EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
Italics indicate opposite chamber/conference committee amendments.
*hb1474*
HOUSE BILL 1474
J2, J1 (5lr3306)
ENROLLED BILL
— Health and Government Operations/Finance —
Introduced by Delegates Kaiser, Kaufman, McComas, Nkongolo, and Taylor Taylor,
Alston, Bagnall, Bhandari, Chisholm, Cullison, Guzzone, Hill, Hutchinson,
S. Johnson, Kerr, Kipke, Lopez, Martinez, M. Morgan, Pena–Melnyk, Reilly,
Rosenberg, Ross, Szeliga, Taveras, White Holland, Woods, and Woorman
Read and Examined by Proofreaders:
_______________________________________________
Proofreader.
_______________________________________________
Proofreader.
Sealed with the Great Seal and presented to the Governor, for his approval this
_______ day of _______________ at _________ _______________ o’clock, ________M.
______________________________________________
Speaker.
CHAPTER ______
AN ACT concerning 1
Licensed Professional Counselors – Telehealth – Students Enrolled in 2
Institutions of Higher Education 3
State Board of Professional Counselors and Therapists – Temporary Telehealth 4
Licenses – Establishment 5
FOR the purpose of authorizing an out–of–state licensed professional counselor to provide 6
clinical professional counseling services to certain students enrolled in institutions 7
of higher education in the State under certain circumstances; and generally relating 8
to out–of–state licensed professional counselors and telehealth establishing a 9
temporary telehealth license to be issued by the State Board of Professional 10
Counselors and Therapists under certain circumstances; and generally relating to 11 2 HOUSE BILL 1474
temporary licenses issued by the State Board of Professional Counselors and 1
Therapists. 2
BY repealing and reenacting, without amendments, 3
Article – Health Occupations 4
Section 17–101(a) and (e) and 17–301 5
Annotated Code of Maryland 6
(2021 Replacement Volume and 2024 Supplement) 7
BY repealing and reenacting, with amendments, 8
Article – Health Occupations 9
Section 1–1005 17–101(l) 10
Annotated Code of Maryland 11
(2021 Replacement Volume and 2024 Supplement) 12
BY adding to 13
Article – Health Occupations 14
Section 1–1005.1 17–101(cc) and 17–304.2 15
Annotated Code of Maryland 16
(2021 Replacement Volume and 2024 Supplement) 17
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 18
That the Laws of Maryland read as follows: 19
Article – Health Occupations 20
17–101. 21
(a) In this title the following words have the meanings indicated. 22
(e) “Board” means the State Board of Professional Counselors and Therapists. 23
(l) (1) “License” means, unless the context requires otherwise, [one of six types 24
of licenses] A LICENSE issued by the Board authorizing an individual to practice: 25
[(1)] (I) Clinical alcohol and drug counseling; 26
[(2)] (II) Clinical marriage and family therapy; 27
[(3)] (III) Clinical professional art therapy; 28
[(4)] (IV) Clinical professional counseling; 29
[(5)] (V) Graduate alcohol and drug counseling; 30
[(6)] (VI) Graduate marriage and family therapy; 31 HOUSE BILL 1474 3
[(7)] (VII) Graduate professional art therapy; or 1
[(8)] (VIII) Graduate professional counseling. 2
(2) “LICENSE” INCLUDES, UNLESS THE CONTEXT R EQUIRES 3
OTHERWISE, A TEMPORARY TELEHEAL TH LICENSE. 4
(CC) “TEMPORARY TELEHEALTH LICENSE” MEANS A LICENSE ISSU ED BY THE 5
BOARD UNDER § 17–304.2 OF THIS TITLE. 6
17–301. 7
(a) Except as otherwise provided in subsection (b) of this section, an individual 8
may not practice, attempt to practice, or offer to practice clinical alcohol and drug 9
