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PARRIS N. GLENDENING, Governor
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Ch. 213
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Article—Health—General
19-1410.
(A) IN THIS SECTION THE FOLLOWING WORDS HAVE THE MEANINGS
INDICATED.
(1) "LICENSED PERSONNEL" MEANS:
(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.
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- 1425 -
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