(a) Except as otherwise provided in this section, an individual shall be licensed by the Board before the individual may practice as a nursing home administrator in this State.
Exceptions
(b)(1) Except as provided in paragraph (2) of this subsection, if a licensee leaves or is removed from a position as a nursing home administrator by death or for any other unexpected cause, the owner of the nursing home or other appropriate nursing home authority shall immediately:
(i) Designate a licensed nursing home administrator to serve in that capacity; and
(ii) Notify the Board of the designated licensed nursing home administrator's name.
(2)(i) 1. In the event a licensed nursing home administrator is not available, the owner or other appropriate nursing home authority shall immediately appoint a nonlicensed person to serve in the capacity of interim nursing home administrator.
2. The appointed nonlicensed person may act as the interim nursing home administrator on filing an application with the Board requesting a provisional license to practice as the interim nursing home administrator for a period not to exceed 90 days.
(ii) 1. The owner or other appropriate nursing home authority shall immediately notify the Board of the appointment and forward the credentials of the person appointed to the Board for evaluation to assure that the person appointed is experienced, trained, and competent.
2. The Board may issue a provisional license to the applicant if the Board determines, in its discretion, that the applicant is of good moral character and capable of adequately administering the nursing home for the provisional period.
3. If the Board denies an application submitted in accordance with subparagraph (i)2 of this paragraph:
A. The nonlicensed person shall immediately cease acting as the interim nursing home administrator; and
B. If a licensed nursing home administrator remains unavailable, the owner or other appropriate nursing home authority shall immediately appoint another nonlicensed person to act as the interim nursing home administrator.
4. A person appointed under subsubparagraph 3 of this subparagraph shall file an application for a provisional license with the Board in accordance with this paragraph.
(iii) The 90-day period begins on the date that the licensee leaves or is removed from the position as a nursing home administrator.
(iv) The Board, on request and for good cause shown, may extend the 90-day period for a further period of not more than 30 days.
(3) A licensed nursing home administrator designated under paragraph (1) of this subsection shall submit to a criminal history records check in accordance with § 9-302.1 of this subtitle.
(4) A person appointed in accordance with paragraph (2) of this subsection shall submit to a criminal history records check in accordance with § 9-302.1 of this subtitle.
(5) The Board may deny approval of an appointment under paragraph (1) or (2) of this subsection based on the results of a criminal history records check required under paragraph (3) or (4) of this subsection after consideration of the factors listed in § 9-308(b)(1) of this subtitle.
(6) Paragraphs (3) and (4) of this subsection do not apply to a person licensed by a health occupations board who previously has completed a criminal history records check required for licensure.
Credits
Added as Health Occupations § 8-301 by Acts 1981, c. 8, § 2, eff. July 1, 1981. Renumbered as Health Occupations § 9-301 by Acts 1990, c. 6, § 11, eff. Feb. 16, 1990. Amended by Acts 1994, c. 272, § 1, eff. Oct. 1, 1994; Acts 2005, c. 247, § 1, eff. Oct. 1, 2005; Acts 2016, c. 48, § 1, eff. Oct. 1, 2016; Acts 2017, c. 109, § 1, eff. Oct. 1, 2017.
Formerly Art. 43, §§ 768, 777.
MD Code, Health Occupations, § 9-301, MD HEALTH OCCUP § 9-301
Current through legislation effective through April 9, 2023, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
