reglab/statecodes huggingface dataset:
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.19 - Code of Ethics

Current through Register Vol. 51, No. 14, July 12, 2024
A. Naturopathic
				  doctors shall concern themselves primarily with the welfare of the
				  patient.
B. A naturopathic doctor
				  who suffers from a physical, mental, or emotional impairment, including
				  substance abuse, that impacts the individual's ability to practice naturopathic
				  medicine shall seek professional treatment and refrain from the practice of
				  naturopathic medicine until the impairment no longer exists or reasonable
				  accommodations can be made.
C. A
				  naturopathic doctor shall:
(1) Use
				  professional discretion and integrity in relationships with a member of the
				  health care community;
(2) Be
				  professional in conduct, with honesty, integrity, self-respect, and
				  fairness;
(3) Remain free from
				  conflict of interest while fulfilling the objectives and maintaining the
				  integrity of the naturopathic doctor profession;
(4) Provide accurate fee information to the
				  patient, the individual responsible for payment for treatment, and the
				  insurer;
(5) At all times respect
				  the patient's dignity, autonomy, and privacy;
(6) Practice naturopathic medicine only as
				  defined in the scope of practice set forth in Health Occupations Article,
				  § 14 5F-14(a), Annotated Code of Maryland;
(7) Cooperate with any lawful investigation
				  conducted by the Board, including:
(a)
				  Furnishing information requested in a timely manner as directed by the
				  Board;
(b) Complying with a
				  subpoena;
(c) Responding to a
				  complaint at the request of the Board; and
(d) Providing meaningful and timely access to
				  relevant patient records; and
(8) Report to the Board conduct in the
				  practice of naturopathic medicine that indicates a violation of:
(a) This chapter;
(b) Health Occupations Article, Title 14-5 F,
				  Annotated Code of Maryland; or
(c)
				  Any other law, including, but not limited to, aiding or abetting the
				  unauthorized practice of naturopathic medicine.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.20 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
Starting on March 1, 2016, the fees are as follows:
A. Initial application fee-$790;
B. Renewal Fee:
(1) Biennial license renewal fee-$486;
				  and
(2) The Maryland Health Care
				  Commission fee as determined by Maryland Health Care Commission under COMAR
				  10.25.03
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.21 - Licensure, Regulation, and Discipline of Naturopathic Doctors › Section 10.32.21.21 - Initial Licensure by Reciprocity

Current through Register Vol. 51, No. 14, July 12, 2024
A. Requirements. An applicant for initial
				  licensure by reciprocity shall:
(1) Have an
				  active, unrestricted license to practice naturopathic medicine in another
				  jurisdiction that, at the time the applicant was licensed, had licensure
				  requirements that were equivalent to or exceeded those set forth in Regulation
				  . 04A;
(2) Be in good standing
				  under the laws of every jurisdiction where the individual is licensed;
				  and
(3) Submit to a State and
				  national criminal history records check in accordance with Health Occupations
				  Article, §
											14-308.1,
				  Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter governs reporting requirements to the Board of
					 Physicians concerning health care providers and naturopathic doctors by:
A. Hospitals;
B. Related institutions;
C. Employers of allied health providers or
				  naturopathic doctors;
D. Health
				  care facilities;
E. State
				  agencies;
F. Health care
				  practitioners;
G. Naturopathic
				  doctors; and
H. Alternative health
				  systems.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.03 - Mandated Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject
				  to the limitations set out in §§B, C and D of this regulation, the
				  reporting entity shall report to the Board in writing any change made with
				  respect to a health care provider:
(1) Whom
				  the reporting entity employs;
(2)
				  Who works with the reporting entity under contract; or
(3) To whom the reporting entity has granted
				  privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.04 - Naturopathic Doctors

Current through Register Vol. 51, No. 14, July 12, 2024
A. A
				  licensed naturopathic doctor, other licensed health care practitioner, health
				  care facility located in the State, or State agency shall file a written report
				  to the Board if there is reason to believe that a licensed naturopathic doctor
				  is or may be:
(1) Medically or legally
				  incompetent;
(2) Engaged in the
				  unauthorized practice of naturopathic medicine;
(3) Guilty of unprofessional conduct;
				  or
(4) Mentally or physically
				  unable to engage safely in the practice of naturopathic medicine.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.05 - Time Frames for the Submission of Reports

