ROBERT L. EHRLICH, JR., Governor                             Ch. 310

(III) SHALL AUTHORIZE A MAXIMUM OF 25 HOURS OF TRAINING
THROUGH INTERNET COURSES, CORRESPONDENCE COURSES, TAPES, OR OTHER
TRAINING METHODS THAT DO NOT REQUIRE DIRECT INTERACTION BETWEEN
FACULTY AND PARTICIPANTS.

(B)     AN ASSISTED LIVING MANAGER EMPLOYED IN A PROGRAM THAT IS
LICENSED FOR 17 OR MORE BEDS SHALL BE REQUIRED TO COMPLETE 20 HOURS OF
DEPARTMENT-APPROVED CONTINUING EDUCATION EVERY 2 YEARS.

(C)     IN ADDITION TO THE SANCTIONS SPECIFIED IN COMAR 10.07.14.48, AN
ASSISTED LIVING PROGRAM THAT FAILS TO EMPLOY AN ASSISTED LIVING MANAGER
WHO MEETS THE REQUIREMENTS OF THIS SECTION MAY BE SUBJECT TO A CIVIL
MONEY PENALTY NOT TO EXCEED $10,000.

(D)     (1) THE REQUIREMENTS OF SUBSECTION (A) OF THIS SECTION DO NOT
APPLY TO AN INDIVIDUAL WHO:

(I)      IS EMPLOYED BY AN ASSISTED LIVING PROGRAM AND HAS
ENROLLED IN A DEPARTMENT-APPROVED MANAGER TRAINING COURSE THAT THE
INDIVIDUAL EXPECTS TO COMPLETE WITHIN 6 MONTHS;

(II)     EXCEPT AS PROVIDED IN PARAGRAPH (3) OF THIS SUBSECTION,
IS TEMPORARILY SERVING AS AN ASSISTED LIVING MANAGER FOR NO LONGER THAN
45 DAYS, DUE TO AN ASSISTED LIVING MANAGER LEAVING EMPLOYMENT AND PRIOR
TO THE HIRING OF A PERMANENT ASSISTED LIVING MANAGER; OR

(III)   SUBJECT TO PARAGRAPH (2) OF THIS SUBSECTION:

1.       HAS BEEN EMPLOYED AS AN ASSISTED LIVING MANAGER
IN THE STATE FOR 1 YEAR PRIOR TO JANUARY 1, 2006; OR

2.       IS LICENSED AS A NURSING HOME ADMINISTRATOR IN
THE STATE.

(2)      THE DEPARTMENT MAY REQUIRE AN INDIVIDUAL WHO IS EXEMPT
UNDER PARAGRAPH (1)(III) OF THIS SUBSECTION TO COMPLETE A MANAGER
TRAINING COURSE AND EXAMINATION IF THE DEPARTMENT FINDS THAT THE
ASSISTED LIVING MANAGER REPEATEDLY OR INTENTIONALLY HAS VIOLATED STATE
LAW OR REGULATIONS ON ASSISTED LIVING AND THAT THOSE VIOLATIONS HAVE
CAUSED ACTUAL PHYSICAL OR EMOTIONAL HARM TO A RESIDENT.

(3)     AN ASSISTED LIVING PROGRAM MAY REQUEST AN EXTENSION FROM
THE DEPARTMENT TO ALLOW AN INDIVIDUAL TO SERVE AS AN ASSISTED LIVING
MANAGER FOR LONGER THAN 45 DAYS IF THE ASSISTED LIVING PROGRAM HAS
SHOWN GOOD CAUSE FOR THE EXTENSION.

(E)     THE DEPARTMENT SHALL ENSURE THAT MANAGER TRAINING COURSES
APPROVED BY THE DEPARTMENT ARE AFFORDABLE AND ACCESSIBLE TO ASSISTED
LIVING PROGRAMS AND TO INDIVIDUALS SEEKING CERTIFICATION AS AN ASSISTED
LIVING MANAGER TO ENROLL IN THE COURSES.

- 1189 -