Md. Code Regs. 10.36.05.05

Current through Register Vol. 51, No. 12, June 14, 2024

Section 10.36.05.05 - Representation of Services and Fees

A. Public Statements and Advertising.

(1) A psychologist or psychology associate shall:

(a) Represent accurately and objectively the psychologist's or psychology associate's professional qualifications, education, experience, and areas of competence;

(b) Correct others who misrepresent the psychologist's or psychology associate's professional qualifications or affiliations; and

(c) Identify a paid advertisement as a paid advertisement.

(2) A psychologist or psychology associate may not:

(a) Misrepresent, directly or by implication, the affiliations or the purposes or characteristics of institutions and organizations with which the psychologist or psychology associate is affiliated;

(b) Claim organizational membership in a manner that suggests specialized competence or qualifications that the psychologist or psychology associate does not have;

(c) Make public statements that contain:

(i) False, fraudulent, misleading, or deceptive statements;

(ii) Partial disclosures of relevant facts that misrepresent, mislead, or deceive; or

(iii) Statements that create false or unjustified expectations of favorable results; or

(d) Solicit, either in person or through others, business or testimonial endorsements from clients who are vulnerable to undue influence.

B. Informed Consent. When conducting research or providing assessment, psychotherapy, counseling, or consulting with an individual or organization in person or by electronic transmission or other forms of communication, a psychologist or psychology associate shall:

(1) In general:

(a) Obtain informed consent using appropriate language understandable to the client;

(b) Vary appropriate informed consent forms and procedures to ensure that the client:

(i) Has the capacity to consent;

(ii) Has been provided with information concerning participation in the activity that reasonably might affect the willingness to participate, including limits of confidentiality and monetary costs or reimbursements;

(iii) Is aware of the voluntary nature of participation and has freely and without undue influence expressed consent; and

(iv) Is given the opportunity to ask questions and receive answers regarding the activity;

(2) In research, make clear to the client:

(a) The nature of the participation as well as the costs and other obligations to be accepted by research participants;

(b) The purpose and nature of any evaluations, treatment, or educational or training procedure;

(c) All aspects of research including any risks and consequences of the research that will reasonably be expected to influence willingness to participate;

(d) The right to withdraw from treatment or research at any time; and

(e) The notification that permission shall be given by the client, student, or research participant before the use of observation or electronic taping, recording, or filming procedures; and

(3) In therapeutic relationships, explain to the client:

(a) The clarification of reasonable expectations;

(b) The nature and purpose of testing, reports, and consultations;

(c) The limits of confidentiality;

(d) Specific information concerning fees, billing, and electronic services available in the payment of fees;

(e) Psychotherapeutic schedules; and

(f) The process and conditions of termination of therapy.

C. Financial Arrangements and Fees. A psychologist or psychology associate shall:

(1) Make advance financial arrangements that are clearly understood by the client;

(2) Inform the client about the possibility of initiating a collection procedure before using that procedure;

(3) Comply with the provisions regarding patient referrals contained in Health Occupations Article, §§ 1-301 -1-306, Annotated Code of Maryland;

(4) Make full disclosure in advance to the client of any remuneration given or received for making or accepting referrals; and

(5) Refrain from signing statements for insurance purposes as though the psychologist or psychology associate provided a service that was actually provided by someone else.

Md. Code Regs. 10.36.05.05

Regulations .05 adopted effective November 10, 2003 (30:22 Md. R. 1582)
Regulation .05 amended effective 42:10 Md. R. 684, eff.5/25/2015