• English
    X

    Google Translate Disclaimer

    The Maryland Department of Information Technology (“DoIT”) offers translations of the content through Google Translate. Because Google Translate is an external website, DoIT does not control the quality or accuracy of translated content. All DoIT content is filtered through Google Translate which may result in unexpected and unpredictable degradation of portions of text, images and the general appearance on translated pages. Google Translate may maintain unique privacy and use policies. These policies are not controlled by DoIT and are not associated with DoIT’s privacy and use policies. After selecting a translation option, users will be notified that they are leaving DoIT’s website. Users should consult the original English content on DoIT’s website if there are any questions about the translated content.

    DoIT uses Google Translate to provide language translations of its content. Google Translate is a free, automated service that relies on data and technology to provide its translations. The Google Translate feature is provided for informational purposes only. Translations cannot be guaranteed as exact or without the inclusion of incorrect or inappropriate language. Google Translate is a third-party service and site users will be leaving DoIT to utilize translated content. As such, DoIT does not guarantee and does not accept responsibility for, the accuracy, reliability, or performance of this service nor the limitations provided by this service, such as the inability to translate specific files like PDFs and graphics (e.g. .jpgs, .gifs, etc.).

    DoIT provides Google Translate as an online tool for its users, but DoIT does not directly endorse the website or imply that it is the only solution available to users. All site visitors may choose to use alternate tools for their translation needs. Any individuals or parties that use DoIT content in translated form, whether by Google Translate or by any other translation services, do so at their own risk. DoIT is not liable for any loss or damages arising out of, or issues related to, the use of or reliance on translated content. DoIT assumes no liability for any site visitor’s activities in connection with use of the Google Translate functionality or content.

    The Google Translate service is a means by which DoIT offers translations of content and is meant solely for the convenience of non-English speaking users of the website. The translated content is provided directly and dynamically by Google; DoIT has no direct control over the translated content as it appears using this tool. Therefore, in all contexts, the English content, as directly provided by DoIT is to be held authoritative.

    PROPOSAL
    Maryland Register
    Issue Date:  November 28, 2016
    Volume 43 • Issue 24 • Pages 1357—1361
     
    Title 10
    DEPARTMENT OF HEALTH AND MENTAL HYGIENE
    Notice of Proposed Action
    [16-306-P]
    The Secretary of Health and Mental Hygiene proposes to:
    (1) Adopt new Regulation .04, recodify existing Regulations .04, .06—.08, .11, and .13—.17 to be Regulations .05, .07—.09, .12, .14—.18, respectively, and amend and recodify existing Regulations .05, .09, .10, and .12 to be Regulations .06, .10, .11, and .13, respectively, under COMAR 10.27.01 Examination and Licensure;
    (2) Adopt new Regulation .03, recodify existing Regulations .03, .05, and .07 to be Regulations .04, .06, and .08, respectively, and amend and recodify existing Regulations .04, .06, and .08 to be Regulations .05, .07, and .09, respectively, under COMAR 10.39.01 Certification of Nursing Assistants;
    (3) Amend Regulation .04 under COMAR 10.39.04 Medication Technicians; and
    (4) Adopt new Regulation .01, amend and recodify existing Regulations .01, .03, and .04 to be Regulations .02, .04, and .05, respectively, and recodify existing Regulations .02 and .05—.09 to be Regulations .03 and .06—10, respectively, under COMAR 10.53.02 Licensure.
    This action was considered by the Board at its regular meetings held on July 27 and September 27, 2016, notice of which was posted on the Board’s website monthly beginning June, 2016 through September, 2016, pursuant to General Provisions Article, §3-302(c), Annotated Code of Maryland.
    Statement of Purpose
    The purpose of this action is to:
    (1) Add new language for licensees and certificate holders to clarify that there is a 1 year deadline for submitting documents and information relating to applications and any positive results from a criminal history records check;
    (2) Establish rules for when an incomplete application is determined to be abandoned, and when an applicant has to re-apply;
    (3) Repeal the requirement for a passport photo to accompany nursing and nursing assistant applications;
    (4) Repeal obsolete references to paper licenses;
    (5) Repeal obsolete reference to the category of skilled nursing assistants;
    (6) Establish requirements for certification as a Certified Nursing Assistant/Dialysis Technician (CNA/DT) that comply with federal requirements; and
    (7) Make other technical and clarifying changes.
    Comparison to Federal Standards
    There is a corresponding federal standard to this proposed action, but the proposed action is not more restrictive or stringent.
    Estimate of Economic Impact
    The proposed action has no economic impact.
    Economic Impact on Small Businesses
    The proposed action has minimal or no economic impact on small businesses.
    Impact on Individuals with Disabilities
    The proposed action has no impact on individuals with disabilities.
    Opportunity for Public Comment
    Comments may be sent to Michele Phinney, Director, Office of Regulation and Policy Coordination, Department of Health and Mental Hygiene, 201 West Preston Street, Room 512, Baltimore, MD 21201, or call 410-767-6499 (TTY 800-735-2258), or email to dhmh.regs@maryland.gov, or fax to 410-767-6483. Comments will be accepted through December 28, 2016. A public hearing has not been scheduled.
     
