(1)If no approved public sewerage system is available, a private sewage disposal may be accepted, if approved by the Department. responsive, accurate and consistent, The nursing home shall make its admission and discharge policies available for review by residents and the residents representative. (c) Maintenanceof an[optional]optimallevel of psychosocial functioning. The new regulations explicitly define changes that must be reported to the Board within ten days of their occurrence and provide penalties for failing to do so. Reporting does NOT require PROOF that child abuse or neglect has occurred. As of July 1, 2020, the U.S. Department of Educationimplemented new regulations that professional nursing programs (PN, RN and APRN) must adhere to if they participate in Title IV HEA funding, and if the program is: This new regulation applies to programs using all modalities, including online, in-person, or a combination of both. (b) Demonstration of proper feeding skills performed on a resident, (4) Submit the quality assurance plan to the Departments Office of Health Care Quality at the time of, (3) Procedures to take action when there is a change in the residents condition, (b) Changing the residents plan of care as necessary, (1) A description of a complaint process that effectively addresses resident, (a) The designated person or persons and their phone numbers to receive complaints, (c) The time frames for investigating complaints, (b) Interview of the resident, staff, and, (5) A description of the process for notifying, (6) A description of a process for the ongoing evaluation of, (1) Names of the staff members on duty and the room numbers of the residents, A. (2) The composition of the committee shall include at least: (c) The consultant dietitian-nutritionist; (3) The committee shall meet at least quarterly to establish policies and procedures. B. (8) The audible signal shall be loud enough to be heard at the nurses station. To obtain an exemption, the principal investigator must submit to the AIDS Administration a copy of the approved protocol, a notice of IRB approval, and a letter from the PI stating that the project will provide the Director of AIDs Administration annual reports of the following: A physician who has diagnosed a patient under the physician's care with acquired immunodeficiency syndrome according to the current definition published in the morbidity and mortality weekly report by the Centers for Disease Control and Prevention of the Department of Health and Human Services shall submit immediately a report to the health officer for the county where the physician cares for that patient. As long as the cumulative days of suspension imposed solely for the five reasons listed in COMAR 10.32.22.03C(7) do not exceed 30 in a calendar year, that suspension need not be reported. (h) All occupants of any bedroom shall be of the same sex, except in the case of a two-bed room occupiedby: (2) BedroomNew Construction. If you have the exact number, subtitle, and chapter, type it in. The responsible departments approval shall be in writing, signed by the appropriate department head whose license number, if applicable, shall be recorded in the record. (3) The oldest foods shall be used first, known as the first in, first out method. New construction providing a conventional type food service program shall have the following minimal space requirements (excluding bulk food-storage areas, dining areas, and separate floor pantries). (2) Ifindicated,the supervisor shallrefer the matter to the director of nursing. (3) Analysis of additional burden or cost on the regulated person: The proposed requirement that social work services be performed by a licensed social worker becomes effective January 1, 2021. (4)[All facilities]A nursing homeshall establish and enforce a written preventive maintenance program to ensure that all[essential mechanical, electrical, and patient care]resident care and therapyequipment is maintained in safe operating condition. (36) Management firm means an organization, under contract with an applicant for a license or a current licensee, that is intended to have or has full responsibility and control for the day-to-day operations of the nursing home. The agreement shall provide for sufficient hours of consultation to assure that the staffs services meet the medically related social and emotional needs of the residents. Yes. truthful and transparent services. The frequently asked questions (FAQs) and answers set out here address mandatory reporting by certain entities of occurrences regarding health care providers. 