1. A. Notice of Deficiencies.

   1. (1) If the Board determines that there is a basis for withdrawal of approval under §C of this regulation, the Board shall issue a written notice of deficiencies to the training program.

   2. (2) The notice of deficiencies shall notify the training program of the:

      1. (a) Requirements with which the program has not complied;
      2. (b) Reasons for the Board’s determination; and
      3. (c) Requirement to submit a written plan of correction in accordance with §B of this regulation.

2. B. Written Plan of Correction.

   1. (1) A training program shall submit a written plan of correction after 30 calendar days of the date of the notice of deficiencies unless granted an extension by the Board for good cause.

   2. (2) The written plan of correction shall:

      1. (a) Address all deficiencies noted by the Board; and
      2. (b) Include dates of completion for correcting the deficiencies.
   3. (3) The Board shall review the plan of correction and may approve or modify the dates of completion for correcting deficiencies.
   4. (4) The training program shall correct the deficiencies within the time frame approved by the Board.

3. C. Grounds for Withdrawal. The Board may withdraw approval of a training program that:

   1. (1) Fails to comply with any of the applicable requirements of this chapter;
   2. (2) Fails to correct deficiencies within the time frame approved by the Board;
   3. (3) Enrolls new students after expiration of approval; or
   4. (4) Has a graduate pass rate of less than 90 percent of the pass rate for all states using the applicable Board-approved vendors for a nursing assistant competency evaluation.

4. D. Procedure for Withdrawal.

   1. (1) Before withdrawing approval of a training program under §C of this regulation, the Board shall:

      1. (a) Notify the program of its intent to withdraw approval; and
      2. (b) Give the program an opportunity to request an evidentiary hearing before the Board.
   2. (2) The notice of intent to withdraw approval and hearing shall comply with the Administrative Procedure Act.
5. E. Mandatory Withdrawal. Notwithstanding any other section of this regulation, the Board shall withdraw approval of a training program upon receipt of notice from the Office of Healthcare Quality that the facility is prohibited from holding a training program pursuant 42 CFR §483.151(f)(1) or 42 CFR §483.151(f)(3).
6. F. Reinstatement. A training program whose approval was withdrawn may apply for reinstatement of approval by submitting a reinstatement application demonstrating that the program meets all of the applicable requirements of this chapter.

Authority: Health Occupations Article, §§8-205, 8-6A-05(a)(6), and 8-6A-14, Annotated Code of Maryland;
Chs. 818 and 819, Acts of 2024; Ch. 416, Acts of 2025

Effective date: April 30, 2001 (28:8 Md. R. 761)

Regulation .02B amended effective July 2, 2018 (45:13 Md. R. 667)

Regulation .05A amended effective July 2, 2018 (45:13 Md. R. 667)

Regulation .07B amended effective November 7, 2005 (32:22 Md. R. 1756)

Chapter revised as an emergency provision effective April 3, 2026 (53:9 Md. R. 411); amended permanently effective June 8, 2026 (53:11 Md. R. 484)