reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6C - Licensed Direct-Entry Midwives › Section 8-6C-15 - Fees

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and other services it provides to licensed direct–entry midwives.
(2)    The fees charged shall be set so as to produce funds to approximate the cost of maintaining the licensure and other services provided to licensed direct–entry midwives.
(b)    (1)    The Board shall pay all fees collected under this subtitle to the Comptroller.
(2)    The Comptroller shall distribute all fees to the Board.
(c)    The fees collected under this section 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 this subtitle.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6C - Licensed Direct-Entry Midwives › Section 8-6C-16 - License -- Issuance

(a)    Subject to subsection (c) of this section, the Board shall issue a license to an applicant who:
(1)    Meets the requirements of this subtitle; and
(2)    Pays a fee set by the Board.
(b)    The Board shall include on each license that the Board issues a designation of licensed direct–entry midwife.
(c)    (1)    On receipt of the criminal history record information of an applicant for licensure forwarded to the Board in accordance with § 8–303 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 circumstances surrounding the crime;
(iii)    The length of time that has passed since the crime;
(iv)    Subsequent work history;
(v)    Employment and character references; and
(vi)    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 § 8–303 of this title has not been received.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6C - Licensed Direct-Entry Midwives › Section 8-6C-19 - License -- Surrender or Lapse

(a)    Unless the Board agrees to accept the surrender of the license:
(1)    A licensed direct–entry midwife may not surrender a license; and
(2)    A license may not 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 an agreement with the licensed direct–entry midwife under investigation or against whom charges are pending to accept surrender of the license.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6C - Licensed Direct-Entry Midwives › Section 8-6C-21 - Misrepresentations Prohibited

(a)    Unless authorized to practice direct–entry midwifery, an individual may not represent to the public by title, description of service, method, procedure, or otherwise, that the individual is authorized to practice direct–entry midwifery in the State.
(b)    A licensee may not advertise in a manner that is unreasonable, misleading, or fraudulent.
(c)    Unless authorized to practice direct–entry midwifery under this subtitle, an individual may not use the abbreviation “LDEM” or use the designation “licensed direct–entry midwife”.
(d)    Unless authorized to practice direct–entry midwifery under this subtitle or certified as a nurse midwife under this title, an individual may not use the designation “midwife”.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6C - Licensed Direct-Entry Midwives › Section 8-6C-22 - Immunity of Health Care Providers

(a)    Except for any willful or grossly negligent act, a health care provider or emergency room personnel who work at a hospital, or emergency medical services providers or ambulance personnel, may not be held civilly liable for an action arising solely from an injury resulting from an act or omission of a licensed direct–entry midwife, even if the person has consulted with the licensed direct–entry midwife or accepted a referral from the licensed direct–entry midwife.
(b)    A health care practitioner who consults with a licensed direct–entry midwife or receives notification of a delivery under § 8–6C–02(b)(15) of this subtitle or the transfer of records under § 8–6C–02(b)(16) of this subtitle but who does not examine or treat a patient of the licensed direct–entry midwife may not be deemed to have created a physician–patient relationship with the patient.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6C - Licensed Direct-Entry Midwives › Section 8-6C-24 - Violations; Penalties

(a)    This section does not apply to a violation of § 8–6C–10(a) of this subtitle.
(b)    A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6C - Licensed Direct-Entry Midwives › Section 8-6C-26 - Termination of Subtitle

