MD
Maryland House Bill HB218

Maryland 2022 Regular Session

Maryland House Bill HB218 Compare Versions

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1- LAWRENCE J. HOGAN, JR., Governor Ch. 681
21
3-– 1 –
4-Chapter 681
5-(House Bill 218)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *hb0218*
89
9-Health Occupations – Nursing – Dialysis Technicians
10+HOUSE BILL 218
11+J2 2lr1480
1012
11-FOR the purpose of establishing the separate category of certified dialysis technicians to
12-be certified by the State Board of Nursing; repealing the requirement that a dialysis
13-technician be a certified nursing assistant except under certain circumstances;
14-altering the composition of the Board advisory committee; authorizing the Board to
15-conduct site visits of certified dialysis technician training programs; and generally
16-relating to dialysis technicians.
13+By: Delegate Kelly
14+Introduced and read first time: January 13, 2022
15+Assigned to: Health and Government Operations
16+Committee Report: Favorable with amendments
17+House action: Adopted
18+Read second time: February 22, 2022
1719
18-BY repealing and reenacting, with amendments,
19- Article – Health Occupations
20-Section 8–205(a)(2), 8–208(a), (j), and (m), 8–510(a); 8–6A–01, 8–6A–02(a) and (b),
21-8–6A–03(c), 8–6A–04 through 8–6A–10, 8–6A–12, 8–6A–13(a) and (b),
22-8–6A–14.1, 8–6A–15, and 8–6A–15 to be under the amended subtitle “Subtitle
23-6A. Certification of Nursing Assistants, Dialysis Technicians, and Medication
24-Technicians”; and 8–701(h) and (i), and 8–703(a)(4)
25- Annotated Code of Maryland
26- (2021 Replacement Volume)
20+CHAPTER ______
2721
28-BY repealing and reenacting, without amendments,
29- Article – Health Occupations
30-Section 8–208(b)(1) and 8–6A–02(b)
31- Annotated Code of Maryland
32- (2021 Replacement Volume)
22+AN ACT concerning 1
3323
34-BY adding to
35- Article – Health Occupations
36-Section 8–6A–02(e), 8–6A–03(c), 8–701(h), 8–703(j), 8–705(f), and 8–706(h)
37- Annotated Code of Maryland
38- (2021 Replacement Volume)
24+Health Occupations – Nursing – Dialysis Technicians 2
3925
40- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
41-That the Laws of Maryland read as follows:
26+FOR the purpose of establishing the separate category of certified dialysis technicians to 3
27+be certified by the State Board of Nursing; repealing the requirement that a dialysis 4
28+technician be a certified nursing assistant except under certain circumstances; 5
29+altering the composition of the Board advisory committee; authorizing the Board to 6
30+conduct site visits of certified dialysis technician training programs; and generally 7
31+relating to dialysis technicians. 8
4232
43-Article – Health Occupations
33+BY repealing and reenacting, with amendments, 9
34+ Article – Health Occupations 10
35+Section 8–205(a)(2), 8–208(a), (j), and (m), 8–510(a); 8–6A–01, 8–6A–02(a) and (b), 11
36+8–6A–03(c), 8–6A–04 through 8–6A–10, 8–6A–12, 8–6A–13(a) and (b), 12
37+8–6A–14.1, 8–6A–15, and 8–6A–15 to be under the amended subtitle “Subtitle 13
38+6A. Certification of Nursing Assistants, Dialysis Technicians, and Medication 14
39+Technicians”; and 8–701(h) and (i), and 8–703(a)(4) 15
40+ Annotated Code of Maryland 16
41+ (2021 Replacement Volume) 17
4442
45-8–205.
43+BY repealing and reenacting, without amendments, 18
44+ Article – Health Occupations 19
45+Section 8–208(b)(1) and 8–6A–02(b) 20
46+ Annotated Code of Maryland 21
47+ (2021 Replacement Volume) 22
48+ 2 HOUSE BILL 218
4649
47- (a) In addition to the powers and duties set forth elsewhere in this title, the Board
48-has the following powers and duties:
49- Ch. 681 2022 LAWS OF MARYLAND
5050
51-– 2 –
52- (2) To set standards for the practice of registered nursing, advanced
53-practice registered nursing, licensed practical nursing, certified nursing assistants,
54-CERTIFIED DIALYSIS T ECHNICIANS, certified medication technicians, electrology,
55-direct–entry midwifery, and certified midwifery;
51+BY adding to 1
52+ Article – Health Occupations 2
53+Section 8–6A–02(e), 8–6A–03(c), 8–701(h), 8–703(j), 8–705(f), and 8–706(h) 3
54+ Annotated Code of Maryland 4
55+ (2021 Replacement Volume) 5
5656
57-8–208.
57+ SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 6
58+That the Laws of Maryland read as follows: 7
5859
59- (a) (1) In this section the following words have the meanings indicated.
60+Article – Health Occupations 8
6061
61- (2) “Applicant” means an individual who has submitted an application to
62-the Board to be licensed as a registered nurse, licensed practical nurse, electrologist,
63-licensed direct–entry midwife, or licensed certified midwife or to be certified as an advanced
64-practice registered nurse, a nursing assistant, A DIALYSIS TECHNICIA N, or A medication
65-technician in this State.
62+8–205. 9
6663
67- (3) “Participant” means a registered nurse, an advanced practice
68-registered nurse, a licensed practical nurse, a nursing assistant, a medication technician,
69-an electrologist, a licensed direct–entry midwife, a licensed certified midwife, A CERTIFIED
70-DIALYSIS TECHNICIAN , or an applicant enrolled in the safe practice program.
64+ (a) In addition to the powers and duties set forth elsewhere in this title, the Board 10
65+has the following powers and duties: 11
7166
72- (4) “Program” means the safe practice program.
67+ (2) To set standards for the practice of registered nursing, advanced 12
68+practice registered nursing, licensed practical nursing, certified nursing assistants, 13
69+CERTIFIED DIALYSIS T ECHNICIANS, certified medication technicians, electrology, 14
70+direct–entry midwifery, and certified midwifery; 15
7371
74- (5) “Substance use disorder” means a disorder that occurs when an
75-individual exhibits a pattern of behaviors ranging from the misuse of, dependence on, or
76-addiction to drugs, alcohol, or other chemicals.
72+8–208. 16
7773
78- (b) (1) There is a Safe Practice Committee in the Board.
74+ (a) (1) In this section the following words have the meanings indicated. 17
7975
80- (j) In addition to the powers set forth elsewhere in this subtitle, the Committee
81-may:
76+ (2) “Applicant” means an individual who has submitted an application to 18
77+the Board to be licensed as a registered nurse, licensed practical nurse, electrologist, 19
78+licensed direct–entry midwife, or licensed certified midwife or to be certified as an advanced 20
79+practice registered nurse, a nursing assistant, A DIALYSIS TECHNICIA N, or A medication 21
80+technician in this State. 22
8281
83- (1) Evaluate those registered nurses, advanced practice registered nurses,
84-licensed practical nurses, nursing assistants, medication technicians, electrologists,
85-licensed direct–entry midwives, licensed certified midwives, CERTIFIED DIALYSIS
86-TECHNICIANS, or applicants who request participation in the program according to the
87-guidelines prescribed by the Board and consider the recommendations for admission into
88-the program;
82+ (3) “Participant” means a registered nurse, an advanced practice 23
83+registered nurse, a licensed practical nurse, a nursing assistant, a medication technician, 24
84+an electrologist, a licensed direct–entry midwife, a licensed certified midwife, A CERTIFIED 25
85+DIALYSIS TECHNICIAN , or an applicant enrolled in the safe practice program. 26
8986
90- (2) Receive and review information concerning a participant in the
91-program;
87+ (4) “Program” means the safe practice program. 27
9288
93- (3) Consider in the case of each participant whether the participant may
94-safely continue or resume to practice or qualify for licensure or certification to practice; and
89+ (5) “Substance use disorder” means a disorder that occurs when an 28
90+individual exhibits a pattern of behaviors ranging from the misuse of, dependence on, or 29
91+addiction to drugs, alcohol, or other chemicals. 30
9592
96- (4) Have meetings as necessary to consider the requests of registered
97-nurses, advanced practice registered nurses, licensed practical nurses, nursing assistants, LAWRENCE J. HOGAN, JR., Governor Ch. 681
93+ (b) (1) There is a Safe Practice Committee in the Board. 31
9894
99-– 3 –
100-medication technicians, electrologists, licensed direct–entry midwives, licensed certified
101-midwives, CERTIFIED DIALYSIS T ECHNICIANS, or applicants to participate in the
102-program, and consider reports regarding participants.
95+ (j) In addition to the powers set forth elsewhere in this subtitle, the Committee 32
96+may: 33
97+ HOUSE BILL 218 3
10398
104- (m) (1) Each licensee, certificate holder, or applicant who requests to
105-participate in the program shall agree to cooperate with the individual plan or agreement
106-designed by the Committee.
10799
108- (2) Any failure to comply with the conditions of a plan or agreement may
109-result in the participant being expelled from the program.
100+ (1) Evaluate those registered nurses, advanced practice registered nurses, 1
101+licensed practical nurses, nursing assistants, medication technicians, electrologists, 2
102+licensed direct–entry midwives, licensed certified midwives, CERTIFIED DIALYSIS 3
103+TECHNICIANS, or applicants who request participation in the program according to the 4
104+guidelines prescribed by the Board and consider the recommendations for admission into 5
105+the program; 6
110106
111- (3) (i) The Committee shall report to the Board the name and license
112-number of a registered nurse, licensed practical nurse, electrologist, licensed direct–entry
113-midwife, or licensed certified midwife, the name and certificate number of an advanced
114-practice registered nurse, a nursing assistant, [or] A medication technician, OR A
115-CERTIFIED DIALYSIS T ECHNICIAN, or the name of an applicant who is expelled from the
116-program for failure to comply with the conditions of a plan or agreement.
107+ (2) Receive and review information concerning a participant in the 7
108+program; 8
117109
118- (ii) The program shall transfer to the Board all records of any
119-participant expelled from the program.
110+ (3) Consider in the case of each participant whether the participant may 9
111+safely continue or resume to practice or qualify for licensure or certification to practice; and 10
120112
121- (4) If a participant is expelled from the program, the Board may:
113+ (4) Have meetings as necessary to consider the requests of registered 11
114+nurses, advanced practice registered nurses, licensed practical nurses, nursing assistants, 12
115+medication technicians, electrologists, licensed direct–entry midwives, licensed certified 13
116+midwives, CERTIFIED DIALYSIS T ECHNICIANS, or applicants to participate in the 14
117+program, and consider reports regarding participants. 15
122118
123- (i) Initiate disciplinary action in accordance with the provisions of
124-§§ 8–316 and 8–317, §§ 8–6A–10 and 8–6A–10.1, §§ 8–6B–18 and 8–6B–19, § 8–6C–20, or
125-§ 8–6D–10 of this title; and
119+ (m) (1) Each licensee, certificate holder, or applicant who requests to 16
120+participate in the program shall agree to cooperate with the individual plan or agreement 17
121+designed by the Committee. 18
126122
127- (ii) Summarily suspend the license or certificate of any licensee or
128-certificate holder in accordance with Title 10, Subtitle 2 of the State Government Article.
123+ (2) Any failure to comply with the conditions of a plan or agreement may 19
124+result in the participant being expelled from the program. 20
129125
130-8–510.
126+ (3) (i) The Committee shall report to the Board the name and license 21
127+number of a registered nurse, licensed practical nurse, electrologist, licensed direct–entry 22
128+midwife, or licensed certified midwife, the name and certificate number of an advanced 23
129+practice registered nurse, a nursing assistant, [or] A medication technician, OR A 24
130+CERTIFIED DIALYSIS T ECHNICIAN, or the name of an applicant who is expelled from the 25
131+program for failure to comply with the conditions of a plan or agreement. 26
131132
132- (a) The Board may conduct a demonstration study to evaluate a proposed change
133-to regulations regarding nursing practices or the activities of nursing assistants, DIALYSIS
134-TECHNICIANS , or medication technicians in a practice setting.
