Current through 2024-51, December 18, 2024
Section 144-128-3 - Work Disqualifications and AnnotationsA.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; or5. The exclusion list of any other applicable registries.C.Substantiated Finding; lifetime employment ban; Exception to Lifetime Employment Ban1. 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.10- 144 C.M.R. ch. 128, § 3