22 §1812-J. Unlicensed assistive persons
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 4: HOSPITALS AND MEDICAL CARE
Chapter 405: LICENSING OF HOSPITALS AND INSTITUTIONS
§1812-J. Unlicensed assistive persons
1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
A. "Certified nursing assistant" means an individual who has successfully completed an approved nursing assistant training program, holds a certificate of training and meets the eligibility requirements established by the State Board of Nursing for listing on the registry. [2009, c. 215, §2 (NEW).]
B. "Registry" means the Maine Registry of Certified Nursing Assistants, which is a list of certified nursing assistants, with notations if applicable, and a list of unlicensed assistive persons with notations and is established under section 1812-G. [2009, c. 215, §2 (NEW).]
C. "State survey agency" has the same meaning as in section 1812-G, subsection 2, paragraph B. [2009, c. 215, §2 (NEW).]
D. "Unlicensed assistive person" means an individual employed to provide hands-on assistance with activities of daily living to individuals in homes, assisted living programs, residential care facilities, hospitals and other health care settings. "Unlicensed assistive person" does not include a certified nursing assistant employed in the capacity of a certified nursing assistant. [2009, c. 215, §2 (NEW).]
[ 2009, c. 215, §2 (NEW) .]
2. Complaint investigation. The department may investigate complaints of abuse, neglect or misappropriation of property of a client, patient or resident in a home or health care setting against unlicensed assistive persons employed or placed by a licensed, certified or registered agency or facility.
[ 2009, c. 215, §2 (NEW) .]
3. Substantiated complaint; registry listing. When a complaint against an unlicensed assistive person is substantiated by the department and the unlicensed assistive person must be listed on the registry pursuant to subsection 4, the department's decision becomes final agency action as defined in Title 5, section 8002, subsection 4.
[ 2009, c. 215, §2 (NEW) .]
4. Registry listing. The registry listing for an unlicensed assistive person with a notation must include but is not limited to the following information:
A. Documentation of the department's investigation, including the nature of the allegation and the evidence that led the department to substantiate the allegation of abuse, neglect or misappropriation of property; [2009, c. 215, §2 (NEW).]
B. The date of the hearing, if the unlicensed assistive person chose to appeal the department finding that the complaint was substantiated; and [2009, c. 215, §2 (NEW).]
C. The unlicensed assistive person's statement to the department disputing the allegation, if the unlicensed assistive person chose to submit one. [2009, c. 215, §2 (NEW).]
[ 2009, c. 215, §2 (NEW) .]
5. Right to hearing. The department shall notify the unlicensed assistive person of the right to request a hearing to contest the finding that the complaint under subsection 3 was substantiated.
[ 2009, c. 215, §2 (NEW) .]
6. Petition for removal of a finding of neglect. No sooner than 12 months after the date a neglect finding is placed on the registry, an unlicensed assistive person may petition the department to remove a notation from the registry if the substantiated complaint of neglect is a one-time occurrence and there is no pattern of neglect.
[ 2009, c. 215, §2 (NEW) .]
7. Prohibited employment. The following unlicensed assistive persons may not be employed or placed by a licensed, certified or registered agency or facility:
A. An unlicensed assistive person listed on the registry with a notation; [2009, c. 215, §2 (NEW).]
B. An unlicensed assistive person who, while working as a certified nursing assistant, had a notation on the registry for a complaint that was substantiated by the state survey agency for abuse or neglect; or [2009, c. 215, §2 (NEW).]
C. An unlicensed assistive person who, while working as a certified nursing assistant, had a notation on the registry for a complaint that was substantiated by the state survey agency for misappropriation of property in a health care setting. [2009, c. 215, §2 (NEW).]
[ 2009, c. 215, §2 (NEW) .]
8. Rules. The department may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[ 2009, c. 215, §2 (NEW) .]
SECTION HISTORY
2009, c. 215, §2 (NEW).