Maine Revised Statutes Title 22 Sec. 9059 – Prohibitions
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1. Prohibited employment. An employer is subject to the penalties imposed by this chapter for hiring, placing or continuing to employ, other than conditionally as described in this chapter or by rule, an unsupervised direct access worker who has a known disqualifying offense or who has not been subject to a background check and issued a nondisqualifying report from the Background Check Center or who has not been granted a waiver as described in this chapter.
[PL 2015, c. 299, §25 (NEW).]
Terms Used In Maine Revised Statutes Title 22 Sec. 9059
- Background check: means the collection of personally identifiable information, data and biometric identifiers for comparison with criminal record repositories and registry databases that are relevant to an individual's identity and background, including monitoring for future offenses through a rap back monitoring program. See Maine Revised Statutes Title 22 Sec. 9053
- Background Check Center: means the entity established under section 9052 to operate the Internet-based system maintained by the department pursuant to section 9054 that is designed to integrate and analyze data streams from various sources and is used by providers when conducting background checks on potential or current direct access workers. See Maine Revised Statutes Title 22 Sec. 9053
- Background check report: means a comprehensive report generated by the Background Check Center based on a search and analysis of data stored in federal and state criminal record repositories, registry databases or agencies, including, but not limited to, the Federal Bureau of Investigation; the Department of Public Safety, State Bureau of Identification; abuse and neglect, sex offender and employment-related registries; professional licensing authorities; and Medicare and Medicaid exclusion databases. See Maine Revised Statutes Title 22 Sec. 9053
- Direct access: means access to the property, personally identifiable information, financial information and resources of an individual or physical access to an individual who is a Medicare or Medicaid beneficiary or other protected individual served by a provider subject to this chapter. See Maine Revised Statutes Title 22 Sec. 9053
- Direct access worker: includes but is not limited to the following individuals:
A. See Maine Revised Statutes Title 22 Sec. 9053Disqualifying offense: means an event in a person's background that has resulted in a database or registry notation or criminal record report that is relevant to the health and safety of protected individuals and that is included on the list of disqualifying offenses adopted in rules pursuant to this chapter that mandate a prohibition or exclusion from direct access employment. See Maine Revised Statutes Title 22 Sec. 9053 Employer: includes a provider, a temporary nurse agency and a personal care agency. See Maine Revised Statutes Title 22 Sec. 9053 employment: means any activity involving direct access services including employment for wages, contracting for temporary staff or use of unsupervised volunteers or students who perform functions similar to those performed by direct access workers. See Maine Revised Statutes Title 22 Sec. 9053 Waiver: means an exemption granted by the department to a specific individual who is banned from employment as a direct access worker for a disqualifying offense. See Maine Revised Statutes Title 22 Sec. 9053
2. Refusal to participate; employer. The Background Check Center shall issue a disqualifying background check report for individuals who refuse to participate in the background check reporting process as described in this chapter, and the employer is subject to the penalties imposed by this chapter for allowing the individual to commence or continue direct access employment.
[PL 2015, c. 299, §25 (NEW).]
3. Good cause termination. A disqualifying offense that appears in the record of an individual submitted for a background check or a disqualifying offense that was not reported in an earlier background check report or an offense that an individual concealed from the employer or a failure to obtain or maintain a waiver constitutes good cause for termination of the individual’s direct access employment.
[PL 2015, c. 299, §25 (NEW).]
4. Refusal to participate; employee. An employee’s refusal to participate in the background check reporting process under this chapter constitutes good cause for termination of direct access employment.
[PL 2015, c. 299, §25 (NEW).]
SECTION HISTORY
PL 2015, c. 299, §25 (NEW).