# COMAR Title 10 — Maryland Department of Health

## Subtitle 63 — Community-Based Behavioral Health Programs and Services

### Chapter 05 — Descriptions and Criteria for Programs Requiring a Non-Accreditation-Based License

**Authority:** Health-General Article, §§7.5-204, 8-402, 8-404, and 10-901, Annotated Code of Maryland

**Administrative History:** Effective date: July 1, 2016 (43:10 Md. R. 585)

#### Regulation .01 Scope.

*COMAR 10.63.05.01*

This chapter sets forth the descriptions of, and the criteria for, community behavioral health programs that are permitted to operate in Maryland so long as they have valid and current non-accreditation-based licenses under this subtitle. The program shall also meet the requirements of COMAR 10.63.01, 10.63.05—10.63.06.

#### Regulation .02 Requirements for Non-Accreditation Based Licenses.

*COMAR 10.63.05.02*

To operate in Maryland, the programs described in this chapter shall have a valid and current non-accreditation-based license to provide community-based behavioral health services.

#### Regulation .03 Covered Programs.

*COMAR 10.63.05.03*

This chapter applies to the following programs:

A. Substance-Related Disorder Assessment and Referral Program;

B. DUI Education Program; and

C. Early Intervention Level 0.5 programs.

#### Regulation .04 Substance-Related Disorder Assessment and Referral Program.

*COMAR 10.63.05.04*

To be licensed under this subtitle, a substance-related disorder assessment and referral program shall:

A. Be operated by a State or local government entity;

B. Provide a comprehensive assessment of an individual’s current status and relevant history in the following areas:

  (1) Alcohol, tobacco, and other drug use (ATOD);

  (2) Employment or financial support;

  (3) Gambling behavior;

  (4) ATOD and gambling treatment history;

  (5) Mental health;

  (6) Legal involvement;

  (7) Family and social systems;

  (8) Educational involvement; and

  (9) Somatic health, including a review of medication;

C. Diagnose behavioral health disorders;

D. Determine type and intensity of services needed for behavioral health disorders;

E. Refer to behavioral health services programs and other services as determined by assessment with appropriate follow-up; and

F. Have clinical staff authorized under the Health Occupations Article to provide the service.

#### Regulation .05 DUI Education Program.

*COMAR 10.63.05.05*

To be licensed under this subtitle, a DUI education program shall:

A. Provide services to individuals convicted under Transportation Article, §21-902, Annotated Code of Maryland, and ordered under Criminal Procedure Article, §6-219, to attend an education program;

B. Provide a comprehensive assessment, unless the participant has received an assessment by a licensed or certified clinician, or licensed program within the preceding 45 days, of a participant’s current status and relevant history in the following areas:

  (1) Alcohol, tobacco, and other drug use (ATOD);

  (2) Employment or financial support;

  (3) Gambling behavior;

  (4) ATOD and gambling treatment history;

  (5) Mental health;

  (6) Legal involvement;

  (7) Family and social systems;

  (8) Educational involvement; and

  (9) Somatic health, including a review of medications;

C. If the assessment determines that referral to a treatment program or other indicated service is necessary, make the referral and notify the court of the results of the assessment;

D. Require participants to successfully complete, at a minimum, six weekly, 2-hour sessions for a total of 12 hours;

E. Have instructors who, at a minimum, are certified as a Certified Supervised Counselor—Alcohol and Drug, as defined by Health Occupations Article, Title 17, Annotated Code of Maryland;

F. Teach the Administration’s curriculum or an equivalent curriculum approved by the Department, which covers:

  (1) Scope of the drinking-driver problem;

  (2) Drinking driver patterns and characteristics;

  (3) The pharmacology of drugs and alcohol;

  (4) The process of addiction to drugs and alcohol;

  (5) The relationship of substance use to criminal, health, family, and other social problems; and

  (6) Treatment resources; and

G. Report to the court or probation agent, as specified by the court order.

#### Regulation .06 Early Intervention Level 0.5 Program.

*COMAR 10.63.05.06*

To be licensed under this subtitle, an early intervention level 0.5 program shall:

A. Provide services to individuals:

  (1) Who meet the ASAM Criteria for level .05;

  (2) For whom a diagnosable substance-related disorder is not documented; and

  (3) Who are, for a known reason, at risk for developing a substance-related disorder;

B. Provide a comprehensive assessment, unless the participant has received an assessment by a licensed or certified clinician or licensed program within the preceding 45 days, of the participant’s current status and relevant history in the following areas:

  (1) ATOD use;

  (2) Employment or financial support;

  (3) Gambling behavior;

  (4) ATOD and gambling treatment history;

  (5) Mental health;

  (6) Legal involvement;

  (7) Family and social systems;

  (8) Educational involvement; and

  (9) Somatic health, including a review of medications;

C. If the assessment determines that referral to a treatment program or other service is necessary, make a referral to a treatment program or other service as indicated; and

D. Provide alcohol and drug education services.

#### Regulation .07 Requirements for Programs Requiring Non-Accreditation-Based Licenses.

*COMAR 10.63.05.07*

A. The provisions of this regulation apply to a program with a community-based behavioral health license that does not require accreditation.

B. Participant Rights.

  (1) A program shall:

    (a) Treat each participant with consideration, respect, and full recognition of the participant’s human dignity and individuality;

    (b) Provide care and services that are adequate, appropriate, and in compliance with relevant State, local, and federal laws and regulations;

    (c) Prohibit physical or mental abuse by the program staff;

    (d) Provide an atmosphere free from discrimination;

    (e) Prohibit use of any physical restraints;

    (f) Ensure privacy and confidentiality; and

    (g) Permit the participant to refuse to participate in any research.

  (2) A program shall post in a conspicuous area and provide to each participant a statement of participants’ rights.

C. Grievance Procedures. A program shall:

  (1) Provide the participant on admission with a description of the program’s grievance policy and procedures, which shall include the:

    (a) Participant’s right to grieve program decisions, including but not limited to:

      (i) Discharge; and

      (ii) Change in status or services;

    (b) Steps of the grievance process; and

    (c) Levels to which the grievance may be taken;

  (2) Take no retaliation against a participant who presents a grievance; and

  (3) Inform each participant if revisions are made to the grievance policy and the nature and extent of the revisions.

D. Nondiscrimination. A program may not discriminate in the provision of services on the basis of race, creed, color, age, gender, sexual orientation, gender identity, national origin, marital status, disabilities, and any other classification prohibited under State or federal law, including:

  (1) Americans with Disabilities Act, 42 U.S.C §12101 et seq.; and

  (2) Fair Housing Act, 42 U.S.C. §3604.