133+ (ii) The program shall transfer to the Board all records of any 27
134+participant expelled from the program. 28
135135
136-Subtitle 6A. Certification of Nursing Assistants, DIALYSIS TECHNICIANS, and
137-Medication Technicians.
136+ (4) If a participant is expelled from the program, the Board may: 29
138137
139-8–6A–01.
138+ (i) Initiate disciplinary action in accordance with the provisions of 30
139+§§ 8–316 and 8–317, §§ 8–6A–10 and 8–6A–10.1, §§ 8–6B–18 and 8–6B–19, § 8–6C–20, or 31
140+§ 8–6D–10 of this title; and 32
140141
141- (a) In this subtitle the following words have the meanings indicated.
142+ (ii) Summarily suspend the license or certificate of any licensee or 33
143+certificate holder in accordance with Title 10, Subtitle 2 of the State Government Article. 34
142144
143- (b) “Applicant” means, unless the context requires otherwise:
144- Ch. 681 2022 LAWS OF MARYLAND
145+8–510. 35
146+ 4 HOUSE BILL 218
145147
146-– 4 –
147- (1) An individual applying for an initial certificate by examination or
148-endorsement;
149148
150- (2) A certificate holder applying for renewal of a certificate; or
149+ (a) The Board may conduct a demonstration study to evaluate a proposed change 1
150+to regulations regarding nursing practices or the activities of nursing assistants, DIALYSIS 2
151+TECHNICIANS, or medication technicians in a practice setting. 3
151152
152- (3) An individual applying for reinstatement of a certificate in accordance
153-with § 8–6A–10 of this subtitle.
153+Subtitle 6A. Certification of Nursing Assistants, DIALYSIS TECHNICIANS, and 4
154+Medication Technicians. 5
154155
155- (C) (1) “APPROVED DIALYSIS TEC HNICIAN TRAINING PRO GRAM” MEANS
156-A COURSE OF TRAINING APPROVED BY THE BOARD THAT PREPARES:
156+8–6A–01. 6
157157
158- (I) PREPARES THE APPLICANT FOR NA TIONAL CERTIFICATION
159-AND THAT MEETS ;
158+ (a) In this subtitle the following words have the meanings indicated. 7
160159
161- (II) MEETS THE REQUIREMENTS OF 42 C.F.R. § 494.140(E)(3);
162-AND
160+ (b) “Applicant” means, unless the context requires otherwise: 8
163161
164- (III) MEETS THE REQUIREMENT S SET BY THE BOARD IN
165-REGULATION .
162+ (1) An individual applying for an initial certificate by examination or 9
163+endorsement; 10
166164
167- (2) “APPROVED DIALYSIS TEC HNICIAN TRAINING PRO GRAM”
168-INCLUDES THE COURSES REQUIRED FOR NATIONAL CERTIFICATION AS :
165+ (2) A certificate holder applying for renewal of a certificate; or 11
169166
170- (I) A CERTIFIED CLINICAL HEMODIALYSIS TECHNICIAN BY
171-THE NEPHROLOGY NURSING CERTIFICATION COMMISSION;
167+ (3) An individual applying for reinstatement of a certificate in accordance 12
168+with § 8–6A–10 of this subtitle. 13
172169
173- (II) A CLINICAL NEPHROLOGY TECHNICIAN BY THE NATIONAL
174-NEPHROLOGY CERTIFICATION ORGANIZATION ; OR
170+ (C) (1) “APPROVED DIALYSIS TEC HNICIAN TRAINING PRO GRAM” MEANS 14
171+A COURSE OF TRAINING APPROVED BY THE BOARD THAT PREPARES: 15
175172
176- (III) A CERTIFIED HEMODIALYSIS TECHNICIAN BY THE BOARD
177-OF NEPHROLOGY EXAMINERS NURSING TECHNOLOGY .
173+ (I) PREPARES THE APPLICANT FOR NA TIONAL CERTIFICATION 16
174+AND THAT MEETS ; 17
178175
179- [(c)] (D) “Approved medication technician training program” means a course of
180-training approved by the Board that meets the basic medication technician core curriculum
181-and the medication technician content training specific to the setting in which the
182-medication technician will work.
176+ (II) MEETS THE REQUIREMENTS OF 42 C.F.R. § 494.140(E)(3); 18
177+AND 19
183178
184- [(d)] (E) “Approved nursing assistant training program” means a course of
185-training that meets the basic nursing assistant curriculum prescribed and approved by the
186-Board.
179+ (III) MEETS THE REQUIREMENT S SET BY THE BOARD IN 20
180+REGULATION . 21
187181
188- [(e)] (F) “Board” means the State Board of Nursing.
189- LAWRENCE J. HOGAN, JR., Governor Ch. 681
182+ (2) “APPROVED DIALYSIS TEC HNICIAN TRAINING PRO GRAM” 22
183+INCLUDES THE COURSES REQUIRED FOR NATIONAL CERTIFICATION AS : 23
190184
191-– 5 –
192- [(f)] (G) “Certificate” means a certificate issued by the Board to practice as a
193-certified nursing assistant, A CERTIFIED DIALYSIS TECHNICIAN, or a certified medication
194-technician in the State.
185+ (I) A CERTIFIED CLINICAL HEMODIALYSIS TECHNICIAN BY 24
186+THE NEPHROLOGY NURSING CERTIFICATION COMMISSION; 25
195187
196- [(g)] (H) “Certificate holder” means a certified nursing assistant, DIALYSIS
197-TECHNICIAN, or medication technician who has:
188+ (II) A CLINICAL NEPHROLOGY TECHNICIAN BY THE NATIONAL 26
189+NEPHROLOGY CERTIFICATION ORGANIZATION; OR 27
198190
199- (1) An active certificate;
191+ (III) A CERTIFIED HEMODIALYSIS TECHNICIAN BY THE BOARD 28
192+OF NEPHROLOGY EXAMINERS NURSING TECHNOLOGY . 29
193+ HOUSE BILL 218 5
200194
201- (2) An inactive certificate;
202195
203- (3) A temporary certificate;
196+ [(c)] (D) “Approved medication technician training program” means a course of 1
197+training approved by the Board that meets the basic medication technician core curriculum 2
198+and the medication technician content training specific to the setting in which the 3
199+medication technician will work. 4
204200
205- (4) An expired temporary certificate;
201+ [(d)] (E) “Approved nursing assistant training program” means a course of 5
202+training that meets the basic nursing assistant curriculum prescribed and approved by the 6
203+Board. 7
206204
207- (5) An expired certificate;
205+ [(e)] (F) “Board” means the State Board of Nursing. 8
208206
209- (6) A lapsed certificate;
207+ [(f)] (G) “Certificate” means a certificate issued by the Board to practice as a 9
208+certified nursing assistant, A CERTIFIED DIALYSIS TECHNICIAN, or a certified medication 10
209+technician in the State. 11
210210
211- (7) A suspended certificate; or
211+ [(g)] (H) “Certificate holder” means a certified nursing assistant, DIALYSIS 12
212+TECHNICIAN, or medication technician who has: 13
212213
213- (8) A certificate subject to a reprimand, probation, or suspension.
214+ (1) An active certificate; 14
214215
215- (I) “CERTIFIED DIALYSIS TE CHNICIAN” MEANS AN INDIVIDUAL WHO:
216+ (2) An inactive certificate; 15
216217
217- (1) HAS COMPLETED A BOARD–APPROVED DIALYSIS TE CHNICIAN
218-PROGRAM; AND
218+ (3) A temporary certificate; 16
219219
220- (2) IS CERTIFIED BY THE BOARD AS A DIALYSIS T ECHNICIAN.
220+ (4) An expired temporary certificate; 17
221221
222- [(h)] (J) “Certified medication technician” means an individual who:
222+ (5) An expired certificate; 18
223223
224- (1) Has completed a Board–approved medication technician training
225-program; and
224+ (6) A lapsed certificate; 19
226225
227- (2) Is certified by the Board as a medication technician.
226+ (7) A suspended certificate; or 20
228227
229- [(i)] (K) “Certified medicine aide” means a certified nursing assistant who has
230-completed a Board–approved course in medication administration.
228+ (8) A certificate subject to a reprimand, probation, or suspension. 21
231229
232- [(j)] (L) “Certified nursing assistant”:
230+ (I) “CERTIFIED DIALYSIS TE CHNICIAN” MEANS AN INDIVIDUAL WHO: 22
233231
234- (1) Means an individual regardless of title who routinely performs nursing
235-tasks delegated by a registered nurse or licensed practical nurse for compensation; and
236- Ch. 681 2022 LAWS OF MARYLAND
232+ (1) HAS COMPLETED A BOARD–APPROVED DIALYSIS TE CHNICIAN 23
233+PROGRAM; AND 24
237234
238-– 6 –
239- (2) Does not include a CERTIFIED DIALYSIS T ECHNICIAN OR A certified
240-medication technician.
235+ (2) IS CERTIFIED BY THE BOARD AS A DIALYSIS T ECHNICIAN. 25
241236
242- [(k)] (M) “Department” means the Maryland Department of Health.
237+ [(h)] (J) “Certified medication technician” means an individual who: 26
243238
244- [(l)] (N) “Expired certificate” means a certificate that was not renewed before
245-the expiration date of the certificate as established under § 8–6A–08(a) of this title.
239+ (1) Has completed a Board–approved medication technician training 27
240+program; and 28
241+ 6 HOUSE BILL 218
246242
247- [(m)] (O) “Geriatric nursing assistant” means a certified nursing assistant who
248-has successfully completed the requirements for geriatric nursing assistant mandated
249-under federal law and the regulations of the Board.
250243
251- [(n)] (P) “Lapsed certificate” means a certificate that was not renewed because
252-a certificate holder failed to renew the certificate or otherwise did not meet the renewal
253-requirements of this subtitle.
244+ (2) Is certified by the Board as a medication technician. 1
254245
255-8–6A–02.
246+ [(i)] (K) “Certified medicine aide” means a certified nursing assistant who has 2
247+completed a Board–approved course in medication administration. 3
256248
257- (a) Except SUBJECT TO SUBSECTION (E) OF THIS SECTION AND EXCEPT as
258-otherwise provided in this subtitle, an individual shall be certified by the Board to practice
259-as a nursing assistant, DIALYSIS TECHNICIAN , or medication technician before the
260-individual may practice as a nursing assistant, DIALYSIS TECHNICIAN , or medication
261-technician in the State.
249+ [(j)] (L) “Certified nursing assistant”: 4
262250
263- (b) This subtitle does not apply to an individual who:
251+ (1) Means an individual regardless of title who routinely performs nursing 5
252+tasks delegated by a registered nurse or licensed practical nurse for compensation; and 6
264253
265- (1) Practices a health occupation that the individual is authorized to
266-practice under this article;
254+ (2) Does not include a CERTIFIED DIALYSIS T ECHNICIAN OR A certified 7
255+medication technician. 8
267256
268- (2) Provides for the gratuitous care of friends, domestic partners, or family
269-members;
257+ [(k)] (M) “Department” means the Maryland Department of Health. 9
270258
271- (3) Performs nursing assistant tasks while a nursing student enrolled in
272-an accredited nursing program and practicing under the direct supervision of qualified
273-faculty or preceptors;
259+ [(l)] (N) “Expired certificate” means a certificate that was not renewed before 10
260+the expiration date of the certificate as established under § 8–6A–08(a) of this title. 11
274261
275- (4) Performs nursing assistant tasks as a student while:
262+ [(m)] (O) “Geriatric nursing assistant” means a certified nursing assistant who 12
263+has successfully completed the requirements for geriatric nursing assistant mandated 13
264+under federal law and the regulations of the Board. 14
276265
277- (i) Enrolled in a Board–approved nursing assistant training
278-program; and
266+ [(n)] (P) “Lapsed certificate” means a certificate that was not renewed because 15
267+a certificate holder failed to renew the certificate or otherwise did not meet the renewal 16
268+requirements of this subtitle. 17
279269
280- (ii) Practicing under the direct supervision of qualified faculty or
281-preceptors;
282- LAWRENCE J. HOGAN, JR., Governor Ch. 681
270+8–6A–02. 18
283271
284-– 7 –
285- (5) Performs medication technician tasks as a student while practicing
286-under the direct supervision of qualified faculty; or
272+ (a) Except SUBJECT TO SUBSECTION (E) OF THIS SECTION AND EXCEPT as 19
273+otherwise provided in this subtitle, an individual shall be certified by the Board to practice 20
274+as a nursing assistant, DIALYSIS TECHNICIAN , or medication technician before the 21
275+individual may practice as a nursing assistant, DIALYSIS TECHNICIAN , or medication 22
276+technician in the State. 23
287277
288- (6) PERFORMS DIALYSIS TEC HNICIAN TASKS AS A S TUDENT WHILE
289-UNDER THE DIRECT SUP ERVISION OF QUALIFIE D FACULTY; OR
278+ (b) This subtitle does not apply to an individual who: 24
290279
291- (6) (7) Works as a principal or school secretary, does not administer
292-medication as a routine part of the position, and has completed training by the delegating
293-nurse for the occasion where the individual may need to administer medication in the
294-absence of the nurse or medication technician.
