An Act To Amend the Law Regarding Maine's Background Check Center
Maine Legislature, Session 129, LD 0045
Committee: Health and Human Services
Sponsors: HYMANSON, BAILEY, INGWERSEN, JOHANSEN, MADIGAN, PERRY, GRATWICK
Amends: 22 MRSA §9054, 25 MRSA §1542-A

Legislative Document
No. 45
H.P. 46
House of Representatives, January 9, 2019
An Act To Amend the Law Regarding Maine's Background Check 
Center
Reference to the Committee on Health and Human Services suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative HYMANSON of York.
Cosponsored by Representatives: BAILEY of Saco, INGWERSEN of Arundel, JOHANSEN of 
Monticello, MADIGAN of Waterville, McCREIGHT of Harpswell, PERRY of Calais, Senator: 
GRATWICK of Penobscot.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  22 MRSA §9054, sub-§9-A is enacted to read:
9-A.  Acquisition and use of criminal history record information.  Any criminal 
history record information in a background check report under this chapter must be 
obtained and used by the department as follows.
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.  A direct access worker who is 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.  A direct access worker who is the subject of a state criminal history 
record check may inspect and review the criminal history record information pursuant 
to Title 16, section 709.
D.  State and national criminal history record information may be used by the 
department for the purpose of screening each direct access worker.
E.  A direct access worker shall submit to having fingerprints taken.  The State Police 
shall take or cause to be taken the direct access worker’s fingerprints and shall 
forward the fingerprints to the bureau so that the bureau can conduct state and 
national criminal history record checks.  A transfer of payment by the department to 
the Department of Public Safety from the fees collected under section 9055 must be 
made pursuant to a schedule developed in consultation with the State Controller and 
agreed upon by the department and the Department of Public Safety, and payment 
must be based on documentation of fees and processing and administration costs 
incurred.
F.  Information obtained pursuant to this subsection is confidential.  The results of 
background checks received by the department are for official use only and may not 
be disclosed to any other person or entity.
G.  If a person is no longer subject to this chapter, the person may request in writing 
that the bureau remove the person's fingerprints from the bureau's fingerprint file.  In 
response to a written request, the bureau shall remove the person's fingerprints from 
the fingerprint file and provide written confirmation of that removal.
Sec. 2.  25 MRSA §1542-A, sub-§1, ¶Q, as enacted by PL 2017, c. 457, §13, is 
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; or
Sec. 3.  25 MRSA §1542-A, sub-§1, ¶R, as enacted by PL 2017, c. 457, §13, is 
amended to read:
R.  Who is required to have a criminal background check under Title 22, section 
8302-A or 8302-B.; or
Sec. 4.  25 MRSA §1542-A, sub-§1, ¶S is enacted to read:
S.  Who is a direct access worker subject to a background check under Title 22, 
chapter 1691.
Sec. 5.  25 MRSA §1542-A, sub-§3, ¶R is enacted to read:
R.  The State Police shall take or cause to be taken the fingerprints of the person 
identified in subsection 1, paragraph S in accordance with Title 22, chapter 1691.
Sec. 6.  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 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 F or 
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 
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 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 Q 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, paragraphs R and 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 Health and Human Services.
SUMMARY
This bill grants the Department of Health and Human Services the authority to 
request state and national criminal history records, including fingerprint-based criminal 
history records, for direct access workers undergoing a background check under the 
Maine Background Check Center Act.