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, and subject to the termination of this subtitle under § 8–802 of this title, this subtitle and all regulations adopted under this subtitle shall terminate and be of no effect after July 1, 2023.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-01 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “ACME” means the Accreditation Commission for Midwifery Education, or a successor organization that is an accrediting agency for midwifery education programs and institutions and is approved by the United States Department of Education.
(c)    “AMCB” means the American Midwifery Certification Board, or a successor organization that is a certifying agency for midwifery education programs and is approved by the National Commission for Certifying Agencies.
(d)    “Applicant” means an individual who has submitted an application to the Board to be licensed as a certified midwife.
(e)    “Board” means the State Board of Nursing.
(f)    “License” means, unless the context requires otherwise, a license issued by the Board to practice certified midwifery.
(g)    (1)    “Licensed certified midwife” means an individual who has been issued a license by the Board under this subtitle to practice certified midwifery.
(2)    “Licensed certified midwife” does not include a licensed direct–entry midwife or a licensed nurse certified as a nurse–midwife under this title.
(h)    (1)    “Practice certified midwifery” means the management and care of essentially normal newborns and of essentially normal women antepartally, intrapartally, and postpartally.
(2)    “Practice certified midwifery” includes:
(i)    Family planning and well woman reproductive care;
(ii)    The prescribing of substances commonly used in the practice of midwifery;
(iii)    The prescribing of Schedule II, Schedule III, Schedule IV, and Schedule V controlled dangerous substances commonly used in the practice of midwifery; and
(iv)    The dispensing of the substances prescribed in accordance with the provisions of items (ii) and (iii) of this paragraph in the course of treating a patient at:
1.    A medical facility or clinic that is operated on a nonprofit basis;
2.    A health center that operates on a campus of an institution of higher education; or
3.    A public health facility, a medical facility under contract with a state or local health department, or a facility funded with public funds.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-02 - License Required to Practice Certified Midwifery -- Inapplicable to Certain Individuals

(a)    Except as otherwise provided in this subtitle, an individual shall be licensed by the Board before the individual may practice certified midwifery in the State.
(b)    This section does not apply to:
(1)    An individual who assists at a birth in an emergency;
(2)    An individual who is licensed as a health care practitioner whose scope of practice allows the individual to practice certified midwifery; or
(3)    A student who is practicing certified midwifery while engaged in an approved clinical midwifery education experience under the supervision of a licensed certified midwife or a licensed nurse certified as a nurse–midwife.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-03 - Qualifications of License Applicant

(a)    In addition to the certification and education requirements under subsection (b) of this section, to qualify for a license, an applicant must:
(1)    Be of good moral character; and
(2)    Submit to a criminal history records check in accordance with § 8–303 of this title.
(b)    An applicant must:
(1)    Hold a current, valid certification as a certified midwife from AMCB;
(2)    Have graduated from a graduate–level accredited program for midwifery education approved by ACME;
(3)    Have completed coursework in health and sciences:
(i)    Before commencing a midwifery program described in item (2) of this subsection; or
(ii)    As part of a midwifery program described in item (2) of this subsection; and
(4)    Have passed  the AMCB examination.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-04 - Requirements of Applicant

To apply for a license, an applicant shall:
(1)    Submit to a criminal history records check in accordance with § 8–303 of this title;
(2)    Submit to the Board:
(i)    An application on the form that the Board requires, including a current address;
(ii)    Written, verified evidence that the requirement of item (1) of this section is being or has been met; and
(iii)    Written, verified evidence of satisfying the requirements in § 8–6D–03(b) of this subtitle; and
(3)    Pay to the Board a fee set by the Board as required in § 8–6D–05 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-05 - Board to Set Reasonable Fees -- Collected Fees Paid to Comptroller -- Exclusive Use of Fees

(a)    (1)    The Board shall set reasonable fees for the issuance and renewal of licenses and other services it provides to licensed certified midwives.
(2)    The fees charged shall be set to produce funds to approximate the cost of maintaining the licensing program and the other services to licensed certified midwives.
(b)    (1)    The Board shall pay all fees collected under this subtitle to the Comptroller.
(2)    The Comptroller shall distribute all fees to the Board of Nursing Fund.
(c)    The fees collected under this section shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by this subtitle.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-06 - Licenses Issued to Qualified Applicants -- Board Requirements -- Criminal History Records Information Considered

(a)    Subject to subsection (c) of this section, the Board shall issue a license to any applicant who meets the requirements of this subtitle.
(b)    (1)    The Board shall:
(i)    Issue each new licensee a license number that indicates that the initial license was issued by the Board; and
(ii)    Electronically record each license in the Board’s database and on the Board’s website.
(2)    Each license shall include an expiration date.
(c)    (1)    On receipt of the criminal history records information of an applicant for licensure in accordance with § 8–303 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 circumstances surrounding the crime;
(iii)    The length of time that has passed since the crime;
(iv)    Subsequent work history;
(v)    Employment and character references; and
(vi)    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 records information required under § 8–303 of this title has not been received.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-09 - Surrender of License -- Terms and Conditions -- Final Order

