An Act To Adopt the Nurse Licensure Compact
Maine Legislature, Session 128, LD 1410
Committee Amendment CA_A_S215 (Senate)
Amends: 25 MRSA §1542-A, 32 MRSA §2111

COMMITTEE AMENDMENT "(\" to S.P. 488, L.D. 1410, Bill, "An Act To 
Adopt the Nurse Licensure Compact" 
Amend the bill in Part B in section 3 in paragraph Lin the first line (page 17, line 29 
in L.D.) by striking out the following: "A law enforcement officer" and inserting the 
following: 'The State Police' 
Amend the bill in Part B by striking out all of sections 4 and 5 and inserting the 
following: 
'Sec. B-4. 25 MRSA §1542-A, sub-§4, as amended by PL 2015, c. 300, Pt. B, 
§5, is further amended to read: 
4. Duty to submit to State Bureau of Identification. It is the duty of the law 
enforcement agency taking the fingerprints as required by subsection 3, paragraphs A, B 
and G to transmit immediately to the State Bureau of Identification the criminal 
fingerprint record. Fingerprints taken pursuant to subsection 1, paragraph C, D, E or For 
pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless 
an express request is made by the commanding officer of the State Bureau of 
Identification. 
Fingerprints taken pursuant to subsection 1, paragraph G must be 
transmitted immediately to the State Bureau of Identification to enable the bureau to 
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conduct state and national criminal history record checks for the Department of 
Education. The bureau may not use the fingerprints for any purpose other than that 
provided for under Title 20-A, section 6103. The bureau shall retain the fingerprints, 
except as provided under Title 20-A, section 6103, subsection 9. 
Fingerprints taken 
pursuant to subsection 1, paragraph I and subsection 3, paragraph I must be transmitted 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
and national criminal history record checks for the court and the Department of Public 
Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 
1, paragraph J, K or L must be transmitted immediately to the State Bureau of 
Identification to enable the bureau to conduct state and national criminal history record 
checks for the Department of Administrative and Financial Services, Bureau of Revenue 
Services. Fingerprints taken pursuant to subsection 1, paragraph M must be transmitted 
COMMITTEE AMENDMENT 
COMMIITEE AMENDMENT'/.\" to S.P. 488, L.D. 1410 
immediately to the State Bureau of Identification to enable the bureau to conduct state 
and national criminal history record checks for the State Board of Nursing. 
Sec. B-5. 32 MRSA §2111 is enacted to read: 
§2111. Criminal history record information; fees 
1. Background check. The board shall request a background check for each person 
who submits an application for initial licensure or licensure by endorsement under this 
chapter, including an application for multistate licensure under subchapter 2-A. 
The 
background check must include criminal history record information obtained from the 
Maine Criminal Justice Information System and the Federal Bureau of Investigation. The 
following provisions apply. 
A. The criminal history record information obtained from the Maine Criminal Justice 
Information System must include a record of public criminal history record 
information as defined in Title 16, section 703, subsection 8. 
B. The criminal history record information obtained from the Federal Bureau of 
Investigation must include other state and national criminal history record 
information. 
C. An applicant shall submit to having fingerprints taken. The State Police, upon 
payment of a fee established by the board by rule by the applicant, shall take or cause 
to be taken the applicant's fingerprints and shall forward the fingerprints to the State 
Bureau of Identification so that the bureau can conduct state and national criminal 
history record checks. Except for the portion of the payment, if any, that constitutes 
the processing fee charged by the Federal Bureau of Investigation, all money received 
by the State Police for purposes of this paragraph must be paid over to the Treasurer 
of State. The money must be applied to the expenses of administration incurred by 
the Department of Public Safety. 
D. The subject of a Federal Bureau of Investigation criminal history record check 
may obtain a copy of the criminal history record check by following the procedures 
outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of 
a state criminal history record check may inspect and review the criminal history 
record information pursuant to Title 16, section 709. 
E. State and federal criminal history record information may be used by the board for 
the purpose of screening each applicant. A board action against an applicant under 
this subsection is subject to the provisions of Title 5, chapter 341. 
F. Information obtained pursuant to this subsection is confidential. The results of 
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background checks received by the board are for official use only and may not be 
disseminated to the Interstate Commission of Nurse Licensure Compact 
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Administrators established in section 2177 or to any other person or entity. 
G. An applicant whose license has expired and who has not applied for renewal may 
request in writing that the State Bureau of Identification remove the applicant's 
fingerprints from the bureau's fingerprint file. In response to a written request, the 
bureau shall remove the applicant's fingerprints from the fingerprint file and provide 
written confirmation of that removal. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "A" to S.P. 488, L.D. 1410 
2. Rules. The board, following consultation with the State Bureau of Identification, 
shall adopt rules to implement this section. Rules adopted pursuant to this subsection are 
routine technical rules as defined in Title 5, chapter 375, subchapter 2-A. 
Sec. B-6. Appropriations and allocations. The following appropriations and 
allocations are made. 
PUBLIC SAFETY, DEPARTMENT OF 
State Police 0291 
Initiative: Provides allocations to perform fingerprint-based criminal history background 
checks. 
OTHER SPECIAL REVENUE FUNDS 
All Other 
OTHER SPECIAL REVENUE FUNDS TOTAL 
SUMMARY 
2017-18 
$28,502 
$28,502 
2018-19 
$28,502 
$28,502 
This amendment makes technical changes to the bill to authorize the State Board of 
Nursing to obtain national and state fingerprint-based criminal history record information 
for all applicants for initial licensure and licensure by endorsement by the board, 
including applicants for multistate licensure. The amendment replaces the appropriations 
and allocations section of the bill. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/26/17 feac 
LD 1410 
LR 1234(02) 
An Act To Adopt the Nurse Licensure Compact 
Fiscal Note for Bill as Amended by Committee Amendment 'tt" l S ~ :l JS) 
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 2017-18 
FY 2018-19 
$28,502 
$28,502 
$41,600 
$41,600 
Projections 
FY 2019-20 
$28,502 
$41,600 
Projections 
FY 2020-21 
$28,502 
$41,600 
The bill includes Other Special Revenue Funds allocations of$28,502 beginning in fiscal year 2017-18 to the 
Department of Public Safety to perfonn fingerprint-based criminal history background checks. Other Special 
Revenue Funds revenue to the Department of Public Safety will be increased by $41,600 beginning in fiscal year 2017-
18. This estimate assumes an additional 800 fingerprints will be taken each year. 
Additional costs to the State Board of Nursing, affiliated with the Depatiment of Professional and Financial 
Regulation, to implement the provisions in this legislation can be absorbed within existing budgeted resources. 
LR1234(02) - Fiscal Note - Page 1 of 1