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STATE OF MAINE
_____
IN THE YEAR OF OUR LORD
TWO THOUSAND TWENTY-FIVE
_____
H.P. 1238 - L.D. 1854
An Act to Require the Board of Counseling Professionals Licensure, Board of
Dental 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
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 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, ¶EE is 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.
Sec. 4. 25 MRSA §1542-A, sub-§1, ¶FF is enacted to read:
FF. Who is an applicant 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, ¶GG 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
APPROVED
JUNE 18, 2025
BY GOVERNOR
CHAPTER
366
PUBLIC LAW
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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, ¶HH is enacted to read:
HH. 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. 7. 25 MRSA §1542-A, sub-§1, ¶II 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, ¶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. 9. 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
Osteopathic Licensure 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, ¶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
Licensure 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, ¶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 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, ¶FF is enacted to read:
FF. The State Police shall take or cause to be taken the fingerprints of the person named
in subsection 1, paragraph GG 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. 13. 25 MRSA §1542-A, sub-§3, ¶GG 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
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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, ¶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 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
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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. 16. 32 MRSA §2594-G is enacted to read:
§2594-G. 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.
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.
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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 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 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. 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.
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.
Page 6 - 132LR0633(03)
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 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 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. 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
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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.
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
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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
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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. 20. 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
Page 10 - 132LR0633(03)
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. 21. 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
Page 11 - 132LR0633(03)
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.