# COMAR Title 10 — Maryland Department of Health

## Subtitle 57 — Board for the Certification of Residential Child Care Program Professionals

### Chapter 01 — Definitions

**Authority:** Health Occupations Article, §§20-101 and 20-205, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Regulation .01B amended effective April 19, 2010 (37:8 Md. R. 617); September 14, 2015 (42:18 Md. R. 1175); November 7, 2016 (43:22 Md. R. 1223)

#### Regulation .01 Definitions.

*COMAR 10.57.01.01*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Acting program administrator” means an individual approved by the Board to practice as an interim residential child care program administrator for 180 days unless the time period is extended by the Board.

  (2) “Automatic sponsor” means an organization that is not required to apply to the Board for approval of sponsorship of continuing education.

  (3) “Authorized sponsor” means an organization or individual that has been approved by the Board to provide continuing education programs.

  (4) “Board” means the State Board for the Certification of Residential Child Care Program Professionals.

  (5) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

  (6) “Certificate” means a certificate issued by the Board to practice as a:

    (a) Certified residential child care program administrator; or

    (b) Certified residential child and youth care practitioner.

  (7) “Certified program administrator” means an individual who is:

    (a) Certified by the Board; and

    (b) Responsible for the day-to-day management and operation of a residential child care program and for assuring the care, treatment, safety, and protection of children.

  (8) Certified Residential Child and Youth Care Practitioner.

    (a) “Certified residential child and youth care practitioner” means an individual who is:

      (i) Certified by the Board; and

      (ii) Assigned to perform the direct responsibilities related to activities of daily living, self-help, and socialization skills in a residential child care program under the direction of a certified program administrator.

    (b) “Certified residential child and youth care practitioner” does not include an individual assigned to perform the direct responsibilities related to activities of daily living, self-help, and socialization skills in a residential child care program licensed by the Developmental Disabilities Administration.

  (9) “Chief Administrator” means the individual, regardless of title, who is appointed by the governing body of a residential child care program as having the responsibility for the overall administration of the program.

  (10) “Child protective services background clearance” means a search by a local department of social services of a central registry established under Family Law Article, Title 5, Subtitle 7, Annotated Code of Maryland, for information about child abuse and neglect investigations relating to an individual.

  (11) “Client” means children and youth placed in the residential child care program.

  (12) “Completed application” means an application submitted to the Board that contains sufficient information for the Board to make a decision on the application.

  (13) “Continuing education” means additional professional education by means of undergraduate or postgraduate studies, institutes, seminars, lectures, conferences, workshops, or other forms of continuing professional education approved by the Board.

  (14) “Continuing education unit” means a certified program administrator or certified residential child and youth care practitioner participation for 1 hour in an approved continuing education experience.

  (15) “Day-to-day management and operation” means the overall responsibility for the operation of a residential child care program as described in COMAR 10.57.02.01C.

  (16) “Delinquent” means the failure by a certificate holder to pay all undisputed taxes and unemployment insurance contributions, as determined by the Office of the Comptroller or the Secretary of Labor, that are payable to the Office of the Comptroller or the Secretary of Labor, in a manner satisfactory to the unit of the State responsible for collection of the payment.

  (17) “Examination” means a written test given or approved by the Board.

  (18) Human Service Field.

    (a) “Human service field” means, in the context of certification as a program administrator, having experience:

      (i) As a human service professional as defined in COMAR 14.31.06.03B;

      (ii) Serving children detained, committed, or under the jurisdiction of the Department of Juvenile Services; or

      (iii) Serving children in residential child care programs under the jurisdiction of the Department of Human Services or the Maryland Department of Health.

    (b) “Human service field” means, in the context of certification as a residential child and youth care practitioner, having experience:

      (i) As a human service professional defined in COMAR 14.31.06.03B; or

      (ii) Performing the direct responsibilities related to activities of daily living, self-help and socialization skills for children in a residential child care.

  (19) “Human service portfolio” means evidence provided to the Board on a form required by the Board documenting human service experience and mastery of core competencies as described in COMAR 10.57.03.

  (20) “Inappropriate sexual language” means:

    (a) A sexualized harassing comment;

    (b) An eroticized or sexually provocative comment not reasonably associated with a health care matter; or

    (c) An inappropriate discussion of a sexually related matter.

  (21) “Licensing authority” means the department of State government that issued the residential child care program's license to operate in the State.

  (22) “Practice of residential child care administration” means the exercise of final authority of any act or the making of any decision involved in the planning, organizing, directing, or controlling of the day-to-day operation of a residential child care program.

  (23) “Renewal certificate” means any certificate granted by the Board for the period immediately after a period for which the individual previously possessed the same or a substantially similar certificate.

  (24) “Renewal date” means the date upon which the certificate expires, as specified in the notice sent to the certified program administrator by the Board in accordance with Health Occupations Article, §20-310(a), Annotated Code of Maryland.

  (25) “Renewal period” means the 2-year period immediately before the renewal date.

  (26) Residential Child Care Program.

    (a) “Residential child care program” means an entity that provides care for children 24 hours per day within a structured set of services and activities that:

      (i) Are designed to achieve specific objectives relative to the needs of the children served; and

      (ii) Include the provision of food, clothing, shelter, education, social services, health, mental health, recreation, or any combination of those services and activities.

    (b) “Residential child care program” includes the residential child care programs identified in COMAR 14.31.06.02A and licensed by the:

      (i) Department of Human Services;

      (ii) Maryland Department of Health; and

      (iii) Department of Juvenile Services.

    (c) “Residential child care program” does not include the individuals or programs identified in COMAR 14.31.06.02C.

  (27) “Residential child care supervisor” means an individual:

    (a) That provides supervision to a residential child care practitioner; and

    (b) Who is certified as either a residential child care program administrator or residential child and youth care practitioner.

  (28) “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.

  (29) “Sexual exploitation” means a situation in which the certified individual takes advantage of the unequal relationship between the certified residential child care program administrator or residential child and youth care practitioner and client or supervisee to obtain sexual favors.

  (30) “Sexual harassment” means deliberate or repeated comment, advance, gesture, solicitation, request, or physical contact of a sexual nature.

  (31) “Supervisee” means the individual to whom the certified residential child care program administrator or residential child and youth care practitioner provides professional, educational, or administrative supervision or direction.

  (32) “Supervisory or administrative capacity” means having the shared responsibility for implementing the operation of a program(s) and supervising at least 1 member of staff as described in COMAR 10.57.02.02B.

  (33) “Therapeutic deception” means a representation by the certified individual that sexual contact or sexual activity by or with the client is consistent with or part of the client's treatment.

  (34) “Tiered certification” means the Board’s process and the requirements that provide for an individual to become certified as a residential child and youth care practitioner.

  (35) “Verification” means a written or electronic notification created by the unit of the State responsible for collection of taxes or unemployment insurance contributions attesting that the renewal applicant is no longer delinquent.

### Chapter 02 — Certification — Residential Child Care Program Administrators

**Authority:** Health Occupations Article, §§20-205, 20-301, 20-302, 20-303, 20-305—20-307, 20-310, 20-311, and 20-404, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.06 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Chapter revised effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Chapter revised effective November 7, 2016 (43:22 Md. R. 1223)

**Administrative History:** Regulation .01 amended effective December 27, 2021 (48:26 Md. R. 1112)

**Administrative History:** Regulation .04 amended effective December 31, 2018 (45:26 Md. R. 1246)

**Administrative History:** Regulation .04B, D amended effective October 13, 2025 (52:20 Md. R. 1002)

**Administrative History:** Regulation .05A, B amended effective October 13, 2025 (52:20 Md. R. 1002)

**Administrative History:** Regulation .05D adopted effective December 31, 2018 (45:26 Md. R. 1246)

**Administrative History:** Regulation .07 amended effective October 13, 2025 (52:20 Md. R. 1002)

#### Regulation .01 Application Procedures.

*COMAR 10.57.02.01*

A. In order to obtain a certificate as a residential child care program administrator, the applicant shall submit to the Board:

  (1) An application on the form provided by the Board;

  (2) The application fee set forth in COMAR 10.57.07;

  (3) Independent written verification from the applicant’s employer or employers describing the nature and duration of the applicant’s experience in the human service field;

  (4) A certified copy of a transcript with a school seal from an accredited college or university to document the receipt of a baccalaureate or master's degree; and

  (5) Evidence that the applicant:

    (a) Is of good moral character;

    (b) Has completed a State and national criminal history records check;

    (c) Unless waived in accordance with Health Occupations Article, §20–303(d), Annotated Code of Maryland, has submitted to a child protective services background clearance;

    (d) Meets the requirements of Regulations .02 and .03 of this chapter;

    (e) Is 21 years old or older; and

    (f) Is responsible for the day-to-day management and operation of a residential child care program.

B. Experience Required in §A(3) of this Regulation.

  (1) At least one employment verification under §A(3) of this regulation shall be provided by a present or former supervisor.

