Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 128 - RULES GOVERNING THE MAINE REGISTRY OF CERTIFIED NURSING ASSISTANTS › Section 144-128-1 - Definitions

Current through 2024-29, July 17, 2024
The following definitions supplement those definitions in the
				  applicable statutes. The definitions in the applicable statutes are not
				  repeated in this rule.
1.
Abuse
means the infliction of injury, unreasonable confinement,
				intimidation or cruel punishment that causes or is likely to cause physical
				harm or pain or mental anguish; sexual abuse or sexual exploitation; or the
				intentional, knowing or reckless deprivation of essential needs. "Abuse"
				includes acts and omissions.
2.
Annotation or annotated
means the notation on the Registry of a
				Certified Nursing Assistant (C.N.A.) or Direct Care Worker (D.C.W.), due to a
				specific criminal conviction, a substantiated finding of abuse or neglect of a
				patient, client or resident, or a substantiated finding of misappropriation of
				a patient's, client's or resident's property, in accordance with
				22
				MRS
				§1812-G(2-C).
3.
Certified Nursing Assistant
means an individual who has successfully completed an approved nursing
				assistant training program, holds a certificate of training and meets the
				eligibility requirements established by the State Board of Nursing for listing
				on the Registry.
4.
Department
means the Maine Department of Health and Human
				Services.
5.
Direct care
				worker
means an individual who, by virtue of employment, generally
				provides to individuals direct contact assistance with personal care or
				activities of daily living or has direct access to provide care and services to
				clients, patients or residents regardless of setting. Direct care workers does
				not include a certified nursing assistant employed in that person's capacity as
				a certified nursing assistant. A listing of D.C.W.s can be found at
				22
				MRS §1812-G ().
6.
Disqualifying Offense
means a
				substantiation for abuse, neglect or exploitation, or a criminal conviction
				identified in rules adopted by the Department that prohibits employment as a
				certified nursing assistant or a direct care worker in accordance with
				22
				MRS
				§1812-G(2-C).
7.
Misappropriation of Property
means the deliberate misplacement, exploitation or wrongful, temporary or
				permanent use of a client's, patient's or resident's belongings or money
				without that person's consent.
8.
Neglect
means a threat to a person's health or welfare by failure
				to provide goods or services necessary to avoid physical or mental injury or
				impairment or the threat of injury or impairment.
9.
Nondisqualifying criminal
				conviction
means a criminal conviction that is included as an annotation
				on the registry, but does not prohibit employment as a certified nursing
				assistant or a direct care worker.
10.
Non-traditional Certified Nursing
				Assistant (C.N.A.) means:
* AC.N.A. trained in Maine who has not worked as a C.N.A. for
				  at least the preceding 24 months; or
* An individual trained as a C.N.A., or its equivalent, while
				  serving in the United States Armed Services who meets the requirements set out
				  in this rule.
11.
Registry
means the Maine Registry of Certified Nursing Assistants
				and Direct Care Workers, which lists C.N.A.s who are qualified to work in
				Maine, and includes any C.N.A.s who are annotated and disqualified from
				employment as a C.N.A. The Registry also lists any D.C.W.s, who are annotated
				and not eligible for employment due to a prior disqualifying offense.
12.
Substantiated
				finding
means an administrative determination made by the department
				after investigation of a complaint against a certified nursing assistant or a
				direct care worker of abuse, neglect or misappropriation of property of a
				client, patient or resident.
13.
Training and competency evaluation program
means an approved
				program that a C.N.A. must successfully complete before the C.N.A. qualifies to
				apply for listing on the Registry. Maine training and competency evaluation
				programs must comply with the Omnibus Budget Reconciliation Act of 1987 (OBRA
				87).
14.
Unsubstantiated
				finding
means an administrative determination made by the department
				after investigation of a complaint against a certified nursing assistant or a
				direct care worker that no evidence of abuse, neglect or misappropriation of
				property of a client, patient or resident was found to support a substantiated
				finding.