# COMAR Title 10 — Maryland Department of Health

## Subtitle 58 — Board of Professional Counselors and Therapists

### Chapter 03 — Code of Ethics

#### Regulation .08 Records, Confidentiality, and Informed Consent.

*COMAR 10.58.03.08*

A. A counselor shall:

  (1) Maintain the privacy and confidentiality of a client and a client's records;

  (2) Release mental health records or information about a client only with a client's consent, or as permitted by Health-General Article, Title 4, Subtitle 3, Annotated Code of Maryland;

  (3) Release alcohol and substance abuse records or information about a client only with a client's consent, or as permitted by State and federal law;

  (4) Dispose of records in accordance with Health-General Article, Title 4, Annotated Code of Maryland;

  (5) Provide sufficient information to a client to allow a client to make an informed decision regarding treatment, including the following:

    (a) The purpose and nature of an evaluation or treatment process;

    (b) Additional options to the proposed treatment;

    (c) Potential reactions to the proposed treatment;

    (d) The estimated cost of treatment;

    (e) The right of a client to withdraw from treatment at any time, including the possible risks that may be associated with withdrawal; and

    (f) The right of a client to decline treatment, if part or all of the treatment is to be recorded for research or review by another person;

  (6) Obtain full informed consent of a client participating in a human research program; and

  (7) Protect a client's autonomy and dignity to decide whether to participate in a human research program.

B. A counselor may not imply that a penalty may result if a client refuses to participate in a human research program.