To participate in the ICS Program as a provider of behavior consultation services, as specified in Regulation .34 of this chapter, a provider shall:

1. A. Be:

   1. (1) A health services agency that:

      1. (a) Employs a qualified individual or individuals to render behavior consultation services; and
      2. (b) Assures supervision of, or consultation to, the individual rendering behavior consultation services by a licensed mental health professional or by a bachelor's level nurse with 4 years of experience in psychogeriatrics or with an appropriate graduate degree; or

   2. (2) An individual who is:

      1. (a) Qualified to render behavior consultation services; and
      2. (b) Licensed to practice independently;

2. B. Assure that the individual who renders behavior consultation services:

   1. (1) Is a licensed Registered nurse; Psychologist; or Clinical social worker; and

   2. (2) Has:

      1. (a) Experience in psychogeriatrics;
      2. (b) Direct experience working with elderly individuals with dementia or behavioral problems; and
      3. (c) Demonstrated ability to perform assessments; and
3. C. Assure response within 24 hours to a referral from a participant's case manager for behavior consultation services.

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

Effective date: June 11, 2012 (39:11 Md. R. 687)

Regulation .40C amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .41 amended effective July 4, 2016 (43:13 Md. R. 712)

Regulation .41 repealed effective December 11, 2025 (52:23 Md. R. 1198)

Regulation .41 adopted effective December 11, 2025 (52:23 Md. R. 1198)