| 1 | 1 | | |
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| 2 | 2 | | |
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| 3 | 3 | | EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW. |
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| 4 | 4 | | [Brackets] indicate matter deleted from existing law. |
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| 5 | 5 | | *sb0370* |
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| 6 | 6 | | |
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| 7 | 7 | | SENATE BILL 370 |
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| 8 | 8 | | J2 3lr2128 |
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| 9 | 9 | | CF HB 531 |
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| 10 | 10 | | By: Senator Beidle |
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| 11 | 11 | | Introduced and read first time: February 1, 2023 |
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| 12 | 12 | | Assigned to: Finance |
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| 13 | 13 | | |
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| 14 | 14 | | A BILL ENTITLED |
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| 15 | 15 | | |
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| 16 | 16 | | AN ACT concerning 1 |
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| 17 | 17 | | |
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| 18 | 18 | | Certified Nursing Assistants – Licensing Requirements and Administrative 2 |
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| 19 | 19 | | Updates 3 |
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| 20 | 20 | | |
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| 21 | 21 | | FOR the purpose of requiring a certified nursing assistant to successfully complete an 4 |
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| 22 | 22 | | approved nursing assistant training program meeting certain requirements; 5 |
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| 23 | 23 | | requiring the State Board of Nursing to provide certain notifications to geriatric 6 |
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| 24 | 24 | | nursing assistants and nursing homes regarding certain provisions of this Act; 7 |
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| 25 | 25 | | requiring the Board to update the title of geriatric nursing assistants on the renewal 8 |
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| 26 | 26 | | of a license; and generally relating to the licensing of certified nursing assistants. 9 |
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| 27 | 27 | | |
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| 28 | 28 | | BY repealing and reenacting, with amendments, 10 |
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| 29 | 29 | | Article – Health – General 11 |
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| 30 | 30 | | Section 19–1410(b)(2)(vi), 19–1410.2, and 24–1901(e) 12 |
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| 31 | 31 | | Annotated Code of Maryland 13 |
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| 32 | 32 | | (2019 Replacement Volume and 2022 Supplement) 14 |
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| 33 | 33 | | |
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| 34 | 34 | | BY repealing and reenacting, without amendments, 15 |
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| 35 | 35 | | Article – Health – General 16 |
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| 36 | 36 | | Section 24–1901(a) 17 |
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| 37 | 37 | | Annotated Code of Maryland 18 |
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| 38 | 38 | | (2019 Replacement Volume and 2022 Supplement) 19 |
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| 39 | 39 | | |
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| 40 | 40 | | BY repealing and reenacting, with amendments, 20 |
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| 41 | 41 | | Article – Health Occupations 21 |
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| 42 | 42 | | Section 8–6A–01 and 8–6A–14 22 |
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| 43 | 43 | | Annotated Code of Maryland 23 |
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| 44 | 44 | | (2021 Replacement Volume and 2022 Supplement) 24 |
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| 45 | 45 | | |
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| 46 | 46 | | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 25 |
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| 47 | 47 | | That the Laws of Maryland read as follows: 26 |
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| 48 | 48 | | 2 SENATE BILL 370 |
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| 49 | 49 | | |
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| 50 | 50 | | |
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| 51 | 51 | | Article – Health – General 1 |
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| 52 | 52 | | |
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| 53 | 53 | | 19–1410. 2 |
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| 54 | 54 | | |
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| 55 | 55 | | (b) (2) Each nursing home shall establish a quality assurance committee and 3 |
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| 56 | 56 | | shall include at least the following members: 4 |
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| 57 | 57 | | |
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| 58 | 58 | | (vi) A [geriatric] CERTIFIED nursing assistant. 5 |
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| 59 | 59 | | |
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| 60 | 60 | | 19–1410.2. 6 |
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| 61 | 61 | | |
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| 62 | 62 | | (a) In this section, “workplace safety” means the prevention of any physical 7 |
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| 63 | 63 | | assault or threatening behavior against an employee in a nursing home. 8 |
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| 64 | 64 | | |
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| 65 | 65 | | (b) This section applies to nursing homes that are licensed for 45 beds or more. 9 |
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| 66 | 66 | | |
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| 67 | 67 | | (c) Each nursing home shall assign to an appropriate committee the task of: 10 |
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| 68 | 68 | | |
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| 69 | 69 | | (1) Conducting an annual assessment of workplace safety issues; and 11 |
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| 70 | 70 | | |
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| 71 | 71 | | (2) Making recommendations to the nursing home for reducing workplace 12 |
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| 72 | 72 | | injuries. 13 |
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| 73 | 73 | | |
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| 74 | 74 | | (d) In conducting an annual assessment of workplace safety issues, the committee 14 |
