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An Act To Expand Recertification Options for Certified Nursing Assistants
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1812-G, sub-§3, as amended by PL 2009, c. 215, §1, is further amended to read:
 
3. Eligibility requirements for listing.   The State Board of Nursing shall adopt rules pursuant to the Maine Administrative Procedure Act defining eligibility requirements for listing on the registry, including rules regarding temporary listing of nursing assistants who have received training in another jurisdiction. The rules must require that reasonable accommodations are provided for persons with disabilities in any testing of nursing assistants. The rules must permit nursing assistants to work under the supervision of a registered professional nurse in a facility providing assisted living services as defined in chapter 1664 and must recognize work in those facilities for the purpose of qualifying for and continuing listing on the registry. The rules must permit a certified nursing assistant to work under the supervision of a registered professional nurse in a home care setting for 8 hours within 24 consecutive months for the purpose of continuing listing on the registry. Rules adopted regarding the work of nursing assistants in facilities providing assisted living servicespursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2-A.
Sec. 2. Demonstration project on recertification of certified nursing assistants. The offices within the Department of Health and Human Services concerning elder services and licensing and regulatory services shall work together with licensed home health agencies and nursing facilities to design and implement a demonstration project on certified nursing assistant qualification for continued listing on the Maine Registry of Certified Nursing Assistants beginning January 1, 2012. The demonstration project must provide a mechanism by which a person who is working as an unlicensed assistive person, as defined in the Maine Revised Statutes, Title 22, section 1812-G, subsection 1-A, paragraph C, may work or serve as a trainee in a licensed home health agency or nursing facility under required supervision in order to qualify for certification on the Maine Registry of Certified Nursing Assistants. The department shall report on the results of the demonstration project to the joint standing committee of the Legislature having jurisdiction over health and human services matters by January 1, 2014.
 
SUMMARY
This bill expands the options for listing on the Maine Registry of Certified Nursing Assistants by:
1. Requiring reasonable accommodations for persons with disabilities for the certified nursing assistant test;
2. Allowing supervision of a certified nursing assistant by a registered nurse in a home care setting for the purposes of meeting the 8-hour certified nursing recertification requirement; and
3. Directing the offices within the Department of Health and Human Services concerning elder services and licensing and regulatory services to work together with licensed home health agencies and nursing facilities to design and implement a demonstration project on certified nursing assistant qualification for continued listing on the Maine Registry of Certified Nursing Assistants to allow a person who is working as an unlicensed assistive person to work or serve as a trainee in a licensed home health agency or nursing facility under required supervision in order to qualify for certification on the Maine Registry of Certified Nursing Assistants.