Maryland Bopc Law Test

Front 1

Dual Relationship

Back 1

means a relationship in which a counselor is simultaneously involved in more than one type of relationship with a client

Front 2

Impaired Counselor

Back 2

a counselor who cannot perform the counselor's job due to substance abuse, or psychological or physical illness

Front 3

Sexual exploitation

Back 3

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

Front 4

Sexual Harassment

Back 4

a deliberate or repeated comment, advance, gesture, solicitation, request, or physical contact of a sexual nature

Front 5

Therapeutic Deception

Back 5

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

Front 6

Professional Competence
A. A counselor shall:
(3 things)

Back 6

(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.

Front 7

.03 Professional Competence.
An impaired counselor shall:
(2 things)

Back 7

(1) Suspend, terminate, or limit professional activities if the counselor determines that he or she is unable to continue professional activities; or

(2) Seek competent professional assistance to determine whether to suspend, terminate, or limit the scope of professional or scientific activities if a counselor becomes or is made aware that personal problems interfere with providing or conducting counseling or therapy services.

Front 8

.04 Ethical Responsibility.

A. A counselor shall:
(14 Things)

Back 8

(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.

Front 9

.04 Ethical Responsibility.
A counselor may not:
(3 things)

Back 9

(1) Knowingly associate with, or permit the use of the professional counselor's name or firm name in a business venture by any person or firm which the professional counselor knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;

(2) Participate in dishonest, fraudulent, or deceitful activity in the capacity of a counselor; or

(3) Enter into relationships that could compromise a counselor's objectivity or create a conflict of interest.

Front 10

.04 Ethical Responsibility.
C. A counselor involved in research shall:
(4 things)

Back 10

(1) Respect and protect the dignity, privacy, and welfare of research subjects;

(2) Comply with existing federal and State laws and regulations concerning treatment of research subjects;

(3) Take responsibility for the ethical treatment of research participants by others directly and reasonably related to the research; and

(4) Clearly indicate to prospective recipients treatment given as part of a research study and obtain written permission in advance of treatment.

Front 11

.05 The Counseling Relationship.

A. Client Welfare and Rights.

(1) A counselor shall:
(5 things)

Back 11

(a) Inform clients of the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed;

(b) Explain to clients the implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;

(c) Document attempts to inform other professional persons concurrently providing mental health services to a client;

(d) Assist clients in making appropriate arrangements for the continuation of treatment due to interruptions including but not limited to vacations and extended illness; and

(e) Make appropriate referrals.

Front 12

.05 The Counseling Relationship.

A. Client Welfare and Rights.
(2) A counselor may not:
(4 things)

Back 12

(a) Place or participate in placing clients in positions that may result in damaging the interests and the welfare of clients, employees, employers, or the public;

(b) Condone or engage in discrimination based on age, color, culture, disability, ethnic group, gender, race, religion, sexual orientation, marital status, or socioeconomic status;

(c) Abandon or neglect clients in counseling; or

(d) Foster dependent counseling relationships.

Front 13

.05 The Counseling Relationship.
B. Dual Relationships.

(1) A counselor shall:
(2 things)

Back 13

(a) Avoid dual relationships with clients; and

(b) Take appropriate measures, including but not limited to, informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs if a dual relationship cannot be avoided.

Front 14

.05 The Counseling Relationship.
B. Dual Relationships.
(2) A counselor may not:
(2 Things)

Back 14

(a) Exploit trust and dependency in relationships with supervisees, employees, research participants, students, or volunteers; or

(b) Accept as clients superiors or subordinates with whom a counselor has administrative, supervisory, or evaluative relationships.

Front 15

.05 The Counseling Relationship.
C. Multiple Clients.

(1) A counselor shall clarify the unit of treatment in a counselor's written records as:

Back 15

(a) Individual;

(b) Couple;

(c) Family;

(d) Group; or

(e) Any combination of §C(1)(a)—(d) of this regulation.

Front 16

.05 The Counseling Relationship.
C. Multiple Clients.
A counselor shall identify in the written records individuals present in sessions, but

Back 16

not a part of the unit of treatment.

Front 17

.05 The Counseling Relationship.
C. Multiple Clients.

A counselor shall communicate limitations on ______ to all clients.

Back 17

confidentiality

Front 18

.05 The Counseling Relationship.
D. Termination and Referral.

(1) Termination may occur if:
(5 things)

Back 18

(a) Services are no longer requested by a client;

(b) Counseling no longer serves a client's needs or interests;

(c) A counselor is unable to competently and ethically perform duties;

(d) A client does not pay the fees charged; or

(e) Agency or institution limits do not allow further counseling services.

Front 19

.05 The Counseling Relationship.
D. Termination and Referral.
(2) A counselor may terminate a counseling relationship only after:

Back 19

(a) Securing a client's agreement; or

(b) If a client does not agree to termination, offering an appropriate referral.

Front 20

.06 Fees and Bartering.

A. A counselor shall explain to a client, before entering the counseling relationship,

Back 20

all financial arrangements related to professional services including the use of collection agencies or legal measures for nonpayment.

Front 21

.06 Fees and Bartering.

B. Except as provided in §C of this regulation, a counselor may not accept goods or services instead of monetary payment.

C. A counselor may accept goods or services instead of monetary payment only if:

4 things

Back 21

(1) The relationship is not exploitative;

(2) The client requests it;

(3) A clear written contract is established; and

(4) The arrangements are an accepted practice among professionals in the community.

Front 22

True or False

D. A counselor may accept or give anything of value for receiving or making a referral.

Back 22

FALSE
D. A counselor may not accept or give anything of value for receiving or making a referral.

Front 23

.07 Advertising, Public Statements, and Media Presentations.

A. Advertising.

True or False
(1) A counselor may place advertisements with directories, newspapers, periodicals, radio or television stations, or on the internet.

Back 23

TRUE

Front 24

(2) In placing advertisements or making other types of public statements, a counselor shall identify a counselor's credentials in a manner that is

Back 24

accurate and not false, misleading, deceptive, or fraudulent.

Front 25

(3) A counselor may not place advertisements or make public statements that:

7 things

Back 25

(a) Contain false, fraudulent, misleading, deceptive, or unfair statements or information;

(b) Contain partial disclosures of relevant facts that misrepresent, mislead, or deceive;

(c) Contain information or facts intended or likely to create false or unjustified expectations of favorable results;

(d) Misrepresent, either directly or by implication, a counselor's professional qualifications such as education, experience, or areas of competence;

(e) Misrepresent, either directly or by implication, a counselor's affiliations or the purposes or characteristics of institutions or organizations with which a counselor is affiliated;

(f) Contain representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived; or

(g) Contain representations that a counselor is willing to perform any procedure that is illegal under federal or State laws or regulations.

Front 26

(4) If advertising on the internet, a counselor shall ensure that the advertisement contains

3 things

Back 26

the counselor's name, credentials, and certificate or license number.

Front 27

(5) In advertising products, workshops, or training events, a counselor shall:

2 things

Back 27

(a) Comply with this section; and

(b) Ensure that the information disclosed is adequate for consumers to make informed choices.

Front 28

True or False

(6) A counselor holding a doctoral degree in a field other than counseling may not represent that doctoral degree as relating to status or practice as a counselor.

Back 28

True

Front 29

B. Public Statements.

(1) A counselor shall:

4 things

Back 29

(a) Correct others who misrepresent a counselor's professional qualifications or affiliations;

(b) Abstain from soliciting testimonial endorsements from current clients or other persons who, because of particular circumstances, are vulnerable to undue influence;

(c) Abstain from engaging in uninvited, in-person solicitation of business from actual or potential clients or others who, because of particular circumstances, are vulnerable to undue influence; and

(d) In the capacity of teacher, ensure that statements in course outlines are accurate and not misleading, false, or deceptive, including statements regarding subject matter to be covered, the basis for evaluating progress, and the nature of the course experience.

