reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-312.1 - Licensing on Inactive Status

(a)    If an individual has been licensed by the Board to practice as a nursing home administrator in the State in accordance with the requirements of this subtitle, the individual may be licensed subsequently as a nursing home administrator on inactive status, retaining the licensee’s original license number.
(b)    (1)    The Board shall place a licensee on inactive status if the licensee submits to the Board:
(i)    An application for inactive status on the form required by the Board; and
(ii)    The inactive status fee set by the Board.
(2)    A licensee’s inactive status expires on the second anniversary of its effective date, unless the licensee renews the inactive status for a 2–year term as provided in this section.
(3)    The Board shall provide a licensee who has complied with the requirements of paragraph (1) of this subsection with written notification of:
(i)    The date that the licensee’s inactive status becomes effective;
(ii)    The date that the licensee’s 2–year term of inactive status expires; and
(iii)    The consequences of:
1.    Not renewing inactive status before expiration of the 2–year term of inactive status; and
2.    Not resuming active status within the 5–year period of inactive status, beginning on the first day of inactive status.
(c)    A licensee on inactive status may not practice as a nursing home administrator in the State.
(d)    The Board shall issue a license to a licensee who is on inactive status if the licensee:
(1)    Completes an application form for reactivation of a license before expiration of the 2–year term of inactive status on the form required by the Board;
(2)    Complies with the renewal requirements in effect at the time the licensee seeks to reactivate the license;
(3)    Meets the continuing education requirements set by the Board;
(4)    Has not practiced as a nursing home administrator in the State while on inactive status;
(5)    Pays all appropriate fees set by the Board;
(6)    Has been on inactive status for less than 5 years; and
(7)    Is otherwise entitled to be licensed.
(e)    Before the Board may reactivate the license of an individual who has been on inactive status for 5 years or more, the individual shall:
(1)    Submit a new application;
(2)    Pay all appropriate fees set by the Board;
(3)    Complete a Board approved 1–month administrator refresher program;
(4)    Pass the State’s standards examination; and
(5)    Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 9–302.1 of this subtitle.
(f)    A nursing home administrator whose inactive license expires before the nursing home administrator returns to active licensure shall meet the reinstatement requirements of § 9–312 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-313 - Surrender of License

(a)    Unless the Board agrees to accept the surrender of a license, a licensed nursing home administrator may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the nursing home administrator.
(b)    The Board may set conditions on its agreement with the nursing home administrator under investigation or against whom charges are pending to accept surrender of the nursing home administrator’s license.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-314 - Investigations; Grounds for Reprimands, Suspensions, Revocations, and Fines

(a)    The Board shall investigate and take appropriate action as to any complaint filed with the Board that alleges that a licensee has failed to meet any standard of the Board.
(b)    Subject to the hearing provisions of § 9–315 of this subtitle, the Board may deny a license or limited license to any applicant, reprimand any licensee or holder of a limited license, place any licensee or holder of a limited license on probation, suspend or revoke a license or limited license, or impose a civil fine if the applicant, holder, or licensee:
(1)    Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another;
(2)    Fraudulently or deceptively uses a license;
(3)    Otherwise fails to meet substantially the standards of practice adopted by the Board under § 9–205 of this title;
(4)    Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(5)    Provides professional services while:
(i)    Under the influence of alcohol; or
(ii)    Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(6)    Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
(7)    Practices nursing home administration with an unauthorized person or supervises or aids an unauthorized person in the practice of nursing home administration;
(8)    Willfully makes or files a false report or record in the practice of nursing home administration;
(9)    Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(10)    Submits a false statement to collect a fee;
(11)    Commits an act of unprofessional conduct in the licensee’s practice as a nursing home administrator;
(12)    Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive; or
(13)    Fails to submit to a criminal history records check in accordance with § 9–302.1 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-314.1 - Civil Fines

