An Act To Require Criminal History Record Information for Licensure of Nurses
Maine Legislature, Session 125, LD 0398
Committee Amendment CA_A_S249 (Senate)
Amends: 25 MRSA §1542-A

COMMITTEE AMENDMENT" A" to S.P. 111, L.D. 398, Bill, "An Act To 
Require Criminal History Record Information for Licensure of Nurses" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 25 MRS A §1542-A, sub-§l, ~H, as amended by PL 2001, c. 52, §5, is 
further amended to read: 
H. Charged with the commission of a juvenile crime; ef 
Sec. 2. 25 MRSA §1542-A, sub-§l, ~I, as enacted by PL 2001, c. 52, §6, is 
amended to read: 
I. Who is a prospective adoptive parent not the biological parent as required under 
Title 18-A, section 9-304, subsection (a-I);~ 
Sec. 3. 25 MRSA §1542-A, sub-§l, ~J is enacted to read: 
J. Who is an applicant for licensure with the State Board of Nursing as required 
under Title 32, section 2111, subsection 1. 
Sec. 4. 25 MRSA §1542-A, sub-§3, ~J is enacted to read: 
J. A law enforcement officer shall take or cause to be taken the fingerprints of the 
person named in subsection 1, paragraph J, at the request of that person and. upon 
payment by the person of the fee established in Title 32, section 2111, subsection 1. 
Sec. 5. 32 MRS A §2111 is enacted to read: 
§2111. Criminal history record information; fees 
1. Criminal history record information; fees. The board may obtain criminal 
history record information from the Federal Bureau of Investigation for any person 
applying for licensure under this chapter. The board shall collect a fee to be paid by the 
applicant of no more than $60 for each initial criminal history record check required by 
this section. Except for the portion of the payment, if any, that constitutes the processing 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to S.P. Ill, L.D. 398 
fee charged by the Federal Bureau of Investigation, all money received by the board for 
purposes of this section must be used in accordance with subsection 6. 
2. Fingerprints. An applicant for licensure under this chapter shall submit to having 
fingerprints taken. A law enforcement officer, upon proof of payment by the applicant of 
a fee under subsection 1, shall take or cause to be taken the applicant's fingerprints and 
shall forward the fingerprints to the Department of Public Safety, State Bureau of 
Identification so that the bureau can conduct state and national criminal history record 
checks. 
. 
3. Confidentiality. Information obtained pursuant to this section is confidential. 
The results of criminal history record checks received by the board pursuant to this 
section are for official use only in order to determine eligibility for licensure under this 
section and may not be disseminated outside the board. 
4. Hearing. A board action against an applicant for licensure under this chapter 
based upon the criminal history record information under subsection 1 is subject to the 
provisions of Title 5, section 5302. 
5. Rules. The board may adopt rules to carry out the purposes of this section. Rules 
adopted pursuant to this subsection are routine technical rules under Title 5, chapter 375, 
subchapter 2-A. 
6. Criminal history record check fund. The criminal history record check fund is 
created as a dedicated fund within the Department of Professional and Financial 
Regulation, State Board of Nursing, for the deposit of any fees collected pursuant to 
subsection 2. The purpose of the fund is to reimburse the Department of Public Safety 
for the cost of conducting the fingerprinting and state and national criminal history record 
checks pursuant to this section. The fund may not lapse, but must be carried forward to 
carry out the purposes of this section. 
7. Applicant's access to criminal history record check. The subject of a Federal 
Bureau of Investigation criminal history record check under this section may obtain a 
copy of a criminal history record check by following the procedures outlined in 28 Code 
of Federal Regulations, Sections 16.32 and 16.33. 
Sec. 6. Appropriations and allocations. 
The following appropriations and 
allocations are made. 
PROFESSIONAL AND FINANCIAL REGULATION, DEPARTMENT OF 
Criminal History Record Check Fund - State Board of Nursing N12S 
Initiative: Allocates funds to reimburse the Department of Public Safety for the cost of 
conducting fingerprinting and state and national criminal history record cheeks. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
2011-12 
$17,250 
$17,250 
COMMITTEE AMENDMENT 
2012-13 
$23,000 
$23,000 
COMMITTEE AMENDMENT" A" to S.P. Ill, L.D. 398 
SUMMARY 
This amendment is the majority report of the committee and it replaces the bill. It 
requires a person applying for licensure with the State Board of Nursing to submit to 
having fingerprints taken by a law enforcement officer in order for the board to obtain 
state and national criminal history record information from the Federal Bureau of 
Investigation. It provides that the criminal history record information is confidential and 
any action taken by the board based upon this information against an applicant is subject 
to the procedures under state law for occupational license disqualification based upon 
criminal record. It establishes a fund to reimburse the Department of Public Safety for 
the cost of conducting the fingerprinting and state and national criminal history record 
checks. It also adds an appropriations and allocations section. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
( 
Approved: 06/04/11 
;:!;Pac. 
LD398 
LR 898(02) 
An Act To Require Criminal History Record Information for Licensure of Nurses 
Fiscal Note for Bill as Amended by Committee Amendment "A" S - 2Lf9 
Committee: Labor, Commerce, Research and Economic Development 
Appropriations/Allocations 
Other Special Revenue Funds 
Revenue 
Other Special Revenue Funds 
Fiscal Detail and Notes 
Fiscal Note Required: Yes 
Fiscal Note 
FY 2011-12 
FY 2012-13 
$17,250 
$23,000 
$17,250 
$23,000 
Projections 
FY 2013-14 
$23,000 
$23,000 
Projections 
FY 2014-15 
$23,000 
$23,000 
This bill establishes the Criminal History Record Check Fund within the State Board of Nursing affiliated with the 
Department of Professional and Financial Regulation and includes Other Special Revenue Funds allocations of 
$17,250 and $23,000 in fiscal years 2011-12 and 2012,13, respectively, to reimburse the Department of Public Safety 
for the cost of conducting the fingerprinting and state and national criminal history record checks for those individuals 
applying for licensure with the State Board of Nursing. 
The bill provides that fees collected from applicants be deposited into the Criminal History Record Check Fund to pay 
for the crim.inal history record check. This fiscal note assumes that approximately 1,000 new applicants per year will 
be assessed a fee of $23 each for the record check, resulting in dedicated revenue to the Fund of approximately 
$17,250 in fiscal year 2011-12 and $23,000 in fiscal year 2012-13. 
The increased amount of criminal history records checks the Department of Public Safety will need to process can be 
absorbed with existing staff and within existing budgeted resources. 
LR0898(02) - Fiscal Note - Page 1 of 1