10.34.14 Opening and Closing of Pharmacies, Effective July 8, 2013. (2)There shall be an allowance of at least 12 square feet per[ambulatory patient]resident[;this]. Board of Nursing Professional Licensure Requirements | NCSBN You may be asked to demonstrate that your license is active, for which you must meet all the necessary continuing education requirements. (5) Adequate numbers of instructors are required to ensure that each trainee is provided effective assistance and supervision which does not endanger the safety of residents. (d) Privileges at a hospital in this state, participant in an HMO network, or credentialed by a credentialing organization approved by the Department. ]; [(5)](6)[The]Verifiedlicensure of personnel employed[as registered or licensed practical nurses shall be verified by the facility. (3) Information regarding the residents and familys plans regarding discharge. Unless otherwiseindicated, all generalrequirementsapply to both new construction and anexisting nursing home unless a waiver has been granted by the Office of Health Care Qualityin accordance with Regulation .03G of this chapter. The]initiate a written socialhistory,whichshall be as complete as possible and shall include: (1) Social data about personal and family background to provide understanding of the[patient]residentand how[he]the residentfunctions;[and], (2) Information regarding current personal and family circumstances and attitudes as they relate to[patients]the residentsillness and care[. D. It is estimated that 25 percent of nursing homes currently have a licensed social worker (Bachelors level degree). Call systems shall be maintained in a manner that will provide visible and audible signal communication between nursing personnel andpatients. General Requirements. If the resident refuses the drug or if a mistake occurs: (b) The occurrence shall be documented in the residents chart. nursing unit shall contain at least one janitors closet containing a floor receptor or service sink and storage space for housekeeping equipment and supplies. E. Character. (2)To the extent medically possible, the[current]Recommended Dietary Allowancesof the Food and Nutrition Board[of the], Commission on Life Sciences, andNational Research Council[, National Academy of Sciences], adjusted for age, sex, and activity,shall be observed. Staff working in laundry shall be given personal protective equipment, including: (d) All laundry shall be processed through the use of sufficiently hot water, chemical agents, or a combination of the both, to remove or destroy infectious biological materials. (54) Physician assistant has the meaning stated in Health Occupations Article, 15-101(o), Annotated Code of Maryland. Would you know your responsibility as a nurse and mandated reporter if you suspected a patient . (1) A nursing home shall employ supervisory personnel and a sufficient number of support personnel to provide a minimum of 3 hours of bedside care per occupied bed per day, 7 days per week. (i) In the event of failure of the normal electrical service, be activated immediately; (ii) Come to full speed and load acceptance within 10 seconds; (iii) Have a capacity of 48 hours of operation from fuel stored on-site; and. The proposed action has minimal or no economic impact on small businesses. No. records, Medication Administration Records (MARs) and controlled substance (2)The Department shall be notified of the name of the assistant director of nursing. . (g) Receives prompt and appropriate responses to requests for assistance. (55) Plan of correction means a written response from the nursing home addressing each deficiency cited as a result of an inspection by the Department. (g) Adequatestoragespace shall be provided in each bedroom to allow eachresident tokeep necessary items of clothing, including items that need to be hung. The[facility]nursing homeshall give appropriate health care information to such volunteers to provide maximum protection to residents. (b) A copy of the record of disposal shall be forwarded to the Office of Controlled Substances Administration. (1) The nursing home shall provide appropriate methods and procedures for administering drugs and biologicals to the nursing homes res. (2) The name and license number of the replacement director of nursing shall be supplied to the Department as soon as employment begins. (2) The infection preventionist shall attend or have attended a basic infection prevention and control training course that is approved by the: (b) Office of Infectious Disease Epidemiology and Outbreak Response for the Department. (1) A call system that uses wireless pagers or other wireless communication devices may be used as an alternative system. Hospitals have to report only if they made a "change" and if that change was based in whole or in part of any of the 14 specific reasons listed in. (2)In instances when an aide is to be assigned to a particular service such as dietary, physical therapy, or occupational therapy, the person in charge of the service shall be responsible for the evaluation and approval of the qualifications. Once the complaint is received at the Board office, an Code of Maryland Regulations: Commission on Kidney Disease [Heating pads may not be used instead of hot water bottles.]