<section article="gho" article_name="Health Occupations" number="17-101" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>In this title the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Alcohol and drug counseling” means assisting an individual, family, or group through the client–counselor relationship:</text> <level label="1"> <text>To develop understanding of intrapersonal and interpersonal substance abuse problems;</text> </level> <level label="2"> <text>To define goals relating to substance abuse;</text> </level> <level label="3"> <text>To make decisions relating to substance abuse;</text> </level> <level label="4"> <text>To plan a course of action reflecting the needs, interests, and abilities of the individual, family, or group relating to substance abuse; and</text> </level> <level label="5"> <text>To use informational and community substance abuse resources relating to personal, social, emotional, educational, and vocational development and adjustment.</text> </level> </level> <level label="c"> <level label="1"> <text>“Appraisal” means:</text> <level label="i"> <text>Selecting, administering, scoring, and interpreting instruments designed to assess an individual’s aptitudes, attitudes, abilities, achievements, interests, and personal characteristics; and</text> </level> <level label="ii"> <text>Using nonstandardized methods and techniques for understanding human behavior in relation to coping with, adapting to, or changing life situations.</text> </level> </level> <level label="2"> <text>“Appraisal” does not include instruments which require specialized psychological training for administration and interpretation unless the licensed counselor or therapist has completed the training required under § 17–310 of this title.</text> </level> </level> <level label="d"> <text>“Art therapy” means the integrated use of psychotherapeutic principles, art media, and the creative process to assist individuals, families, or groups in:</text> <level label="1"> <text>Increasing awareness of self and others;</text> </level> <level label="2"> <text>Coping with symptoms, stress, and traumatic experiences;</text> </level> <level label="3"> <text>Enhancing cognitive abilities; and</text> </level> <level label="4"> <text>Identifying and assessing clients’ needs in order to implement therapeutic intervention to meet developmental, behavioral, mental, and emotional needs.</text> </level> </level> <level label="e"> <text>“Board” means the State Board of Professional Counselors and Therapists.</text> </level> <level label="f"> <text>“Certificate” means a certificate issued by the Board to practice professional counseling.</text> </level> <level label="g"> <text>“Certified professional counselor” means a professional counselor who is certified by the Board.</text> </level> <level label="h"> <text>“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.</text> </level> <level label="i"> <level label="1"> <text>“Certified supervised counselor–alcohol and drug” means an individual who is certified by the Board to practice alcohol and drug counseling in the State pursuant to the limitations in § 17–404 of this title.</text> </level> <level label="2"> <text>“Certified associate counselor–alcohol and drug” means an individual who is certified by the Board to practice alcohol and drug counseling in the State pursuant to the limitations in § 17–403 of this title.</text> </level> <level label="3"> <text>“Certified professional counselor–alcohol and drug” means an individual who is certified by the Board to practice alcohol and drug counseling in the State.</text> </level> </level> <level label="j"> <text>“Counseling” means assisting an individual, family, or group through the client–counselor relationship:</text> <level label="1"> <text>To develop understanding of intrapersonal and interpersonal problems;</text> </level> <level label="2"> <text>To define goals;</text> </level> <level label="3"> <text>To make decisions;</text> </level> <level label="4"> <text>To plan a course of action reflecting the needs, interests, and abilities of the individual, family, or group; and</text> </level> <level label="5"> <text>To use informational and community resources, as these procedures are related to personal, social, emotional, educational, and vocational development and adjustment.</text> </level> </level> <level label="k"> <text>“Fund” means the State Board of Professional Counselors and Therapists Fund.</text> </level> <level label="l"> <text>“License” means, unless the context requires otherwise, a license issued by the Board authorizing an individual to practice:</text> <level label="1"> <text>Clinical alcohol and drug counseling;</text> </level> <level label="2"> <text>Clinical marriage and family therapy;</text> </level> <level label="3"> <text>Clinical professional art therapy;</text> </level> <level label="4"> <text>Clinical professional counseling;</text> </level> <level label="5"> <text>Graduate alcohol and drug counseling;</text> </level> <level label="6"> <text>Graduate marriage and family therapy;</text> </level> <level label="7"> <text>Graduate professional art therapy; or</text> </level> <level label="8"> <text>Graduate professional counseling.</text> </level> </level> <level label="m"> <text>“Licensed graduate alcohol and drug counselor” means an individual approved by the Board to practice graduate alcohol and drug counseling.</text> </level> <level label="n"> <text>“Licensed graduate marriage and family therapist” means an individual approved by the Board to practice graduate marriage and family therapy.</text> </level> <level label="o"> <text>“Licensed graduate professional art therapist” means an individual approved by the Board to practice graduate professional art therapy.</text> </level> <level label="p"> <text>“Licensed graduate professional counselor” means an individual approved by the Board to practice graduate professional counseling.</text> </level> <level label="q"> <text>“Marriage and family therapy” means applying marriage and family systems theory, principles, methods, therapeutic techniques, and research in:</text> <level label="1"> <text>Resolving emotional conflict and modifying perception and behavior in the context of marriage and family life; and</text> </level> <level label="2"> <text>The identification and assessment of client needs and the implementation of therapeutic intervention.</text> </level> </level> <level label="r"> <text>“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.</text> </level> <level label="s"> <text>“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.</text> </level> <level label="t"> <text>“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.</text> </level> <level label="u"> <text>“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.</text> </level> <level label="v"> <text>“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.</text> </level> <level label="w"> <text>“Practice graduate alcohol and drug counseling” means to practice clinical alcohol and drug counseling:</text> <level label="1"> <text>Under the supervision of a licensed clinical alcohol and drug counselor or another health care provider licensed under this article, as approved by the Board; and</text> </level> <level label="2"> <text>While fulfilling the requirements for supervised experience under § 17–302 of this title.</text> </level> </level> <level label="x"> <text>“Practice graduate marriage and family therapy” means to practice clinical marriage and family therapy:</text> <level label="1"> <text>Under the supervision of a licensed clinical marriage and family therapist or another health care provider licensed under this article, as approved by the Board; and</text> </level> <level label="2"> <text>While fulfilling the requirements for supervised experience under § 17–303 of this title.</text> </level> </level> <level label="y"> <text>“Practice graduate professional art therapy” means to practice clinical professional art therapy:</text> <level label="1"> <text>Under the supervision of a licensed clinical professional art therapist or another health care provider licensed under this article, as approved by the Board; and</text> </level> <level label="2"> <text>While fulfilling the requirements for supervised experience under § 17–304.1 of this title.</text> </level> </level> <level label="z"> <text>“Practice graduate professional counseling” means to practice clinical professional counseling:</text> <level label="1"> <text>Under the supervision of a licensed clinical professional counselor or another health care provider licensed under this article, as approved by the Board; and</text> </level> <level label="2"> <text>While fulfilling the requirements for supervised experience under § 17–304 of this title.</text> </level> </level> <level label="aa"> <text>“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.</text> </level> <level label="bb"> <text>“Practice professional counseling” means to engage professionally and for compensation in counseling and appraisal activities while representing oneself to be a certified professional counselor.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-102" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <level label="a"> <text>The General Assembly finds that the profession of counseling and therapy profoundly affects the lives and health of the people of this State.</text> </level> <level label="b"> <text>The purpose of this title is to protect the public by:</text> <level label="1"> <text>Setting qualifications, education, training, and experience standards for counselors and therapists; and</text> </level> <level label="2"> <text>Promoting high professional standards for the practice of counseling and therapy.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-103" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="1" subtitle_name="Definitions; General Provisions"> <text>This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.</text> </section> <section article="gho" article_name="Health Occupations" number="17-201" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="2" subtitle_name="State Board of Professional Counselors and Therapists"> <text>There is a State Board of Professional Counselors and Therapists.</text> </section> <section article="gho" article_name="Health Occupations" number="17-202" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="2" subtitle_name="State Board of Professional Counselors and Therapists"> <level label="a"> <level label="1"> <text>The Board consists of 13 members appointed by the Governor with the advice of the Secretary.</text> </level> <level label="2"> <text>Of the 13 Board members:</text> <level label="i"> <text>Four shall be licensed as clinical professional counselors;</text> </level> <level label="ii"> <text>Three shall be licensed as clinical marriage and family therapists;</text> </level> <level label="iii"> <text>Three shall be licensed as clinical alcohol and drug counselors;</text> </level> <level label="iv"> <text>One shall be licensed as a clinical professional art therapist; and</text> </level> <level label="v"> <text>Two shall be consumer members.</text> </level> </level> <level label="3"> <text>The composition of the Board as to the race and sex of its members shall reflect the composition of the population of the State.</text> </level> <level label="4"> <text>The Governor shall appoint the counselors and therapists from a list submitted to the Governor by the Secretary. Any association representing professional counselors, marriage and family therapists, alcohol and drug counselors, or professional art therapists may submit recommendations for Board members to the Secretary.</text> </level> <level label="5"> <text>Two of the individuals appointed as a licensed clinical professional counselor member under paragraph (2)(i) of this subsection may not hold another credential issued by the Board.</text> </level> </level> <level label="b"> <text>The consumer members of the Board:</text> <level label="1"> <text>Shall be members of the general public;</text> </level> <level label="2"> <text>May not be or ever have been certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;</text> </level> <level label="3"> <text>May not have a household member who is certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;</text> </level> <level label="4"> <text>May not participate or ever have participated in a commercial or professional field related to professional counseling, marriage and family therapy, alcohol and drug counseling, or professional art therapy;</text> </level> <level label="5"> <text>May not have a household member who participates in a commercial or professional field related to professional counseling, marriage and family therapy, alcohol and drug counseling, or professional art therapy;</text> </level> <level label="6"> <text>May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board; and</text> </level> <level label="7"> <text>While members of the Board, may not have a substantial financial interest in a person regulated by the Board.</text> </level> </level> <level label="c"> <text>Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.</text> </level> <level label="d"> <level label="1"> <text>The term of a member is 4 years.</text> </level> <level label="2"> <text>The terms of the members of the Board are staggered as required by the terms of the members of the Board serving on July 1, 1988.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member may not serve more than 2 consecutive full terms.</text> </level> <level label="5"> <text>To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.</text> </level> </level> <level label="e"> <level label="1"> <text>The Governor may remove a member for incompetency, misconduct, or neglect of duty.</text> </level> <level label="2"> <text>Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-203" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="2" subtitle_name="State Board of Professional Counselors and Therapists"> <level label="a"> <text>From among its members, the Board annually shall elect:</text> <level label="1"> <text>A chairperson;</text> </level> <level label="2"> <text>A vice chairperson; and</text> </level> <level label="3"> <text>A secretary.</text> </level> </level> <level label="b"> <text>The Board shall determine:</text> <level label="1"> <text>The manner of election of officers;</text> </level> <level label="2"> <text>The term of office of each officer; and</text> </level> <level label="3"> <text>The duties of each officer.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-204" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="2" subtitle_name="State Board of Professional Counselors and Therapists"> <level label="a"> <text>A majority of the full authorized membership of the Board is a quorum.</text> </level> <level label="b"> <text>The Board shall meet at least once a year, at the times and places that it determines.</text> </level> <level label="c"> <text>Each member of the Board is entitled to reimbursement for expenses at a rate determined by the Board.</text> </level> <level label="d"> <text>The Board may employ a staff in accordance with the budget of the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-205" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="2" subtitle_name="State Board of Professional Counselors and Therapists"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>In addition to the duties set forth elsewhere in this title, the Board shall:</text> <level label="1"> <text>Maintain a registry of all counselors or therapists currently licensed or certified by the Board and all individuals currently working as trainees in accordance with § 17–406(b) of this title;</text> </level> <level label="2"> <text>Submit an annual report to the Governor, the Secretary, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on or before December 31 each year;</text> </level> <level label="3"> <text>Adopt a code of ethics that the Board considers to be appropriate and applicable to the counselors or therapists currently certified or licensed by the Board and the individuals currently working as trainees in accordance with § 17–406(b) of this title;</text> </level> <level label="4"> <text>Establish continuing education requirements for the counselors or therapists currently certified or licensed by the Board;</text> </level> <level label="5"> <text>Adopt an official seal;</text> </level> <level label="6"> <text>Create committees as it deems appropriate to advise the Board on special issues; and</text> </level> <level label="7"> <text>Establish an Alcohol and Drug Counselor Subcommittee to:</text> <level label="i"> <text>Evaluate and make recommendations to the Board on methods to improve and expedite the licensure and certification processes for alcohol and drug counselors and drug trainees;</text> </level> <level label="ii"> <text>Evaluate and make recommendations to the Board on methods to improve and expedite the disciplinary process for alcohol and drug counselors and drug trainees;</text> </level> <level label="iii"> <text>Assist the Board in drafting regulations related to alcohol and drug counselors and drug trainees; and</text> </level> <level label="iv"> <text>Otherwise assist the Board to fulfill the purpose stated in § 17–102(b) of this title.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>The Board may take action against a marriage and family therapist only if:</text> <level label="i"> <text>Before taking action against the marriage and family therapist, the Board discusses the proposed action with a Board member who is a licensed clinical marriage and family therapist; and</text> </level> <level label="ii"> <text>A Board member who is a licensed clinical marriage and family therapist votes, either in the affirmative or in the negative, on the proposed action.</text> </level> </level> <level label="2"> <text>The Board may take action against an alcohol and drug counselor only if:</text> <level label="i"> <text>Before taking action against the alcohol and drug counselor, the Board discusses the proposed action with a Board member who is a licensed clinical alcohol and drug counselor; and</text> </level> <level label="ii"> <text>A Board member who is a licensed clinical alcohol and drug counselor votes, either in the affirmative or in the negative, on the proposed action.