(a)    (1)    If, after a hearing under § 9-315 of this subtitle, the Board finds that there are grounds under § 9-314 of this subtitle to reprimand a licensee, place a licensee on probation, or suspend or revoke a license, the Board may impose a civil fine:
(i)    Instead of suspending or revoking the license; or
(ii)    In addition to placing the licensee on probation or suspending or revoking the license.
(2)    A civil fine imposed under this subsection may not exceed:
(i)    $1,000 for a first violation; and
(ii)    $5,000 for any subsequent violation of the same provision.
(b)    If, after disciplinary procedures have been brought against a licensee, the licensee waives the right to a hearing required under this subtitle and if the Board finds that there are grounds under § 9-314 of this subtitle to reprimand the licensee, place the licensee on probation, or suspend or revoke a license, the Board, in addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license, may impose:
(1)    A civil fine not exceeding $1,000 for a first violation; and
(2)    A civil fine not exceeding $5,000 for any subsequent violation of the same provision.
(c)    The Board shall pay any civil fine collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-314.2 - Employing or Retaining Unlicensed Consultants Prohibited

(a)    In this section, “nursing home management firm” means an organization that:
(1)    Is intended to have or has full responsibility and control for the day–to–day operations of a nursing home; and
(2)    Is under contract with:
(i)    An applicant for a license from the Secretary to establish, operate, or continue the operation of an existing nursing facility; or
(ii)    A holder of a license from the Secretary to operate a nursing facility.
(b)    (1)    Except as provided in paragraph (2) of this subsection, a nursing home or a nursing home management firm may not knowingly employ or retain as a consultant an individual who, for an activity described in § 9–314(b)(8), (9), or (10) of this subtitle, has surrendered a license under § 9–313 of this subtitle or has had a license revoked under § 9–314 of this subtitle.
(2)    A nursing home or nursing home management firm may hire or retain as a consultant an individual who surrendered a license or had a license revoked under this subtitle, but had the license restored by the Board, and who is now a licensee in good standing under the provisions of this title.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-315 - Hearing Before Reprimand, Suspension, or Revocation

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 9-314 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.
(d)    If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.
(e)    If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-316 - Review

(a)    Except as provided in this section for an action under § 9–314 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    Any person aggrieved by a final decision of the Board under § 9–314 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    An order of the Board may not be stayed pending judicial review.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-316.1 - Unauthorized Practice of Nursing Home Administration

(a)    The Board may issue a cease and desist order for practicing nursing home administration without a license or with an unauthorized person or for supervising or aiding an unauthorized person in the practice of nursing home administration.
(b)    (1)    An action for aiding and abetting may be maintained in the name of the State or the Board to enjoin:
(i)    The unauthorized practice of nursing home administration; or
(ii)    Conduct that is a ground for disciplinary action under § 9-314 of this subtitle.
(2)    An action under this section may be brought by:
(i)    The Board, in its own name;
(ii)    The Attorney General, in the name of the State; or
(iii)    A State’s Attorney, in the name of the State.
(3)    An action under this section shall be brought in the county where the defendant resides or engages in the acts sought to be enjoined.
(4)    Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
(5)    An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of nursing home administration under § 9-401 of this title or disciplinary action under § 9-314 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-02 - License Qualifications -- Employment as Satisfaction of Requirements

(a)    To qualify for a license, an applicant must:
(1)    Be an individual who meets the requirements of this section;
(2)    Be of good moral character;
(3)    Be at least 21 years old;
(4)    Meet the education requirements under COMAR 10.07.14; and
(5)    (i)    Complete an assisted living manager training course required under § 19–1807 of the Health – General Article and under COMAR 10.07.14, including the successful passing of the course examination; or
(ii)    Be exempt from the training course requirement under § 19–1807(d) of the Health – General Article.
(b)    Individuals who have been employed in the State as an assisted living manager and have worked at an assisted living program that is licensed for five or more beds as of September 30, 2022, are deemed to have satisfied the requirements of this section.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-03 - Duties of License Applicant

To apply for a license, an applicant shall:
(1)    Submit an application to the Board on the form that the Board requires;
(2)    Pay to the Board the application fee set by the Board; and
(3)    Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 9–302.1 of this title.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-04 - File for Each Application -- Contents -- Public Inspection

(a)    The Board shall keep a file of each application for a license made under this subtitle.
(b)    The file shall contain:
(1)    The name, address, and age of the applicant;
(2)    The name and address of the employer or business connection of the applicant;
(3)    The date of the application;
(4)    Complete and current information on the educational, training, and experience qualifications of the applicant;
(5)    The date the Board reviewed and acted on the application;
(6)    The action taken by the Board on the application;
(7)    The identifying numbers of any license or renewal license issued to the applicant; and
(8)    Any other information that the Board considers necessary.
(c)    The application files shall be open to public inspection.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-05 - Issuance of License -- Criminal History Record Information