280+ (1) Practices a health occupation that the individual is authorized to 25
281+practice under this article; 26
295282
296- (E) AN INDIVIDUAL SHALL B E CERTIFIED BY THE BOARD TO PRACTICE AS A
297-NURSING ASSISTANT AN D AS A DIALYSIS TECH NICIAN BEFORE THE IN DIVIDUAL MAY
298-PRACTICE AS A DIALYS IS TECHNICIAN IN A STATE–OWNED HOSPITAL OR
299-STATE–OWNED FACILITY.
283+ (2) Provides for the gratuitous care of friends, domestic partners, or family 27
284+members; 28
300285
301-8–6A–03.
286+ (3) Performs nursing assistant tasks while a nursing student enrolled in 29
287+an accredited nursing program and practicing under the direct supervision of qualified 30
288+faculty or preceptors; 31
289+ HOUSE BILL 218 7
302290
303- (C) AN INDIVIDUAL SHALL B E CERTIFIED AS A DIA LYSIS TECHNICIAN BY
304-THE BOARD BEFORE THE INDI VIDUAL MAY:
305291
306- (1) USE THE TITLE “CERTIFIED DIALYSIS T ECHNICIAN”;
292+ (4) Performs nursing assistant tasks as a student while: 1
307293
308- (2) USE THE INITIALS “C.D.T.” AFTER THE NAME OF TH E
309-INDIVIDUAL; OR
294+ (i) Enrolled in a Board–approved nursing assistant training 2
295+program; and 3
310296
311- (3) REPRESENT TO THE PUBL IC THAT THE INDIVIDU AL IS A
312-CERTIFIED DIALYSIS T ECHNICIAN.
297+ (ii) Practicing under the direct supervision of qualified faculty or 4
298+preceptors; 5
313299
314- [(c)] (D) An individual may not practice, attempt to practice, or offer to practice
315-as a CERTIFIED DIALYSIS T ECHNICIAN OR A certified medication technician without
316-certification from the Board.
300+ (5) Performs medication technician tasks as a student while practicing 6
301+under the direct supervision of qualified faculty; or 7
317302
318-8–6A–04.
303+ (6) PERFORMS DIALYSIS TEC HNICIAN TASKS AS A S TUDENT WHILE 8
304+UNDER THE DIRECT SUP ERVISION OF QUALIFIED FACULTY ; OR 9
319305
320- (a) (1) The Board shall set reasonable fees for the issuance and renewal of
321-certificates and other services it provides to certified nursing assistants, CERTIFIED
322-DIALYSIS TECHNICIANS , and certified medication technicians.
306+ (6) (7) Works as a principal or school secretary, does not administer 10
307+medication as a routine part of the position, and has completed training by the delegating 11
308+nurse for the occasion where the individual may need to administer medication in the 12
309+absence of the nurse or medication technician. 13
323310
324- (2) The fees charged shall be set to produce funds to approximate the cost
325-of maintaining the certification program and the other services provided to certified
326-nursing assistants, CERTIFIED DIALYSIS T ECHNICIANS, and certified medication
327-technicians.
328- Ch. 681 2022 LAWS OF MARYLAND
311+ (E) AN INDIVIDUAL SHALL B E CERTIFIED BY THE BOARD TO PRACTICE AS A 14
312+NURSING ASSISTANT AN D AS A DIALYSIS TECH NICIAN BEFORE THE IN DIVIDUAL MAY 15
313+PRACTICE AS A DIALYS IS TECHNICIAN IN A STATE–OWNED HOSPITAL OR 16
314+STATE–OWNED FACILITY . 17
329315
330-– 8 –
331- (b) (1) The Board shall pay all fees collected under the provisions of this
332-subtitle to the Comptroller of the State.
316+8–6A–03. 18
333317
334- (2) The Comptroller shall distribute all the fees to the State Board of
335-Nursing Fund established under § 8–206 of this title.
318+ (C) AN INDIVIDUAL SHALL B E CERTIFIED AS A DIA LYSIS TECHNICIAN BY 19
319+THE BOARD BEFORE THE INDI VIDUAL MAY: 20
336320
337-8–6A–05.
321+ (1) USE THE TITLE “CERTIFIED DIALYSIS T ECHNICIAN”; 21
338322
339- (a) The Board shall adopt regulations establishing:
323+ (2) USE THE INITIALS “C.D.T.” AFTER THE NAME OF TH E 22
324+INDIVIDUAL; OR 23
340325
341- (1) Categories of certified nursing assistants, including geriatric nursing
342-assistants, home health aides, school health aides, [dialysis technicians,] individuals
343-working in developmental disabilities administration facilities, and medicine aides;
326+ (3) REPRESENT TO THE PUBL IC THAT THE INDIVIDU AL IS A 24
327+CERTIFIED DIALYSIS T ECHNICIAN. 25
344328
345- (2) Qualifications for each category of certified nursing assistant;
329+ [(c)] (D) An individual may not practice, attempt to practice, or offer to practice 26
330+as a CERTIFIED DIA LYSIS TECHNICIAN OR A certified medication technician without 27
331+certification from the Board. 28
346332
347- (3) QUALIFICATIONS FOR CE RTIFIED DIALYSIS TEC HNICIANS;
333+8–6A–04. 29
334+ 8 HOUSE BILL 218
348335
349- [(3)] (4) Qualifications for certified medication technicians; and
350336
351- [(4)] (5) Standards for qualification of applicants for certification,
352-including the applicant’s criminal history, work record, and prohibitions against behavior
353-which may be potentially harmful to patients.
337+ (a) (1) The Board shall set reasonable fees for the issuance and renewal of 1
338+certificates and other services it provides to certified nursing assistants, CERTIFIED 2
339+DIALYSIS TECHNICIANS , and certified medication technicians. 3
354340
355- (b) To qualify for certification as a nursing assistant, a nursing assistant in a
356-specific category, A DIALYSIS TECHNICIA N, or a medication technician, an applicant shall
357-meet the requirements set by the Board.
341+ (2) The fees charged shall be set to produce funds to approximate the cost 4
342+of maintaining the certification program and the other services provided to certified 5
343+nursing assistants, CERTIFIED DIALYSIS T ECHNICIANS, and certified medication 6
344+technicians. 7
358345
359- (c) (1) An applicant for a certificate shall:
346+ (b) (1) The Board shall pay all fees collected under the provisions of this 8
347+subtitle to the Comptroller of the State. 9
360348
361- (i) Submit an application to the Board on the form that the Board
362-requires;
349+ (2) The Comptroller shall distribute all the fees to the State Board of 10
350+Nursing Fund established under § 8–206 of this title. 11
363351
364- (ii) Provide evidence, as required by the Board, of successful
365-completion of:
352+8–6A–05. 12
366353
367- 1. An approved nursing assistant training program;
354+ (a) The Board shall adopt regulations establishing: 13
368355
369- 2. AN APPROVED DIALYSIS TECHNICIAN TRAINING
370-PROGRAM;
356+ (1) Categories of certified nursing assistants, including geriatric nursing 14
357+assistants, home health aides, school health aides, [dialysis technicians,] individuals 15
358+working in developmental disabilities administration facilities, and medicine aides; 16
371359
372- [2.] 3. An approved course in medication administration; or
373- LAWRENCE J. HOGAN, JR., Governor Ch. 681
360+ (2) Qualifications for each category of certified nursing assistant; 17
374361
375-– 9 –
376- [3.] 4. A portion of an approved nursing education program
377-that the Board determines meets the requirements of a nursing assistant training program,
378-DIALYSIS TRAINING COURSE, or medication administration course;
362+ (3) QUALIFICATIONS FOR CE RTIFIED DIALYSIS TEC HNICIANS; 18
379363
380- (iii) Pay to the Board an application fee set by the Board;
364+ [(3)] (4) Qualifications for certified medication technicians; and 19
381365
382- (iv) Be of good moral character;
366+ [(4)] (5) Standards for qualification of applicants for certification, 20
367+including the applicant’s criminal history, work record, and prohibitions against behavior 21
368+which may be potentially harmful to patients. 22
383369
384- (v) Be at least 16 years old to apply for certification as a nursing
385-assistant; [and]
370+ (b) To qualify for certification as a nursing assistant, a nursing assistant in a 23
371+specific category, A DIALYSIS TECHNICIA N, or a medication technician, an applicant shall 24
372+meet the requirements set by the Board. 25
386373
387- (VI) BE AT LEAST 18 YEARS OLD TO APPLY F OR CERTIFICATION
388-AS A DIALYSIS TECHNI CIAN; AND
374+ (c) (1) An applicant for a certificate shall: 26
389375
390- [(vi)] (VII) Be at least 18 years old to apply for certification as a
391-medication technician.
376+ (i) Submit an application to the Board on the form that the Board 27
377+requires; 28
392378
393- (2) Subject to paragraph (1) of this subsection, an applicant for certification
394-as a certified nursing assistant OR DIALYSIS TECHNICI AN shall submit to the Board:
379+ (ii) Provide evidence, as required by the Board, of successful 29
380+completion of: 30
395381
396- (i) A criminal history records check in accordance with § 8–303 of
397-this title and § 8–6A–08(k) of this subtitle; and
382+ 1. An approved nursing assistant training program; 31 HOUSE BILL 218 9
398383
399- (ii) On the form required by the Board, written, verified evidence
400-that the requirement of item (i) of this paragraph is being met or has been met.
401384
402- (3) An applicant for certification as a certified medicine aide, in addition to
403-the requirements under paragraph (1) of this subsection, shall submit an additional
404-application to that effect to the Board on the form that the Board requires.
405385
406- (4) An applicant for a certificate may not:
386+ 2. AN APPROVED DIALYSIS TE CHNICIAN TRAINING 1
387+PROGRAM; 2
407388
408- (i) Have committed any act or omission that would be grounds for
409-discipline or denial of certification under this subtitle; and
389+ [2.] 3. An approved course in medication administration; or 3
410390
411- (ii) Have a record of abuse, negligence, misappropriation of a
412-resident’s property, or any disciplinary action taken or pending in any other state or
413-territory of the United States against the certification of the nursing assistant or
414-medication technician in the state or territory.
391+ [3.] 4. A portion of an approved nursing education program 4
392+that the Board determines meets the requirements of a nursing assistant training program, 5
393+DIALYSIS TRAINING CO URSE, or medication administration course; 6
415394
416-8–6A–06.