  (2) For individuals who are in a leadership role of a residential child care program and do not have a supervisor, an employment verification from the program's Chief Administrator or other appropriate program authority is sufficient to meet this requirement.

  (3) Employment verification shall be submitted to the Board:

    (a) On the form provided by the Board; and

    (b) In a sealed envelope that is signed by the writer on the back of the envelope over the seal.

C. Day-to-day management and operation of a residential child care program required in §A(5)(f) of this regulation includes, but is not limited to:

  (1) Administering, directing, or managing the residential child care program to ensure that the basic needs of the child are met;

  (2) Recruiting, hiring, training, and supervising staff;

  (3) Developing and implementing an appropriate staffing plan based upon the needs of the children in the residential child care program and in accordance with applicable laws and regulations;

  (4) Coordinating, supervising, and implementing the services provided to ensure the child has access to appropriate medical, psychosocial and educational services as established in the child's service plan;

  (5) Maintaining records in a manner that conforms to the requirements of this chapter and other applicable laws and regulations;

  (6) Monitoring the quality of services provided by the residential child care program; and

  (7) Ensuring that all requirements of this chapter and other applicable laws and regulations are met.

D. The Board may not consider an application completed until it has received all required materials.

E. An applicant shall be responsible for the payment of any costs required to obtain supporting documentation for an application.

F. Incomplete Applications.

  (1) If an incomplete application is submitted to the Board, the Board shall notify the applicant within 30 days after the receipt of an incomplete application of the materials that are required.

  (2) If the applicant fails to provide the required documentation within 120 days, the Board may:

    (a) Administratively close the application; or

    (b) Deny the application, pursuant to Regulation .04E of this chapter.

  (3) An applicant whose application is administratively closed or denied may reapply and submit with the new application proof of compliance with:

    (a) This subtitle; and

    (b) Health Occupations Article, Title 20, Annotated Code of Maryland.

  (4) An applicant whose application has been denied shall disclose on future applications that the applicant had been denied certification.

#### Regulation .02 Academic and Experience Requirements.

*COMAR 10.57.02.02*

A. Degrees and Experience. For certification as a certified program administrator, an applicant shall submit proof of one of the following to the Board:

  (1) Receipt of a baccalaureate degree from an accredited college or university and 4 years experience in the human service field with at least 3 years in a supervisory or administrative capacity; or

  (2) Receipt of a master's degree from an accredited college or university and 2 years experience in the human service field with at least 1 year in a supervisory or administrative capacity.

B. Supervisory or Administrative Capacity Required in §A of this regulation.

  (1) Supervisory or administrative capacity required under §A of this regulation includes the responsibility for hiring, assigning duties, disciplining and rewarding, approving leave requests, and formally evaluating.

  (2) Experience within the following settings may not be considered supervisory or administrative capacity experience:

    (a) Child placing agency;

    (b) Child placing institutional experience;

    (c) Foster parenting; and

    (d) Serving as a caregiver in a foster home.

  (3) Experience shall be obtained within 10 years before the application date.

C. Review of Foreign Credentials. An applicant shall:

  (1) Provide proof of equivalency of the applicant's educational credentials to a baccalaureate degree or master's degree awarded from an accredited college or university in the United States; and

  (2) Submit their educational credentials at the applicant's expense to an educational evaluation agency approved by the Board with the request that the evaluation report be sent directly to the Board.

#### Regulation .03 Examination Procedures.

*COMAR 10.57.02.03*

A. Unless waived by the Board as provided in §D of this regulation, an applicant shall pass a Board-approved written examination before certification.

B. A minimum passing score of 75 percent is required on the examination.

C. In order to qualify for certification, an applicant shall pass the examination within 3 years of the first time the applicant takes the examination.

D. Waiver of Examination. The Board may waive the examination requirement for an applicant who:

  (1) Pays the application fee as provided in COMAR 10.57.07;

  (2) Is certified as a program administrator in any other state that the Board determines has a comparable certification process; and

  (3) Provides adequate evidence that:

    (a) At the time the applicant was certified in the other state, the applicant was qualified to take the examination that then was required by the laws of this State;

    (b) The applicant qualified for a certificate in the other state by passing an examination given in that or any other state;

    (c) The applicant has completed a State and national criminal history records check; and

    (d) Unless waived by the Board in accordance with Health Occupations Article, §20–303(d), Annotated Code of Maryland, the applicant has submitted to a child protective services background clearance.

E. Reexamination.

  (1) An applicant who fails the examination:

    (a) May retake the examination three times within the 12-month period after a failed examination; and

    (b) May not retake the examination within 6-months of failing the examination for the third time.

  (2) Before or on the day of the repeat examination, the applicant shall pay to the Board the examination fee as established in COMAR 10.57.07.

  (3) An applicant may request a waiver of the 6-month waiting period after failure of the third examination upon proof of exceptional circumstances.

F. Applicants Requiring Special Accommodation.

  (1) An applicant with a disability may request modifications in examination materials or procedures.

  (2) The applicant shall make the request for modification in writing and include in the request the following:

    (a) The applicant's name;

    (b) The date of the examination to be modified; and

    (c) A letter from the appropriate licensed professional which:

      (i) Confirms the disability; and

      (ii) Provides information describing the accommodations required.

  (3) Requests for modification and supporting documentation shall be received by the application deadline.

#### Regulation .04 Action on Application.

*COMAR 10.57.02.04*

A. Criminal History Record Information.

  (1) Upon receipt of an applicant’s criminal history records information in accordance with Health Occupations Article, §20-303, Annotated Code of Maryland, the Board shall consider the following factors in determining whether to grant a certificate:

    (a) The age at which the crime was committed;

    (b) The circumstances surrounding the crime;

    (c) The length of time that has passed since the crime;

    (d) Subsequent work history;

    (e) Employment and character references; and

    (f) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

  (2) The Board may not issue a certificate if the criminal history record information required under Health Occupations Article, §20-303, Annotated Code of Maryland, has not been received.

B. Upon review of a completed application, the Board shall:

  (1) Notify the applicant that the applicant is:

    (a) Approved for certification; and

    (b) Qualified to take the examination; or

  (2) Deny certification.

C. Denial of Applications.

  (1) The Board may deny certification if the applicant has:

    (a) Not completed the academic and experience requirements in Regulation .02 of this chapter;

    (b) Failed the examination requirements in Regulation .03 of this chapter;

    (c) Failed to remit a fee;

    (d) Failed to properly complete the application form;

    (e) Violated Health Occupations Article, Title 20, Annotated Code of Maryland, or any provision of this subtitle; or

    (f) Been shown to have a lack of good moral character.

  (2) If the Board denies certification under §E(1)(e) or (f) of this regulation, the Board or the Board's designee shall:

    (a) Provide the applicant written notification of the Board's intent to deny and the basis for that denial; and

    (b) Notify the applicant of the applicant's right to request a formal hearing to appeal the denial.

  (3) An applicant whose certification has been denied may reapply and shall submit with the new application proof of compliance with:

    (a) This subtitle; and

    (b) Health Occupations Article, Title 20, Annotated Code of Maryland.

D. Issuance of Certificate.

  (1) If the Board approves an applicant for certification and the applicant passes the State Standards Examination, the Board shall:

    (a) Send the applicant a notice specifying that the applicant has qualified for a certificate; and

    (b) Issue a certificate, available online, to the applicant.

  (2) The Board shall include on each certificate the:

    (a) Full name of the certificate holder; and

    (b) Serial number assigned by the Board.

#### Regulation .05 Expiration and Renewal.

*COMAR 10.57.02.05*

A. Unless the Board suspends or revokes the certificate, the certification is effective for up to 2 years from the date issued and authorizes the individual to administer a residential child care program.

B. At least 1 month before the certificate expires, the Board shall send to the certified program administrator, by electronic means or first-class mail to the last known electronic or physical address, a renewal notice that states:

  (1) The date on which the current certificate expires;

  (2) The date by which the renewal application shall be received by the Board for the renewal to be issued; and

  (3) The amount of the renewal fee.

C. The Board shall renew the certificate of a certified program administrator who:

  (1) Otherwise is entitled to obtain a certificate;

  (2) Pays to the Board a renewal fee set by the Board; and

  (3) Submits to the Board:

    (a) A renewal application on a form that the Board requires;

    (b) Satisfactory evidence of compliance with any continuing education and other qualifications and requirements set by the Board.

    (c) Unless waived by the Board in accordance with Health Occupations Article, §20-310(f), Annotated Code of Maryland, evidence of application for a child protective services background clearance; and

    (d) Evidence of having submitted to a State and national criminal history records check conducted by the Central Repository.

D. Criminal History Record Information.

  (1) Upon receipt of an applicant’s criminal history records information in accordance with Health Occupations Article, §20-303, Annotated Code of Maryland, the Board shall consider the following factors in determining whether to grant a certificate:

    (a) The age at which the crime was committed;

    (b) The circumstances surrounding the crime;

    (c) The length of time that has passed since the crime;

    (d) Subsequent work history;

    (e) Employment and character references; and

    (f) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

  (2) The Board may not issue a certificate if the criminal history record information required under Health Occupations Article, §20-303, Annotated Code of Maryland, has not been received.

