An Act To Ensure Compliance with Federal Requirements for Background Checks of Certain Department of Health and Human Services Employees
Maine Legislature, Session 129, LD 1801
Committee Amendment CA_A_H612 (House)
Amends: 19-A MRSA §2111, 25 MRSA §1542-A

COMMITTEE AMENDMENT "A" to H.P. 1282, L.D. 1801, Bill, "An Act To 
Ensure Compliance with Federal Requirements for Background Checks of Certain 
Department of Health and Human Services Employees" 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 19-A MRSA §2111 is enacted to read: 
§2111. 
Criminal history record checks for Department of Health and Human 
Services employees, applicants for employment, contractors and 
subcontractors 
1. Definitions. As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings. 
A. "Federal Bureau of Investigation" means the United States Department of Justice, 
Federal Bureau oflnvestigation. 
B. "State Police" means the Department of Public Safety, Bureau of State Police. 
2. Criminal history; information about criminal records and data obtained. The 
department shall obtain, in print or electronic format. criminal history record information 
containing a record of public criminal history record information as defined in Title 16, 
section 703, subsection 8, from the Maine Criminal Justice Information System. 
established pursuant to Title 16. section 631. and the Federal Bureau of Investigation, for 
any person employed by the department, who may be offered employment by the 
department or who is employed by or may be offered employment by a department 
contractor or subcontractor in order to comply with the United States Internal Revenue 
Service's tax information security guidelines for federal, state and local agencies. 
3. Fingerprint-based criminal history obtained. 
A person employed by the 
department or a person who is employed by a department contractor or subcontractor 
shall consent to and have the person's fingerprints taken. A person who may be offered 
employment by the department or by a department contractor or subcontractor shall 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT -A" to H.P. 1282, L.D. 1801 
consent to and have the person's fingerprints taken prior to being employed by the 
department or by a department contractor or subcontractor. The State Police shall take or 
cause to be taken the fingerprints of a person who has consented under this subsection 
and shall forward the fingerprints to the Department of Public Safety so that the 
Department of Public Safety may conduct a state and national criminal history record 
check on the person. The Department of Public Safety shall forward the results obtained 
to the department. 
The fee charged to the department by the State Police must be 
consistent with the fee charged to executive branch agencies receiving similar services. 
Except for the portion of the payment that constitutes the processing fee charged by the 
Federal Bureau of Investigation, all money received by the State Police under this 
subsection must be paid to the Treasurer of State. who shall apply the money to the 
expenses of administration of this section by the Department of Public Safety. 
4. Updates to information. The department may request a subsequent criminal 
history record check under subsection 3 on an employee, a person who has been offered 
employment by the department, an employee of a department contractor or subcontractor 
or a person who has been offered employment by a department contractor or 
subcontractor as the department determines appropriate. 
including continuous 
notifications of updated criminal history record information if a service providing 
notifications of updated criminal history record information becomes available. 
5. Confidentiality. Information obtained pursuant to this section is confidential and 
may not be disseminated for purposes other than as provided in subsections 6 and 7. 
6. Use of information obtained. Criminal history record information obtained 
pursuant to this section may be used by the department for employment purposes to 
screen an employee, a person who may be offered employment by the department, an 
employee of a department contractor or subcontractor or a person who may be offered 
employment by a department contractor or subcontractor. The subject of any criminal 
history record check under subsection 3 may contest any negative decision made by the 
department based upon the information received pursuant to the criminal history record 
check. 
7. Person's access to information obtained. A person subject to a criminal history 
record check pursuant to subsection 3 must be notified each time a criminal history record 
check is performed on the person. A person subject to a criminal history record check 
under subsection 3 may inspect and review the criminal history record information 
pursuant to Title 16. section 709 and obtain federal information obtained pursuant to the 
criminal history record check by following the procedures outlined in 28 Code of Federal 
Regulations, Sections 16.32 and 16.33. 
