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)

Signed by Governor

HEALTH CARE PERSONNELHEALTH CARE PERSONNEL - DIRECT CARE WORKERS

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 0 benefits, 0 costs, 3 mixed.

Hiring bans and waivers for workers

The Background Check Center sets disqualifying offense terms of 5, 10, or 30 years, and lifetime for offenses in health care settings. Reports must say if a person is eligible or not, list all state offenses (even charges without a final outcome), show that any federal disqualifying offense exists without details, and include registry disqualifications. A completed report in the Center alerts a provider when a conviction may disqualify someone. Some job offers can be contingent on an initial clean report, and an employer can withdraw the offer if the final report is disqualifying. If you are found ineligible, you can seek a waiver; rules consider time passed, special circumstances, rehabilitation, job relevance, and employer safety findings, and any waiver applies only to that one employer. You can review your state record and get your FBI record, and you can challenge errors.

Biometric checks and employer portal rules

The Background Check Center runs an online portal for employers to start checks and get reports. When biometric checks are available for a provider type, employers must submit biometric data for each direct access worker; only employees hired before that date who never gave biometrics are grandfathered. State Police take fingerprints and run state checks; if no state record is found, prints go to the FBI. The Center receives results, and criminal records may not be shared with private entities. Employers must get a person’s signed, informed consent before sharing information for the check. The state can enroll workers in ongoing “rap‑back” monitoring to alert employers when new criminal events occur.

More workers must pass background checks

The law widens who counts as a direct access worker and who must be checked. It now covers many clinical, support, admin, and facility jobs, plus independent contractors, temporary agency staff, unsupervised volunteers, and students. It includes providers that deliver services in facilities, homes, and the community, and it adds licensed home and community-based service agencies. Direct access also includes access to property, personal data, money, and medical records, not just Medicare or Medicaid cases. People who are supervised while interacting with clients and oversight roles like auditors and ombudsmen are not included. The law also removes an older subsection to align with these expanded rules.

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. Signed by Governor, ACTPUB Chapter 243

    6/10/2025
  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

  • Amendment C-A (H-342), adopted by House & Senate

  • Enacted

  • Introduced

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