Sec. 1. 22 MRSA §1812-G, sub-§§4 and 5, as enacted by PL 1997, c. 465, §2, are repealed.

Sec. 2. 22 MRSA §1812-G, sub-§§6 to 9 are enacted to read:

6.__Verification.__The department shall verify the credentials and training of all certified nursing assistants, and a health care institution, facility or organization employing a certified nursing assistant shall, before hiring a certified nursing assistant, verify with the Maine Registry of Certified Nursing Assistants that the certified nursing assistant is listed on the Maine Registry of Certified Nursing Assistants.

7.__Employment restrictions.__Except as otherwise provided in this section:

A.__An individual may not be employed in a health care entity as a certified nursing assistant if that individual:

(1)__Has been convicted by a court of law of a crime involving abuse or neglect; or

(2)__Has been convicted by a court of law of a crime involving misappropriation of funds of a health care entity;

B.__An individual may not be employed in a health care entity as a certified nursing assistant if that individual:

(1)__Has had a complaint involving abuse or neglect that was substantiated by the department and entered on the Maine Registry of Certified Nursing Assistants; or

(2)__Has had a complaint involving the misappropriation of funds of a health care entity that was substantiated by the department and entered on the Maine Registry of Certified Nursing Assistants; or

C.__An individual may not be employed in a health care entity as a certified nursing assistant if that individual has a prior criminal conviction within the last 10 years of:

(1)__A crime for which incarceration of 3 years or more may be imposed;

(2)__A crime involving sexual misconduct for which incarceration of less than 3 years may be imposed; or