An Act To Make Emergency Changes to Recent Law (AFfER DEADLINE)
Maine Legislature, Session 121, LD 1897
Committee: Judiciary
Sponsors: NORBERT, PENDLETON
Amends: 5 MRSA §191, 22 MRSA §253, 22 MRSA §1812-G, 22 MRSA §2061, 22 MRSA §3477, 22 MRSA §4011-A, 22 MRSA §8103

Legislative Document 
No. 1897 
H.P.1404 
House of Representatives, March 1,2004 
An Act To Make Emergency Changes to Recent Law 
(AFfER DEADLINE) 
(EMERGENCY) 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205. 
Reference to the Committee on Judiciary suggested and ordered printed. 
Presented by Representative NORBERT of Portland. 
Cosponsored by Senator PENDLETON of Cumberland. 
Printed on recycled paper 
'7Y/~ /J7.17/~ 
MILLICENT M. MacFARLAND 
Clerk 
Emergency preamble. Whereas. Acts of the Legislature do not 
become effective until 90 days after adjournment unless enacted 
as emergencies; and 
Whereas, there are certain errors and inconsistencies in 
Public Law 2003, chapter 510 that need immediate correction; and 
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, 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 5 MRSA §191, sub-§4, ,A, as enacted by PL 2003, c. 
510, Pt. B, §2 and affected by §3, is repealed. 
Sec. 2. Retroactivity. 
That section of this Act that repeals 
the Maine Revised Statutes, Title 5, section 191, subsection 4, 
paragraph A applies retroactively to July 1, 2003. 
Sec. 3. 22 MRSA §253, sub-§3, as repealed by PL 2003, c. 469, 
Pt. B, §3 and amended by c. 510, Pt. A, §14, is repealed. 
Sec. 4. 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. 
be 
A crime 
imposed 
for which incarceration of 3 years or more may 
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. 
Sec. 5. Retroactivity. 
That section of this Act that amends 
the Maine Revised Statutes, Title 22, section 18l2-G, subsection 
applies retroactively to June 2, 2003. 
Page l-LR2694(1) 
Sec. 6. 22 MRSA §2061, sub-§2, as amended by PL 2003, c. 469, 
Pt. C, §16 and c. 510, Pt. A, §16, is repealed and the following 
enacted in its place: 
2. 
Review. 
Each project for a health care facility has 
been reviewed and approved to the extent reg:uired by the agency 
of the State that serves as the designated planning agency of the 
State or by the Department of Human Services in accordance with 
the provisions of the Maine Certificate of Need Act of 2002, as 
amended, and is consistent with the cost containment provisions 
for health care and health coverage of the State Health Plan 
adopted pursuant to Title 2, section 101, paragraph A; 
Sec. 7. 22 MRSA §3477, sub-§l, ,A, as repealed and replaced by 
PL 2003, c. 510, Pt. E, §2 and affected by §4, is amended to read: 
A. 
While acting in a professional capacity: 
(1) 
An allopathic or osteopathic physician; 
(2) 
A medical intern; 
(3) 
A medical examiner; 
(4) 
A physician's assistant; 
(5) 
A dentist; 
(6) 
A chiropractor; 
(7) 
A podiatrist; 
(8) 
A registered or licensed practical nurse; 
(9) 
A certified nursing assistant; 
(10) 
A social worker; 
(11) 
A psychologist; 
(12) 
A pharmacist; 
(13) 
A physical therapist; 
(14) 
A speech therapist; 
(15) 
An occupational therapist; 
(16) 
A mental health professional; 
(17) 
A law enforcement official; 
(18) 
A coroner; 
(19) 
Emergency room personnel; 
(20) 
An ambulance attendant; 
(21) 
An emergency medical technician; 
(22) 
Unlicensed assistive personnel; 
(23) 
A RWRaB humane agent employed by the Department 
of Agriculture, Food and Rural Resources; and 
(24) 
A clergy member acquiring the information as a 
result 
of 
clerical 
professional 
work 
except 
for 
information received during confidential communications; 
Sec. 8. 22 MRSA §4011-A, sub-§l, 1[A, as repealed and replaced 
by PL 2003, c. 510, Pt. E, §3 and affected by §4, is repealed and 
the following enacted in its place: 
A. 