Front 30

B. Public Statements.
(2) A counselor may not:
3 things

Back 30

a) Use the counselor's place of employment or institutional affiliation to solicit or recruit clients, supervisees, or consultees for a counselor's private practice;

(b) Use counseling, teaching, training, or supervisory relationships:

(i) To promote a counselor's products or training events in a deceptive manner; or

(ii) On persons who, because of circumstances, may be vulnerable; or

(c) Claim organizational membership in a manner that suggests specialized competence, training, or qualifications that a counselor does not have.

Front 31

(4) If advertising on the internet, a counselor shall ensure that the advertisement contains

Back 31

the counselor's name, credentials, and certificate or license number.

Front 32

(5) In advertising products, workshops, or training events, a counselor shall:
2 things

Back 32

(a) Comply with this section; and

(b) Ensure that the information disclosed is adequate for consumers to make informed choices.

Front 33

true or false
(6) A counselor holding a doctoral degree in a field other than counseling may not represent that doctoral degree as relating to status or practice as a counselor.

Back 33

True

Front 34

B. Public Statements.

(1) A counselor shall:
4 things

Back 34

(a) Correct others who misrepresent a counselor's professional qualifications or affiliations;

(b) Abstain from soliciting testimonial endorsements from current clients or other persons who, because of particular circumstances, are vulnerable to undue influence;

(c) Abstain from engaging in uninvited, in-person solicitation of business from actual or potential clients or others who, because of particular circumstances, are vulnerable to undue influence; and

(d) In the capacity of teacher, ensure that statements in course outlines are accurate and not misleading, false, or deceptive, including statements regarding subject matter to be covered, the basis for evaluating progress, and the nature of the course experience.

Front 35

B. Public Statements.
(2) A counselor may not:
3 things

Back 35

(a) Use the counselor's place of employment or institutional affiliation to solicit or recruit clients, supervisees, or consultees for a counselor's private practice;

(b) Use counseling, teaching, training, or supervisory relationships:

(i) To promote a counselor's products or training events in a deceptive manner; or

(ii) On persons who, because of circumstances, may be vulnerable; or

(c) Claim organizational membership in a manner that suggests specialized competence, training, or qualifications that a counselor does not have.

Front 36

C. Media Presentations. A counselor providing commentary or advice in a public lecture, presentation, demonstration, radio or television program, prerecorded electronic medium, printed article, mailed material, internet, or other medium, shall ensure that:
3 things

Back 36

(1) Statements made are based on current and appropriate professional counseling literature and methodology;

(2) Recipients of the information are not mislead or encouraged to infer that a professional counseling relationship has been established; and

(3) Statements are in conformance with this chapter.

Front 37

.08 Records, Confidentiality, and Informed Consent.

A. A counselor shall:

(1) Maintain the ________ and __________ of a client and a client's records;

Back 37

privacy and confidentiality

Front 38

.08 Records, Confidentiality, and Informed Consent.

A. A counselor shall:

(2) Release mental health records or information about a client only with

Back 38

a client's consent, or as permitted by Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland;

Front 39

.08 Records, Confidentiality, and Informed Consent.

A. A counselor shall:

(3) Release alcohol and substance abuse records or information about a client only with

Back 39

a client's consent

Front 40

Record

(4) Dispose of records in accordance with Health-General Article, Title 4, Annotated Code of Maryland;

Back 40

A. A health care provider shall maintain a medical record in accordance with the records retention schedule and may dispose of the record when the minimum retention requirements as described in Regulation .04B of this chapter have been met.

B. For purposes of destruction, a medical record is an indivisible entity unless, in the health care provider's professional judgment, the medical record is divisible.

C. A health care provider shall ensure confidentiality of medical records throughout the disposal process:

(1) For paper records, by incineration, shredding, pulping, or other comparable process which renders the records permanently unreadable;

(2) For electronic or magnetic media, such as computer disks or magnetic tapes, by completely sanitizing the media, and not just by erasure or deletion;

(3) For other media, such as film, photos, or compact discs, by destroying the media with no possibility of recovery; and

(4) By complying with the HIPAA security provisions at 45 CFR §164.310(d), as amended.

Front 41

.08 Records, Confidentiality, and Informed Consent.

A. A counselor shall:

(5) Provide sufficient information to a client to allow a client to make an informed decision regarding treatment, including the following:

6 things

Back 41

(a) The purpose and nature of an evaluation or treatment process;

(b) Additional options to the proposed treatment;

(c) Potential reactions to the proposed treatment;

(d) The estimated cost of treatment;

(e) The right of a client to withdraw from treatment at any time, including the possible risks that may be associated with withdrawal; and

(f) The right of a client to decline treatment, if part or all of the treatment is to be recorded for research or review by another person;

Front 42

.08 Records, Confidentiality, and Informed Consent.

A. A counselor shall:

(6) Obtain _______ of a client participating in a human research program; and

(7) Protect a client's ____ and _____ to decide whether to participate in a human research program.

Back 42

full informed consent

autonomy and dignity

Front 43

True or False

A counselor may imply that a penalty may result if a client refuses to participate in a human research program.

Back 43

False!!

A counselor may not imply that a penalty may result if a client refuses to participate in a human research program.

Front 44

.09 Sexual Misconduct.

A. A counselor may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:

5 things

Back 44

1) Inappropriate sexual language;

(2) Sexual exploitation;

(3) Sexual harassment;

(4) Sexual behavior; and

(5) Therapeutic deception.

Front 45

.09 Sexual Misconduct.

B. Concurrent Sexual Relationships. A counselor may not engage in either consensual or forced sexual behavior with:

3 things

Back 45

(1) A client;

(2) A student or supervisee over whom the counselor exercises professional authority, or with whom the counselor maintains evaluative responsibility, supervision, or education, while the professional relationship continues to exist; or

(3) An individual with whom the client has a close personal relationship, including but not limited to a relative or significant individual in the client's life, if there is a risk of exploitation or potential harm to the client.

Front 46

True or False

.09 Sexual Misconduct.

C. Relationship with Former Clients.

(1) Except as set forth in §C(3) of this regulation, a counselor may not engage in sexual behavior with a former client.

Back 46

TRUE

Front 47

True or False

(2) A counselor may terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship.

Back 47

FALSE

(2) A counselor may not terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship.

Front 48

(3) A counselor may enter into a relationship with an individual with whom a counselor's prior professional contact was

Back 48

brief, peripheral, consultative, or indirect, and did not constitute a therapeutic relationship.

Front 49

D. Prior Sexual Relationships. A counselor ( may or may not) provide professional services to an individual with whom a counselor has previously engaged in sexual behavior.

Back 49

MAY NOT

Front 50

E. Sexual Harassment.

(1) A counselor may not sexually harass a:

4 things

Back 50

(a) Client;

(b) Student;

(c) Supervisee; or

(d) Supervisor.

Front 51

(2) If sexually harassed by a client, a counselor shall:

3 things

Back 51

(a) Seek professional consultation with another licensed health care professional;

(b) Redefine the professional plan of action in writing in a client's record, documenting all action taken in a client's treatment plan; and

(c) Terminate the relationship with the client and assist in a referral to another health care provider.

Front 52

F. Therapeutic Deception. A counselor may not:

(1) Engage in sexual activity with a _____________ or _________ on the pretense of therapeutic intent or benefit;

Back 52

client or an individual in a close personal relationship with a client,

Front 53

F. Therapeutic Deception. A counselor may not:

(2) Represent to a client or individual in close personal contact with a client that sexual contact or activity by or with a counselor is ____________

Back 53

consistent with or part of a client's therapy; or

Front 54

F. Therapeutic Deception. A counselor may not:
(3) Suggest, recommend, or encourage a client to engage in a sexually provocative act, including but not limited to:

4 things

Back 54

(a) Sexual contact with a counselor;

(b) Genital stimulation by or of a client or counselor;

(c) Undressing, by or of a counselor in the presence of a client, or of a client in the presence of a counselor; and

(d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.