Current through Register Vol. 51, No. 14, July 12, 2024
A. Physicians.
(1) A reporting entity shall file reports
				  required under this chapter with the Board within 10 days of any change made
				  with regard to a physician.
(2)
				  Within 10 days, the reporting entity who has reported a change to the Board
				  under this chapter shall report to the Board in writing any modifications made
				  to, or subsequent developments in, that change.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.06 - Enforcement

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall
				  conduct any necessary investigation regarding failure of a reporting entity to
				  file a report required under this chapter.
B. Over the signature of an officer, the
				  executive director, or the deputy director, the Board may issue subpoenas in
				  connection with any investigation or proceeding to enforce this
				  chapter.
C. Before submission of
				  the final investigative report to the Board, the investigator shall inform the
				  reporting entity of the allegation of failure to report and offer the reporting
				  entity an opportunity to submit a written response. Any written response shall
				  be made part of the investigative report. The investigative report is
				  confidential and may not be released to any person except as provided in
				  §E of this regulation.
D. The
				  final investigative report shall be submitted to the Board. The Board, after
				  consideration of the investigative report, shall:
(1) If it finds probable cause that the
				  reporting entity failed to report as required by this chapter, vote to issue a
				  notice of failure to file a report setting out the facts of the alleged failure
				  and the recommended civil penalty as set out in § 0 of this regulation;
				  or
(2) Dismiss the case.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.07 - Confidentiality

Current through Register Vol. 51, No. 14, July 12, 2024
A report made to the Board under this chapter is not
					 subject to subpoena or discovery in any civil action other than a proceeding
					 arising out of a hearing and the final disposition of the Board or disciplinary
					 panel.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.22 - Mandated Reporting to the Board › Section 10.32.22.08 - Public Notice of Failure to File a Report and Disposition

Current through Register Vol. 51, No. 14, July 12, 2024
A. The notice of
				  failure to file a report and any final disposition under this chapter are
				  public documents.
B. The notice of
				  failure to file a report and any final disposition shall redact:
(1) The name of a patient and any other
				  patient-identifying information; and
(2) Records of a health care provider's or a
				  naturopathic doctor's physical, mental, or emotional condition, except to the
				  extent necessary to identify the deficient practice or condition that caused an
				  entity to make a change as defined in Regulation .02 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.01 - Scope

Current through Register Vol. 51, No. 14, July 12, 2024
This chapter defines the parameters under which a physician
					 may obtain a permit to dispense prescription drugs to that physician's
					 patients, dispense prescription drugs to the patients of other prescribers
					 under certain circumstances, and delegate parts of the dispensing process to
					 others in accordance with Health Occupations Article, §§
										12-102 and
					 14-306, Annotated
					 Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.03 - Permit Not Required

Current through Register Vol. 51, No. 14, July 12, 2024
A dispensing permit is not required to:
A. Dispense prescription drugs or devices at
				  a health facility or center described in Health Occupations Article, §
										12-102(g)(l)
				  -(3), Annotated Code of Maryland; or
B. Dispense to a patient, free of charge:
(1) A drug sample;
(2) A sample unit; or
(3) A starter dosage of a prescription drug,
				  not to exceed a 72-hour supply.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.04 - Qualifications for Dispensing Permits

Current through Register Vol. 51, No. 14, July 12, 2024
A. An applicant for a dispensing permit
				  shall:
(1) Possess a license to practice
				  medicine in this State;
(2) Be in
				  good standing as that term is defined in this chapter;
(3) Be of good moral character;
(4) Demonstrate a basic knowledge of the
				  statutes and regulations governing the practice of dispensing prescription
				  drugs;
(5) Complete the application
				  on a form supplied by the Board; and
(6) Pay the required fee as set out in COMAR
				  10.32.01.12.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.05 - Consideration of Applications

Current through Register Vol. 51, No. 14, July 12, 2024
The Board shall grant the application for a dispensing
					 permit if:
A. The applicant meets the
				  requirements of Regulation .04 of this chapter;
B. The applicant has not been sanctioned by
				  the Board for dispensing drugs without a permit within the last 5 years;
				  and
C. Granting the application is
				  in the public interest.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.06 - Requirements for Permit Holders

