236 terms

bopc maryland law test

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Dual Relationship
means a relationship in which a counselor is simultaneously involved in more than one type of relationship with a client
Impaired Counselor
a counselor who cannot perform the counselor's job due to substance abuse, or psychological or physical illness
Sexual exploitation
means a counselor taking advantage of an unequal relationship between a counselor and a client, student, or supervisee, and not permitting the autonomy of a client, student or supervisee
Sexual Harassment
a deliberate or repeated comment, advance, gesture, solicitation, request, or physical contact of a sexual nature
Therapeutic Deception
means a representation by a counselor that sexual contact or sexual activity by or with a client is consistent with or part of a client's treatment
Professional Competence <br>A. A counselor shall:<br>(3 things)
(1) Practice only within the boundaries of a counselor's competence, based on education, training, supervised experience, and professional credentials;<br><br>(2) When developing competence in a new service or technique, or both, engage in ongoing consultation with other counselors or relevant professionals and acquire appropriate additional education or training, or both, in the new area; and<br><br>(3) Maintain qualifications to practice counseling, including meeting the continuing education requirements established by the Board.
.03 Professional Competence.<br>An impaired counselor shall:<br>(2 things)
(1) Suspend, terminate, or limit professional activities if the counselor determines that he or she is unable to continue professional activities; or<br><br>(2) Seek competent professional assistance to determine whether to suspend, terminate, or limit the scope of professional or scientific activities if a counselor becomes or is made aware that personal problems interfere with providing or conducting counseling or therapy services.
.04 Ethical Responsibility.<br><br>A. A counselor shall:<br>(14 Things)
(1) Consult with other counselors or other relevant professionals regarding questions related to ethical obligations or professional practice;<br><br>(2) Take credit only for professional work actually performed;<br><br>(3) Notify the Board if the counselor's license, or certificate, or both, has been limited, restricted, suspended, revoked, or subject to disciplinary action by any other state, federal agency, or the District of Columbia;<br><br>(4) Disclose, to all involved, conflicts of interest regarding confidentiality requirements;<br><br>(5) Receive appropriate written authorization to provide counseling services for minors or other clients unable to give informed consent;<br><br>(6) Protect the interests of minors or other clients unable to give informed consent;<br><br>(7) Maintain accurate records;<br><br>(8) Provide supervision to supervisees as required under COMAR 10.58.01, 10.58.07, and 10.58.08;<br><br>(9) Make arrangements for another appropriate professional to act in the event of an absence of the counselor;<br><br>(10) Provide lawfully requested treatment reports or evaluations, or both, to a client, insurance carriers, courts systems, institutions, or other authorized persons;<br><br>(11) Be familiar with and adhere to this chapter;<br><br>(12) Report suspected violations of Health Occupations Article, Title 17, Annotated Code of Maryland, to the Board;<br><br>(13) Cooperate with investigations, proceedings, and other requirements of the Board; and<br><br>(14) Take reasonable precautions to protect clients from physical or psychological trauma.
.04 Ethical Responsibility.<br>A counselor may not:<br>(3 things)
(1) Knowingly associate with, or permit the use of the professional counselor's name or firm name in a business venture by any person or firm which the professional counselor knows, or has reason to believe, is engaging in business or professional practices of a fraudulent or dishonest nature;<br><br>(2) Participate in dishonest, fraudulent, or deceitful activity in the capacity of a counselor; or<br><br>(3) Enter into relationships that could compromise a counselor's objectivity or create a conflict of interest.
.04 Ethical Responsibility.<br>C. A counselor involved in research shall:<br>(4 things)
(1) Respect and protect the dignity, privacy, and welfare of research subjects;<br><br>(2) Comply with existing federal and State laws and regulations concerning treatment of research subjects;<br><br>(3) Take responsibility for the ethical treatment of research participants by others directly and reasonably related to the research; and<br><br>(4) Clearly indicate to prospective recipients treatment given as part of a research study and obtain written permission in advance of treatment.
.05 The Counseling Relationship.<br><br>A. Client Welfare and Rights.<br><br>(1) A counselor shall:<br>(5 things)
(a) Inform clients of the purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed;<br><br>(b) Explain to clients the implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;<br><br>(c) Document attempts to inform other professional persons concurrently providing mental health services to a client;<br><br>(d) Assist clients in making appropriate arrangements for the continuation of treatment due to interruptions including but not limited to vacations and extended illness; and<br><br>(e) Make appropriate referrals.
.05 The Counseling Relationship.<br><br>A. Client Welfare and Rights.<br>(2) A counselor may not:<br>(4 things)
(a) Place or participate in placing clients in positions that may result in damaging the interests and the welfare of clients, employees, employers, or the public;<br><br>(b) Condone or engage in discrimination based on age, color, culture, disability, ethnic group, gender, race, religion, sexual orientation, marital status, or socioeconomic status;<br><br>(c) Abandon or neglect clients in counseling; or<br><br>(d) Foster dependent counseling relationships.
.05 The Counseling Relationship.<br>B. Dual Relationships.<br><br>(1) A counselor shall:<br>(2 things)
(a) Avoid dual relationships with clients; and<br><br>(b) Take appropriate measures, including but not limited to, informed consent, consultation, supervision, and documentation to ensure that judgment is not impaired and no exploitation occurs if a dual relationship cannot be avoided.
.05 The Counseling Relationship.<br>B. Dual Relationships.<br>(2) A counselor may not:<br>(2 Things)
(a) Exploit trust and dependency in relationships with supervisees, employees, research participants, students, or volunteers; or<br><br>(b) Accept as clients superiors or subordinates with whom a counselor has administrative, supervisory, or evaluative relationships.
.05 The Counseling Relationship.<br>C. Multiple Clients.<br><br>(1) A counselor shall clarify the unit of treatment in a counselor's written records as:
(a) Individual;<br><br>(b) Couple;<br><br>(c) Family;<br><br>(d) Group; or<br><br>(e) Any combination of §C(1)(a)À(d) of this regulation.
.05 The Counseling Relationship.<br>C. Multiple Clients.<br>A counselor shall identify in the written records individuals present in sessions, but
not a part of the unit of treatment.
.05 The Counseling Relationship.<br>C. Multiple Clients.<br><br>A counselor shall communicate limitations on ______ to all clients.
confidentiality
.05 The Counseling Relationship.<br>D. Termination and Referral.<br><br>(1) Termination may occur if:<br>(5 things)
(a) Services are no longer requested by a client;<br><br>(b) Counseling no longer serves a client's needs or interests;<br><br>(c) A counselor is unable to competently and ethically perform duties;<br><br>(d) A client does not pay the fees charged; or<br><br>(e) Agency or institution limits do not allow further counseling services.
.05 The Counseling Relationship.<br>D. Termination and Referral.<br>(2) A counselor may terminate a counseling relationship only after:
(a) Securing a client's agreement; or<br><br>(b) If a client does not agree to termination, offering an appropriate referral.
.06 Fees and Bartering.<br><br>A. A counselor shall explain to a client, before entering the counseling relationship,
all financial arrangements related to professional services including the use of collection agencies or legal measures for nonpayment.
.06 Fees and Bartering.<br><br>B. Except as provided in §C of this regulation, a counselor may not accept goods or services instead of monetary payment.<br><br>C. A counselor may accept goods or services instead of monetary payment only if:<br><br>4 things
(1) The relationship is not exploitative;<br><br>(2) The client requests it;<br><br>(3) A clear written contract is established; and<br><br>(4) The arrangements are an accepted practice among professionals in the community.
True or False<br><br>D. A counselor may accept or give anything of value for receiving or making a referral.
FALSE<br>D. A counselor may not accept or give anything of value for receiving or making a referral.
.07 Advertising, Public Statements, and Media Presentations.<br><br>A. Advertising.<br><br>True or False<br>(1) A counselor may place advertisements with directories, newspapers, periodicals, radio or television stations, or on the internet.