</text> </level> </level> <level label="3"> <text>The Board may take action against a clinical professional counselor only if:</text> <level label="i"> <text>Before taking action against the clinical professional counselor, the Board discusses the proposed action with a Board member who is a licensed clinical professional counselor; and</text> </level> <level label="ii"> <text>A Board member who is a licensed clinical professional counselor votes, either in the affirmative or in the negative, on the proposed action.</text> </level> </level> <level label="4"> <text>The Board shall investigate all complaints filed against licensed counselors and therapists if, at the time of the violation, the licensed counselor or therapist has also registered and qualified for psychology associate status by virtue of holding a master’s degree under Title 18 (Maryland Psychologists Act) of this article.</text> </level> <level label="5"> <text>The Board shall notify the Board of Examiners of Psychologists of the complaint in writing within 60 days of receipt of the complaint if an investigation of the supervising licensed psychologists is warranted.</text> </level> <level label="6"> <text>The Board shall initiate disciplinary action against any licensed counselor or therapist who also registers as a psychology associate and violates any portion of this statute.</text> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-206" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="2" subtitle_name="State Board of Professional Counselors and Therapists"> <level label="a"> <text>There is a State Board of Professional Counselors and Therapists Fund.</text> </level> <level label="b"> <level label="1"> <text>The Board may set reasonable fees for the issuance and renewal of licenses or certificates and its other services.</text> </level> <level label="2"> <text>The fees charged shall be set to produce funds so as to approximate the cost of maintaining the Board.</text> </level> <level label="3"> <text>Funds to cover the expenses of the Board members shall be generated by fees set under this section.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board shall pay all fees collected under this title to the Comptroller of the State.</text> </level> <level label="2"> <text>The Comptroller shall distribute the fees to the Fund.</text> </level> </level> <level label="d"> <level label="1"> <level label="i"> <text>Except as provided in subparagraph (ii) of this paragraph, the Fund 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 article.</text> </level> <level label="ii"> <text>For fiscal year 2027 only, $500,000 of the Fund balance may be used to support programs in the Behavioral Health Administration of the Department.</text> </level> </level> <level label="2"> <text>The Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.</text> </level> <level label="3"> <text>Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.</text> </level> <level label="4"> <text>No other State money may be used to support the Fund.</text> </level> </level> <level label="e"> <level label="1"> <text>A designee of the Board shall administer the Fund.</text> </level> <level label="2"> <text>Money in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.</text> </level> </level> <level label="f"> <text>The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-207" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="2" subtitle_name="State Board of Professional Counselors and Therapists"> <text>A person shall have immunity from the liability described under § 5–722 of the Courts Article for giving information to the Board or otherwise participating in its activities.</text> </section> <section article="gho" article_name="Health Occupations" number="17-301" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>Subject to the regulations of the Board, subsection (a) of this section does not apply to:</text> <level label="1"> <text>A student working under the supervision of a licensed mental health care provider while pursuing a supervised course of study in counseling that the Board approves as qualifying training and experience under this title;</text> </level> <level label="2"> <text>An individual who, in accordance with § 17–406 of this title, is working as a trainee under the supervision of a licensed clinical alcohol and drug counselor or another health care provider licensed or certified under this article and approved by the Board while fulfilling the experiential or course of study requirements under § 17–302 of this subtitle or § 17–403 or § 17–404 of this title; or</text> </level> <level label="3"> <text>An individual who:</text> <level label="i"> <text>Is licensed and in good standing in another state;</text> </level> <level label="ii"> <text>Established a client–counselor relationship with a client outside the State;</text> </level> <level label="iii"> <text>Is no longer able to provide in–person counseling to the client because the client is located in the State; and</text> </level> <level label="iv"> <text>Provides the counseling through telehealth, as defined in § 1–1001 of this article, for the purpose of providing continuity of care to the client for not more than 6 months after:</text> <level label="1"> <text>The client relocated to the State; or</text> </level> <level label="2"> <text>The client returned to the State following a continuous and nonincidental period of relocation outside the State.</text> </level> </level> </level> </level> <level label="c"> <text>This subtitle may not be construed to limit the scope of practice of any individual who is duly licensed under this article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-302" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>The applicant shall be at least 18 years old.</text> </level> <level label="d"> <text>Except as provided in § 17–305 of this subtitle, the applicant shall:</text> <level label="1"> <text>Hold a master’s or doctoral degree in a professional counseling field from an accredited educational institution that is approved by the Board; and</text> </level> <level label="2"> <text>Have completed any additional educational requirements established by the Board in regulation.</text> </level> </level> <level label="e"> <text>The applicant shall:</text> <level label="1"> <text>Have completed not less than 2 years with a minimum of 2,000 hours of supervised experience in alcohol and drug counseling, which shall have been completed after the award of the master’s or doctoral degree; and</text> </level> <level label="2"> <text>Provide documentation as required by the Board evidencing the completion of the postgraduate experience required under item (1) of this subsection.</text> </level> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>Except as otherwise provided in this title, the applicant shall pass:</text> <level label="1"> <text>An examination approved by the Board; and</text> </level> <level label="2"> <text>The law examination on this title administered by the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-303" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>The applicant shall be at least 18 years old.</text> </level> <level label="d"> <level label="1"> <text>Except as provided in § 17–306 of this subtitle, the applicant shall hold a master’s or doctoral degree in a marriage and family field from an accredited educational institution that is approved by the Board or have completed a program of studies judged by the Board to be substantially equivalent in subject matter and extent of training as may be required by the Board in regulation.</text> </level> <level label="2"> <text>The applicant shall have completed any additional educational requirements established by the Board in regulation.</text> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>The applicant shall provide documentation evidencing the completion of 2 years of postgraduate supervised clinical experience as required by the Board.</text> </level> <level label="h"> <text>Except as otherwise provided in this title, the applicant shall pass an examination approved by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-304" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>The applicant shall be at least 18 years old.</text> </level> <level label="d"> <level label="1"> <text>The applicant shall hold a master’s or doctoral degree in a professional counseling field from an accredited educational institution that is approved by the Board.</text> </level> <level label="2"> <text>The applicant shall have completed any additional educational requirements established by the Board in regulation.</text> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>The applicant shall provide documentation evidencing the completion of 2 years of postgraduate supervised experience as required by the Board.</text> </level> <level label="g"> <text>Except as otherwise provided in this title, the applicant shall pass an examination approved by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-304.1" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The applicant shall be of good moral character.</text> </level> <level label="c"> <text>The applicant shall be at least 18 years old.</text> </level> <level label="d"> <level label="1"> <text>The applicant shall hold a master’s or doctoral degree in art therapy from an accredited educational institution that is approved by the Board.</text> </level> <level label="2"> <text>In the case of an applicant holding a doctoral degree, the applicant shall have completed:</text> <level label="i"> <text>A minimum of 90 graduate credit hours in an art therapy program approved by the Board; and</text> </level> <level label="ii"> <text>Not less than 2 years of supervised experience in art therapy approved by the Board, 1 year of which shall have been completed after the award of the doctoral degree.</text> </level> </level> <level label="3"> <text>In the case of an applicant holding only a master’s degree, the applicant shall have completed:</text> <level label="i"> <text>A minimum of 60 graduate credit hours in an art therapy program approved by the Board; and</text> </level> <level label="ii"> <text>Not less than 3 years, with a minimum of 3,000 hours, of supervised experience in art therapy approved by the Board, 2 years of which shall have been completed after the award of the master’s degree.</text> </level> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>The applicant shall provide documentation evidencing the completion of 2 years of postgraduate supervised experience as required by the Board.</text> </level> <level label="g"> <text>Except as otherwise provided in this title, the applicant shall pass an examination approved by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-305" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>The Board shall waive the requirements for licensure for an applicant to practice clinical alcohol and drug counseling if the applicant:</text> <level label="1"> <text>Holds a license as a clinical alcohol and drug counselor in another state, territory, or jurisdiction that is equivalent to the license the applicant is applying for under this subtitle;</text> </level> <level label="2"> <text>Submits an application to the Board on a form that the Board requires;</text> </level> <level label="3"> <text>Pays to the Board an application fee set by the Board; and</text> </level> <level label="4"> <text>Satisfies any other educational and experience requirements established by the Board.</text> </level> </level> <level label="b"> <text>The Board may waive educational and experience requirements established under subsection (a)(4) of this section:</text> <level label="1"> <text>Under circumstances determined by the Board; and</text> </level> <level label="2"> <text>For applicants who petition the Board for waiver.</text> </level> </level> <level label="c"> <text>The Board shall adopt regulations to implement this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-306" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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:</text> <level label="1"> <text>Is licensed or certified as a clinical marriage and family therapist in another state, territory, or jurisdiction;</text> </level> <level label="2"> <text>Has no history of disciplinary action, past or pending, in a state, territory, or jurisdiction in which the applicant holds a license or certification to practice clinical marriage and family therapy;</text> </level> <level label="3"> <text>Has not committed any act or omission that would be grounds for discipline or denial of licensure under § 17–509 of this title;</text> </level> <level label="4"> <text>Submits to the Board a copy of a current license from each state, territory, or jurisdiction in which the applicant has been licensed, registered, or otherwise authorized to practice clinical marriage and family therapy;</text> </level> <level label="5"> <text>Submits an application on the form that the Board requires; and</text> </level> <level label="6"> <text>Pays to the Board the application fee set by the Board.</text> </level> </level> <level label="b"> <text>The Board:</text> <level label="1"> <text>May not require an applicant to pass a national certification exam; but</text> </level> <level label="2"> <text>May require an applicant to pass an examination of the requirements of this title.</text> </level> </level> <level label="c"> <text>The Board shall adopt regulations to implement this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-307" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>The Board shall waive the requirements for licensure for an applicant to practice clinical professional counseling if the applicant:</text> <level label="1"> <text>Is licensed or certified as a clinical professional counselor in another state, territory, or jurisdiction that has requirements that are equivalent to or exceed the requirements of § 17–304 of this subtitle;</text> </level> <level label="2"> <text>Submits an application to the Board on a form that the Board requires; and</text> </level> <level label="3"> <text>Pays to the Board an application fee set by the Board.</text> </level> </level> <level label="b"> <text>The Board shall adopt regulations to implement this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-307.1" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>The Board shall waive the requirements for licensure for an applicant to practice clinical professional art therapy if the applicant:</text> <level label="1"> <text>Is licensed as a clinical professional art therapist in another state, territory, or jurisdiction that has requirements that are equivalent to or exceed the requirements of § 17–304.1 of this subtitle;</text> </level> <level label="2"> <text>Submits an application to the Board on a form that the Board requires; and</text> </level> <level label="3"> <text>Pays to the Board an application fee set by the Board.</text> </level> </level> <level label="b"> <text>The Board shall adopt regulations to implement this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-308" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-309" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Of good moral character; and</text> </level> <level label="2"> <text>At least 18 years old.</text> </level> </level> <level label="c"> <text>An individual may practice graduate alcohol and drug counseling under supervision for a limited period of time if the individual has:</text> <level label="1"> <text>A master’s or doctoral degree in a professional counseling field from an accredited educational institution that meets the educational requirements of § 17–302 of this subtitle; and</text> </level> <level label="2"> <text>Passed:</text> <level label="i"> <text>A national alcohol and drug counselor examination approved by the Board; and</text> </level> <level label="ii"> <text>The law examination on this title administered by the Board.</text> </level> </level> </level> <level label="d"> <text>An individual may practice graduate marriage and family therapy under supervision for a limited period of time if the individual has:</text> <level label="1"> <text>A master’s or doctoral degree in a marriage and family field that meets the educational requirements of § 17–303 of this subtitle; and</text> </level> <level label="2"> <text>Passed the National Marriage and Family Therapy Examination approved by the Board.</text> </level> </level> <level label="e"> <text>An individual may practice graduate professional counseling under supervision for a limited period of time if the individual has:</text> <level label="1"> <text>A master’s or doctoral degree in a professional counseling field that meets the educational requirements of § 17–304 of this subtitle; and</text> </level> <level label="2"> <text>Passed the National Professional Counselor Examination approved by the Board.</text> </level> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>An individual may not practice without approval by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-310" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="3"> <level label="a"> <text>In this section “advanced assessment activities” means the use of appraisal instruments that require specialized psychological training for administration and interpretation.</text> </level> <level label="b"> <text>A licensed counselor or therapist may engage in advanced assessment activities if the licensed counselor or therapist has completed training that includes:</text> <level label="1"> <text>Possession of a doctoral or master’s degree in counseling or a related field that includes a minimum of nine graduate courses of at least 3 semester hours in each of the following courses:</text> <level label="i"> <text>Psychopathology;</text> </level> <level label="ii"> <text>Biological bases of behavior;</text> </level> <level label="iii"> <text>Research methods;</text> </level> <level label="iv"> <text>Advanced statistics;</text> </level> <level label="v"> <text>Tests and measures;</text> </level> <level label="vi"> <text>Intellectual assessment;</text> </level> <level label="vii"> <text>Personality assessment;</text> </level> <level label="viii"> <text>Ethics; and</text> </level> <level label="ix"> <text>Practicum in advanced assessment;</text> </level> </level> <level label="2"> <text>Completion of 500 hours of supervised, direct, client–related, advanced assessment testing that is completed not less than 2 years following the completion of the master’s degree, of which a minimum of 100 hours shall include face–to–face supervision by a supervisor who is:</text> <level label="i"> <text>A licensed mental health professional;</text> </level> <level label="ii"> <text>Proficient in the use of advanced assessment tests; and</text> </level> <level label="iii"> <text>Approved by the Board; and</text> </level> </level> <level label="3"> <text>Passage of a national examination that includes items on advanced assessment that evaluate knowledge of advanced assessment procedures.