Old | New | Differences | |
---|---|---|---|
1 | - | WES MOORE, Governor Ch. 819 | |
2 | 1 | ||
3 | - | – 1 – | |
4 | - | Chapter 819 | |
5 | - | (Senate Bill 999) | |
6 | 2 | ||
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 | + | *sb0999* | |
8 | 9 | ||
9 | - | Certified Nursing Assistants – Licensing Requirements and Administrative | |
10 | - | Updates | |
10 | + | SENATE BILL 999 | |
11 | + | J2 4lr2458 | |
12 | + | SB 370/23 – FIN CF HB 1125 | |
13 | + | By: Senator Beidle | |
14 | + | Introduced and read first time: February 2, 2024 | |
15 | + | Assigned to: Finance | |
16 | + | Committee Report: Favorable with amendments | |
17 | + | Senate action: Adopted | |
18 | + | Read second time: February 29, 2024 | |
11 | 19 | ||
12 | - | FOR the purpose of exempting an individual who practices as a certain nursing assistant | |
13 | - | for less than a certain number of months under federal regulations from the State’s | |
14 | - | certification requirement; altering the designation of, and licensure requirements | |
15 | - | for, certified nursing assistants and geriatric nursing assistants; requiring an | |
16 | - | applicant for certification as a certified nursing assistant to complete a nursing | |
17 | - | assistant competency evaluation; authorizing an approved acute care nursing | |
18 | - | assistant training program to request a waiver of certain federal requirements; and | |
19 | - | generally relating to the licensing of certified nursing assistants. | |
20 | + | CHAPTER ______ | |
20 | 21 | ||
21 | - | BY repealing and reenacting, with amendments, | |
22 | - | Article – Health – General | |
23 | - | Section 19–1410(b)(2)(vi), 19–1410.2, and 24–1901(e) | |
24 | - | Annotated Code of Maryland | |
25 | - | (2023 Replacement Volume) | |
22 | + | AN ACT concerning 1 | |
26 | 23 | ||
27 | - | BY repealing and reenacting, without amendments, | |
28 | - | Article – Health – General | |
29 | - | Section 24–1901(a) | |
30 | - | Annotated Code of Maryland | |
31 | - | (2023 Replacement Volume) | |
24 | + | Certified Nursing Assistants – Licensing Requirements and Administrative 2 | |
25 | + | Updates 3 | |
32 | 26 | ||
33 | - | BY repealing and reenacting, with amendments, | |
34 | - | Article – Health Occupations | |
35 | - | Section 8–6A–01, 8–6A–02(b) and (c), 8–6A–05, 8–6A–07(b) and (c), 8–6A–08(c) and | |
36 | - | (n), 8–6A–14, 8–701(c), and 8–703(a)(6) and (7) | |
37 | - | Annotated Code of Maryland | |
38 | - | (2021 Replacement Volume and 2023 Supplement) | |
27 | + | FOR the purpose of exempting an individual who practices as a certain nursing assistant 4 | |
28 | + | for less than a certain number of months under federal regulations from the State’s 5 | |
29 | + | certification requirement; altering the designation of, and licensure requirements 6 | |
30 | + | for, certified nursing assistants and geriatric nursing assistants; requiring an 7 | |
31 | + | applicant for certification as a certified nursing assistant to complete a nursing 8 | |
32 | + | assistant competency evaluation; authorizing an approved acute care nursing 9 | |
33 | + | assistant training program to request a waiver of certain federal requirements; and 10 | |
34 | + | generally relating to the licensing of certified nursing assistants. 11 | |
39 | 35 | ||
40 | - | BY repealing and reenacting, | |
41 | - | Article – Health | |
42 | - | Section | |
43 | - | Annotated Code of Maryland | |
44 | - | ( | |
36 | + | BY repealing and reenacting, with amendments, 12 | |
37 | + | Article – Health – General 13 | |
38 | + | Section 19–1410(b)(2)(vi), 19–1410.2, and 24–1901(e) 14 | |
39 | + | Annotated Code of Maryland 15 | |
40 | + | (2023 Replacement Volume) 16 | |
45 | 41 | ||
46 | - | BY repealing | |
47 | - | Article – Health Occupations | |
48 | - | Section 8–703(a)(5) | |
49 | - | Annotated Code of Maryland Ch. 819 2024 LAWS OF MARYLAND | |
42 | + | BY repealing and reenacting, without amendments, 17 | |
43 | + | Article – Health – General 18 | |
44 | + | Section 24–1901(a) 19 | |
45 | + | Annotated Code of Maryland 20 | |
46 | + | (2023 Replacement Volume) 21 | |
50 | 47 | ||
51 | - | – 2 – | |
52 | - | (2021 Replacement Volume and 2023 Supplement) | |
48 | + | BY repealing and reenacting, with amendments, 22 2 SENATE BILL 999 | |
53 | 49 | ||
54 | - | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, | |
55 | - | That the Laws of Maryland read as follows: | |
56 | 50 | ||
57 | - | Article – Health – General | |
51 | + | Article – Health Occupations 1 | |
52 | + | Section 8–6A–01, 8–6A–02(b) and (c), 8–6A–05, 8–6A–07(b) and (c), 8–6A–08(c) and 2 | |
53 | + | (n), 8–6A–14, 8–701(c), and 8–703(a)(6) and (7) 3 | |
54 | + | Annotated Code of Maryland 4 | |
55 | + | (2021 Replacement Volume and 2023 Supplement) 5 | |
58 | 56 | ||
59 | - | 19–1410. | |
57 | + | BY repealing and reenacting, without amendments, 6 | |
58 | + | Article – Health Occupations 7 | |
59 | + | Section 8–6A–02(a) and 8–6A–07(a) 8 | |
60 | + | Annotated Code of Maryland 9 | |
61 | + | (2021 Replacement Volume and 2023 Supplement) 10 | |
60 | 62 | ||
61 | - | (b) (2) Each nursing home shall establish a quality assurance committee and | |
62 | - | shall include at least the following members: | |
63 | + | BY repealing 11 | |
64 | + | Article – Health Occupations 12 | |
65 | + | Section 8–703(a)(5) 13 | |
66 | + | Annotated Code of Maryland 14 | |
67 | + | (2021 Replacement Volume and 2023 Supplement) 15 | |
63 | 68 | ||
64 | - | (vi) A [geriatric] CERTIFIED nursing [assistant] ASSISTANT–I. | |
69 | + | SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 16 | |
70 | + | That the Laws of Maryland read as follows: 17 | |
65 | 71 | ||
66 | - | ||
72 | + | Article – Health – General 18 | |
67 | 73 | ||
68 | - | (a) In this section, “workplace safety” means the prevention of any physical | |
69 | - | assault or threatening behavior against an employee in a nursing home. | |
74 | + | 19–1410. 19 | |
70 | 75 | ||
71 | - | (b) This section applies to nursing homes that are licensed for 45 beds or more. | |
76 | + | (b) (2) Each nursing home shall establish a quality assurance committee and 20 | |
77 | + | shall include at least the following members: 21 | |
72 | 78 | ||
73 | - | ( | |
79 | + | (vi) A [geriatric] CERTIFIED nursing [assistant] ASSISTANT–I. 22 | |
74 | 80 | ||
75 | - | ||
81 | + | 19–1410.2. 23 | |
76 | 82 | ||
77 | - | ( | |
78 | - | ||
83 | + | (a) In this section, “workplace safety” means the prevention of any physical 24 | |
84 | + | assault or threatening behavior against an employee in a nursing home. 25 | |
79 | 85 | ||
80 | - | (d) In conducting an annual assessment of workplace safety issues, the committee | |
81 | - | assigned to conduct the assessment under subsection (c)(1) of this section shall consult with | |
82 | - | [geriatric] CERTIFIED nursing assistants and other employees of the nursing home who | |
83 | - | are involved in assisting residents with activities of daily living. | |
86 | + | (b) This section applies to nursing homes that are licensed for 45 beds or more. 26 | |
84 | 87 | ||
85 | - | ||
88 | + | (c) Each nursing home shall assign to an appropriate committee the task of: 27 | |
86 | 89 | ||
87 | - | ( | |
90 | + | (1) Conducting an annual assessment of workplace safety issues; and 28 | |
88 | 91 | ||
89 | - | (e) “Nursing support staff” includes: | |
