1. A. In this chapter, the following terms have the meanings indicated.

2. B. Terms Defined.

   1. (1) “Board” means the State Board of Professional Counselors and Therapists.

   2. (2) Client.

      1. (a) “Client” means an individual, couple, family, group, business, agency, school, organization, or association to whom a counselor is rendering professional service.
      2. (b) “Client” includes the term and concept of “patient”.
   3. (3) “Counselor” means a counselor or therapist either certified or licensed by the Board.
   4. (4) “Dual relationship” means a relationship in which a counselor is simultaneously involved in more than one type of relationship with a client.
   5. (5) “Impaired counselor” means a counselor who cannot perform the counselor's job due to substance abuse, or psychological or physical illness.

   6. (6) “Inappropriate sexual language” means:

      1. (a) A sexualized harassing comment;
      2. (b) An eroticized or sexually provocative comment not reasonably associated with a health care matter; or
      3. (c) An inappropriate discussion of a sexually related matter.
   7. (7) “Public statements” include, but are not limited to, communications or public announcements by a newspaper, magazine, book list, directory, television, radio, motion picture, advertisement, or any other electronic means.

   8. (8) “Sexual behavior” means:

      1. (a) A “sexual act” as defined in Criminal Law Article, §3-301, Annotated Code of Maryland;
      2. (b) “Sexual contact” as defined in Criminal Law Article, §3-301, Annotated Code of Maryland; and
      3. (c) “Vaginal intercourse” as defined in Criminal Law Article, §3-301, Annotated Code of Maryland.
   9. (9) “Sexual exploitation” means a counselor taking advantage of an unequal relationship between a counselor and a client, student, or supervisee, and not permitting the autonomy of a client, student, or supervisee.
   10. (10) “Sexual harassment” means a deliberate or repeated comment, advance, gesture, solicitation, request, or physical contact of a sexual nature.
   11. (11) “Supervisee” means an individual to whom a counselor provides professional, educational, or administrative supervision or direction.
   12. (12) “Therapeutic deception” means a representation by a counselor that sexual contact or sexual activity by or with a client is consistent with or part of a client's treatment.

Authority: Health Occupations Article, §§1-212 and 17-205, Annotated Code of Maryland

Effective date: July 10, 1989 (16:13 Md. R. 1422)

Chapter revised effective April 3, 2000 (27:6 Md. R. 642)

Regulations .01—.06 repealed and new Regulations .01—.11 adopted effective October 1, 2001 (28:19 Md. R. 1685)