Code of Maine Rules › 10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES › 144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL › Chapter 111 - TEMPORARY NURSE AGENCY LICENSING RULE › Section 144-111-2 - DEFINITIONS

Current through 2024-29, July 17, 2024
A.
Definitions.
As used in this
				rule, the following terms have the following meanings.
1.
Certified Nursing Assistant
				(CNA)
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.
2.
Department
means the Maine Department of Health and Human
				Services, Division of Licensing and Certification or its successor
				agency.
3.
Direct
				access
means access to the property, personally identifiable
				information, financial information, or resources of an individual or physical
				access to an individual who is a Medicare or Medicaid beneficiary or other
				protected individual served by a nurse, certified nursing assistant, or other
				qualified staff placed by a TNA.
4.
Health care facility
means a public or private, proprietary or
				not-for-profit entity or institution providing health services, including, but
				not limited to a nursing facility; a residential care facility; a continuing
				care retirement community; an assisted housing facility; a hospital; a
				community mental health facility; a scene response air ambulance; a facility of
				a hospice program; or a community health center.
5.
Health care setting
means a
				provider that offers health care services to patients in the state of Maine,
				including but not limited to home health care agencies, physician's offices,
				vaccination clinics, or other sites where staff employed by a TNA are
				placed.
6.
Hire, employ, or
				place
means to recruit, select, train, declare competent, schedule,
				direct, define the scope of the position of, or supervise an individual who
				provides temporary care.
7.
Maine Background Check Center (MBCC)
means the entity that
				operates the Internet-based system established and maintained by the Department
				in accordance with 22 MRS §9054, used by employers to request background
				checks on potential or current direct access workers to determine the
				eligibility of individuals to work in direct access positions with vulnerable
				Mainers including children, elderly persons, dependent adults and persons with
				disabilities.
8.
Maine
				Registry of Certified Nursing Assistants and Direct Care Workers
				Registry
means the registry which lists CNAs who are qualified to work
				in Maine and includes any CNAs who are annotated and disqualified from
				employment as a CNA. The Registry also lists any Direct Care Workers who are
				annotated and not eligible for employment due to a prior disqualifying
				offense.
9.
Nurse
means an individual engaged in the practice of nursing as set forth in 32
				M.R.S. § 2102, including professional nursing, advanced practice
				registered nursing, and practical nursing.
10.
Other qualified staff
means
				any other type of health care staff that require certification or licensure to
				provide services in Maine, including but not limited to Physical Therapists,
				Occupational Therapists, Speech Language Pathologists/ Speech Therapists,
				Certified Residential Medication Assistants, and Personal Support Specialists.
				Other qualified staff does not include physicians.
11.
Person in charge
means an
				individual designated by the TNA as the person who is responsible for the
				day-to-day operations of the TNA and would be the contact person for the
				Department.
12.
Repeat
				Deficiency
means violating the same rule more than once in a two-year
				period.
13.
Reporting
				period
means the period from July 1st to June
				30th of each year. The quarters of the reporting
				period are: 1st quarter: July
				1st to September 30th;
				2nd quarter: October 1st
				to December 31st; 3rd
				quarter: January 1st to March
				31st; and 4th quarter:
				April 1st to June
				30th.
14.
Temporary nurse agency (TNA)
means a business entity or subdivision of a business entity that primarily
				provides nurses, certified nursing assistants and other qualified staff to
				another organization on a temporary basis within this State. A temporary nurse
				agency does not include an agency licensed in this State as a home health care
				services provider.