An Act To Improve Quality and Safety in Lon9-te~ Care Further amend the bill by striking out everything after the enacting clause and before the summary and inserting in its place the following: Sec. 1. 22 MRSA §1717, sub-§3, as enacted by PL 1997, c. 716, §1, is repealed and the following enacted in its place: 3.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 emplo:fDM!nt. A personal care agency shall obtain criminal history record information about a,pplicants for positions a,s unlicensed assistive personnel a,nd ma,y not hire an individual who: A. Has worked as a certified nursing a,ssistant and has been the subject of a, notation by the state survey a,gency for a substantiated complaint of abuse, neglect or misappropriation of property in a hea,lth care setting that was entered on the Ma,ine Registry of Certified Nursing Assista,nts; B. Ha,s been convicted in a court of law of a, crime involving abuse, neglect or misappropriation of property in a health ca,re setting; or Page I-LR2637(2) COMM/rrEE AMENDMENT
Maine Legislature, Session 121, LD 1753
Committee Amendment CA_A_H817 (House)
Amends: 22 MRSA §1717, 22 MRSA §1812-G, 22 MRSA §2149-A, 22 MRSA §21, 22 MRSA §78, 22 MRSA §7942, 22 MRSA §7944, 22 MRSA §8606

COMMITTEE AMENDMENT ,A" to H.P. 1275, L.D. 1753, Bill, "An 
Act To Improve the Quality and Safety in the Delivery of Personal 
Care Services" 
Amend the bill by striking out the title and SUbstituting 
the following: 
'An Act To Improve Quality and Safety in Lon9-te~ Care' 
Further amend the bill by striking out everything after the 
enacting clause and before the summary and inserting in its place 
the following: 
'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§1, is repealed and the following enacted in its place: 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 emplo:fDM!nt. 
A personal care agency shall 
obtain criminal history record information about a,pplicants for 
positions a,s unlicensed assistive personnel a,nd ma,y not hire an 
individual who: 
A. 
Has worked as a certified nursing a,ssistant and has been 
the subject of a, notation by the state survey a,gency for a 
substantiated 
complaint 
of 
abuse, 
neglect 
or 
misappropriation of property in a hea,lth care setting that 
was 
entered on the 
Ma,ine 
Registry of Certified Nursing 
Assista,nts; 
B. 
Ha,s 
been convicted in 
a 
court of 
law of 
a, 
crime 
involving abuse, neglect or misappropriation of property in 
a health ca,re setting; or 
Page I-LR2637(2) 
COMM/rrEE AMENDMENT 
COMMITTEE AMENDMENT .. A 
.. to H.P. 1275, L.D. 1753 
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 §1717, sub-§4, as enacted by PL 1997, c. 716, 
§l, is repealed and the following enacted in its place: 
4. 
Penalties. 
The following penalties apply to violations 
of this section. 
A. 
A person who operates a personal care agency without 
registering with the department as required by subsection 2 
commits a civil violation for which a fine of $500 per day 
of operation may be adjudged. 
B. 
A 
person 
who 
operates 
a 
personal 
care 
agency 
in 
violation of the employment prohibitions in subsection 3 
commits a civil violation for which a fine of $500 per day 
of operation in violation may be adjudged, beginning on the 
first day that a violation occurs. 
Sec. 3. 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. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A .. to H.P. 1275, L.D. 1753 
Sec.4. 22 MRSA §2149-A is enacted to read: 
§2149-A. 
Policies and procedures: employment 
The requirements of this section apply to home health care 
providers required to be licensed under this chapter. 
1. 
Policies and procedures. 
A home health care provider 
shall develop and implement written policies and procedures that 
prohibit 
abuse. 
neglect 
or 
misappropriation 
of 
a 
client's 
property. 
2. 
Employment. 
A home health care provider shall obtain 
criminal 
history 
record 
information 
about 
applicants 
for 
positions as unlicensed assistive personnel as defined in section 
1717. subsection L 
paragraph D and may not hire an individual 
who: 
A. 
Has worked as a certified nursing assistant and has been 
the subject of a notation 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 
Qll 
(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. S. 22 MRSA §21S0-B, as enacted by PL 1995, c. 620, §3, 
is repealed. 
Sec.6. 22 MRSA §78S1, sub-§4 is enacted to read: 
4. 
Prohibited emplqrment. 
A licensed assisted housing 
program may not hire as unlicensed assistive personnel as defined 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ,,4' to H.P. 1275, L.D. 1753 
in section 1717, subsection 1, paragraph D an individual who is 
prohibited 
from 
employment 
as 
a 
certified nursing assistant 
pursuant to section lS12-G, subsection 6 or 7. 
Sec. 7. 22 MRSA §7942, sub-§3, as amended by PL 2001, c. 596, 
Pt. B, §16 and affected by §25, is further amended to read: 
3. 
Long-term 
care facility. 