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-401" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="4" subtitle_name="Certification"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>This subsection only applies to individuals certified by the Board as a certified professional counselor or certified professional counselor–marriage and family therapist on or before September 30, 2008.</text> </level> <level label="2"> <level label="i"> <text>An individual shall be certified as a professional counselor by the Board before the individual may:</text> <level label="1"> <text>Use the title “certified professional counselor”;</text> </level> <level label="2"> <text>Use the initials “C.P.C.” after the name of the individual; or</text> </level> <level label="3"> <text>Represent to the public that the individual is certified as a professional counselor.</text> </level> </level> <level label="ii"> <text>A certificate to practice professional counseling issued by the Board authorizes the certificate holder to practice professional counseling while the certificate is effective.</text> </level> </level> <level label="3"> <level label="i"> <text>An individual shall be certified as a professional counselor–marriage and family therapist by the Board before the individual may:</text> <level label="1"> <text>Use the title “certified professional counselor–marriage and family therapist”;</text> </level> <level label="2"> <text>Use the initials “C.P.C.–M.F.T.” after the name of the individual; or</text> </level> <level label="3"> <text>Represent to the public that the individual is certified as a certified professional counselor–marriage and family therapist.</text> </level> </level> <level label="ii"> <text>A certificate to practice marriage and family therapy issued by the Board authorizes the certificate holder to practice marriage and family therapy while the certificate is effective.</text> </level> </level> </level> <level label="c"> <level label="1"> <text>An individual shall be certified as a certified professional counselor–alcohol and drug by the Board before the individual may:</text> <level label="i"> <text>Use the title “certified professional counselor–alcohol and drug”;</text> </level> <level label="ii"> <text>Use the initials “C.P.C.–A.D.” after the name of the individual; or</text> </level> <level label="iii"> <text>Represent to the public that the individual is certified as a certified professional counselor–alcohol and drug.</text> </level> </level> <level label="2"> <text>An individual shall be certified as a certified associate counselor–alcohol and drug by the Board before the individual may:</text> <level label="i"> <text>Use the title “certified associate counselor–alcohol and drug”;</text> </level> <level label="ii"> <text>Use the initials “C.A.C.–A.D.” after the name of the individual; or</text> </level> <level label="iii"> <text>Represent to the public that the individual is certified as a certified associate counselor–alcohol and drug.</text> </level> </level> <level label="3"> <text>An individual shall be certified as a certified supervised counselor–alcohol and drug by the Board before the individual may:</text> <level label="i"> <text>Use the title “certified supervised counselor–alcohol and drug”;</text> </level> <level label="ii"> <text>Use the initials “C.S.C.–A.D.” after the name of the individual; or</text> </level> <level label="iii"> <text>Represent to the public that the individual is certified as a certified supervised counselor–alcohol and drug.</text> </level> </level> <level label="4"> <text>A certificate to practice alcohol and drug counseling issued by the Board authorizes the certificate holder to practice alcohol and drug counseling while the certificate is effective.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-403" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="4" subtitle_name="Certification"> <level label="a"> <text>Except as provided in § 17–405 of this subtitle, to qualify as a certified associate counselor–alcohol and drug, an applicant shall:</text> <level label="1"> <text>Be of good moral character;</text> </level> <level label="2"> <text>At a minimum:</text> <level label="i"> <text>Hold a bachelor’s degree from a regionally accredited educational institution approved by the Board in a health and human services counseling field; or</text> </level> <level label="ii"> <text>Hold a bachelor’s degree from a regionally accredited educational institution and have completed a program of studies judged by the Board to be substantially equivalent in subject matter as may be required by the Board in regulation;</text> </level> </level> <level label="3"> <text>Have completed not less than 1 year with a minimum of 2,000 hours of clinically supervised experience in alcohol and drug counseling approved by the Board; and</text> </level> <level label="4"> <text>Have completed any additional educational requirements established by the Board in regulation.</text> </level> </level> <level label="b"> <text>Except as otherwise provided in this title, the applicant shall pass:</text> <level label="1"> <text>An examination approved by the Board under this title; and</text> </level> <level label="2"> <text>The law examination on this title administered by the Board.</text> </level> </level> <level label="c"> <text>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:</text> <level label="1"> <text>A licensed clinical alcohol and drug counselor;</text> </level> <level label="2"> <text>A certified professional counselor–alcohol and drug;</text> </level> <level label="3"> <text>A licensed clinical professional counselor;</text> </level> <level label="4"> <text>A licensed clinical marriage and family therapist;</text> </level> <level label="5"> <text>A licensed clinical professional art therapist; or</text> </level> <level label="6"> <text>A health care provider licensed under this article with documented expertise in alcohol and drug counseling.</text> </level> </level> <level label="d"> <text>A certified associate counselor–alcohol and drug:</text> <level label="1"> <text>May provide only:</text> <level label="i"> <text>Alcohol and drug counseling as an employee of an agency or a facility that is certified or licensed by the State;</text> </level> <level label="ii"> <text>Alcohol and drug counseling under the supervision of a Board–approved supervisor as specified in subsection (c) of this section; and</text> </level> <level label="iii"> <text>Supervision with approval by the Board; and</text> </level> </level> <level label="2"> <text>May not practice independently.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-404" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="4" subtitle_name="Certification"> <level label="a"> <text>To qualify as a certified supervised counselor–alcohol and drug, an applicant shall:</text> <level label="1"> <text>Be of good moral character;</text> </level> <level label="2"> <text>At a minimum:</text> <level label="i"> <text>Hold an associate’s degree from a regionally accredited educational institution in a health and human services counseling field; or</text> </level> <level label="ii"> <text>Hold an associate’s degree from a regionally accredited educational institution and have completed a program of studies judged by the Board to be substantially equivalent in subject matter as may be required by the Board in regulation; and</text> </level> </level> <level label="3"> <text>Have completed any additional educational requirements established by the Board in regulation.</text> </level> </level> <level label="b"> <text>Except as otherwise provided in this title, the applicant shall pass:</text> <level label="1"> <text>An examination approved by the Board under this title; and</text> </level> <level label="2"> <text>The law examination on this title administered by the Board.</text> </level> </level> <level label="c"> <text>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:</text> <level label="1"> <text>A licensed clinical alcohol and drug counselor;</text> </level> <level label="2"> <text>A certified professional counselor–alcohol and drug;</text> </level> <level label="3"> <text>A certified associate counselor–alcohol and drug;</text> </level> <level label="4"> <text>A licensed clinical professional counselor;</text> </level> <level label="5"> <text>A licensed clinical marriage and family therapist;</text> </level> <level label="6"> <text>A licensed clinical professional art therapist; or</text> </level> <level label="7"> <text>A health care provider licensed under this article with documented expertise in alcohol and drug counseling.</text> </level> </level> <level label="d"> <text>A certified supervised counselor–alcohol and drug:</text> <level label="1"> <text>May provide only:</text> <level label="i"> <text>Alcohol and drug counseling as an employee of an agency or facility that is certified or licensed by the State; and</text> </level> <level label="ii"> <text>Alcohol and drug counseling under the supervision of a Board–approved supervisor as specified in subsection (c) of this section; and</text> </level> </level> <level label="2"> <text>May not:</text> <level label="i"> <text>Provide supervision; or</text> </level> <level label="ii"> <text>Practice independently.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-405" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="4" subtitle_name="Certification"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Holds a license or certificate in another state, territory, or jurisdiction that is equivalent to the certificate the applicant is applying for under this subtitle;</text> </level> <level label="2"> <text>Submits an application to the Board on a form that the Board requires;</text> </level> <level label="3"> <text>Pays to the Board an application fee set by the Board; and</text> </level> <level label="4"> <text>Satisfies any other educational and experience requirements established by the Board.</text> </level> </level> <level label="c"> <text>The Board may waive educational and experience requirements established under subsection (b)(4) of this section:</text> <level label="1"> <text>Under circumstances determined by the Board; and</text> </level> <level label="2"> <text>For applicants who petition the Board for waiver.</text> </level> </level> <level label="d"> <text>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:</text> <level label="1"> <text>Holds a license or certificate in another state, territory, or jurisdiction that is equivalent to the certificate the applicant is applying for under this subtitle;</text> </level> <level label="2"> <text>Submits an application to the Board on a form that the Board requires;</text> </level> <level label="3"> <text>Pays to the Board an application fee set by the Board; and</text> </level> <level label="4"> <text>Satisfies any other educational and experience requirements established by the Board.</text> </level> </level> <level label="e"> <text>The Board may waive educational and experience requirements established under subsection (d)(4) of this section:</text> <level label="1"> <text>Under circumstances determined by the Board; and</text> </level> <level label="2"> <text>For applicants who petition the Board for waiver.</text> </level> </level> <level label="f"> <text>The Board shall adopt regulations to carry out this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-406" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="4" subtitle_name="Certification"> <level label="a"> <level label="1"> <text>In this section the following words have the meanings indicated.</text> </level> <level label="2"> <text>“Approved alcohol and drug supervisor” means:</text> <level label="i"> <text>A certified professional counselor–alcohol and drug;</text> </level> <level label="ii"> <text>A licensed clinical alcohol and drug counselor; or</text> </level> <level label="iii"> <text>A health care provider licensed or certified under this article with documented expertise in alcohol and drug counseling, as approved by the Board.</text> </level> </level> <level label="3"> <text>“Under the supervision of an approved alcohol and drug supervisor” means engaging in an ongoing process that includes direct, on–site, face–to–face, individual or group meetings with an approved alcohol and drug supervisor focused on quality of delivery of alcohol and drug counseling services and improvement of counseling skills for a minimum of 1 documented hour for each 40–hour workweek but not less than 2 documented hours per month for less than a 40–hour workweek.</text> </level> </level> <level label="b"> <level label="1"> <text>An individual may practice clinical alcohol and drug counseling, including through telehealth, without a license for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements under § 17–302 of this title or § 17–403 or § 17–404 of this subtitle.</text> </level> <level label="2"> <text>An individual may practice alcohol and drug counseling, including through telehealth, without certification for a limited period of time, as determined by the Board, if the individual is working as a trainee under the supervision of an approved alcohol and drug supervisor while fulfilling the experiential or course of study requirements under § 17–302 of this title or § 17–403 or § 17–404 of this subtitle.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-407" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="4" subtitle_name="Certification"> <text>The Board may waive the requirement that an applicant under § 17–403 or § 17–404 of this subtitle complete the requisite amount of clinically supervised experience in alcohol and drug counseling after the award of the applicant’s required degree if the applicant, prior to the award of the required degree, obtained a minimum of 5 years of clinically supervised experience in alcohol and drug counseling approved by the Board.</text> </section> <section article="gho" article_name="Health Occupations" number="17-501" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <text>To apply for trainee status, a license, or a certificate, an applicant shall:</text> <level label="1"> <text>Submit an application on the form that the Board requires;</text> </level> <level label="2"> <text>Pay to the Board the application fee set by the Board; and</text> </level> <level label="3"> <text>Submit to a criminal history records check in accordance with § 17–501.1 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-501.1" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>A complete set of legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;</text> </level> <level label="2"> <text>The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and</text> </level> <level label="3"> <text>The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.</text> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>Information obtained from the Central Repository under this section:</text> <level label="1"> <text>Shall be confidential;</text> </level> <level label="2"> <text>May not be redisseminated; and</text> </level> <level label="3"> <text>Shall be used only for the licensing or certification purpose authorized by this title.</text> </level> </level> <level label="f"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-502" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>An applicant who otherwise qualifies for a license or certificate is entitled to be examined as provided in this section.</text> </level> <level label="b"> <text>The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.</text> </level> <level label="c"> <text>The Board shall notify each qualified applicant of the time and place of examination.</text> </level> <level label="d"> <level label="1"> <text>The Board may not limit the number of times an applicant may take an examination required under this title.</text> </level> <level label="2"> <text>The applicant shall pay to the Board a reexamination fee set by the Board for each reexamination.</text> </level> </level> <level label="e"> <text>The examination shall include a portion that tests an applicant’s knowledge of the Maryland Professional Counselors and Therapists Act.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-503" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The Board shall include on each license and certificate that the Board issues:</text> <level label="1"> <text>The type of license or certificate;</text> </level> <level label="2"> <text>The full name of the licensee or certificate holder;</text> </level> <level label="3"> <text>A serial number; and</text> </level> <level label="4"> <text>The expiration date of the license or certificate.</text> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <level label="1"> <text>On receipt of the criminal history record information of an applicant for licensure or certification forwarded to the Board in accordance with § 17–501.1 of this subtitle, in determining whether to grant a license or certificate, the Board shall consider:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iii"> <text>The length of time that has passed since the crime;</text> </level> <level label="iv"> <text>Subsequent work history;</text> </level> <level label="v"> <text>Employment and character references; and</text> </level> <level label="vi"> <text>Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>The Board may not issue a license or certificate if the criminal history record information required under § 17–501.1 of this subtitle has not been received.</text> </level> </level> <level label="e"> <level label="1"> <text>The Board shall maintain an electronic roster of all individuals licensed or certified by the Board.</text> </level> <level label="2"> <text>The roster shall be available for the purpose of electronically verifying licensure or certification on the Board’s website.</text> </level> <level label="3"> <text>Individuals without access to the Board’s website may contact the Board to verify a license or certificate.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-504" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <level label="1"> <text>A license or certificate expires on the date set by the Board, unless the license or certificate is renewed for an additional term as provided in this section.