CHAPTER 634
H.P. 1275 - L.D. 1753
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 22 MRSA §1717, sub-§3, as enacted by PL 1997, c. 716, §1, is repealed and the following enacted in its place:
3. Prohibited employment. A personal care agency shall obtain criminal history record information about applicants for positions as unlicensed assistive personnel 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;
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
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.
Sec. 2. 22 MRSA §1717, sub-§4, as enacted by PL 1997, c. 716, §1, is repealed and the following enacted in its place:
4. Penalties. The following penalties apply to violations of this section.
A. A person who operates a personal care agency without registering with the department as required by subsection 2 commits a civil violation for which a fine of $500 per day of operation may be adjudged.
B. A person who operates a personal care agency in violation of the employment prohibitions in subsection 3 commits a civil violation for which a fine of $500 per day of operation in violation may be adjudged, beginning on the first day that a violation occurs.
Sec. 3. 22 MRSA §1812-G, sub-§7, as enacted by PL 2003, c. 376, §2, is amended to read:
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, nursing facility, 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.
Sec. 4. 22 MRSA §2149-A is enacted to read:
§2149-A. Policies and procedures; employment
The requirements of this section apply to home health care providers required to be licensed under this chapter.
1. Policies and procedures. A home health care provider shall develop and implement written policies and procedures that prohibit abuse, neglect or misappropriation of a client's property.
2. Employment. A home health care provider 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;
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
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.
Sec. 5. 22 MRSA §2150-B, as enacted by PL 1995, c. 620, §3, is repealed.
Sec. 6. 22 MRSA §7851, sub-§4 is enacted to read:
4. Prohibited employment. A licensed assisted housing program may not hire as unlicensed assistive personnel as defined in section 1717, subsection 1, paragraph D an individual who is prohibited from employment as a certified nursing assistant pursuant to section 1812-G, subsection 6 or 7.
Sec. 7. 22 MRSA §7942, sub-§3, as amended by PL 2001, c. 596, Pt. B, §16 and affected by §25, is further amended to read:
3. Long-term care facility. "Long-term care facility" means an assisted living facility or assisted living program or residential care facility subject to licensure pursuant to chapters 1663 and 1664 and a nursing or intermediate care facility or unit subject to licensure pursuant to chapter 405.
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, ¶C, 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:
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;
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
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.
Sec. 11. Study. By March 1, 2005, the Long-term Care Oversight Committee, as established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 47-F, shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the methods of conducting criminal history record checks for direct care workers. The report shall include recommendations for the standardization of requirements regarding criminal history record checks and employment restrictions for certified nursing assistants and unlicensed assistive personnel and strategies for the establishment of a registry for all unlicensed assistive personnel that can be self-supporting and easily accessible to users.
Effective July 30, 2004, unless otherwise indicated.
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