An Act To Protect Licensing Information of Medical Professionals
Maine Legislature, Session 128, LD 1267
Committee Amendment CA_A_S424 (Senate)
Amends: 32 MRSA §2109-A, 32 MRSA §2600-D, 32 MRSA §3300-G

COMMITTEE AMENDMENT " A" to S.P. 430, L.D. 1267, Bill, "An Act To 
Protect Licensing Information of Medical Professionals" 
Amend the bill by striking out everything after the enacting clause and before the 
summary and inserting the following: 
'Sec. 1. 32 MRSA §2109-A is enacted to read: 
§2109-A. Inspection or copying of record; procedure 
1. Request for licensing file; redaction. When the board receives a request to 
inspect or copy all or part of the licensing file of an applicant or licensee, the board shall 
redact information that is not public before making the file available for inspection or 
copying. 
2. Notice and opportunity to review. When the board acknowledges a request to 
inspect or copy an applicant's or a licensee's licensing file as required by Title 1, section 
408-A, subsection 3, the board shall send a notice to the applicant or licensee at the 
applicant's or licensee's last address on file with the board explaining that the request has 
been made and that the applicant or licensee may review the redacted licensing file before 
it is made available for inspection or copying. The applicant or licensee has 10 business 
days from the date the board sends the notice to request the opportunity to review the 
redacted licensing file. If the applicant or licensee so requests, the board shall send a 
copy of the redacted licensing file to the applicant or licensee for review. The board shall 
make the redacted licensing file available to the requester for inspection and copying 10 
business days after sending the redacted licensing file to the applicant or licensee for 
review unless the board receives notice from the applicant or licensee under subsection 4. 
3. Reasonable costs. Reasonable costs related to the review of a licensing file by 
the applicant or licensee are considered part of the board's costs to make the redacted 
licensing file available for inspection and copying under subsection 2 and may be charged 
to the requester. 
4. Injunction based on personal safety. An applicant or licensee may bring an 
action in Superior Court to enjoin the board from releasing all or part of a licensing file 
COMMITTEE AMENDMENT 
c::, 
COMMITTEE AMENDMENT" A" to S.P. 430, L.D. 1267 
under subsection 2 based on the potential risk to the applicant's or licensee's personal 
safety or the personal safety of any 3rd party if the file is disclosed to the public. The 
applicant or licensee must file the action within 10 business days after the board sends the 
applicant or licensee the redacted licensing file and shall immediately provide written 
notice to the board that the action has been filed and that the board may not make the file 
available for inspection and copying until the action is resolved. 
5. Hearing. The hearing on an action filed under subsection 4 may be advanced on 
the docket and receive priority over other cases when the court determines that the 
interests of justice so require. 
Sec. 2. 32 MRSA §2600-D is enacted to read: 
§2600-D. Inspection or copying of record; procedure 
1. Request for licensing file; redaction. When the board receives a request to 
inspect or copy all or part of the licensing file of an applicant or licensee, the board shall 
redact information that is not public before making the file available for inspection or 
copying. 
2. Notice and opportunity to review. When the board acknowledges a request to 
inspect or copy an applicant's or a licensee's licensing file as required by Title 1, section 
408-A, subsection 3, the board shall send a notice to the applicant or licensee at the 
applicant's or licensee's last address on file with the board explaining that the request has 
been made and that the applicant or licensee may review the redacted licensing file before 
it is made available for inspection or copying. The applicant or licensee has 10 business 
days from the date the board sends the notice to request the opportunity to review the 
redacted licensing file. If the applicant or licensee so requests, the board shall send a 
copy of the redacted licensing file to the applicant or licensee for review. The board shall 
make the redacted licensing file available to the requester for inspection and copying 10 
business days after sending the redacted licensing file to the applicant or licensee for 
review unless the board receives notice from the applicant or licensee under subsection 4. 
3. Reasonable costs. Reasonable costs related to the review of a licensing file by 
the applicant or licensee are considered part of the board's costs to make the redacted 
licensing file available for inspection and copying under subsection 2 and may be charged 
to the requester. 
4. Injunction based on personal safety. An applicant or licensee may bring an 
action in Superior Court to enjoin the board from releasing all or part of a licensing file 
under subsection 2 based on the potential risk to the applicant's or licensee's personal 
safety or the personal safety of any 3rd party if the file is disclosed to the public. The 
applicant or licensee must file the action within 10 business days after the board sends the 
applicant or licensee the redacted licensing file and shall immediately provide written 
notice to the board that the action has been filed and that the board may not make the file 
available for inspection and copying until the action is resolved. 
