Sec. 1. 22 MRSA §1718 is enacted to read:

§1718.__Employment as unlicensed assistive staff person

Beginning October 1, 2001, a person may not be employed for pay as an unlicensed assistive staff person, as defined in section 1812-G, subsection 2-A, paragraph B, in a home, assisted living center, residential care facility, hospital or other health care setting licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services who is not listed in good standing on the Maine Registry of Certified Nursing Assistants and Unlicensed Assistive Personnel.__This section does not prohibit from employment an unlicensed assistive staff person for whom a criminal history record check has been requested within 120 days of the beginning of employment.__This provision does not apply to the continued employment by a nursing facility, residential care facility, assisted living center, hospital or home care agency of a person already employed by that facility or agency on October 1, 2001.__A person who violates the provisions of this section commits a civil violation for which a forfeiture of $100 may be assessed.

The requirements of this section do not apply to a person employing an individual through a consumer-directed personal care assistance program.

Sec. 2. 22 MRSA §1812-G, as amended by PL 1997, c. 465, §§1 and 2, is further amended to read:

§1812-G. Maine Registry of Certified Nursing Assistants

and Unlicensed Assistive Personnel

1. Established. The Maine Registry of Certified Nursing Assistants and Unlicensed Assistive Personnel, referred to in this section as the "registry," is established in compliance with federal and state requirements. The Department of Human Services shall maintain the registry.

2. Contents. The Maine Registry of Certified Nursing Assistants registry must contain a listing of nursing assistants who have successfully completed a nursing assistant training program, hold a certificate of training and meet the eligibility requirements established by the State Board of Nursing, and unlicensed assistive personnel. The listing must include, for any nursing assistant or unlicensed assistive personnel listed, a notation of: