[(14)] (12) "Bank" means a bank, trust company, savings bank, savings and loan association, or financial institution that is: (a) Authorized to do business in this State; and (b) Insured by the Federal Deposit Insurance Corporation. (13) “Behavioral Health” the condition of an individual’s thoughts, moods, or actions which may be negatively impacted by a brain based disorder such as mental illness, dementia, delirium, addiction, or brain injury. (14) “Case management” means the collaborative process of assessment, planning, implementation, evaluation, coordination, and monitoring of services to meet the physical, functional, and health needs of an individual. (15) "Certified medication technician" means an individual who is certified as a medication technician by the Maryland Board of Nursing under COMAR 10.39.04.02. (16) "Chemical restraint" means the administration of drugs with the intent of significantly curtailing the normal mobility or normal physical activity of a resident in order to protect the resident from injuring the resident or others. (17) Cognitive Impairment. (a) "Cognitive impairment" means the loss of those thought processes that orchestrate relatively simple ideas, movements, or actions into goal-directed behavior. (b) "Cognitive impairment" includes lack of judgment, planning, organization, self-control, and the persistence needed to manage normal demands of the individual's environment. (18) "Common-use telephone" means a telephone: (a) That is within the facility; (b) That is accessible to residents;
(46) “Licensed Registered Dietitian”means an individual who is authorized to practice dietetics under the Health Occupations Article, Title 5, Annotated Code of Maryland and who meets the certifying requirements for registration as administered by the Commission on Dietetic Registration, and who maintains the continuing education requirements of registration. [(45)] (47)"Licensee" means the person, association, partnership, or corporation to whom a license is issued. [(46)] (48) "Management firm" means an organization, under contract with an applicant for a license or a current licensee, that is intended to have or has full responsibility and control over the day-to-day operations of the assisted living program. (49) “Manager” means the individual who is: a Designated by the licensee to oversee the day-to-day operation of the assisted living program; and (b) Responsible for the duties set forth in Regulation of this chapter. (55) “Nursing assessment” means an assessment completed by a registered nurse that: (a) Is comprehensive, systematic, and ongoing; (b) Is the foundation for the analysis of data to determine: (i) Nursing diagnoses; (ii) Expected resident outcomes; and (iii) The resident plan of care;
(c) Includes but is not limited to: (i) Extensive initial and ongoing collection of resident data; (ii) Past history, current health status, and potential changes to the resident’s condition; (iii) Identification of alterations to the resident’s previous condition; and (iv) Synthesis of biological, psychological, spiritual, and social aspects of the resident’s condition. [(51)] (56) Nursing [Overview] Oversight. (a) "Nursing [overview] oversight" means a process by which a registered nurse assures that the health and psychosocial needs of the resident are met. (b) "Nursing [overview] oversight" includes: (i) Observation; (ii) Assessment; (iii) Staff education; and (iv) The development, implementation, and evaluation of a resident's service plan. [(52)] (57) "Occasional" means occurring from time to time, on an infrequent or irregular basis, with no particular pattern. [(53)] (58)"Office of Health Care Quality (OHCQ)" means the Office of Health Care Quality of the Department of Health and Mental Hygiene. [(54)] (59) "Ongoing" means continuing over an extended period of time. (60) “Permanent intravenous access device” means an access device that is not temporary in nature and is secured in place by a means such as suturing or implantation under the skin. [(55)] (61) "Person" means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.
(2) Departmental administrative delays have occurred which: (a) Are beyond the control of the applicant or licensee; and (b) Have prevented the Department from completing its licensure activity. 10.07.14.08 .08 Changes in a Program that Affect the Operating License. A. Increase in Capacity or Name Change. (1) During the license period, a licensee may not increase capacity, change its name, or change the name under which the program is doing business, without the Department's approval. When there is a change of program ownership or a change of location, the licensee shall submit a new application and written request for a new license and an application fee, as established in Regulation .07A(3) of this chapter to the Department. (2) Sale, Transfer, or Lease of a Facility. (a) If a sale, transfer, or lease of a facility causes a change in the person or persons who control or operate the assisted living program, the assisted living program shall be considered a new program and the licensee shall apply for a new license and conform to all regulations applicable at the time of transfer of operations. [(b) The transfer of any stock which results in a change of the person or persons who control the program or the transfer of any stock in excess of 25 percent of the outstanding stock, constitutes a sale.] [(c)] (b) For the purposes of Life Safety Code enforcement the program is considered an existing facility if it has been in continuous use as an assisted living program. (3) The Department shall issue a new license on approval of: (a) [A change in licensure] Licensure capacity;
[(4)] (6) Whenever ownership of an assisted living program is transferred from the person or organization named on the license to another person or organization, the future owner shall apply for a new license[. The future owner shall file an application for a license] at least [45] 60 days before the final transfer. [(5)] (7) The Department issue a new license to a new owner if the new owner meets the requirements for licensure under this chapter. (8) The current licensee shall return its license to the Department by certified mail. [(6)] (9) A licensee named in the original license shall remain responsible for [the] : (a) The operation of the program until a new license is issued to the new owner; and [the current licensee shall remain responsible for] (b) The correction of all outstanding deficiencies or impending sanctions [until a new license is issued to the new owner]. [(7)] (10) If a licensee intends to relocate its program, the licensee shall [apply] : for a new license in time to assure continuity of services to the residents (11) The Secretary shall issue a new license for the new location if the program meets the requirements for licensure under this chapter. [The licensee shall return its original license to the Department by certified mail.] [(8)] (12) In addition to the notice to the Department required by §B of this regulation, after a program closes, the licensee shall: (a) Notify the Department of the date of closure and the of relocation of each resident; and (b) Return all licenses, past and present, to the Department by certified mail. C. Changes to Licensure Information.