. (5) Thenursescall system shall be sodesignedas to require resetting at the station where the call originates. Determine if a report should be madeif yes you MUST report immediately to the State Agency (see below). (1) The Secretary may issue a license to a[comprehensive care facility]nursing homeor an extended care facility for less than a 24-month period under any of the following conditions: (d) If new construction is completed to the point of being able to provide all necessary services to its residents but certain substantial items of equipment[of]foroptional servicesare temporarily lacking, which in the opinion of the Department will have no immediate adverse effect on the safety or health of its residents[, are lacking temporarily]; or. The State of Maryland pledges to provide constituents, businesses, customers, and stakeholders with friendly and courteous, timely and responsive, accurate and consistent, accessible and convenient, and truthful and transparent services. A copy of the clinical record, identification, and summary sheet described in Regulation[.20B].32shall be used as an admission record. (i) Shall be at least 30 square feet per bed, not including corridors; (ii) May not include toilet rooms in the 30 square feet per bed; and. The signature of the programs teacher or trainer shall be required for authentication]. C. A new nursing home shall adhere to the requirements of this chapter. A medical committee, or any other entity within a hospital that makes such decisions, is considered part of the hospital. [.11-2].17[Facilitys ]Nursing HomesResponsibilities in Relation to the [Facilitys]Nursing HomesMedical Director. fraud and/or abuse of State government Example: 20.25.01 would take you to Title 20 (Public Service Commission), Subtitle 25 (Electric and Gas Submeters in Apartment Houses, Office Buildings, and Shopping Centers), and Chapter 01 (General Information). [Patients]Residentsmay not be admitted or retained if, in the judgment of the attending physician, they are: [G. Admissions Procedures for Patients With Communicable Diseases. (a) Details of the proposed nursing home changes; and. . The stark reality in 21st-century America is that child abuse is reported to authorities every ten seconds.During the time they are being trafficked, 30-88% of survivors of human trafficking see a healthcare provider. [.16].28Laboratory and Radiologic Services. [By January 1, 2001, each facility]A nursing homeshall establish an effective quality assurance program that includes components described in this regulation and Regulation[.46].65of this chapter. Research Exception: The requirements for reporting HIV+ test results do not apply when the test is conducted as part of research conducted by an institution within Maryland under the following conditions: (a) All personal identifiers are removed from the specimen before testing; (b) The specimen cannot be linked to the individual from whom it was taken; (c)The test result cannot be linked to the individual from whom the specimen was taken; and (d)The research protocol has been approved by an institutional review board. (2)Soiled containersshall be thoroughly scoured and aired before using again. [(5)](6)Pest Control. (1)If the[administrator is absent from the facility an excessive amount of time and the Department determines that the]director of nursings absence[from nursing service]while covering for the administratoris having an adverse effect on[patient]residentcare,the Department may require the designation of a specific registered nurse who shall be named the[]assistant director of nursing[]. The frequently asked questions (FAQs) and answers set out here address mandatory reporting by certain entities of occurrences regarding health care providers. Pharmaceutical services shall be under the general supervision of a licensed pharmacist who shall: (a) With the advice of the pharmaceutical services committee, be responsible for developing, coordinating, and supervising pharmaceutical services and provide in-service training at least twice yearly; (b) Visit the nursing home frequently enough to assure that policies and procedures established by the pharmaceutical services committee are enforced; (c) Notify the attending physician of any potential drug problems found during the drug regimen review; and. by the Board of Examiners of Nursing Home Administrators for the State. Acall system shall be installed and maintained in operating order in all nursing units. There are currently 229 licensed nursing homes of which 75 percent or 172 nursing homes would need to hire or contract with a licensed social worker to comply with the regulations. (2) Medications shall be administered by: (a) Appropriately licensed personnel in accordance with laws and regulations governing these acts; or. from civil liability.