Health Occupations (GHO) — Title 17. Professional Counselors and Therapists

In this title the following words have the meanings indicated.

“Alcohol and drug counseling” means assisting an individual, family, or group through the client–counselor relationship:

“Art therapy” means the integrated use of psychotherapeutic principles, art media, and the creative process to assist individuals, families, or groups in:

“Board” means the State Board of Professional Counselors and Therapists.

“Certificate” means a certificate issued by the Board to practice professional counseling.

“Certified professional counselor” means a professional counselor who is certified by the Board.

“Certified professional counselor–marriage and family therapist” means an individual who is certified by the Board to practice marriage and family therapy in the State.

“Counseling” means assisting an individual, family, or group through the client–counselor relationship:

“Fund” means the State Board of Professional Counselors and Therapists Fund.

“License” means, unless the context requires otherwise, a license issued by the Board authorizing an individual to practice:

“Licensed graduate alcohol and drug counselor” means an individual approved by the Board to practice graduate alcohol and drug counseling.

“Licensed graduate marriage and family therapist” means an individual approved by the Board to practice graduate marriage and family therapy.

“Licensed graduate professional art therapist” means an individual approved by the Board to practice graduate professional art therapy.

“Licensed graduate professional counselor” means an individual approved by the Board to practice graduate professional counseling.

“Marriage and family therapy” means applying marriage and family systems theory, principles, methods, therapeutic techniques, and research in:

“Practice alcohol and drug counseling” means to engage professionally and for compensation in alcohol and drug counseling activities while representing oneself to be a certified professional counselor–alcohol and drug, a certified supervised counselor–alcohol and drug, or a certified associate counselor–alcohol and drug.

“Practice clinical alcohol and drug counseling” means to engage professionally and for compensation in alcohol and drug counseling and appraisal activities by providing services involving the application of counseling principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional or mental conditions of individuals or groups.

“Practice clinical marriage and family therapy” means to engage professionally and for compensation in marriage and family therapy and appraisal activities by providing services involving the application of therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional or mental conditions of individuals or groups.

“Practice clinical professional art therapy” means to engage professionally and for compensation in art therapy and appraisal activities by providing services involving the application of art therapy principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional or mental conditions of individuals or groups.

“Practice clinical professional counseling” means to engage professionally and for compensation in counseling and appraisal activities by providing services involving the application of counseling principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems and emotional or mental conditions of individuals or groups.

“Practice graduate alcohol and drug counseling” means to practice clinical alcohol and drug counseling:

“Practice graduate marriage and family therapy” means to practice clinical marriage and family therapy:

“Practice graduate professional art therapy” means to practice clinical professional art therapy:

“Practice graduate professional counseling” means to practice clinical professional counseling:

“Practice marriage and family therapy” means to engage professionally and for compensation in marriage and family therapy activities while representing oneself to be a certified professional counselor–marriage and family therapist.

“Practice professional counseling” means to engage professionally and for compensation in counseling and appraisal activities while representing oneself to be a certified professional counselor.

The General Assembly finds that the profession of counseling and therapy profoundly affects the lives and health of the people of this State.

The purpose of this title is to protect the public by:

The consumer members of the Board:

Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.

From among its members, the Board annually shall elect:

The Board shall determine:

A majority of the full authorized membership of the Board is a quorum.

The Board shall meet at least once a year, at the times and places that it determines.

Each member of the Board is entitled to reimbursement for expenses at a rate determined by the Board.

The Board may employ a staff in accordance with the budget of the Board.

In addition to the powers set forth elsewhere in this title, the Board may adopt rules and regulations to carry out the provisions of this title.

In addition to the duties set forth elsewhere in this title, the Board shall:

The Board shall establish or select examinations that the Board considers appropriate to determine the ability of an applicant to be licensed or certified by the Board.

There is a State Board of Professional Counselors and Therapists Fund.

The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

Except as otherwise provided in subsection (b) of this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual may not practice, attempt to practice, or offer to practice clinical alcohol and drug counseling, clinical marriage and family therapy, clinical professional art therapy, or clinical professional counseling in the State unless licensed by the Board.

Subject to the regulations of the Board, subsection (a) of this section does not apply to:

This subtitle may not be construed to limit the scope of practice of any individual who is duly licensed under this article.

