An Act to Clarify and Improve the Laws Relating to the Background Check Center and the Maine Certified Nursing Assistant and Direct Care Worker Registry
Maine Legislature, Session 131, LD 1925
Committee Amendment CA_A_H404 (House)
Amends: 22 MRSA §1812-J, 22 MRSA §9054

COMMITTEEAMENDMENT"J\ "toHP 1230,LD 1925,"AnActtoClanfyand 
Improve the Laws Relatmg to the fabkground Check Center and the Mame Certified 
Nursmg Assistant and Direct Care Worker Registry" 
Amend the bill by msertmg after sect10n 27 the followmg. 
'Sec. 28. 22 MRSA §1812-J, sub-§1, 'ifA-2, as amended by PL 2015, c 299, §11, 
1s further amended to read 
A-2 "Disquahfymg offense" means a substantiat10n of abuse, neglect or expl01tat1on 
or a cnmmal conviction identified m rules adopted by the department that pioh1bit 
employment as Bf1 U:Rhoensed ass1stwe person a du ect care worke1 
Sec. 29. 22 MRSA §1812-J, sub-§1, 'ifA-3, as amended by PL 2015, c 299, §11, 
is furthei amended to read 
A-3 
"Health care and direct access services settmgs" means settmgs m which 
mdividuals receive services that require direct access by a certified nursmg assistant 01 
ooheensed ass1stlve pe1 son a direct caie workei 01 othe1 employee m prov1dmg direct 
care and related services 
Sec. 30. 22 MRSA §1812-J, sub-§1, 'ifA-4, as enacted by PL 2011, c 257, §3, ts 
amended to read 
A-4 
11High seventy" means the level, as established by the depat1ment by 1 ule, of 
7 
abuse, neglect or m1sappropnation of property of a client, patient or resident that fmms 
the basis for a substantiated findmg after mvestigation of a complamt agamst an 
unheensed ass1strve pe1son a duect cate workei of abuse, neglect 01 1msappropnation 
0 
of p1 operty of a chent, patient or resident 
Sec. 31. 22 MRSA §1812-J, sub-§1, 'ifA-5, as enacted by PL 2011, c 257, §3, 1s 
amended to read· 
A-5 
"Indicated findmg" means an admm1strat1ve determmatton made by the 
department, after mvestlgat1on of a complaint agamst an unhoensed ass1stn·e pm son l! 
COMMITTEE AMENDMENT 
oCb 
~ 
COMMTITEEAMENDMENT'A"toHP 1230, LD 1925 
direct care worke1 of abuse, neglect 01 misappropnat10n of p1 operty of a chent, patient 
or resident, that the abuse, neglect or misappropriation of property of a chent, patient 
or resident was of low to moderate seventy based on cntena established by the 
department by rule and that the person is not proh1b1ted from employment as an 
l:l:nheensed ass1st1ve person a direct care w01ker 
Sec. 32. 22 MRSA §1812-J, sub-§1, 1A-6, as enacted by PL 2011, c 257, §3, 1s 
amended to read 
A-6. "Low to moderate seve11ty" means the level, as established by the department by 
rule, of abuse, neglect or m1sapprop1 rntion of pt operty of a chent, patient 01 resident 
that forms the basis for an md1cated findmg after mvestigat10n of a complamt agamst 
an l:l:nheensed ass1strve person a direct care worker of abuse, neglect or 
m1sappropnation of property of a chent, patient 01 resident ' 
Amend the bill by msertmg after section 29 the followmg 
'Sec. 30. 22 MRSA §1812-J, sub-§1, 1C-1, as enacted by PL 2011, c 257, §3, is 
amended to read 
C-1 
"Substantiated findmg" means an admmistrative determmat1on made by the 
department, afte1 mvest1gat10n of a complamt agamst an l:l:nheensed ass1sttve pm son ~ 
direct care worke1 of abuse, neglect or misappropriation of p10perty of a chent, patient 
or resident, that the abuse, neglect or misapprop1 iat10n of property of a chent, patient 
or resident was of high seventy based on criteria estabhshed by the department by rule ' 
Amend the bill by msertmg after section 3 0 the followmg 
'Sec. 31. 22 MRSA §1812-J, sub-§1, ~' as enacted by PL 2011, c 257, §3, is 
amended to read 
E 
"Unsubstantiated findmg" means an admm1sti ative detenmnation made by the 
department, after mvesttgation of a complamt agamst an l:l:nheensed assrntrve person ~ 
dtrect care worker of abuse, neglect or mtsappropnation of pt operty of a client, patient 
resident, that no abuse, neglect 01 misappt opnat10n of pt operty of a chent, patient 
or resident was found to suppott an mdicated findmg or a substantiated findmg of 
abuse, neglect or m1sappropnat1on of pt operty of a chent, patient or resident ' 
Amend the bill by st11king out all of section 58 and msertmg the followmg 
'Sec. 58. 22 MRSA §9054, sub-§8, ,in, as enacted by PL 2015, c 299, §25, is 
repealed 
Sec. 59. 22 MRSA §9054, sub-§8, ,rB-1 is enacted to read 
B-1 
Collecting fingerprmts to determme eligibility of mdividuals to work m direct 
access pos1t10ns m accordance with standards adopted by department rule, and m 
accordance with applicable policies and 1 ules of the Department of Pubhc Safety, 
Bureau of State Police The Bureau of State Pohce shall take, 01 cause to be taken, an 
md1v1dual's fingerprmts. along with any other mformat10n necessary fot a statewide 
and nat10nwide cnmmal history record check All fingerprmts must be mamtamed by 
the State Bureau of Ident1ficat10n and the Federal Bureau of Investigat10n m 
accordance with their policies and pt ocedures, and the Background Check Center shall 
obtam the results of the finge1p1mtmg queries ftom the State Bmeau ofldent1ficatton,' 
COMMITTEE AMENDMENT 
COMM!TIFJ', Af.IBNDMRNT "A "to HP 1230, L D 1925 
Amend the bill by relettermg or renumbermg any nonconsecutive Part lettei or section 
number to read consecutively 
SUMMARY 
This amendment corrects the remammg references to "unlicensed assistive person" m 
the Mame Revised Statutes, Title 22, sect10n 1812-J to "direct cru e worker " It also clarifies 
that the Department of Pubhc Safety, Bureau of State Police must take, and cause to be 
taken, fingerprints to determine the ehgibihty of md1v1duals to work m direct access 
posit10ns The results must be obtamed by the Department of Health and Human Services, 
Background Check Center 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved 06/05/23 .?.JPae 
LD 1925 
LR403(02) 
An Act to Clarify and Improve the Laws Relating to the Background Check Center and the Maine 
Certified Nursing Assistant and Direct Care Worker Registry 
Fiscal Note for Bill as Amended by Committee Amendment~· { H / 1/ {) ul 
Committee: Health and Human Services 
... , 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Fiscal Detail and Notes 
Any addrtlonal costs to the Department of Health and Human Sernces from the provisions of tins bill are expected tr 
be nnnor and can be absorbed within existing budgeted resources 
LR0403(02) - Fiscal Note - Page 1 of 1