# COMAR Title 10 — Maryland Department of Health ## Subtitle 42 — Board of Social Work Examiners ### Chapter 01 — Regulations Governing Licensure **Authority:** Health Occupations Article, §§19-101—19-502, Annotated Code of Maryland **Administrative History:** Effective date: November 10, 1976 (3:23 Md. R. 1302) **Administrative History:** Regulations .07, .13, and .16 amended effective May 23, 1983 (10:10 Md. R. 873) **Administrative History:** Chapter revised effective April 30, 1990 (17:8 Md. R. 976) **Administrative History:** Regulations .02—.04 and .16 amended, and new Regulation .04-1 adopted as an emergency provision effective September 15, 1993 (20:20 Md. R. 1565); adopted permanently effective December 1, 1993 (20:22 Md. R. 1707) **Administrative History:** Regulations .01—.22 repealed and new Regulations .01—.19 adopted effective April 12, 2004 (31:7 Md. R. 585) **Administrative History:** Regulation .02B amended effective April 4, 2011 (38:7 Md. R. 432); April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .04B, c amended effective April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .05 amended effective April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .06A amended effective April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .08 amended effective February 8, 2010 (37:3 Md. R. 176) **Administrative History:** Regulation .12 repealed and new Regulation .12 adopted effective April 4, 2011 (38:7 Md. R. 432) **Administrative History:** Regulation .12 amended effective April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .14B, D amended effective April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .15 amended effective April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .16 amended effective February 8, 2010 (37:3 Md. R. 176); April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .17 amended effective February 8, 2010 (37:3 Md. R. 176); April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .18 amended effective February 8, 2010 (37:3 Md. R. 176); April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .19 amended effective April 14, 2014 (41:7 Md. R. 422) **Administrative History:** Regulation .19A amended effective February 8, 2010 (37:3 Md. R. 176) **Administrative History:** Chapter revised effective June 17, 2019 (46:12 Md. R. 544) **Administrative History:** Regulation .02B amended effective June 9, 2025 (52:11 Md. R. 533) **Administrative History:** Regulation .04F, G amended effective June 9, 2025 (52:11 Md. R. 533) **Administrative History:** Regulation .11D, E amended effective June 9, 2025 (52:11 Md. R. 533) #### Regulation .01 Scope and Purpose. *COMAR 10.42.01.01* A. This chapter applies to individuals practicing social work in the State. B. The purpose of this chapter is to protect the public by: (1) Providing minimum criteria for licensure under the law for those who seek to practice social work; and (2) Promoting and maintaining high standards of professional activity in social work. #### Regulation .02 Definitions. *COMAR 10.42.01.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Accredited” means receiving: (a) Accreditation from the Council on Social Work Education; (b) Approval of a program for an individual applicant by the Council on Social Work Education's Foreign Equivalency Determination Service that the program is equivalent to a program accredited by the Council on Social Work Education; or (c) Approval of a program in candidacy for accreditation by the Council of Social Work Education. (2) “Board” means the State Board of Social Work Examiners. (3) “Board-approved supervisor” means a licensed bachelor social worker (LBSW), licensed certified social worker (LCSW), licensed certified social worker-clinical (LCSW-C) or licensed master social worker (LMSW) approved by the Board to supervise social workers as set forth in COMAR 10.42.08. (4) “Central repository” means the criminal justice information system central repository of the Maryland Department of Public Safety and Correctional Services. (5) “Clinical course work” means clinical social work courses offered by an accredited or provisionally accredited program. (6) Clinical Social Work. (a) “Clinical social work” means the professional application of social work knowledge, skills, values, theories, and methods for the treatment and prevention of psychosocial dysfunction, disability, or impairment, including emotional, mental disorders, and substance use disorders with individuals, groups and families. (b) “Clinical social work” includes formulating a diagnostic impression or a diagnosis based on standard diagnostic criteria. (7) “Clinical social work experience” means: (a) Completing assessments; (b) Formulating diagnostic impressions or a diagnosis; (c) Treating mental disorders and other conditions; (d) Treating behavioral health disorders, including but not limited to substance use disorders, addictive disorders and other conditions; and (e) Providing psychotherapy. (8) “Criminal history records check” means the performance of both State criminal history check by the central repository and national criminal history check by the Federal Bureau of Investigation. (9) “Criminal history records information” means information obtained: (a) From the criminal history records check regarding an applicant’s criminal arrests, charges, convictions, and the disposition of pending criminal charges; and (b) Through the Rap Back service which allows the Board to receive notification of charges thus eliminating the need for repeated background checks on a licensee. (10) “Documentation of clinical course work” means providing transcripts indicating the completion of clinical course work from a college or university whose bachelor’s or master’s program is accredited, in candidacy, or deemed equivalent by the Council on Social Work Education. (11) “Licensed” means that the individual possesses a license to practice social work issued by the Board. (12) “Licensed in any other state” means to be licensed, registered, or certified by a government authority charged with licensing, registering, or certifying social workers. (13) “Licensee” means an individual licensed by the Board. (14) “Licensee in another state” means an applicant that is licensed, registered, or certified by a government authority charged with licensing, registering, or certifying social workers. (15) “Licensure by endorsement” means that an individual holds or held a license, registration, or certification to practice social work in another state after passing, in that state, a social work licensing examination and after meeting the licensing requirements for social work practice in that state. (16) Practice Social Work. (a) “Practice social work” has the meaning stated in Health Occupations Article, §19-101(m), Annotated Code of Maryland; (b) “Practice social work” includes supervising a candidate for advanced licensure and a licensee in the practice of social work, when appropriate. (17) “Rap Back service” means a service which allows the Board to receive notifications from the Federal Bureau of Investigation on applicants and licensees who may have future criminal charges thus eliminating the need for repeated background checks on the same applicant or licensee. (18) “Reactivation” means the process of obtaining a license less than 5 years after the Board placed the license on inactive status. (19) “Reinstatement” means the process of obtaining a license less than 5 years after the Board placed the license on a non-renewed status. (20) “Reissuance” means the process of obtaining a license more than 5 years after the Board placed the license on inactive or non-renewed status. (21) “Social Work” means the professional activity of helping individuals, families, groups, organizations, or communities to enhance or restore their capacity for social and psychosocial functioning. (22) “Social worker” means an individual: (a) Licensed under Health Occupations Article, Title 19, Annotated Code of Maryland, and who represents to the public by a title or description which incorporates the words “social worker”, “social work”, or a similar designation; and (b) Who, under the title or description, offers to render, attempts to render, or renders services involving the application of principles, methods, and procedures of the profession of social work to individuals or groups. (23) “Supervision” means a formalized professional relationship between a supervisor and supervisee in which the supervisor directs, monitors, and evaluates the supervisee's social work practice while promoting development of the supervisee's knowledge, skills, and abilities to provide social work services in an ethical and competent manner. #### Regulation .03 Use of Title. *COMAR 10.42.01.03* A. An individual shall be licensed by the Board in accordance with Health Occupations Article, Title 19, Annotated Code of Maryland, and this chapter, before that individual may be identified as a social worker and practice social work. B. The title “social worker” shall be used only by a licensed social worker. C. Except as otherwise provided in this chapter or provided in Health Occupations Article, §19-301(b), Annotated Code of Maryland, an individual licensed as a social worker in another state may not practice social work in this State unless licensed by the Board. #### Regulation .04 Licensure. *COMAR 10.42.01.04* A. To obtain an initial license or a license for renewal, reactivation, reinstatement, or reissuance, an applicant shall complete a criminal history records check through the central repository. In accordance with Criminal Procedure Article, §§10-201—10-228, Annotated Code of Maryland, the central repository shall provide criminal history records information to the Board. B. The Board shall review the criminal history records information provided for any positive results from the criminal history records check. C. An applicant is not required to complete a criminal history records check provided the applicant completes a criminal history records check under the Rap Back service, which will automatically alert the Board of any future criminal charges. D. Bachelor Social Worker. (1) The Board shall issue a bachelor social worker’s license to an applicant who has met the qualifications in Health Occupations Article, §19-302(a) and (b), Annotated Code of Maryland. (2) If a bachelor social worker applies for licensure in a different category, the application shall be treated as an initial application subject to the appropriate fees. E. Master Social Worker. (1) The Board shall issue a master social worker license to an applicant who has met the applicable qualifications in Health Occupations Article, §19-302(a) and (c), Annotated Code of Maryland. (2) If a master social worker applies for licensure in a different category, the application shall be treated as an initial application subject to the fees set forth in COMAR 10.42.05. F. Certified Social Worker-Clinical. (1) The Board shall issue a certified social worker-clinical license to an applicant who has met the requirements in Health Occupations Article, §19-302(a) and (e), Annotated Code of Maryland, with documentation of clinical course work. (2) An applicant for a certified social worker-clinical license shall have completed 12 academic credits of clinical course work from an accredited program with a minimum of six of the 12 academic credits obtained in a Master's of Social Work program. (3) The applicant for a certified social worker-clinical license shall have 2 years of supervised clinical social work experience as a licensed master social worker with supervised clinical social work experience of at least 3,000 hours while licensed as a master social worker which is: (a) In compliance with COMAR 10.42.08; (b) Performed in not less than 2 years and not more than 6 consecutive years; and (c) Obtained by the candidate while performing social work activities professionally and for compensation. (4) A candidate shall have obtained a master social worker license before applying for a certified social worker-clinical license. (5) A candidate shall have obtained a master social worker license before beginning to obtain the 3,000 hours of supervised social work experience. (6) A licensed master social worker shall formulate a diagnostic impression while under the supervision of a licensed certified social worker — clinical while obtaining the requisite 3,000 hours of supervised clinical social work experience. (7) Clinical social work experience for the purpose of obtaining a certified social worker-clinical license shall be in direct service to clients and may not consist solely of: (a) Telephonic clinical assessment; (b) Triage; (c) Continued stay reviews; and (d) Discharge planning. (8) The supervisor and supervisee shall conform to the requirements in COMAR 10.42.08. (9) Half of the supervised clinical social work experience required to obtain a certified social worker-clinical license shall consist of face-to-face client contact. #### Regulation .05 Required Hours of Supervised Social Work Experience. *COMAR 10.42.01.05* A. A candidate with experience obtained in Maryland shall have obtained a licensed master social worker license before beginning to obtain the requisite 3,000 hours of supervised social work experience. B. A candidate with 3,000 hours of supervised social work experience from another state or jurisdiction of the United States or another country shall provide documentation that the candidate met the licensing, certification, or registration requirements in that state or jurisdiction or country while acquiring the requisite supervised social work experience. #### Regulation .06 Examinations. *COMAR 10.42.01.06* A. The general requirements for examination are: (1) Completion of the application form; (2) Payment of the application fee; (3) Either: (a) A receipt of an official transcript indicating completion of an accredited program from the university or school awarding the applicable social work degree attained; or (b) For applicants who are expected to receive the applicable social work degree at the end of the semester, indication on the Board’s form of the: (i) Degree that the applicant is expected to receive; and (ii) Date that the applicant is expected to receive the degree; and (4) For candidates for examination for certified social worker—clinical or certified social worker licenses, documentation of social work experience and social work supervision. B. Applicants may request special accommodations if disabled or if English is the applicant's second language. #### Regulation .07 Approval Notification. *COMAR 10.42.01.07* A. An application packet for licensure is complete when the application packet is: (1) Submitted to the Board signed and dated; and (2) Accompanied by the required non-refundable application fee. B. The application packet shall include: (1) The completed application form answering all questions on the application; (2) Official transcripts containing the date the degree was conferred by a program approved or deemed equivalent by the Council of Social Work Education; (3) A passing score from the required examination administered by the Association of Social Work Boards; and (4) Criminal history records check reports. C. LCSW and LCSW-C applications shall include: (1) The contractual agreement form for supervision which has been signed and dated by the supervisor, supervisee and agency administrator before supervision was initiated; (2) Documentation of supervised social work experience; and (3) The information and documentation required in §B of this regulation. D. The Board shall notify an applicant whether the applicant has been approved to take the pertinent licensure examination within 60 days of receiving the application. E. Approval shall be valid for 2 years from the date of approval. F. After 2 years, the applicant shall: (1) Reapply to take the appropriate licensure examination; (2) Submit all of the required documentation; and (3) Meet the current licensure requirements under this chapter. G. An applicant shall submit any additional required documentation needed to complete the application within 1 year of the Board’s receipt of the application. #### Regulation .08 Examinations — Use of National Examination Boards Permitted. *COMAR 10.42.01.08* The Board may use a national examination board such as the Association of Social Work Boards as the Board's agent in examining applicants. #### Regulation .09 Passing Score for Examination. *COMAR 10.42.01.09* The passing grade for an examination is a scaled score of 75. #### Regulation .10 Reexamination. *COMAR 10.42.01.10* A. An applicant who fails the examination: (1) May retake the examination four times within the 12-month period after a failed examination; and (2) May not retake the examination within 3 months of failing the examination. B. An applicant may request and be granted or denied a waiver of the 3-month waiting period after failure of an examination upon proof of exceptional circumstances. #### Regulation .11 Licensure by Endorsement. *COMAR 10.42.01.11* A. An applicant who holds or held a license or registration to practice social work in another state is eligible to be licensed in Maryland at the same level of licensure as the license the applicant holds or held in the other state. B. Bachelor Social Worker. (1) The Board shall issue a bachelor social worker’s license to an applicant who has met the qualifications in Health Occupations Article, §19-302(a) and (b), Annotated Code of Maryland. (2) If a bachelor social worker applies for licensure at a different level, the application shall be treated as an initial application subject to the fees set forth in COMAR 10.42.05. C. Master Social Worker. (1) The Board shall issue a master social worker license to an applicant who has met the applicable qualifications in Health Occupations Article, §19-302(a) and (c), Annotated Code of Maryland. (2) If a master social worker applies for licensure at a different level, the application shall be treated as an initial application subject to the fees set forth in COMAR 10.42.05. D. Certified Social Worker—Clinical. (1) The Board shall issue a certified social worker—clinical license to an out-of-State applicant who: (a) Has more than 5 years of clinical social work practice; (b) Holds an active clinical license comparable to the certified social worker—clinical licensure level; and (c) Who has met the qualifications under Health Occupations Article, §19-302.1, Annotated Code of Maryland. (2) The Board shall issue a certified social worker—clinical license to an out-of-State applicant who: (a) Has less than 5 years of social work practice; (b) Holds or held an active license comparable to the certified social worker—clinical licensure level; and (c) Has met the requirements in Health Occupations Article, §19-302(a) and (e), Annotated Code of Maryland, with documentation of clinical course work. (3) An applicant for a certified social worker—clinical license with less than 5 years of clinical social work experience shall have completed 12 academic credits of clinical course work from an accredited program with a minimum of six of the 12 academic credits obtained in a Master’s of Social Work program. (4) The applicant for a certified social worker—clinical license shall have 2 years of at least 3,000 hours of supervised clinical social work experience, which shall be: (a) Obtained after receiving a master’s degree in social work and as a licensed master social worker, if a licensed master social worker license was required in the jurisdiction where the supervised experience was obtained; (b) Performed in not less than 2 years and not more than 6 consecutive years; and (c) Obtained by the candidate while performing social work activities professionally and for compensation. (5) A candidate shall have obtained a master social worker license before applying for a certified social worker—clinical license. (6) A candidate shall have obtained a master social worker license in the jurisdiction where the experience was obtained if required in that jurisdiction, before beginning to obtain the 3,000 hours of supervised social work experience. (7) A licensed graduate