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. [PL 2025, c. 366, §15 (NEW).] B. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information. [PL 2025, c. 366, §15 (NEW).] 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. [PL 2025, c. 366, §15 (NEW).] 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. [PL 2025, c. 366, §15 (NEW).] 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 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. [PL 2025, c. 366, §15 (NEW).] 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. [PL 2025, c. 366, §15 (NEW).] 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. [PL 2025, c. 366, §15 (NEW).] [PL 2025, c. 366, §15 (NEW).] 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. [PL 2025, c. 366, §15 (NEW).]
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