Front 55

.10 Physical Contact.

A. A counselor engaging in nontraditional treatment modalities using physical contact with a client shall document in a client's record:

3 things

Back 55

(1) An assessment of a client;

(2) A written rationale for the use of the physical contact treatment modality for a client; and

(3) A copy of the informed consent, signed and dated by the client and the counselor which addresses:

Front 56

(3) A copy of the informed consent, signed and dated by the client and the counselor which addresses:
(with regard to using physical contact)
4 things

Back 56

(a) The risks and benefits of the physical contact treatment modality;

(b) The objective or objectives and intended outcome or outcomes of the proposed treatment;

(c) Available alternative interventions; and

(d) A description of the physical contact which may be reasonably anticipated by a client in the course of the proposed treatment.

Front 57

.10 Physical Contact.

B. A counselor may not engage in a treatment modality involving physical contact if the risk of psychological harm to a client, as a result of the physical contact, has been assessed by a counselor ______ the possible benefits of the treatment, independent of a client's wishes.

Back 57

to outweigh

Front 58

.11 Sanctions.

A. A counselor who engages in sexual misconduct with a client or supervisee is subject to _____ by the Board.

Back 58

sanctions

Front 59

B. A sanction constitutes the (minimum or maximum) disciplinary measure and does not preclude the Board from imposing _________ as it considers appropriate to an individual case.

Back 59

minimum

additional penalties

Front 60

C. ______ shall advise professional associations of a reprimand, suspension, or revocation of a license or certificate on the grounds of sexual misconduct.

Back 60

The Board

Front 61

D. A counselor may not prohibit a client from reporting sexual misconduct as _________.

Back 61

a condition of settlement of a legal cause of action

Front 62

E. A counselor who does not comply with this chapter shall be in violation of Health Occupations Article, §17-313, Annotated Code of Maryland, and __________

Back 62

subject to disciplinary actions.

Front 63

F. A lack of knowledge, or misunderstanding of an ethical responsibility, (is, or is not) a defense against a charge of unethical conduct.

Back 63

IS NOT

Front 64

A. Written notice of a hearing shall be sent by the Board to all interested parties at least _______ before the hearing.

Back 64

30 days

Front 65

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:

2 things

Back 65

(1) Date, time, and place of the hearing; and

(2) Issues or charges involved in the proceeding, provided, however, that if by reason of the nature of the proceeding, the issues cannot be stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable.

Front 66

B. Service upon a party shall be by delivery of the charging document and copy of the complaint to the party in person. Instead of personal service, the Board may serve the charging document and a copy of the complaint by ______ or _______, restricted delivery, return receipt requested.

Back 66

registered or certified mail

Front 67

.03 Representation of Parties.

Each party appearing at a formal hearing shall have the right to appear in _________ or __________

Back 67

proper person, or by or with counsel.

Front 68

.04 Prehearing Procedures.

A. Discovery.

(1) Discovery on Request. By written request served on the other party and filed with the Board, a party may require another party to produce, within 15 days, the following:

3 things

Back 68

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.

Front 69

(2) Mandatory Discovery.

(a) Each party shall provide to the other party not later than 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier:
2 things

Back 69

(i) The name and curriculum vitae of any expert witness who will testify at the hearing; and

(ii) A detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion.

Front 70

(b) If the Board finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, the Board shall exclude from the hearing:

2 things

Back 70

(i) The testimony of the expert; and

(ii) Any report of the expert.

Front 71

(c) The Board shall consider and decide arguments regarding the sufficiency of the report:

2 things (when)

Back 71

(i) At the prehearing conference, if scheduled; or

(ii) Immediately before the scheduled hearing.

Front 72

True or False
(3) Parties are not entitled to discovery of items other than as listed in §A(1) and (2) of this regulation.

Back 72

true

Front 73

(4) Both parties have a continuing duty to supplement their disclosures of ______ and ______

Back 73

witnesses and documents.

Front 74

(5) Absent unforseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list:

2 things (when)

Back 74

(a) After the prehearing conference, if scheduled; or

(b) Later than 15 days before the hearing if no prehearing conference is scheduled.

Front 75

(6) The prohibition against adding witnesses does not apply to witnesses or documents to be used for _____ or _____ purposes

Back 75

impeachment or rebuttal purposes.

Front 76

B. Prehearing Conferences. The Board may set prehearing conferences as

Back 76

it deems appropriate.

Front 77

C. Oaths and Subpoenas.

(1) The Board may administer ______ and ______ of witnesses and the production of physical evidence before it from witnesses upon whom process is served anywhere within the State, as in civil cases in the circuit court of the county or of Baltimore City, by subpoena issued over the signature of the Chairman or Secretary and the seal of the Board.

Back 77

oaths and compel the attendance

Front 78

(2) Upon a request by a party and statement under oath that the testimony or evidence is necessary to the party's defense, the Board ______

Back 78

shall issue a subpoena in the party's behalf.

Front 79

D. Motions filed by a party shall be accompanied by a memorandum of points and authorities, and shall be filed with the Board at least __________ before the hearing, and a copy served on the opposing party. Any response shall be filed with the Board at _________ before the hearing and a copy shall be served on the opposing party.

Back 79

10 working days

least 5 working days

Front 80

B. Duties of Presiding Officer.

(1) The Chairman, or in the Chairman's absence a member designated by the Chairman, shall be the presiding officer, or if in a delegated hearing, an administrative law judge under State Government Article, §§9-1601—9-1610, Annotated Code of Maryland, shall be the presiding officer.

(2) The presiding officer shall:

5 things

Back 80

(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.

Front 81

.05 Conduct of the Hearing.

(3) _________ (who) may set reasonable time limits on arguments and presentation of evidence.

Back 81

The presiding officer

Front 82

(4) The presiding officer shall be responsible for _____ in hearings and can suspend the proceedings as necessary to maintain _______.

Back 82

decorum- behavior in keeping with good taste and propriety

Front 83

C. Legal Advisor and Counsel for the Board.

(1) The Board may request the ________ to participate in any hearing to present the case on behalf of the Board.

Back 83

Office of the Attorney General

Front 84

(2) The member of the Office of the Attorney General presenting the case on behalf of the Board shall have all the following rights:

4 things

Back 84

(a) The submission of evidence;

(b) Examination and cross-examination of witnesses;

(c) Presentation of summation and argument; and

(d) Filing of objections, exceptions, and motions.

Front 85

(3) The Board may also request a representative of the _____ to act as legal advisor to the Board as to questions of evidence and law.

Back 85

Office of the Attorney General

Front 86

D. Order of Procedure.

The _____ shall present its case first. Then the ________ shall present his case. After this the _____ may present rebuttal.

Back 86

State
respondent
State

Front 87

E. Examination of Witnesses and Introduction of Evidence.

(1) The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-208 and 10-209, Annotated Code of Maryland.

(2) Each party has the right to:

3 things

Back 87

(a) Call witnesses and present evidence;

(b) Cross-examine witnesses called by the Board or other party;

(c) Present summation and argument and file objections, exceptions, and motions.

Front 88

(3) If a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented (by who?).

Back 88

solely by counsel

Front 89

(4) Witnesses.

3 things

Back 89

a) The presiding officer, or any person designated by the presiding officer for the purpose, may examine any witness called to testify.

(b) The presiding officer may call as witness any person in attendance at the hearing.