    Subtitle 27 BOARD OF NURSING
    10.27.01 Examination and Licensure
    Authority: Health Occupations Article, §§1-213, 8-201, 8-205, 8-206, 8-301—8-315, 8-703, and 8-6A-05(a), Annotated Code of Maryland; Ch. 486, Acts of 2012
    .04 General Provisions for Applications.
    A. An applicant shall submit:
    (1) A completed application to the Board on the form that the Board requires;
    (2) To a criminal history records check (CHRC) in accordance with Health Occupations Article, §8–303, Annotated Code of Maryland;
    (3) Written evidence satisfactory to the Board that the applicant has submitted to a CHRC as required by §A(2) of this regulation by submitting:
    (a) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (b) All fees required by the Central Repository and the FBI;
    (4) Any documentation requested from the applicant by the Board including, but not limited to, official certified or true test court documents and a signed, dated explanation written by the applicant, regarding the facts and circumstances, outcome, and current status of any criminal history record information received by the Board:
    (a) Under Health Occupations Article, §8-303, Annotated Code of Maryland;
    (b) In an answer to a question on the Board’s application form; or
    (c) From any other source; and
    (5) Any additional documentation requested by the Board if the documentation received from the applicant under §A(4) this regulation is incomplete or insufficient.
    B. If an application is not complete when initially submitted to the Board by the applicant, the applicant shall have no longer than 12 months from the date the application is received by the Board to:
    (1) Complete the application; and
    (2) Provide all information and documents required in §A of this regulation.
    C. If an applicant fails to provide to the Board a complete application and any additional documentation requested by the Board in §A of this regulation within 12 months from the date the application is received by the Board, then the application:
    (1) Shall be considered abandoned; and
    (2) May be destroyed.
    D. Once an application is deemed abandoned under §C of this regulation, an individual seeking licensure shall:
    (1) Submit a new application;
    (2) Meet all of the requirements for licensure; and
    (3) Pay the required fees that are in effect at the time of re-application.
    [.05] .06 Application for Licensure by Examination.
    A. An applicant shall [submit to the Board]:
    [(1) An application on forms the Board requires;]
    (1) Comply with all of the requirements in Regulation .04A of this chapter;
    (2) [An] File and submit a completed application to the National Council of State Boards of Nursing on the form required; and
    (3) [The] Pay any required fees[; and].
    [(4) Submit written evidence satisfactory to the Board that the applicant has completed the application for a criminal history records check by submitting the following:
    (a) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (b) All fees required by the Central Repository and the FBI.]
    B.—C. (text unchanged)
    [D. Each application shall have attached one passport photograph of the applicant.
    E. Applicants making application for examination shall:
    (1) Submit a completed application to the Board;
    (2) File and submit a completed application to the National Council of State Boards of Nursing; and
    (3) Pay all required fees to the Board and the National Council of State Boards of Nursing.]
    [F.] D.[G.] E. (text unchanged)
    [H. An application which remains incomplete for 12 months may be considered abandoned and may be destroyed.]
    [I.] F. (text unchanged)
    [.09] .10 Licensure by Endorsement.
    A. An applicant licensed to practice registered nursing or practical nursing in another state, territory, or country is eligible for licensure without examination if the applicant:
    [(1) Submits an application on a form the Board requires;]
    (1) Complies with all of the requirements under Regulation .04A of this chapter;
    (2) (text unchanged)
    (3) Submits the following verifications directly to the Board from the appropriate authority:
    (a)—(c) (text unchanged)
    (d) That the examination used for licensure was the:
    (i)— (iii) (text unchanged)
    (iv) 'Canadian Nurses Association Test Service Examination for Registered Nurses' taken before 1982; and
    (e) Oral competency in the English language;
    [(f) Written, verified evidence that the applicant has completed an application for a criminal history records check in accordance with Regulation .05 of this chapter by:
    (i) Submitting two sets of fingerprints required by the Central Repository and the FBI; and
    (ii) Paying all fees required by the Central Repository and the FBI;]
    (4)—(5) (text unchanged)
    B.—D. (text unchanged)
    [.10] .11 Issuance of Licenses.
    A.—C. (text unchanged)
    [D. A duplicate license shall be issued:
    (1) For a lost or stolen license provided the licensee:
    (a) Makes the request in writing;
    (b) Provides a notarized statement or police report attesting to the facts; and
    (c) Pays the required fee.
    (2) For change of name provided the licensee:
    (a) Makes the request in writing;
    (b) Provides a notarized statement or appropriate legal documentation attesting to the change;
    (c) Pays the required fee; and
    (d) Surrenders both portions of the current license.
    (3) At no charge provided that:
    (a) An incorrect license was issued which was a result of a Board error and that the licensee:
    (i) Notified the Board in writing within 6 weeks of receipt of the license, and
    (ii) Surrendered both portions of the incorrect license;
    (b) A license was not received by the licensee within 6 weeks of issuance, and:
    (i) The licensee provides a notarized statement to the Board attesting to nonreceipt of the license, and
    (ii) The notarized statement in §D(3)(b)(i) of this regulation is received within 4 months of the date the license was issued by the Board.]
    D. An incorrect license issued as a result of a Board error will be corrected in the Board’s data base at no charge to the licensee.
    E. A licensee who requests a change of name for a license shall:
    (1) Make the request in writing on the form required by the Board; and
    (2) Provide appropriate legal documentation supporting the change.
    [E.] F. An inactive status license shall be issued to any licensee who pays the required fee and submits the [appropriate] form required by the Board.
    [.12] .13 Renewal of License.
    A.—H. (text unchanged)
    I. Upon notification by the Board that a criminal history records check is required before a license can be renewed, a renewal applicant shall [submit to the Board before renewal of the license, written verified evidence that the renewal applicant has completed an application for a criminal history records check by submitting the following:
    (1) Two sets of fingerprints as required by the Central Repository and the FBI; and
    (2) All fees required by the Central Repository and the FBI] comply with all of the requirements under Regulation .04A of this chapter.
    J.—N. (text unchanged)
     
