renewal date, 10 continuing
				  education units approved by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.04 - Continuing Education › Section 10.57.04.02 - Qualifying Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The certified program administrator or certified residential child and youth
				  care practitioner shall complete continuing education units that foster
				  improvement, advancement, and extension of the certified program
				  administrator's or certified residential child and youth care practitioner
				  professional skill and knowledge relating to residential child care
				  programs.
B. Continuing education
				  may include:
(1) Academic course work which
				  qualifies for credit toward an undergraduate or a graduate degree from an
				  accredited institution with one semester hour of academic course work
				  equivalent to 15 continuing education units and one quarter hour of academic
				  course work equivalent to 3.75 continuing education units;
(2) Workshops, seminars, symposiums,
				  conferences, institutes, audiovisual self-study, and similar programs with 1
				  hour of attendance equivalent to 1 continuing education unit unless otherwise
				  noted by an automatic or authorized sponsor;
(3) Publications with 1 hour of authoring,
				  editing, or review equal to 1 continuing education unit, up to a maximum of 12
				  continuing education units in a renewal period;
(4) Presentations or teaching up to a maximum
				  of twice the number of continuing education units available to a participant in
				  the program;
(5) Staff development,
				  including but not limited to an educational program planned by an agency to
				  assist employees in becoming knowledgeable and competent in fulfilling role
				  expectations within that agency with 1 hour of attendance equivalent to 1
				  continuing education unit;
(6)
				  Invited speaker sessions, in-house seminars, and case conferences which are
				  specifically designed for training, teaching, or both, with 1 hour of
				  attendance equivalent to 1 continuing education unit;
(7) Attendance or presentation of programs
				  offered at professional meetings of local, state, regional or international
				  professional organizations or societies;
(8) Home-study courses provided by automatic
				  sponsors or approved sponsors with proof of satisfactory completion up to a
				  maximum of 10 continuing education units in a renewal period; or
(9) Attendance at Board meetings with 1 hour
				  of attendance equivalent to 1 continuing education unit up to a maximum of 2
				  continuing education units.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.04 - Continuing Education › Section 10.57.04.03 - Obtaining Board Approval for Continuing Education Activities

Current through Register Vol. 51, No. 14, July 12, 2024
A. Authorization of
				  Sponsors of Continuing Education.
(1) The
				  following organizations are recognized by the Board as automatic sponsors, and
				  may sponsor, or approve, or both, continuing education:
(a) State, regional, national, or
				  international associations for:
(i) Child and
				  family services;
(ii)
				  Dietetics;
(iii)
				  Education;
(iv) Medical or allied
				  health professionals;
(v)
				  Professional counseling or therapy;
(vi) Psychiatry;
(vii) Psychology;
(viii) Nursing; and
(ix) Social work;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.04 - Continuing Education › Section 10.57.04.04 - Reporting, Documenting, and Auditing Compliance with Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  certified program administrator or certified residential child and youth care
				  practitioner who has completed the continuing education requirements shall
				  attest to that on a form supplied by the Board as part of the application for
				  certificate renewal.
B. The Board
				  shall audit a percentage of certified program administrators and certified
				  residential child and youth care practitioners, to be determined by the Board,
				  for each reporting period.
C. On
				  request by the Board, a certified program administrator or certified
				  residential child and youth care practitioner shall provide full documentation
				  of the credit hours completed in accordance with the requirements of this
				  regulation.
D. Documentation. A
				  certified program administrator or certified residential child and youth care
				  practitioner shall provide to the Board:
(1)
				  An official transcript for credit hours earned in a course taken for
				  credit;
(2) A certificate of
				  completion;
(3) If a certificate of
				  completion is not available:
(a) Dates on
				  which the program was presented;
(b) Names of the presenters;
(c) Topics presented; and
(d) An outline of the presentation;
(4) If a certificate of completion
				  is not available for an audiovisual instruction program or a home study course,
				  proof of completion of the program or course, such as post-test passing score
				  or other satisfactory proof as determined by the Board;
(5) Proof of presentations made;
(6) Reprints of publications;
(7) Dates, times, and names of participants
				  in journal clubs and organized learning experiences; or
(8) If credit is claimed for instruction of
				  students, letters from educational institutions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.04 - Continuing Education › Section 10.57.04.05 - Waiver of Continuing Education Requirements

