32 M.R.S. § 18710 — ME Code / Title 32 / Chapter 149 / Section 18710
32 §18710. Rulemaking (WHOLE SECTION TEXT EFFECTIVE 1/01/26)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 1/01/26)

1. Powers. The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted thereunder. Rules and amendments become binding as of the date specified in each rule or amendment. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

2. Rule rejection. If a majority of the legislatures of the member states rejects a rule, by enactment of a law or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, then that rule has no further force and effect in any member state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

3. Rule adoption procedure. Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

4. Notice. Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: A. On the website of the commission or other publicly accessible platform; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. On the website of each member state physical therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

5. Notice requirements. The notice of proposed rulemaking must include: A. The proposed time, date and location of the meeting in which the rule will be considered and voted upon; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. The text of the proposed rule or amendment and the reason for the proposed rule; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] C. A request for comments on the proposed rule from any interested person; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] D. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

6. Public comment. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which must be made available to the public. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

7. Public hearing. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: A. At least 25 persons; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. A state or federal governmental subdivision or agency; or [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] C. An association having at least 25 members. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

8. Hearing notice. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. A. All persons wishing to be heard at the hearing must notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. Hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] C. All hearings must be recorded. A copy of the recording must be made available on request. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] D. Nothing in this section may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

9. Consideration. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

10. Proceeding without public hearing. If no written notice of intent to attend the public hearing by interested parties is received, the commission may proceed with promulgation of the proposed rule without a public hearing. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

11. Final action. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

12. Emergency rulemaking. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, as long as the usual rule-making procedures provided in the compact and in this section are retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, "emergency rule" means a rule that must be adopted immediately in order to: A. Meet an imminent threat to public health, safety or welfare; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. Prevent a loss of commission or member state funds; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] C. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] D. Protect public health and safety. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

13. Rule revisions. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions must be posted on the website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
32 M.R.S. § 15203 — ME Code / Title 32 / Chapter 133 / Section 15203
32 §15203. Retroactive effect; exception
Status: in_force

This chapter may not be construed to prevent the use or sale of elevators in this State that were being used or installed prior to January 1, 1950 and that have been made to conform to the rules of the director covering existing installations and must be inspected as provided for in this chapter. [PL 2013, c. 70, Pt. D, §6 (AMD).]

This chapter does not apply to elevators or tramways on reservations of the Federal Government, to elevators used for agricultural purposes on farms or to elevators located or maintained in private residences, as long as they are exclusively for private use. [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).]
32 M.R.S. § 15101-A — ME Code / Title 32 / Chapter 131 / Section 15101-A
32 §15101-A. Declaration of policy
Status: in_force

It is the policy of the State to protect its citizens from unnecessary mechanical hazards in the operation of boilers and pressure vessels and to ensure that reasonable design and construction are used, that accepted safety devices and sufficient personnel are provided and that periodic maintenance, inspections and adjustments considered essential for the safe operation of boilers and pressure vessels are made. The responsibility for design, construction, maintenance and inspection rests with the firm, person, partnership, association, corporation or company that owns boilers and pressure vessels. [PL 2013, c. 70, Pt. C, §6 (NEW).]
32 M.R.S. § 11040 — ME Code / Title 32 / Chapter 109-A / Section 11040
32 §11040. Penalty
Status: in_force

Any person who carries on business as a debt collector without first obtaining a license pursuant to this subchapter, or who carries on that business after the revocation, suspension or expiration of any license, or who performs duties relating to the conduct of a debt collector on behalf of another person as an officer, director, employee, agent or in any other capacity, unless the other person has first obtained a license which has not expired, but been revoked nor suspended is guilty of a Class E crime. [PL 1985, c. 702, §2 (NEW).]
32 M.R.S. § 3270-A — ME Code / Title 32 / Chapter 48 / Section 3270-A
32 §3270-A. Assistants; delegating authority
Status: in_force

This chapter may not be construed as prohibiting a physician or surgeon from delegating to the physician's or surgeon's employees or support staff certain activities relating to medical care and treatment carried out by custom and usage when the activities are under the control of the physician or surgeon; the activities being delegated do not, unless otherwise provided by law, require a license, registration or certification to perform; the physician or surgeon ensures that the employees or support staff have the appropriate training, education and experience to perform these delegated activities; and the physician or surgeon ensures that the employees or support staff perform these delegated activities competently and safely. The physician delegating these activities to employees or support staff, to program graduates or to participants in an approved training program is legally liable for the activities of those individuals, and any individual in this relationship is considered the physician's agent. This section may not be construed to apply to registered nurses acting pursuant to chapter 31 and licensed physician associates acting pursuant to this chapter and chapter 36 . [PL 2023, c. 132, §4 (AMD); PL 2025, c. 316, §3 (REV).]

When the delegated activities are part of the practice of optometry as defined in chapter 151 , then the individual to whom these activities are delegated must possess a valid license to practice optometry in Maine, or otherwise may perform only as a technician within the established office of a physician, and otherwise acting solely on the order of and under the responsibility of a physician skilled in the treatment of eyes as designated by the proper professional board, and without assuming evaluation or interpretation of examination findings by prescribing corrective procedures to preserve, restore or improve vision. [PL 2023, c. 580, §6 (AMD).]
32 M.R.S. § 7053 — ME Code / Title 32 / Chapter 83 / Section 7053
32 §7053. Qualifications
Status: in_force

To be eligible for a license to practice social work at any level, an applicant must be at least 18 years of age and must satisfactorily pass any examination as the board may prescribe by its rules. Each applicant must demonstrate trustworthiness and competence to engage in the practice of social work in such a manner as to safeguard the interests of the public. Applications for licensure must be submitted to the board together with the fee as set under section 7056 . [PL 2007, c. 402, Pt. V, §7 (AMD).]

The following shall be considered as minimum evidence satisfactory to the board that an applicant is qualified for licensure under this chapter. [PL 1985, c. 736, §11 (AMD).]

1. Licensed clinical social worker. To be qualified as a licensed clinical social worker, an applicant shall have demonstrated to the satisfaction of the board adherence to the ethics of the social work profession; shall have successfully completed the examination prescribed by the board; and shall have received either: A. A master's or doctoral degree in social work or social welfare from an accredited educational institution in a clinical concentration and: (1) Shall have subsequently completed 2 years of social work experience with 96 hours of consultation in a clinical setting; or (2) Shall have demonstrated 2 years of full-time clinical social work experience or its equivalent and have completed the graduate degree prior to January 1, 1987 and have completed 2 years of subsequent social work experience with 96 hours of consultation in a private setting; or [PL 2013, c. 262, §3 (AMD).] B. A master's or doctoral degree in social work in a nonclinical concentration from an accredited educational institution and: (1) Shall have subsequently completed 4 years of social work experience with 192 hours of consultation in a clinical setting; or (2) Shall have demonstrated 2 years of full-time clinical social work experience or its equivalent and have completed the graduate degree prior to January 1, 1987 and have completed 4 years of subsequent social work experience with 192 hours of consultation in a private setting. [PL 2013, c. 262, §3 (AMD).] The board may waive up to one year of the post-master of social work, clinical experience requirement pursuant to this subsection for those candidates who demonstrate to the satisfaction of the board equivalent clinical experience prior to receiving the master's degree in social work. The board shall issue rules in accordance with Title 5, chapter 375 defining the clinical experience required for this level of licensure. Beginning January 1, 2020, an applicant for initial licensure shall demonstrate to the satisfaction of the board successful completion of a minimum of 12 hours of course work in family or intimate partner violence, including course work in spousal or partner abuse that addresses screening, referral and intervention strategies, including knowledge of community resources, cultural factors, evidence-based risk assessment and same-gender abuse dynamics. An applicant may fulfill this requirement through course work taken in fulfillment of other educational requirements for licensure or through separate course work provided through contact hours, Internet hours or distance learning programs, as evidenced by certification from an accredited educational institution. The board shall accept certification from the accredited educational institution from which the applicant is a graduate that verifies the applicant's satisfaction of this requirement within the applicant's completed course curriculum. An applicant for initial licensure that is unable to demonstrate completion of the requirement of 12 hours of course work at the time the initial application is submitted shall demonstrate to the board that this requirement has been fulfilled upon the applicant's first application for license renewal. [PL 2013, c. 262, §3 (AMD).]

2. Licensed master social worker. [PL 2003, c. 211, §1 (AMD); MRSA T. 32 §7053, sub-§2 (RP).]

2-A. Licensed master social worker. As a licensed master social worker, an applicant must have received either a masters or doctoral degree in social work or social welfare from an accredited educational institution, must have demonstrated to the satisfaction of the board adherence to the ethics of the social work profession and must have successfully completed the examination prescribed by the board. After meeting these qualifications, the applicant must receive a "licensed master social worker" license. In addition, any person wishing to practice social work in a clinical setting must receive a "licensed master social worker, conditional" license. This subsection takes effect July 1, 2005. [PL 2003, c. 211, §2 (NEW).]

3. Requirements to be a licensed social worker. To be qualified to be licensed as a social worker an applicant must meet one of the following requirements: A. The applicant must have received a bachelor's degree or higher in social work or social welfare from an accredited educational institution; demonstrated to the satisfaction of the board adherence to the ethics of the social worker profession; and successfully completed the examination prescribed by the board; or [PL 2009, c. 112, Pt. A, §13 (AMD).] B. The applicant must have received a conditional license as a licensed social worker in accordance with subsection 3‑B ; completed the requirements for consultation and contact hours in accordance with subsection 3‑C, paragraph B and subsection 3‑D ; and successfully completed the examination prescribed by the board. [PL 2003, c. 429, §2 (AMD); PL 2003, c. 429, §7 (AFF).] [PL 2009, c. 112, Pt. A, §13 (AMD).]

3-A. Requirements for licensed social worker after September 30, 2003. [PL 2003, c. 429, §3 (RP); PL 2003, c. 429, §7 (AFF).]

3-B. Conditional license as a licensed social worker. The board may issue a conditional license as a licensed social worker to an applicant who provides to the board: A. Documented proof of a bachelor's degree or higher in a field that is sufficiently related to social work or social welfare, as determined by the board; and [PL 2009, c. 112, Pt. A, §14 (AMD).] B. Any documentation as required by the board, which may include, but is not limited to: (1) Evidence of employment in a social service delivery field; and (2) Evidence of an arrangement of consultation to be provided in accordance with subsection 3‑C, paragraph B . [PL 2013, c. 217, Pt. J, §4 (AMD).] [PL 2013, c. 217, Pt. J, §4 (AMD).]

3-C. Consultation requirements for licensed social workers and conditionally licensed social workers. A licensed social worker or conditionally licensed social worker must complete the following requirements for consultation. A. A licensed social worker must complete a minimum of 96 hours of consultation as determined by the board. This consultation must be concurrent with the first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years. [PL 2003, c. 429, §4 (NEW); PL 2003, c. 429, §7 (AFF).] B. A person who receives a conditional license as a licensed social worker on or after January 1, 2004 must complete the following requirements for consultation. (1) A person who is not an employee of the Department of Health and Human Services must complete a minimum of 96 hours of consultation as determined by the board. This consultation must be concurrent with the first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years. For purposes of fulfilling the requirement of 96 hours of consultation during the first 3,200 hours of social work employment, a licensed social worker who practiced social work and obtained social work consultation hours in a long-term care setting and who held a valid license as of September 13, 2003 may count consultation hours that were obtained prior to August 3, 2004, whether the consultation hours were obtained in individual or group settings, if the consultation was provided by a licensed social worker, regardless of the group size and the eligibility requirements of the consulting licensed social worker. (2) A person who is an employee of the Department of Health and Human Services must complete a minimum of 96 hours of consultation with a licensed social worker who has been licensed for at least 4 years or a licensed master social worker. This consultation must be concurrent with the first 3,200 hours of social work employment occurring in a period of not less than 2 years but not more than 4 years. [PL 2005, c. 173, §1 (AMD).] [PL 2005, c. 173, §1 (AMD).]

3-D. Contact hours for conditionally licensed social workers. A person who receives a conditional license as a licensed social worker on or after January 1, 2004 must complete, within the first 2 years of licensure, contact hours, as that term is defined by the board, in an amount set by the board. Of these contact hours required by the board, 6 hours must be on the subject of social work ethics and 6 hours must be on the subject of psychosocial assessment. [PL 2003, c. 429, §4 (NEW); PL 2003, c. 429, §7 (AFF).]

