(1) Is intended to have or has full responsibility and control for the day-to-day operations of a nursing home; and

(2) Is under contract with:

(i) An applicant for a license from the Secretary to establish, operate, or continue the operation of an existing nursing facility; or

(ii) A holder of a license from the Secretary to operate a nursing facility.

(b) (1) Except as provided in paragraph (2) of this subsection, a nursing home or a nursing home management firm may not knowingly employ or retain as a consultant an individual who, for an activity described in § 9-314(b)(8), (9), or (10) of this subtitle, has surrendered a license under § 9-313 of this subtitle or has had a license revoked under § 9-314 of this subtitle.

(2) A nursing home or nursing home management firm may hire or retain as a consultant an individual who surrendered a license or had a license revoked under this subtitle, but had the license restored by the Board, and who is now a licensee in good standing under the provisions of this title.