Current through Register Vol. 51, No. 14, July 12, 2024
The Board, at its discretion, may waive all or part of the
					 requirements of Regulation .01A(3)(b) or B(3)(b) of this
					 chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.05 - Code of Ethics › Section 10.57.05.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to all individuals licensed by the
					 Board including:
A. Certified
				  residential child care program administrators; and
B. Certified residential child and youth care
				  practitioners.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.05 - Code of Ethics › Section 10.57.05.02 - Public Protection

Current through Register Vol. 51, No. 14, July 12, 2024
The residential child care program administrator and the
					 residential child and youth care practitioner accept the obligation to protect
					 the public by:
A. Upholding the Code
				  of Ethics, as set forth in this chapter; and
B. Reporting alleged violations of this
				  chapter to the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.05 - Code of Ethics › Section 10.57.05.03 - General Conduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. The primary
				  concern of the residential child care program administrator and the residential
				  child and youth care practitioner shall be the welfare of children and youth
				  placed in the residential child care program.
B. The certified residential child and youth
				  care practitioner shall:
(1) Function with
				  discretion and integrity in relationships with other health
				  professionals;
(2) Carry out all
				  duties with honesty, integrity, self-respect, and fairness;
(3) Maintain documentation in the client's
				  record which:
(a) Is legible;
(b) Accurately reflects the services
				  provided, including treatment plans, treatment goals, and progress
				  notes;
(c) Indicates the time and
				  date 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 services to
				  be delivered in the future; and
(f)
				  Is reasonably accessible for the period required by law, after termination of
				  services;
(4) Inform the
				  Board of unethical conduct by a certified residential child care program
				  administrator or residential child and youth care practitioner; and
(5) Inform the Board about an individual who
				  is not certified by the Board but who represents that the individual is a
				  residential child care program administrator or residential child and youth
				  care practitioner, or offering to practice residential child care
				  administration.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.05 - Code of Ethics › Section 10.57.05.04 - Sexual Misconduct

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  certified residential child care program administrator or certified residential
				  child and youth care practitioner may not engage in sexual misconduct with a
				  client or supervisee. Sexual misconduct includes but is not limited to:
(1) Inappropriate sexual language;
(2) Sexual exploitation;
(3) Sexual harassment;
(4) Sexual behavior; and
(5) Therapeutic deception.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.05 - Code of Ethics › Section 10.57.05.05 - Physical Contact

Current through Register Vol. 51, No. 14, July 12, 2024
The certified residential child care program administrator
					 or certified residential child and youth care practitioner engaging in physical
					 contact with a client as an accepted component of a professionally recognized,
					 nontraditional treatment modality shall have documented in the client's record
					 by a licensed or certified health care professional:
A. An assessment of the client;
B. A written rationale for the use of the
				  treatment modality for the client; and
C. A copy of the informed consent, signed and
				  dated by the client and the licensed or certified health care professional,
				  which addresses:
(1) The risks and benefits
				  of the treatment modality;
(2) The
				  objective or objectives and intended outcome or outcomes of the proposed
				  treatment;
(3) Available
				  alternative interventions; and
(4)
				  A description of the physical contact which may be reasonably anticipated by
				  the client in the course of the proposed treatment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.05 - Code of Ethics › Section 10.57.05.07 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party
				  aggrieved by the decision and order rendered may apply for rehearing within 10
				  days after service on 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 stays the enforcement of the order, or
				  excuses the individual affected for failure to comply with its terms.
C. The Board may consider facts not presented
				  in the original hearing, including facts arising after the date of the original
				  hearing, and may by new order abrogate, change, or modify its original
				  order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.05 - Code of Ethics › Section 10.57.05.08 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
An individual whose certificate has been revoked or
					 suspended by the Board, or any individual placed on probation or reprimand
					 under 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 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.01 - Notice of Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Written
				  notice of a hearing shall be sent by the Board to all interested parties at
				  least 30 days before the hearing. The notice shall state the:
(1) Date, time, and place of the hearing;
				  and
(2) Except as provided in
				  §C of this regulation, issues or charges involved in the
				  proceeding.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.02 - Representation of Parties