</text> </level> <level label="2"> <text>A license or certificate may not be renewed for a term longer than 2 years.</text> </level> </level> <level label="b"> <text>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:</text> <level label="1"> <text>The date on which the current license or certificate expires;</text> </level> <level label="2"> <text>The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license or certificate expires; and</text> </level> <level label="3"> <text>The amount of the renewal fee.</text> </level> </level> <level label="c"> <text>Each licensee or certificate holder shall notify the Board of any change in the address of the licensee or certificate holder.</text> </level> <level label="d"> <text>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:</text> <level label="1"> <text>Otherwise is entitled to be licensed or certified;</text> </level> <level label="2"> <text>Pays to the Board the renewal fee set by the Board;</text> </level> <level label="3"> <text>Submits to the Board a renewal application on the form that the Board requires; and</text> </level> <level label="4"> <text>Submits satisfactory evidence of compliance with any continuing education requirements as required by the Board for license or certificate renewal.</text> </level> </level> <level label="e"> <level label="1"> <text>The Board shall renew the license or certificate of and issue a renewal license or certificate to each licensee or certificate holder who meets the requirements of this section.</text> </level> <level label="2"> <text>The Board shall include the term of the renewal on each renewal license or certificate that the Board issues.</text> </level> </level> <level label="f"> <level label="1"> <level label="i"> <text>Beginning with the renewal cycle in 2015, the Board shall begin a process of requiring criminal history records checks in accordance with § 17–501.1 of this subtitle on:</text> <level label="1"> <text>Selected renewal applicants as determined by regulations adopted by the Board; and</text> </level> <level label="2"> <text>Each former licensee who files for reinstatement under § 17–505 of this subtitle after failing to renew the license for a period of 1 year or more.</text> </level> </level> <level label="ii"> <text>An additional criminal history records check shall be performed every 6 years after the initial records check required under subparagraph (i) of this paragraph.</text> </level> </level> <level label="2"> <level label="i"> <text>On receipt of the criminal history record information of an applicant for license or certificate renewal forwarded to the Board in accordance with § 17–501.1 of this subtitle, in determining whether to renew a license or certificate, the Board shall consider:</text> <level label="1"> <text>The age at which the crime was committed;</text> </level> <level label="2"> <text>The circumstances surrounding the crime;</text> </level> <level label="3"> <text>The length of time that has passed since the crime;</text> </level> <level label="4"> <text>Subsequent work history;</text> </level> <level label="5"> <text>Employment and character references; and</text> </level> <level label="6"> <text>Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="ii"> <text>The Board may not renew a license or certificate if the criminal history record information required under § 17–501.1 of this subtitle has not been received.</text> </level> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-505" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <level label="1"> <text>Except as provided in paragraph (3) of this subsection, the Board shall place a licensee or certificate holder on inactive status, if the licensee or certificate holder:</text> <level label="i"> <text>Submits to the Board an application for inactive status on the form required by the Board; and</text> </level> <level label="ii"> <text>Pays the inactive status fee set by the Board.</text> </level> </level> <level label="2"> <text>The Board shall issue a license or certificate to an individual who is on inactive status if the individual complies with the renewal requirements that are in effect when the individual requests the renewal of the license or certificate.</text> </level> <level label="3"> <text>The Board may not place a certified professional counselor–alcohol and drug, a certified professional counselor–marriage and family therapist, or a certified professional counselor on inactive status.</text> </level> </level> <level label="b"> <level label="1"> <text>Except as provided in paragraph (2) of this subsection, the Board, in accordance with its regulations, may reinstate the license of a licensee or the certificate of a certificate holder who has failed to renew the license or certificate for any reason.</text> </level> <level label="2"> <text>The Board may not reinstate the certificate of a certified professional counselor–alcohol and drug, a certified professional counselor–marriage and family therapist, or a certified professional counselor who has failed to renew the certificate for any reason.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-507" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>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:</text> <level label="1"> <text>Before the performance of those services, the client is furnished a copy of a professional disclosure statement; or</text> </level> <level label="2"> <level label="i"> <text>This professional disclosure statement is displayed in a conspicuous location at the place where the services are performed; and</text> </level> <level label="ii"> <text>A copy of the statement is provided to the client on request.</text> </level> </level> </level> <level label="b"> <text>The professional disclosure statement shall contain:</text> <level label="1"> <text>The name, title, business address, and business telephone number of the licensee or certificate holder performing the services;</text> </level> <level label="2"> <text>The formal professional education of the licensee or certificate holder, including the institutions attended and the degrees received from them;</text> </level> <level label="3"> <text>The areas of specialization of the licensee or certificate holder and the services provided;</text> </level> <level label="4"> <text>In the case of an individual licensed under Subtitle 3 of this title or certified under Subtitle 4 of this title who is engaged in a private individual practice, partnership, or group practice, the individual’s fee schedule listed by type of service or hourly rate;</text> </level> <level label="5"> <text>At the bottom of the first page of the disclosure statement, the words, “This information is required by the Board of Professional Counselors and Therapists, which regulates all licensed and certified counselors and therapists.”; and</text> </level> <level label="6"> <text>Immediately beneath the statement required by item (5) of this subsection, the name, address, and telephone number of the Board.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-508" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>In this section, “regulated counselor or therapist” means:</text> <level label="1"> <text>A licensed clinical alcohol and drug counselor;</text> </level> <level label="2"> <text>A licensed clinical marriage and family therapist;</text> </level> <level label="3"> <text>A licensed clinical professional art therapist;</text> </level> <level label="4"> <text>A licensed clinical professional counselor;</text> </level> <level label="5"> <text>A licensed graduate alcohol and drug counselor;</text> </level> <level label="6"> <text>A licensed graduate marriage and family therapist;</text> </level> <level label="7"> <text>A licensed graduate professional art therapist;</text> </level> <level label="8"> <text>A licensed graduate professional counselor;</text> </level> <level label="9"> <text>A certified professional counselor–alcohol and drug counselor;</text> </level> <level label="10"> <text>A certified associate counselor–alcohol and drug counselor;</text> </level> <level label="11"> <text>A certified supervised counselor–alcohol and drug counselor;</text> </level> <level label="12"> <text>A certified professional counselor–marriage and family therapist; and</text> </level> <level label="13"> <text>A certified professional counselor.</text> </level> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Surrender the license or certificate; or</text> </level> <level label="2"> <text>Allow the license or certificate to lapse by operation of law.</text> </level> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-509" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <text>Subject to the hearing provisions of § 17–511 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny trainee status, a license, or a certificate to any applicant, place any trainee, licensee, or certificate holder on probation, reprimand any trainee, licensee, or certificate holder, or suspend, rescind, or revoke the status of any trainee, a license of any licensee, or a certificate of any certificate holder if the applicant, trainee, licensee, or certificate holder:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>Habitually is intoxicated;</text> </level> <level label="3"> <text>Provides professional services:</text> <level label="i"> <text>While under the influence of alcohol; or</text> </level> <level label="ii"> <text>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;</text> </level> </level> <level label="4"> <text>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;</text> </level> <level label="5"> <text>Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;</text> </level> <level label="6"> <text>Willfully makes or files a false report or record in the practice of counseling or therapy;</text> </level> <level label="7"> <text>Makes a willful misrepresentation while counseling or providing therapy;</text> </level> <level label="8"> <text>Violates the code of ethics adopted by the Board;</text> </level> <level label="9"> <text>Knowingly violates any provision of this title;</text> </level> <level label="10"> <text>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;</text> </level> <level label="11"> <text>Is professionally, physically, or mentally incompetent;</text> </level> <level label="12"> <text>Submits a false statement to collect a fee;</text> </level> <level label="13"> <text>Violates any rule or regulation adopted by the Board;</text> </level> <level label="14"> <text>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;</text> </level> <level label="15"> <text>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;</text> </level> <level label="16"> <text>Commits an act of immoral or unprofessional conduct in the practice of clinical or nonclinical counseling or therapy;</text> </level> <level label="17"> <text>Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article;</text> </level> <level label="18"> <text>Fails to cooperate with a lawful investigation conducted by the Board; or</text> </level> <level label="19"> <text>Fails to submit to a criminal history records check in accordance with § 17–501.1 of this subtitle.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-510" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>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:</text> <level label="1"> <text>Instead of placing the licensee or certificate holder on probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate; or</text> </level> <level label="2"> <text>In addition to placing the licensee or certificate holder on probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate.</text> </level> </level> <level label="b"> <text>The Board shall adopt regulations to set standards for the imposition of penalties under this section.</text> </level> <level label="c"> <text>The Board shall pay any money collected under this section into the General Fund of the State.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-511" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>The individual may be represented at the hearing by counsel.</text> </level> <level label="e"> <level label="1"> <text>Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.</text> </level> <level label="2"> <text>If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.</text> </level> </level> <level label="f"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-512" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>An order of the Board may not be stayed pending judicial review.</text> </level> <level label="d"> <text>The Board may petition for judicial review of any decision that reverses or modifies its order.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-513" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>An action may be maintained in the name of the State or the Board to enjoin:</text> <level label="1"> <text>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; or</text> </level> <level label="2"> <text>Conduct that is a ground for disciplinary action under § 17–509 of this subtitle.</text> </level> </level> <level label="c"> <text>An action under this section may be brought by:</text> <level label="1"> <text>The Board, in its own name;</text> </level> <level label="2"> <text>The Attorney General, in the name of the State; or</text> </level> <level label="3"> <text>A State’s Attorney, in the name of the State.</text> </level> </level> <level label="d"> <text>An action under this section shall be brought in the county where the defendant:</text> <level label="1"> <text>Resides; or</text> </level> <level label="2"> <text>Engages in the acts sought to be enjoined.</text> </level> </level> <level label="e"> <text>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.</text> </level> <level label="f"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-513.1" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>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.</text> </level> <level label="b"> <level label="1"> <text>In return for the privilege to practice counseling and therapy in the State, an applicant, a licensee, or a certificate holder is deemed to have:</text> <level label="i"> <text>Consented to submit to an examination under this section, if requested by the Board in writing; and</text> </level> <level label="ii"> <text>Waived any claim of privilege as to the testimony or report of a health care practitioner who examines the applicant, licensee, or certificate holder.</text> </level> </level> <level label="2"> <text>In return for the privilege to practice clinical alcohol and drug counseling in the State without a license or certification in accordance with § 17–406 of this title, a trainee is deemed to have:</text> <level label="i"> <text>Consented to submit to an examination under this section, if requested by the Board in writing; and</text> </level> <level label="ii"> <text>Waived any claim of privilege as to the testimony or report of a health care practitioner who examines the trainee.</text> </level> </level> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>The Board shall pay the reasonable cost of any examination required of a licensee, certificate holder, or trainee under this section.</text> </level> <level label="f"> <text>An applicant shall pay the reasonable cost of any examination required of the applicant under this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-514" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <text>For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:</text> <level label="1"> <text>Reinstate a license or certificate that has been revoked;</text> </level> <level label="2"> <text>Reduce the period of a suspension or probation; or</text> </level> <level label="3"> <text>Withdraw a reprimand.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-515" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="5" subtitle_name="General Provisions; Disciplinary Actions"> <level label="a"> <text>In this section, “counselor and therapist rehabilitation committee” means a committee that:</text> <level label="1"> <text>Is described in subsection (b) of this section; and</text> </level> <level label="2"> <text>Performs any of the functions listed in subsection (d) of this section.</text> </level> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Is recognized by the Board; and</text> </level> <level label="2"> <text>Includes but is not limited to alcohol and drug counselors, marriage and family therapists, professional counselors, and professional art therapists.</text> </level> </level> <level label="c"> <text>A rehabilitation committee of the Board or recognized by the Board may function:</text> <level label="1"> <text>Solely for the Board; or</text> </level> <level label="2"> <text>Jointly with a rehabilitation committee representing another board or boards.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <level label="1"> <text>Except as otherwise provided in this subsection, the proceedings, records, and files of the counselor and therapist rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the counselor and therapist rehabilitation committee.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection does not apply to any record or document that is considered by the counselor and therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.</text> </level> <level label="3"> <text>For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.</text> </level> </level> <level label="f"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-601" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6"> <text>Unless an individual is licensed to practice clinical alcohol and drug counseling, clinical marriage and family therapy, clinical professional counseling, or clinical professional art therapy, an individual may not:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-602" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6"> <text>Except as otherwise provided in this title, unless an individual has been approved by the Board to practice as 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 the individual may not:</text> <level label="1"> <text>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”;</text> </level> <level label="2"> <text>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;</text> </level> <level label="3"> <text>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</text> </level> <level label="4"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-603" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6"> <text>Except as otherwise provided in this title, unless an individual is certified to practice alcohol and drug counseling, marriage and family therapy, or professional counseling, the individual may not:</text> <level label="1"> <text>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;</text> </level> <level label="2"> <text>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</text> </level> <level label="3"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-604" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>Each violation of this subtitle is a separate offense.