(a)    (1)    Except as provided in subsection (d) of this section, by January 1, 2006, an assisted living manager who is employed by an assisted living program that is licensed for 5 or more beds shall have completed a manager training course that is approved by the Department and includes an examination.

(2)    The manager training course shall:

(i)    Consist of at least 80 hours;

(ii)    Require attendance or participation at training programs that provide for direct interaction between faculty and participants; and

(iii)    Authorize a maximum of 25 hours of training through Internet courses, correspondence courses, tapes, or other training methods that do not require direct interaction between faculty and participants.

(b)    An assisted living manager employed in a program that is licensed for 5 or more beds shall be required to complete 20 hours of Department-approved continuing education every 2 years.

(c)    In addition to the sanctions specified in COMAR 10.07.14.48, an assisted living program that fails to employ an assisted living manager who meets the requirements of this section may be subject to a civil money penalty not to exceed $10,000.

(d)    (1)    The requirements of subsection (a) of this section do not apply to an individual who:

(i)    Is employed by an assisted living program and has enrolled in a Department-approved manager training course that the individual expects to complete within 6 months;

(ii)    Except as provided in paragraph (3) of this subsection, is temporarily serving as an assisted living manager, for no longer than 45 days, due to an assisted living manager leaving employment and prior to the hiring of a permanent assisted living manager; or

(iii)    Subject to paragraph (2) of this subsection:

1.    Has been employed as an assisted living manager in the State for 1 year prior to January 1, 2006; or

2.    Is licensed as a nursing home administrator in the State.

(2)    The Department may require an individual who is exempt under paragraph (1)(iii) of this subsection to complete a manager training course and examination if the Department finds that the assisted living manager repeatedly has violated State law or regulations on assisted living and that those violations have caused actual physical or emotional harm to a resident.

(3)    An assisted living program may request an extension from the Department to allow an individual to serve as an assisted living manager for longer than 45 days if the assisted living program has shown good cause for the extension.

(e)    The Department shall ensure that manager training courses approved by the Department are affordable and accessible to assisted living programs and to individuals seeking to enroll in the courses.