Section 144-129-4 - STAFFINGA.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.10-144 C.M.R. ch. 129, § 4