To qualify for a license to practice clinical alcohol and drug counseling, an applicant shall be an individual who meets the requirements of this section.

The applicant shall be of good moral character.

The applicant shall be at least 18 years old.

Except as provided in § 17–305 of this subtitle, the applicant shall:

The applicant shall:

The applicant shall provide documentation to the Board evidencing the completion of any educational requirements established by the Board in regulation, completed at an accredited educational institution approved by the Board.

Except as otherwise provided in this title, the applicant shall pass:

To qualify for a license to practice clinical marriage and family therapy, an applicant shall be an individual who meets the requirements of this section.

The applicant shall be of good moral character.

The applicant shall be at least 18 years old.

The applicant shall have completed not less than 2 years with a minimum of 2,000 hours of supervised experience in marriage and family therapy approved by the Board, 2 years of which shall have been completed after the award of the master’s or doctoral degree or its substantial equivalent.

The applicant shall provide documentation to the Board evidencing the completion of any educational requirements established by the Board in regulation, completed at an accredited college or university approved by the Board.

The applicant shall provide documentation evidencing the completion of 2 years of postgraduate supervised clinical experience as required by the Board.

Except as otherwise provided in this title, the applicant shall pass an examination approved by the Board.

Except as provided in § 17–307 of this subtitle, to qualify for a license to practice clinical professional counseling, an applicant shall be an individual who meets the requirements of this section.

The applicant shall be of good moral character.

The applicant shall be at least 18 years old.

The applicant shall provide documentation to the Board evidencing the completion of any educational requirements established by the Board in regulation, in the applicant’s respective area of practice from an accredited college or university program approved by the Board.

The applicant shall provide documentation evidencing the completion of 2 years of postgraduate supervised experience as required by the Board.

Except as otherwise provided in this title, the applicant shall pass an examination approved by the Board.

Except as provided in § 17–307.1 of this subtitle, to qualify for a license to practice clinical professional art therapy, an applicant shall be an individual who meets the requirements of this section.

The applicant shall be of good moral character.

The applicant shall be at least 18 years old.

The applicant shall provide documentation to the Board evidencing the completion of any educational requirements established by the Board in regulation, from an accredited college or university program that is approved by the Board.

The applicant shall provide documentation evidencing the completion of 2 years of postgraduate supervised experience as required by the Board.

Except as otherwise provided in this title, the applicant shall pass an examination approved by the Board.

The Board shall waive the requirements for licensure for an applicant to practice clinical alcohol and drug counseling if the applicant:

The Board may waive educational and experience requirements established under subsection (a)(4) of this section:

The Board shall adopt regulations to implement this section.

Subject to subsection (b) of this section, the Board shall waive the requirements for licensure under § 17–303(d), (e), (f), and (h) of this subtitle for an applicant to practice clinical marriage and family therapy if the applicant:

The Board:

The Board shall adopt regulations to implement this section.

The Board shall waive the requirements for licensure for an applicant to practice clinical professional counseling if the applicant:

The Board shall adopt regulations to implement this section.

The Board shall waive the requirements for licensure for an applicant to practice clinical professional art therapy if the applicant:

The Board shall adopt regulations to implement this section.

A license authorizes the licensee to practice clinical alcohol and drug counseling, clinical marriage and family therapy, clinical professional counseling, or clinical professional art therapy while the license is effective.

An individual licensed under this subtitle may provide services involving the application of counseling principles and methods in the diagnosis, prevention, treatment, and amelioration of psychological problems, emotional conditions, or mental conditions of individuals or groups.

The Board may adopt regulations to allow an individual to practice under clinical supervision as a licensed graduate alcohol and drug counselor, a licensed graduate marriage and family therapist, a licensed graduate professional counselor, or a licensed graduate professional art therapist.

To qualify to practice as a licensed graduate alcohol and drug counselor, a licensed graduate marriage and family therapist, a licensed graduate professional counselor, or a licensed graduate professional art therapist, an individual shall be:

An individual may practice graduate alcohol and drug counseling under supervision for a limited period of time if the individual has:

An individual may practice graduate marriage and family therapy under supervision for a limited period of time if the individual has:

An individual may practice graduate professional counseling under supervision for a limited period of time if the individual has:

An individual may practice graduate professional art therapy under supervision for a limited period of time if the individual has a master’s or doctoral degree in art therapy that meets the educational requirements of § 17–304.1 of this subtitle.

