EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*sb0370*
SENATE BILL 370
J2 3lr2128
CF HB 531
By: Senator Beidle
Introduced and read first time: February 1, 2023
Assigned to: Finance
A BILL ENTITLED
AN ACT concerning 1
Certified Nursing Assistants – Licensing Requirements and Administrative 2
Updates 3
FOR the purpose of requiring a certified nursing assistant to successfully complete an 4
approved nursing assistant training program meeting certain requirements; 5
requiring the State Board of Nursing to provide certain notifications to geriatric 6
nursing assistants and nursing homes regarding certain provisions of this Act; 7
requiring the Board to update the title of geriatric nursing assistants on the renewal 8
of a license; and generally relating to the licensing of certified nursing assistants. 9
BY repealing and reenacting, with amendments, 10
Article – Health – General 11
Section 19–1410(b)(2)(vi), 19–1410.2, and 24–1901(e) 12
Annotated Code of Maryland 13
(2019 Replacement Volume and 2022 Supplement) 14
BY repealing and reenacting, without amendments, 15
Article – Health – General 16
Section 24–1901(a) 17
Annotated Code of Maryland 18
(2019 Replacement Volume and 2022 Supplement) 19
BY repealing and reenacting, with amendments, 20
Article – Health Occupations 21
Section 8–6A–01 and 8–6A–14 22
Annotated Code of Maryland 23
(2021 Replacement Volume and 2022 Supplement) 24
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25
That the Laws of Maryland read as follows: 26
2 SENATE BILL 370
Article – Health – General 1
19–1410. 2
(b) (2) Each nursing home shall establish a quality assurance committee and 3
shall include at least the following members: 4
(vi) A [geriatric] CERTIFIED nursing assistant. 5
19–1410.2. 6
(a) In this section, “workplace safety” means the prevention of any physical 7
assault or threatening behavior against an employee in a nursing home. 8
(b) This section applies to nursing homes that are licensed for 45 beds or more. 9
(c) Each nursing home shall assign to an appropriate committee the task of: 10
(1) Conducting an annual assessment of workplace safety issues; and 11
(2) Making recommendations to the nursing home for reducing workplace 12
injuries. 13
(d) In conducting an annual assessment of workplace safety issues, the committee 14
assigned to conduct the assessment under subsection (c)(1) of this section shall consult with 15
[geriatric] CERTIFIED nursing assistants and other employees of the nursing home who 16
are involved in assisting residents with activities of daily living. 17
24–1901. 18
(a) In this subtitle the following words have the meanings indicated. 19
(e) “Nursing support staff” includes: 20
(1) A certified medication technician, as defined in § 8–6A–01(h) of the 21
Health Occupations Article; 22
(2) A certified medicine aide, as defined in § 8–6A–01(i) of the Health 23
Occupations Article; AND 24
(3) A certified nursing assistant, as defined in § 8–6A–01(j) of the Health 25
Occupations Article[; and 26
(4) A geriatric nursing assistant, as defined in § 8–6A–01(m) of the Health 27
Occupations Article]. 28
Article – Health Occupations 29 SENATE BILL 370 3
8–6A–01. 1
(a) In this subtitle the following words have the meanings indicated. 2
(b) “Applicant” means, unless the context requires otherwise: 3
(1) An individual applying for an initial certificate by examination or 4
endorsement; 5
(2) A certificate holder applying for renewal of a certificate; or 6
(3) An individual applying for reinstatement of a certificate in accordance 7
with § 8–6A–10 of this subtitle. 8
(c) (1) “Approved dialysis technician training program” means a course of 9
training approved by the Board that: 10
(i) Prepares the applicant for national certification; 11
(ii) Meets the requirements of 42 C.F.R. § 494.140(e)(3); and 12
(iii) Meets the requirements set by the Board in regulation. 13
(2) “Approved dialysis technician training program” includes the courses 14
required for national certification as: 15
(i) A Certified Clinical Hemodialysis Technician by the Nephrology 16
Nursing Certification Commission; 17
(ii) A Clinical Nephrology Technician by the National Nephrology 18
Certification Organization; or 19
(iii) A Certified Hemodialysis Technician by the Board of Nephrology 20
Examiners Nursing Technology. 21
(d) “Approved medication technician training program” means a course of 22
training approved by the Board that meets the basic medication technician core curriculum 23
and the medication technician content training specific to the setting in which the 24
medication technician will work. 25
(e) “Approved nursing assistant training program” means a course of training 26
that [meets]: 27
(1) MEETS the basic nursing assistant curriculum REQUIRED UNDER 28
FEDERAL AND STATE LAW; AND 29
4 SENATE BILL 370
(2) IS prescribed and approved by the Board. 1
(f) “Board” means the State Board of Nursing. 2
