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10.33.01.00.htm 10.33.01.00. Title 10 MARYLAND DEPARTMENT OF HEALTH Subtitle 33 BOARD OF EXAMINERS OF NURSING HOME ADMINISTRATORS Chapter 01 Nursing Home Administrators Authority: Health Occupations Article, §1-212, 1-606, and 9-101―9-502; State Government Article, §10-226 and 10-617(h)3) Annotated Code of Maryland
10.33.01.01.htm 10.33.01.01. 01 Source of Authority.. 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.
10.33.01.02.htm 10.33.01.02. 02 Definitions.. A. In this chapter, the following terms have the meanings indicated.. B. Terms Defined.. 1) "Administrator-in-training (AIT) means an individual approved by the Board pursuant to law and these regulations.2) "Administrator-in-training (AIT) program" means the Board-approved program of a minimum of 1 year full-time or 18 months part-time of practical training and experience in nursing home administration.3) "Board" means the Board of Examiners of Nursing
10.33.01.03.htm 10.33.01.03. 03 Board of Examiners; Meetings.. 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.
10.33.01.04.htm 10.33.01.04. 04 Board of Examiners; General Powers.. 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 i
10.33.01.05.htm 10.33.01.05. 05 Board of Examiners; Officers and Duties.. 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;.
10.33.01.06.htm 10.33.01.06. 06 Minimum Requirements for Licensure of Nursing Home Administrators.. 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 accred
10.33.01.07.htm 10.33.01.07. 07 Application for License.. 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 i
10.33.01.08.htm 10.33.01.08. 08 Fees.. 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..
10.33.01.09.htm 10.33.01.09. 09 Subjects for Examination.. 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;.
10.33.01.10.htm 10.33.01.10. 10 Grading Examinations.. 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 n
10.33.01.11.htm 10.33.01.11. 11 Approval of Institutions and Courses of Study.. 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..
10.33.01.12.htm 10.33.01.12. 12 Continuing Education.. 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,
10.33.01.13.htm 10.33.01.13. 13 Administrator-in-Training.. 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, pe
10.33.01.14.htm 10.33.01.14. 14 Certification of Preceptor.. 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 current
10.33.01.15.htm 10.33.01.15. 15 Suspension and Revocation of Licenses.. A. Pursuant to Health Occupations Article, §9-314(b)3) Annotated Code of Maryland, the Board may deny a license or limited license to any applicant, suspend or revoke a license of a nursing home administrator, or reprimand or otherwise discipline an applicant or a licensee after due notice and an opportunity to be heard at a formal hearing, upon evidence that the applicant or licensee:1) Has violated any of the provisions of the law p
10.33.01.16.htm 10.33.01.16. 16 Complaints and Hearing Procedures.. 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:.
10.33.01.17.htm 10.33.01.17. 17 Procedure of Board Hearings.. 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:.
10.33.01.18.htm 10.33.01.18. 18 Disclosure for Compelling Public Purpose.. 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;
10.33.01.19.htm 10.33.01.19. 19 Sanctions, Hearings, and Final Order.. 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.