    Subtitle 39 BOARD OF NURSING — CERTIFIED NURSING ASSISTANTS
    10.39.01 Certification of Nursing Assistants
    Authority: Health Occupations Article, §§8-205, 8-206, 8-303, 8-304, 8-308, and 8-6A-01—8-6A-16, Annotated Code of Maryland; Ch. 486, Acts of 2012
    .03 General Provisions for Applications.
    A. An applicant shall submit:
    (1) A completed application to the Board on the form that the Board requires;
    (2) To a criminal history records check (CHRC) in accordance with Health Occupations Article, §8–303, Annotated Code of Maryland;
    (3) Written evidence satisfactory to the Board that the applicant has submitted to a CHRC as required by §A(2) of this regulation by submitting:
    (a) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (b) All fees required by the Central Repository and the FBI;
    (4) Any documentation requested from the applicant by the Board including, but not limited to, official certified or true test court documents and a signed, dated explanation written by the applicant, regarding the facts and circumstances, outcome, and current status of any criminal history record information received by the Board:
    (a) Under §A(2) of this regulation;
    (b) In an answer to a question on the Board’s application form; or
    (c) From any other source; and
    (5) Any additional documentation requested by the Board if the documentation received from the applicant under §A(4) of this regulation is incomplete or insufficient.
    B. If an application is not complete when initially submitted to the Board by the applicant, the applicant shall have no longer than 12 months from the date the application is received by the Board to complete the application and provide all information and documents required in §A of this regulation.
    C. If an applicant fails to provide to the Board a complete application and any additional documentation requested by the Board under §A of this regulation within 12 months from the date the application is received by the Board, then the application shall be considered abandoned and may be destroyed.
    D. Once an application is deemed abandoned under §C of this regulation, an individual seeking CNA certification shall submit a new application on the form required by the Board and meet all of the requirements for CNA certification and pay the required fees that are in effect at the time of re-application.
    [.04] .05 Application for Certification.
    A. An applicant shall [submit to the Board]:
    [(1) A completed application on the form required by the Board;
    (2) A current passport photograph;]
    (1) Comply with all of the requirements under Regulation .03A of this chapter; and
    [(3)] (2) [The] Pay the required fee to the Board[; and].
    [(4) Written, verified evidence satisfactory to the Board that the applicant has completed the application for a criminal history records check by submitting the following:
    (a) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (b) All fees required by the Central Repository and the FBI.]
    B.—C. (text unchanged)
    D. Certification by Endorsement. An applicant certified as a nursing assistant in another state or territory is eligible for certification if the applicant:
    [(1) Submits an application on the form required by the Board;
    (2) Attaches a current passport photograph;]
    (1) Complies with all of the requirements under Regulation .03A of this chapter;
    [(3)] (2) (text unchanged)
    [(4)] (3) Submits the following verifications directly to the Board from the appropriate authority:
    (a)—(b) (text unchanged)
    (c) A statement that the applicant has not committed any act or omission that would be grounds for discipline or denial of certification; and
    (d) A statement that the applicant has no record of abuse, negligence, or misappropriation of a client's property or any disciplinary action taken or pending in any state or territory of the United States against the certification of the CNA [; and].