TRUE
(2) In placing advertisements or making other types of public statements, a counselor shall identify a counselor's credentials in a manner that is
accurate and not false, misleading, deceptive, or fraudulent.
(3) A counselor may not place advertisements or make public statements that:<br><br>7 things
(a) Contain false, fraudulent, misleading, deceptive, or unfair statements or information;<br><br>(b) Contain partial disclosures of relevant facts that misrepresent, mislead, or deceive;<br><br>(c) Contain information or facts intended or likely to create false or unjustified expectations of favorable results;<br><br>(d) Misrepresent, either directly or by implication, a counselor's professional qualifications such as education, experience, or areas of competence;<br><br>(e) Misrepresent, either directly or by implication, a counselor's affiliations or the purposes or characteristics of institutions or organizations with which a counselor is affiliated;<br><br>(f) Contain representations or implications that in reasonable probability can be expected to cause an ordinary prudent person to misunderstand or be deceived; or<br><br>(g) Contain representations that a counselor is willing to perform any procedure that is illegal under federal or State laws or regulations.
(4) If advertising on the internet, a counselor shall ensure that the advertisement contains<br><br>3 things
the counselor's name, credentials, and certificate or license number.
(5) In advertising products, workshops, or training events, a counselor shall:<br><br>2 things
(a) Comply with this section; and<br><br>(b) Ensure that the information disclosed is adequate for consumers to make informed choices.
True or False<br><br>(6) A counselor holding a doctoral degree in a field other than counseling may not represent that doctoral degree as relating to status or practice as a counselor.
True
B. Public Statements.<br><br>(1) A counselor shall:<br><br>4 things
(a) Correct others who misrepresent a counselor's professional qualifications or affiliations;<br><br>(b) Abstain from soliciting testimonial endorsements from current clients or other persons who, because of particular circumstances, are vulnerable to undue influence;<br><br>(c) Abstain from engaging in uninvited, in-person solicitation of business from actual or potential clients or others who, because of particular circumstances, are vulnerable to undue influence; and<br><br>(d) In the capacity of teacher, ensure that statements in course outlines are accurate and not misleading, false, or deceptive, including statements regarding subject matter to be covered, the basis for evaluating progress, and the nature of the course experience.
B. Public Statements.<br>(2) A counselor may not:<br>3 things
a) Use the counselor's place of employment or institutional affiliation to solicit or recruit clients, supervisees, or consultees for a counselor's private practice;<br><br>(b) Use counseling, teaching, training, or supervisory relationships:<br><br>(i) To promote a counselor's products or training events in a deceptive manner; or<br><br>(ii) On persons who, because of circumstances, may be vulnerable; or<br><br>(c) Claim organizational membership in a manner that suggests specialized competence, training, or qualifications that a counselor does not have.
(4) If advertising on the internet, a counselor shall ensure that the advertisement contains
the counselor's name, credentials, and certificate or license number.
(5) In advertising products, workshops, or training events, a counselor shall:<br>2 things
(a) Comply with this section; and<br><br>(b) Ensure that the information disclosed is adequate for consumers to make informed choices.
true or false<br>(6) A counselor holding a doctoral degree in a field other than counseling may not represent that doctoral degree as relating to status or practice as a counselor.
True
B. Public Statements.<br><br>(1) A counselor shall:<br>4 things
(a) Correct others who misrepresent a counselor's professional qualifications or affiliations;<br><br>(b) Abstain from soliciting testimonial endorsements from current clients or other persons who, because of particular circumstances, are vulnerable to undue influence;<br><br>(c) Abstain from engaging in uninvited, in-person solicitation of business from actual or potential clients or others who, because of particular circumstances, are vulnerable to undue influence; and<br><br>(d) In the capacity of teacher, ensure that statements in course outlines are accurate and not misleading, false, or deceptive, including statements regarding subject matter to be covered, the basis for evaluating progress, and the nature of the course experience.
B. Public Statements.<br>(2) A counselor may not:<br>3 things
(a) Use the counselor's place of employment or institutional affiliation to solicit or recruit clients, supervisees, or consultees for a counselor's private practice;<br><br>(b) Use counseling, teaching, training, or supervisory relationships:<br><br>(i) To promote a counselor's products or training events in a deceptive manner; or<br><br>(ii) On persons who, because of circumstances, may be vulnerable; or<br><br>(c) Claim organizational membership in a manner that suggests specialized competence, training, or qualifications that a counselor does not have.
C. Media Presentations. A counselor providing commentary or advice in a public lecture, presentation, demonstration, radio or television program, prerecorded electronic medium, printed article, mailed material, internet, or other medium, shall ensure that:<br>3 things
(1) Statements made are based on current and appropriate professional counseling literature and methodology;<br><br>(2) Recipients of the information are not mislead or encouraged to infer that a professional counseling relationship has been established; and<br><br>(3) Statements are in conformance with this chapter.
.08 Records, Confidentiality, and Informed Consent.<br><br>A. A counselor shall:<br><br>(1) Maintain the ________ and __________ of a client and a client's records;
privacy and confidentiality
.08 Records, Confidentiality, and Informed Consent.<br><br>A. A counselor shall:<br><br>(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;
.08 Records, Confidentiality, and Informed Consent.<br><br>A. A counselor shall:<br><br>(3) Release alcohol and substance abuse records or information about a client only with
a client's consent
Record <br><br>(4) Dispose of records in accordance with Health-General Article, Title 4, Annotated Code of Maryland;
A. A health care provider shall maintain a medical record in accordance with the records retention schedule and may dispose of the record when the minimum retention requirements as described in Regulation .04B of this chapter have been met.<br><br>B. For purposes of destruction, a medical record is an indivisible entity unless, in the health care provider's professional judgment, the medical record is divisible.<br><br>C. A health care provider shall ensure confidentiality of medical records throughout the disposal process:<br><br>(1) For paper records, by incineration, shredding, pulping, or other comparable process which renders the records permanently unreadable;<br><br>(2) For electronic or magnetic media, such as computer disks or magnetic tapes, by completely sanitizing the media, and not just by erasure or deletion;<br><br>(3) For other media, such as film, photos, or compact discs, by destroying the media with no possibility of recovery; and<br><br>(4) By complying with the HIPAA security provisions at 45 CFR §164.310(d), as amended.
.08 Records, Confidentiality, and Informed Consent.<br><br>A. A counselor shall:<br><br>(5) Provide sufficient information to a client to allow a client to make an informed decision regarding treatment, including the following:<br><br>6 things
(a) The purpose and nature of an evaluation or treatment process;<br><br>(b) Additional options to the proposed treatment;<br><br>(c) Potential reactions to the proposed treatment;<br><br>(d) The estimated cost of treatment;<br><br>(e) The right of a client to withdraw from treatment at any time, including the possible risks that may be associated with withdrawal; and<br><br>(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;
.08 Records, Confidentiality, and Informed Consent.<br><br>A. A counselor shall:<br><br>(6) Obtain _______ of a client participating in a human research program; and<br><br>(7) Protect a client's ____ and _____ to decide whether to participate in a human research program.
full informed consent<br><br>autonomy and dignity
True or False<br><br>A counselor may imply that a penalty may result if a client refuses to participate in a human research program.
False!!<br><br>A counselor may not imply that a penalty may result if a client refuses to participate in a human research program.
.09 Sexual Misconduct.<br><br>A. A counselor may not engage in sexual misconduct with a client or supervisee. Sexual misconduct includes but is not limited to:<br><br>5 things
1) Inappropriate sexual language;<br><br>(2) Sexual exploitation;<br><br>(3) Sexual harassment;<br><br>(4) Sexual behavior; and<br><br>(5) Therapeutic deception.
.09 Sexual Misconduct.<br><br>B. Concurrent Sexual Relationships. A counselor may not engage in either consensual or forced sexual behavior with:<br><br>3 things
(1) A client;<br><br>(2) A student or supervisee over whom the counselor exercises professional authority, or with whom the counselor maintains evaluative responsibility, supervision, or education, while the professional relationship continues to exist; or<br><br>(3) An individual with whom the client has a close personal relationship, including but not limited to a relative or significant individual in the client's life, if there is a risk of exploitation or potential harm to the client.
