# COMAR Title 10 — Maryland Department of Health

## Subtitle 01 — Procedures

### Chapter 18 — Sexual Abuse Awareness and Prevention Training

#### Regulation .04 Training Requirements.

*COMAR 10.01.18.04*

A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter:

  (1) State facilities;

  (2) Vocational and day service programs;

  (3) Psychiatric rehabilitation programs for adults and minors;

  (4) Residential rehabilitation programs; and

  (5) Supported employment programs.

B. A covered program shall include awareness and prevention training on inappropriate sexual behavior as part of the established orientation process for:

  (1) Staff members; and

  (2) Individuals receiving services from the covered program.

C. The inappropriate sexual behavior awareness and prevention training module:

  (1) May be provided by the covered program or its contractor; and

  (2) Shall be pre-approved by the Developmental Disabilities Administration or Behavioral Health Administration, as applicable.

D. Staff member training conducted in accordance with this regulation shall:

  (1) Include, but not be limited to:

    (a) An overview of inappropriate sexual behavior, including:

      (i) Types and definitions of inappropriate sexual behavior; and

      (ii) Trauma of inappropriate sexual behavior and its long-range effects;

    (b) Types and characteristics of inappropriate sexual behavior, including signs and symptoms of inappropriate sexual behavior;

    (c) Risk screening, protection plans, and prevention and detection measures for State facilities in accordance with Regulation .07 of this chapter;

    (d) Mandated reporting procedures, including the requirements of Regulations .05 and .06 of this chapter, regarding inappropriate sexual behavior; and

    (e) Confidentiality of information as it applies to inappropriate sexual behavior;

  (2) Be completed during new employee orientation;

  (3) Be updated on an annual basis; and

  (4) Be documented in the staff members’ personnel training files.

E. Training for Individuals.

  (1) Training conducted in accordance with this regulation for individuals receiving services shall:

    (a) Be offered in language and terms, and using methods, appropriate to the ability of the individual being served to understand;

    (b) Include an element of peer training, unless disapproved by an individual’s treatment team for reasons that are documented in the individual’s records;

    (c) Be tailored to the individual’s abilities;

    (d) Be provided to an individual served by a covered program in two stages, as follows:

      (i) Key facts regarding identifying inappropriate sexual behavior and how to report it shall be provided within 5 days after initiation of services to the individual; and

      (ii) Comprehensive training as set out in this regulation shall be provided to the individual as soon as practical but no later than 6 months after initiation of services to the individual;

    (e) Be updated on an annual basis; and

    (f) Be documented in the individual’s plan of care.

  (2) Training conducted in accordance with this regulation for individuals receiving services shall include, but not be limited to:

    (a) The individuals’ rights and responsibilities with regard to inappropriate sexual behavior, including the right to be free from retaliation and further harm for reporting inappropriate sexual behavior;

    (b) Identifying and reporting inappropriate sexual behavior;

    (c) Crisis intervention, as appropriate; and

    (d) Referral resources and methods.