1. A. This regulation applies to the following covered programs as defined in Regulation .02 of this chapter:

   1. (1) State facilities;
   2. (2) Vocational and day service programs;
   3. (3) Psychiatric rehabilitation programs for adults and minors;
   4. (4) Residential rehabilitation programs; and
   5. (5) Supported employment programs.

2. B. A covered program shall include awareness and prevention training on inappropriate sexual behavior as part of the established orientation process for:

   1. (1) Staff members; and
   2. (2) Individuals receiving services from the covered program.

3. C. The inappropriate sexual behavior awareness and prevention training module:

   1. (1) May be provided by the covered program or its contractor; and
   2. (2) Shall be pre-approved by the Developmental Disabilities Administration or Behavioral Health Administration, as applicable.

4. D. Staff member training conducted in accordance with this regulation shall:

   1. (1) Include, but not be limited to:

      1. (a) An overview of inappropriate sexual behavior, including:

         1. (i) Types and definitions of inappropriate sexual behavior; and
         2. (ii) Trauma of inappropriate sexual behavior and its long-range effects;
      2. (b) Types and characteristics of inappropriate sexual behavior, including signs and symptoms of inappropriate sexual behavior;
      3. (c) Risk screening, protection plans, and prevention and detection measures for State facilities in accordance with Regulation .07 of this chapter;
      4. (d) Mandated reporting procedures, including the requirements of Regulations .05 and .06 of this chapter, regarding inappropriate sexual behavior; and
      5. (e) Confidentiality of information as it applies to inappropriate sexual behavior;
   2. (2) Be completed during new employee orientation;
   3. (3) Be updated on an annual basis; and
   4. (4) Be documented in the staff members’ personnel training files.

5. E. Training for Individuals.

   1. (1) Training conducted in accordance with this regulation for individuals receiving services shall:

      1. (a) Be offered in language and terms, and using methods, appropriate to the ability of the individual being served to understand;
      2. (b) Include an element of peer training, unless disapproved by an individual’s treatment team for reasons that are documented in the individual’s records;
      3. (c) Be tailored to the individual’s abilities;

      4. (d) Be provided to an individual served by a covered program in two stages, as follows:

         1. (i) Key facts regarding identifying inappropriate sexual behavior and how to report it shall be provided within 5 days after initiation of services to the individual; and
         2. (ii) Comprehensive training as set out in this regulation shall be provided to the individual as soon as practical but no later than 6 months after initiation of services to the individual;
      5. (e) Be updated on an annual basis; and
      6. (f) Be documented in the individual’s plan of care.

   2. (2) Training conducted in accordance with this regulation for individuals receiving services shall include, but not be limited to:

      1. (a) The individuals’ rights and responsibilities with regard to inappropriate sexual behavior, including the right to be free from retaliation and further harm for reporting inappropriate sexual behavior;
      2. (b) Identifying and reporting inappropriate sexual behavior;
      3. (c) Crisis intervention, as appropriate; and
      4. (d) Referral resources and methods.

Authority: Health-General Article, §2-104, 7.5-205, 7-1002, and 10-705, Annotated Code of Maryland

Effective date: November 23, 2015 (42:23 Md. R. 1433)

Chapter revised effective December 27, 2021 (48:26 Md. R. 1110)