An Act To Amend the Maine Registry of Certified Nursing Assistants
Maine Legislature, Session 121, LD 0780
Committee: Health and Human Services
Sponsors: ANDREWS, DAGGETT, KANE, SHIELDS
Amends: 22 MRSA §1812-G

Legislative Document 
No. 780 
H.P.579 
House of Representatives, February 18,2003 
An Act To Amend the Maine Registry of Certified Nursing 
Assistants 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
Presented by Representative ANDREWS of York. 
Cosponsored by President DAGGETT of Kennebec and 
Representatives: KANE of Saco, SHIELDS of Auburn. 
Printed on recycled paper 
77/~/J7.~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1812-G. sub-§§4 and 5. as enacted by PL 1997, 
c. 465, §2, are repealed. 
Sec. 2. 22 MRSA §1812-G. sub-§§6 to 9 are enacted to read: 
6. 
Verification. 
The 
department 
shall 
verify 
the 
credentials and training of all certified nursing assistants, and 
a health care institution, facility or organization employing 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. 
7. 
Employment restrictions. 
Except as otherwise provided 
in this section: 
A. 
An 
individual may not be 
employed in a 
health care 
entity as a certified nursing assistant if that individual: 
(1) 
Has been convicted by a court of law of a crime 
involving abuse or neglect; or 
( 2) 
Has been convicted by a court of law of a cr ime 
involving misappropriation of funds of a health care 
entity; 
B. 
An 
individual may not be 
employed in a 
health care 
entity as a certified nursing assistant if that individual: 
(1) 
Has had a 
complaint involving abuse or neglect 
that was substantiated by the department and entered on 
the Maine Registry of Certified Nursing Assistants; or 
(2) 
Has had a complaint involving the misappropriation 
of funds of a health care entity that was substantiated 
by the department and entered on the Maine Registry of 
Certified Nursing Assistants; or 
C. 
An 
individual may not be 
employed in a 
health care 
enti.ty as a certified nursing assistant if that individual 
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; 
(2) 
A 
crime 
involving sexual misconduct 
for 
which 
incarceration of less than 3 years may be imposed; or 
Page l-LR0798(1) 
(3) 
A cr ime involving abuse, neglect or exploi tation 
in a setting other than a health care setting for which 
incarceration of less than 3 years may be imposed. 
8. 
Exception. 
The employment restrictions under subsection 
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, provided that the individual meets other 
state 
and 
federal 
requirements 
and 
continues 
to maintain 
an 
active status by timely reregistration as required by the rules. 
9. 
Notification. 
All nursing assistant training programs 
must notify applicants of the requirements of subsection 7 prior 
to the acceptance of 
any applicant into 
a 
nursing assistant 
training program. 
SUMMARY 
This bill requires the Maine Registry of Certified Nursing 
Assistants to bar an individual from working in a health care 
entity as a certified nursing assistant if that individual has 
been convicted by a court of law of, or has had a complaint 
substantiated by the 
Department 
of 
Human 
Services 
involving, 
abuse, 
neglect 
or 
misappropriating 
funds 
in 
a 
health 
care 
entity. 
The 
bill 
bars 
individuals 
with 
serious 
criminal 
convictions 
from 
being 
employed 
in 
a 
health care entity as 
certified nursing assistants. 
The bill also requires training 
programs for nursing assistants to notify applicants about this 
restriction prior to acceptance into a program.