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-01" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>In this subtitle the following words have the meanings indicated.</text> </level> <level label="b"> <text>“Committee” means the Behavior Analyst Advisory Committee established under § 17–6A–05 of this subtitle.</text> </level> <level label="c"> <text>“License” means a license issued by the Board to practice behavior analysis.</text> </level> <level label="d"> <text>“Licensed behavior analyst” means an individual who is licensed by the Board to practice behavior analysis.</text> </level> <level label="e"> <text>“Licensee” means a licensed behavior analyst.</text> </level> <level label="f"> <level label="1"> <text>“Practice of behavior analysis” means the design, implementation, and evaluation of systematic instructional and environmental modifications to produce socially significant improvements in human behavior.</text> </level> <level label="2"> <text>“Practice of behavior analysis” includes:</text> <level label="i"> <text>The empirical identification of functional relations between behavior and environmental factors, known as functional assessment and analysis; and</text> </level> <level label="ii"> <text>Interventions based on scientific research and the direct observation and measurement of behavior and environment.</text> </level> </level> <level label="3"> <text>“Practice of behavior analysis” does not include psychological testing, diagnosis of a mental or physical disorder, neuropsychology, psychotherapy, cognitive therapy, sex therapy, psychoanalysis, hypnotherapy, counseling, or any subdiscipline of psychology as treatment modalities.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-02" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-03" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>The Board shall adopt:</text> <level label="1"> <text>Regulations for the licensure and practice of behavior analysis; and</text> </level> <level label="2"> <text>A code of ethics for the practice of behavior analysis.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-04" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <level label="1"> <text>The Board shall set reasonable fees for the issuance and renewal of licenses and the other services it provides to behavior analysts.</text> </level> <level label="2"> <text>The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure program and the other services provided to behavior analysts.</text> </level> </level> <level label="b"> <level label="1"> <text>The Board shall pay all fees collected under the provisions of this subtitle to the Comptroller.</text> </level> <level label="2"> <text>The Comptroller shall distribute all fees to the Board.</text> </level> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-05" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>There is a Behavior Analyst Advisory Committee within the Board.</text> </section> <section article="gho" article_name="Health Occupations" number="17-6A-06" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>The Committee consists of five members appointed by the Board as follows:</text> <level label="1"> <level label="i"> <text>On or before December 31, 2014, four behavior analysts who:</text> <level label="1"> <text>Are certified by the Behavior Analyst Certification Board; and</text> </level> <level label="2"> <text>Have a minimum of 5 years of clinical experience; and</text> </level> </level> <level label="ii"> <text>On or after January 1, 2015, four licensed behavior analysts who:</text> <level label="1"> <text>Are certified by the Behavior Analyst Certification Board; and</text> </level> <level label="2"> <text>Have a minimum of 5 years of clinical experience; and</text> </level> </level> </level> <level label="2"> <text>One consumer member who is receiving services, has received services, or has a child who is receiving services for a behavioral disorder, including an autism spectrum disorder.</text> </level> </level> <level label="b"> <text>The consumer member of the Committee:</text> <level label="1"> <text>Shall be a member of the general public;</text> </level> <level label="2"> <text>May not be or ever have been a behavior analyst or in training to become a behavior analyst;</text> </level> <level label="3"> <text>May not have a household member who is a behavior analyst or in training to become a behavior analyst;</text> </level> <level label="4"> <text>May not participate or ever have participated in a commercial or professional field related to behavior analysis;</text> </level> <level label="5"> <text>May not have a household member who participates in a commercial or professional field related to behavior analysis; and</text> </level> <level label="6"> <text>May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.</text> </level> </level> <level label="c"> <level label="1"> <text>The term of a member is 4 years.</text> </level> <level label="2"> <text>The terms of members are staggered as required by the terms provided for members of the Committee on October 1, 2014.</text> </level> <level label="3"> <text>At the end of a term, a member continues to serve until a successor is appointed and qualifies.</text> </level> <level label="4"> <text>A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.</text> </level> <level label="5"> <text>A member may not serve more than 2 consecutive full terms.</text> </level> </level> <level label="d"> <text>The Board may remove a member for incompetence or misconduct.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-07" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>From among its members, the Committee annually shall elect a chair and a vice chair.</text> </level> <level label="b"> <text>The Committee shall determine:</text> <level label="1"> <text>The manner of election of officers; and</text> </level> <level label="2"> <text>The duties of each officer.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-08" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>A majority of the members then serving on the Committee is a quorum.</text> </level> <level label="b"> <level label="1"> <text>The Committee shall meet at least once a year, at the times and places that it determines.</text> </level> <level label="2"> <text>The Committee may hold special meetings if:</text> <level label="i"> <text>Requested by the Board; or</text> </level> <level label="ii"> <text>The chair or a majority of the members then serving on the Committee consider a meeting to be necessary or advisable.</text> </level> </level> <level label="3"> <text>Reasonable notice of all Committee meetings shall be given in the manner determined by the Committee.</text> </level> </level> <level label="c"> <text>A member of the Committee:</text> <level label="1"> <text>May not receive compensation as a member of the Committee; but</text> </level> <level label="2"> <text>Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-09" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>In addition to the powers and duties set forth elsewhere in this subtitle, the Committee shall:</text> <level label="1"> <text>Develop and recommend to the Board regulations to carry out this subtitle;</text> </level> <level label="2"> <text>Develop and recommend to the Board a code of ethics for the practice of behavior analysis;</text> </level> <level label="3"> <text>Develop and recommend to the Board the requirements for licensure as a behavior analyst, including:</text> <level label="i"> <text>Criteria for the educational and clinical training of licensed behavior analysts; and</text> </level> <level label="ii"> <text>Criteria for a professional competency examination and testing of applicants for a license to practice behavior analysis;</text> </level> </level> <level label="4"> <text>Develop and recommend to the Board continuing education requirements for license renewal;</text> </level> <level label="5"> <text>Provide the Board with recommendations concerning the practice of behavior analysis;</text> </level> <level label="6"> <text>Keep a record of its proceedings; and</text> </level> <level label="7"> <text>Report to the Board as required in regulations adopted by the Board.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-10" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-11" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>To qualify for a license, an applicant shall be an individual who meets the requirements of this section.</text> </level> <level label="b"> <text>The applicant shall:</text> <level label="1"> <text>Be of good moral character; and</text> </level> <level label="2"> <text>Be at least 18 years old.</text> </level> </level> <level label="c"> <text>The applicant shall:</text> <level label="1"> <text>Have a current certification by the Behavior Analyst Certification Board or its successor organization;</text> </level> <level label="2"> <text>Have received a master’s degree or higher from a behavior analysis educational program that is accredited by the Behavior Analyst Certification Board or its successor organization;</text> </level> <level label="3"> <text>Demonstrate oral and written competency in English as required by the Board; and</text> </level> <level label="4"> <text>Meet any other requirements established by the Board.</text> </level> </level> <level label="d"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-12" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>To apply for a license, an applicant shall:</text> <level label="1"> <text>Submit an application to the Board on the form that the Board requires;</text> </level> <level label="2"> <text>Pay to the Board the application fee set by the Board; and</text> </level> <level label="3"> <text>Submit to a criminal history records check in accordance with § 17–501.1 of this title.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-13" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <level label="1"> <text>The Board shall issue a license to any applicant who meets the requirements of this subtitle.</text> </level> <level label="2"> <text>If an applicant submits a complete application for licensure and meets the requirements of this subtitle, the Board shall issue the license within 30 days after receiving the completed application.</text> </level> <level label="3"> <text>If an applicant submitted an incomplete application but is determined to meet the requirements under this subtitle based on additional information submitted by the applicant, the Board shall issue the license within 50 days after receiving the additional information.</text> </level> </level> <level label="b"> <text>The Board shall include on each license that the Board issues:</text> <level label="1"> <text>The full name of the licensed behavior analyst;</text> </level> <level label="2"> <text>The dates of issuance and expiration;</text> </level> <level label="3"> <text>A serial number;</text> </level> <level label="4"> <text>The signatures of the chair and the vice chair of the Board; and</text> </level> <level label="5"> <text>The seal of the Board.</text> </level> </level> <level label="c"> <level label="1"> <text>On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 17–501.1 of this title, in determining whether to grant a license, the Board shall consider:</text> <level label="i"> <text>The age at which the crime was committed;</text> </level> <level label="ii"> <text>The circumstances surrounding the crime;</text> </level> <level label="iii"> <text>The length of time that has passed since the crime;</text> </level> <level label="iv"> <text>Subsequent work history;</text> </level> <level label="v"> <text>Employment and character references; and</text> </level> <level label="vi"> <text>Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.</text> </level> </level> <level label="2"> <text>The Board may not issue a license if the criminal history record information required under § 17–501.1 of this title has not been received.</text> </level> </level> <level label="d"> <level label="1"> <text>The Board shall send an e–mail notification to an applicant when the Board:</text> <level label="i"> <text>Receives the application;</text> </level> <level label="ii"> <text>Begins its review of the application;</text> </level> <level label="iii"> <text>Determines that the application is complete or the application needs additional information; or</text> </level> <level label="iv"> <text>Decides to issue or deny the license.</text> </level> </level> <level label="2"> <text>At the request of an applicant or a third party designated by the applicant, the Board shall provide additional e–mail notifications regarding the status of the application.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-14" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>A behavior analyst license authorizes the licensee to practice behavior analysis while the license is effective.</text> </section> <section article="gho" article_name="Health Occupations" number="17-6A-15" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>A license expires on a date set by the Board unless the license is renewed for an additional term as provided in this section.</text> </level> <level label="b"> <text>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:</text> <level label="1"> <text>The date on which the current license expires;</text> </level> <level label="2"> <text>The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and</text> </level> <level label="3"> <text>The amount of the renewal fee.</text> </level> </level> <level label="c"> <text>Before a license expires, the licensee periodically may renew the license for an additional term if the licensee:</text> <level label="1"> <text>Otherwise is entitled to be licensed;</text> </level> <level label="2"> <text>Pays to the Board a renewal fee set by the Board; and</text> </level> <level label="3"> <text>Submits to the Board:</text> <level label="i"> <text>A renewal application on the form that the Board requires; and</text> </level> <level label="ii"> <text>Satisfactory evidence of compliance with any continuing education requirements established by the Board under subsection (d) of this section.</text> </level> </level> </level> <level label="d"> <text>The Board may establish continuing education requirements as a condition of the renewal of licenses under this section.</text> </level> <level label="e"> <text>The Board shall renew the license of each licensee who meets the requirements of this section.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-16" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <level label="1"> <text>The Board shall place a licensee on inactive status if the licensee submits to the Board:</text> <level label="i"> <text>An application for inactive status on the form required by the Board; and</text> </level> <level label="ii"> <text>The inactive status fee set by the Board.</text> </level> </level> <level label="2"> <level label="i"> <text>The Board shall license an individual on inactive status who applies for a license if the individual:</text> <level label="1"> <text>Complies with the renewal requirements that exist at the time the individual changes from inactive status to active status; and</text> </level> <level label="2"> <text>Meets any continuing education requirements established by the Board.</text> </level> </level> <level label="ii"> <text>The Board may not require payment of a late fee by an individual as a condition to licensing under this paragraph.</text> </level> </level> </level> <level label="b"> <text>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:</text> <level label="1"> <text>Meets the renewal requirements of § 17–6A–15 of this subtitle;</text> </level> <level label="2"> <text>Pays to the Board a reinstatement fee set by the Board; and</text> </level> <level label="3"> <text>Applies to the Board for reinstatement of the license within 5 years after the license expires.</text> </level> </level> <level label="c"> <level label="1"> <text>The Board may not reinstate the license of a behavior analyst who fails to apply for reinstatement of the license within 5 years after the license expires.</text> </level> <level label="2"> <text>Notwithstanding the provisions of paragraph (1) of this subsection, a behavior analyst may become licensed by meeting the current requirements for obtaining a new license under this subtitle.</text> </level> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-17" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>A licensee shall notify the Board in writing of a change in name or address within 60 days after the change.