(a)    Subject to subsection (b) of this section, the Board shall issue a license to any applicant who meets the requirements of this subtitle.
(b)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 9–302.1 of this title, in determining whether to grant a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The nature of the crime;
(iii)    The circumstances surrounding the crime;
(iv)    The length of time that has passed since the crime;
(v)    Subsequent work history;
(vi)    Employment and character references; and
(vii)    Any other evidence that demonstrates whether the applicant poses a threat to the public health or safety.
(2)    The Board may not issue a license if the criminal history record information required under § 9–302.1 of this title has not been received.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-06 - Appeal of Board Decision Relating to License Issuance or Renewal

The applicant may appeal a decision of the Board that relates to issuing or renewing a license as provided for in § 9–3A–15 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-08 - License Expiration -- Renewals -- Criminal History Records Check

(a)    A license expires on the second anniversary of its effective date, unless the license is renewed for a 2–year term as provided in this section.
(b)    At least 1 month before the license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:
(1)    The date on which the current license expires;
(2)    The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the license expires; and
(3)    The amount of the renewal fee.
(c)    Before the license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:
(1)    Otherwise is entitled to be licensed;
(2)    Pays to the Board a renewal fee set by the Board; and
(3)    Submits to the Board:
(i)    A renewal application on the form that the Board requires; and
(ii)    Satisfactory evidence of compliance with any continuing education requirements under § 19–1807 of the Health – General Article.
(d)    The Board shall renew the license of each licensee who meets the requirements of this section.
(e)    (1)    The Board shall require a criminal history records check in accordance with § 9–302.1 of this title for:
(i)    Licensure renewal applicants; and
(ii)    Each former licensee who files for reinstatement under § 9–3A–09 of this subtitle after failing to renew the license for a period of 1 year or more.
(2)    On receipt of the criminal history record information of a licensee forwarded to the Board in accordance with § 9–302.1 of this title, in determining whether to grant a license, the Board shall consider:
(i)    The age at which the crime was committed;
(ii)    The nature of the crime;
(iii)    The circumstances surrounding the crime;
(iv)    The length of time that has passed since the crime;
(v)    Subsequent work history;
(vi)    Employment and character references; and
(vii)    Any other evidence that demonstrates whether the licensee poses a threat to the public health or safety.
(3)    The Board may not renew or reinstate a license if the criminal history record information required under § 9–302.1 of this title has not been received.
(4)    Unless otherwise required, a renewal applicant who previously has completed the criminal history records check as required for the Board’s application process does not have to submit to a subsequent criminal history records check for license renewal.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-09 - Reinstatement of Licenses

(a)    The Board shall reinstate the license of an assisted living manager who has failed to renew a license for any reason, if the licensee:
(1)    Has not had the license suspended or revoked;
(2)    Meets the renewal requirements of § 9–3A–08 of this subtitle;
(3)    Pays to the Board the reinstatement fee set by the Board;
(4)    Submits to the Board satisfactory evidence of compliance with the qualifications and requirements established under this subtitle for license reinstatements; and
(5)    Applies to the Board for reinstatement of the license within 5 years after the license expires.
(b)    The Board may not reinstate the license of an assisted living manager who fails to apply for reinstatement of the license within 5 years after the license expires, unless the assisted living manager becomes licensed by meeting the requirements for obtaining a new license under this subtitle in effect at the time the licensee seeks to reinstate the license.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-10 - Inactive Status of Licensee -- Submissions to Board -- Reactivation of License -- Reinstatement Requirements