-Except as provided in subsection (b) of this section, the A. to provide constituents, businesses, Maryland Department of Health 10.32.22 Mandated Reporting to the Board (2) The duty described under this section is deemed to have been discharged if the mental health care provider or administrator makes reasonable and timely efforts t. (i) Seek civil commitment of the patient; (ii) Formulate a diagnostic impression and establish and undertake a documented treatment plan calculated to eliminate the possibility that the patient will carry out the threat; or. The director of a medical laboratory must submit a report of a positive HIV test or of a CD4+ lymphocyte count less than 200 per cubic millimeter, within 48 hours to the health officer. [Each]. 3. Amber Havensamber.havens@maryland.gov, Compliance Coordinator: Contact the Discipline & Compliance Division, For general inquiries (Discipline): (3)The relief director of nursing shall be freed from other responsibilities. Alternative means to provide drinking water to residents, staff, and the general public may be used as approved by the Department. Filing a Complaint. In all instances sufficient consultation shall be provided to fulfill all required responsibilities. Yes and no. Nursing homes that employ an individual on or before January 1, 2021 shall be exempt from the license requirement. Members of the residents family or the responsible party for the resident may not deliver medications to the resident or to the nursing home. (1)Specialized rehabilitative services shall be provided only[upon]onwritten orders of the attending physician. In new construction, facilityshall provide a lobby area. (3)In new construction,thenight light shall be switched at theresidentroom door. Nurse Practitioners. A handsink with hot and cold running water shall be convenient to the nurses station. The nursing home shall, with the residents consent: (1) Give an interested and appropriatefamily member or residents representative 7 calendar days advance notice, in writing, of the location, date, and time of[the]acare planning conference for a resident[for whom a family member or representative is interested. A respiratory care unit shall meet the: (1) General requirements established for all special care units as outlined in Regulation[.14-1].23of this chapter; and. State Operations Manual for Provider Certification, Appendix RResident Assessment Instrument for Long-Term Care Facilities, Transmittal No. A. Standardized recipes adjusted to appropriate yield shall be followed. [Agency Note:]. Home; Services; [Appropriate action shall be taken.]. Pages - laws-regulation-legislation-reports - Maryland.gov Enterprise PDF Reporting Decision Tool - Nursing Home Help (3)With the Departments approval,an administrator may[, with the Departments approval,]serve on a less than full-time basis for a maximum of two nursing facilities, one of which shall have a licensed capacity of 35 beds or less. In some cases, the statutory language that requires reporting seems to contemplate the existence of a patient-provider relationship, while in others the reporting requirements apply broadly to any person, which would include members of the research team. 100-07 State Operations Provider Certification, (Transmittal 127, November 26, 2014, U.S. Department of Health and Human Services Centers for Medicare and Medicaid Services). If the patient becomes too difficult to manage, the patient shall be transferred to a suitable facility selected by the attending physician. All rights reserved. (3)The responsible departments approval shall be in writing, signed by the appropriate department head whose license number, if applicable, shall be recorded in the record. (5) Certified dietary manager means an individual who: (a) Is licensed as a dietitian-nutritionist by the Maryland State Board of Dietetic Practice and registered as a dietitian by the Commission on Dietetic Registration; (b) Is a graduate of a certified dietetic technician program approved by theAcademy of Nutrition and Dietetics; or. Space near the utility sink shall be provided for the storage of brooms, mops, and cleaning materials. Please enable JavaScript in your browser. (23) Full time means 40 hours per week or the standard work week adopted by the nursing home. The call system shall enablepatientsin the rehabilitation area to summon rehabilitation staff. If the[facility does not provide its own facilities but does provide]nursing home onlyprovidestransfusion services[alone], it shall meet at least the requirements[in Regulation.09FH]establishedunder COMAR 10.10.02. Licensed[comprehensive care facilities and extended care facilities]nursing homesand any