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MaineLD 1157132nd Maine Legislature (2025-2026)HouseWALLET

An Act to Amend the Laws Relating to the State's Background Check Center

Sponsored By: Daniel Shagoury (Democratic)

Became Law

HEALTH CARE PERSONNELHEALTH CARE PERSONNEL - DIRECT CARE WORKERS

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 1 benefits, 0 costs, 5 mixed.

Disqualifying crimes and waiver reviews

The Background Check Center applies set bars for certain crimes: 5, 10, or 30 years, and some health‑care related crimes can bar work for life. You can request a waiver to show you do not pose a risk. Waiver rules consider time since the offense, rehabilitation, and how the offense relates to the job; any waiver applies only to the employer that requests it. The law also defines a “grandfathered employee” as someone employed before October 1, 2023 who has not previously submitted biometric data.

Fingerprint checks and ongoing monitoring

Beginning October 1, 2024, providers must use biometric background checks when that system is available for their provider type. State police take fingerprints, check state records, and send prints to the FBI if needed. Records stay with the state and the FBI, and private companies cannot get the criminal records. The state runs ongoing “rap back” alerts when a new disqualifying event occurs. The Bureau serves as the noncriminal justice submitting entity for this monitoring.

More jobs count as direct access

The law expands who counts as a direct access worker. It now covers people who handle a client’s property, personal or financial data, or medical records, and those with physical access to clients. It covers paid staff, temp contractors, and unsupervised volunteers or students. It lists many roles, like doctors, nurses, therapists, CNAs, support, and facilities staff. People who are supervised or who only do deliveries or repairs without unsupervised access are not included.

Standard background check reports for hiring

The Background Check Center creates one standard report for each person. Reports show if the person is eligible or ineligible to hire. They list state offenses, including charges without a final court outcome, and note federal disqualifying flags without details. They also include registry findings. Employers can make contingent job offers after an initial non‑disqualifying report and withdraw the offer if the final report disqualifies the person.

More health and housing providers covered

The law adds hospitals, assisted housing, and home and community-based service agencies to the background check system. It defines which entities count as providers under these rules. Substance use treatment agencies are included, and those agencies can use the Background Check Center. The law also removes an older paragraph from the access list to update the statute. More settings now must run checks to protect residents and patients.

Your rights to appeal and consent

Employers must get your informed, signed consent before sharing your records for checks and monitoring. You can challenge and correct Background Check Center records under state rules. You can see your state criminal history and learn how to get your FBI record to fix errors.

Sponsors & Cosponsors

Sponsor

  • Daniel Shagoury

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

No roll call votes available for this bill.

Actions Timeline

  1. ACTPUB Chapter 243

    5/1/2026

  2. PASSED TO BE ENACTED, in concurrence.

    6/3/2025Senate

  3. PASSED TO BE ENACTED. Sent for concurrence. ORDERED SENT FORTHWITH.

    6/3/2025House

  4. Report READ and ACCEPTED, in concurrence.READ ONCE.Committee Amendment "A" (H-342) READ and ADOPTED, in concurrence.Under suspension of the Rules, READ A SECOND TIME and PASSED TO BE ENGROSSED AS AMENDED BY Committee Amendment "A" (H-342), in concurrence.Ordered sent down forthwith.

    6/2/2025Senate

  5. CONSENT CALENDAR - FIRST DAYUnder suspension of the rules CONSENT CALENDAR - SECOND DAY.The Bill was PASSED TO BE ENGROSSED as Amended by Committee Amendment "A" (H-342).Sent for concurrence. ORDERED SENT FORTHWITH.

    6/2/2025House

  6. Carried over, in the same posture, to the next special or regular session of the 132nd Legislature, pursuant to Joint Order SP 519.

    3/21/2025House

  7. The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES in concurrence

    3/20/2025Senate

  8. Committee on Health and Human Services suggested and ordered printed. The Bill was REFERRED to the Committee on HEALTH AND HUMAN SERVICES.Sent for concurrence. ORDERED SENT FORTHWITH.

    3/20/2025House

Bill Text

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