10.58.03.08

.08 Records, Confidentiality, and Informed Consent.

A. A counselor shall:

(1) Maintain the privacy and confidentiality of a client and a client's records;

(2) Release mental health records or information about a client only with a client's consent, or as permitted by Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland;

(3) Release alcohol and substance abuse records or information about a client only with a client's consent, or as permitted by State and federal law;

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

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

(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;

(6) Obtain full informed consent of a client participating in a human research program; and

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

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