Whereas, in one recent month alone, up to 299 state long-term care consumers did not receive needed home care services and hundreds more did not receive all the home care services they were scheduled to receive, due to shortages of unlicensed direct- care staff in the long-term care system, thus endangering these consumers' health and welfare; and

Whereas, a recent study of 1/4 to 1/3 of the private duty staffing providers in the State reported that each week more than 5,000 hours of needed health care service went unmet and nearly 200 new patients were turned down or placed on waiting lists because of staffing shortages and vacancies, most of which were for unlicensed direct-care staff positions; and

Whereas, in other segments of the long-term care system, including nursing facilities and residential care facilities, the shortage of unlicensed direct-care staff is equally acute and equally dangerous to long-term care consumers; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore, be it

Sec. 1. Rulemaking; propose legislation. Resolved: That, by November 1, 2002, the Department of Human Services, the State Board of Nursing and the State Board of Education shall adopt or amend their rules regarding the training and certification of unlicensed direct-care staff in the long-term care system and shall propose to the First Regular Session of the 121st Legislature by December 15, 2002, such legislation as may be required to:

1. Eliminate inconsistencies in training curricula, experience requirements and certification requirements for unlicensed direct-care staff whose job duties are similar in scope and level of responsibility;

2. Allow unlicensed direct-care staff who have job duties that are similar in scope and level of responsibility to transfer their credentials more easily among different long-term care settings; and

3. Create a career ladder that encourages unlicensed direct- care staff to build upon their previous training and