Ch. 194

1997 LAWS OF MARYLAND

(B) THE MEMBERSHIP OF THE ADVISORY COMMITTEE SHALL INCLUDE TWO
NURSING ASSISTANTS.

(C) THE ADVISORY COMMITTEE SHALL ADVISE THE BOARD CONCERNING
MATTERS RELATED TO NURSING ASSISTANTS.

8-6A-15.

(A) THE BOARD SHALL APPROVE EACH NURSING ASSISTANT TRAINING
PROGRAM PRIOR TO ITS IMPLEMENTATION AND PROVIDE PERIODIC SURVEY OF
ALL PROGRAMS IN THE STATE.

(B) THE CURRICULUM CONTENT FOR AN APPROVED NURSING ASSISTANT
TRAINING PROGRAM SHALL COMPLY WITH THE REGULATIONS ADOPTED BY THE
BOARD.

(C) THE CURRICULUM SHALL INCLUDE MATERIAL THAT PROVIDES A BASIC
LEVEL OF KNOWLEDGE AND DEMONSTRABLE SKILLS FOR EACH INDIVIDUAL
COMPLETING THE PROGRAM AND BE PRESENTED IN A MANNER THAT PROVIDES
FOR CONSIDERATION OF INDIVIDUALS WITH LIMITED LITERACY SKILLS.

(D) THE CURRICULUM SHALL ALLOW FOR INDIVIDUAL CONTENT RELATED
TO THE NEEDS OF POPULATIONS IN SPECIFIC HEALTH CARE SETTINGS.

(E) THE BOARD MAY NOT REQUIRE THE CURRICULUM CONTENT OF AN
APPROVED NURSING ASSISTANT TRAINING PROGRAM TO SUBSTANTIALLY EXCEED
THE REQUIREMENTS ESTABLISHED IN THE FEDERAL OMNIBUS BUDGET
RECONCILIATION ACT OF 1987, AS AMENDED.

8-6A-16.

(A) IF, DURING THE INVESTIGATION OF AN ALLEGATION BROUGHT AGAINST
A CERTIFIED NURSING ASSISTANT UNDER THIS SUBTITLE, THE BOARD HAS REASON
TO BELIEVE THAT THE CERTIFIED NURSING ASSISTANT MAY CAUSE HARM TO A
PERSON AFFECTED BY THE PRACTICE OF THE CERTIFIED NURSING ASSISTANT, THE
BOARD, ON ITS OWN INITIATIVE, SHALL DIRECT THE CERTIFIED NURSING
ASSISTANT TO SUBMIT TO AN APPROPRIATE EXAMINATION BY A HEALTH CARE
PROVIDER DESIGNATED BY THE BOARD.

(B) IN RETURN FOR THE PRIVILEGE GIVEN TO A CERTIFIED NURSING
ASSISTANT TO PRACTICE IN THE STATE, THE CERTIFIED NURSING ASSISTANT IS
DEEMED TO HAVE:

(1) CONSENTED TO SUBMIT TO AN EXAMINATION UNDER THIS SECTION
IF REQUESTED BY THE BOARD IN WRITING; AND

(2) WAIVED ANY LEGAL CLAIM OF PRIVILEGE AS TO THE TESTIMONY
OR EXAMINATION REPORTS OF THE EXAMINING HEALTH CARE PROVIDER.

(C) THE FAILURE OR REFUSAL OF A CERTIFIED NURSING ASSISTANT TO
SUBMIT TO AN EXAMINATION REQUIRED UNDER SUBSECTION (B) OF THIS SECTION
IS PRIMA FACIE EVIDENCE OF THE INABILITY OF THE CERTIFIED NURSING
ASSISTANT TO COMPETENTLY PRACTICE AS A CERTIFIED NURSING ASSISTANT,

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