</text> </level> <level label="b"> <text>A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-18" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>Unless the Board accepts the surrender of a license, the license may not lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee. </text> </section> <section article="gho" article_name="Health Occupations" number="17-6A-19" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>Subject to the hearing provisions of § 17–6A–21 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to any applicant, reprimand any licensee, place any licensee on probation, or suspend or revoke a license of any licensee if the applicant or licensee:</text> <level label="1"> <text>Fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;</text> </level> <level label="2"> <text>Fraudulently or deceptively uses a license;</text> </level> <level label="3"> <text>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;</text> </level> <level label="4"> <text>Aids or abets an unauthorized person in practicing behavior analysis or representing oneself to be a behavior analyst;</text> </level> <level label="5"> <text>Practices behavior analysis fraudulently or deceitfully;</text> </level> <level label="6"> <text>Violates the code of ethics adopted by the Board under § 17–6A–03 of this subtitle;</text> </level> <level label="7"> <text>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;</text> </level> <level label="8"> <text>Submits a false statement to collect a fee;</text> </level> <level label="9"> <text>Willfully makes or files a false report or record in the practice of behavior analysis;</text> </level> <level label="10"> <text>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;</text> </level> <level label="11"> <text>Violates any provision of this subtitle or any regulation adopted by the Board;</text> </level> <level label="12"> <text>Uses or promotes or causes the use of any misleading, deceiving, or untruthful advertising matter, promotional literature, or testimonial;</text> </level> <level label="13"> <text>Is professionally, physically, or mentally incompetent;</text> </level> <level label="14"> <text>Promotes the sale of devices, appliances, or goods to a patient so as to exploit the patient for financial gain;</text> </level> <level label="15"> <text>Behaves immorally in the practice of behavior analysis;</text> </level> <level label="16"> <text>Commits an act of unprofessional conduct in the practice of behavior analysis;</text> </level> <level label="17"> <text>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;</text> </level> <level label="18"> <text>Fails to cooperate with a lawful investigation conducted by the Board;</text> </level> <level label="19"> <text>Commits an act that is inconsistent with generally accepted professional standards in the practice of behavior analysis;</text> </level> <level label="20"> <text>Fails to submit to a criminal history records check in accordance with § 17–501.1 of this title;</text> </level> <level label="21"> <text>Habitually is intoxicated;</text> </level> <level label="22"> <text>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</text> </level> <level label="23"> <text>Knowingly fails to report suspected child abuse in violation of § 5–704 of the Family Law Article.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-20" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>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:</text> <level label="1"> <text>Instead of suspending the license; or</text> </level> <level label="2"> <text>In addition to suspending or revoking the license.</text> </level> </level> <level label="b"> <text>The Board shall adopt regulations to set standards for the imposition of monetary penalties under this section.</text> </level> <level label="c"> <text>The Board shall pay any penalty collected under this section into the General Fund of the State.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-21" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.</text> </level> <level label="c"> <text>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.</text> </level> <level label="d"> <text>The individual may be represented at the hearing by counsel.</text> </level> <level label="e"> <level label="1"> <text>Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before the Board.</text> </level> <level label="2"> <text>The Board shall issue subpoenas on behalf of the individual if the individual:</text> <level label="i"> <text>Requests that the Board do so; and</text> </level> <level label="ii"> <text>States under oath that the testimony or evidence sought is necessary to the individual’s defense.</text> </level> </level> <level label="3"> <text>If, without lawful excuse, an individual disobeys a subpoena from the Board or an order by the Board to take an oath, testify, or answer a question, on petition of the Board, a court of competent jurisdiction may compel compliance with the subpoena.</text> </level> </level> <level label="f"> <text>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.</text> </level> <level label="g"> <text>The hearing of charges may not be stayed or challenged by any procedural defects alleged to have occurred before the filing of charges.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-22" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> <level label="c"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-23" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:</text> <level label="1"> <text>Reinstate a license that has been revoked;</text> </level> <level label="2"> <text>Reduce the period of a suspension; or</text> </level> <level label="3"> <text>Withdraw a reprimand.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-24" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>The Board may issue a cease and desist order for a violation of this subtitle.</text> </section> <section article="gho" article_name="Health Occupations" number="17-6A-25" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>An action may be maintained in the name of the State or the Board to enjoin:</text> <level label="1"> <text>The unauthorized practice of behavior analysis; or</text> </level> <level label="2"> <text>Conduct that is a ground for disciplinary action under § 17–6A–19 of this subtitle.</text> </level> </level> <level label="b"> <text>An action under this section may be brought by:</text> <level label="1"> <text>The Board, in its own name;</text> </level> <level label="2"> <text>The Attorney General, in the name of the State; or</text> </level> <level label="3"> <text>A State’s Attorney, in the name of the State.</text> </level> </level> <level label="c"> <text>An action under this section shall be brought in the county where the defendant:</text> <level label="1"> <text>Resides; or</text> </level> <level label="2"> <text>Engages in the acts sought to be enjoined.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-26" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>In this section, “behavior analyst rehabilitation subcommittee” means a subcommittee that:</text> <level label="1"> <text>Is defined in subsection (b) of this section; and</text> </level> <level label="2"> <text>Performs any of the functions listed in subsection (d) of this section.</text> </level> </level> <level label="b"> <text>For purposes of this section, a behavior analyst rehabilitation subcommittee is a subcommittee of the Committee that:</text> <level label="1"> <text>Is recognized by the Board; and</text> </level> <level label="2"> <text>Includes but is not limited to behavior analysts.</text> </level> </level> <level label="c"> <text>A rehabilitation subcommittee of the Committee or recognized by the Committee may function:</text> <level label="1"> <text>Solely for the Committee; or</text> </level> <level label="2"> <text>Jointly with a rehabilitation committee representing another board or boards.</text> </level> </level> <level label="d"> <text>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.</text> </level> <level label="e"> <level label="1"> <text>Except as otherwise provided in this subsection, the proceedings, records, and files of the behavior analyst rehabilitation subcommittee are not discoverable and are not admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the behavior analyst rehabilitation subcommittee.</text> </level> <level label="2"> <text>Paragraph (1) of this subsection does not apply to any record or document that is considered by the behavior analyst rehabilitation subcommittee and that otherwise would be subject to discovery or introduction into evidence in a civil action.</text> </level> <level label="3"> <text>For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.</text> </level> </level> <level label="f"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-27" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>Each violation of this section is a separate offense.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-28" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>Unless authorized to practice behavior analysis under this subtitle, a person may not:</text> <level label="1"> <text>Represent to the public that the person is a licensed behavior analyst; or</text> </level> <level label="2"> <text>Use any title, abbreviation, sign, card, or other representation that the person is a licensed behavior analyst.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-29" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <level label="a"> <text>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.</text> </level> <level label="b"> <text>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.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-6A-30" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>This subtitle may be cited as the Maryland Behavior Analysts Act.</text> </section> <section article="gho" article_name="Health Occupations" number="17-6A-31" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6A" subtitle_name="Behavior Analysts"> <text>Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this subtitle and all rules and regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2028.</text> </section> <section article="gho" article_name="Health Occupations" number="17-6B-01" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="6B" subtitle_name="Interstate Licensed Professional Counselors Compact"> <text>SECTION 1: PURPOSE.</text> <text>This Compact is designed to achieve the following objectives:</text> <level label="A"> <text>Increase public access to professional counseling services by providing for the mutual recognition of other member state licenses;</text> </level> <level label="B"> <text>Enhance the states’ ability to protect the public’s health and safety;</text> </level> <level label="C"> <text>Encourage the cooperation of member states in regulating multistate practice for licensed professional counselors;</text> </level> <level label="D"> <text>Support spouses of relocating active duty military personnel;</text> </level> <level label="E"> <text>Enhance the exchange of licensure, investigative, and disciplinary information among member states;</text> </level> <level label="F"> <text>Allow for the use of telehealth technology to facilitate increased access to professional counseling services;</text> </level> <level label="G"> <text>Support the uniformity of professional counseling licensure requirements throughout the states to promote public safety and public health benefits;</text> </level> <level label="H"> <text>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;</text> </level> <level label="I"> <text>Eliminate the necessity for licenses in multiple states; and</text> </level> <level label="J"> <text>Provide opportunities for interstate practice by licensed professional counselors who meet uniform licensure requirements.</text> <text>SECTION 2. DEFINITIONS.</text> <text>As used in this Compact, and except as otherwise provided, the following definitions shall apply:</text> </level> <level label="A"> <text>“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.</text> </level> <level label="B"> <text>“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.</text> </level> <level label="C"> <text>“Alternative program” means a non–disciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners.</text> </level> <level label="D"> <text>“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.</text> </level> <level label="E"> <text>“Counseling Compact Commission” or “Commission” means the national administrative body whose membership consists of all states that have enacted the Compact.</text> </level> <level label="F"> <text>“Current significant investigative information” means:</text> <level label="1"> <text>Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction; or</text> </level> <level label="2"> <text>Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond.</text> </level> </level> <level label="G"> <text>“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.</text> </level> <level label="H"> <text>“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).</text> </level> <level label="I"> <text>“Encumbrance” means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board.</text> </level> <level label="J"> <text>“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.</text> </level> <level label="K"> <text>“Home state” means the member state that is the licensee’s primary state of residence.</text> </level> <level label="L"> <text>“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.</text> </level> <level label="M"> <text>“Investigative information” means information, records, and documents received or generated by a professional counseling licensing board pursuant to an investigation.</text> </level> <level label="N"> <text>“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.</text> </level> <level label="O"> <text>“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.</text> </level> <level label="P"> <text>“Licensee” means an individual who currently holds an authorization from the state to practice as a licensed professional counselor.</text> </level> <level label="Q"> <text>“Licensing board” means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors.</text> </level> <level label="R"> <text>“Member state” means a state that has enacted the Compact.</text> </level> <level label="S"> <text>“Privilege to practice” means a legal authorization, which is equivalent to a license, permitting the practice of professional counseling in a remote state.</text> </level> <level label="T"> <text>“Professional counseling” means the assessment, diagnosis, and treatment of behavioral health conditions by a licensed professional counselor.</text> </level> <level label="U"> <text>“Remote state” means a member state other than the home state, where a licensee is exercising or seeking to exercise the privilege to practice.</text> </level> <level label="V"> <text>“Rule” means a regulation promulgated by the Commission that has the force of law.</text> </level> <level label="W"> <text>“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.</text> </level> <level label="X"> <text>“State” means any state, commonwealth, district, or territory of the United States of America that regulates the practice of professional counseling.</text> </level> <level label="Y"> <text>“Telehealth” means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose, and treat behavioral health conditions.</text> </level> <level label="Z"> <text>“Unencumbered license” means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling.</text> <text>SECTION 3. STATE PARTICIPATION IN THE COMPACT.</text> </level> <level label="A"> <text>To participate in the Compact, a state must currently:</text> <level label="1"> <text>License and regulate licensed professional counselors;</text> </level> <level label="2"> <text>Require licensees to pass a nationally recognized exam approved by the Commission;</text> </level> <level label="3"> <text>Require licensees to have a 60 semester–hour (or 90 quarter–hour) master’s degree in counseling or 60 semester–hours (or 90 quarter–hours) of graduate course work, including the following topic areas:</text> <text>a. Professional counseling orientation and ethical practice;</text> <text>b. Social and cultural diversity;</text> <text>c. Human growth and development;</text> <text>d. Career development;</text> <text>e. Counseling and helping relationships;</text> <text>f. Group counseling and group work;</text> <text>g. Diagnosis and treatment and assessment and testing;</text> <text>h. Research and program evaluation; and</text> <text>i. Other areas as determined by the Commission;</text> </level> <level label="4"> <text>Require licensees to complete a supervised postgraduate professional experience as defined by the Commission; and</text> </level> <level label="5"> <text>Have a mechanism in place for receiving and investigating complaints about licensees.</text> </level> </level> <level label="B"> <text>A member state shall:</text> <level label="1"> <text>Participate fully in the Commission’s data system, including using the Commission’s unique identifier as defined in rules;</text> </level> <level label="2"> <text>Notify the Commission, in compliance with the terms of the Compact and rules, of any adverse action or the availability of investigative information regarding a licensee;</text> </level> <level label="3"> <text>Implement or utilize procedures for considering the criminal history records of applicants for an initial privilege to practice. These procedures shall include the submission of fingerprints or other biometric–based information by applicants for the purpose of obtaining an applicant’s criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state’s criminal records;</text> <text>a. A member state must fully implement a criminal background check requirement, within a time frame established by rule, by receiving the results of the Federal Bureau of Investigation record search and shall use the results in making licensure decisions.</text> <text>b. Communication between a member state and the Commission and among member states regarding the verification of eligibility for licensure through the Compact shall not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under Public Law 92–544.</text> </level> <level label="4"> <text>Comply with the rules of the Commission;</text> </level> <level label="5"> <text>Require an applicant to obtain or retain a license in the home state and meet the home state’s qualifications for licensure or renewal of licensure, as well as all other applicable state laws;</text> </level> <level label="6"> <text>Grant the privilege to practice to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the Compact and rules; and</text> </level> <level label="7"> <text>Provide for the attendance of the state’s commissioner to the Counseling Compact Commission meetings.</text> </level> </level> <level label="C"> <text>Member states may charge a fee for granting the privilege to practice.</text> </level> <level label="D"> <text>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.</text> </level> <level label="E"> <text>Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.</text> </level> <level label="F"> <text>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.</text> <text>SECTION 4. PRIVILEGE TO PRACTICE.