An Act to Require the Board of Counseling Professionals Licensure,
Maine Legislature, Session 132, LD 1854
Committee: Health Coverage, Insurance and Financial Services
Sponsors: MATHIESON
Amends: 25 MRSA §1542-A, 32 MRSA §2279-A, 32 MRSA §13858-A, 32 MRSA §17301-A, 32 MRSA §18341-A

Legislative Document
No. 1854
H.P. 1238
House of Representatives, April 30, 2025
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 
Checks for Initial Applicants and Licensees Seeking Compact 
Privileges
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204.
Reference to the Committee on Health Coverage, Insurance and Financial Services 
suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative MATHIESON of Kittery.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  25 MRSA §1542-A, sub-§1, ¶CC 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, ¶DD is enacted to read:
DD.  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. 3.  25 MRSA §1542-A, sub-§1, ¶EE is enacted to read:
EE.  Who is an applicant 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. 4.  25 MRSA §1542-A, sub-§1, ¶FF is enacted to read:
FF.  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. 5.  25 MRSA §1542-A, sub-§3, ¶BB is enacted to read:
BB.  The State Police shall take or cause to be taken the fingerprints 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. 6.  25 MRSA §1542-A, sub-§3, ¶CC is enacted to read:
CC.  The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph DD at the request of that person or the Board of 
Counseling Professionals Licensure and upon payment of the fee by that person as 
required by Title 32, section 13858-A.
Sec. 7.  25 MRSA §1542-A, sub-§3, ¶DD is enacted to read:
DD.  The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph EE 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. 8.  25 MRSA §1542-A, sub-§3, ¶EE is enacted to read:
EE.  The State Police shall take or cause to be taken the fingerprints of the person 
named in subsection 1, paragraph FF 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. 9.  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 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 
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 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 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.
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. 10.  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 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 clinical 
professional counselor license or a marriage and family therapist license may be used 
by the board for the purpose 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 
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 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.
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. 11.  32 MRSA §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 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 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 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 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 
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.
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. 12.  32 MRSA §18341-A is enacted to read:
§18341-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 dentist or 
a dental hygienist under this chapter.  The board shall request a background check for each 
licensed dentist or licensed dental hygienist 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 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 dentist 
license or a dental hygienist license may be used by the board for the purpose 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 18438 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.
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 Department of Professional and Financial Regulation, Office of 
Professional and Occupational Regulation, Board of Counseling Professionals Licensure, 
Board of Dental Practice, Board of Speech, Audiology and Hearing and Board of 
Occupational Therapy Practice to obtain national and state fingerprint-based criminal 
history record information for certain applicants for initial licensure and licensure by 
endorsement by each board as well as for those licensees seeking a compact privilege who 
have designated this State as the applicant's home state.