<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".10" citation="COMAR 10.07.05.10" title_num="10" subtitle_num="07" chapter_num="05" heading="Employee, Independent Contractor, and Contractual Employee Requirements.">
  <paragraph num="A.">
    <text>An agency shall develop and implement policies and procedures to screen a prospective employee, independent contractor, or contractual employee who will provide services to clients.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Screening.</text>
    <paragraph num="(1)">
      <text>Screening shall include:</text>
      <paragraph num="(a)">
        <text>A State criminal history records check or a private agency background check as required under Health-General Article, Title 19, Subtitle 19, Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Verification of current professional licensure or certification under Health Occupations Article, Annotated Code of Maryland;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>A basic health screening, including tuberculosis screening;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Verification of references;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Verification of employment history;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Completion of I-9 forms for employment;</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Verification of identity and employment eligibility of an employee, independent contractor, or contractual employee;</text>
      </paragraph>
      <paragraph num="(h)">
        <text>An in-person interview of an employee, independent contractor, or contractual employee before the individual is referred to clients; and</text>
      </paragraph>
      <paragraph num="(i)">
        <text>Completion of a skills assessment and demonstration before client referral.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>An agency shall retain records of training in the personnel file.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>An agency shall maintain records of information described in §B of this regulation for each employee, independent contractor, or contractual employee and retain the information in the agency’s business office.</text>
  </paragraph>
  <paragraph num="D.">
    <text>An agency may not knowingly provide or refer a caregiver who is not certified to provide services to a client unless the client:</text>
    <paragraph num="(1)">
      <text>Does not require the caregiver to provide assistance with activities of daily living;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Only requires assistance with activities of daily living and in the judgment of the supervising nurse, there are no predictable adverse health consequences; or</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Signs a waiver of skilled services form as required under Regulation .12D of this chapter.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>An agency shall provide or refer a certified caregiver to a client who requires:</text>
    <paragraph num="(1)">
      <text>A certified caregiver to perform activities of daily living; or</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Administration of medication.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>If an agency is aware of an action or inaction by an individual who is provided or referred by the agency that may be grounds for action under Health Occupations Article, §§8-316 and 8-6A-10, Annotated Code of Maryland, the agency shall report the action or condition to the Board of Nursing and the Office of Health Care Quality immediately when the action or condition is known by the agency.</text>
  </paragraph>
  <paragraph num="G.">
    <text>A nursing administrator, a registered nurse, a licensed practical nurse, and a certified nursing assistant shall have immunity from liability as described in Courts and Judicial Proceedings Article, §5-709, Annotated Code of Maryland, for making a report to the Board of Nursing as required under §F of this regulation. Other persons are entitled to the immunity from liability as described in the Courts and Judicial Proceedings Article, §5-708, Annotated Code of Maryland, for making a report to the Board of Nursing as required under §F of this regulation.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Use of Subcontract Agencies. If an agency subcontracts with another licensed agency to provide services, the subcontracting agency shall:</text>
    <paragraph num="(1)">
      <text>Verify personnel information outlined in §B of this regulation; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Submit evidence to the contracting agency that verification has occurred.</text>
    </paragraph>
  </paragraph>
</regulation>