Maryland Administrative Code

.06 Telehealth Practitioner Discipline. A. The Board shall use the same standards of evaluating and investigating a complaint about and in disciplining a telehealth practitioner who practices telehealth as it would use for a licensee who does not use telehealth technology in the …

.01 Definitions. A. In this subtitle, the following terms have the meanings indicated. B. Terms Defined. (1) “Acting program administrator” means an individual approved by the Board to practice as an interim residential child care program administrator for 180 days unless the tim…

.01 Application Procedures. A. In order to obtain a certificate as a residential child care program administrator, the applicant shall submit to the Board: (1) An application on the form provided by the Board; (2) The application fee set forth in COMAR 10.57.07; (3) Independent w…

.02 Academic and Experience Requirements. A. Degrees and Experience. For certification as a certified program administrator, an applicant shall submit proof of one of the following to the Board: (1) Receipt of a baccalaureate degree from an accredited college or university and 4 …

.03 Examination Procedures. A. Unless waived by the Board as provided in §D of this regulation, an applicant shall pass a Board-approved written examination before certification. B. A minimum passing score of 75 percent is required on the examination. C. In order to qualify for c…

.04 Action on Application. A. Criminal History Record Information. (1) Upon receipt of an applicant’s criminal history records information in accordance with Health Occupations Article, §20-303, Annotated Code of Maryland, the Board shall consider the following factors in determi…

.05 Expiration and Renewal. A. Unless the Board suspends or revokes the certificate, the certification is effective for up to 2 years from the date issued and authorizes the individual to administer a residential child care program. B. At least 1 month before the certificate expi…

.06 Reinstatement. A. The Board shall reinstate the certificate of a program administrator who has failed to renew the certificate for any reason, if the individual: (1) Has not had the certificate suspended or revoked; (2) Meets the renewal requirements in Regulation .05 of this…

.07 Duplicate or Corrected Certificate. The Board shall issue a duplicate certificate, electronically, to the certificate holder if: A. The certificate holder has a change of name and does the following: (1) Makes the request to the Board in writing on the form provided by the Bo…

.08 Resignation, Removal, or Death of a Program Administrator. A. If a program administrator resigns or is removed from a position as a program administrator by death or for any other unexpected cause, the residential child care program's Chief Administrator or other appropriate …

.09 Display of Certificate and Renewal Certificates. An individual certified as a residential child care program administrator shall display an original certificate and certificate card, or certificate renewal card in a conspicuous place in the office or place of business or empl…

.01 Application Procedures. A. In order to obtain a certificate as a residential child and youth care practitioner, the applicant shall submit to the Board: (1) An application on the form provided by the Board; (2) The application fee set forth in COMAR 10.57.07; and (3) Evidence…

.02 Academic and Experience. A. Academic Experience. For certification as a certified residential child and youth care practitioner, an applicant shall submit the following documents to the Board: (1) A copy of a high school diploma or equivalent; (2) Evidence of at least 2 years…

.03 Certification. A. In order to obtain certification as a residential child and youth care practitioner by completion of an approved residential child and youth care training program, the applicant shall: (1) Meet the age requirement set forth in Health Occupations Article, §20…

.04 Examination Procedures. A. An applicant shall pass a Board-approved examination before certification. B. A minimum passing score of 75 percent is required on the examination. C. An applicant shall pass the examination within 180 days of hire. D. Reexamination. An applicant wh…

.05 Action on Application. A. Criminal History Record Information. (1) Upon receipt of an applicant’s criminal history records information in accordance with Health Occupations Article, §20-303, Annotated Code of Maryland, the Board shall consider the following factors in determi…

.06 Expiration and Renewal. A. Unless the Board suspends or revokes the certificate, the certification: (1) Is effective for 2 years from the date issued; and (2) Authorizes the individual to perform direct responsibilities related to activities of daily living, self-help, and so…

.07 Reinstatement. A. The Board shall reinstate the certificate of a residential child and youth care practitioner who has failed to renew the certificate for any reason, if the individual: (1) Has not had the certificate suspended or revoked; (2) Pays to the Board the reinstatem…

.08 Duplicate or Corrected Certificate. The Board shall issue a duplicate certificate, electronically, to the certificate holder if: A. The certificate holder has a change of name and does the following: (1) Makes the request to the Board in writing on the form provided by the Bo…

.09 Initial and Renewal Certificates. A. A certified residential child care and youth care practitioner shall provide to the residential child care program where they are employed: (1) The certificate card; or (2) Written verification from the Board of their certification. B. Upo…