premises[proposed]that an applicant for a license proposes to[be operated by an applicant for a license]operate shall be open at all times to inspection by the Secretary and by any agency designated by the Secretary. (b) A nursing home shall register at least four representatives, including the administrator and the director of nursing. (2) The certification of the . (20) Extended care facility means a nursing home that offers sub-acute care and provides medical treatment services for residents who require inpatient care but who do not currently require continuous hospital services. (1)[Effective with employees hired on or after July 1, 1990, the]Thegeriatric nursing assistanttraining program[course]shall consist of 75 hours or more, and include at least 37.5 hours of classroom instruction and[not less than]at least37.5 hours of supervised clinical experience in long-term care. (1)The physicians orders, the initial evaluations, the plan of rehabilitative care, goals, services rendered, evaluations of progress, and other pertinent information shall be[recorded]: (a) Recordedin the[patients]residentsmedical record[,];and[shall be dated], (i) Physicianordering the service;and[the person or persons]. Please enable JavaScript in your browser. Third, determine if any of the specific exceptions to those reasons apply. D.Contract. Adequate refrigerated storage, refrigerators. In COMAR 10.32.22.03C, there is a list of common occurrences that do not have to be reported. If the employee refuses to be immunized, the[facility]nursing homeshall document the refusal and the reason for the refusal. (4) A nursing home shall provide full access to electronic health records in accordance with all applicable laws and regulations to: (a) Representatives of the Department as set forth in COMAR 10.07.02.07; (b) An ombudsman as set forth in Human Services Article, 10-905, Annotated Code of Maryland; and. Toll Free: 1-800-207-4055 Under 5-705, any person other than the persons listed above who has reason to believe that a child has been subject to abuse or neglect shall make either an oral or written report that meets specified requirements to the extent possible [with exceptions for certain confidential and privileged communications]. (3) To the degree possible, accompanying physicians when visitingresidents. (d) Theminimum horizontaldimensions of a bedroom areto be 10 feet to: (i) Facilitate the placement of beds as required inRegulation .44of thischapter;and. D. Restrictions on Participation Documented on Chart. If the attending physician cannot be reached, the medical director shall be contacted for instructions. There shall be sufficient floor space in the food service department to permit all activities to function efficiently without overcrowding. (5) A[patient]residentwho is in a protective device or devices may not be left in the same postural position for more than 2 consecutive hours. The posting on each floor shall include: (1) Names of the staff members on duty and the room numbers of the residents[that]to whomeach is assigned; (2)Name of the charge nurse or personwho isin charge of the unit;[and], (3) If the person in charge is not a registered nurse, the name of the registered nurse responsible for the unit; and. address of all witnesses). The[facility]nursing homeshall assist the[patient]resident, if necessary, in arranging[for]transportation to and from the source of service. A written application shall be on file for each employee and shall containat least the: (1) Employees[social security]Social Securitynumber[. See COMAR 10.32.22.02B(18) for alterations in practice and COMAR 10.32.22.02B(20) for resignations. (1)[Each facility]A nursing homeshall conduct or arrange a[nurses aide]geriatric nursing assistanttraining program for unlicensed personnel assignedtodirect[patient]residentcare duties. The[facility]nursing homeshall[request]requirethat all new employees receive immunization for Hepatitis B[. [(4)](d)[Operators]The operatorsinstruction[booklet]manualshall be available in a designated locationor accessible electronicallyat all times. ; (16) Require that unless the supervisor is a licensed registered dietitian, they shall receive regularly scheduled consultation from a licensed dietician; (17) Specifying that during admission, a resident may not be accepted unless at least one service to meet the rehabilitative needs of the resident can be initiated within the 48-hour period; (18) Allowing for the provision of a waiver of general requirements for bedrooms in long term care facilitiesboth for newly constructed bedrooms and already-existing bedrooms; and. Agency Note: 10 foot ceiling height is recommended. (1) A nursing home shall providea separate room or rooms[shall be provided]for the administrator andadministrative supportstaff. (e) Contains a refrigerator to be used for medication storage