True or False<br><br>.09 Sexual Misconduct.<br><br>C. Relationship with Former Clients.<br><br>(1) Except as set forth in §C(3) of this regulation, a counselor may not engage in sexual behavior with a former client.
TRUE
True or False<br><br>(2) A counselor may terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship.
FALSE<br><br>(2) A counselor may not terminate professional services or a professional relationship with a client in order to enter into a nonprofessional, social, or sexual relationship with a client or an individual with whom a client has a close personal relationship.
(3) A counselor may enter into a relationship with an individual with whom a counselor's prior professional contact was
brief, peripheral, consultative, or indirect, and did not constitute a therapeutic relationship.
D. Prior Sexual Relationships. A counselor ( may or may not) provide professional services to an individual with whom a counselor has previously engaged in sexual behavior.
MAY NOT
E. Sexual Harassment.<br><br>(1) A counselor may not sexually harass a:<br><br>4 things
(a) Client;<br><br>(b) Student;<br><br>(c) Supervisee; or<br><br>(d) Supervisor.
(2) If sexually harassed by a client, a counselor shall:<br><br>3 things
(a) Seek professional consultation with another licensed health care professional;<br><br>(b) Redefine the professional plan of action in writing in a client's record, documenting all action taken in a client's treatment plan; and<br><br>(c) Terminate the relationship with the client and assist in a referral to another health care provider.
F. Therapeutic Deception. A counselor may not:<br><br>(1) Engage in sexual activity with a _____________ or _________ on the pretense of therapeutic intent or benefit;
client or an individual in a close personal relationship with a client,
F. Therapeutic Deception. A counselor may not:<br><br>(2) Represent to a client or individual in close personal contact with a client that sexual contact or activity by or with a counselor is ____________
consistent with or part of a client's therapy; or
F. Therapeutic Deception. A counselor may not:<br>(3) Suggest, recommend, or encourage a client to engage in a sexually provocative act, including but not limited to:<br><br>4 things
(a) Sexual contact with a counselor;<br><br>(b) Genital stimulation by or of a client or counselor;<br><br>(c) Undressing, by or of a counselor in the presence of a client, or of a client in the presence of a counselor; and<br><br>(d) Discussion or disclosure of a sexually provocative or erotic nature, not necessitated by treatment or treatment protocol.
.10 Physical Contact.<br><br>A. A counselor engaging in nontraditional treatment modalities using physical contact with a client shall document in a client's record:<br><br>3 things
(1) An assessment of a client;<br><br>(2) A written rationale for the use of the physical contact treatment modality for a client; and<br><br>(3) A copy of the informed consent, signed and dated by the client and the counselor which addresses:
(3) A copy of the informed consent, signed and dated by the client and the counselor which addresses:<br>(with regard to using physical contact)<br>4 things
(a) The risks and benefits of the physical contact treatment modality;<br><br>(b) The objective or objectives and intended outcome or outcomes of the proposed treatment;<br><br>(c) Available alternative interventions; and<br><br>(d) A description of the physical contact which may be reasonably anticipated by a client in the course of the proposed treatment.
.10 Physical Contact.<br><br>B. A counselor may not engage in a treatment modality involving physical contact if the risk of psychological harm to a client, as a result of the physical contact, has been assessed by a counselor ______ the possible benefits of the treatment, independent of a client's wishes.
to outweigh
.11 Sanctions.<br><br>A. A counselor who engages in sexual misconduct with a client or supervisee is subject to _____ by the Board.
sanctions
B. A sanction constitutes the (minimum or maximum) disciplinary measure and does not preclude the Board from imposing _________ as it considers appropriate to an individual case.
minimum<br><br>additional penalties
C. ______ shall advise professional associations of a reprimand, suspension, or revocation of a license or certificate on the grounds of sexual misconduct.
The Board
D. A counselor may not prohibit a client from reporting sexual misconduct as _________.
a condition of settlement of a legal cause of action
E. A counselor who does not comply with this chapter shall be in violation of Health Occupations Article, §17-313, Annotated Code of Maryland, and __________
subject to disciplinary actions.
F. A lack of knowledge, or misunderstanding of an ethical responsibility, (is, or is not) a defense against a charge of unethical conduct.
IS NOT
A. Written notice of a hearing shall be sent by the Board to all interested parties at least _______ before the hearing.
30 days
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:<br><br>2 things
(1) Date, time, and place of the hearing; and<br><br>(2) Issues or charges involved in the proceeding, provided, however, that if by reason of the nature of the proceeding, the issues cannot be stated in advance of the hearing, or if subsequent amendment of the issues is necessary, they shall be fully stated as soon as practicable.
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 ______ or _______, restricted delivery, return receipt requested.
registered or certified mail
.03 Representation of Parties.<br><br>Each party appearing at a formal hearing shall have the right to appear in _________ or __________
proper person, or by or with counsel.
.04 Prehearing Procedures.<br><br>A. Discovery.<br><br>(1) Discovery on Request. By written request served on the other party and filed with the Board, a party may require another party to produce, within 15 days, the following:<br><br>3 things
a) A list of witnesses to be called;<br><br>(b) Copies of documents intended to be produced at the hearing; or<br><br>(c) Both §A(1)(a) and (b) of this regulation.
(2) Mandatory Discovery.<br><br>(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:<br>2 things
(i) The name and curriculum vitae of any expert witness who will testify at the hearing; and<br><br>(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 finds that the report is not sufficiently specific, or otherwise fails to comply with the requirements of this section, the Board shall exclude from the hearing:<br><br>2 things
(i) The testimony of the expert; and<br><br>(ii) Any report of the expert.
(c) The Board shall consider and decide arguments regarding the sufficiency of the report:<br><br>2 things (when)
(i) At the prehearing conference, if scheduled; or<br><br>(ii) Immediately before the scheduled hearing.
True or False<br>(3) Parties are not entitled to discovery of items other than as listed in §A(1) and (2) of this regulation.
true
(4) Both parties have a continuing duty to supplement their disclosures of ______ and ______
witnesses and documents.
(5) Absent unforseen circumstances which would otherwise impose an extraordinary hardship on a party, witnesses or documents may not be added to the list:<br><br>2 things (when)
(a) After the prehearing conference, if scheduled; or<br><br>(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 _____ or _____ purposes
impeachment or rebuttal purposes.
B. Prehearing Conferences. The Board may set prehearing conferences as
it deems appropriate.
C. Oaths and Subpoenas.<br><br>(1) The Board may administer ______ and ______ 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 the Chairman or Secretary and the seal of the Board.
oaths and compel the attendance
(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 in the party's behalf.
D. Motions filed by a party shall be accompanied by a memorandum of points and authorities, and shall be filed with the Board at least __________ before the hearing, and a copy served on the opposing party. Any response shall be filed with the Board at _________ before the hearing and a copy shall be served on the opposing party.
10 working days<br><br>least 5 working days
B. Duties of Presiding Officer.<br><br>(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, an administrative law judge under State Government Article, §§9-1601À9-1610, Annotated Code of Maryland, shall be the presiding officer.<br><br>(2) The presiding officer shall:<br><br>5 things
(a) Have complete charge of the hearing;<br><br>(b) Permit the examination of witnesses;<br><br>(c) Admit evidence;<br><br>(d) Rule on the admissibility of evidence; and<br><br>(e) Adjourn or recess the hearing from time to time.
.05 Conduct of the Hearing.<br><br>(3) _________ (who) may set reasonable time limits on arguments and presentation of evidence.
The presiding officer
(4) The presiding officer shall be responsible for _____ in hearings and can suspend the proceedings as necessary to maintain _______.
decorum- behavior in keeping with good taste and propriety
C. Legal Advisor and Counsel for the Board.<br><br>(1) The Board may request the ________ to participate in any hearing to present the case on behalf of the Board.
