An Act To Protect Licensing Information of Medical Professionals
Maine Legislature, Session 129, LD 1580
Committee Amendment CA_A_H631 (House)
Amends: 32 MRSA §2109-A, 32 MRSA §2600-E, 32 MRSA §3300-H

COMMITTEE AMENDMENT "A" to H.P. 1142, L.D. 1580, Bill, "An Act To 
Protect Licensing Information of Medical Professionals" 
Amend the bill by striking out everything after the enacting clause 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 record; redaction. When the board receives a request to inspect or 
copy all or part of the record of an applicant or licensee, the board shall redact 
information that is not public before making the record 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 record 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 record before it is made 
available for inspection or copying. The acknowledgment to the requester must include a 
description of the review process provided to the applicant or licensee pursuant to this 
section. including the fact that all or part of the record may be withheld if the board finds 
that disclosure of all or part of the redacted record creates a potential risk to the 
applicant's or licensee's personal safety or the personal safety of any 3rd party. The 
applicant or licensee has 10 business days from the date the board sends the notice to 
request the opportunity to review the redacted record. If the applicant or licensee so 
requests, the board shall send a copy of the redacted record to the applicant or licensee for 
review. 
The board shall make the redacted record available to the requester for 
inspection or copying 10 business days after sending the redacted record to the applicant 
or licensee for review unless the board receives a petition from the applicant or licensee 
under subsection 4. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "A "to H.P. 1142, L.D. 1580 
3. Reasonable costs. Reasonable costs related to the review of a record by the 
applicant or licensee are considered part of the board's costs to make the redacted record 
available for inspection or copying under subsection 2 and may be charged to the 
requester. 
4. Action based on personal safety. An applicant or licensee may petition the 
board to withhold the release of all or part of a record 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 record is disclosed to the public. The applicant or licensee must petition 
the board to withhold all or part of the record within 10 business days after the board 
sends the applicant or licensee the redacted record. 
The petition must include an 
explanation of the potential safety risks and a list of items requested to be withheld. 
Within 60 days of receiving the petition, the board shall notify the applicant or licensee of 
its decision on the petition. If the applicant or licensee disagrees with the board's 
decision. the applicant or licensee may file a petition in Superior Court to enjoin the 
release of the record under subsection 5. 
5. 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 record 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 record is disclosed to the public. The applicant 
or licensee must file the action within 10 business days after the board notifies the 
applicant or licensee under subsection 4 that the board will release all or part of the 
redacted record to the requester. The applicant or licensee shall immediately provide 
written notice to the board that the action has been filed. and the board may not make the 
record available for inspection or copying until the action is resolved. 
6. Hearing. The hearing on an action filed under subsection 5 may be advanced on 
the docket and receive priority over other cases when the court determines that the 
interests of justice so require. 
7. Application. This section does not apply to requests for records from other 
governmental licensing or disciplinary authorities or from any health care providers 
located within or outside this State that are concerned with granting, limiting or denying 
an applicant's or licensee's employment or privileges. 
Sec. 2. 32 MRSA §2600-E is enacted to read: 
§2600-E. Inspection or copying of record; procedure 
1. Request for record; redaction. When the board receives a request to inspect or 
copy all or part of the record of an applicant or licensee. the board shall redact 
information that is not public before making the record 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 record 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 record before it is made 
available for inspection or copying. The acknowledgment to the requester must include a 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1142, L.D. 1580 
description of the review process provided to the applicant or licensee pursuant to this 
section. including the fact that all or part of the record may be withheld if the board fmds 
that disclosure of all or part of the redacted record creates a potential risk to the 
applicant's or licensee's personal safety or the personal safety of any 3rd party. The 
applicant or licensee has 10 business days from the date the board sends the notice to 
request the opportunity to review the redacted record. If the applicant or licensee so 
requests. the board shall send a copy of the redacted record to the applicant or licensee for 
review. 
The board shall make the redacted record available to the requester for 
inspection or copying 10 business days after sending the redacted record to the applicant 
or licensee for review unless the board receives a petition from the applicant or licensee 
under subsection 4. 
3. Reasonable costs. Reasonable costs related to the review of a record by the 
applicant or licensee are considered part of the board's costs to make the redacted record 
available for inspection or copying under subsection 2 and may be charged to the 
requester. 
4. Action based on personal safety. An applicant or licensee may petition the 
board to withhold the release of all or part of a record 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 record is disclosed to the public. The applicant or licensee must petition 
the board to withhold all or part of the record within 10 business days after the board 
sends the applicant or licensee the redacted record. 
The petition must include an 
explanation of the potential safety risks and a list of items requested to be withheld. 
Within 60 days of receiving the petition. the board shall notify the applicant or licensee of 
its decision on the petition. If the applicant or licensee disagrees with the board's 
decision, the applicant or licensee may file a petition in Superior Court to enjoin the 
release of the record under subsection 5. 
5. 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 record 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 record is disclosed to the public. The applicant 
or licensee must file the action within 10 business days after the board notifies the 
applicant or licensee under subsection 4 that the board will release all or part of the 
redacted record to the requester. The applicant or licensee shall immediately provide 
written notice to the board that the action has been filed. and the board may not make the 
record available for inspection or copying until the action is resolved. 