Current through Register Vol. 51, No. 14, July 12, 2024
Each party appearing at formal hearings shall have the
					 right to appear in proper person or by or with counsel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.03 - Prehearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Discovery.
(1) Discovery on Request. By
				  written request served on the other party and filed with the Board or the
				  Office of Administrative Hearings, as appropriate, a party may require another
				  party to produce, within 15 days, the following:
(a) A list of witnesses to be
				  called;
(b) Copies of documents
				  intended to be produced at the hearing; or
(c) Both §A(1)(a) and (b) of this
				  regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.04 - Conduct of the Hearing

Current through Register Vol. 51, No. 14, July 12, 2024
A. Board
				  Majority. Each hearing shall be held before not less than a quorum of the Board
				  unless the hearing authority is delegated pursuant to State Government Article,
				  §
										10-207, Annotated
				  Code of Maryland. A delegation of authority shall be subject to the provisions
				  of State Government Article, §
										10-212, Annotated
				  Code of Maryland. Board action shall be by majority vote of those Board members
				  present at the hearing.
B. Duties
				  of Presiding Officer.
(1) The Chairman, or in
				  the Chairman's absence a member designated by the Chairman, shall be the
				  presiding officer, or if in a delegated hearing, a hearing examiner shall be
				  the presiding officer.
(2) The
				  presiding officer shall:
(a) Have complete
				  charge of the hearing;
(b) Permit
				  the examination of witnesses;
(c)
				  Admit evidence;
(d) Rule on the
				  admissibility of evidence; and
(e)
				  Adjourn or recess the hearing from time to time.
(3) The presiding officer may set reasonable
				  time limits on arguments and presentation of evidence.
(4) The presiding officer shall be
				  responsible for decorum in hearings and may suspend the proceedings as
				  necessary to maintain decorum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.05 - Records and Transcript

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall prepare an official record, which shall include all pleadings,
				  testimonies, 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 unless requested by a party or by the Board. The
				  cost of any typewritten transcripts of any proceedings or part of them shall be
				  paid by the party requesting the transcript.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.06 - Decision and Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Each
				  decision and order rendered by the Board shall be in writing and shall be
				  accompanied by findings of fact and conclusions of law.
B. A copy of the decision and order and
				  accompanying findings and conclusions shall be delivered or mailed promptly to
				  each party or attorney of record.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.07 - Rehearings

Current through Register Vol. 51, No. 14, July 12, 2024
A. A party
				  aggrieved by the decision and order rendered may apply for rehearing within 10
				  days after service on 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 stays the enforcement of the order, or
				  excuses the individual affected for failure to comply with its terms.
C. The Board may consider facts not presented
				  in the original hearing, including facts arising after the date of the original
				  hearing, and may by new order abrogate, change, or modify its original
				  order.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.06 - Hearing Procedures › Section 10.57.06.08 - Appeals

Current through Register Vol. 51, No. 14, July 12, 2024
An individual whose certificate has been revoked or
					 suspended by the Board, or any individual placed on probation or reprimand
					 under 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 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.07 - Fees › Section 10.57.07.01 - Fee Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board:
A. Residential Child Care Program
				  Administrators:
(1) The Board shall prorate
				  the initial application fee for applicants who apply for initial certification
				  in the following manner:
(a) Within 2 years
				  to 18 months of the renewal date . . . $200;
(b) Within 18 months to 1 year of the renewal
				  date . . . $150;
(c) Within 1 year
				  to 6 months of the renewal date . . . $100; and
(d) Within 6 months of the renewal date . . .
				  $50;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.07 - Fees › Section 10.57.07.02 - Refunds