395+ (iii) Pay to the Board an application fee set by the Board; 7
417396
418- Every applicant for certification by endorsement shall:
397+ (iv) Be of good moral character; 8
419398
420- (1) Pay the required application fee;
421- Ch. 681 2022 LAWS OF MARYLAND
399+ (v) Be at least 16 years old to apply for certification as a nursing 9
400+assistant; [and] 10
422401
423-– 10 –
424- (2) Submit the information required by the Board in the manner and form
425-specified by the Board; and
402+ (VI) BE AT LEAST 18 YEARS OLD TO APPLY F OR CERTIFICATION 11
403+AS A DIALYSIS TECHNI CIAN; AND 12
426404
427- (3) Submit written evidence that the applicant:
405+ [(vi)] (VII) Be at least 18 years old to apply for certification as a 13
406+medication technician. 14
428407
429- (i) Is certified to practice as a nursing assistant OR DIALYSIS
430-TECHNICIAN by another state or territory of the United States with requirements that are
431-essentially similar to the requirements for certification established in this subtitle and that
432-the certification is in good standing;
408+ (2) Subject to paragraph (1) of this subsection, an applicant for certification 15
409+as a certified nursing assistant OR DIALYSIS TECHNICI AN shall submit to the Board: 16
433410
434- (ii) Has not committed any act or omission that would be grounds for
435-discipline or denial of certification under this subtitle;
411+ (i) A criminal history records check in accordance with § 8–303 of 17
412+this title and § 8–6A–08(k) of this subtitle; and 18
436413
437- (iii) Has successfully completed nursing assistant training OR
438-DIALYSIS TECHNICIAN TRAINING that meets the standards for an approved nursing
439-assistant training program OR DIALYSIS TECHNICI AN TRAINING PROGRAM established
440-under this subtitle and the standards adopted by the Board; and
414+ (ii) On the form required by the Board, written, verified evidence 19
415+that the requirement of item (i) of this paragraph is being met or has been met. 20
441416
442- (iv) Has no record of abuse, negligence, or misappropriation of a
443-resident’s property or any disciplinary action taken or pending in any other state or
444-territory of the United States against the certification of the nursing assistant OR
445-DIALYSIS TECHNIC IAN in the state or territory.
417+ (3) An applicant for certification as a certified medicine aide, in addition to 21
418+the requirements under paragraph (1) of this subsection, shall submit an additional 22
419+application to that effect to the Board on the form that the Board requires. 23
446420
447-8–6A–07.
421+ (4) An applicant for a certificate may not: 24
448422
449- (a) Subject to subsection (f) of this section, the Board shall certify any applicant
450-who meets the requirements of this subtitle.
423+ (i) Have committed any act or omission that would be grounds for 25
424+discipline or denial of certification under this subtitle; and 26
451425
452- (b) (1) The Board shall:
426+ (ii) Have a record of abuse, negligence, misappropriation of a 27
427+resident’s property, or any disciplinary action taken or pending in any other state or 28
428+territory of the United States against the certification of the nursing assistant or 29
429+medication technician in the state or territory. 30
430+ 10 HOUSE BILL 218
453431
454- (i) Issue each new certified nursing assistant , DIALYSIS
455-TECHNICIAN, or medication technician a certificate number and registration certificate
456-that indicates the initial certificate was issued by the Board; and
457432
458- (ii) Electronically record each certificate in the Board’s database and
459-on the Board’s website.
433+8–6A–06. 1
460434
461- (2) Each certificate shall include:
435+ Every applicant for certification by endorsement shall: 2
462436
463- (i) Any expiration date;
437+ (1) Pay the required application fee; 3
464438
465- (ii) The type of certificate; and
439+ (2) Submit the information required by the Board in the manner and form 4
440+specified by the Board; and 5
466441
467- (iii) Any specific category of nursing assistant.
468- LAWRENCE J. HOGAN, JR., Governor Ch. 681
442+ (3) Submit written evidence that the applicant: 6
469443
470-– 11 –
471- (c) An individual who has met the requirements for a certified nursing assistant
472-shall be certified with the title of “certified nursing assistant”.
444+ (i) Is certified to practice as a nursing assistant OR DIALYSIS 7
445+TECHNICIAN by another state or territory of the United States with requirements that are 8
446+essentially similar to the requirements for certification established in this subtitle and that 9
447+the certification is in good standing; 10
473448
474- (d) An individual who routinely performs nursing tasks delegated by a registered
475-nurse or licensed practical nurse for compensation and has also completed a
476-Board–approved course in medication administration shall be certified with the title of
477-“certified medicine aide”.
449+ (ii) Has not committed any act or omission that would be grounds for 11
450+discipline or denial of certification under this subtitle; 12
478451
479- (E) AN INDIVIDUAL WHO HAS MET THE REQUIREMENTS FOR A CERTIFIED
480-DIALYSIS TECHNICIAN SHALL BE CERTIFIED W ITH THE TITLE OF “CERTIFIED
481-DIALYSIS TECHNICIAN ”.
452+ (iii) Has successfully completed nursing assistant training OR 13
453+DIALYSIS TECHNICIAN TRAINING that meets the standards for an approved nursing 14
454+assistant training program OR DIALYSIS TECHNICI AN TRAINING PROGRAM established 15
455+under this subtitle and the standards adopted by the Board; and 16
482456
483- [(e)] (F) An individual who has met the requirements for a certified medication
484-technician shall be certified with the title of “certified medication technician”.
457+ (iv) Has no record of abuse, negligence, or misappropriation of a 17
458+resident’s property or any disciplinary action taken or pending in any other state or 18
459+territory of the United States against the certification of the nursing assistant OR 19
460+DIALYSIS TECHNICIAN in the state or territory. 20
485461
486- [(f)] (G) (1) The Board may issue a temporary practice certificate to an
487-applicant who:
462+8–6A–07. 21
488463
489- (i) Has met the appropriate certification requirements of this
490-subtitle to the satisfaction of the Board; and
464+ (a) Subject to subsection (f) of this section, the Board shall certify any applicant 22
465+who meets the requirements of this subtitle. 23
491466
492- (ii) Does not have a criminal record and has not been the subject of
493-a health professional disciplinary action in this State or another jurisdiction.
467+ (b) (1) The Board shall: 24
494468
495- (2) Unless the Board suspends or revokes a temporary practice certificate,
496-the temporary practice certificate expires 90 days after issuance.
469+ (i) Issue each new certified nursing assistant , DIALYSIS 25
470+TECHNICIAN, or medication technician a certificate number and registration certificate 26
471+that indicates the initial certificate was issued by the Board; and 27
497472
498- (3) A temporary practice certificate may be extended up to an additional 90
499-days if the applicant is awaiting the completion of criminal history record information.
473+ (ii) Electronically record each certificate in the Board’s database and 28
474+on the Board’s website. 29
500475
501- [(g)] (H) A medication technician graduate may practice for no more than 90
502-days from the date of completion of a medication technician training program without
503-certification by the Board.
476+ (2) Each certificate shall include: 30
504477
505- [(h)] (I) (1) On receipt of the criminal history record information of an
506-applicant for certification as a certified nursing assistant OR DIALYSIS TECHNICI AN
507-forwarded to the Board in accordance with § 8–303 of this title, in determining whether to
508-grant a certificate, the Board shall consider:
478+ (i) Any expiration date; 31 HOUSE BILL 218 11
509479
510- (i) The age at which the crime was committed;
511480
512- (ii) The circumstances surrounding the crime;
513481
514- (iii) The length of time that has passed since the crime;
482+ (ii) The type of certificate; and 1
515483
516- (iv) Subsequent work history; Ch. 681 2022 LAWS OF MARYLAND
484+ (iii) Any specific category of nursing assistant. 2
517485
518-– 12 –
486+ (c) An individual who has met the requirements for a certified nursing assistant 3
487+shall be certified with the title of “certified nursing assistant”. 4
519488
520- (v) Employment and character references; and
489+ (d) An individual who routinely performs nursing tasks delegated by a registered 5
490+nurse or licensed practical nurse for compensation and has also completed a 6
491+Board–approved course in medication administration shall be certified with the title of 7
492+“certified medicine aide”. 8
521493
522- (vi) Other evidence that demonstrates whether the applicant poses a
523-threat to the public health or safety.
494+ (E) AN INDIVIDUAL WHO HAS MET THE REQUIREMENTS FOR A CERTIFIED 9
495+DIALYSIS TECHNICIAN SHALL BE CERTIFIED W ITH THE TITLE OF “CERTIFIED 10
496+DIALYSIS TECHNICIAN ”. 11
524497
525- (2) The Board may not issue a certificate if the criminal history record
526-information required under § 8–303 of this title has not been received.
498+ [(e)] (F) An individual who has met the requirements for a certified medication 12
499+technician shall be certified with the title of “certified medication technician”. 13
527500
528-8–6A–08.
501+ [(f)] (G) (1) The Board may issue a temporary practice certificate to an 14
502+applicant who: 15
529503
530- (a) A certificate expires on the 28th day of the birth month of the nursing
531-assistant, DIALYSIS TECHNICIAN , or medication technician, unless the certificate is
532-renewed for a 2–year term as provided in this section.
504+ (i) Has met the appropriate certification requirements of this 16
505+subtitle to the satisfaction of the Board; and 17
533506
534- (b) (1) At least 3 months before a certificate expires, the Board shall send a
535-renewal notice to the nursing assistant, DIALYSIS TECHNICIAN , or medication technician
536-CERTIFICATE HOLDER by:
507+ (ii) Does not have a criminal record and has not been the subject of 18
508+a health professional disciplinary action in this State or another jurisdiction. 19
537509
538- (i) First–class mail to the last known mailing address of the nursing
539-assistant or medication technician CERTIFICATE HOLDER ; or
510+ (2) Unless the Board suspends or revokes a temporary practice certificate, 20
511+the temporary practice certificate expires 90 days after issuance. 21
540512
541- (ii) Electronic means to the last known electronic address of the
542-certificate holder.
513+ (3) A temporary practice certificate may be extended up to an additional 90 22
514+days if the applicant is awaiting the completion of criminal history record information. 23
543515
544- (2) A renewal notice shall state:
516+ [(g)] (H) A medication technician graduate may practice for no more than 90 24
517+days from the date of completion of a medication technician training program without 25
518+certification by the Board. 26
545519
546- (i) The date on which the current certificate expires;
520+ [(h)] (I) (1) On receipt of the criminal history record information of an 27
521+applicant for certification as a certified nursing assistant OR DIALYSIS TECHNICI AN 28
522+forwarded to the Board in accordance with § 8–303 of this title, in determining whether to 29
523+grant a certificate, the Board shall consider: 30
547524
548- (ii) The date by which the renewal application must be received by
549-the Board for the renewal to be issued and mailed before the certificate expires; and
525+ (i) The age at which the crime was committed; 31
526+ 12 HOUSE BILL 218
550527
551- (iii) The amount of the renewal fee.
552528
553- (3) If a nursing assistant, DIALYSIS TECHNICIAN , or medication OR
554-DIALYSIS technician is required to have a criminal history records check before a certificate
555-may be renewed, the Board shall send the nursing assistant, DIALYSIS TECHNICIAN , or
556-medication OR DIALYSIS technician the documents necessary for initiating the criminal
557-history records check in conjunction with the renewal notice required under paragraph (1)
558-of this subsection.
529+ (ii) The circumstances surrounding the crime; 1
559530
560- (c) Before a certificate expires, a nursing assistant periodically may renew it for
561-an additional term, if the certificate holder:
531+ (iii) The length of time that has passed since the crime; 2
562532
563- (1) Otherwise is entitled to be certified; LAWRENCE J. HOGAN, JR., Governor Ch. 681
533+ (iv) Subsequent work history; 3
564534
565-– 13 –
535+ (v) Employment and character references; and 4
566536
567- (2) Submits to the Board a renewal application on the form that the Board
568-requires;
537+ (vi) Other evidence that demonstrates whether the applicant poses a 5
538+threat to the public health or safety. 6
569539
570- (3) Pays to the Board a renewal fee set by the Board; and
540+ (2) The Board may not issue a certificate if the criminal history record 7
541+information required under § 8–303 of this title has not been received. 8
571542
572- (4) Provides satisfactory evidence of completion of:
543+8–6A–08. 9
573544
574- (i) 16 hours of active nursing assistant practice within the 2–year
575-period immediately preceding the date of renewal EXPIRATION; or
545+ (a) A certificate expires on the 28th day of the birth month of the nursing 10
546+assistant, DIALYSIS TECHNICIAN , or medication technician, unless the certificate is 11
547+renewed for a 2–year term as provided in this section. 12
576548
577- (ii) If the nursing assistant did not complete 16 hours of active
578-practice as required under item (i) of this item, an approved nursing assistant training
579-program or an approved nursing assistant refresher training program as required in
580-regulations adopted by the Board in accordance with subsection (m) of this section.