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| 75 | 75 | | assigned to conduct the assessment under subsection (c)(1) of this section shall consult with 15 |
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| 76 | 76 | | [geriatric] CERTIFIED nursing assistants and other employees of the nursing home who 16 |
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| 77 | 77 | | are involved in assisting residents with activities of daily living. 17 |
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| 78 | 78 | | |
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| 79 | 79 | | 24–1901. 18 |
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| 80 | 80 | | |
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| 81 | 81 | | (a) In this subtitle the following words have the meanings indicated. 19 |
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| 82 | 82 | | |
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| 83 | 83 | | (e) “Nursing support staff” includes: 20 |
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| 84 | 84 | | |
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| 85 | 85 | | (1) A certified medication technician, as defined in § 8–6A–01(h) of the 21 |
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| 86 | 86 | | Health Occupations Article; 22 |
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| 87 | 87 | | |
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| 88 | 88 | | (2) A certified medicine aide, as defined in § 8–6A–01(i) of the Health 23 |
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| 89 | 89 | | Occupations Article; AND 24 |
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| 90 | 90 | | |
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| 91 | 91 | | (3) A certified nursing assistant, as defined in § 8–6A–01(j) of the Health 25 |
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| 92 | 92 | | Occupations Article[; and 26 |
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| 93 | 93 | | |
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| 94 | 94 | | (4) A geriatric nursing assistant, as defined in § 8–6A–01(m) of the Health 27 |
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| 95 | 95 | | Occupations Article]. 28 |
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| 96 | 96 | | |
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| 97 | 97 | | Article – Health Occupations 29 SENATE BILL 370 3 |
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| 98 | 98 | | |
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| 99 | 99 | | |
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| 100 | 100 | | |
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| 101 | 101 | | 8–6A–01. 1 |
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| 102 | 102 | | |
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| 103 | 103 | | (a) In this subtitle the following words have the meanings indicated. 2 |
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| 104 | 104 | | |
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| 105 | 105 | | (b) “Applicant” means, unless the context requires otherwise: 3 |
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| 106 | 106 | | |
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| 107 | 107 | | (1) An individual applying for an initial certificate by examination or 4 |
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| 108 | 108 | | endorsement; 5 |
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| 109 | 109 | | |
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| 110 | 110 | | (2) A certificate holder applying for renewal of a certificate; or 6 |
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| 111 | 111 | | |
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| 112 | 112 | | (3) An individual applying for reinstatement of a certificate in accordance 7 |
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| 113 | 113 | | with § 8–6A–10 of this subtitle. 8 |
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| 114 | 114 | | |
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| 115 | 115 | | (c) (1) “Approved dialysis technician training program” means a course of 9 |
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| 116 | 116 | | training approved by the Board that: 10 |
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| 117 | 117 | | |
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| 118 | 118 | | (i) Prepares the applicant for national certification; 11 |
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| 119 | 119 | | |
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| 120 | 120 | | (ii) Meets the requirements of 42 C.F.R. § 494.140(e)(3); and 12 |
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| 121 | 121 | | |
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| 122 | 122 | | (iii) Meets the requirements set by the Board in regulation. 13 |
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| 123 | 123 | | |
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| 124 | 124 | | (2) “Approved dialysis technician training program” includes the courses 14 |
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| 125 | 125 | | required for national certification as: 15 |
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| 126 | 126 | | |
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| 127 | 127 | | (i) A Certified Clinical Hemodialysis Technician by the Nephrology 16 |
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| 128 | 128 | | Nursing Certification Commission; 17 |
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| 129 | 129 | | |
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| 130 | 130 | | (ii) A Clinical Nephrology Technician by the National Nephrology 18 |
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| 131 | 131 | | Certification Organization; or 19 |
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| 132 | 132 | | |
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| 133 | 133 | | (iii) A Certified Hemodialysis Technician by the Board of Nephrology 20 |
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| 134 | 134 | | Examiners Nursing Technology. 21 |
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| 135 | 135 | | |
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| 136 | 136 | | (d) “Approved medication technician training program” means a course of 22 |
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| 137 | 137 | | training approved by the Board that meets the basic medication technician core curriculum 23 |
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| 138 | 138 | | and the medication technician content training specific to the setting in which the 24 |
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| 139 | 139 | | medication technician will work. 25 |
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| 140 | 140 | | |
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| 141 | 141 | | (e) “Approved nursing assistant training program” means a course of training 26 |
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| 142 | 142 | | that [meets]: 27 |
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| 143 | 143 | | |
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| 144 | 144 | | (1) MEETS the basic nursing assistant curriculum REQUIRED UNDER 28 |