5. Hearing. The hearing on an action filed under subsection 4 may be advanced on 
the docket and receive priority over other cases when the court determines that the 
interests of justice so require. 
Sec. 3. 32 MRSA §3300-G is enacted to read: 
COMMITTEE AMENDMENT 
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COMMITIEE AMENDMENT" A" to S.P. 430, L.D. 1267 
§3300-G. Inspection or copying of record; procedure 
Inspection or copying of record; procedure 
1. Request for licensing file; redaction. When the board receives a request to 
inspect or copy all or part of the licensing file of an applicant or licensee, the board shall 
redact information that is not public before making the file available for inspection or 
copying. 
2. Notice and opportunity to review. When the board acknowledges a request to 
inspect or copy an applicant's or a licensee's licensing file as required by Title 1, section 
408-A. subsection 3. the board shall send a notice to the applicant or licensee at the 
applicant's or licensee's last address on file with the board explaining that the request has 
been made and that the applicant or licensee may review the redacted licensing file before 
it is made available for inspection or copying. The applicant or licensee has 10 business 
days from the date the board sends the notice to request the opportunity to review the 
redacted licensing file. If the applicant or licensee so requests, the board shall send a 
copy of the redacted licensing file to the applicant or licensee for review. The board shall 
make the redacted licensing file available to the requester for inspection and copying 10 
business days after sending the redacted licensing file to the applicant or licensee for 
review unless the board receives notice from the applicant or licensee under subsection 4. 
3. Reasonable costs. Reasonable costs related to the review of a licensing file by 
the applicant or licensee are considered part of the board's costs to make the redacted 
licensing file available for inspection and copying under subsection 2 and may be charged 
to the requester. 
4. Injunction based on personal safety. An applicant or licensee may bring an 
action in Superior Court to enjoin the board from releasing all or part of a licensing file 
under subsection 2 based on the potential risk to the applicant's or licensee's personal 
safety or the personal safety of any 3rd party if the file is disclosed to the public. The 
applicant or licensee must file the action within 10 business days after the board sends the 
applicant or licensee the redacted licensing file and shall immediately provide written 
notice to the board that the action has been filed and that the board may not make the file 
available for inspection and copying until the action is resolved. 
5. Hearing. The bearing on an action filed under subsection 4 may be advanced on 
the docket and receive priority over other cases when the court determines that the 
interests of justice so require.' 
SUMMARY 
This amendment replaces the bill. 
This amendment allows applicants and licensees of the State Board of Nursing, the 
Board of Osteopathic Licensure and the Board of Licensure in Medicine to review their 
own redacted licensing files before the respective board makes the file available for 
inspection or copying after the licensing file has been requested. 
The board must notify the applicant or licensee of the request to view the file at the 
same time the board acknowledges the request under the Freedom of Access Act. The 
COMMITTEE AMENDMENT 
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COMMITIBE AMENDMENT"~ "to S.P. 430, L.D. 1267 
board must use the most recent address on file for that applicant or licensee. If the 
applicant or licensee would like to review the redacted file before it is made publicly 
available, the applicant or licensee must notify the board within 10 business days. If 
requested by the applicant or licensee, the board must send a .copy of the redacted file to 
the applicant or licensee, and the applicant or licensee has 10 business days from when 
the file is sent to stop the release of the redacted licensing file by filing an action in 
Superior Court to enjoin the release of the file because making the redacted file available 
to the public creates a potential risk to the personal safety of the applicant or licensee or 
any 3rd party. 
FISCAL ~OTE REQt:.lRE.D . 
(See attached) 
. . . 
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COMMITTEE AMENDMENT 
Approved: 03/20/18 feac 
LD 1267 
LR919(02) 
An Act To Protect Licensing Information of Medical Professionals 
Fiscal Note for Bill as Amended by Committee Amendment 'A' " 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
Increases the number of civil suits. 
(S-Y~Y) 
The additional workload associated with the minimal number of new cas~s filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the State Board of Nursing, the Board of Osteopathic Licensure and the Board of Licensure in 
Medicine, all affiliated with the Department of Professional and Financial Regulation, to implement the requirements 
of this legislation can be absorbed within existing budgeted resources. 
LR0919(02) - Fiscal Note - Page 1 of 1