92 | + | (2) Making recommendations to the nursing home for reducing workplace 29 | |
93 | + | injuries. 30 | |
90 | 94 | ||
91 | - | ( | |
92 | - | ||
95 | + | (d) In conducting an annual assessment of workplace safety issues, the committee 31 | |
96 | + | assigned to conduct the assessment under subsection (c)(1) of this section shall consult with 32 SENATE BILL 999 3 | |
93 | 97 | ||
94 | - | (2) A certified medicine aide, as defined in [§ 8–6A–01(k)] § 8–6A–01 of | |
95 | - | the Health Occupations Article; AND | |
96 | - | WES MOORE, Governor Ch. 819 | |
97 | 98 | ||
98 | - | – 3 – | |
99 | - | (3) A certified nursing assistant, as defined in [§ 8–6A–01(l)] § 8–6A–01 | |
100 | - | of the Health Occupations Article[; and | |
99 | + | [geriatric] CERTIFIED nursing assistants and other employees of the nursing home who 1 | |
100 | + | are involved in assisting residents with activities of daily living. 2 | |
101 | 101 | ||
102 | - | (4) A geriatric nursing assistant, as defined in § 8–6A–01(o) of the Health | |
103 | - | Occupations Article]. | |
102 | + | 24–1901. 3 | |
104 | 103 | ||
105 | - | ||
104 | + | (a) In this subtitle the following words have the meanings indicated. 4 | |
106 | 105 | ||
107 | - | ||
106 | + | (e) “Nursing support staff” includes: 5 | |
108 | 107 | ||
109 | - | (a) In this subtitle the following words have the meanings indicated. | |
108 | + | (1) A certified medication technician, as defined in [§ 8–6A–01(j)] § 6 | |
109 | + | 8–6A–01 of the Health Occupations Article; 7 | |
110 | 110 | ||
111 | - | (b) “Applicant” means, unless the context requires otherwise: | |
111 | + | (2) A certified medicine aide, as defined in [§ 8–6A–01(k)] § 8–6A–01 of 8 | |
112 | + | the Health Occupations Article; AND 9 | |
112 | 113 | ||
113 | - | ( | |
114 | - | ||
114 | + | (3) A certified nursing assistant, as defined in [§ 8–6A–01(l)] § 8–6A–01 10 | |
115 | + | of the Health Occupations Article[; and 11 | |
115 | 116 | ||
116 | - | (2) A certificate holder applying for renewal of a certificate; or | |
117 | + | (4) A geriatric nursing assistant, as defined in § 8–6A–01(o) of the Health 12 | |
118 | + | Occupations Article]. 13 | |
117 | 119 | ||
118 | - | (3) An individual applying for reinstatement of a certificate in accordance | |
119 | - | with § 8–6A–10 of this subtitle. | |
120 | + | Article – Health Occupations 14 | |
120 | 121 | ||
121 | - | (C) “APPROVED ACUTE CARE N URSING ASSISTANT TRA INING PROGRAM ” | |
122 | - | MEANS A COURSE OF TR AINING THAT MEETS TH E ACUTE CARE NURSING ASSISTANT | |
123 | - | CURRICULUM APPROVED BY THE BOARD. | |
122 | + | 8–6A–01. 15 | |
124 | 123 | ||
125 | - | [(c)] (D) (1) “Approved dialysis technician training program” means a course | |
126 | - | of training approved by the Board that: | |
124 | + | (a) In this subtitle the following words have the meanings indicated. 16 | |
127 | 125 | ||
128 | - | ( | |
126 | + | (b) “Applicant” means, unless the context requires otherwise: 17 | |
129 | 127 | ||
130 | - | (ii) Meets the requirements of 42 C.F.R. § 494.140(e)(3); and | |
128 | + | (1) An individual applying for an initial certificate by examination or 18 | |
129 | + | endorsement; 19 | |
131 | 130 | ||
132 | - | ( | |
131 | + | (2) A certificate holder applying for renewal of a certificate; or 20 | |
133 | 132 | ||
134 | - | ( | |
135 | - | ||
133 | + | (3) An individual applying for reinstatement of a certificate in accordance 21 | |
134 | + | with § 8–6A–10 of this subtitle. 22 | |
136 | 135 | ||
137 | - | (i) A Certified Clinical Hemodialysis Technician by the Nephrology | |
138 | - | Nursing Certification Commission; | |
136 | + | (C) “APPROVED ACUTE CARE N URSING ASSISTANT TRA INING PROGRAM ” 23 | |
137 | + | MEANS A COURSE OF TR AINING THAT MEETS TH E ACUTE CARE NURSING ASSISTANT 24 | |
138 | + | CURRICULUM APPROVED BY THE BOARD. 25 | |
139 | 139 | ||
140 | - | ( | |
141 | - | ||
140 | + | [(c)] (D) (1) “Approved dialysis technician training program” means a course 26 | |
141 | + | of training approved by the Board that: 27 | |
142 | 142 | ||
143 | - | ( | |
144 | - | ||
143 | + | (i) Prepares the applicant for national certification; 28 | |
144 | + | 4 SENATE BILL 999 | |
145 | 145 | ||
146 | - | – 4 – | |
147 | 146 | ||
148 | - | [(d)] (E) “Approved medication technician training program” means a course of | |
149 | - | training approved by the Board that meets the basic medication technician core curriculum | |
150 | - | and the medication technician content training specific to the setting in which the | |
151 | - | medication technician will work. | |
147 | + | (ii) Meets the requirements of 42 C.F.R. § 494.140(e)(3); and 1 | |
152 | 148 | ||
153 | - | [(e)] (F) “Approved nursing assistant training program” means a course of | |
154 | - | training that [meets]: | |
149 | + | (iii) Meets the requirements set by the Board in regulation. 2 | |
155 | 150 | ||
156 | - | ( | |
157 | - | ||
151 | + | (2) “Approved dialysis technician training program” includes the courses 3 | |
152 | + | required for national certification as: 4 | |
158 | 153 | ||
159 | - | (2) IS approved by the Board. | |
154 | + | (i) A Certified Clinical Hemodialysis Technician by the Nephrology 5 | |
155 | + | Nursing Certification Commission; 6 | |
160 | 156 | ||
161 | - | [(f)] (G) “Board” means the State Board of Nursing. | |
157 | + | (ii) A Clinical Nephrology Technician by the National Nephrology 7 | |
158 | + | Certification Organization; or 8 | |
162 | 159 | ||
163 | - | [(g)] (H) “Certificate” means a certificate issued by the Board to practice as a | |
164 | - | certified nursing assistant, a certified dialysis technician, or a certified medication | |
165 | - | technician in the State. | |
160 | + | (iii) A Certified Hemodialysis Technician by the Board of Nephrology 9 | |
161 | + | Examiners Nursing Technology. 10 | |
166 | 162 | ||
167 | - | [(h)] (I) “Certificate holder” means a certified nursing assistant, dialysis | |
168 | - | technician, or medication technician who has: | |
163 | + | [(d)] (E) “Approved medication technician training program” means a course of 11 | |
164 | + | training approved by the Board that meets the basic medication technician core curriculum 12 | |
165 | + | and the medication technician content training specific to the setting in which the 13 | |
166 | + | medication technician will work. 14 | |
169 | 167 | ||
170 | - | (1) An active certificate; | |
168 | + | [(e)] (F) “Approved nursing assistant training program” means a course of 15 | |
169 | + | training that [meets]: 16 | |
171 | 170 | ||
172 | - | (2) An inactive certificate; | |
171 | + | (1) MEETS the [basic nursing assistant curriculum prescribed and] 17 | |
172 | + | REQUIREMENTS UNDER F EDERAL AND STATE LAW; AND 18 | |
173 | 173 | ||
174 | - | ( | |
174 | + | (2) IS approved by the Board. 19 | |
175 | 175 | ||
176 | - | ( | |
176 | + | [(f)] (G) “Board” means the State Board of Nursing. 20 | |
177 | 177 | ||
178 | - | (5) An expired certificate; | |
178 | + | [(g)] (H) “Certificate” means a certificate issued by the Board to practice as a 21 | |
179 | + | certified nursing assistant, a certified dialysis technician, or a certified medication 22 | |
180 | + | technician in the State. 23 | |
179 | 181 | ||
180 | - | (6) A lapsed certificate; | |
182 | + | [(h)] (I) “Certificate holder” means a certified nursing assistant, dialysis 24 | |