4. Associate social worker. [PL 1985, c. 736, §11 (RP).]

Any person having the necessary qualifications prescribed in this chapter to entitle that person to licensure as a licensed clinical, licensed master or licensed social worker is eligible for that license though that person may not be practicing that person's profession at the time of making the application. [RR 2013, c. 2, §39 (COR).]
32 M.R.S. § 16529 — ME Code / Title 32 / Chapter 135 / Section 16529
32 §16529. Claimant convicted of forgery, fraud, deception or falsification forfeits restitution assistance award; recovery
Status: in_force

1. Conviction in connection with claim. A claimant convicted of any crime involving forgery, fraud, deception or falsification in connection with a claim made under this subchapter forfeits any restitution assistance award paid to the claimant under this subchapter. [PL 2021, c. 576, §1 (NEW).]

2. Civil action for recovery. The administrator may request that the Attorney General bring a civil action in accordance with section 16603 to recover funds awarded to a claimant convicted of any crime involving forgery, fraud, deception or falsification in connection with a claim made under this subchapter. [PL 2021, c. 576, §1 (NEW).]
32 M.R.S. § 224-B — ME Code / Title 32 / Chapter 3-A / Section 224-B
32 §224-B. Continuing education for licensed architects
Status: in_force

1. Requirement. Beginning July 1, 2026, as a prerequisite to renewal of a licensed architect's license under section 224 , an applicant shall satisfactorily complete continuing education courses, programs or activities each year in the area of health, safety and welfare as set forth by rules adopted by the board. The rules must require an applicant to complete not less than 12 hours of approved health, safety and welfare continuing education as a condition of renewal. An applicant may not repeat for credit the same continuing education course, program or activity within a license renewal cycle. An applicant is responsible for maintaining evidence of that applicant's continuing education hours and shall submit such evidence of continuing education hours to the board upon renewal of that applicant's license. [PL 2025, c. 318, §1 (NEW).]

2. Exemption. An architect who receives an initial license to practice architecture from any jurisdiction, including a foreign jurisdiction, is exempt from the requirements of subsection 1 for 2 years from the date of issuance of that initial license, as long as the architect has not been previously licensed by any jurisdiction, including a foreign jurisdiction, for a period of 2 or more years. [PL 2025, c. 318, §1 (NEW).]

3. Program approval. Each application for approval of a continuing education course, program or activity must be submitted to the board annually according to the rules adopted by the board together with any fees required pursuant to section 222 . [PL 2025, c. 318, §1 (NEW).]

4. Rulemaking. The board shall adopt rules necessary to carry out this section. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 318, §1 (NEW).]
32 M.R.S. § 18375 — ME Code / Title 32 / Chapter 143 / Section 18375
32 §18375. Independent practice dental hygienist
Status: in_force

1. Scope of practice. An independent practice dental hygienist may perform the following duties: A. [PL 2023, c. 354, §8 (RP).] B. [PL 2023, c. 354, §8 (RP).] C. [PL 2023, c. 354, §8 (RP).] D. [PL 2023, c. 354, §8 (RP).] E. Perform all procedures necessary for a complete prophylaxis, including but not limited to scaling and root planing and periodontal maintenance; [PL 2023, c. 354, §8 (AMD).] F. [PL 2023, c. 354, §8 (RP).] G. [PL 2023, c. 354, §8 (RP).] H. [PL 2023, c. 354, §8 (RP).] I. Apply sealants; [PL 2015, c. 429, §21 (NEW).] J. Smooth and polish restorations; [PL 2023, c. 354, §8 (AMD).] K. [PL 2017, c. 388, §20 (RP).] L. Obtain impressions for and deliver athletic mouth guards and custom fluoride trays; [PL 2023, c. 354, §8 (AMD).] M. [PL 2023, c. 354, §8 (RP).] N. Place temporary restorations in compliance with the protocol adopted by the board; [PL 2015, c. 429, §21 (NEW).] O. [PL 2023, c. 354, §8 (RP).] P. Expose and process radiographs, including but not limited to vertical and horizontal bitewing films, periapical films, panoramic images and full-mouth series; [PL 2023, c. 354, §8 (AMD).] Q. Prescribe, dispense or administer fluoride, silver diamine fluoride, antimicrobial solutions for mouth rinsing, topical anesthetics, other nonsystemic antimicrobial agents, desensitizing agents and resorbable antimicrobial agents; and [PL 2023, c. 354, §8 (AMD).] R. Perform dental hygiene assessment, dental hygiene diagnosis and dental hygiene treatment planning and implementation in the identification, prevention and management of oral disease. [PL 2023, c. 354, §8 (NEW).] [PL 2023, c. 354, §8 (AMD).]

2. Practice standards. An independent practice dental hygienist has the duties and responsibilities set out in this subsection with respect to each patient seen in an independent capacity. A. Prior to an initial patient visit, an independent practice dental hygienist shall obtain from the patient or the parent or guardian of a minor patient written acknowledgment of the patient's or parent's or guardian's understanding that the independent practice dental hygienist is not a dentist and that the service to be rendered does not constitute restorative care or treatment. [PL 2015, c. 429, §21 (NEW).] B. An independent practice dental hygienist shall provide to a patient or the parent or guardian of a minor patient a written plan for referral to a dentist for any necessary dental care. The referral plan must identify all conditions that should be called to the attention of the dentist. [PL 2015, c. 429, §21 (NEW).] [PL 2015, c. 429, §21 (NEW).]
32 M.R.S. § 1153 — ME Code / Title 32 / Chapter 17 / Section 1153
32 §1153. Meetings; chair; rules
Status: in_force

The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. The board may adopt, pursuant to Title 5, chapter 375, subchapter 2 , rules it determines necessary for the holding of examinations and for carrying out this chapter and shall provide for reciprocity of licensing as required to implement section 1206 . [PL 2013, c. 246, Pt. B, §6 (AMD).]
32 M.R.S. § 293 — ME Code / Title 32 / Chapter 5-B / Section 293
32 §293. License limited to individuals
Status: in_force

Licensure is determined based on individual and personal qualifications. A firm, company, partnership or corporation may not be licensed under this chapter. [PL 1999, c. 146, §5 (NEW).]
32 M.R.S. § 13065 — ME Code / Title 32 / Chapter 114 / Section 13065
32 §13065. Rules
Status: in_force

The commission may establish guidelines and rules by which this chapter shall be administered. Rules shall be subject to the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter II and consistent with the law to govern the following. [PL 1987, c. 395, Pt. A, §212 (NEW).]

1. Adjudicatory hearings. [PL 2007, c. 402, Pt. BB, §7 (RP).]

2. Investigations. [PL 2007, c. 402, Pt. BB, §8 (RP).]

3. Brokerage practice. The commission may adopt rules consistent with the standards set forth in this chapter governing real estate brokerage practices in order to establish standards of practice which serve the interests of both the public and the industry. [PL 1987, c. 395, Pt. A, §212 (NEW).]

4. License qualifications. The commission may adopt rules relating to the qualifications and application for any license authorized under this chapter as are deemed necessary to assure that applicants are sufficiently trustworthy and competent to transact the business for which they will be licensed. [PL 1987, c. 395, Pt. A, §212 (NEW).]

5. Fees. [PL 2007, c. 402, Pt. BB, §9 (RP).]

6. Education. The commission may adopt rules to be applied in determining whether educational programs meet the license qualifications required under this chapter. [PL 1987, c. 395, Pt. A, §212 (NEW).]

7. Supervision of employees. The commission shall adopt rules defining the authority and responsibility of designated brokers in supervising sales agents, as well as other brokerage related employees and independent contractors. [PL 1987, c. 395, Pt. A, §212 (NEW).]

8. Other. The commission may adopt and enforce such other rules as are necessary for the performance of its duties under this chapter. [PL 1987, c. 395, Pt. A, §212 (NEW).]
32 M.R.S. § 17309 — ME Code / Title 32 / Chapter 137 / Section 17309
32 §17309. Fees
Status: in_force

The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for the purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that a fee for any one purpose may not exceed $325 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF); PL 2011, c. 286, Pt. B, §5 (REV).]
32 M.R.S. § 18443 — ME Code / Title 32 / Chapter 143 / Section 18443
32 §18443. Construction and severability
Status: in_force

1. Construction. This compact and the commission's rule-making authority must be liberally construed so as to effectuate the purposes and the implementation and administration of the compact. Provisions of the compact expressly authorizing or requiring the promulgation of rules may not be construed to limit the commission's rule-making authority solely for those purposes. [PL 2023, c. 664, §1 (NEW).]

2. Severability. The provisions of this compact are severable and, if any phrase, clause, sentence or provision of this compact is held by a court of competent jurisdiction to be contrary to the constitution of any participating state, a state seeking participation in the compact, or of the United States, or the applicability thereof to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of this compact and the applicability thereof to any other government, agency, person or circumstance may not be affected. [PL 2023, c. 664, §1 (NEW).]

3. Denial of participation. Notwithstanding this section, the commission may deny a state's participation in the compact or, in accordance with the requirements of section 18441 , terminate a participating state's participation in the compact if it determines that a constitutional requirement of a participating state is a material departure from the compact. Otherwise, if this compact is held to be contrary to the constitution of any participating state, the compact remains in full force and effect as to the remaining participating states and in full force and effect as to the participating state affected as to all severable matters. [PL 2023, c. 664, §1 (NEW).]
32 M.R.S. § 19101 — ME Code / Title 32 / Chapter 151 / Section 19101
32 §19101. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 580, §8 (NEW).]

1. ACCME. "ACCME" means the Accreditation Council for Continuing Medical Education. [PL 2023, c. 580, §8 (NEW).]

2. ACOE. "ACOE" means the Accreditation Council on Optometric Education, which is the accrediting body for professional optometric degree programs, optometric residency programs and optometric technician programs in the United States and Canada. [PL 2023, c. 580, §8 (NEW).]

3. Board. "Board" means the State Board of Optometry. [PL 2023, c. 580, §8 (NEW).]

4. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [PL 2023, c. 580, §8 (NEW).]

5. Contact lens. "Contact lens" means any lens placed directly on the surface of the eye, regardless of whether it is intended to correct a visual defect. "Contact lens" includes, but is not limited to, cosmetic, therapeutic and corrective lenses. [PL 2023, c. 580, §8 (NEW).]

6. COPE. "COPE" means the Council on Optometric Practitioner Education. [PL 2023, c. 580, §8 (NEW).]

7. Department. "Department" means the Department of Professional and Financial Regulation. [PL 2023, c. 580, §8 (NEW).]

8. Dispense. "Dispense" means the act of furnishing drug samples, spectacle lenses or contact lenses to a patient. [PL 2023, c. 580, §8 (NEW).]

9. Drug sample. "Drug sample" means a unit of a prescription drug that is not intended to be sold and is intended to promote the sale of the drug. [PL 2023, c. 580, §8 (NEW).]

10. Entrance visual acuity. "Entrance visual acuity" means the corrected or uncorrected acuity presented by the patient prior to the actual eye examination of the patient. [PL 2023, c. 580, §8 (NEW).]

11. Eye examination. "Eye examination" means an assessment of the ocular health and visual status of a patient that meets the minimum requirements of this chapter and that does not consist solely of objective refractive data or information generated by an automated testing device or computer application, including a kiosk or autorefractor, in order to establish a medical diagnosis or refractive error. [PL 2023, c. 580, §8 (NEW).]

12. Individual. "Individual" means a natural person, not an association of individuals or a legally created entity. [PL 2023, c. 580, §8 (NEW).]

13. In person. "In person" means, with regard to a visit between a licensee and a patient, that the licensee and the patient are physically in the same room. [PL 2023, c. 580, §8 (NEW).]

14. Kiosk. "Kiosk" means automated equipment, or a computer application designed to be used on a telephone, computer or Internet-based device that can be used either in person or remotely to provide refractive data or information. [PL 2023, c. 580, §8 (NEW).]

15. License applicant. "License applicant" means an individual who has applied for licensure to practice optometry in this State, but who has not yet been granted such licensure by the board. [PL 2023, c. 580, §8 (NEW).]

16. Licensee. "Licensee" means an individual who holds a license under this chapter. [PL 2023, c. 580, §8 (NEW).]

17. National Board of Examiners in Optometry. "National Board of Examiners in Optometry," or "NBEO," means an organization that develops, administers, scores and reports results of valid examinations that assess competence in optometry. [PL 2023, c. 580, §8 (NEW).]

