Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 111 - TEMPORARY NURSE AGENCY LICENSING RULE
Section 144-111-2 - DEFINITIONS

1. Certified Nursing Assistant (CNA) 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.

2. Department means the Maine Department of Health and Human Services, Division of Licensing and Certification or its successor agency.

3. Direct access means access to the property, personally identifiable information, financial information, or resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other protected individual served by a nurse, certified nursing assistant, or other qualified staff placed by a TNA.

4. Health care facility means a public or private, proprietary or not-for-profit entity or institution providing health services, including, but not limited to a nursing facility; a residential care facility; a continuing care retirement community; an assisted housing facility; a hospital; a community mental health facility; a scene response air ambulance; a facility of a hospice program; or a community health center.

5. Health care setting means a provider that offers health care services to patients in the state of Maine, including but not limited to home health care agencies, physician's offices, vaccination clinics, or other sites where staff employed by a TNA are placed.

6. Hire, employ, or place means to recruit, select, train, declare competent, schedule, direct, define the scope of the position of, or supervise an individual who provides temporary care.

7. Maine Background Check Center (MBCC) means the entity that operates the Internet-based system established and maintained by the Department in accordance with 22 MRS §9054, used by employers to request background checks on potential or current direct access workers to determine the eligibility of individuals to work in direct access positions with vulnerable Mainers including children, elderly persons, dependent adults and persons with disabilities.

8. Maine Registry of Certified Nursing Assistants and Direct Care Workers Registry means the registry which lists CNAs who are qualified to work in Maine and includes any CNAs who are annotated and disqualified from employment as a CNA. The Registry also lists any Direct Care Workers who are annotated and not eligible for employment due to a prior disqualifying offense.

9. Nurse means an individual engaged in the practice of nursing as set forth in 32 M.R.S. § 2102, including professional nursing, advanced practice registered nursing, and practical nursing.

10. Other qualified staff means any other type of health care staff that require certification or licensure to provide services in Maine, including but not limited to Physical Therapists, Occupational Therapists, Speech Language Pathologists/ Speech Therapists, Certified Residential Medication Assistants, and Personal Support Specialists. Other qualified staff does not include physicians.

11. Person in charge means an individual designated by the TNA as the person who is responsible for the day-to-day operations of the TNA and would be the contact person for the Department.

12. Repeat Deficiency means violating the same rule more than once in a two-year period.

13. Reporting period means the period from July 1st to June 30th of each year. The quarters of the reporting period are: 1st quarter: July 1st to September 30th; 2nd quarter: October 1st to December 31st; 3rd quarter: January 1st to March 31st; and 4th quarter: April 1st to June 30th.

14. Temporary nurse agency (TNA) means a business entity or subdivision of a business entity that primarily provides nurses, certified nursing assistants and other qualified staff to another organization on a temporary basis within this State. A temporary nurse agency does not include an agency licensed in this State as a home health care services provider.