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10.07.02.42
.42 Geriatric Nursing Assistant Program-Competency Evaluation and Registry.
A. Geriatric Nursing Assistant Competency Evaluation.
(1) The Department shall provide for the evaluation and certification of the competency of geriatric nursing assistants.
(2) The Department will approve one or more competency evaluation programs meeting the criteria set forth by the Health Care Financing Administration of the United States Department of Health and Human Services for registration of nursing aides under Titles XVIII (Medicare) and XIX (Medicaid) of the Social Security Act.
(3) On or after October 1, 1990, a comprehensive care facility may not employ an individual in the capacity of geriatric nursing assistant unless the individual has successfully completed a competency evaluation approved by the Department, except as provided in Regulations .39A(1) and (3) and .41B of this chapter. The competency evaluation shall consist of two parts, which are a written evaluation and a clinical skills evaluation.
(4) On or after October 1, 1990, an individual shall be reregistered as a geriatric nursing assistant if there has been a continuous period of 24 months during which the individual did not provide nursing assistant duties for monetary compensation since the individual's last registration.
B. Geriatric Nursing Assistant Registry.
(1) The Department shall establish and maintain a registry of geriatric nursing assistants properly certified to work in that capacity in comprehensive care facilities or extended care facilities in Maryland.
(2) Individuals possessing proof of out-of-State registration as a geriatric nursing assistant as provided under Regulation .41B of this chapter shall submit proof of that registration to the Department in order to be listed in the geriatric nursing assistant registry in Maryland.
(3) Except as provided in Regulation .39A(3) of this chapter, after the establishment of a registry, a nursing facility may not employ an individual as a geriatric nursing assistant who is not listed in the registry.
(4) The registry shall include the following information concerning individuals listed:
(a) Full name, including maiden name and other surnames used;
(b) Address at the time the competency evaluation is passed;
(c) Date of birth;
(d) Social Security number;
(e) Name of training program and date of completion;
(f) An individual's last known employer and the date of hiring and termination by the employer;
(g) Date or dates of competency evaluation and date of successful completion of competency evaluation;
(h) Any findings documented by the Department of resident neglect or abuse, or misappropriation of resident property involving an individual listed in the registry; and
(i) A brief statement disputing the findings in ¤ B(4)(h), by an individual, if the individual makes a statement.
(5) Before any finding is included in the registry, the Department shall notify the individual involved, and permit the individual to appeal the finding. The appeal shall be filed within 30 days of the notification by the Department. If an appeal is filed in a timely manner, the finding may not be included until a decision by the Secretary that the inclusion of the findings is appropriate.
(6) A person participating in good faith in these activities is not civilly liable under the provisions of Health-General Article, ¤ 19-347(g), Annotated Code of Maryland.
(7) Information contained in the registry shall be considered public information under the Maryland Public Information Act and in accordance with federal law.
(8) Renewal and updating of a geriatric aide's registration is required every 2 years on a schedule set by the State.
(9) Registration fees may be charged to the individual to be listed in the registry.
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