2013 Maryland Code
HEALTH OCCUPATIONS
§ 8-6A-08 - Expiration, renewal, and updating of certificates; penalties; criminal history record information [Amendment subject to abrogation]

(a) In general. -- A certificate expires on the 28th day of the birth month of the nursing assistant or medication technician, unless the certificate is renewed for a 2-year term as provided in this section.

(b) Renewal notice. --

(1) At least 3 months before a certificate expires, the Board shall send a renewal notice to the nursing assistant or medication technician by:

(i) First-class mail to the last known mailing address of the nursing assistant or medication technician; or

(ii) Electronic means to the last known electronic address of the certificate holder.

(2) A renewal notice shall state:

(i) The date on which the current certificate expires;

(ii) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the certificate expires; and

(iii) The amount of the renewal fee.

(3) If a nursing assistant or medication technician is required to have a criminal history records check before a certificate may be renewed, the Board shall send the nursing assistant or medication technician the documents necessary for initiating the criminal history records check in conjunction with the renewal notice required under paragraph (1) of this subsection.

(c) Renewal for additional term. -- Before a certificate expires, a nursing assistant periodically may renew it for an additional term, if the certificate holder:

(1) Otherwise is entitled to be certified;

(2) Submits to the Board a renewal application on the form that the Board requires;

(3) Pays to the Board a renewal fee set by the Board; and

(4) Provides satisfactory evidence of completion of:

(i) 16 hours of active nursing assistant practice within the 2-year period immediately preceding the date of renewal; or

(ii) An approved nursing assistant training program.

(d) Renewal for additional term -- Certified medicine aide. -- In addition to the requirements in subsection (c)(1), (2), and (3) of this section, a certified medicine aide shall:

(1) Provide satisfactory evidence of completion of 100 hours of practice as a certified medicine aide in the 2-year period preceding the date of renewal; and

(2) Successfully complete a Board-approved medicine aide continuing education program.

(e) Renewal for additional term -- Medication technicians. -- Before a certificate expires, a medication technician periodically may renew it for an additional term, if the certificate holder:

(1) Otherwise is entitled to be certified;

(2) Submits to the Board a renewal application on the form that the Board requires;

(3) Pays to the Board a renewal fee set by the Board;

(4) Every 2 years, provides satisfactory evidence of completion of a Board-approved clinical refresher course; and

(5) Provides satisfactory evidence of completion of 100 hours of practice as a certified medication technician within the 2-year period preceding the date of renewal.

(f) Extension of time for renewal. --

(1) The Board may grant a 30-day extension, beyond a certificate's expiration date, to a certificate holder so that the certificate holder may renew the certificate before it expires.

(2) The Board may grant two 90-day extensions beyond a certificate's expiration date pending receipt of criminal history record information.

(3) A medication technician who has applied for renewal and taken the Board-approved clinical refresher course may practice for no more than 180 days from the date of completion of the Board-approved clinical refresher course while the Board processes the renewal application.

(g) Reinstatement of certificate. -- The Board shall reinstate the certificate of a former certificate holder who has failed to renew the certificate for any reason if the former certificate holder meets the applicable renewal requirements of subsections (c) through (e) and (k)(1)(i)2 of this section.

(h) Board to renew certificates. -- Subject to subsection (i) of this section, the Board shall renew the certificate of each nursing assistant or medication technician who meets the requirements of this section.

(i) Notification of changes by holder. --

(1) Within 60 days after a change has occurred, each certificate holder shall notify the Board in writing of any change in a name or address.

(2) If the certificate holder fails to notify the Board within the time required under this subsection, the Board may impose an administrative penalty of $ 25 on the certificate holder.

(j) Disposition of penalty. -- The Board shall pay any penalty collected under this subsection to the General Fund of the State.

(k) Criminal history record information. --

(1) (i) The Board shall require criminal history records checks in accordance with § 8-303 of this title on:

1. Selected applicants for certification as a certified nursing assistant who renew their certificates every 2 years as determined by regulations adopted by the Board; and

2. Each former certified nursing assistant who files for reinstatement under subsection (g) of this section after failing to renew the certificate for a period of 1 year or more.

(ii) An additional criminal history records check shall be performed every 12 years thereafter.

(2) On receipt of the criminal history record information of a certificate holder forwarded to the Board in accordance with § 8-303 of this title, in determining whether to renew the certificate, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The circumstances surrounding the crime;

(iii) The length of time that has passed since the crime;

(iv) Subsequent work history;

(v) Employment and character references; and

(vi) Other evidence that demonstrates whether the certificate holder poses a threat to the public health or safety.