(g) “Certificate” means a certificate issued by the Board to practice as a certified 3
nursing assistant, a certified dialysis technician, or a certified medication technician in the 4
State. 5
(h) “Certificate holder” means a certified nursing assistant, dialysis technician, 6
or medication technician who has: 7
(1) An active certificate; 8
(2) An inactive certificate; 9
(3) A temporary certificate; 10
(4) An expired temporary certificate; 11
(5) An expired certificate; 12
(6) A lapsed certificate; 13
(7) A suspended certificate; or 14
(8) A certificate subject to a reprimand, probation, or suspension. 15
(i) “Certified dialysis technician” means an individual who: 16
(1) Has completed a Board–approved dialysis technician program; and 17
(2) Is certified by the Board as a dialysis technician. 18
(j) “Certified medication technician” means an individual who: 19
(1) Has completed a Board–approved medication technician training 20
program; and 21
(2) Is certified by the Board as a medication technician. 22
(k) “Certified medicine aide” means a certified nursing assistant who has 23
completed a Board–approved course in medication administration. 24
(l) “Certified nursing assistant”: 25
(1) Means an individual regardless of title who [routinely]: 26
SENATE BILL 370 5
(I) ROUTINELY performs nursing tasks delegated by a registered 1
nurse or licensed practical nurse for compensation; and 2
(II) HAS SUCCESSFULLY COMP LETED AN APPROVED NU RSING 3
ASSISTANT TRAINING P ROGRAM; AND 4
(2) Does not include a certified dialysis technician or a certified medication 5
technician. 6
[(m) “Department” means the Maryland Department of Health.] 7
[(n)] (M) “Expired certificate” means a certificate that was not renewed before 8
the expiration date of the certificate as established under § 8–6A–08(a) of this title. 9
[(o) “Geriatric nursing assistant” means a certified nursing assistant who has 10
successfully completed the requirements for geriatric nursing assistant mandated under 11
federal law and the regulations of the Board.] 12
[(p)] (N) “Lapsed certificate” means a certificate that was not renewed because 13
a certificate holder failed to renew the certificate or otherwise did not meet the renewal 14
requirements of this subtitle. 15
8–6A–14. 16
(a) The Board, in conjunction with the Maryland Higher Education Commission, 17
shall approve each nursing assistant training program prior to its implementation and 18
provide periodic survey of all programs in the State. 19
(b) The Board in conjunction with the Department, Maryland Higher Education 20
Commission, and the affected industry shall develop regulations for nursing assistant 21
training programs. 22
(c) The curriculum content for an approved nursing assistant training program 23
shall include: 24
(1) Content consistent with State licensing requirements in the Health – 25
General Article and all federal requirements; 26
(2) All basic skills required of a nursing assistant regardless of the setting 27
of the practice; and 28
(3) Any skills required for certification in a specific category. 29
(d) Any additional clinical practice skills specific to a setting of practice shall be 30
taught in that setting as a part of the employment training process in that setting. 31
6 SENATE BILL 370
(e) The Board may make survey visits from time to time, without prior notice, to 1
all certified nursing assistant training programs. 2
(f) The provisions of this section may not be interpreted to impose additional 3
requirements for [geriatric] CERTIFIED nursing assistants beyond those required under 4
federal law. 5
(g) The Board shall approve the use of a nursing assistant training site by a 6
nursing assistant training program within 45 days after the nursing assistant training 7
program applies for approval if the nursing assistant training program had previously been 8
approved to use the training site by the Board. 9
SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2023, 10
the State Board of Nursing shall: 11
(1) notify individuals who possess a nursing assistant certification with the 12
designation of geriatric nursing assistant of the licensing requirements established under 13
this Act; 14
(2) update, as necessary, the certification of individuals who possess a 15
nursing assistant certification with the designation of geriatric nursing assistant on 16
renewal; 17
(3) in consultation with the Office of Health Care Quality, update 18
regulations to conform with this Act; and 19
(4) in consultation with the Office of Health Care Quality, send a notice to 20
all licensed nursing homes in the State regarding the ability to employ nursing assistants 21
who successfully complete an approved nursing assistant training program and are 22
certified by the Board without the designation of geriatric nursing assistant to perform 23
delegated tasks. 24
SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25
1, 2023. 26