(a)    If an individual has been licensed by the Board to practice as an assisted living manager in the State in accordance with the requirements of this subtitle, the individual may be licensed subsequently as an assisted living manager on inactive status, retaining the licensee’s original license number.
(b)    (1)    The Board shall place a licensee on inactive status if the licensee submits to the Board:
(i)    An application for inactive status on the form required by the Board; and
(ii)    The inactive status fee set by the Board.
(2)    A licensee’s inactive status expires on the second anniversary of its effective date, unless the licensee renews the inactive status for a 2–year term as provided in this section.
(3)    The Board shall provide a licensee who has complied with the requirements of paragraph (1) of this subsection with written notification of:
(i)    The date that the licensee’s inactive status becomes effective;
(ii)    The date that the licensee’s 2–year term of inactive status expires; and
(iii)    The consequences of:
1.    Not renewing inactive status before expiration of the 2–year term of inactive status; and
2.    Not resuming active status within the 5–year period of inactive status, beginning on the first day of inactive status.
(c)    A licensee on inactive status may not practice as an assisted living manager in the State.
(d)    The Board shall reactivate the license of a licensee who is on inactive status if the licensee:
(1)    Completes an application form for reactivation of the license before expiration of the 2–year term of inactive status on the form required by the Board;
(2)    Complies with the renewal requirements in effect at the time the licensee seeks to reactivate the license;
(3)    Meets the continuing education requirements set by the Board;
(4)    Has not practiced as an assisted living manager in the State while on inactive status;
(5)    Pays all appropriate fees set by the Board;
(6)    Has been on inactive status for less than 5 years; and
(7)    Is otherwise entitled to be licensed.
(e)    Before the Board may reactivate the license of an individual who has been on inactive status for 5 years or more, the individual shall:
(1)    Submit a new application;
(2)    Pay all appropriate fees set by the Board;
(3)    Complete a Board–approved manager refresher program;
(4)    Pass an examination approved by the Board; and
(5)    Submit satisfactory evidence of having completed a State and national criminal history records check in accordance with § 9–302.1 of this title.
(f)    An assisted living manager whose inactive status expires before the assisted living manager’s license is reactivated shall meet the reinstatement requirements of § 9–3A–09 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-11 - Surrender of License While Being Investigated or Charged -- Conditions

(a)    Unless the Board agrees to accept the surrender of a license, a licensed assisted living manager may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.
(b)    The Board may set conditions on its agreement with the assisted living manager under investigation or against whom charges are pending to accept surrender of the license.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-12 - Appropriate Action Upon Filing of Complaint -- Denial, Suspension, or Revocation of License

(a)    The Board shall investigate and take appropriate action as to any complaint filed with the Board that alleges that a licensee has failed to meet any standard of the Board.
(b)    Subject to the hearing provisions of § 9–3A–14 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, place any licensee on probation, suspend or revoke a license, or impose a civil fine if the applicant or licensee:
(1)    Fraudulently or deceptively obtains or attempts to obtain a license for the licensee or for another individual;
(2)    Fraudulently or deceptively uses a license;
(3)    Fails to meet the standards of practice for assisted living adopted by the Board under § 9–205 of this title;
(4)    Is convicted of or pleads guilty or nolo contendere to a felony or to a crime involving moral turpitude, whether or not any appeal or other proceeding is pending to have the conviction or plea set aside;
(5)    Provides professional services while:
(i)    Under the influence of alcohol; or
(ii)    Using any narcotic or controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic amounts or without valid medical indication;
(6)    Is disciplined by a licensing or disciplinary authority of any other state or country or convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under the Board’s disciplinary statutes;
(7)    Practices assisted living management with an unauthorized individual or supervises or aids an unauthorized individual in the practice of assisted living management;
(8)    Willfully makes or files a false report or record in the practice of assisted living management;
(9)    Willfully fails to file or record any report as required under law, willfully impedes or obstructs the filing or recording of the report, or induces another to fail to file or record the report;
(10)    Submits a false statement to collect a fee;
(11)    Commits an act of unprofessional conduct in the licensee’s practice as an assisted living manager;
(12)    Refuses, withholds from, denies, or discriminates against an individual with regard to the provision of professional services for which the licensee is licensed and qualified to render because the individual is HIV positive;
(13)    Fails to cooperate with a lawful investigation conducted by the Board;
(14)    Fails to oversee, manage, or administer an assisted living program to the extent that the safety, health, or life of any resident has been endangered;
(15)    Endangers or sanctions the endangerment of the safety, health, or life of any resident;
(16)    Violates any of the provisions of law or regulations governing assisted living programs in the State; or
(17)    Fails to submit to a criminal history records check in accordance with § 9–302.1 of this title.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-13 - Imposition of Civil Fine -- Amounts