(3) The Board may not renew a certificate if the criminal history record information required under § 8-303 of this title has not been received.

§ 8-6A-08 - Expiration, renewal, and updating of certificates; penalties; criminal history record information (Abrogation of amendment effective April 12, 2014.)

(a) In general. -- A certificate expires on the 28th day of the birth month of the nursing assistant or medication technician, unless the certificate is renewed for a 2-year term as provided in this section.

(b) Renewal notice. --

(1) At least 3 months before a certificate expires, the Board shall send a renewal notice to the nursing assistant or medication technician by:

(i) First-class mail to the last known mailing address of the nursing assistant or medication technician; or

(ii) Electronic means to the last known electronic address of the certificate holder.

(2) A renewal notice shall state:

(i) The date on which the current certificate expires;

(ii) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the certificate expires; and

(iii) The amount of the renewal fee.

(3) If a nursing assistant or medication technician is required to have a criminal history records check before a certificate may be renewed, the Board shall send the nursing assistant or medication technician the documents necessary for initiating the criminal history records check in conjunction with the renewal notice required under paragraph (1) of this subsection.

(c) Renewal for additional term. -- Before a certificate expires, a nursing assistant periodically may renew it for an additional term, if the certificate holder:

(1) Otherwise is entitled to be certified;

(2) Submits to the Board a renewal application on the form that the Board requires;

(3) Pays to the Board a renewal fee set by the Board; and

(4) Provides satisfactory evidence of completion of:

(i) 16 hours of active nursing assistant practice within the 2-year period immediately preceding the date of renewal; or

(ii) An approved nursing assistant training program.

(d) Renewal for additional term -- Certified medicine aide. -- In addition to the requirements in subsection (c)(1), (2), and (3) of this section, a certified medicine aide shall:

(1) Provide satisfactory evidence of completion of 100 hours of practice as a certified medicine aide in the 2-year period preceding the date of renewal; and

(2) Successfully complete a Board-approved medicine aide continuing education program.

(e) Renewal for additional term -- Medication technicians. -- Before a certificate expires, a medication technician periodically may renew it for an additional term, if the certificate holder:

(1) Otherwise is entitled to be certified;

(2) Submits to the Board a renewal application on the form that the Board requires;

(3) Pays to the Board a renewal fee set by the Board;

(4) Every 2 years, provides satisfactory evidence of completion of a Board-approved clinical refresher course; and

(5) Provides satisfactory evidence of completion of 100 hours of practice as a certified medication technician within the 2-year period preceding the date of renewal.

(f) Extension of time for renewal. --

(1) The Board may grant a 30-day extension, beyond a certificate's expiration date, to a certificate holder so that the certificate holder may renew the certificate before it expires.

(2) The Board may grant two 90-day extensions beyond a certificate's expiration date pending receipt of criminal history record information.

(g) Reinstatement of certificate. -- The Board shall reinstate the certificate of a former certificate holder who has failed to renew the certificate for any reason if the former certificate holder meets the applicable renewal requirements of subsections (c) through (e) and (k)(1)(i)2 of this section.

(h) Board to renew certificates. -- Subject to subsection (i) of this section, the Board shall renew the certificate of each nursing assistant or medication technician who meets the requirements of this section.

(i) Notification of changes by holder. --

(1) Within 60 days after a change has occurred, each certificate holder shall notify the Board in writing of any change in a name or address.

(2) If the certificate holder fails to notify the Board within the time required under this subsection, the Board may impose an administrative penalty of $ 25 on the certificate holder.

(j) Disposition of penalty. -- The Board shall pay any penalty collected under this subsection to the General Fund of the State.

(k) Criminal history record information. --

(1) (i) The Board shall require criminal history records checks in accordance with § 8-303 of this title on:

1. Selected applicants for certification as a certified nursing assistant who renew their certificates every 2 years as determined by regulations adopted by the Board; and

2. Each former certified nursing assistant who files for reinstatement under subsection (g) of this section after failing to renew the certificate for a period of 1 year or more.

(ii) An additional criminal history records check shall be performed every 12 years thereafter.

(2) On receipt of the criminal history record information of a certificate holder forwarded to the Board in accordance with § 8-303 of this title, in determining whether to renew the certificate, the Board shall consider:

(i) The age at which the crime was committed;

(ii) The circumstances surrounding the crime;

(iii) The length of time that has passed since the crime;

(iv) Subsequent work history;

(v) Employment and character references; and

(vi) Other evidence that demonstrates whether the certificate holder poses a threat to the public health or safety.

(3) The Board may not renew a certificate if the criminal history record information required under § 8-303 of this title has not been received.