social worker may render a diagnosis in the jurisdiction where the experience was obtained if in compliance with the laws in that jurisdiction, while obtaining the requisite 3,000 hours of supervised clinical social work experience. (8) Clinical social work experience for the purpose of obtaining a certified social worker—clinical license shall be in direct service to clients and may not consist solely of: (a) Telephonic clinical assessment; (b) Triage; (c) Continued stay reviews; and (d) Discharge planning. (9) The supervisor shall be a license social worker with a license comparable to the licensed certified social worker—clinical in Maryland. (10) Half of the supervised clinical social work experience required to obtain a certified social worker—clinical license shall consist of face-to-face client contact. #### Regulation .12 License Without Examination. *COMAR 10.42.01.12* An individual who obtained licensure without examination under Ch. 853, Acts of 1975, Ch. 787, Acts of 1978, Ch. 189, Acts of 1983, or Ch. 393, Acts of 1984, is eligible to retain licensure at the level for which that individual was originally licensed if the license is renewed under the provisions of Regulation .15 of this chapter. #### Regulation .13 To Practice Social Work While a License Application is Pending. *COMAR 10.42.01.13* A. An applicant may practice social work in Maryland without a license issued by the Board if the applicant has met the requirements established by this regulation and: (1) Is: (a) Licensed in any other state to practice social work; (b) Qualified to practice social work by another country; or (c) Qualified to practice social work by a federal entity of the United States; (2) Has submitted a complete written application for a State social worker's license in the form prescribed by the Board and the application for a license is pending with the Board; (3) Has received verification from the Board that a complete written application for a State social worker's license has been received by the Board; (4) Is 18 years old or older at the time the application is submitted to the Board; (5) Is of good moral character; (6) Has passed, or expects to pass within 5 months of applying for licensure, an Association of Social Work Boards examination in compliance with Regulation .12 of this chapter; and (7) Has paid applicable fees. B. To practice as a bachelor social worker under this regulation, the applicant shall: (1) Meet the requirements of §A of this regulation; and (2) Possess a baccalaureate degree in social work from a program accredited by the Council on Social Work Education. C. To practice as a master social worker under this regulation, the applicant shall: (1) Meet the requirements of §A of this regulation; and (2) Possess a master's degree in social work from a program accredited by the Council on Social Work Education. D. To practice as a certified social worker under this regulation, the applicant shall: (1) Meet the requirements of §A of this regulation; (2) Possess a master's degree in social work from a program accredited by the Council on Social Work Education; (3) Provide documentation in a form prescribed by the Board: (a) Of having completed 2 years of supervised experience of at least 3,000 hours after receiving the master's degree, with a minimum of 100 hours of periodic face-to-face supervision in the practice of social work: (i) As a licensee in another state; (ii) As a social worker who is in compliance with the laws of another country; or (iii) As a social worker who is in compliance with a federal entity of the United States; (b) Indicating that the supervision complied with the supervision requirements of: (i) Another state; (ii) Another country; or (iii) A federal entity of the United States; and (c) Indicating that the supervisor possessed a master's degree in social work from a program accredited by the Council on Social Work Education while supervising the applicant. E. To practice as a certified social worker—clinical under this regulation, the applicant shall: (1) Meet the requirements of §A of this regulation and Regulation .05D(2), (7), and (9) of this chapter; (2) Possess a master's degree in social work from a program accredited by the Council on Social Work Education; (3) Document the completion of clinical course work from a program accredited by the Council on Social Work Education; (4) Provide documentation in a form prescribed by the Board: (a) Of having completed 2 years of supervised experience of at least 3,000 hours after receiving the master's degree, with a minimum of 144 hours of periodic face-to-face supervision in the assessment, formulation of a diagnostic impression, and treatment of mental disorders and other conditions in: (i) Another state; (ii) Another country; or (iii) A federal entity of the United States; (b) Indicating that the supervision complied with the supervision requirements of: (i) The other state; (ii) The other country; or (iii) A federal entity of the United States; and (c) Indicating that the supervisor possessed a master's degree in social work from a program accredited by the Council on Social Work Education while supervising the applicant. F. An applicant may not: (1) Practice social work under this regulation for more than 6 months; or (2) Represent to the public by title or representation that the applicant is a social worker who is licensed in Maryland to practice social work. #### Regulation .14 Licenses. *COMAR 10.42.01.14* A. In addition to the requirements of Health Occupations Article, §19-306, Annotated Code of Maryland, the licensee shall be assigned a permanent license number that shall be in the official files of the Board. B. At the time of initial license, the Board shall issue a wall certificate which is not to be considered a license to practice social work in Maryland. C. The Board shall maintain an electronic record on its website of all licensees and the electronic record is to be considered the official license to practice social work in Maryland. #### Regulation .15 Renewal of License. *COMAR 10.42.01.15* A. Licenses shall be renewed by October 31, every 2 years. B. For renewal purposes, a new license issued during a given year shall be treated as if it had been issued on November 1 of that same year. C. Notification of renewal shall be sent to each licensee at the last known electronic or physical address on file with the Board at least 1 month before the expiration of the license. D. Before expiration of the license, the licensee shall submit to the Board the: (1) Application for renewal; (2) Continuing education report form; and (3) License fee, as set forth in COMAR 10.42.05. E. If a licensee does not file the application by the date specified in §D of this regulation, the licensee's right to practice shall terminate automatically on the expiration of the license. F. The Board may not renew a bachelor or master social worker license to a licensee who holds a baccalaureate or master’s degree from a provisionally accredited program that was denied full accreditation. G. If a licensee fails to renew a license, the license and the licensee's right to practice: (1) Shall terminate; and (2) May not be reinstated except by application for a reinstatement provided in Regulation .17 of this chapter. H. Change of Address. (1) A licensee shall notify the Board within 60 days of a change in the licensee's address or before July 1 of the licensee's renewal year, whichever occurs first, to ensure that the notice of renewal and renewed license are properly addressed. (2) The written notification shall include: (a) A statement that the licensee has changed addresses; (b) The licensee's new address; and (c) The licensee's signature. I. Change of Name. (1) A licensee shall notify the Board of a change in name within 60 days or before July 1 of the licensee’s renewal year, whichever occurs first, to insure that the renewed license documents the licensee’s legal name. (2) The notification shall include: (a) Legal documentation of the change in name; (b) A statement of how the legal name should appear in the Board’s record including last name, first name, and middle name; and (c) The licensee’s signature. J. If a licensee fails to receive a renewal notice, it is the responsibility of the licensee to contact the Board before October 31 of the year the license expires. #### Regulation .16 Reinstatement After Failure to Renew. *COMAR 10.42.01.16* A. The Board shall reinstate the license of an individual who has failed to renew a license which expired for any reason if the individual: (1) Otherwise is entitled to be licensed; (2) Complies with the continuing education requirements established by the Board for this purpose; (3) Submits the application for reinstatement; (4) Submits the continuing education report form with copies of the required continued education documentation as set forth in COMAR 10.42.06; (5) Pays to the Board a reinstatement processing fee in COMAR 10.42.05; and (6) Applies to the Board within 5 years of the date the license expired. B. Failure to Reinstate Within 5 Years. (1) The Board may not reinstate the license of a social worker who fails to apply for reinstatement within 5 years after the license expired. (2) The Board may issue a license after 5 years if the individual: (a) Is otherwise entitled to be licensed; (b) Submits the required application; (c) Pays all applicable fees set forth in COMAR 10.42.05; (d) Submits an official transcript indicating the date the degree was awarded or conferred; (e) Submits three general professional references; and (f) Passes the respective examination required for initial licensure. #### Regulation .17 Inactive Status. *COMAR 10.42.01.17* A. A licensee who wishes to place a license on inactive status may do so by: (1) Submission of a written application which contains the: (a) Date the license is to be placed on inactive status; (b) License number; and (c) Signature of the licensee requesting the inactive status of the license; and (2) Payment of the appropriate fee for the status set forth in COMAR 10.42.05. B. A license may be placed on inactive status for a maximum of 5 years from the expiration date of the license. C. The Board shall reactivate a license of an individual who placed the license on inactive status for any reason if the individual: (1) Otherwise is entitled to be licensed; (2) Complies with the continuing education requirements established in COMAR 10.42.06; (3) Submits an application for reactivation; (4) Submits a continuing education report form with copies of the required documentation established in COMAR 10.42.06; (5) Pays to the Board a reactivation fee set forth in COMAR 10.42.05; and (6) Applies to the Board within 5 years of the date the license expired. D. Failure to Reactivate Within 5 years. (1) The Board may not reactivate the license of a social worker who fails to apply for reactivation within 5 years after the license expired. (2) The Board may issue a license after 5 years if the individual: (a) Is otherwise entitled to be licensed; (b) Submits the required application; (c) Pays all applicable fees set forth in COMAR 10.42.05; (d) Submits an official transcript indicating the date the degree was awarded or conferred; (e) Submits three general professional references; and (f) Passes the respective examination required for initial licensure. E. A licensee may place a license on inactive status for a maximum of 5 years per application for inactive status. F. Each period of inactive status may not exceed 5 years. #### Regulation .18 Replacement of Wall Certificates. *COMAR 10.42.01.18* A. The Board shall issue a replacement wall certificate upon written request by a licensee. B. If an original wall certificate is replaced, the licensee shall retain the original license number issued. ### Chapter 02 — Social Work Practice **Authority:** Health Occupations Article, §19-205, Annotated Code of Maryland **Administrative History:** Effective date: July 24, 2000 (27:14 Md. R. 1342) **Administrative History:** Chapter revised effective June 17, 2019 (46:12 Md. R. 544) #### Regulation .01 Scope. *COMAR 10.42.02.01* This chapter applies to individuals authorized to practice social work under Health Occupations Article, Title 19, Subtitle 3, Annotated Code of Maryland. #### Regulation .02 Definitions. *COMAR 10.42.02.02* A. In this chapter, the following terms have the meaning indicated. B. Terms Defined. (1) “Advocacy” means the service in which the social worker acts on behalf of clients to bring about or influence change to improve the quality of life and functioning and assure the basic rights of the client. (2) “Assessment” means obtaining and analyzing information about a client and the client’s circumstance while using appropriate social work knowledge, skills, values, and theory to develop a service, intervention, or treatment plan. (3) "Board” means the State Board of Social Work Examiners. (4) “Case management” means a method of providing services by which a social worker assesses the needs of a client and arranges, coordinates, monitors, evaluates, and advocates for services to meet the needs of the client. (5) “Client” means individuals, groups, families, communities, and organizations. (6) Clinical Social Work. (a) “Clinical social work” means the professional application of social work knowledge, skills, values, theories, and methods for the treatment and prevention of psychosocial dysfunction, disability, or impairment, including emotional disorders, mental disorders, and substance use disorders with individuals, groups, and families. (b) “Clinical social work” includes formulating a diagnostic impression and diagnosis based on standard diagnostic criteria. (7) “Counseling” means a method used by social workers to assist clients in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns. (8) “Independent practice” means the practice of licensed social work without the requirement of social work supervision. (9) “Informed consent” means a client’s decision to agree to a proposed course of transactions between the client and the licensee after the client has received reasonably full and accurate information pertaining to the risks, benefits, and possible consequences of the transaction. (10) “Licensed” means that the individual possesses a license to practice social work issued by the Board. (11) “Licensee” means an individual licensed by the Board. (12) Practice Social Work. (a) “Practice social work” has the meaning stated in Health Occupations Article, §19-101(p), Annotated Code of Maryland. (b) “Practice social work” includes supervising a candidate for advanced licensure, for independent practice, or a licensee in the practice of social work. (13) Private Practice. (a) “Private practice” means the provision of psychotherapy by a licensed certified social worker-clinical (LCSW-C) who assumes responsibility and accountability for the nature and quality of services provided to a client in exchange for direct payment or third-party reimbursement or on a pro-bono basis as stated in Health Occupations Article, §19-101(q), Annotated Code of Maryland. (b) “Private practice” includes the terms solo practice, solo private practice, or group practice. (14) “Pro-bono” means the provision of psychotherapy or social work services for no or low payment based on need. (15) “Psychotherapy” means formulating a diagnostic impression and an assessment for the treatment of mental and behavioral disturbances while utilizing a specialized formal interaction between the client and the social worker in which a therapeutic relationship is established and maintained. (16) “Scope of practice” means procedures, actions, and processes that a licensed social worker is permitted to undertake in accordance with the terms of the license held. (17) “Social work” means the professional activity of helping individuals, families, groups, couples, organizations, or communities to enhance or restore their capacity for social and psychosocial functioning. (18) “Social worker” means an individual who: (a) Is licensed under the Health Occupations Article, Title 19, Annotated Code of Maryland; (b) Represents to the public by title or description which incorporates the words “social worker”, “social work”, or a similar designation; and (c) Offers, attempts, or renders services involving the application of principles, methods, and procedures of the social work profession to clients. (19) “Supervision” means a formalized professional relationship between a supervisor and supervisee in which the supervisor directs, monitors, and evaluates the supervisee’s social work practice while promoting the development of the supervisee’s knowledge, skills, and abilities to provide social work services in an ethical and competent manner. (20) Technology Used. (a) “Technology used" means the use of interactive audio, video, or other telecommunications or electronic media by a social worker to deliver social work services. (b) “Technology used” includes, but is not limited to services that are provided to a client who is not physically present with the social worker. (c) “Technology used” does not include: (i) Audio phonic or telephonic communications between an LCSW-C and a client; (ii) Electronic communications between an LCSW-C and a client; (iii) Facsimile transmission between an LCSW-C and a client; or (iv) A text message or other type of message sent between an LCSW-C and a client by a short message service or multimedia service. #### Regulation .03 Scope of Practice. *COMAR 10.42.02.03* A. Licensed Bachelor Social Worker (LBSW). (1) An LBSW shall practice social work under a social work supervisor and may include practice social work as stated in Health Occupations Article, §§19-101(m) and 19-307(c)(1), Annotated Code of Maryland. (2) An LBSW’s practice includes the basic, generalist practice of social work which includes: (a) Assessment; (b) Planning; (c) Intervention; (d) Evaluation; (e) Case management; (f) Information and referral; (g) Counseling; (h) Supervision; (i) Consultation; (j) Education; (k) Advocacy; (l) Community organization; and (m) The development, implementation and administration of policies, programs, and activities. (3) An LBSW’s practice may not include: (a) Making a clinical diagnosis of a mental or emotional disorder; (b) Providing psychotherapy; or (c) Engaging in private practice. (4) An LBSW may not engage in the practice of social work independent of social work supervision unless approved by the Board for independent practice. B. Licensed Master Social Worker (LMSW). (1) An LMSW shall practice social work under a social work supervisor and may practice social work as stated in Health Occupations Article, §§19-101(p) and 19-307(c)(2), Annotated Code of Maryland. (2) An LMSW’s practice is characterized by the application of specialized knowledge and advanced practice skills in the areas of: (a) Assessment; (b) Planning; (c) Intervention; (d) Evaluation; (e) Case management; (f) Information and referral; (g) Counseling; (h) Supervision; (i) Consultation; (j) Education; (k) Advocacy; (l) Community organization; and (m) The development, implementation, and administration of policies, programs, and activities. (3) An LMSW’s practice may not include the treatment of emotional disorders, psychotherapy, or diagnosis of a mental disorder without the supervision of an LCSW-C. (4) An LMSW may not engage in the practice of social work independent of social work supervision unless approved by the Board for independent practice. (5) On or before December 31, 2019, an LMSW may not engage in private practice without the supervision of an LCSW-C. (6) On or after January 1, 2020, an LMSW may not engage in private practice as defined in Regulation .02B(14) of this chapter. (7) On or after January 1, 2020, an LMSW may be employed in a private practice working under the supervision of an LCSW-C. C. Licensed Certified Social Worker (LCSW). (1) An LCSW may: (a) Practice social work as stated in Health Occupations Article, §§19-101(m) and 19-307(c)(3), Annotated Code of Maryland; (b) Provide supervision of other social workers in accordance with COMAR 10.42.08; and (c) Practice social work independent of supervision when