18. Nonlegend agent. "Nonlegend agent" means a pharmaceutical drug for which a prescription is not required. [PL 2023, c. 580, §8 (NEW).]

19. Ophthalmic lens. "Ophthalmic lens" means: A. A spectacle lens or contact lens that has a sphere, cylinder, axis, prism value or a lens ground or formed pursuant to a written prescription; and [PL 2023, c. 580, §8 (NEW).] B. An optical instrument or device worn or used by an individual that has one or more ophthalmic lenses designed to correct or enhance the individual's vision. [PL 2023, c. 580, §8 (NEW).] Ophthalmic lenses are also known as glasses or spectacles. "Ophthalmic lens" includes an ophthalmic lens that may be adjusted by the wearer to achieve different types of visual correction or enhancement. "Ophthalmic lens" does not include an optical instrument or device that is sold without consideration of the visual status of the individual who will use the optical instrument or device. [PL 2023, c. 580, §8 (NEW).]

20. Optometrist. "Optometrist" means an individual who is licensed to practice optometry in the State. [PL 2023, c. 580, §8 (NEW).]

21. Optometrist-patient relationship. "Optometrist-patient relationship" means the relationship that begins when: A. An individual with an ocular or health-related matter seeks assistance from the licensee; [PL 2023, c. 580, §8 (NEW).] B. The licensee agrees to undertake examination, diagnosis, consultation or treatment of the individual; and [PL 2023, c. 580, §8 (NEW).] C. The individual agrees to receive ocular or health care services from the licensee and there has been an in-person encounter between the licensee and the individual, unless the standard of care requires that an individual be seen without an in-person visit, such as in an emergent situation as reasonably determined by the licensee. [PL 2023, c. 580, §8 (NEW).] "Optometrist-patient relationship" includes the relationship established between a licensee who uses telehealth in providing optometric care and a patient who receives telehealth services through consultation with another licensee or other health care provider who has an established relationship with the patient upon agreement to participate in, or supervise, the patient's care through telehealth, if the standard of care does not require an in-person encounter, and in accordance with evidence-based standards of practice and telehealth practice guidelines that address the clinical and technological aspects of telemedicine. [PL 2023, c. 580, §8 (NEW).]

22. Person. "Person" means an individual, corporation, partnership, professional association or any other entity. [PL 2023, c. 580, §8 (NEW).]

23. Pharmaceutical agent. "Pharmaceutical agent" means any diagnostic and therapeutic substance for use in the diagnosis, cure, treatment, management or prevention of ocular conditions and diseases, but does not include drugs administered exclusively by injection, except injections for the emergency treatment of anaphylactic shock. [PL 2023, c. 580, §8 (NEW).]

24. Practice of optometry. "Practice of optometry" means one or a combination of the following practices: A. The examination, diagnosis, treatment and management of diseases, injuries and disorders of the eye and associated structures, as well as identification of related systemic conditions affecting the eye without the use of invasive surgery or tissue-altering lasers; and [PL 2023, c. 580, §8 (NEW).] B. The provision, replacement or duplication of an ophthalmic lens without a written prescription from an individual licensed under the laws of this State to practice either optometry or medicine. [PL 2023, c. 580, §8 (NEW).] Nothing in this definition prevents an individual or person from merely doing the mechanical work associated with adapting, fitting, bending, adjusting, providing, replacing or duplicating of eyeglasses with ophthalmic lenses. [PL 2023, c. 580, §8 (NEW).]

25. Provider. "Provider" means an individual licensed as an optometrist under this chapter or an individual licensed as an osteopathic physician or medical doctor under chapter 36 , 48 or 145 who has also completed a residency in ophthalmology. [PL 2023, c. 580, §8 (NEW).]

26. Successor licensee. "Successor licensee" means a licensee with no fewer than 5 years of licensed optometry experience, who is willing and able to assume responsibility for a licensee's practice on a temporary or permanent basis when the licensee is unwilling or unable to practice optometry pursuant to this chapter. [PL 2023, c. 580, §8 (NEW).]

27. Therapeutic pharmaceutical. "Therapeutic pharmaceutical" means a pharmaceutical agent required to diagnose, prevent, manage or treat abnormal ocular conditions or diseases. [PL 2023, c. 580, §8 (NEW).]

28. Treatment and management of ocular disease. "Treatment and management of ocular disease" means the examination given by the National Board of Examiners in Optometry. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 9853 — ME Code / Title 32 / Chapter 103 / Section 9853
32 §9853. Radiologic Technology Board of Examiners
Status: in_force

The Radiologic Technology Board of Examiners, as authorized by Title 5, chapter 379 , shall administer this chapter. The board consists of 9 members appointed by the Governor. [PL 1999, c. 687, Pt. E, §7 (AMD).]

1. Appointment and membership. The membership of the board consists of 2 radiologists; 2 radiographers; one nuclear medicine technologist; one radiation therapist; one radiation physicist; and 2 public members as defined in Title 5, section 12004‑A . The Governor may appoint these members from lists submitted by the following organizations or their successors. A. Radiologist members may be appointed from lists submitted by the Maine Radiological Society. [PL 1983, c. 524 (NEW).] B. The radiation physicist member may be appointed from lists submitted by the Maine Radiological Society. [PL 1999, c. 687, Pt. E, §8 (AMD).] C. Radiologic technologist members may be appointed from lists submitted by the Maine Society of Radiologic Technologists, the Society of Nuclear Medicine Technologists and the New England Society of Radiation Therapy Technologists. [PL 1983, c. 524 (NEW).] D. [PL 1999, c. 687, Pt. E, §8 (RP).] E. [PL 1999, c. 687, Pt. E, §8 (RP).] The list submitted by each organization must include at least 2 names for each position to be filled from that organization. [PL 2007, c. 402, Pt. X, §1 (AMD).]

2. Term of office. The term of office is 3 years. Appointments of members must comply with Title 10, section 8009 . A member may be removed by the Governor for cause. [PL 2007, c. 402, Pt. X, §1 (AMD).]

3. Meetings; chair. The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. [RR 2013, c. 1, §49 (COR).]

4. Compensation. [PL 1995, c. 397, §93 (RP).]

5. Quorum. [PL 2013, c. 246, Pt. B, §19 (RP).]

6. Powers and duties. The board has the following powers and duties: A. To review the qualifications of applicants for licensure and to license radiographers, nuclear medicine technologists and radiation therapists who qualify under this chapter; [PL 2005, c. 511, §3 (AMD).] B. To approve the qualifying examinations for radiographers, nuclear medicine technologists and radiation therapists, and to establish passing standards; [PL 2007, c. 402, Pt. X, §1 (AMD).] C. To develop, in consultation with representatives of the appropriate disciplines, requirements for courses of study, training and examination for applicants for a limited license; and [PL 2007, c. 402, Pt. X, §1 (AMD).] D. [PL 2007, c. 402, Pt. X, §1 (RP).] E. To make rules in accordance with this chapter necessary for the enforcement of its authority and performance of its duties consistent with the Maine Administrative Procedure Act, Title 5, chapter 375 . These rules may include, but not be limited to, licensing requirements, approved courses, examinations and continuing education requirements for renewal of licenses. [PL 2007, c. 402, Pt. X, §1 (AMD).] F. [PL 2007, c. 402, Pt. X, §1 (RP).] G. [PL 2007, c. 402, Pt. X, §1 (RP).] H. [PL 2007, c. 402, Pt. X, §1 (RP).] I. [PL 2007, c. 402, Pt. X, §1 (RP).] J. [PL 1995, c. 397, §95 (RP).] [PL 2007, c. 402, Pt. X, §1 (AMD).]
32 M.R.S. § 17202 — ME Code / Title 32 / Chapter 137 / Section 17202
32 §17202. Meetings; chair
Status: in_force

The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings are held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. [PL 2013, c. 246, Pt. B, §28 (AMD).]
32 M.R.S. § 7081 — ME Code / Title 32 / Chapter 83 / Section 7081
32 §7081. Short title
Status: in_force

This subchapter may be known and cited as "the Social Work Licensure Compact." [PL 2023, c. 674, §1 (NEW).]
32 M.R.S. § 16530 — ME Code / Title 32 / Chapter 135 / Section 16530
32 §16530. Rights of State
Status: in_force

1. Subrogation. The State is subrogated to the rights of a claimant awarded restitution assistance under this subchapter to the extent of the restitution assistance award made. The subrogation rights are against the person ordered to pay restitution to a victim for a securities violation. [PL 2021, c. 576, §1 (NEW).]

2. Lien on recovery. The State is entitled to a lien in the amount of the restitution assistance award on any recovery made by or on behalf of a victim. The State may assert its right to this amount in a separate action or intervene in an action brought by or on behalf of the victim. [PL 2021, c. 576, §1 (NEW).]
32 M.R.S. § 18325 — ME Code / Title 32 / Chapter 143 / Section 18325
32 §18325. Disciplinary action; judicial review
Status: in_force

1. Disciplinary action. In addition to the powers under Title 10, section 8003, subsection 5‑A , the board may suspend, revoke or refuse to issue or renew a license pursuant to Title 5, section 10004 . The following are grounds for an action to refuse to issue, modify, suspend, revoke or refuse to renew the license of a person licensed under this chapter: A. The practice of fraud, deceit or misrepresentation in obtaining a license or authority from the board or in connection with services within the scope of the license or authority; [PL 2015, c. 429, §21 (NEW).] B. Misuse of alcohol, drugs or other substances that has resulted or may result in the licensee performing services in a manner that endangers the health or safety of patients; [PL 2015, c. 429, §21 (NEW).] C. A professional diagnosis of a mental or physical condition that has resulted or may result in the licensee performing services in a manner that endangers the health or safety of patients; [PL 2015, c. 429, §21 (NEW).] D. Incompetence in the practice for which the licensee is licensed or authorized by the board. A licensee is considered incompetent in the practice if the licensee has: (1) Engaged in conduct that evidences a lack of ability or fitness to perform the duties owed by the licensee to a client or patient or the general public; or (2) Engaged in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which the licensee is licensed; [PL 2015, c. 429, §21 (NEW).] E. Unprofessional conduct. A licensee is considered to have engaged in unprofessional conduct if the licensee violates a standard of professional behavior that has been established in the practice for which the licensee is licensed or authorized by the board; [PL 2015, c. 429, §21 (NEW).] F. Subject to the limitations of Title 5, chapter 341 , conviction of a crime that involves dishonesty or false statement or that relates directly to the practice for which the licensee is licensed or authorized by the board, or conviction of a crime for which incarceration for one year or more may be imposed; [PL 2015, c. 429, §21 (NEW).] G. Engaging in false, misleading or deceptive advertising; [PL 2015, c. 429, §21 (NEW).] H. Aiding or abetting unlicensed practice by a person who is not licensed or authorized as required under this chapter; [PL 2015, c. 429, §21 (NEW).] I. Failure to provide supervision as required under this chapter or a rule adopted by the board; [PL 2015, c. 429, §21 (NEW).] J. Engaging in any activity requiring a license or authority under this chapter or rule adopted by the board that is beyond the scope of acts authorized by the license or authority held; [PL 2015, c. 429, §21 (NEW).] K. Continuing to act in a capacity requiring a license or authority under this chapter or a rule adopted by the board after expiration, suspension or revocation of that license or authority; [PL 2015, c. 429, §21 (NEW).] L. Noncompliance with an order of or consent agreement executed by the board; [PL 2015, c. 429, §21 (NEW).] M. Failure to produce any requested documents in the licensee's possession or under the licensee's control relevant to a pending complaint, proceeding or matter under investigation by the board; [PL 2015, c. 429, §21 (NEW).] N. [PL 2023, c. 17, Pt. P, §19 (RP).] O. A violation of this chapter or a rule adopted by the board; [PL 2021, c. 134, §1 (AMD).] P. Failure to comply with the requirements of Title 22, section 7253 ; and [PL 2021, c. 134, §2 (AMD).] Q. Administering botulinum toxins or dermal fillers to a patient when that administration is not supported by a diagnosed dental condition or is not part of a patient's dental treatment plan. This paragraph does not apply to a dentist who has successfully completed postgraduate training and certification in oral and maxillofacial surgery from a program accredited by the American Dental Association Commission on Dental Accreditation or its successor organization. [PL 2021, c. 134, §3 (NEW).] [PL 2023, c. 17, Pt. P, §19 (AMD).]

