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Home care staff requirements in Maine
Maine licenses non-medical personal care agencies under a 2024 rule from the Department of Health and Human Services, and licenses home health care providers separately. All direct care workers must clear a Maine Background Check Center check, which includes fingerprints and a registry check and must be repeated every five years. Hands-on caregivers must be a CNA or complete Personal Support Specialist or other approved training within nine months of hire, and supervisors must observe new caregivers on site every 30 days for the first three months.
Licenses
- The Department of Health and Human Services, Division of Licensing and Certification, licenses personal care agencies, which provide help with daily living activities in clients' homes (10-144 CMR ch. 129, sec. 1).
- The personal care agency rule took effect August 20, 2024 (10-144 CMR ch. 129).
- Home health care providers licensed under 22 MRS ch. 419 are a separate license type and are not covered by the personal care agency rule (10-144 CMR ch. 129, sec. 1).
Background checks
- Home health care providers, hospice providers and personal care agencies must use the Maine Background Check Center for all direct access workers (22 MRS 9054(7)).
- The check is a comprehensive background check that includes a fingerprint-based (biometric) criminal history check (22 MRS 9054(2)).
- Fingerprint-based criminal checks must be repeated every five years from the date of the last check (22 MRS 9054(5)).
- All personal care agency employees, owners and administrators must pass a Maine Background Check Center check, which also covers the Maine Registry of Certified Nursing Assistants and Direct Care Workers (10-144 CMR ch. 129, sec. 4(B)).
- Personal care agencies must confirm each employee has no substantiated abuse, neglect or misappropriation finding from Maine Adult Protective Services or Child Protective Services (10-144 CMR ch. 129, sec. 4(B)).
- Agencies must keep a file showing the date of each check and a printout or source document of the results (10-144 CMR ch. 129, sec. 4(B)).
Training and competency
- Staff giving hands-on personal care must be an active CNA on the state registry, have completed Personal Support Specialist training or another approved program, or be enrolled in such training within 60 days of hire (10-144 CMR ch. 129, sec. 4(A)(1)).
- Staff who enroll after hire must finish the training within nine months or stop giving personal care until they finish (10-144 CMR ch. 129, sec. 4(A)(1)).
- This training is not required for staff whose work is limited to meals, managing money, shopping, light housework and communication (10-144 CMR ch. 129, sec. 4(A)(2)).
- All direct care staff must complete agency orientation before working alone with any client, covering mandated reporting, abuse policy, grievances, job duties, care plans, documentation, infection control, emergencies and confidentiality (10-144 CMR ch. 129, sec. 5, Staff Orientation).
- Every employee must receive annual training on mandated reporting, abuse policy, grievances, infection control, emergency plans and confidentiality (10-144 CMR ch. 129, sec. 5, Annual Staff Training).
Health screening
- The personal care agency rule does not list a TB test or physical exam requirement for staff (10-144 CMR ch. 129).
Also in the personnel file
- Supervisors must be an LPN or RN, a CNA, someone with approved personal care training and one year of experience, or someone with five years of related education or experience (10-144 CMR ch. 129, sec. 5, Supervision).
- A supervisor must observe each new direct care employee on site at least every 30 days during the first three months, while the employee is giving care, and document the visit and a client interview (10-144 CMR ch. 129, sec. 5, Supervision).
- Supervisors must complete an annual performance review for each employee (10-144 CMR ch. 129, sec. 5, Supervision).
- Employee records must include a signed job description, first date of direct care, proof of CNA or approved training (or enrollment date), background check results, orientation and training records, annual reviews and supervisory visit records (10-144 CMR ch. 129, sec. 9).
- Agencies must have a manual with job descriptions for all positions and a description of the orientation program (10-144 CMR ch. 129, sec. 5).
Common questions
What background checks do home care aides need in Maine?
Home health care providers, hospice providers and personal care agencies must use the Maine Background Check Center for all direct access workers (22 MRS 9054(7)).
How much training do home care aides need in Maine?
Staff giving hands-on personal care must be an active CNA on the state registry, have completed Personal Support Specialist training or another approved program, or be enrolled in such training within 60 days of hire (10-144 CMR ch. 129, sec. 4(A)(1)).
Do home care workers in Maine need a TB test?
The personal care agency rule does not list a TB test or physical exam requirement for staff (10-144 CMR ch. 129).
Which license does a home care agency need in Maine?
The Department of Health and Human Services, Division of Licensing and Certification, licenses personal care agencies, which provide help with daily living activities in clients' homes (10-144 CMR ch. 129, sec. 1).
Some rules for Maine weren't confirmed from an official source. Check with the state before relying on this page.
Sources
- 10-144 CMR ch. 129, Personal Care Agency Licensing Rule (adopted filing, eff. Aug. 20, 2024), Maine Secretary of State
- 22 MRS 9054, Maine Background Check Center procedures, Maine Legislature
This page summarizes state licensing rules in plain words, with links to the rules themselves. It is not legal advice, rules change, and your license type decides what applies: check the linked source and your licensing agency. Medicare-certified home health agencies also follow 42 CFR 484.80. Checked October 2026.
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