549+ (b) (1) At least 3 months before a certificate expires, the Board shall send a 13
550+renewal notice to the nursing assistant, DIALYSIS TECHNICIAN , or medication technician 14
551+CERTIFICATE HOLDER by: 15
581552
582- (d) In addition to the requirements in subsection (c)(1), (2), and (3) of this section,
583-a certified medicine aide shall:
553+ (i) First–class mail to the last known mailing address of the nursing 16
554+assistant or medication technician CERTIFICATE HOLDER ; or 17
584555
585- (1) Provide satisfactory evidence of completion of 100 hours of practice as
586-a certified medicine aide in the 2–year period preceding the date of renewal EXPIRATION;
587-and
556+ (ii) Electronic means to the last known electronic address of the 18
557+certificate holder. 19
588558
589- (2) Successfully complete a Board–approved medicine aide continuing
590-education program.
559+ (2) A renewal notice shall state: 20
591560
592- (E) BEFORE A CERTIFICATE EXPIRES, A DIALYSIS TECHNICIA N
593-PERIODICALLY MAY REN EW IT FOR AN ADDITIO NAL TERM, IF THE CERTIFICATE
594-HOLDER:
561+ (i) The date on which the current certificate expires; 21
595562
596- (1) OTHERWISE IS ENTITLED TO BE CERTIFIED ;
563+ (ii) The date by which the renewal application must be received by 22
564+the Board for the renewal to be issued and mailed before the certificate expires; and 23
597565
598- (2) SUBMITS TO THE BOARD A RENEWAL APPLI CATION ON THE FORM
599-THAT THE BOARD REQUIRES ;
566+ (iii) The amount of the renewal fee. 24
600567
601- (3) PAYS TO THE BOARD A RENEWAL FEE S ET BY THE BOARD;
568+ (3) If a nursing assistant, DIALYSIS TECHNICIAN , or medication OR 25
569+DIALYSIS technician is required to have a criminal history records check before a certificate 26
570+may be renewed, the Board shall send the nursing assistant, DIALYSIS TECHNICIAN , or 27
571+medication OR DIALYSIS technician the documents necessary for initiating the criminal 28
572+history records check in conjunction with the renewal notice required under paragraph (1) 29
573+of this subsection. 30
574+ HOUSE BILL 218 13
602575
603- (4) HAS COMPLETED 16 HOURS OF PRACTICE AS A DIALYSIS
604-TECHNICIAN IN THE 2–YEAR PERIOD IMMEDIAT ELY PRECEDING THE DA TE OF
605-RENEWAL;
606576
607- (5) HAS COMPLETED A 3–HOUR CONTINUING EDUC ATION COURSE
608-APPROVED BY THE BOARD; AND
577+ (c) Before a certificate expires, a nursing assistant periodically may renew it for 1
578+an additional term, if the certificate holder: 2
609579
610- (4) HAS COMPLETED : Ch. 681 2022 LAWS OF MARYLAND
580+ (1) Otherwise is entitled to be certified; 3
611581
612-– 14 –
582+ (2) Submits to the Board a renewal application on the form that the Board 4
583+requires; 5
613584
614- (I) 1. 16 HOURS OF PRACTICE AS A DIALYSIS TECHNICIA N IN
615-THE 2–YEAR PERIOD IMMEDIAT ELY PRECEDING THE DA TE OF EXPIRATION ; AND
585+ (3) Pays to the Board a renewal fee set by the Board; and 6
616586
617- 2. A 3–HOUR CONTINUING EDUC ATION COURSE
618-APPROVED BY THE BOARD; OR
587+ (4) Provides satisfactory evidence of completion of: 7
619588
620- (II) A DIALYSIS TECHNICIAN TRAINING PROGRAM APP ROVED
621-BY THE BOARD; AND
589+ (i) 16 hours of active nursing assistant practice within the 2–year 8
590+period immediately preceding the date of renewal EXPIRATION; or 9
622591
623- (6) (5) HAS AN ACTIVE NATIONA L CERTIFICATION LIST ED IN §
624-8–6A–01(C)(2) OF THIS SUBTITLE .
592+ (ii) If the nursing assistant did not complete 16 hours of active 10
593+practice as required under item (i) of this item, an approved nursing assistant training 11
594+program or an approved nursing assistant refresher training program as required in 12
595+regulations adopted by the Board in accordance with subsection (m) of this section. 13
625596
626- [(e)] (F) Before a certificate expires, a medication technician periodically may
627-renew it for an additional term, if the certificate holder:
597+ (d) In addition to the requirements in subsection (c)(1), (2), and (3) of this section, 14
598+a certified medicine aide shall: 15
628599
629- (1) Otherwise is entitled to be certified;
600+ (1) Provide satisfactory evidence of completion of 100 hours of practice as 16
601+a certified medicine aide in the 2–year period preceding the date of renewal EXPIRATION; 17
602+and 18
630603
631- (2) Submits to the Board a renewal application on the form that the Board
632-requires;
604+ (2) Successfully complete a Board–approved medicine aide continuing 19
605+education program. 20
633606
634- (3) Pays to the Board a renewal fee set by the Board;
607+ (E) BEFORE A CERTIFICATE EXPIRES, A DIALYSIS TECHNICIA N 21
608+PERIODICALLY MAY REN EW IT FOR AN ADDITIO NAL TERM, IF THE CERTIFICATE 22
609+HOLDER: 23
635610
636- (4) Every 2 years, provides satisfactory evidence of completion of a
637-Board–approved clinical refresher course; and
611+ (1) OTHERWISE IS ENTITLED TO BE CERTIFIED; 24
638612
639- (5) Provides satisfactory evidence of completion of 100 hours of practice as
640-a certified medication technician within the 2–year period preceding the date of renewal.
613+ (2) SUBMITS TO THE BOARD A RENEWAL APPLI CATION ON THE FORM 25
614+THAT THE BOARD REQUIRES ; 26
641615
642- [(f)] (G) The Board may grant a 30 –day extension, beyond a certificate’s
643-expiration date, to a certificate holder so that the certificate holder may renew the
644-certificate before it expires.
616+ (3) PAYS TO THE BOARD A RENEWAL FEE S ET BY THE BOARD; 27
645617
646- [(g)] (H) The Board shall reinstate the certificate of a certificate holder who has
647-failed to renew the certificate for any reason if the certificate holder meets the applicable
648-renewal requirements of subsections (c) through [(e)] (F) and [(k)(1)(i)2] (L)(1)(I)2 of this
649-section.
618+ (4) HAS COMPLETED 16 HOURS OF PRACTICE AS A DIALYSIS 28
619+TECHNICIAN IN THE 2–YEAR PERIOD IMMEDIAT ELY PRECEDING THE DA TE OF 29
620+RENEWAL; 30
621+ 14 HOUSE BILL 218
650622
651- [(h)] (I) Subject to subsection [(i)] (J) of this section, the Board shall renew the
652-certificate of each nursing assistant, DIALYSIS TECHNICIAN , or medication technician who
653-meets the requirements of this section.
654623
655- [(i)] (J) (1) Within 60 days after a change has occurred, each certificate
656-holder shall notify the Board in writing of any change in a name or address.
657- LAWRENCE J. HOGAN, JR., Governor Ch. 681
624+ (5) HAS COMPLETED A 3–HOUR CONTINUING EDUC ATION COURSE 1
625+APPROVED BY THE BOARD; AND 2
658626
659-– 15 –
660- (2) If the certificate holder fails to notify the Board within the time
661-required under this subsection, the Board may impose an administrative penalty of $25 on
662-the certificate holder.
627+ (4) HAS COMPLETED : 3
663628
664- [(j)] (K) The Board shall pay any penalty collected under this subsection to the
665-General Fund of the State.
629+ (I) 1. 16 HOURS OF PRACTICE AS A DIALYSIS TECHNICIA N IN 4
630+THE 2–YEAR PERIOD IMMEDIATELY P RECEDING THE DATE OF EXPIRATION; AND 5
666631
667- [(k)] (L) (1) (i) The Board shall require criminal history records checks in
668-accordance with § 8–303 of this title on:
632+ 2. A 3–HOUR CONTINUING EDUC ATION COURSE 6
633+APPROVED BY THE BOARD; OR 7
669634
670- 1. Selected applicants for certification as a certified nursing
671-assistant OR DIALYSIS TECHNICI AN who renew their certificates every 2 years as
672-determined by regulations adopted by the Board; and
635+ (II) A DIALYSIS TECHNICIAN TRAINING PROGRAM APP ROVED 8
636+BY THE BOARD; AND 9
673637
674- 2. Each former certified nursing assistant OR DIALYSIS
675-TECHNICIAN who files for reinstatement under subsection [(g)] (H) of this section after
676-failing to renew the certificate for a period of 1 year or more.
638+ (6) (5) HAS AN ACTIVE NATIONA L CERTIFICATION LIST ED IN § 10
639+8–6A–01(C)(2) OF THIS SUBTITLE . 11
677640
678- (ii) An additional criminal history records check shall be performed
679-every 12 years thereafter.
641+ [(e)] (F) Before a certificate expires, a medication technician periodically may 12
642+renew it for an additional term, if the certificate holder: 13
680643
681- (2) On receipt of the criminal history record information of a certificate
682-holder forwarded to the Board in accordance with § 8–303 of this title, in determining
683-whether to initiate disciplinary action against the certificate holder based on the
684-information received, the Board shall consider:
644+ (1) Otherwise is entitled to be certified; 14
685645
686- (i) The age at which the crime was committed;
646+ (2) Submits to the Board a renewal application on the form that the Board 15
647+requires; 16
687648
688- (ii) The circumstances surrounding the crime;
649+ (3) Pays to the Board a renewal fee set by the Board; 17
689650
690- (iii) The length of time that has passed since the crime;
651+ (4) Every 2 years, provides satisfactory evidence of completion of a 18
652+Board–approved clinical refresher course; and 19
691653
692- (iv) Subsequent work history;
654+ (5) Provides satisfactory evidence of completion of 100 hours of practice as 20
655+a certified medication technician within the 2–year period preceding the date of renewal. 21
693656
694- (v) Employment and character references; and
657+ [(f)] (G) The Board may grant a 30 –day extension, beyond a certificate’s 22
658+expiration date, to a certificate holder so that the certificate holder may renew the 23
659+certificate before it expires. 24
695660
696- (vi) Other evidence that demonstrates whether the certificate holder
697-poses a threat to the public health or safety.
661+ [(g)] (H) The Board shall reinstate the certificate of a certificate holder who has 25
662+failed to renew the certificate for any reason if the certificate holder meets the applicable 26
663+renewal requirements of subsections (c) through [(e)] (F) and [(k)(1)(i)2] (L)(1)(I)2 of this 27
664+section. 28
698665
699- (3) The Board may not renew a certificate without written documentation
700-that the applicant has submitted to a criminal history records check as required under §
701-8–303 of this title.
666+ [(h)] (I) Subject to subsection [(i)] (J) of this section, the Board shall renew the 29
667+certificate of each nursing assistant, DIALYSIS TECHNICIAN , or medication technician who 30
668+meets the requirements of this section. 31
669+ HOUSE BILL 218 15
702670
703- [(l)] (M) (1) If an individual has been certified by the Board to practice as a
704-nursing assistant, DIALYSIS TECHNICIAN , or medication technician in the State in
705-accordance with the requirements of this subtitle, the individual subsequently may be Ch. 681 2022 LAWS OF MARYLAND
706671
707-– 16 –
708-certified as a nursing assistant, DIALYSIS TECHNICIAN , or medication technician on
709-inactive status.
672+ [(i)] (J) (1) Within 60 days after a change has occurred, each certificate 1
673+holder shall notify the Board in writing of any change in a name or address. 2
710674
711- (2) The Board shall place a certificate holder on inactive status and record
712-the inactive status in the Board’s database and on the Board’s website if the certificate
713-holder:
675+ (2) If the certificate holder fails to notify the Board within the time 3
676+required under this subsection, the Board may impose an administrative penalty of $25 on 4
677+the certificate holder. 5
714678
715- (i) Submits documentation of a medical condition that the Board
716-determines will prevent the certificate holder from practicing as a nursing assistant,
717-DIALYSIS TECHNICIAN , or medication technician; and
679+ [(j)] (K) The Board shall pay any penalty collected under this subsection to the 6
680+General Fund of the State. 7
718681
719- (ii) Completes the biennial application for inactive status and
720-submits documentation of a continuing medical condition.
