Section 19-2002 - Office of Health Care Quality. - Maryland Statutes

§ 19-2002. Office of Health Care Quality.
 

(a)  "Office" defined.- In this section, "Office" means the Office of Health Care Quality in the Department of Health and Mental Hygiene. 

(b)  Compliance.- The Office may inspect a nursing staff agency to verify compliance with this subtitle. 

(c)  Nursing personnel credentials.- When the Office conducts an inspection, the Office shall verify that the nursing personnel referred by the nursing staff agency: 

(1) If registered nurses or licensed practical nurses, are licensed by the Board; or 

(2) If certified nursing assistants, are certified by the Board. 

(d)  Nursing staff agency procedures.- When the Office conducts an inspection, the Office shall verify that the nursing staff agency has developed, documented, and implemented procedures for: 

(1) Selecting and verifying the credentials of nursing personnel referred by the agency; 

(2) Validating experience of nursing personnel prior to referral by the agency; 

(3) Tracking and acting on serious or life-threatening complaints received by a client facility or the client facility's agent; 

(4) Reporting of an action or condition under § 19-2001 (h) of this subtitle; 

(5) Verifying that nursing personnel referred by the agency are of satisfactory health status and have received the necessary testing and immunization as required or requested by the client facility; 

(6) Verifying I-9 status; 

(7) Verifying, prior to initial referral of nursing personnel to a client facility by the agency, drug screening of nursing personnel referred by the agency if the client facility requires drug screening for facility employees; 

(8) Verifying, when there is probable cause to perform a drug test or when a client facility requests a drug test, drug testing of nursing personnel referred by the agency; 

(9) Verifying, prior to initial referral of nursing personnel to a client facility by the agency, criminal background checks of nursing personnel referred by the agency if the client facility requires criminal background checks for facility employees; and 

(10) Verifying the references of nursing personnel referred by the agency. 

(e)  A nursing staff agency shall attest that the nursing staff agency is in compliance with the: 

(1) Civil Rights Act of 1964; 

(2) Rehabilitation Act of 1973; 

(3) Americans with Disabilities Act of 1990; and 

(4) Drug Free Workplace Act of 1988, if applicable. 

(f)  The Office may inspect a nursing staff agency upon receiving a complaint, and may give notice of the inspection to the nursing staff agency. 
 

[2001, ch. 427, § 2; ch. 428, § 2.]