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A permit holder shall comply with all federal and State statutes and
				  regulations regarding prescription drugs, including all requirements for:
(1) Dispensing, including labeling;
(2) Storing and securing inventory;
(3) Allowing access only to authorized
				  individuals;
(4) Managing inventory
				  controls;
(5) Recordkeeping;
				  and
(6) Submitting prescription
				  monitoring data to the Maryland Prescription Drug Monitoring Program in
				  accordance with Health-General Article, Title 21, Subtitle 2A, Annotated Code
				  of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.07 - Delegation of Dispensing Functions

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit holder may delegate to an
				  unlicensed person only mechanical acts involved in dispensing a drug.
B. Delegation to a Physician Assistant.
(1) Except as required in §B(2) of this
				  regulation, a permit holder may delegate to a physician assistant with whom the
				  permit holder has a delegation agreement under Health Occupations Article,
				  §
											15-302, Annotated
				  Code of Maryland, the dispensing of a drug prescribed by:
(a) The permit holder to the permit holder's
				  patient; or
(b) A physician
				  assistant or certified registered nurse practitioner who meets the requirements
				  of Regulation .08 or .09 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.08 - Dispensing Prescription Drugs Prescribed by Physician Assistants

Current through Register Vol. 51, No. 14, July 12, 2024
A. Except as
				  required in §§B and C of this regulation, a permit holder may
				  dispense a drug prescribed by a physician assistant with whom the permit holder
				  has a delegation agreement under Health Occupations Article, §
										15-302, Annotated
				  Code of Maryland, which authorizes the physician assistant to prescribe the
				  drug.
B. The permit holder shall
				  perform the final check.
C. The
				  permit holder may dispense under this regulation only a drug that the permit
				  holder is authorized to prescribe.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.09 - Dispensing Prescription Drugs Prescribed by Certified Registered Nurse Practitioners

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Except as required in §§B and C of this regulation, a permit holder
				  may dispense a drug prescribed by a certified registered nurse practitioner who
				  is:
(1) Authorized under Health Occupations
				  Article, Title 8, Annotated Code of Maryland, to prescribe the drug;
				  and
(2) Working with the permit
				  holder in the same office setting.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.10 - Records

Current through Register Vol. 51, No. 14, July 12, 2024
A. A permit holder
				  shall keep readily retrievable at each dispensing location:
(1) A copy of the dispensing permit issued by
				  the Board;
(2) A record of each
				  final check;
(3) A copy of the
				  form, signed and dated by the patient, maintained in accordance with COMAR
				  10.13.01.04, indicating the
				  patient's determination that a pharmacy is not conveniently available and
				  demonstrating that the determination was made solely by the patient;
(4) The delegation agreement of any physician
				  assistant for whom the permit holder dispenses prescription drugs at that
				  location, including the name of the primary supervising physician and any
				  alternate supervising physician;
(5) A list of the name and license number of
				  all physician assistants for whom the permit holder dispenses drugs at that
				  location;
(6) A list of the name,
				  license number, and specialty of all certified registered nurse practitioners
				  for whom the permit holder dispenses drugs at that location;
(7) The permit holder's protocols for
				  handling drug recalls, including the arrangements for notifying
				  patients;
(8) The permit holder's
				  protocols for disposal of drugs;
(9) With respect to suppliers from whom the
				  permit holder purchased prescription drugs:
(a) The name, address, and phone number of
				  each supplier; and
(b)
				  Documentation including:
(i) For any pharmacy
				  supplier, the number and the expiration date of the pharmacy permit issued by
				  the Maryland Board of Pharmacy and the number and expiration date of the CDS
				  registration issued by OCSA; and
(ii) For each wholesale supplier, the number
				  and the expiration date of the distribution permit issued by the Maryland Board
				  of Pharmacy and the number and expiration date of the CDS registration issued
				  by OCSA; and
(10) Any other purchasing, inventory, and
				  dispensing records required by State or federal statutes or
				  regulations.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.11 - Revision of Dispensing Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A permit holder may revise a permit twice during its term,
					 without charge, to change the location at which prescriptions will be
					 dispensed.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.12 - Lapse of Dispensing Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  A permit automatically lapses if the permit holder:
(1) Dies;
(2) Fails to retain a valid and active
				  Maryland medical license;
(3) Fails
				  without good cause to file the annual report required by Health Occupations
				  Article, §
											12-102(c)(2)(ii)
				  4L, Annotated Code of Maryland, within 15 days of the anniversary date of the
				  date the permit was issued; or
(4)
				  Fails without good cause to notify the Board of a change of address as required
				  by Health Occupations Article, § 14-3160, Annotated Code of
				  Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.13 - Written Notice on Reactivation of Dispensing