Office of the Attorney General
(2) The member of the Office of the Attorney General presenting the case on behalf of the Board shall have all the following rights:<br><br>4 things
(a) The submission of evidence;<br><br>(b) Examination and cross-examination of witnesses;<br><br>(c) Presentation of summation and argument; and<br><br>(d) Filing of objections, exceptions, and motions.
(3) The Board may also request a representative of the _____ to act as legal advisor to the Board as to questions of evidence and law.
Office of the Attorney General
D. Order of Procedure. <br><br>The _____ shall present its case first. Then the ________ shall present his case. After this the _____ may present rebuttal.
State<br>respondent<br>State
E. Examination of Witnesses and Introduction of Evidence.<br><br>(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.<br><br>(2) Each party has the right to:<br><br>3 things
(a) Call witnesses and present evidence;<br><br>(b) Cross-examine witnesses called by the Board or other party;<br><br>(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 (by who?).
solely by counsel
(4) Witnesses.<br><br>3 things
a) The presiding officer, or any person designated by the presiding officer for the purpose, may examine any witness called to testify.<br><br>(b) The presiding officer may call as witness any person in attendance at the hearing.<br><br>(c) Any member of the Board may examine any witness called to testify.
(5) If an accused or complainant fails to appear at a hearing after due notice, the Board or its designee may _____ or _____
reschedule the hearing, or may proceed upon the available investigation, report, documents, witnesses, and records.
06 Records and Transcript.<br><br>A. The Board shall prepare an official record which shall include <br><br>3 things
all pleadings, testimony, 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, however, 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 ______
by the party requesting the transcript.
.07 Decision and Order.<br><br>A. Each decision and order rendered by the Board shall be in _____ and shall be accompanied by ______ and ______.<br><br>B. A copy of the decision and order and accompanying findings and conclusions shall be ______ or ____ to each party or attorney of record.
writing <br><br>findings of fact and conclusions of law<br><br>delivered or mailed promptly
08 Rehearings.<br><br>A. A party aggrieved by the decision and order rendered may apply for rehearing within ______ after service on the party of the decision and order. Action on an application shall lie in the discretion of the Board.
10 days
B. Unless otherwise ordered, neither the ________ or _____ shall stay the enforcement of the order, or excuse the person affected for failure to comply with its terms.
rehearing nor the application for it
true or false<br><br>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.
true
true or false<br>.09 Appeals.<br><br>A person whose certificate has been revoked or suspended by the Board, or a person placed on probation or reprimand under the regulations in this chapter, may appeal the Board's decision as provided by the law.
true
A counselor must Inform clients of 7 things in informed consent
purposes, goals, techniques, procedures, limitations, potential risks, and benefits of services to be performed;
(b) Explain to clients the
implications of diagnosis, the intended use of tests and reports, fees, and billing arrangements;
(8) "Continuing education unit (CEU)" means
60 minutes of activity that is approved by the Board to fulfill the continuing education requirements.
(10) "Home study" means independent study that:<br><br>2 things
(a) Is not evaluated by a formal process documenting a minimum mastery of materials; and<br><br>(b) Does not issue a verification of program completion.
"Renewal date" means
the date upon which a certificate or license expires, as specified in the notice sent to the certified or licensed professional counselor by the Board in accordance with Health Occupations Article, §§17-309(b) and 17-3A-08(b), Annotated Code of Maryland.
"Renewal period" means
the 2-year period immediately before the renewal date.
"Seminar" means
a meeting or meetings of highly experienced participants or experts with an expert leader who conducts a discussion on a specific topic.
Symposium" means
a presentation or presentations by two or more speakers with different views on a specific topic and with a discussant who summarizes the issues.
"Workshop" means
a meeting or meetings of general sessions and face-to-face groups with a leader, an expert in the defined content area, who imparts information to participants who have ample opportunity to interact.
The certificate or license holder shall complete a minimum of __________ CEUs in each renewal period, as follows:
40
The certificate or license holder shall complete a minimum of 40 CEUs in each renewal period, as follows:<br><br>divided into 2 parts<br>what are they?
(1) At least 30 CEUs shall be in Category A activities and not more than 10 CEUs may be in Category B activities; or<br><br>(2) All 40 CEUs may be in Category A activities.
Can CEUs that are in excess of requirements be carried over to the next renewal period?
NO<br>CEUs that are in excess of requirements may NOT be carried over to the next renewal period.
A certificate or license holder who has a renewal period of less than 2 years shall complete a minimum of _____ Category A CEUs for that renewal period.
20
(1) A license or certificate holder shall attest to completion of required CEUs at _______ (when) on a form supplied by the Board.
the time of renewal or reinstatement,
(2) The license or certificate holder shall obtain the requisite documentation of CEU attendance and retain this documentation for the succeeding _______ (how long?) for possible inspection by the Board.
4 years
(a) The required documentation of Category A activities as defined in Regulations .04 and .05 of this chapter include:<br><br>5 things
(i) Certificates of participation;<br><br>(ii) Transcripts;<br><br>(iii) Reprints of publications;<br><br>(iv) Proof of presentations; or<br><br>(v) Any other information necessary to verify compliance with the requirements of Regulations .04 and .05 of this chapter.
(b) The required documentation of Category B activities as defined in Regulations .04 and .06 of this chapter, include:<br><br>5 things
(i) Dates;<br><br>(ii) Names of presenters;<br><br>(iii) Outlines of presentations;<br><br>(iv) Topics of meetings; or<br><br>(v) Any other information necessary to verify compliance with the requirements of Regulations .04 and .06 of this chapter.
True or false<br><br>(4) The license or certificate holder shall demonstrate that the CEU activity fell within the renewal period.
true
A. To qualify for approval by the Board, continuing education activities shall employ didactic and experiential methods to meet one of the following objectives:<br><br><br>4 things
(1) Maintain professional competency;<br><br>(2) Increase professional skills and knowledge;<br><br>(3) Prepare for new roles or responsibilities in the practice of counseling or therapy; or<br><br>(4) Expand the science of counseling and therapy theory, method, or practice.
B. The following activities are specifically excluded from continuing education credit and do not meet any required objective:<br><br><br>three things
(1) Business meetings, professional committee meetings, and meetings concerned with the management of a professional practice;<br><br>(2) Presentations and publications intended for a lay audience; and<br><br>(3) Home study.
A. The Board may approve the following activities for CEUs in Category A:<br><br>(1) Attending formally organized Category A programs as follows:<br><br>(a) The programs shall meet the following criteria:
(i) The program is offered by a sponsor approved by the Board to present Category A programs,<br><br>(ii) The program is intended for a professional mental health audience,<br><br>(iii) The program has a stated purpose and defined content area,<br><br>(iv) Presenters are professionals qualified in the defined content area,<br><br>(v) The program's time period is clearly stated,<br><br>(vi) Registration and attendance is recorded by the program's sponsor,<br><br>(vii) Documentation of completion is provided, and<br><br>(viii) Participants are required to complete an evaluation of the program; and<br><br>(b) The program may be formally organized and classified as a course, workshop, seminar, or symposium;
(2) Developing and presenting a Category A program which is credited as follows:
(a) Up to 3 hours of CEU credit may be claimed by the presenter for each hour of presentation of the program with a maximum of 20 CEUs;<br><br>(b) Up to 3 hours of CEU credit may be claimed for each hour of presentation, at a professional or scientific organization, of a professional or scientific paper prepared by the licensee or certificate holder, with a maximum of 6 CEUs per paper; and<br><br>(c) Each program may be credited only once in each renewal period; or
(3) Authoring, editing, or reviewing a juried publication with CEUs earned only in the year of publication, and only to the following extent:<br>(a) Author of a bookÀmaximum of ___ CEUs;<br><br>(b) Author of a book chapter or journal articleÀmaximum of ___ CEUs;<br><br>(c) Editor of a bookÀmaximum of ____ CEUs;<br><br>(d) Editor of a scientific or professional journal recognized by the BoardÀmaximum of ___ CEUs for each year of service; or<br><br>(e) Reviewer of a professional book, scientific journal, or professional journal recognized by the BoardÀmaximum of ___ CEUs for each year of service.
