Maryland § 8-6A-05 - IN EFFECT

§ 8-6A-05. IN EFFECT

    IN EFFECT

    (a)    The Board shall adopt regulations establishing:

        (1)    Categories of certified nursing assistants, including geriatric nursing assistants, home health aides, school health aides, individuals working in developmental disabilities administration facilities, and medicine aides;

        (2)    Qualifications for each category of certified nursing assistant;

        (3)    Qualifications for certified dialysis technicians;

        (4)    Qualifications for certified medication technicians;

        (5)    Standards for qualification of applicants for certification, including the applicant’s criminal history, work record, and prohibitions against behavior which may be potentially harmful to patients; and

        (6)    Standards for the online provision of didactic instruction in a nursing assistant training program that meets the requirements established by the Board.

    (b)    (1)    To qualify for certification as a nursing assistant, a nursing assistant in a specific category, a dialysis technician, or a medication technician, an applicant shall meet the requirements set by the Board.

        (2)    Requirements set by the Board under paragraph (1) of this subsection regarding qualifications for certification as a geriatric nursing assistant shall include provisions to allow an individual who has been practicing as a temporary nursing assistant, in accordance with the waiver of the requirements of 42 C.F.R. § 483.35(d) issued by the Centers for Medicare and Medicaid Services on March 6, 2020, to apply on–the–job experience as a nursing assistant toward the total number of training hours required for certification as a geriatric nursing assistant.

    (c)    (1)    An applicant for a certificate shall:

            (i)    Submit an application to the Board on the form that the Board requires;

            (ii)    Provide evidence, as required by the Board, of successful completion of:

                1.    An approved nursing assistant training program;

                2.    An approved dialysis technician training program;

                3.    An approved course in medication administration; or

                4.    A portion of an approved nursing education program that the Board determines meets the requirements of a nursing assistant training program or medication administration course;

            (iii)    Pay to the Board an application fee set by the Board;

            (iv)    Be of good moral character;

            (v)    Be at least 16 years old to apply for certification as a nursing assistant;

            (vi)    Be at least 18 years old to apply for certification as a dialysis technician; and

            (vii)    Be at least 18 years old to apply for certification as a medication technician.

        (2)    Subject to paragraph (1) of this subsection, an applicant for certification as a certified nursing assistant or dialysis technician shall submit to the Board:

            (i)    A criminal history records check in accordance with § 8–303 of this title and § 8–6A–08(k) of this subtitle; and

            (ii)    On the form required by the Board, written, verified evidence that the requirement of item (i) of this paragraph is being met or has been met.

        (3)    An applicant for certification as a certified medicine aide, in addition to the requirements under paragraph (1) of this subsection, shall submit an additional application to that effect to the Board on the form that the Board requires.

        (4)    An applicant for a certificate may not:

            (i)    Have committed any act or omission that would be grounds for discipline or denial of certification under this subtitle; and

            (ii)    Have a record of abuse, negligence, misappropriation of a resident’s property, or any disciplinary action taken or pending in any other state or territory of the United States against the certification of the nursing assistant or medication technician in the state or territory.

§8–6A–05.    ** TAKES EFFECT APRIL 1, 2026 PER CHAPTER 416 OF 2025 **

    (a)    The Board, after consultation with relevant stakeholders, shall adopt regulations establishing:

        (1)    Qualifications for certified nursing assistants, including certified medicine aides;

        (2)    Qualifications for certified dialysis technicians;

        (3)    Qualifications for certified medication technicians;

        (4)    Standards for qualification of applicants for certification, including the applicant’s criminal history, work record, and prohibitions against behavior which may be potentially harmful to patients; and

        (5)    Standards for the online provision of didactic instruction in a nursing assistant training program that meets the requirements established by the Board.

    (b)    (1)    To qualify for certification as a nursing assistant, a certified medicine aide, a dialysis technician, or a medication technician, an applicant shall meet the requirements set by the Board.

        (2)    Requirements set by the Board under paragraph (1) of this subsection regarding qualifications for certification as a certified nursing assistant–I shall include provisions to allow an individual who has been practicing as a temporary nursing assistant, in accordance with the waiver of the requirements of 42 C.F.R. § 483.35(d) issued by the Centers for Medicare and Medicaid Services on March 6, 2020, to apply on–the–job experience as a nursing assistant toward the total number of training hours required for certification as a certified nursing assistant–I.

    (c)    (1)    An applicant for a certificate shall:

            (i)    Submit an application to the Board on the form that the Board requires;

            (ii)    Provide evidence, as required by the Board, of successful completion of:

                1.    An approved nursing assistant training program or approved acute care nursing assistant training program;

                2.    An approved dialysis technician training program;

                3.    An approved course in medication administration; or

                4.    A portion of an approved nursing education program that the Board determines meets the requirements of an approved nursing assistant training program or medication administration course;

            (iii)    Pay to the Board an application fee set by the Board;

            (iv)    Be of good moral character;

            (v)    Be at least 16 years old to apply for certification as a nursing assistant;

            (vi)    Be at least 18 years old to apply for certification as a dialysis technician; and

            (vii)    Be at least 18 years old to apply for certification as a medication technician.

        (2)    Subject to paragraph (1) of this subsection, an applicant for certification as a certified nursing assistant or dialysis technician shall submit to the Board:

            (i)    A criminal history records check in accordance with § 8–303 of this title and § 8–6A–08(k) of this subtitle; and

            (ii)    On the form required by the Board, written, verified evidence that the requirement of item (i) of this paragraph is being met or has been met.

        (3)    (i)    An applicant for certification as a certified nursing assistant shall submit to the Board satisfactory evidence of passing a nursing assistant competency evaluation.

            (ii)    An applicant who has completed an approved acute care nursing assistant training program shall be deemed to have fulfilled the classroom and clinical standards to sit for the nursing assistant competency evaluation.

        (4)    An applicant for a certificate may not:

            (i)    Have committed any act or omission that would be grounds for discipline or denial of certification under this subtitle; and

            (ii)    Have a record of abuse, negligence, misappropriation of a resident’s property, or any disciplinary action taken or pending in any other state or territory of the United States against the certification of the nursing assistant or medication technician in the state or territory.

        (5)    Beginning April 1, 2026, a certified nursing assistant–II may be certified as a certified nursing assistant–I by:

            (i)    Submitting an application to the Board on the form that the Board requires; and

            (ii)    Providing satisfactory evidence of:

                1.    Successful completion of an approved nursing assistant training program; and

                2.    Passing a nursing assistant competency evaluation.