(c) Any member of the Board may examine any witness called to testify.

Front 90

(5) If an accused or complainant fails to appear at a hearing after due notice, the Board or its designee may _____ or _____

Back 90

reschedule the hearing, or may proceed upon the available investigation, report, documents, witnesses, and records.

Front 91

06 Records and Transcript.

A. The Board shall prepare an official record which shall include

3 things

Back 91

all pleadings, testimony, exhibits, and other memoranda or material filed in the proceeding.

Front 92

B. A stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed, however, unless requested by a party, or by the Board. The cost of any typewritten transcripts of any proceedings, or part of them, shall be paid by ______

Back 92

by the party requesting the transcript.

Front 93

.07 Decision and Order.

A. Each decision and order rendered by the Board shall be in _____ and shall be accompanied by ______ and ______.

B. A copy of the decision and order and accompanying findings and conclusions shall be ______ or ____ to each party or attorney of record.

Back 93

writing

findings of fact and conclusions of law

delivered or mailed promptly

Front 94

08 Rehearings.

A. A party aggrieved by the decision and order rendered may apply for rehearing within ______ after service on the party of the decision and order. Action on an application shall lie in the discretion of the Board.

Back 94

10 days

Front 95

B. Unless otherwise ordered, neither the ________ or _____ shall stay the enforcement of the order, or excuse the person affected for failure to comply with its terms.

Back 95

rehearing nor the application for it

Front 96

true or false

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.

Back 96

true

Front 97

true or false
.09 Appeals.

A person whose certificate has been revoked or suspended by the Board, or a person placed on probation or reprimand under the regulations in this chapter, may appeal the Board's decision as provided by the law.

Back 97

true

Front 98

A counselor must Inform clients of 7 things in informed consent

Back 98

purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed;

Front 99

(b) Explain to clients the

Back 99

implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;

Front 100

(8) "Continuing education unit (CEU)" means

Back 100

60 minutes of activity that is approved by the Board to fulfill the continuing education requirements.

Front 101

(10) "Home study" means independent study that:

2 things

Back 101

(a) Is not evaluated by a formal process documenting a minimum mastery of materials; and

(b) Does not issue a verification of program completion.

Front 102

"Renewal date" means

Back 102

the date upon which a certificate or license expires, as specified in the notice sent to the certified or licensed professional counselor by the Board in accordance with Health Occupations Article, §§17-309(b) and 17-3A-08(b), Annotated Code of Maryland.

Front 103

"Renewal period" means

Back 103

the 2-year period immediately before the renewal date.

Front 104

"Seminar" means

Back 104

a meeting or meetings of highly experienced participants or experts with an expert leader who conducts a discussion on a specific topic.

Front 105

Symposium" means

Back 105

a presentation or presentations by two or more speakers with different views on a specific topic and with a discussant who summarizes the issues.

Front 106

"Workshop" means

Back 106

a meeting or meetings of general sessions and face-to-face groups with a leader, an expert in the defined content area, who imparts information to participants who have ample opportunity to interact.

Front 107

The certificate or license holder shall complete a minimum of __________ CEUs in each renewal period, as follows:

Back 107

40

Front 108

The certificate or license holder shall complete a minimum of 40 CEUs in each renewal period, as follows:

divided into 2 parts
what are they?

Back 108

(1) At least 30 CEUs shall be in Category A activities and not more than 10 CEUs may be in Category B activities; or

(2) All 40 CEUs may be in Category A activities.

Front 109

Can CEUs that are in excess of requirements be carried over to the next renewal period?

Back 109

NO
CEUs that are in excess of requirements may NOT be carried over to the next renewal period.

Front 110

A certificate or license holder who has a renewal period of less than 2 years shall complete a minimum of _____ Category A CEUs for that renewal period.

Back 110

20

Front 111

(1) A license or certificate holder shall attest to completion of required CEUs at _______ (when) on a form supplied by the Board.

Back 111

the time of renewal or reinstatement,

Front 112

(2) The license or certificate holder shall obtain the requisite documentation of CEU attendance and retain this documentation for the succeeding _______ (how long?) for possible inspection by the Board.

Back 112

4 years

Front 113

(a) The required documentation of Category A activities as defined in Regulations .04 and .05 of this chapter include:

5 things

Back 113

(i) Certificates of participation;

(ii) Transcripts;

(iii) Reprints of publications;

(iv) Proof of presentations; or

(v) Any other information necessary to verify compliance with the requirements of Regulations .04 and .05 of this chapter.

Front 114

(b) The required documentation of Category B activities as defined in Regulations .04 and .06 of this chapter, include:

5 things

Back 114

(i) Dates;

(ii) Names of presenters;

(iii) Outlines of presentations;

(iv) Topics of meetings; or

(v) Any other information necessary to verify compliance with the requirements of Regulations .04 and .06 of this chapter.

Front 115

True or false

(4) The license or certificate holder shall demonstrate that the CEU activity fell within the renewal period.

Back 115

true

Front 116

A. To qualify for approval by the Board, continuing education activities shall employ didactic and experiential methods to meet one of the following objectives:


4 things

Back 116

(1) Maintain professional competency;

(2) Increase professional skills and knowledge;

(3) Prepare for new roles or responsibilities in the practice of counseling or therapy; or

(4) Expand the science of counseling and therapy theory, method, or practice.

Front 117

B. The following activities are specifically excluded from continuing education credit and do not meet any required objective:


three things

Back 117

(1) Business meetings, professional committee meetings, and meetings concerned with the management of a professional practice;

(2) Presentations and publications intended for a lay audience; and

(3) Home study.

Front 118

A. The Board may approve the following activities for CEUs in Category A:

(1) Attending formally organized Category A programs as follows:

(a) The programs shall meet the following criteria:

Back 118

(i) The program is offered by a sponsor approved by the Board to present Category A programs,

(ii) The program is intended for a professional mental health audience,

(iii) The program has a stated purpose and defined content area,

(iv) Presenters are professionals qualified in the defined content area,

(v) The program's time period is clearly stated,

(vi) Registration and attendance is recorded by the program's sponsor,

(vii) Documentation of completion is provided, and

(viii) Participants are required to complete an evaluation of the program; and

(b) The program may be formally organized and classified as a course, workshop, seminar, or symposium;

Front 119

(2) Developing and presenting a Category A program which is credited as follows:

Back 119

(a) Up to 3 hours of CEU credit may be claimed by the presenter for each hour of presentation of the program with a maximum of 20 CEUs;

(b) Up to 3 hours of CEU credit may be claimed for each hour of presentation, at a professional or scientific organization, of a professional or scientific paper prepared by the licensee or certificate holder, with a maximum of 6 CEUs per paper; and

(c) Each program may be credited only once in each renewal period; or

Front 120

(3) Authoring, editing, or reviewing a juried publication with CEUs earned only in the year of publication, and only to the following extent:
(a) Author of a book—maximum of ___ CEUs;

(b) Author of a book chapter or journal article—maximum of ___ CEUs;

(c) Editor of a book—maximum of ____ CEUs;

(d) Editor of a scientific or professional journal recognized by the Board—maximum of ___ CEUs for each year of service; or

(e) Reviewer of a professional book, scientific journal, or professional journal recognized by the Board—maximum of ___ CEUs for each year of service.

Back 120

40

15

30

30

10

Front 121

2) Developing and presenting a Category A program which is credited as follows:

(a) Up to ____ hours of CEU credit may be claimed by the presenter for each hour of presentation of the program with a maximum of _______ CEUs;

Back 121

3

20

Front 122

Up to ____ hours of CEU credit may be claimed for each hour of presentation, at a professional or scientific organization, of a professional or scientific paper prepared by the licensee or certificate holder, with a maximum of _____ CEUs per paper; and

(c) Each program may be credited ______ (how many times) in each renewal period; or

Back 122

3

6

only once

Front 123

B. When a certificate holder or licensee, after meeting the education requirements for certification or licensure at the degree level at which the licensee or certificate holder became certified or licensed, completes for credit semester hours of qualifying graduate-level or undergraduate-level course work at an accredited institution of higher education, each semester hour is considered the equivalent of ________ of CEUs.