10.33.01.20.htm 10.33.01.20. 20 Summary Suspension of a License.. A. Pursuant to its authority under State Government Article, §10-226(c) Annotated Code of Maryland, the Board shall order the summary suspension of a license if the Board determines that there is a substantial likelihood that a licensee poses a risk of harm to the public health, safety, or welfare.B. Notice of Intent to Summarily Suspend.. 1) Based on information gathered in an investigation or otherwise provided to the Board, the Board m
10.33.01.21.htm 10.33.01.21. 21 Probation and Violation of Probation Proceedings.. A. If the Board imposes a period of probation as a sanction, the Board may impose conditions of probation which the Board considers appropriate, including but not limited to:1) Re-education or completion of approved courses;. 2) Payment of a fine;. 3) Practicing under supervision;. 4) Monitoring by the Board or by an individual or entity approved by the Board, with periodic reporting to the Board;
10.33.01.22.htm 10.33.01.22. 22 Sanctioning Guidelines.. A. General Application of Sanctioning Guidelines.. 1) After concluding that a licensee has violated a ground for discipline under Health Occupations Article, §9-314(b) Annotated Code of Maryland, or under COMAR 10.33.01.15A, the Board shall determine the applicable sanction range according to the range of sanctions set forth in §B of this regulation. The Board shall then consider the applicable aggravating and mitigating factors, set forth in §C o
10.33.01.23.htm 10.33.01.23. 23 Petitions for Reinstatement of License Following Revocation.. A. In order for a revoked license to be reinstated, the individual whose license was revoked shall petition the Board for reinstatement.B. An individual who petitions the Board for reinstatement following the revocation of his or her license may petition for reinstatement only pursuant to the terms of the Board’s order revoking the license. The Board may set conditions precedent and a time period for petitio
10.33.01.24.htm 10.33.01.24. 24 Fines.. A. This chapter establishes the standards by which the Board may impose a fine not exceeding:. 1) $1,000 for a first offense; or. 2) $5,000 for any subsequent violation of the same provision.. B. After a hearing under Health Occupations Article, §9-314, Annotated Code of Maryland, and COMAR 10.33.01.15, the Board may impose a fine, in addition to, or instead of:1) Reprimanding a licensee;. 2) Placing a licensee on probation; or. 3) Suspending or revoking a license..
10.33.01.25.htm 10.33.01.25. 25 Reciprocity.. The Board in its discretion, and otherwise subject to the laws pertaining to the licensing of nursing home administrators prescribing the qualification for a nursing home administrator license, may endorse, without retaking the national examination, a nursing home administrator license issued by the proper authorities of any other state, upon payment of the fee and upon submission of evidence satisfactory to the Board that the:A. Other state maintains
10.33.01.26.htm 10.33.01.26. 26 Restoration and Reinstatement of Licenses.. A. A license may be restored after a period of 2 years after revocation by the Board, in its discretion, upon submission of evidence satisfactory to the Board that the applicant for the restoration of the license has removed the disability causing the revocation.B. Upon application for restoration of a license, the Board, in its discretion, may grant the applicant a formal hearing after notice.
10.33.01.27.htm 10.33.01.27. 27 Display of Licenses and Renewal Certificates.. Each person licensed as a nursing home administrator shall display a license certificate and license card, or license renewal card in a conspicuous place in the office or place of business or employment of the licensee.
10.33.01.28.htm 10.33.01.28. 28 Duplicate Licenses.. Upon receipt of satisfactory evidence that the license certificate, license card, or license renewal card has been lost, mutilated, or destroyed, the Board may issue a duplicate license certificate, license card, or license renewal card upon any conditions as the Board may prescribe, and upon payment of an appropriate fee established by the Board in Regulation .08 of this chapter.
10.33.01.29.htm 10.33.01.29. 29 Applicability, Legal Effect, Severability.. A. Every regulation, order, and directive adopted by the Board shall state the date upon which the Board proposes that it take effect, and a copy signed by the Chairman and the Executive Director of the Board shall be filed as a public record in the Board office and as required by the Administrative Procedure Act.B. If any provision of these regulations is declared unconstitutional or invalid, or the application of these regulations to
10.33.01.9999.htm 10.33.01.9999. Administrative History Effective date: July 15, 1971. Regulations .01, .02, .06, .08, .10A, .13, .14, .15, .16, and .24 amended effective January 22, 1975 (2:2 Md. R. 86)Regulations .01―24 repealed effective December 15, 1986 (13:25 Md. R. 2260) Annotation: COMAR 10.33.01.07 cited in Attorney General Opinion No. 85-030 (December 13, 1985) ―Regulations .01―22 adopted effective December 15, 1986 (13:25 Md. R. 2660). Regulation .02 amended effective April 1, 2002 (29:6 Md. R. 567).
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