When acting in a professional capacity: 
(1) An allopathic or osteopathic physician, resident or 
intern; 
(2) 
An emergency medical services person; 
(3) 
A medical examiner; 
( 4) 
A physician's assistant; 
( 5) 
A dentist; 
( 6) 
A dental hygienist: 
(7} 
A dgntal assistant: 
(8} 
A chiropractor; 
(9} 
A podiatrist; 
(10} 
A registered or licensed practical nurse; 
(II} 
A tgacher; 
(12} 
A guidance counselor; 
(13) 
A school official; 
( 14) 
A 
children's 
summer 
camp 
administrator 
or 
counselor: 
(15) 
A social worker; 
(16) 
A court appointed special advocate or guardian ad 
litem for the child; 
(17) 
A homemaker: 
(18) 
A home health aide; 
(19) 
A medical or social service worker; 
(20) 
A psychologist: 
(21) 
Child care personnel; 
(22) 
A mental health professional; 
(23) 
A law enforcement official: 
(24) 
A state or municipal fire inspector; 
(25) 
A municipal code enforcement official; 
( 26) 
A 
commercial 
film 
and 
photographic 
print 
processor: 
(27) 
A clergy member acg:uiring the information as a 
result 
of 
clerical 
professional 
work 
except 
for 
information received during confidential communications; 
(28) 
A chair of a professional licensing board that 
has jurisdiction over mandated reporters; and 
(29) 
A humane 
agent employed by the Department of 
Agriculture, Food and Rural Resources; 
Sec. 9. Retroactivity. 
That section of this Act that amends 
the Maine Revised Statutes, Title 22, section 3477, subsection 1, 
paragraph A and that section that repeals and replaces Title 22, 
section 4011-A, subsection 1, paragraph A apply retroactively to 
September 13, 2003. 
Sec. 10. 22 MRSA §8103, sub.§I, as repealed by PL 2003, c. 
411, §l and repealed and replaced by c. 
510, 
Pt. 
A, 
§18, 
is 
repealed. 
Sec.H. PL 2003, c. 510, Pt. B, §3 is amended to read: 
Sec. B·3. 
Retroactivity. 
That 
section 
of 
this 
Part 
that 
repeals and replaces the Maine Revised Statutes, Title 5, section 
~akes-effee~ applies retroactively to July 1, 2003. 
Sec. 12. PL 2003, c. 510, Pt. C, §10 is repealed. 
Sec. 13. Retroactivity. 
That section 
Public 
Law 
2003, 
chapter 
510, 
Part 
retroactively to January 11, 2004. 
of this Act that repeals 
C, 
section 
applies 
Sec. 14. PL 2003, c. 510, Pt. E, §4 is amended to read: 
Sec. E·4. Retroactivity. 
Those 
sections of this Part that 
repeal and replace the Maine Revised Statutes, Title 22, section 
3477, subsection 1, paragraph A and section 4011-A, subsection 1, 
paragr aph A 
~alEe--e4:-t"~- -9-G- - aay6- -a-f-t-e-r- -aElj-e-,*FamEH~t, --e.£--t.-he- -]!:h: s ~ 
~e~,*;bal'--Se&s-i~~f.-.t.he--J.,.J...l-s-t;--be~is;ba~".u:e apply retroactively to 
September 13, 2003. 
Sec. 15. PL 2003, c. 510, Pt. F, §2 is amended to read: 
Sec. F·2. Retroactivity. 