(a)    Unless the Board agrees to accept the surrender of a license, a licensed certified midwife may not surrender the license.
(b)    The Board may require terms and conditions on an agreement with the licensed certified midwife to accept surrender of the license.
(c)    An agreement to accept the surrender of a license is a final order of the Board and is a public record.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-11 - Only Authorized Individuals to Represent Themselves as Such -- Advertising by Licensee -- Authorized Use of Designations

(a)    Unless authorized to practice certified midwifery under this subtitle, an individual may not represent to the public by title, description of service, method, procedure, or otherwise, that the individual is authorized to practice certified midwifery in the State.
(b)    A licensee may not advertise in a manner that is unreasonable, misleading, or fraudulent.
(c)    Unless authorized to practice certified midwifery under this subtitle, an individual may not use the abbreviation “CM” or use the designation “Certified Midwife” with the intent to represent that the individual practices certified midwifery in the State.
(d)    Unless an individual is authorized to practice certified midwifery under this subtitle or is a licensed nurse certified as a nurse–midwife or as a direct–entry midwife under this title, an individual may not use the designation “Midwife”.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-12 - Reporting by Licensee of Potential Violations -- Immunity for Reporting -- Knowledge of Substance Abuse Disorder by Licensee in Treatment

(a)    Except as provided in subsection (b) of this section, the following applies:
(1)    If a licensed certified midwife knows of an action or condition that might be grounds for action under § 8–316, § 8–6A–10, or § 8–6C–20 of this title or § 8–6D–10 of this subtitle, the licensed certified midwife shall report the action or condition to the Board; and
(2)    An individual shall have the immunity from liability described under § 5–709 of the Courts Article for making a report required under item (1) of this subsection.
(b)    If a licensed certified midwife has reason to know that a licensee or certificate holder has committed an action or has a condition that might be grounds for reprimand or probation of the licensee or certificate holder or suspension or revocation of the license or certificate under § 8–316, § 8–6A–10, or § 8–6C–20 of this title or § 8–6D–10 of this subtitle because the licensee or certificate holder has a substance use disorder, the licensed certified midwife is not required to report the licensee or certificate holder to the Board if:
(1)    The licensed certified midwife knows that the licensee or certificate holder is in an alcohol or drug treatment program that is accredited by the Joint Commission, is certified by the Department, or is under the care of a health care practitioner who is competent and capable of dealing with substance use disorder;
(2)    The licensed certified midwife is able to verify that the licensee or certificate holder remains in the treatment program until discharge; and
(3)    The action or condition of the licensee or certificate holder has not caused injury to any individual while the licensee or certificate holder is practicing.
(c)    An individual is not required under this section to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of patient substance use disorder records.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-13 - Petition for Judicial Review of Board Decision -- No Appeal to Secretary -- Board Decision Not Stayed

(a)    Except as provided in this section for an action under § 8–6D–10 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 § 8–6D–10 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.
(c)    A Board decision may not be stayed while judicial review is pending.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 6D - Licensed Certified Midwives › Section 8-6D-14 - Authority of Board

The authority of the Board established under this subtitle:
(1)    Vests with the Board at the time an individual applies for certification;
(2)    Continues during periods of licensure; and
(3)    Includes authority over an individual holding an expired license, a lapsed license, or a temporary license that has expired under § 8–6D–08 of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-701 - Practicing Without License

(a)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice registered nursing, advanced practice registered nursing, or licensed practical nursing in this State unless licensed by the Board to practice registered nursing, advanced practice registered nursing, or licensed practical nursing, respectively.
(b)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice electrology in this State unless licensed by the Board to practice electrology.
(c)    (1)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a certified nursing assistant unless certified by the Board as a certified nursing assistant.
(2)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a certified nursing assistant in a specific category unless certified by the Board as a certified nursing assistant in that category.
(d)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a certified medication technician in this State unless certified by the Board to practice as a certified medication technician.
(e)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a certified medicine aide unless certified by the Board to practice as a certified medicine aide.
(f)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a licensed direct–entry midwife unless licensed by the Board to practice as a licensed direct–entry midwife.
(g)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a licensed certified midwife unless licensed by the Board to practice as a licensed certified midwife.
(h)    Except as otherwise provided in this title, an individual may not practice, attempt to practice, or offer to practice as a certified dialysis technician unless certified by the Board to practice as a certified dialysis technician.
(i)    An individual may not require a licensee to perform an act that is beyond the licensee’s knowledge and skills.
(j)    An individual may not direct a licensee to delegate a nursing task to a nurse when the individual reasonably believes:
(1)    The nurse lacks the knowledge and skills to perform the nursing task; or
(2)    The patient’s condition does not allow delegation of the nursing task.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-704 - Selling Fraudulent Records, Diplomas, Licenses, or Certificates

