Md. Code Regs. 10.09.28.02 – Provider Qualifications and Conditions for Participation.

A. To participate in the Program, a provider shall:
1. (1) Meet all conditions for participation as set forth in COMAR 10.09.36; and
2. (2) If delivering services via telehealth, comply with COMAR 10.09.49 and any subregulatory guidance issued by the Department.
B. An ABA provider shall be licensed, certified, or otherwise legally authorized to provide ABA services in the jurisdiction in which the services are provided.
C. An ABA provider may not have current sanctions or current disciplinary actions imposed by:
1. (1) The jurisdictional licensing or certification authority;
2. (2) Medicare Program;
3. (3) Maryland Medical Assistance Program; or
4. (4) Other federally funded healthcare program.
D. An ABA provider shall have a completed Criminal Justice Information System's criminal background check.
E. A licensed psychologist who renders ABA services shall:
1. (1) Be licensed by the Maryland Board of Examiners of Psychologists; and
2. (2) Act within the licensee's scope of practice.
F. A BCBA-D provider who renders ABA services shall:
1. (1) Be licensed by the Maryland Board of Professional Counselors and Therapists; and
2. (2) Have a current certification of BCBA-D by the BACB.
G. A BCBA provider who renders ABA services shall:
1. (1) Be licensed by the Maryland Board of Professional Counselors and Therapists; and
2. (2) Have a current certification of BCBA by the BACB.
H. A BCaBA provider who renders ABA services shall:
1. (1) Have a current certification of BCaBA by the BACB;
2. (2) Work under the direction of:
  1. (a) A licensed psychologist; or
  2. (b) An LBA; and
3. (3) Have the supervisory relationship documented in writing.
I. An RBT provider who renders ABA services shall:
1. (1) Be 18 years old or older;
2. (2) Be currently registered by the BACB;
3. (3) Have a high school degree or national equivalent;
4. (4) Work under the direction of:
  1. (a) A licensed psychologist; or
  2. (b) An LBA; and
5. (5) Have the supervisory relationship documented in writing.
J. A BT provider who renders ABA services shall:
1. (1) Be 18 years old or older;
2. (2) Obtain BACB registration within 90 days of enrollment with Maryland Medicaid;
3. (3) Have a high school degree or national equivalent;
4. (4) Work under the direction of:
  1. (a) A licensed psychologist; or
  2. (b) An LBA; and
5. (5) Have the supervisory relationship documented in writing.

Authority: Health-General Article, §§2-104(b), 2-105(b), 15-103, and 15-105, Annotated Code of Maryland

Effective date: November 7, 2016 (43:22 Md. R. 1218)

Regulation .01B amended effective March 12, 2018 (45:5 Md. R. 285); June 17, 2019 (46:12 Md. R. 542); December 12, 2022 (49:25 Md. R. 1049); December 11, 2023 (50:24 Md. R. 1041)

Regulation .02A amended effective December 12, 2022 (49:25 Md. R. 1049)

Regulation .02H, I amended effective June 17, 2019 (46:12 Md. R. 542); December 12, 2022 (49:25 Md. R. 1049)

Regulation .02J adopted effective December 11, 2023 (50:24 Md. R. 1041)

Regulation .03B amended effective June 17, 2019 (46:12 Md. R. 542); December 12, 2022 (49:25 Md. R. 1049)

Regulation .04 amended effective December 12, 2022 (49:25 Md. R. 1049)

Regulation .04B amended effective March 12, 2018 (45:5 Md. R. 285); June 17, 2019 (46:12 Md. R. 542); December 11, 2025 (52:24 Md. R. 1197

Regulation .04B, C amended effective December 11, 2023 (50:24 Md. R. 1041)

Regulation .05B, C amended effective March 12, 2018 (45:5 Md. R. 285)

Regulation .05D amended effective December 12, 2022 (49:25 Md. R. 1049)

Regulation .05F adopted effective March 12, 2018 (45:5 Md. R. 285)

Regulation .06 amended effective March 12, 2018 (45:5 Md. R. 285); December 11, 2023 (50:24 Md. R. 1041); December 11, 2025 (52:24 Md. R. 1197)

Regulation .06B amended effective December 12, 2022 (49:25 Md. R. 1049)

Regulation .06F amended effective June 17, 2019 (46:12 Md. R. 542); December 12, 2022 (49:25 Md. R. 1049)

Regulation .06G adopted effective December 12, 2022 (49:25 Md. R. 1049)