Current through Register Vol. 51, No. 14, July 12, 2024
A permit holder who has reported pursuant to Health
					 Occupations Article, §
										12-102(c)(2)(ii)
					 4L, Annotated Code of Maryland, that the permit holder has not personally
					 dispensed prescription drugs during the previous year:
A. Will not be subject to inspections by OCSA
				  pursuant to Health Occupations Article, §
										12-102.1(b),
				  Annotated Code of Maryland, unless the permit holder begins dispensing again;
				  and
B. May not begin to dispense
				  prescription drugs again during the term of the dispensing permit without
				  notifying the Board in advance in writing.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.14 - Grounds for Revocation of Dispensing Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. Subject to the Administrative Procedure
				  Act, and in addition to any sanction for violation of Health Occupations
				  Article, §
										14-404(a)
				  (28), Annotated Code of Maryland, the Board may revoke a dispensing permit on
				  any of the following grounds:
(1) Violating
				  the attestations made pursuant to COMAR
				  10.13.01.05C(4);
(2) Violating State or federal statutes or
				  regulations regarding prescribing or dispensing prescription drugs;
(3) Delegating dispensing duties outside the
				  scope of this chapter;
(4)
				  Dispensing prescription drugs prescribed by another outside the scope of this
				  chapter;
(5) Dispensing at a
				  location not designated on the permit;
(6) Being absent from the premises when
				  prescription drugs are dispensed under the permit;
(7) Failing to comply with the applicable
				  requirements of the Prescription Drug Monitoring Program set out in
				  Health-General Article, Title 21, Subtitle 2A, Annotated Code of
				  Maryland;
(8) Failing to cooperate
				  with an investigation by the Board or an inspection by OCSA; or
(9) Violating Regulations .06, .10, or .13 of
				  this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.15 - Summary Suspension of Dispensing Permit

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may summarily suspend a
				  dispensing permit if it finds that the public safety, health, or welfare
				  imperatively requires emergency action.
B. Procedures for summary suspension shall be
				  governed by COMAR 10.32.02.08.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.16 - Fraud or Deception in Obtaining a Permit

Current through Register Vol. 51, No. 14, July 12, 2024
Subject to the Administrative Procedure Act, a licensee who
					 fraudulently or deceptively obtains or attempts to obtain a permit is guilty of
					 violating Health Occupations Article, §
										14-404(a)(l),
					 Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.17 - Permit Holders Sanctioned for Violating the Medical Practice Act

Current through Register Vol. 51, No. 14, July 12, 2024
A. If the Board
				  sanctions a permit holder for violating Health Occupations Article, §
										14-404(a)(7),
				  (8), (9), (10), or (28), or §14-404(b), Annotated Code of Maryland, the
				  Board shall, in addition to any sanctions imposed on the permit holder under
				  COMAR 10.32.02.07 or
				  10.32.02.10, revoke the
				  permit.
B. Subject to the
				  requirement of §C of this regulation, reinstatement of a revoked permit is
				  at the discretion of the Board.
C.
				  A revoked permit may not be reinstated for a minimum of 5 years from the date
				  of revocation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.18 - Dispensing Without a Permit

Current through Register Vol. 51, No. 14, July 12, 2024
Unless otherwise authorized by Health Occupations Article,
					 §
										12-102, Annotated
					 Code of Maryland, the dispensing of prescription drugs by a physician without a
					 permit is a violation of Health Occupations Article, §
										14-404(a)(28),
					 Annotated Code of Maryland, and also may be considered unprofessional conduct
					 in the practice of medicine in violation of Health Occupations Article, §
										14-404(a)(3)(H),
					 Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 32 - BOARD OF PHYSICIANS › Chapter 10.32.23 - Permits for the Dispensing of Prescription Drugs › Section 10.32.23.19 - Interpretation

