Sec. 1. 22 MRSA §1717, sub-§3, as enacted by PL 1997, c. 716, §1, is repealed and the following enacted in its place: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 and may not hire an individual as one of its unlicensed assistive personnel if that individual:

A.__Has worked as a certified nursing assistant and has been the subject of an annotation 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 §7851, sub-§4 is enacted to read:

4.__Prohibited employment.__An assisted housing program shall obtain criminal history record information about and may not hire an individual as one of its unlicensed assistive personnel as defined in section 1717, subsection 1, paragraph D if that individual:

A.__Has worked as a certified nursing assistant and has been the subject of an annotation 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;