183 | + | technician, or medication technician who has: 25 | |
181 | 184 | ||
182 | - | ( | |
185 | + | (1) An active certificate; 26 | |
183 | 186 | ||
184 | - | ( | |
187 | + | (2) An inactive certificate; 27 | |
185 | 188 | ||
186 | - | ||
189 | + | (3) A temporary certificate; 28 | |
187 | 190 | ||
188 | - | (1) Has completed a Board–approved dialysis technician program; and | |
191 | + | (4) An expired temporary certificate; 29 | |
192 | + | SENATE BILL 999 5 | |
189 | 193 | ||
190 | - | (2) Is certified by the Board as a dialysis technician. | |
191 | - | WES MOORE, Governor Ch. 819 | |
192 | 194 | ||
193 | - | – 5 – | |
194 | - | [(j)] (K) “Certified medication technician” means an individual who: | |
195 | + | (5) An expired certificate; 1 | |
195 | 196 | ||
196 | - | (1) Has completed a Board–approved medication technician training | |
197 | - | program; | |
197 | + | (6) A lapsed certificate; 2 | |
198 | 198 | ||
199 | - | ( | |
199 | + | (7) A suspended certificate; or 3 | |
200 | 200 | ||
201 | - | ( | |
201 | + | (8) A certificate subject to a reprimand, probation, or suspension. 4 | |
202 | 202 | ||
203 | - | (i) Nursing tasks related to the administration of medication, | |
204 | - | delegated by a registered nurse, licensed practical nurse, or advanced practice nurse; or | |
203 | + | [(i)] (J) “Certified dialysis technician” means an individual who: 5 | |
205 | 204 | ||
206 | - | (ii) Technical tasks related to the administration of medication | |
207 | - | delegated by a licensed certified midwife. | |
205 | + | (1) Has completed a Board–approved dialysis technician program; and 6 | |
208 | 206 | ||
209 | - | ||
207 | + | (2) Is certified by the Board as a dialysis technician. 7 | |
210 | 208 | ||
211 | - | (1) HAS completed a Board –approved course in medication | |
212 | - | administration; AND | |
209 | + | [(j)] (K) “Certified medication technician” means an individual who: 8 | |
213 | 210 | ||
214 | - | (2) IS CERTIFIED AS A MED ICINE AIDE BY THE BOARD. | |
211 | + | (1) Has completed a Board–approved medication technician training 9 | |
212 | + | program; 10 | |
215 | 213 | ||
216 | - | ||
214 | + | (2) Is certified by the Board as a medication technician; and 11 | |
217 | 215 | ||
218 | - | (1) Means] MEANS an individual regardless of title who, for compensation | |
219 | - | and subject to regulations adopted by the Board, routinely performs: | |
216 | + | (3) Subject to regulations adopted by the Board, routinely performs: 12 | |
220 | 217 | ||
221 | - | (i) Nursing tasks | |
222 | - | nurse, or advanced practice | |
218 | + | (i) Nursing tasks related to the administration of medication, 13 | |
219 | + | delegated by a registered nurse, licensed practical nurse, or advanced practice nurse; or 14 | |
223 | 220 | ||
224 | - | (ii) Technical tasks delegated by a licensed certified midwife[; and]. | |
221 | + | (ii) Technical tasks related to the administration of medication 15 | |
222 | + | delegated by a licensed certified midwife. 16 | |
225 | 223 | ||
226 | - | (2) [Does] “CERTIFIED NURSING ASS ISTANT” DOES not include a | |
227 | - | certified dialysis technician or a certified medication technician. | |
224 | + | [(k)] (L) “Certified medicine aide” means a certified nursing assistant who [has]: 17 | |
228 | 225 | ||
229 | - | (N) (1) “CERTIFIED NURSING ASS ISTANT–I” MEANS A CERT IFIED | |
230 | - | NURSING ASSISTANT WH O MEETS THE REQUIREM ENTS SET BY THE BOARD AND | |
231 | - | UNDER FEDERAL LAW TO PRACTICE IN ANY SETT ING. | |
226 | + | (1) HAS completed a Board –approved course in medication 18 | |
227 | + | administration; AND 19 | |
232 | 228 | ||
233 | - | (2) | |
229 | + | (2) IS CERTIFIED AS A MED ICINE AIDE BY THE BOARD. 20 | |
234 | 230 | ||
235 | - | (I) A CERTIFIED NURSING AS SISTANT WHO WAS CERT IFIED AS | |
236 | - | A GERIATRIC NURSING ASSISTANT ON MAY 31, 2024 SEPTEMBER 30, 2025; | |
231 | + | [(l)] (M) (1) “Certified nursing assistant”[: 21 | |
237 | 232 | ||
238 | - | (II) A CERTIFIED MEDICINE A IDE; AND Ch. 819 2024 LAWS OF MARYLAND | |
233 | + | (1) Means] MEANS an individual regardless of title who, for compensation 22 | |
234 | + | and subject to regulations adopted by the Board, routinely performs: 23 | |
239 | 235 | ||
240 | - | – 6 – | |
236 | + | (i) Nursing tasks delegated by a registered nurse, licensed practical 24 | |
237 | + | nurse, or advanced practice registered nurse; or 25 | |
241 | 238 | ||
242 | - | ( | |
243 | - | ||
239 | + | (ii) Technical tasks delegated by a licensed certified midwife[; and]. 26 | |
240 | + | 6 SENATE BILL 999 | |
244 | 241 | ||
245 | - | (O) “CERTIFIED NURSING ASS ISTANT–II” MEANS A CERTIFIED NU RSING | |
246 | - | ASSISTANT: | |
247 | 242 | ||
248 | - | (1) WHO, ON MAY 31, 2024 SEPTEMBER 30, 2025, WAS CERTIFIED AS | |
249 | - | A NURSING ASSISTANT AND WAS NOT AUTHORIZ ED TO PRACTICE IN A NURSING | |
250 | - | FACILITY OR SKILLED NURSING FACILITY ; AND | |
243 | + | (2) [Does] “CERTIFIED NURSING ASS ISTANT” DOES not include a 1 | |
244 | + | certified dialysis technician or a certified medication technician. 2 | |
251 | 245 | ||
252 | - | (2) WHOSE AUTHORITY TO PR ACTICE IN A NURSING FACILITY OR | |
253 | - | SKILLED NURSING FACI LITY CONTINUES TO BE RESTRIC TED BECAUSE THE | |
254 | - | CERTIFIED NURSING AS SISTANT HAS NOT BEEN APPROVED AS A CERTIF IED | |
255 | - | NURSING ASSISTANT –I UNDER § 8–6A–05(C)(5) OF THIS SUBTITLE. | |
246 | + | (N) (1) “CERTIFIED NURSING ASS ISTANT–I” MEANS A CERTIFIED 3 | |
247 | + | NURSING ASSISTANT WH O MEETS THE REQUIREM ENTS SET BY THE BOARD AND 4 | |
248 | + | UNDER FEDERAL LAW TO PRACTICE IN ANY SETT ING. 5 | |
256 | 249 | ||
257 | - | ||
250 | + | (2) “CERTIFIED NURSING ASS ISTANT–I” INCLUDES: 6 | |
258 | 251 | ||
259 | - | ||
260 | - | ||
252 | + | (I) A CERTIFIED NURSING AS SISTANT WHO WAS CERT IFIED AS 7 | |
253 | + | A GERIATRIC NURSING ASSISTANT ON MAY 31, 2024 SEPTEMBER 30, 2025; 8 | |
261 | 254 | ||
262 | - | [(o) “Geriatric nursing assistant” means a certified nursing assistant who has | |
263 | - | successfully completed the requirements for geriatric nursing assistant mandated under | |
264 | - | federal law and the regulations of the Board.] | |
255 | + | (II) A CERTIFIED MEDICINE A IDE; AND 9 | |
265 | 256 | ||
266 | - | [(p)] (R) “Lapsed certificate” means a certificate that was not renewed because | |
267 | - | a certificate holder failed to renew the certificate or otherwise did not meet the renewal | |
268 | - | requirements of this subtitle. | |
257 | + | (III) A CERTIFIED NURSING AS SISTANT WHO IS APPRO VED 10 | |
258 | + | UNDER § 8–6A–05(C)(5) OF THIS SUBTITLE. 11 | |
269 | 259 | ||
270 | - | ( | |
271 | - | ||
260 | + | (O) “CERTIFIED NURSING ASS ISTANT–II” MEANS A CERTIFIED NU RSING 12 | |
261 | + | ASSISTANT: 13 | |
272 | 262 | ||
273 | - | (1) DETERMINES THE COMPET ENCY OF THE INDIVIDU AL TO | |
274 | - | PRACTICE AS A CERTIF IED NURSING ASSISTAN T–I; AND | |
263 | + | (1) WHO, ON MAY 31, 2024 SEPTEMBER 30, 2025, WAS CERTIFIED AS 14 | |
264 | + | A NURSING ASSISTANT AND WAS NOT AUTHORIZ ED TO PRACTICE IN A NURSING 15 | |
265 | + | FACILITY OR SKILLED NURSING FACILITY ; AND 16 | |
275 | 266 | ||
276 | - | (2) MEETS THE REQUIREMENT S UNDER FEDERAL LAW . | |
267 | + | (2) WHOSE AUTHORITY TO PR ACTICE IN A NURSING FACILITY OR 17 | |
