There is a State Board of Long–Term Care Administrators in the Department.
The Board consists of 18 members.
Of the Board members:
Five shall be licensed nursing home administrators, one of whom has experience with the Eden Alternative Green House or a similar program, if practicable;
Two shall be individuals who are not nursing home administrators or assisted living managers but who are engaged actively in professions that are concerned with the care of chronically ill, infirm, or aged individuals;
As soon as practicable, five shall be assisted living managers who have:
Completed the manager training course required under § 19–1807(a) of the Health – General Article or are exempt from the requirement under § 19–1807(d) of the Health – General Article; and
Been actively employed by an assisted living program; and
On or after July 1, 2026, five shall be licensed assisted living managers;
One shall be a physician or a nurse practitioner who specializes in geriatrics;
One shall be a geriatric social worker;
One shall be the State Long–Term Care Ombudsman designated under § 10–903 of the Human Services Article; and
Two shall be consumer members.
Not more than three members may be officials or full–time employees of this State or of any of its political subdivisions.
A representative of the Office of Health Care Quality shall serve as an ex officio member.
The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate.
Except for the consumer members and the State Long–Term Care Ombudsman, the Governor shall appoint each Board member, with the advice of the Secretary.
The Secretary shall recommend a professional who:
Is actively practicing;
Has a minimum of 5 years of appropriate practice experience in the discipline of the vacancy to be filled; and
Otherwise meets the requirements of this section.
Each Board member shall:
Be a United States citizen or have declared an intent to become a United States citizen; and
Have resided in this State for at least 1 year before appointment to the Board.
Each consumer member of the Board:
Shall be a member of the general public;
May not be or ever have been a nursing home administrator or an assisted living manager or in training to become a nursing home administrator or an assisted living manager;
May not have a household member who is a nursing home administrator or an assisted living manager or in training to become a nursing home administrator or an assisted living manager;
May not participate or ever have participated in a commercial or professional field related to the practice of a nursing home administrator or assisted living manager;
May not have a household member who participates in a commercial or professional field related to the practice of a nursing home administrator or an assisted living manager; and
May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.
Of the consumer members:
One shall have presently or have had within the 5 years immediately preceding initial appointment a family member living in a nursing home; and
One shall have presently or have had within the 5 years immediately preceding initial appointment a family member who receives services living in an assisted living program.
While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.
Before taking office, each appointee to the Board shall take the oath required by Article I, § 9 of the Maryland Constitution.
This subsection does not apply to the State Long–Term Care Ombudsman.
The term of a member is 4 years.
The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1981.
At the end of a term, a member continues to serve until a successor is appointed and qualifies.
A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
A member may not serve more than 2 consecutive full terms.
To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days of the date of the vacancy.
The Governor may remove a member for incompetence, misconduct, incapacity, or neglect of duty.
Upon the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from 2 successive Board meetings without adequate reason.
From among the Board members, the Governor shall appoint a chairman and vice chairman of the Board.
The Board shall appoint and the Secretary shall confirm the Board executive director.
The Board executive director may not be a member of the Board and serves at the pleasure of the Board.
The Board executive director is the executive officer of the Board.
The Board executive director shall have, at a minimum, a bachelor’s degree.
The Board shall determine the duties of each officer.
A majority of the full authorized membership of the Board is a quorum.
The Board shall meet at least twice a year, at the times and places that it determines.
Each member of the Board is entitled to:
Compensation determined by the Secretary in accordance with the State budget, unless the member otherwise is a public employee; and
Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
The Board may employ a staff in accordance with the State budget.
In addition to the powers set forth elsewhere in this title, the Board may:
Adopt rules and regulations to carry out the provisions of this title; and
Take any action necessary to enable the State to meet applicable federal requirements.
In addition to the duties set forth elsewhere in this title, the Board shall:
Report directly to the Secretary, as the Secretary requires;
Adopt standards for:
Licensure of applicants; and
Practice of licensees;
Devise examinations and adopt investigative procedures to:
Determine whether licensees meet the standards adopted by the Board; and
Assure that licensees continue to meet these standards; and
Conduct a continuing study and investigation of nursing homes and nursing home administrators to improve:
Licensing standards; and
Procedures for enforcing these standards.
The Board may set reasonable fees for the issuance and renewal of licenses and its other services.
The Board shall pay all funds collected under this title into the General Fund of this State.
A person shall have the immunity from liability described under § 5-710 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
In this section, “rehabilitation committee” means a committee of the Board or a committee of any association representing nursing home administrators or assisted living managers that:
Is recognized by the Board;
Includes but is not limited to nursing home administrators and assisted living managers; and
Performs any of the functions listed in subsection (c) of this section.
The rehabilitation committee may function:
Solely for the Board; or
Jointly with a rehabilitation committee representing another board or boards.
For purposes of this section, the rehabilitation committee evaluates and provides assistance to any nursing home administrator or assisted living manager, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.
Except as otherwise provided in this subsection, the proceedings, records, and files of the rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the rehabilitation committee.
Paragraph (1) of this subsection does not apply to any record or document that is considered by the rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.
For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.
A person who acts in good faith and within the scope of jurisdiction of the rehabilitation committee is not civilly liable for any action as a member of the rehabilitation committee or for giving information to, participating in, or contributing to the function of the rehabilitation committee.
The Board is a medical review committee under § 1–401 of this article.