#### Regulation .06 Reinstatement.

*COMAR 10.57.02.06*

A. The Board shall reinstate the certificate of a program administrator who has failed to renew the certificate for any reason, if the individual:

  (1) Has not had the certificate suspended or revoked;

  (2) Meets the renewal requirements in Regulation .05 of this chapter;

  (3) Pays to the Board the reinstatement fee set by the Board;

  (4) Submits to the Board:

    (a) 40 continuing education units taken within the last 2 years;

    (b) Evidence of having submitted to a State and national criminal history records check conducted by the Central Repository; and

    (c) Unless waived by the Board in accordance with Health Occupations Article, §20-311(c), Annotated Code of Maryland, evidence of application for a child protective services background clearance; and

  (5) Applies to the Board for reinstatement of the certificate within 5 years after the certificate expires.

B. The Board may not reinstate the certificate of a program administrator who fails to apply for reinstatement of the certificate within 5 years after the certificate expires. However, the program administrator may be certified by meeting the current requirements for obtaining a new certificate under this subtitle.

#### Regulation .07 Duplicate or Corrected Certificate.

*COMAR 10.57.02.07*

The Board shall issue a duplicate certificate, electronically, to the certificate holder if:

A. The certificate holder has a change of name and does the following:

  (1) Makes the request to the Board in writing on the form provided by the Board; and

  (2) Provides appropriate legal documentation of the change; or

B. The Board, as a result of its error, issues an incorrect certificate and the certificate holder:

  (1) Notifies the Board in writing within 6 weeks of discovery of the incorrect certificate; or

  (2) Does not receive electronic verification of the certificate within 6 weeks of issuance and provides a statement to the Board attesting to the unavailability of the certificate online within 4 months of the date the certificate was issued by the Board.

#### Regulation .08 Resignation, Removal, or Death of a Program Administrator.

*COMAR 10.57.02.08*

A. If a program administrator resigns or is removed from a position as a program administrator by death or for any other unexpected cause, the residential child care program's Chief Administrator or other appropriate program authority shall immediately designate a certified program administrator to serve in that capacity.

B. In the event a certified program administrator is not available, the residential child care program's Chief Administrator or other appropriate program authority may appoint a noncertified individual to serve in the capacity of acting program administrator for a period not exceeding 90 days if the individual:

  (1) Is approved by the Board; and

  (2) Meets the minimum qualifications for a program administrator as set forth in COMAR 10.57.02.

C. Approval of Noncertified Individual to Serve as Acting Program Administrator.

  (1) In order to obtain approval from the Board for the approval of a noncertified individual to serve as the acting program administrator, the residential child care program's Chief Administrator or other appropriate program authority shall immediately submit to the Board:

    (a) An application on the form provided by the Board;

    (b) The application fee set forth in COMAR 10.57.07;

    (c) Written justification clarifying the reason why acting capacity is necessary, that includes:

      (i) The name and title of the individual requesting approval of a non-certified individual, including mailing address, phone, and email address;

      (ii) The qualifications and credentials of the individual selected for acting capacity; and

      (iii) A summary of the efforts made by the residential child care program to recruit a certified program administrator;

    (d) A copy of the individual's resume or curriculum vitae; and

    (e) The State and national criminal history records check.

  (2) The Board shall review all of the documentation provided to verify that individual appointed meets the minimum qualifications of a program administrator as set forth in COMAR 10.57.02.

  (3) Upon review of the request, the Board may:

    (a) Approve the request for acting capacity;

    (b) Approve the request for acting capacity with conditions; or

    (c) Deny request for acting capacity.

  (4) The 90 day period begins on the date that the program administrator leaves or is removed from the position as a program administrator.

  (5) The Board may extend the 90 day period for a further period of not more than 30 days.

#### Regulation .09 Display of Certificate and Renewal Certificates.

*COMAR 10.57.02.09*

An individual certified as a residential child care program administrator shall display an original certificate and certificate card, or certificate renewal card in a conspicuous place in the office or place of business or employment of the program administrator.

### Chapter 03 — Certification — Residential Child and Youth Care Practitioners

**Authority:** Health Occupations Article, §§20-205, 20-301, 20-302.1, 20-303, 20-305, 20-307, 20-310, and 20-311, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Chapter, Continuing Education, recodified to COMAR 10.57.04 effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Regulations .01—.12 adopted under a new Chapter, COMAR 10.57.03, Certification — Residential Child and Youth Care Practitioners, effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Regulation .01A amended effective September 29, 2014 (41:19 Md. R. 1080)

**Administrative History:** Regulation .13 adopted effective September 29, 2014 (41:19 Md. R. 1080)

**Administrative History:** Chapter revised effective September 14, 2015 (42:18 Md. R. 1175)

**Administrative History:** Regulation .01 amended effective December 27, 2021 (48:26 Md. R. 1112)

**Administrative History:** Regulation .01A amended effective November 7, 2016 (43:22 Md. R. 1223)

**Administrative History:** Regulation .02 amended effective November 7, 2016 (43:22 Md. R. 1223)

**Administrative History:** Regulation .02A amended effective January 29, 2018 (45:2 Md. R. 69)

**Administrative History:** Regulation .03 amended effective October 13, 2025 (52:20 Md. R. 1002)

**Administrative History:** Regulation .05 amended effective November 7, 2016 (43:22 Md. R. 1223); December 31, 2018 (45:26 Md. R. 1246)

**Administrative History:** Regulation .05D amended effective October 13, 2025 (52:20 Md. R.1002)

**Administrative History:** Regulation .06B, C amended effective November 7, 2016 (43:22 Md. R. 1223)

**Administrative History:** Regulation .06D adopted effective December 31, 2018 (45:26 Md. R. 1246)

**Administrative History:** Regulation .07A amended effective November 7, 2016 (43:22 Md. R. 1223)

**Administrative History:** Regulation .08 amended effective October 13, 2025 (52:20 Md. R. 1002)

**Administrative History:** Regulation .10 repealed effective October 13, 2025 (52:20 Md. R. 1002)

#### Regulation .01 Application Procedures.

*COMAR 10.57.03.01*

A. In order to obtain a certificate as a residential child and youth care practitioner, the applicant shall submit to the Board:

  (1) An application on the form provided by the Board;

  (2) The application fee set forth in COMAR 10.57.07; and

  (3) Evidence the applicant:

    (a) Meets the academic and experience requirements set forth in Regulation .02 of this chapter;

    (b) Is of good moral character;

    (c) Has completed a State and national criminal history records check;

    (d) Unless waived by the Board in accordance with Health Occupations Article, §20–303(d), Annotated Code of Maryland, has a child protective services background clearance; and

    (e) Has completed the process for certification under one of the tiers outlined in Regulation .10 of this chapter.

B. Age Requirement. An individual seeking certification as a residential child and youth care practitioner shall be either:

  (1) 21 years old or older; or

  (2) At least 18 years old and have earned at least an associate's or bachelor's degree from an accredited college or university.

C. The Board may not consider an application completed until it has received all required materials.

D. An applicant shall be responsible for the payment of any costs required to obtain supporting documentation for an application.

E. Incomplete Applications.

  (1) If an incomplete application is submitted to the Board, the Board shall notify the applicant within 30 days after the receipt of the incomplete application of the materials that are required.

  (2) If the applicant fails to provide the required documentation within 120 days, the Board may:

    (a) Administratively close the application; or

    (b) Deny the application, pursuant to Regulation .08E of this chapter.

  (3) An applicant whose application is administratively closed or denied may reapply and submit with the new application proof of compliance with:

    (a) This subtitle; and

    (b) Health Occupations Article, Title 20, Annotated Code of Maryland.

  (4) An applicant whose application has been denied shall disclose on future applications that the applicant had been denied certification.

#### Regulation .02 Academic and Experience.

*COMAR 10.57.03.02*

A. Academic Experience. For certification as a certified residential child and youth care practitioner, an applicant shall submit the following documents to the Board:

  (1) A copy of a high school diploma or equivalent;

  (2) Evidence of at least 2 years experience in the health and human services field; and

  (3) Either:

    (a) Successful completion of an approved residential child and youth care practitioner training program; or

    (b) Official transcripts of an associate’s or bachelor’s degree from an accredited college or university.

B. Review of Foreign Educational Credentials.

  (1) An applicant shall provide proof of equivalency of the applicant's educational credentials to a high school, associate's degree or bachelor's degree awarded from an accredited college or university in the United States.

  (2) An applicant shall submit the applicant's educational credentials at the applicant's expense to an educational evaluation agency approved by the Board with the request that the evaluation report be sent directly to the Board.