.01 Conditions of Certification Renewal; Continuing Education Units Required. A. The Board shall renew a certificate for an additional 2-year period if the certified program administrator: (1) Otherwise is entitled to be certified as set forth in COMAR 10.57.02; (2) Pays to the B…

.02 Qualifying Continuing Education. A. The certified program administrator or certified residential child and youth care practitioner shall complete continuing education units that foster improvement, advancement, and extension of the certified program administrator's or certifi…

.03 Obtaining Board Approval for Continuing Education Activities. A. Authorization of Sponsors of Continuing Education. (1) The following organizations are recognized by the Board as automatic sponsors, and may sponsor, or approve, or both, continuing education: (a) State, region…

.04 Reporting, Documenting, and Auditing Compliance with Continuing Education Requirements. A. A certified program administrator or certified residential child and youth care practitioner who has completed the continuing education requirements shall attest to that on a form suppl…

.05 Waiver of Continuing Education Requirements. The Board, at its discretion, may waive all or part of the requirements of Regulation .01A(3)(b) or B(3)(b) of this chapter.

.01 Scope. This chapter applies to all individuals licensed by the Board including: A. Certified residential child care program administrators; and B. Certified residential child and youth care practitioners.

.02 Public Protection. The residential child care program administrator and the residential child and youth care practitioner accept the obligation to protect the public by: A. Upholding the Code of Ethics, as set forth in this chapter; and B. Reporting alleged violations of this…

.03 General Conduct. A. The primary concern of the residential child care program administrator and the residential child and youth care practitioner shall be the welfare of children and youth placed in the residential child care program. B. The certified residential child and yo…

.04 Sexual Misconduct. A. The certified residential child care program administrator or certified residential child and youth care practitioner may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to: (1) Inappropriate sex…

.05 Physical Contact. The certified residential child care program administrator or certified residential child and youth care practitioner engaging in physical contact with a client as an accepted component of a professionally recognized, nontraditional treatment modality shall …

.06 Sanctions. A. A certified residential child care program administrator or certified residential child and youth care practitioner is subject to sanctions if the certified residential child care program administrator or certified residential child and youth care practitioner: …

.07 Rehearings. A. A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on him of the decision and order. Action on an application shall lie in the discretion of the Board. B. Unless otherwise ordered, neither the rehearing nor…

.08 Appeals. An individual whose certificate has been revoked or suspended by the Board, or any individual placed on probation or reprimand under this chapter, may appeal the Board's decision as provided by law.

.01 Notice of Hearing. 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: (1) Date, time, and place of the hearing; and (2) Except as provided in §C of this regulation, issues or cha…

.02 Representation of Parties. Each party appearing at formal hearings shall have the right to appear in proper person or by or with counsel.

.03 Prehearing Procedures. A. Discovery. (1) Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following: (a) A li…

.04 Conduct of the Hearing. A. Board Majority. Each hearing shall be held before not less than a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-207, Annotated Code of Maryland. A delegation of authority shall be subject to …

.05 Records and Transcript. A. The Board shall prepare an official record, which shall include all pleadings, testimonies, exhibits, and other memoranda or material filed in the proceeding. B. A stenographic record of the proceedings shall be made at the expense of the Board. Thi…

.06 Decision and Order. A. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law. B. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to…

.07 Rehearings. A. A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on him of the decision and order. Action on an application shall lie in the discretion of the Board. B. Unless otherwise ordered, neither the rehearing nor…

.08 Appeals. An individual whose certificate has been revoked or suspended by the Board, or any individual placed on probation or reprimand under this chapter, may appeal the Board's decision as provided by law.

.01 Fee Schedule. The following fees are established by the Board: A. Residential Child Care Program Administrators: (1) The Board shall prorate the initial application fee for applicants who apply for initial certification in the following manner: (a) Within 2 years to 18 months…

.02 Refunds. Fees are nonrefundable and nontransferable.

.01 Disclosure for Compelling Public Purpose. A. A custodian may disclose information in a certification or investigative file if the custodian determines that a compelling public purpose exists to warrant disclosure. B. A custodian may find that a compelling public purpose warra…

.01 Outstanding Taxes or Unemployment Insurance Contributions. A. When a renewal applicant has been identified as delinquent by the Office of the Comptroller or the Maryland Department of Labor, the Board shall issue a written notice to the renewal applicant stating that: (1) The…

.01 Scope. This chapter establishes standards for the imposition of disciplinary sanctions, not exceeding the maximum provided pursuant to Health Occupations Article, §20-405, Annotate Code of Maryland, against any residential child care program administrator or residential child…

.02 Definitions. A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the State Board for the Certification of Residential Child Care Program Professionals. (2) “Certificate” means a certificate issued by the Board to practice a…