The Diagnostician Question · Maryland · 2026

The diagnostician question in Maryland

Who can give the autism diagnosis in Maryland, and what happens to your ownership if you bring that diagnostician in-house, with the operative statute quoted verbatim. This page carries what is specific to Maryland; the framework, the structure, and the 17-state comparison are in the diagnostician question hub.

Important · This is not legal advice

This page is general educational information about corporate-practice, professional-entity, and anti-kickback law as it affects applied behavior analysis practices in Maryland. It is not legal, tax, or business advice, it creates no attorney-client relationship, and it is not produced by an attorney. Confirm the verbatim text against the current official code and engage qualified healthcare-regulatory and tax counsel before acting.

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Maryland · classification
Nuanced · diagnostician decides

A pediatrician diagnostician flips ownership through the medicine doctrine; a psychologist can be employed in an ordinary LLC. Nuanced: the psychologist is the clean path, the physician is not.

Who may give the diagnosis in Maryland

The medical-necessity diagnosis is made by a licensed physician or a licensed psychologist. A BCBA may not diagnose ASD, so the diagnostician you would bring in-house is a psychologist or a physician, and both are professions the state may treat differently from behavior analysis.

How Maryland treats psychology and medicine ownership

Maryland's doctrine bars a non-licensee entity from employing a physician, and a corporation may render professional services only through licensed individuals. But the Maryland LLC Act expressly permits an ordinary limited liability company to render professional services without an ownership restriction and even allows a multi-disciplinary LLC (Md. Corps. & Assns. § 4A-203.1), which opens the psychology path. Maryland does not recognize the PLLC.

Verbatim, Md. Code, Corps. & Assns. § 5-105(a)A corporation may render professional services in Maryland only through individuals licensed or otherwise authorized in Maryland to render the professional services.
Verbatim, Md. Code, Health Occ. § 14-301Except as otherwise provided in this title or section 13-516 of the Education Article, an individual shall be licensed by the Board before the individual may practice medicine in this State.

What bringing the diagnostician in-house does

A pediatrician diagnostician flips ownership through the medicine doctrine; a psychologist can be employed in an ordinary LLC. Nuanced: the psychologist is the clean path, the physician is not.

How to structure it in Maryland

Use a psychologist as the diagnostician and you can employ them in an ordinary entity; use a physician and you are pushed to a separate licensee-owned diagnostic entity connected through a management company. Choose the psychologist. The framework and both structures are set out in the diagnostician question hub.

Confirm current requirements directly

The corporate-practice, professional-entity, and anti-kickback rules summarized here are amended and reinterpreted, and verbatim text is a starting point rather than a conclusion. The official Maryland code, the applicable federal safe harbor, and qualified healthcare-regulatory and tax counsel are the authoritative sources.

Last updated July 2026. The diagnosis-authority and diagnostician-ownership question for ABA practices in Maryland, with the operative provision quoted verbatim from the official code. Statutes and safe harbors change and are interpreted by agencies and courts. Nothing here is legal, tax, or financial advice. Confirm against the official code and consult qualified counsel before structuring a diagnosis-and-treatment arrangement.