Maryland 2024 Regular Session

Maryland Senate Bill SB999 Compare Versions

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1- WES MOORE, Governor Ch. 819
21
3-– 1 –
4-Chapter 819
5-(Senate Bill 999)
62
7-AN ACT concerning
3+EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
4+ [Brackets] indicate matter deleted from existing law.
5+ Underlining indicates amendments to bill.
6+ Strike out indicates matter stricken from the bill by amendment or deleted from the law by
7+amendment.
8+ *sb0999*
89
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
1119
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 ______
2021
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
2623
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
3226
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
3935
40-BY repealing and reenacting, without amendments,
41- Article – Health Occupations
42-Section 86A02(a) and 86A–07(a)
43- Annotated Code of Maryland
44- (2021 Replacement Volume and 2023 Supplement)
36+BY repealing and reenacting, with amendments, 12
37+ Article – Health – General 13
38+Section 191410(b)(2)(vi), 191410.2, and 241901(e) 14
39+ Annotated Code of Maryland 15
40+ (2023 Replacement Volume) 16
4541
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
5047
51-– 2 –
52- (2021 Replacement Volume and 2023 Supplement)
48+BY repealing and reenacting, with amendments, 22 2 SENATE BILL 999
5349
54- SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND,
55-That the Laws of Maryland read as follows:
5650
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
5856
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
6062
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
6368
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
6571
66-191410.2.
72+Article Health – General 18
6773
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
7075
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
7278
73- (c) Each nursing home shall assign to an appropriate committee the task of:
79+ (vi) A [geriatric] CERTIFIED nursing [assistant] ASSISTANT–I. 22
7480
75- (1) Conducting an annual assessment of workplace safety issues; and
81+19–1410.2. 23
7682
77- (2) Making recommendations to the nursing home for reducing workplace
78-injuries.
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
7985
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
8487
85-24–1901.
88+ (c) Each nursing home shall assign to an appropriate committee the task of: 27
8689
87- (a) In this subtitle the following words have the meanings indicated.
90+ (1) Conducting an annual assessment of workplace safety issues; and 28
8891
89- (e) “Nursing support staff” includes:
92+ (2) Making recommendations to the nursing home for reducing workplace 29
93+injuries. 30
9094
91- (1) A certified medication technician, as defined in [§ 8–6A–01(j)] §
92-8–6A–01 of the Health Occupations Article;
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
9397
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
9798
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
101101
102- (4) A geriatric nursing assistant, as defined in § 8–6A–01(o) of the Health
103-Occupations Article].
102+24–1901. 3
104103
105-Article – Health Occupations
104+ (a) In this subtitle the following words have the meanings indicated. 4
106105
107-8–6A–01.
106+ (e) “Nursing support staff” includes: 5
108107
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
110110
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
112113
113- (1) An individual applying for an initial certificate by examination or
114-endorsement;
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
115116
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
117119
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
120121
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
124123
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
127125
128- (i) Prepares the applicant for national certification;
126+ (b) “Applicant” means, unless the context requires otherwise: 17
129127
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
131130
132- (iii) Meets the requirements set by the Board in regulation.
131+ (2) A certificate holder applying for renewal of a certificate; or 20
133132
134- (2) “Approved dialysis technician training program” includes the courses
135-required for national certification as:
133+ (3) An individual applying for reinstatement of a certificate in accordance 21
134+with § 8–6A–10 of this subtitle. 22
136135
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
139139
140- (ii) A Clinical Nephrology Technician by the National Nephrology
141-Certification Organization; or
140+ [(c)] (D) (1) “Approved dialysis technician training program” means a course 26
141+of training approved by the Board that: 27
142142
143- (iii) A Certified Hemodialysis Technician by the Board of Nephrology
144-Examiners Nursing Technology. Ch. 819 2024 LAWS OF MARYLAND
143+ (i) Prepares the applicant for national certification; 28
144+ 4 SENATE BILL 999
145145
146-– 4 –
147146
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
152148
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
155150
156- (1) MEETS the [basic nursing assistant curriculum prescribed and]
157-REQUIREMENTS UNDER F EDERAL AND STATE LAW; AND
151+ (2) “Approved dialysis technician training program” includes the courses 3
152+required for national certification as: 4
158153
159- (2) IS approved by the Board.
