§2131. Temporary nurse agencies
1. Registration; renewal. A temporary nurse agency shall register with the department and renew the registration as required by rule thereafter. For purposes of this chapter, unless the context otherwise indicates, "temporary nurse agency" means a business entity or subdivision thereof that provides nurses to another organization on a temporary basis within this State.
[PL 2009, c. 621, §2 (AMD).]
1-A. Verifying certified nursing assistant eligibility. A health care institution, facility or organization, including a temporary nurse agency employing a certified nursing assistant, shall, before hiring a certified nursing assistant, verify that the certified nursing assistant is listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers established under section 1812-G with no annotations to prohibit the hiring of that individual according to state and federal regulations.
[PL 2011, c. 257, §14 (AMD).]
2. Exception. Entities which are licensed as home health agencies under chapter 419 and temporary nurses not affiliated with an agency are exempt from the registration requirements of this chapter.
[PL 1989, c. 579, §4 (NEW).]
3. Fee. The initial and annual fee for registration is $25.
The department may adopt rules necessary to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2009, c. 590, §3 (AMD).]
4. Penalty. The following penalties apply to violations of this chapter.
A. A person who operates a temporary nurse agency without registering or who fails to verify the inclusion of a certified nursing assistant on the Maine Registry of Certified Nursing Assistants and Direct Care Workers established under section 1812-G before hiring that certified nursing assistant pursuant to subsection 1-A commits a civil violation for which a fine of not less than $500 per day but not more than $10,000 per day may be adjudged. Each day constitutes a separate violation. [PL 2011, c. 257, §15 (AMD).]
B. A person who operates a temporary nurse agency in violation of the employment prohibitions in section 2138 commits a civil violation for which a fine of not less than $500 per day but not more than $10,000 per day may be adjudged. Each day constitutes a separate violation. [PL 2009, c. 621, §3 (NEW).]
[PL 2011, c. 257, §15 (AMD).]
5. Rules. The department may adopt rules necessary to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2-A.
[PL 2009, c. 621, §4 (NEW).]
SECTION HISTORY
PL 1989, c. 579, §4 (NEW). PL 2001, c. 494, §§1,2 (AMD). PL 2009, c. 590, §3 (AMD). PL 2009, c. 621, §§2-4 (AMD). PL 2011, c. 257, §§14, 15 (AMD).
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