682+ [(k)] (L) (1) (i) The Board shall require criminal history records checks in 8
683+accordance with § 8–303 of this title on: 9
721684
722- (3) A certificate holder on inactive status may apply for reactivation of the
723-certificate if the certificate holder:
685+ 1. Selected applicants for certification as a certified nursing 10
686+assistant OR DIALYSIS TECHNICI AN who renew their certificates every 2 years as 11
687+determined by regulations adopted by the Board; and 12
724688
725- (i) Submits documentation satisfactory to the Board that the
726-medical condition for which the inactive status was granted no longer exists; and
689+ 2. Each former certified nursing assistant OR DIALYSIS 13
690+TECHNICIAN who files for reinstatement under subsection [(g)] (H) of this section after 14
691+failing to renew the certificate for a period of 1 year or more. 15
727692
728- (ii) Meets the renewal requirements of this section.
693+ (ii) An additional criminal history records check shall be performed 16
694+every 12 years thereafter. 17
729695
730- (4) If a certificate holder meets the requirements of paragraph (3) of this
731-subsection, the Board shall:
696+ (2) On receipt of the criminal history record information of a certificate 18
697+holder forwarded to the Board in accordance with § 8–303 of this title, in determining 19
698+whether to initiate disciplinary action against the certificate holder based on the 20
699+information received, the Board shall consider: 21
732700
733- (i) Record the status of the certificate holder as active in the Board’s
734-database and on the Board’s website; and
701+ (i) The age at which the crime was committed; 22
735702
736- (ii) Reactivate the certificate holder’s certificate to practice as a
737-nursing assistant, DIALYSIS TECHNICIAN , or medication technician in the State.
703+ (ii) The circumstances surrounding the crime; 23
738704
739- (5) The Board may not charge a fee to place the certificate holder on or
740-remove the certificate holder from inactive status under this subsection.
705+ (iii) The length of time that has passed since the crime; 24
741706
742- (6) Inactive status:
707+ (iv) Subsequent work history; 25
743708
744- (i) May not be considered a disciplinary action under § 8–6A–10 of
745-this subtitle; and
709+ (v) Employment and character references; and 26
746710
747- (ii) May not be reported to any certifying entity, employer, or
748-insurance company as a disciplinary action.
711+ (vi) Other evidence that demonstrates whether the certificate holder 27
712+poses a threat to the public health or safety. 28
749713
750- [(m)] (N) (1) The Board shall adopt regulations to specify:
751- LAWRENCE J. HOGAN, JR., Governor Ch. 681
714+ (3) The Board may not renew a certificate without written documentation 29
715+that the applicant has submitted to a criminal history records check as required under § 30
716+8–303 of this title. 31
717+ 16 HOUSE BILL 218
752718
753-– 17 –
754- (i) The circumstances under which a nursing assistant, as a
755-condition of renewal, is required to complete either an approved nursing assistant training
756-program or an approved nursing assistant refresher training program; and
757719
758- (ii) The number of didactic instruction hours and clinical training
759-hours the nursing assistant training program or nursing assistant refresher training
760-program must have to be approved.
720+ [(l)] (M) (1) If an individual has been certified by the Board to practice as a 1
721+nursing assistant, DIALYSIS TECHNICIAN , or medication technician in the State in 2
722+accordance with the requirements of this subtitle, the individual subsequently may be 3
723+certified as a nursing assistant, DIALYSIS TECHNICIAN , or medication technician on 4
724+inactive status. 5
761725
762- (2) Regulations adopted under paragraph (1) of this subsection must be
763-consistent with federal law.
726+ (2) The Board shall place a certificate holder on inactive status and record 6
727+the inactive status in the Board’s database and on the Board’s website if the certificate 7
728+holder: 8
764729
765-8–6A–09.
730+ (i) Submits documentation of a medical condition that the Board 9
731+determines will prevent the certificate holder from practicing as a nursing assistant, 10
732+DIALYSIS TECHNICIAN , or medication technician; and 11
766733
767- (a) The Board may impose a civil fine not exceeding $50 on a certified nursing
768-assistant, A CERTIFIED DIALYSIS TECHNICIAN, or a certified medication technician who
769-fails to renew a certificate within 30 days after its expiration date and practices as a
770-certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified medication
771-technician during the period of expiration.
734+ (ii) Completes the biennial application for inactive status and 12
735+submits documentation of a continuing medical condition. 13
772736
773- (b) The Board shall pay any penalty collected under this section to the General
774-Fund of the State.
737+ (3) A certificate holder on inactive status may apply for reactivation of the 14
738+certificate if the certificate holder: 15
775739
776-8–6A–10.
740+ (i) Submits documentation satisfactory to the Board that the 16
741+medical condition for which the inactive status was granted no longer exists; and 17
777742
778- (a) Subject to the hearing provisions of § 8–317 of this title and § 8–6A–10.1 of
779-this subtitle, the Board may deny a certificate or grant a certificate, including a certificate
780-subject to a reprimand, probation, or suspension, to any applicant, reprimand any
781-certificate holder, place any certificate holder on probation, or suspend or revoke the
782-certificate of a certificate holder, if the applicant or certificate holder:
743+ (ii) Meets the renewal requirements of this section. 18
783744
784- (1) Fraudulently or deceptively obtains or attempts to obtain a certificate
785-for the applicant or for another;
745+ (4) If a certificate holder meets the requirements of paragraph (3) of this 19
746+subsection, the Board shall: 20
786747
787- (2) Fraudulently or deceptively uses a certificate;
748+ (i) Record the status of the certificate holder as active in the Board’s 21
749+database and on the Board’s website; and 22
788750
789- (3) Is disciplined by a licensing, military, or disciplinary authority in this
790-State or in any other state or country or convicted or disciplined by a court in this State or
791-in any other state or country for an act that would be grounds for disciplinary action under
792-the Board’s disciplinary statutes;
751+ (ii) Reactivate the certificate holder’s certificate to practice as a 23
752+nursing assistant, DIALYSIS TECHNICIAN , or medication technician in the State. 24
793753
794- (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a
795-crime involving moral turpitude, whether or not any appeal or other proceeding is pending
796-to have the conviction or plea set aside;
754+ (5) The Board may not charge a fee to place the certificate holder on or 25
755+remove the certificate holder from inactive status under this subsection. 26
797756
798- (5) Files a false report or record of an individual under the certificate
799-holder’s care; Ch. 681 2022 LAWS OF MARYLAND
757+ (6) Inactive status: 27
800758
801-– 18 –
759+ (i) May not be considered a disciplinary action under § 8–6A–10 of 28
760+this subtitle; and 29
802761
803- (6) Gives any false or misleading information about a material matter in
804-an employment application;
762+ (ii) May not be reported to any certifying entity, employer, or 30
763+insurance company as a disciplinary action. 31
805764
806- (7) Fails to file or record any health record that is required by law;
765+ [(m)] (N) (1) The Board shall adopt regulations to specify: 32 HOUSE BILL 218 17
807766
808- (8) Induces another individual to fail to file or record any health record that
809-is required by law;
810767
811- (9) Has violated any order, rule, or regulation of the Board relating to the
812-practice or certification of a nursing assistant, DIALYSIS TECHNICIAN , or medication
813-technician;
814768
815- (10) Provides services as a nursing assistant, DIALYSIS TECHNICIAN , or
816-medication technician while:
769+ (i) The circumstances under which a nursing assistant, as a 1
770+condition of renewal, is required to complete either an approved nursing assistant training 2
771+program or an approved nursing assistant refresher training program; and 3
817772
818- (i) Under the influence of alcohol; or
773+ (ii) The number of didactic instruction hours and clinical training 4
774+hours the nursing assistant training program or nursing assistant refresher training 5
775+program must have to be approved. 6
819776
820- (ii) Using any narcotic or controlled dangerous substance, as defined
821-in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic
822-amounts or without valid medical indication;
777+ (2) Regulations adopted under paragraph (1) of this subsection must be 7
778+consistent with federal law. 8
823779
824- (11) Has a substance use disorder;
780+8–6A–09. 9
825781
826- (12) Is addicted to, or habitually abuses, any narcotic or controlled
827-dangerous substance as defined in § 5–101 of the Criminal Law Article;
782+ (a) The Board may impose a civil fine not exceeding $50 on a certified nursing 10
783+assistant, A CERTIFIED DIALYSIS TECHNICIAN, or a certified medication technician who 11
784+fails to renew a certificate within 30 days after its expiration date and practices as a 12
785+certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified medication 13
786+technician during the period of expiration. 14
828787
829- (13) Has acted in a manner inconsistent with the health or safety of an
830-individual under the applicant or certificate holder’s care;
788+ (b) The Board shall pay any penalty collected under this section to the General 15
789+Fund of the State. 16
831790
832- (14) Has practiced as a nursing assistant, DIALYSIS TECHNICIAN , or
833-medication technician in a manner which fails to meet generally accepted standards for the
834-practice of a nursing assistant, DIALYSIS TECHNICIAN , or medication technician;
791+8–6A–10. 17
835792
836- (15) Has physically, verbally, or psychologically abused, neglected, or
837-otherwise harmed an individual under the applicant or certificate holder’s care;
793+ (a) Subject to the hearing provisions of § 8–317 of this title and § 8–6A–10.1 of 18
794+this subtitle, the Board may deny a certificate or grant a certificate, including a certificate 19
795+subject to a reprimand, probation, or suspension, to any applicant, reprimand any 20
796+certificate holder, place any certificate holder on probation, or suspend or revoke the 21
797+certificate of a certificate holder, if the applicant or certificate holder: 22
838798
839- (16) Has a physical or mental condition which renders the applicant or
840-certificate holder unable to practice as a certified nursing assistant, CERTIFIED DIALYSIS
841-TECHNICIAN, or certified medication technician with reasonable skill and safety to the
842-patients and which may endanger the health or safety of individuals under the care of the
843-applicant or certificate holder;
799+ (1) Fraudulently or deceptively obtains or attempts to obtain a certificate 23
800+for the applicant or for another; 24
844801
845- (17) Has violated the confidentiality of information or knowledge as
846-prescribed by law concerning any patient;
847- LAWRENCE J. HOGAN, JR., Governor Ch. 681
802+ (2) Fraudulently or deceptively uses a certificate; 25
848803
849-– 19 –
850- (18) Has misappropriated patient or facility property;
804+ (3) Is disciplined by a licensing, military, or disciplinary authority in this 26
805+State or in any other state or country or convicted or disciplined by a court in this State or 27
806+in any other state or country for an act that would be grounds for disciplinary action under 28
807+the Board’s disciplinary statutes; 29
851808
852- (19) Performs certified nursing assistant, CERTIFIED DIALYSIS
853-TECHNICIAN, or certified medication technician functions incompetently;
809+ (4) Is convicted of or pleads guilty or nolo contendere to a felony or to a 30
810+crime involving moral turpitude, whether or not any appeal or other proceeding is pending 31
811+to have the conviction or plea set aside; 32
854812
855- (20) Has violated any provision of this title or has aided or knowingly
856-permitted any individual to violate any provision of this title;
813+ (5) Files a false report or record of an individual under the certificate 33
814+holder’s care; 34 18 HOUSE BILL 218
857815
858- (21) Submits a false statement to collect a fee;
859816
860- (22) Refuses, withholds from, denies, or discriminates against an individual
861-with regard to the provision of professional services for which the applicant or certificate
862-holder is certified and qualified to render because the individual is HIV positive;
863817
864- (23) Except in an emergency life–threatening situation where it is not
865-feasible or practicable, fails to comply with the Centers for Disease Control and
866-Prevention’s guidelines on universal precautions;
818+ (6) Gives any false or misleading information about a material matter in 1
819+an employment application; 2
867820
868- (24) Fails to cooperate with a lawful investigation conducted by the Board;
821+ (7) Fails to file or record any health record that is required by law; 3
869822
870- (25) Fails to comply with instructions and directions of the supervising
871-registered nurse or licensed practical nurse;
823+ (8) Induces another individual to fail to file or record any health record that 4
824+is required by law; 5
872825
873- (26) When holding an expired certificate or a lapsed certificate, commits any
874-act that would be grounds for disciplinary action under this section;
826+ (9) Has violated any order, rule, or regulation of the Board relating to the 6
827+practice or certification of a nursing assistant, DIALYSIS TECHNICIAN , or medication 7
828+technician; 8
875829
876- (27) Practices as a nursing assistant, DIALYSIS TECHNIC IAN, or
877-medication technician before obtaining or renewing the certificate, including any time
878-period when practicing as a nursing assistant, DIALYSIS TECHNICIAN , or medication
879-technician on an expired certificate or a lapsed certificate;
830+ (10) Provides services as a nursing assistant, DIALYSIS TECHNICIAN , or 9
831+medication technician while: 10
880832
881- (28) Impersonates another individual:
833+ (i) Under the influence of alcohol; or 11
882834
883- (i) Licensed under the provisions of this title; or
835+ (ii) Using any narcotic or controlled dangerous substance, as defined 12
836+in § 5–101 of the Criminal Law Article, or other drug that is in excess of therapeutic 13
837+amounts or without valid medical indication; 14
884838
885- (ii) Who holds a certificate issued under the provisions of this title;
839+ (11) Has a substance use disorder; 15
886840
887- (29) Engages in conduct that violates the code of ethics;
841+ (12) Is addicted to, or habitually abuses, any narcotic or controlled 16
842+dangerous substance as defined in § 5–101 of the Criminal Law Article; 17
888843
889- (30) Performs activities that exceed the education and training of the
890-certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified medication
891-technician;
844+ (13) Has acted in a manner inconsistent with the health or safety of an 18
845+individual under the applicant or certificate holder’s care; 19
892846
893- (31) Is expelled from the safe practice program established pursuant to §
894-8–208 of this title for failure to comply with the conditions of the program;
895- Ch. 681 2022 LAWS OF MARYLAND
847+ (14) Has practiced as a nursing assistant, DIALYSIS TECHNICIAN , or 20
848+medication technician in a manner which fails to meet generally accepted standards for the 21
849+practice of a nursing assistant, DIALYSIS TECHNICIAN , or medication technician; 22
896850
897-– 20 –
898- (32) Fails to submit to a criminal history records check in accordance with §
899-8–303 of this title as required under § 8–6A–05(c)(2) of this subtitle;
851+ (15) Has physically, verbally, or psychologically abused, neglected, or 23
852+otherwise harmed an individual under the applicant or certificate holder’s care; 24
900853
901- (33) Abandons a patient; or
854+ (16) Has a physical or mental condition which renders the applicant or 25
855+certificate holder unable to practice as a certified nursing assistant, CERTIFIED DIALYSIS 26
856+TECHNICIAN, or certified medication technician with reasonable skill and safety to the 27
857+patients and which may endanger the health or safety of individuals under the care of the 28
858+applicant or certificate holder; 29
902859
903- (34) Is a director of nursing, or acts in the capacity of a director of nursing
904-and knowingly employs an individual who is not authorized to perform delegated nursing
905-duties under this subtitle.