Current through Register Vol. 51, No. 14, July 12, 2024
Fees are nonrefundable and
					 nontransferable.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.08 - Compelling Purpose Disclosure › Section 10.57.08.01 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. A custodian may disclose information in a
				  certification or investigative file if the custodian determines that a
				  compelling public purpose exists to warrant disclosure.
B. A custodian may find that a compelling
				  public purpose warrants disclosure of information in a certification or
				  investigative file, whether or not there has been a request for the
				  information, under the following circumstances:
(1) The information concerns possible
				  criminal activity and is disclosed to a federal, state, or local law
				  enforcement or prosecutorial official or authority;
(2) The information concerns a possible
				  regulatory violation and is disclosed to a federal, state, or local regulatory
				  authority which has jurisdiction over the individual whose conduct may be a
				  violation and the information disclosed is limited to the possible regulatory
				  violation by that individual; or
(3) The information concerns conduct by an
				  individual which the custodian 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 which 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 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.09 - Tax Compliance Regulations › Section 10.57.09.01 - Outstanding Taxes or Unemployment Insurance Contributions

Current through Register Vol. 51, No. 14, July 12, 2024
A. When a renewal applicant has been
				  identified as delinquent by the Office of the Comptroller or the Department of
				  Labor, Licensing, and Regulation, the Board shall issue a written notice to the
				  renewal applicant stating that:
(1) The
				  renewal applicant has been identified by the Office of the Comptroller or the
				  Department of Labor, Licensing, and Regulation as delinquent in the payment of
				  taxes or unemployment insurance contributions as applicable; and
(2) The renewal certificate will be withheld
				  until verification is received by the Board from the unit of the State
				  responsible for collection of taxes or unemployment insurance
				  contributions.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.10 - Disciplinary Sanctions and Monetary Penalties › Section 10.57.10.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter establishes standards for the imposition of
					 disciplinary sanctions, not exceeding the maximum provided pursuant to Health
					 Occupations Article, §
										20-405, Annotate
					 Code of Maryland, against any residential child care program administrator or
					 residential child and youth care practitioner in the state if, after a hearing
					 or by consent after the right to a hearing has been waived, the Board finds
					 that there are grounds under Health Occupations Article, §
										20-313, Annotate
					 Code of Maryland, to deny a certificate to any applicant, reprimand a
					 certificate holder, place a certificate holder on probation, suspend or revoke
					 a certificate, or impose a fine or a term of imprisonment against a certificate
					 holder under Health Occupations Article, §
										20-405, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.10 - Disciplinary Sanctions and Monetary Penalties › Section 10.57.10.02 - 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) "Board" means the State Board for the
				  Certification of Residential Child Care Program Professionals.
(2) "Certificate" means a certificate issued
				  by the Board to practice as a residential child care program administrator or a
				  residential child and youth care practitioner.
(3) "Sanction" means a formal disciplinary
				  action reprimanding, restricting, suspending, or revoking a
				  certificate.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.10 - Disciplinary Sanctions and Monetary Penalties › Section 10.57.10.03 - Imposition of a Penalty - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Imposition of a Penalty After a Hearing.
				  If, after a hearing under Health Occupations Article, §
										20-313, Annotated
				  Code of Maryland, and subject to the guidelines set forth in this subtitle, the
				  Board finds that there are grounds under Health Occupations Article, §
										20-313, Annotated
				  Code of Maryland, to reprimand or suspend or revoke a certificate, the Board
				  may impose a penalty as set forth in this chapter:
(1) Instead of, or in addition to,
				  reprimanding the certificate holder; or
(2) In addition to revoking the
				  certificate.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 57 - BOARD FOR CERTIFICATION OF RESIDENTIAL CHILD CARE PROGRAM PROFESSIONALS › Chapter 10.57.10 - Disciplinary Sanctions and Monetary Penalties › Section 10.57.10.05 - Mitigating and Aggravating Factors to be Considered in the Assessment of a 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:
A. Mitigating Factors:
(1) The certified residential child care
				  program administrator or residential child and youth care practitioner's lack
				  of a prior disciplinary record;
(2)
				  The certified residential child care program administrator or residential child
				  and youth care practitioner's self-report violation to the Board;
(3) The certified residential child care
				  program administrator or residential child and youth care practitioner'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
				  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
				  certified residential child care program administrator or residential child and
				  youth care practitioner's conduct was an isolated incident and not likely to
				  recur.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.01 - General Regulations › Section 10.58.01.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter:
A.
				  Applies to graduate and clinical professional counselors, graduate and clinical
				  marriage and family therapists, graduate and clinical art therapists, graduate,
				  clinical, and certified alcohol and drug counselors, and alcohol and drug
				  trainees in Maryland and
B. Does
				  not supersede the regulations set forth under:
(1) COMAR 10.58.07;
(2) COMAR 10.58.08;
(3) COMAR 10.58.12; and
(4) COMAR 10.58.17.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.01 - General Regulations › Section 10.58.01.02 - Definitions

