HB 1287
Department of Legislative Services
Maryland General Assembly
2021 Session
FISCAL AND POLICY NOTE
Third Reader
House Bill 1287 (Delegate R. Lewis)
Health and Government Operations Education, Health, and Environmental Affairs
Alcohol and Drug Counseling - Alcohol and Drug Trainees - Practice Through
Telehealth
This bill expressly permits an individual to use telehealth when practicing clinical alcohol
and drug counseling without a license or alcohol and drug counseling without certification
if the individual is working as a trainee under supervision while fulfilling experiential or
course of study requirements.
Fiscal Summary
State Effect: None. The change is procedural in nature and does not directly affect
governmental finances.
Local Effect: None.
Small Business Effect: None.
Analysis
Current Law: An individual may practice clinical alcohol and drug counseling or alcohol
and drug counseling without a license or certification, respectively, for a limited period of
time as a trainee under the supervision of an approved supervisor while fulfilling
experiential or course of study requirements. An approved supervisor must be a certified
professional counselor-alcohol and drug, a licensed clinical alcohol and drug counselor; or
a licensed or certified health care provider with documented expertise in alcohol and drug
counseling. Working as a trainee under an approved supervisor must include direct, on-site,
face-to-face, individual, or group meetings focused on delivering quality alcohol and drug
counseling services and improving counseling skills.
The State Board of Professional Counselors and Therapists is required to maintain a
registry of all counselors or therapists currently licensed or certified by the board and all
individuals currently working as trainees. The board must adopt a code of ethics
appropriate and applicable to counselors or therapists currently certified or licensed by the
board and individuals currently working as trainees.
Pursuant to Code of Maryland Regulations 10.58.06, specified professional counselors
may provide services via telehealth if either the client or the provider is located in the State.
To provide telehealth services, a counselor or therapist must (1) verify a client’s identity
and specific location; (2) obtain informed consent specific to telehealth; (3) use encryption
to prevent unauthorized access to data; (4) notify clients if there is a data breach;
(5) provide a secure connection that complies with federal and State privacy laws;
(6) establish safety protocols in case of emergency; (7) confirm an alternative method of
contact in case of technological failure; and (8) identify all individuals present at each
location and confirm their permission to hear the client’s health information. At an initial
telehealth interaction, the counselor or therapist must disclose their name, location, license
number, and contact information. Counselors and therapists using telehealth are held to the
same standards of practice and documentation as those applicable for in-person sessions.
On March 5, 2020, Governor Lawrence J. Hogan, Jr., declared a state of emergency and
the existence of a catastrophic health emergency to prevent the spread of COVID-19. The
Governor has issued numerous executive orders, including authorizing expanded telehealth
services. Pursuant to such executive orders, the Secretary of Health authorized the use of
telehealth for alcohol and drug trainees in accordance with regulations during the state of
emergency and subject to specified conditions.
Additional Information
Prior Introductions: None.
Designated Cross File: SB 646 (Senators Carozza and Kagan) - Education, Health, and
Environmental Affairs.
Information Source(s): Department of Legislative Services
Fiscal Note History: First Reader - February 11, 2021
an/jc Third Reader - March 22, 2021
Analysis by: Amber R. Gundlach Direct Inquiries to:
(410) 946-5510
(301) 970-5510
HB 1287/ Page 2


Statutes affected:
Text - First - Alcohol and Drug Counseling - Alcohol and Drug Trainees - Practice Through Telehealth: 1-1001 Health Occupations, 17-406 Health Occupations
Text - Third - Alcohol and Drug Counseling - Alcohol and Drug Trainees - Practice Through Telehealth: 1-1001 Health Occupations, 17-406 Health Occupations