Sec. 1. 34-B MRSA §1222 is enacted to read:

§1222.__Criminal history record information

1.__Record check requirement.__Beginning July 1, 1999, the department and any facility that is licensed by the department or that provides services directly or indirectly funded by the department, referred to in this section as "any facility or entity," shall perform checks for state and federal criminal history record information as provided in this section.

A.__Checks must be performed on all contractors, grantees and independent contractors, referred to in this section as "employees," who provide direct care to clients of the department.

B.__Checks must be performed on all persons applying to be employees, contractors, grantees or independent contractors, referred to in this section as "prospective employees," who may provide direct care to clients of the department.

C.__Checks must be performed through the State Bureau of Identification.

D.__Checks must be performed at the expense of the department or facility or entity required to perform the check.

E. The employee or prospective employee must submit 2 fingerprint cards bearing legible rolled and flat impressions of the person's own fingerprints prepared by a state, county or municipal law enforcement agency.

F.__The fingerprint cards must be sent to the department for forwarding to the State Bureau of Identification.

2.__Exclusion from employment.__Employees and prospective employees who refuse to submit to a check or who do not present usable fingerprint cards under subsection 1, paragraph E may not be employed by the department or any facility or entity in any direct care capacity.

3.__Probationary employment.__Employees and prospective employees may be employed on a probationary status pending the completion of the criminal history record check.

4.__Reliance on record check. The department and any facility or entity may rely on information provided by the State Bureau of Identification and the Federal Bureau of Investigation