§9–3A–01.

    (a)    Except as otherwise provided in this subtitle, beginning October 1, 2024, an individual must be licensed by the Board before the individual may practice as an assisted living manager in the State.

    (b)    (1)    If a licensed assisted living manager leaves or is removed from a position as an assisted living manager by death or for any other unexpected cause, the owner of the assisted living program or other appropriate designee shall immediately:

            (i)    1.    Designate a licensed assisted living manager to serve in that capacity; and

                2.    Notify the Board of the designated licensed assisted living manager’s name; or

            (ii)    Appoint an alternate assisted living manager or a nonlicensed individual to serve in the capacity of interim assisted living manager.

        (2)    (i)    Except as provided in paragraph (3) of this subsection, the appointed alternate assisted living manager or nonlicensed individual may act as the interim assisted living manager on filing an application with the Board requesting a provisional license to practice as the interim assisted living manager for a period not to exceed 90 days.

            (ii)    1.    The owner or other appropriate designee shall immediately notify the Board of the appointment and forward the credentials of the individual appointed to the Board for evaluation to ensure that the individual appointed is experienced, trained, and competent.

                2.    The Board may issue a provisional license to the applicant if the Board determines, in its discretion, that the applicant is of good moral character and capable of adequately administering the assisted living program for the provisional period.

                3.    If the Board denies an application submitted in accordance with subparagraph (i) of this paragraph:

                A.    The nonlicensed individual shall immediately cease acting as the interim assisted living manager; and

                B.    If a licensed assisted living manager remains unavailable, the owner or other appropriate designee shall immediately appoint another nonlicensed individual to act as the interim assisted living manager.

                4.    An individual appointed under subsubparagraph 3 of this subparagraph shall file an application for a provisional license with the Board in accordance with this paragraph.

            (iii)    The provisional period begins on the date that the licensed assisted living manager leaves or is removed from the position as an assisted living manager.

            (iv)    The Board, on request and for good cause shown, may extend the initial provisional period for a further period of not more than 30 days.

        (3)    The appointed alternate assisted living manager or nonlicensed individual may serve in the capacity of interim assisted living manager if the individual has enrolled in a manager training course that the individual expects to complete within 6 months and has provided the notice required under paragraph (2) of this subsection.

        (4)    Except as provided in paragraph (7) of this subsection, a licensed assisted living manager designated under paragraph (1)(i) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this title.

        (5)    Except as provided in paragraph (7) of this subsection, an individual appointed in accordance with paragraph (1)(ii) of this subsection shall submit to a criminal history records check in accordance with § 9–302.1 of this title.

        (6)    The Board may deny approval of an appointment under paragraph (2) of this subsection based on the results of a criminal history records check required under paragraph (4) or (5) of this subsection after consideration of the factors listed in § 9–3A–05(b)(1) of this subtitle.

        (7)    Paragraphs (4) and (5) of this subsection do not apply to an individual licensed, certified, or registered by a health occupations board who previously has completed a criminal history records check required for licensure, certification, or registration.