An Act To Amend the Laws Regarding Authority over and Oversight of Certified Nursing Assistant Educational Programs
Maine Legislature, Session 124, LD 1704
Committee: Education and Cultural Affairs
Sponsors: STRANG BURGESS, ALFOND, BERRY, EVES, NELSON, PIEH, PINGREE, ROTUNDO, STUCKEY, SUTHERLAND
Amends: 26 MRSA §2164, 32 MRSA §2202-B

Legislative Document 
No. 1704 
H.P.1205 
House of Representatives, January 6,2010 
An Act To Amend the Laws Regarding Authority over and 
Oversight of Certified Nursing Assistant Educational Programs 
Submitted by the Department of Education pursuant to Joint Rule 204. 
Reference to the Committee on Education and Cultural Affairs suggested and ordered 
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/J1.1J?t/C~{ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative STRANG BURGESS of Cumberland. 
Cosponsored by Senator ALFOND of Cumberland and 
Representatives: BERRY of Bowdoinham, EVES of North Berwick, NELSON of Falmouth, 
PIEH of Bremen, Speaker PINGREE of North Haven, ROTUNDO of Lewiston, STUCKEY of 
Portland, SUTHERLAND of Chapman. 
Printed on recycled pnper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 26 MRSA §2164, sub-§3, as amended by PL 1993, c. 306; §5 and PL 
2003, c. 689, Pt. B, §6, is further amended to read: 
3. Certification. Participants who complete training under this section with a 2.00-
hour curriculum approved by the Department of Education Health and Human Services to 
include both theoretical and practical training receive a statewide certificate grarited by 
the Department of Education Health and Human Services. This certificate or a certificate 
issued under sqbsection 4 is required for employment as an activities coordinator in this 
State after December 31, 1993, except that a person employed as an activities coordinator 
on the effective date of this chapter October 9, 1991 who h&scompleted a training 
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program approved by the Department of Health and Human Services is not required to 
obtain a certificate under this section. 
Sec. 2. 26 MRSA§2164, sub-§4, as amended by PL 1993, c. 306; §5 and PL 
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2003, c. 689, Pt. B, §6, is further amended to read: 
4. Reciprocity. Certification may also be issued to candidates who can document 
completion of comparable training and experience in accordance with rules adopted by 
the Commissioner of Education and the Commissioner of Health and Human Services 
after consultation with the activities coordinator board of a state health care association. 
Sec. 3. 32 MRS A §2104, sub-§4"as amended by PL 1993, c. 600, Pt. A, §1 14, is 
further amended to read: 
4. 
Approval and monitoring of nursing assistant training curriculum and 
faculty. An educational institution· or health care facility desiring to conduct an 
educational program for nursing assistants to prepare individuals for a certificate of 
training and subsequent listing on the Maine Registry of Certified Nursing Assistants 
must apply to the Department of Education Department of Health and Human Services 
and submit evidence: 
A. 
That it is prepared to carry out the curriculum for nursing assistants as 
prescribed by the board; 
B. 
That it is prepared to meet those standards established by the board; 
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C. 
That it is prepared to meet those standards for educational programming and 
faculty as established by the Department of Education Department of Health and 
Human Services; and 
. D. 
With respect to an application by a health care facility, that an educational 
institution cannot provide a. nursing assistant training program within 30 days of the 
application date. 
The Department of Education Department of Health and Human Services shall issue a 
notice of approval to an educational institution or health care facility that meets the 
requirements of this subsection. 
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The Department of Education shall consult wits the board in approving and monitoring of 
nursin!! assistant trainin!! nroeams. 
Sec. 4. 32 MRSA §2202-B, as amended by PL 1993, c. 435, §§ 11 to 13, is further 
amended to read: 
§2202-B. Certification fee; disposition of fee; nursing assistants 
-I. Fees authorized. The Commissioner of Education Health and Human Services 
may assess fees for certification of nursing assistants, for the competency testing of 
Aursing assistants and for validation of test results to determine eligibility for certification 
-and~ charge fees for certificates issued and duplicated for out-of-state vocational 
reciprocity, renewal of certificates and replacement of certificates. 
2, Amounts. Amounts offees are as follows: 
A. 
For competency testing, ~ 
$55;which must be included in the training course 
fee; 
B. 
For initial certificate, $5; 
C. 
For replacement certificate, $5; 
D. 
For certificate of comparable training, $10 For letter of verification of 
completion of a certified nursing assistant program, $20; 
E. 
For converted certificate, $5; 
F. 
For renewal certificate, $5; and 
G. 
For validation of test results, $5. 
3. Accounting. The Commissioner of Education Health and Human Services shall: 
A. 
Collect and account for testing and certification fees; and 
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Report and pay fees to the Treasurer of State to be credited to the General Fund. 
4. Staff. The Commissioner of Education Health and Human Services ~hall employ 
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staff necessary to carry out the requirements of this section. 
SUMMARY 
This bill transfers the responsibility for approving the curriculum for and- certificates 
granted to activities coordinators in long-term care facilities from the Department of 
Education to the Department of Health and Human Services. 
The bill also transfers the responsibility _ and authority for the approval and 
monitoring of nursing assistant training curricula, faculty and certification programs and 
the Maine Registry of Certified Nursing Assistants from the Department of Education to 
the Department of Health and Human Services. 
- The bill also transfers the authority to assess fees for certification of nursing 
assistants, for the competency testing of nursing assistants and for validation of test 
results to determine eligibility for certification and charge fees for certificates issued and 
duplicated for out-of-state vocational reciprocity, renewal of certificates and replacement 
of certificates from-the Commissioner of Education to the Commissioner of Health and 
Human Services. The bill also increases the fees charged for competency testing and the 
letter of verification of completion of a certified nursing assistant program. 
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