the practice does not include diagnosis, treating mental disorders or providing psychotherapy. (2) An LCSW’s practice may not include the treatment of emotional disorders, psychotherapy, or diagnosis for a mental disorder without the supervision of an LCSW-C. (3) On or after January 1, 2020, an LCSW may not engage in private practice as defined in Regulation .02B(14) of this chapter. (4) On or after January 1, 2020, an LCSW may be employed in a private practice working under the supervision of an LCSW-C. D. Licensed Certified Social Worker-Clinical (LCSW-C). An LCSW-C may: (1) Practice social work as stated in Health Occupations Article, §19-101(m), Annotated Code of Maryland; (2) Provide supervision of other social workers as set forth in COMAR 10.42.05; (3) Evaluate, diagnose and treat biopsychosocial conditions, mental and emotional conditions and impairments, and mental disorders as defined in Health-General Article, §10-101(f), Annotated Code of Maryland; (4) Petition for emergency evaluation under Health-General Article, Title 10, Subtitle 6, Annotated Code of Maryland; (5) Provide person-to person psychotherapy; (6) Have a private practice; and (7) Practice clinical social work as stated in Health Occupations Article §19-401(b), Annotated Code of Maryland. #### Regulation .04 Case Management. *COMAR 10.42.02.04* A. A licensed social worker shall meet the standards outlined in this regulation when involved in case management, whether or not the licensee shares case management responsibilities with others as a member of a multidisciplinary team. B. A licensee shall: (1) Affirm the worth and dignity of the individual client as well as mutual responsibility in decision making; (2) Promote client self-determination by assuring client involvement in planning and implementation of services; (3) Keep the interest of the client as the focus of all case management activities; and (4) Assure appropriate confidentiality of client information. #### Regulation .05 Independent Practice. *COMAR 10.42.02.05* A. An LCSW-C may engage in the independent practice of social work. B. An LCSW may engage in the independent practice of social work, except when formulating a diagnostic impression, a diagnosis, or providing psychotherapy. C. An LBSW or LMSW may not engage in the independent practice of social work until the licensee is approved by the Board for independent status in accordance with this regulation. D. An LBSW or LMSW shall practice in accordance with the restrictions set forth in Health Occupations Article, §19-307, Annotated Code of Maryland. E. An LBSW or LMSW licensed on or before January 1, 2008 shall: (1) Have actively practiced bachelor or master social work under social work supervision; (2) Have completed at least 10 years of social work experience under social work supervision; (3) Submit an application in the form prescribed by the Board as set forth in Health Occupations Article, §19-302, Annotated Code of Maryland; and (4) Provide documentation in the form prescribed by the Board as set forth in Health Occupations Article, §19-302, Annotated Code of Maryland. F. An LBSW or LMSW licensed on or after January 1, 2008 shall: (1) Have actively practiced bachelor or master social work under social work supervision; (2) Have completed at least 3 years as an active licensee with at least 4,500 hours and a minimum of 150 hours of periodic face-to-face supervision; (3) Submit an application in the form prescribed by the Board as set forth in Health Occupations Article, §19-302, Annotated Code of Maryland; and (4) Provide documentation in the form prescribed by the Board as set forth in Health Occupations Article, §19-302, Annotated Code of Maryland. G. An LBSW or LMSW licensed on or after January 1, 2021 shall: (1) Have actively practiced bachelor or master social work under the supervision of Board approved social work supervision; (2) Have completed at least 3 years as an active licensee with at least 4,500 hours and a minimum of 150 hours of periodic face-to-face supervision; (3) Submit an application in the form prescribed by the Board as set forth in Health Occupations Article, §19-302, Annotated Code of Maryland; and (4) Provide documentation in the form prescribed by the Board as set forth in Health Occupations Article, §19-302, Annotated Code of Maryland. H. The Board shall approve an application to engage in independent practice provided: (1) The application is complete; and (2) The applicant practiced social work in accordance with the statute and regulations in effect at the time the bachelor or master social worker practiced in Maryland. I. The Board may not approve the licensee to engage in independent practice if the licensee fails to demonstrate the required supervised experience. (1) The Board may require the applicant to complete up to 1,500 additional hours of supervised social work experience; and (2) The applicant may reapply for independent practice following the completion of the required social work experience. ### Chapter 03 — Code of Ethics **Authority:** Health Occupations Article, §§1-212 and 19-101—19-502, Annotated Code of Maryland **Administrative History:** Effective date: May 23, 1983 (10:10 Md. R. 873) **Administrative History:** Regulation .02E amended effective April 2, 1990 (17:6 Md. R. 741) **Administrative History:** Regulation .02G amended as an emergency provision effective September 15, 1993 (20:20 Md. R. 1565); amended permanently effective December 1, 1993 (20:22 Md. R. 1707) **Administrative History:** Regulations .01—.02 repealed and new Regulations .01—.06 adopted effective October 4, 1999 (26:20 Md. R. 1546) **Administrative History:** Regulation .03 amended effective August 5, 2002 (29:15 Md. R. 1142) **Administrative History:** Regulation .06 amended effective August 5, 2002 (29:15 Md. R. 1142) **Administrative History:** Chapter revised effective June 13, 2011 (38:12 Md. R. 705) **Administrative History:** Regulation .01B amended effective May 20, 2019 (46:10 Md. R. 490) **Administrative History:** Regulation .02B amended effective May 20, 2019 (46:10 Md. R. 490) **Administrative History:** Regulation .03 amended effective May 20, 2019 (46:10 Md. R. 490) **Administrative History:** Regulation .04A amended effective May 20, 2019 (46:10 Md. R. 490) **Administrative History:** Regulation .05 amended effective May 20, 2019 (46:10 Md. R. 490) **Administrative History:** Regulation .06 amended effective May 20, 2019 (46:10 Md. R. 490) **Administrative History:** Regulation .07B amended effective May 20, 2019 (46:10 Md. R. 490) #### Regulation .01 Scope and Purpose. *COMAR 10.42.03.01* A. This chapter governs the professional conduct of social workers licensed by the Board regardless of whether the service delivery is in person, telephonically, or electronically. B. The objective of this chapter is the protection of the public, which shall be the primary guide in determining the appropriate professional conduct of all individuals whose activities are regulated by the Board. C. A social worker has a responsibility to practice ethically by considering the potential benefit versus risk of harm to clients when planning and delivering professional social work services, including respecting and facilitating clients’ rights to make informed decisions. #### Regulation .02 Definitions. *COMAR 10.42.03.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the State Board of Social Work Examiners. (2) “Client” means the individual, couple, family, group, or organization to whom the licensee is rendering professional service. (3) “Dual relationship” means a relationship in which a licensee is involved with a client professionally and in any other capacity. (4) “Impairment” means a licensee whose diminished capacity affects the licensee’s practice of social work. (5) “Inappropriate sexual language” means: (a) An eroticized or sexually provocative comment; or (b) An inappropriate discussion of a sexual matter unrelated to client treatment. (6) “Sexual behavior” means: (a) A sexual act as specified in Criminal Law Article, §3-301(e) and (g), Annotated Code of Maryland; and (b) Sexual contact as specified in Criminal Law Article, §3-301(f), Annotated Code of Maryland. (7) “Sexual exploitation” means a situation in which the licensee takes advantage of the unequal relationship between the licensee and client, a student, or a supervisee to obtain sexual favors. (8) “Sexual harassment” means: (a) A deliberate or repeated comment of a sexual nature unrelated to client treatment; or (b) An advance, gesture, solicitation, request, intimidation, or physical contact of a sexual nature. (9) “Sexual misconduct” means: (a) Inappropriate sexual language; (b) Sexual exploitation; (c) Sexual harassment; (d) Sexual behavior; or (e) Therapeutic deception. (10) “Supervisee” means the individual to whom the licensee provides professional, educational, or administrative supervision or direction. (11) “Therapeutic deception” means a representation by a licensee that sexual contact or sexual activity by or with the client is consistent with or part of the client's treatment. (12) “Therapeutic relationship” means the relationship between a licensee and a client, in the practice of social work. #### Regulation .03 Responsibilities to Clients. *COMAR 10.42.03.03* A. The licensee shall: (1) Apprise the client of the risks, opportunities, and obligations associated with services available to the client; (2) Make the fee for service clear, maintain accurate financial records, stipulate payment schedules, and confirm arrangements for financial reimbursement with the client; (3) Notify the client promptly and seek the transfer, referral, or continuation of service in relation to the client's need or preference if the licensee anticipates the termination or interruption of service; (4) Prepare and disseminate to an identified colleague or record custodian a written plan for the transfer of clients and files in the event of the licensee's incapacitation, death, or termination of service; and (5) Maintain documentation in the client's record which: (a) Is legible; (b) Accurately reflects the services provided, including treatment plans, treatment goals, and contact notes; (c) Indicates the time and date the services were provided; (d) Protects the client's privacy by including only information directly relevant to the delivery of services; (e) Is sufficient and timely to facilitate the delivery and continuity of future services; (f) Is reasonably accessible for the period required in Health General Article, §4-403, Annotated Code of Maryland, after termination of services; and (g) Ensures that no confidential information is disseminated and identities are protected when using technology to communicate or access client information. B. The licensee may not: (1) Participate or condone dishonesty, fraud, deceit, or misrepresentation; (2) Misrepresent professional qualifications, education, experience, or affiliation; (3) Exploit a relationship with a client for personal advantage or satisfaction; (4) Engage in solicitation which amounts to fraud, intimidation, or undue influence; (5) Practice, condone, facilitate, or collaborate with discrimination on the basis of race, gender, sexual orientation, age, religion, national origin, socioeconomic status, disability, or any other basis proscribed by law; (6) Engage or participate in an action that violates or diminishes the civil or legal rights of a client; (7) Share with another individual a confidence revealed by a client without a client's consent, except if there is danger to self or to another individual, or for a compelling professional reason; or (8) Share a fee or accept or give something of value for receiving or making a referral. #### Regulation .04 Responsibilities to Colleagues. *COMAR 10.42.03.04* A. The licensee shall inform the Board of: (1) Unethical conduct by a licensed social worker; and (2) An individual who is not licensed by the Board but who represents that the individual is a social worker and is practicing, attempting to practice, or offering to practice social work. B. Licensees may not sexually harass, verbally abuse, or intimidate supervisees, students, trainees, or colleagues. C. Licensees having knowledge of a colleague’s impairment or incompetence should take reasonable measures to assist the colleague in taking remedial action. In cases where the colleague does not address the problem, or in any case in which welfare of a client appears to be in danger, the licensee shall report the impairment or incompetence to the Board. #### Regulation .05 Relationships. *COMAR 10.42.03.05* A. The licensee may not enter into a dual relationship with a client or an individual with whom the client has a close personal relationship. B. Adoption of a Former Client. The Board may make an exception to §A of this regulation in the case of a licensee seeking the adoption of a former client under what is deemed extraordinary circumstances as a result of a Board investigation. C. The licensee may enter into a nonsexual relationship with an individual with whom the licensee’s prior professional contact: (1) Was of a brief, peripheral, or indirect nature; and (2) Did not constitute a therapeutic relationship. D. The licensee may not engage in sexual misconduct with either current or former clients. E. The licensee may not engage in sexual misconduct with a client, supervisee, student, trainee, or colleague over whom the licensee exercises professional authority. F. The licensee may not terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with the client or an individual with whom the client has a personal relationship. G. Prior Sexual Relationships. The licensee may not provide professional services to an individual with whom the licensee has previously engaged in sexual behavior. #### Regulation .06 Standards of Practice. *COMAR 10.42.03.06* A. Professional Competence. The licensee shall: (1) Limit practice to the areas in which the licensee has gained proficiency through education, training, and experience; (2) Acquire specialized education and training in order to provide the client with services that are culturally informed; (3) Use interventions and assessment techniques only when the licensee knows that the circumstances justify those interventions and techniques; (4) Monitor the effectiveness of a licensee’s interventions; (5) Maintain and enhance professional competence by meeting the requirements of continuing education as set forth in COMAR 10.42.06; (6) Engage in ongoing consultation with other professionals with relevant knowledge, experience, and training, when developing competence in a new service or technique; (7) Document and maintain appropriate and accurate records of professional service, supervision, and research work; (8) Represent accurately the licensee’s professional qualifications; and (9) Seek competent professional assistance to determine whether to suspend, terminate, or limit the scope of professional or scientific activities when the licensee becomes aware that the licensee’s competence is impaired. B. A licensee may not: (1) Undertake or continue a professional relationship with a client when the competence or objectivity of the licensee is or could reasonably be expected to be impaired due to: (a) Mental, emotional, physiological, pharmacological, substance abuse, or personal problems; or (b) The licensee’s present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative, legal, or other relationship with the client or a person associated with or related to the client; or (2) Engage in other relationships that could limit the licensee’s objectivity or create a conflict of interest or the appearance of a conflict of interest. C. Research. A licensee shall: (1) Comply with all requirements under Health General Article, §§13-2001—13-2004, Annotated Code of Maryland; (2) Obtain informed consent from a client for participation in research that clearly defines for the client: (a) Why the client is being asked to participate; (b) What modalities will be employed; (c) What standardized instruments will need to be completed; (d) The timeline for the consent; (e) Any potential benefits; and (f) Any potential adverse reactions; (3) Inform the client of the client’s right to discontinue participation in the research; (4) Provide the client with treatment options and referral sources in the event of an adverse reaction; (5) Respect the dignity and protect the welfare of the research subject, and comply with all relevant statutes, regulations, and institutional and administrative rules concerning treatment of the research participant; (6) Ensure the ethical treatment of the research participant by collaborators, supervisees, and employees; (7) Make clear, either as a researcher or a writer, the: (a) Nature of the participation; (b) Costs; and (c) Licensee’s obligations to the research participants; and (8) Report research findings accurately, presenting only the licensee’s work or making appropriate citations when needed. D. The licensee engaging in physical, nonsexual contact with a client as an accepted component of a professionally recognized, nontraditional treatment modality shall document in the client’s record: (1) An assessment of the client; (2) A written rationale for the use of the treatment modality for the client; and (3) A copy of the informed consent signed and dated by the client and the licensee, which addresses: (a) The risks and benefits of the treatment modality; (b) The objective or objectives and intended outcome or outcomes of the proposed treatment; (c) Available alternative interventions; and (d) A description of the physical contact which may be reasonably anticipated by the client in the course of the proposed treatment. #### Regulation .07 Sanctions. *COMAR 10.42.03.07* A. The licensee who engages in ethical misconduct is subject to sanctions by the Board. B. The Board shall notify the National Practitioner Data Bank of any formal sanction of a licensee on the grounds of ethical misconduct. C. The licensee may not prohibit the client from reporting misconduct as a condition of settlement of a legal cause of action. ### Chapter 04 — Rules of Procedure for Board Hearings **Authority:** Health Occupations Article, §§19-310—19-313 and 19-401; State Government Article, §§10-201—10-226; Annotated Code of Maryland **Administrative History:** Effective date: May 23, 1983 (10:10 Md. R. 874) **Administrative History:** Regulation .01 repealed and new Regulation .01 adopted effective April 3, 2000 (27:6 Md. R. 642) **Administrative History:** Regulation .04 repealed and new Regulation .04 adopted effective April 3, 2000 (27:6 Md. R. 642) **Administrative History:** Regulations .01—.09 repealed and new Regulations .01—.12 adopted effective September 30, 2002 (29:19 Md. R. 1525) **Administrative History:** Regulation .11 amended effective May 20, 2019 (46:10 Md. R. 490) #### Regulation .01 Scope. *COMAR 10.42.04.01* This chapter governs procedures for disciplinary matters and hearings before the State Board of Social Work Examiners. #### Regulation .02 Definitions. *COMAR 10.42.04.