An Act to Require
Maine Legislature, Session 132, LD 1854
Committee Amendment CA_A_H698 (House)
Amends: 25 MRSA §1542-A, 32 MRSA §2279-A, 32 MRSA §2594-G, 32 MRSA §3270-H, 32 MRSA §7052-A, 32 MRSA §13858-A

COMMITTEE AMENDMENT"~' to H.P. 1238, L.D. 1854, "An Act to Require 
the Board of Counseling Profession;ls Licensure, Board of Dental Practice, Board of 
Speech, Audiology and Hearing and Board of Occupational Therapy Practice to Obtain 
Fingerprint-based Federal Bureau of Investigation Criminal Background Checks for Initial 
Applicants and Licensees Seeking Compact Privileges" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Require the Board of Counseling Professionals Licensure, Board ofDental 
Practice, Board of Speech, Audiology and Hearing, Board of Occupational Therapy 
Practice, State Board of Social Worker Licensure, Board of Osteopathic Licensure 
and Board of Licensure in Medicine to Obtain Fingerprint-based Federal Bureau of 
Investigation Criminal Background Checks for Initial Applicants and Licensees 
Seeking Compact Privileges' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 25 MRSA §1542-A, sub-§1, 1cc is enacted to read: 
CC. Who is an applicant for licensure as an occupational therapist or an occupational 
therapy assistant with the Board of Occupational Therapy Practice. or who is a licensed 
occupational therapist or a licensed occupational therapy assistant seeking a compact 
privilege, as required under Title 32, section 2279-A. 
Sec. 2. 25 MRSA §1542-A, sub-§1, ~D'is enacted to read: 
DD. Who is an applicant for licensure as a physician assistant with the Board of 
Osteopathic Licensure, or who is a licensed physician assistant seeking a compact 
privilege. as required under Title 32, section 2594-G. 
Sec. 3. 25 MRSA §1542-A, sub-§1, ~Eis enacted to read: 
EE. Who is an applicant for licensure as a physician assistant with the Board of 
Licensure in Medicine, or who is a licensed physician assistant seeking a compact 
privilege, as required under Title 32, section 3270-H. 
COMMITTEE AMENDMENT 
~os 
COMMITTEE AMENDMENT" A• to H.P. 1238, L.D. 1854 
Sec. 4, 25 MRSA §1542-A, sub-§1, ,rFF is enacted to read: 
FF. Who is an ap_plicant for a multistate license with the State Board of Social Worker 
Licensure, as required under Title 32, section 7052-A. 
Sec, 5. 25 MRSA §1542-A, sub-§1, ,fGG is enacted to read: 
GG, Who is an applicant for licensure as a clinical professional counselor or a marriage 
and family therapist with the Board of Counseling Professionals Licensure, or who is 
a licensed clinical professional counselor or licensed marriage and family therapist 
seeking a compact privilege, as required under Title 32, section 13858-A. 
Sec, 6, 25 MRSA §1542-A, sub-§1, ~His enacted to read: 
HH. 
Who is an armlicant for licensure as an audiologist or a speech-language 
pathologist with the Board of Speech, Audiology and Hearing, or who is a licensed 
audiologist or licensed speech-language pathologist seeking a compact privilege, as 
required under Title 32, section 17301-A. 
Sec. 7. 25 MRSA §1542-A, sub-§1, ~I is enacted to read: 
II. Who is an applicant for licensure as a dentist or a dental hygienist with the Board 
of Dental Practice, or who is a licensed dentist or licensed dental hygienist seeking a 
compact privilege, as required under Title 32, section 18341-A. 
Sec. 8. 25 MRSA §1542-A, sub-§3, ,rBB is enacted to read: 
BB. The State Police shall take or cause to be talcen the fingetprints of the person 
named in subsection 1, paragraph CC at the request of that person or the Board of 
Occupational Therapy Practice and upon payment of the fee by that person as required 
by Title 32, section 2279-A. 
Sec. 9. 25 MRSA §1542-A, sub-§3, ,fCC is enacted to read: 
CC. The State Police shall take or cause to be taken the fingetprints of the person 
named in subsection 1, paragraph DD at the request of that person or the Board of 
Osteopathic Li censure and upon payment of the fee by that person as required by Title 
32, section 2594-G. 