An individual may not practice without approval by the Board.

In this section “advanced assessment activities” means the use of appraisal instruments that require specialized psychological training for administration and interpretation.

A licensed counselor or therapist may engage in advanced assessment activities if the licensed counselor or therapist has completed training that includes:

This section does not apply to an individual authorized to practice alcohol and drug counseling, marriage and family therapy, professional art therapy, or professional counseling in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article.

Except as provided in § 17–405 of this subtitle, to qualify as a certified associate counselor–alcohol and drug, an applicant shall:

Except as otherwise provided in this title, the applicant shall pass:

A certified associate counselor–alcohol and drug shall practice alcohol and drug counseling under the supervision of a Board–approved alcohol and drug supervisor who is:

A certified associate counselor–alcohol and drug:

To qualify as a certified supervised counselor–alcohol and drug, an applicant shall:

Except as otherwise provided in this title, the applicant shall pass:

A certified supervised counselor–alcohol and drug shall practice alcohol and drug counseling under the supervision of a Board–approved alcohol and drug supervisor who is:

A certified supervised counselor–alcohol and drug:

The Board shall waive the requirements for certification for an applicant to practice alcohol and drug counseling if the applicant meets the requirements of this section.

If the applicant is licensed or certified to practice as an associate counselor–alcohol and drug, the Board shall grant a waiver under this section only if the applicant:

The Board may waive educational and experience requirements established under subsection (b)(4) of this section:

If the applicant is licensed or certified to practice as a supervised counselor–alcohol and drug, the Board shall grant a waiver under this section only if the applicant:

The Board may waive educational and experience requirements established under subsection (d)(4) of this section:

The Board shall adopt regulations to carry out this section.

Submit an application on the form that the Board requires;

Pay to the Board the application fee set by the Board; and

Submit to a criminal history records check in accordance with § 17–501.1 of this subtitle.

In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:

In accordance with §§ 10–201 through 10–228 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the applicant the criminal history record information of the applicant.

If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual a revised printed statement of the individual’s State criminal history record.

Information obtained from the Central Repository under this section:

The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

An applicant who otherwise qualifies for a license or certificate is entitled to be examined as provided in this section.

The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.

The Board shall notify each qualified applicant of the time and place of examination.

The examination shall include a portion that tests an applicant’s knowledge of the Maryland Professional Counselors and Therapists Act.

Subject to subsection (d) of this section, the Board shall issue a license or certificate to any applicant who meets the requirements of this title.

The Board shall include on each license and certificate that the Board issues:

The Board may issue a license or certificate to replace a lost, destroyed, or mutilated license or certificate if the licensee or certificate holder pays the replacement fee set by the Board.

At least 1 month before the license or certificate expires, the Board shall send to the licensee or certificate holder, by electronic means or first–class mail to the last known electronic or physical address of the licensee or certificate holder, a renewal notice that states:

Each licensee or certificate holder shall notify the Board of any change in the address of the licensee or certificate holder.

Before the license or certificate expires, the licensee or certificate holder periodically may renew it for an additional 2–year term, if the licensee or certificate holder:

Any individual who is licensed under Subtitle 3 of this title or certified under Subtitle 4 of this title may not charge a client or receive remuneration for counseling or therapy services unless:

The professional disclosure statement shall contain:

In this section, “regulated counselor or therapist” means:

Unless the Board agrees to accept the surrender of a license or certificate, while the licensee or certificate holder is under investigation or while charges are pending against the licensee or certificate holder, a regulated counselor or therapist may not:

The Board may set conditions on its agreement with the regulated counselor or therapist under investigation or against whom charges are pending to accept surrender of the license or certificate.

