2013 Maryland Code
HEALTH - GENERAL
§ 19-2002 - Office of Health Care Quality

§19-2002.

(a) In this section, “Office” means the Office of Health Care Quality in the Department of Health and Mental Hygiene.

(b) The Office may inspect a nursing staff agency to verify compliance with this subtitle.

(c) When the Office conducts an inspection, the Office shall verify that the nursing personnel referred by the nursing staff agency:

(1) If registered nurses or licensed practical nurses, are licensed by the Board; or

(2) If certified nursing assistants, are certified by the Board.

(d) When the Office conducts an inspection, the Office shall verify that the nursing staff agency has developed, documented, and implemented procedures for:

(1) Selecting and verifying the credentials of nursing personnel referred by the agency;

(2) Validating experience of nursing personnel prior to referral by the agency;

(3) Tracking and acting on serious or life-threatening complaints received by a client facility or the client facility’s agent;

(4) Reporting of an action or condition under § 19-2001(h) of this subtitle;

(5) Verifying that nursing personnel referred by the agency are of satisfactory health status and have received the necessary testing and immunization as required or requested by the client facility;

(6) Verifying I-9 status;

(7) Verifying, prior to initial referral of nursing personnel to a client facility by the agency, drug screening of nursing personnel referred by the agency if the client facility requires drug screening for facility employees;

(8) Verifying, when there is probable cause to perform a drug test or when a client facility requests a drug test, drug testing of nursing personnel referred by the agency;

(9) Verifying, prior to initial referral of nursing personnel to a client facility by the agency, criminal background checks of nursing personnel referred by the agency if the client facility requires criminal background checks for facility employees; and

(10) Verifying the references of nursing personnel referred by the agency.

(e) A nursing staff agency shall attest that the nursing staff agency is in compliance with the:

(1) Civil Rights Act of 1964;

(2) Rehabilitation Act of 1973;

(3) Americans with Disabilities Act of 1990; and

(4) Drug Free Workplace Act of 1988, if applicable.

(f) The Office may inspect a nursing staff agency upon receiving a complaint, and may give notice of the inspection to the nursing staff agency.