Md. Code Regs. 10.01.18.04 - Training Requirements

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

(1) State facilities;

(2) Vocational and day service programs;

(3) Psychiatric rehabilitation programs for adults and minors;

(4) Residential rehabilitation programs; and

(5) Supported employment programs.

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

(1) Staff members; and

(2) Individuals receiving services from the covered program.

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

(1) May be provided by the covered program or its contractor; and

(2) Shall be pre-approved by the Developmental Disabilities Administration or Behavioral Health Administration, as applicable.

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

(1) Include, but not be limited to:

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

(i) Types and definitions of inappropriate sexual behavior; and

(ii) Trauma of inappropriate sexual behavior and its long-range effects;

(b) Types and characteristics of inappropriate sexual behavior, including signs and symptoms of inappropriate sexual behavior;

(c) Risk screening, protection plans, and prevention and detection measures for State facilities in accordance with Regulation .07 of this chapter;

(d) Mandated reporting procedures, including the requirements of Regulations .05 and .06 of this chapter, regarding inappropriate sexual behavior; and

(e) Confidentiality of information as it applies to inappropriate sexual behavior;

(2) Be completed during new employee orientation;

(3) Be updated on an annual basis; and

(4) Be documented in the staff members' personnel training files.

E. Training for Individuals.

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

(a) Be offered in language and terms, and using methods, appropriate to the ability of the individual being served to understand;

(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;

(c) Be tailored to the individual's abilities;

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

(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

(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;

(e) Be updated on an annual basis; and

(f) Be documented in the individual's plan of care.

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

(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;

(b) Identifying and reporting inappropriate sexual behavior;

(c) Crisis intervention, as appropriate; and

(d) Referral resources and methods.

Notes

Md. Code Regs. 10.01.18.04

Regulation .04 adopted effective 42:23 Md. R. 1433, eff.11/23/2015; amended effective 48:26 Md. R.1110, eff. 12/27/2021