</text> </level> <level label="A"> <text>To exercise the privilege to practice under the terms and provisions of the Compact, the licensee shall:</text> <level label="1"> <text>Hold a license in the home state;</text> </level> <level label="2"> <text>Have a valid United States Social Security number or National Practitioner Identifier;</text> </level> <level label="3"> <text>Be eligible for a privilege to practice in any member state in accordance with Section 4(D), (G), and (H);</text> </level> <level label="4"> <text>Have not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years;</text> </level> <level label="5"> <text>Notify the Commission that the licensee is seeking the privilege to practice within a remote state(s);</text> </level> <level label="6"> <text>Pay any applicable fees, including any state fee, for the privilege to practice;</text> </level> <level label="7"> <text>Meet any continuing competence/education requirements established by the home state;</text> </level> <level label="8"> <text>Meet any jurisprudence requirements established by the remote state(s) in which the licensee is seeking a privilege to practice; and</text> </level> <level label="9"> <text>Report to the Commission any adverse action, encumbrance, or restriction on license taken by any non–member state within thirty (30) days from the date the action is taken.</text> </level> </level> <level label="B"> <text>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.</text> </level> <level label="C"> <text>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.</text> </level> <level label="D"> <text>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.</text> </level> <level label="E"> <text>If a home state license is encumbered, the licensee shall lose the privilege to practice in any remote state until the following occur:</text> <level label="1"> <text>The home state license is no longer encumbered; and</text> </level> <level label="2"> <text>The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years.</text> </level> </level> <level label="F"> <text>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.</text> </level> <level label="G"> <text>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:</text> <level label="1"> <text>The specific period of time for which the privilege to practice was removed has ended;</text> </level> <level label="2"> <text>All fines have been paid; and</text> </level> <level label="3"> <text>The licensee has not had any encumbrance or restriction against any license or privilege to practice within the previous two (2) years.</text> </level> </level> <level label="H"> <text>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.</text> <text>SECTION 5. OBTAINING A NEW HOME STATE LICENSE BASED ON A PRIVILEGE TO PRACTICE. </text> </level> <level label="A"> <text>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.</text> </level> <level label="B"> <text>If a licensed professional counselor changes primary state of residence by moving between two member states:</text> <level label="1"> <text>The licensed professional counselor shall file an application for obtaining a new home state license based on a privilege to practice, pay all applicable fees, and notify the current and new home state in accordance with applicable rules adopted by the Commission.</text> </level> <level label="2"> <text>Upon receipt of an application for obtaining a new home state license by virtue of a privilege to practice, the new home state shall verify that the licensed professional counselor meets the pertinent criteria outlined in Section 4 through the data system, without need for primary source verification except for:</text> <text>a. A Federal Bureau of Investigation fingerprint based criminal background check if not previously performed or updated pursuant to applicable rules adopted by the Commission in accordance with Public Law 92–544;</text> <text>b. Other criminal background check as required by the new home state; and</text> <text>c. Completion of any requisite jurisprudence requirements of the new home state.</text> </level> <level label="3"> <text>The former home state shall convert the former home state license into a privilege to practice once the new home state has activated the new home state license in accordance with applicable rules adopted by the Commission.</text> </level> <level label="4"> <text>Notwithstanding any other provision of this Compact, if the licensed professional counselor cannot meet the criteria in Section 4, the new home state may apply its requirements for issuing a new single state license.</text> </level> <level label="5"> <text>The licensed professional counselor shall pay all applicable fees to the new home state in order to be issued a new home state license.</text> </level> </level> <level label="C"> <text>If a licensed professional counselor changes primary state of residence by moving from a member state to a non–member state, or from a non–member state to a member state, the state criteria shall apply for issuance of a single state license in the new state.</text> </level> <level label="D"> <text>Nothing in this Compact shall interfere with a licensee’s ability to hold a single state license in multiple states, however for the purposes of this Compact, a licensee shall have only one home state license.</text> </level> <level label="E"> <text>Nothing in this Compact shall affect the requirements established by a member state for the issuance of a single state license.</text> <text>SECTION 6. ACTIVE DUTY MILITARY PERSONNEL OR THEIR SPOUSES.</text> <text>Active duty military personnel, or their spouses, shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual shall only change the individual’s home state through application for licensure in the new state, or through the process outlined in Section 5.</text> <text>SECTION 7. COMPACT PRIVILEGE TO PRACTICE TELEHEALTH.</text> </level> <level label="A"> <text>Member states shall recognize the right of a licensed professional counselor, licensed by a home state in accordance with Section 3 and under rules promulgated by the Commission, to practice professional counseling in any member state through telehealth under a privilege to practice as provided in the Compact and rules promulgated by the Commission.</text> </level> <level label="B"> <text>A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations of the remote state.</text> <text>SECTION 8. ADVERSE ACTIONS.</text> </level> <level label="A"> <text>In addition to the other powers conferred by state law, a remote state shall have the authority, in accordance with existing state due process law, to:</text> <level label="1"> <text>Take adverse action against a licensed professional counselor’s privilege to practice within that member state; and</text> </level> <level label="2"> <text>Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state shall be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage, and other fees required by the service statutes of the state in which the witnesses or evidence are located.</text> </level> <level label="3"> <text>Only the home state shall have the power to take adverse action against a licensed professional counselor’s license issued by the home state.</text> </level> </level> <level label="B"> <text>For purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state. In so doing, the home state shall apply its own state laws to determine appropriate action.</text> </level> <level label="C"> <text>The home state shall complete any pending investigations of a licensed professional counselor who changes primary state of residence during the course of the investigations. The home state shall also have the authority to take appropriate action(s) and shall promptly report the conclusions of the investigations to the administrator of the data system. The administrator of the coordinated licensure information system shall promptly notify the new home state of any adverse actions.</text> </level> <level label="D"> <text>A member state, if otherwise permitted by state law, may recover from the affected licensed professional counselor the costs of investigations and dispositions of cases resulting from any adverse action taken against that licensed professional counselor.</text> </level> <level label="E"> <text>A member state may take adverse action based on the factual findings of the remote state, provided that the member state follows its own procedures for taking the adverse action.</text> </level> <level label="F"> <text>Joint Investigations.</text> <level label="1"> <text>In addition to the authority granted to a member state by its respective professional counseling practice act or other applicable state law, any member state may participate with other member states in joint investigations of licensees.</text> </level> <level label="2"> <text>Member states shall share any investigative, litigation, or compliance materials in furtherance of any joint or individual investigation initiated under the Compact.</text> </level> </level> <level label="G"> <text>If adverse action is taken by the home state against the license of a licensed professional counselor, the licensed professional counselor’s privilege to practice in all other member states shall be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against the license of a licensed professional counselor shall include a statement that the licensed professional counselor’s privilege to practice is deactivated in all member states during the pendency of the order.</text> </level> <level label="H"> <text>If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states.</text> </level> <level label="I"> <text>Nothing in this Compact shall override a member state’s decision that participation in an alternative program may be used in lieu of adverse action.</text> <text>SECTION 9. ESTABLISHMENT OF COUNSELING COMPACT COMMISSION.</text> </level> <level label="A"> <text>The Compact member states hereby create and establish a joint public agency known as the Counseling Compact Commission:</text> <level label="1"> <text>The Commission is an instrumentality of the Compact states.</text> </level> <level label="2"> <text>Venue is proper and judicial proceedings by or against the Commission shall be brought solely and exclusively in a court of competent jurisdiction where the principal office of the Commission is located. The Commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings.</text> </level> <level label="3"> <text>Nothing in this Compact shall be construed to be a waiver of sovereign immunity.</text> </level> </level> <level label="B"> <text>Membership, Voting, and Meetings.</text> <level label="1"> <text>Each member state shall have and be limited to one (1) delegate selected by that member state’s licensing board.</text> </level> <level label="2"> <text>The delegate shall be either:</text> <text>a. A current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or</text> <text>b. An administrator of the licensing board.</text> </level> <level label="3"> <text>Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed.</text> </level> <level label="4"> <text>The member state licensing board shall fill any vacancy occurring on the Commission within sixty (60) days.</text> </level> <level label="5"> <text>Each delegate shall be entitled to one (1) vote with regard to the promulgation of rules and creation of bylaws and shall otherwise have an opportunity to participate in the business and affairs of the Commission.</text> </level> <level label="6"> <text>A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates’ participation in meetings by telephone or other means of communication.</text> </level> <level label="7"> <text>The Commission shall meet at least once during each calendar year. Additional meetings shall be held as set forth in the bylaws.</text> </level> <level label="8"> <text>The Commission shall by rule establish a term of office for delegates and may by rule establish term limits.</text> </level> </level> <level label="C"> <text>The Commission shall have the following powers and duties:</text> <level label="1"> <text>Establish the fiscal year of the Commission;</text> </level> <level label="2"> <text>Establish bylaws;</text> </level> <level label="3"> <text>Maintain its financial records in accordance with the bylaws;</text> </level> <level label="4"> <text>Meet and take such actions as are consistent with the provisions of this Compact and the bylaws;</text> </level> <level label="5"> <text>Promulgate rules which shall be binding to the extent and in the manner provided for in the Compact;</text> </level> <level label="6"> <text>Bring and prosecute legal proceedings or actions in the name of the Commission, provided that the standing of any state licensing board to sue or be sued under applicable law shall not be affected;</text> </level> <level label="7"> <text>Purchase and maintain insurance and bonds;</text> </level> <level label="8"> <text>Borrow, accept, or contract for services of personnel, including, but not limited to, employees of a member state;</text> </level> <level label="9"> <text>Hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the Compact, and establish the Commission’s personnel policies and programs relating to conflicts of interest, qualifications of personnel, and other related personnel matters;</text> </level> <level label="10"> <text>Accept any and all appropriate donations and grants of money, equipment, supplies, materials, and services, and receive, utilize, and dispose of the same; provided that at all times the Commission shall avoid any appearance of impropriety or conflict of interest;</text> </level> <level label="11"> <text>Lease, purchase, accept appropriate gifts or donations of, or otherwise own, hold, improve, or use, any property real, personal, or mixed; provided that at all times the Commission shall avoid any appearance of impropriety;</text> </level> <level label="12"> <text>Sell, convey, mortgage, pledge, lease, exchange, abandon, or otherwise dispose of any property real, personal, or mixed;</text> </level> <level label="13"> <text>Establish a budget and make expenditures;</text> </level> <level label="14"> <text>Borrow money;</text> </level> <level label="15"> <text>Appoint committees including standing committees composed of members, state regulators, state legislators or their representatives, and consumer representatives, and such other interested persons as may be designated in this Compact and the bylaws;</text> </level> <level label="16"> <text>Provide and receive information from, and cooperate with, law enforcement agencies;</text> </level> <level label="17"> <text>Establish and elect an executive committee; and</text> </level> <level label="18"> <text>Perform such other functions as may be necessary or appropriate to achieve the purposes of this Compact consistent with the state regulation of professional counseling licensure and practice.</text> </level> </level> <level label="D"> <text>The Executive Committee.</text> <level label="1"> <text>The executive committee shall have the power to act on behalf of the Commission according to the terms of this Compact.</text> </level> <level label="2"> <text>The executive committee shall be composed of up to eleven (11) members:</text> <text>a. Seven (7) voting members who are elected by the Commission from the current membership of the Commission; and</text> <text>b. Up to four (4) ex–officio, nonvoting members from four (4) recognized national professional counselor organizations. The ex–officio members will be selected by their respective organizations.</text> </level> <level label="3"> <text>The Commission may remove any member of the executive committee as provided in bylaws.</text> </level> <level label="4"> <text>The executive committee shall meet at least annually.</text> </level> <level label="5"> <text>The executive committee shall have the following duties and responsibilities:</text> <text>a. Recommend to the entire Commission changes to the rules or bylaws, changes to this Compact legislation, fees paid by Compact member states such as annual dues, and any Commission Compact fee charged to licensees for the privilege to practice;</text> <text>b. Ensure Compact administration services are appropriately provided, contractual or otherwise;</text> <text>c. Prepare and recommend the budget;</text> <text>d. Maintain financial records on behalf of the Commission;</text> <text>e. Monitor Compact compliance of member states and provide compliance reports to the Commission;</text> <text>f. Establish additional committees as necessary; and</text> <text>g. Perform other duties as provided in rules or bylaws.</text> </level> </level> <level label="E"> <text>Meetings of the Commission.</text> <level label="1"> <text>All meetings shall be open to the public, and public notice of meetings shall be given in the same manner as required under the rulemaking provisions in Section 11.</text> </level> <level label="2"> <text>The Commission or the executive committee or other committees of the Commission may convene in a closed, non–public meeting if the Commission or executive committee or other committees of the Commission must discuss:</text> <text>a. Non–compliance of a member state with its obligations under the Compact;</text> <text>b. The employment, compensation, discipline, or other matters, practices, or procedures related to specific employees or other matters related to the Commission’s internal personnel practices and procedures;</text> <text>c. Current, threatened, or reasonably anticipated litigation;</text> <text>d. Negotiation of contracts for the purchase, lease, or sale of goods, services, or real estate;</text> <text>e. Accusing any person of a crime or formally censuring any person;</text> <text>f. Disclosure of trade secrets or commercial or financial information that is privileged or confidential;</text> <text>g. Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy;</text> <text>h. Disclosure of investigative records compiled for law enforcement purposes;</text> <text>i. Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the Commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the Compact; or</text> <text>j. Matters specifically exempted from disclosure by federal or member state statute.</text> </level> <level label="3"> <text>If a meeting, or portion of a meeting, is closed pursuant to this provision, the Commission’s legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision.</text> </level> <level label="4"> <text>The Commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefore, including a description of the views expressed. All documents considered in connection with an action shall be identified in such minutes. All minutes and documents of a closed meeting shall remain under seal, subject to release by a majority vote of the Commission or order of a court of competent jurisdiction.</text> </level> </level> <level label="F"> <text>Financing of the Commission.</text> <level label="1"> <text>The Commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization, and ongoing activities.</text> </level> <level label="2"> <text>The Commission may accept any and all appropriate revenue sources, donations, and grants of money, equipment, supplies, materials, and services.