CHAPTER 599
H.P. 1404 - L.D. 1897
Emergency preamble. Whereas, Acts of the Legislature do not become effective until 90 days after adjournment unless enacted as emergencies; and
Whereas, there are certain errors and inconsistencies in Public Law 2003, chapter 510 that need immediate correction; 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. 5 MRSA §191, sub-§4, ¶A, as enacted by PL 2003, c. 510, Pt. B, §2 and affected by §3, is repealed.
Sec. 2. Retroactivity. That section of this Act that repeals the Maine Revised Statutes, Title 5, section 191, subsection 4, paragraph A applies retroactively to July 1, 2003.
Sec. 3. 22 MRSA §253, sub-§3, as repealed by PL 2003, c. 469, Pt. B, §3 and amended by c. 510, Pt. A, §14, is repealed.
Sec. 4. 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. 5. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 22, section 1812-G, subsection 7 applies retroactively to June 2, 2003.
Sec. 6. 22 MRSA §2061, sub-§2, as amended by PL 2003, c. 469, Pt. C, §16 and c. 510, Pt. A, §16, is repealed and the following enacted in its place:
2. Review. Each project for a health care facility has been reviewed and approved to the extent required by the agency of the State that serves as the designated planning agency of the State or by the Department of Human Services in accordance with the provisions of the Maine Certificate of Need Act of 2002, as amended, and is consistent with the cost containment provisions for health care and health coverage of the State Health Plan adopted pursuant to Title 2, section 101, paragraph A;
Sec. 7. 22 MRSA §3477, sub-§1, ¶A, as repealed and replaced by PL 2003, c. 510, Pt. E, §2 and affected by §4, is amended to read:
A. While acting in a professional capacity:
(1) An allopathic or osteopathic physician;
(2) A medical intern;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A chiropractor;
(7) A podiatrist;
(8) A registered or licensed practical nurse;
(9) A certified nursing assistant;
(10) A social worker;
(11) A psychologist;
(12) A pharmacist;
(13) A physical therapist;
(14) A speech therapist;
(15) An occupational therapist;
(16) A mental health professional;
(17) A law enforcement official;
(18) A coroner;
(19) Emergency room personnel;
(20) An ambulance attendant;
(21) An emergency medical technician;
(22) Unlicensed assistive personnel;
(23) A human humane agent employed by the Department of Agriculture, Food and Rural Resources; and
(24) A clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications;
Sec. 8. 22 MRSA §4011-A, sub-§1, ¶A, as repealed and replaced by PL 2003, c. 510, Pt. E, §3 and affected by §4, is repealed and the following enacted in its place:
A. When acting in a professional capacity:
(1) An allopathic or osteopathic physician, resident or intern;
(2) An emergency medical services person;
(3) A medical examiner;
(4) A physician's assistant;
(5) A dentist;
(6) A dental hygienist;
(7) A dental assistant;
(8) A chiropractor;
(9) A podiatrist;
(10) A registered or licensed practical nurse;
(11) A teacher;
(12) A guidance counselor;
(13) A school official;
(14) A children's summer camp administrator or counselor;
(15) A social worker;
(16) A court-appointed special advocate or guardian ad litem for the child;
(17) A homemaker;
(18) A home health aide;
(19) A medical or social service worker;
(20) A psychologist;
(21) Child care personnel;
(22) A mental health professional;
(23) A law enforcement official;
(24) A state or municipal fire inspector;
(25) A municipal code enforcement official;
(26) A commercial film and photographic print processor;
(27) A clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications;
(28) A chair of a professional licensing board that has jurisdiction over mandated reporters; and
(29) A humane agent employed by the Department of Agriculture, Food and Rural Resources;
Sec. 9. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 22, section 3477, subsection 1, paragraph A and that section that repeals and replaces Title 22, section 4011-A, subsection 1, paragraph A apply retroactively to September 13, 2003.
Sec. 10. 22 MRSA §8103, sub-§1, as repealed by PL 2003, c. 411, §1 and repealed and replaced by c. 510, Pt. A, §18, is repealed.
Sec. 11. PL 2003, c. 510, Pt. B, §3 is amended to read:
Sec. B-3. Retroactivity. That section of this Part that repeals and replaces the Maine Revised Statutes, Title 5, section 191 takes effect applies retroactively to July 1, 2003.
Sec. 12. PL 2003, c. 510, Pt. C, §10 is repealed.
Sec. 13. Retroactivity. That section of this Act that repeals Public Law 2003, chapter 510, Part C, section 10 applies retroactively to January 11, 2004.
Sec. 14. PL 2003, c. 510, Pt. E, §4 is amended to read:
Sec. E-4. Retroactivity. Those sections of this Part that repeal and replace the Maine Revised Statutes, Title 22, section 3477, subsection 1, paragraph A and section 4011-A, subsection 1, paragraph A take effect 90 days after adjournment of the First Regular Session of the 121st Legislature apply retroactively to September 13, 2003.
Sec. 15. PL 2003, c. 510, Pt. F, §2 is amended to read:
Sec. F-2. Retroactivity. That section of this Part that amends the Maine Revised Statutes, Title 21-A, section 1014, subsection 2 takes effect 90 days after adjournment of the First Regular Session of the 121st Legislature applies retroactively to September 13, 2003.
Sec. 16. PL 2003, c. 510, Pt. G, §3 is enacted to read:
Sec. G-3. Retroactivity. Those sections of this Part that enact the Maine Revised Statutes, Title 22, section 7855, subsection 4, paragraph A-2 and amend Title 22, section 7855, subsection 4, paragraph B apply retroactively to June 3, 2003.
Emergency clause. In view of the emergency cited in the preamble, this Act takes effect when approved.
Effective April 6, 2004.
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