268 | + | SKILLED NURSING FACI LITY CONTINUES TO BE RESTRICTED BECAUSE T HE 18 | |
269 | + | CERTIFIED NURSING AS SISTANT HAS NOT BEEN APPROVED AS A CERTIF IED 19 | |
270 | + | NURSING ASSISTANT –I UNDER § 8–6A–05(C)(5) OF THIS SUBTITLE. 20 | |
277 | 271 | ||
278 | - | ||
272 | + | [(m)] (P) “Department” means the Maryland Department of Health. 21 | |
279 | 273 | ||
280 | - | (a) Subject to subsection (f) of this section and except as otherwise provided in | |
281 | - | this subtitle, an individual shall be certified by the Board to practice as a nursing assistant, | |
282 | - | dialysis technician, or medication technician before the individual may practice as a | |
283 | - | nursing assistant, dialysis technician, or medication technician in the State. | |
284 | - | WES MOORE, Governor Ch. 819 | |
274 | + | [(n)] (Q) “Expired certificate” means a certificate that was not renewed before 22 | |
275 | + | the expiration date of the certificate as established under § 8–6A–08(a) of this title. 23 | |
285 | 276 | ||
286 | - | – 7 – | |
287 | - | (b) This subtitle does not apply to an individual who: | |
277 | + | [(o) “Geriatric nursing assistant” means a certified nursing assistant who has 24 | |
278 | + | successfully completed the requirements for geriatric nursing assistant mandated under 25 | |
279 | + | federal law and the regulations of the Board.] 26 | |
288 | 280 | ||
289 | - | (1) Practices a health occupation that the individual is authorized to | |
290 | - | practice under this article; | |
281 | + | [(p)] (R) “Lapsed certificate” means a certificate that was not renewed because 27 | |
282 | + | a certificate holder failed to renew the certificate or otherwise did not meet the renewal 28 | |
283 | + | requirements of this subtitle. 29 | |
291 | 284 | ||
292 | - | (2) Provides for the gratuitous care of friends, domestic partners, or family | |
293 | - | members; | |
285 | + | (S) “NURSING ASSISTANT COM PETENCY EVALUATION ” MEANS AN 30 | |
286 | + | EXAMINATION APPROVED BY THE BOARD THAT: 31 | |
287 | + | SENATE BILL 999 7 | |
294 | 288 | ||
295 | - | (3) Performs nursing assistant tasks while a nursing student enrolled in | |
296 | - | an accredited nursing program and practicing under the direct supervision of qualified | |
297 | - | faculty or preceptors; | |
298 | 289 | ||
299 | - | (4) Performs nursing assistant tasks as a student while[: | |
290 | + | (1) DETERMINES THE COMPET ENCY OF THE INDIVIDUA L TO 1 | |
291 | + | PRACTICE AS A CERTIF IED NURSING ASSISTAN T–I; AND 2 | |
300 | 292 | ||
301 | - | (i) 1. Enrolled in a Board–approved nursing assistant training | |
302 | - | program; and OR | |
293 | + | (2) MEETS THE REQUIREMENT S UNDER FEDERAL LAW . 3 | |
303 | 294 | ||
304 | - | 2. ENROLLED IN AN ACUTE CARE NURSING ASSISTANT | |
305 | - | TRAINING PROGRAM ; AND | |
295 | + | 8–6A–02. 4 | |
306 | 296 | ||
307 | - | (ii) Practicing under the direct supervision of qualified faculty or | |
308 | - | preceptors] ENROLLED IN AN ACCRE DITED NURSING PROGRA M AFTER THE | |
309 | - | SUCCESSFUL COMPLETIO N OF A PORTION OF AN APPROVED NURSING EDU CATION | |
310 | - | PROGRAM THAT THE BOARD DETERMINES MEET S THE REQUIREMENTS O F AN | |
311 | - | APPROVED NURSING ASS ISTANT TRAINING PROG RAM OR MEDICATION | |
312 | - | ADMINISTRATION COURS E; | |
297 | + | (a) Subject to subsection (f) of this section and except as otherwise provided in 5 | |
298 | + | this subtitle, an individual shall be certified by the Board to practice as a nursing assistant, 6 | |
299 | + | dialysis technician, or medication technician before the individual may practice as a 7 | |
300 | + | nursing assistant, dialysis technician, or medication technician in the State. 8 | |
313 | 301 | ||
314 | - | (5) PERFORMS NURSING ASSI STANT TASKS AS A STU DENT WHILE | |
315 | - | ENROLLED IN AN ACCRE DITED NURSING PROGRA M AFTER THE SUCCESSF UL | |
316 | - | COMPLETION OF THE PO RTION OF THE APPROVE D NURSING EDUCATION PROGRAM | |
317 | - | THAT THE BOARD DETERMINES MEET S THE REQUIREMENTS O F AN APPROVED | |
318 | - | NURSING ASSISTANT TR AINING PROGRAM OR ME DICATION ADMINISTRAT ION | |
319 | - | COURSE; | |
302 | + | (b) This subtitle does not apply to an individual who: 9 | |
320 | 303 | ||
321 | - | ( | |
322 | - | ||
304 | + | (1) Practices a health occupation that the individual is authorized to 10 | |
305 | + | practice under this article; 11 | |
323 | 306 | ||
324 | - | ( | |
325 | - | ||
307 | + | (2) Provides for the gratuitous care of friends, domestic partners, or family 12 | |
308 | + | members; 13 | |
326 | 309 | ||
327 | - | (7) (8) Works as a principal or school secretary, does not administer | |
328 | - | medication as a routine part of the position, and has completed training by the delegating | |
329 | - | nurse for the occasion where the individual may need to administer medication in the | |
330 | - | absence of the nurse or medication technician; OR | |
331 | - | Ch. 819 2024 LAWS OF MARYLAND | |
310 | + | (3) Performs nursing assistant tasks while a nursing student enrolled in 14 | |
311 | + | an accredited nursing program and practicing under the direct supervision of qualified 15 | |
312 | + | faculty or preceptors; 16 | |
332 | 313 | ||
333 | - | – 8 – | |
334 | - | (8) (9) PRACTICES AS A CERTIF IED NURSING ASSISTAN T–I FOR | |
335 | - | LESS THAN 4 MONTHS IN ACCORDANCE WITH 42 C.F.R. § 483.35(D). | |
314 | + | (4) Performs nursing assistant tasks as a student while[: 17 | |
336 | 315 | ||
337 | - | (c) [Nothing in this section shall] THIS SECTION DOES NOT preclude a | |
338 | - | registered nurse or licensed practical nurse from delegating a nursing or other technical | |
339 | - | task to an unlicensed individual [provided that IF acceptance of delegated nursing or other | |
340 | - | technical tasks does not become a routine part of the unlicensed individual’s job duties]. | |
316 | + | (i) 1. Enrolled in a Board–approved nursing assistant training 18 | |
317 | + | program; and OR 19 | |
341 | 318 | ||
342 | - | 8–6A–05. | |
319 | + | 2. ENROLLED IN AN ACUTE CARE NURSING ASSISTA NT 20 | |
320 | + | TRAINING PROGRAM ; AND 21 | |
343 | 321 | ||
344 | - | (a) The Board, IN COLLABORATION AFTER CONSULTA TION WITH RELEVANT | |
345 | - | STAKEHOLDERS , shall adopt regulations establishing: | |
322 | + | (ii) Practicing under the direct supervision of qualified faculty or 22 | |
323 | + | preceptors] ENROLLED IN AN ACCRE DITED NURSING PROGRAM AFTER THE 23 | |
324 | + | SUCCESSFUL COMPLETIO N OF A PORTION OF AN APPROVED NURSING EDU CATION 24 | |
325 | + | PROGRAM THAT THE BOARD DETERMINES MEET S THE REQUIREMENTS O F AN 25 | |
326 | + | APPROVED NURSING ASS ISTANT TRAINING PROG RAM OR MEDICATION 26 | |
327 | + | ADMINISTRATION COURS E; 27 | |
346 | 328 | ||
347 | - | (1) [Categories of certified nursing assistants, including geriatric nursing | |
348 | - | assistants, home health aides, school health aides, individuals working in developmental | |
349 | - | disabilities administration facilities, and medicine aides; | |
329 | + | (5) PERFORMS NURSING ASSISTANT TA SKS AS A STUDENT WHI LE 28 | |
330 | + | ENROLLED IN AN ACCRE DITED NURSING PROGRA M AFTER THE SUCCESSF UL 29 | |
331 | + | COMPLETION OF THE PO RTION OF THE APPROVE D NURSING EDUCATION PROGRAM 30 | |
332 | + | THAT THE BOARD DETERMINES MEET S THE REQUIREMENTS O F AN APPROVED 31 | |