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| 145 | 145 | | FEDERAL AND STATE LAW; AND 29 |
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| 146 | 146 | | 4 SENATE BILL 370 |
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| 147 | 147 | | |
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| 148 | 148 | | |
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| 149 | 149 | | (2) IS prescribed and approved by the Board. 1 |
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| 150 | 150 | | |
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| 151 | 151 | | (f) “Board” means the State Board of Nursing. 2 |
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| 152 | 152 | | |
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| 153 | 153 | | (g) “Certificate” means a certificate issued by the Board to practice as a certified 3 |
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| 154 | 154 | | nursing assistant, a certified dialysis technician, or a certified medication technician in the 4 |
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| 155 | 155 | | State. 5 |
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| 156 | 156 | | |
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| 157 | 157 | | (h) “Certificate holder” means a certified nursing assistant, dialysis technician, 6 |
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| 158 | 158 | | or medication technician who has: 7 |
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| 159 | 159 | | |
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| 160 | 160 | | (1) An active certificate; 8 |
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| 161 | 161 | | |
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| 162 | 162 | | (2) An inactive certificate; 9 |
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| 163 | 163 | | |
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| 164 | 164 | | (3) A temporary certificate; 10 |
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| 165 | 165 | | |
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| 166 | 166 | | (4) An expired temporary certificate; 11 |
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| 167 | 167 | | |
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| 168 | 168 | | (5) An expired certificate; 12 |
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| 169 | 169 | | |
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| 170 | 170 | | (6) A lapsed certificate; 13 |
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| 171 | 171 | | |
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| 172 | 172 | | (7) A suspended certificate; or 14 |
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| 173 | 173 | | |
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| 174 | 174 | | (8) A certificate subject to a reprimand, probation, or suspension. 15 |
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| 175 | 175 | | |
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| 176 | 176 | | (i) “Certified dialysis technician” means an individual who: 16 |
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| 177 | 177 | | |
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| 178 | 178 | | (1) Has completed a Board–approved dialysis technician program; and 17 |
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| 179 | 179 | | |
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| 180 | 180 | | (2) Is certified by the Board as a dialysis technician. 18 |
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| 181 | 181 | | |
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| 182 | 182 | | (j) “Certified medication technician” means an individual who: 19 |
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| 183 | 183 | | |
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| 184 | 184 | | (1) Has completed a Board–approved medication technician training 20 |
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| 185 | 185 | | program; and 21 |
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| 186 | 186 | | |
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| 187 | 187 | | (2) Is certified by the Board as a medication technician. 22 |
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| 188 | 188 | | |
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| 189 | 189 | | (k) “Certified medicine aide” means a certified nursing assistant who has 23 |
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| 190 | 190 | | completed a Board–approved course in medication administration. 24 |
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| 191 | 191 | | |
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| 192 | 192 | | (l) “Certified nursing assistant”: 25 |
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| 193 | 193 | | |
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| 194 | 194 | | (1) Means an individual regardless of title who [routinely]: 26 |
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| 195 | 195 | | SENATE BILL 370 5 |
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| 196 | 196 | | |
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| 197 | 197 | | |
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| 198 | 198 | | (I) ROUTINELY performs nursing tasks delegated by a registered 1 |
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| 199 | 199 | | nurse or licensed practical nurse for compensation; and 2 |
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| 200 | 200 | | |
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| 201 | 201 | | (II) HAS SUCCESSFULLY COMP LETED AN APPROVED NU RSING 3 |
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| 202 | 202 | | ASSISTANT TRAINING P ROGRAM; AND 4 |
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| 203 | 203 | | |
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| 204 | 204 | | (2) Does not include a certified dialysis technician or a certified medication 5 |
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| 205 | 205 | | technician. 6 |
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| 206 | 206 | | |
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| 207 | 207 | | [(m) “Department” means the Maryland Department of Health.] 7 |
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| 208 | 208 | | |
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| 209 | 209 | | [(n)] (M) “Expired certificate” means a certificate that was not renewed before 8 |
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| 210 | 210 | | the expiration date of the certificate as established under § 8–6A–08(a) of this title. 9 |
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| 211 | 211 | | |
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| 212 | 212 | | [(o) “Geriatric nursing assistant” means a certified nursing assistant who has 10 |
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| 213 | 213 | | successfully completed the requirements for geriatric nursing assistant mandated under 11 |
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| 214 | 214 | | federal law and the regulations of the Board.] 12 |
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| 215 | 215 | | |
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| 216 | 216 | | [(p)] (N) “Lapsed certificate” means a certificate that was not renewed because 13 |
