Section 144-128-1 - DefinitionsThe following definitions supplement those definitions in the applicable statutes. The definitions in the applicable statutes are not repeated in this rule.
1.Abuse means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions.2.Annotation or annotated means the notation on the Registry of a Certified Nursing Assistant (C.N.A.) or Direct Care Worker (D.C.W.), due to a specific criminal conviction, a substantiated finding of abuse or neglect of a patient, client or resident, or a substantiated finding of misappropriation of a patient's, client's or resident's property, in accordance with 22 MRS §1812-G(2-C).3.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.4.Department means the Maine Department of Health and Human Services.5.Direct care worker means an individual who, by virtue of employment, generally provides to individuals direct contact assistance with personal care or activities of daily living or has direct access to provide care and services to clients, patients or residents regardless of setting. Direct care workers does not include a certified nursing assistant employed in that person's capacity as a certified nursing assistant. A listing of D.C.W.s can be found at 22 MRS §1812-G ().6.Disqualifying Offense means a substantiation for abuse, neglect or exploitation, or a criminal conviction identified in rules adopted by the Department that prohibits employment as a certified nursing assistant or a direct care worker in accordance with 22 MRS §1812-G(2-C).7.Misappropriation of Property means the deliberate misplacement, exploitation or wrongful, temporary or permanent use of a client's, patient's or resident's belongings or money without that person's consent.8.Neglect means a threat to a person's health or welfare by failure to provide goods or services necessary to avoid physical or mental injury or impairment or the threat of injury or impairment.9.Nondisqualifying criminal conviction means a criminal conviction that is included as an annotation on the registry, but does not prohibit employment as a certified nursing assistant or a direct care worker.10.Non-traditional Certified Nursing Assistant (C.N.A.) means:* AC.N.A. trained in Maine who has not worked as a C.N.A. for at least the preceding 24 months; or
* An individual trained as a C.N.A., or its equivalent, while serving in the United States Armed Services who meets the requirements set out in this rule.
11.Registry means the Maine Registry of Certified Nursing Assistants and Direct Care Workers, which lists C.N.A.s who are qualified to work in Maine, and includes any C.N.A.s who are annotated and disqualified from employment as a C.N.A. The Registry also lists any D.C.W.s, who are annotated and not eligible for employment due to a prior disqualifying offense. 12.Substantiated finding means an administrative determination made by the department after investigation of a complaint against a certified nursing assistant or a direct care worker of abuse, neglect or misappropriation of property of a client, patient or resident.13.Training and competency evaluation program means an approved program that a C.N.A. must successfully complete before the C.N.A. qualifies to apply for listing on the Registry. Maine training and competency evaluation programs must comply with the Omnibus Budget Reconciliation Act of 1987 (OBRA 87).14.Unsubstantiated finding means an administrative determination made by the department after investigation of a complaint against a certified nursing assistant or a direct care worker that no evidence of abuse, neglect or misappropriation of property of a client, patient or resident was found to support a substantiated finding.10- 144 C.M.R. ch. 128, § 1