Fraudulently or deceptively obtains or attempts to obtain trainee status, a license, or a certificate for the applicant, trainee, licensee, or certificate holder or for another;

Habitually is intoxicated;

Provides professional services:

Aids or abets an unauthorized individual in practicing clinical or nonclinical counseling or therapy or representing to be an alcohol and drug counselor, marriage and family therapist, professional counselor, or professional art therapist;

Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

Willfully makes or files a false report or record in the practice of counseling or therapy;

Makes a willful misrepresentation while counseling or providing therapy;

Violates the code of ethics adopted by the Board;

Knowingly violates any provision of this title;

Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

Is professionally, physically, or mentally incompetent;

Submits a false statement to collect a fee;

Violates any rule or regulation adopted by the Board;

Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified or the certificate holder is certified and qualified to render because the individual is HIV positive;

Commits an act of immoral or unprofessional conduct in the practice of clinical or nonclinical counseling or therapy;

Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;

Fails to cooperate with a lawful investigation conducted by the Board; or

Fails to submit to a criminal history records check in accordance with § 17–501.1 of this subtitle.

If after a hearing under § 17–511 of this subtitle the Board finds that there are grounds under § 17–509 of this subtitle to place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license or certificate, the Board may impose a penalty not exceeding $5,000:

The Board shall adopt regulations to set standards for the imposition of penalties under this section.

The Board shall pay any money collected under this section into the General Fund of the State.

Except as otherwise provided in Title 10, Subtitle 2 of the State Government Article, before the Board takes any action under § 17–509 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

The hearing notice to be given to the individual shall be served personally or by registered mail to the last known address of the individual at least 30 days before the hearing.

The individual may be represented at the hearing by counsel.

If after due notice the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

Except as provided in this section for an action under § 17–509 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in § 10–202 of the State Government Article, may petition for judicial review as allowed by the Administrative Procedure Act.

Any person aggrieved by a final decision of the Board under § 17–509 of this subtitle may take a direct judicial appeal as provided in the Administrative Procedure Act.

An order of the Board may not be stayed pending judicial review.

The Board may petition for judicial review of any decision that reverses or modifies its order.

The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 17–301 or §§ 17–601 through 17–603 of this title.

An action may be maintained in the name of the State or the Board to enjoin:

An action under this section may be brought by:

An action under this section shall be brought in the county where the defendant:

Proof of actual damages or that any person will sustain any damages if an injunction is not granted is not required for an action under this section.

An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of alcohol and drug counseling and clinical alcohol and drug counseling, marriage and family therapy and clinical marriage and family therapy, professional counseling and clinical professional counseling, or clinical professional art therapy, under § 17–301, § 17–601, § 17–602, or § 17–603 of this title or disciplinary action under § 17–509 of this subtitle.

If, while reviewing an application for licensure, certification, or trainee status, or investigating an allegation against a licensee, certificate holder, or trainee under this title, the Board finds reasonable evidence indicating that the applicant, licensee, certificate holder, or trainee may cause harm to a person, the Board shall require the applicant, licensee, certificate holder, or trainee to submit to a mental health or physical examination by a health care practitioner, as defined in § 1–301 of this article, designated by the Board.

A report or testimony regarding a report of a health care practitioner designated by the Board is confidential except as to contested case proceedings as defined by the Administrative Procedure Act.

The failure or refusal of an applicant, a licensee, a certificate holder, or a trainee to submit to an examination required under this section is prima facie evidence of the applicant’s, licensee’s, certificate holder’s, or trainee’s inability to practice competently, unless the Board finds that the failure or refusal was beyond the control of the applicant, licensee, certificate holder, or trainee.

The Board shall pay the reasonable cost of any examination required of a licensee, certificate holder, or trainee under this section.

An applicant shall pay the reasonable cost of any examination required of the applicant under this section.

Reinstate a license or certificate that has been revoked;

Reduce the period of a suspension or probation; or

Withdraw a reprimand.

In this section, “counselor and therapist rehabilitation committee” means a committee that:

For purposes of this section, a counselor and therapist rehabilitation committee is a committee of the Board or a committee of any association or associations representing alcohol and drug counselors, marriage and family therapists, professional counselors, or professional art therapists that:

A rehabilitation committee of the Board or recognized by the Board may function:

For purposes of this section, a counselor and therapist rehabilitation committee evaluates and provides assistance to any alcohol and drug counselor, marriage and family therapist, professional counselor, professional art therapist, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

A person who acts in good faith and within the scope of jurisdiction of a counselor and therapist rehabilitation committee is not civilly liable for any action as a member of the counselor and therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the counselor and therapist rehabilitation committee.

Represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is licensed by the Board to provide clinical alcohol and drug counseling services, clinical marriage and family therapy services, clinical professional counseling services, or clinical professional art therapy services in the State;

Use any title, abbreviation, sign, card, or other representation that the individual is a licensed clinical alcohol and drug counselor, licensed clinical marriage and family therapist, licensed clinical professional counselor, licensed clinical professional art therapist; or

Use the title “L.C.A.D.C.”, “L.C.M.F.T.”, “L.C.P.C.”, or “L.C.P.A.T.” or the words “licensed clinical alcohol and drug counselor”, “licensed clinical marriage and family therapist”, “licensed clinical professional counselor”, or “licensed clinical professional art therapist” with the intent to represent that the individual practices clinical alcohol and drug counseling, clinical marriage and family therapy, clinical professional counseling, or clinical professional art therapy.

Use the title “licensed graduate alcohol and drug counselor”, “licensed graduate professional counselor”, “licensed graduate marriage and family therapist”, or “licensed graduate professional art therapist”;

Use the initials “L.G.A.D.C.”, “L.G.P.C.”, “L.G.M.F.T.”, or “L.G.P.A.T.” after the name of the individual;

Represent to the public that the individual is approved by the Board to practice alcohol and drug counseling, professional counseling, marriage and family therapy, or professional art therapy; or

Use any title, abbreviation, sign, card, or other representation that the individual is a licensed graduate alcohol and drug counselor, a licensed graduate professional counselor, a licensed graduate marriage and family therapist, or a licensed graduate professional art therapist.

Represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is certified by the Board to provide counseling or therapy services in this State;

Use any title, abbreviation, sign, card, or other representation that the individual is a certified professional counselor, certified professional counselor–marriage and family therapist, certified professional counselor–alcohol and drug, certified associate counselor–alcohol and drug, or certified supervised counselor–alcohol and drug; or

Use the title “C.P.C.”, “C.P.C.–M.F.T.”, “C.P.C.–A.D.”, “C.A.C.–A.D.”, or “C.S.C.–A.D.”, the words “certified professional counselor” or “certified professional counselor–marriage and family therapist”, or the words “certified counselor” or “certified marriage and family therapist” with the intent to represent that the individual practices professional counseling or marriage and family therapy, or the words “certified professional counselor–alcohol and drug”, “certified associate counselor–alcohol and drug”, “certified supervised counselor–alcohol and drug” with the intent to represent that the individual practices alcohol and drug counseling.

A person who violates any provision of this subtitle or § 17–301 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.

A person who violates any provision of this subtitle or § 17–301 of this title is subject to a civil fine not exceeding $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.

Each violation of this subtitle is a separate offense.

In this subtitle the following words have the meanings indicated.

“Committee” means the Behavior Analyst Advisory Committee established under § 17–6A–05 of this subtitle.

“License” means a license issued by the Board to practice behavior analysis.

“Licensed behavior analyst” means an individual who is licensed by the Board to practice behavior analysis.

“Licensee” means a licensed behavior analyst.

This subtitle does not limit the use of the terms “behavior analysis” or “behavioral analysis” by an individual authorized to practice under this article who is practicing within the individual’s scope of practice.

This subtitle does not limit the right of an individual to practice a health occupation that the individual is licensed, certified, or otherwise authorized to practice under this article.

Regulations for the licensure and practice of behavior analysis; and

A code of ethics for the practice of behavior analysis.

The fees shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this subtitle.

The Committee consists of five members appointed by the Board as follows:

The consumer member of the Committee:

The Board may remove a member for incompetence or misconduct.

From among its members, the Committee annually shall elect a chair and a vice chair.

The Committee shall determine:

A majority of the members then serving on the Committee is a quorum.

A member of the Committee:

Develop and recommend to the Board regulations to carry out this subtitle;

Develop and recommend to the Board a code of ethics for the practice of behavior analysis;

Develop and recommend to the Board the requirements for licensure as a behavior analyst, including:

Develop and recommend to the Board continuing education requirements for license renewal;

Provide the Board with recommendations concerning the practice of behavior analysis;

Keep a record of its proceedings; and

Report to the Board as required in regulations adopted by the Board.

Except as otherwise provided in this subtitle or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice behavior analysis in the State.

