Current through 2024-51, December 18, 2024
Section 144-111-6 - CRIMINAL BACKGROUND CHECKSA.Criminal background checks.1. A TNA, prior to hiring, employing, or placing an individual in Maine who will work in direct contact with a consumer or who has direct access to a consumer's property, personally identifiable information, financial information or resources, shall obtain a comprehensive background check in accordance with 22 MRS Ch. 1691, Maine Background Check Act.2. The comprehensive background check must be completed through the Maine Background Check Center (MBCC.)3. The TNA must pay for the criminal background check required by this section.4. The TNA must retain the report from the MBCC indicating the employee's eligibility for hire and make this report available to the health care facility or setting upon request.5. A report from the MBCC indicating that a certified nursing assistant (CNA) is eligible for hire satisfies the requirement that the TNA verify that a CNA is listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers established under 22 MRS § 1812-G with no annotations to prohibit the hiring of that individual, in accordance with 22 MRS §2131 (1-A).B.Prohibited employment based on disqualifying offenses. A temporary nurse agency may not hire, employ, or place an individual at a health care facility or setting in Maine who has been determined to have a disqualifying offense under 10-144 CMR Ch. 60, Maine Background Check Center Rule.10-144 C.M.R. ch. 111, § 6