# COMAR Title 10 — Maryland Department of Health

## Subtitle 39 — Board of Nursing — Certificate Holders

### Chapter 01 — Certified Nursing Assistants

#### Regulation .05 Qualifications for Certification.

*COMAR 10.39.01.05*

A. Initial Certification. An applicant for initial nursing assistant certification shall have successfully:

  (1) Completed:

    (a) An approved nursing assistant training program;

    (b) An approved acute care nursing assistant training program;

    (c) A portion of an approved nursing education program that has been determined by the Board to meet the requirements of a nursing assistant training program set by the Board; or

    (d) Service member training and education that has been determined by the Board to be substantially equivalent to a nursing assistant training program approved by the Board in accordance with Health Occupations Article, §1-702, Annotated Code of Maryland; and

  (2) Passed a nursing assistant competency evaluation.

B. Certification by Endorsement. An applicant for nursing assistant certification by endorsement shall:

  (1) Hold a certificate to practice as a nursing assistant that:

    (a) Was issued by another state or territory of the United States that has certification requirements that are essentially similar to those set forth in Health Occupations Article, §8-6A-05, Annotated Code of Maryland; and

    (b) Is in good standing; and

  (2) Have successfully completed a nursing assistant training program that meets the standards for an approved nursing assistant training program set by the Board.

C. Any applicant for nursing assistant certification may not have:

  (1) Committed any act or omission that would be grounds for discipline or denial of certification under Health Occupations Article, §8-6A-10, Annotated Code of Maryland; or

  (2) A record of abuse, negligence, or misappropriation of a client's property or any disciplinary action taken or pending in any other state or territory of the United States against the certification of the CNA.

D. Nursing Education Programs.

  (1) To meet the requirements of a nursing assistant training program set by the Board, a portion of a nursing education program must include courses with content that primarily focuses on:

    (a) Nursing fundamentals;

    (b) Mental health;

    (c) Health assessment;

    (d) Nursing ethics; and

    (e) The content listed under 42 CFR §483.152(b).

  (2) If a portion of a nursing education program does not include courses with content that primarily focuses on the subject matters set forth in § D(1) of this regulation, the Board may review and approve other equivalent subject matters as meeting the requirements of a nursing assistant training program set by the Board.

E. A CNA-II who seeks certification as a CNA-1 shall meet the qualifications set forth in §A of this regulation.

F. Temporary Nurse Aides.

  (1) A temporary nurse aide applying for certification as a CNA-1 shall be deemed to have completed a nursing assistant training program approved by the Board if the temporary nurse aide:

    (a) Completed a temporary nurse aide training course;

    (b) Completed a minimum of 100 hours of on-the-job training as a temporary nurse aide that:

      (i) Met the requirements under 42 CFR §483.152(a) and 42 CFR §483.152(b)(2)—(7); and

      (ii) Was not provided in a facility described under 42 CFR §483.151(b)(2)—(3); and

    (c) In addition to the minimum 100 hours of on-the-job training, worked as a temporary nurse aide competently for a minimum of 160 hours.

  (2) A temporary nurse aide whose on-the-job training did not meet all of the requirements under 42 CFR 483.152(a) and 42 CFR 483.152(b)(2)—(7) may receive supplemental training in those requirements and be deemed to meet the requirement of §F(1)(b)(i) of this regulation.