8. Right of subject to remove fingerprints from record. Upon request from a 
person subject to a criminal history record check pursuant to subsection 3, the 
Department of Public Safety shall remove the person's fingerprints from the Department 
of Public Safety's records and provide written confirmation of the removal to the person. 
Sec. 2. 25 MRSA §1542-A, sub-§1, ,rP, as enacted by PL 2017, c. 452, §25 and 
c. 457, § 13, is repealed and the following enacted in its place: 
P. Who is licensed under Title 32, chapter 36 and has applied for an expedited 
license under Title 32, section 18506: 
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COMMITTEE AMENDMENT*" to H.P. 1282, L.D. 1801 
Sec. 3. 25 MRSA §1542-A, sub-§1, 11Q and R, as enacted by PL 2017, c. 457, 
§ 13, are amended to read: 
Q. Who is an applicant for licensure with the State Board of Nursing as required 
under Title 32, section 2111, subsection 1; el' 
R. Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-B,l 
Sec. 4. 25 MRSA §1542-A, sub-§1, 11S and T are enacted to read: 
S. Who is reguired to have a criminal history record check under Title 22, section 
2425-A. subsection 3-A; or 
T. Who is reguired to have a criminal history record check under Title 19-A, section 
2111. 
Sec. 5. 25 MRSA §1542-A, sub-§3, 10, as enacted by PL 2017, c. 452, §26 and 
c. 457, §15, is repealed and the following enacted in its place: 
0. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1. paragraph P at the reguest of that person and upon payment of 
the expenses by that person as required by Title 32, section 2571-A. 
Sec. 6. 25 MRSA §1542-A, sub-§3, 1~ and S are enacted to read: 
R. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1. paragraph S at the reguest of that person or the Department of 
Administrative and Financial Services under Title 22, section 2425-A. subsection 
3-A. 
S. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1. paragraph T at the reguest of that person or the Department of 
Health and Human Services pursuant to Title 19-A. section 2111. 
Sec. 7. 25 MRSA §1542-A, sub-§4, as amended by PL 2017, c. 452, §27 and c. 
457, § 16, is repealed and the following enacted in its place: 
4. Duty to submit to State Bureau of Identification. It is the duty of the law 
enforcement agency taking the fmgerprints 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 F or 
pursuant to subsection 5 may not be submitted to the State Bureau of Identification unless 
an express reguest 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 
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 
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COMMITTEE AMENDMENT*' to H.P. 1282, L.D. 1801 
Safety, Gambling Control Board, respectively. Fingerprints taken pursuant to subsection 
1, paragraph J. K. L or S 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. Fingerprints taken 
pursuant to subsection 1, paragraph P 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 Board of Osteopathic Licensure, established in Title 32. 
chapter 36. Fingerprints taken pursuant to subsection 1. paragraph N 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 Board of Licensure in Medicine, 
established in Title 32, chapter 48. Fingerprints taken pursuant to subsection 1, paragraph 
O 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 State Board of 
Nursing. established in Title 32. chapter 31. Fingerprints taken pursuant to subsection 1. 
paragraph O must be transmitted immediately to the State Bureau of Identification to 
enable the bureau to conduct state and national criminal history record checks under Title 
28-B, section 204. Fingerprints taken pursuant to subsection 1. paragraph R or T 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 Health 
and Human Services.' 
SUMMARY 
This amendment strikes and replaces the bill to be consistent with criminal history 
record check practices. It incorporates provisions that address existing technical conflicts 
in the criminal history record check statutes. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Revised: 06/07/19 .?-vac 
LD 1801 
LR 2317(02) 
An Act To Ensure Compliance with Federal Requirements for Background Checks of Certain 
Department of Health and Human Services Employees 
Fiscal Detail and Notes 
Fiscal Note for Bill as Amended by Committee Amendment }>f 1 {f/-b / ;}_, \ 
Committee: Health and Human Services 
) 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor cost increase - Highway Fund 
Additional costs to the Department of Public Safety and the Department of Health and Human Services associated 
with performing background checks can be absorbed within existing budgeted resources. 
LR23 l 7(02) - Fiscal Note - Page 1 of 1