CHAPTER 376
H.P. 579 - L.D. 780
An Act To Amend the Maine Registry of Certified Nursing Assistants
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, the delivery of high-quality care for persons who are elderly or disabled depends in large part on the personal qualifications of the person delivering the care; and
Whereas, persons seeking to employ certified nursing assistants to deliver care to persons who are elderly or disabled need timely and accurate information about the qualifications of those potential workers; 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 enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1812-G, sub-§§4 and 5, as enacted by PL 1997, c. 465, §2, are amended to read:
4. Verification of credentials and training. The department shall verify the credentials and training of all certified nursing assistants applicants to the Maine Registry of Certified Nursing Assistants.
5. Verifying certified nursing assistant listing. A health care institution, facility or organization employing that employs a certified nursing assistant shall, before hiring a certified nursing assistant, verify with the Maine Registry of Certified Nursing Assistants that the certified nursing assistant is listed on the Maine Registry of Certified Nursing Assistants.
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 abuse, neglect or exploitation in a setting other than a health care setting.
8. Exception. The restrictions on employment under subsections 6 and 7 do not apply to an individual listed and active on the Maine Registry of Certified Nursing Assistants prior to the effective date of this subsection, as long as the individual meets other state and federal requirements for certified nursing assistants and continues to maintain an active status by timely reregistration as required by the rules.
9. Notification. A nursing assistant training program must notify applicants to that program of the restrictions under subsections 6 and 7 prior to the acceptance of any applicant.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective June 2, 2003.
| Revisor of Statutes Homepage | Subject Index | Search | 121st Laws of Maine | Maine Legislature |
