An Act To Amend Licensing and Certification Requirements
Maine Legislature, Session 123, LD 1800
Committee Amendment CA_A_H552 (House)
Amends: 22 MRSA §1717, 22 MRSA §8301-A

COMMITTEE AMENDMENT "jJ" to H.P. 1254, L.D. 1800, Bill, "An Act To 
Amend Licensing and Certification Requirements" 
Amend the bill by striking out sections 2 to 12 and inserting the following: 
'Sec. 2. 22 MRSA §1717, as amended by PL 2003, c. 634, §§l and 2 and c. 673, 
Pt. NN, § 1, is further amended to read: 
§ 1717. Registration of personal care agencies and placement agencies 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. 
"Activities of daily living" means tasks that are routinely performed by an 
individual to maintain bodily function, including, but not limited to, mobility; 
transfers in position among sitting, standing and prone positions; dressing; eating; 
toileting; bathing; and personal hygiene assistance. 
B. 
"Hires and employs" means recruits, selects, trains, declares competent, 
schedules, directs, defines the scope of the positions of, supervises or terminates 
individuals who provide personal care. 
B-I. "Home care services" means assistance with activities of daily living and related 
tasks . 
C. "Personal care agency" means a business entity or subsidiary of a business entity 
that is not otherwise licensed by the Division of Licensing and CertifieatioB 
Regulatory Services and that hires and employs unlicensed assistive personnel to 
provide assistance with activities of daily living and related tasks to individuals in the 
places in which they reside, either permanently or temporarily. An individual who 
hires and employs unlicensed assistive personnel to provide care for that individual is 
not a personal care agency, except when permitted by rule of the department. 
C-I. "Placement agency" means any person or entity engaged for gain or profit in the 
business of securing or attempting to secure home care services work for an 
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.. to H.P. 1254, L.D. 1800 
individual or of securing or attempting to secure a home care services worker for a 
consumer. "Placement agency" includes, but is not limited to, employment agencies, 
nurse registries and any other entity that places a home care services worker for hire 
by a consumer in that consumer's temporary or permanent residence for purposes of 
providing home care services. 
D. "Unlicensed assistive personnel" means individuals employed to provide hands-
on assistance with activities of daily living to individuals in homes, assisted living 
centers, residential care facilities, hospitals and other health care settings. 
~Unlicensed assistive 
personnel~ does not include certified nursing assistants 
employed in their capacity as certified nursing assistants. 
2. Registration of personal care agencies and placement agencies. Beginning 
August 1, 1998, a personal care agency not otherwise licensed by the department shall 
register with the department. The aRRual registratioR fee is $25 Beginning January 1, 
2008, a placement agency not otherwise licensed by the department shall register with the 
department. The department shall adopt rules establishing the annual registration fee, 
which must be at least $25. 
3. Prohibited employment. A personal care agency or a placement agency shall 
obtain criminal history record information about applicants for positions as unlicensed 
assistive personnel or home care services workers and may not hire or place 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 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. 
4. Penalties. The following penalties apply to violations ofthis section. 
A. A person who operates a personal care agency or placement agency without 
registering with the department as required by subsection 2 commits a civil violation 
for which a fine of not less than $500 per day of operation but not more than $10,000 
may be adjudged. Each day of violation constitutes a separate offense. 
B. A person who operates a personal care agency or placement agency in violation of 
the employment prohibitions in subsection 3 commits a civil violation for which a 
fine of not less than $500 per day of operation in violation but not more than $10,000 
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I 
per day may be adjudged, beginning on the first day that a violation occurs. Each day 
of violation constitutes a separate offense. 
5. Injunctive relief. Notwithstanding any other remedies provided by law, the 
Office of the Attorney General may seek an injunction to require compliance with the 
provisions of this section. 
6. Enforcement. The Office of the Attorney General may file a complaint with the 
District Court seeking civil penalties or injunctive relief or both for violations of this 
section. 
7. Jurisdiction. The District Court has jurisdiction pursuant to Title 4, section 152 
for violations of this section. 
II 
8. Burden of proof. The burden is on the department to prove, by a preponderance 
of the evidence, that the alleged violations of this section occurred. 
9. Right of entry. This subsection governs the department's right of entry. 
A. An application for registration of a personal care agency or placement agency 
constitutes permission for entry and inspection to verify compliance with applicable 
laws and rules. 
B. The department has the right to enter and inspect the premises of a personal care 
agency or placement agency registered by the department at a reasonable time and, 
upon demand, has the right to inspect and copy any books, accounts, papers, records 
and other documents in order to determine the state of compliance with applicable 
laws and rules. 
C. To inspect a personal care agency or placement agency that the department knows 
or believes is being operated without being registered, the department may enter only 
with the permission of the owner or person in charge or with an administrative 
inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule 80E 
by the District Court authorizing entry and inspection. 
10. Administrative inspection warrant. The department and a duly designated 
officer or employee of the department have the right to enter upon and into the premises 
of an unregistered personal care agency or placement agency with an administrative 
inspection warrant issued pursuant to the Maine Rules of Civil Procedure, Rule SOE by 
the District Court at a reasonable time and, upon demand, have the right to inspect and 
copy any books, accounts, papers, records and other documents in order to determine the 
state of compliance with this section. The right of entry and inspection may extend to 
any premises and documents of a person, firm, partnership, association, corporation or 
other entity that the department has reason to believe is operating without being 
registered. 