"Long-term care 
facility" 
means an 
ass~st:ee--l4.-¥4.~-f.ae-~l-i-t~-e!' assisted living program or 
residential 
care 
facility 
subject 
to 
licensure 
pursuant 
to 
chapters 
1663 
and 
1664 
and 
a 
nursing or 
intermediate 
care 
facility or unit subject to licensure pursuant to chapter 405. 
Sec. 8. 22 MRSA §7942, sub-§7, as amended by PL 1999, c. 384, 
§18, is further amended to read: 
7. 
State licensing rules. 
"State licensing rules" refers 
to the department's rules governing the licensing and functioning 
of nursing facilities, intermediate care facilities for persons 
with 
mental 
retardation 
and 
assisted 
living 
programs 
or 
residential care facilities. 
Sec. 9. 22 MRSA §7944, sub-§I, 1fC, as amended by PL 1999, c. 
99, §3, is further amended to read: 
C. 
The department may impose a penalty upon a long-term 
care facility for operating without 
a 
license or for 
a 
violation 
of 
this 
chapter. 
The 
ml.nl.mum 
penalty 
for 
operating without a license is $500 per day. 
A penalty or a 
combination of penalties imposed on a facility may not be 
greater than a sum equal to $10 times the total number of 
residents residing in the facility per violation, up to a 
maximum of $10,000 for each instance in which the department 
issues a 
statement of deficiency to a skilled nursing or 
intermediate care facility, or $6 times the total number of 
residents residing in the facility per violation, up to a 
maximum of $6,000 in each instance in which the department 
issues 
a 
statement of deficiency to any assisted living 
program or residential care facility. 
Sec. 10. 22 MRSA §8606 is enacted to read: 
§8606. 
Prohibited emplQEment 
1. 
Criminal. history record information. 
An adult day care 
program shall obtain criminal history record information about 
applicants for positions as unlicensed assistive personnel as 
defined in section 1717, subsection 1, paragraph D and may not 
hire an individual who: 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT ·A" to H.P. 1275, L.D. 1753 
A. 
Has worked as a certified nursing assistant and has been 
the subject of a notation 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 
Qf.i. 
(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. 11. 
Study. 
By 
March 
1, 
2005, 
the 
Long-term 
Care 
Oversight 
Committee, 
as 
established 
in 
the 
Maine 
Revised 
Statutes, Title 5, section l2004-I, subsection 47-F, shall report 
to 
the 
joint 
standing 
committee 
of 
the 
Legislature 
having 
jurisdiction over health 
and 
human 
services matters 
on 
the 
methods of conducting criminal history record checks for direct 
care workers. 
The report shall include recommendations for the 
standardization of requirements regarding criminal history record 
checks 
and 
employment 
restrictions 
for 
certified 
nursing 
assistants and unlicensed assistive personnel and strategies for 
the establishment of a 
registry for all unlicensed assistive 
personnel that can be self-supporting and easily accessible to 
users .• 
SUMMARY 
This amendment replaces the bill and changes the title. 
It 
requires personal care agencies, home health care providers and 
adult 
day 
care 
programs 
to 
obtain criminal history 
record 
information 
about 
applicants 
for 
positions 
as 
unlicensed 
assistive personnel and prohibits these entities from hiring 
individuals who have worked as certified nursing assistants and 
have 
been the 
subject of 
a 
complaint of 
abuse, 
neglect or 
misappropriation of property that has been substantiated by the 
state survey 
agency or 
who 
have 
been convicted of certain 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to H.P. 1275, L.D. 1753 
crimes. 
It prohibits licensed assisted housing programs from 
hiring 
as 
unlicensed 
assistive 
personnel 
persons 
who 
are 
prohibited from employment as certified nursing assistants under 
the Maine Revised Statutes, Title 22, section 1812-G, subsections 
and 7. 
It provides penalties for a personal care agency that 
violates the employment requirements contained in the amendment. 
The amendment makes 3 corrections to long-term care facility law 
to update language on assisted living programs and residential 
care 
facilities. 
It 
directs 
the 
Long-term 
Care 
Oversight 
Committee to report by March 1, 
2005 to the joint standing 
committee of the Legislature having jurisdiction over health and 
human 
services matters 
regarding 
conducting 
criminal history 
record checks for direct care workers and the establishment of a 
registry. 
FISCAL \OTE REQUIRED 
(See attacht:d)" 
COMMITTEE AMENDMENT 
Approved: 03/22/04 ~aC!-
Office of Fiscal and Program Review 
LD 1753 
An Act To Improve the Quality and Safety in the Delivery of Personal 
Care Services 
LR2637(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 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes new civil violations 
Jiscal Detail and Notes 
Additional costs to the Departments of Human Services and Public Safety in implementing this legislation can be 
absorbed within existing budgetary resources. 
LR2637(2) - Fiscal Note - Page 1 of 1