40<br><br>15<br><br>30<br><br>30<br><br>10
2) Developing and presenting a Category A program which is credited as follows:<br><br>(a) Up to ____ hours of CEU credit may be claimed by the presenter for each hour of presentation of the program with a maximum of _______ CEUs;
3 <br><br>20
Up to ____ hours of CEU credit may be claimed for each hour of presentation, at a professional or scientific organization, of a professional or scientific paper prepared by the licensee or certificate holder, with a maximum of _____ CEUs per paper; and<br><br>(c) Each program may be credited ______ (how many times) in each renewal period; or
3 <br><br>6<br><br>only once
B. When a certificate holder or licensee, after meeting the education requirements for certification or licensure at the degree level at which the licensee or certificate holder became certified or licensed, completes for credit semester hours of qualifying graduate-level or undergraduate-level course work at an accredited institution of higher education, each semester hour is considered the equivalent of ________ of CEUs.
15 hours
A. The Board may approve the following activities for CEUs in Category B:<br><br>(<br><br>three things
1) Attendance at or presentation of informal courses, in-house colloquia, invited speaker sessions, in-house seminars, and case conferences which are specifically designed for training, teaching, or both;<br><br>(2) Attendance at or presentation of informal non-publicized programs offered at professional or scientific meetings of local, state, regional, national, and international professional or scientific organizations; or<br><br>(3) Individualized learning, such as receiving formal professional supervision (except administrative supervision), participation in peer case conference or peer supervision groups, and participation in distance learning programs with evidence of appropriateness, minimum mastery of materials, and completion.
true or false <br><br>B. Programs that do not meet the criteria for Category A may be eligible for Category B if the programs meet the objectives of this chapter.
true
A. Authorizing Sponsored Programs.<br><br>three things the board shall do lol
(1) The Board shall establish a committee to advise the Board on continuing education.<br><br>(2) The committee shall evaluate and the Board may authorize applicants to sponsor Category A programs.<br><br>(3) The committee may recommend Board approval of programs by authorized sponsors for Category A according to the objectives stated in Regulations .04A and .05 of this chapter.
B. Criteria for Program Eligibility.<br><br>(1) The Board shall evaluate each continuing education program submitted on the basis of the following criteria:
(a) Relevance of the subject matter to increase or support the development of skill and competence in counseling or therapy;<br><br>(b) Objectives of specific information or skill to be learned;<br><br>(c) Program content, educational methods, materials, and facilities used, including the frequency and duration of sessions and the adequacy to implement objectives; and<br><br>(d) Sponsorship and leadership of programs, including:<br><br>(i) The qualifications of the sponsoring individual or organization,<br><br>(ii) Program leaders if different from sponsors, and<br><br>(iii) The contact person if different from those in §B(1)(d)(i) or (ii) of this regulation.
true or false<br><br>(2) A program sponsored by the American Counseling Association, the National Board for Certified Counselors, the American Association for Marriage and Family Therapy, the National Association of Alcohol and Drug Abuse Counselors, or their regional or state affiliates is automatically approved by the Board for Category A, unless otherwise excluded.
true
true or false<br><br>3) A program sponsored by an accredited institution of higher education and state departments of health and mental hygiene is automatically approved by the Board for Category A, unless otherwise excluded.
true
(4) The following may be authorized to sponsor Category A programs upon application and approval by the Board:
(a) National, state, or local professional, scientific, or mental health organizations;<br><br>(b) Those individuals certified or licensed by the Board; and<br><br>(c) Other agencies, institutions, or organizations providing continuing education programs in the interest of carrying out the intent of Health Occupations Article, §§17-309 and 17-3A-08, Annotated Code of Maryland, and Regulations .04 and .05 of this chapter.
(1) What 2 things must be submitted to the Board for authorization of programs of sponsoring agencies meeting the requirements of these regulations.
An application, on a form provided by the Board, shall be made and fee
(2) The application shall be submitted to the committee at least _______ before the scheduling of each continuing education program.
10 weeks
(3) Authorized sponsors shall state in the continuing education program description the following:<br><br>3 things
(a) "A certificate for (number of hours) CEUs of Category A will be awarded upon completion of this (type of program)";<br><br>(b) "(Name of organization) has been approved by the Maryland State Board of Examiners as an authorized sponsor who may provide Category A CEUs for certified or licensed professional counselors, marriage and family therapists, and alcohol and drug counselors"; and<br><br>(c) "(Name of organization) maintains responsibility for the program".
(4) Authorized sponsors shall maintain documentation of registration and attendance records, stated purpose, content and presentation, time and length of the activity, and participant evaluations for a _______ period following the program that may be audited by the Board.
4-year
(5) Approved sponsors' programs shall be approved for a _______ period except as otherwise provided in §D of this regulation.
2-year period
6) Certificate holders and licensees may request, upon ____________ (what must they do) that the Board review programs that do not have pre-approval for awarding CEU units.
payment of a fee,
true or false<br><br>D. Withdrawal of Approval. Authorization may be withdrawn when, in the judgment of the Board, the intent of Health Occupations Article, §§17-309 and 17-3A-08, Annotated Code of Maryland, and Regulations .04, .05, and .06 of this chapter are no longer served.
true
(2) The certificate holder or licensee who is audited shall ...
provide full documentation of CEUs as set forth in Regulation .03D of this chapter on a completed form provided by the Board.
(4) A certificate holder or licensee who fails to renew by the renewal date shall ...
provide full documentation as set forth in Regulation .03D of this chapter on a completed form provided by the Board.
B. Extension of Time to Meet CEU Requirements.<br><br>(1) A written request for an extension of time in which to complete CEU requirements shall be submitted by _______ (when)
the certificate holder's or licensee's renewal date.
(2) The Board may grant an extension and renew a certificate or license if the Board determines that:<br><br><br>2 things
(a) Failure to fulfill the requirements is clearly a result of a significant illness, a procedural or technical difficulty, or other circumstances beyond the control of the certificate holder or licensee; and<br><br>(b) The certificate holder or licensee readily and appropriately attempted to fulfill the CEU requirements.
true or false<br><br>3) The Board may deny the request for an extension, deny renewal of the certificate or license, or issue any other order the Board finds appropriate.
true
(4) CEUs which are acquired in order to fulfill the conditions of an extension may be credited only for the ___________
previous renewal period.
A. Within 1 calendar year after the certificate or license renewal date, the Board may reinstate the certificate or license of a certificate holder or licensee otherwise entitled to reinstatement under Health Occupations Article, §§17-310(b) and 17-3A-09(b), Annotated Code of Maryland, whose certificate or license was not renewed due to failure to complete continuing education requirements for renewal if the certificate holder or licensee:<br><br><br>2 things
(1) Completed within that year the minimum of 40 CEUs required during the prior renewal period as set forth in Regulation .03A of this chapter; and<br><br>(2) Pays to the Board a reinstatement fee set by the Board.
B. CEUs which are acquired in order to reinstate under §A(1) of this regulation may be credited _____ (how many times) and may not be credited for any future renewals.
only once
A. In accordance with Health Occupations Article, §§17-310 and 17-3A-09, Annotated Code of Maryland, a request to transfer a certificate or license to inactive status shall be granted on written request and payment of the fee set forth in COMAR 10.58.02.<br><br>B. The procedure as shown in §A of this regulation may occur only if ....
the certificate or license is still active at the time application for inactive status is made.
C. A certificate holder or licensee on inactive status seeking to be reinstated to active status shall be required, as a condition of reinstatement, to submit proof of having completed:<br><br>(1) ____ Category A CEUs for 2 or less years of inactive status; or<br><br>(2) ____ Category A CEUs for 3 or more years of inactive status, at least 40 of which shall have been obtained within the 2-year period immediately preceding the application for reinstatement.<br><br><br>2 things
40 <br><br>or <br><br>80
(6) "Penalty" means
a monetary penalty.