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| 217 | 217 | | a certificate holder failed to renew the certificate or otherwise did not meet the renewal 14 |
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| 218 | 218 | | requirements of this subtitle. 15 |
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| 219 | 219 | | |
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| 220 | 220 | | 8–6A–14. 16 |
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| 221 | 221 | | |
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| 222 | 222 | | (a) The Board, in conjunction with the Maryland Higher Education Commission, 17 |
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| 223 | 223 | | shall approve each nursing assistant training program prior to its implementation and 18 |
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| 224 | 224 | | provide periodic survey of all programs in the State. 19 |
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| 225 | 225 | | |
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| 226 | 226 | | (b) The Board in conjunction with the Department, Maryland Higher Education 20 |
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| 227 | 227 | | Commission, and the affected industry shall develop regulations for nursing assistant 21 |
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| 228 | 228 | | training programs. 22 |
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| 229 | 229 | | |
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| 230 | 230 | | (c) The curriculum content for an approved nursing assistant training program 23 |
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| 231 | 231 | | shall include: 24 |
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| 232 | 232 | | |
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| 233 | 233 | | (1) Content consistent with State licensing requirements in the Health – 25 |
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| 234 | 234 | | General Article and all federal requirements; 26 |
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| 235 | 235 | | |
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| 236 | 236 | | (2) All basic skills required of a nursing assistant regardless of the setting 27 |
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| 237 | 237 | | of the practice; and 28 |
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| 238 | 238 | | |
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| 239 | 239 | | (3) Any skills required for certification in a specific category. 29 |
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| 240 | 240 | | |
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| 241 | 241 | | (d) Any additional clinical practice skills specific to a setting of practice shall be 30 |
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| 242 | 242 | | taught in that setting as a part of the employment training process in that setting. 31 |
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| 243 | 243 | | 6 SENATE BILL 370 |
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| 244 | 244 | | |
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| 245 | 245 | | |
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| 246 | 246 | | (e) The Board may make survey visits from time to time, without prior notice, to 1 |
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| 247 | 247 | | all certified nursing assistant training programs. 2 |
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| 248 | 248 | | |
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| 249 | 249 | | (f) The provisions of this section may not be interpreted to impose additional 3 |
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| 250 | 250 | | requirements for [geriatric] CERTIFIED nursing assistants beyond those required under 4 |
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| 251 | 251 | | federal law. 5 |
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| 252 | 252 | | |
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| 253 | 253 | | (g) The Board shall approve the use of a nursing assistant training site by a 6 |
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| 254 | 254 | | nursing assistant training program within 45 days after the nursing assistant training 7 |
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| 255 | 255 | | program applies for approval if the nursing assistant training program had previously been 8 |
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| 256 | 256 | | approved to use the training site by the Board. 9 |
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| 257 | 257 | | |
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| 258 | 258 | | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2023, 10 |
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| 259 | 259 | | the State Board of Nursing shall: 11 |
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| 260 | 260 | | |
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| 261 | 261 | | (1) notify individuals who possess a nursing assistant certification with the 12 |
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| 262 | 262 | | designation of geriatric nursing assistant of the licensing requirements established under 13 |
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| 263 | 263 | | this Act; 14 |
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| 264 | 264 | | |
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| 265 | 265 | | (2) update, as necessary, the certification of individuals who possess a 15 |
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| 266 | 266 | | nursing assistant certification with the designation of geriatric nursing assistant on 16 |
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| 267 | 267 | | renewal; 17 |
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| 268 | 268 | | |
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| 269 | 269 | | (3) in consultation with the Office of Health Care Quality, update 18 |
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| 270 | 270 | | regulations to conform with this Act; and 19 |
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| 271 | 271 | | |
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| 272 | 272 | | (4) in consultation with the Office of Health Care Quality, send a notice to 20 |
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| 273 | 273 | | all licensed nursing homes in the State regarding the ability to employ nursing assistants 21 |
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| 274 | 274 | | who successfully complete an approved nursing assistant training program and are 22 |
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| 275 | 275 | | certified by the Board without the designation of geriatric nursing assistant to perform 23 |
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| 276 | 276 | | delegated tasks. 24 |
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| 277 | 277 | | |
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| 278 | 278 | | SECTION 3. AND BE IT FURTHER ENACTED, That this Act shall take effect June 25 |
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| 279 | 279 | | 1, 2023. 26 |
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| 280 | 280 | | |
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