Sec. 2. 22 MRSA §1717, sub-§4, as enacted by PL 1997, c. 716, §1, is repealed and the following enacted in its place:

4.__Penalties.__The following penalties apply to violations of this section.

A.__A person who operates a personal care agency without registering with the department as required by subsection 2 commits a civil violation for which a fine of $500 per day of operation may be adjudged.

B.__A person who operates a personal care agency in violation of the employment prohibitions in subsection 3 commits a civil violation for which a fine of $500 per day of operation in violation may be adjudged, beginning on the first day that a violation occurs.

Sec. 3. 22 MRSA §1812-G, sub-§7, as enacted by PL 2003, c. 376, §2, is amended to read:

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. 4. 22 MRSA §2149-A is enacted to read:

§2149-A.__Policies and procedures; employment

The requirements of this section apply to home health care providers required to be licensed under this chapter.