This section does not apply to a student enrolled in an educational program that meets the criteria of § 17–6A–11(c)(2) of this subtitle while engaged in an unpaid, clinical educational experience of behavior analysis.

To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

The applicant shall:

The applicant shall:

The Board shall waive the education requirements under subsection (c)(2) of this section if an individual was certified by the Behavior Analyst Certification Board on or before December 31, 2014, and is currently in good standing.

Submit an application to the Board on the form that the Board requires;

Pay to the Board the application fee set by the Board; and

Submit to a criminal history records check in accordance with § 17–501.1 of this title.

The Board shall include on each license that the Board issues:

A license expires on a date set by the Board unless the license is renewed for an additional term as provided in this section.

At least 1 month before a license expires, the Board shall send to the licensee, by first–class mail or electronic mail to the last known address of the licensee, a renewal notice that states:

Before a license expires, the licensee periodically may renew the license for an additional term if the licensee:

The Board may establish continuing education requirements as a condition of the renewal of licenses under this section.

The Board shall renew the license of each licensee who meets the requirements of this section.

The Board shall reinstate the license of a behavior analyst who has not been put on inactive status and who has failed to renew the license for any reason if the behavior analyst:

A licensee shall notify the Board in writing of a change in name or address within 60 days after the change.

A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.

Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

Fraudulently or deceptively uses a license;

Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;

Aids or abets an unauthorized person in practicing behavior analysis or representing oneself to be a behavior analyst;

Practices behavior analysis fraudulently or deceitfully;

Violates the code of ethics adopted by the Board under § 17–6A–03 of this subtitle;

Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;

Submits a false statement to collect a fee;

Willfully makes or files a false report or record in the practice of behavior analysis;

Is disciplined by a licensing or disciplinary authority of any state or country or convicted or disciplined by a court of any state or country, or disciplined by any branch of the uniformed services or the U.S. Department of Veterans Affairs, for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;

Violates any provision of this subtitle or any regulation adopted by the Board;

Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;

Is professionally, physically, or mentally incompetent;

Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;

Behaves immorally in the practice of behavior analysis;

Commits an act of unprofessional conduct in the practice of behavior analysis;

Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;

Fails to cooperate with a lawful investigation conducted by the Board;

Commits an act that is inconsistent with generally accepted professional standards in the practice of behavior analysis;

Fails to submit to a criminal history records check in accordance with § 17–501.1 of this title;

Habitually is intoxicated;

Provides professional services while under the influence of alcohol or while using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication; or

Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article.

If, after a hearing under § 17–6A–21 of this subtitle, the Board finds that there are grounds under § 17–6A–19 of this subtitle to suspend or revoke a license or to reprimand a licensee, the Board may impose a monetary penalty not exceeding $10,000:

The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section.

The Board shall pay any penalty collected under this section into the General Fund of the State.

Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 17–6A–19 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

The hearing notice to be given to the individual shall be served personally or by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the last known address of the individual at least 30 days before the hearing.

The individual may be represented at the hearing by counsel.

If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.

The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges.

Except as provided in this section for an action under § 17–6A–19 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

Any person aggrieved by a final decision of the Board under § 17–6A–19 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act.

A decision of the Board to deny a license, enforce a suspension of a license for more than 1 year, or revoke a license may not be stayed pending judicial review.

Reinstate a license that has been revoked;

Reduce the period of a suspension; or

Withdraw a reprimand.

An action may be maintained in the name of the State or the Board to enjoin:

An action under this section may be brought by:

An action under this section shall be brought in the county where the defendant:

Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of behavior analysis under § 17–6A–27 of this subtitle or disciplinary action under § 17–6A–19 of this subtitle.

In this section, “behavior analyst rehabilitation subcommittee” means a subcommittee that:

For purposes of this section, a behavior analyst rehabilitation subcommittee is a subcommittee of the Committee that:

A rehabilitation subcommittee of the Committee or recognized by the Committee may function:

For purposes of this section, a behavior analyst rehabilitation subcommittee evaluates and provides assistance to any behavior analyst in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

A person who acts in good faith and within the scope of jurisdiction of the behavior analyst rehabilitation subcommittee is not civilly liable for any action as a member of the behavior analyst rehabilitation subcommittee or for giving information to, participating in, or contributing to the function of the behavior analyst rehabilitation subcommittee.