only. Filing a Complaint against a Medication Technician (MT), Certified ]; (b)[Care shall be exercised in the usage and storage of toxic]Use and storetoxicand flammable insecticides and rodenticideswith care[. (1) Shall be provided on each side of all corridors in resident areas; and. C. The[facility]nursing homeshall obtain Departmental approval of the following pertaining to thespecial care unit: (2) An organization chartofthe special care unitandits[inter-relatedness]relationshipto the rest of the nursing[facility]home; (5) A quality assurance plan which includes: (b) Identification of the[most important]predominantaspects of care provided; (b) The administration of[medicines unique to the needs of]medicationsthat are relevant tothe special care residents; (9) An inventory of[the]anyspecialized equipment to be housed[in]onthe unit to provide services in the special care unit. Copyright Maryland.gov. [Records shall be maintained]. C. Staffing. (b) On request, provide the resident with copies of the residents medical records at a reasonable cost and in the residents preferred format. 4140 Patterson Avenue, Baltimore, MD 21215-2254, Employer Notification of Board Order Form, Worksite Verification Monitoring Program Form, Direct Entry Midwifery Advisory Committee, Applicants denied licensure and certification. Thewindow opening shall be at least 28 inchesso that the total area equals 10 square feet per bed. (30) Licensed certified social worker (LCSW) means an individual authorized to practice certified social work under Health Occupations Article, Title 19, Annotated Code of Maryland. 410.764.4777 | Toll Free 800.492.6836 . (7) Culture Change Nursing Home. National Human Trafficking Hotline - 24/7 Confidential. (44) Nursing care has the meaning stated in Health-General Article, 19-301(k), Annotated Code of Maryland. 4140 Patterson Avenue, Baltimore, MD 21215-2254, Attn: Director of Complaints & Investigations. On October 28, 2016, the Department of Health and Mental Hygiene ("DHMH") published its final regulations regarding hospitals' and certain other health care facilities' obligations to report certain actions involving physicians, allied health providers and naturopathic doctors. M. SpecialMedical Wastes. Controlled room temperature is a temperature maintained thermostatically between[15C and 30C (59 and 86F)]59F and 86 F or 15C and 30C. F. Employee Health Oversight. C.Discrimination Prohibited. The Maryland General Assemblys Office (2)Activitiesdesignedand monitored appropriately to meet the day-to-day needs and interests of each[patient, to]resident andencourage[self-care,resumption of normal activities, and maintenance]: (b) Engagement inresident-selected activities;and. Sufficient areas shall be provided to accommodate all necessary office furniture, files, and other equipment[, including provision for]and enablethe safe storage of[patients]residentsvaluables. (2)The nursing home shall require that employees who are not immune to measles, mumps, rubella, and varicella receive immunization for measles, mumps, rubella, or varicella, unlessmedically contraindicated or against the employees religious beliefs. In[those facilities]a nursing homewhich[do]doesnot accept[patients]residentsin need of specialized rehabilitative services, the minimal acceptable restorative service shall be the restorative nursing care plan designed to maintain function or improve the[patients]residentsability to carry out[the]activities of daily living as set forth in Regulation[.12S].18G, of this chapter[, Program of Restorative Nursing Care]. (b) Medicine storage cabinet with locks. (35) Licensed practical nurse means an individual authorized to practice licensed practical nursing under Health Occupations Article, Title 8, Annotated Code of Maryland. The director of a medical laboratory defined at Health-Gen 17-201(b)(1) as any facility, entity, or site that offers or performs tests or examinations in connection with the diagnosis and control of human diseases or the assessment of human health, nutritional, or medical conditions . friendly and courteous, timely and TTY: Facsimile: (410) 333-3616 E. Transportation. (4) A nursing home, whether or not operating a licensed pharmacy, shall maintain a signed record of a Schedule II count at each change of shift. If your original state does not participate in nursys.com, you will need to contact the respective states Board of Nursing and request verification to be sent to the Maryland Board of Nursing. (45) Nursing home means a comprehensive care facility or extended care facility which offers nonacute inpatient care to patients: (a) Suffering from a disease, chronic illness, condition, disability of advanced age, or terminal disease requiring maximal nursing care without continuous hospital services; and.
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