# COMAR Title 10 — Maryland Department of Health

## Subtitle 33 — Board of Long-Term Care Administrators

### Chapter 01 — General Regulations

#### Regulation .02 Definitions.

*COMAR 10.33.01.02*

A. In this subtitle, the following terms have the meanings indicated.

B. Terms Defined.

  (1) “Administrator-in-training (AIT)” means an applicant approved by the Board to train to practice as a nursing home administrator in a nursing home under the supervision of a preceptor pursuant to this subtitle.

  (2) “Administrator-in-training (AIT) contract” means a document signed by an AIT and a preceptor which includes requirements of the AIT program.

  (3) “Administrator-in-training (AIT) program” means a Board-approved program which consists of practical training and experience in nursing home administration.

  (4) “Alternate assisted living manager” means an individual who is available to assume the duties of the licensed assisted living manager for a licensed assisted living program when the licensed assisted living manager is temporarily unavailable to perform the duties of an assisted living manager.

  (5) “Assisted living manager” means an individual who is:

    (a) Designated by an assisted living program to oversee the overall day-to-day operations of an assisted living program; and

    (b) Responsible for the duties set forth under COMAR 10.07.14.15.

  (6) Assisted Living Program.

    (a) “Assisted living program” means a residential or facility-based program for two or more residents that provides long-term housing and supportive services, supervision, personalized assistance, health-related services, or a combination of those that meets the needs of the individuals who are unable to perform or who need assistance in performing the activities of daily living or instrumental activities of daily living in a way that promotes optimum dignity and independence for the individuals.

    (b) “Assisted living program” does not include:

      (i) A nursing home as defined by Health-General Article, §19-1401, Annotated Code of Maryland;

      (ii) A nursing facility as defined by Health-General Article, §19-301, Annotated Code of Maryland;

      (iii) A State facility, as defined under Health-General Article, §10-101, Annotated Code of Maryland;

      (iv) A program licensed or approved by the Department under Health-General Article, Title 7 or Title 10, Annotated Code of Maryland;

      (v) A hospice care program licensed by the Department under Health-General Article, Title 19, Annotated Code of Maryland;

      (vi) Services provided by family members;

      (vii) Services provided by a licensed residential service agency or licensed home health agency in an individual’s own home; or

      (viii) A Certified Adult Residential Environment Program that is certified by the Department of Human Services under Human Services Article, §§6-508—6-513, Annotated Code of Maryland.

  (7) “Board” means the State Board of Long-Term Care Administrators.

  (8) “Central Repository” means the Criminal Justice Information System Central Repository of the Maryland Department of Public Safety and Correctional Services.

  (9) “Department” means the Maryland Department of Health.

  (10) “Endorsement applicant” means an individual applying for a license to practice nursing home administration in the State who is licensed in another state to practice nursing home administration.

  (11) “Family” means:

    (a) A spouse;

    (b) A child;

    (c) A sibling;

    (d) A parent;

    (e) A grandparent;

    (f) A niece or nephew; or

    (g) An uncle or aunt.

  (12) “Family-owned or family-operated nursing facility” means a nursing home owned or operated by any one or more of the following relatives of the AIT:

    (a) A spouse;

    (b) A parent;

    (c) A child;

    (d) A sibling;

    (e) A grandparent;

    (f) A grandchild;

    (g) A stepparent;

    (h) A stepchild;

    (i) An uncle or aunt;

    (j) A first cousin;

    (k) A nephew or niece;

    (l) A father-in-law or mother-in law;

    (m) A son-in-law or daughter-in-law; or

    (n) A brother-in-law or sister-in-law.

  (13) “License” means, unless the context requires otherwise, official authorization issued by the Board to practice as:

    (a) A nursing home administrator under Health Occupations Article, Title 9, Subtitle 3, Annotated Code of Maryland; or

    (b) An assisted living manager under Health Occupations Article, Title 9, Subtitle 3A, Annotated Code of Maryland.

  (14) “Licensee” means, unless the context requires otherwise, an individual licensed by the Board to practice as:

    (a) A nursing home administrator; or

    (b) An assisted living manager.

  (15) “National Association of Long Term Care Administrator Boards (NAB)” means the organization that commissions the services of a third-party administrator of the State and national examinations for long term care administrators.

  (16) “Nursing home” means a facility or institution as defined in Health Occupations Article, §9-101(i), Annotated Code of Maryland, and includes:

    (a) A comprehensive care facility or extended care facility which offers non-acute inpatient care to residents who:

      (i) Have a disease, chronic illness, condition, disability of advanced age, or terminal disease requiring maximal nursing care without continuous hospital services; and

      (ii) Require medical services and nursing services rendered by or under the supervision of a licensed nurse together with convalescent, restorative, or rehabilitative services; and

    (b) A nursing facility as defined under federal or State law.

  (17) “Nursing home administrator” means an individual licensed by the Board, who:

    (a) Administers, directs, manages, supervises, or is in general administrative charge of a nursing home, whether or not the individual has an ownership interest in the facility, and whether or not the individual's functions and duties are shared with one or more individuals; or

    (b) Is in supervisory control over one or more nursing home administrators of one or more nursing homes and has authority to substitute the supervisor's judgment for that of the administrator of record in the day-to-day operation of the facility.

  (18) “Person” means any individual, guardian, personal representative, company, corporation, partnership, limited liability company, association, representative of any kind, or non-governmental entity.

  (19) “Practice of assisted living management” means the exercise of final authority of any act or in the making of any decision involved in the planning, organizing, directing, or controlling of the day-to-day operation of an assisted living program.

  (20) “Practice of nursing home administration” means the exercise of final authority of any act or in the making of any decision involved in the planning, organizing, directing, or controlling of the day-to-day operation of a nursing home.

  (21) “Preceptor” means an individual certified to serve as an instructor in an AIT program to be a nursing home administrator, pursuant to this subtitle.

  (22) “State standards exam” means an examination developed by the Board based on the following chapters:

    (a) COMAR 10.07.02;

    (b) COMAR 10.07.09;

    (c) COMAR 10.09.10;

    (d) COMAR 10.09.24; and

    (e) COMAR 10.15.03.