Back 123

15 hours

Front 124

A. The Board may approve the following activities for CEUs in Category B:

(

three things

Back 124

1) Attendance at or presentation of informal courses, in-house colloquia, invited speaker sessions, in-house seminars, and case conferences which are specifically designed for training, teaching, or both;

(2) Attendance at or presentation of informal non-publicized programs offered at professional or scientific meetings of local, state, regional, national, and international professional or scientific organizations; or

(3) Individualized learning, such as receiving formal professional supervision (except administrative supervision), participation in peer case conference or peer supervision groups, and participation in distance learning programs with evidence of appropriateness, minimum mastery of materials, and completion.

Front 125

true or false

B. Programs that do not meet the criteria for Category A may be eligible for Category B if the programs meet the objectives of this chapter.

Back 125

true

Front 126

A. Authorizing Sponsored Programs.

three things the board shall do lol

Back 126

(1) The Board shall establish a committee to advise the Board on continuing education.

(2) The committee shall evaluate and the Board may authorize applicants to sponsor Category A programs.

(3) The committee may recommend Board approval of programs by authorized sponsors for Category A according to the objectives stated in Regulations .04A and .05 of this chapter.

Front 127

B. Criteria for Program Eligibility.

(1) The Board shall evaluate each continuing education program submitted on the basis of the following criteria:

Back 127

(a) Relevance of the subject matter to increase or support the development of skill and competence in counseling or therapy;

(b) Objectives of specific information or skill to be learned;

(c) Program content, educational methods, materials, and facilities used, including the frequency and duration of sessions and the adequacy to implement objectives; and

(d) Sponsorship and leadership of programs, including:

(i) The qualifications of the sponsoring individual or organization,

(ii) Program leaders if different from sponsors, and

(iii) The contact person if different from those in §B(1)(d)(i) or (ii) of this regulation.

Front 128

true or false

(2) A program sponsored by the American Counseling Association, the National Board for Certified Counselors, the American Association for Marriage and Family Therapy, the National Association of Alcohol and Drug Abuse Counselors, or their regional or state affiliates is automatically approved by the Board for Category A, unless otherwise excluded.

Back 128

true

Front 129

true or false

3) A program sponsored by an accredited institution of higher education and state departments of health and mental hygiene is automatically approved by the Board for Category A, unless otherwise excluded.

Back 129

true

Front 130

(4) The following may be authorized to sponsor Category A programs upon application and approval by the Board:

Back 130

(a) National, state, or local professional, scientific, or mental health organizations;

(b) Those individuals certified or licensed by the Board; and

(c) Other agencies, institutions, or organizations providing continuing education programs in the interest of carrying out the intent of Health Occupations Article, §§17-309 and 17-3A-08, Annotated Code of Maryland, and Regulations .04 and .05 of this chapter.

Front 131

(1) What 2 things must be submitted to the Board for authorization of programs of sponsoring agencies meeting the requirements of these regulations.

Back 131

An application, on a form provided by the Board, shall be made and fee

Front 132

(2) The application shall be submitted to the committee at least _______ before the scheduling of each continuing education program.

Back 132

10 weeks

Front 133

(3) Authorized sponsors shall state in the continuing education program description the following:

3 things

Back 133

(a) "A certificate for (number of hours) CEUs of Category A will be awarded upon completion of this (type of program)";

(b) "(Name of organization) has been approved by the Maryland State Board of Examiners as an authorized sponsor who may provide Category A CEUs for certified or licensed professional counselors, marriage and family therapists, and alcohol and drug counselors"; and

(c) "(Name of organization) maintains responsibility for the program".

Front 134

(4) Authorized sponsors shall maintain documentation of registration and attendance records, stated purpose, content and presentation, time and length of the activity, and participant evaluations for a _______ period following the program that may be audited by the Board.

Back 134

4-year

Front 135

(5) Approved sponsors' programs shall be approved for a _______ period except as otherwise provided in §D of this regulation.

Back 135

2-year period

Front 136

6) Certificate holders and licensees may request, upon ____________ (what must they do) that the Board review programs that do not have pre-approval for awarding CEU units.

Back 136

payment of a fee,

Front 137

true or false

D. Withdrawal of Approval. Authorization may be withdrawn when, in the judgment of the Board, the intent of Health Occupations Article, §§17-309 and 17-3A-08, Annotated Code of Maryland, and Regulations .04, .05, and .06 of this chapter are no longer served.

Back 137

true

Front 138

(2) The certificate holder or licensee who is audited shall ...

Back 138

provide full documentation of CEUs as set forth in Regulation .03D of this chapter on a completed form provided by the Board.

Front 139

(4) A certificate holder or licensee who fails to renew by the renewal date shall ...

Back 139

provide full documentation as set forth in Regulation .03D of this chapter on a completed form provided by the Board.

Front 140

B. Extension of Time to Meet CEU Requirements.

(1) A written request for an extension of time in which to complete CEU requirements shall be submitted by _______ (when)

Back 140

the certificate holder's or licensee's renewal date.

Front 141

(2) The Board may grant an extension and renew a certificate or license if the Board determines that:


2 things

Back 141

(a) Failure to fulfill the requirements is clearly a result of a significant illness, a procedural or technical difficulty, or other circumstances beyond the control of the certificate holder or licensee; and

(b) The certificate holder or licensee readily and appropriately attempted to fulfill the CEU requirements.

Front 142

true or false

3) The Board may deny the request for an extension, deny renewal of the certificate or license, or issue any other order the Board finds appropriate.

Back 142

true

Front 143

(4) CEUs which are acquired in order to fulfill the conditions of an extension may be credited only for the ___________

Back 143

previous renewal period.

Front 144

A. Within 1 calendar year after the certificate or license renewal date, the Board may reinstate the certificate or license of a certificate holder or licensee otherwise entitled to reinstatement under Health Occupations Article, §§17-310(b) and 17-3A-09(b), Annotated Code of Maryland, whose certificate or license was not renewed due to failure to complete continuing education requirements for renewal if the certificate holder or licensee:


2 things

Back 144

(1) Completed within that year the minimum of 40 CEUs required during the prior renewal period as set forth in Regulation .03A of this chapter; and

(2) Pays to the Board a reinstatement fee set by the Board.

Front 145

B. CEUs which are acquired in order to reinstate under §A(1) of this regulation may be credited _____ (how many times) and may not be credited for any future renewals.

Back 145

only once

Front 146

A. In accordance with Health Occupations Article, §§17-310 and 17-3A-09, Annotated Code of Maryland, a request to transfer a certificate or license to inactive status shall be granted on written request and payment of the fee set forth in COMAR 10.58.02.

B. The procedure as shown in §A of this regulation may occur only if ....

Back 146

the certificate or license is still active at the time application for inactive status is made.

Front 147

C. A certificate holder or licensee on inactive status seeking to be reinstated to active status shall be required, as a condition of reinstatement, to submit proof of having completed:

(1) ____ Category A CEUs for 2 or less years of inactive status; or

(2) ____ Category A CEUs for 3 or more years of inactive status, at least 40 of which shall have been obtained within the 2-year period immediately preceding the application for reinstatement.


2 things

Back 147

40

or

80

Front 148

(6) "Penalty" means

Back 148

a monetary penalty.

