10.42.03.03

.03 Responsibilities to Clients.

A. The licensee shall:

(1) Apprise the client of the risks, opportunities, and obligations associated with services available to the client;

(2) Make the fee for service clear, maintain adequate financial records, stipulate payment schedules, and confirm arrangements for financial reimbursement with the client;

(3) Notify the client promptly and seek the transfer, referral, or continuation of service in relation to the client's need or preference if the licensee anticipates the termination or interruption of service;

(4) Prepare and disseminate to an identified colleague or record custodian a written plan for the transfer of clients and files in the event of the licensee's incapacitation, death, or termination of service; and

(5) Maintain documentation in the client's record which:

(a) Is legible;

(b) Accurately reflects the services provided, including treatment plans, treatment goals, and contact notes;

(c) Indicates the time and date the services were provided;

(d) Protects the client's privacy by including only information directly relevant to the delivery of services;

(e) Is sufficient and timely to facilitate the delivery and continuity of services to be delivered in the future;

(f) Is reasonably accessible for the period required in Health General Article, §4-403, Annotated Code of Maryland, after termination of services; and

(g) Ensures that no confidential information is disseminated and identities are protected when computer and internet technologies are used.

B. The licensee may not:

(1) Participate or condone dishonesty, fraud, deceit, or misrepresentation;

(2) Misrepresent professional qualifications, education, experience, or affiliation;

(3) Exploit a relationship with a client for personal advantage or satisfaction;

(4) Engage in solicitation which amounts to fraud, intimidation, or undue influence, including but not limited to in-person, telephone, social media, or direct mail solicitation;

(5) Practice, condone, facilitate, or collaborate with discrimination on the basis of race, gender, sexual orientation, age, religion, national origin, socioeconomic status, disability, or any other basis proscribed by law;

(6) Engage or participate in an action that violates or diminishes the civil or legal rights of a client;

(7) Share with another individual a confidence revealed by a client without a client's consent, except if there is danger to self or to another individual, or for a compelling professional reason; or

(8) Share a fee or accept or give something of value for receiving or making a referral.