An Act To Improve the Quality and Safety in the Delivery of Personal Care Services
Maine Legislature, Session 121, LD 1753
Committee: Health and Human Services
Sponsors: ANDREWS, BULL, GERZOFSKY, MILLS, NORBERT, SIMPSON, MA YO
Amends: 22 MRSA §1717, 22 MRSA §7851

Legislative Document 
No. 1753 
H.P.1275 
House of Representatives, December 22, 2003 
An Act To Improve the Quality and Safety in the Delivery of 
Personal Care Services 
Submitted by the Department of Human Services pursuant to Joint Rule 204. 
Received by the Clerk of the House on December 17, 2003. Referred to the Committee on 
Health and Human Services pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint 
Rule 401. 
Presented by Representative ANDREWS of York. 
/J1~ 
/J7.1iId£~ 
MILLICENT M. MacFARLAND 
Clerk 
Cosponsored by Representatives: BULL of Freeport, GERZOFSKY of Brunswick, MILLS of 
Farmington, NORBERT of Portland, SIMPSON of Auburn, W ALCOTT of Lewiston, Senator: 
MA YO of Sagadahoc. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 22 MRSA §1717, sub-§3. as enacted by PL 1997, c. 716, 
§l, is repealed and the following enacted in its place: 
3. 
Prohibited emplo:yment. 
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: Qr 
(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: 
. 
Prohibited 
emplo:yment. 
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: 
Page l-LR2637(1) 
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. 3. 22 MRS A §8606 is enacted to read: 
§S606. 
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. 
SUMMARY 
This bill requires personal care agencies,· adult day care 
programs and assisted housing programs to obtain criminal history 
record 
information 
and 
prohibits 
these entities 
from 
hiring 
individuals 
as 
unlicensed 
assistive 
personnel 
if 
those 
individuals have 
been the 
subject of 
a 
complaint of 
abuse, 
neglect 
or 
misappropriation 
of 
property 
that 
has 
been 
substantiated by the state survey agency or have been convicted 
of certain crimes.