An Act To Amend the Law Regarding Maine's Background Check Center
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.