§ 19–394
Statutes in effect as of October 1, 2026.
Md. Code Ann., Health-Gen. § 19-394 (2026)
Title 19. Health Care Facilities
Subtitle 3. Hospitals and Related Institutions
§ 19–394LinkCopy Citation
(a)
This part does not apply to State hospitals.
(b)
(1)
Each hospital licensed under this title shall comply with the staffing standards of:
(i)
The accreditation body that accredits the hospital; and
(ii)
The federal Centers for Medicare and Medicaid Services conditions of participation.
(2)
A clinical staffing plan developed under this part shall comply with this subsection.
(c)
(1)
Each hospital licensed under this title shall establish and maintain a clinical staffing committee that:
(i)
If the hospital has 150 or fewer licensed beds, has 3 managers and 2 employees; or
(ii)
If the hospital has 151 or more licensed beds, has 5 managers and 4 employees.
(2)
Each clinical staffing committee established under this part may include:
(i)
A certified nursing assistant;
(ii)
A dietary aide;
(iii)
A licensed nurse;
(iv)
An environmental service worker;
(v)
A medical resident, if the committee is in a teaching hospital;
(vi)
A staff physician who is not a hospital employee or administrator;
(vii)
A technician; or
(viii)
An employee whose duties include patient advocacy.
(d)
(1)
The chief nurse executive of each hospital shall produce a draft clinical staffing plan and submit it to the clinical staffing committee of the hospital.
(2)
Each clinical staffing committee shall finalize a clinical staffing plan that meets patient needs using the plan submitted under paragraph (1) of this subsection.
(e)
When finalizing a clinical staffing plan, the clinical staffing committee shall consider:
(1)
Existing staffing levels;
(2)
Methods to secure coverage needs as necessary;
(3)
Existing gaps in staffing and how to address the gaps;
(4)
Any available evidence–based staffing standards;
(5)
A schedule for periodic review of the staffing plan;
(6)
Appropriate skill mix and competency of staff;
(7)
Standards required by:
(i)
The Centers for Medicare and Medicaid Services conditions of participation; and
(ii)
The accreditation body that accredits the hospital;
(8)
The average number of patients of the hospital during the immediately preceding year and relevant information regarding patient discharges, potential admissions, and transfers;
(9)
The average level of acuity for patients of the hospital during the immediately preceding year and the corresponding level of nursing care required; and
(10)
An estimate of the appropriate combination of skill, experience level, and specialty certification or training of staff that is required to adequately provide care to patients of the hospital.