#### Regulation .03 Certification.

*COMAR 10.57.03.03*

A. In order to obtain certification as a residential child and youth care practitioner by completion of an approved residential child and youth care training program, the applicant shall:

  (1) Meet the age requirement set forth in Health Occupations Article, §20-302.1, Annotated Code of Maryland;

  (2) Submit to the Board:

    (a) The application;

    (b) The application fee;

    (c) Evidence of completion of a State and national criminal history records check as required by Regulation .01 of this chapter;

    (d) Evidence of completion of a minimum of 10 hours of an on-site program orientation at a private provider site;

    (e) Evidence of completion of a Board-approved provider residential child and youth care training program; and

  (3) Pass a comprehensive residential child and youth care practitioner exam.

B. The Board shall notify applicants who have been approved to take the required comprehensive examination of:

  (1) The applicant’s approval to sit for the examination; and

  (2) All testing dates and locations.

C. The Board may waive the training program requirement set forth in Health Occupations Article, §20-302.1(f), Annotated Code of Maryland, for an applicant holding an Associate’s or Bachelor’s degree if the applicant:

  (1) Passes an examination; and

  (2) Meets other requirements established by the Board.

D. An applicant for whom the required education, experience, training, and examination is waived in accordance with Health Occupations Article, §20-302.1(h), Annotated Code of Maryland, shall submit the following to the Board to become certified:

  (1) The completed application;

  (2) The application fee as required by COMAR 10.57.07;

  (3) Evidence of a completed criminal history records check as required by Regulation .01 of this chapter; and

  (4) Before October 1, 2015, satisfactory evidence that the applicant has worked in the State as a residential child and youth care practitioner for at least 2 years.

#### Regulation .04 Examination Procedures.

*COMAR 10.57.03.04*

A. An applicant shall pass a Board-approved examination before certification.

B. A minimum passing score of 75 percent is required on the examination.

C. An applicant shall pass the examination within 180 days of hire.

D. Reexamination. An applicant who fails an examination may take the next examination given by the Board.

E. Applicants Requiring Special Accommodation.

  (1) An applicant with a disability may request modifications in examination materials or procedures.

  (2) The applicant shall make the request for modification in writing and include in the request the following:

    (a) The applicant's name;

    (b) The date of the examination to be modified; and

    (c) A letter from the appropriate licensed professional which:

      (i) Confirms the disability; and

      (ii) Provides information describing the accommodations required.

  (3) Requests for modification and supporting documentation shall be received by the application deadline.

#### Regulation .05 Action on Application.

*COMAR 10.57.03.05*

A. Criminal History Record Information.

  (1) Upon receipt of an applicant’s criminal history records information in accordance with Health Occupations Article, §20-303, Annotated Code of Maryland, the Board shall consider the following factors in determining whether to grant a certificate:

    (a) The age at which the crime was committed;

    (b) The circumstances surrounding the crime;

    (c) The length of time that has passed since the crime;

    (d) Subsequent work history;

    (e) Employment and character references; and

    (f) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

  (2) The Board may not issue a certificate if the criminal history record information required under Health Occupations Article, §20-303, Annotated Code of Maryland, has not been received.

B. Upon review of a completed application, the Board shall do one of the following:

  (1) Deny certification; or

  (2) Notify the applicant that the applicant is qualified to take the examination.

C. Denial of Applications.

  (1) The Board may deny certification if the applicant has:

    (a) Not completed the academic and experience requirements in Regulation .02 of this chapter;

    (b) Failed the examination requirements in Regulation .03 of this chapter;

    (c) Failed to remit a fee;

    (d) Failed to properly complete the application form;

    (e) Violated Health Occupations Article, Title 20, Annotated Code of Maryland, or any provision of this subtitle; or

    (f) Been shown to lack good moral character.

  (2) If the Board denies certification under §B(1)(e) or (f) of this regulation, the Board or the Board's designee shall:

    (a) Provide the applicant written notification of the Board's intent to deny and the basis for that denial; and

    (b) Notify the applicant of the applicant's right to request a formal hearing to appeal the denial.

  (3) An applicant whose certification has been denied may reapply and shall submit with the new application proof of compliance with:

    (a) This subtitle; and

    (b) Health Occupations Article, Title 20, Annotated Code of Maryland.

D. Issuance of Certificate.

  (1) If the Board approves an applicant for certification and the applicant passes the examination, the Board shall:

    (a) Send the applicant a notice specifying that the applicant has qualified for a certificate; and

    (b) Issue a certificate, available online, to the applicant.

  (2) The Board shall include on each certificate the:

    (a) Full name of the certificate holder; and

    (b) Serial number assigned by the Board.

#### Regulation .06 Expiration and Renewal.

*COMAR 10.57.03.06*

A. Unless the Board suspends or revokes the certificate, the certification:

  (1) Is effective for 2 years from the date issued; and

  (2) Authorizes the individual to perform direct responsibilities related to activities of daily living, self-help, and socialization skills in a residential child care program.

B. At least 1 month before the certificate expires, the Board shall send to the certified residential child and youth care practitioner by electronic or first-class mail to the last known electronic or physical address a renewal notice that states:

  (1) The date on which the current certificate expires;

  (2) The date by which the renewal application shall be received by the Board for the renewal to be issued; and

  (3) The amount of the renewal fee.

C. The Board shall renew the certificate of a certified residential child and youth care practitioner who:

  (1) Otherwise is entitled to obtain a certificate;

  (2) Pays to the Board a renewal fee set by the Board; and

  (3) Submits to the Board:

    (a) A renewal application on a form that the Board requires;

    (b) Satisfactory evidence of compliance with any continuing education and other qualifications and requirements set by the Board;

    (c) Unless waived by the Board in accordance with Health Occupations Article, §20-310(f), Annotated Code of Maryland, evidence of application for a child protective services background clearance; and

    (d) Evidence of having submitted to a State and national criminal history records check conducted by the Central Repository.

D. Criminal History Record Information.

  (1) Upon receipt of an applicant’s criminal history records information in accordance with Health Occupations Article, §20-303, Annotated Code of Maryland, the Board shall consider the following factors in determining whether to grant a certificate:

    (a) The age at which the crime was committed;

    (b) The circumstances surrounding the crime;

    (c) The length of time that has passed since the crime;

    (d) Subsequent work history;

    (e) Employment and character references; and

    (f) Other evidence that demonstrates whether the applicant poses a threat to the public health or safety.

  (2) The Board may not issue a certificate if the criminal history record information required under Health Occupations Article, §20-303, Annotated Code of Maryland, has not been received.

#### Regulation .07 Reinstatement.

*COMAR 10.57.03.07*

A. The Board shall reinstate the certificate of a residential child and youth care practitioner who has failed to renew the certificate for any reason, if the individual:

  (1) Has not had the certificate suspended or revoked;

  (2) Pays to the Board the reinstatement fee as established in COMAR 10.57.07;

  (3) Submits to the Board:

    (a) Evidence of completion of 20 continuing education units within the last 2 years;

    (b) Evidence of having submitted to a State and national criminal history records check conducted by the Central Repository; and

    (c) Unless waived by the Board in accordance with Health Occupations Article, §20-311(c), Annotated Code of Maryland, evidence of application for a child protective services background clearance; and

  (4) Applies to the Board for reinstatement of the certificate within 5 years after the certificate expires.

B. The Board may not reinstate the certificate of residential child and youth care practitioner who fails to apply for reinstatement of the certificate within 5 years after the certificate expires. However, the residential child and youth care practitioner may be certified by meeting the current requirements for obtaining a new certificate under this subtitle.

#### Regulation .08 Duplicate or Corrected Certificate.

*COMAR 10.57.03.08*

The Board shall issue a duplicate certificate, electronically, to the certificate holder if:

A. The certificate holder has a change of name and does the following:

  (1) Makes the request to the Board in writing on the form provided by the Board;

  (2) Provides appropriate legal documentation of the change; and

  (3) Pays the fee as specified in COMAR 10.57.07; or

B. The Board, as a result of its error, issues an incorrect certificate and the certificate holder:

  (1) Notifies the Board in writing within 6 weeks of discovery of the incorrect certificate; or

  (2) Does not receive electronic verification of the certificate within 6 weeks of issuance and the certificate holder provides a statement to the Board attesting to the unavailability of the certificate online within 4 months of the date the certificate was issued by the Board.

#### Regulation .09 Initial and Renewal Certificates.

*COMAR 10.57.03.09*

A. A certified residential child care and youth care practitioner shall provide to the residential child care program where they are employed:

  (1) The certificate card; or

  (2) Written verification from the Board of their certification.

B. Upon renewal of certification, the certified residential child and youth care practitioner shall provide to the residential child care program where they are employed:

  (1) The certificate renewal card; or

  (2) Written verification from the Board of the renewal of their certification.

