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<regulation prefix="Regulation" num=".05" citation="COMAR 10.07.03.05" title_num="10" subtitle_num="07" chapter_num="03" heading="Licensing Procedure.">
  <paragraph num="A.">
    <text>Application for Licensure.</text>
    <paragraph num="(1)">
      <text>A person desiring to refer a health care practitioner to a health care facility to render temporary health care services in this State shall file an application with the Secretary, on a written or electronic form provided by the Secretary.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The application for licensure shall contain the agency's business name, address, telephone number, and responsible party.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Along with the application, the applicant shall submit a copy of the agency’s policies and procedures as specified in Regulation .08 of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Additional Requirements.</text>
    <paragraph num="(1)">
      <text>The applicant shall:</text>
      <paragraph num="(a)">
        <text>Demonstrate compliance with all applicable federal, State, and local laws and regulations; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Submit all documentation requested by the Department that is relevant to the applicant's ability to operate an agency in compliance with this chapter, including documentation of any:</text>
        <paragraph num="(i)">
          <text>Past or current operation of a health-related facility or an agency;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Prior denial, suspension, or revocation of a license of certification to provide care to third parties; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Felony conviction of the applicant or anyone with direct or indirect ownership interest in the agency.</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary may require an applicant to submit information to demonstrate the applicant's financial ability to operate an agency in compliance with this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Duration of License. An agency's annual license shall expire on the annual anniversary of the date the license was originally issued unless the license is renewed for a 1-year term.</text>
  </paragraph>
  <paragraph num="D.">
    <text>License Renewal.</text>
    <paragraph num="(1)">
      <text>At least 1 month before the current license expires, the Office shall send to the agency, by first-class mail to the last known address of the agency, a renewal notice that states:</text>
      <paragraph num="(a)">
        <text>The date on which the current license expires;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The date by which the renewal application shall be received by the Office for the renewal to be issued and mailed before the license expires; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>That no renewal fee is required.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>Before a license expires, the agency may renew its license for an additional term by submitting a renewal application on a written or electronic form provided by the Secretary, if the agency:</text>
      <paragraph num="(a)">
        <text>Otherwise is entitled to be licensed; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Provides updates, if any, to the agency's policies and procedures as specified in Regulation .09 of this chapter.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Failure to Renew License. When an agency fails to renew its license, the agency shall:</text>
      <paragraph num="(a)">
        <text>Immediately stop referring personnel to health care facilities; and</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Notify health care facilities where personnel are currently referred that the agency no longer has a valid operating license.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Based on information provided to the Department by the applicant and the Department's own investigation, the Secretary shall:</text>
    <paragraph num="(1)">
      <text>Approve the application unconditionally;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Approve the application conditionally, which may include, among other conditions, requiring the applicant to use the services of a management firm approved by the Secretary; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Deny the application.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Nursing Staff Agency Licensees.</text>
    <paragraph num="(1)">
      <text>Effective September 15, 2014, a person holding a nursing staff agency license who is in good standing and refers only nursing personnel shall be deemed to meet the requirements for issuance of a health care staff agency license.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A person holding a nursing staff agency license who wishes to expand their referrals to other health care practitioners in addition to nursing personnel shall first obtain a new health care staff agency license.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Rights of Applicant if License is Revoked or Denied.</text>
    <paragraph num="(1)">
      <text>Denial of License. The Secretary shall inform the applicant of the reasons for refusal to issue a license.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Revocation of License. The Secretary may, for cause shown, revoke or refuse to reissue any license.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A person aggrieved by the action of the Secretary under this regulation may appeal the Secretary’s action by filing a request for a hearing consistent with Regulation .17 of this chapter.</text>
    </paragraph>
  </paragraph>
</regulation>