Maryland Health - General Section 19-2001

      (a)      (1)      In this subtitle the following words have the meanings indicated.

            (2)      "Client facility" means a health care facility that contracts with a nursing staff agency for the referral of nursing personnel.

            (3)      "Health care facility" means a hospital or related institution as defined in § 19-301 of this title.

            (4)      "Initially providing or referring" means the first time a nursing staff agency provides or refers a particular licensed practical nurse, registered nurse, or certified nursing assistant to a health care facility.

            (5)      "Nursing personnel" means:

                  (i)      Any individual licensed by the State Board of Nursing as a:

                        1.      Licensed practical nurse; or

                        2.      Registered nurse; or

                  (ii)      A certified nursing assistant.

            (6)      (i)      "Nursing staff agency" means any person, firm, corporation, partnership, or other business entity engaged in the business of referring nursing personnel as employees or independent contractors to render temporary nursing services at a health care facility in the State.

                  (ii)      "Nursing staff agency" does not include:

                        1.      A nursing staff agency operated by a health care facility solely for the purpose of procuring, furnishing, or referring temporary or permanent nursing personnel for employment at that health care facility;

                        2.      A home health agency regulated under Subtitle 4 of this title; or

                        3.      Any nursing personnel procuring, furnishing, or referring their own services to a health care facility without the direct or indirect assistance of a nursing staff agency.

            (7)      "Office" means the Office of Health Care Quality in the Department.

            (8)      "Responsible party" means the individual at a nursing staff agency who controls the day to day operation of the nursing staff agency.

      (b)      (1)      A nursing staff agency shall be licensed by the Office before referring nursing personnel to a health care facility to render temporary nursing services at a health care facility in this State.

            (2)      All nursing staff agencies shall submit to the Office:

                  (i)      The nursing staff agency's:

                        1.      Business name;

                        2.      Business address;

                        3.      Business telephone number; and

                        4.      Responsible party; and

                  (ii)      Any other information the Office requires by regulation to ensure compliance with the provisions of this subtitle.

      (c)      (1)      A nursing staff agency license expires on the 28th day of the month in which the agency was originally licensed unless the license is renewed for a 1-year term as provided in this section.

            (2)      At least 1 month before the license expires, the Office shall send to the nursing staff agency, by first-class mail to the last known address of the nursing staff agency, a renewal notice that states:

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

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

                  (iii)      The amount of the renewal fee.

            (3)      Before a license expires, the nursing staff agency periodically may renew it for an additional term, if the nursing staff agency:

                  (i)      Otherwise is entitled to be licensed; and

                  (ii)      Pays to the Office the renewal fee set by the Office.

      (d)      If a nursing staff agency fails to renew, the nursing staff agency must immediately stop referring personnel to health care facilities.

      (e)      (1)      A nursing staff agency shall notify the Office of any change in ownership, agency name, or address within 30 days of the change.

            (2)      Notwithstanding the provisions of subsection (i)(1) of this section, if a nursing staff agency fails to notify the Office within the time required under this subsection, the Office may impose a fine of $100.

      (f)      (1)      Before initially providing or referring a licensed practical nurse, registered nurse, or certified nursing assistant to health care facilities to render temporary nursing services the nursing staff agency shall verify the licensure status of the licensed practical nurse, registered nurse, or certified nursing assistant.

            (2)      At the time a licensed practical nurse, registered nurse, or certified nursing assistant who is being referred to health care facilities by a nursing staff agency must renew their license to practice licensed practical nursing, registered nursing, or certified nursing assistance, the nursing staff agency shall:

                  (i)      Submit the name and license number of the licensed practical nurse, registered nurse, or certified nursing assistant to the Office; and

                  (ii)      Verify the licensure status of the licensed practical nurse, registered nurse, or certified nursing assistant.

      (g)      (1)      A nursing staff agency may not knowingly provide or refer a licensed practical nurse who is not authorized to practice licensed practical nursing under Title 8 of the Health Occupations Article to a health care facility to render temporary nursing services.

            (2)      A nursing staff agency may not knowingly provide or refer a registered nurse who is not authorized to practice registered nursing under Title 8 of the Health Occupations Article to a health care facility to render temporary nursing services.

            (3)      A nursing staff agency may not knowingly provide or refer a certified nursing assistant who is not authorized to practice as a certified nursing assistant under Title 8, Subtitle 6A of the Health Occupations Article to a health care facility to render delegated nursing services.

      (h)      (1)      Except as provided in paragraph (2) of this subsection:

                  (i)      If a nursing staff agency knows of an action or condition performed by a licensed practical nurse, registered nurse, or certified nursing assistant provided or referred by that nursing staff agency that might be grounds for action under § 8-316 of the Health Occupations Article, the nursing staff agency shall report the action or condition to the Board; and

                  (ii)      An individual shall have immunity from liability described under § 5-709 of the Courts and Judicial Proceedings Article for making a report as required under this paragraph.

            (2)      A nursing staff agency is not required under this subsection to make any report that would be in violation of any federal or State law, rule, or regulation concerning the confidentiality of alcohol and drug abuse patient records.

      (i)      (1)      Subject to the provisions of Title 10, Subtitle 2 of the State Government Article, the Office may impose a penalty for a violation of any provision of this section:

                  (i)      For a first offense, up to $2,500 per violation or up to $2,500 per day until the nursing staff agency complies with the requirements of this subtitle;

                  (ii)      For a second offense, up to $5,000 per violation or up to $5,000 per day until the nursing staff agency complies with the requirements of this subtitle; and

                  (iii)      For a third or subsequent offense, up to $10,000 per violation or up to $10,000 per day until the nursing staff agency complies with the requirements of this subtitle.

            (2)      Each day a violation continues is a separate violation.

      (j)      A nursing staff agency is not a health care provider.