### Chapter 04 — Continuing Education

**Authority:** Health Occupations Article, §20-205, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Chapter revised and recodified from COMAR 10.57.03 effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Regulation .01A amended effective March 3, 2014 (41:4 Md. R. 302)

#### Regulation .01 Conditions of Certification Renewal; Continuing Education Units Required.

*COMAR 10.57.04.01*

A. The Board shall renew a certificate for an additional 2-year period if the certified program administrator:

  (1) Otherwise is entitled to be certified as set forth in COMAR 10.57.02;

  (2) Pays to the Board the renewal fee as set forth in COMAR 10.57.06; and

  (3) Submits to the Board:

    (a) A renewal application on the form that the Board requires; and

    (b) Satisfactory evidence of having completed:

      (i) For a certificate holder who obtained initial certification 2 years to 18 months before the renewal date, 40 continuing education units approved by the Board;

      (ii) For a certificate holder who obtained initial certification within 18 months to 1 year before the renewal date, 30 continuing education units approved by the Board;

      (iii) For a certificate holder who obtained initial certification within 1 year to 6 months before the renewal date, 20 continuing education units approved by the Board; and

      (iv) For a certificate holder who obtained initial certification within 6 months before the renewal date, 10 continuing education units approved by the Board.

B. The Board shall renew the certificate for an additional 2-year period if the certified residential child and youth care practitioner:

  (1) Otherwise is entitled to be certified as set forth in COMAR 10.57.03;

  (2) Pays to the Board the renewal fee as established in COMAR 10.57.07; and

  (3) Submits to the Board:

    (a) A renewal application on the form that the Board requires; and

    (b) Satisfactory evidence of having completed, within the 2-year period before the renewal date, a minimum of 20 continuing education units approved by the Board.

#### Regulation .02 Qualifying Continuing Education.

*COMAR 10.57.04.02*

A. The certified program administrator or certified residential child and youth care practitioner shall complete continuing education units that foster improvement, advancement, and extension of the certified program administrator's or certified residential child and youth care practitioner professional skill and knowledge relating to residential child care programs.

B. Continuing education may include:

  (1) Academic course work which qualifies for credit toward an undergraduate or a graduate degree from an accredited institution with one semester hour of academic course work equivalent to 15 continuing education units and one quarter hour of academic course work equivalent to 3.75 continuing education units;

  (2) Workshops, seminars, symposiums, conferences, institutes, audiovisual self-study, and similar programs with 1 hour of attendance equivalent to 1 continuing education unit unless otherwise noted by an automatic or authorized sponsor;

  (3) Publications with 1 hour of authoring, editing, or review equal to 1 continuing education unit, up to a maximum of 12 continuing education units in a renewal period;

  (4) Presentations or teaching up to a maximum of twice the number of continuing education units available to a participant in the program;

  (5) Staff development, including but not limited to an educational program planned by an agency to assist employees in becoming knowledgeable and competent in fulfilling role expectations within that agency with 1 hour of attendance equivalent to 1 continuing education unit;

  (6) Invited speaker sessions, in-house seminars, and case conferences which are specifically designed for training, teaching, or both, with 1 hour of attendance equivalent to 1 continuing education unit;

  (7) Attendance or presentation of programs offered at professional meetings of local, state, regional or international professional organizations or societies;

  (8) Home-study courses provided by automatic sponsors or approved sponsors with proof of satisfactory completion up to a maximum of 10 continuing education units in a renewal period; or

  (9) Attendance at Board meetings with 1 hour of attendance equivalent to 1 continuing education unit up to a maximum of 2 continuing education units.

C. Of the required continuing education units in each 2-year period, a maximum of 5 continuing education units may have a content area focusing on behavior management.

D. Continuing education may not include certification or recertification in CPR or first aid.

#### Regulation .03 Obtaining Board Approval for Continuing Education Activities.

*COMAR 10.57.04.03*

A. Authorization of Sponsors of Continuing Education.

  (1) The following organizations are recognized by the Board as automatic sponsors, and may sponsor, or approve, or both, continuing education:

    (a) State, regional, national, or international associations for:

      (i) Child and family services;

      (ii) Dietetics;

      (iii) Education;

      (iv) Medical or allied health professionals;

      (v) Professional counseling or therapy;

      (vi) Psychiatry;

      (vii) Psychology;

      (viii) Nursing; and

      (ix) Social work;

    (b) National, regional, or State accredited academic institutions offering academic courses or programs that apply to the field of residential child care;

    (c) Agencies, institutions, organizations, or individuals authorized as automatic sponsors or approved sponsors of continuing education by the State Board of Social Work Examiners under COMAR 10.42.06; and

    (d) Agencies, institutions, organizations, or individuals approved by any State licensing or certification boards under Health Occupations Article, Annotated Code of Maryland.

  (2) The following may be authorized to sponsor continuing education on application and approval by the Board:

    (a) Licensed health professionals;

    (b) Individuals with documented expertise in an area related to the practice of residential child care; and

    (c) Agencies, institutions, or organizations not entitled to automatic authorization, but which provide continuing education programs.

B. Application for Authorization to Sponsor Continuing Education.

  (1) Applicants meeting the requirements of this chapter, who are not automatically authorized to sponsor continuing education programs, may apply to the Board for authorization to sponsor programs.

  (2) The Board shall:

    (a) Provide the applicant with an application form; and

    (b) Charge a fee for processing the application to sponsor continuing education programs as provided in COMAR 10.57.07.

  (3) An applicant for authorization to sponsor continuing education shall submit an application on the form provided by the Board for approval of the sponsor's credentials at least 45 days before conducting the sponsor's first program.

  (4) The Board shall give notice to an applicant that the applicant has been approved or disapproved as a sponsor.

  (5) If approved, the sponsor shall be placed on a provisional status until five continuing education programs have been submitted and approved as meeting the objectives of this chapter.

  (6) Within 30 days after conducting each of the five programs required to become an authorized sponsor, a provisional sponsor shall submit:

    (a) A summary of attendance including the number of participants grouped by profession; and

    (b) A summarized report of the participant evaluations of the continuing education program.

  (7) The Board shall notify the provisional sponsor in writing after receiving documentation of completion of all of the requirements of this regulation, if the requirements to be an authorized sponsor have been satisfied.

  (8) The Board may waive the fee charged for processing the application, if the sponsor applying for authorization has demonstrated a capacity to offer acceptable continuing education programs to residential child care program professionals for no cost or nominal cost.

  (9) Provisional sponsors may not be described as authorized sponsors in course description literature or other information.

C. Authorized Sponsor Requirements.

  (1) Authorized sponsors shall include the following in the program descriptions:

    (a) The number of continuing education units which will be certified by the sponsor in a certificate awarded to the residential child care program professional;

    (b) A statement that the named sponsor is authorized by the Board; and

    (c) A statement that the named sponsor maintains responsibility for the program.

  (2) The Board shall maintain a roster of authorized sponsors.

  (3) The Board shall require a sponsor to maintain documentation of continuing education for 4 years which includes:

    (a) Registration and attendance records;

    (b) Stated purpose;

    (c) Content of presentation;

    (d) Time and length of activity; and

    (e) Participant evaluations.

  (4) The Board may audit authorized sponsors at any time.

D. Suspension or Revocation of Sponsorship Authorization.

  (1) Authorization as a sponsor or status as a provisional sponsor may be suspended or revoked if the sponsor does not comply with the requirements of §C of this regulation.

  (2) The Board shall provide an opportunity for a hearing on request for reconsideration of the Board's decision to suspend or revoke sponsorship authorization, if a written request for reconsideration and hearing is received by the Board within 30 days after the affected party has been notified of the Board's action.

#### Regulation .04 Reporting, Documenting, and Auditing Compliance with Continuing Education Requirements.

*COMAR 10.57.04.04*

A. A certified program administrator or certified residential child and youth care practitioner who has completed the continuing education requirements shall attest to that on a form supplied by the Board as part of the application for certificate renewal.

B. The Board shall audit a percentage of certified program administrators and certified residential child and youth care practitioners, to be determined by the Board, for each reporting period.

C. On request by the Board, a certified program administrator or certified residential child and youth care practitioner shall provide full documentation of the credit hours completed in accordance with the requirements of this regulation.

D. Documentation. A certified program administrator or certified residential child and youth care practitioner shall provide to the Board:

  (1) An official transcript for credit hours earned in a course taken for credit;

  (2) A certificate of completion;

  (3) If a certificate of completion is not available:

    (a) Dates on which the program was presented;

    (b) Names of the presenters;

    (c) Topics presented; and

    (d) An outline of the presentation;

  (4) If a certificate of completion is not available for an audiovisual instruction program or a home study course, proof of completion of the program or course, such as post-test passing score or other satisfactory proof as determined by the Board;

  (5) Proof of presentations made;

  (6) Reprints of publications;

  (7) Dates, times, and names of participants in journal clubs and organized learning experiences; or

  (8) If credit is claimed for instruction of students, letters from educational institutions.

E. Record and Retention for Active or Lapsed Certificate.

  (1) Active Certificates.

    (a) A certified program administrator or certified residential child and youth care practitioner shall retain records documenting completion of continuing education requirements for 1 year after the certificate renewal date for which the report of continuing education was submitted to the Board.

    (b) Documentation may be requested by the Board at any time within that 1-year period.

  (2) Lapsed Certificate. A certified program administrator or certified residential child and youth care practitioner with a lapsed license shall:

    (a) Retain records documenting completion of continuing education requirements for each 2-year period that the license was lapsed, up to a maximum of 80 credit hours; and

    (b) File with the Board documentation of completion of continuing education units at the time of reinstatement.

