Sec. 12.11.07.02. Definitions

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

B. Terms Defined.

(1) Applicant.

(a) "Applicant" means an individual seeking employment with the Department in a mandated position who is:

(i) Initially entering State employment; or

(ii) Currently employed by the State and seeking employment in a designated mandated position.

(b) "Applicant" includes an individual:

(i) Requesting reinstatement to a mandated position with the Department after the individual has been separated from the Department for more than 3 years; or

(ii) Being reinstated to a mandated position with the Department as ordered by an administrative body or court if the individual has not been actively performing duties and responsibilities of the mandated position for more than 3 years.

(2) "Appointing authority" has the meaning stated in State Personnel and Pensions Article, §1-101(b), Annotated Code of Maryland.

(3) "Evaluation instrument" means a professionally developed test and protocol used by personnel managers in many fields to assess applicants for employment.

(4) Licensed Mental Health Care Professional.

(a) "Licensed mental health care professional" means an individual duly licensed, registered, or certified according to State requirements to work in the mental health field.

(b) "Licensed mental health care professional" includes, but is not limited to, a:

(i) Psychiatrist;

(ii) Psychologist;

(iii) Social worker;

(iv) Professional counselor; or

(v) Psychiatric nurse.

(5) "Mandated position" has the meaning stated in COMAR 12.10.01.01B.

(6) "Psychological screening" means a process by which a licensed mental health care professional uses an evaluation instrument and, if appropriate, a personal interview to determine whether an applicant is mentally or emotionally suitable to perform the duties and responsibilities of a certain mandated position.