(a)    (1)    If, after a hearing under § 9–3A–14 of this subtitle, the Board finds that there are grounds under § 9–3A–12 of this subtitle to reprimand a licensee, place a licensee on probation, or suspend or revoke a license, the Board may impose a civil fine:
(i)    Instead of suspending or revoking the license; or
(ii)    In addition to a reprimand, placing the licensee on probation, or suspending or revoking the license.
(2)    A civil fine imposed under this subsection may not exceed:
(i)    $1,000 for a first violation; and
(ii)    $5,000 for any subsequent violation of the same provision.
(b)    If, after disciplinary procedures have been brought against a licensee, the licensee waives the right to a hearing required under this subtitle and if the Board finds that there are grounds under § 9–3A–12 of this subtitle to reprimand the licensee, place the licensee on probation, or suspend or revoke a license, the Board, in addition to reprimanding the licensee, placing the licensee on probation, or suspending or revoking the license, may impose:
(1)    A civil fine not exceeding $1,000 for a first violation; and
(2)    A civil fine not exceeding $5,000 for any subsequent violation of the same provision.
(c)    The Board shall pay any civil fine collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-14 - Hearing Before the Board -- Notice and Holding of Hearing -- Subpoenas and Oaths -- Contempt of Court

(a)    Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 9–3A–12 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.
(b)    The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.
(c)    Over the signature of an officer or the executive director of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this subtitle and any hearings or proceedings before it.
(d)    If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person for contempt of court.
(e)    If, after due notice, the individual against whom the action is contemplated fails or refuses to appear for a hearing, the Board may hear and determine the matter.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-15 - Petition for Judicial Review -- Direct Judicial Appeal -- Stay of Board Order

(a)    Except as provided in this section for an action under § 9–3A–12 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.
(b)    Any person aggrieved by a final decision of the Board under § 9–3A–12 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    An order of the Board may not be stayed pending judicial review.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-16 - Reinstatement in Accordance With Terms of Revocation Order or Surrender -- Continuing Education Requirements

(a)    Except as provided in subsections (b) and (c) of this section, an individual whose license has been revoked or surrendered under this subtitle may apply for reinstatement in accordance with the terms and conditions of the revocation order or surrender.
(b)    If an individual applies for reinstatement under subsection (a) of this section, the Board may:
(1)    Reinstate the license;
(2)    Reinstate the license with terms and conditions the Board determines are appropriate and necessary; or
(3)    Deny reinstatement.
(c)    If the Board denies an application for reinstatement, the Board may:
(1)    Set a date before which the applicant may not reapply; or
(2)    Permanently prohibit reapplication.
(d)    An individual whose license has been revoked or surrendered under this subtitle and who seeks reinstatement shall meet the continuing education requirements established for the renewal of licenses as if the individual were licensed during the period of revocation or surrender.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-17 - Cease and Desist Order From Board -- Action for Aiding and Abetting

(a)    The Board may issue a cease and desist order for practicing as an assisted living manager without a license or with an unauthorized individual or for supervising or aiding an unauthorized individual in the practice of assisted living management.
(b)    (1)    An action for aiding and abetting may be maintained in the name of the State or the Board to enjoin:
(i)    The unauthorized practice of assisted living management; or
(ii)    Conduct that is a ground for disciplinary action under § 9–3A–12 of this subtitle.
(2)    An action under this section may be brought by:
(i)    The Board, in its own name;
(ii)    The Attorney General, in the name of the State; or
(iii)    A State’s Attorney, in the name of the State.
(3)    An action under this section shall be brought in the county where the defendant resides or engages in the acts sought to be enjoined.
(4)    Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.
(5)    An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of assisted living management under § 9–401 of this title or disciplinary action under § 9–3A–12 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3A - Assisted Living Managers › Section 9-3A-18 - Reinstatement of Revoked or Surrendered License

An individual whose license has been revoked or surrendered under this subtitle may not work for, be employed by, or perform services for an assisted living program or nursing home in the State unless the individual’s license is reinstated under § 9–3A–16 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 4 - Prohibited Acts; Penalties › Section 9-401 - Practicing Without License