    [(e) Written, verified evidence that the applicant has completed a criminal history records check under §A(4) of this regulation.]
    E. (text unchanged)
    [.06] .07 Renewal.
    A.—F. (text unchanged)
    [G. In addition to the requirements in §§B, C, D, and F of this regulation, a skilled nursing assistant shall:
    (1) Provide satisfactory evidence of completion of 1,000 hours of practice as a skilled nursing assistant within the individual's specific category of nursing assistant, in the 2-year period preceding the date of the renewal; and
    (2) Successfully complete a Board-approved refresher course within the individual's specific category of nursing assistant.]
    [H.] G. Upon notification by the Board that a criminal history records check is required before renewal of certification, a renewal applicant shall [submit to the Board, before renewal of the certificate, written, verified evidence that the renewal applicant has completed an application for a criminal history records check by submitting the following:
    (1) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (2) All fees required by the Central Repository and the FBI] comply with all requirements under Regulation .03A of this chapter.
    [I.] H.—[J.] I. (text unchanged)
    [K. Individuals who do not meet the requirements of §G of this regulation may be subject to discipline under Health Occupations Article, §8-6A-09, Annotated Code of Maryland.]
    [L.] J.[P.] N. (text unchanged)
    [.08] .09 Categories of CNA.
    A.—C. (text unchanged)
    D. Dialysis Technician.
    (1) An applicant for certification as a CNA shall have the status of Dialysis Technician on the CNA certificate if the applicant has completed the following requirements:
    (a) Is certified as a CNA; [and]
    (b) Has successfully completed a Dialysis Technician training program [approved] that:
    (i) Is approved by the Board:
    (ii) Prepares the applicant for national certification in accordance with 42 CFR §494.140(e); and
    (c) Obtains national certification upon eligibility.
    (2) The following national dialysis technician certifications are recognized by the Board:
    (a) Certified Clinical Hemodialysis Technician (CCHT) by the Nephrology Nursing Certification Commission (NNCC);
    (b) Clinical Nephrology Technician (CNT) by the National Nephrology Certification Organization (NNCO); and
    (c) Certified Hemodialysis Technician (CHT) by the Board of Nephrology Examiners Nursing Technology (BONENT).
    [(2)] (3) The status as a CNA-Dialysis Technician shall end on expiration of the CNA certificate unless the applicant verifies at the time of renewal that the applicant:
    (a) Has completed 16 hours of practice as a dialysis technician in the 2 years before renewal; [and]
    (b) Has completed a 3-hour continuing education course approved by the Board; and
    (c) Has an active national certification from one of the approved certification bodies listed in §D(2) of this regulation.
    (4) Except as provided in §D(8) of this regulation, a dialysis technician:
    (a) Is required to have an active national certification at the time of renewal; and
    (b) Shall ensure that the Board has a record of a renewed national certification if a certification expires before the renewal date for the dialysis technician.
    (5) Certification will be deemed to have lapsed if the Board does not have a record of a current active national certification at the time of renewal.
    (6) The dialysis technician certification shall become non-renewed if the renewal applicant fails to provide evidence of a current active national certification.
    (7) An applicant who has let their national certification lapse and does not qualify for recertification shall re-apply for a national certification for dialysis technician.
    (8) If an applicant has not had 18 months to qualify for a national certification before their first renewal, the applicant may renew their certification as a CNA/DT provided that they have a national certification at their next renewal period.
    E. (text unchanged)
     