1-A. Authority to file in court. [PL 2023, c. 17, Pt. P, §20 (RP).]

2. Judicial review. Notwithstanding any provision of Title 10, section 8003, subsection 5‑A to the contrary, any nonconsensual revocation pursuant to Title 10, section 8003, subsection 5‑A of a license or authority issued by the board may be imposed only after a hearing conforming to the requirements of Title 5, chapter 375, subchapter 4 and is subject to judicial review exclusively in the Superior Court in accordance with Title 5, chapter 375, subchapter 7 . [PL 2023, c. 17, Pt. P, §21 (AMD).]

3. Letters of guidance. In addition to the authority conferred under Title 10, section 8003, subsection 5‑A , the board may issue a letter of guidance or concern to a licensee or registrant. A letter of guidance or concern may be used to educate, reinforce knowledge regarding legal or professional obligations and express concern over action or inaction by the licensee or registrant that does not rise to the level of misconduct sufficient to merit disciplinary action. The issuance of a letter of guidance or concern is not a formal proceeding and does not constitute an adverse disciplinary action of any form. Notwithstanding any provision of law to the contrary, a letter of guidance or concern is not confidential. The board may place a letter of guidance or concern, together with any underlying complaint, report and investigation materials, in a licensee's or registrant's file for a specified amount of time, not to exceed 10 years. Any letters, complaints and materials placed on file may be accessed and considered by the board in any subsequent action commenced against the licensee or registrant within the specified time frame. Complaints, reports and investigation materials placed on file are only confidential to the extent that confidentiality is required pursuant to Title 24, chapter 21. [PL 2023, c. 515, §2 (NEW).]
32 M.R.S. § 7029 — ME Code / Title 32 / Chapter 83 / Section 7029
32 §7029. Meetings; chair
Status: in_force

The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. [PL 2013, c. 246, Pt. B, §17 (AMD).]
32 M.R.S. § 18374 — ME Code / Title 32 / Chapter 143 / Section 18374
32 §18374. Dental hygienist
Status: in_force

1. Scope of practice; direct supervision. A dental hygienist and faculty dental hygienist may perform the following under the direct supervision of a dentist: A. Administer nitrous oxide analgesia, as long as the dental hygienist or faculty dental hygienist has authority to administer the medication pursuant to section 18345, subsection 2, paragraph E . [PL 2023, c. 354, §5 (AMD).] B. [PL 2021, c. 223, §12 (RP).] C. [PL 2021, c. 223, §12 (RP).] D. [PL 2021, c. 223, §12 (RP).] E. [PL 2021, c. 223, §12 (RP).] F. [PL 2021, c. 223, §12 (RP).] [PL 2023, c. 354, §5 (AMD).]

1-A. Scope of practice; general supervision. Under the general supervision of a dentist, a dental hygienist and faculty dental hygienist may administer local anesthesia, as long as the dental hygienist or faculty dental hygienist has authority to administer the medication pursuant to section 18345, subsection 2, paragraph D . [PL 2023, c. 354, §6 (NEW).]

2. Scope of practice. A dental hygienist and faculty dental hygienist may perform all of the activities that may be delegated to an unlicensed person pursuant to section 18371, subsection 3 . A dental hygienist and faculty dental hygienist may also perform the following procedures: A. [PL 2023, c. 354, §7 (RP).] A-1. Prescribe, dispense or administer fluoride, silver diamine fluoride, antimicrobial solutions for mouth rinsing, topical anesthetics, other nonsystemic antimicrobial agents, desensitizing agents and resorbable antimicrobial agents; [PL 2023, c. 354, §7 (NEW).] B. [PL 2017, c. 388, §19 (RP).] C. [PL 2023, c. 354, §7 (RP).] D. [PL 2023, c. 354, §7 (RP).] E. [PL 2017, c. 388, §19 (RP).] F. Apply sealants; [PL 2017, c. 388, §19 (AMD).] G. [PL 2017, c. 388, §19 (RP).] H. [PL 2017, c. 388, §19 (RP).] I. [PL 2017, c. 388, §19 (RP).] J. Expose and process radiographs; [PL 2015, c. 429, §21 (NEW).] K. [PL 2017, c. 388, §19 (RP).] L. [PL 2017, c. 388, §19 (RP).] M. [PL 2017, c. 388, §19 (RP).] N. [PL 2017, c. 388, §19 (RP).] O. [PL 2021, c. 223, §12 (RP).] P. [PL 2017, c. 388, §19 (RP).] Q. [PL 2017, c. 388, §19 (RP).] R. [PL 2021, c. 223, §12 (RP).] S. Perform all procedures necessary for a complete prophylaxis, including but not limited to scaling and root planing and periodontal maintenance; [PL 2023, c. 354, §7 (AMD).] T. [PL 2017, c. 388, §19 (RP).] U. [PL 2023, c. 354, §7 (RP).] V. [PL 2017, c. 388, §19 (RP).] W. [PL 2017, c. 388, §19 (RP).] X. [PL 2023, c. 354, §7 (RP).] Y. [PL 2021, c. 223, §12 (RP).] Z. [PL 2017, c. 388, §19 (RP).] AA. [PL 2017, c. 388, §19 (RP).] BB. [PL 2017, c. 388, §19 (RP).] CC. [PL 2021, c. 223, §12 (RP).] DD. [PL 2017, c. 388, §19 (RP).] EE. [PL 2017, c. 388, §19 (RP).] FF. [PL 2017, c. 388, §19 (RP).] GG. [PL 2023, c. 354, §7 (RP).] HH. [PL 2017, c. 388, §19 (RP).] II. [PL 2017, c. 388, §19 (RP).] JJ. Place temporary restorations in compliance with the protocol adopted by the board; [PL 2023, c. 354, §7 (AMD).] KK. [PL 2017, c. 388, §19 (RP).] LL. [PL 2021, c. 223, §12 (RP).] MM. [PL 2017, c. 388, §19 (RP).] NN. [PL 2017, c. 388, §19 (RP).] OO. [PL 2017, c. 388, §19 (RP).] PP. [PL 2017, c. 388, §19 (RP).] QQ. [PL 2017, c. 388, §19 (RP).] RR. [PL 2017, c. 388, §19 (RP).] SS. [PL 2017, c. 388, §19 (RP).] TT. Smooth and polish restorations; [PL 2023, c. 354, §7 (AMD).] UU. [PL 2017, c. 388, §19 (RP).] VV. [PL 2021, c. 223, §12 (RP).] WW. [PL 2017, c. 388, §19 (RP).] XX. [PL 2017, c. 388, §19 (RP).] YY. [PL 2017, c. 388, §19 (RP).] ZZ. Perform dental hygiene assessment, dental hygiene diagnosis and dental hygiene treatment planning and implementation in the identification, prevention and management of oral disease; and [PL 2023, c. 354, §7 (NEW).] AAA. Obtain impressions for and deliver athletic mouth guards and custom fluoride trays. [PL 2023, c. 354, §7 (NEW).] [PL 2023, c. 354, §7 (AMD).]

3. Limitation. An individual with a faculty dental hygienist license may provide the services described in this section only as part of the education program for which the license was issued by the board. [PL 2015, c. 429, §21 (NEW).]
32 M.R.S. § 14235-A — ME Code / Title 32 / Chapter 126 / Section 14235-A
32 §14235-A. Licenses; initial
Status: in_force

An applicant for initial licensure must submit an application together with the fee set under section 14238 and meet the requirements set forth under this chapter. [PL 2009, c. 369, Pt. B, §34 (NEW).]
32 M.R.S. § 13841 — ME Code / Title 32 / Chapter 117 / Section 13841
32 §13841. Authority
Status: in_force

1. Engage in collaborative drug therapy management. A pharmacist licensed in this State who meets the qualifications and requirements of section 13842 and rules adopted by the board may engage in collaborative drug therapy management pursuant to a collaborative practice agreement with a practitioner. [PL 2013, c. 308, §4 (NEW).]

2. Scope of authority. A pharmacist engaging in collaborative drug therapy management pursuant to subsection 1 is entitled to adequate access to a patient's history, disease status, drug therapy and laboratory and procedure results and may: A. Collect and review a patient's history; [PL 2013, c. 308, §4 (NEW).] B. Obtain and check vital signs; [PL 2013, c. 308, §4 (NEW).] C. Order and evaluate the results of laboratory tests directly related to drug therapy under the supervision of, or in direct consultation with, a practitioner and in accordance with approved protocols applicable to the practice setting and when the evaluation does not include a diagnostic component; and [PL 2013, c. 308, §4 (NEW).] D. Initiate, administer, monitor, modify and discontinue drug therapy for a particular patient pursuant to the collaborative practice agreement with a practitioner who is treating the patient, as long as the action is reported to the practitioner in a timely manner as determined by rules adopted pursuant to section 13846 . [PL 2021, c. 271, §5 (AMD).] [PL 2021, c. 271, §5 (AMD).]
32 M.R.S. § 13781 — ME Code / Title 32 / Chapter 117 / Section 13781
32 §13781. Generic and therapeutically equivalent substitution
Status: in_force

A written prescription issued by a practitioner in this State may contain a box in the lower right-hand corner of the prescription form. The following words must appear to the left of this box: "Any drug that is the generic and therapeutic equivalent of the drug or any biological product that is an interchangeable biological product of the biological product specified above in this prescription must be dispensed, provided that no check mark ( ) has been handwritten in the box in the lower right-hand corner." [PL 2019, c. 34, §4 (AMD).]

Except with regard to a patient who is paying for a drug or biological product with the patient's own resources, any pharmacist receiving a prescription in which no handwritten check mark ( ) is found in the box provided shall substitute a generic and therapeutically equivalent drug for the drug or an interchangeable biological product for the biological product specified on the prescription if the substituted drug or interchangeable biological product is distributed by a business entity doing business in the United States that is subject to suit and the service of legal process in the United States and the price of the substituted drug or interchangeable biological product does not exceed the price of the drug or biological product specified by the practitioner; except that, when the cost of a prescription is to be reimbursed under the MaineCare program pursuant to Title 22, chapter 855 , the pharmacist shall substitute a generic and therapeutically equivalent drug or an interchangeable biological product only when the Department of Health and Human Services has determined that the substitute drug or interchangeable biological product would be a more cost-effective alternative than the drug or biological product prescribed by the practitioner. Except for prescribed drugs listed under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 United States Code, Section 812, as amended, as Schedule II drugs, with regard to a patient who is paying for a drug or biological product with the patient's own resources, a pharmacist shall inquire about the patient's preference for either the brand-name drug or generic and therapeutically equivalent drug or for either the prescribed biological product or interchangeable biological product and dispense the drug or biological product that the patient prefers. [PL 2019, c. 34, §4 (AMD).]

Except with regard to a patient who is paying for a drug or biological product with the patient's own resources, if a written prescription issued by a practitioner in this State does not contain the box described in this section, a pharmacist shall substitute a generic and therapeutically equivalent drug for the drug or an interchangeable biological product for the biological product specified on the prescription if the substituted drug or interchangeable biological product is distributed by a business entity doing business in the United States that is subject to suit and the service of legal process in the United States and the price of the substituted drug or interchangeable biological product does not exceed the price of the drug or biological product specified by the practitioner, unless a practitioner has handwritten on the prescription form, along with the practitioner's signature, "dispense as written," "DAW," "brand," "brand necessary" or "brand medically necessary"; except that, when the cost of a prescription is to be reimbursed under the MaineCare program pursuant to Title 22, chapter 855 , the pharmacist shall substitute a generic and therapeutically equivalent drug or an interchangeable biological product only when the Department of Health and Human Services has determined that the substitute drug or interchangeable biological product would be a more cost-effective alternative than the drug or biological product prescribed by the practitioner. Except for prescribed drugs listed under the Comprehensive Drug Abuse Prevention and Control Act of 1970, 21 United States Code, Section 812, as amended, as Schedule II drugs, with regard to a patient who is paying for a drug or biological product with the patient's own resources, a pharmacist shall inquire about the patient's preference for either the brand-name drug or generic and therapeutically equivalent drug or for either the prescribed biological product or interchangeable biological product and dispense the drug or biological product that the patient prefers. [PL 2019, c. 34, §4 (AMD).]