154+ (i) A Certified Clinical Hemodialysis Technician by the Nephrology 5
155+Nursing Certification Commission; 6
160156
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
162159
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
166162
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
169167
170- (1) An active certificate;
168+ [(e)] (F) “Approved nursing assistant training program” means a course of 15
169+training that [meets]: 16
171170
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
173173
174- (3) A temporary certificate;
174+ (2) IS approved by the Board. 19
175175
176- (4) An expired temporary certificate;
176+ [(f)] (G) “Board” means the State Board of Nursing. 20
177177
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
179181
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
181184
182- (7) A suspended certificate; or
185+ (1) An active certificate; 26
183186
184- (8) A certificate subject to a reprimand, probation, or suspension.
187+ (2) An inactive certificate; 27
185188
186- [(i)] (J) “Certified dialysis technician” means an individual who:
189+ (3) A temporary certificate; 28
187190
188- (1) Has completed a Board–approved dialysis technician program; and
191+ (4) An expired temporary certificate; 29
192+ SENATE BILL 999 5
189193
190- (2) Is certified by the Board as a dialysis technician.
191- WES MOORE, Governor Ch. 819
192194
193-– 5 –
194- [(j)] (K) “Certified medication technician” means an individual who:
195+ (5) An expired certificate; 1
195196
196- (1) Has completed a Board–approved medication technician training
197-program;
197+ (6) A lapsed certificate; 2
198198
199- (2) Is certified by the Board as a medication technician; and
199+ (7) A suspended certificate; or 3
200200
201- (3) Subject to regulations adopted by the Board, routinely performs:
201+ (8) A certificate subject to a reprimand, probation, or suspension. 4
202202
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
205204
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
208206
209- [(k)] (L) Certified medicine aide” means a certified nursing assistant who [has]:
207+ (2) Is certified by the Board as a dialysis technician. 7
210208
211- (1) HAS completed a Board –approved course in medication
212-administration; AND
209+ [(j)] (K) “Certified medication technician” means an individual who: 8
213210
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
215213
216- [(l)] (M) (1) “Certified nursing assistant”[:
214+ (2) Is certified by the Board as a medication technician; and 11
217215
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
220217
221- (i) Nursing tasks delegated by a registered nurse, licensed practical
222-nurse, or advanced practice registered nurse; or
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
223220
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
225223
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
228225
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
232228
233- (2) CERTIFIED NURSING ASS ISTANT–I” INCLUDES:
229+ (2) IS CERTIFIED AS A MED ICINE AIDE BY THE BOARD. 20
234230
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
237232
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
239235
240-– 6 –
236+ (i) Nursing tasks delegated by a registered nurse, licensed practical 24
237+nurse, or advanced practice registered nurse; or 25
241238
242- (III) A CERTIFIED NURSING AS SISTANT WHO IS APPRO VED
243-UNDER § 8–6A–05(C)(5) OF THIS SUBTITLE.
239+ (ii) Technical tasks delegated by a licensed certified midwife[; and]. 26
240+ 6 SENATE BILL 999
244241
245- (O) “CERTIFIED NURSING ASS ISTANT–II” MEANS A CERTIFIED NU RSING
246-ASSISTANT:
247242
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
251245
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
256249
257- [(m)] (P) “Departmentmeans the Maryland Department of Health.
250+ (2) “CERTIFIED NURSING ASS ISTANT–IINCLUDES: 6
258251
259- [(n)] (Q) “Expired certificate” means a certificate that was not renewed before
260-the expiration date of the certificate as established under § 8–6A–08(a) of this title.
