Sec. 8. 22 MRSA §7942, sub-§7, as amended by PL 1999, c. 384, §18, is further amended to read:

7. State licensing rules. "State licensing rules" refers to the department's rules governing the licensing and functioning of nursing facilities, intermediate care facilities for persons with mental retardation and assisted living programs or residential care facilities.

Sec. 9. 22 MRSA §7944, sub-§1, śC, as amended by PL 1999, c. 99, §3, is further amended to read:

C. The department may impose a penalty upon a long-term care facility for operating without a license or for a violation of this chapter. The minimum penalty for operating without a license is $500 per day. A penalty or a combination of penalties imposed on a facility may not be greater than a sum equal to $10 times the total number of residents residing in the facility per violation, up to a maximum of $10,000 for each instance in which the department issues a statement of deficiency to a skilled nursing or intermediate care facility, or $6 times the total number of residents residing in the facility per violation, up to a maximum of $6,000 in each instance in which the department issues a statement of deficiency to any assisted living program or residential care facility.

Sec. 10. 22 MRSA §8606 is enacted to read:

§8606.__Prohibited employment

1.__Criminal history record information.__An adult day care program shall obtain criminal history record information about applicants for positions as unlicensed assistive personnel as defined in section 1717, subsection 1, paragraph D and may not hire an individual who:

A.__Has worked as a certified nursing assistant and has been the subject of a notation by the state survey agency for a substantiated complaint of abuse, neglect or misappropriation of property in a health care setting that was entered on the Maine Registry of Certified Nursing Assistants;