    10.39.04 Medication Technicians
    Authority: Health Occupations Article, §§8-205(a) and 8-6A-01—8-6A-16, Annotated Code of Maryland
    .04 Qualifications for Applicants for Certification.
    A. An applicant for MT certification shall:
    (1) (text unchanged)
    (2) Submit to the Board:
    (a) An application to the Board on the form required by the Board and signed by the RN that taught the applicant's medication technician training program; and
    [(b) A current passport photograph;]
    [(c)] (b) (text unchanged)
    (3)—(4) (text unchanged)
    B.—C. (text unchanged)
    D. An applicant who reports a positive criminal history on any application shall provide:
    (1) Any documentation requested from the applicant by the Board including, but not limited to, official certified or true test court documents and a signed, dated explanation written by the applicant, regarding the facts and circumstances, outcome, and current status of any criminal history record information received by the Board:
    (a) In an answer to a question on the Board’s application form; or
    (b) From any other source; and
    (2) Any additional documentation requested by the Board if the documentation received from the applicant under §D(1) of this section is incomplete or insufficient.
    E. If an application is not complete when initially submitted to the Board by the applicant, the applicant shall have no longer than 12 months from the date the application is received by the Board to complete the application and provide all information and documents required under §D of this regulation.
    F. If an applicant fails to provide to the Board a complete application and any additional documentation requested by the Board under §D of this regulation within 12 months from the date the application is received by the Board, then the application shall be considered abandoned and may be destroyed.
    G. Once an application is deemed abandoned under §F of this regulation, an individual seeking MT certification must submit a new application and meet all of the requirements for MT certification and pay the required fees that are in effect at the time of re-application.
     