A person may not sell, fraudulently obtain, fraudulently provide, or fraudulently aid or abet the sale, fraudulent obtainment, or fraudulent provision of any record, nursing diploma, license, license renewal, certificate, or certificate renewal.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-705 - Practicing With Fraudulent Record, Diploma, License, or Certificate

(a)    An individual may not practice registered nursing or advanced practice registered nursing under color of any diploma, license, certification, or record that is:
(1)    Illegally or fraudulently obtained; or
(2)    Signed or issued unlawfully or by fraudulent representation.
(b)    An individual may not practice licensed practical nursing under color of any diploma, license, or record that is:
(1)    Illegally or fraudulently obtained; or
(2)    Signed or issued unlawfully or by fraudulent representation.
(c)    An individual may not practice as a nursing assistant under color of any diploma, license, record, or certificate that is:
(1)    Illegally or fraudulently obtained; or
(2)    Signed or issued unlawfully or by fraudulent representation.
(d)    An individual may not practice as a certified medication technician under color of any diploma, license, record, or certificate that is:
(1)    Illegally or fraudulently obtained; or
(2)    Signed or issued unlawfully or by fraudulent representation.
(e)    An individual may not practice as a certified medicine aide under color of any diploma, license, record, or certificate that is:
(1)    Illegally or fraudulently obtained; or
(2)    Signed or issued unlawfully or by fraudulent representation.
(f)    An individual may not practice as a certified dialysis technician under color of any diploma, license, record, or certificate that is:
(1)    Illegally or fraudulently obtained; or
(2)    Signed or issued unlawfully or by fraudulent representation.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-706 - Employing an Unlicensed Person

(a)    An individual may not knowingly employ to practice registered nursing any individual who is not authorized to practice registered nursing under this title.
(b)    An individual may not knowingly employ to practice advanced practice registered nursing any individual who is not authorized to practice advanced practice registered nursing under this title.
(c)    An individual may not knowingly employ to practice licensed practical nursing any individual who is not authorized to practice licensed practical nursing under this title.
(d)    An individual may not knowingly employ any individual who is not authorized to perform delegated nursing duties under this title.
(e)    An individual may not knowingly employ to practice as a certified nursing assistant any individual who is not authorized to practice as a certified nursing assistant under this title.
(f)    An individual may not knowingly employ to practice as a certified medication technician any individual who is not authorized to practice as a certified medication technician under this title.
(g)    An individual may not knowingly employ to practice as a certified medicine aide any individual who is not authorized to practice as a certified medicine aide under this title.
(h)    An individual may not knowingly employ to practice as a certified dialysis technician any individual who is not authorized to practice as a certified dialysis technician under this title.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-707 - Cease and Desist Orders; Civil Fines

(a)    Subject to the hearing provisions of § 8–317 of this title and in addition to any other sanction authorized for a violation of §§ 8–701 through 8–706 of this subtitle, the Board may issue a public cease and desist order, impose a civil fine of not more than $20,000 per offense, or both.
(b)    For the purposes of this section, each violation is a separate offense if the violation occurs:
(1)    At a different time, date, or location; or
(2)    On the same date and location at a different time.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-708 - Injunctions

(a)    An action may be maintained in the name of the State or the Board to enjoin conduct:
(1)    Prohibited under §§ 8–701 through 8–706 of this subtitle; or
(2)    That is grounds for disciplinary action under § 8–316, § 8–6A–10, § 8–6B–18, or § 8–6D–10 of this title.
(b)    An action under this section may be brought by:
(1)    The Board, in its own name;
(2)    The Attorney General, in the name of the State; or
(3)    A State’s Attorney, in the name of the State.
(c)    An action under this section shall be brought in the county where the defendant:
(1)    Resides; or
(2)    Engaged in the acts sought to be enjoined.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-710 - Violations; Fines and Penalties

