1. A. The Board may deny a license to any applicant, suspend or revoke the license of a licensee, place on probation, reprimand, or fine a licensee after proper notice and a hearing, if the applicant or licensee:

   1. (1) Violated any of the provisions of law or regulations pertaining to the licensing or practice of nursing home administration or assisted living management;

   2. (2) Violated any of the provisions of the law or regulations of the:

      1. (a) Licensing or oversight authority or agency of the State for nursing homes or assisted living programs; or
      2. (b) Federal entity having jurisdiction over the operation of nursing homes;
   3. (3) Is incompetent to engage in the practice of nursing home administration or assisted living management or to act as a nursing home administrator or assisted living manager;
   4. (4) Engaged in fraud, deceit, or misrepresentation in the licensee’s or applicant’s capacity as a nursing home administrator or assisted living manager;
   5. (5) Wrongfully transferred or surrendered possession of, either temporarily or permanently, an individual’s license;
   6. (6) Paid, gave, caused to be paid or given, or offered to pay or be given to any person a commission or other valuable consideration for the solicitation or procurement, either directly or indirectly, of nursing home or assisted living program patronage;
   7. (7) Used fraudulent, misleading, or deceptive advertising;
   8. (8) Falsely impersonated another licensee;
   9. (9) Endangered or sanctioned the endangerment of the safety, health, or life of any resident of a nursing home or assisted living program;
   10. (10) Violated a resident’s rights or allowed a resident’s rights to be violated;
   11. (11) Failed to oversee and facilitate the nursing home’s or assisted living program’s quality improvement processes to the extent that the safety, health, or life of any resident has been endangered;
   12. (12) Willfully permitted the unauthorized disclosure of information relating to a resident or the resident’s records;
   13. (13) Discriminated against residents, employees, or staff on account of race, religion, national origin, sexual orientation, or disability;
   14. (14) Violated the Code of Ethics set forth under COMAR 10.33.06;

   15. (15) Engaged in sexual behavior that would be considered unethical or unprofessional according to professional standards of conduct, including, but not limited to:

       1. (a) Sexual behavior with a resident or patient in the context of a professional evaluation, treatment, procedure, or service to the resident or patient, regardless of the setting in which the professional service is rendered;
       2. (b) Sexual behavior with a resident or patient under the pretext of diagnostic or therapeutic intent or benefit;
       3. (c) Solicitation of a sexual relationship, whether consensual or nonconsensual, with a resident or patient;
       4. (d) Sexual advances requesting sexual favors;
       5. (e) Therapeutically inappropriate or intentional touching of a sexual nature;
       6. (f) A verbal comment of a sexual nature;
       7. (g) Physical contact of a sexual nature with a resident or patient;
       8. (h) Discussion of unnecessary sexual matters with a resident or patient;
       9. (i) Direct or indirect observation of a resident or patient while the resident or patient is undressing or dressing;
       10. (j) Taking photographs or video of a resident or patient for a sexual purpose;
       11. (k) Sexual harassment of staff, students, or volunteers;
       12. (l) An unnecessary sensual act or comment;
       13. (m) Sexual contact with an incompetent or unconscious client, patient, or resident; or
       14. (n) Offering to provide services or material in exchange for sexual favors;
   16. (16) Practiced as a nursing home administrator or assistant living manager in the State without a license from the Board or without proper authorization to practice as a nursing home administrator or assistant living manager;
   17. (17) Falsified continuing education records; or
   18. (18) Failed to cooperate with an investigation, proceedings, or other requirements of the Board.
2. B. The Board may, after due notice and an opportunity to be heard, suspend or revoke an AIT’s participation in a Board-approved AIT program, upon substantial evidence that the AIT has committed any of the actions listed in §A of this regulation.
3. C. A licensee shall notify the Board in writing within 30 days if the licensee has been sanctioned by a licensing authority of another state for the practice as a nursing home administrator or assistant living manager.

4. D. On finding that there has been a violation of Health Occupations Article, Title 9, Annotated Code of Maryland, or this subtitle, and in accordance with the applicable notice and due process procedures, the Board may order that the:

   1. (1) Licensee be fined;
   2. (2) Licensee be reprimanded;
   3. (3) Licensee be placed on probation with appropriate terms and conditions;
   4. (4) Licensee’s license be suspended, with or without terms and conditions; or
   5. (5) Licensee’s license be revoked.
5. E. The Board may order any of the sanctions listed in §A of this regulation in combination or individually as appropriate for the violations committed by the licensee.

Authority: Health-General Article, §§2-104 and 19-1809; Health Occupations Article, §§1-212, 1-602—1-609, 9-205, 9-313—9-316.1, 9-3A-11—9-3A-17, and
9-401—9-407; State Government Article, §§10-201—10-226; Annotated Code of Maryland

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