Sec. 10. 25 MRSA §1542-A, sub-§3, ,OD is enacted to read: 
DD. The State Police shall take or cause to be taken the fingetprints of the person 
named in subsection 1, paragraph EE at the request of that person or the Board of 
Li censure in Medicine and upon payment of the fee by that person as required by Title 
32, section 3270-H. 
Sec, 11. 25 MRSA §1542-A, sub-§3, ,JEE is enacted to read: 
EE. The State Police shall take or cause to be taken the fingetprints of the person 
named in subsection 1, paragraph FF at the request of that person or the State Board of 
Social Worker Licensure and upon payment of the fee by that person as required by 
Title 32, section 7052-A. 
Sec. 12. 25 MRSA §1542-A, sub-§3, ,rFF is enacted to read: 
FF. The State Police shall talce or cause to be taken the fingetprints of the person named 
in subsection 1, paragraph GG at the request of that person or the Board of Counseling 
COMMITTEE AMENDMENT 
~as 
. CO:MMITTEE AMENDMENT "A" to H.P. 1238, L.D. 1854 
Professionals Licensure and upon payment of the fee by that person as required by Title 
32, section 13858-A. 
Sec. 13. 25 MRSA §1542-A, sub-§3, 1GG is enacted to read: 
GG. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph HH at the request of that person or the Board of 
Speech, Audiology and Hearing and upon payment of the fee by that person as required 
by Title 32, section 17301-A. 
Sec. 14. 25 MRSA §1542-A, sub-§3, ,r:HH is enacted to read: 
HH. The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph II at the request of that person or the Board of Dental 
Practice and upon payment of the fee by that person as required by Title 32, section 
18341-A. 
Sec. 15. 32 MRSA §2279-A is enacted to read: 
§2279-A. 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 an 
occupational therapist or an occupational therapy assistant under this chapter. The board 
shall request a background check for each licensed occupational therapist or licensed 
occupational therapy assistant who applies for an initial compact privilege and designates 
this State as the applicant's home state. 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 oflnvestigation. 
A. The criminal history record information obtained from the Maine Criminal Justice 
Information System must include 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 or licensee shall submit to having fingerprints taken. The Department 
of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of 
a fee established by the board, shall take or cause to be taken the applicant's or licensee'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 oflnvestigation, 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 
COMMITTEE AMENDMENT 
~os 
COMMITIBEAMENDMENT"A"toH.P. 1238, L.D.1854 
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 an 
occupational therapist or occupational therapy assistant license may be used by the 
board for the purpose of screening the applicant. State and federal criminal history 
record information of a licensed occupational therapist or licensed occupational 
therapy assistant seeking an initial compact privilege may be used by the board for the 
purpose of taking disciplinary action against the licensee. A board action against an 
applicant for licensure or a licensee 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 Occupational Therapy Compact Commission established under 
section 2294 or to any other person. 
G. An individual whose license has expired and who has not a;pplied for renewal may 
request in writing that the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification remove the individual's fingerprints from the bureau's 
fingerprint file. In response to a written request, the bureau shall remove the 
individual's fingerprints from the fmgerprint 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, 16. 32 MRSA §2594-G is enacted to read: 
§2594-G. Criminal history record information; fees 
1. Back2round check. The board shall request a background check for each ;person 
who submits an application for initial licensure or licensure by endorsement as a physician 
assistant under this chapter. The board shall request a background check for each licensed 
physician assistant who applies for an initial compact privilege and designates this State as 
the a;pplicant's participating state in accordance with chapter 145-A. 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 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 or licensee shall submit to having fingerprints taken. The Department 
of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of 
a fee established by the board, shall take or cause to be taken the applicant's or licensee'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 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT 'A" to H.P. 1238, L.D. 1854 
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 oflnvestigation, 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 fingei:print 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 oflnvestigation 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 physician 
assistant license may be used by the board for the purpose of screening the applicant. 
State and federal criminal history record information of a licensed physician assistant 
seeking an initial compact privilege may be used by the board for the purpose of taking 
disciplinary action against the licensee. A board action against an applicant for 
licensure or a licensee 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 Physician Assistants Licensure Compact Commission established 
under section 18537 or to any other person. 