333 | + | NURSING ASSISTANT TRAINING PROGRAM OR MEDICATION ADMINISTR ATION 32 | |
334 | + | COURSE; 33 8 SENATE BILL 999 | |
350 | 335 | ||
351 | - | (2)] Qualifications for [each category of] certified nursing [assistant] | |
352 | - | ASSISTANTS, INCLUDING CERTIFIED MEDICINE AIDES ; | |
353 | 336 | ||
354 | - | [(3)] (2) Qualifications for certified dialysis technicians; | |
355 | 337 | ||
356 | - | [(4)] (3) Qualifications for certified medication technicians; | |
338 | + | (5) (6) Performs medication technician tasks as a student while 1 | |
339 | + | practicing under the direct supervision of qualified faculty; 2 | |
357 | 340 | ||
358 | - | [(5)] (4) Standards for qualification of applicants for certification, | |
359 | - | including the applicant’s criminal history, work record, and prohibitions against behavior | |
360 | - | which may be potentially harmful to patients; and | |
341 | + | (6) (7) Performs dialysis technician tasks as a student while under the 3 | |
342 | + | direct supervision of qualified faculty; [or] 4 | |
361 | 343 | ||
362 | - | [(6)] (5) Standards for the online provision of didactic instruction in a | |
363 | - | nursing assistant training program that meets the requirements established by the Board. | |
344 | + | (7) (8) Works as a principal or school secretary, does not administer 5 | |
345 | + | medication as a routine part of the position, and has completed training by the delegating 6 | |
346 | + | nurse for the occasion where the individual may need to administer medication in the 7 | |
347 | + | absence of the nurse or medication technician; OR 8 | |
364 | 348 | ||
365 | - | (b) (1) To qualify for certification as a nursing assistant, a [nursing assistant | |
366 | - | in a specific category] CERTIFIED MEDICINE A IDE, a dialysis technician, or a medication | |
367 | - | technician, an applicant shall meet the requirements set by the Board. | |
349 | + | (8) (9) PRACTICES AS A CERTIF IED NURSING ASSISTAN T–I FOR 9 | |
350 | + | LESS THAN 4 MONTHS IN ACCORDANCE WITH 42 C.F.R. § 483.35(D). 10 | |
368 | 351 | ||
369 | - | (2) Requirements set by the Board under paragraph (1) of this subsection | |
370 | - | regarding qualifications for certification as a [geriatric nursing assistant] CERTIFIED | |
371 | - | NURSING ASSISTANT –I shall include provisions to allow an individual who has been | |
372 | - | practicing as a temporary nursing assistant, in accordance with the waiver of the | |
373 | - | requirements of 42 C.F.R. § 483.35(d) issued by the Centers for Medicare and Medicaid | |
374 | - | Services on March 6, 2020, to apply on–the–job experience as a nursing assistant toward | |
375 | - | the total number of training hours required for certification as a [geriatric nursing | |
376 | - | assistant] CERTIFIED NURSING ASS ISTANT–I. | |
377 | - | WES MOORE, Governor Ch. 819 | |
352 | + | (c) [Nothing in this section shall] THIS SECTION DOES NOT preclude a 11 | |
353 | + | registered nurse or licensed practical nurse from delegating a nursing or other technical 12 | |
354 | + | task to an unlicensed individual [provided that IF acceptance of delegated nursing or other 13 | |
355 | + | technical tasks does not become a routine part of the unlicensed individual’s job duties]. 14 | |
378 | 356 | ||
379 | - | – 9 – | |
380 | - | (c) (1) An applicant for a certificate shall: | |
357 | + | 8–6A–05. 15 | |
381 | 358 | ||
382 | - | ( | |
383 | - | ||
359 | + | (a) The Board, IN COLLABORATION AFTER CONSULTATION WITH RELEVANT 16 | |
360 | + | STAKEHOLDERS , shall adopt regulations establishing: 17 | |
384 | 361 | ||
385 | - | (ii) Provide evidence, as required by the Board, of successful | |
386 | - | completion of: | |
362 | + | (1) [Categories of certified nursing assistants, including geriatric nursing 18 | |
363 | + | assistants, home health aides, school health aides, individuals working in developmental 19 | |
364 | + | disabilities administration facilities, and medicine aides; 20 | |
387 | 365 | ||
388 | - | | |
389 | - | ||
366 | + | (2)] Qualifications for [each category of] certified nursing [assistant] 21 | |
367 | + | ASSISTANTS, INCLUDING CERTIFIED MEDICINE AIDES ; 22 | |
390 | 368 | ||
391 | - | 2 | |
369 | + | [(3)] (2) Qualifications for certified dialysis technicians; 23 | |
392 | 370 | ||
393 | - | 3 | |
371 | + | [(4)] (3) Qualifications for certified medication technicians; 24 | |
394 | 372 | ||
395 | - | 4 | |
396 | - | ||
397 | - | ||
373 | + | [(5)] (4) Standards for qualification of applicants for certification, 25 | |
374 | + | including the applicant’s criminal history, work record, and prohibitions against behavior 26 | |
375 | + | which may be potentially harmful to patients; and 27 | |
398 | 376 | ||
399 | - | (iii) Pay to the Board an application fee set by the Board; | |
377 | + | [(6)] (5) Standards for the online provision of didactic instruction in a 28 | |
378 | + | nursing assistant training program that meets the requirements established by the Board. 29 | |
379 | + | SENATE BILL 999 9 | |
400 | 380 | ||
401 | - | (iv) Be of good moral character; | |
402 | 381 | ||
403 | - | (v) Be at least 16 years old to apply for certification as a nursing | |
404 | - | assistant; | |
382 | + | (b) (1) To qualify for certification as a nursing assistant, a [nursing assistant 1 | |
383 | + | in a specific category] CERTIFIED MEDICINE A IDE, a dialysis technician, or a medication 2 | |
384 | + | technician, an applicant shall meet the requirements set by the Board. 3 | |
405 | 385 | ||
406 | - | (vi) Be at least 18 years old to apply for certification as a dialysis | |
407 | - | technician; and | |
386 | + | (2) Requirements set by the Board under paragraph (1) of this subsection 4 | |
387 | + | regarding qualifications for certification as a [geriatric nursing assistant] CERTIFIED 5 | |
388 | + | NURSING ASSISTANT –I shall include provisions to allow an individual who has been 6 | |
389 | + | practicing as a temporary nursing assistant, in accordance with the waiver of the 7 | |
390 | + | requirements of 42 C.F.R. § 483.35(d) issued by the Centers for Medicare and Medicaid 8 | |
391 | + | Services on March 6, 2020, to apply on–the–job experience as a nursing assistant toward 9 | |
392 | + | the total number of training hours required for certification as a [geriatric nursing 10 | |
393 | + | assistant] CERTIFIED NURSING AS SISTANT–I. 11 | |
408 | 394 | ||
409 | - | (vii) Be at least 18 years old to apply for certification as a medication | |
410 | - | technician. | |
395 | + | (c) (1) An applicant for a certificate shall: 12 | |
411 | 396 | ||
412 | - | ( | |
413 | - | ||
397 | + | (i) Submit an application to the Board on the form that the Board 13 | |
398 | + | requires; 14 | |
414 | 399 | ||
415 | - | ( | |
416 | - | ||
400 | + | (ii) Provide evidence, as required by the Board, of successful 15 | |
401 | + | completion of: 16 | |
417 | 402 | ||
418 | - | | |
419 | - | ||
403 | + | 1. An approved nursing assistant training program OR 17 | |
404 | + | APPROVED ACUTE CARE NURSING ASSISTANT TR AINING PROGRAM ; 18 | |
420 | 405 | ||
421 | - | [(3) An applicant for certification as a certified medicine aide, in addition to | |
422 | - | the requirements under paragraph (1) of this subsection, shall submit an additional | |
423 | - | application to that effect to the Board on the form that the Board requires.] | |
