In this subtitle the following words have the meanings indicated. “Advisory Committee” means the Advisory Committee on the Registration of Rehabilitation Practitioners. “Registration” means the authorization of a rehabilitation practitioner to provide vocational rehabilitation services. “Rehabilitation practitioner” means an individual who provides vocational rehabilitation services. “Rehabilitation practitioner” includes: a nurse certified by the State Board of Nursing as a nurse case manager; a rehabilitation counselor; and a vocational evaluator. “State Department of Education, Division of Rehabilitation Services” means the State agency designated to administer the public vocational rehabilitation services program. “Vocational rehabilitation services” has the meaning stated in § 9–670 of this title.

The purpose of this subtitle is to establish educational and experience requirements for individuals who provide vocational rehabilitation services in the workers’ compensation field and to establish a registration system to better regulate the activities of those individuals providing vocational rehabilitation services.

The State Department of Education, Division of Rehabilitation Services, shall be registered with the Commission to provide vocational rehabilitation services under this subtitle. Rehabilitation specialists employed by the State Department of Education, Division of Rehabilitation Services, are not required to register individually to provide vocational rehabilitation services to clients of the Division. Employers of rehabilitation practitioners are not required to register individually for their business to provide vocational rehabilitation services. Exemption of registration applies only to those employers who are not registered rehabilitation practitioners. Exempt employers may not individually provide vocational rehabilitation services.

This subtitle does not limit the right of any individual to engage in a health occupation that the individual otherwise is authorized to engage in under the Health Occupations Article. The Commission has the authority to adopt and enforce rules and regulations regarding the standards of practice of rehabilitation counselors and vocational evaluators. Violation of the rules and regulations adopted or enforced by the Commission or the State Board of Nursing in accordance with this title by a rehabilitation practitioner shall be grounds for denial of a registration to any applicant, or suspension or revocation of a registrant’s registration pursuant to §§ 9-6A-15 and 9-6A-16 of this subtitle.

There is an Advisory Committee on the Registration of Rehabilitation Practitioners within the Commission. The Advisory Committee consists of seven members appointed by the Commission in accordance with this section. The Advisory Committee shall be comprised of registered rehabilitation practitioners, who are registered with the Commission under this subtitle. The Commission shall appoint members of the Advisory Committee so that its membership reflects the geographic, racial, ethnic, and gender makeup of the population of the State. The term of an Advisory Committee member is 3 years. In making appointments to the Advisory Committee, the Commission shall provide for continuity and rotation through a staggering of terms. A majority of the fully authorized Advisory Committee is a quorum. The Advisory Committee shall meet at the request of the Commission. In addition to the duties set forth elsewhere in this title, the Advisory Committee shall: review applications for registration submitted to the Commission whenever further clarification regarding the applicant is requested by the Commission; and after review and evaluation, provide recommendations to the Commission chairman on the applicant.

A rehabilitation practitioner shall be registered with the Commission before the practitioner may receive payment under this title for providing vocational rehabilitation services. Any employer not registered by the Commission, but contracting on behalf of registered rehabilitation practitioners may receive payment for providing vocational rehabilitation services.

In addition to any powers set forth elsewhere, the Commission may adopt any regulation to carry out this subtitle. Subject to paragraph (2) of this subsection, the Commission shall establish reasonable fees for registration, registration renewal, and any other service performed by the Commission necessary to carry out the provisions of this subtitle. The fees established by the Commission shall be set in a manner that will produce funds sufficient to cover the actual direct and indirect costs of regulating the rehabilitation practitioner industry in this State in accordance with the provisions of this subtitle. The fee for registration may not exceed $165. The Commission shall pay all money collected under this subtitle into a special fund to be used only to fund the actual direct and indirect costs of regulating the rehabilitation practitioner industry in this State in accordance with the provisions of this subtitle. Any surplus remaining in the special fund at the end of the fiscal year shall be used to reduce the registration fee for the following fiscal year.

To qualify for registration, an applicant shall be an individual who meets the requirements of this section. The applicant shall: be at least 18 years old; and satisfy the education, experience, and supervision requirements of § 9-6A-09 of this subtitle.