</text> </level> <level label="3"> <text>The Commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the Commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount shall be allocated based upon a formula to be determined by the Commission, which shall promulgate a rule binding upon all member states.</text> </level> <level label="4"> <text>The Commission shall not incur obligations of any kind prior to securing the funds adequate to meet the same; nor shall the Commission pledge the credit of any of the member states, except by and with the authority of the member state.</text> </level> <level label="5"> <text>The Commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the Commission shall be subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the Commission shall be audited yearly by a certified or licensed public accountant, and the report of the audit shall be included in and become part of the annual report of the Commission.</text> </level> </level> <level label="G"> <text>Qualified Immunity, Defense, and Indemnification.</text> <level label="1"> <text>The members, officers, executive director, employees, and representatives of the Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error, or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing in this paragraph shall be construed to protect any such person from suit or liability for any damage, loss, injury, or liability caused by the intentional or willful or wanton misconduct of that person.</text> </level> <level label="2"> <text>The Commission shall defend any member, officer, executive director, employee, or representative of the Commission in any civil action seeking to impose liability arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities; provided that nothing herein shall be construed to prohibit that person from retaining his or her own counsel; and provided further, that the actual or alleged act, error, or omission did not result from that person’s intentional or willful or wanton misconduct.</text> </level> <level label="3"> <text>The Commission shall indemnify and hold harmless any member, officer, executive director, employee, or representative of the Commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error, or omission that occurred within the scope of Commission employment, duties, or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from the intentional or willful or wanton misconduct of that person.</text> <text>SECTION 10. DATA SYSTEM.</text> </level> </level> <level label="A"> <text>The Commission shall provide for the development, maintenance, operation, and utilization of a coordinated database and reporting system containing licensure, adverse action, and investigative information on all licensed individuals in member states.</text> </level> <level label="B"> <text>Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this Compact is applicable as required by the rules of the Commission, including:</text> <level label="1"> <text>Identifying information;</text> </level> <level label="2"> <text>Licensure data;</text> </level> <level label="3"> <text>Adverse actions against a license or privilege to practice;</text> </level> <level label="4"> <text>Non–confidential information related to alternative program participation;</text> </level> <level label="5"> <text>Any denial of application for licensure, and the reason(s) for such denial;</text> </level> <level label="6"> <text>Current significant investigative information; and</text> </level> <level label="7"> <text>Other information that may facilitate the administration of this Compact, as determined by the rules of the Commission.</text> </level> </level> <level label="C"> <text>Investigative information pertaining to a licensee in any member state will only be available to other member states.</text> </level> <level label="D"> <text>The Commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state will be available to any other member state.</text> </level> <level label="E"> <text>Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state.</text> </level> <level label="F"> <text>Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information shall be removed from the data system.</text> <text>SECTION 11. RULEMAKING.</text> </level> <level label="A"> <text>The Commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purpose of the Compact. Notwithstanding the foregoing, in the event the Commission exercises its rulemaking authority in a manner that is beyond the scope of the purposes of the Compact, or the powers granted hereunder, then such an action by the Commission shall be invalid and have no force or effect.</text> </level> <level label="B"> <text>The Commission shall exercise its rulemaking powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments shall become binding as of the date specified in each rule or amendment.</text> </level> <level label="C"> <text>If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the Compact within four (4) years of the date of adoption of the rule, then such rule shall have no further force and effect in any member state.</text> </level> <level label="D"> <text>Rules or amendments to the rules shall be adopted at a regular or special meeting of the Commission.</text> </level> <level label="E"> <text>Prior to promulgation and adoption of a final rule or rules by the Commission, and at least thirty (30) days in advance of the meeting at which the rule will be considered and voted upon, the Commission shall file a notice of proposed rulemaking:</text> <level label="1"> <text>On the website of the Commission or other publicly accessible platform; and</text> </level> <level label="2"> <text>On the website of each member state professional counseling licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules.</text> </level> </level> <level label="F"> <text>The notice of proposed rulemaking shall include:</text> <level label="1"> <text>The proposed time, date, and location of the meeting in which the rule will be considered and voted upon;</text> </level> <level label="2"> <text>The text of the proposed rule or amendment and the reason for the proposed rule;</text> </level> <level label="3"> <text>A request for comments on the proposed rule from any interested person; and</text> </level> <level label="4"> <text>The manner in which interested persons may submit notice to the Commission of their intention to attend the public hearing and any written comments.</text> </level> </level> <level label="G"> <text>Prior to adoption of a proposed rule, the Commission shall allow persons to submit written data, facts, opinions, and arguments, which shall be made available to the public.</text> </level> <level label="H"> <text>The Commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by:</text> <level label="1"> <text>At least twenty–five (25) persons;</text> </level> <level label="2"> <text>A state or federal governmental subdivision or agency; or</text> </level> <level label="3"> <text>An association having at least twenty–five (25) members.</text> </level> </level> <level label="I"> <text>If a hearing is held on the proposed rule or amendment, the Commission shall publish the place, time, and date of the scheduled public hearing. If the hearing is held by electronic means, the Commission shall publish the mechanism for access to the electronic hearing.</text> <level label="1"> <text>All persons wishing to be heard at the hearing shall notify the executive director of the Commission or other designated member in writing of their desire to appear and testify at the hearing not less than five (5) business days before the scheduled date of the hearing.</text> </level> <level label="2"> <text>Hearings shall be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing.</text> </level> <level label="3"> <text>All hearings will be recorded. A copy of the recording will be made available on request.</text> </level> <level label="4"> <text>Nothing in this section shall be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the Commission at hearings required by this section.</text> </level> </level> <level label="J"> <text>Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the Commission shall consider all written and oral comments received.</text> </level> <level label="K"> <text>If no written notice of intent to attend the public hearing by interested parties is received, the Commission may proceed with promulgation of the proposed rule without a public hearing.</text> </level> <level label="L"> <text>The Commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rulemaking record and the full text of the rule.</text> </level> <level label="M"> <text>Upon determination that an emergency exists, the Commission may consider and adopt an emergency rule without prior notice, opportunity for comment, or hearing, provided that the usual rulemaking procedures provided in the Compact and in this section shall be retroactively applied to the rule as soon as reasonably possible, in no event later than ninety (90) days after the effective date of the rule. For the purposes of this provision, an emergency rule is one that must be adopted immediately in order to:</text> <level label="1"> <text>Meet an imminent threat to public health, safety, or welfare;</text> </level> <level label="2"> <text>Prevent a loss of Commission or member state funds;</text> </level> <level label="3"> <text>Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or</text> </level> <level label="4"> <text>Protect public health and safety.</text> </level> </level> <level label="N"> <text>The Commission or an authorized committee of the Commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency, or grammatical errors. Public notice of any revisions shall be posted on the website of the Commission. The revision shall be subject to challenge by any person for a period of thirty (30) days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge shall be made in writing and delivered to the chair of the Commission prior to the end of the notice period. If no challenge is made, the revision will take effect without further action. If the revision is challenged, the revision may not take effect without the approval of the Commission.</text> <text>SECTION 12. OVERSIGHT, DISPUTE RESOLUTION, AND ENFORCEMENT.</text> </level> <level label="A"> <text>Oversight.</text> <level label="1"> <text>The executive, legislative, and judicial branches of state government in each member state shall enforce this Compact and take all actions necessary and appropriate to effectuate the Compact’s purposes and intent. The provisions of this Compact and the rules promulgated hereunder shall have standing as statutory law.</text> </level> <level label="2"> <text>All courts shall take judicial notice of the Compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of this Compact which may affect the powers, responsibilities, or actions of the Commission.</text> </level> <level label="3"> <text>The Commission shall be entitled to receive service of process in any such proceeding and shall have standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the Commission shall render a judgment or order void as to the Commission, this Compact, or promulgated rules.</text> </level> </level> <level label="B"> <text>Default, Technical Assistance, and Termination.</text> <level label="1"> <text>If the Commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this Compact or the promulgated rules, the Commission shall:</text> <text>a. Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default, or any other action to be taken by the Commission; and</text> <text>b. Provide remedial training and specific technical assistance regarding the default.</text> </level> </level> <level label="C"> <text>If a member state in default fails to cure the default, the defaulting member state may be terminated from the Compact upon an affirmative vote of a majority of the member states, and all rights, privileges, and benefits conferred by this Compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default.</text> </level> <level label="D"> <text>Termination of membership in the Compact shall be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate shall be given by the Commission to the governor, the majority and minority leaders of the defaulting state’s legislature, and each of the member states.</text> </level> <level label="E"> <text>A state that has been terminated is responsible for all assessments, obligations, and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination.</text> </level> <level label="F"> <text>The Commission shall not bear any costs related to a member state that is found to be in default or that has been terminated from the Compact, unless agreed upon in writing between the Commission and the defaulting member state.</text> </level> <level label="G"> <text>The defaulting member state may appeal the action of the Commission by petitioning the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices. The prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.</text> </level> <level label="H"> <text>Dispute Resolution.</text> <level label="1"> <text>Upon request by a member state, the Commission shall attempt to resolve disputes related to the Compact that arise among member states and between member and non–member states.</text> </level> <level label="2"> <text>The Commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate.</text> </level> </level> <level label="I"> <text>Enforcement.</text> <level label="1"> <text>The Commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this Compact.</text> </level> <level label="2"> <text>By majority vote, the Commission may initiate legal action in the United States District Court for the District of Columbia or the federal district where the Commission has its principal offices against a member state in default to enforce compliance with the provisions of the Compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. In the event judicial enforcement is necessary, the prevailing member shall be awarded all costs of such litigation, including reasonable attorney’s fees.</text> </level> <level label="3"> <text>The remedies herein shall not be the exclusive remedies of the Commission. The Commission may pursue any other remedies available under federal or state law.</text> <text>SECTION 13. DATE OF IMPLEMENTATION OF THE COUNSELING COMPACT COMMISSION AND ASSOCIATED RULES, WITHDRAWAL, AND AMENDMENT.</text> </level> </level> <level label="A"> <text>The Compact shall come into effect on the date on which the Compact statute is enacted into law in the tenth member state. The provisions, which become effective at that time, shall be limited to the powers granted to the Commission relating to assembly and the promulgation of rules. Thereafter, the Commission shall meet and exercise rulemaking powers necessary to the implementation and administration of the Compact.</text> </level> <level label="B"> <text>Any state that joins the Compact subsequent to the Commission’s initial adoption of the rules shall be subject to the rules as they exist on the date on which the Compact becomes law in that state. Any rule that has been previously adopted by the Commission shall have the full force and effect of law on the day the Compact becomes law in that state.</text> </level> <level label="C"> <text>Any member state may withdraw from this Compact by enacting a statute repealing the same.</text> <level label="1"> <text>A member state’s withdrawal shall not take effect until six (6) months after enactment of the repealing statute.</text> </level> <level label="2"> <text>Withdrawal shall not affect the continuing requirement of the withdrawing state’s professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this Compact prior to the effective date of withdrawal.</text> </level> </level> <level label="D"> <text>Nothing contained in this Compact shall be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a non–member state that does not conflict with the provisions of this Compact.</text> </level> <level label="E"> <text>This Compact may be amended by the member states. No amendment to this Compact shall become effective and binding upon any member state until it is enacted into the laws of all member states.</text> <text>SECTION 14. CONSTRUCTION AND SEVERABILITY.</text> <text>This Compact shall be liberally construed so as to effectuate the purposes thereof. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this Compact and the applicability thereof to any government, agency, person, or circumstance shall not be affected thereby. If this Compact shall be held contrary to the constitution of any member state, the Compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters.</text> <text>SECTION 15. BINDING EFFECT OF COMPACT AND OTHER LAWS.</text> </level> <level label="A"> <text>A licensee providing professional counseling services in a remote state under the privilege to practice shall adhere to the laws and regulations, including scope of practice, of the remote state.</text> </level> <level label="B"> <text>Nothing herein prevents the enforcement of any other law of a member state that is not inconsistent with the Compact.</text> </level> <level label="C"> <text>Any laws in a member state in conflict with the Compact are superseded to the extent of the conflict.</text> </level> <level label="D"> <text>Any lawful actions of the Commission, including all rules and bylaws properly promulgated by the Commission, are binding upon the member states.</text> </level> <level label="E"> <text>All permissible agreements between the Commission and the member states are binding in accordance with their terms.</text> </level> <level label="F"> <text>In the event any provision of the Compact exceeds the constitutional limits imposed on the legislature of any member state, the provision shall be ineffective to the extent of the conflict with the constitutional provision in question in that member state.</text> </level> </section> <section article="gho" article_name="Health Occupations" number="17-701" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="7"> <text>This title may be cited as the “Maryland Professional Counselors and Therapists Act”.</text> </section> <section article="gho" article_name="Health Occupations" number="17-702" title_number="17" title_name="Professional Counselors and Therapists" subtitle_number="7"> <text>Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules or regulations adopted under this title shall terminate and be of no effect after July 1, 2028.</text> </section>