424 | - | Ch. 819 2024 LAWS OF MARYLAND | |
406 | + | 2. An approved dialysis technician training program; 19 | |
425 | 407 | ||
426 | - | – 10 – | |
427 | - | (3) (I) AN APPLICANT FOR CERT IFICATION AS A CERTI FIED | |
428 | - | NURSING ASSISTANT SHALL SUBMIT TO THE BOARD SATISFACTORY EV IDENCE OF | |
429 | - | PASSING A NURSING AS SISTANT COMPETENCY E VALUATION. | |
408 | + | 3. An approved course in medication administration; or 20 | |
430 | 409 | ||
431 | - | (II) AN APPLICANT WHO HAS COMPLETED AN APPROVE D ACUTE | |
432 | - | CARE NURSING ASSISTA NT TRAINING PROGRAM SHALL BE DEEMED TO H AVE | |
433 | - | FULFILLED THE CL ASSROOM AND CLINICAL STANDARDS TO SIT FOR THE NURSING | |
434 | - | ASSISTANT COMPETENCY EVALUATION. | |
410 | + | 4. A portion of an approved nursing education program that 21 | |
411 | + | the Board determines meets the requirements of [a] AN APPROVED nursing assistant 22 | |
412 | + | training program or medication administration course; 23 | |
435 | 413 | ||
436 | - | ( | |
414 | + | (iii) Pay to the Board an application fee set by the Board; 24 | |
437 | 415 | ||
438 | - | (i) Have committed any act or omission that would be grounds for | |
439 | - | discipline or denial of certification under this subtitle; and | |
416 | + | (iv) Be of good moral character; 25 | |
440 | 417 | ||
441 | - | (ii) Have a record of abuse, negligence, misappropriation of a | |
442 | - | resident’s property, or any disciplinary action taken or pending in any other state or | |
443 | - | territory of the United States against the certification of the nursing assistant or | |
444 | - | medication technician in the state or territory. | |
418 | + | (v) Be at least 16 years old to apply for certification as a nursing 26 | |
419 | + | assistant; 27 | |
445 | 420 | ||
446 | - | (5) BEGINNING JUNE 1, 2024 OCTOBER 1, 2025, A CERTIFIED | |
447 | - | NURSING ASSISTANT –II MAY BE CERTIFIED AS A CERTIFIED NURSING ASSISTANT–I | |
448 | - | BY: | |
421 | + | (vi) Be at least 18 years old to apply for certification as a dialysis 28 | |
422 | + | technician; and 29 | |
449 | 423 | ||
450 | - | (I) SUBMITTING AN APPLICA TION TO THE BOARD ON THE | |
451 | - | FORM THAT THE BOARD REQUIRES ; AND | |
424 | + | (vii) Be at least 18 years old to apply for certification as a medication 30 | |
425 | + | technician. 31 | |
426 | + | 10 SENATE BILL 999 | |
452 | 427 | ||
453 | - | (II) PROVIDING SATISFACTOR Y EVIDENCE OF: | |
454 | 428 | ||
455 | - | 1 | |
456 | - | NURSING ASSISTANT | |
429 | + | (2) Subject to paragraph (1) of this subsection, an applicant for certification 1 | |
430 | + | as a certified nursing assistant or dialysis technician shall submit to the Board: 2 | |
457 | 431 | ||
458 | - | | |
459 | - | ||
432 | + | (i) A criminal history records check in accordance with § 8–303 of 3 | |
433 | + | this title and § 8–6A–08(k) of this subtitle; and 4 | |
460 | 434 | ||
461 | - | 8–6A–07. | |
435 | + | (ii) On the form required by the Board, written, verified evidence 5 | |
436 | + | that the requirement of item (i) of this paragraph is being met or has been met. 6 | |
462 | 437 | ||
463 | - | (a) Subject to subsection (f) of this section, the Board shall certify any applicant | |
464 | - | who meets the requirements of this subtitle. | |
438 | + | [(3) An applicant for certification as a certified medicine aide, in addition to 7 | |
439 | + | the requirements under paragraph (1) of this subsection, shall submit an additional 8 | |
440 | + | application to that effect to the Board on the form that the Board requires.] 9 | |
465 | 441 | ||
466 | - | (b) (1) The Board shall: | |
442 | + | (3) (I) AN APPLICANT FOR CERT IFICATION AS A CERTI FIED 10 | |
443 | + | NURSING ASSISTANT SH ALL SUBMIT TO THE BOARD SATISFACTORY EV IDENCE OF 11 | |
444 | + | PASSING A NURSING AS SISTANT COMPETENCY E VALUATION. 12 | |
467 | 445 | ||
468 | - | ( | |
469 | - | ||
470 | - | ||
471 | - | ||
446 | + | (II) AN APPLICANT WHO HAS COMPLETED AN APPROVE D ACUTE 13 | |
447 | + | CARE NURSING ASSISTA NT TRAINING PROGRAM SHALL BE DEEMED TO H AVE 14 | |
448 | + | FULFILLED THE CLASSR OOM AND CLINICAL STA NDARDS TO SIT FOR TH E NURSING 15 | |
449 | + | ASSISTANT COMPETENCY EVALUATION. 16 | |
472 | 450 | ||
473 | - | – 11 – | |
474 | - | (ii) Electronically record each certificate in the Board’s database and | |
475 | - | on the Board’s website. | |
451 | + | (4) An applicant for a certificate may not: 17 | |
476 | 452 | ||
477 | - | ( | |
478 | - | ||
453 | + | (i) Have committed any act or omission that would be grounds for 18 | |
454 | + | discipline or denial of certification under this subtitle; and 19 | |
479 | 455 | ||
480 | - | (i) Any expiration date; | |
456 | + | (ii) Have a record of abuse, negligence, misappropriation of a 20 | |
457 | + | resident’s property, or any disciplinary action taken or pending in any other state or 21 | |
458 | + | territory of the United States against the certification of the nursing assistant or 22 | |
459 | + | medication technician in the state or territory. 23 | |
481 | 460 | ||
482 | - | (ii) The type of certificate; and | |
461 | + | (5) BEGINNING JUNE 1, 2024 OCTOBER 1, 2025, A CERTIFIED 24 | |
462 | + | NURSING ASSISTANT –II MAY BE CERTIFIED AS A CERTIFIED NURSING ASSISTANT–I 25 | |
463 | + | BY: 26 | |
483 | 464 | ||
484 | - | (iii) Any specific category of nursing assistant. | |
465 | + | (I) SUBMITTING AN APPLICA TION TO THE BOARD ON THE 27 | |
466 | + | FORM THAT THE BOARD REQUIRES ; AND 28 | |
485 | 467 | ||
486 | - | (c) An individual who has met the requirements for a certified nursing assistant | |
487 | - | ON OR AFTER JUNE 1, 2024 OCTOBER 1, 2025, shall be certified with the title of | |
488 | - | “certified nursing [assistant”] ASSISTANT–I”. | |
468 | + | (II) PROVIDING SATISFACTOR Y EVIDENCE OF: 29 | |
489 | 469 | ||
490 | - | 8–6A–08. | |
470 | + | 1. SUCCESSFUL COMPLETION OF AN APPROVED 30 | |
471 | + | NURSING ASSISTANT TR AINING PROGRAM ; AND 31 | |
472 | + | SENATE BILL 999 11 | |
491 | 473 | ||
492 | - | (c) Before a certificate expires, a CERTIFIED nursing assistant periodically may | |
493 | - | renew it for an additional term, if the certificate holder: | |
494 | 474 | ||
495 | - | (1) Otherwise is entitled to be certified; | |
475 | + | 2. PASSING A NURSING ASS ISTANT COMPETENCY 1 | |
476 | + | EVALUATION. 2 | |
496 | 477 | ||
497 | - | (2) Submits to the Board a renewal application on the form that the Board | |
498 | - | requires; | |
478 | + | 8–6A–07. 3 | |
499 | 479 | ||
500 | - | (3) Pays to the Board a renewal fee set by the Board; and | |
480 | + | (a) Subject to subsection (f) of this section, the Board shall certify any applicant 4 | |
481 | + | who meets the requirements of this subtitle. 5 | |
501 | 482 | ||
502 | - | ( | |
483 | + | (b) (1) The Board shall: 6 | |
503 | 484 | ||
504 | - | (i) | |
505 | - | ||
506 | - | ||
485 | + | (i) Issue each new certified nursing assistant, dialysis technician, or 7 | |
486 | + | medication technician a certificate number and [registration] certificate that indicates the 8 | |
487 | + | initial certificate was issued by the Board; and 9 | |
507 | 488 | ||
508 | - | (ii) If the CERTIFIED nursing assistant did not complete 16 hours of | |
509 | - | active practice as required under item (i) of this item, [an approved nursing assistant | |
