Md. Code Regs. 10.42.02.02

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

Section 10.42.02.02 - Definitions

A. In this chapter, the following terms have the meaning indicated.

B. Terms Defined.

(1) "Advocacy" means the service in which the social worker acts on behalf of clients to bring about or influence change to improve the quality of life and functioning and assure the basic rights of the client.

(2) "Assessment" means obtaining and analyzing information about a client and the client's circumstance while using appropriate social work knowledge, skills, values, and theory to develop a service, intervention, or treatment plan.

(3) "Board" means the State Board of Social Work Examiners.

(4) "Case management" means a method of providing services by which a social worker assesses the needs of a client and arranges, coordinates, monitors, evaluates, and advocates for services to meet the needs of the client.

(5) "Client" means individuals, groups, families, communities, and organizations.

(6) Clinical Social Work.

(a) Clinical social work" means the professional application of social work knowledge, skills, values, theories, and methods for the treatment and prevention of psychosocial dysfunction, disability, or impairment, including emotional disorders, mental disorders, and substance use disorders with individuals, groups, and families.

(b) "Clinical social work" includes formulating a diagnostic impression and diagnosis based on standard diagnostic criteria.

(7) "Counseling" means a method used by social workers to assist clients in learning how to solve problems and make decisions about personal, health, social, educational, vocational, financial, and other interpersonal concerns.

(8) "Independent practice" means the practice of licensed social work without the requirement of social work supervision.

(9) "Informed consent" means a client's decision to agree to a proposed course of transactions between the client and the licensee after the client has received reasonably full and accurate information pertaining to the risks, benefits, and possible consequences of the transaction.

(10) "licensed" means that the individual possesses a license to practice social work issued by the Board.

(11) "licensee" means an individual licensed by the Board.

(12) Practice Social Work.

(a) Practice social work" has the meaning stated in Health Occupations Article, 19-101(p), Annotated Code of Maryland.

(b) "Practice social work" includes supervising a candidate for advanced licensure, for independent practice, or a licensee in the practice of social work.

(13) Private Practice.

(a) "Private practice" means the provision of psychotherapy by a licensed certified social worker-clinical (LCSW-C) who assumes responsibility and accountability for the nature and quality of services provided to a client in exchange for direct payment or third-party reimbursement or on a pro-bono basis as stated in Health Occupations Article, § 19-101(q), Annotated Code of Maryland.

(b) "Privatepractice" includes the terms solo practice, solo private practice, or group practice.

(14) "Pro-bono" means the provision of psychotherapy or social work services for no or low payment based on need.

(15) "Psychotherapy" means formulating a diagnostic impression and an assessment for the treatment of mental and behavioral disturbances while utilizing a specialized formal interaction between the client and the social worker in which a therapeutic relationship is established and maintained.

(16) "Scope of practice" means procedures, actions, and processes that a licensed social worker is permitted to undertake in accordance with the terms of the license held.

(17) "Social work" means the professional activity of helping individuals, families, groups, couples, organizations, or communities to enhance or restore their capacity for social and psychosocial functioning.

(18) "Social worker" means an individual who:

(a) Is licensed under the Health Occupations Article, Title 19, Annotated Code of Maryland;

(b) Represents to the public by title or description which incorporates the words "social worker", "social work", or a similar designation; and

(c) Offers, attempts, or renders services involving the application of principles, methods, and procedures of the social work profession to clients.

(19) "Supervision" means a formalized professional relationship between a supervisor and supervisee in which the supervisor directs, monitors, and evaluates the supervisee's social work practice while promoting the development of the supervisee's knowledge, skills, and abilities to provide social work services in an ethical and competent manner.

(20) Technology Used.

(a) "Technology used" means the use of interactive audio, video, or other telecommunications or electronic media by a social worker to deliver social work services.

(b) "Technology used" includes, but is not limited to services that are provided to a client who is not physically present with the social worker.

(c) "Technology used" does not include:

(i) Audio phonic or telephonic communications between an LCSW-C and a client;

(ii) Electronic communications between an LCSW-C and a client;

(iii) Facsimile transmission between an LCSW-C and a client; or

(iv) A text message or other type of message sent between an LCSW-C and a client by a short message service or multimedia service.

Md. Code Regs. 10.42.02.02

Regulation .02 amended effective 46:12 Md. R. 541, eff. 6/17/2019