6. Hearing. The hearing on an action filed under subsection 5 may be advanced on 
the docket and receive priority over other cases when the court determines that the 
interests of justice so require. 
7. Application. This section does not apply to requests for records from other 
governmental licensing or disciplinary authorities or from any health care providers 
located within or outside this State that are concerned with granting. limiting or denying 
an applicant's or licensee's employment or privileges. 
Sec. 3. 32 MRSA §3300-H is enacted to read: 
COMMITTEE AMENDMENT 
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j 4b· 
COMMITTEEAMENDMENT"A "toH.P.1142,L.D.1580 
§3300-H. Inspection or copying of record; procedure 
1. Request for record; redaction. When the board receives a request to inspect or 
copy all or part of the record of an applicant or licensee. the board shall redact 
information that is not public before making the record 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 record 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 record before it is made 
available for inspection or copying. The acknowledgment to the requester must include a 
description of the review process provided to the applicant or licensee pursuant to this 
section. including the fact that all or part of the record may be withheld if the board finds 
that disclosure of all or part of the redacted record creates a potential risk to the 
applicant's or licensee's personal safety or the personal safety of any 3rd party, The 
applicant or licensee has 10 business days from the date the board sends the notice to 
request the opportunity to review the redacted record. If the applicant or licensee so 
requests. the board shall send a copy of the redacted record to the applicant or licensee for 
review. 
The board shall make the redacted record available to the requester for 
inspection or copying 10 business days after sending the redacted record to the applicant 
or licensee for review unless the board receives a petition from the applicant or licensee 
under subsection 4. 
3. Reasonable costs. Reasonable costs related to the review of a record by the 
applicant or licensee are considered part of the board's costs to make the redacted record 
available for inspection or copying under subsection 2 and may be charged to the 
requester. 
4. Action based on personal safety. An applicant or licensee may petition the 
board to withhold the release of all or part of a record 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 record is disclosed to the public. The applicant or licensee must petition 
the board to withhold all or part of the record within 10 business days after the board 
sends the applicant or licensee the redacted record. 
The petition must include an 
explanation of the potential safety risks and a list of items requested to be withheld. 
Within 60 days of receiving the petition. the board shall notify the applicant or licensee of 
its decision on the petition. If the applicant or licensee disagrees with the board's 
decision. the applicant or licensee may file a petition in Superior Court to enjoin the 
release of the record under subsection 5. 
5. 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 record 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 record is disclosed to the public. The applicant 
or licensee must file the action within 10 business days after the board notifies the 
applicant or licensee under subsection 4 that the board will release all or part of the 
redacted record to the requester. The applicant or licensee shall immediately provide 
COMMITTEE AMENDMENT 
i·•'· 
COMMITTEE AMENDMENT ·fi "to H.P. 1142, L.D. 1580 
written notice to the board that the action has been filed, and the board may not make the 
record available for inspection or copying until the action is resolved. 
6. Hearing. The hearing on an action filed under subsection 5 may be advanced on 
the docket and receive priority over other cases when the court determines that the 
interests of justice so require. 
7. Application. This section does not apply to requests for records from other 
governmental licensing or disciplinary authorities or from any health care providers 
located within or outside this State that are concerned with granting, limiting or denying 
an applicant's or licensee's employment or privileges.' 
SUMMARY 
This amendment is the majority report of the Joint Standing Committee on Judiciary. 
It replaces the bill but retains the basic concept of protecting information in applicants' 
and licensees' records held by medical licensing boards when the records are requested to 
be inspected or copied. 
This amendment revises terminology to refer to an applicant's or licensee's record 
rather than a licensing file as in the bill. It requires that the acknowledgement that the 
licensing board must send to a requester that a request for a record has been received 
include a description of the review process provided to the applicant or licensee, 
including the fact that all or part of the record may be withheld if the board finds that 
disclosure of all or part of the redacted record creates a risk to the applicant's or licensee's 
personal safety or the personal safety of any 3rd party. 
The amendment extends the time for the licensing board to review the applicant's or 
licensee's petition to withhold all or part of the record from 30 days in the bill to 60 days. 
It allows an applicant or licensee who does not agree with the licensing board's 
decision to seek an injunction in Superior Court. 
It clarifies that the restriction on releasing an applicant's or licensee's record does not 
apply to requests for records from other governmental licensing or disciplinary authorities 
or from any health care providers located within or outside this State that are concerned 
with granting, limiting or denying an applicant's or licensee's employment or privileges. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/30/19 feae:.. 
LD 1580 
LR 1795(02) 
An Act To Protect Licensing Information of Medical Professionals 
Fiscal Note for Bill as Amended by Committee Amendment ,/J( fl-{;, 3 J 
· 
Committee: Judiciary 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Minor cost increase - Other Special Revenue Funds 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. 
The additional workload associated with the minimal number of new cases filed in the court system does not require 
additional funding at this time. 
The collection of additional filing fees may increase General Fund and other dedicated revenue by minor amounts. 
Fiscal Detail and Notes 
Additional costs to the State Board of Nursing, the Board of Osteopathic Li censure and the Board of Li censure in 
Medicine, affiliated with the Department of Professional and Financial Information, to implement the requirements of 
this legislation can be absorbed within existing budgeted resources. 
LR 1795(02) - Fi~c~l Note - P~P-e 1 of 1