10.07.05.10

.10 Employee, Independent Contractor, and Contractual Employee Requirements.

A. An agency shall develop and implement policies and procedures to screen a prospective employee, independent contractor, or contractual employee who will provide services to clients.

B. Screening.

(1) Screening shall include:

(a) A State criminal history records check or a private agency background check as required under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland;

(b) Verification of current professional licensure or certification under Health Occupations Article, Annotated Code of Maryland;

(c) A basic health screening, including tuberculosis screening;

(d) Verification of references;

(e) Verification of employment history;

(f) Completion of I-9 forms for employment;

(g) Verification of identity and employment eligibility of an employee, independent contractor, or contractual employee;

(h) An in-person interview of an employee, independent contractor, or contractual employee before the individual is referred to clients; and

(i) Completion of a skills assessment and demonstration before client referral.

(2) An agency shall retain records of training in the personnel file.

C. An agency shall maintain records of information described in §B of this regulation for each employee, independent contractor, or contractual employee and retain the information in the agency’s business office.

D. An agency may not knowingly provide or refer a caregiver who is not certified to provide services to a client unless the client:

(1) Does not require the caregiver to provide assistance with activities of daily living;

(2) Only requires assistance with activities of daily living and in the judgment of the supervising nurse, there are no predictable adverse health consequences; or

(3) Signs a waiver of skilled services form as required under Regulation .12D of this chapter.

E. An agency shall provide or refer a certified caregiver to a client who requires:

(1) A certified caregiver to perform activities of daily living; or

(2) Administration of medication.

F. If an agency is aware of an action or inaction by an individual who is provided or referred by the agency that may be grounds for action under Health Occupations Article, §§8-316 and 8-6A-10, Annotated Code of Maryland, the agency shall report the action or condition to the Board of Nursing and the Office of Health Care Quality immediately when the action or condition is known by the agency.

G. A nursing administrator, a registered nurse, a licensed practical nurse, and a certified nursing assistant shall have immunity from liability as described in Courts and Judicial Proceedings Article, §5-709, Annotated Code of Maryland, for making a report to the Board of Nursing as required under §F of this regulation. Other persons are entitled to the immunity from liability as described in the Courts and Judicial Proceedings Article, §5-708, Annotated Code of Maryland, for making a report to the Board of Nursing as required under §F of this regulation.

H. Use of Subcontract Agencies. If an agency subcontracts with another licensed agency to provide services, the subcontracting agency shall:

(1) Verify personnel information outlined in §B of this regulation; and

(2) Submit evidence to the contracting agency that verification has occurred.