An Act To Protect Licensing Information of Medical Professionals
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 32 MRSA §2109-A is enacted to read:
§ 2109-A. Inspection or copying of record; procedure
1. Request for licensing file; redaction. When the board receives a request to inspect or copy all or part of the licensing file of an applicant or licensee, the board shall redact information that is not public before making the file available for inspection or copying.
2. Notice and opportunity to review. When the board acknowledges a request to inspect or copy an applicant's or a licensee's licensing file as required by Title 1, section 408-A, subsection 3, the board shall send a notice to the applicant or licensee at the applicant's or licensee's last address on file with the board explaining that the request has been made and that the applicant or licensee may review the redacted licensing file before it is made available for inspection or copying. The applicant or licensee has 10 business days from the date the board sends the notice to request the opportunity to review the redacted licensing file. If the applicant or licensee so requests, the board shall send a copy of the redacted licensing file to the applicant or licensee for review. The board shall make the redacted licensing file available to the requester for inspection and copying 10 business days after sending the redacted licensing file to the applicant or licensee for review unless the board receives a petition from the applicant or licensee under subsection 4.
3. Reasonable costs. Reasonable costs related to the review of a licensing file by the applicant or licensee are considered part of the board's costs to make the redacted licensing file available for inspection and copying under subsection 2 and may be charged to the requester.
4. Action based on personal safety. An applicant or licensee may petition the board to withhold the release of all or part of a licensing file under subsection 2 based on the potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party if the file is disclosed to the public. The applicant or licensee must petition the board to withhold all or part of the licensing file within 10 business days after the board sends the applicant or licensee the redacted licensing file. The petition must include an explanation of the potential safety risks and a list of items requested to be withheld. Within 30 days of receiving the petition, the board shall notify the applicant or licensee of its decision on the petition.
Sec. 2. 32 MRSA §2600-D is enacted to read:
§ 2600-D. Inspection or copying of record; procedure
1. Request for licensing file; redaction. When the board receives a request to inspect or copy all or part of the licensing file of an applicant or licensee, the board shall redact information that is not public before making the file available for inspection or copying.
2. Notice and opportunity to review. When the board acknowledges a request to inspect or copy an applicant's or a licensee's licensing file as required by Title 1, section 408-A, subsection 3, the board shall send a notice to the applicant or licensee at the applicant's or licensee's last address on file with the board explaining that the request has been made and that the applicant or licensee may review the redacted licensing file before it is made available for inspection or copying. The applicant or licensee has 10 business days from the date the board sends the notice to request the opportunity to review the redacted licensing file. If the applicant or licensee so requests, the board shall send a copy of the redacted licensing file to the applicant or licensee for review. The board shall make the redacted licensing file available to the requester for inspection and copying 10 business days after sending the redacted licensing file to the applicant or licensee for review unless the board receives a petition from the applicant or licensee under subsection 4.
3. Reasonable costs. Reasonable costs related to the review of a licensing file by the applicant or licensee are considered part of the board's costs to make the redacted licensing file available for inspection and copying under subsection 2 and may be charged to the requester.
4. Action based on personal safety. An applicant or licensee may petition the board to withhold the release of all or part of a licensing file under subsection 2 based on the potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party if the file is disclosed to the public. The applicant or licensee must petition the board to withhold all or part of the licensing file within 10 business days after the board sends the applicant or licensee the redacted licensing file. The petition must include an explanation of the potential safety risks and a list of items requested to be withheld. Within 30 days of receiving the petition, the board shall notify the applicant or licensee of its decision on the petition.
Sec. 3. 32 MRSA §3300-G is enacted to read:
§ 3300-G. Inspection or copying of record; procedure
1. Request for licensing file; redaction. When the board receives a request to inspect or copy all or part of the licensing file of an applicant or licensee, the board shall redact information that is not public before making the file available for inspection or copying.
2. Notice and opportunity to review. When the board acknowledges a request to inspect or copy an applicant's or a licensee's licensing file as required by Title 1, section 408-A, subsection 3, the board shall send a notice to the applicant or licensee at the applicant's or licensee's last address on file with the board explaining that the request has been made and that the applicant or licensee may review the redacted licensing file before it is made available for inspection or copying. The applicant or licensee has 10 business days from the date the board sends the notice to request the opportunity to review the redacted licensing file. If the applicant or licensee so requests, the board shall send a copy of the redacted licensing file to the applicant or licensee for review. The board shall make the redacted licensing file available to the requester for inspection and copying 10 business days after sending the redacted licensing file to the applicant or licensee for review unless the board receives a petition from the applicant or licensee under subsection 4.
3. Reasonable costs. Reasonable costs related to the review of a licensing file by the applicant or licensee are considered part of the board's costs to make the redacted licensing file available for inspection and copying under subsection 2 and may be charged to the requester.
4. Action based on personal safety. An applicant or licensee may petition the board to withhold the release of all or part of a licensing file under subsection 2 based on the potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party if the file is disclosed to the public. The applicant or licensee must petition the board to withhold all or part of the licensing file within 10 business days after the board sends the applicant or licensee the redacted licensing file. The petition must include an explanation of the potential safety risks and a list of items requested to be withheld. Within 30 days of receiving the petition, the board shall notify the applicant or licensee of its decision on the petition.
SUMMARY
This bill allows applicants and licensees of the State Board of Nursing, the Board of Osteopathic Licensure and the Board of Licensure in Medicine to review their own redacted licensing files before the respective board makes the file available for inspection or copying after the licensing file has been requested.
The board must notify the applicant or licensee of the request to view the file at the same time the board acknowledges the request under the Freedom of Access Act. The board must use the most recent address on file for that applicant or licensee. If the applicant or licensee would like to review the redacted file before it is made publicly available, the applicant or licensee must notify the board within 10 business days. If requested by the applicant or licensee, the board must send a copy of the redacted file to the applicant or licensee, and the applicant or licensee has 10 business days from when the file is sent to stop the release of all or a part of the redacted licensing file by petitioning the board to withhold release of all or a part of the file because making all or part of the redacted file available to the public creates a potential risk to the personal safety of the applicant or licensee or any 3rd party.