Front 149

A. Imposition of a Penalty After a Hearing. If, after a hearing under Health Occupations Article, §17-314, Annotated Code of Maryland, the Board finds that there are grounds under Health Occupations Article, §17-313, Annotated Code of Maryland, to place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license or certificate, the Board may impose a penalty not exceeding _______ instead of or in addition to:

3 things

Back 149

$5,000


(1) Placing the licensee or certificate holder on probation;

(2) Reprimanding the licensee or certificate holder; or

(3) Suspending or revoking the license or certificate.

Front 150

B. Imposition of a Penalty Without a Hearing. If, after disciplinary procedures have been brought against a licensee or certificate holder and the licensee or certificate holder waives the right to a hearing required under State Government Article, Title 10, Annotated Code of Maryland, and if the Board finds that there are grounds under Health Occupations Article, §17-313, Annotated Code of Maryland, to place the licensee or certificate holder on probation, reprimand the licensee or certificate holder, or suspend or revoke the license or certificate, the Board may impose a penalty not exceeding _____ for each violation in addition to:

3 things

Back 150

$5,000


(1) Placing the licensee or certificate holder on probation;

(2) Reprimanding the licensee or certificate holder; or

(3) Suspending or revoking the license or certificate.

Front 151

If the Board determines that the imposition of a penalty is appropriate, the Board shall consider the following factors, without limitations, in determining the amount of penalty:

4 things

Back 151

A. The extent to which the licensee or certificate holder derived any financial benefit from the unprofessional or improper conduct;

B. The willfulness of the unprofessional or improper conduct;

C. The extent of actual or potential harm caused by the unprofessional or improper conduct; and

D. The cost of investigating and prosecuting the case against the licensee or certificate holder.

Front 152

A. A licensee or certificate holder shall pay to the Board a penalty imposed under this chapter as of ____________ unless the Board's order specifies otherwise.

Back 152

of the date the Board's order is issued,

Front 153

B. Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, or Health Occupations Article, §17-315, Annotated Code of Maryland, (does or does not???) automatically stay payment of a penalty imposed by the Board under this chapter.

Back 153

Does Not

Front 154

C. If a licensee or certificate holder 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 or certificate until ______________

Back 154

the penalty has been paid in full.

Front 155

true or false

. 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.

Back 155

true

Front 156

E. The Board shall pay all monies collected under this chapter into the _________

Back 156

State's General Fund.

Front 157

The Board may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, and may disclose the information under the following circumstances:

3 things

Back 157

A. The information concerns possible criminal activity and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;

B. The information concerns a possible violation of law and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation and the information disclosed is limited to information relevant to the possible violation by that individual; or

C. The information concerns conduct by an individual which the Board reasonably believes may pose a risk to the public health, safety, or welfare and is disclosed to a law enforcement authority, administrative official, or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges.

Front 158

Abuse.- "Abuse" means:

Back 158

1) the physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed; or
(2) sexual abuse of a child, whether physical injuries are sustained or not.

Front 159

(d) Central registry.-

Back 159

(1) Except as provided in paragraph (2) of this subsection, "central registry" means any component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations.
(2) "Central registry" does not include a local department case file.

Front 160

"Family member" means

Back 160

a relative by blood, adoption, or marriage of a child.

Front 161

(2) "Health practitioner" does not include

Back 161

an emergency medical dispatcher.

Front 162

"Household" means the location:

Back 162

(1) in which the child resides;
(2) where the abuse or neglect is alleged to have taken place; or
(3) where the person suspected of abuse or neglect resides.

Front 163

"Household member" means

Back 163

a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect.

Front 164

"Identifying information" means

Back 164

the name of:
(1) the child who is alleged to have been abused or neglected;
(2) a member of the household of the child;
(3) a parent or legal guardian of the child; or
(4) an individual suspected of being responsible for abuse or neglect of the child.

Front 165

"Indicated" means

Back 165

a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.

Front 166

1) "Law enforcement agency" means a State, county, or municipal police department, bureau, or agency.
(2) "Law enforcement agency" includes:

4 thingz

Back 166

i) a State, county, or municipal police department or agency;
(ii) a sheriff's office;
(iii) a State's Attorney's office; and
(iv) the Attorney General's office.

Front 167

"local department" means the local department that has jurisdiction in the county:

Back 167

(1) where the allegedly abused or neglected child lives; or
(2) if different, where the abuse or neglect is alleged to have taken place.

Front 168

"Local department case file" means

Back 168

that component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations to which access is limited to the local department staff responsible for the investigation.

Front 169

"Mental injury" means

Back 169

the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.

Front 170

"Neglect" means

Back 170

the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:
(1) that the child's health or welfare is harmed or placed at substantial risk of harm; or
(2) mental injury to the child or a substantial risk of mental injury.

Front 171

"Record" means

Back 171

the original or any copy of any documentary material, in any form, including a report of suspected child abuse or neglect, that is made by, received by, or received from the State, a county, or a municipal corporation in the State, or any subdivision or agency concerning a case of alleged child abuse or neglect.

Front 172

"Report" means

Back 172

an allegation of abuse or neglect, made or received under this subtitle.

Front 173

"Ruled out" means

Back 173

a finding that abuse, neglect, or sexual abuse did not occur.

Front 174

Sexual abuse" means

Back 174

any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member.

Front 175

2) "Sexual abuse" includes:


three things

Back 175

(i) incest, rape, or sexual offense in any degree;
(ii) sodomy; and
(iii) unnatural or perverted sexual practices.

Front 176

"Unsubstantiated" means

Back 176

a finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.

Front 177

(a) In general.- Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State:
(1) (i) who has reason to believe that a child has been subjected to abuse, shall notify ______ or the ______; or
(ii) who has reason to believe that a child has been subjected to neglect, shall notify ______; and

Back 177

the local department or appropriate law enforcement agency

the local department

Front 178

if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to ______________

Back 178

the head of the institution or the designee of the head.

Front 179

1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make:
(i) an oral report, by telephone or direct communication, as soon as possible:

to __________ or _________

Back 179

1. to the local department or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to abuse; or
2. to the local department if the person has reason to believe that the child has been subjected to neglect; and

Front 180

(1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make:
(i) an oral report, by telephone or direct communication, as soon as possible:
to ______ or _______ if suspects abuse

or to _________ if suspects neglect

and a written report to

_________ no later than _______ hours after the contact that caused the individual to believe that the child had been subjected to abuse or neglect

with a copy to ________ if they suspect abuse

Back 180

to the local department or appropriate law enforcement agency

or

to the local department

to the local department

48 hours

the local state Attorney

Front 181

(ii) a written report:

1. to the local department not later than ________ after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and

2. with a copy to the ________ if the individual has reason to believe that the child has been subjected to abuse.

Back 181

48 hours

local State's Attorney

Front 182

(c) Contents of report.- Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:
5 things

Back 182

(1) the name, age, and home address of the child;
(2) the name and home address of the child's parent or other person who is responsible for the child's care;
(3) the whereabouts of the child;
(4) the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and
(5) any other information that would help to determine:
(i) the cause of the suspected abuse or neglect; and
(ii) the identity of any individual responsible for the abuse or neglect.

Front 183

"Appraisal" means:

Back 183

(i) Selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics; and
(ii) Using nonstandardized methods and techniques for understanding human behavior in relation to coping with, adapting to, or changing life situations.

Front 184

"Appraisal" does not include instruments which require

Back 184

specialized psychological training for administration and interpretation unless the licensed counselor or therapist has completed the training required under § 17-310 of this title.

Front 185

"Counseling" means assisting an individual, family, or group through the client-counselor relationship:

5 ways

Back 185

(1) To develop understanding of intrapersonal and interpersonal problems;

(2) To define goals;

(3) To make decisions;

(4) To plan a course of action reflecting the needs, interests, and abilities of the individual, family, or group; and

(5) To use informational and community resources, as these procedures are related to personal, social, emotional, educational, and vocational development and adjustment.

