Whereas, there are certain errors and inconsistencies in Public Law 2003, chapter 510 that need immediate correction; and

Whereas, in the judgment of the Legislature, these facts create an emergency within the meaning of the Constitution of Maine and require the following legislation as immediately necessary for the preservation of the public peace, health and safety; now, therefore,

Be it enacted by the People of the State of Maine as follows:

Sec. 1. 5 MRSA §191, sub-§4, ķA, as enacted by PL 2003, c. 510, Pt. B, §2 and affected by §3, is repealed.

Sec. 2. Retroactivity. That section of this Act that repeals the Maine Revised Statutes, Title 5, section 191, subsection 4, paragraph A applies retroactively to July 1, 2003.

Sec. 3. 22 MRSA §253, sub-§3, as repealed by PL 2003, c. 469, Pt. B, §3 and amended by c. 510, Pt. A, §14, is repealed.

Sec. 4. 22 MRSA §1812-G, sub-§7, as enacted by PL 2003, c. 376, §2, is amended to read:

7. Time limit on consideration of prior criminal conviction. Except as otherwise provided in this section, an individual may not be employed in a hospital, nursing facility, home health agency or assisted housing program as a certified nursing assistant if that individual has a prior criminal conviction within the last 10 years of:

A. A crime for which incarceration of 3 years or more may be imposed under the laws of the state in which the conviction occurred; or

B. A crime for which incarceration of less than 3 years may be imposed under the laws of the state in which the conviction occurred involving sexual misconduct or involving abuse, neglect or exploitation in a setting other than a health care setting.

Sec. 5. Retroactivity. That section of this Act that amends the Maine Revised Statutes, Title 22, section 1812-G, subsection 7 applies retroactively to June 2, 2003.