Sec. 2. 22 MRSA §1812-G, sub-§§6 to 9 are enacted to read:

6.__Registry notations.__Except as otherwise provided in this section:

A.__An individual may not be employed in a hospital, nursing facility, home health agency or assisted housing program as a certified nursing assistant if that individual has been convicted in a court of law of a crime involving abuse, neglect or misappropriation of property in a health care setting; and

B.__An individual may not be employed in a hospital, nursing facility, home health agency or assisted housing program as a certified nursing assistant if that individual:

(1)__Has been the subject of a complaint involving abuse or neglect that was substantiated by the department pursuant to its responsibility to license hospitals, nursing facilities, home health agencies and assisted housing programs and that was entered on the Maine Registry of Certified Nursing Assistants; or

(2)__Has been the subject of a complaint involving the misappropriation of property in a health care setting that was substantiated by the department and entered on the Maine Registry of Certified Nursing Assistants.

7.__Time limit on consideration of prior criminal conviction.__ Except as otherwise provided in this section, an individual may not be employed in a hospital, home health agency or assisted housing program as a certified nursing assistant if that individual has a prior criminal conviction within the last 10 years of:

A.__A crime for which incarceration of 3 years or more may be imposed under the laws of the state in which the conviction occurred; or

B.__A crime for which incarceration of less than 3 years may be imposed under the laws of the state in which the conviction occurred involving sexual misconduct or involving