Current through Register Vol. 51, No. 14, July 12, 2024
Nothing in this chapter relieves any permit holder from
					 meeting the requirements of State or federal law or COMAR
					 10.13.01.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.01 - Source of Authority

Current through Register Vol. 51, No. 14, July 12, 2024
These regulations constitute and shall be known as the
					 regulations of the Board of Examiners of Nursing Home Administrators, and are
					 promulgated pursuant to the authority granted to, and imposed upon, the Board
					 under the provisions of Health Occupations Article, §§
										9-101 -9-502,
					 Annotated Code of Maryland.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.03 - Board of Examiners; Meetings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  The Board shall hold at least two regular meetings each year.
B. The Chairman, or other presiding officer
				  of the Board, may call special meetings of the Board, when, in the Chairman's
				  judgment, circumstances or functioning of the Board require it. Special
				  meetings shall be called upon written request of three or more members of the
				  Board.
C. At any meeting a majority
				  of the full authorized membership of the Board shall constitute a
				  quorum.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.04 - Board of Examiners; General Powers

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board shall exercise the powers
				  provided by the laws of this State pertaining to the licensing and license
				  renewal of nursing home administrators.
B. Board members or designees may enter any
				  nursing facility in the State in order to carry out its functions under Health
				  Occupations Article, §
										9-205, Annotated
				  Code of Maryland.
C. The Board
				  shall have access to the licensing file of any nursing facility in order to
				  carry out its functions under Health Occupations Article, §
										9-205, Annotated
				  Code of Maryland.
D. The State
				  agency responsible for licensing nursing facilities may be requested by the
				  Board to assist in carrying out Health Occupations Article, §
										9-205, Annotated
				  Code of Maryland.
E. The Board
				  shall have the authority to utilize consultant experts, as needed, in areas of
				  its concern.
F. From time to time,
				  the Board shall make and publish regulations for the execution and enforcement
				  of the laws governing the licensing and license renewal of nursing home
				  administrators.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.05 - Board of Examiners; Officers and Duties

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Chairman shall preside at all meetings
				  of the Board, and shall sign or designate who shall sign all official documents
				  of the Board. In the absence of the Chairman, the Vice-Chairman shall preside
				  at meetings, and perform all duties usually performed by the
				  Chairman.
B. In addition to the
				  duties imposed by law, the executive director shall:
(1) Attend all meetings of the
				  Board;
(2) Keep a full and complete
				  record of the minutes of the meetings;
(3) Notify the members of the Board of the
				  time and place fixed for meetings of the Board;
(4) Maintain all records pertinent to the
				  operation of the Board;
(5)
				  Countersign all licenses and renewal cards;
(6) Conduct all routine correspondence for
				  the Board;
(7) Issue all notices of
				  meetings and hearings;
(8) Have
				  custody of all books, records, and property of the Board; and
(9) Perform all duties pertaining to the
				  office of executive director.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.06 - Minimum Requirements for Licensure of Nursing Home Administrators

Current through Register Vol. 51, No. 14, July 12, 2024
The applicant shall:
A. Be at least 21 years old.
B. At the time of submitting the application,
				  have successfully completed a baccalaureate degree. Applicants from
				  out-of-State will be processed for licensure in accordance with Health
				  Occupations Article, §
										9-302, Annotated
				  Code of Maryland.
C. In the absence
				  of a baccalaureate or master's degree in health care administration from an
				  accredited college or university, present evidence of satisfactory completion
				  within the last 5 years of a minimum of 100 hours in a course of study in
				  health care administration approved by the Board. This is the course of study
				  referred to in Regulation .11A of this chapter.
D. Obtain a passing grade on the examination
				  administered by the Board, or meet the criteria outlined in Regulation .18 of
				  this chapter for waiver of examination.
E. Successfully complete:
(1) The AIT program, or its equivalent, as
				  outlined in Regulation .13 of this chapter; or
(2) 1 year as the full-time nursing home
				  administrator of record in a nursing facility within the last 5
				  years.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.07 - Application for License

