Code of Maine Rules
10 - DEPARTMENT OF HEALTH AND HUMAN SERVICES
144 - DEPARTMENT OF HEALTH AND HUMAN SERVICES - GENERAL
Chapter 129 - PERSONAL CARE AGENCY LICENSING RULE
Section 144-129-4 - STAFFING
Universal Citation: 10 ME Code Rules ยง 144-129-4
Current through 2024-38, September 18, 2024
A. QUALIFICATIONS.
1. An agency may not permit an individual to
provide specific direct care duties as outlined in Section 4(A)(2) unless the
individual meets at least one of the following requirements:
a. Is currently listed as an active CNA on
the Maine Registry of Certified Nursing Assistants and Direct Care
Workers.
b. Has successfully
completed Personal Support Specialist training or a Department-approved program
related to the provision of personal care.
c. Has been enrolled in Personal Support
Specialist training or a Department-approved program related to the provision
of personal care within 60 calendar days of hire.
i. The employee must complete the training
within nine months of hire.
ii. If
an individual does not complete the program within nine months of hire, they
will no longer meet the qualifications to provide direct care and may not
provide personal care services until they have completed the
program.
2.
Training as outlined in Section 4(A)(1) is required for any individual
providing direct care involving the maintenance of bodily functions, including,
but not limited to, bed mobility; transfers between surfaces; locomotion;
dressing; eating; toileting; bathing; and personal hygiene assistance. Personal
Support Specialist training is not required when the services provided are
limited to meals, managing money, shopping, light housework, and
communication.
B. ELIGIBILITY FOR EMPLOYMENT.
1.
All employees and the owner(s) and administrators must be eligible for
employment as evidenced by successful completion of a background check
completed by the Maine Background Check Center (MBCC) under 22 MRS Ch. 1691.
The MBCC check fulfills the statutory obligation to check the Maine Registry of
Certified Nursing Assistants and Direct Care Workers for CNA listing and
disqualifying notations.
2. The
agency must determine that each employee has no history of substantiated
incidents of abuse, neglect, or misappropriation of property by either Maine
Adult Protective Services or Maine Child Protective Services.
3. The agency must maintain a file which
contains the result of all background checks. This file must contain the date
each check was conducted and a printout from the databases checked or
documentation from the source that performed the check.
C. STAFFING.
1. If the agency is not able to provide
services on a scheduled day, the client and/or legal representative must be
notified before the scheduled visit and informed of the reason services cannot
be provided as scheduled.
2. A
record must be kept of any date on which the agency was unavailable to provide
scheduled services to a client and the reason why services could not be
provided. This record must be available to representatives of the
Department.
D. SCOPE OF DUTIES. Employees providing direct care to clients may only complete duties which they have been trained to perform through a state-approved Certified Nursing Assistant program or a Department-approved program related to the provision of care, in accordance with Sections 4 (A)(1) and 4(A)(2) above.
Disclaimer: These regulations may not be the most recent version. Maine may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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