This chapter establishes procedures for psychological screening of an applicant for employment in, or reinstatement to, a mandated position with the Department. In this chapter, the following terms have the meanings indicated. Terms Defined. Applicant. “Applicant” means an individual seeking employment with the Department in a mandated position who is: Initially entering State employment; or Currently employed by the State and seeking employment in a designated mandated position. “Applicant” includes an individual: Requesting reinstatement to a mandated position with the Department after the individual has been separated from the Department for more than 3 years; or Being reinstated to a mandated position with the Department as ordered by an administrative body or court if the individual has not been actively performing duties and responsibilities of the mandated position for more than 3 years. “Appointing authority” has the meaning stated in State Personnel and Pensions Article, §1-101(b), Annotated Code of Maryland. “Evaluation instrument” means a professionally developed test and protocol used by personnel managers in many fields to assess applicants for employment. Licensed Mental Health Care Professional. “Licensed mental health care professional” means an individual duly licensed, registered, or certified according to State requirements to work in the mental health field. “Licensed mental health care professional” includes, but is not limited to, a: Psychiatrist; Psychologist; Social worker; Professional counselor; or Psychiatric nurse. “Mandated position” has the meaning stated in COMAR 12.10.01.01B. “Psychological screening” means a process by which a licensed mental health care professional uses an evaluation instrument and, if appropriate, a personal interview to determine whether an applicant is mentally or emotionally suitable to perform the duties and responsibilities of a certain mandated position. An applicant for employment in a mandated position designated by the Department as requiring psychological screening shall participate in the Department's psychological screening process if the applicant is: Initially entering State employment; Currently employed by the State and seeking employment in a designated mandated position; Requesting reinstatement to a mandated position after separation from the Department for more than 3 years; or Being reinstated to a mandated position as ordered by an administrative body or court if the applicant has not been actively performing duties and responsibilities of the mandated position for more than 3 years. Before an applicant under §A of this regulation participates in psychological screening, the appointing authority, or a designee, shall, at a minimum, ensure that the applicant has: Met the selection standards under COMAR 12.10.01 for the mandated position; Met the requirements for a background investigation and criminal history record check under COMAR 12.10.01; and If applying under §A(1) or (2) of this regulation, received a conditional offer of employment for the mandated position. The manager of the Employee Health Services Unit shall: Establish and maintain a list of mandated positions that require psychological screening; and Distribute the current list and any updates to each Department appointing authority, or a designee. If the applicant accepts a conditional offer of employment or is being reinstated after separation or pursuant to an order by an administrative body or court and is otherwise eligible for employment in a mandated position, the appointing authority, or a designee, shall ensure that the applicant is scheduled for psychological screening by: Completing a psychological screening worksheet; and Forwarding the completed worksheet to the Department's Employee Health Services Unit. Upon receipt of a request for psychological screening, the Employee Health Services Unit shall schedule the psychological screening and notify the appointing authority, or a designee, of the following concerning the scheduled psychological screening: Date; Time; and Location. Upon receiving notice of the scheduled psychological screening, the appointing authority, or a designee, shall notify the applicant in writing: Of the information under §B of this regulation; That the applicant shall produce photographic identification at the time of the psychological screening; and Of procedures for rescheduling a psychological screening under Regulation .05 of this chapter. Except for the provisions under Regulation .05 of this chapter, if an applicant scheduled for psychological screening does not appear for the psychological screening as notified under §C of this regulation: The conditional offer of employment is automatically withdrawn or the reinstatement process is discontinued; and The applicant is subject to the conditions under Regulation .08 of this chapter. Procedure for Rescheduling. The Department's Employee Health Services Unit may reschedule a psychological screening if there is a conflict between an applicant's schedule and the schedule established for the psychological screening. An applicant requesting to reschedule a psychological screening shall: Make the request in writing; Include in the written request reasons to support rescheduling the psychological screening; and Forward the written request to the Department's Employee Health Services Unit with a copy to the appointing authority, or a designee, making notification under Regulation .04C of this chapter. If the Department's Employee Health Services Unit determines that the conflict is valid, the Department's Employee Health Services Unit shall reschedule the psychological screening according to the procedures under Regulation .04 of this chapter for scheduling a psychological screening. Unless the applicant requesting to reschedule the psychological screening receives notification of a rescheduled psychological screening, the applicant shall appear for the psychological screening as originally notified under Regulation .04 of this chapter. If an applicant does not appear as notified for a rescheduled psychological screening, the licensed mental health care professional shall notify the: Department's Employee Health Services Unit; and The appointing authority requesting the psychological screening. An appointing authority receiving notification under §B of this regulation shall notify the applicant, in writing, of the conditions under Regulation .08 of this chapter. The Department shall use an evaluation instrument to conduct psychological screening. Once an applicant completes the psychological screening, the licensed mental health care professional shall forward the completed evaluation instrument to the individual designated by the Department's Employee Health Services Unit to score the evaluation instrument. Within 5 days of scoring the evaluation instrument, the person scoring the evaluation instrument shall forward the scored evaluation instrument to the licensed mental health care professional who conducted the psychological screening. Upon receiving a scored evaluation instrument under Regulation .06 of this chapter, a licensed mental health care professional shall: Review the scored evaluation instrument; and Advise the appointing authority, in writing, of one of the following recommendations: The applicant is suitable for employment in the mandated position; That further evaluation of the applicant is required before a recommendation can be made regarding suitability for employment in the mandated position; or The applicant is not suitable for employment in the mandated position. If the licensed mental health care professional recommends that the applicant requires further evaluation, the licensed mental health care professional shall: Schedule the applicant for a personal interview with the licensed mental health care professional; Notify the applicant and the appointing authority requesting the psychological screening, in writing, of the date, time, and location of the personal interview; Include in the notification under §B(2) of this regulation the provisions for rescheduling the personal interview according to the procedures under Regulation .05 of this chapter for rescheduling a psychological screening; Obtain and review the applicant's background investigation material; Conduct the personal interview; and Following the personal interview, notify the appointing authority requesting the psychological screening, in writing, of the recommendation as to the applicant's suitability for employment in the mandated position under §A(2) of this regulation. If the applicant does not appear for the original or a rescheduled personal interview: The licensed mental health care professional shall notify the appointing authority, or a designee, requesting the psychological screening; and The appointing authority, or a designee, notified under §C(1) of this regulation shall notify the applicant, in writing, of the conditions under Regulation .08 of this chapter. If an applicant does not appear for a rescheduled psychological screening or personal interview, the appointing authority may not consider the applicant for employment in the mandated position with the Department for 1 year from the date of the last application. If, following the review of a scored evaluation instrument under Regulation .07 of this chapter, the licensed mental health care professional does not recommend the applicant as suitable for employment in the mandated position, an appointing authority may not consider the applicant for employment in a mandated position with the Department for 3 years from the date of the most recent application for employment in a mandated position. An appointing authority, or a designee, shall maintain the results of, and other information related to, a psychological screening in a manner that ensures confidentiality and compliance with the legal requirements for the retention of employment medical records. Correctional Services Article, §2-109, Annotated Code of Maryland Effective date: December 17, 2007 (34:25 Md. R. 2212)