Sec. 1. 22 MRSA §1811-A is enacted to read:

§1811-A.__Minimum requirements for health care workers

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

A.__"Facility" means any facility that is licensed under this chapter.

B.__"Direct health care worker" means any person who has direct patient access and provides direct patient care.

2.__Requirement.__A facility shall ensure that every direct health care worker is certified as a certified nursing assistant as defined in Title 32, section 2102, subsection 8 within the first 4 months of employment as a direct health care worker.

Sec. 2. 22 MRSA §1812-G, sub-§3, as amended by PL 2001, c. 596, Pt. B, §5 and affected by §25, is further amended to read:

3. Eligibility requirements for listing. 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, including rules regarding temporary listing of nursing assistants who have received training in another jurisdiction and provisional listing for nursing assistants who are provisionally certified under Title 32, section 2202- C. 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 1664 and must recognize work in those facilities for the purpose of qualifying for and continuing listing on the registry. Rules adopted 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 2-A.

Sec. 3. 22 MRSA §2145, sub-§5 is enacted to read:

5.__Standards for direct health care workers.__The standards must require that any individual, other than a consumer- directed personal care assistant, providing direct patient health care for a home health care entity is certified as a certified nursing assistant as defined under Title 32, section 2102, subsection 8 within the first 4 months of employment.