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Administrative law judge” means the hearing officer assigned to preside over a hearing in a case the Board has delegated to the Office of Administrative Hearings. (2) “Administrative Procedure Act” means State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland, which governs contested cases arising from charges brought by the Board. (3) “Administrative prosecutor” means the attorney assigned by the Office of the Attorney General to prosecute disciplinary charges for the Board. (4) “Board” means the State Board of Social Work Examiners. (5) “Case resolution conference” means an informal, confidential meeting between the parties to a contested case and the Board's case resolution conference committee to discuss possible settlement of a disciplinary matter pending before the Board. (6) “Case resolution conference committee” means a committee composed of one or more members of the Board that makes recommendations to the Board regarding settlement of disciplinary matters. (7) “Cease and desist letter” means an informal action consisting of a nonpublic letter issued by the Board ordering: (a) A licensee to cease a specified activity; or (b) An unlicensed individual to cease the unauthorized practice of social work. (8) “Charging document” means a nonpublic record issued by the Board which: (a) Alleges conduct by a licensee which the Board believes constitutes a violation under the Maryland Social Workers Act; (b) Sets forth provisions of the Maryland Social Workers Act that the Board believes were violated; and (c) Provides notice to the licensee of disciplinary proceedings before the Board. (9) “Complaint” means a written allegation received by the Board that a licensee may have violated the Maryland Social Workers Act and which may be grounds for an investigation or disciplinary action by the Board. (10) “Consent order” means a public record issued by the Board that is a final order of the Board that has been negotiated and agreed to by both the licensee and the Board to resolve a disciplinary matter. (11) “Contested case” means a proceeding conducted under the Administrative Procedure Act. (12) “Disposition agreement” means a formal nonpublic agreement entered into with an impaired licensee instead of formal disciplinary action, in which the licensee agrees to comply with certain conditions. (13) “Final order” means a public record issued by the Board resolving a contested case either by consent or after an adjudication, which includes findings of fact, conclusions of law, and a disposition which: (a) Denies a license; (b) Sanctions by reprimand, probation, fine, or suspension or revocation of a license; (c) Summarily suspends a license; (d) Dismisses charges; (e) Surrenders a license; or (f) Takes any other action that the Board may do by law. (14) “Imperatively requires emergency action” means a finding by the Board that an emergency action be taken against a licensee under State Government Article, §10-226(c)(2), Annotated Code of Maryland, based on investigative facts that raise a substantial likelihood of risk of harm to the public health, safety, or welfare before a full evidentiary hearing can be held. (15) “Informal action” means that the Board closes a case without taking formal disciplinary action or without issuing a final order, by imposing a disciplinary sanction consisting of a: (a) Letter of education; (b) Letter of admonishment; (c) Cease and desist letter; or (d) Consent agreement. (16) “Investigation” means the gathering of information to assist the Board in determining if there is reasonable cause to charge a licensee with a violation of the Maryland Social Workers Act. (17) Letter of Admonishment. (a) “Letter of admonishment” means informal action consisting of a nonpublic letter issued by the Board closing a case, if the Board believes a licensee has engaged in conduct that violates the Maryland Social Workers Act, admonishing the licensee not to repeat the conduct. (b) “Letter of admonishment” may include an agreement that the licensee perform certain conditions instead of the Board taking formal disciplinary action. (18) “Letter of education” means informal action consisting of a nonpublic letter to a licensee: (a) Issued by the Board if the Board does not believe that conduct rose to the level of a violation of the Maryland Social Workers Act; and (b) In which the Board educates the licensee concerning the laws and standards of the practice of social work. (19) Letter of Surrender. (a) “Letter of surrender” means a public letter accepted by the Board in which the licensee agrees to surrender the license to practice social work. (b) “Letter of surrender” may include conditions for the Board's acceptance of the surrender as a resolution of the case. (20) “Licensure” means permission to engage in the practice of social work which is evidenced by a license issued by the Board. (21) “Maryland Social Workers Act” means Health Occupations Article, Title19, Annotated Code of Maryland. (22) “Notice of initial denial” means a nonpublic record issued by the Board by which an applicant or licensee is notified that the Board intends to deny a license, a change in licensure status, or some other benefit sought by the licensee. (23) “Postdeprivation hearing” means a contested case hearing scheduled by the Board after the Board has issued an order for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland, in which the licensee may challenge the Board's basis for issuing the order for summary suspension. (24) “Predeprivation hearing” means a nonevidentiary, show cause hearing held before the Board at which the licensee has an opportunity to demonstrate to the Board why it should not: (a) Issue an order for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland; or (b) Take some other action that the Board may by law take. (25) “Preliminary investigation” means the gathering of information to be used by the Board to determine if the Board should dismiss a complaint or conduct further investigation to determine if there is reasonable cause to charge a licensee with a violation of the Maryland Social Workers Act. (26) “Probation” means a sanction imposed by the Board in a public final order in which the licensee is: (a) Monitored by the Board for a period of time; and (b) Required to comply with certain conditions to avoid further disciplinary action. (27) “Prohibited act” means conduct specified in the Maryland Social Workers Act which may result in sanctions or penalties. (28) “Public record” means a document that the Board is permitted or required to disclose to the public under State Government Article, Title 10, Subtitle 6, Annotated Code of Maryland. (29) “Recommended decision” means a nonpublic record issued to the Board by an administrative law judge that sets out proposed findings of fact, proposed conclusions of law, a proposed sanction, or any combination of them. (30) “Recusal” means the disqualification of a member of the Board to participate in a proceeding because of interest, bias, or some other reason that may interfere with the Board member's participation in a case. (31) “Respondent” means a licensee, subject to the jurisdiction of the Board, that has been: (a) Given notice to answer allegations concerning violations of the Maryland Social Workers Act; (b) Notified as to a potential emergency suspension under State Government Article, §10-226(c), Annotated Code of Maryland; or (c) Notified as to potential violation of Health Occupations Article, §19-401, Annotated Code of Maryland. (32) “Revocation” means the removal of a social worker's license to practice social work. (33) “Sanction” means an action by the Board, including a: (a) Reprimand; (b) Placement on probation; (c) Fine; or (d) Suspension or revocation of a license. (34) “Show cause hearing” means a nonevidentiary hearing before the Board in which the licensee has the opportunity to demonstrate to the Board why the Board should not issue a proposed order or take an action that the Board may take. (35) “Stay” means the withholding of an action ordered by the Board which may be subject to certain conditions. (36) “Summary suspension” means the indefinite suspension of a license under State Government Article, §10-226(c)(2), Annotated Code of Maryland, taken if the Board believes the action is necessary to protect the public health, safety, or welfare. (37) “Surrender” means the voluntary relinquishing of a license to practice social work that may be subject to certain conditions set by the Board. (38) “Suspension” means a temporary denial of the right to use a license and is usually defined by: (a) A specific period of time; (b) Specific dates; or (c) Specific conditions. (39) “Violation” means an act or omission prohibited under Health Occupations Article, §19-311, Annotated Code of Maryland. #### Regulation .03 Confidentiality of Proceedings. *COMAR 10.42.04.03* A. Except as otherwise provided by law, the proceedings of the Board are confidential. The parties may not waive the confidentiality provided by this section. B. The Office of Administrative Hearings' proceedings involving the adjudication of a Board-contested case and the administrative law judge's recommended decision are confidential. The respondent may not waive the confidentiality of the proceedings or of the patients whose medical records or care are reflected in the record of the proceedings. C. To the extent possible, even after a final order is entered into by the Board, the parties shall refrain from revealing legal documents, oral statements, or information that would reveal the identity of any patients referred to in the Board's order. #### Regulation .04 Representation by Counsel. *COMAR 10.42.04.04* A. A respondent may be represented by counsel in any matter before the Board and at any stage of the proceedings. B. If the matter goes to a hearing, the respondent shall be represented in proper person or by an attorney who has been admitted to the Maryland Bar or specially admitted to practice law under Maryland Rules, Rules Governing Admission to the Bar of Maryland, Rule 14, Annotated Code of Maryland. C. In all proceedings, the Board may be represented by and obtain advice of counsel assigned to it by the Office of the Attorney General. #### Regulation .05 Proceedings under Health Occupations Article, §19-311, Annotated Code of Maryland. *COMAR 10.42.04.05* A. Investigation of Complaints. (1) The Board may: (a) Make a preliminary review of each complaint; and (b) Recommend that cases involving complaints over which the Board lacks jurisdiction be closed. (2) The Board may send a copy of the complaint, either in its entirety or redacted, to the licensee that is the subject of the complaint, to obtain a response to the allegations made in the complaint. (3) Board subpoenas may be issued by the Board over the signature of the administrator. B. Prosecution of Complaint. (1) After reviewing any completed investigative information or reports for each complaint, the Board shall: (a) Dismiss the complaint; (b) Close the case with informal action; (c) Issue a cease and desist order; (d) Refer the matter for further investigation; (e) Refer the matter to an administrative prosecutor; or (f) Vote to: (i) Charge a licensee with a violation of Health Occupations Article, §19-311, Annotated Code of Maryland; (ii) Consider the matter as a basis for summary suspension under State Government Article, §10-226(c)(2), Annotated Code of Maryland; (iii) Initially deny licensure or reinstatement of a license; or (iv) Accept the surrender of a license subject to conditions acceptable to the Board. (2) The Board may refer a complaint or other disciplinary matter to the administrative prosecutor at any time, regardless of whether it has voted to charge a licensee with violations of the Maryland Social Workers Act. C. Charges and Notice of Initial Denial. (1) If the Board issues charges or a notice of initial denial, the document shall be: (a) Served upon the respondent by certified mail at the address the respondent is required to maintain with the Board; (b) Hand-delivered in person; or (c) Served by other means reasonable to effect service. (2) Charges or a notice of initial denial shall: (a) Inform the respondent of the statutory basis for the charges or denial of licensure; (b) Allege sufficient facts which the Board believes constitute either a basis for: (i) Violation of the Maryland Social Workers Act; or (ii) Denial of licensure; (c) Notify the respondent of: (i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and (ii) The consequences of failing to appear for scheduled proceedings or failing to request a hearing; and (d) Be accompanied by a letter of procedure notifying respondent of the applicability of the Administrative Procedure Act to the Board's proceedings. (3) If the Board is unable to serve the charges or notice of initial denial upon the respondent as described in §C(1) of this regulation, the Board may nevertheless proceed in prosecuting the case. (4) If the Board issues a notice of initial denial to an applicant for a license, the applicant may not withdraw the application without approval of the Board. D. Discovery. (1) Discovery on Request. By written request served on the other party and filed with the Board or the Office of Administrative Hearings, as appropriate, a party may require another party to produce, within 15 days, the following: (a) A list of the witnesses to be called; (b) Copies of all documents intended to be produced at the hearing; or (c) Both §D1(a) and (b) of this regulation. (2) Mandatory Discovery. (a) Each party shall provide to the other party, not later than 15 days before the prehearing conference, if scheduled, or 45 days before the scheduled hearing date, whichever is earlier: (i) The name and curriculum vitae of any expert witness that will testify at the hearing; and (ii) A detailed written report summarizing the expert's testimony, which includes the opinion offered and the factual basis and reasons underlying the opinion. (b) If the Board or the Office of Administrative Hearings, as appropriate, finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of §D(2)(a) of this regulation, the Board or the Office of Administrative Hearings, as appropriate, shall exclude from the hearing the testimony of the expert and any report of the expert. (c) The Board or the Office of Administrative Hearings, as appropriate, shall consider and decide arguments on the sufficiency of the report: (i) At the prehearing conference, if scheduled; or (ii) Immediately before the scheduled hearing. (d) If an expert adopts a sufficiently specific charging document as the expert's report, that adoption satisfies the requirements set forth in §D(2)(a)(ii) of this regulation. (3) Parties are not entitled to discovery of items other than those listed in §D(1) and (2) of this regulation. (4) Both parties have a continuing duty to supplement their disclosures of witnesses and documents. (5) Absent unforeseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list after: (a) The prehearing conference, if scheduled; or (b) 15 days before the hearing, if no prehearing conference is scheduled. (6) The prohibition against adding witnesses does not apply to witnesses or documents to be used for impeachment or rebuttal purposes. (7) Construction. (a) In hearings conducted by an administrative law judge of the Office of Administrative Hearings, this regulation shall be construed, whenever possible, as supplementing and in harmony with COMAR 28.02.01. (b) In a conflict between this regulation and COMAR 28.02.01, this regulation applies. E. Case Resolution Conference. (1) After service of charges or notice of initial denial, the Board shall offer a respondent the opportunity for a case resolution conference. (2) At any other time during disciplinary proceedings, the Board may offer or the respondent may request a case resolution conference to discuss a disciplinary matter. (3) Except as provided in Regulation .05E(1) of this chapter, the Board may deny a respondent's request for a case resolution conference. (4) Matters admitted, revealed, negotiated, or otherwise discussed at a case resolution conference are without prejudice and may not be used by the respondent, administrative prosecutor, or the Board in any subsequent proceedings, unless the information is otherwise discovered or available through another source. (5) Recommendations of the case resolution conference are not binding on the Board, which may: (a) Modify a proposed settlement; (b) Require additional conditions; or (c) Reject the recommendation and require the respondent to proceed to a hearing. (6) If the respondent and the administrative prosecutor are unable to reach an agreement for settlement that is recommended by the case resolution conference committee and ratified by the Board, the matter shall proceed to a hearing on the charges or notice of initial denial. (7) If the respondent disagrees with the recommendation of the case resolution conference committee, the respondent may elect to proceed to a hearing in the matter, regardless of whether the Board has ratified the recommendation of the case resolution conference committee. (8) Participation in a case resolution conference is not ordinarily a basis for recusal of a Board member, Board counsel, or Board prosecutor from further proceedings in a case. #### Regulation .06 Sanctions, Hearings, and Final Order. *COMAR 10.42.04.06* A. Surrender of License. (1) The Board may require conditions for surrender of a license, including: (a) An admission of a violation of the Maryland Social Workers Act; (b) An admission of facts; (c) A statement of the circumstances under which the surrender was offered or accepted; (d) Restrictions on future licensure; (e) Conditions for reinstatement of the license; or (f) An agreement that the respondent may not apply for reinstatement of the license. (2) Unless the Board determines that disclosure of the surrender is not in the public interest, a letter of surrender is a final order of the Board and is a public record under State Government Article, §10-611, Annotated Code of Maryland. B. Hearings on Charges or Notice of Initial Denial. (1) Hearings shall be conducted under State Government Article, Title 10, Annotated Code of Maryland. (2) The Board may delegate its authority to hear contested cases to the Office of Administrative Hearings. (3) Proceedings may not be open to the public. (4) All records, including the recommended decision, shall be confidential and sealed. (5) If a matter has been delegated to the Office of Administrative Hearings, the administrative law judge presiding over the proceedings shall issue to the Board a recommended decision containing: (a) Proposed or final findings of fact; (b) Proposed or final conclusions of law; (c) A proposed sanction; or (d) A combination of §B(5)(a)—(c) of this regulation pursuant to the Board's delegation. C. Burden of Proof. (1) A licensee to whom the Board has issued a notice of initial denial has the burden to demonstrate by a preponderance of the evidence that the licensee is entitled to licensure or to receive the benefit sought which the Board has initially denied. (2) The Board has the burden to demonstrate by a preponderance of the evidence that the licensee has committed a violation or violations of the Maryland Social Workers Act. D. Exceptions and Exceptions Hearing. (1) If a matter has been delegated by the Board to the Office of Administrative Hearings, a party may file exceptions to the administrative law judge's proposed findings of fact, proposed conclusions of law, and proposed sanction, as set out in the recommended decision, before the Board makes a final decision. (2) Unless otherwise permitted by the Board, within 15 days after the issuance of the recommended decision, or as otherwise specified by the administrative law judge in the recommended decision, either party may file written exceptions with the Board. (3) Unless otherwise permitted by the Board, a party's written exceptions may not be longer than 25 double-spaced pages, and shall state with particularity the finding of fact, conclusion of law, or other matter excepted to, and the relevant portions of the record supporting the party's exception. (4) Unless otherwise permitted by the Board, within 10 days after a party's exceptions are filed with the Board, the opposing party may file an answer to exceptions. (5) Unless otherwise permitted by the Board, a party's answer to exceptions may not be longer than 25 double-spaced pages, and shall state with particularity a response to an exception and the relevant portions of the record supporting that response. (6) Unless otherwise permitted, the Board may not consider a party's response to an answer to the exceptions. (7) Unless otherwise agreed by the parties and permitted by the Board, an exceptions hearing shall be scheduled for the next meeting of the Board after receipt of the parties' exceptions and any answer to exceptions. (8) Exceptions Hearing. (a) An exceptions hearing shall be held before the Board. (b) The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the exceptions and answers to exceptions. (c) The Board member presiding at the hearing shall determine all procedural issues and may impose