A. Imposition of a Penalty After a Hearing. If, after a hearing under Health Occupations Article, §17-314, Annotated Code of Maryland, the Board finds that there are grounds under Health Occupations Article, §17-313, Annotated Code of Maryland, to place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license or certificate, the Board may impose a penalty not exceeding _______ instead of or in addition to:<br><br>3 things
$5,000<br><br><br>(1) Placing the licensee or certificate holder on probation;<br><br>(2) Reprimanding the licensee or certificate holder; or<br><br>(3) Suspending or revoking the license or certificate.
B. Imposition of a Penalty Without a Hearing. If, after disciplinary procedures have been brought against a licensee or certificate holder and the licensee or certificate holder waives the right to a hearing required under State Government Article, Title 10, Annotated Code of Maryland, and if the Board finds that there are grounds under Health Occupations Article, §17-313, Annotated Code of Maryland, to place the licensee or certificate holder on probation, reprimand the licensee or certificate holder, or suspend or revoke the license or certificate, the Board may impose a penalty not exceeding _____ for each violation in addition to:<br><br>3 things
$5,000<br><br><br>(1) Placing the licensee or certificate holder on probation;<br><br>(2) Reprimanding the licensee or certificate holder; or<br><br>(3) Suspending or revoking the license or certificate.
If the Board determines that the imposition of a penalty is appropriate, the Board shall consider the following factors, without limitations, in determining the amount of penalty:<br><br>4 things
A. The extent to which the licensee or certificate holder derived any financial benefit from the unprofessional or improper conduct;<br><br>B. The willfulness of the unprofessional or improper conduct;<br><br>C. The extent of actual or potential harm caused by the unprofessional or improper conduct; and<br><br>D. The cost of investigating and prosecuting the case against the licensee or certificate holder.
A. A licensee or certificate holder shall pay to the Board a penalty imposed under this chapter as of ____________ unless the Board's order specifies otherwise.
of the date the Board's order is issued,
B. Filing an appeal under State Government Article, §10-222, Annotated Code of Maryland, or Health Occupations Article, §17-315, Annotated Code of Maryland, (does or does not???) automatically stay payment of a penalty imposed by the Board under this chapter.
Does Not
C. If a licensee or certificate holder fails to pay in whole or in part, a penalty imposed by the Board under this chapter, the Board may not restore, reinstate, or renew a license or certificate until ______________
the penalty has been paid in full.
true or false <br><br>. The Board may refer all cases of delinquent payment to the Central Collection Unit of the Department of Budget and Management to institute and maintain proceedings to ensure prompt payment.
true
E. The Board shall pay all monies collected under this chapter into the _________
State's General Fund.
The Board may find that a compelling public purpose warrants disclosure of information in a certification, licensing, or investigative file, regardless of whether there has been a request for the information, and may disclose the information under the following circumstances:<br><br>3 things
A. The information concerns possible criminal activity and is disclosed to a federal, state, or local law enforcement or prosecutorial official or authority;<br><br>B. The information concerns a possible violation of law and is disclosed to a federal, state, or local authority that has jurisdiction over the individual whose conduct may be a violation and the information disclosed is limited to information relevant to the possible violation by that individual; or<br><br>C. The information concerns conduct by an individual which the Board 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 that regulates the individual, or to a hospital or other health care facility where the individual has privileges.
Abuse.- "Abuse" means:
1) the physical or mental injury of a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member, under circumstances that indicate that the child's health or welfare is harmed or at substantial risk of being harmed; or <br>(2) sexual abuse of a child, whether physical injuries are sustained or not.
(d) Central registry.-
(1) Except as provided in paragraph (2) of this subsection, "central registry" means any component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations. <br>(2) "Central registry" does not include a local department case file.
"Family member" means
a relative by blood, adoption, or marriage of a child.
(2) "Health practitioner" does not include
an emergency medical dispatcher.
"Household" means the location:
(1) in which the child resides; <br>(2) where the abuse or neglect is alleged to have taken place; or <br>(3) where the person suspected of abuse or neglect resides.
"Household member" means
a person who lives with, or is a regular presence in, a home of a child at the time of the alleged abuse or neglect.
"Identifying information" means
the name of: <br>(1) the child who is alleged to have been abused or neglected; <br>(2) a member of the household of the child; <br>(3) a parent or legal guardian of the child; or <br>(4) an individual suspected of being responsible for abuse or neglect of the child.
"Indicated" means
a finding that there is credible evidence, which has not been satisfactorily refuted, that abuse, neglect, or sexual abuse did occur.
1) "Law enforcement agency" means a State, county, or municipal police department, bureau, or agency. <br>(2) "Law enforcement agency" includes: <br><br>4 thingz
i) a State, county, or municipal police department or agency; <br>(ii) a sheriff's office; <br>(iii) a State's Attorney's office; and <br>(iv) the Attorney General's office.
"local department" means the local department that has jurisdiction in the county:
(1) where the allegedly abused or neglected child lives; or <br>(2) if different, where the abuse or neglect is alleged to have taken place.
"Local department case file" means
that component of the Department's confidential computerized database that contains information regarding child abuse and neglect investigations to which access is limited to the local department staff responsible for the investigation.
"Mental injury" means
the observable, identifiable, and substantial impairment of a child's mental or psychological ability to function.
"Neglect" means
the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or other person who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate: <br>(1) that the child's health or welfare is harmed or placed at substantial risk of harm; or <br>(2) mental injury to the child or a substantial risk of mental injury.
"Record" means
the original or any copy of any documentary material, in any form, including a report of suspected child abuse or neglect, that is made by, received by, or received from the State, a county, or a municipal corporation in the State, or any subdivision or agency concerning a case of alleged child abuse or neglect.
"Report" means
an allegation of abuse or neglect, made or received under this subtitle.
"Ruled out" means
a finding that abuse, neglect, or sexual abuse did not occur.
Sexual abuse" means
any act that involves sexual molestation or exploitation of a child by a parent or other person who has permanent or temporary care or custody or responsibility for supervision of a child, or by any household or family member.
2) "Sexual abuse" includes: <br><br><br>three things
(i) incest, rape, or sexual offense in any degree; <br>(ii) sodomy; and <br>(iii) unnatural or perverted sexual practices.
"Unsubstantiated" means
a finding that there is an insufficient amount of evidence to support a finding of indicated or ruled out.
(a) In general.- Notwithstanding any other provision of law, including any law on privileged communications, each health practitioner, police officer, educator, or human service worker, acting in a professional capacity in this State: <br>(1) (i) who has reason to believe that a child has been subjected to abuse, shall notify ______ or the ______; or <br>(ii) who has reason to believe that a child has been subjected to neglect, shall notify ______; and
the local department or appropriate law enforcement agency<br><br>the local department
if acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, shall immediately notify and give all information required by this section to ______________
the head of the institution or the designee of the head.
1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make: <br>(i) an oral report, by telephone or direct communication, as soon as possible: <br><br>to __________ or _________
1. to the local department or appropriate law enforcement agency if the person has reason to believe that the child has been subjected to abuse; or <br>2. to the local department if the person has reason to believe that the child has been subjected to neglect; and
(1) An individual who notifies the appropriate authorities under subsection (a) of this section shall make: <br>(i) an oral report, by telephone or direct communication, as soon as possible: <br>to ______ or _______ if suspects abuse <br><br>or to _________ if suspects neglect<br><br>and a written report to<br><br>_________ no later than _______ hours after the contact that caused the individual to believe that the child had been subjected to abuse or neglect<br><br>with a copy to ________ if they suspect abuse
to the local department or appropriate law enforcement agency<br><br>or <br><br> to the local department<br><br> to the local department<br><br>48 hours<br><br>the local state Attorney
(ii) a written report: <br><br>1. to the local department not later than ________ after the contact, examination, attention, or treatment that caused the individual to believe that the child had been subjected to abuse or neglect; and <br><br>2. with a copy to the ________ if the individual has reason to believe that the child has been subjected to abuse.