860+ (17) Has violated the confidentiality of information or knowledge as 30
861+prescribed by law concerning any patient; 31
862+ HOUSE BILL 218 19
906863
907- (b) If, after a hearing under § 8–317 of this title and § 8–6A–10.1 of this subtitle,
908-the Board finds that there are grounds under subsection (a) of this section to suspend or
909-revoke a certificate to practice as a certified nursing assistant, CERTIFIED DIALYSIS
910-TECHNICIAN, or certified medication technician, to reprimand a certificate holder, or place
911-a certificate holder on probation, the Board may impose a penalty not exceeding $500
912-instead of or in addition to suspending or revoking the certificate, reprimanding the
913-certificate holder, or placing the certificate holder on probation.
914864
915- (c) (1) If a certificate issued under this subtitle was suspended or revoked for
916-a period of more than 1 year, or if a period of more than 1 year has passed since a certificate
917-was surrendered, the Board may reinstate the certificate if the certificate holder:
865+ (18) Has misappropriated patient or facility property; 1
918866
919- (i) Applies to the Board for reinstatement;
867+ (19) Performs certified nursing assistant, CERTIFIED DIALYSIS 2
868+TECHNICIAN, or certified medication technician functions incompetently; 3
920869
921- (ii) Meets the requirements for renewal under § 8–6A–08 of this
922-subtitle;
870+ (20) Has violated any provision of this title or has aided or knowingly 4
871+permitted any individual to violate any provision of this title; 5
923872
924- (iii) Meets any other requirements for reinstatement as established
925-by the Board in regulations; and
873+ (21) Submits a false statement to collect a fee; 6
926874
927- (iv) Submits to a criminal history records check in accordance with §
928-8–303 of this title.
875+ (22) Refuses, withholds from, denies, or discriminates against an individual 7
876+with regard to the provision of professional services for which the applicant or certificate 8
877+holder is certified and qualified to render because the individual is HIV positive; 9
929878
930- (2) If a certificate holder meets the requirements of paragraph (1) of this
931-subsection, the Board may:
879+ (23) Except in an emergency life–threatening situation where it is not 10
880+feasible or practicable, fails to comply with the Centers for Disease Control and 11
881+Prevention’s guidelines on universal precautions; 12
932882
933- (i) Reinstate the certificate;
883+ (24) Fails to cooperate with a lawful investigation conducted by the Board; 13
934884
935- (ii) Reinstate the certificate subject to terms and conditions that the
936-Board considers necessary, including a period of probation; or
885+ (25) Fails to comply with instructions and directions of the supervising 14
886+registered nurse or licensed practical nurse; 15
937887
938- (iii) Deny reinstatement of the certificate.
888+ (26) When holding an expired certificate or a lapsed certificate, commits any 16
889+act that would be grounds for disciplinary action under this section; 17
939890
940-8–6A–12.
941- LAWRENCE J. HOGAN, JR., Governor Ch. 681
891+ (27) Practices as a nursing assistant, DIALYSIS TECHNICIAN , or 18
892+medication technician before obtaining or renewing the certificate, including any time 19
893+period when practicing as a nursing assistant, DIALYSIS TECHNICIAN , or medication 20
894+technician on an expired certificate or a lapsed certificate; 21
942895
943-– 21 –
944- (a) Unless the Board agrees to accept the surrender of a certificate, a certified
945-nursing assistant, CERTIFIED DIALYSIS TECHNICIA N, or certified medication technician
946-may not surrender the certificate.
896+ (28) Impersonates another individual: 22
947897
948- (b) The Board may require terms and conditions on an agreement with the
949-certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified medication
950-technician to accept surrender of the certificate.
898+ (i) Licensed under the provisions of this title; or 23
951899
952- (c) An agreement to accept the surrender of a certificate is a final order of the
953-Board and is a public record.
900+ (ii) Who holds a certificate issued under the provisions of this title; 24
954901
955-8–6A–13.
902+ (29) Engages in conduct that violates the code of ethics; 25
956903
957- (a) The Board shall appoint an advisory committee consisting of at least [15] 17
958-members.
904+ (30) Performs activities that exceed the education and training of the 26
905+certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified medication 27
906+technician; 28
959907
960- (b) Of the [15] 17 committee members:
908+ (31) Is expelled from the safe practice program established pursuant to § 29
909+8–208 of this title for failure to comply with the conditions of the program; 30
910+ 20 HOUSE BILL 218
961911
962- (1) Six shall be nursing assistants:
963912
964- (i) One shall be an acute care nursing assistant;
913+ (32) Fails to submit to a criminal history records check in accordance with § 1
914+8–303 of this title as required under § 8–6A–05(c)(2) of this subtitle; 2
965915
966- (ii) One shall be a home care nursing assistant;
916+ (33) Abandons a patient; or 3
967917
968- (iii) One shall be a long–term care nursing assistant;
918+ (34) Is a director of nursing, or acts in the capacity of a director of nursing 4
919+and knowingly employs an individual who is not authorized to perform delegated nursing 5
920+duties under this subtitle. 6
969921
970- (iv) One shall be an adult medical day care nursing assistant;
922+ (b) If, after a hearing under § 8–317 of this title and § 8–6A–10.1 of this subtitle, 7
923+the Board finds that there are grounds under subsection (a) of this section to suspend or 8
924+revoke a certificate to practice as a certified nursing assistant, CERTIFIED DIALYSIS 9
925+TECHNICIAN, or certified medication technician, to reprimand a certificate holder, or place 10
926+a certificate holder on probation, the Board may impose a penalty not exceeding $500 11
927+instead of or in addition to suspending or revoking the certificate, reprimanding the 12
928+certificate holder, or placing the certificate holder on probation. 13
971929
972- (v) At least one of the nursing assistant members shall be a member
973-of a union; and
930+ (c) (1) If a certificate issued under this subtitle was suspended or revoked for 14
931+a period of more than 1 year, or if a period of more than 1 year has passed since a certificate 15
932+was surrendered, the Board may reinstate the certificate if the certificate holder: 16
974933
975- (vi) One shall be an independent contractor;
934+ (i) Applies to the Board for reinstatement; 17
976935
977- (2) Three shall be registered nurses:
936+ (ii) Meets the requirements for renewal under § 8–6A–08 of this 18
937+subtitle; 19
978938
979- (i) One shall be an acute care registered nurse;
939+ (iii) Meets any other requirements for reinstatement as established 20
940+by the Board in regulations; and 21
980941
981- (ii) One shall be a home care registered nurse; and
942+ (iv) Submits to a criminal history records check in accordance with § 22
943+8–303 of this title. 23
982944
983- (iii) One shall be a long–term care registered nurse;
945+ (2) If a certificate holder meets the requirements of paragraph (1) of this 24
946+subsection, the Board may: 25
984947
985- (3) [One] TWO shall be [an administrator] ADMINISTRATORS from [a]
986-licensed health care [facility] FACILITIES;
948+ (i) Reinstate the certificate; 26
987949
988- (4) One shall be a licensed practical nurse;
989- Ch. 681 2022 LAWS OF MARYLAND
950+ (ii) Reinstate the certificate subject to terms and conditions that the 27
951+Board considers necessary, including a period of probation; or 28
990952
991-– 22 –
992- (5) One shall be an individual who teaches a nursing assistant course;
953+ (iii) Deny reinstatement of the certificate. 29
993954
994- (6) One shall be a consumer member who has received care, or has a family
995-member who has received care from a nursing assistant;
955+8–6A–12. 30
996956
997- (7) One shall be a representative of the Department; [and]
957+ (a) Unless the Board agrees to accept the surrender of a certificate, a certified 31
958+nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified medication technician 32
959+may not surrender the certificate. 33 HOUSE BILL 218 21
998960
999- (8) One shall be a certified medication technician; AND
1000961
1001- (9) ONE SHALL BE A CERTIF IED DIALYSIS TECHNIC IAN.
1002962
1003-8–6A–14.1.
963+ (b) The Board may require terms and conditions on an agreement with the 1
964+certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified medication 2
965+technician to accept surrender of the certificate. 3
1004966
1005- The Board may make survey visits from time to time, without prior notice, to all
1006-Board–approved medication technician training AND DIALYSIS TECHNIC IAN TRAINING
1007-programs.
967+ (c) An agreement to accept the surrender of a certificate is a final order of the 4
968+Board and is a public record. 5
1008969
1009-8–6A–15.
970+8–6A–13. 6
1010971
1011- (a) If, during the review of an application for certification or investigation of an
1012-allegation brought against a certified nursing assistant, CERTIFIED DIALYSIS
1013-TECHNICIAN, or certified medication technician under this subtitle, the Board has reason
1014-to believe and objective evidence that the applicant, certified nursing assistant, CERTIFIED
1015-DIALYSIS TECHNICIAN , or certified medication technician may cause harm to a person
1016-affected by the practice of the applicant, certified nursing assistant, CERTIFIED DIALYSIS
1017-TECHNICIAN, or certified medication technician, the Board, on its own initiative, shall
1018-direct the applicant, certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or
1019-certified medication technician to submit to an appropriate examination by a health care
1020-provider designated by the Board.
