B. Any specific documented findings by the state survey agency of abuse, neglect or misappropriation of property of a resident, client or patient. For purposes of this section, "state survey agency" means the agency specified under 42 United States Code, Sections 1395aa and 1396 responsible for determining whether institutions and agencies meet requirements for participation in the State's Medicare and Medicaid programs.; and

C.__Identifying information, date of birth, social security number, employment history and training history.

2-A.__Definitions.__As used in this section, unless the context otherwise indicates, the following terms have the following meanings.

A. "Certified nursing assistant" means an individual whose duties are assigned by a registered professional nurse and who:

(1)__Has successfully completed a training program or course with a curriculum prescribed by the State Board of Nursing, holds a certificate of training from that program or course and is listed on the registry; or

(2)__Was certified as a certified nursing assistant before September 29, 1987 and is listed on the registry.

B.__"Unlicensed assistive staff person" means a person employed for pay to provide hands-on assistance with activities of daily living to individuals in homes, assisted living centers, residential care facilities, hospitals or other health care settings licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services.__"Unlicensed assistive staff person" does not include a certified nursing assistant employed as a certified nursing assistant or a person providing nursing services in accordance with the practice of religious principles or tenets of a church or denomination that relies upon prayer or spiritual means alone for healing.

3. Eligibility requirements for listing for nursing assistants. The State Board of Nursing shall adopt rules pursuant to the Maine Administrative Procedure Act defining eligibility requirements for listing on the Maine Registry of

Certified Nursing Assistants registry, including rules regarding temporary listing of nursing assistants who have received training in another jurisdiction. The rules must permit nursing assistants to work under the supervision of a registered professional nurse in a facility providing assisted living services as defined in chapter 1665 and must recognize work in those facilities for the purpose of qualifying for and continuing listing on the registry. Rules adopted pursuant to this subsection regarding the work of nursing assistants in facilities providing assisted living services are routine technical rules as defined by Title 5, chapter 375, subchapter II-A.

4. Eligibility for listing in good standing. The department shall verify the credentials and training of all certified nursing assistants. The following requirements apply for listing in good standing on the registry.

A.__For an applicant for listing on the registry or a person listed on the registry who is a certified nursing assistant, the department shall verify the credentials and training, conduct criminal history record checks in accordance with subsection 6 and investigate allegations of abuse, neglect or misappropriation of property in a health care setting.

B. For an applicant for listing on the registry or a person listed on the registry who is an unlicensed assistive staff person:

(1)__Criminal history record checks must be conducted by the department in accordance with subsection 6; and

(2)__Allegations of abuse, neglect or misappropriation of property in a health care setting must be investigated and findings and determinations must be made:

(a)__By the Department of Mental Health, Mental Retardation and Substance Abuse Services if the person is or was working or has applied to work in a setting in which services are funded by that department; and

(b)__By the department if the person is or was working or has applied to work in a setting licensed by or in which services are funded by the department or is or was working or has applied to work in the home of an individual.

C.__The department has access to all records and information relevant to the investigation conducted by an employer or a

client of a person listed or applying for listing or renewal on the registry.

D.__The following persons are ineligible for listing in good standing on the registry:

(1) A person who has a substantiated, documented finding of abuse, neglect or misappropriation of property of a resident, client or patient;

(2)__A person who has been convicted of a crime that involves as a victim of the act a patient, client or resident of a health care entity;

(3)__A person who has been assessed a forfeiture under section 1718 and who has not paid that forfeiture; and

(4)__A person who has been convicted of a crime that involves drug trafficking.

5. Verifying eligibility for employment. A health care institution, hospital, facility or organization employing a certified nursing assistant shall, before hiring a certified nursing assistant, verify with the Maine Registry of Certified Nursing Assistants registry that the certified nursing assistant is listed in good standing on the Maine Registry of Certified Nursing Assistants registry.

Beginning October 1, 2001, a health care institution, hospital, facility or organization employing unlicensed assistive personnel shall, within 120 days of the beginning of employment of an unlicensed assistive staff person, verify with the registry that the person is listed in good standing on the registry.__The department shall develop rules phasing in the registry requirements for the continued employment of unlicensed assistive personnel by a health care institution, hospital, facility or organization for personnel employed by that facility or organization on October 1, 2001.

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

6.__Provisions regarding identification and criminal history record checks.__All applicants for listing or renewal on the registry shall submit to criminal history record check procedures established by the department in accordance with this subsection.

A.__The criminal history record check procedures must include a name-based check, until these procedures are replaced by fingerprint identification checking.

B.__Beginning January 1, 2003, the criminal history record check procedures must include a phased-in schedule for fingerprint identification and checking, including fingerprint identification checks for all persons applying for listing or renewal of listing. By January 1, 2004, fingerprint identification checking must be the only method of conducting a criminal history record check.

7.__Electronic information.__Beginning January 1, 2003, the department shall post on the department's publicly accessible site on the Internet information regarding the registry and a listing of persons who are in good standing on the registry.

8.__Outdated entries.__In accordance with the requirements of federal law and regulations, the department shall adopt rules to remove from the registry outdated entries regarding certified nursing assistants and unlicensed assistive personnel.

9.__Rulemaking.__The department and the Department of Mental Health, Mental Retardation and Substance Abuse Services shall adopt rules and standards for the operation of the registry.__ Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter II-A.

Sec. 3. 32 MRSA §2102, sub-§9, as enacted by PL 1991, c. 421, §3, is amended to read:

9. Maine Registry of Certified Nursing Assistants and Unlicensed Assistive Personnel. "Maine Registry of Certified Nursing Assistants and Unlicensed Assistive Personnel" has the same meaning as in Title 22, section 1812-F 1812-G.

Sec. 4. Report. By January 1, 2002, the Commissioner of Human Services shall report to the Joint Standing Committee on Health and Human Services on the status of the Maine Registry of Certified Nursing Assistants and Unlicensed Assistive Personnel as established in the Maine Revised Statutes, Title 22, section 1812-G, including the status of the department's publicly accessible site on the Internet for the registry planning and development. The report must include a proposal for adopting fingerprint identification criminal history record checks to be phased in beginning January 1, 2002. Fingerprint identification will be the only method of conducting criminal history record checks no later than January 1, 2003.

SUMMARY

This bill adds unlicensed assistive personnel to the Maine Registry of Certified Nursing Assistants and renames the registry accordingly. Beginning October 1, 2001, the bill requires unlicensed assistive personnel to be registered within 120 days of being employed in a health care setting and declares a violation of this provision to be a civil violation for which a forfeiture of $100 may be assessed. The bill provides for name- based criminal background checks beginning October 1, 2001 for new employees who are unlicensed assistive personnel until January 1, 2003, when the system will change to fingerprint-based checks for unlicensed assistive personnel and certified nursing assistants.