Front 186

(1) The Board consists of ______ members appointed by the ______ with the advice of the ____________.

Back 186

13

Governor

Secretary

Front 187

Of the 13 Board members:
(i) _______ shall be licensed as clinical professional counselors;

(ii) _______ shall be licensed as clinical marriage and family therapists;

(iii) _____ shall be licensed as clinical alcohol and drug counselors; and

(iv) ______ shall be consumer members.

Back 187

Five

Three

Three

Two

Front 188

(2) Of the 13 Board members:

(i) Five shall be licensed as ____________

Back 188

clinical professional counselors;

Front 189

(2) Of the 13 Board members:

(ii) Three shall be licensed as ___________

another Three shall be licensed as ___________

Back 189

clinical marriage and family therapists;

and

drug and alcohol counselors

Front 190

(2) Of the 13 Board members:

(iv) Two shall be

Back 190

consumer members.

Front 191

3) The composition of the Board as to the race and sex of its members shall reflect the ___________

Back 191

composition of the population of the State.

Front 192

(4) ______ (who) shall appoint the counselors and therapists from a list submitted to the _______ by the _______. Any association representing professional counselors, marriage and family therapists, or alcohol and drug counselors may submit recommendations for Board members to the __________.

Back 192

The Governor

Governor

Secretary

Secretary

Front 193

Qualifications of consumer member. -- The consumer members of the Board:

Back 193

(1) Shall be members of the general public;
(2) May not be or ever have been certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;
(3) May not have a household member who is certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;
(4) May not participate or ever have participated in a commercial or professional field related to professional counseling, marriage and family therapy, or alcohol and drug counseling;
(5) May not have a household member who participates in a commercial or professional field related to professional counseling, marriage and family therapy, or alcohol and drug counseling;
(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board; and
(7) While members of the Board, may not have a substantial financial interest in a person regulated by the Board

Front 194

(1) The term of a member is ____ years.

Back 194

4

Front 195

(3) At the end of a term, a member continues to serve until __________

Back 195

a successor is appointed and qualifies.

Front 196

(4) A member may not serve more than ______ consecutive full terms.

Back 196

2

Front 197

(5) To the extent practicable, the Governor shall fill any vacancy on the Board within ____ days of the date of the vacancy.

Back 197

60

Front 198

(1) ______ may remove a member for in competency, misconduct, or neglect of duty.

(2) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from _______ successive Board meetings without adequate reason.

Back 198

The Governor

2

Front 199

(b) Additional duties. -- In addition to the duties set forth elsewhere in this title, the Board shall:
(1) Maintain a _______ of all counselors or therapists currently licensed or certified by the Board;

(2) Submit an annual report to the _______ and ________

(3) Adopt a ________ that the Board considers to be appropriate and applicable to the counselors or therapists currently certified or licensed by the Board;

(4) Establish ______ ______ _______ for the counselors or therapists currently certified or licensed by the Board;

(5) Adopt an official ______; and

(6) Create _______ as it deems appropriate to advise the Board on special issues.

Back 199

registry

Governor and the Secretary;

code of ethics

continuing education requirements

seal

committees

Front 200

true or false

(3) The Board shall investigate all complaints filed against licensed counselors and therapists if, at the time of the violation, the licensed counselor or therapist has also registered and qualified for psychology associate status by virtue of holding a master's degree under Title 18 (Maryland Psychologists Act) of this article.

Back 200

true

Front 201

(4) The Board shall notify the Board of Examiners of Psychologists of the complaint in writing within _____ days of receipt of the complaint if an investigation of the supervising licensed psychologists is warranted.

Back 201

60

Front 202

(b)Information to be included on license or certificate. -- The Board shall include on each license and certificate that the Board issues:


5 things

Back 202

(1)The kind of license or certificate;
(2)The full name of the licensee or certificate holder;
(3)A serial number;
(4)The signatures of the chairman and the secretary of the Board; and
(5)The seal of the Board.

Front 203

(c)Replacement of license or certificate. -- The Board may issue a license or certificate to replace a lost, destroyed, or mutilated license or certificate if the licensee or certificate holder ________ (does what?)

Back 203

pays the replacement fee set by the Board.

Front 204

(1)A license or certificate expires on the date set by the Board, unless the license or certificate is renewed for an additional term as provided in this section.
(2)A license or certificate may not be renewed for a term longer than________

Back 204

2 years.

Front 205

At least _______ before the license or certificate expires, the Board shall send to the licensee or certificate holder, by first-class mail to the last known address of the licensee or certificate holder

Back 205

1 month

Front 206

a renewal notice that states:

three things

Back 206

1)The date on which the current license or certificate expires;
(2)The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license or certificate expires; and
(3)The amount of the renewal fee.

Front 207

(d)Requirements for renewal for two-year term. -- Before the license or certificate expires, the licensee or certificate holder periodically may renew it for an additional 2-year term, if the licensee or certificate holder:

4 thigns

Back 207

(1)Otherwise is entitled to be licensed or certified;
(2)Pays to the Board the renewal fee set by the Board;
(3)Submits to the Board a renewal application on the form that the Board requires; and
(4)Submits satisfactory evidence of compliance with any continuing education requirements as required by the Board for license or certificate renewal.

Front 208

The Board may not authorize __________ towards the completion of the continuing education requirements.

Back 208

home study

Front 209

(1)Except as provided in paragraph (3) of this subsection, the Board shall place a licensee or certificate holder on inactive status, if the licensee or certificate holder:


2 things

Back 209

(i)Submits to the Board an application for inactive status on the form required by the Board; and
(ii)Pays the inactive status fee set by the Board.

Front 210

true or false

(3)The Board may not place a certified professional counselor-marriage and family therapist or a certified professional counselor on inactive status.

Back 210

true

Front 211

(1)Except as provided in paragraph (2) of this subsection, the Board, in accordance with its regulations, (may or may not??) reinstate the license of a licensee or the certificate of a certificate holder who has failed to renew the license or certificate for any reason.

Back 211

may

Front 212

(2)The Board (may or may not??) reinstate the certificate of a certified professional counselor-marriage and family therapist or certified professional counselor who has failed to renew the certificate for any reason.

Back 212

may not!

Front 213

Each licensee or certificate holder shall display the license or certificate ______ in the licensee's or certificate holder's office or place of employment.

Back 213

conspicuously

Front 214

Any individual who is licensed under Subtitle 3 of this title or certified under Subtitle 4 of this title may not charge a client or receive remuneration for counseling or therapy services unless:
(1)Before the performance of those services, the client is furnished a copy of a ________ ________ _______; or
(2) (i)This _____ _____ _____ is displayed in a conspicuous location at the place where the services are performed; and
(ii)A copy of the statement is provided to the client on request.

Back 214

a professional disclosure statement

professional disclosure statement

Front 215

Contents. -- The professional disclosure statement shall contain:

5 things

Back 215

(1)The name, title, business address, and business telephone number of the licensee or certificate holder performing the services;
(2)The formal professional education of the licensee or certificate holder, including the institutions attended and the degrees received from them;
(3)The areas of specialization of the licensee or certificate holder and the services provided;
(4)In the case of an individual licensed under Subtitle 3 of this title or certified under Subtitle 4 of this title who is engaged in a private individual practice, partnership, or group practice, the individual's fee schedule listed by type of service or hourly rate;
(5)At the bottom of the first page of the disclosure statement, the words, "This information is required by the Board of Professional Counselors and Therapists, which regulates all licensed and certified counselors and therapists."; and
(6)Immediately beneath the statement required by item (5) of this subsection, the name, address, and telephone number of the Board.

