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, nursing facility, 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 abuse, neglect or exploitation in a setting other than a health care setting.

Sec. 5. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 22, section 1812-G, subsection 7 applies retroactively to June 2, 2003.

Sec. 6. 22 MRSA §2061, sub-§2, as amended by PL 2003, c. 469, Pt. C, §16 and c. 510, Pt. A, §16, is repealed and the following enacted in its place:

2.__Review.__Each project for a health care facility has been reviewed and approved to the extent required by the agency of the State that serves as the designated planning agency of the State or by the Department of Human Services in accordance with the provisions of the Maine Certificate of Need Act of 2002, as amended, and is consistent with the cost containment provisions for health care and health coverage of the State Health Plan adopted pursuant to Title 2, section 101, paragraph A;

Sec. 7. 22 MRSA §3477, sub-§1, ķA, as repealed and replaced by PL 2003, c. 510, Pt. E, §2 and affected by §4, is amended to read:

A. While acting in a professional capacity:

(1) An allopathic or osteopathic physician;

(2) A medical intern;

(3) A medical examiner;

(4) A physician's assistant;