1. A. As an exception to the licensure requirements in this chapter, an assisted living program shall immediately appoint an individual not licensed to practice as an assisted living manager to act as the interim assisted living manager if:

   1. (1) An assisted living manager licensed in the State leaves or is removed from the position as an assisted living manager by death or other unexpected cause; and
   2. (2) A licensed assisted living manager in the State is unavailable to fill the position.
2. B. The alternate assisted living manager is a non-licensed individual in this regulation and may be appointed as the interim assisted living manager under §A of this regulation, but another non-licensed individual may also be appointed.

3. C. The departure of the assisted living manager as specified in §A of this regulation, is by unexpected cause if:

   1. (1) The departure occurred suddenly;
   2. (2) The departure was unforeseen; and
   3. (3) There was insufficient time for the assisted living program to obtain the services of an assisted living manager licensed in the State.
4. D. The appointed non-licensed individual may begin acting as the interim assisted living manager upon appointment.

5. E. No later than 24 hours after the appointment of the non-licensed individual as interim assisted living manager, under §A of this regulation, the assisted living program shall:

   1. (1) File an application with the Board requesting a provisional license for the non-licensed individual;
   2. (2) Notify the Board of the circumstances involved in the departure of the licensed assisted living manager;
   3. (3) Notify the Board of the credentials of the non-licensed individual; and
   4. (4) If requested, provide the Board with the actions the assisted living program took, or is taking, to hire an assisted living manager licensed in the State.

6. F. State and National Criminal History Records Check. The appointed non-licensed individual shall immediately submit to a criminal history records check, in accordance with Health Occupations Article, §9-302.1, Annotated Code of Maryland.

   1. (1) A criminal history records check is not required if the appointed non-licensed individual is actively licensed by a health occupations board in the State who previously has completed a criminal history records check required for licensure, certification, or registration.
   2. (2) The Board may deny approval of an appointment based on the results of a criminal history records check after consideration of the factors listed in Health Occupations Article, §9–3A–05(b)(1), Annotated Code of Maryland.

7. G. Provisional License. The Board may issue a provisional license to the applicant if the Board determines that:

   1. (1) The applicant is of good moral character;
   2. (2) The departure of the licensed assisted living manager was by unexpected cause; and
   3. (3) The applicant is capable of adequately administering the assisted living program for the provisional period.
8. H. If the Board grants the application for the provisional assisted living manager license, the provisional license is in effect for 90 days from the date of the departure of the licensed assisted living manager. For good cause shown, the Board may extend the provisional license period by 30 days.

9. I. Denial of Provisional License.

   1. (1) If the application for a provisional license is denied by the Board, the assisted living program may request a meeting with the Board to contest the denial.
   2. (2) The assisted living program shall provide the request for a meeting to the Board within 5 business days of the denial.
   3. (3) If the assisted living program requests a meeting, the appointed non-licensed individual may remain acting as the interim assisted living manager until the Board issues a decision.
   4. (4) If the assisted living program does not file a timely request for a meeting with the Board, the non-licensed individual shall cease acting as the interim assisted living manager after 5 days from the denial.
   5. (5) If the Board denies the application for a provisional license after a meeting contesting the initial denial, the non-licensed individual shall cease acting as the interim assisted living manager upon receipt of the decision.
10. J. If the non-licensed individual is required to cease acting as the interim assisted living manager under §I(4) and (5) of this regulation, and an assisted living manager licensed in the State remains unavailable to fill the assisted living manager position, the assisted living program may appoint another non-licensed individual set forth in this regulation.
11. K. As a result of §J of this regulation, if the assisted living program appoints another non-licensed individual, and a provisional license is granted, the provisional license is in effect for 90 days from the date of the departure of the assisted living manager licensed in the State, unless the Board extends the provisional license, for good cause, for an additional 30 days.
12. L. Upon request by the assisted living program, for reasonable cause, the Board may extend the 24-hour time period for meeting the requirements of §E of this regulation.

Authority: Health-General Article, §19-1809; Health Occupations Article, §§9-205, 9-3A-01—9-3A-18, and 9-401—9-501; Annotated Code of Maryland

Effective date: January 19, 2026 (53:1 Md. R 22)