#### Regulation .05 Waiver of Continuing Education Requirements.

*COMAR 10.57.04.05*

The Board, at its discretion, may waive all or part of the requirements of Regulation .01A(3)(b) or B(3)(b) of this chapter.

### Chapter 05 — Code of Ethics

**Authority:** Health Occupations Article, §§1-212, 20-205, and 20-213, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.02 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Chapter revised and recodified from COMAR 10.57.04 to COMAR 10.57.05 effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Regulation .04 amended effective October 13, 2025 (52:20 Md. R. 1002)

#### Regulation .01 Scope.

*COMAR 10.57.05.01*

This chapter applies to all individuals licensed by the Board including:

A. Certified residential child care program administrators; and

B. Certified residential child and youth care practitioners.

#### Regulation .02 Public Protection.

*COMAR 10.57.05.02*

The residential child care program administrator and the residential child and youth care practitioner accept the obligation to protect the public by:

A. Upholding the Code of Ethics, as set forth in this chapter; and

B. Reporting alleged violations of this chapter to the Board.

#### Regulation .03 General Conduct.

*COMAR 10.57.05.03*

A. The primary concern of the residential child care program administrator and the residential child and youth care practitioner shall be the welfare of children and youth placed in the residential child care program.

B. The certified residential child and youth care practitioner shall:

  (1) Function with discretion and integrity in relationships with other health professionals;

  (2) Carry out all duties with honesty, integrity, self-respect, and fairness;

  (3) Maintain documentation in the client's record which:

    (a) Is legible;

    (b) Accurately reflects the services provided, including treatment plans, treatment goals, and progress notes;

    (c) Indicates the time and date 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 services to be delivered in the future; and

    (f) Is reasonably accessible for the period required by law, after termination of services;

  (4) Inform the Board of unethical conduct by a certified residential child care program administrator or residential child and youth care practitioner; and

  (5) Inform the Board about an individual who is not certified by the Board but who represents that the individual is a residential child care program administrator or residential child and youth care practitioner, or offering to practice residential child care administration.

C. In the capacity or identity as a certified residential child care program administrator or certified residential child and youth care practitioner may not:

  (1) Participate in or condone dishonest behavior, fraudulent activities, deceitful practices, 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, including but not limited to in-person, telephone, or direct mail solicitation;

  (5) Practice, condone, or facilitate discrimination, or collaborate to discriminate on the basis of race, color, sex, sexual orientation, age, religion, national origin, marital status, political belief, disability, or other preference or personal characteristic, condition, or status with an individual or group of individuals;

  (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 the client's consent, except if there is danger to self or another individual , or for a compelling professional reason; or

  (8) Enter into a nonprofessional, social, or dual relationship with a client, or an individual with whom the client has a close personal relationship.

#### Regulation .04 Sexual Misconduct.

*COMAR 10.57.05.04*

A. The certified residential child care program administrator or certified residential child and youth care practitioner may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:

  (1) Inappropriate sexual language;

  (2) Sexual exploitation;

  (3) Sexual harassment;

  (4) Sexual behavior; and

  (5) Deception in the practice of residential care administration.

B. Concurrent Sexual Relationships. The certified residential child care program administrator or certified residential child and youth care practitioner may not engage in either consensual or forced sexual behavior with:

  (1) A client;

  (2) A supervisee over whom the certified residential child care program administrator or certified residential child and youth care practitioner exercises professional authority or with whom the licensee maintains direct supervision or education while the professional relationship continues or exist; or

  (3) An individual with whom the client has a close personal relationship, including but not limited to a relative or a significant individual in the client's life if there is a risk of exploitation or potential harm to the client.

C. Sexual Harassment.

  (1) The certified program administrator or certified residential child and youth care practitioner may not sexually harass a client or supervisee.

  (2) If sexually harassed by a client, the certified program administrator or certified residential child and youth care practitioner shall comply with the provider agency incident reporting process as required under COMAR 14.31.06.18A(2).

D. Deceit When Providing Residential Child Care Administration. The certified residential child care program administrator or certified residential child and youth care practitioner may not:

  (1) Engage in sexual activity with a client or an individual in a close personal relationship with the client, on the pretense of therapeutic intent or benefit;

  (2) Represent to the client or individual in close personal contact with the client that sexual contact or activity by or with the certified residential child care program administrator or certified residential child and youth care practitioner is consistent with or part of the client's care; or

  (3) Suggest, recommend, or encourage the client to engage in a sexually provocative act, including but not limited to:

    (a) Sexual contact with the certified residential child care program administrator or certified residential child and youth care practitioner;

    (b) Genital stimulation by or of the client or certified residential child care program administrator or certified residential child and youth care practitioner;

    (c) Undressing by or of the certified program administrator or certified residential child and youth care practitioner in the presence of the client, or of the client in the presence of the certified residential child program administrator or certified residential child and youth care practitioner; or

    (d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by residential child care administration protocol.

#### Regulation .05 Physical Contact.

*COMAR 10.57.05.05*

The certified residential child care program administrator or certified residential child and youth care practitioner engaging in physical contact with a client as an accepted component of a professionally recognized, nontraditional treatment modality shall have documented in the client's record by a licensed or certified health care professional:

A. An assessment of the client;

B. A written rationale for the use of the treatment modality for the client; and

C. A copy of the informed consent, signed and dated by the client and the licensed or certified health care professional, which addresses:

  (1) The risks and benefits of the treatment modality;

  (2) The objective or objectives and intended outcome or outcomes of the proposed treatment;

  (3) Available alternative interventions; and

  (4) A description of the physical contact which may be reasonably anticipated by the client in the course of the proposed treatment.

#### Regulation .06 Sanctions.

*COMAR 10.57.05.06*

A. A certified residential child care program administrator or certified residential child and youth care practitioner is subject to sanctions if the certified residential child care program administrator or certified residential child and youth care practitioner:

  (1) Has engaged in sexual misconduct with a client or supervisee;

  (2) Has engaged in sexual behavior that would be considered unethical or unprofessional according to the professional standards of conduct, including but not limited to:

    (a) Sexual behavior or knowledge of sexual behavior with a client placed in the residential child care program;

    (b) Solicitation of a sexual relationship with a client placed in the residential child care program;

    (c) Sexual advances, requesting sexual favors, or both;

    (d) A verbal comment of a sexual nature;

    (e) Physical contact of a sexual nature with a client placed in the residential child care program;

    (f) Discussion of unnecessary sexual matters with a client placed in the residential child care program;

    (g) Direct or indirect observation of a client while the client is undressing or dressing;

    (h) The taking of photographs of a client placed in the residential child care program for a sexual purpose;

    (i) Sexual harassment of staff, students, or volunteers;

    (j) Sexual contact with a client placed in the residential child care program; or

    (k) Offering to provide services, such as drugs, in exchange for sexual favors;

  (3) Has violated any of the provisions of the:

    (a) Law pertaining to the certification of residential child care program administrators or residential child and youth care practitioners; or

    (b) Regulations of the Board pertaining to the certification of residential child care program administrators or residential child and youth care practitioners;

  (4) Has violated any of the provisions of the law or regulations of the certification, supervising authority, or agency of the State or political subdivision of the State having jurisdiction of the operation, licensure, or certification of residential child care programs;

  (5) Is professionally, physically, or mentally incompetent to act as a residential child care program administrator or residential child and youth care practitioner;

  (6) Has practiced fraud, deceit, or misrepresentation in the capacity as a residential child care program administrator or residential child and youth care practitioner;

  (7) Has wrongfully transferred or surrendered possession, either temporarily or permanently, of their certificate card to any other individual;

  (8) Has used fraudulent, misleading, or deceptive advertising;

  (9) Has endangered or sanctioned the endangerment of the safety, health, and life of any client;

  (10) Has willfully permitted unauthorized disclosure of information relating to a client's records;

  (11) Has discriminated in respect to clients placed in the residential child care program, employees, or staff on account of race, religion, color, national origin, disability, gender, sexual orientation, or any other area that the Board deems inappropriate; or

  (12) Has practiced as a residential child care program administrator or residential child and youth care practitioner without holding a certificate to practice in the State.

B. A sanction constitutes the minimum disciplinary measure and does not preclude the Board from imposing additional penalties as it deems appropriate to an individual case.

C. The Board shall advise all applicable licensing authorities of the suspension or revocation of a certificate on the grounds of sexual misconduct.

D. The certified residential child care program administrator or certified residential child and youth care practitioner may not prohibit the client from reporting sexual misconduct as a condition of settlement of a legal cause of action.

E. The Board may deny certification to any applicant, suspend or revoke a certification of a residential child care program administrator or a residential child and youth care practitioner, or reprimand or otherwise discipline a residential child care program administrator or a residential child and youth care practitioner after due notice and an opportunity to be heard at a formal hearing, upon evidence that the applicant, child care program administrator, or residential child and youth care practitioner has violated this chapter.