(a)    Except as otherwise provided in this title, an individual may not:
(1)    Practice, attempt to practice, or offer to practice as a nursing home administrator in this State unless licensed by the Board;
(2)    Supervise, direct, induce, or aid an unlicensed individual to practice as a nursing home administrator;
(3)    Practice, attempt to practice, or offer to practice as an assisted living manager in this State unless licensed by the Board; or
(4)    Supervise, direct, induce, or aid an unlicensed individual to practice as an assisted living manager.
(b)    (1)    This subsection may not be construed to prohibit the Board from taking any other action authorized under this title against a licensee, an applicant, or another individual.
(2)    (i)    Subject to paragraph (3) of this subsection, the Board may impose a civil penalty not exceeding $10,000 for a violation of this section.
(ii)    The Board shall pay any fine collected under this paragraph into the General Fund of the State.
(3)    If the Board finds a violation of subsection (a)(3) of this section on or before September 30, 2025, the Board shall provide the individual with written notice and a 60–day period to comply with the licensure requirement before imposing the fine.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 4 - Prohibited Acts; Penalties › Section 9-402 - Misrepresentation as Licensed Nursing Home Administrator

(a)    (1)    Unless authorized to practice as a nursing home administrator under Subtitle 3 of this title, an individual may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is authorized to practice as a nursing home administrator in this State.
(2)    Unless authorized to practice under Subtitle 3 of this title, an individual may not use the title “nursing home administrator”, or the abbreviation “N.H.A.” or any other designation, title, or abbreviation with the intent to represent that the individual is authorized to practice as a nursing home administrator.
(b)    (1)    Unless authorized to practice as an assisted living manager under Subtitle 3A of this title, an individual may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the individual is authorized to practice as an assisted living manager in this State.
(2)    Unless authorized to practice under Subtitle 3A of this title, an individual may not use the title “assisted living manager”, or any other designation, title, or abbreviation with the intent to represent that the individual is authorized to practice as an assisted living manager.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 4 - Prohibited Acts; Penalties › Section 9-403 - License Fraud

A person may not:
(1)    Sell or fraudulently obtain or furnish or aid in selling or fraudulently obtaining or furnishing a license issued under Subtitle 3 of this title;
(2)    Practice as a nursing home administrator under any license unlawfully or fraudulently obtained or unlawfully issued;
(3)    Sell or fraudulently obtain or furnish or aid in selling or fraudulently obtaining or furnishing a license issued under Subtitle 3A of this title; or
(4)    Practice as an assisted living manager under any license unlawfully or fraudulently obtained or unlawfully issued.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 4 - Prohibited Acts; Penalties › Section 9-404 - Operating Nursing Home Without Licensed Nursing Home Administrator

Except when a nursing home administrator is removed from the position by death or for any other unexpected cause as provided in § 9-301 of this title, a nursing home may not be operated unless it is under the supervision of a licensed nursing home administrator.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 4 - Prohibited Acts; Penalties › Section 9-405 - Disciplinary Action Against Individual With Expired or Surrendered License

The Board may take disciplinary action against an individual whose license has expired or been surrendered in the same manner that the Board is authorized to take disciplinary action against a licensee under this title, if the Board initiated an investigation of the individual or issued charges against the individual while the individual was licensed.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 4 - Prohibited Acts; Penalties › Section 9-407 - Penalties; Fines Paid Into General Fund

(a)    A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to:
(1)    A fine not exceeding $1,000 for a first offense; and
(2)    A fine not exceeding $5,000 or imprisonment not exceeding 6 months or both for any subsequent violation of the same provision.
(b)    The Board shall pay any fine collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 2 - State Board of Occupational Therapy Practice › Section 10-203 - Chairpersons

(a)    From among its members, the Board shall annually elect one or more chairpersons.
(b)    The Board shall determine:
(1)    The manner of election of the chairpersons;
(2)    The term of office of the chairpersons; and
(3)    The duties of the chairpersons.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 2 - State Board of Occupational Therapy Practice › Section 10-204 - Quorum; Meetings; Compensation; Executive Director; Staff