G. An individual 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 individual's fingei:prints from the bureau's 
fingei:print file. In response to a written request, the bureau shall remove the 
individual's fingei:prints from the fingei:print 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. 17. 32 MRSA §3270-H is enacted to read: 
§3270-H. 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 physician 
assistant under this chapter. The board shall request a background check for each licensed 
physician assistant who applies for an initial compact privilege and designates this State as 
the applicant's participating state in accordance with chapter 145-A. 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. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A" to H.P. 1238, L.D. 1854 
A. The criminal history record information obtained from the Maine Criminal Justice 
Information System must include 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 or licensee shall submit to having fingerprints taken. The Department 
of Public Safety. Bureau of State Police, upon payment by the applicant or licensee of 
a fee established by the board, shall take or cause to be taken the applicant's or licensee'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 physician 
assistant license may be used by the board for the pu.i:pose of screening the applicant. 
State and federal criminal history record information of a licensed physician assistant 
seeking an initial compact privilege may be used by the board for the purpose of taking 
disciplinary action against the licensee. A board action against an applicant for 
licensure or a licensee 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 Physician Assistants Licensure Compact Commission established 
under section 18537 or to any other person. 
G. An individual 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 individual's fingerprints from the bureau's 
fmgerprint file. In response to a written request, the bureau shall remove the 
individual's fingerprints from the fmgerprint 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 ofldentification, 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. 
COMMITTEE AMENDMENT 
ROS 
COMMITIBE AMENDMENT "A "to H.P. 1238, L.D. 1854 
Sec, 18. 32 MRSA §7052-A is enacted to read: 
§7052-A. Criminal history record information; fees 
1. Background check. The board shall request a background check for each person 
who submits an application for a multistate license under subchapter 5. 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 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 or licensee 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 multistate 
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 Social Work Licensure Compact commission established under 
section 7091 or to any other person. 
G. An individual 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 individual's fingerprints from the bureau's 
fingerprint file. In response to a written request, the bureau shall remove the 
individual's fingerprints from the fingerprint file and provide written confirmation of 
that removal. 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT 'A" to H.P. 1238, L.D. 1854 
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. 19. 32 MRSA §13858-A is enacted to read: 
§13858-A. 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 clinical 
professional counselor or a marriage and family therapist under this chapter. The board 
shall request a background check for each licensed clinical professional counselor or 
licensed marriage and family therapist who applies for an initial compact privilege and 
designates this State as the applicant's home state. 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 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 or licensee shall submit to having fingetprints taken. The Department 
of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of 
a fee established by the board, shall take or cause to be taken the applicant's or licensee's 
fingerprints and shall forward the fingemrints 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 ofinvestigation, 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 clinical 
professional counselor license or a marriage and family therapist license may be used 
by the board for the PJ.U:Pose of screening the applicant. State and federal criminal 
history record information of a licensed clinical professional counselor or a licensed 
marriage and family therapist seeking an initial compact privilege may be used by the 
board for the purpose of taking disciplinary action against the licensee. A board action 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT 'A" to H.P. 1238, L.D. 1854 
against an applicant for licensure or a licensee 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 counseling compact commission established under section 18560 
or to any other person. 
G. An individual 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 individual's :fingemrints from the bureau's 
fingerprint file. In response to a written request, the bureau shall remove the 
individual's fingemrints from the fingemrint 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. 20. 32 MR.SA §17301-A is enacted to read: 
§17301-A. 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 an 
• audiologist or speech-language pathologist under this chapter. The board shall request a 
background check for each licensed audiologist or licensed speech-language pathologist 
who applies for an initial compact privilege and designates this State as the applicant's 
home state. 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 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 or licensee shall submit to having fingemrints taken. The Department 
of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of 
a fee established by the board, shall take or cause to be taken the applicant's or licensee's 
fingemrints and shall forward the fingemrints 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 fingemrint records to the State Bureau of 
Identification pursuant to this paragraph is subject to the provisions of Title 25. section 
1550, 
COMMITTEE AMENDMENT 
ROS 
COMMITTEE AMENDMENT "A" to H.P. 1238, L.D. 1854 
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 m;mlicant for an 
audiologist license or a speech-language pathologist license may be used by the board 
for the purpose of screening the applicant. State and federal criminal history record 
information of a licensed audiologist or licensed speech-language pathologist seeking 
an initial compact privilege may be used by the board for the pytpose of taking 
disciplinary action against the licensee. A board action against an applicant for 
licensure or a licensee 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 Audiology and Speech-Language Pathology Compact Commission 
established under section 17508 or to any other person. 