counseling, clinical marriage and family therapy, clinical professional art therapy, or 10
clinical professional counseling in the State unless licensed by the Board. 11
(b) Subject to the regulations of the Board, subsection (a) of this section does not 12
apply to: 13
(1) A student working under the supervision of a licensed mental health care 14
provider while pursuing a supervised course of study in counseling that the Board approves 15
as qualifying training and experience under this title; or 16
(2) An individual who, in accordance with § 17–406 of this title, is working 17
as a trainee under the supervision of a licensed clinical alcohol and drug counselor or 18
another health care provider licensed or certified under this article and approved by the 19
Board while fulfilling the experiential or course of study requirements under § 17–302 of this 20
subtitle or § 17–403 or § 17–404 of this title. 21
(c) This subtitle may not be construed to limit the scope of practice of any 22
individual who is duly licensed under this article. 23
17–304.2. 24
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 25
INDICATED. 26
(2) “INSTITUTION OF HIGHER EDUCATION” HAS THE MEANING 27
STATED IN § 10–101 OF THE EDUCATION ARTICLE. 28
(3) “STUDENT” MEANS AN OUT –OF–STATE RESIDENT ENROL LED AT 29
AND RESIDING AT OR N EAR AN INSTITUTION O F HIGHER EDUCATION I N THE STATE. 30
4 HOUSE BILL 1474
(B) THE BOARD MAY ISSUE A TEM PORARY TELEHEALTH LI CENSE TO AN 1
APPLICANT WHO : 2
(1) IS NOT LICENSED , CERTIFIED, OR OTHERWISE AUTHORI ZED BY 3
LAW TO PRACTICE CLIN ICAL PROFESSIONAL CO UNSELING IN THE STATE UNDER 4
THIS ARTICLE; 5
(2) IS LICENSED, CERTIFIED, OR OTHERWIS E AUTHORIZED BY LAW TO 6
PROVIDE CLINICAL PRO FESSIONAL COUNSELING OR COUNSELING SERVIC ES IN 7
ANOTHER STATE ; 8
(3) IS IN GOOD STANDING W ITH THE REGULATORY A UTHORITY IN THE 9
OTHER STATE; 10
(4) MEETS ANY OTHER QUALI FICATIONS SET BY THE BOARD IN 11
REGULATIONS ; AND 12
(5) SUBMITS A TEMPORARY T ELEHEALTH LICENSE AP PLICATION. 13
(C) A TEMPORARY TELEHEALTH LICENSE ISSUED UNDER THIS SECTION 14
AUTHORIZES THE HOLDE R TO PROVIDE CLINICA L PROFESSIONAL COUNS ELING 15
SERVICES THROUGH TEL EHEALTH IN THE STATE ONLY TO A STUDE NT ATTEND ING 16
AN INSTITUTION OF HI GHER EDUCATION IN TH E STATE IF THE STUDENT AND THE 17
OUT–OF–STATE LICENSED PROFE SSIONAL COUNSELOR HA VE A PREVIOUSLY 18
ESTABLISHED THERAPEU TIC RELATIONSHIP THA T HAS EXISTED FOR AT LEAST 6 19
MONTHS. 20
(D) THE TERM OF A TEMPORA RY TELEHEALTH LICENSE ISSUED UNDER THIS 21
SECTION IS 6 MONTHS. 22
(E) A TEMPORARY TELEHEALTH LICENSE ISSUED UNDER THIS SECTION MAY 23
NOT BE RENEWED . 24
(F) IF THE HOLDER OF A TE MPORARY TELEHEALTH L ICENSE VIOLATES THIS 25
TITLE, THE BOARD MAY NOT ISSUE T HE INDIVIDUAL A REGU LAR LICENSE UNDER 26
THIS TITLE FOR AT LE AST 2 YEARS AFTER THE DATE ON WHICH THE VIOLATI ON 27
OCCURRED. 28
(G) THE BOARD SHALL ADOPT REG ULATIONS: 29
(1) TO ESTABLISH QUALIFIC ATIONS AND APPLICATI ON FEES FOR A 30
TEMPORARY TELEHEALTH LICENSE ISSUED UNDER THIS SECTION; 31
HOUSE BILL 1474 5
(2) TO ESTABLISH ANY COND ITIONS OR LIMITATION S APPLICABLE TO 1
A TEMPORARY TELEHEAL TH LICENSEE; AND 2
(3) NECESSARY FOR THE IMP LEMENTATION , ADMINISTRATION , AND 3
ENFORCEMENT OF THIS SECTION. 4
1–1005. 5
[A] EXCEPT AS PROVIDED IN § 1–1005.1 OF THIS SUBTITLE , A health care 6
practitioner providing health care services through telehealth must be licensed, certified, 7
or otherwise authorized by law to provide health care services in the State if the health 8
care services are being provided to a patient located in the State. 9
1–1005.1. 10
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 11
INDICATED. 12