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  applicant for a license as a nursing home administrator shall make application,
				  in writing, on forms provided by the Board, and shall furnish evidence
				  satisfactory to the Board that the applicant has met the requirements as
				  provided for in the Maryland Nursing Home Administrators Licensing Act and
				  Regulations .06 and .13 of this chapter.
B. An applicant for license shall submit with
				  the application two letters from individuals engaged in either business or
				  professional work, who shall attest to the good moral character of the
				  applicant. These character references may not be those from current employers
				  or members of the applicant's family.
C. An applicant who has been convicted of, or
				  pleads guilty or nolo contendere to, a crime involving moral turpitude, whether
				  or not any appeal or other proceeding is pending to have the conviction or plea
				  set aside, shall submit with the application evidence satisfactory to the Board
				  that the applicant has complied with all of the terms of the applicant's
				  sentence imposed by the court and, if applicable, probation
				  authority.
D. An applicant shall
				  submit with the application on the form supplied by the Board, a certificate of
				  health, signed by a licensed physician, describing the current health status of
				  the individual, and reflecting the date of the examination.
D-1. An applicant shall submit with the
				  application a finished, unmounted, photograph of himself or herself, which
				  shall have been taken within 3 months prior to the date of
				  application.
E. After an applicant
				  has completed a minimum of 8 months of the full-time administrator-in-training
				  program or its equivalent, or 12 months of the part-time
				  administrator-in-training program or its equivalent, and has completed the
				  other requirements for licensure as specified in Regulation .06 of this
				  chapter, the applicant may sit for the written portions of the
				  examination.
F. An application
				  shall be void if an applicant fails to meet all the requirements for licensure
				  within 2 years of receipt of the application by the Board. To pursue licensure
				  after that time, the applicant shall submit a new application, and shall meet
				  the requirements for licensure that are in force at the time of
				  reapplication.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.08 - Fees

Current through Register Vol. 51, No. 14, July 12, 2024
A. The fee for a
				  license shall be established by the Board.
B. The fee shall be payable on notification
				  by the Board that the applicant has successfully completed the requirements for
				  licensure or renewal.
C. The
				  license fee or license renewal fee does not include costs for participating in
				  educational courses or for the examination.
D. Fee Schedule.
(1) Initial application - $100.
(2) Original license - $200.
(3) Biennial license renewal -
				  $200.
(4) Reinstatement fee -
				  $200.
(5) Duplicate of original
				  license or license renewal - $50.
(6) Inactive fee - $100.
(7) Biennial inactive renewal -
				  $100.
(8) Reactivation application
				  fee - $100.
(9) Reactivation fee -
				  $100.
(10) Repealed.
(11) Repealed.
(12) Fine for failure to notify Board of
				  change in either name or home address of the licensee, or change in name or
				  address of the employer or business connection of the licensee within 30 days
				  of the change - $100.
(13) NAB
				  Examination. The National Association of Long-Term Care Administrators Boards,
				  Inc. determines the fee for the National Licensure Examination for nursing home
				  administrators. A fee is charged each time a candidate takes the
				  examination.
(14) State's Standards
				  Examination. The Professional Examination Service determines the fee for the
				  Maryland State's Standards Examination. A fee is charged each time a candidate
				  takes the examination.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.09 - Subjects for Examination

Current through Register Vol. 51, No. 14, July 12, 2024
The examination may include, but is not limited to, the
					 following subjects:
A. Applicable
				  standards of environmental health and safety;
B. Local health and safety regulations:
				  Guidelines vary according to local provisions and may be obtained from local
				  health subdivisions;
C. General
				  administration;
D. Psychology of
				  patient care;
E. Principles of
				  medical care;
F. Personal and
				  social care;
G. Therapeutic and
				  supportive care and services in long-term care;
H. Departmental organization and management;
				  or
I. Community
				  interrelationships.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.10 - Grading Examinations

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  passing grade for the examination for the license shall be determined by the
				  Board.
B. The Board shall determine
				  a method of grading each part of the examination separately, and shall apply
				  that method uniformly to all candidates taking the examination.
C. Minimum Passing Grades. The following
				  apply:
(1) Written questions on general
				  nursing facility administration (NAB examination)-scale score of 113;
(2) Written questions on nursing facility
				  licensure (State's Standards examination)-75 percent correct answers.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.11 - Approval of Institutions and Courses of Study