Current through Register Vol. 51, No. 14, July 12, 2024
A. In this
				  subtitle, the following terms have the meanings indicated.
B. Terms Defined.
(1) "Certificate" means a certificate issued
				  by the Board to practice:
(a) Certified
				  associate counseling-alcohol and drug (CAC-AD);
(b) Certified professional counseling
				  (CPC);
(c) Certified professional
				  counseling-alcohol and drug (CPC-AD);
(d) Certified professional
				  counseling-marriage and family therapy (CPC-MFT); or
(e) Certified supervised counseling-alcohol
				  and drug (CSC-AD).
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.01 - General Regulations › Section 10.58.01.03 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. Unless
				  certified, licensed, or granted trainee status by the Board, an individual may
				  not use:
(1) The title alcohol and drug
				  trainee (ADT); or
(2) Any other:
(a) Title;
(b) Initials;
(c) Abbreviations;
(d) Representation; or
(e) Description as specified under Health
				  Occupations Article, §§ 17-601-17 -603, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.01 - General Regulations › Section 10.58.01.04 - Application Process

Current through Register Vol. 51, No. 14, July 12, 2024
A. In order to
				  obtain a certificate or license, an applicant shall:
(1) Complete and return the Board-approved
				  application;
(2) Submit an official
				  transcript from an accredited educational institution awarding the highest
				  degree attained in counseling or a related field;
(3) Pay all applicable fees set forth in
				  COMAR 10.58.02;
(4) Provide at
				  least three references from persons familiar with the work of the
				  applicant;
(5) Submit to a criminal
				  history background check in accordance with Health Occupations Article, §
											17-501.1,
				  Annotated Code of Maryland;
(6) Be
				  of good moral character; and
(7) Be
				  at least 18 years old.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.01 - General Regulations › Section 10.58.01.05 - Reexamination

Current through Register Vol. 51, No. 14, July 12, 2024
An applicant who fails an examination for certification or
					 licensure:
A. May retake the exam if:
(1) It is within the time frame set by the
				  applicable testing authority; or
(2) A waiver is approved by the Board to
				  extend the testing deadline upon proof of exceptional circumstances;
				  or
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.01 - General Regulations › Section 10.58.01.06 - Certification and Licensure

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall :
(1) Issue a certificate or
				  license number to an applicant who has met the requirements as set forth under
				  this subtitle; and
(2) Provide
				  licensure, certification, or trainee status verification:
(a) On the Board's website; and
(b) From the Board's office.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.02 - Fees › Section 10.58.02.01 - General

Current through Register Vol. 51, No. 14, July 12, 2024
A. A person shall
				  pay a fee as set forth in Regulation .02, of this chapter, by certified check
				  or money order.
B. The Board shall
				  provide a copy of this chapter:
(1) Along with
				  any application form or renewal form; and
(2) To any other person upon
				  request.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.02 - Fees › Section 10.58.02.02 - Fee Schedule