(a)    A person who violates any provision of § 8–701(a) through (g), § 8–703, § 8–704, or § 8–705 of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 5 years or both.
(b)    Subject to the appropriate hearing and appeals provisions, the Board, on the affirmative vote of the majority of its members, may reprimand a licensee or certificate holder, place a licensee or certificate holder on probation, or suspend or revoke a license or certificate of a person who violates any provision of this subtitle.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7 - Prohibited Acts; Penalties › Section 8-711 - Fines

(a)    The Board may impose a civil fine on a licensee who fails to renew a license within 30 days after the date of expiration of the license and engages in the practice of nursing during the period of expiration.
(b)    The civil fine shall be $5 a day for each day that the violation continues, up to a maximum of $500.
(c)    The Board shall pay any fine collected under this section into the General Fund of the State.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7A - Nurse Licensure Compact › Section 8-7A-03 - Construction With Other Laws

(a)    This Nurse Licensure Compact may not nullify any other provision in this title or any other title applicable to the practice of nursing in the State.
(b)    In any instance where this Nurse Licensure Compact is silent as to an issue, the other provisions of this title and any regulations promulgated under this title shall prevail.
2023 Maryland Statutes › Health Occupations › Title 8 - Nurses › Subtitle 7A - Nurse Licensure Compact › Section 8-7A-05 - Purpose

This Nurse Licensure Compact:
(a)    Is designed to facilitate the regulation of nurses, and may not relieve employers from complying with contractual and statutorily imposed obligations; and
(b)    May not supersede existing State labor laws.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 1 - Definitions; General Provisions › Section 9-101 - Definitions

(a)    In this title the following words have the meanings indicated.
(b)    “Assisted living manager” means an individual who oversees and is responsible for the day–to–day operation of an assisted living program.
(c)    “Assisted living program” has the meaning stated in § 19–1801 of the Health – General Article.
(d)    “Board” means the State Board of Long–Term Care Administrators.
(e)    “Family member” means:
(1)    A spouse;
(2)    A child;
(3)    A sibling;
(4)    A parent;
(5)    A grandparent;
(6)    A niece or nephew; or
(7)    An uncle or aunt.
(f)    “License” means, unless the context requires otherwise:
(1)    A license issued by the Board to practice as a nursing home administrator under Subtitle 3 of this title; or
(2)    A license issued by the Board to practice as an assisted living manager under Subtitle 3A of this title.
(g)    “Licensed assisted living manager” means, unless the context requires otherwise, an individual who is licensed by the Board to practice as an assisted living manager.
(h)    “Licensed nursing home administrator” means, unless the context requires otherwise, an individual who is licensed by the Board to practice as a nursing home administrator.
(i)    “Nursing home” means an institution or part of an institution that:
(1)    Is a “skilled nursing facility” or an “intermediate care facility” as those terms are defined by federal law and participates in a program under Title XVIII or Title XIX of the Social Security Act; or
(2)    If it is licensed only by this State, otherwise meets the federal requirements for a “skilled nursing facility” or an “intermediate care facility” as those terms are defined by federal law.
(j)    “Nursing home administrator” means an individual who administers, manages, or is in general administrative charge of a nursing home whether or not the individual:
(1)    Has an ownership interest in the nursing home; or
(2)    Shares duties and functions with other individuals.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 2 - State Board of Long-Term Care Administrators › Section 9-203 - Officers

(a)    From among the Board members, the Governor shall appoint a chairman and vice chairman of the Board.
(b)    (1)    The Board shall appoint and the Secretary shall confirm the Board executive director.
(2)    The Board executive director may not be a member of the Board and serves at the pleasure of the Board.
(3)    The Board executive director is the executive officer of the Board.
(4)    The Board executive director shall have, at a minimum, a bachelor’s degree.
(c)    The Board shall determine the duties of each officer.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 2 - State Board of Long-Term Care Administrators › Section 9-204 - Quorum; Meetings; Compensation; Staff

(a)    A majority of the full authorized membership of the Board is a quorum.
(b)    The Board shall meet at least twice a year, at the times and places that it determines.
(c)    Each member of the Board is entitled to:
(1)    Compensation determined by the Secretary in accordance with the State budget, unless the member otherwise is a public employee; and
(2)    Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
(d)    The Board may employ a staff in accordance with the State budget.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 2 - State Board of Long-Term Care Administrators › Section 9-205 - Miscellaneous Powers and Duties