11. Noninterference. An owner or operator of an unregistered personal care agency 
or placement agency may not interfere with, impede or obstruct an investigation by the 
department, including but not limited to interviewing persons receiving services or 
persons with knowledge of the agency. 
12. Violation of injunction. A person, firm, partnership, association, corporation or 
other entity that violates the terms of an injunction issued under this section shall pay to 
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the State a fine of not less than $500 nor more than $10,000 for each violation. Each day 
of violation constitutes a separate offense. In any action brought by the Office of the 
Attorney General against a person, firm, partnership, association, corporation or other 
entity for violating the terms of an injunction under this section, the District Court may 
make the necessary orders or judgments regarding violation of the terms of the injunction. 
In an action under this section, when a permanent injunction has been issued, the District 
Court may order the person, firm, partnership, association, corporation or other entity 
against which the permanent injunction is issued to pay to the General Fund the costs of 
the investigation of that person, firm, partnership, association, corporation or other entity 
by the Office of the Attorney General and the costs of suit, including attorney's fees. 
13. Suspension or revocation of registration. A personal care agency or placement 
agency found to be in violation of this section may have its registration to operate as a 
personal care agency or placement agency suspended or revoked. The department may 
file a complaint with the District Court requesting suspension or revocation of a 
registration to operate a personal care agency or placement agency. 
14. Rules. The department may adopt rules to implement this section. Rules 
adopted pursuant to this subsection are routine technical rules as defined in Title 5, 
chapter 375, subchapter 2-A.' 
Amend the bill in section 15 in §7702-B by striking out all of subsection 8 and 
inserting the following: 
'8. Administrative inspection warrant. The department and a duly designated 
officer or employee of the department have the right to enter upon and into the premises 
of an unlicensed long-term care facility or child care facility or an uncertified family child 
care provider with an administrative inspection warrant issued pursuant to the Maine 
Rules of Civil Procedure, Rule 80B by the District Court at a reasonable time and, upon 
demand. have the right to inspect and copy any books. accounts, papers, records and other 
documents in order to determine the state of compliance with subsection 1. Pursuant to 
the Maine Rules of Civil Procedure, Rule 80E the department's right of entry and 
inspection may extend to any premises and documents of a person, firm, partnership, 
association, corporation or other entity that the department has reason to believe is 
operating without a license or a certificate. 
9. Noninterference. An owner or person in charge of an unlicensed long-term care 
facility or child care facility or an uncertified family child care provider may not interfere 
with or prohibit the interviewing by the department of residents or consumers of 
services.' 
Amend the bill in §7702-B by renumbering the subsections to read consecutively. 
Amend the bill by inserting after section 25 the following: 
'Sec. 26. 22 MRSA §8301-A, sub-§l-A, ~, as amended by PL 2005, c. 530, 
§7, is further amended to read: 
B. "Child care facility" means a child care center, small child care facility or nursery 
school. "Child care facility" does not include a facility operated by a family child 
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to H.P. 1254, L.D. 1800 
care provider, a summer camp established solely for recreational and educational 
purposes, programs offering instruction to children for the purpose of teaching a skill 
such as karate, dance or basketball, a formal public or private school in the nature of 
a kindergarten or elementary or secondary school approved by the Commissioner of 
Education in accordance with Title 20-A or a private school recognized by the 
Department of Education as a provider of equivalent instruction for the purpose of 
compulsory school attendance. Any program for children under 5 years of age that is 
located in a private school, other thafl and programs that contract with one or more 
Child Development Services System sites,-is are required to be licensed as a child 
care facility.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or 
section number to read consecutively. 
SUMMARY 
The amendment defines "placement agency" and "home care services." It requires a 
placement agency to register with the Department of Health and Human Services. It gives 
the Department of Health and Human Services the same right of entry and applies the 
same administrative inspection and license suspension and revocation provisions with 
respect to placement agencies as apply to personal care agencies. It clarifies that the 
department's right of entry may extend to any premises and documents of a person, firm, 
partnership, association, corporation or other entity that the department has reason to 
believe is operating without a license or a certificate. It clarifies that an owner or person 
in charge of an unlicensed long-term care facility or child care facility or an uncertified 
family child care provider may not interfere with or prohibit the interviewing by the 
department of residents or consumers of services. It clarifies that an owner or operator of 
an unregistered personal care agency or placement agency may not interfere with, impede 
or obstruct an investigation by the department, including but not limited to interviewing 
persons receiving services or persons with knowledge of the agency. It changes the word 
"subtitle" to "section" and corrects statutory language to clarify that a child care facility 
license is required before the Department of Education grants approval for a program to 
contract with one or more Child Development Services System sites. 
FISCAL ~OTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/11107 frac:.. 
LD 1800 
LR 1059(02) 
An Act To Amend Licensing and Certification Requirements 
Fiscal Note for Bill as Amended by Committee Amendment " ~" 
Committee: Health and Human Services 
Fiscal Note Required: Yes 
Fiscal Note 
Current revenue increase - General Fund 
Minor cost increase - General Fund 
Correctional and Judicial Impact Statements 
Establishes civil penalties. Allows the District Court to order violators of injunctions to pay the General Fund for 
costs of investigation by the Office of the Attorney General and for costs of suit, including attorney's fees. 
This bill may increase the number of civil suits filed in the court system. 
The collection of additional filing fees may also increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Department of Health and Human Services can be absorbed by the department within 
existing budget resources. Any impact on fee or license revenue is expected to be minor. 
LR1059(02) - Fiscal Note - Page 1 of 1