972+ (a) The Board shall appoint an advisory committee consisting of at least [15] 17 7
973+members. 8
1021974
1022- (b) In return for the privilege to practice as a certified nursing assistant,
1023-CERTIFIED DIALYSIS T ECHNICIAN, or certified medication technician in the State, an
1024-applicant, certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified
1025-medication technician is deemed to have:
975+ (b) Of the [15] 17 committee members: 9
1026976
1027- (1) Consented to submit to an examination under this section if requested
1028-by the Board in writing; and
977+ (1) Six shall be nursing assistants: 10
1029978
1030- (2) Waived any legal claim of privilege as to the testimony or examination
1031-reports of the examining health care provider.
979+ (i) One shall be an acute care nursing assistant; 11
1032980
1033- (c) The failure or refusal of an applicant, certified nursing assistant, CERTIFIED
1034-DIALYSIS TECHNICIAN , or certified medication technician to submit to an examination
1035-required under subsection (b) of this section is prima facie evidence of the inability of the
1036-applicant, certified nursing assistant, CERTIFIED DIALYSI S TECHNICIAN, or certified LAWRENCE J. HOGAN, JR., Governor Ch. 681
981+ (ii) One shall be a home care nursing assistant; 12
1037982
1038-– 23 –
1039-medication technician to competently practice as a certified nursing assistant, CERTIFIED
1040-DIALYSIS TECHNICIAN , or certified medication technician, unless the Board finds that the
1041-failure or refusal was beyond the control of the applicant, certified nursing assistant,
1042-CERTIFIED DIALYSIS T ECHNICIAN, or certified medication technician.
983+ (iii) One shall be a long–term care nursing assistant; 13
1043984
1044- (d) The Board shall pay the cost of any examination made in accordance with the
1045-provisions of this section.
985+ (iv) One shall be an adult medical day care nursing assistant; 14
1046986
1047-8–701.
987+ (v) At least one of the nursing assistant members shall be a member 15
988+of a union; and 16
1048989
1049- (H) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITLE, AN INDIVIDUAL MAY
1050-NOT PRACTICE , ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE AS A CERTIFIED
1051-DIALYSIS TECHNICIAN UNLESS LICENSED CERTIFIED BY THE BOARD TO PRACTICE
1052-AS A CERTIFIED DIALY SIS TECHNICIAN.
990+ (vi) One shall be an independent contractor; 17
1053991
1054- [(h)] (I) An individual may not require a licensee to perform an act that is
1055-beyond the licensee’s knowledge and skills.
992+ (2) Three shall be registered nurses: 18
1056993
1057- [(i)] (J) An individual may not direct a licensee to delegate a nursing task to a
1058-nurse when the individual reasonably believes:
994+ (i) One shall be an acute care registered nurse; 19
1059995
1060- (1) The nurse lacks the knowledge and skills to perform the nursing task;
1061-or
996+ (ii) One shall be a home care registered nurse; and 20
1062997
1063- (2) The patient’s condition does not allow delegation of the nursing task.
998+ (iii) One shall be a long–term care registered nurse; 21
1064999
1065-8–703.
1000+ (3) [One] TWO shall be [an administrator] ADMINISTRATORS from [a] 22
1001+licensed health care [facility] FACILITIES; 23
10661002
1067- (a) (4) Unless authorized to provide patient care as a certified nursing
1068-assistant, DIALYSIS TECHNICIAN , or medication assistant under this title, an individual
1069-may not represent to the public by title, by description of services, methods, or procedures,
1070-or otherwise, that the individual is authorized to provide care as a certified nursing
1071-assistant, DIALYSIS TECHNICIAN , or medication assistant in this State.
1003+ (4) One shall be a licensed practical nurse; 24
10721004
1073- (J) UNLESS AUTHORIZED TO PRACTICE AS A CERTIF IED DIALYSIS
1074-TECHNICIAN UNDER THI S TITLE, AN INDIVIDUAL MAY NO T USE THE WORDS OR
1075-TERMS “DIALYSIS TECHNICIAN ” OR “CERTIFIED DIALYSIS T ECHNICIAN”, THE
1076-ABBREVIATION “C.D.T.”, OR ANY OTHER TITLE, SYMBOL, ABBREVIATION , SIGN,
1077-CARD, DEVICE, OR OTHER REPRESENTAT ION WITH THE INTENT TO REPRESENT
1078-THAT THE INDIVIDUAL PRACTICES AS A CERTI FIED DIALYSIS TECHNI CIAN.
1005+ (5) One shall be an individual who teaches a nursing assistant course; 25
10791006
1080-8–705.
1081- Ch. 681 2022 LAWS OF MARYLAND
1007+ (6) One shall be a consumer member who has received care, or has a family 26
1008+member who has received care from a nursing assistant; 27 22 HOUSE BILL 218
10821009
1083-– 24 –
1084- (F) AN INDIVIDUAL MAY NOT PRACTICE AS A CERTIF IED DIALYSIS
1085-TECHNICIAN UNDER C OLOR OF ANY DIPLOMA , LICENSE, RECORD, OR CERTIFICATE
1086-THAT IS:
10871010
1088- (1) ILLEGALLY OR FRAUDULE NTLY OBTAINED ; OR
10891011
1090- (2) SIGNED OR ISSUED UNLA WFULLY OR BY FRAUDUL ENT
1091-REPRESENTATION .
1012+ (7) One shall be a representative of the Department; [and] 1
10921013
1093-8–706.
1014+ (8) One shall be a certified medication technician; AND 2
10941015
1095- (H) AN INDIVIDUAL MAY NOT KNOWINGLY EMPLOY TO PRACTICE AS A
1096-CERTIFIED DIALYSIS T ECHNICIAN ANY INDIVI DUAL WHO IS NOT AUTH ORIZED TO
1097-PRACTICE AS A CERTIF IED DIALYSIS TECHNIC IAN UNDER THIS TITLE .
1016+ (9) ONE SHALL BE A CERTIFIED DIALYSIS TECHNICIAN . 3
10981017
1099- SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take ef fect July
1100-1, 2022.
1018+8–6A–14.1. 4
11011019
1102-Enacted under Article II, § 17(c) of the Maryland Constitution, May 29, 2022.
1020+ The Board may make survey visits from time to time, without prior notice, to all 5
1021+Board–approved medication technician training AND DIALYSIS TECHNIC IAN TRAINING 6
1022+programs. 7
1023+
1024+8–6A–15. 8
1025+
1026+ (a) If, during the review of an application for certification or investigation of an 9
1027+allegation brought against a certified nursing assistant, CERTIFIED DIALYSIS 10
1028+TECHNICIAN, or certified medication technician under this subtitle, the Board has reason 11
1029+to believe and objective evidence that the applicant, certified nursing assistant, CERTIFIED 12
1030+DIALYSIS TECHNICIAN , or certified medication technician may cause harm to a person 13
1031+affected by the practice of the applicant, certified nursing assistant, CERTIFIED DIALYSIS 14
1032+TECHNICIAN, or certified medication technician, the Board, on its own initiative, shall 15
1033+direct the applicant, certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or 16
1034+certified medication technician to submit to an appropriate examination by a health care 17
1035+provider designated by the Board. 18
1036+
1037+ (b) In return for the privilege to practice as a certified nursing assistant, 19
1038+CERTIFIED DIALYSIS T ECHNICIAN, or certified medication technician in the State, an 20
1039+applicant, certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified 21
1040+medication technician is deemed to have: 22
1041+
1042+ (1) Consented to submit to an examination under this section if requested 23
1043+by the Board in writing; and 24
1044+
1045+ (2) Waived any legal claim of privilege as to the testimony or examination 25
1046+reports of the examining health care provider. 26
1047+
1048+ (c) The failure or refusal of an applicant, certified nursing assistant, CERTIFIED 27
1049+DIALYSIS TECHNICIAN , or certified medication technician to submit to an examination 28
1050+required under subsection (b) of this section is prima facie evidence of the inability of the 29
1051+applicant, certified nursing assistant, CERTIFIED DIALYSIS T ECHNICIAN, or certified 30
1052+medication technician to competently practice as a certified nursing assistant, CERTIFIED 31
1053+DIALYSIS TECHNICIAN , or certified medication technician, unless the Board finds that the 32
1054+failure or refusal was beyond the control of the applicant, certified nursing assistant, 33
1055+CERTIFIED DIALYSIS T ECHNICIAN, or certified medication technician. 34 HOUSE BILL 218 23
1056+
1057+
1058+
1059+ (d) The Board shall pay the cost of any examination made in accordance with the 1
1060+provisions of this section. 2
1061+
1062+8–701. 3
1063+
1064+ (H) EXCEPT AS OTHERWISE P ROVIDED IN THIS TITL E, AN INDIVIDUAL MAY 4
1065+NOT PRACTICE , ATTEMPT TO PRACTICE , OR OFFER TO PRACTICE AS A CERTIFIED 5
1066+DIALYSIS TECHNICIAN UNLESS LICENSED CERTIFIED BY THE BOARD TO PRACTICE 6
1067+AS A CERTIFIED DIALY SIS TECHNICIAN. 7
1068+
1069+ [(h)] (I) An individual may not require a licensee to perform an act that is 8
1070+beyond the licensee’s knowledge and skills. 9
1071+
1072+ [(i)] (J) An individual may not direct a licensee to delegate a nursing task to a 10
1073+nurse when the individual reasonably believes: 11
1074+
1075+ (1) The nurse lacks the knowledge and skills to perform the nursing task; 12
1076+or 13
1077+
1078+ (2) The patient’s condition does not allow delegation of the nursing task. 14
1079+
1080+8–703. 15
1081+
1082+ (a) (4) Unless authorized to provide patient care as a certified nursing 16
1083+assistant, DIALYSIS TECHNICIAN , or medication assistant under this title, an individual 17
1084+may not represent to the public by title, by description of services, methods, or procedures, 18
1085+or otherwise, that the individual is authorized to provide care as a certified nursing 19
1086+assistant, DIALYSIS TECHNICIAN , or medication assistant in this State. 20
1087+
1088+ (J) UNLESS AUTHORIZED TO PRACTICE AS A CERTIF IED DIALYSIS 21
1089+TECHNICIAN UNDER THI S TITLE, AN INDIVIDUAL MAY NO T USE THE WORDS OR 22
1090+TERMS “DIALYSIS TECHNICIAN ” OR “CERTIFIED DIALYSIS T ECHNICIAN”, THE 23
1091+ABBREVIATION “C.D.T.”, OR ANY OTHER TITLE , SYMBOL, ABBREVIATION , SIGN, 24
1092+CARD, DEVICE, OR OTHER REPRESENTAT ION WITH THE INTENT TO REPRESENT 25
1093+THAT THE INDIVIDUAL PRACTICES AS A CERTI FIED DIALYSIS TECHNICIAN. 26
1094+
1095+8–705. 27
1096+
1097+ (F) AN INDIVIDUAL MAY NOT PRACTICE AS A CERTIF IED DIALYSIS 28
1098+TECHNICIAN UNDER COL OR OF ANY DIPLOMA , LICENSE, RECORD, OR CERTIFICATE 29
1099+THAT IS: 30
1100+
1101+ (1) ILLEGALLY OR FRAUDULE NTLY OBTAINED ; OR 31
1102+ 24 HOUSE BILL 218
1103+
1104+
1105+ (2) SIGNED OR ISSUED UNLA WFULLY OR BY FRAUDU LENT 1
1106+REPRESENTATION . 2
1107+
1108+8–706. 3
1109+
1110+ (H) AN INDIVIDUAL MAY NOT KNOWINGLY EMPLOY TO PRACTICE AS A 4
1111+CERTIFIED DIALYSIS T ECHNICIAN ANY INDIVI DUAL WHO IS NOT AUTH ORIZED TO 5
1112+PRACTICE AS A CERTIF IED DIALYSIS TECHNIC IAN UNDER THIS TITLE . 6
1113+
1114+ SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect July 7
1115+1, 2022. 8
1116+
1117+
1118+
1119+
1120+Approved:
1121+________________________________________________________________________________
1122+ Governor.
1123+________________________________________________________________________________
1124+ Speaker of the House of Delegates.
1125+________________________________________________________________________________
1126+ President of the Senate.