Reforming Maryland’s Therapist, Counselor, and Social Worker Confidentiality:
Petitions to Allow Discretionary Domestic Violence Reporting and Clarify ERPO Confidentiality

Every year, therapists, counselors, and social workers encounter situations of adult intimate-partner or domestic violence, but lack regulatory guidance on how to respond. Maryland law mandates reporting for child and elder abuse, yet offers no mechanism for therapists, counselors, and social workers to report domestic abuse or intimate-partner violence involving competent adults, which leaves clinicians uncertain, and victims potentially unprotected.

A similar gap exists with Extreme Risk Protection Orders (ERPOs). Although Maryland statutes authorize confidential disclosures during ERPO filings, the COMAR regulations within the Maryland Board of Professional Counselors and Therapists (BOPCT) and the Maryland Board of Social Work Examiners (BSWE) do not expressly authorize these disclosures. This inconsistency creates professional uncertainty, and potential legal risk for therapists, counselors, and social workers.

Summary

In 2025, Maryland attorney Nicholas Proy filed formal petitions for rulemaking with the Maryland Board of Professional Counselors and Therapists (BOPCT) and the Maryland Board of Social Work Examiners (BSWE), through the Maryland Department of Health. The petitions seek to modernize state confidentiality regulations for therapists, counselors, and social workers by authorizing permissive/discretionary reporting of domestic violence involving competent adults and formally protecting confidential disclosures made in connection with Extreme Risk Protection Orders (ERPOs).

 

What is COMAR?

"COMAR" is an acronym for the Code of Maryland Regulations. Statutes from the legislature are published in the various Articles of the Maryland Code (these are laws enacted by the legislature). Regulations from all state agencies are published in COMAR. Every executive branch agency has regulations within COMAR, and the processes and procedures are nearly identical regardless of the agency involved.

 

What is the purpose of these petitions?

The petitions seek to modernize and clarify Maryland’s therapist, counselor, and social worker confidentiality regulations.

 

Importantly, the proposed permissive/discretionary reporting framework would not create new liability for therapists, counselors, or social workers. Instead, it would simply authorize, but not require, these professionals to report adult domestic violence using their discretion, unlike mandatory reporting laws for children and vulnerable adults.

 

The proposed updates also aim to align Maryland’s regulations with current professional ethics and practice standards, address long-standing legal gaps, and clarify confidentiality protections for 16- and 17-year-old clients, a group often caught in legal gray areas.

 

Specifically, these petitions would modernize Maryland’s therapist, counselor, and social worker confidentiality rules by updating:

 

COMAR 10.58.03.08: The confidentiality regulation covering professional counselors and therapists under the Board of Professional Counselors and Therapists (BOPCT)

 

COMAR 10.42.03.03: The confidentiality regulation covering social workers under the Board of Social Work Examiners (BSWE)

 

Each petition proposes key language that will:

 

(1) Grant Permissive Reporting: Authorize, but not require, the reporting of domestic violence involving competent adults.

(2) Protect ERPO Disclosures: Explicitly safeguard confidential information disclosed when filing or supporting an Extreme Risk Protection Order (ERPO).

(3) Resolve Conflicts: Eliminate the legal and ethical conflicts that currently place therapists and counselors in uncertain ethical positions due to confusing laws.

(4) Align Regulations: Bring COMAR regulations into conformity with existing Maryland statutes and professional standards.

 

My Role

Although I am an attorney, I filed these petitions solely in my personal capacity, and not as legal counsel for any client or organization. My involvement stems from a civic interest in improving clarity and consistency within Maryland’s mental health regulations. This initiative represents an exercise of the fundamental right of citizens to petition the government for redress of grievances and to engage formally with state agencies under the Maryland Administrative Procedure Act (specifically, Md. State Gov’t § 10-123(a)).

 

What are these petitions?

I have filed two, separate petitions seeking updates to the therapist and social worker confidentiality rules:

 

Petition #1: Maryland Board of Professional Counselors and Therapists (BOCPT) - Petition to Amend COMAR 10.58.03.08

 

Petition #2: Maryland Board of Social Work Examiners (BSWE) - Petition to Amend COMAR 10.42.03.03

 

What are the next steps?

The next step is to await a response from the Maryland Department of Health. Since the petitions were accepted on October 31, 2025, the 60-day review period has begun. During this time, the Department must either deny the petitions (with a written explanation) or initiate rulemaking procedures. I should have a response back by the end of December.

 

If the Department initiates rulemaking, the next stage will be a public comment period. At that point, any member of the public (you do not need to be a licensed therapist, counselor, or social worker) can submit their comments/opinions on these proposed revisions. Every member of the public will have the same opportunity to review the proposed regulatory changes and share feedback.

 

Everyone’s input is valuable and necessary to this process. Every Maryland citizen has the right to comment and participate in rulemaking under state law. If the petitions advance to public comment, I will post detailed instructions on how and where to submit your comments.

 

Administrative Law

What is administrative law?

Maryland’s legal system is built on several types of law: common law, which is developed by the courts; statutory law, which is enacted by the legislature; and administrative law, which are the regulations created ("promulgated") by executive branch departments, boards, and agencies to implement and enforce statutes.

 

Think of this process as part of our checks and balances: The legislature creates a requirement (such as "therapists are permitted to file ERPOs") and the executive branch, through its agencies, carries out/executes that requirement by writing detailed regulations that are then published in COMAR.

 

What is a Petition for Rulemaking?

In Maryland, any member of the public may formally ask a state agency to amend, adopt, or repeal its regulations. This process is started with a Petition for Rulemaking, which is a formal request for an agency, board, or department to amend or adopt a regulation. Once such a petition is filed and accepted, the agency, board, or department must respond within 60 days, as required by COMAR 10.01.07 and Md. State Gov’t § 10-123(a).

 

Why file a Petition for Rulemaking?

Filing a Petition for Rulemaking triggers a formal, time-bound review and response from the agency, board, or department. After acceptance (these petitions were accepted on October 31, 2025), the Maryland Department of Health must respond within 60 days, and that response can only be one of two options:

 

(1) Deny the petition in writing, along with reasons for the denial

(Md. State Gov’t § 10-123(b)(1)); or

 

(2) Initiate the procedures for the adoption of a regulation

(Md. State Gov’t § 10-123(b)(2)).

 

 

This page was last updated on November 3, 2025.