reasonable time limits on each party's oral argument. (d) The presiding Board member shall make rulings reasonably necessary to facilitate the effective and efficient progress of the hearing. (e) The respondent and the administrative prosecutor each may not exceed 30 minutes to present oral argument. (f) The party who filed the exceptions shall proceed first and may reserve part of the allotted time for rebuttal. (9) Unless otherwise agreed by the parties and permitted by the Board, the parties may not, in an answer to exceptions or in the hearing on exceptions, reference any document or other evidence or offer an exhibit that is outside the record of the evidentiary hearing before the administrative law judge. (10) If neither party files exceptions within the time specified in §D(2) of this regulation, the Board shall consider only the recommended decision of the administrative law judge and the record of the evidentiary hearing in making its final decision. E. Board Final Decision and Order. (1) After review of the record and deliberation, the Board shall issue a final order consisting of findings of fact, conclusions of law, and the sanction or disposition to be imposed. (2) Upon a finding that there has been a violation of the Maryland Social Workers Act, the Board may order that the licensee be fined, reprimanded, placed on probation, or the license suspended or revoked. #### Regulation .07 Summary Suspension of a License. *COMAR 10.42.04.07* A. Pursuant to its authority under State Government Article, §10-226(c)(2), Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare. B. Notice of Intent to Summarily Suspend. (1) Based on information gathered in an investigation or otherwise provided to the Board, the Board may vote to issue: (a) A notice of intent to summarily suspend a license; or (b) An order of summary suspension. (2) If the Board votes to issue a notice of intent to summarily suspend a license or an order of summary suspension, the Board shall refer the matter to an administrative prosecutor for prosecution. (3) A notice of intent to summarily suspend a license shall include: (a) A proposed order of summary suspension which is unexecuted by the Board and includes: (i) The statutory authority on which the action has been taken; (ii) Allegations of fact that the Board believes demonstrate a substantial likelihood that the licensee poses a risk of harm to the public health, safety, or welfare; and (iii) Notice to the respondent of the right to request a full hearing on the merits of the summary suspension if the Board executes the proposed order of summary suspension; and (b) An order or summons to appear before the Board to show cause why the Board should not execute the order of summary suspension and which notifies the respondent of the consequences of failing to appear. (4) Service. (a) The Board shall serve a respondent with a notice of intent to summarily suspend a license not later than 5 days before a predeprivation show cause hearing is scheduled before the Board. (b) Service of the notice of intent to summarily suspend shall be made: (i) Personally upon the respondent; (ii) By certified mail to the address the respondent is required to maintain with the Board; or (iii) By other reasonable means to effect service. (c) If the Board is unable to serve the notice of intent to summarily suspend a license upon the respondent as described in §B(4)(a) and (b) of this regulation, the Board may nevertheless proceed to prosecute the case. C. Predeprivation Opportunity to Be Heard. (1) If the Board issues a notice of intent to summarily suspend a license, the Board shall offer the respondent the opportunity to appear before the Board to show cause why the respondent's license should not be suspended before the Board executes the order of summary suspension. (2) Predeprivation Show Cause Hearing Before the Board. (a) The hearing shall be a nonevidentiary hearing to provide the parties with an opportunity for oral argument on the proposed summary suspension. (b) The Board member presiding at the hearing shall determine all procedural issues and may impose reasonable time limits on each party's oral argument. (c) The presiding Board member shall make rulings reasonably necessary to facilitate the effective and efficient operation of the hearing. (d) The respondent and the administrative prosecutor may not exceed 30 minutes each to present oral argument. (e) The respondent shall proceed first and may reserve part of the allotted time for rebuttal. (3) The Board member who presides over the hearing: (a) May allow either the respondent or the administrative prosecutor to present documents or exhibits which are relevant and material to the proceedings and which are not duly repetitious, if the presiding Board member believes that such documents or exhibits are necessary for a fair hearing; and (b) May not allow testimony by any witness unless agreed to by the parties and approved by the Board in advance of the hearing. (4) A Board member may be recognized by the presiding member to ask questions of either party appearing before the Board. D. Summary Suspension Without Prior Notice or Hearing Opportunity. (1) Extraordinary Circumstances. The Board may, after consultation with Board counsel, order the summary suspension of a license without first issuing a notice of intent to summarily suspend license or providing a respondent with an opportunity for a predeprivation hearing if the Board determines that: (a) The public health, safety, and welfare require the immediate suspension of the license; and (b) Prior notice and an opportunity to be heard are not feasible. (2) Time—Service and Hearing. (a) An order of summary suspension under §D(1) of this regulation shall be served upon the respondent within 24 hours after its execution. (b) The respondent shall be provided an opportunity for a hearing before the Board within 15 days after the effective date of the summary suspension. (3) If the respondent requests a hearing under §B(3)(a)(iii) of this regulation, that hearing shall: (a) Be conducted before the Board as provided in §D(2)(b) of this regulation; and (b) Provide the respondent with an opportunity to show cause why the Board should lift the summary suspension and reinstate the license. E. Burdens of Production and Persuasion. (1) In a show cause proceeding under §C of this regulation, the respondent may present argument in opposition to the allegations presented in the order for summary suspension or which otherwise demonstrate that the public health, safety, or welfare is not at risk. (2) The administrative prosecutor bears the burden of demonstrating by a preponderance of the evidence that the health, safety, or welfare of the public imperatively requires the Board to summarily suspend the respondent's license. F. Disposition. (1) If the Board issues a notice of intent to summarily suspend a license before summarily suspending a license, the Board may, after the show cause hearing, vote to: (a) Order a summary suspension; (b) Deny the summary suspension; (c) Issue an order agreed upon by the parties; or (d) Issue an interim order warranted by the circumstances of the case, including one providing for stay of the summary suspension subject to certain conditions. (2) If the Board orders a summary suspension before a show cause hearing, the Board may, at the conclusion of the hearing, vote to: (a) Affirm its order of summary suspension; (b) Rescind the order for summary suspension; (c) Issue an order agreed upon by the parties; or (d) Issue an interim order warranted by the circumstances of the case, including one providing for a stay of the summary suspension subject to certain conditions. (3) An order for summary suspension or other order issued by the Board after the initiation of summary suspension proceedings are final orders of the Board and public records under State Government Article, §10-611, Annotated Code of Maryland. G. Postdeprivation Opportunity for an Evidentiary Hearing. (1) If the Board orders the summary suspension of a license under §C or D of this regulation, the respondent shall be provided with an opportunity for an evidentiary hearing before the Board, or if the Board delegates the matter to the Office of Administrative Hearings, before an administrative law judge. (2) The respondent may request an evidentiary hearing within 10 days after the Board issues the order of summary suspension. (3) Unless otherwise agreed by the parties, a hearing shall be provided within 45 days after respondent's request. (4) An evidentiary hearing may be consolidated with a hearing on charges issued by the Board that include the facts that form the basis for the summary suspension. (5) An evidentiary hearing shall be conducted under the contested case provisions of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland. (6) If the Board delegates the matter to the Office of Administrative Hearings, the administrative law judge shall issue a recommended decision to the Board with: (a) Proposed or final findings of fact; (b) Proposed or final conclusions of law; (c) A proposed disposition; or (d) Any combination of §G(6)(a)—(c) of this regulation, pursuant to the Board's delegation of the matter to the Office of Administrative Hearings. (7) If the hearing is one combined with charges, the administrative law judge's determination of the merits of the summary suspension shall be based only on the parts of the record available to the Board when the Board voted for summary suspension. (8) The parties may file exceptions to the recommended decision, as provided in the State Government Article, §10-216, Annotated Code of Maryland. (9) An order issued by the Board after a postdeprivation evidentiary hearing is a final order of the Board and is a public record under State Government Article, §10-611, Annotated Code of Maryland. #### Regulation .08 Probation and Violation of Probation Proceedings. *COMAR 10.42.04.08* A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including: (1) Reeducation or completion of approved courses; (2) Payment of a fine; (3) Providing free social work services in a Board-approved program; (4) Practicing under supervision; (5) Monitoring by the Board or by an individual or entity approved by the Board, with periodic reporting to the Board; (6) Periodic review of a licensee's clinical practices or billing; (7) Periodic audits of a licensee's billing practices; (8) An examination by a physician or other appropriate health care provider; (9) Limitation of the licensee's practice; (10) Obtaining a passing score on an appropriate examination; or (11) Any other condition the Board considers appropriate for the rehabilitation or retraining of a licensee. B. A term of probation may be defined by a specific period of time or the successful completion of certain conditions or acts by the licensee. C. A licensee seeking termination of probation shall do so only by petitioning the Board to lift the probation when: (1) The specific period of time has passed; or (2) The licensee has successfully completed the conditions or acts required for termination. D. If the Board determines that the licensee is not in compliance with the conditions of probation, the Board shall: (1) Charge the licensee with a violation of probation; (2) Take any action the final order or consent order provides for a violation of probation, including suspension of the license; (3) Consider a summary suspension of the license; or (4) Take any other action the Board considers appropriate and may take by law. E. Charges for Violation of Probation. (1) If the Board issues charges for a violation of probation, the service shall be as provided for in Regulation .05C(1) and (3) of this chapter. (2) The charging document for a violation of probation shall: (a) Inform the respondent of the statutory provision, condition of probation, or provision of the Board's order which the Board believes has been violated; (b) Allege facts that constitute a basis for a violation of probation; and (c) Notify the respondent of: (i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and (ii) The consequences of failing to appear for those proceedings or failing to request a hearing. (3) If the respondent requests a hearing on the charge of a violation of probation, the Board shall, before the hearing, provide the respondent with a case resolution conference as provided in Regulation .05E of this chapter, to discuss settlement of the matter. F. Violation of Probation Hearing. A hearing for a violation of probation shall be held as set out in Regulation .05E of this chapter. G. If the Board determines that a respondent has violated probation, the Board shall: (1) Take any action the consent order or final order provides for a violation of probation; (2) Impose additional conditions of probation; or (3) Impose a sanction or take any other action the Board considers appropriate and may take by law. #### Regulation .09 Restoration of a License. *COMAR 10.42.04.09* A. Reinstatement. (1) A licensee shall petition the Board for a termination of a suspension of a license or a reinstatement after revocation or surrender of a license. (2) A licensee that petitions the Board for reinstatement under the terms and conditions for reinstatement set out in a final order, letter of surrender, or other order of the Board, shall apply for reinstatement only under those terms and conditions. (3) A licensee whose license has been revoked or surrendered for 5 or more years before filing a petition for reinstatement is ineligible for reinstatement but may apply for initial licensure. (4) In addition to complying with any conditions for reinstatement ordered by the Board, an applicant for reinstatement shall: (a) File an application for reinstatement with the Board; and (b) Meet the requirements for reinstatement. B. Notice of Intent to Deny Reinstatement and Hearing Opportunity. (1) If the Board issues a notice of intent to deny reinstatement, that notice shall be served as provided for in Regulation .05C(1) and (3) of this chapter. (2) A notice of intent to deny reinstatement shall: (a) Inform the applicant of the legal basis for the Board's belief that the applicant is not qualified for reinstatement, including any applicable statutory provision; (b) Allege any facts the Board believes support the Board's reasons for denying reinstatement; and (c) Notify the respondent of: (i) Any proceedings scheduled before the Board or of an opportunity to request a hearing within a certain period of time; and (ii) The consequences of failing to appear for scheduled proceedings or to request a hearing. (3) If the applicant requests a hearing on the notice of intent to deny reinstatement, the Board shall, before the hearing, provide the applicant with a case resolution conference as provided in Regulation .06A of this chapter, to discuss settlement of the matter. (4) A hearing on the notice of denial of reinstatement shall be held before the Board or a delegated to an administrative law judge and conducted under the contested case provisions of the Administrative Procedure Act. C. If the Board grants reinstatement of a license, it may impose any restrictions or conditions on the license or the licensee's practice that it considers appropriate. #### Regulation .10 Judicial Review. *COMAR 10.42.04.10* A final order of the Board is subject to judicial review as provided in Health Occupations Article, §19-313 and State Government Article, §10-222, Annotated Code of Maryland. #### Regulation .11 Fines. *COMAR 10.42.04.11* A. After a hearing under Health Occupations Article, §19-312, Annotated Code of Maryland, and COMAR 10.42.04, the Board may impose a fine, in addition to, or instead of: (1) Reprimanding a licensee; (2) Placing a licensee on probation; or (3) Suspending or revoking a license. B. In determining whether to impose a fine and the amount of the fine, the Board shall consider the following factors: (1) The cost of investigating and prosecuting the case against the individual; (2) The extent of actual or potential public harm caused by the violation; (3) The extent to which the individual derived a financial benefit from the violation; (4) The history of a previous violation or violations; (5) The willfulness of the improper conduct; and (6) Mitigating factors as presented by the licensee. C. An individual shall pay the fine to the Board under the terms of the Board's order. D. The Board shall pay all monies collected under this chapter to the General Fund of the State. E. Unless the Board's order provides otherwise, if an individual fails to pay, in whole or in part, a fine imposed by the Board, the Board may not restore, reinstate, or renew the license of the individual until the individual pays the fine in full. F. The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings and ensure prompt payment. #### Regulation .12 Cost Recovery. *COMAR 10.42.04.12* If after a hearing, a licensee is found to have violated any of the provisions of Health Occupations Article, §19-311, Annotated Code of Maryland, the Board shall be entitled to reimbursement of costs by the licensee including any or all of the following items: A. Services rendered by court reporters; B. Transcription of the hearing record by court reporters; C. Expenses related to witnesses appearing for the State; D. Obtaining or reproducing documents, exhibits, or other evidentiary items; E. Hearing-related per diems and expenses for Board members; and F. Other expenses directly related to the investigation and prosecution of the disciplinary action against the licensee. ### Chapter 05 — Fee Schedule **Authority:** Health Occupations Article, §§19-205, 19-206, and 19-308, Annotated Code of Maryland **Administrative History:** Effective date: April 2, 1990 (17:6 Md. R. 741) **Administrative History:** Chapter revised as an emergency provision effective August 18, 1992 (19:18 Md. R. 1653); adopted permanently effective February 19, 1993 (19:24 Md. R. 2126) **Administrative History:** Regulation .01 amended effective May 23, 1994 (21:10 Md. R. 844) **Administrative History:** Regulation .02 repealed and new Regulation .02 adopted as an emergency provision effective April 15, 2001 (28:10 Md. R. 945); adopted permanently effective August 6, 2001 (28:15 Md. R. 1397) **Administrative History:** Regulation .02J adopted effective May 23, 1994 (21:10 Md. R. 844) **Administrative History:** Chapter revised effective June 24, 2002 (29:12 Md. R. 928) **Administrative History:** Regulation .01 amended effective May 12, 2003 (30:9 Md. R. 615); May 11, 2015 (42:9 Md. R. 647) **Administrative History:** Regulation .02 amended effective August 25, 2008 (35:17 Md. R. 1489); February 8, 2010 (37:3 Md. R. 176); May 11, 2015 (42:9 Md. R. 647) **Administrative History:** Regulation .02A amended effective May 12, 2003 (30:9 Md. R. 615) **Administrative History:** Regulation .02E, G amended effective November 11, 2002 (29:22 Md. R. 1721) **Administrative History:** Regulation .04 adopted effective May 12, 2003 (30:9 Md. R. 615) #### Regulation .01 Scope. *COMAR 10.42.05.01* This chapter governs all persons licensed as social workers in the State and all persons, agencies, institutions, or organizations seeking to provide continuing education programs who submit applications to the Board for sponsorship authorization and program approval under the requirements of COMAR 10.42.06. #### Regulation .02 Fees. *COMAR 10.42.05.02* A. The following fees are established by the Board: (1) Application processing fee — $100; (2) Initial license fee — $75; (3) License renewal fee: (a) Bachelor level — $100; (b) Graduate level — $200; (c) Certified level — $275; (d) Certified-clinical level — $275; (4) Inactive status fee — $15; (5) Reactivation processing fee to change from inactive status to active status: (a) Bachelor level — $125; (b) Graduate level — $225; (c) Certified level — $300; (d) Certified-clinical level — $300; (6) Reinstatement processing fee to change from non-renewed status to active status: (a) Bachelor level — $125; (b) Graduate level — $225; (c) Certified level — $300; (d) Certified-clinical level — $300; (7) Application for authorization to sponsor continuing education programs (required only if not automatically entitled to sponsor programs under COMAR 10.42.06): (a) Application — $200; (b) Program Approval — $100; (8) License verification fee — $20; (9) Penalty for returned checks — $50; (10) Failure to notify the Board of change of address — $50; (11) Supervisor registration fee — $20; (12) Individual record retrieval fee — $30. (13) Rosters: (a) Bachelor or graduate levels — $80; (b) Certified or certified-clinical levels — $150. B. The Board may not refund a fee. C. The Maryland Health Care Commission may assess a fee for health care professionals which the applicant shall pay at the time of license renewal as specified in COMAR 10.25.02. #### Regulation .03 Change of Fees. *COMAR 10.42.05.03* A. Fees are subject to change by action of the State Board of Social Work Examiners. B. The Board shall give notice of a change in fees to licensees and applicants by any reasonable means. #### Regulation .04 Maryland Health Care Commission Assessment for Health Care Practitioners. *COMAR 10.42.05.04* At the time of license renewal of a certified social worker—clinical, certified social worker, and a graduate social worker, an applicant shall pay to the Board a user fee assessed by the Maryland Health Care Commission, as specified annually in the Maryland Register pursuant to COMAR 10.25.02. ### Chapter 06 — Continuing Education Requirements **Authority:** Health Occupations Article, §§1-101(b) and (j), 19-205 and 19-308, Annotated Code of Maryland **Administrative History:** Effective date: **Administrative History:** Regulations .01—.07 adopted as an emergency provision effective March 22, 1994 (21:8 Md. R. 666); adopted permanently effective September 12, 1994 (21:18 Md. R. 1509) **Administrative History:** Regulation .04A amended effective August 12, 1996 (23:16 Md. R. 1176) **Administrative History:** Regulations .01—.06 repealed and new Regulations .01—.12 adopted effective November 1, 2003 (29:9 Md. R. 745) **Administrative History:** Regulation .11 repealed and Regulation .12 recodified to be Regulation .11 effective January 1, 2007 (33:26 Md. R. 1997) **Administrative History:** Regulations .01—.11 repealed and new Regulations .01—.11 adopted effective March 22, 2010 (37:6 Md. R. 478) **Administrative History:** Regulation .02B amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1053); amended permanently effective September 28, 2015 (42:19 Md. R. 1228) **Administrative History:** Regulation .03A amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1053); amended permanently effective September 28, 2015 (42:19 Md. R. 1228); July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Regulation .04D, E amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1053); amended permanently effective September 28, 2015 (42:19 Md. R. 1228) **Administrative History:** Regulation .06A amended effective July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Regulation .06D adopted effective July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Regulation .07E amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1053); amended permanently effective September 28, 2015 (42:19 Md. R. 1228) **Administrative History:** Regulation .07F amended effective July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Regulation .08 amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1053); amended permanently effective September 28, 2015 (42:19 Md. R. 1228) **Administrative History:** Regulation .08C amended effective July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Regulation .10B amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1053); amended permanently effective September 28, 2015 (42:19 Md. R. 1228) **Administrative History:** Regulation .11B amended as an emergency provision effective July 8, 2015 (42:16 Md. R. 1053); amended permanently effective September 28, 2015 (42:19 Md. R. 1228) **Administrative History:** Chapter revised effective May 20, 2019 (46:10 Md. R. 490) **Administrative History:** Regulation .02B amended effective December 11, 2023 (50:24 Md. R. 1042); April 28, 2025 (52:8 Md. R. 358) **Administrative History:** Regulation .03A amended effective December 11, 2023 (50:24 Md. R. 1042) **Administrative History:** Regulation .05 amended effective December 11, 2023 (50:24 Md. R. 1042); April 28, 2025 (52:8 Md. R. 358) **Administrative History:** Regulation .06 amended effective December 11, 2023 (50:24 Md. R. 1042) **Administrative History:** Regulation .07 amended effective December 11, 2023 (50:24 Md. R. 1042) **Administrative History:** Regulation .08 amended effective December 11, 2023 (50:24 Md. R. 1042) **Administrative History:** Regulation .09 amended effective December 11, 2023 (50:24 Md. R. 1042) **Administrative History:** Regulation .10 amended effective December 11, 2023 (50:24 Md. R. 1042) **Administrative History:** Regulation .11 amended effective December 11, 2023 (50:24 Md. R. 1042) #### Regulation .01 Scope and Objectives. *COMAR 10.42.06.01* A. This chapter establishes continuing education requirements for licensed social workers in the State. B. The objectives of this chapter include: (1) Maintenance and enhancement of professional competence; (2) Ongoing improvement of professional skills and knowledge; and (3) Enrichment of social work services provided to the citizens of Maryland. #### Regulation .02 Definitions. *COMAR 10.42.06.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Approved programs” means programs that are presented by professionals who are qualified in the content area with education as the focus and that: (a) Are offered or provided under the auspices of an authorized sponsor; or (b) Are offered or approved by the Board. (2) “Authorized sponsor” means an individual, agency, or organization that is authorized to provide continuing education programs and to offer under its auspices programs as set forth in Regulation .05 of this chapter. (3) “Board” means the Board of Social Work Examiners. (4) “Category I” means activities that are formally organized face-to-face, or live, real time interactive learning experiences provided authorized sponsors as set forth in Regulation .04 of this chapter. (5) “Category II” means learning experiences as set forth in Regulation .04 of this chapter. (6) “Committee” means the Continuing Education Committee appointed by the Board. (7) “Continuing education” means completing approved programs designed to provide: (a) Enhancement of professional social work practice, values, skills, and knowledge; and (b) Enrichment of professional social work services and competence. (8) “Continuing education unit” means 1 hour (60 minutes) of an approved program as set forth in Regulation .04 of this chapter. (9) “County” means a county of Maryland and, unless expressly provided otherwise, Baltimore City. (10) “Exception” means a deviation or departure from the continuing education requirements for circumstances set forth in Regulation .11 of this chapter that is granted at the discretion of the Board. (11) “Extension” means a period of time, not to exceed 6 months for renewal, that the Board authorizes to permit additional time for a social worker with an active license to obtain the required continuing education units needed for renewal of a license as set forth in Regulation .10 of this chapter. (12) “Nonprofit organization” means an organization that is tax exempt under 26 U.S.C. §501(c)(3)—(4). (13) “Renewal date” means the date the license expires, as specified in the notice sent to the social worker by the Board in accordance with Health Occupations Article, §19-308(b), Annotated Code of Maryland. (14) “Renewal period” means the period from the date the license was issued or November 1 of the renewal year to October 31 of the expiration year. (15) “State” means: (a) A state, possession, or territory of the United States; (b) The District of Columbia; or (c) The Commonwealth of Puerto Rico. #### Regulation .03 Continuing Education Requirements. *COMAR 10.42.06.03* A. The Board shall renew a license for an additional 2-year period if the social worker: (1) Completes 40 (30 for Licensed Bachelor Social Workers) continuing education units within the renewal period, of which a minimum of: (a) 20 (15 for Licensed Bachelor Social Workers) continuing education units shall be obtained from approved programs which are Category I; (b) 3 of the required Category I or Category II continuing education units shall have a content area focusing on ethics and professional conduct, including boundary issues, or pertaining to the standards of practice and laws governing the profession of social work in Maryland; (c) For registered and Board-approved supervisors, 3 of the required Category I or Category II continuing education units shall have a content area focusing on supervision as stipulated in COMAR 10.42.08.04B(3); and (d) 3 of the required Category I continuing education units shall have anti-oppressive social work practice content focusing on race, culture, or equity, and include one or more of the following topics: (i) Cultural humility; (ii) Social justice; (iii) Racial equity; (iv) Implicit bias; or (v) Anti-racism practices; (2) Submits an application as set forth in COMAR 10.42.01 attesting to completion of the required continuing education units in approved programs; and (3) Completes the required continuing education units within a 2-year period as set forth in §B of this regulation. B. Time Frame. (1) Renewed licenses are valid for a 2-year period from November 1 through and including October 31, during which time continuing education units may be earned. (2) Continuing education units obtained in one renewal period may not be carried over to the next renewal period. #### Regulation .04 Continuing Education Learning Activities. *COMAR 10.42.06.04* A. The social worker shall complete continuing education units relating to the practice of social work that foster improvement, advancement, and extension of the social worker's professional skill, knowledge, and competence. B. Documentation shall be provided for the continuing education units listed in §§C—F of this regulation as set forth in Regulation .07 of this chapter. C. Continuing Education Unit. (1) In an academic classroom setting in an accredited academic institution, if a course is taken for academic credit, 1 academic credit is equal to 5 continuing education units. (2) In an academic classroom setting in an accredited academic institution, if a course is audited, 1 academic credit is equal to 3 continuing education units. (3) Programs may include the terms “contact hour”, “CEU”, “clock hour”, and “hour” in the description of the course. Any program described with these terms that lasts 60 minutes provides 1 continuing education unit. D. Category I Activities. Of the 40 (30 for Licensed Bachelor Social Workers) required continuing education units: (1) A minimum of 20 (15 for Licensed Bachelor Social Workers) shall be earned; and (2) All may be earned from one or any combination of the following Category I activities provided by a Board-authorized sponsor: (a) A course including, but not limited to, a series of learning experiences with a specific content and offered for credit, noncredit, or audit by an accredited educational institution; (b) A workshop including, but not limited to, a session designed to bring together individuals around a common theme to solve problems and gain new knowledge, skills, and attitudes, with ample opportunity to interact; (c) A seminar including, but not limited to, a group of social workers who meet under expert leadership or a resource individual who conducts a discussion on a specific topic; (d) A symposium including, but not limited to, a presentation or presentations by professional specialists on a particular subject; (e) A conference including, but not limited to, sessions of 1 or more days duration designed to explore a central theme; and (f) Attendance at programs offered at professional or scientific meetings of local, State, regional, national, and international professional or scientific organizations. E. Category II Activities. Of the 40 (30 for Licensed Bachelor Social Workers) required continuing education units, a maximum of 20 (15 for Licensed Bachelor Social Workers) continuing education units may be earned from one or any combination of the following Category II activities: (1) Peer case conferences among licensed social workers and licensed health care professionals designed to promote more effective interventions and advanced practice; (2) Journal or clinical book clubs that meet for at least 1 hour and are organized for the purpose of examining the literature and incorporating in the discussion the application of current literature to social work practice; (3) Preparing and presenting approved face-to-face programs of instruction with 1 hour of preparation or presentation equal to 1 continuing education unit up to a maximum of 12 units per license renewal period; (4) Preparing and presenting a scientific or professional paper at a meeting of a professional or scientific organization with 1 hour of preparation or presentation equal to 1 continuing education unit up to a maximum of 12 units per license renewal period; (5) Authoring a professional publication (including peer-reviewed journals, books, and other professional publications) with 1 hour of authoring equal to 1 continuing education unit earned at the time the publication is published up to a maximum of 12 units per license renewal period; (6) Teaching a social work related course in an academic setting up to a maximum of 12 units per license renewal period; (7) Online learning provided by a Board-authorized sponsor, such as: (a) Digital seminar; (b) Webinar, pre-recorded and non-interactive; (c) Online course; (d) Distance learning; and (e) Home study course; (8) Attending a foreign or sign language course intended to enhance the delivery of social work services up to a maximum of 6 units per license renewal period; and (9) Attending in-service staff development, professional training, and invited in-house speaker sessions including, but not limited to, an educational program planned by an agency to assist employees in becoming knowledgeable of and competent in professional social work practice. #### Regulation .05 Authorized Sponsors and Approval of Continuing Education Programs. *COMAR 10.42.06.05* A. Authorized Sponsors. (1) Authorized sponsors shall offer continuing education programs that meet the objectives set forth in Regulations .01B and .04 of this chapter. (2) The following are authorized sponsors: (a) National, regional, or State accredited academic institutions offering academic courses or programs recognized as acceptable social work curriculum subject areas by the Council on Social Work Education; (b) National, regional, or State social work associations including, but not limited to: (i) Social work licensing boards; (ii) The Association of Social Work Boards; (iii) The National Association of Social Workers; and (iv) Non-social-work professional membership organizations providing programs that are relevant to the professional development of social workers; (c) Maryland State or county government entities that have registered using a Board approved form and attested to: (i) Compliance with all requirements set forth in this chapter; (ii) Employment of Maryland licensed social workers; (iii) Adherence to the objectives set forth in Regulation .01 of this chapter; and (iv) The administration of all continuing education learning activities as required in Regulation .04 of this chapter; (d) Maryland nonprofit organizations that: (i) Meet all of the requirements set forth in §A(2)(c) of this regulation; and (ii) Provide the Board with documentation of current nonprofit status; and (e) International social work associations and accredited academic institutions including, but not limited to: (i) Social work licensing boards which provide programs that foster improvement, advancement, and extension of the social worker’s professional skill, knowledge, and competence; and (ii) Non-social-work organizations providing programs that are relevant to the professional development of social workers. (3) Registration Process. The Board shall issue a notice of authorized sponsor status to a Maryland State or county government entity or Maryland nonprofit organization within 60 days if the applicant: (a) Completes the online Board approved registration form; (b) Submits to the Board all required documentation as set forth in §A(2) of this regulation; and (c) Meets all of the requirements of this regulation. (4) An authorized sponsor shall: (a) Include the following in the program announcement, flyer, or brochure: (i) The date, title, location, objectives, and content of the program; (ii) The number of continuing education units that will be awarded by the sponsor on a certificate awarded to the social worker on completion of the program; (iii) A statement that the named sponsor is authorized by the Board; and (iv) A statement that the named sponsor maintains responsibility for the program; (b) Ensure that a program certificate or letter of completion on official letterhead is provided and includes the following: (i) The name of the social worker; (ii) The date, title, and location of the program; (iii) The number of continuing education units that are being awarded to the social worker on completion of the program only for actual time in attendance; (iv) An authorizing name, signature, and contact information for the person responsible for awarding the certificate or letter of completion; (v) A statement that the named sponsor is authorized by the Board; and (vi) A statement that the named sponsor maintains responsibility for the program; and (c) Maintain documentation of continuing education activity for 4 years, which may include pretests and post-tests, but shall include: (i) Registration and attendance records; (ii) Stated purpose; (iii) Content of presentation; (iv) Time and length of activity; and (v) Participant evaluations. (5) The Board may audit authorized sponsors’ continuing education programs and activities at any time. B. The Board shall establish a committee for continuing education that is responsible for recommending to the Board approval for proposed activities, sponsors, and programs offered by individuals or organizations that come under §A(2) of this regulation. C. The Board shall maintain a roster of authorized sponsors. (1) All authorized sponsors shall inform the Board of a change in any of the following within 60 days of the change: (a) Sponsor name; (b) Primary and secondary contacts; (c) Mailing address; (d) Phone number; (e) Email address; and (f) Dissolution or closure of the entity or organization. (2) Failure to notify the Board of a change as set forth under §C(1) of this regulation may result in withdrawal of authorization as a sponsor. D. Withdrawal of Authorization as a Sponsor. (1) Authorization as a sponsor may be withdrawn from any authorized sponsor that fails to comply with the: (a) Requirements of this regulation; (b) Objectives set forth in Regulation .01 of this chapter; and (c) Criteria set forth in Regulation .04 of this chapter. (2) A sponsor that has had its authorization withdrawn may reapply for authorization by submitting: (a) A written request to the Board; and (b) Documentation that the sponsor is in compliance with the requirements and criteria set forth in this regulation. #### Regulation .06 Reporting, Documenting, and Auditing Compliance with Continuing Education Requirements. *COMAR 10.42.06.06* A. A social worker who has completed the continuing education requirements shall attest to that on a form supplied by the Board as part of the application for license renewal, reinstatement, or reactivation. B. The Board shall audit a percentage of social workers, to be selected by the Board, for each renewal period. C. On request by the Board, a social worker shall provide full documentation of the continuing education units completed in accordance with the requirements of §D of this regulation. D. Documentation. (1) A social worker shall provide to the Board: (a) An official transcript for continuing education units earned in a course