Md. Code Regs. 10.58.03.08 - Records, Confidentiality, and Informed Consent
A. A counselor shall:
(1) Maintain the privacy and confidentiality of a client and a client's records;
(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;
(3) Release alcohol and substance abuse records or information about a client only with a client's consent, or as permitted by State and federal law;
(4) Dispose of records in accordance with Health-General Article, Title 4, Annotated Code of Maryland;
(5) Provide sufficient information to a client to allow a client to make an informed decision regarding treatment, including the following:
(a) The purpose and nature of an evaluation or treatment process;
(b) Additional options to the proposed treatment;
(c) Potential reactions to the proposed treatment;
(d) The estimated cost of treatment;
(e) The right of a client to withdraw from treatment at any time, including the possible risks that may be associated with withdrawal; and
(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;
(6) Obtain full informed consent of a client participating in a human research program; and
(7) Protect a client's autonomy and dignity to decide whether to participate in a human research program.
B. A counselor may not imply that a penalty may result if a client refuses to participate in a human research program.
Notes
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
A. A counselor shall:
(1) Maintain the privacy and confidentiality of a client and a client 's records;
(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;
(3) Release alcohol and substance abuse records or information about a client only with a client 's consent, or as permitted by State and federal law;
(4) Dispose of records in accordance with Health-General Article, Title 4, Annotated Code of Maryland;
(5) Provide sufficient information to a client to allow a client to make an informed decision regarding treatment , including the following:
(a) The purpose and nature of an evaluation or treatment process;
(b) Additional options to the proposed treatment ;
(c) Potential reactions to the proposed treatment ;
(d) The estimated cost of treatment ;
(e) The right of a client to withdraw from treatment at any time, including the possible risks that may be associated with withdrawal; and
(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;
(6) Obtain full informed consent of a client participating in a human research program ; and
(7) Protect a client 's autonomy and dignity to decide whether to participate in a human research program .
B. A counselor may not imply that a penalty may result if a client refuses to participate in a human research program .