| An Act To Improve Quality and Safety in Long-term Care |
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| Be it enacted by the People of the State of Maine as follows: |
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| | Sec. 1. 22 MRSA §1717, sub-§3, as enacted by PL 1997, c. 716, §1, is | repealed and the following enacted in its place: |
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| | 3.__Prohibited employment.__A personal care agency shall | obtain criminal history record information about applicants for | positions as unlicensed assistive personnel and may not hire an | individual who: |
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| A.__Has worked as a certified nursing assistant and has been | the subject of a notation by the state survey agency for a | substantiated complaint of abuse, neglect or | misappropriation of property in a health care setting that | was entered on the Maine Registry of Certified Nursing | Assistants; |
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| B.__Has been convicted in a court of law of a crime | involving abuse, neglect or misappropriation of property in | a health care setting; or |
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| C.__Has a prior criminal conviction within the last 10 years | of: |
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| (1)__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 |
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