48 hours <br><br>local State's Attorney
(c) Contents of report.- Insofar as is reasonably possible, an individual who makes a report under this section shall include in the report the following information:<br>5 things
(1) the name, age, and home address of the child; <br>(2) the name and home address of the child's parent or other person who is responsible for the child's care; <br>(3) the whereabouts of the child; <br>(4) the nature and extent of the abuse or neglect of the child, including any evidence or information available to the reporter concerning possible previous instances of abuse or neglect; and <br>(5) any other information that would help to determine: <br>(i) the cause of the suspected abuse or neglect; and <br>(ii) the identity of any individual responsible for the abuse or neglect.
"Appraisal" means:
(i) Selecting, administering, scoring, and interpreting instruments designed to assess an individual's aptitudes, attitudes, abilities, achievements, interests, and personal characteristics; and<br>(ii) Using nonstandardized methods and techniques for understanding human behavior in relation to coping with, adapting to, or changing life situations.
"Appraisal" does not include instruments which require
specialized psychological training for administration and interpretation unless the licensed counselor or therapist has completed the training required under § 17-310 of this title.
"Counseling" means assisting an individual, family, or group through the client-counselor relationship:<br><br>5 ways
(1) To develop understanding of intrapersonal and interpersonal problems;<br><br>(2) To define goals;<br><br>(3) To make decisions;<br><br>(4) To plan a course of action reflecting the needs, interests, and abilities of the individual, family, or group; and<br><br>(5) To use informational and community resources, as these procedures are related to personal, social, emotional, educational, and vocational development and adjustment.
(1) The Board consists of ______ members appointed by the ______ with the advice of the ____________.
13 <br><br>Governor<br><br>Secretary
Of the 13 Board members:<br>(i) _______ shall be licensed as clinical professional counselors;<br><br>(ii) _______ shall be licensed as clinical marriage and family therapists;<br><br>(iii) _____ shall be licensed as clinical alcohol and drug counselors; and<br><br>(iv) ______ shall be consumer members.
Five <br><br>Three<br><br>Three<br><br>Two
(2) Of the 13 Board members:<br><br>(i) Five shall be licensed as ____________
clinical professional counselors;
(2) Of the 13 Board members:<br><br>(ii) Three shall be licensed as ___________<br><br>another Three shall be licensed as ___________
clinical marriage and family therapists;<br><br>and <br><br>drug and alcohol counselors
(2) Of the 13 Board members:<br><br>(iv) Two shall be
consumer members.
3) The composition of the Board as to the race and sex of its members shall reflect the ___________
composition of the population of the State.
(4) ______ (who) shall appoint the counselors and therapists from a list submitted to the _______ by the _______. Any association representing professional counselors, marriage and family therapists, or alcohol and drug counselors may submit recommendations for Board members to the __________.
The Governor<br><br>Governor <br><br>Secretary<br><br>Secretary
Qualifications of consumer member. -- The consumer members of the Board:
(1) Shall be members of the general public;<br>(2) May not be or ever have been certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;<br>(3) May not have a household member who is certified or licensed as a counselor or therapist or in training to become certified or licensed as a counselor or therapist;<br>(4) May not participate or ever have participated in a commercial or professional field related to professional counseling, marriage and family therapy, or alcohol and drug counseling;<br>(5) May not have a household member who participates in a commercial or professional field related to professional counseling, marriage and family therapy, or alcohol and drug counseling;<br>(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board; and<br>(7) While members of the Board, may not have a substantial financial interest in a person regulated by the Board
(1) The term of a member is ____ years.
4
(3) At the end of a term, a member continues to serve until __________
a successor is appointed and qualifies.
(4) A member may not serve more than ______ consecutive full terms.
2
(5) To the extent practicable, the Governor shall fill any vacancy on the Board within ____ days of the date of the vacancy.
60
(1) ______ may remove a member for in competency, misconduct, or neglect of duty.<br><br>(2) Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from _______ successive Board meetings without adequate reason.
The Governor<br><br> 2
(b) Additional duties. -- In addition to the duties set forth elsewhere in this title, the Board shall:<br>(1) Maintain a _______ of all counselors or therapists currently licensed or certified by the Board;<br><br>(2) Submit an annual report to the _______ and ________<br><br>(3) Adopt a ________ that the Board considers to be appropriate and applicable to the counselors or therapists currently certified or licensed by the Board;<br><br>(4) Establish ______ ______ _______ for the counselors or therapists currently certified or licensed by the Board;<br><br>(5) Adopt an official ______; and<br><br>(6) Create _______ as it deems appropriate to advise the Board on special issues.
registry<br><br>Governor and the Secretary;<br><br>code of ethics<br><br>continuing education requirements<br><br>seal<br><br>committees
true or false <br><br>(3) The Board shall investigate all complaints filed against licensed counselors and therapists if, at the time of the violation, the licensed counselor or therapist has also registered and qualified for psychology associate status by virtue of holding a master's degree under Title 18 (Maryland Psychologists Act) of this article.
true
(4) The Board shall notify the Board of Examiners of Psychologists of the complaint in writing within _____ days of receipt of the complaint if an investigation of the supervising licensed psychologists is warranted.
60
(b)Information to be included on license or certificate. -- The Board shall include on each license and certificate that the Board issues:<br><br><br>5 things
(1)The kind of license or certificate;<br>(2)The full name of the licensee or certificate holder;<br>(3)A serial number;<br>(4)The signatures of the chairman and the secretary of the Board; and<br>(5)The seal of the Board.
(c)Replacement of license or certificate. -- The Board may issue a license or certificate to replace a lost, destroyed, or mutilated license or certificate if the licensee or certificate holder ________ (does what?)
pays the replacement fee set by the Board.
(1)A license or certificate expires on the date set by the Board, unless the license or certificate is renewed for an additional term as provided in this section.<br>(2)A license or certificate may not be renewed for a term longer than________
2 years.
At least _______ before the license or certificate expires, the Board shall send to the licensee or certificate holder, by first-class mail to the last known address of the licensee or certificate holder
1 month
a renewal notice that states:<br><br>three things
1)The date on which the current license or certificate expires;<br>(2)The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license or certificate expires; and<br>(3)The amount of the renewal fee.
(d)Requirements for renewal for two-year term. -- Before the license or certificate expires, the licensee or certificate holder periodically may renew it for an additional 2-year term, if the licensee or certificate holder:<br><br>4 thigns
(1)Otherwise is entitled to be licensed or certified;<br>(2)Pays to the Board the renewal fee set by the Board;<br>(3)Submits to the Board a renewal application on the form that the Board requires; and<br>(4)Submits satisfactory evidence of compliance with any continuing education requirements as required by the Board for license or certificate renewal.
The Board may not authorize __________ towards the completion of the continuing education requirements.
home study
(1)Except as provided in paragraph (3) of this subsection, the Board shall place a licensee or certificate holder on inactive status, if the licensee or certificate holder:<br><br><br>2 things
(i)Submits to the Board an application for inactive status on the form required by the Board; and<br>(ii)Pays the inactive status fee set by the Board.
true or false<br><br>(3)The Board may not place a certified professional counselor-marriage and family therapist or a certified professional counselor on inactive status.
true
(1)Except as provided in paragraph (2) of this subsection, the Board, in accordance with its regulations, (may or may not??) reinstate the license of a licensee or the certificate of a certificate holder who has failed to renew the license or certificate for any reason.
may
(2)The Board (may or may not??) reinstate the certificate of a certified professional counselor-marriage and family therapist or certified professional counselor who has failed to renew the certificate for any reason.
may not!