510 | - | training program or an approved nursing assistant refresher training program] as required | |
511 | - | in regulations adopted by the Board in accordance with subsection (m) of this section: | |
489 | + | (ii) Electronically record each certificate in the Board’s database and 10 | |
490 | + | on the Board’s website. 11 | |
512 | 491 | ||
513 | - | | |
514 | - | ||
492 | + | (2) Each certificate AVAILABLE THROUGH TH E BOARD’S WEBSITE shall 12 | |
493 | + | include: 13 | |
515 | 494 | ||
516 | - | 2. PASSING A NURSING ASS ISTANT COMPETENCY | |
517 | - | EVALUATION . | |
518 | - | Ch. 819 2024 LAWS OF MARYLAND | |
495 | + | (i) Any expiration date; 14 | |
519 | 496 | ||
520 | - | – 12 – | |
521 | - | (n) (1) The Board, IN AFTER CONSULTATION WITH RE LEVANT | |
522 | - | STAKEHOLDERS , shall adopt regulations to specify[: | |
497 | + | (ii) The type of certificate; and 15 | |
523 | 498 | ||
524 | - | (i) The] THE circumstances under which a nursing assistant, as a | |
525 | - | condition of renewal, is required to complete [either] an approved nursing assistant | |
526 | - | training program or [an approved nursing assistant refresher training program; and | |
499 | + | (iii) Any specific category of nursing assistant. 16 | |
527 | 500 | ||
528 | - | (ii) The number of didactic instruction hours and clinical training | |
529 | - | hours the nursing assistant training program or nursing assistant refresher training | |
530 | - | program must have to be approved] PASS A NURSING ASSISTANT CO MPETENCY | |
531 | - | EXAMINATION . | |
501 | + | (c) An individual who has met the requirements for a certified nursing assistant 17 | |
502 | + | ON OR AFTER JUNE 1, 2024 OCTOBER 1, 2025, shall be certified with the title of 18 | |
503 | + | “certified nursing [assistant”] ASSISTANT–I”. 19 | |
532 | 504 | ||
533 | - | (2) Regulations adopted under paragraph (1) of this subsection must be | |
534 | - | consistent with federal law. | |
505 | + | 8–6A–08. 20 | |
535 | 506 | ||
536 | - | 8–6A–14. | |
507 | + | (c) Before a certificate expires, a CERTIFIED nursing assistant periodically may 21 | |
508 | + | renew it for an additional term, if the certificate holder: 22 | |
537 | 509 | ||
538 | - | (a) The Board, in conjunction with the Maryland Higher Education Commission, | |
539 | - | shall approve each nursing assistant training program prior to its implementation and | |
540 | - | provide periodic survey of all programs in the State. | |
510 | + | (1) Otherwise is entitled to be certified; 23 | |
541 | 511 | ||
542 | - | (b) The Board in conjunction with the Department, Maryland Higher Education | |
543 | - | Commission, and the affected industry shall develop regulations for nursing assistant | |
544 | - | training programs. | |
512 | + | (2) Submits to the Board a renewal application on the form that the Board 24 | |
513 | + | requires; 25 | |
545 | 514 | ||
546 | - | (c) The curriculum content for an approved nursing assistant training program | |
547 | - | shall include: | |
515 | + | (3) Pays to the Board a renewal fee set by the Board; and 26 | |
548 | 516 | ||
549 | - | (1) Content [consistent with State licensing requirements in the Health – | |
550 | - | General Article and] THAT MEETS all federal requirements SET FORTH IN 42 C.F.R. § | |
551 | - | 483.152; AND | |
517 | + | (4) Provides satisfactory evidence of [completion of]: 27 | |
518 | + | 12 SENATE BILL 999 | |
552 | 519 | ||
553 | - | (2) All basic skills required of a nursing assistant regardless of the setting | |
554 | - | of the practice[; and | |
555 | 520 | ||
556 | - | (3) Any skills required for certification in a specific category]. | |
521 | + | (i) COMPLETION OF 16 hours of active CERTIFIED nursing 1 | |
522 | + | assistant practice within the 2–year period immediately preceding the date of expiration; 2 | |
523 | + | or 3 | |
557 | 524 | ||
558 | - | (d) Any additional clinical practice skills specific to a setting of practice shall be | |
559 | - | taught in that setting as a part of the employment training process in that setting. | |
525 | + | (ii) If the CERTIFIED nursing assistant did not complete 16 hours of 4 | |
526 | + | active practice as required under item (i) of this item, [an approved nursing assistant 5 | |
527 | + | training program or an approved nursing assistant refresher training program] as required 6 | |
528 | + | in regulations adopted by the Board in accordance with subsection (m) of this section: 7 | |
560 | 529 | ||
561 | - | (e) The Board may make survey visits from time to time, without prior notice, to | |
562 | - | all certified nursing assistant training programs. | |
563 | - | WES MOORE, Governor Ch. 819 | |
530 | + | 1. SUCCESSFUL COMPLETION OF AN APPROVED 8 | |
531 | + | NURSING ASSISTANT TR AINING PROGRAM; OR 9 | |
564 | 532 | ||
565 | - | – 13 – | |
566 | - | [(f) The provisions of this section may not be interpreted to impose additional | |
567 | - | requirements for geriatric nursing assistants A CERTIFIED NURSING ASSISTANT–I | |
568 | - | beyond those required under federal law. | |
533 | + | 2. PASSING A NURSING ASS ISTANT COMPETENCY 10 | |
534 | + | EVALUATION . 11 | |
569 | 535 | ||
570 | - | (g) (1) The Board shall approve the use of a nursing assistant training site by | |
571 | - | a nursing assistant training program within 45 days after the nursing assistant training | |
572 | - | program applies for approval if the nursing assistant training program had previously been | |
573 | - | approved to use the training site by the Board.] | |
536 | + | (n) (1) The Board, IN AFTER CONSULTATION WITH RE LEVANT 12 | |
537 | + | STAKEHOLDERS , shall adopt regulations to specify[: 13 | |
574 | 538 | ||
575 | - | ( | |
576 | - | ||
577 | - | ||
539 | + | (i) The] THE circumstances under which a nursing assistant, as a 14 | |
540 | + | condition of renewal, is required to complete [either] an approved nursing assistant 15 | |
541 | + | training program or [an approved nursing assistant refresher training program; and 16 | |
578 | 542 | ||
579 | - | ( | |
580 | - | ||
581 | - | ||
582 | - | ||
543 | + | (ii) The number of didactic instruction hours and clinical training 17 | |
544 | + | hours the nursing assistant training program or nursing assistant refresher training 18 | |
545 | + | program must have to be approved] PASS A NURSING ASSIS TANT COMPETENCY 19 | |
546 | + | EXAMINATION . 20 | |
583 | 547 | ||
584 | - | 8–701. | |
548 | + | (2) Regulations adopted under paragraph (1) of this subsection must be 21 | |
549 | + | consistent with federal law. 22 | |
585 | 550 | ||
586 | - | (c) [(1)] Except as otherwise provided in this title, an individual may not | |
587 | - | practice, attempt to practice, or offer to practice as a certified nursing assistant unless | |
588 | - | certified by the Board as a certified nursing assistant. | |
551 | + | 8–6A–14. 23 | |
589 | 552 | ||
590 | - | | |
591 | - | ||
592 | - | ||
553 | + | (a) The Board, in conjunction with the Maryland Higher Education Commission, 24 | |
554 | + | shall approve each nursing assistant training program prior to its implementation and 25 | |
555 | + | provide periodic survey of all programs in the State. 26 | |
593 | 556 | ||
594 | - | 8–703. | |
557 | + | (b) The Board in conjunction with the Department, Maryland Higher Education 27 | |
558 | + | Commission, and the affected industry shall develop regulations for nursing assistant 28 | |
