2.__Employment.__A home health care provider shall obtain criminal history record information about applicants for positions as unlicensed assistive personnel as defined in section 1717, subsection 1, paragraph D and may not hire an individual who:

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;

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

C.__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 under the laws of the state in which the conviction occurred; or

(2)__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Sec. 5. 22 MRSA §2150-B, as enacted by PL 1995, c. 620, §3, is repealed.

Sec. 6. 22 MRSA §7851, sub-§4 is enacted to read:

4.__Prohibited employment.__A licensed assisted housing program may not hire as unlicensed assistive personnel as defined

in section 1717, subsection 1, paragraph D an individual who is prohibited from employment as a certified nursing assistant pursuant to section 1812-G, subsection 6 or 7.

Sec. 7. 22 MRSA §7942, sub-§3, as amended by PL 2001, c. 596, Pt. B, §16 and affected by §25, is further amended to read: