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. 3. 22 MRSA §8606 is enacted to read:

§8606.__Prohibited employment

An adult day care 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:

1.__Subject of annotation.__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;

2.__Convicted of crime involving abuse, neglect or misappropriation of property in health care setting.__Has been convicted in a court of law of a crime involving abuse, neglect or misappropriation of property in a health care setting; or

3.__Other crimes.__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.