H.B. 1425

VETOES

(IV) THE SUBJECT OF A CRIMINAL HISTORY RECORDS CHECK
UNDER THIS SUBSECTION MAY CONTEST THE CONTENTS OF THE PRINTED
STATEMENT ISSUED BY THE CENTRAL REPOSITORY AS PROVIDED IN § 10-223 OF THE
CRIMINAL PROCEDURE ARTICLE.

(3) IF A NURSING REFERRAL SERVICE AGENCY REQUESTS A PRIVATE
AGENCY TO CONDUCT A BACKGROUND CHECK:

(I) THE PRIVATE AGENCY SHALL:

1.       CONDUCT A BACKGROUND CHECK IN EACH STATE IN
WHICH THE NURSING REFERRAL SERVICE AGENCY KNOWS OR HAS REASON TO
KNOW THE LICENSED HEALTH PROFESSIONAL OR CARE PROVIDER WORKED OR
RESIDED DURING THE PAST 7 YEARS; AND

2.       ISSUE A STATEMENT OF ITS FINDINGS TO:

A.       ON REQUEST, THE LICENSED HEALTH PROFESSIONAL OR
CARE PROVIDER; AND

B.      THE NURSING REFERRAL SERVICE AGENCY; AND

(II) THE LICENSED HEALTH PROFESSIONAL OR CARE PROVIDER
SHALL HAVE AN OPPORTUNITY TO CONTEST THE FINDINGS.

19-4B-03. 19-4B-04.

(A)     (1) THE DEPARTMENT SHALL ADOPT REGULATIONS THAT SET
STANDARDS FOR THE CARE, TREATMENT, HEALTH, SAFETY, WELFARE, AND
COMFORT OF INDIVIDUALS WHO RECEIVE HOME HEALTH CARE SERVICES THROUGH
A NURSING REFERRAL SERVICE. TO IMPLEMENT THE REQUIREMENTS OF THIS
SUBTITLE.

(2) THE REGULATIONS MAY NOT PRECLUDE A NURSING REFERRAL
SERVICE AGENCY FROM OPERATING WITH INDEPENDENT CONTRACTORS.

(B)     THE DEPARTMENT SHALL ISSUE A 3-YEAR LICENSE TO A NURSING
REFERRAL SERVICE AFTER THE NURSING REFERRAL SERVICE AGENCY:

(1)      COMPLETES AN APPLICATION FOR LICENSURE; AND

(2)      PAYS A LICENSING FEE OF $1,000 TO THE DEPARTMENT.

(C)     A LICENSE SHALL EXPIRE ON THE THIRD ANNIVERSARY OF ITS EFFECTIVE
DATE UNLESS:

(1)      THE DEPARTMENT SUSPENDS OR REVOKES THE LICENSE; OR

(2)      THE LICENSE IS RENEWED.

(D)     THE DEPARTMENT MAY SUSPEND OR REVOKE A LICENSE ISSUED UNDER
THIS SECTION IF THE NURSING REFERRAL SERVICE AGENCY IS OPERATING IN
VIOLATION OF THE REQUIREMENTS OF THIS SUBTITLE.

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