Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 128 - RULES GOVERNING THE MAINE REGISTRY OF CERTIFIED NURSING ASSISTANTS
Section 144-128-3 - Work Disqualifications and Annotations

Universal Citation: 10 ME Code Rules ยง 144-128-3

Current through 2024-38, September 18, 2024

A. Disqualifying criminal offenses-A Table of Crimes. The Department incorporates the Table of Disqualifying Crimes from the Maine Background Check Center Rule, 10-144 CMR Ch. 60, Section 3 into this rule. That Table lists the length of time that an individual is prohibited from employment as a C.N.A. or D.C.W. All crimes listed in the Table are disqualifying offenses. Convictions for comparable convictions in other jurisdictions will be treated identically.

B. Other disqualifying offenses. Lists prohibiting employment:

1. National Sex Offender Public Website;

2. Maine Sex Offender Registry;

3. Federal Office of the Inspector General exclusion list;

4. MaineCare exclusion list; or

5. The exclusion list of any other applicable registries.

C. Substantiated Finding; lifetime employment ban; Exception to Lifetime Employment Ban

1. A C.N.A. or a registered D.C.W. with an annotation of a substantiated finding on the applicable registry is banned for life from employment as either a C.N.A. or a D.C.W., except as provided below.

2. C.N.A.s may petition for removal of an annotation of a substantiated finding as set forth in Section 4 of this rule.

D. Prohibited Employment Based on Disqualifying Offenses. An individual with a disqualifying offense, including a substantiated complaint or a disqualifying criminal conviction, may not work as a certified nursing assistant or a direct care worker, and an employer is subject to penalties for employing a disqualified or otherwise ineligible person in accordance with applicable federal or state laws.

E. Nondisqualifying criminal convictions. A criminal conviction not listed in 10-144 CMR Chapter 60, Maine Background Check Center Rule does not disqualify an individual from employment. Convictions for Class D and E offenses more than 10 years old do not have to be annotated, and are not disqualifying offenses.

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