Front 216

In general. -- Unless the Board agrees to accept the surrender of a license or certificate, while the licensee or certificate holder is under investigation or while charges are pending against the licensee or certificate holder, a regulated counselor or therapist may not:

2 things

Back 216

(1)Surrender the license or certificate; or

(2)Allow the license or certificate to lapse by operation of law.

Front 217

true or false

The Board may set conditions on its agreement with the regulated counselor or therapist under investigation or against whom charges are pending to accept surrender of the license or certificate.

Back 217

true

Front 218

Subject to the hearing provisions of § 17-511 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license or certificate to any applicant, place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license of any licensee or a certificate of any certificate holder if the applicant, licensee, or certificate holder:

18 things haha

Back 218

(1)Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant, licensee, or certificate holder or for another;
(2)Habitually is intoxicated;
(3)Provides professional services:
(i)While under the influence of alcohol; or
(ii)While using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(4)Aids or abets an unauthorized individual in practicing clinical or nonclinical counseling or therapy or representing to be an alcohol and drug counselor, marriage and family therapist, or professional counselor
(5)Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;
(6)Willfully makes or files a false report or record in the practice of counseling or therapy;
(7)Makes a willful misrepresentation while counseling or providing therapy;
(8)Violates the code of ethics adopted by the Board;
(9)Knowingly violates any provision of this title;
(10)Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(11)Is professionally, physically, or mentally incompetent;
(12)Submits a false statement to collect a fee;
(13)Violates any rule or regulation adopted by the Board;
(14)Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutes;
(15)Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified or the certificate holder is certified and qualified to render because the individual is HIV positive;
(16)Commits an act of immoral or unprofessional conduct in the practice of clinical or nonclinical counseling or therapy;
(17)Knowingly fails to report suspected child abuse in violation of § 5-704 of the Family Law Article; or
(18)Fails to cooperate with a lawful investigation conducted by the Board.

Front 219

(a)In general. -- If after a hearing under § 17-511 of this subtitle the Board finds that there are grounds under § 17-509 of this subtitle to place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license or certificate, the Board may impose a penalty not exceeding _______:
(1)Instead of placing the licensee or certificate holder on ___________

(2)In addition to placing the licensee or certificate holder on _______

Back 219

$ 5,000

probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate; or

probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate.

Front 220

- The Board shall pay any money collected under this section into the ___________________

Back 220

General Fund of the State.

Front 221

true or false
(2) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

Back 221

true

Front 222

a) Person aggrieved (feeling resentment at having been unfairly treated ) by final decision of Board in contested case. -- Except as provided in this section for an action under § 17-409 of this title, any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-201 of the State Government Article, may:

2 things

Back 222

(1) Appeal that decision to the Board of Review; and
(2) Then take any further appeal allowed by Title 10, Subtitle 2 of the State Government Article.

Front 223

(b)Person aggrieved by final decision of Board denying, suspending or revoking license or certificate. -- Any person aggrieved by a final decision of the Board under § 17-509 of this subtitle:
(1)May not appeal to the ___________ but
(2)May take a direct judicial appeal as provided in Title 10, Subtitle 2 of the State Government Article.

Back 223

Board of Review;

Front 224

true or false

An order of the Board may not be stayed pending judicial review.

(A stay is a suspension of a case or a suspension of a particular proceeding within a case.)

Back 224

true

Front 225

The Board (may or may not) appeal from any decision that reverses or modifies its order.

Back 225

may

Front 226

a)In general. -- An action may be maintained in the name of the State or the Board to enjoin:
(a court to order that someone either do a specific act, cease a course of conduct, or be prohibited from committing a certain act.)

2 things

Back 226

(1)The unauthorized practice of alcohol and drug counseling and clinical alcohol and drug counseling, marriage and family therapy and clinical marriage and family therapy, or professional counseling and clinical professional counseling; or
(2)Conduct that is a ground for disciplinary action under § 17-509 of this subtitle.

Front 227

Injunction
An action under this section may be brought by:

3 diff people

Back 227

(1) The Board, in its own name;
(2)The Attorney General, in the name of the State; or
(3)A State's Attorney, in the name of the State.

Front 228

Injunction
(c)Venue. -- An action under this section shall be brought in the county where the defendant:

2 diff places

Back 228

(1)Resides; or
(2)Engages in the acts sought to be enjoined.

Front 229

Proof of actual damages or that any person will sustain any damages if an injunction is not granted (is or is not??) required for an action under this section.

Back 229

is not

Front 230

true or false
An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of alcohol and drug counseling and clinical alcohol and drug counseling, marriage and family therapy and clinical marriage and family therapy, or professional counseling and clinical professional counseling, under § 17-301, § 17-601, § 17-602, or § 17-603 of this title or disciplinary action under § 17-509 of this subtitle.

Back 230

True!!

Front 231

Reinstatement of revoked license or certificate, reduction of suspension or probation period, or withdrawal of reprimand. For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:

3 things

Back 231

(1)Reinstate a license or certificate that has been revoked;
(2)Reduce the period of a suspension or probation; or
(3) Withdraw a reprimand.

Front 232

what is the function of a counselor and therapist rehabilitation committee?

Back 232

a counselor and therapist rehabilitation committee evaluates and provides assistance to any alcohol and drug counselor, marriage and family therapist, professional counselor, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

Front 233

1)Except as otherwise provided in this subsection, the proceedings, records, and files of the counselor and therapist rehabilitation committee are not discoverable and (are or are not) admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the counselor and therapist rehabilitation committee.

Back 233

are not

Front 234

(2)Paragraph (1) of this subsection does not apply to any record or document that is considered by the counselor and therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

Back 234

read this again ask mike ??

Front 235

true or false

f)Good faith exemption from civil liability. -- A person who acts in good faith and within the scope of jurisdiction of a counselor and therapist rehabilitation committee is not civilly liable for any action as a member of the counselor and therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the counselor and therapist rehabilitation committee.

Back 235

true

Front 236

Any person who violates any provision of this subtitle or § 17-301 (a person who identifies themself as licensed as a counselor by the state, but is not) of this title is guilty of a _________ and on conviction is subject to a fine not exceeding $________ or imprisonment not exceeding ______ or both.

Back 236

misdemeanor

$ 2,000

1 year

Front 237

(1) Consult with other counselors or other relevant professionals regarding questions related to

Back 237

ethical obligations or professional practice;

Front 238

2) Take credit only for professional work _______

Back 238

actually performed;

Front 239

3) Notify the Board if the counselor's license, or certificate, or both,

Back 239

has been limited, restricted, suspended, revoked, or subject to disciplinary action by any other state, federal agency, or the District of Columbia;

Front 240

(4) Disclose, to all involved, conflicts of interest regarding ;

Back 240

confidentiality requirements

Front 241

A. Client Welfare and Rights.

(1) A counselor shall:

(a) Inform clients of the _____ _____ _______ _____ ______ ______ and ______ of services to be performed;

Back 241

purposes, goals, techniques, procedures, limitations, potential risks, and bene

Front 242

(b) Explain to clients the implications of ________, the intended use of _____ and _____, fees, and billing arrangements;

Back 242

diagnosis

tests and reports

Front 243

Document attempts to inform other professional persons concurrently providing mental health services to a client;

Back 243

dont forget that

Front 244

dont do this

(2) A counselor may not:

(a) Place or participate in placing clients in positions that may result in damaging the interests and the welfare of clients, employees, employers, or the public;

(b) Condone or engage in discrimination based on age, color, culture, disability, ethnic group, gender, race, religion, sexual orientation, marital status, or socioeconomic status;

(c) Abandon or neglect clients in counseling; or

(d) Foster dependent counseling relationships.

Back 244

..

Front 245

"local department" means

Back 245

a department of social services for a county in this State.

Front 246

"Administration" means

Back 246

the Social Services Administration of the Department.