Any pharmacist who substitutes a generic and therapeutically equivalent drug or an interchangeable biological product under this section shall inform the person to whom the drug or interchangeable biological product is dispensed of the substitution. When any substitution is made under this section, the pharmacist shall cause all information as required by section 13794 , the name of the generic and therapeutically equivalent drug and the name or abbreviation of the drug manufacturer or distributor of that substitute drug or, in the case of an interchangeable biological product, the proper name and the name of the manufacturer of the interchangeable biological product, to appear on the container label of the drug or interchangeable biological product dispensed. [PL 2019, c. 34, §4 (AMD).]

This section does not apply to prescriptions ordered by practitioners for patients in hospitals when those prescriptions are filled by a hospital pharmacy or in any institution where a formulary system is established. [PL 1987, c. 710, §5 (NEW).]

Within 5 business days after a pharmacist dispenses a biological product, the dispensing pharmacist or the pharmacist's designee shall enter in an electronic records system that is electronically accessible to the practitioner who prescribed the biological product the specific biological product dispensed, including the name of the biological product and the manufacturer. For purposes of this paragraph, "electronic records system" means an interoperable electronic medical records system, an electronic prescribing technology, a pharmacist benefit management system or an electronic pharmacy record. Entry into an electronic records system as described in this paragraph is presumed to provide notice to the practitioner. If a pharmacist cannot make an entry in an electronic records system, the pharmacist shall notify the practitioner of the specific biological product dispensed by facsimile, telephone, electronic transmission or other similar means. Notice to a practitioner under this paragraph is not required if the federal Food and Drug Administration has not approved an interchangeable biological product for the product prescribed or a refill prescription is not changed from the biological product dispensed on the prior filling of the prescription. [PL 2019, c. 34, §4 (NEW).]

The board shall maintain a link on the board's publicly accessible website to the current list of all biological products determined by the federal Food and Drug Administration to be an interchangeable biological product. [PL 2019, c. 34, §4 (NEW).]

For the purposes of this section, "drug" does not include biological products. [PL 2019, c. 34, §4 (NEW).]
32 M.R.S. § 8113 — ME Code / Title 32 / Chapter 89 / Section 8113
32 §8113. Refusal; suspension; revocation; grounds
Status: in_force

In accordance with the Maine Administrative Procedure Act, the chief may refuse to issue or renew a license, suspend or revoke the license of any person licensed under this chapter, impose probationary conditions, fines or costs of hearing and investigation or issue a written warning on the following grounds: [PL 2011, c. 366, §44 (AMD).]

1. Fraud or deceit. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [PL 1985, c. 207, §2 (RPR).]

2. Conviction of certain crimes. Conviction of a crime that involves dishonesty or false statement or that relates directly to the practice for which the licensee is licensed or that is enumerated in this chapter or conviction of any crime for which incarceration for one year or more may be imposed; [PL 2011, c. 366, §44 (AMD).]

3. Violation of chapter or rule. Any violation of this chapter or any rule adopted by the chief; [PL 2011, c. 366, §44 (AMD).]

4. Aiding or abetting unlicensed practice of private investigation. Aiding or abetting the practice of private investigation by a person not duly licensed under this chapter and who represents to others that the person is duly licensed; [PL 2011, c. 366, §44 (AMD).]

5. Failure to maintain bond and insurance. Failure to maintain a bond and insurance as required by section 8111 ; [PL 2011, c. 366, §44 (AMD).]

6. Incompetence. Incompetence in the practice for which the person is licensed. A licensee is considered incompetent in the practice if the licensee has: A. Engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or the general public; or [PL 2011, c. 366, §44 (AMD).] B. Engaged in conduct that evidences a lack of knowledge or an inability to apply principles or skills to carry out the practice for which the person is licensed; [PL 2011, c. 366, §44 (AMD).] [PL 2011, c. 366, §44 (AMD).]

7. Employment of prohibited person. Employment, in connection with a private investigation business, in any capacity, of any person who has been convicted of a crime punishable by imprisonment for one year or more or any former licensee whose license has been revoked; [PL 2011, c. 161, §1 (AMD).]

8. Representations that licensee is sworn peace officer. Representation by the licensee that suggests, or that would reasonably cause another person to believe, that the licensee is a sworn peace officer of this State, any political subdivision of this State, any other state or the Federal Government; [PL 2011, c. 691, Pt. A, §36 (AMD).]

9. Unpermitted contact with a child. Contact or communication with a child who has not attained 14 years of age regarding a private investigation if that contact or communication includes conduct with the intent to harass, torment, intimidate or threaten a child; [PL 2011, c. 691, Pt. A, §37 (AMD).]

10. Misstatement. Intentionally or knowingly making a material misstatement in filing an application for a license or renewal of a license; [PL 2011, c. 366, §44 (NEW).]

11. Violation of standards of acceptable professional conduct. A violation of the standards of acceptable professional conduct adopted by rule by the chief; or [PL 2011, c. 366, §44 (NEW).]

12. Cause for refusal. Committing an act that would have been cause for the refusal to issue a license had the act occurred and been known to the chief at the time of issuance of a license. [PL 2011, c. 366, §44 (NEW).]

The chief may reconsider, modify or reverse probation, suspension or other disciplinary action. [PL 2011, c. 366, §44 (NEW).]
32 M.R.S. § 88-A — ME Code / Title 32 / Chapter 2-B / Section 88-A
32 §88-A. Director's duties
Status: in_force

In addition to other duties set out in this chapter, the director shall administer Maine Emergency Medical Services. With the knowledge and consent of the commissioner, the director shall oversee all personnel matters and, subject to the Civil Service Law, may hire personnel as required to enforce, implement and administer this chapter. [PL 1991, c. 588, §17 (NEW).]
32 M.R.S. § 9405 — ME Code / Title 32 / Chapter 93 / Section 9405
32 §9405. License qualifications
Status: in_force

1. Qualifications. [PL 1987, c. 170, §7 (RP).]

1-A. Criteria for issuing license. The commissioner shall issue, upon written application, a license to be a contract security company to any person who has demonstrated good moral character and who meets the following requirements: A. Is 18 years of age or older; [PL 1987, c. 170, §8 (NEW).] B. Is a citizen or resident alien of the United States; [PL 1987, c. 170, §8 (NEW).] C. Has not been dishonorably discharged from military service; [PL 1987, c. 170, §8 (NEW).] D. Has not been convicted of a crime punishable by one year or more imprisonment or, within the past 5 years, of any crime enumerated in section 9412 ; [PL 1987, c. 170, §8 (NEW).] E. Has not been adjudicated to have committed a juvenile offense involving conduct which, if committed by an adult, is punishable by one year or more imprisonment or, within the past 5 years, a juvenile offense involving conduct which, if committed by an adult, is a crime enumerated in section 9412 ; [PL 1987, c. 170, §8 (NEW).] F. Submits an application that contains the following, to be answered by the applicant: (1) Full name; (2) Full current address and addresses for the prior 5 years; (3) The date and place of birth, height, weight and color of eyes; (4) A record of previous issuances of, refusals to issue and renew, suspensions and revocations of a license to be a contract security company. The record of previous refusals to issue alone does not constitute cause for refusal and the record of previous refusals to renew and revocations alone constitutes cause for refusal only as provided in section 9411‑A ; (5) The following questions. (a) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a crime that is punishable by one year or more of imprisonment or for any other crime alleged to have been committed by you with the use of a dangerous weapon, as defined in Title 17‑A, section 2, subsection 9 , or of a firearm against another person? (b) Is there a formal charging instrument now pending against you in this or any other jurisdiction for a juvenile offense that involves conduct that, if committed by an adult, would be punishable by one year or more of imprisonment or for any other juvenile offense alleged to have been committed by you with the use of a dangerous weapon, as defined in Title 17‑A, section 2, subsection 9 , or of a firearm against another person? (c) Have you ever been convicted of a crime described in division (a) or adjudicated as having committed a juvenile offense as described in division (b)? (d) Is there a formal charging instrument now pending against you in this jurisdiction for any crime enumerated in section 9412 ? (e) Is there a formal charging instrument now pending against you in this jurisdiction for a juvenile offense that involves conduct that, if committed by an adult, would be a crime enumerated in section 9412 ? (f) Have you within the past 5 years been convicted of a crime described in division (d) or adjudicated as having committed a juvenile offense as described in division (e)? (g) Are you a fugitive from justice? (h) Are you a drug user or a person with substance use disorder? (i) Do you have a mental disorder that causes you to be potentially dangerous to yourself or others? (j) Do you currently have a guardian or conservator who was appointed for you under Title 18‑C, Article 5, Part 3 or 4 ? (k) Have you been dishonorably discharged from the military forces within the past 5 years? (l) Are you an illegal alien?; (6) A list of employees as of the date the applicant signs the application who will perform security guard functions within the State. This list must identify each employee by the employee's full name, full current address and addresses for the prior 5 years and the employee's date and place of birth, height, weight and color of eyes. For each employee on this list who will perform security guard functions at the site of a labor dispute or strike, the applicant shall have previously investigated the background of the employee to ensure that the employee meets all of the requirements to be a security guard as contained in section 9410‑A, subsection 1 . If the employee meets all of the requirements to be a security guard, the applicant shall also submit a statement, signed by the applicant, stating that the applicant has conducted this background investigation and that the employee meets the requirements contained in section 9410‑A, subsection 1 ; and (7) A photograph of the applicant taken within 6 months of the date the applicant affixes the applicant's signature to the application; and [PL 2019, c. 417, Pt. A, §108 (RPR); PL 2019, c. 417, Pt. B, §14 (AFF).] G. Does the following: (1) At the request of the commissioner or his designee, takes whatever action is required of him by law to allow the commissioner or his designee to obtain from: Hospitals and mental institutions either within or outside of the State, limited to records of involuntary commitments; the courts; law enforcement agencies; and the military, information relevant to the following: (a) The ascertainment of whether the information supplied on the application or any documents made a part of the application is true and correct; (b) The ascertainment of whether each of the additional requirements of this section has been met; and (c) Section 9411‑A ; (2) If it becomes necessary to resolve any questions as to his identity, submits to having his fingerprints taken by the commissioner or his designee; and (3) Submits the application fee in accordance with section 9407, subsection 1 . [PL 1987, c. 170, §8 (NEW).] [PL 2019, c. 417, Pt. A, §108 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

2. Good moral character. [PL 1987, c. 170, §9 (RP).]

2-A. Complete application; certification by applicant. The requirements set out in subsection 1‑A constitute a complete application. By affixing his signature to the application, the applicant certifies the following: A. That the statements he makes in the application and any documents he makes a part of the application are true and correct; [PL 1987, c. 170, §10 (NEW).] B. That he understands an affirmative answer to any of the questions in subsection 1‑A, paragraph F , subparagraph (5), except the questions in divisions (a), (b), (d) and (e), is cause for refusal; and [PL 1987, c. 170, §10 (NEW).] C. That he understands any false statements made in the application or any document made a part of the application may result in prosecution as provided in section 9412, subsection 1, paragraph D . [PL 1987, c. 170, §10 (NEW).] [PL 1987, c. 170, §10 (NEW).]

2-B. Copy of laws furnished to applicant. A copy of this chapter and the definitions from other chapters which are used in this chapter shall be provided to every applicant. [PL 1987, c. 170, §10 (NEW).]

2-C. Good moral character. The commissioner, in judging good moral character, shall make his determination in writing based solely upon information recorded by governmental entities within 5 years of receipt of the application, including, but not limited to, the following matters: A. Information of record relative to incidents of abuse by the applicant of family or household members provided pursuant to Title 19‑A, section 4114, subsection 1 ; [PL 2021, c. 647, Pt. B, §61 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] B. Information of record relative to 3 or more convictions of the applicant for crimes punishable by less than one year imprisonment or 3 or more adjudications of the applicant for juvenile offenses involving conduct which, if committed by an adult, is punishable by less than one year imprisonment; [PL 1987, c. 170, §10 (NEW).] C. Information of record relative to 3 or more adjudications of the applicant for civil violations; [PL 1987, c. 170, §10 (NEW).] D. Information of record relative to license suspensions under section 9411‑A ; or [PL 1987, c. 170, §10 (NEW).] E. Information of record indicating that the applicant has engaged in reckless or negligent conduct. [PL 1987, c. 170, §10 (NEW).] [PL 2021, c. 647, Pt. B, §61 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]

3. Who must meet qualifications. The qualifications enumerated in this section must be met: A. If the applicant is a partnership, by each partner; [PL 1981, c. 113, §2 (NEW).] B. If the applicant is a corporation, by an agent of that corporation; or [PL 1981, c. 113, §2 (NEW).] C. If the applicant is other than a partnership or corporation, by the natural person making the application. [PL 1981, c. 113, §2 (NEW).] [PL 1981, c. 113, §2 (NEW).]

