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132nd MAINE LEGISLATURE
FIRST SPECIAL SESSION-2025
Legislative Document No. 1442
S.P. 583 In Senate, April 3, 2025
Resolve, Regarding Personal Care Agency Licensing Rules
Reference to the Committee on Health and Human Services suggested and ordered printed.
DAREK M. GRANT
Secretary of the Senate
Presented by Senator BALDACCI of Penobscot.
Cosponsored by Representatives: GRAHAM of North Yarmouth, HASENFUS of Readfield,
MILLIKEN of Blue Hill, SUPICA of Bangor, TERRY of Gorham.
Page 1 - 132LR2454(01)
1Sec. 1. Department of Health and Human Services to modify personal care
2agency licensing rules. Resolved: That, within 60 days of the effective date of this
3 resolve, the Department of Health and Human Services shall amend its rule Chapter 129:
4 Personal Care Agency Licensing Rule, as follows:
5 1. Remove the requirement that a personal care agency have a physical site in the State,
6 in a nonresidential building that is zoned for business or, if operating out of a private home
7 or residential setting, located in a separate and distinct space;
8 2. Add direct support worker training provided by the department to the list of
9 allowable training qualifications for direct care staff;
10 3. Add the provision of personal care services for a minimum of 5 years and successful
11 completion of an examination demonstrating competency in skills taught in the personal
12 support specialist training, direct support worker training or another department-approved
13 program related to the provision of personal care to the list of allowable qualifications for
14 direct care staff;
15 4. Add enrollment in personal support specialist training, direct support worker training
16 or a department-approved program related to the provision of personal care within the later
17 of 60 calendar days of hire and 60 calendar days after the initial offering of the direct
18 support worker training by the department to the list of allowable qualifications for direct
19 care staff;
20 5. Allow employees to complete training within the later of 9 months of hire and 9
21 months of the initial offering of the direct support worker training by the department;
22 6. Specify that for each employee assigned direct care staff duties on-site supervision
23 is required at least once within the first 30 days following the employee's first day providing
24 personal care and every 90 days for the first year of employment;
25 7. Require that supervisors observe, in a culturally appropriate and trauma-informed
26 manner, an employee's ability to understand and perform service plan tasks;
27 8. Require that only reasonable allegations of misappropriation of client property
28 involving agency staff be reported; and
29 9. Remove the requirement that a client or legal representative sign a service plan
30 update due to a significant change in client function or status and replace it with a
31 requirement that the client be notified within 3 business days of a service plan update but
32 does not need to provide proactive consent for the update.
33SUMMARY
34 This resolve requires the Department of Health and Human Services, within 60 days
35 of the effective date of this resolve, to make changes to its rule Chapter 129: Personal Care
36 Agency Licensing Rule. These changes include removal of the requirement that a personal
37 care agency have a physical site located in the State; additional options for required training
38 of direct care staff; changes to supervision requirements and to reporting requirements; and
39 changes to requirements for clients to sign certain changes to the clients' service plans.
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