SB 182
Department of Legislative Services
Maryland General Assembly
2020 Session
FISCAL AND POLICY NOTE
Third Reader
Senate Bill 182 (Chair, Education, Health, and Environmental Affairs
Committee)
Education, Health, and Environmental Affairs Health and Government Operations
State Board of Professional Counselors and Therapists - Sunset Extension and
Program Evaluation
This bill extends the termination date for the State Board of Professional Counselors and
Therapists by five years to July 1, 2026. The bill also repeals a requirement that the board
submit semiannual progress reports to the Department of Legislative Services (DLS) and
instead requires such reports be submitted to specified committees of the
General Assembly, beginning October 1, 2020, and until October 1, 2025. The reports must
address progress made in addressing the board’s complaint backlog, adopting regulations,
and establishing an Alcohol and Drug Counselor Subcommittee. The bill takes effect
July 1, 2020.
Fiscal Summary
State Effect: Board special fund revenues and expenditures are maintained beyond
FY 2021. The Governor’s proposed FY 2021 budget includes $1.3 million for board
operations.
Local Effect: None.
Small Business Effect: None.
Analysis
Current Law/Background: The State Board of Professional Counselors and Therapists
licenses and certifies professional counselors, alcohol and drug counselors, marriage and
family therapists, professional art therapists, and behavior analysts; receives and resolves
complaints; and sets standards for the practice of counseling and therapy. In fiscal 2019,
the board regulated approximately 8,700 licensees and certificate holders.
The board is 1 of approximately 70 regulatory entities and activities subject to evaluation
under the Maryland Program Evaluation Act (MPEA). Entities subject to MPEA may be
evaluated by DLS only as directed by specified entities or by legislation. Most such entities
are subject to termination, including the board, which is scheduled to terminate
July 1, 2021. Accordingly, the evaluation process is better known as sunset review.
In 2017, DLS conducted a full sunset evaluation of the board. The report can be found on
the DLS website. Chapters 756 and 757 of 2018 implemented several of the
recommendations of the report. The emergency legislation extended the termination date
of the board to July 1, 2021; required the board to submit progress reports to DLS every
six months for three years beginning October 1, 2018; and made other revisions to statute
governing the board. In addition, the Acts required DLS to report to the Senate Education,
Health, and Environmental Affairs and House Health and Government Operations
committees by December 1, 2019, on the board’s progress in implementing the
recommendations of the sunset evaluation and recommend whether and for how long the
termination date of the board should be extended.
DLS’ 2019 review found that the board has made significant progress. However, additional
action is required with respect to addressing the remaining backlog of open complaints,
reviewing and updating regulations, and implementing the Alcohol and Drug Counselor
Subcommittee. Therefore, DLS recommended extending the board’s termination date by
five years to July 1, 2026, and requiring the board to continue to submit progress reports
but to Senate Education, Health, and Environmental Affairs and House Health and
Government Operations committees rather than DLS. The bill implements these
recommendations.
Additional Information
Prior Introductions: None.
Designated Cross File: HB 303 (Chair, Health and Government Operations Committee)
- Health and Government Operations.
Information Source(s): Maryland Department of Health; Department of Legislative
Services
SB 182/ Page 2
Fiscal Note History: First Reader - January 23, 2020
an/jc Third Reader - February 14, 2020
Analysis by: Elizabeth J. Allison Direct Inquiries to:
(410) 946-5510
(301) 970-5510
SB 182/ Page 3


Statutes affected:
Text - First - State Board of Professional Counselors and Therapists - Sunset Extension and Program Evaluation: 17-702 Health Occupations, 2-021 Health Occupations, 2-021 Health Occupations, 2-025 Health Occupations
Text - Third - State Board of Professional Counselors and Therapists - Sunset Extension and Program Evaluation: 17-702 Health Occupations, 2-021 Health Occupations, 2-021 Health Occupations, 2-025 Health Occupations