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Ch. 212
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PARRIS N. GLENDENING, Governor
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(I) A REGISTERED NURSE WHO IS LICENSED TO PRACTICE IN THE
STATE; OR
(II) A PRACTICAL NURSE WHO IS LICENSED TO PRACTICE IN THE
STATE.
(2) "UNLICENSED PERSONNEL" MEANS A CERTIFIED NURSE ASSISTANT,
NURSE AIDE, CERTIFIED MEDICATION AIDE, OR OTHER NURSING HOME EMPLOYEE
REQUIRED TO PROVIDE DIRECT NURSING CARE TO NURSING HOME RESIDENTS.
(B) A NURSING HOME SHALL EMPLOY STAFF SUFFICIENT IN NUMBER AND
QUALIFICATIONS TO MEET THE SCHEDULED AND UNSCHEDULED NURSING CARE
NEEDS OF THE RESIDENTS.
(C) TO QUALIFY FOR A LICENSE OR RENEWAL LICENSE;
(1) A NURSING HOME SHALL PROVIDE SUFFICIENT STAFF TO ENSURE
AT LEAST A TOTAL OF 4 HOURS OF DIRECT NURSING CARE PER RESIDENT PER DAY;
(2) OF THE TOTAL DIRECT NURSING CARE HOURS PER PATIENT PER
DAY, AT LEAST 3 HOURS OF THAT CARE SHALL BE PROVIDED BY UNLICENSED
PERSONNEL AND AT LEAST 1 HOUR OF THAT CARE SHALL BE PROVIDED BY
LICENSED PERSONNEL;
(3) LICENSED PERSONNEL AND UNLICENSED PERSONNEL MAY NOT
PROVIDE FOOD PREPARATION, HOUSEKEEPING, LAUNDRY, OR MAINTENANCE
SERVICES; AND
(4) AN INDIVIDUAL EMPLOYED TO PROVIDE FOOD PREPARATION,
HOUSEKEEPING, LAUNDRY, OR MAINTENANCE SERVICES MAY NOT PROVIDE
NURSING CARE TO RESIDENTS.
(D) (1) A NURSING HOME SHALL DISPLAY ON EACH FLOOR OF THE HOME A
NOTICE THAT EXPLAINS THE CURRENT RATIO OF LICENSED PERSONNEL TO
RESIDENTS AND UNLICENSED PERSONNEL TO RESIDENTS.
(2) THE NOTICE SHALL BE;
(I) POSTED IN A LOCATION THAT IS VISIBLE AND ACCESSIBLE TO
RESIDENTS, FAMILY MEMBERS OF THE RESIDENTS, CAREGIVERS, AND POTENTIAL
CONSUMERS; AND
(II) ON A FORM PROVIDED BY THE DEPARTMENT.
(E) (1) THE STAFFING REQUIREMENTS UNDER THIS SECTION ARE
MINIMUM REQUIREMENTS AND MAY NOT BE CONSTRUED TO LIMIT THE ABILITY OF
THE NURSING HOME TO EMPLOY ADDITIONAL STAFF.
(2) FOR A NURSING HOME OR GROUP OF NURSING HOMES, THE
DEPARTMENT MAY INCREASE THE MINIMUM STAFF RATIO TO ADDRESS RESIDENT
ACUITY LEVELS.
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- 1421 -
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