An Act To Amend the Maine Registry of Certified Nursing Assistants LR0798(02)
Maine Legislature, Session 121, LD 0780
Committee Amendment CA_A_H504 (House)
Amends: 22 MRSA §1812-G

COMMITTEE AMENDMENT "/I,, to 
Act To Amend the Maine Registry of 
H.P. 579, L.D. 780, Bill, "An 
Certified Nursing Assistants" 
Amend the bill by inserting after the title and before the 
enacting clause the following: 
'Emergency preamble. Whereas, Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, the delivery of high-quality care for persons who 
are elderly or disabled depends in large part on the personal 
qualifications of the person delivering the care; and 
Whereas, 
persons 
seeking 
to 
assistants to deliver care to persons 
need timely and accurate information 
those potential workers; and 
employ 
certified 
nursing 
who are elderly or disabled 
about the qualifications of 
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,' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
COMMITTEE AMENDMENT 
·, 
COMMITTEE AMENDMENT .. /1 .. to H.P. 579, L.D. 780 
. Sec. 1. 22 MRSA §1812-G, sub-§§4 and 5, as enacted by PL 
1997, c. 465, §2, are amended to read: 
4. 
Verification 
of 
credentials 
and 
training. 
The 
department shall verify the credentials 
and training of all 
ee~EiEiea-BQ~siB~-ass46~aB~s applicants to the Maine Registry of 
Certified Nursing Assistants. 
5. 
Verifying certified nursing assistant listing. 
A health 
care institution, facility or organization e~~~eyiB~ that employs 
a certified nursing assistant shall, before hiring a certified 
nursing assistant, verify with the Maine Registry of Certified 
Nursing Assistants that the certified nursing assistant is listed 
on the Maine Registry of Certified Nursing Assistants. 
Sec. 2. 22 MRSA §1812-G, sub-§§6 to 9 are enacted to read: 
6. 
Regist~ notations. 
Except as otherwise provided in 
this section: 
A. 
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 been 
convicted in a court of law of a cr ime involving abuse. 
neglect or misappropriation of property in a health care 
setting; and 
B. 
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: 
(1) 
Has 
been the subject of a 
complaint involving 
abuse 
or 
neglect 
that 
was 
substantiated 
by 
the 
department pursuant to its responsibility to license 
hospitals. nursing facilities. home health agencies and 
assisted housing programs and that was entered on the 
Maine Registry of Certified Nursing Assistants; or 
(2) 
Has been the subject of a complaint involving the 
misappropriation of property in a health care setting 
that was substantiated by the department and entered on 
the Maine Registry of Certified Nursing Assistants. 
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. home health agency 
or assisted housing program as a certified nursing assistant if 
that individual has a prior criminal conviction within the last 
years of: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "fl· to H. P. 579. L. D. 780 
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. 
8. 
Exception. 
The 
restrictions 
on 
employment 
under 
subsections 6 and 7 do not apply to an individual listed and 
active on the Maine Registry of Certified Nursing Assistants 
prior to the effective date of this subsection, as long as the 
individual 
meets 
other 
state 
and 
federal 
requirements 
for 
certified nursing assistants and continues to maintain an active 
status by timely reregistration as required by the rules. 
9. 
Rotification. 
A nursing assistant training program must 
notify applicants to that program of 
the restrictions under 
subsections 6 and 7 prior to the acceptance of any applicant. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved.' 
SUMMARY 
This amendment replaces the bill. 
It specifies the health 
care 
settings in which 
employment 
restrictions 
on certified 
nursing 
assistants 
apply. 
It 
clarifies 
that 
the 
entity 
responsible for substantiating allegations of abuse or neglect is 
the 
Department 
of 
Human 
Services. 
It 
clarifies 
language 
regarding misappropriation of property and adds 
an emergency 
preamble and emergency clause to the bill. 
FISCAL ~OTE REQURED 
(See attached) 
COMMITTEE AMENDMENT 
Fiscal Detail and Notes 
Revised: 05/20/03 ~ac:.. 
Office of Fiscal and Program Review 
LD780 
An Act To Amend the Maine Registry of Certified Nursing Assistants 
LR0798(02) 
Fiscal Note for Bill as Amended by Committee Amendment" " 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Any additional costs to the Department of Human Services in implementing this bill can be absorbed by the 
department utilizing existing budgeted resources. 
LR0798(2) - Fiscal Note - Page 1 of 1