559 | + | training programs. 29 | |
595 | 560 | ||
596 | - | (a) [(5) Unless authorized to provide patient care in a specific category of | |
597 | - | certified nursing assistant, an individual may not represent to the public by title, by | |
598 | - | description of services, methods, or procedures, or otherwise, that the individual is | |
599 | - | authorized to provide care as a certified nursing assistant in a specific category in this | |
600 | - | State.] | |
561 | + | (c) The curriculum content for an approved nursing assistant training program 30 | |
562 | + | shall include: 31 | |
563 | + | SENATE BILL 999 13 | |
601 | 564 | ||
602 | - | [(6)] (5) Unless authorized to administer medication as a medication | |
603 | - | technician under this title, an individual may not represent to the public by title, by | |
604 | - | description of services, methods, or procedures, or otherwise, that the individual is | |
605 | - | authorized to administer medication as a certified medication technician in this State. | |
606 | 565 | ||
607 | - | [(7)] (6) Unless authorized to administer medication as a medicine aide | |
608 | - | under this title, an individual may not represent to the public by title, by description of | |
609 | - | services, methods, or procedures, or otherwise, that the individual is authorized to | |
610 | - | administer medication as a certified medicine aide in this State. Ch. 819 2024 LAWS OF MARYLAND | |
566 | + | (1) Content [consistent with State licensing requirements in the Health – 1 | |
567 | + | General Article and] THAT MEETS all federal requirements SET FORTH IN 42 C.F.R. § 2 | |
568 | + | 483.152; AND 3 | |
611 | 569 | ||
612 | - | – 14 – | |
570 | + | (2) All basic skills required of a nursing assistant regardless of the setting 4 | |
571 | + | of the practice[; and 5 | |
613 | 572 | ||
614 | - | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2024 | |
615 | - | June 1, 2025, the State Board of Nursing shall: | |
573 | + | (3) Any skills required for certification in a specific category]. 6 | |
616 | 574 | ||
617 | - | ( | |
618 | - | ||
575 | + | (d) Any additional clinical practice skills specific to a setting of practice shall be 7 | |
576 | + | taught in that setting as a part of the employment training process in that setting. 8 | |
619 | 577 | ||
620 | - | ( | |
621 | - | ||
578 | + | (e) The Board may make survey visits from time to time, without prior notice, to 9 | |
579 | + | all certified nursing assistant training programs. 10 | |
622 | 580 | ||
623 | - | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take | |
624 | - | effect June October 1, 2024 2025. | |
581 | + | [(f) The provisions of this section may not be interpreted to impose additional 11 | |
582 | + | requirements for geriatric nursing assistants A CERTIFIED NURSING ASSISTANT–I 12 | |
583 | + | beyond those required under federal law. 13 | |
625 | 584 | ||
626 | - | SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section | |
627 | - | 3 of this Act, this Act shall take effect October 1, 2024. | |
585 | + | (g) (1) The Board shall approve the use of a nursing assistant training site by 14 | |
586 | + | a nursing assistant training program within 45 days after the nursing assistant training 15 | |
587 | + | program applies for approval if the nursing assistant training program had previously been 16 | |
588 | + | approved to use the training site by the Board.] 17 | |
628 | 589 | ||
629 | - | Approved by the Governor, May 16, 2024. | |
590 | + | (2) A NURSING ASSISTANT TR AINING PROGRAM UNDER PARAGRAPH 18 | |
591 | + | (1) OF THIS SUBSECTION MA Y CONTINUE TO OPERAT E DURING THE APPROVA L 19 | |
592 | + | PROCESS. 20 | |
593 | + | ||
594 | + | (F) AN APPROVED ACUTE CAR E NURSING ASSISTANT TRAINING PROGRAM 21 | |
595 | + | MAY REQUEST A WAIVER OF THE FEDERAL REQUI REMENT UNDER 42 C.F.R. § 22 | |
596 | + | 483.152(C)(5) THAT INSTRUCTORS HAV E A MINIMUM OF 1 YEAR OF EXPERIENCE I N 23 | |
597 | + | THE PROVISION OF LON G–TERM CARE FACILITY S ERVICES. 24 | |
598 | + | ||
599 | + | 8–701. 25 | |
600 | + | ||
601 | + | (c) [(1)] Except as otherwise provided in this title, an individual may not 26 | |
602 | + | practice, attempt to practice, or offer to practice as a certified nursing assistant unless 27 | |
603 | + | certified by the Board as a certified nursing assistant. 28 | |
604 | + | ||
605 | + | [(2) Except as otherwise provided in this title, an individual may not 29 | |
606 | + | practice, attempt to practice, or offer to practice as a certified nursing assistant in a specific 30 | |
607 | + | category unless certified by the Board as a certified nursing assistant in that category.] 31 | |
608 | + | ||
609 | + | 8–703. 32 | |
610 | + | 14 SENATE BILL 999 | |
611 | + | ||
612 | + | ||
613 | + | (a) [(5) Unless authorized to provide patient care in a specific category of 1 | |
614 | + | certified nursing assistant, an individual may not represent to the public by title, by 2 | |
615 | + | description of services, methods, or procedures, or otherwise, that the individual is 3 | |
616 | + | authorized to provide care as a certified nursing assistant in a specific category in this 4 | |
617 | + | State.] 5 | |
618 | + | ||
619 | + | [(6)] (5) Unless authorized to administer medication as a medication 6 | |
620 | + | technician under this title, an individual may not represent to the public by title, by 7 | |
621 | + | description of services, methods, or procedures, or otherwise, that the individual is 8 | |
622 | + | authorized to administer medication as a certified medication technician in this State. 9 | |
623 | + | ||
624 | + | [(7)] (6) Unless authorized to administer medication as a medicine aide 10 | |
625 | + | under this title, an individual may not represent to the public by title, by description of 11 | |
626 | + | services, methods, or procedures, or otherwise, that the individual is authorized to 12 | |
627 | + | administer medication as a certified medicine aide in this State. 13 | |
628 | + | ||
629 | + | SECTION 2. AND BE IT FURTHER ENACTED, That, on or before October 1, 2024 14 | |
630 | + | June 1, 2025, the State Board of Nursing shall: 15 | |
631 | + | ||
632 | + | (1) notify individuals who possess a nursing assistant certification of the 16 | |
633 | + | licensing requirements established under Section 1 of this Act; and 17 | |
634 | + | ||
635 | + | (2) in consultation with the Office of Health Care Quality, update 18 | |
636 | + | regulations to conform with Section 1 of this Act. 19 | |
637 | + | ||
638 | + | SECTION 3. AND BE IT FURTHER ENACTED, That Section 1 of this Act shall take 20 | |
639 | + | effect June October 1, 2024 2025. 21 | |
640 | + | ||
641 | + | SECTION 4. AND BE IT FURTHER ENACTED, That, except as provided in Section 22 | |
642 | + | 3 of this Act, this Act shall take effect October 1, 2024. 23 | |
643 | + | ||
644 | + | ||
645 | + | ||
646 | + | Approved: | |
647 | + | ________________________________________________________________________________ | |
648 | + | Governor. | |
649 | + | ________________________________________________________________________________ | |
650 | + | President of the Senate. | |
651 | + | ________________________________________________________________________________ | |
652 | + | Speaker of the House of Delegates. |