(a)    In addition to the powers set forth elsewhere in this title, the Board may:
(1)    Adopt rules and regulations to carry out the provisions of this title; and
(2)    Take any action necessary to enable the State to meet applicable federal requirements.
(b)    In addition to the duties set forth elsewhere in this title, the Board shall:
(1)    Report directly to the Secretary, as the Secretary requires;
(2)    Adopt standards for:
(i)    Licensure of applicants; and
(ii)    Practice of licensees;
(3)    Devise examinations and adopt investigative procedures to:
(i)    Determine whether licensees meet the standards adopted by the Board; and
(ii)    Assure that licensees continue to meet these standards; and
(4)    Conduct a continuing study and investigation of nursing homes and nursing home administrators to improve:
(i)    Licensing standards; and
(ii)    Procedures for enforcing these standards.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 2 - State Board of Long-Term Care Administrators › Section 9-206 - Establishment of Fees; Disposition of Funds

(a)    The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
(b)    The Board shall pay all funds collected under this title into the General Fund of this State.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 2 - State Board of Long-Term Care Administrators › Section 9-207 - Good Faith Exemption From Civil Liability

A person shall have the immunity from liability described under § 5-710 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 2 - State Board of Long-Term Care Administrators › Section 9-208 - Administrator Rehabilitation Committees

(a)    In this section, “rehabilitation committee” means a committee of the Board or a committee of any association representing nursing home administrators or assisted living managers that:
(1)    Is recognized by the Board;
(2)    Includes but is not limited to nursing home administrators and assisted living managers; and
(3)    Performs any of the functions listed in subsection (c) of this section.
(b)    The rehabilitation committee may function:
(1)    Solely for the Board; or
(2)    Jointly with a rehabilitation committee representing another board or boards.
(c)    For purposes of this section, the rehabilitation committee evaluates and provides assistance to any nursing home administrator or assisted living manager, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
(d)    (1)    Except as otherwise provided in this subsection, the proceedings, records, and files of the rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the rehabilitation committee.
(2)    Paragraph (1) of this subsection does not apply to any record or document that is considered by the rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
(3)    For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
(e)    A person who acts in good faith and within the scope of jurisdiction of the rehabilitation committee is not civilly liable for any action as a member of the rehabilitation committee or for giving information to, participating in, or contributing to the function of the rehabilitation committee.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-302 - Qualifications of Applicants

(a)    To qualify for a license, an applicant shall be an individual who:
(1)    Submits to a criminal history records check in accordance with § 9–302.1 of this subtitle; and
(2)    Meets the requirements of this section.
(b)    The applicant shall be of good moral character.
(c)    The applicant shall be at least 21 years old.
(d)    (1)    The applicant shall:
(i)    1.    Have a baccalaureate or master’s degree in health care administration from an accredited college or university; or
2.    A.    Have a baccalaureate or master’s degree in a field other than health care administration from an accredited college or university; and
B.    Have satisfactorily completed a minimum of 100 hours in a course of study in health care administration approved by the Board; and
(ii)    1.    Have completed an administrator–in–training program approved by the Board; or
2.    Have completed 1 year of full–time nursing home administration in a nursing home.
(2)    The requirements of paragraph (1) of this subsection do not apply to an individual who:
(i)    Was in possession of a valid license on December 15, 1988; or
(ii)    1.    Had applied for a license by December 15, 1988; and
2.    Met all of the other requirements for licensure.
(e)    The Board may waive any education requirement of subsection (d) of this section for an individual who was licensed and practiced as a nursing home administrator for at least 3 years in another state.
(f)    (1)    Notwithstanding the provisions of subsection (d)(1)(i)1 or 2A of this section, the Board may not require an applicant to have a baccalaureate degree if the applicant:
(i)    Is a registered nurse who:
1.    Has an associate in arts degree in nursing; or
2.    Is a diplomate nurse;
(ii)    Has been working as a nursing home director of nursing for a period of at least 5 years, with at least 3 years experience at the same facility, prior to the date the applicant submits an application to the Board for a license;
(iii)    Has completed at least 6 months of full-time nursing home administration in a training program approved by the Board; and
(iv)    Has satisfactorily completed a minimum of 100 hours in a course of study in health care administration, or equivalent, approved by the Board.
(2)    Whenever federal law requires that an applicant for a license to practice as a nursing home administrator must have a baccalaureate degree in health care administration or in a field other than health care administration the provisions of this section shall cease to be effective.
(g)    Except as otherwise provided in this title, the applicant shall pass an examination given by the Board under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-302.1 - Criminal History Records Check

