An Act to Require the State Board of Examiners of Psychologists and the Board of Examiners in Physical Therapy to Obtain Fingerprint-based Federal Bureau of Investigation Criminal Background Checks for Applicants for Licensure
Maine Legislature, Session 131, LD 2057
Committee: Health Coverage, Insurance and Financial Services
Sponsors: PERRY
Amends: 25 MRSA §1542-A, 32 MRSA §3114-D, 32 MRSA §3833-B

Legislative Document
No. 2057
H.P. 1319
House of Representatives, December 13, 2023
An Act to Require the State Board of Examiners of Psychologists 
and the Board of Examiners in Physical Therapy to Obtain 
Fingerprint-based Federal Bureau of Investigation Criminal 
Background Checks for Applicants for Licensure
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 203.
Received by the Clerk of the House on December 11, 2023.  Referred to the Committee on 
Health Coverage, Insurance and Financial Services pursuant to Joint Rule 308.2 and ordered 
printed pursuant to Joint Rule 401.
ROBERT B. HUNT
Clerk
Presented by Representative PERRY of Calais.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §1542-A, sub-§1, ¶AA is enacted to read:
AA.  Who is an applicant for licensure as a psychologist with the State Board of 
Examiners of Psychologists as required under Title 32, section 3833-B.
Sec. 2.  25 MRSA §1542-A, sub-§1, ¶BB is enacted to read:
BB.  Who is an applicant for licensure as a physical therapist or a physical therapy 
assistant with the Board of Examiners in Physical Therapy as required under Title 32, 
section 3114-D.
Sec. 3.  25 MRSA §1542-A, sub-§3, ¶Z is enacted to read:
Z.  The State Police shall take or cause to be taken the fingerprints of the person named 
in subsection 1, paragraph AA at the request of that person or the State Board of 
Examiners of Psychologists and upon payment of the fee by that person as required by 
Title 32, section 3833-B.
Sec. 4.  25 MRSA §1542-A, sub-§3, ¶AA is enacted to read:
AA.  The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph BB at the request of that person or the Board of 
Examiners in Physical Therapy and upon payment of the fee by that person as required 
by Title 32, section 3114-D.
Sec. 5.  32 MRSA §3114-D is enacted to read:
§3114-D.  Criminal history record information; fees
1.  Background check.  The board shall request a background check for each person 
who submits an application for initial licensure or licensure by endorsement as a physical 
therapist or a physical therapist assistant under this chapter. The background check must 
include criminal history record information obtained from the Maine Criminal Justice 
Information System, established in Title 16, section 631, and the Federal Bureau of 
Investigation. 
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.  An applicant shall submit to having fingerprints taken. The Department of Public 
Safety, Bureau of State Police, upon payment by the applicant of a fee established by 
the board, shall take or cause to be taken the applicant's fingerprints and shall forward 
the fingerprints to the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification so that the State Bureau of Identification can conduct state and 
national criminal history record checks. Except for the portion of the payment, if any, 
that constitutes the processing fee charged by the Federal Bureau of Investigation, all 
money received by the Bureau of State Police for purposes of this paragraph must be 
paid to the Treasurer of State. The money must be applied to the expenses of 
administration incurred by the Department of Public Safety.  Any person who fails to 
transmit criminal fingerprint records to the State Bureau of Identification pursuant to 
this paragraph is subject to the provisions of Title 25, section 1550.
D.  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. The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and federal criminal history record information of an applicant for a physical 
therapist or physical therapist assistant license may be used by the board for the purpose 
of screening the applicant. A board action against an applicant under this subsection is 
subject to the provisions of Title 5, chapter 341.
F.  Information obtained pursuant to this subsection is confidential. The results of 
background checks received by the board are for official use only and may not be 
disseminated to the physical therapy compact commission, established under section 
18708, or to any other person.
G.  An applicant whose license has expired and who has not applied for renewal may 
request in writing that the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification remove the applicant's fingerprints from the State Bureau of 
Identification's fingerprint file. In response to a written request, the bureau shall remove 
the applicant's fingerprints from the fingerprint file and provide written confirmation 
of that removal.
2.  Rules.  The board, following consultation with the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification, may adopt rules to implement this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.
Sec. 6.  32 MRSA §3833-B is enacted to read:
§3833-B.  Criminal history record information; fees
1.  Background check.  The board shall request a background check for each person 
who submits an application for initial licensure or licensure by endorsement as a 
psychologist under this chapter. The background check must include criminal history 
record information obtained from the Maine Criminal Justice Information System, 
established in Title 16, section 631, and the Federal Bureau of Investigation.
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.  An applicant shall submit to having fingerprints taken. The Department of Public 
Safety, Bureau of State Police, upon payment by the applicant of a fee established by 
the board, shall take or cause to be taken the applicant's fingerprints and shall forward 
the fingerprints to the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification so that the State Bureau of Identification can conduct state and 
national criminal history record checks. Except for the portion of the payment, if any, 
that constitutes the processing fee charged by the Federal Bureau of Investigation, all 
money received by the Bureau of State Police for purposes of this paragraph must be 
paid to the Treasurer of State. The money must be applied to the expenses of 
administration incurred by the Department of Public Safety.  Any person who fails to 
transmit criminal fingerprint records to the State Bureau of Identification pursuant to 
this paragraph is subject to the provisions of Title 25, section 1550.
D.  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. The subject of a state 
criminal history record check may inspect and review the criminal history record 
information pursuant to Title 16, section 709.
E.  State and federal criminal history record information of an applicant for a 
psychologist license may be used by the board for the purpose of screening the 
applicant. A board action against an applicant under this subsection is subject to the 
provisions of Title 5, chapter 341.
F.  Information obtained pursuant to this subsection is confidential. The results of 
background checks received by the board are for official use only and may not be 
disseminated to the Psychology Interjurisdictional Compact Commission, established 
under section 3850, or to any other person.
G.  An applicant whose license has expired and who has not applied for renewal may 
request in writing that the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification remove the applicant's fingerprints from the State Bureau of 
Identification's fingerprint file. In response to a written request, the bureau shall remove 
the applicant's fingerprints from the fingerprint file and provide written confirmation 
of that removal.
2.  Rules.  The board, following consultation with the Department of Public Safety, 
Bureau of State Police, State Bureau of Identification, may adopt rules to implement this 
section. Rules adopted pursuant to this subsection are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2-A.
SUMMARY
This bill requires the State Board of Examiners of Psychologists and the Board of 
Examiners in Physical Therapy to obtain national and state fingerprint-based criminal 
history record information for certain applicants for initial licensure and licensure by 
endorsement by each board.