#### Regulation .07 Rehearings.

*COMAR 10.57.05.07*

A. A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on him of the decision and order. Action on an application shall lie in the discretion of the Board.

B. Unless otherwise ordered, neither the rehearing nor the application for it stays the enforcement of the order, or excuses the individual affected for failure to comply with its terms.

C. The Board may consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify its original order.

#### Regulation .08 Appeals.

*COMAR 10.57.05.08*

An individual whose certificate has been revoked or suspended by the Board, or any individual placed on probation or reprimand under this chapter, may appeal the Board's decision as provided by law.

### Chapter 06 — Hearing Procedures

**Authority:** Health Occupations Article, §§20-205 and 20-314; State Government Article, §10-206; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.08 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Chapter recodified from COMAR 10.57.05 to COMAR 10.57.06 effective April 19, 2010 (37:8 Md. R. 617)

#### Regulation .01 Notice of Hearing.

*COMAR 10.57.06.01*

A. Written notice of a hearing shall be sent by the Board to all interested parties at least 30 days before the hearing. The notice shall state the:

  (1) Date, time, and place of the hearing; and

  (2) Except as provided in §C of this regulation, issues or charges involved in the proceeding.

B. Service upon a party shall be by delivery of the charging document and copy of the complaint to the party in person. Instead of personal service, the Board may serve the charging document and a copy of the complaint by registered or certified mail, restricted delivery, return receipt requested.

C. If by reason of the nature of the proceeding the issues cannot be fully stated in advance of the hearing, or if subsequent amendment of the issues is necessary, the issues or charges shall be fully stated as soon as practicable.

#### Regulation .02 Representation of Parties.

*COMAR 10.57.06.02*

Each party appearing at formal hearings shall have the right to appear in proper person or by or with counsel.

#### Regulation .03 Prehearing Procedures.

*COMAR 10.57.06.03*

A. 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 witnesses to be called;

    (b) Copies of documents intended to be produced at the hearing; or

    (c) Both §A(1)(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 who 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 this section, 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 regarding 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 this section.

  (3) Parties are not entitled to discovery of items other than as listed in §A(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:

    (a) After the prehearing conference, if scheduled; or

    (b) Later than 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 chapter shall, whenever possible, be construed as supplementing and in harmony with COMAR 28.02.01.

    (b) In the event of a conflict between this and COMAR 28.02.01, this chapter applies.

B. Prehearing Conferences. The Board may set prehearing conferences as it considers appropriate.

C. Oaths and Subpoenas.

  (1) The Board may administer oaths and compel the attendance of witnesses and the production of physical evidence before it from witnesses upon whom process is served anywhere within the State as in civil cases in the circuit court of the county or of Baltimore city, by subpoena issued over the signature of an officer or the executive secretary of the Board.

  (2) Upon a request by a party and statement under oath that the testimony or evidence is necessary to the party's defense, the Board shall issue a subpoena on the party's behalf.

D. Motions.

  (1) Motions filed by a party shall be:

    (a) Accompanied by a memorandum of points and authorities; and

    (b) Filed with the Board at least 10 working days before the hearing and a copy served on the opposing party.

  (2) Any response shall be filed with the Board at least 5 working days before the hearing and a copy shall be served on the opposing party.

#### Regulation .04 Conduct of the Hearing.

*COMAR 10.57.06.04*

A. Board Majority. Each hearing shall be held before not less than a quorum of the Board unless the hearing authority is delegated pursuant to State Government Article, §10-207, Annotated Code of Maryland. A delegation of authority shall be subject to the provisions of State Government Article, §10-212, Annotated Code of Maryland. Board action shall be by majority vote of those Board members present at the hearing.

B. Duties of Presiding Officer.

  (1) The Chairman, or in the Chairman's absence a member designated by the Chairman, shall be the presiding officer, or if in a delegated hearing, a hearing examiner shall be the presiding officer.

  (2) The presiding officer shall:

    (a) Have complete charge of the hearing;

    (b) Permit the examination of witnesses;

    (c) Admit evidence;

    (d) Rule on the admissibility of evidence; and

    (e) Adjourn or recess the hearing from time to time.

  (3) The presiding officer may set reasonable time limits on arguments and presentation of evidence.

  (4) The presiding officer shall be responsible for decorum in hearings and may suspend the proceedings as necessary to maintain decorum.

C. Legal Advisor and Counsel for the Board.

  (1) The presiding officer may request the Office of the Attorney General to participate in any hearing to present the case on behalf of the Board.

  (2) The member of the Office of the Attorney General presenting the case on behalf of the Board shall have all of the following rights:

    (a) The submission of evidence;

    (b) Examination and cross-examination of witnesses;

    (c) Presentation of summation and argument; and

    (d) Filing of objections, exceptions, and motions.

  (3) The presiding officer may also request a representative of the Office of the Attorney General to act as legal advisor to the Board as to questions of evidence and law.

D. Order of Procedure. The State shall present its case first. Then the respondent shall present the respondent's case. After this the State may present rebuttal.

E. Examination of Witnesses and Introduction of Evidence.

  (1) The rules of evidence in all hearings under these regulations shall be as set forth in State Government Article, §§10-208 and 10-209, Annotated Code of Maryland.

  (2) Each party has the right to:

    (a) Call witnesses and present evidence;

    (b) Cross-examine witnesses called by the Board or other party; and

    (c) Present summation and argument and file objections, exceptions, and motions.

  (3) If a party is represented by counsel, the submission of evidence, examination and cross-examination of witnesses, and filing of objections, exceptions, and motions shall be done and presented solely by this counsel.

  (4) Witnesses.

    (a) The presiding officer, or any individual designated by the presiding officer for the purpose, may examine any witness called to testify.

    (b) The presiding officer may call as a witness any individual in attendance at the hearing.

    (c) Any member of the Board may examine any witness called to testify.

#### Regulation .05 Records and Transcript.

*COMAR 10.57.06.05*

A. The Board shall prepare an official record, which shall include all pleadings, testimonies, exhibits, and other memoranda or material filed in the proceeding.

B. A stenographic record of the proceedings shall be made at the expense of the Board. This record need not be transcribed unless requested by a party or by the Board. The cost of any typewritten transcripts of any proceedings or part of them shall be paid by the party requesting the transcript.

#### Regulation .06 Decision and Order.

*COMAR 10.57.06.06*

A. Each decision and order rendered by the Board shall be in writing and shall be accompanied by findings of fact and conclusions of law.

B. A copy of the decision and order and accompanying findings and conclusions shall be delivered or mailed promptly to each party or attorney of record.

#### Regulation .07 Rehearings.

*COMAR 10.57.06.07*

A. A party aggrieved by the decision and order rendered may apply for rehearing within 10 days after service on him of the decision and order. Action on an application shall lie in the discretion of the Board.

B. Unless otherwise ordered, neither the rehearing nor the application for it stays the enforcement of the order, or excuses the individual affected for failure to comply with its terms.

C. The Board may consider facts not presented in the original hearing, including facts arising after the date of the original hearing, and may by new order abrogate, change, or modify its original order.

#### Regulation .08 Appeals.

*COMAR 10.57.06.08*

An individual whose certificate has been revoked or suspended by the Board, or any individual placed on probation or reprimand under this chapter, may appeal the Board's decision as provided by law.

### Chapter 07 — Fees

**Authority:** Health Occupations Article, §20-206, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.04 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Chapter revised and recodified from COMAR 10.57.06 to COMAR 10.57.07 effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Regulation .01 amended effective October 13, 2025 (52:20 Md. R. 1002)

**Administrative History:** Regulation .01A amended effective March 3, 2014 (41:4 Md. R. 302)

**Administrative History:** Regulation .01A, B amended effective September 14, 2015 (42:18 Md. R. 1175)

#### Regulation .01 Fee Schedule.

*COMAR 10.57.07.01*

The following fees are established by the Board:

A. Residential Child Care Program Administrators:

  (1) The Board shall prorate the initial application fee for applicants who apply for initial certification in the following manner:

    (a) Within 2 years to 18 months of the renewal date . . . $200;

    (b) Within 18 months to 1 year of the renewal date . . . $150;

    (c) Within 1 year to 6 months of the renewal date . . . $100; and

    (d) Within 6 months of the renewal date . . . $50;

  (2) State Comprehensive Examination (charged each time an applicant takes the examination) . . . $125;

  (3) Biennial Certificate Renewal . . . $200;

  (4) Reinstatement Fee . . . $200;

  (5) Acting Capacity Approval—$75; and

  (6) Authorization to serve as the residential child care program administrator for 2 individually licensed organizations—$100;

B. Residential Child and Youth Care Practitioner:

  (1) Initial Application . . . $50;

  (2) Biennial Certificate Renewal—$ 50; and

  (3) Reinstatement Fee . . . $50;

C. Other Fees:

  (1) Application for approval of a continuing education program of studies . . . $100;

  (2) Fine for failure to notify the Board within 30 days of a change in the:

    (a) Name of the certificate holder;

    (b) Home address of the certificate holder;

    (c) Electronic mail address of the certificate holder; or

    (d) Name or address of employer or business connection of the certificate holder . . . $50;

  (3) Returned check fee . . . $25;

  (4) Diskettes, Labels or Rosters of Certified Individuals. Persons may purchase diskettes, labels, or rosters of certified:

    (a) Residential Child Care Program Administrators . . . $50; or

    (b) Residential Child and Youth Care Practitioner . . . $100;

  (5) Written verification of certification . . . $15;

  (6) Failure to appear at Standards Examination without justification . . . $15; and

  (7) Missing documentation reprocessing fee . . . $5.