(a)    In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
(b)    As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall submit to the Central Repository:
(1)    One complete set of legible fingerprints taken in a manner approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;
(2)    The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and
(3)    The processing fee required by the Federal Bureau of Investigation for a national criminal history records check.
(c)    In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and to the applicant the criminal history record information of the applicant.
(d)    If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board a revised printed statement of the individual’s State criminal history record.
(e)    Information obtained from the Central Repository under this section:
(1)    Is confidential;
(2)    May not be redisseminated; and
(3)    May be used only for the purposes authorized by this title.
(f)    The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-303 - Applications for Licenses

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 subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-304 - Application Files

(a)    The Board shall keep a file of each licensing application 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 certificate or renewal certificate 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 3 - Nursing Home Administrators › Section 9-305 - Examinations

(a)    An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.
(b)    The Board shall give examinations to applicants at least four times a year, at the times and places that the Board determines.
(c)    The Board shall notify each qualified applicant of the time and place of examination.
(d)    (1)    Subject to the provisions of this subsection, the Board shall determine the subjects, scope, form, and passing score for examinations given under this subtitle.
(2)    The subjects of examination shall be related to:
(i)    Nursing home administration;
(ii)    Health administration; and
(iii)    Attendant matters.
(3)    Each applicant shall be required to show knowledge of the laws, rules, and regulations that apply to nursing homes.
(4)    The scope, content, and form of an examination shall be the same for all license applicants who take the examination at the same time.
(e)    The Board may not limit the number of times an applicant may take an examination required under this subtitle.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-306 - Waiver of Examination Requirement

(a)    Subject to the provisions of this section, the Board may waive any examination requirement of this title for an individual who is licensed as a nursing home administrator in any other state.
(b)    The Board may grant a waiver under this section only if the applicant:
(1)    Is of good moral character;
(2)    Pays the application fee required by the Board under § 9–303 of this subtitle; and
(3)    Provides adequate evidence that:
(i)    At the time the applicant was licensed in the other state, the applicant was qualified to take the examination that then was required by the laws of this State; and
(ii)    The applicant qualified for a license in the other state by passing an examination given in that or any other state.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-307 - Administrators of Certain Church Institutions

(a)    In this section, “certified institution” means an institution that:
(1)    Cares for and treats the sick in accordance with the teachings of any recognized church or religious denomination that teaches reliance on spiritual means through prayer alone for healing; and
(2)    Is certified by that church or religious denomination to provide this care and treatment.
(b)    The Board may issue a limited license that permits the licensee to practice as a nursing home administrator only in a certified institution.
(c)    An applicant qualifies for a limited license only if a recognized church or religious denomination that teaches reliance on spiritual means through prayer alone for healing approves the applicant as qualified to administer certified institutions.
(d)    As a qualification for a limited license, the Board may not require the applicant to demonstrate proficiency in any medical technique or to meet any medical educational qualification or other medical standard that is not in accord with the remedial care and treatment provided in a certified institution.
(e)    A license certificate and license card issued under this section shall include a statement that practice as a nursing home administrator under the license is restricted to a certified institution named in the license.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-308 - Issuance of License

(a)    Subject to subsection (b) of this section, the Board shall issue a license certificate and a license card to any applicant who meets the requirements of this title.
(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 subtitle, 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 subtitle has not been received.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-309 - Judicial Review of Decision Relating to Issuance or Renewal of License

The applicant may petition for judicial review of a decision of the Board that relates to issuing or renewing a license, as provided in the Administrative Procedure Act.
2023 Maryland Statutes › Health Occupations › Title 9 - Nursing Home Administrators and Assisted Living Managers › Subtitle 3 - Nursing Home Administrators › Section 9-312 - Reinstatement of Expired Licenses

(a)    The Board shall reinstate the license of a nursing home administrator who has failed to renew the license for any reason, if the licensee:
(1)    Has not had the license suspended or revoked;
(2)    Meets the renewal requirements of § 9-311 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 title 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 a nursing home administrator who fails to apply for reinstatement of the license within 5 years after the license expires. However, the nursing home administrator may become licensed by meeting the current requirements for obtaining a new license under this title.