Current through Register Vol. 51, No. 14, July 12, 2024
A. Courses taken for credit for the purpose
				  of original licensure shall first be approved by the Board. This is the course
				  of study referred to in Regulation .06C of this chapter.
B. The courses shall contain the subject
				  matter listed in Regulation .09 of this chapter.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.12 - Continuing Education

Current through Register Vol. 51, No. 14, July 12, 2024
A. Before
				  relicensure, an individual shall submit satisfactory evidence of having
				  completed a minimum of 40 hours, unless otherwise specified by State or federal
				  law, of continuing education, approved by the Board, within the 2-year period
				  before the relicensure date. The approval of the continuing education shall be
				  at the discretion of the Board.
B.
				  The Board shall audit a percentage of nursing home administrators, to be
				  determined by the Board, for each reporting period.
C. On request by the Board, a nursing home
				  administrator shall provide full documentation of the credit hours completed in
				  accordance with the requirements of this regulation.
D. All continuing education shall be
				  completed in courses approved by the National Association of Long Term Care
				  Administrator Boards (NAB), except as provided in §§E, F and G of
				  this regulation.
E. The Board shall
				  award 10 clock hours of continuing education for each completed accredited
				  college credit that falls within the core of knowledge outlined in Regulation
				  .09 of this chapter.
F. The Board
				  shall award 1 hour of continuing education for each month a preceptor serves as
				  an instructor in an AIT program, up to a maximum of 12 credit hours per renewal
				  cycle.
G. A licensee suspended for
				  disciplinary reasons is not exempt from the continuing education requirement in
				  §A of this regulation.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.13 - Administrator-in-Training

Current through Register Vol. 51, No. 14, July 12, 2024
A. An
				  Administrator-in-training (AIT) is a supervised 12-month full-time or 18-month
				  part-time internship during which the AIT works under the guidance and
				  supervision of a preceptor, a licensed administrator meeting the qualifications
				  set forth in Regulation .14 of this chapter. The AIT program is a required
				  phase of education consisting of both the supervised practice of nursing home
				  administration in the environment of the nursing facility, performing and
				  participating in the day-to-day duties of each position, when legally
				  permissible, in each of the following service areas:
(1) Administration;
(2) Business office;
(3) Nursing;
(4) Resident activities;
(5) Social services;
(6) Medical records;
(7) Dietary;
(8) Maintenance;
(9) Environmental, including housekeeping and
				  laundry;
(10) Rehabilitation
				  services; and
(11) Quality
				  assurance.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.14 - Certification of Preceptor

Current through Register Vol. 51, No. 14, July 12, 2024
A. The
				  Board shall issue a certificate of qualification to be a preceptor in the AIT
				  program if the following conditions are met:
(1) The preceptor holds and has held a
				  license from the Board for 1 year or longer;
(2) The proposed preceptor has been
				  satisfactorily employed in nursing home administration for a minimum of 3 years
				  as the nursing home administrator of record;
(3) The proposed preceptor has no
				  disciplinary action pending nor is currently under investigation by the State
				  Board of Examiners of Nursing Home Administrators;
(4) Persons seeking certification as
				  preceptors in the AIT program shall submit evidence of the successful
				  completion of a Board-approved training program for preceptors; and
(5) The proposed preceptor:
(a) Has been employed full time as a nursing
				  home administrator of record for a minimum of 2 of the past 3 years immediately
				  before application to precept,- or
(b) Meets the following qualifications:
(i) Works on the same property as the nursing
				  home where the AIT program will be conducted and meets the standard in
				  Regulation .02B(7)(b) of this chapter;
(ii) Is able to demonstrate to the Board the
				  proposed preceptor's active, direct, and material management and daily
				  operations of the nursing home; and
(iii) Has been actively licensed as a nursing
				  home administrator for a minimum of 5 years immediately before application to
				  precept.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.16 - Complaints and Hearing Procedures