    Subtitle 53 BOARD OF NURSING — ELECTROLOGY PRACTICE COMMITTEE
    10.53.02 Licensure
    Authority: Health Occupations Article, §§8-205, 8-303, and 8-6B-01—8-6B-29, Annotated Code of Maryland
    .01 General Provisions for Applications.
    A. An applicant shall submit:
    (1) A completed application to the Board on the form that the Board requires;
    (2) To a criminal history records check (CHRC) in accordance with Health Occupations Article, §8–303, Annotated Code of Maryland;
    (3) Written evidence satisfactory to the Board that the applicant has submitted to a CHRC as required under §A(2) of this regulation by submitting:
    (a) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (b) All fees required by the Central Repository and the FBI;
    (4) Any documentation requested from the applicant by the Board including, but not limited to, official certified or true test court documents and a signed, dated explanation written by the applicant, regarding the facts and circumstances, outcome, and current status of any criminal history record information received by the Board:
    (a) Under §A(2) of this regulation;
    (b) In an answer to a question on the Board’s application form; or
    (c) From any other source; and
    (5) Any additional documentation requested by the Board if the documentation received from the applicant under this section is incomplete or insufficient.
    B. If an application is not complete when initially submitted to the Board by the applicant, the applicant shall have no longer than 12 months from the date the application is received by the Board to complete the application and provide all information and documents required in §A of this regulation.
    C. If an applicant fails to provide to the Board a complete application and any additional documentation requested by the Board under §A of this regulation within 12 months from the date the application is received by the Board, then the application shall be considered abandoned and may be destroyed.
    D. Once an application is deemed abandoned under §C of this regulation, an individual seeking licensure shall submit a new application on the form required by the Board and meet all of the requirements for licensure and pay the required fees that are in effect at the time of re-application.
    [.01] .02 Applicants for Licensure.
    A. (text unchanged)
    B. To apply for a license, an applicant shall [submit to the Board]:
    [(1) An application on the form the Board requires; and]
    (1) Comply with all of the requirements under Regulation .01A of this chapter; and
    (2) Submit to the Board:
    [(2)] (a) Evidence of compliance with §A of this regulation;
    [(3)] (b) Information required by Regulation [.02] .03 or [.03] .04 of this chapter as appropriate;
    [(4)] (c) Any applicable fee as set by the Board in COMAR 10.53.12; and
    [(5) Written, verified evidence satisfactory to the Board that the applicant has completed the application for a criminal history records check by submitting the following:
    (a) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (b) All fees required by the Central Repository and the FBI; and]
    [(6)] (d) (text unchanged)
    C.—D. (text unchanged)
    [.03] .04 Licensure by Waiver.
    A. An applicant who is licensed in another state shall [submit to the Board]:
    (1) Comply with all requirements under Regulation .01A of this chapter; and
    (2) Submit to the Board:
    [(1)] (a) (text unchanged)
    [(2)] (b) Evidence of successful examination in another state that was substantially equivalent to the examinations given in this State; and
    [(3)] (c) A certificate of completion from each electrology instruction program attended that was substantially equivalent to the program requirements in this State, with verification of the number of hours completed in each theory and clinical training[; and].
    [(4) Written, verified evidence that the applicant has completed an application for a criminal history records check by submitting the following:
    (a) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (b) All fees required by the Central Repository and the FBI.]
    B.—C. (text unchanged)
    [.04] .05 Renewal of Licensure.
    A. (text unchanged)
    B. [After January 1, 2008, on] On notification by the Board that a criminal history records check is required before renewal of licensure, a renewal applicant shall [submit to the Board, before renewal of the license, written, verified evidence that the renewal applicant has completed an application for a criminal history records check by submitting the following:
    (1) Two sets of fingerprints, as required by the Central Repository and the FBI; and
    (2) All fees required by the Central Repository and the FBI] comply with all requirements under Regulation .01A of this chapter.
    C. (text unchanged)
    VAN T. MITCHELL
    Secretary of Health and Mental Hygiene