4. Access to confidential records. Notwithstanding that certain records retained by governmental entities are by law made confidential, yet are necessary to the commissioner's determination of the applicant's good moral character and compliance with the additional requirements of this section and of section 9411‑A , the following records shall be made available, at the request of the commissioner or his designee, for inspection by and dissemination to the commissioner or his designee: A. The records pertaining to involuntary commitments to Riverview Psychiatric Center and Dorothea Dix Psychiatric Center; [PL 1987, c. 170, §11 (NEW); PL 2005, c. 236, §§3, 4 (REV).] B. The records compiled pursuant to Title 19‑A, section 4114, subsection 1 ; [PL 2021, c. 647, Pt. B, §62 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).] C. Juvenile and adult crime records; and [PL 1987, c. 170, §11 (NEW).] D. Military records. [PL 1987, c. 170, §11 (NEW).] [PL 2021, c. 647, Pt. B, §62 (AMD); PL 2021, c. 647, Pt. B, §65 (AFF).]
32 M.R.S. § 18560 — ME Code / Title 32 / Chapter 147 / Section 18560
32 §18560. Establishment of counseling compact commission
Status: in_force

1. Commission established. The compact member states hereby create and establish a joint public agency known as the counseling compact commission. A. The commission is an instrumentality of the compact states. [PL 2021, c. 547, §1 (NEW).] B. Venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. [PL 2021, c. 547, §1 (NEW).] C. Nothing in this compact may be construed to be a waiver of sovereign immunity. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

2. Membership, voting and meetings. Membership, voting and meetings are governed by this subsection. A. Each member state has and is limited to one delegate selected by that member state's licensing board. [PL 2021, c. 547, §1 (NEW).] B. The delegate must be either: (1) A current member of the licensing board at the time of appointment, who is a licensed professional counselor or public member; or (2) An administrator of the licensing board. [PL 2021, c. 547, §1 (NEW).] C. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. [PL 2021, c. 547, §1 (NEW).] D. The member state licensing board shall fill any vacancy occurring on the commission within 60 days. [PL 2021, c. 547, §1 (NEW).] E. Each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and must otherwise have an opportunity to participate in the business and affairs of the commission. [PL 2021, c. 547, §1 (NEW).] F. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. [PL 2021, c. 547, §1 (NEW).] G. The commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in the bylaws. [PL 2021, c. 547, §1 (NEW).] H. The commission shall by rule establish a term of office for delegates and may by rule establish term limits. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

3. Powers and duties. The commission has the following powers and duties: A. Establish the fiscal year of the commission; [PL 2021, c. 547, §1 (NEW).] B. Establish bylaws; [PL 2021, c. 547, §1 (NEW).] C. Maintain its financial records in accordance with the bylaws; [PL 2021, c. 547, §1 (NEW).] D. Meet and take such actions as are consistent with the provisions of this compact and the bylaws; [PL 2021, c. 547, §1 (NEW).] E. Promulgate rules that are binding to the extent and in the manner provided for in the compact; [PL 2021, c. 547, §1 (NEW).] F. Bring and prosecute legal proceedings or actions in the name of the commission, as long as the standing of any state licensing board to sue or be sued under applicable law is not affected; [PL 2021, c. 547, §1 (NEW).] G. Purchase and maintain insurance and bonds; [PL 2021, c. 547, §1 (NEW).] H. Borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state; [PL 2021, c. 547, §1 (NEW).] I. Hire employees, elect or appoint officers, fix compensation, define duties and grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; [PL 2021, c. 547, §1 (NEW).] J. Accept appropriate donations and grants of money, equipment, supplies, materials and services and receive, utilize and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest; [PL 2021, c. 547, §1 (NEW).] K. Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property, real, personal or mixed, as long as at all times the commission avoids any appearance of impropriety; [PL 2021, c. 547, §1 (NEW).] L. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2021, c. 547, §1 (NEW).] M. Establish a budget and make expenditures; [PL 2021, c. 547, §1 (NEW).] N. Borrow money; [PL 2021, c. 547, §1 (NEW).] O. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives and consumer representatives and such other interested persons as may be designated in this compact and the bylaws; [PL 2021, c. 547, §1 (NEW).] P. Provide and receive information from, and cooperate with, law enforcement agencies; [PL 2021, c. 547, §1 (NEW).] Q. Establish and elect an executive committee; and [PL 2021, c. 547, §1 (NEW).] R. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of professional counseling licensure and practice. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

4. Executive committee. The establishment of an executive committee is governed by this subsection. A. The executive committee has the power to act on behalf of the commission according to the terms of this compact. [PL 2021, c. 547, §1 (NEW).] B. The executive committee is composed of up to 11 members: (1) Seven voting members who are elected by the commission from the current membership of the commission; and (2) Up to 4 ex officio, nonvoting members from 4 recognized national professional counselor organizations. The ex officio members must be selected by their respective organizations. [PL 2021, c. 547, §1 (NEW).] C. The commission may remove any member of the executive committee as provided in bylaws. [PL 2021, c. 547, §1 (NEW).] D. The executive committee shall meet at least annually. [PL 2021, c. 547, §1 (NEW).] E. The executive committee has the following duties and responsibilities: (1) Recommend to the entire commission changes to the rules or bylaws, changes to this compact legislation, fees paid by compact member states such as annual dues and any commission compact fee charged to licensees for the privilege to practice; (2) Ensure compact administration services are appropriately provided, contractual or otherwise; (3) Prepare and recommend the budget; (4) Maintain financial records on behalf of the commission; (5) Monitor compact compliance of member states and provide compliance reports to the commission; (6) Establish additional committees as necessary; and (7) Other duties as provided in rules or bylaws. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

5. Meetings of the commission. Meetings of the commission are governed by this subsection. A. All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rule-making provisions in section 18562 . [PL 2021, c. 547, §1 (NEW).] B. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (1) Noncompliance of a member state with its obligations under the compact; (2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (3) Current, threatened or reasonably anticipated litigation; (4) Negotiation of contracts for the purchase, lease or sale of goods, services or real estate; (5) Accusing any person of a crime or formally censuring any person; (6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (8) Disclosure of investigative records compiled for law enforcement purposes; (9) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (10) Matters specifically exempted from disclosure by federal or member state statute. [PL 2021, c. 547, §1 (NEW).] C. If a meeting, or portion of a meeting, is closed pursuant to paragraph B , the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. [PL 2021, c. 547, §1 (NEW).] D. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

6. Financing of the commission. Financing of the commission is governed by this subsection. A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2021, c. 547, §1 (NEW).] B. The commission may accept any appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. [PL 2021, c. 547, §1 (NEW).] C. The commission may levy on and collect an annual assessment from each member state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states. [PL 2021, c. 547, §1 (NEW).] D. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same, and the commission may not pledge the credit of any of the member states, except by and with the authority of the member state. [PL 2021, c. 547, §1 (NEW).] E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws; however, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

7. Qualified immunity, defense and indemnification. Qualified immunity, defense and indemnification are governed by this subsection. A. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. [PL 2021, c. 547, §1 (NEW).] B. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to prohibit that person from retaining that person's own counsel, and as long as the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct. [PL 2021, c. 547, §1 (NEW).] C. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]
32 M.R.S. § 1853 — ME Code / Title 32 / Chapter 27 / Section 1853
32 §1853. Labeling
Status: in_force

Whenever artificial colors or flavors are used in the manufacture of a beverage, the bottle or other container or the crown thereof shall be distinctly labeled "Artificially colored and flavored." Whenever artificial coal tar colors are used, nothing but certified colors as approved by the United States Food and Drug Administration shall be allowed.

All open containers or receptacles that contain artificial color or artificial flavor shall be so labeled, and said labels shall be prominently displayed on container or suitable location so as to be likely to be read by the purchaser.
32 M.R.S. § 4317 — ME Code / Title 32 / Chapter 63-A / Section 4317
32 §4317. Compliance
Status: in_force

Beginning January 1, 1998, a person seeking to engage in the business of micropigmentation shall comply with the provisions of this chapter. [PL 1997, c. 383, §1 (NEW).]
32 M.R.S. § 3850-H — ME Code / Title 32 / Chapter 56 / Section 3850-H
32 §3850-H. Professional responsibility (REALLOCATED FROM TITLE 32, SECTION 3844)
Status: in_force

(REALLOCATED FROM TITLE 32, SECTION 3844)

All laws and rules governing professional responsibility, unprofessional conduct and generally accepted standards of practice that apply to a person licensed under this chapter also apply to that licensee while providing telehealth services. [PL 2021, c. 291, Pt. B, §11 (NEW); RR 2021, c. 1, Pt. A, §31 (RAL).]
32 M.R.S. § 3665 — ME Code / Title 32 / Chapter 51 / Section 3665
32 §3665. Rulemaking
Status: in_force

The board shall adopt rules governing telehealth services by persons licensed under this chapter. These rules must establish standards of practice and appropriate restrictions for the various types and forms of telehealth services. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 291, Pt. B, §10 (NEW).]
32 M.R.S. § 18705 — ME Code / Title 32 / Chapter 149 / Section 18705
32 §18705. Compact privilege (WHOLE SECTION TEXT EFFECTIVE 1/01/26)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 1/01/26)

1. Compact privilege. To exercise the compact privilege under the terms and provisions of the compact, the licensee: A. Must hold a license in the home state; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. May not have an encumbrance on any state license; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] C. Must be eligible for a compact privilege in any member state in accordance with subsections 4, 7 and 8; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] D. May not have an adverse action against any license or compact privilege within the previous 2 years; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] E. Must notify the commission that the licensee is seeking the compact privilege within a remote state; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] F. Must pay any applicable fees, including any state fee, for the compact privilege; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] G. Must meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] H. Must report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

2. Validity. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection 1 to maintain the compact privilege in the remote state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

3. Laws and regulations. A licensee providing physical therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

4. Regulation. A licensee providing physical therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. The licensee is not eligible for a compact privilege in any member state until the specific time for removal has passed and all fines are paid. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

5. Encumbrance. If a home state license is encumbered, the licensee must lose the compact privilege in any remote state until the following occur: A. The home state license is no longer encumbered; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. Two years have elapsed from the date of the adverse action. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

6. Restoration after encumbrance. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection 1 to obtain a compact privilege in any remote state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

7. Removal. If a licensee's compact privilege in any remote state is removed, the individual must lose the compact privilege in any remote state until the following occur: A. The specific period of time for which the compact privilege was removed has ended; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. All fines have been paid; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] C. Two years have elapsed from the date of the adverse action. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

8. Restoration after removal. Once the requirements of subsection 7 have been met, the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a remote state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
32 M.R.S. § 18302 — ME Code / Title 32 / Chapter 143 / Section 18302
32 §18302. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2015, c. 429, §21 (NEW).]

1. Board. "Board" means the Board of Dental Practice established in Title 5, section 12004‑A, subsection 10 . [PL 2015, c. 429, §21 (NEW).]

2. Charitable dentist license. [PL 2017, c. 388, §1 (RP).]

3. Clinical dentist educator license. [PL 2017, c. 388, §1 (RP).]

4. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [PL 2015, c. 429, §21 (NEW).]

5. Dental auxiliary. "Dental auxiliary" means a dental radiographer, expanded function dental assistant, dental hygienist, independent practice dental hygienist, public health dental hygienist, dental therapist or denturist. [PL 2019, c. 388, §5 (AMD).]

6. Dental hygiene. "Dental hygiene" means the delivery of preventative, educational and clinical services supporting total health for the control of oral disease and the promotion of oral health provided by a dental hygienist in accordance with this chapter. [PL 2015, c. 429, §21 (NEW).]

6-A. Dental hygiene diagnosis. "Dental hygiene diagnosis" means the identification of an existing oral health problem that a dental hygienist is qualified and licensed to treat. [PL 2023, c. 354, §1 (NEW).]