Current through Register Vol. 51, No. 14, July 12, 2024
A. Filing of Complaints. Any person, public
				  officer, or association or the Board may submit a complaint against any
				  licensee or AIT for due cause.
B.
				  Representation by Counsel.
(1) A respondent
				  may be represented by counsel in any matter before the Board and at any stage
				  of the proceedings.
(2) If the
				  matter goes to a hearing, a respondent shall be represented by:
(a) The respondent; or
(b) By an attorney who is:
(i) Admitted to the Maryland Bar;
				  or
(ii) Specially admitted to
				  practice law pursuant to Maryland Rule 14.
(3) An administrative prosecutor assigned to
				  the Board by the Office of the Attorney General shall prosecute disciplinary
				  matters in Board proceedings.
(4)
				  The Board may be represented by and obtain advice of counsel assigned to it by
				  the Office of the Attorney General in all proceedings.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.17 - Procedure of Board Hearings

Current through Register Vol. 51, No. 14, July 12, 2024
A.
				  Scope. These regulations apply to all formal hearings before the Board of
				  Examiners of Nursing Home Administrators. They do not apply to conferences or
				  other informal investigations or proceedings when no formal ruling or decision
				  is made.
B. Charges and Notice of
				  Initial Denial.
(1) If the Board issues
				  charges or a notice of initial denial, the document shall be served upon the
				  respondent.
(2) Service is
				  completed when the document is:
(a) Sent by
				  first-class regular mail;
(b) Sent
				  by certified mail to the address the respondent is required to maintain with
				  the Board; or
(c) Hand delivered in
				  person.
(3) Charges or a
				  notice of initial denial shall:
(a) Inform the
				  respondent of the statutory basis for the charges or denial of
				  licensure;
(b) Allege sufficient
				  facts which the Board believes constitute a basis for:
(i) Violation of the Maryland Nursing Home
				  Administrators Act or COMAR
				  10.33.01.15F;
				  or
(ii) Denial of
				  licensure;
(c) Notify
				  the respondent of any proceedings scheduled before the Board or of an
				  opportunity to request a hearing within a certain period of time and the
				  consequences of failing to appear for those proceedings or to request a
				  hearing; and
(d) Be accompanied by
				  a letter of procedure notifying the respondent of the applicability of the
				  Administrative Procedure Act to the Board's proceedings.
(4) If the respondent has not acknowledged
				  receipt of the charges or notice of initial denial, the Board may nevertheless
				  proceed in prosecuting the case if it has complied with §B(2) of this
				  regulation.
(5) If the Board issues
				  a notice of initial denial to an applicant for a license, the applicant may not
				  withdraw the application without approval of the Board.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.18 - Disclosure for Compelling Public Purpose

Current through Register Vol. 51, No. 14, July 12, 2024
A. The Board may find that a compelling
				  public purpose warrants disclosure of information in a certification,
				  licensing, or investigative file, whether or not there has been a request for
				  the information and may disclose the information under the following
				  circumstances:
(1) The information concerns
				  possible criminal activity and is disclosed to a federal, state, or local law
				  enforcement or prosecutorial official or authority;
(2) The information concerns a possible
				  violation of law and is disclosed to a federal, state, or local authority that
				  has jurisdiction over the individual whose conduct may be a violation and the
				  information disclosed is limited to information relevant to the possible
				  violation by that individual; or
(3) The information concerns conduct by an
				  individual which the Board reasonably believes may pose a risk to the public
				  health, safety, or welfare and is disclosed to a law enforcement authority,
				  administrative official, or agency that regulates the individual, or to a
				  hospital or other health care facility where the individual has
				  privileges.
Code of Maryland Regulations › Title 10 - MARYLAND DEPARTMENT OF HEALTH › Part 4 › Subtitle 33 - BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS › Chapter 10.33.01 - Nursing Home Administrators › Section 10.33.01.19 - Sanctions, Hearings, and Final Order

Current through Register Vol. 51, No. 14, July 12, 2024
A. Surrender of License.
(1) The Board may require conditions for
				  surrender of a license, including:
(a) An
				  admission of a violation of the Maryland Nursing Home Administrators
				  Act;
(b) An admission of
				  facts;
(c) A statement of the
				  circumstances under which the surrender was offered or accepted;
(d) Restrictions on future
				  licensure;
(e) Conditions for
				  reinstatement of the license; or
(f) An agreement that the respondent may not
				  apply for reinstatement of the license.