1. A. In accordance with Health-General Article, §7.5-401, Annotated Code of Maryland, the following providers are exempt from the requirements of, and are not required to be licensed under, this subtitle:

   1. (1) Except as provided in §B of this regulation:

      1. (a) A health professional, in either a solo practice or group practice, who is licensed under the Health Occupations Article; and
      2. (b) Is providing services in accordance with the requirements of the appropriate professional board;
   2. (2) Alcoholics Anonymous;
   3. (3) Narcotics Anonymous;
   4. (4) Recovery residences;
   5. (5) Peer support services;
   6. (6) Family-provided support services;
   7. (7) An employees’ assistance program of a business entity;
   8. (8) Outpatient behavioral health treatment and rehabilitation services provided in regulated space of a hospital, as defined in Health-General Article, §19-301, Annotated Code of Maryland, if the hospital is accredited by an approved accreditation organization under the accreditation organization’s behavioral health standards; and

   9. (9) A therapeutic group home authorized under:

      1. (a) Health-General Article, §§10-920 — 10-923, Annotated Code of Maryland;
      2. (b) COMAR 10.21.07; and
      3. (c) COMAR 14.31.05 — 14.31.07;

2. B. Notwithstanding the provisions of §A of this regulation, a provider shall have a valid and current license under this subtitle in order to provide the following services:

   1. (1) DUI education programs as described in COMAR 10.63.05.05; and
   2. (2) Substance-related disorder programs as described in COMAR 10.63.03.11 — .14.

3. C. The Department may exempt a program from the requirements of this subtitle:

   1. (1) If the program:

      1. (a) Is a pilot project;
      2. (b) Is a federal or State demonstration project; or

      3. (c) Does not fall within any of the program descriptions set out in:

         1. (i) COMAR 10.63.03;
         2. (ii) COMAR 10.63.04; or
         3. (iii) COMAR 10.63.05; and

   2. (2) If the program demonstrates to the satisfaction of the Department that it is subject to:

      1. (a) Contractual provisions;
      2. (b) Conditions of grant award; or
      3. (c) Other requirements that are comparable to the regulations in this subtitle.

Authority: Health-General Article, §§7.5-204, 8-402, 8-404, and 10-901, Annotated Code of Maryland

Effective date: July 1, 2016 (43:10 Md. R. 585)

Regulation .02 amended effective February 27, 2017 (44:4 Md. R. 255)

Regulation .04 amended effective February 27, 2017 (44:4 Md. R. 255)

Regulation .05E amended effective February 27, 2017 (44:4 Md. R. 255)