G. An individual whose license has expired and who has not applied for renewal may 
reguest in writing that the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification remove the individual's fingetprints from the bureau's 
fingerprint file. In response to a written request, the bureau shall remove the 
individual'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. 21. 32 MR.SA §18341-A is enacted to read: 
§18341-A. Criminal history record information; fees 
1. Back~round check. The board shall reguest a background check for each person 
who submits an application for initial licensure or licensure by endorsement as a dentist or 
a dental hygienist under this chapter. The board shall request a background check for each 
licensed dentist or licensed dental hygienist who a1;mlies for an initial compact privilege 
and designates this State as the applicant's home state. 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 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 or licensee shall submit to having fingerprints taken. The Department 
of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of 
a fee established by the board, shall take or cause to be taken the applicant's or licensee's 
COMMITTEE AMENDMENT 
RO~ .. 
COMMITTEE AMENDMENT "It to H.P. 1238, L.D. 1854 
fingetprints and shall forward the fingetprints 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 oflnvestigation, 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 fingetprint 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 dentist 
license or a dental hygienist license may be used by the board for the pumose of 
screening the applicant. State and federal criminal history record information of a 
licensed dentist or licensed dental hygienist seeking an initial compact privilege may 
be used by the board for the purpose of taking disciplinary action against the licensee. 
A board action against an applicant for licensure or a licensee 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 dentist and dental hygienist compact commission established under 
section 1843 8 or to any other person. 
G. An individual whose license has expired and who has not applied for renewal may 
reguest in writing that the Department of Public Safety, Bureau of State Police, State 
Bureau of Identification remove the individual's fingetprints from the bureau's 
fingerprint file. In response to a written reguest, the bureau shall remove the 
individual's fingerprints from the fingetprint 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment adds language to the bill that also requires the Board of Licensure in 
Medicine, the Board of Osteopathic Licensure and the Department of Professional and 
Financial Regulation, Office of Professional and Occupational Regulation, State Board of 
Social Worker Licensure to obtain national and state fingerprint-based criminal history 
record information for applicants for initial licensure and licensure by endorsement and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT 'Pr" to H.P. 1238, L.D. 1854 
applicants seeking a compact privilege or multistate license pursuant to an interstate 
compact. 
FISCAL NOTE REQIDRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 05/27/25 L-RL-
LD 1854 
LR 633(02) 
An Act to Require the Board of Counseling Professionals Licensure, Board of Dental Practice, Board 
of Speech, Audiology and Hearing _and Board of Occupational Therapy Practice to Obtain Fingerprint-
based Federal Bureau of Investigation Criminal Background <::hecks for Initial Applicants and 
Licensees Seeking Compact Privileges 
Fiscal Note for Bill as Amended by Committee Amendment "A'' (t-J-~9? J 
Fiscal Detail and Notes 
Committee: Health Coverage, Insurance and Financial Servi~ 
• 
Fiscal Note Required: Yes 
Fiscal Note 
Minor cost increase - General Fund 
Mip.or cost increase - Highway Fund 
Minor cost increase - Other Special Revenue Funds 
Minor revenue increase - General Fund 
Minor revenue increase - Other Special Revenue Funds 
Additional costs to the boards impacted by this legislation associated with the rnlemaldng process can be absorbed 
within existing budgeted resources. 
Any additional costs to the Department of Public Safety from performing adclitional background checks are expected 
to be minor and can be absorbed within existing budgeted resources. 
Any increase in revenue to the Department of Public Safety and the General Fund from background check fees are 
expected to be minor. 
LR0633(02) - Fiscal Note - Page 1 of 1