7. Dental therapist. "Dental therapist" means a person who holds a valid license as a dental hygienist issued by the board and is authorized to practice dental therapy under this chapter. [PL 2019, c. 388, §5 (AMD).]

8. Dental therapy. "Dental therapy" means the delivery of dental hygiene services, including performance of certain dental procedures in accordance with this chapter. [PL 2019, c. 388, §5 (AMD).]

9. Dental hygienist. "Dental hygienist" means a person who holds a valid license as a dental hygienist issued by the board. [PL 2015, c. 429, §21 (NEW).]

10. Dental radiographer. "Dental radiographer" means a person who holds a valid license as a dental radiographer issued by the board. [PL 2015, c. 429, §21 (NEW).]

11. Dental radiography. "Dental radiography" means the use of ionizing radiation on the maxilla, mandible and adjacent structures of human beings for diagnostic purposes while under the general supervision of a dentist or an independent practice dental hygienist in accordance with this chapter. [PL 2017, c. 388, §2 (AMD).]

12. Dentist. "Dentist" means a person who holds a valid dentist license issued by the board. [PL 2015, c. 429, §21 (NEW).]

13. Dentistry. "Dentistry" means the scope of practice for a dentist as described in section 18371 . [PL 2015, c. 429, §21 (NEW).]

14. Denture. "Denture" means any removable full or partial upper or lower prosthetic dental appliance to be worn in the human mouth to replace any missing natural teeth. [PL 2015, c. 429, §21 (NEW).]

15. Denturism. "Denturism" means the process of obtaining denture impressions and bite registrations for the purpose of making, producing, reproducing, constructing, finishing, supplying, altering or repairing a denture to be fitted to an edentulous or partially edentulous arch or arches and the fitting of a denture to an edentulous or partially edentulous arch or arches, including the making, producing, reproducing, constructing, finishing, supplying, altering and repairing of dentures, without performing alteration to natural or reconstructed tooth structure, in accordance with this chapter. [PL 2017, c. 388, §3 (AMD).]

16. Denturist. "Denturist" means a person who holds a valid denturist license issued by the board. [PL 2015, c. 429, §21 (NEW).]

17. Department. "Department" means the Department of Professional and Financial Regulation. [PL 2015, c. 429, §21 (NEW).]

18. Direct supervision. "Direct supervision" means the supervision required of those tasks and procedures requiring the physical presence of the supervisor in the practice setting at the time such tasks or procedures are being performed. In order to provide direct supervision of patient treatment, the supervisor must at least identify or diagnose the condition to be treated and authorize the treatment procedure prior to implementation. [PL 2021, c. 223, §1 (AMD).]

18-A. Director. "Director" means the Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation. [PL 2023, c. 17, Pt. P, §5 (NEW).]

19. Expanded function dental assistant. "Expanded function dental assistant" means a person who holds a valid expanded function dental assistant license issued by the board. [PL 2015, c. 429, §21 (NEW).]

20. Expanded function dental assisting. "Expanded function dental assisting" means performing certain dental procedures under the supervision of a dentist in accordance with this chapter. [PL 2015, c. 429, §21 (NEW).]

21. Faculty. "Faculty" means, when used in conjunction with a license issued under this chapter, the authority granted to an individual who is authorized to practice only within the school setting, including any satellite locations approved by the board, and who teaches dentistry, dental hygiene or denturism as part of a clinical and didactic program. [PL 2015, c. 429, §21 (NEW).]

22. General supervision. "General supervision" means the supervision of those tasks and procedures that do not require the physical presence of the supervisor in the practice setting while procedures are being performed but do require the tasks and procedures to be performed with the prior knowledge and consent of the supervisor. [PL 2021, c. 223, §2 (AMD).]

23. Independent practice dental hygienist. "Independent practice dental hygienist" means a person who holds a valid license as a dental hygienist issued by the board and who is authorized to practice independent dental hygiene. [PL 2015, c. 429, §21 (NEW).]

24. License. [PL 2023, c. 17, Pt. P, §6 (RP).]

25. Limited dentist. "Limited dentist" means a dentist who has retired from the regular practice of dentistry and who holds a valid license issued by the board to practice only in a nonprofit clinic without compensation for work performed at the clinic. Services provided by a limited dentist must be in accordance with this chapter. [PL 2015, c. 429, §21 (NEW).]

26. Local anesthesia. "Local anesthesia" means a drug, element or other material that results in a state of insensibility of a circumscribed area or the loss of sensation in some definite, localized area without inhibition of conscious processes. [PL 2015, c. 429, §21 (NEW).]

27. Nitrous oxide analgesia. "Nitrous oxide analgesia" means a gas containing nitrous oxide used to induce a controlled state of relative analgesia with the goal of controlling anxiety. [PL 2015, c. 429, §21 (NEW).]

28. Practice setting. "Practice setting" means the physical location where services authorized under this chapter are provided to the public. [PL 2015, c. 429, §21 (NEW).]

29. Provisional dental therapist. "Provisional dental therapist" means a person who holds a valid license as a dental hygienist issued by the board and who is authorized to practice dental therapy under the supervision of a dentist in accordance with this chapter. [PL 2019, c. 388, §6 (AMD).]

30. Public health dental hygiene. "Public health dental hygiene" means the delivery of certain dental hygiene services under a written supervision agreement with a dentist for the purpose of providing services in a public health setting in accordance with this chapter. [PL 2015, c. 429, §21 (NEW).]

31. Public health dental hygienist. "Public health dental hygienist" means a person who holds a valid license as a dental hygienist issued by the board and who is authorized to practice public health dental hygiene in accordance with this chapter. [PL 2015, c. 429, §21 (NEW).]

32. Public health setting. "Public health setting" means a place where the practice of public health dental hygiene occurs, and includes, but is not limited to, public and private schools, medical facilities, nursing homes, residential care facilities, mobile units, nonprofit organizations and community health centers. [PL 2015, c. 429, §21 (NEW).]

33. Resident dentist license. "Resident dentist license" means the authority granted to an individual who is a graduate of an approved dental school or college, who is not licensed to practice dentistry in this State and is authorized to practice under the direct or general supervision and direction of a dentist in a board-approved setting in accordance with this chapter. [PL 2015, c. 429, §21 (NEW).]

34. Reversible intraoral procedures. [PL 2017, c. 388, §4 (RP).]

35. Supervision. "Supervision" means either direct supervision or general supervision as determined by the tasks and procedures that are being performed in accordance with this chapter. [PL 2021, c. 223, §3 (NEW).]

36. Supervisor. "Supervisor" means an individual licensed by the board and authorized to provide supervision under this chapter. [PL 2021, c. 223, §4 (NEW).]

37. Teledentistry. "Teledentistry," as it pertains to the delivery of oral health care services, means the use of interactive, real-time visual, audio or other electronic media for the purposes of education, assessment, examination, diagnosis, treatment planning, consultation and directing the delivery of treatment by individuals licensed under this chapter and includes synchronous encounters, asynchronous encounters, remote patient monitoring and mobile oral health care in accordance with practice guidelines specified in rules adopted by the board. [PL 2021, c. 223, §5 (NEW).]
32 M.R.S. § 18503 — ME Code / Title 32 / Chapter 145 / Section 18503
32 §18503. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 253, §7 (NEW).]

1. Bylaws. "Bylaws" means those bylaws adopted by the interstate commission pursuant to section 18512 for its governance or for directing and controlling its actions and conduct. [PL 2017, c. 253, §7 (NEW).]

2. Commissioner. "Commissioner" means the voting representative appointed by a member board pursuant to section 18512 . [PL 2017, c. 253, §7 (NEW).]

3. Conviction. "Conviction" means a finding by a court that an individual is guilty of a criminal offense through adjudication or entry of a plea of guilty or no contest to the charge by the offender. Evidence of an entry of a conviction of a criminal offense by the court is considered final for purposes of disciplinary action by a member board. [PL 2017, c. 253, §7 (NEW).]

4. Expedited license. "Expedited license" means a full and unrestricted medical license granted by a member state to an eligible physician through the process set forth in the compact. [PL 2017, c. 253, §7 (NEW).]

5. Interstate commission. "Interstate commission" means the Interstate Medical Licensure Compact Commission created pursuant to section 18512 . [PL 2017, c. 253, §7 (NEW).]

6. License. "License" means authorization by a state for a physician to engage in the practice of medicine. [PL 2017, c. 253, §7 (NEW).]

7. Medical practice act. "Medical practice act" means the laws and rules governing the practice of allopathic and osteopathic medicine within a member state. [PL 2017, c. 253, §7 (NEW).]

8. Member board. "Member board" means a state agency in a member state that acts in the sovereign interests of the state by protecting the public through licensure, regulation and education of physicians as directed by the state government. [PL 2017, c. 253, §7 (NEW).]

9. Member state. "Member state" means a state that has enacted the compact. [PL 2017, c. 253, §7 (NEW).]

10. Offense. "Offense" means a felony, a Class A, Class B or Class C crime, an aggravated crime, a gross misdemeanor or a crime involving moral turpitude. [PL 2017, c. 253, §7 (NEW).]

11. Physician. "Physician" means a person who: A. Is a graduate of a medical school accredited by the Liaison Committee on Medical Education or the American Osteopathic Association's Commission on Osteopathic College Accreditation, or its successor, or a medical school listed in the International Medical Education Directory database or its successor; [PL 2017, c. 253, §7 (NEW).] B. Passed each component of the United States Medical Licensing Examination or the Comprehensive Osteopathic Medical Licensing Examination within 3 attempts or a predecessor examination accepted by a state member board as an equivalent examination for licensure purposes; [PL 2017, c. 253, §7 (NEW).] C. Successfully completed graduate medical education approved by the Accreditation Council for Graduate Medical Education or the American Osteopathic Association; [PL 2017, c. 253, §7 (NEW).] D. Holds specialty certification or a time-unlimited specialty certificate recognized by the American Board of Medical Specialties or the American Osteopathic Association's Bureau of Osteopathic Specialists; [PL 2017, c. 253, §7 (NEW).] E. Possesses a full and unrestricted license to engage in the practice of medicine issued by a member board; [PL 2017, c. 253, §7 (NEW).] F. Has never been convicted or received adjudication, deferred adjudication, community supervision or deferred disposition for any offense by a court of appropriate jurisdiction; [PL 2017, c. 253, §7 (NEW).] G. Has never held a license authorizing the practice of medicine and been subjected to discipline by a licensing agency in any state, federal or foreign jurisdiction, excluding any action related to nonpayment of fees related to a license; [PL 2017, c. 253, §7 (NEW).] H. Has never had a controlled substance license or permit suspended or revoked by a state or the United States Drug Enforcement Administration; and [PL 2017, c. 253, §7 (NEW).] I. Is not under active investigation by a licensing agency or law enforcement authority in any state, federal or foreign jurisdiction. [PL 2017, c. 253, §7 (NEW).] [PL 2017, c. 253, §7 (NEW).]

12. Practice of medicine. "Practice of medicine" means the clinical prevention, diagnosis or treatment of a human disease, injury or condition requiring a physician to obtain and maintain a license in compliance with the medical practice act of a member state. [PL 2017, c. 253, §7 (NEW).]

13. Rule. "Rule" means a written statement by the interstate commission promulgated pursuant to section 18513 that is of general applicability; implements, interprets or prescribes a policy or provision of the compact or an organizational, procedural or practice requirement of the interstate commission; has the force and effect of statutory law in a member state; and includes the amendment, repeal or suspension of an existing rule. [PL 2017, c. 253, §7 (NEW).]

14. State. "State" means any state, commonwealth, district or territory of the United States. [PL 2017, c. 253, §7 (NEW).]

