Chapter 05. Code of Ethics
Regulation .01 Scope.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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.LinkCopy Citation
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 annotations
Authority: Health Occupations Article, §§1-212, 20-205, and 20-213, Annotated Code of Maryland
History: Effective date:
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)
History: Chapter revised and recodified from COMAR 10.57.04 to COMAR 10.57.05 effective April 19, 2010 (37:8 Md. R. 617)
History: Regulation .04 amended effective October 13, 2025 (52:20 Md. R. 1002)