An Act To Require Criminal History Record Information for Licensure of Nurses
Maine Legislature, Session 125, LD 0398
Committee: Labor, Commerce, Research and Economic Development
Sponsors: RECTOR, PRESCOTT, MARTIN, SAVIELLO, DOW, DRISCOLL, KRUGER, MAKER, VOLK
Amends: 32 MRSA §2111

Legislative Document 
No. 398 
S.P. 111 
In Senate, February 8, 2011 
An Act To Require Criminal History Record Information for 
Licensure of Nurses 
Reference to the Committee on Labor, Commerce, Research and Economic Development 
suggested and ordered printed. 
JOSEPH G. CARLETON, JR. 
Secretary of the Senate 
Presented by Senator RECTOR of Knox. 
Cosponsored by Representative PRESCOTT of Topsham and 
Senators: MARTIN of Kennebec, SAVIELLO of Franklin, Representatives: DOW of 
Waldoboro, DRISCOLL of Westbrook, KRUGER of Thomaston, MAKER of Calais, VOLK 
of Scarborough. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  32 MRSA §2111 is enacted to read: 
§2111.  Criminal history record information 
1.  Criminal history record information. The board may obtain criminal history 
record information about an applicant for licensure or renewal of licensure under this 
chapter or a licensee under this chapter subject to an investigation by the board in 
connection to a complaint or formal charge against the licensee from the Department of 
Professional and Financial Regulation, the Department of Public Safety, the Federal 
Bureau of Investigation or any other official repository of criminal history record 
information.  An applicant for licensure or renewal of licensure under this chapter or a 
licensee under this chapter subject to an investigation by the board in connection to a 
complaint or formal charge against the licensee must provide all criminal history record 
information upon request from the board. 
2.  Fingerprints.  An applicant for licensure or renewal of licensure under this 
chapter or a licensee under this chapter subject to an investigation by the board in 
connection to a complaint or formal charge against the licensee must submit to the board 
a complete and legible set of fingerprints, on a form prescribed by the board, for the 
purpose of obtaining criminal history record information under subsection 1. The board 
may require an applicant for licensure under this chapter or a licensee under this chapter 
to provide a complete and legible set of fingerprints upon enrollment in an educational 
program that prepares the applicant or licensee for licensure under this chapter.  The 
board may require the payment of a fee by an applicant or licensee who is subject to this 
subsection. 
3.  Confidentiality.  Criminal history record information received by the board under 
subsection 1 is confidential and privileged and may be used by the board only in carrying 
out its duties under section 2153-A.  The board may not disclose this information to any 
person except as required by court order or upon request to a nursing board that is a 
member of the Nurse Licensure Compact or successor compact. 
4.  Hearing.  A board action against a licensee or an applicant for licensure or 
renewal of 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. 
SUMMARY 
This bill allows the State Board of Nursing to obtain criminal history record 
information with respect to applicants for licensure or renewal of licensure or licensees 
who are under investigation by the board.  The bill also requires fingerprinting of 
applicants for licensure or renewal of licensure and licensees under investigation by the 
board and allows the board to require fingerprinting of licensees and applicants who take 
educational preparation courses for licensure.  The criminal history record information 
under this bill is required to be kept confidential except under certain circumstances, and 
any action taken by the board based upon this information against an applicant or licensee 
is subject to the procedures under state law for occupational license disqualification based 
upon criminal record.