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    Maryland Department of Health
    Regulations

    ​
    PROPOSAL
    Maryland Register
    Issue Date:  November 27, 2017
    Volume 44• Issue 24 • Pages 1157—1158
     
    Title 10
    MARYLAND DEPARTMENT OF HEALTH
    Subtitle 36 BOARD OF EXAMINERS OF PSYCHOLOGISTS
    10.36.01 Procedures
    Authority: Health Occupations Article, §§18–206, 18–301(b)(3) and (d), 18–302—18–305, 18–309, 18–317, Annotated Code of Maryland
    Notice of Proposed Action
    [17-289-P]
    The Secretary of Health proposes to amend Regulations .02, .08, and .09 under COMAR 10.36.01 Procedures. This action was considered at a public meeting held on September 8, 2017, notice of which was given by publication on the Board’s website at https://health.maryland.gov/psych/Pages/boardmeeting.aspx pursuant to General Provisions Article, §3–302(c), Annotated Code of Maryland.
    Statement of Purpose
    The purpose of this action is to:
    (1) Establish an expedited licensure process for individuals licensed in another state who are returning to Maryland to practice; and
    (2) Require licensees and registrants who did not obtain a criminal history records check on initial licensure or registration to obtain a criminal history records check upon their first renewal of a license or registration after January 1, 2019. Every 6 years thereafter, licensees and registrants shall obtain a check upon renewal of their license or registration.
    Comparison to Federal Standards
    There is no corresponding federal standard to this proposed action.
    Estimate of Economic Impact
    I. Summary of Economic Impact. These amendments, in accordance with statute, require licensees who did not obtain a criminal history records check on initial licensure to obtain a criminal history records check upon their first renewal of a license after January 1, 2019. Every 6 years thereafter, licensees shall obtain a check on renewal of their license. The cost of a criminal history records check is approximately $50. This revenue is realized by CJIS within the Department of Public Safety and Correctional Services, not by the Board.
     
     
    Revenue (R+/R-)
     
    II. Types of Economic Impact.
    Expenditure (E+/E-)
    Magnitude
     
     
    A. On issuing agency:
    NONE
    B. On other State agencies:
    (R+)
    Indeterminable
    C. On local governments:
    NONE
     
     
    Benefit (+)
    Cost (-)
    Magnitude
     
     
    D. On regulated industries or trade groups:
    (-)
    $50
    E. On other industries or trade groups:
    NONE
    F. Direct and indirect effects on public:
    NONE
    III. Assumptions. (Identified by Impact Letter and Number from Section II.)
    B. and D. CJIS within the Department of Public Safety and Correctional Services would see an increase in revenue from the additional licensees obtaining criminal history records checks. Licensees renewing their license would have to pay the cost of the check, which is approximately $50. The Board cannot estimate the exact amount of revenue that would be taken in by CJIS because it cannot predict the number of licensees who will renew their license from year-to-year.
    Regarding the expedited licensure process, the Board currently charges out-of-State applicants the same $300 application fee which all applicants for licensure pay. The Board would do the same for those who apply for licensure under the new abbreviated application process. Thus, the cost of the license does not change.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Maryland Department of Health, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to mdh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 27, 2017. A public hearing has not been scheduled.
    .02 Application Required for Licensure or Registration.
    A.—K. (text unchanged)
    [L. The Board may waive any or all of the requirements in this chapter for supporting documentation if an applicant is credentialed as a Health Service Provider by the National Register of Health Service Providers in Psychology.]
    L. Abbreviated Application.
    (1) A psychologist who holds an active license to practice psychology in good standing in another state and is certified by the American Board of Professional Psychology or credentialed as a Health Service Psychologist by the National Register of Health Service Psychologists may apply for licensure with the Board on an abbreviated application.
    (2) An abbreviated application for licensure as a psychologist with the Board shall include:
    (a) Proof of good standing as a licensed psychologist in another state;
    (b) Proof of certification by the American Board of Professional Psychology or credentialing as a Health Service Psychologist by the National Register of Health Service Psychologists;
    (c) A passing score on the Maryland Jurisprudence Examination as set forth in Regulation .06A(2) of this chapter;
    (d) A criminal history records check; and
    (e) The required, nonrefundable application fee.
    (3) The Board may not issue a license on an abbreviated application unless the Board has received the results of the applicant’s criminal history records check.
    .08 License Renewal, Expiration, and Inactive Status.
    A. Renewal.
    (1)—(5) (text unchanged)
    (6) A licensee who did not submit to a criminal history records check upon initial licensure with the Board shall submit to a criminal history records check upon the licensee’s first renewal with the Board after January 1, 2019.
    (7) Every 6 years following the initial submission of a criminal history records check to the Board, a licensee applying for renewal shall submit to a criminal history records check.
    (8) Upon receipt of a licensee’s criminal history records information in accordance with §A(6) and (7) of this regulation, the Board shall consider the following factors in determining whether to renew a license:
    (a) The age at which the crime was committed;
    (b) The circumstances surrounding the crime;
    (c) The length of time that has passed since the crime;
    (d) Subsequent work history;
    (e)  Employment and character references, if provided; and
    (f) Other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
    (9) The Board may not renew a license if the Board has not received the results of a criminal history records check required pursuant to §A(6) and (7) of this regulation.
    B. (text unchanged)
    C. Inactive Status.
    (1)—(2) (text unchanged)
    (3) The license on inactive status may be reinstated by:
    (a) Completing an application for renewal;
    (b) Paying the renewal fee; [and]
    (c) Verifying that continuing education requirements have been satisfied as set forth in COMAR 10.36.02; and
    (d) Submitting to a criminal history records check, if the license has been on inactive status for a period of 1 year or more.
    .09 Registration Renewal and Expiration.
    A. Renewal.
    (1)—(4) (text unchanged)
    (5) Every 6 years following the initial submission of a criminal history records check to the Board, a registrant applying for renewal shall submit to a criminal history records check.
    (6) Upon receipt of a registrant’s criminal history records information in accordance with §A(5) of this regulation, the Board shall consider the following factors in determining whether to renew a registration:
    (a) The age at which the crime was committed;
    (b) The circumstances surrounding the crime;
    (c) The length of time that has passed since the crime;
    (d) Subsequent work history;
    (e) Employment and character references, if provided; and
    (f) Other evidence that demonstrates whether the registrant poses a threat to the public health or safety.
    (7) The Board may not renew a registration if the Board has not received the results of a criminal history records check required pursuant to §A(5) of this regulation.
    B. (text unchanged)
    DENNIS SCHRADER
    Secretary of Health