1.Registration; renewal.
A temporary nurse agency shall register with the department and renew the registration annually. In the event of a change of ownership, operation or location of the temporary nurse agency, the temporary nurse agency shall update the registration in accordance with rules adopted by the department. For purposes of this chapter, unless the context otherwise indicates, "temporary nurse agency" means a business entity or subdivision of a business entity that primarily provides or procures nurses, certified nursing assistants and other qualified staff to another organization on a temporary basis within this State. "Temporary nurse agency" includes an online platform or marketplace that advertises for and assists or facilitates placement of temporary nurses, certified nu
Free access — add to your briefcase to read the full text and ask questions with AI
1.
Registration; renewal.
A temporary nurse agency shall register with the department and renew the registration annually. In the event of a change of ownership, operation or location of the temporary nurse agency, the temporary nurse agency shall update the registration in accordance with rules adopted by the department. For purposes of this chapter, unless the context otherwise indicates, "temporary nurse agency" means a business entity or subdivision of a business entity that primarily provides or procures nurses, certified nursing assistants and other qualified staff to another organization on a temporary basis within this State. "Temporary nurse agency" includes an online platform or marketplace that advertises for and assists or facilitates placement of temporary nurses, certified nursing assistants or other qualified staffing in an organization within the State. "Temporary nurse agency" does not include an agency licensed in this State as a home health care services provider.
1-A.
Verifying certified nursing assistant eligibility.
A health care institution, facility or organization, including a temporary nurse agency employing a certified nursing assistant, shall, before hiring a certified nursing assistant, verify that the certified nursing assistant is listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers established under section 1812‑G with no annotations to prohibit the hiring of that individual according to state and federal regulations.
1-B.
Employee quality assurance.
A temporary nurse agency shall ensure that each employee the agency assigns or refers to a health care facility for a position meets the state and federal qualification requirements for that position and has the appropriate work experience for that position. A temporary nurse agency shall use the Background Check Center, established in section 9052, for direct access workers, as defined in section 9053, subsection 14. A temporary nurse agency shall maintain a record for each employee that must include documented evidence of credentials and required immunizations and documentation of any orientation, in-service education and completion of training or an educational program required by law. On request, a temporary nurse agency shall make available a record described in this subsection to the department. On request by a health care facility and with justification according to rules adopted by the department, a temporary nurse agency shall provide a record described in this subsection for an employee of that health care facility to that health care facility.
1-C.
Predatory recruitment prohibited.
A temporary nurse agency may not require, as a condition of employment, assignment or referral, that an employee of the temporary nurse agency or staff contracted to the temporary nurse agency recruit new employees for the temporary nurse agency from among the permanent employees of the health care facility to which the temporary nurse agency employees or contracted staff have been assigned or referred.
1-D.
Annual reporting.
A temporary nurse agency shall provide an annual report to the department that includes:
2.
Exception.
3.
Fee.
The initial and annual fee for registration is $1,000.
4.
Penalty.
The following penalties apply to violations of this chapter.
4-A.
Unfair trade practice.
A person or business entity that operates a temporary nurse agency and fails to meet the requirements of this section violates the Maine Unfair Trade Practices Act.
5.
Rules.
The department may 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.