That section of this Part that amends 
the Maine Revised Statutes, Title 21-A, section 1014, subsection 
~akes--e4:-t"~--~~-~-af.~F-~~~~~me~.t.-~~-.t.Re-~~~--~e~H;bal' 
Sessie-B---e-t---t~--~~~~t,--be~is;ba~Hl'e 
applies 
retroactively 
to 
September 13, 2003. 
Sec. 16. PL 2003, c. 510, Pt. G, §3 is enacted to read: 
Sec. G·3. Retroactivity. 
Those 
sections of this Part that 
enact 
the 
Maine 
Revised 
Statutes, 
Title 
22, 
section 
7855, 
subsection 4, paragraph A 2 and amend Title 22, 
section 7855, 
subsection 4, paragraph B apply retroactively to June 3, 2003. 
Emergency clause. 
In view of the emergency cited in the 
preamble, this Act takes effect when approved. 
SUMMARY 
This bill 
amends 
the 
Maine 
Revised 
Statutes, 
Title 
5, 
section 
191, 
subsection 
to 
delete 
obsolete 
language. 
Corporations 
are 
not 
required 
to 
file 
a 
certificate 
of 
organization with the Attorney General under the Maine Revised 
Statutes, Title 9-B. 
This bill applies this change retroactively 
to July 1, 2003. 
This bill corrects a conflict created by Public Law 2003, 
chapters 469 
and 510, 
which both affected the Maine 
Revised 
Statutes, Title 22, section 253, subsection 3, by repealing the 
provision. 
This bill corrects the 
law concerning certified nursing 
assistants. 
Public 
Law 
2003, 
chapter 
amended the 
Maine 
Revised Statutes, Title 22, section 1812-G, subsection 7, which 
governs certified nursing assistants, or "CNAs." 
The new law 
includes 
provisions 
prohibiting the 
employment 
of 
a 
CNA 
in 
certain situations if the CNA was convicted within the last 10 
years of certain crimes. 
Chapter 376 lists those situations as 
hospi tals, home health agencies and assisted housing programs. 
Nursing facilities were 
inadvertently omitted from 
the list. 
This bill amends the law to include nursing facilities and makes 
that change retroactive to June 
2, 
2003, 
the date on which 
chapter 376 took effect. 
This bill corrects a conflict created by Public Law 2003, 
chapters 469 
and 
510, 
which both affected the Maine Revised 
Statutes, Title 22, section 2061, subsection 2, by repealing this 
provision and replacing it with the chapter 469 version. 
This bill amends 
the 
Maine 
Revised Statutes, 
Title 
22, 
section 3477, subsection 1, paragraph A and repeals and replaces 
Ti tle 22, section 4011-A, subsection 1, paragraph A to correct 
the 
spelling of 
"humane 
agent" 
and 
to correct 
an error in 
formatting. 
This bill corrects a conflict created by Public Law 2003, 
chapters 411 
and 510, 
which both affected the Maine 
Revised 
Statutes, Title 22, section 8103, subsection 1, by repealing that 
subsection. 
This bill applies the section of Public Law 2003, chapter 
that repeals and replaces the Maine Revised Statutes, Title 
5, section 191 retroactively to July 1, 2003. 
This bill repeals Public Law 
2003, 
chapter 510, 
Part C, 
section 10 retroactively to January 11, 2004. 
This bill applies the sections of Public Law 2003, chapter 
that repeal and replace the Maine Revised Statutes, Title 22, 
section 3477, 
subsection 1, 
paragraph A and section 4011-A, 
subsection 1, paragraph A retroactively to September 13, 2003. 
This bill applies the section of Public Law 2003, chapter 
that amends the Maine Revised Statutes, Title 21-A, section 
1014, subsection 2 retroactively to September 13, 2003. 
This bill applies the sections of Public Law 2003, chapter 
that enact the Maine Revised Statutes, Title 22, 
section 
7855, subsection 4, paragraph A-2 
and amend Title 22, section 
7855, subsection 4, paragraph B retroactively to June 3, 2003.