(a)    A majority of the full authorized membership of the Board is a quorum.
(b)    The Board shall meet at least once every 2 months, at the times and places that it determines.
(c)    Each member of the Board is entitled to:
(1)    Compensation in accordance with the budget of the Board; and
(2)    Reimbursement for expenses at a rate determined by the Board.
(d)    (1)    The Board shall appoint an Executive Director of the Board that serves at the pleasure of the Board as its executive officer.
(2)    In accordance with the budget of the Board, the Board may employ:
(i)    A staff; and
(ii)    Any experts and consultants necessary to obtain information and advice that relate to occupational therapy.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 2 - State Board of Occupational Therapy Practice › Section 10-205 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may adopt:
(1)    Rules and regulations to carry out the provisions of this title;
(2)    A code of ethics for licensees; and
(3)    In consultation with the State Board of Physical Therapy Examiners and the Board of Chiropractic Examiners, regulations that recognize occupational therapists and occupational therapy assistants who have acquired advanced practice skills.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Keep records and minutes necessary for the orderly conduct of business;
(2)    Keep a list of each currently licensed occupational therapist and occupational therapy assistant; and
(3)    Investigate an alleged violation of this title.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 2 - State Board of Occupational Therapy Practice › Section 10-206 - State Board of Occupational Therapy Practice Fund -- Establishment of Fees; Disposition of Funds

(a)    There is a State Board of Occupational Therapy Practice Fund.
(b)    (1)    The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(2)    The fees charged shall be set so as to approximate the cost of maintaining the Board.
(3)    Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.
(c)    (1)    The Board shall pay all funds collected under this title to the Comptroller of the State.
(2)    The Comptroller shall distribute the fees to the State Board of Occupational Therapy Practice Fund.
(d)    (1)    The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.
(2)    The Fund is a continuing, nonlapsing fund, not subject to § 7-302 of the State Finance and Procurement Article.
(3)    Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.
(4)    No other State money may be used to support the Fund.
(e)    (1)    A designee of the Board shall administer the Fund.
(2)    Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.
(f)    The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-301 - License Required; Exceptions

(a)    Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice occupational therapy or limited occupational therapy in this State.
(b)    This section does not apply to:
(1)    An individual employed by the federal government as an occupational therapist or an occupational therapy assistant, while practicing within the scope of that employment;
(2)    A student or trainee who is designated as a student or trainee, while:
(i)    Fulfilling a field work requirement under § 10-302 of this subtitle; or
(ii)    Pursuing a supervised course of study in an accredited or approved educational program leading to a degree or certificate in:
1.    Occupational therapy; or
2.    Occupational therapy assistant;
(3)    Subject to the regulations adopted by the Board, an aide who supports the practice of occupational therapy or the practice of limited occupational therapy, if the aide:
(i)    Works only under the direct supervision of a licensed occupational therapist or occupational therapy assistant and subject to the occupational therapist’s responsibility for supervision, as provided by this subtitle; and
(ii)    Performs only support activities that do not require training in the basic anatomical, biological, psychological, and social sciences used in the practice of occupational therapy;
(4)    An occupational therapist who is authorized to practice occupational therapy in any other jurisdiction, if the occupational therapist practices occupational therapy in this State for the purpose of educating, consulting, and training, for the duration of the purpose, as preapproved by the Board; or
(5)    An occupational therapy assistant who is authorized to practice limited occupational therapy in any other jurisdiction, if the occupational therapy assistant practices limited occupational therapy in this State for the purpose of educating, consulting, and training, for the duration of the purpose, as preapproved by the Board.
2023 Maryland Statutes › Health Occupations › Title 10 - Occupational Therapists › Subtitle 3 - Licensing › Section 10-302 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall be an individual who meets the requirements of this section.
(b)    The applicant shall be of good moral character.
(c)    The applicant shall be at least 18 years old.
(d)    An applicant for an occupational therapist license shall have successfully:
(1)    Graduated from an educational program in occupational therapy that is recognized by the Board and accredited by ACOTE or any other nationally recognized programmatic accrediting agency; and
(2)    Completed the equivalent of at least 6 months of supervised, full–time field work experience at a recognized educational institution or in a training program approved by the educational institution where the applicant met the academic requirements.
(e)    An applicant for an occupational therapy assistant license shall have successfully:
(1)    Graduated from an educational program for occupational therapy assistants that is recognized by the Board and accredited by ACOTE or any other nationally recognized programmatic accrediting agency; and
(2)    Completed the equivalent of at least 4 months of supervised, full–time field work experience at a recognized educational institution or in a training program approved by the educational institution where the applicant met the academic requirements.
(f)    The applicant shall pass the appropriate examination given by NBCOT or any other national credentialing organization approved by the Board.
(g)    The applicant shall submit to a criminal history records check in accordance with § 10–302.1 of this subtitle.