Section 144-113-I-8 - Scope of Licenses8.1 Licensing of facilities with 2 or fewer residents. Licensing of Level I facilities for 1-2 beds is optional under state law. This means that facilities may have two residents without a license. A Level I facility with one or two residents may voluntarily apply for and receive a license under these regulations if it meets all applicable regulations.8.2 Facilities licensed as children's homes. The Department may exempt a licensed children's home from requiring a Level I license once a resident reaches the age of eighteen (18) if the resident has not completed his/her prescribed program of treatment, care or education, or discharge from the facility will occur within nine (9) months of the date the resident turned eighteen (18). If the facility's purpose is to treat or care for children, and the above requirements are met, the Department may grant a written exemption from licensure in order for the adult resident's income to be supplemented.8.3 Dual licensure. No facility shall be granted a Level I license, and any previously granted Level I license may be subject to revocation, if another license or approval is in effect or granted, unless the Department has determined that dual licensure will not have an adverse impact on the residents.8.4 Maximum number of adult residents. The maximum number of beds for which a facility may be licensed will be determined by the Department, according to the regulations set forth herein. Respite care may only be provided in licensed beds.8.5 Physical plant changes. No alterations in the size or arrangement of the physical plant, location of resident rooms, change in the heating system, water supply system, sewage disposal system, utilities or similar systems shall be made without the prior written approval of the Department in accordance with these regulations.8.6 Residents under the age of 18. A person who is seventeen (17) years of age may be a resident of a Level I facility without the home being required to be licensed as a children's home, if the Department determines in writing prior to placement that such a placement is in the best interest of that person. The general physical and mental health of all residents of the facility shall be considered in this decision.Verification of Credentials
8.7 Licensed Staff. Prior to employing licensed staff, the facility must verify that the person has a valid and current license.8.8 Employing CNA's and CNA-M's. Prior to employing a CNA or CNA-M (in the capacity of a CNA or CNA-M), the facility must contact the CNA Registry and determine that the CNA or CNA-M is on the Registry and has not been annotated. If the CNA or CNA-M is not on the Registry, or if the CNA or CNA-M has been annotated for abuse, neglect or misappropriation of patient/client/resident funds in a health care setting, or the CNA or CNA-M has been the subject of a substantiated complaint involving abuse, neglect or misappropriation of patient/client/resident funds in a health care setting by the Department, the individual cannot be employed to function as a CNA or CNA-M.8.9 Prohibited Employment. The facility may not hire as unlicensed assistive personnel as defined in section 2.60 an individual who is prohibited from employment as a certified nursing assistant as outlined below:8.9.1 An individual may not be employed in a hospital, nursing facility, home health agency or assisted housing program as a certified nursing assistant if that individual has been convicted in a court of law of a crime involving abuse, neglect or misappropriation of property in a health care setting; and8.9.2 An individual may not be employed in a hospital, nursing facility, home health agency or assisted housing program as a certified nursing assistant if that individual: 8.9.2.1 Has been the subject of a complaint involving abuse or neglect that was substantiated by the department pursuant to its responsibility to license hospitals, nursing facilities, home health agencies and assisted housing programs and that was entered on the Maine Registry of Certified Nursing Assistants; or8.9.2.2 Has been the subject of a complaint involving the misappropriation of property in a health care setting that was substantiated by the department and entered on the Maine Registry or Certified Nursing Assistants.8.10 Time Limit on Consideration of Prior Criminal Conviction: Except as otherwise provided in this section, an individual may not be employed in a hospital, nursing facility, home health agency or assisted housing program as a certified nursing assistant if that individual has a prior criminal conviction within the last 10 years of: 8.10.1 A crime for which incarceration of 3 years or more may be imposed under the laws of the state in which the conviction occurred;8.10.2 A crime for which incarceration of less than 3 years may be imposed under the laws of the state in which the conviction occurred involving sexual misconduct or involving abuse, neglect or exploitation in a setting other than a health care setting.8.11 Exception: The restrictions on employment under sections 8.3.1 and 8.3.2 do not apply to an individual listed and active on the Maine Registry of Certified Nursing Assistants prior to the effective date of Title 22 M.R.S.A. §1812-G(8) as long as the individual meets other state and federal requirements for certified nursing assistants and continues to maintain an active status by timely re-registration as required by the rules.8.12 Notification: A nursing assistant training program must notify applicants to that program of the restrictions under 8.3.1 and 8.3.2 prior to the acceptance of any applicant.10-144 C.M.R. ch. 113, § I-8