An Act To Expand Recertification Options for Certified Nursing Assistants
Maine Legislature, Session 125, LD 0537
Committee: Labor, Commerce, Research and Economic Development
Sponsors: WEBSTER, JACKSON, DOW, DRISCOLL, EVES, GRAHAM, HERBIG, HUNT, PRESCOTT, VOLK
Amends: 22 MRSA §1812-G

Legislative Document 
No. 537 
H.P. 420 
House of Representatives, February 15, 2011 
An Act To Expand Recertification Options for Certified Nursing 
Assistants 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative WEBSTER of Freeport. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: DOW of Waldoboro, DRISCOLL of Westbrook, EVES of North Berwick, 
GRAHAM of North Yarmouth, HERBIG of Belfast, HUNT of Buxton, PRESCOTT of 
Topsham, VOLK of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1812-G, sub-§3, as amended by PL 2009, c. 215, §1, is 
further amended to read: 
3.  Eligibility requirements for listing.  The State Board of Nursing shall adopt 
rules pursuant to the Maine Administrative Procedure Act defining eligibility 
requirements for listing on the registry, including rules regarding temporary listing of 
nursing assistants who have received training in another jurisdiction.  The rules must 
require that reasonable accommodations are provided for persons with disabilities in any 
testing of nursing assistants.  The rules must permit nursing assistants to work under the 
supervision of a registered professional nurse in a facility providing assisted living 
services as defined in chapter 1664 and must recognize work in those facilities for the 
purpose of qualifying for and continuing listing on the registry.  The rules must permit a 
certified nursing assistant to work under the supervision of a registered professional nurse 
in a home care setting for 8 hours within 24 consecutive months for the purpose of 
continuing listing on the registry.  Rules adopted regarding the work of nursing assistants 
in facilities providing assisted living services pursuant to this subsection are routine 
technical rules as defined by Title 5, chapter 375, subchapter 2-A. 
Sec. 2.  Demonstration project on recertification of certified nursing 
assistants.  The offices within the Department of Health and Human Services 
concerning elder services and licensing and regulatory services shall work together with 
licensed home health agencies and nursing facilities to design and implement a 
demonstration project on certified nursing assistant qualification for continued listing on 
the Maine Registry of Certified Nursing Assistants beginning January 1, 2012.  The 
demonstration project must provide a mechanism by which a person who is working as an 
unlicensed assistive person, as defined in the Maine Revised Statutes, Title 22, section 
1812-G, subsection 1-A, paragraph C, may work or serve as a trainee in a licensed home 
health agency or nursing facility under required supervision in order to qualify for 
certification on the Maine Registry of Certified Nursing Assistants.  The department shall 
report on the results of the demonstration project to the joint standing committee of the 
Legislature having jurisdiction over health and human services matters by January 1, 
2014. 
SUMMARY 
This bill expands the options for listing on the Maine Registry of Certified Nursing 
Assistants by: 
1.  Requiring reasonable accommodations for persons with disabilities for the 
certified nursing assistant test; 
2.  Allowing supervision of a certified nursing assistant by a registered nurse in a 
home care setting for the purposes of meeting the 8-hour certified nursing recertification 
requirement; and 
3.  Directing the offices within the Department of Health and Human Services 
concerning elder services and licensing and regulatory services to work together with 
licensed home health agencies and nursing facilities to design and implement a 
demonstration project on certified nursing assistant qualification for continued listing on 
the Maine Registry of Certified Nursing Assistants to allow a person who is working as 
an unlicensed assistive person to work or serve as a trainee in a licensed home health 
agency or nursing facility under required supervision in order to qualify for certification 
on the Maine Registry of Certified Nursing Assistants.