10.63.01.04

.04 Exempt Providers.

A. In accordance with Health-General Article, §7.5-401, Annotated Code of Maryland, the following providers are exempt from the requirements of, and are not required to be licensed under, this subtitle:

(1) Except as provided in §B of this regulation:

(a) A health professional, in either a solo practice or group practice, who is licensed under the Health Occupations Article; and

(b) Is providing services in accordance with the requirements of the appropriate professional board;

(2) Alcoholics Anonymous;

(3) Narcotics Anonymous;

(4) Recovery residences;

(5) Peer support services;

(6) Family-provided support services;

(7) An employees’ assistance program of a business entity;

(8) Outpatient behavioral health treatment and rehabilitation services provided in regulated space of a hospital, as defined in Health-General Article, §19-301, Annotated Code of Maryland, if the hospital is accredited by an approved accreditation organization under the accreditation organization’s behavioral health standards; and

(9) A therapeutic group home authorized under:

(a) Health-General Article, §§10-920—10-923, Annotated Code of Maryland;

(b) COMAR 10.21.07; and

(c) COMAR 14.31.05—14.31.07;

B. Notwithstanding the provisions of §A of this regulation, a provider shall have a valid and current license under this subtitle in order to provide the following services:

(1) DUI education programs as described in COMAR 10.63.05.05; and

(2) Substance-related disorder programs as described in COMAR 10.63.03.11—.14.

C. The Department may exempt a program from the requirements of this subtitle:

(1) If the program:

(a) Is a pilot project;

(b) Is a federal or State demonstration project; or

(c) Does not fall within any of the program descriptions set out in:

(i) COMAR 10.63.03;

(ii) COMAR 10.63.04; or

(iii) COMAR 10.63.05; and

(2) If the program demonstrates to the satisfaction of the Department that it is subject to:

(a) Contractual provisions;

(b) Conditions of grant award; or

(c) Other requirements that are comparable to the regulations in this subtitle.