Maine Revised Statutes

§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 and Direct Care Workers; [2011, c. 257, §18 (AMD).]
B. Has been convicted in a court of law of a crime involving abuse, neglect or misappropriation of property in a health care setting; or [2003, c. 634, §10 (NEW).]
C. Has a prior criminal conviction within the last 10 years of:
(1) 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
(2) 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. [2003, c. 634, §10 (NEW).]
[ 2011, c. 257, §18 (AMD) .]
SECTION HISTORY
2003, c. 634, §10 (NEW). 2011, c. 257, §18 (AMD).

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