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<section article="gho" article_name="Health Occupations" number="9-301" title_number="9" title_name="Nursing Home Administrators and Assisted Living Managers" subtitle_number="3" subtitle_name="Nursing Home Administrators">
  <level label="a">
    <text>Except as otherwise provided in this section or §§ 10–14A–03 and 10–14B–03 of the State Government Article, an individual shall be licensed by the Board before the individual may practice as a nursing home administrator in this State.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>Except as provided in paragraph (2) of this subsection, if a licensee leaves or is removed from a position as a nursing home administrator by death or for any other unexpected cause, the owner of the nursing home or other appropriate nursing home authority shall immediately:</text>
      <level label="i">
        <text>Designate a licensed nursing home administrator to serve in that capacity; and</text>
      </level>
      <level label="ii">
        <text>Notify the Board of the designated licensed nursing home administrator’s name.</text>
      </level>
    </level>
    <level label="2">
      <level label="i">
        <level label="1">
          <text>In the event a licensed nursing home administrator is not available, the owner or other appropriate nursing home authority shall immediately appoint a nonlicensed person to serve in the capacity of interim nursing home administrator.</text>
        </level>
        <level label="2">
          <text>The appointed nonlicensed person may act as the interim nursing home administrator on filing an application with the Board requesting a provisional license to practice as the interim nursing home administrator for a period not to exceed 90 days.</text>
        </level>
      </level>
      <level label="ii">
        <level label="1">
          <text>The owner or other appropriate nursing home authority shall immediately notify the Board of the appointment and forward the credentials of the person appointed to the Board for evaluation to assure that the person appointed is experienced, trained, and competent.</text>
        </level>
        <level label="2">
          <text>The Board may issue a provisional license to the applicant if the Board determines, in its discretion, that the applicant is of good moral character and capable of adequately administering the nursing home for the provisional period.</text>
        </level>
        <level label="3">
          <text>If the Board denies an application submitted in accordance with subparagraph (i)2 of this paragraph:</text>
        </level>
        <level label="A">
          <text>The nonlicensed person shall immediately cease acting as the interim nursing home administrator; and</text>
        </level>
        <level label="B">
          <text>If a licensed nursing home administrator remains unavailable, the owner or other appropriate nursing home authority shall immediately appoint another nonlicensed person to act as the interim nursing home administrator.</text>
        </level>
        <level label="4">
          <text>A person appointed under subsubparagraph 3 of this subparagraph shall file an application for a provisional license with the Board in accordance with this paragraph.</text>
        </level>
      </level>
      <level label="iii">
        <text>The 90–day period begins on the date that the licensee leaves or is removed from the position as a nursing home administrator.</text>
      </level>
      <level label="iv">
        <text>The Board, on request and for good cause shown, may extend the 90–day period for a further period of not more than 30 days.</text>
      </level>
    </level>
    <level label="3">
      <text>A licensed nursing home administrator designated under paragraph (1) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this subtitle.</text>
    </level>
    <level label="4">
      <text>A person appointed in accordance with paragraph (2) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this subtitle.</text>
    </level>
    <level label="5">
      <text>The Board may deny approval of an appointment under paragraph (1) or (2) of this subsection based on the results of a criminal history records check required under paragraph (3) or (4) of this subsection after consideration of the factors listed in § 9–308(b)(1) of this subtitle.</text>
    </level>
    <level label="6">
      <text>Paragraphs (3) and (4) of this subsection do not apply to a person licensed by a health occupations board who previously has completed a criminal history records check required for licensure.</text>
    </level>
  </level>
</section>