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
261254
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
265256
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
269259
270- (S) “NURSING ASSISTANT COM PETENCY EVALUATION ” MEANS AN
271-EXAMINATION APPROVED BY THE BOARD THAT:
260+ (O) “CERTIFIED NURSING ASS ISTANT–II” MEANS A CERTIFIED NU RSING 12
261+ASSISTANT: 13
272262
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
275266
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
277271
278-8–6A–02.
272+ [(m)] (P) “Department” means the Maryland Department of Health. 21
279273
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
285276
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
288280
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
291284
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
294288
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;
298289
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
300292
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
303294
304- 2. ENROLLED IN AN ACUTE CARE NURSING ASSISTANT
305-TRAINING PROGRAM ; AND
295+8–6A–02. 4
306296
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
313301
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
320303
321- (5) (6) Performs medication technician tasks as a student while
322-practicing under the direct supervision of qualified faculty;
304+ (1) Practices a health occupation that the individual is authorized to 10
305+practice under this article; 11
323306
324- (6) (7) Performs dialysis technician tasks as a student while under the
325-direct supervision of qualified faculty; [or]
307+ (2) Provides for the gratuitous care of friends, domestic partners, or family 12
308+members; 13
326309
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
332313
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
336315
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
341318
342-8–6A–05.
319+ 2. ENROLLED IN AN ACUTE CARE NURSING ASSISTA NT 20
320+TRAINING PROGRAM ; AND 21
343321
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
346328
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
350335
351- (2)] Qualifications for [each category of] certified nursing [assistant]
352-ASSISTANTS, INCLUDING CERTIFIED MEDICINE AIDES ;
353336
354- [(3)] (2) Qualifications for certified dialysis technicians;
355337
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
357340
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
361343
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
364348
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
368351
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
378356
379-– 9 –
380- (c) (1) An applicant for a certificate shall:
357+8–6A–05. 15
381358
382- (i) Submit an application to the Board on the form that the Board
383-requires;
359+ (a) The Board, IN COLLABORATION AFTER CONSULTATION WITH RELEVANT 16
360+STAKEHOLDERS , shall adopt regulations establishing: 17
384361
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
387365
388- 1. An approved nursing assistant training program OR
389-APPROVED ACUTE CARE NURSING ASSISTANT TR AINING PROGRAM ;
366+ (2)] Qualifications for [each category of] certified nursing [assistant] 21
367+ASSISTANTS, INCLUDING CERTIFIED MEDICINE AIDES ; 22
390368
391- 2. An approved dialysis technician training program;
369+ [(3)] (2) Qualifications for certified dialysis technicians; 23
392370
393- 3. An approved course in medication administration; or
371+ [(4)] (3) Qualifications for certified medication technicians; 24
394372
395- 4. A portion of an approved nursing education program that
396-the Board determines meets the requirements of [a] AN APPROVED nursing assistant
397-training program or medication administration course;
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
398376
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
400380
401- (iv) Be of good moral character;
402381
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
405385
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
408394
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
411396
412- (2) Subject to paragraph (1) of this subsection, an applicant for certification
413-as a certified nursing assistant or dialysis technician shall submit to the Board:
397+ (i) Submit an application to the Board on the form that the Board 13
398+requires; 14
414399
415- (i) A criminal history records check in accordance with § 8–303 of
416-this title and § 8–6A–08(k) of this subtitle; and
400+ (ii) Provide evidence, as required by the Board, of successful 15
401+completion of: 16
417402
418- (ii) On the form required by the Board, written, verified evidence
419-that the requirement of item (i) of this paragraph is being met or has been met.
403+ 1. An approved nursing assistant training program OR 17
404+APPROVED ACUTE CARE NURSING ASSISTANT TR AINING PROGRAM ; 18
420405
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
425407
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
430409
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
435413
436- (4) An applicant for a certificate may not:
414+ (iii) Pay to the Board an application fee set by the Board; 24
437415
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
440417
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
445420
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
449423
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
452427
453- (II) PROVIDING SATISFACTOR Y EVIDENCE OF:
454428
455- 1. SUCCESSFUL COMPLETION OF AN APPROVED
456-NURSING ASSISTANT TR AINING PROGRAM ; AND
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
457431
458- 2. PASSING A NURSING ASS ISTANT COMPETENCY
459-EVALUATION.
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
460434
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
462437
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
465441
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
467445
468- (i) Issue each new certified nursing assistant, dialysis technician, or
469-medication technician a certificate number and [registration] certificate that indicates the
470-initial certificate was issued by the Board; and
471- WES MOORE, Governor Ch. 819
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
472450
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
476452
477- (2) Each certificate AVAILABLE THROUGH TH E BOARD’S WEBSITE shall
478-include:
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
479455
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
481460
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
483464
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
485467
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
489469
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
491473
492- (c) Before a certificate expires, a CERTIFIED nursing assistant periodically may
493-renew it for an additional term, if the certificate holder:
494474
495- (1) Otherwise is entitled to be certified;
475+ 2. PASSING A NURSING ASS ISTANT COMPETENCY 1
476+EVALUATION. 2
496477
497- (2) Submits to the Board a renewal application on the form that the Board
498-requires;
478+8–6A–07. 3
499479
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
501482
502- (4) Provides satisfactory evidence of [completion of]:
483+ (b) (1) The Board shall: 6
503484
504- (i) COMPLETION OF 16 hours of active CERTIFIED nursing
505-assistant practice within the 2–year period immediately preceding the date of expiration;
506-or
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
507488
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
512491
513- 1. SUCCESSFUL COMPLETION OF AN APPROVED
514-NURSING ASSISTANT TR AINING PROGRAM ; OR
492+ (2) Each certificate AVAILABLE THROUGH TH E BOARD’S WEBSITE shall 12
493+include: 13
515494
516- 2. PASSING A NURSING ASS ISTANT COMPETENCY
517-EVALUATION .
518- Ch. 819 2024 LAWS OF MARYLAND
495+ (i) Any expiration date; 14
519496
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
523498
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
527500
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
532504
533- (2) Regulations adopted under paragraph (1) of this subsection must be
534-consistent with federal law.
505+8–6A–08. 20
535506
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
537509
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
541511
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
545514
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
548516
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
552519
553- (2) All basic skills required of a nursing assistant regardless of the setting
554-of the practice[; and
555520
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
557524
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
560529
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
564532
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
569535
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
574538
575- (2) A NURSING ASSISTANT TR AINING PROGRAM UNDER PARAGRAPH
576-(1) OF THIS SUBSECTION M AY CONTINUE TO OPERA TE DURING THE APPROV AL
577-PROCESS.
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
578542
579- (F) AN APPROVED ACUTE CAR E NURSING ASSISTANT TRAINING PROGRAM
580-MAY REQUEST A WAIVER OF THE FEDERA L REQUIREMENT UNDER 42 C.F.R. §
581-483.152(C)(5) THAT INSTRUCTORS HAV E A MINIMUM OF 1 YEAR OF EXPERIENCE I N
582-THE PROVISION OF LON G–TERM CARE FACILITY S ERVICES.
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
583547
584-8–701.
548+ (2) Regulations adopted under paragraph (1) of this subsection must be 21
549+consistent with federal law. 22
585550
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
589552
590- [(2) Except as otherwise provided in this title, an individual may not
591-practice, attempt to practice, or offer to practice as a certified nursing assistant in a specific
592-category unless certified by the Board as a certified nursing assistant in that category.]
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
593556
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
595560
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
601564
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.
606565
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
611569
612-– 14 –
570+ (2) All basic skills required of a nursing assistant regardless of the setting 4
571+of the practice[; and 5
613572
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
616574
617- (1) notify individuals who possess a nursing assistant certification of the
618-licensing requirements established under Section 1 of this Act; and
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
619577
620- (2) in consultation with the Office of Health Care Quality, update
621-regulations to conform with Section 1 of this Act.
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
622580
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
625584
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
628589
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.