taken for academic credit; (b) A certificate of completion for approved programs; (c) If a certificate of completion is not available, the following documentation, which may earn Category II continuing education units: (i) Date, location, and proof of attendance of the program presented; (ii) Names and credentials of the presenters; (iii) Agenda, learning objectives, and topics presented; and (iv) An outline of the presentation; (d) A reprint of the social worker's completed publication; (e) If a certificate of completion is not available for an audiovisual instructional program or a home study course, proof of completion of the program or course, such as a post-test passing score or other satisfactory proof as determined by the Board; (f) Proof of presentations made; and (g) Topics, dates, times, names of participants, location, and continuing education units earned on official letterhead in structured peer-case conferences and journal club activities. (2) If a certificate of completion as required by §D(1) of this regulation is not available, the social worker may not earn Category I continuing education units. E. Record Retention for Active, Expired, or Inactive License. (1) Active Licenses. (a) A social worker with an active license shall retain records documenting completion of continuing education requirements for 3 years after the licensing renewal date for which the report of continuing education was submitted to the Board. (b) The documentation required in §E(1)(a) of this regulation may be requested by the Board at any time within that 3-year period. (2) Expired Licenses. An individual who has an expired, non-renewed license shall: (a) Retain records documenting completion of continuing education requirements for the 2 years immediately preceding the submission of an application for reinstatement; and (b) File with the Board documentation of completion of continuing education units at the time of reinstatement . (3) Inactive Licenses. An individual who has an inactive license shall: (a) Retain records documenting completion of continuing education requirements for the 2 years immediately preceding the submission of an application for reactivation; and (b) File with the Board documentation of completion of continuing education units at the time of reactivation. F. Responsibility for Conducting the Audits. (1) The Board staff or the Board’s designee shall: (a) Review and evaluate the documentation submitted for the purpose of the audits; (b) Notify a social worker by electronic mail or first-class mail if continuing education requirements have not been met; and (c) Report the findings to the Board. (2) The Board may require a social worker to submit a copy of the purpose, objectives, and content areas from the continuing education program. (3) The Board may require a social worker to obtain additional continuing education units if a program is disapproved as a result of a review and evaluation. #### Regulation .07 Consequences of Failure to Comply with Continuing Education Requirements. *COMAR 10.42.06.07* A. The Board shall take disciplinary action under COMAR 10.42.04 against any social worker who fraudulently attests to or does not submit continuing education documentation. B. A social worker who fails to complete the continuing education requirements within the time frame specified under Regulation .03 of this chapter may be subject to informal or formal discipline. C. A social worker who fails to meet the continuing education requirements may not be issued a license renewal. D. The Board shall notify a social worker by electronic mail and first-class mail that the license has not been renewed if the following has occurred: (1) The Board has not received the required certification of completion of continuing education requirements by October 31 of the renewal year; (2) Continuing education requirements have not been met; or (3) The social worker has not responded to audit requirements within the time required. E. The Board shall close an application that is not approved after 1 year from date of receipt. #### Regulation .08 Reinstatement of Licenses. *COMAR 10.42.06.08* An individual whose license has not been renewed is entitled to reinstatement within 5 years if the following is completed on or before October 31 of the 5th year after the date the license expired: A. All required documentation is submitted and approved by the Board; B. The reinstatement fee established by the Board is paid, as provided in COMAR 10.42.05.02; and C. The individual has met all continuing education requirements by obtaining 40 (30 for Licensed Bachelor Social Workers) continuing education units in the 2 years preceding the individual’s application for reinstatement. #### Regulation .09 Reactivation of Licenses. *COMAR 10.42.06.09* An individual whose license was placed on inactive status is entitled to reactivation within 5 years if the following is completed on or before October 31 of the 5th year after the date the license was placed on inactive status: A. All required documentation is submitted and approved by the Board; B. The reactivation fee established by the Board is paid, as provided in COMAR 10.42.05.02; and C. The individual has met all continuing education requirements by obtaining 40 (30 for Licensed Bachelor Social Workers) continuing education units in the 2 years preceding the individual’s application for reactivation. #### Regulation .10 Extension of Time. *COMAR 10.42.06.10* A. An actively licensed social worker may file a request to extend time and conditionally renew a license. The request shall: (1) Be in writing; (2) Include supporting documentation; and (3) Be filed before October 1 of the renewal year. B. The Board shall consider and render a decision on the request within 21 days of receiving the written request. C. The Board may grant an extension of time and conditionally renew an active social work license for up to 6 months if the Board determines that: (1) Failure to fulfill the requirements is a result of: (a) Functional impairment or prolonged illness that has been diagnosed by a health care practitioner; (b) Mandatory military service or deployment; (c) A prolonged absence from the United States; (d) An officially declared State of Emergency or disaster; or (e) Financial hardship; and (2) The social worker attempted to meet the continuing education requirements. D. Failure of a social worker with an active license to obtain the required continuing education units on or before the 6-month extension expires shall result in: (1) The expiration of the license; (2) The social worker’s inability to practice social work in Maryland; and (3) The Board placing the license on non-renewed status. E. Continuing education hours earned after October 31 of the second year to fulfill the conditions of an extension may only be credited to the preceding 2-year period. F. The Board shall audit a social worker who has been granted an extension of time under this regulation for the completion of continuing education requirements. #### Regulation .11 Exceptions from Certain Requirements. *COMAR 10.42.06.11* A. Before attending a program, a social worker with an active license requesting an exception from certain requirements of this chapter shall provide: (1) Official documentation that confirms circumstances beyond the control of the social worker because of: (a) A functional impairment or prolonged illness that has been diagnosed by a health care practitioner; (b) Mandatory military service or deployment; (c) A prolonged absence from the United States; (d) An officially declared State of Emergency or disaster; or (e) Financial hardship; (2) Documentation that describes the continuing education programs selected by the social worker considered equivalent to continuing education activities described in this chapter; and (3) An acceptable procedure for documenting the continuing education units. B. The Board shall audit an actively licensed social worker who has been granted an exception from the continuing education requirements. ### Chapter 07 — Compelling Purpose Disclosure **Authority:** General Provisions Article, §4-333; Health Occupations Article, §19-205; Annotated Code of Maryland **Administrative History:** Effective date: April 1, 2002 (29:6 Md. R. 568) #### Regulation .01 Disclosure for Compelling Public Purpose. *COMAR 10.42.07.01* The custodian of the records may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, and may disclose the information if the information concerns: A. Possible criminal activity, and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority; B. A possible violation of law and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation, and the information disclosed is limited to that information relevant to the possible violation by that individual; or C. Conduct by an individual which the custodian of the records reasonably believes may pose a risk to the public health, safety, or welfare, and is disclosed to a law enforcement authority, administrative official, or agency that regulates the individual, or to a hospital or other health care facility where the individual has privileges. #### Regulation .02 Other Disclosures. *COMAR 10.42.07.02* This chapter does not prohibit or limit the ability of the Board to disclose general licensing information under General Provisions Article, §4-333, Annotated Code of Maryland, or any information that the Board may otherwise disclose by law. ### Chapter 08 — Supervision **Authority:** Health Occupations Article, §§19-101—19-502, Annotated Code of Maryland **Administrative History:** Effective date: July 1, 2004 (30:23 Md. R. 1652) **Administrative History:** Regulation .04A, B amended effective September 13, 2004 (31:18 Md. R. 1350) **Administrative History:** Regulation .06A, B amended effective July 19, 2004 (31:14 Md. R. 1078) **Administrative History:** Chapter revised effective December 17, 2007 (34:25 Md. R. 2211) **Administrative History:** Regulation .02B amended effective July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Regulation .04A amended effective July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Regulation .05 amended effective July 31, 2017 (44:15 Md. R. 760) **Administrative History:** Chapter revised effective June 17, 2019 (46:12 Md. R. 544) #### Regulation .01 Scope. *COMAR 10.42.08.01* A. This chapter establishes qualifications and standards for independent practice, supervision and the responsibilities of supervisors and supervisees in the practice of social work. B. This chapter applies to licensees who practice social work in this State, and individuals applying for licensure to practice social work in this State. C. Except as otherwise specified in this chapter, this chapter does not apply to personnel or management practices associated with employment or contractual relationships. D. Nothing in this chapter may be construed to prohibit an: (1) Employer from requiring supervision of a licensed bachelor social worker (LBSW), licensed certified social worker (LCSW), licensed certified social worker-clinical (LCSW-C), or licensed master social worker (LMSW) who is approved to engage in independent practice; or (2) LBSW independent practitioner, LMSW independent practitioner, LCSW, or LCSW-C from providing supervision to licensed social work employees who are not pursuing advanced licensure or independent practitioner designation. #### Regulation .02 Definitions. *COMAR 10.42.08.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Agency” means an entity that employs three or more licensees and for which the licensees practice social work. (2) “Board-approved supervisor” means an LBSW, LCSW, LCSW-C, or LMSW approved by the Board to supervise social workers as set forth in this chapter. (3) Face-to-Face. (a) “Face-to-face” means in the physical presence of or electronic presence of the individuals involved in the supervisory relationship during either individual or group supervision. (b) “Face-to-face” includes: (i) Secure video conferencing; or (ii) Real-time communication with both parties in each other’s physical presence. (c) “Face-to-face” does not include: (i) Telephone supervision; (ii) Written communication via the internet; or (iii) Technological communication that is not visual. (4) “Independent practice” means to practice bachelor social work or master social work without the requirement of supervision by a social worker. (5) “Relative” means a: (a) Spouse; (b) Parent or stepparent; (c) Sibling or stepsibling; (d) Child, stepchild, foster child, or ward; (e) Mother-in-law or father-in-law; (f) Son-in-law or daughter-in-law; (g) Grandparent; (h) Grandchild; (i) Aunt; or (j) Uncle. (6) “Supervision” means a formalized professional relationship between a supervisor and supervisee in which the supervisor directs, monitors, and evaluates the supervisee's social work practice while promoting development of the supervisee's knowledge, skills, and abilities to provide social work services in an ethical and competent manner. (7) “Supervision training” means a course or program designed to provide information regarding the supervision process utilized by social workers in a variety of settings as set forth in Regulation .04B(1) of this chapter. (8) “Written contract” for advanced licensure or independent practice means an agreement, on a form provided by the Board and initiated before beginning supervision, between the supervisee, the Board-approved supervisor and administrator that details the scope of supervision. #### Regulation .03 Requirements for a Board-Approved Social Work Supervisor. *COMAR 10.42.08.03* A. A social worker who intends to provide supervision to a licensed social worker for independent practice: (1) Shall apply to the Board for approval as a Board-approved supervisor; and (2) May continue to provide supervision without Board approval until January 1, 2021. B. A social work supervisor of a licensed social worker who is pursuing advanced licensure shall be Board approved prior to commencing supervision. C. Licensed Bachelor Social Worker. (1) The Board shall approve an application filed by an LBSW to be a Board-approved supervisor that met the requirements set forth in this regulation and in accordance with Regulations .04 and .05 of this chapter. (2) The LBSW applicant for a Board-approved supervisor shall: (a) Obtain independent status in accordance with COMAR 10.42.02.05; (b) Obtain the additional hours of experience as an LBSW in accordance with Regulation .04C(4) of this chapter; (c) File with the Board the supervisory registration form and pay the required fee; (d) Have a license that is unencumbered and without restrictions or conditions due to a disciplinary action for the 5 years preceding application for supervisor status; (e) Meet the training requirement as set forth in Regulation .04B(1) of this chapter; and (f) Be approved as a supervisor by the Board. (3) A bachelor social work supervisor may not supervise a licensed social worker pursuing advanced licensure. D. Licensed Master Social Worker. (1) The Board shall approve an application filed by an LMSW to be a Board-approved supervisor that met the requirements set forth in this regulation and in accordance with Regulations .04 and .05 of this chapter. (2) The LMSW applicant for a Board-approved supervisor shall: (a) Obtain independent status in accordance with COMAR 10.42.02.05; (b) Obtain the additional hours of experience as an LMSW in accordance with COMAR 10.42.02. (c) File with the Board the supervisory registration form and pay the required fee; (d) Have a license that is unencumbered and without restrictions or conditions due to a disciplinary action for the 5 years preceding application for supervisor status; (e) Meet the training requirement as set forth in Regulation .04B(1) of this chapter; and (f) Be approved as a supervisor by the Board. (3) An LMSW supervisor may not supervise a licensed social worker pursuing advanced licensure. E. Licensed Certified Social Worker. (1) The Board shall approve an application filed by an LCSW to be a Board-approved supervisor that met the requirements set forth in this regulation and in accordance with Regulations .04 and .05 of this chapter. (2) The LCSW applicant for Board-approved supervisor shall: (a) Obtain 18 months of active social work experience after obtaining the certified license; (b) File with the Board the supervisory form and pay the required fee; (c) Have a license that is unencumbered and without restrictions or conditions due to a disciplinary action for the 5 years preceding application for supervisor status; (d) Meet the training requirement as set forth in Regulation .04B(1) of this chapter; and (e) Be approved as a supervisor by the Board. (3) An LCSW supervisor may not supervise an LCSW pursuing advanced clinical licensure. F. Licensed Certified Social Worker-Clinical. (1) The Board shall approve an application filed by an LCSW-C to be a Board-approved supervisor that met the requirements set forth in this regulation and in accordance with Regulations .04 and .05 of this chapter. (2) The LCSW-C applicant for Board-approved supervisor shall: (a) Obtain 18 months of active social work experience after obtaining the certified license; (b) File with the Board the supervisory form and pay the required fee; (c) Have a license that is unencumbered and without restrictions or conditions due to a disciplinary action for the 5 years preceding application for supervisor status; (d) Meet the training requirement as set forth in Regulation .04B(1) of this chapter; and (e) Be approved as a supervisor by the Board. #### Regulation .04 Qualifications for a Board-Approved Supervisor. *COMAR 10.42.08.04* A. License. (1) For social workers licensed by the Maryland Board of Social Work Examiners a supervisor shall hold an active license as a: (a) Bachelor Social Worker (LBSW); (b) Certified Social Worker (LCSW); (c) Certified Social Worker-Clinical (LCSW-C); or (d) Masters social worker (LMSW). (2) For social workers licensed by an out-of-State licensing board, a supervisor shall hold an active license comparable to the: (a) Bachelor Social Worker (LBSW); (b) Certified Social Worker (LCSW); (c) Certified Social Worker-Clinical (LCSW-C); or (d) Masters social worker (LMSW). B. Education. (1) Social workers licensed by the Maryland Board of Social Work shall have: (a) One social work graduate course in supervision from a master's degree program accredited by the Council on Social Work Education; (b) 12 hours of agency-sponsored supervision training; or (c) 12 credit hours of continuing education in social work supervision by a Board-authorized sponsor. (2) Social workers licensed as social workers by an out-of-State licensing Board at a level comparable to the LBSW, LCSW, LCSW-C, or LMSW shall: (a) Have the same qualifications under §A(2)(a) of this regulation; and (b) Complete the education requirement within 12 months of obtaining a Maryland LBSW, LCSW, LCSW-C, or LMSW. (3) Supervision training required in Regulation .04B(1) of this chapter shall be obtained in Category I or Category II and may include, but is not limited to: (a) The role and responsibilities of the social work supervisor; (b) The needs of the supervisee, supervisor, and the agency setting while maintaining a clear ethical perspective; (c) The role of the social work supervisor as gatekeeper to the profession; (d) Methods for building effective and appropriate relationships with clients; (e) Methods for group supervision; and (f) Models and modalities for practice intervention. C. Experience. A supervisor shall have completed: (1) 18 months of active social work experience after obtaining an LCSW or LCSW-C; (2) 18 months of active social work experience a s a social worker licensed by an out-of-State licensing board at a level comparable to the LCSW or LCSW-C; (3) 24 months of social work experience as an independent licensed master social worker or its equivalent before obtaining an the LCSW or LCSW-C license or 60 months of social work experience as an LMSW or its equivalent before obtaining an LCSW or LCSW-C license; or (4) 24 months of social work experience as an independent licensed bachelor social worker or its equivalent