Each licensee or certificate holder shall display the license or certificate ______ in the licensee's or certificate holder's office or place of employment.
conspicuously
Any individual who is licensed under Subtitle 3 of this title or certified under Subtitle 4 of this title may not charge a client or receive remuneration for counseling or therapy services unless:<br>(1)Before the performance of those services, the client is furnished a copy of a ________ ________ _______; or<br>(2) (i)This _____ _____ _____ is displayed in a conspicuous location at the place where the services are performed; and<br>(ii)A copy of the statement is provided to the client on request.
a professional disclosure statement<br><br>professional disclosure statement
Contents. -- The professional disclosure statement shall contain:<br><br>5 things
(1)The name, title, business address, and business telephone number of the licensee or certificate holder performing the services;<br>(2)The formal professional education of the licensee or certificate holder, including the institutions attended and the degrees received from them;<br>(3)The areas of specialization of the licensee or certificate holder and the services provided;<br>(4)In the case of an individual licensed under Subtitle 3 of this title or certified under Subtitle 4 of this title who is engaged in a private individual practice, partnership, or group practice, the individual's fee schedule listed by type of service or hourly rate;<br>(5)At the bottom of the first page of the disclosure statement, the words, "This information is required by the Board of Professional Counselors and Therapists, which regulates all licensed and certified counselors and therapists."; and<br>(6)Immediately beneath the statement required by item (5) of this subsection, the name, address, and telephone number of the Board.
In general. -- Unless the Board agrees to accept the surrender of a license or certificate, while the licensee or certificate holder is under investigation or while charges are pending against the licensee or certificate holder, a regulated counselor or therapist may not:<br><br>2 things
(1)Surrender the license or certificate; or<br><br>(2)Allow the license or certificate to lapse by operation of law.
true or false<br><br>The Board may set conditions on its agreement with the regulated counselor or therapist under investigation or against whom charges are pending to accept surrender of the license or certificate.
true
Subject to the hearing provisions of § 17-511 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license or certificate to any applicant, place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license of any licensee or a certificate of any certificate holder if the applicant, licensee, or certificate holder:<br><br>18 things haha
(1)Fraudulently or deceptively obtains or attempts to obtain a license or certificate for the applicant, licensee, or certificate holder or for another;<br>(2)Habitually is intoxicated;<br>(3)Provides professional services:<br>(i)While under the influence of alcohol; or<br>(ii)While using any narcotic or controlled dangerous substance, as defined in § 5-101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;<br>(4)Aids or abets an unauthorized individual in practicing clinical or nonclinical counseling or therapy or representing to be an alcohol and drug counselor, marriage and family therapist, or professional counselor<br>(5)Promotes the sale of drugs, devices, appliances, or goods to a patient so as to exploit the patient for financial gain;<br>(6)Willfully makes or files a false report or record in the practice of counseling or therapy;<br>(7)Makes a willful misrepresentation while counseling or providing therapy;<br>(8)Violates the code of ethics adopted by the Board;<br>(9)Knowingly violates any provision of this title;<br>(10)Is convicted of or pleads guilty or nolo contendere to a felony or a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;<br>(11)Is professionally, physically, or mentally incompetent;<br>(12)Submits a false statement to collect a fee;<br>(13)Violates any rule or regulation adopted by the Board;<br>(14)Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board's disciplinary statutes;<br>(15)Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified or the certificate holder is certified and qualified to render because the individual is HIV positive;<br>(16)Commits an act of immoral or unprofessional conduct in the practice of clinical or nonclinical counseling or therapy;<br>(17)Knowingly fails to report suspected child abuse in violation of § 5-704 of the Family Law Article; or<br>(18)Fails to cooperate with a lawful investigation conducted by the Board.
(a)In general. -- If after a hearing under § 17-511 of this subtitle the Board finds that there are grounds under § 17-509 of this subtitle to place any licensee or certificate holder on probation, reprimand any licensee or certificate holder, or suspend or revoke a license or certificate, the Board may impose a penalty not exceeding _______:<br>(1)Instead of placing the licensee or certificate holder on ___________<br><br>(2)In addition to placing the licensee or certificate holder on _______
$ 5,000<br><br>probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate; or<br><br>probation, reprimanding the licensee or certificate holder, or suspending or revoking the license or certificate.
- The Board shall pay any money collected under this section into the ___________________
General Fund of the State.
true or false<br>(2) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
true
a) Person aggrieved (feeling resentment at having been unfairly treated ) by final decision of Board in contested case. -- Except as provided in this section for an action under § 17-409 of this title, any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-201 of the State Government Article, may:<br><br>2 things
(1) Appeal that decision to the Board of Review; and<br>(2) Then take any further appeal allowed by Title 10, Subtitle 2 of the State Government Article.
(b)Person aggrieved by final decision of Board denying, suspending or revoking license or certificate. -- Any person aggrieved by a final decision of the Board under § 17-509 of this subtitle:<br>(1)May not appeal to the ___________ but<br>(2)May take a direct judicial appeal as provided in Title 10, Subtitle 2 of the State Government Article.
Board of Review;
true or false<br><br>An order of the Board may not be stayed pending judicial review.<br><br>(A stay is a suspension of a case or a suspension of a particular proceeding within a case.)
true
The Board (may or may not) appeal from any decision that reverses or modifies its order.
may
a)In general. -- An action may be maintained in the name of the State or the Board to enjoin:<br>(a court to order that someone either do a specific act, cease a course of conduct, or be prohibited from committing a certain act.)<br><br>2 things
(1)The unauthorized practice of alcohol and drug counseling and clinical alcohol and drug counseling, marriage and family therapy and clinical marriage and family therapy, or professional counseling and clinical professional counseling; or<br>(2)Conduct that is a ground for disciplinary action under § 17-509 of this subtitle.
Injunction<br>An action under this section may be brought by:<br><br>3 diff people
(1) The Board, in its own name;<br>(2)The Attorney General, in the name of the State; or<br>(3)A State's Attorney, in the name of the State.
Injunction<br>(c)Venue. -- An action under this section shall be brought in the county where the defendant:<br><br>2 diff places
(1)Resides; or<br>(2)Engages in the acts sought to be enjoined.
Proof of actual damages or that any person will sustain any damages if an injunction is not granted (is or is not??) required for an action under this section.
is not
true or false<br>An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of alcohol and drug counseling and clinical alcohol and drug counseling, marriage and family therapy and clinical marriage and family therapy, or professional counseling and clinical professional counseling, under § 17-301, § 17-601, § 17-602, or § 17-603 of this title or disciplinary action under § 17-509 of this subtitle.
True!!
Reinstatement of revoked license or certificate, reduction of suspension or probation period, or withdrawal of reprimand. For reasons the Board considers sufficient, and on the affirmative vote of a majority of its members then serving, the Board may:<br><br>3 things
(1)Reinstate a license or certificate that has been revoked;<br>(2)Reduce the period of a suspension or probation; or<br>(3) Withdraw a reprimand.
what is the function of a counselor and therapist rehabilitation committee?
a counselor and therapist rehabilitation committee evaluates and provides assistance to any alcohol and drug counselor, marriage and family therapist, professional counselor, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
1)Except as otherwise provided in this subsection, the proceedings, records, and files of the counselor and therapist rehabilitation committee are not discoverable and (are or are not) admissible in evidence in any civil action arising out of the matters that are being or have been reviewed and evaluated by the counselor and therapist rehabilitation committee.
are not
(2)Paragraph (1) of this subsection does not apply to any record or document that is considered by the counselor and therapist rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.<br>(3)For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
read this again ask mike ??
true or false<br><br>f)Good faith exemption from civil liability. -- A person who acts in good faith and within the scope of jurisdiction of a counselor and therapist rehabilitation committee is not civilly liable for any action as a member of the counselor and therapist rehabilitation committee or for giving information to, participating in, or contributing to the function of the counselor and therapist rehabilitation committee.
true
Any person who violates any provision of this subtitle or § 17-301 (a person who identifies themself as licensed as a counselor by the state, but is not) of this title is guilty of a _________ and on conviction is subject to a fine not exceeding $________ or imprisonment not exceeding ______ or both.
misdemeanor<br><br>$ 2,000<br><br> 1 year