Md. Code Regs. 10.42.03.06

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

Section 10.42.03.06 - Standards of Practice

A. Professional Competence. The licensee shall:

(1) Limit practice to the areas in which the licensee has gained proficiency through education, training, and experience;

(2) Acquire specialized education and training in order to provide the client with services that are culturally informed;

(3) Use interventions and assessment techniques only when the licensee knows that the circumstances justify those interventions and techniques;

(4) Monitor the effectiveness of a licensee's interventions;

(5) Maintain and enhance professional competence by meeting the requirements of continuing education as set forth in COMAR 10.42.06;

(6) Engage in ongoing consultation with other professionals with relevant knowledge, experience, and training, when developing competence in a new service or technique;

(7) Document and maintain appropriate and accurate records of professional service, supervision, and research work;

(8) Represent accurately the licensee's professional qualifications; and

(9) Seek competent professional assistance to determine whether to suspend, terminate, or limit the scope of professional or scientific activities when the licensee becomes aware that the licensee's competence is impaired.

B. A licensee may not:

(1) Undertake or continue a professional relationship with a client when the competence or objectivity of the licensee is or could reasonably be expected to be impaired due to:

(a) Mental, emotional, physiological, pharmacological, substance abuse, or personal problems; or

(b) The licensee's present or previous familial, social, sexual, emotional, financial, supervisory, political, administrative, legal, or other relationship with the client or a person associated with or related to the client; or

(2) Engage in other relationships that could limit the licensee's objectivity or create a conflict of interest or the appearance of a conflict of interest.

C. Research. A licensee shall:

(1) Comply with all requirements under Health General Article, §§13-2001 -13-2004, Annotated Code of Maryland;

(2) Obtain informed consent from a client for participation in research that clearly defines for the client:

(a) Why the client is being asked to participate;

(b) What modalities will be employed;

(c) What standardized instruments will need to be completed;

(d) The timeline for the consent;

(e) Any potential benefits; and

(f) Any potential adverse reactions;

(3) Inform the client of the client's right to discontinue participation in the research;

(4) Provide the client with treatment options and referral sources in the event of an adverse reaction;

(5) Respect the dignity and protect the welfare of the research subject, and comply with all relevant statutes, regulations, and institutional and administrative rules concerning treatment of the research participant;

(6) Ensure the ethical treatment of the research participant by collaborators, supervisees, and employees;

(7) Make clear, either as a researcher or a writer, the:

(a) Nature of the participation;

(b) Costs; and

(c) Licensee's obligations to the research participants; and

(8) Report research findings accurately, presenting only the licensee's work or making appropriate citations when needed.

D. The licensee engaging in physical, nonsexual contact with a client as an accepted component of a professionally recognized, nontraditional treatment modality shall document in the client's record:

(1) An assessment of the client;

(2) A written rationale for the use of the treatment modality for the client; and

(3) A copy of the informed consent signed and dated by the client and the licensee, which addresses:

(a) The risks and benefits of the treatment modality;

(b) The objective or objectives and intended outcome or outcomes of the proposed treatment;

(c) Available alternative interventions; and

(d) A description of the physical contact which may be reasonably anticipated by the client in the course of the proposed treatment.

Md. Code Regs. 10.42.03.06

Regulations .06 adopted effective October 4, 1999 (26:20 Md. R. 1546)
Regulation .06 amended effective August 5, 2002 (29:15 Md. R. 1142); amended effective 46:10 Md. R. 485, eff. 5/20/2019