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10.58.06.00.htm 10.58.06.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 58 BOARD OF PROFESSIONAL COUNSELORS AND THERAPISTS Chapter 06 Teletherapy Authority: Health Occupations Article, §1-901―1-903, Annotated Code of Maryland Ch. 505, Acts of 2008
10.58.06.01.htm 10.58.06.01. 01 Scope.. This chapter applies to the following who provide behavioral health services using teletherapy in Maryland:A. Certified associate counselor-alcohol and drug (CAC-AD). B. Certified professional counselor (CPC). C. Certified professional counselor-alcohol and drug (CPC-AD). D. Certified professional counselor-marriage and family therapist (CPC-MFT). E. Certified supervised counselor-alcohol and drug (CSC-AD). F. Licensed clinical alcohol and drug counselor (LCADC).
10.58.06.02.htm 10.58.06.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) “Board” means the Maryland Board of Professional Counselors and Therapists.. 2) “Client” means the individual, couple, family, group, business, agency, school, organization, or association that the counselor or therapist provides, or has provided, with professional services.3) “Counselor or therapist” means an individual who is licensed or certified by the Board to practice:
10.58.06.03.htm 10.58.06.03. 03 Licensure.. A counselor or therapist licensed or certified in Maryland may provide counseling services using teletherapy if one or both of the following occurs:A. The individual practicing teletherapy is physically located in Maryland; or. B. The client is in Maryland..
10.58.06.04.htm 10.58.06.04. 04 Standards of Practice for Teletherapy.. A. Before providing teletherapy services, a counselor or therapist shall develop and follow a procedure to:1) Verify the identification of the client receiving teletherapy services;. 2) Obtain informed consent specific to teletherapy services using appropriate language understandable to the client;3) Prevent access to data by unauthorized persons through encryption, or other means;. 4) Notify clients in the event of a data breach;.
10.58.06.05.htm 10.58.06.05. 05 Client Evaluation.. A. A counselor or therapist shall perform a client evaluation adequate to establish diagnoses and identify underlying conditions or contraindications to recommended treatment options before providing treatment.B. If the evaluation is adequate to comply with §A of this regulation, a counselor or therapist may use:1) Live synchronous audio-visual communication;. 2) Other methods of performing a counseling examination remotely; or.
10.58.06.06.htm 10.58.06.06. 06 Discipline.. A. The Board shall use the same standards in evaluating and investigating a complaint and disciplining a counselor or therapist who practices teletherapy as it would use for a counselor or therapist who does not use teletherapy technology.B. The failure of a counselor or therapist to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.
10.58.06.9999.htm 10.58.06.9999. Administrative History Effective date:. Regulations .01―03 adopted as an emergency provision effective December 14, 1998 (26:1 Md. R. 18) adopted permanently effective May 31, 1999 (26:11 Md. R. 855)Regulation .03 amended effective October 18, 1999 (26:21 Md. R. 1630) ―. Regulations .01―03, Licensure by Waiver, repealed and new Regulations .01―06, Teletherapy, adopted effective June 17, 2019 (46:12 Md. R. 546)
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