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. 11. Study. By March 1, 2005, the Long-term Care Oversight Committee, as established in the Maine Revised Statutes, Title 5, section 12004-I, subsection 47-F, shall report to the joint standing committee of the Legislature having jurisdiction over health and human services matters on the methods of conducting criminal history record checks for direct care workers. The report shall include recommendations for the standardization of requirements regarding criminal history record checks and employment restrictions for certified nursing assistants and unlicensed assistive personnel and strategies for the establishment of a registry for all unlicensed assistive personnel that can be self-supporting and easily accessible to users.