An Act To Protect Licensing Information of Medical Professionals
Maine Legislature, Session 129, LD 1580
Committee: Judiciary
Sponsors: MOONEN, ALLEY, HYMANSON, O'NEIL, PERRY, CLAXTON, GRATWICK
Amends: 32 MRSA §2109-A, 32 MRSA §2600-D, 32 MRSA §3300-G

Legislative Document
No. 1580
H.P. 1142
House of Representatives, April 16, 2019
An Act To Protect Licensing Information of Medical Professionals
Reference to the Committee on Judiciary suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MOONEN of Portland.
Cosponsored by Representatives: ALLEY of Beals, HYMANSON of York, McCREA of Fort 
Fairfield, O'NEIL of Saco, PERRY of Calais, Senators: CLAXTON of Androscoggin, 
GRATWICK of Penobscot.
Be it enacted by the People of the State of Maine as follows:
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 a petition 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.  Action based on personal safety.  An applicant or licensee may petition the 
board to withhold the release of 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 petition 
the board to withhold all or part of the licensing file within 10 business days after the 
board sends the applicant or licensee the redacted licensing file.  The petition must 
include an explanation of the potential safety risks and a list of items requested to be 
withheld.  Within 30 days of receiving the petition, the board shall notify the applicant or 
licensee of its decision on the petition.
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 a petition 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.  Action based on personal safety.  An applicant or licensee may petition the 
board to withhold the release of 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 petition 
the board to withhold all or part of the licensing file within 10 business days after the 
board sends the applicant or licensee the redacted licensing file.  The petition must 
include an explanation of the potential safety risks and a list of items requested to be 
withheld.  Within 30 days of receiving the petition, the board shall notify the applicant or 
licensee of its decision on the petition.
Sec. 3.  32 MRSA §3300-G is enacted to read:
§3300-G.  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 a petition 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.  Action based on personal safety.  An applicant or licensee may petition the 
board to withhold the release of 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 petition 
the board to withhold all or part of the licensing file within 10 business days after the 
board sends the applicant or licensee the redacted licensing file.  The petition must 
include an explanation of the potential safety risks and a list of items requested to be 
withheld.  Within 30 days of receiving the petition, the board shall notify the applicant or 
licensee of its decision on the petition.
SUMMARY
This bill 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 
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 all or a part of the redacted licensing file by 
petitioning the board to withhold release of all or a part of the file because making all or 
part of the redacted file available to the public creates a potential risk to the personal 
safety of the applicant or licensee or any 3rd party.