This section does not apply to an individual authorized to provide rehabilitation counseling or vocational rehabilitation services in the State under §§ 10–14A–03 and 10–14B–03 of the State Government Article. To qualify for registration, a nurse case manager shall be certified as such by the State Board of Nursing. To qualify for registration, a rehabilitation counselor shall: have a bachelor’s degree from an accredited institution in rehabilitation counseling, human services, psychology, or a related field with at least 1 year of work experience in a human services occupation; have a master’s or doctoral degree in rehabilitation counseling, human services, psychology, education, or a related field; or be a certified rehabilitation counselor, certified vocational evaluator, certified disability management specialist, hold an equivalent national certification that is acceptable to the Commission, or have met all of the education and experience requirements to be eligible to be certified. To qualify for registration, a vocational evaluator shall: have a bachelor’s degree from an accredited institution in vocational evaluation, rehabilitation psychology, human services, education, or a related field with 1 year of work experience in that field; have a master’s or doctoral degree in rehabilitation, vocational evaluation, psychology, human services, education, or a related field; or be certified or have met all of the educational and experience requirements to be eligible to be certified in vocational evaluation by the Commission on certification of work adjustment and vocational evaluation specialists, or have met all of the education and experience requirements to be eligible for certification. In addition to the requirements of subsections (c) and (d) of this section: a rehabilitation counselor who has met the education requirements under subsection (c)(1) or (2) of this section to qualify for registration shall work under the administrative supervision of a certified rehabilitation counselor, certified vocational evaluator, certified disability management specialist, certified case manager, or certified rehabilitation registered nurse; and a vocational evaluator who has met the education requirements under subsection (d)(1) or (2) of this section shall work under the administrative supervision of a certified vocational evaluator, certified rehabilitation counselor, certified disability management specialist, certified case manager, or certified rehabilitation registered nurse.

An applicant for registration shall submit an application to the Commission on the form required by the Commission and pay the registration fee as established by the Commission.

Subject to the provisions of this section, the Commission may waive any requirements of this subtitle for a rehabilitation practitioner who applies for registration to provide vocational rehabilitation services. The Commission may grant a waiver under this section only if the applicant provides vocational rehabilitation services to less than three covered employees in a given year. Any other waiver that is granted shall be in accordance with regulations approved by the Commission.

The Commission shall register any applicant who meets the requirements of this subtitle.

A registration, while in effect, authorizes an individual, as a rehabilitation practitioner, to provide vocational rehabilitation services.

A registration expires on the date set by the Commission, unless the registration is renewed for an additional term as provided in this section. A registration may not be renewed for a term longer than 3 years. At least 1 month before a registration expires, the Commission shall send to the registrant, by first-class mail to the last known address of the registrant: a renewal application form; and a renewal notice that states: the date on which the current registration expires; the date by which the Commission must receive the renewal application in order that the renewed registration may be issued and mailed before the current registration expires; and the amount of the registration and renewal fee. Before a registration expires, the registrant may renew the registration for an additional 3-year term, if the registrant: is entitled under this subtitle to be registered; pays to the Commission the renewal fee set by the Commission; and provides satisfactory evidence of compliance with continuing education requirements and other qualifications and requirements specified under this subtitle for registration renewal. The Commission shall renew the registration of any registrant who meets the requirements of this section. Each registrant shall give the Commission written notice of any change of address.

The Commission may deny registration to any applicant, reprimand any registrant, or suspend or revoke any registration if the applicant or registrant: fraudulently or deceptively obtains or attempts to obtain a registration for the applicant or for another; fraudulently or deceptively uses a registration; or does not comply with the rules and regulations governing the standards of practice with regard to the delivery of vocational rehabilitation services. The Commission may review the status of any rehabilitation practitioner registered under this subtitle at any time.

Before the Commission takes any final action under § 9-6A-15 of this subtitle, the Commission shall give the individual against whom the action is contemplated an opportunity for a hearing before the Commission. The individual may be represented at the hearing by counsel. The Commission: shall give notice and hold a hearing in accordance with hearing regulations adopted by the Commission; may administer oaths in connection with any proceeding under this section; and may issue subpoenas in connection with any proceeding under this section. If an individual fails to comply with a subpoena issued under this section, on petition of the Commission, a court of competent jurisdiction may compel compliance with the subpoena. If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Commission may hear and determine the matter.

Any individual aggrieved by a decision of the Commission under this subtitle may appeal the decision as allowed under Subtitle 7 of this title.

Except as otherwise provided in this subtitle, an individual may not engage, attempt to engage, or offer to engage in the practice of providing vocational rehabilitation services in the State unless the individual is registered with the Commission.

Unless authorized under this subtitle to engage in the practice of providing vocational rehabilitation services, an individual may not: be reimbursed under this title for the provision of vocational rehabilitation services; or represent to the public by use of a title, including “registered rehabilitation consultant”, by description of services, methods, procedures, or otherwise, that the individual is authorized to engage in the practice of providing vocational rehabilitation services in the State.

This subtitle may be cited as the “Maryland Rehabilitation Practitioner Registration Act”.