Current through Register Vol. 51, No. 14, July 12, 2024
The following fees are established by the Board for items
					 or services provided under this subtitle:
A. Application processing fee:
(1) For certificate and trainee status ...
				  $150; or
(2) For licensure ...
				  $250;
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter applies to an individual certified or licensed
					 by the Board of Professional Counselors and Therapists.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.02 - 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
				  Professional Counselors and Therapists.
(2) Client.
(a) "Client" means an individual, couple,
				  family, group, business, agency, school, organization, or association to whom a
				  counselor is rendering professional service.
(b) "Client" includes the term and concept of
				  "patient".
(3)
				  "Counselor" means a counselor or therapist either certified or licensed by the
				  Board.
(4) "Dual relationship"
				  means a relationship in which a counselor is simultaneously involved in more
				  than one type of relationship with a client.
(5) "Impaired counselor" means a counselor
				  who cannot perform the counselor's job due to substance abuse, or psychological
				  or physical illness.
(6)
				  "Inappropriate sexual language" means:
(a) A
				  sexualized harassing comment;
(b)
				  An eroticized or sexually provocative comment not reasonably associated with a
				  health care matter; or
(c) An
				  inappropriate discussion of a sexually related matter.
(7) "Public statements" include, but are not
				  limited to, communications or public announcements by a newspaper, magazine,
				  book list, directory, television, radio, motion picture, advertisement, or any
				  other electronic means.
(8) "Sexual
				  behavior" means:
(a) A "sexual act" as
				  defined in Criminal Law Article, §
												3-301, Annotated Code of
				  Maryland;
(b) "Sexual contact" as
				  defined in Criminal Law Article, §
												3-301, Annotated Code of
				  Maryland; and
(c) "Vaginal
				  intercourse" as defined in Criminal Law Article, §
												3-301, Annotated Code of
				  Maryland.
(9) "Sexual
				  exploitation" means a counselor taking advantage of an unequal relationship
				  between a counselor and a client, student, or supervisee, and not permitting
				  the autonomy of a client, student, or supervisee.
(10) "Sexual harassment" means a deliberate
				  or repeated comment, advance, gesture, solicitation, request, or physical
				  contact of a sexual nature.
(11)
				  "Supervisee" means an individual to whom a counselor provides professional,
				  educational, or administrative supervision or direction.
(12) "Therapeutic deception" means a
				  representation by a counselor that sexual contact or sexual activity by or with
				  a client is consistent with or part of a client's treatment.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.03 - Professional Competence

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  counselor shall:
(1) Practice only within the
				  boundaries of a counselor's competence, based on education, training,
				  supervised experience, and professional credentials;
(2) When developing competence in a new
				  service or technique, or both, engage in ongoing consultation with other
				  counselors or relevant professionals and acquire appropriate additional
				  education or training, or both, in the new area; and
(3) Maintain qualifications to practice
				  counseling, including meeting the continuing education requirements established
				  by the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 5 › Subtitle 58 - BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS › Chapter 10.58.03 - Code of Ethics › Section 10.58.03.04 - Ethical Responsibility

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  counselor shall:
(1) Consult with other
				  counselors or other relevant professionals regarding questions related to
				  ethical obligations or professional practice;
(2) Take credit only for professional work
				  actually performed;
(3) Notify the
				  Board if the counselor's license, or certificate, or both, has been limited,
				  restricted, suspended, revoked, or subject to disciplinary action by any other
				  state, federal agency, or the District of Columbia;
(4) Disclose, to all involved, conflicts of
				  interest regarding confidentiality requirements;
(5) Receive appropriate written authorization
				  to provide counseling services for minors or other clients unable to give
				  informed consent;
(6) Protect the
				  interests of minors or other clients unable to give informed consent;
(7) Maintain accurate records;
(8) Provide supervision to supervisees as
				  required under COMAR 10.58.01, 10.58.07, and 10.58.08;
(9) Make arrangements for another appropriate
				  professional to act in the event of an absence of the counselor;
(10) Provide lawfully requested treatment
				  reports or evaluations, or both, to a client, insurance carriers, courts
				  systems, institutions, or other authorized persons;
(11) Be familiar with and adhere to this
				  chapter;
(12) Report suspected
				  violations of Health Occupations Article, Title 17, Annotated Code of Maryland,
				  to the Board;
(13) Cooperate with
				  investigations, proceedings, and other requirements of the Board; and
(14) Take reasonable precautions to protect
				  clients from physical or psychological trauma.