#### Regulation .02 Refunds.

*COMAR 10.57.07.02*

Fees are nonrefundable and nontransferable.

### Chapter 08 — Compelling Purpose Disclosure

**Authority:** General Provisions Article, §4-333; Health Occupations Article, §20-205; Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulations .01—.02 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Chapter recodified from COMAR 10.57.07 to COMAR 10.57.08 effective April 19, 2010 (37:8 Md. R. 617)

**Administrative History:** Regulation .01A amended effective April 19, 2010 (37:8 Md. R. 617)

#### Regulation .01 Disclosure for Compelling Public Purpose.

*COMAR 10.57.08.01*

A. A custodian may disclose information in a certification or investigative file if the custodian determines that a compelling public purpose exists to warrant disclosure.

B. A custodian may find that a compelling public purpose warrants disclosure of information in a certification or investigative file, whether or not there has been a request for the information, under the following circumstances:

  (1) The information concerns possible criminal activity and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;

  (2) The information concerns a possible regulatory violation and is disclosed to a federal, state, or local regulatory authority which has jurisdiction over the individual whose conduct may be a violation and the information disclosed is limited to the possible regulatory violation by that individual; or

  (3) The information concerns conduct by an individual which the custodian 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 which regulates the individual, or to a hospital or other health care facility where the individual has privileges.

### Chapter 09 — Tax Compliance Regulations

**Authority:** Health Occupations Article, §§1-213 and 20-205, Annotated Code of Maryland

**Administrative History:** Effective date:

**Administrative History:** Regulation .01 adopted as an emergency provision effective January 7, 2008 (35:9 Md. R. 894); adopted permanently effective April 7, 2008 (35:7 Md. R. 749)

**Administrative History:** Chapter recodified from COMAR 10.57.08 to COMAR 10.57.09 effective April 19, 2010 (37:8 Md. R. 617)

#### Regulation .01 Outstanding Taxes or Unemployment Insurance Contributions.

*COMAR 10.57.09.01*

A. When a renewal applicant has been identified as delinquent by the Office of the Comptroller or the Maryland Department of Labor, the Board shall issue a written notice to the renewal applicant stating that:

  (1) The renewal applicant has been identified by the Office of the Comptroller or the Maryland Department of Labor, as delinquent in the payment of taxes or unemployment insurance contributions as applicable; and

  (2) The renewal certificate will be withheld until verification is received by the Board from the unit of the State responsible for collection of taxes or unemployment insurance contributions.

B. If the Board does not receive a verification within 60 days after the expiration date of the current certificate, the certificate holder may be considered for reinstatement under Health Occupations Article, §20-311, Annotated Code of Maryland.

### Chapter 10 — Disciplinary Sanctions and Monetary Penalties

**Authority:** Health Occupations Article, §§1-606, 20-313, and 20-405, Annotated Code of Maryland

**Administrative History:** Effective date: June 11, 2012 (39:11 Md. R. 688)

#### Regulation .01 Scope.

*COMAR 10.57.10.01*

This chapter establishes standards for the imposition of disciplinary sanctions, not exceeding the maximum provided pursuant to Health Occupations Article, §20-405, Annotate Code of Maryland, against any residential child care program administrator or residential child and youth care practitioner in the state if, after a hearing or by consent after the right to a hearing has been waived, the Board finds that there are grounds under Health Occupations Article, §20-313, Annotate Code of Maryland, to deny a certificate to any applicant, reprimand a certificate holder, place a certificate holder on probation, suspend or revoke a certificate, or impose a fine or a term of imprisonment against a certificate holder under Health Occupations Article, §20-405, Annotated Code of Maryland.

#### Regulation .02 Definitions.

*COMAR 10.57.10.02*

A. In this chapter, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Board” means the State Board for the Certification of Residential Child Care Program Professionals.

  (2) “Certificate” means a certificate issued by the Board to practice as a residential child care program administrator or a residential child and youth care practitioner.

  (3) “Sanction” means a formal disciplinary action reprimanding, restricting, suspending, or revoking a certificate.

#### Regulation .03 Imposition of a Penalty — General.

*COMAR 10.57.10.03*

A. Imposition of a Penalty After a Hearing. If, after a hearing under Health Occupations Article, §20-313, Annotated Code of Maryland, and subject to the guidelines set forth in this subtitle, the Board finds that there are grounds under Health Occupations Article, §20-313, Annotated Code of Maryland, to reprimand or suspend or revoke a certificate, the Board may impose a penalty as set forth in this chapter:

  (1) Instead of, or in addition to, reprimanding the certificate holder; or

  (2) In addition to revoking the certificate.

B. Imposition of a Penalty Without a Hearing. If, after disciplinary procedures have been brought against a certified residential child care program administrator or a certified residential child and youth care practitioner, the certified residential child care program administrator or certified residential child and youth care practitioner waives the right to a hearing required under State Government Article, Title 10, Annotated Code of Maryland, and subject to the guidelines set forth in this subtitle, if the Board finds that there are grounds under Health Occupations Article, §20-313, Annotated Code of Maryland, to reprimand the certified residential child care program administrator or certified residential child and youth care practitioner, place the certificate on probation, or suspend or revoke a certificate, the Board may impose a penalty for each violation in addition to reprimanding, placing the certificate on probation, or suspending or revoking the certificate.

#### Regulation .04 Guidelines for Disciplinary Sanctions or Imposition of a Penalty.

*COMAR 10.57.10.04*

A. Subject to the provisions of this section, the Board may impose the following sanctions and penalties for violations of the Maryland Certification of Residential Child Care Program Professionals Act and its regulations according to the minimum and maximum sanctions and penalties set forth in the following categories:

  (1) Fraudulently or Deceptively Obtains, Attempts to Obtain a Certificate.

  (2) Fraudulently or Deceptively Uses a Certificate.

  (3) Criminal Convictions or Nolo Contendere.(whether or not any appeal or other proceeding is pending to have the conviction set aside).

  (4) Impairment (mentally, physically, or through the use of drugs or alcohol).

  (5) Reciprocal Discipline.

  (6) Unauthorized Practice.

  (7) Willfully Makes or Files a False Report, Willfully Fails, Obstructs the Filing, or Induces Another to Fail to File or Record a Report as Required by Law.

  (8) Unprofessional Conduct in Performing Duties.

  (9) Discrimination.

  (10) Sexual Misconduct.

  (11) Continuing Education Violations.

  (12) Failure to Cooperate.

  (13) Unauthorized Practice.

  (14) Noncompliance with Board Orders.

  (15) Other Violations.

B. If a certified residential child care program administrator or residential child and youth care practitioner is found in violation of more than one category enumerated in this chapter, the category or categories containing the highest maximum sanction shall control.

#### Regulation .05 Mitigating and Aggravating Factors to be Considered in the Assessment of a Sanction.

*COMAR 10.57.10.05*

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:

A. Mitigating Factors:

  (1) The certified residential child care program administrator or residential child and youth care practitioner’s lack of a prior disciplinary record;

  (2) The certified residential child care program administrator or residential child and youth care practitioner’s self-report violation to the Board;

  (3) The certified residential child care program administrator or residential child and youth care practitioner’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 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 certified residential child care program administrator or residential child and youth care practitioner’s conduct was an isolated incident and not likely to recur.

B. Aggravating Factors:

  (1) The certified residential child care program administrator or residential child and youth care practitioner’s has a previous criminal or administrative disciplinary history;

  (2) The violation was committed deliberately or with gross negligence or recklessness;

  (3) The violation has the potential for, or caused, serious client harm;

  (4) The violation was part of a pattern of detrimental conduct;

  (5) The certified residential child care program administrator or residential child and youth care practitioner was motivated to perform the violation by his or her financial gain;

  (6) The vulnerability of the client or clients;

  (7) The certified residential child care program administrator or residential child and youth care practitioner attempted to hide error or misconduct from clients or others;

  (8) The certified residential child care program administrator or residential child and youth care practitioner concealed, falsified, or destroyed evidence or presented false testimony or evidence;

  (9) The certified residential child care program administrator or residential child and youth care practitioner failed to cooperate with the investigation;

  (10) Previous attempts at rehabilitation of the certified residential child care program administrator or residential child and youth care practitioner were unsuccessful; and

  (11) The certified residential child care program administrator or residential child and youth care practitioner committed the violation under the guise of treatment.

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.