before obtaining the LCSW or LCSW-C license or 60 months of social work experience as an LBSW or its equivalent before obtaining an LCSW or LCSW-C license. #### Regulation .05 Registration. *COMAR 10.42.08.05* A. A supervisor shall: (1) Have filed with the Board the form designated as the supervisory registration form; (2) Have a license that is unencumbered and without restrictions or conditions due to disciplinary action for the 5 years preceding supervisor status; (3) Have been approved as a supervisor by the Board; and (4) Have established and maintained a written contract, on a form provided by the Board prior to initiating supervision for advanced licensure and independent practice in order to provide supervision with the supervisee. B. A supervisor shall be: (1) An agency-designated supervisor; or (2) An independent supervisor. #### Regulation .06 Standards for Supervision. *COMAR 10.42.08.06* A. A supervisor shall: (1) Supervise only in those areas within the supervisor's competence as determined by education, training, and experience; (2) Provide supervision appropriate to the particular level of licensure being applied for or maintained; (3) Instruct and provide role modeling in the general content areas established in Health Occupations Article, §19-101(m), Annotated Code of Maryland; and (4) Ensure that a supervisee has read and is knowledgeable about Health Occupations Article, Title 19, Annotated Code of Maryland, and COMAR 10.42.01—10.42.08. B. In addition to the requirements of §A of this regulation, the supervisor shall specifically instruct and provide guidance relating to the supervisee's scope of practice of social work under Health Occupations Article, §§19-301 and 19-307, Annotated Code of Maryland, including: (1) Developing skill in recognition of patterns of behavior, based on clients' or patients' capacities and deficits; (2) Understanding and recognizing issues of the helping relationship; (3) Maintaining client or patient confidentiality with respect to privileged communications; (4) Defining boundaries; (5) Setting limits; (6) Recognition of cultural diversity; (7) Assessing the client for risk of imminent danger; (8) Administrative skills; (9) Supervision; and (10) Documentation and record keeping requirements as set forth in Health-General Article, Title 4, Annotated Code of Maryland, and in accordance with COMAR 10.42.03. C. Supervision of Candidates for a Certified Social Worker—Clinical License. In addition to the other requirements of this regulation, the supervisor of a certified social worker-clinical candidate shall instruct and provide guidance in: (1) Appropriate billing practices if applicable to the practice site, including: (a) Establishment and disclosure to clients of: (i) Fees for services; (ii) Payment arrangements; (iii) Payment plans; (iv) Financing services; and (v) Terms and conditions of service; (b) Financial record keeping and disclosure; and (c) Documentation and record keeping requirements as set forth in Health-General Article, Title 4, Annotated Code of Maryland, and in accordance with COMAR 10.42.03. (2) Treatment of mental disorders and other conditions; and (3) The provision of psychotherapy. D. A relative may not provide supervision for a social worker. E. A licensed master social worker in independent practice may provide supervision for bachelor or master social workers under the terms and conditions set forth in Regulations .04 and .05 of this chapter and in accordance with COMAR 10.42.02. F. A licensed bachelor social worker may provide supervision for bachelor social workers under the terms and conditions set forth in Regulations .04 and .05 of this chapter and in accordance with COMAR 10.42.02. #### Regulation .07 Responsibilities of a Supervisor. *COMAR 10.42.08.07* A. A social work supervisor shall be Board-approved before providing supervision to licensed social workers for advanced practice or independent practice. B. A Board-approved supervisor shall remain knowledgeable of the statutes and regulations as set forth in Health Occupations Article, Title 19, Annotated Code of Maryland and COMAR 10.42.01—10.42.09. C. A supervisor shall: (1) Ensure that a supervisee is practicing within the scope of the supervisee's license; (2) Determine the skill level at which the supervisee may practice; (3) Focus on raw data from the supervisee's social work practice; (4) Maintain documentation, for at least 5 years, of the supervisory sessions, including the dates, duration, and focus of the supervisory sessions; (5) Provide or ensure that a supervisee receives a minimum of 3 hours of face-to-face supervision per month or 1 hour of face-to-face supervision for every 40 hours worked; (6) Ensure that a supervisee has read and is knowledgeable about Health Occupations Article, Title 19, Annotated Code of Maryland, and COMAR 10.42.01—10.42.09; (7) Within a reasonable period of time before termination of supervision, provide the supervisee and employer with a notice of termination to avoid or minimize any harmful effect on the supervisee's clients or patients; (8) At the time of license renewal, demonstrate to the Board completion of 3 of the required Category I or Category II continuing education units in a content area focusing on supervision training as stipulated in Regulation .04A(2)(c) of this chapter; (9) Establish a written contract, on the form provided by the Board, for advanced licensure or independent practice, initiated before beginning supervision; (10) Provide for emergency supervision and direction to a supervisee by a Board-approved supervisor; (11) Complete the supervision verification form; (12) Provide a written evaluation of the supervisee's progress to the supervisee every 6 months; (13) Provide a copy of the documentation required by Regulation .04 of this chapter: (a) On request by the supervisee; and (b) On request, by the Board or its authorized agent; and (14) Comply with a Board audit of a supervisor's compliance with regard to the supervision requirements and supervisory responsibilities. #### Regulation .08 Responsibilities of a Supervisee. *COMAR 10.42.08.08* A. A supervisee shall: (1) Receive social work supervision for social work practice as set forth in Health Occupations Article, §19-101, Annotated Code of Maryland; (2) Receive a minimum of 3 hours of face-to-face supervision per month or 1 hour of face-to-face supervision for every 40 hours worked; (3) Prepare for supervision using case materials related to the supervisee's social work practice; (4) Maintain documentation, for at least 5 years, of the supervisory sessions, including the dates, duration, and focus of the supervisory sessions; (5) Establish a written contract, on a form provided by the Board, for advanced licensure or independent practice, initiated before beginning supervision; and (6) Attend and participate in supervision as agreed upon in the written contract for advanced licensure or independent practice. B. A supervisee may contract for supervision outside of the employment setting as approved by the agency administrator. #### Regulation .09 Group Supervision for Advanced Licensure. *COMAR 10.42.08.09* A. Group supervision is an optional form of supervision and may not be used as the sole form of supervision. B. Only half of the required hours of supervision may be obtained from group supervision. C. The group supervisor shall provide supervision to not more than six supervisees at any time. D. A group supervisor shall comply with the requirements of this chapter. #### Regulation .10 Status of Independent Practice. *COMAR 10.42.08.10* The Board shall maintain an indication that the licensee is approved for independent practice on its roster of licensees on the web site. #### Regulation .11 Status of Board-Approved Supervisor. *COMAR 10.42.08.11* The Board shall maintain an indication that the licensee is a Board-approved supervisor on its roster of licensees on the web site. ### Chapter 09 — Disciplinary Sanctions and Monetary Penalties **Authority:** Health Occupations Article, §§19-311 and 19-311.1, Annotated Code of Maryland **Administrative History:** Effective date: March 19, 2012 (39:5 Md. R. 383) **Administrative History:** Regulation .01 amended effective June 17, 2019 (46:12 Md. R. 544) **Administrative History:** Regulation .04A amended effective June 17, 2019 (46:12 Md. R. 544) **Administrative History:** Regulation .07 adopted effective June 17, 2019 (46:12 Md. R. 544) #### Regulation .01 Scope. *COMAR 10.42.09.01* This chapter establishes standards for sanctions and monetary penalties not exceeding $10,000 against any social worker in the State if, after a hearing, the Board finds that there are grounds under Health Occupations Article, §19-311.1, Annotated Code of Maryland, to impose a sanction or monetary penalty. #### Regulation .02 Definitions. *COMAR 10.42.09.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Board” means the State Board of Social Work Examiners. (2) “License” means a license issued by the Board to practice social work. (3) “Licensee” means a social worker who is licensed by the Board to practice social work. (4) “Penalty” means monetary penalty. (5) “Sanction” means a formal disciplinary action against a license such as a reprimand, probation, suspension or revocation. #### Regulation .03 Imposition of a Penalty after a Hearing. *COMAR 10.42.09.03* If, after a hearing under Health Occupations Article, §19-312, Annotated Code of Maryland, the Board finds that there are grounds under Health Occupations Article, §19-311, Annotated Code of Maryland, to suspend or revoke a license, the Board may impose a penalty as set forth in this chapter: A. Instead of, or in addition to, suspending the license; or B. In addition to revoking the license. #### Regulation .04 Guidelines for Disciplinary Sanctions and Imposition of Penalties. *COMAR 10.42.09.04* A. Subject to the provisions of this section, the Board may impose sanctions and penalties for violations of the Maryland Social Workers Act, Health Occupations Article, §19-311, Annotated Code of Maryland, and according to the guidelines set forth in the following chart: B. If a licensee is found in violation of more than one category enumerated in this chapter, the category or categories containing the highest maximum sanction and penalty shall prevail. C. Notwithstanding the guidelines set forth in this chapter, in order to resolve a pending disciplinary action, the Board and licensee may agree to a surrender of license or a consent order with terms, sanction, and penalty agreed to by the Board and the licensee. D. A departure from the guidelines set forth in this chapter alone is not grounds for any hearing or appeal of a Board action. #### Regulation .05 Mitigating and Aggravating Factors to be Considered in the Assessment of the Sanction. *COMAR 10.42.09.05* Depending on the facts and circumstances of each case, and to the extent that they apply, the Board may consider the following aggravating and mitigating factors in determining whether the sanction in a particular case should fall outside the range of sanctions established by the guidelines. These factors may include, but are not limited to, the following: A. Mitigating Factors: (1) The licensee’s lack of a prior disciplinary record; (2) The licensee self-reported the violation to the Board; (3) The licensee’s full and voluntary admissions of misconduct to the Board and cooperation during Board proceedings; (4) Implementation of remedial measures to correct or mitigate harm arising from the misconduct; (5) Timely good-faith effort to make restitution or to rectify consequences of misconduct; (6) Evidence of rehabilitation or rehabilitative potential; (7) Absence of premeditation to commit the misconduct; (8) Absence of potential harm to public or adverse impact; and (9) The licensee’s conduct was an isolated incident and not likely to recur. B. Aggravating Factors: (1) The licensee has a previous criminal or administrative disciplinary history; (2) The violation was committed deliberately or with gross negligence or recklessness; (3) The violation had the potential for, or caused, serious patient or public harm; (4) The violation was part of a pattern of detrimental conduct; (5) The licensee was motivated to perform the violation for financial gain; (6) The vulnerability of the clients; (7) The licensee lacked insight into the wrongfulness of the conduct; (8) The licensee committed the violation under the guise of treatment; and (9) Previous attempts at rehabilitation of the licensee were unsuccessful. C. The existence of one or more of these factors does not impose on the Board or an Administrative Law Judge any requirement to articulate its reasoning for not exercising its discretion to impose a sanction outside of the range of sanctions set forth in this chapter. D. Nothing in this regulation requires the Board or an Administrative Law Judge to make findings of fact with respect to any of these factors. #### Regulation .06 Payment of Penalty. *COMAR 10.42.09.06* A. A licensee shall pay to the Board a penalty imposed under this chapter as of the date the Board's order is issued, unless the Board's order specifies otherwise. B. Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, or Health Occupations Article, §19-313, Annotated Code of Maryland, does not automatically stay payment of a penalty imposed by the Board under this chapter. C. If a licensee fails to pay, in whole or in part, a penalty imposed by the Board under this chapter, the Board may not restore, reinstate, or renew a license until the penalty has been paid in full. D. In its discretion, the Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings to ensure prompt payment. E. The Board shall pay all monies collected under this chapter into the State's General Fund. #### Regulation .07 Civil Fines. *COMAR 10.42.09.07* A. The Board may impose a civil fine of no less than $1,000 and no more than $50,000 against an individual who: (1) Practices social work without a license in violation of Health Occupations Article, §19-311, Annotated Code of Maryland: or (2) Misrepresents or implies to the public use of protected titles in violation of Health Occupations Article, §19-402, Annotated Code of Maryland. B. Factors to be used in determining the amount of the fine may include, but are not limited to, the following: (1) The extent to which the individual derived any financial benefit from the unauthorized practice or misrepresentation of title; (2) The willfulness of the unauthorized practice or misrepresentation of title; (3) Actual or potential harm caused by the unauthorized practice or misrepresentation of title; (4) The cost of the investigation; and (5) The length of time in which the individual engaged in the unauthorized practice or misrepresentation of title. ### Chapter 10 — Teletherapy **Authority:** Health-General Article, §15-141.2; Health Occupations Article, §§1-901—1-903 and 1-1001— 1-1006; Insurance Article, §15-139, Annotated Code of Maryland **Administrative History:** Effective date: October 7, 2019 (46:20 Md. R. 844) **Administrative History:** Regulation .01 amended effective September 18, 2023 (50:18 Md. R. 797) **Administrative History:** Regulation .02B amended effective September 18, 2023 (50:18 Md. R. 797) **Administrative History:** Regulation .03 amended effective September 18, 2023 (50:18 Md. R. 797) **Administrative History:** Regulation .04 amended effective September 18, 2023 (50:18 Md. R. 797) **Administrative History:** Regulation .05 amended effective September 18, 2023 (50:18 Md. R. 797) **Administrative History:** Regulation .06 amended effective September 18, 2023 (50:18 Md. R. 797) #### Regulation .01 Scope. *COMAR 10.42.10.01* A. This chapter governs the practice of social work using teletherapy as an adjunct to, or replacement for, in-person client visits. B. Nothing in this chapter restricts or limits reimbursement requirements pursuant to the Health-General Article and Insurance Article, Annotated Code of Maryland. #### Regulation .02 Definitions. *COMAR 10.42.10.02* A. In this chapter, the following terms have the meanings indicated. B. Terms Defined. (1) “Asynchronous” means not occurring in real time. (2) “Board” means the Maryland Board of Social Work Examiners. (3) “Client” means the individual, couple, family, group, business, agency, school, organization, or association that the licensed social worker provides, or has provided, with professional services. (4) “In-person” means within the physical presence of the client. (5) “Synchronous” means occurring in real time. (6) “Teletherapy” means telehealth as defined in Health Occupations Article, §1-901, Annotated Code of Maryland. (7) “Teletherapy practitioner” means a Maryland licensed social worker performing teletherapy services within their respective scope of practice. #### Regulation .03 Licensure. *COMAR 10.42.10.03* Subject to the provisions of Health Occupations Article, Title 19, Subtitle 3, Annotated Code of Maryland, in order to practice teletherapy a teletherapy practitioner shall be licensed in Maryland when providing teletherapy services to a client located in the State. #### Regulation .04 Standards of Practice for Teletherapy. *COMAR 10.42.10.04* A. Before providing teletherapy services, a teletherapy practitioner shall develop and follow a procedure to: (1) Verify the identification of the client receiving teletherapy services through the use of: (a) A government issued photograph identification; (b) An insurance, Medicaid, or Medicare card; or (c) Documentation of the client’s: (i) Date of birth; and (ii) Home address; (2) For an initial client-telehealth practitioner encounter, disclose the teletherapy practitioner’s: (a) Name; (b) Maryland license number and type; and (c) Contact information; (3) Obtain oral or written informed consent from a client or a client’s parent or guardian if State law requires the consent of a parent or guardian, including informing clients of the risks, opportunities, and obligations associated with services available to the client; (4) Securely collect and transmit a client’s clinical data and self-reported medical history, as necessary, and prevent access to data by unauthorized persons through encryption, or other means; (5) Notify clients in the event of a data breach; (6) Ensure that the teletherapy practitioner provides a secure and private communication modality and complies with federal and State privacy laws; and (7) Establish safety protocols to be used in the case of an emergency, including contact information for emergency services at the client’s location. B. Except when providing asynchronous teletherapy services, a teletherapy practitioner shall: (1) Obtain or confirm an alternative method of contacting the client in case of a technological failure; (2) Confirm whether the client is in Maryland and identify the client’s specific location; and (3) Identify all individuals present at each location and confirm they are permitted to hear the client’s health information. C. A teletherapy practitioner shall be held to the same standards of practice and documentation as those applicable for in-person social work practice sessions. #### Regulation .05 Client Evaluation. *COMAR 10.42.10.05* A. A teletherapy practitioner shall: (1) Perform a synchronous or asynchronous clinical client evaluation that is appropriate for the client and the condition with which the client presents before providing treatment or services through teletherapy; and (2) If clinically appropriate for the client, provide or refer a client to: (a) In-person treatment; or (b) Another type of teletherapy service. B. A teletherapy practitioner may not treat a client based solely on an online questionnaire. #### Regulation .06 Teletherapy Practitioner Discipline. *COMAR 10.42.10.06* A. The Board shall use the same standards in evaluating and investigating a complaint and disciplining a licensee who practices teletherapy as it would use for a licensee who does not use teletherapy technology in the licensee’s practice. B. The failure of a teletherapy practitioner to comply with this chapter shall constitute unprofessional conduct and may be subject to disciplinary action by the Board.