Whereas, there is ample evidence that nursing facilities are under-staffed and that resident care is endangered; and

Whereas, short staffing leads to preventable illnesses and injuries on the part of residents that actually increase the cost of care; and

Whereas, short staffing hurts workers and diverts resources away from direct care; 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 c. 405-E is enacted to read:

CHAPTER 405-E

NURSING FACILITY STAFFING STANDARDS

§1890.__Nursing facility staffing standards

1.__Definitions.__As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Direct-care providers" means registered nurses, licensed practical nurses and certified nursing assistants who provide direct care of nursing facility residents.

B.__"Direct care" means hands-on care provided to residents, including but not limited to feeding, bathing, toileting, dressing, lifting and moving residents.__"Direct care" does not include food preparation, housekeeping or laundry services except in circumstances when such services are required to meet the needs of an individual resident on a given occasion.

C.__"Licensed staff" means registered nurses and licensed practical nurses responsible for direct-care of residents, as defined in paragraph B, or for coordination and planning of resident care and supervision of direct-care providers.