Sec. 1. 22 MRSA §1812-G, sub-§2-A is enacted to read:

2-A.__Due process; rules.__The department shall adopt rules providing certain due process rights to a certified nursing assistant who is confronted with specific documented findings of abuse, neglect or misrepresentation as provided in subsection 2, paragraph B.__These rules must:

A.__Clarify the definition of abuse;

B.__Require that a finding of noncriminal abuse be proved by clear and convincing evidence;

C.__Provide the certified nursing assistant with the right to representation during any employer or outside agency investigation or hearing under this section;

D.__Require an employer or agency to inform a certified nursing assistant of a right to representation before the start of any questioning relating to an investigation or in any hearing under this section;

E.__Establish a right to independent binding arbitration for a certified nursing assistant charged under this section; and

F.__Establish a certified nursing assistant's right to discover specific charges, documents and witnesses relating to a proceeding under this section.

Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

SUMMARY

This bill requires the Department of Human Services to adopt rules providing certain due process rights to a certified nursing assistant who is confronted with specific documented findings of abuse, neglect or misappropriation of property under the Maine Revised Statutes, Title 22, section 1812-G. The Department of Human Services is required to:

1. Clarify the definition of abuse;

2. Prove noncriminal abuse by clear and convincing evidence;

3. Provide a right to representation;