Except as otherwise provided in this subtitle, a person may not practice, attempt to practice, or offer to practice behavior analysis in this State unless licensed by the Board.

Each violation of this section is a separate offense.

Represent to the public that the person is a licensed behavior analyst; or

Use any title, abbreviation, sign, card, or other representation that the person is a licensed behavior analyst.

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.

A person who violates § 17–6A–27 of this subtitle is subject to a civil fine of not more than $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.

Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;

Enhance the states’ ability to protect the public’s health and safety;

Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;

Support spouses of relocating active duty military personnel;

Enhance the exchange of licensure, investigative, and disciplinary information among member states;

Allow for the use of telehealth technology to facilitate increased access to professional counseling services;

Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;

Invest all member states with the authority to hold a licensed professional counselor accountable for meeting all state practice laws in the state in which the client is located at the time care is rendered through the mutual recognition of member state licenses;

Eliminate the necessity for licenses in multiple states; and

Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.

“Active duty military” means full–time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 U.S.C. Chapters 1209 and 1211.

“Adverse action” means any administrative, civil, equitable, or criminal action permitted by a state’s laws that is imposed by a licensing board or other authority against a licensed professional counselor, including actions against an individual’s license or privilege to practice, including revocation, suspension, probation, monitoring of the licensee, limitation on the licensee’s practice, or any other encumbrance on licensure affecting a licensed professional counselor’s authorization to practice, including issuance of a cease and desist action.

“Alternative program” means a non–disciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.

“Continuing competence/education” means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work.

“Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.

“Current significant investigative information” means:

“Data system” means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice, and adverse action information.

“Encumbered license” means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and said adverse action has been reported to the National Practitioners Data Bank (NPDB).

“Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.

“Executive committee” means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the Commission.

“Home state” means the member state that is the licensee’s primary state of residence.

“Impaired practitioner” means an individual who has a condition(s) that may impair the individual’s ability�to practice as a licensed professional counselor without some type of intervention and may include, but are not limited to, alcohol and drug dependence, mental health impairment, and neurological or physical�impairments.

“Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.

“Jurisprudence requirement”, if required by a member state, means the assessment of an individual’s knowledge of the laws and rules governing the practice of professional counseling in a state.

“Licensed professional counselor” means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose, and treat behavioral health conditions.

“Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.

“Licensing board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.

“Member state” means a state that has enacted the Compact.

“Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.

“Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.

“Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.

“Rule” means a regulation promulgated by the Commission that has the force of law.

“Single state license” means a licensed professional counselor license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state.

“State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.

“Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.

“Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.

To participate in the Compact, a state must currently:

A member state shall:

Member states may charge a fee for granting the privilege to practice.

Individuals not residing in a member state shall continue to be able to apply for a member state’s single state license as provided under the laws of each member state. However, the single state license granted to these individuals shall not be recognized as granting a privilege to practice professional counseling in any other member state.

Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.

A license issued to a licensed professional counselor by a home state to a resident in that state shall be recognized by each member state as authorizing a licensed professional counselor to practice professional counseling, under a privilege to practice, in each member state.

To exercise the privilege to practice under the terms and provisions of the Compact, the licensee shall:

The privilege to practice is valid until the expiration date of the home state license. The licensee must comply with the requirements of Section 4(A) to maintain the privilege to practice in the remote state.

A licensee providing professional counseling in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.

A licensee providing professional counseling services in a remote state is subject to that state’s regulatory authority. A remote state may, in accordance with due process and that state’s laws, remove a licensee’s privilege to practice in the remote state for a specific period of time, impose fines, or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a privilege to practice in any member state until the specific time for removal has passed and all fines are paid.

If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:

Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of Section 4(A) to obtain a privilege to practice in any remote state.

If a licensee’s privilege to practice in any remote state is removed, the individual may lose the privilege to practice in all other remote states until the following occur:

Once the requirements of Section 4(G) have been met, the licensee must meet the requirements in Section 4(A) to obtain a privilege to practice in a remote state.

A licensed professional counselor may hold a home state license, which allows for a privilege to practice in other member states, in only one member state at a time.

If a licensed professional counselor changes primary state of residence by moving between two member states: