§ 22 §1812-G — Maine Registry of Certified Nursing Assistants and Direct Care Workers

1.
Established.
The Maine Registry of Certified Nursing Assistants and Direct Care Workers is established in compliance with federal and state requirements. The Department of Health and Human Services shall maintain the registry and make it accessible through a public website portal.
1-A.
Definitions.
1-B.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Contents.
2-A.
Registry listing.
All active certified nursing assistants employed in the State must be listed on the registry. The registry must contain a listing of certified nursing assistants, direct care workers and immediate supervisors that are ineligible for employment based on notations for disqualifying offenses. Direct care workers who may be listed on the registry include but are not limited to the following:
2-B.
Individual information.
The registry must include information for each listed certified nursing assistant, direct care worker and immediate supervisor as required by rules adopted by the department pursuant to subsection 18.
2-C.
Registry notations.
The registry must include for a certified nursing assistant, a direct care worker and an immediate supervisor listed on the registry a notation of:
3.
Eligibility requirements for listing; certified nursing assistant.
The State Board of Nursing shall adopt rules pursuant to the Maine Administrative Procedure Act defining eligibility requirements for listing on the registry as a certified nursing assistant, including rules regarding temporary listing of nursing assistants who have received training in another jurisdiction. The rules must permit certified nursing assistants to work under the supervision of a registered professional nurse in a facility providing assisted housing 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. Rules adopted regarding the work of certified nursing assistants in facilities providing assisted housing services are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A.
3-A.
Listing on the registry; direct care worker.
The department shall adopt routine technical rules regarding listing direct care workers on the registry, including but not limited to the following:
3-B.
Petition for removal of a substantiated finding of neglect or misappropriation of property.
No sooner than 12 months after the date a substantiated finding of neglect or misappropriation of property is placed on the registry, a direct care worker may petition the department to remove the notation from the registry if the substantiated finding is a one-time occurrence and there is no pattern of neglect or misappropriation of property.
4.
Department verification of credentials and training.
The department may verify the credentials and training of certified nursing assistants listed on the registry.
4-A.
Provider verification fee.
The department may establish a provider verification fee not to exceed $25 annually per provider for verification of a certified nursing assistant's credentials and training. Providers may not pass the cost on to the individual certified nursing assistant. Provider verification fees collected by the department must be placed in a special revenue account to be used by the department to operate the registry, including but not limited to the cost of criminal history record checks. The department may adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.
5.
Employment eligibility verification; certified nursing assistant.
An employer, including a health care institution, facility or other organization that employs an individual as a certified nursing assistant, shall verify that the certified nursing assistant is listed as active and has no disqualifying notations on the registry.
5-A.
Employment eligibility verification; direct access worker.
An employer, including a health care institution, facility or other organization that employs an individual as a direct access worker, shall verify that the direct access worker has no disqualifying offenses.
6.
Prohibited employment based on disqualifying offenses.
An individual with a disqualifying offense, including a substantiated finding or a disqualifying criminal conviction, may not work as a certified nursing assistant, a direct care worker or an immediate supervisor, and an employer is subject to penalties for employing a disqualified or otherwise ineligible person in accordance with applicable federal or state laws.
6-A.
Background check.
Certified nursing assistants, direct care workers and immediate supervisors are subject to a background check as defined by rules adopted by the department and according to the following:
6-B.
Convictions within previous 10 years; impact on employment eligibility.
6-C.
Table of crimes.
Department rules must include a table of crimes. Specific crimes listed on the table must be considered substantive offenses under Title 17‑A, Part 2 or crimes identified in federal or state law that prohibit employment of an individual subject to this chapter. Convictions of specific crimes must be categorized in the table of crimes as disqualifying criminal convictions or nondisqualifying criminal convictions. Convictions in other jurisdictions for similar crimes must be identified as disqualifying or nondisqualifying convictions.
6-D.
Petition for removal of an employment ban; criminal conviction.
7.
Time limit on consideration of prior criminal conviction.
8.
Exception; certified nursing assistant convictions prior to June 2, 2003.
9.
Notification.
10.
Complaint investigation.
The department may investigate complaints and allegations against certified nursing assistants, direct care workers or immediate supervisors of abuse, neglect, exploitation or misappropriation of property of a client, patient or resident.
11.
Issue a decision.
After an investigation under subsection 10, the department shall issue a written decision that the allegation of abuse, neglect or misappropriation of property of a client, patient or resident is unsubstantiated or substantiated. Each allegation of abuse, neglect or misappropriation of property must be considered separately. A substantiated finding must be based on factors established by department rules. The written decision must include at least the following information:
12.
Right to hearing; appeal.
In accordance with department rules, a certified nursing assistant, a registered direct care worker or an immediate supervisor may request an administrative hearing to appeal a substantiated finding under subsection 11.
13.
Substantiated finding; lifetime employment ban.
A certified nursing assistant, a registered direct care worker or an immediate supervisor with a notation of a substantiated finding on the registry is banned for life from employment as a certified nursing assistant, a direct care worker or an immediate supervisor.
14.
Registration requirements; direct care workers.
15.
Department review of application; decision.
16.
Renewal of registration.
17.
Failure to renew registration prior to expiration.
18.
Rules.
The department shall adopt rules necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A.

Legislative History

RR 1991, c. 2, §76 (RNU). PL 1991, c. 421, §1 (NEW). PL 1993, c. 247, §1 (AMD). PL 1995, c. 670, §B2 (AMD). PL 1995, c. 670, §D5 (AFF). PL 1997, c. 465, §§1,2 (AMD). PL 2001, c. 596, §B5 (AMD). PL 2001, c. 596, §B25 (AFF). PL 2003, c. 376, §§1,2 (AMD). PL 2003, c. 599, §4 (AMD). PL 2003, c. 599, §5 (AFF). PL 2003, c. 634, §3 (AMD). PL 2003, c. 689, §B6 (REV). PL 2009, c. 215, §1 (AMD). PL 2009, c. 590, §2 (AMD). PL 2011, c. 257, §2 (AMD). PL 2015, c. 196, §9 (AMD). PL 2015, c. 299, §§9, 10 (AMD). PL 2015, c. 494, Pt. A, §§16-18 (AMD). PL 2023, c. 241, §§1-26 (AMD). PL 2023, c. 309, §§21-34 (AMD). PL 2025, c. 305, Pt. C, §§1-12 (AMD).