(2) “BOARD” MEANS THE STATE BOARD OF PROFESSIONAL 13
COUNSELORS AND THERAPISTS. 14
(3) “INSTITUTION OF HIGHER EDUCATION” HAS THE MEANING 15
STATED IN § 10–101 OF THE EDUCATION ARTICLE. 16
(3) (4) “OUT–OF–STATE LICENSED PROFE SSIONAL COUNSELOR ” 17
MEANS A LICENSED PRO FESSIONAL COUNSELOR WHO: 18
(I) IS NOT LICENSED, CERTIFIED, OR OTHERWISE AUTHORI ZED 19
BY LAW TO PRACTICE C LINICAL PROFESSIONAL COUNSELING IN THE STATE UNDER 20
THIS ARTICLE; BUT 21
(II) 1. IS LICENSED , CERTIFIED, OR OTHERWISE 22
AUTHORIZED BY LAW TO PROVIDE CLINICAL PRO FESSIONAL COUNSELING OR 23
COUNSELING SERVICES IN ANOTHER STATE ; AND 24
2. IS IN GOOD STANDING W ITH THE REGULATORY 25
AUTHORITY IN THE OTH ER STATE. 26
(4) (5) “PRACTICE CLINICAL PRO FESSIONAL COUNSELING ” HAS 27
THE MEANING STATED I N § 17–101 OF THIS ARTICLE. 28
(5) (6) “STUDENT” MEANS AN OUT –OF–STATE RESIDENT 29
ENROLLED AT AND RESI DING AT OR NEAR AN I NSTITUTION OF HIGHER EDUCATION 30
IN THE STATE. 31 6 HOUSE BILL 1474
(B) THIS SECTION DOES NOT APP LY WITH RESPECT TO A STUDENT: 1
(1) WHO ESTABLISHES RESID ENCY IN THE STATE; OR 2
(2) ENROLLED IN A HEALTH INSURANCE BENEFIT PL AN IN THE STATE 3
THAT RESTRICTS COVER AGE TO IN–STATE HEALTH CARE PRO VIDERS. 4
(C) AN OUT–OF–STATE LICENSED PR OFESSIONAL COUNSELOR MAY 5
PROVIDE CLINICAL PRO FESSIONAL COUNSELING SERVICES THROUGH TEL EHEALTH 6
IN THE STATE ONLY TO A STUDE NT ATTENDING AN INST ITUTION OF HIGHER 7
EDUCATION IN THE STATE IF: 8
(1) THE STUDENT AND THE O UT–OF–STATE LICENSED 9
PROFESSIONAL COUNSEL OR HAVE A PREVIOUSLY ESTABLISHED THERAPEU TIC 10
RELATIONSHIP THAT HAS EXISTED FOR AT LEAST 6 MONTHS; AND 11
(2) THE CLINICAL PROFESSI ONAL COUNSELING SERV ICES ARE 12
PROVIDED TO THE STUD ENT NOT MORE THAN : 13
(I) 5 DAYS IN ANY 1 MONTH; OR 14
(II) 15 DAYS IN 1 CALENDAR YEAR THE OUT–OF–STATE 15
LICENSED PROFESSIONA L COUNSELOR : 16
(I) NOTIFIES THE BOARD THAT THE OUT –OF–STATE LICENSED 17
PROFESSIONAL COUNSEL OR WILL BE PROVIDING CLINICAL PROFESSIONA L 18
COUNSELING SERVICES THROUGH TELEHEALTH T O A STUDENT ATTEND ING AN 19
INSTITUTION OF HIGHE R EDUCATION IN THE STATE; AND 20
(II) PROVIDES THE BOARD WITH THE OUT –OF–STATE LICENSED 21
PROFESSIONAL COUNSEL OR’S CONTACT AND LICENS ING INFORMATION . 22
(D) IF THE INFORMATION PR OVIDED UNDER SUBSECT ION (C)(2)(II) OF THIS 23
SECTION CHANGES, THE OUT–OF–STATE LICENSED PROFE SSIONAL COUNSELOR 24
SHALL NOTIFY THE BOARD WITHIN 15 DAYS AFTER THE CHANG E OCCURS. 25
SECTION 2. AND BE IT FURTHER ENACTED, That: 26
(a) If the Counseling Compact Commission, established under the Interstate 27
Licensed Professional Counselors Compact under Title 17, Subtitle 6B of the Health 28
Occupations Article, begins issuing compact privileges to licensed professional counselors 29
in member states to practice professional counseling in remote states in accordance with 30
the Compact, with no further action required by the General Assembly, this Act shall be 31
abrogated and of no further force and effect. 32 HOUSE BILL 1474 7
(b) The State Board of Professional Counselors and Therapists shall notify the 1
Department of Legislative Services within 5 days after receiving notice the Counseling 2
Compact Commission has begun issuing the compact privileges described under subsection 3
(a) of this section. 4
SECTION 3 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 5
October 1, 2025. It shall remain effective for a period of 3 years and, at the end of September 6
30, 2028, this Act, with no further action required by the General Assembly, shall be 7
abrogated and of no further force and effect. 8
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.