15. State of principal license. "State of principal license" means a member state where a physician holds a license to practice medicine and that has been designated as the state of principal license by the physician for purposes of registration and participation in the compact. [PL 2017, c. 253, §7 (NEW).]
32 M.R.S. § 7361 — ME Code / Title 32 / Chapter 86 / Section 7361
32 §7361. Polygraph examiner's duties and responsibilities generally
Status: in_force

1. Duties and responsibilities. A polygraph examiner or an intern shall: A. Abide by the provisions of this chapter and rules adopted pursuant to this chapter; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] B. Ensure that confidential information protected under section 7365 is disclosed only as authorized by that section; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] C. Inform a subject to be examined of the nature of the examination; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] D. Inform the subject of an examination of the examination results on request at the completion of the examination; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] E. Provide within a reasonable time information requested by the commissioner as the result of a formal complaint to the commissioner alleging a violation of this chapter; and [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] F. Immediately report to the Department of Health and Human Services when the examiner knows or has reasonable cause to suspect that a person 14 years of age or younger will be the victim of a sexual assault crime as provided under Title 17‑A, chapter 11 or is in imminent danger of substantial bodily injury or death. The duty to report provided in this paragraph does not abrogate any other duty an examiner has to report by virtue of the examiner's profession pursuant to Title 22, section 3477 or 4011‑A . [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

2. Prohibitions. A polygraph examiner or an intern may not: A. Aid or abet another to violate this chapter or a rule adopted under this chapter; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] B. Allow the person's license issued under this chapter to be used by an unlicensed person in violation of this chapter; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] C. Make a material misstatement in an application for the issuance or renewal of a license; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] D. Make a misrepresentation or false promise or cause the printing of a false or misleading advertisement to directly or indirectly obtain business; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] E. Conduct an examination without the informed consent of the subject of the examination; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] F. Administer a polygraph examination to a minor without the written consent of a parent of the minor or the minor's legal guardian; [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] G. Make a false report concerning an examination for polygraph examination purposes; or [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] H. Commit a criminal offense, including, but not limited to, an offense that directly relates to the duties and responsibilities of a polygraph examiner. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

3. Disciplinary action. A person who fails to comply with this section is subject to disciplinary action pursuant to section 7388 . [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
32 M.R.S. § 15121 — ME Code / Title 32 / Chapter 131 / Section 15121
32 §15121. Duties of owners of boilers and pressure vessels
Status: in_force

1. Responsibility for inspection. It is the responsibility of the owner to arrange for an inspection of a boiler or pressure vessel and to prepare the boiler or pressure vessel for inspection. The late inspection fee set by the director under section 15104‑C may be assessed against the owner if an inspection report is not submitted within 60 days of the expiration of the most recent inspection certificate. [PL 2013, c. 70, Pt. C, §36 (AMD).]

2. Obtain inspection certificate. The owner of a boiler or pressure vessel shall submit the inspection certificate fee as set under section 15104‑C within 60 days of notification from the director that the inspection report required under section 15120 has been received by the director. Failure to submit the required fee within the 60 days provided may result in the assessment of a late certificate fee as set under section 15104‑C . [PL 2013, c. 70, Pt. C, §36 (AMD).]

3. Failure to qualify for inspection certificate. The owner of a boiler or pressure vessel that does not qualify for an inspection certificate shall take the boiler or pressure vessel out of operation until the required repairs have been made and a new inspection certificate has been issued. [PL 2001, c. 573, Pt. A, §9 (NEW).]

4. Notify director when required repairs made. The owner of a boiler or pressure vessel shall notify the director when required repairs have been made and provide the director with satisfactory evidence of completion. [PL 2013, c. 70, Pt. C, §36 (AMD).]

5. Notify director when boiler or pressure vessel removed. The owner of a boiler or pressure vessel shall notify the director within 30 days of the removal of the boiler or pressure vessel. [PL 2013, c. 70, Pt. C, §36 (AMD).]

6. Change of ownership. The owner of a boiler or pressure vessel shall notify the director of a transfer of ownership within 30 days of such a transfer. [PL 2013, c. 70, Pt. C, §36 (AMD).]

7. Failure to comply. In addition to the remedies available under this chapter, an owner of a boiler or pressure vessel who fails to comply with the provisions of this chapter or rules adopted by the director is subject to the provisions of Title 10, section 8003, subsection 5 whether or not the boiler or pressure vessel has a current inspection certificate, except that, notwithstanding Title 10, section 8003, subsection 5, paragraph A‑1 , subparagraph 3, a civil penalty of up to $3,000 may be imposed for each violation. [PL 2013, c. 70, Pt. C, §36 (AMD).]
32 M.R.S. § 13787-A — ME Code / Title 32 / Chapter 117 / Section 13787-A
32 §13787-A. Sale of hypodermic apparatus
Status: in_force

1. Authorized seller. A hypodermic apparatus, as defined in Title 17‑A, section 1101, subsection 2 , may be sold only by a manufacturer or dealer of embalming supplies, manufacturer or dealer of medical or dental supplies, wholesale druggist, manufacturing pharmacist, pharmacist, veterinarian, agricultural supply store or manufacturer of surgical instruments. [PL 1993, c. 394, §2 (NEW).]

2. Purchaser. Any person who is 18 years of age or older may purchase a hypodermic apparatus from a seller described in subsection 1 . [PL 1993, c. 394, §2 (NEW).]

3. Criminal immunity. [PL 2021, c. 434, §12 (RP).]

4. Immunity limited. This section does not limit prosecution for violation of any law prohibiting or regulating the use, possession, dispensing, distribution or promotion of controlled substances or scheduled drugs. [PL 2021, c. 434, §13 (AMD).]

5. Medicaid not affected. This section does not diminish, expand or otherwise affect Medicaid reimbursement for hypodermic apparatuses. [PL 1993, c. 394, §2 (NEW).]
32 M.R.S. § 4904 — ME Code / Title 32 / Chapter 73 / Section 4904
32 §4904. Corporations, partnerships, associations and government agencies
Status: in_force

This chapter does not prohibit one or more geologists or soil scientists from practicing through the medium of a sole proprietorship, partnership, corporation or government agency. In such partnership or corporation whose primary activity consists of geological services, or in a government agency in which geological work is done, at least one partner, officer or employee must be a licensed geologist. In such partnership or corporation whose primary activity consists of soil science services, or in a government agency in which soil science work is done, at least one partner, officer or employee must be a licensed soil scientist. In the case of an agency of State Government, the Department of Administrative and Financial Services, Bureau of Human Resources shall classify officers and employees under the Civil Service Law in a manner that ensures that at least one licensed geologist or soil scientist works for each agency in which, as the case may be, geological or soil science work is done and that any officer or employee who is engaged in the practice of geology or soil science and who is not licensed works as a subordinate to a licensed geologist or soil scientist, as the case may be, and does not have responsible charge of work or evaluation. [PL 2019, c. 285, §6 (AMD).]
32 M.R.S. § 1251 — ME Code / Title 32 / Chapter 19 / Section 1251
32 §1251. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2013, c. 296, §1 (AMD).]

1. Board. "Board" means the State Board of Licensure for Professional Engineers. [PL 2005, c. 315, §2 (AMD).]

1-A. Accreditation board. "Accreditation board" means the accreditation board for engineering and technology. [PL 2013, c. 296, §1 (NEW).]

1-B. Engineering accreditation commission. "Engineering accreditation commission" means the engineering accreditation commission of the accreditation board. [PL 2013, c. 296, §1 (NEW).]

1-C. Engineering technology accreditation commission. "Engineering technology accreditation commission" means the engineering technology accreditation commission of the accreditation board. [PL 2019, c. 375, §1 (NEW).]

2. Engineer-intern. "Engineer-intern" means a person who has been certified as an engineer-intern by the board. [PL 2013, c. 296, §1 (AMD).]

2-A. National council. "National council" means the National Council of Examiners for Engineering and Surveying. [PL 2013, c. 296, §1 (NEW).]

3. Practice of professional engineering. "Practice of professional engineering" means any professional service, such as consultation, investigation, evaluation, planning, design or responsible supervision of construction in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, wherein the public welfare or the safeguarding of life, health or property is concerned or involved, when such professional service requires the application of engineering principles and data. [PL 2013, c. 296, §1 (AMD).]

4. Professional engineer. "Professional engineer" means a person who, by reason of a knowledge of mathematics, the physical sciences and the principles of engineering, acquired by professional education and practical experience, is qualified to engage in engineering practice as defined. [PL 2013, c. 296, §1 (AMD).]

5. Technology accreditation commission. [PL 2019, c. 375, §2 (RP).]
32 M.R.S. § 10013 — ME Code / Title 32 / Chapter 104-A / Section 10013
32 §10013. Issuance of certification
Status: in_force

The board shall issue a certificate to any person who meets the requirements of this chapter upon payment of the prescribed certification fee. [PL 1985, c. 496, Pt. A, §2 (NEW).]
32 M.R.S. § 14512 — ME Code / Title 32 / Chapter 128 / Section 14512
32 §14512. Penalties
Status: in_force

The penalties in this section are in addition to penalties provided for specific violations within this subchapter. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

1. Criminal penalty. [PL 2003, c. 452, Pt. R, §13 (RP); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Civil penalty. The following penalties apply to violations of this subchapter. A. A transient seller of home repair services or the seller's employee who violates this subchapter commits a civil violation for which a fine of up to $2,000 may be adjudged. This penalty may be assessed against each seller and each employee. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A transient seller of home repair services or the seller's employee who violates this subchapter after having previously violated this subchapter 2 or more times commits a civil violation for which a fine of not more than $5,000 may be adjudged. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. A transient seller of home repair services or the seller's employee who violates this subchapter in a way that injures a consumer who is more than 60 years of age commits a civil violation for which a fine of up to $5,000 may be adjudged. [PL 2003, c. 452, Pt. R, §13 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] This subsection is enforceable by either the Department of the Attorney General or a district attorney. [PL 2003, c. 452, Pt. R, §13 (AMD); PL 2003, c. 452, Pt. X, §2 (AFF).]

3. Unfair trade practice. A transient seller of home repair services who fails to obtain a license in violation of this subchapter commits an unfair trade practice in violation of Title 5, section 207 . [PL 2007, c. 402, Pt. KK, §8 (AMD).]

4. Revocation. In any action under this section the court may also revoke the seller's license to engage in the door-to-door sale of home repair services. [PL 2007, c. 402, Pt. KK, §9 (AMD).]
32 M.R.S. § 223-A — ME Code / Title 32 / Chapter 3-A / Section 223-A
32 §223-A. Licensure without examination
Status: in_force

A license may be issued without an examination under any one of the following conditions. [PL 1991, c. 396, §18 (NEW).]

1. Certification by National Council of Architectural Registration Boards. An architect license may be issued without examination to an applicant who has a current and valid certificate of licensure from another state and a current and valid certificate from the National Council of Architectural Registration Boards or its successor or other organization approved by the board. The applicant must file an application for licensure with the board. [PL 2007, c. 402, Pt. F, §17 (AMD).]

2. Architect licensure from other jurisdictions. An architect license may be issued without examination to an applicant who holds a current and valid license from another jurisdiction provided the requirements for the license are determined equivalent to requirements for licensure by examination in this State and the applicant submits other evidence of ability as may be required by the board. [PL 1991, c. 396, §18 (NEW).]

3. Certification by Council of Landscape Architectural Registration Boards. A landscape architect license may be issued without examination to an applicant who has passed a standard examination and received certification by the Council of Landscape Architectural Registration Boards and provides the board further evidence of continued honorable professional conduct after passing the examination. [PL 1991, c. 396, §18 (NEW).]

4. Landscape architect licensure from other jurisdictions. A landscape architect license may be issued without examination to an applicant who holds a current and valid license from another jurisdiction provided the requirements for the license are determined equivalent to the requirements for licensure by examination in this State and the applicant submits other evidence of ability as may be required by the board. [PL 1991, c. 396, §18 (NEW).]
32 M.R.S. § 14049-E — ME Code / Title 32 / Chapter 124-A / Section 14049-E
32 §14049-E. Compensation of appraisers
Status: in_force

An appraisal management company shall compensate appraisers in accordance with the appraisal independence standards established under the federal Truth in Lending Act, 15 United States Code, Section 1639e (2016) and its implementing regulations, 12 Code of Federal Regulations, Section 1026.42 (2016). Except in cases of breach of contract or substandard performance of an appraisal service, an appraisal management company shall make payment to an appraiser for the completion of an appraisal service within 45 days of the date on which the appraiser transmits or otherwise provides the results of the completed appraisal service to the appraisal management company. [PL 2017, c. 475, Pt. D, §1 (REEN).]
32 M.R.S. § 9907 — ME Code / Title 32 / Chapter 104 / Section 9907
32 §9907. Qualifications
Status: in_force

1. Dietitian's licensing. An applicant for licensing as a dietitian must file a written application showing to the satisfaction of the board that the applicant meets the following requirements. A. The applicant must exhibit trustworthiness and competency. [PL 2007, c. 402, Pt. Y, §4 (AMD).] B. An applicant must present evidence satisfactory to the board of having successfully completed the academic requirements established by the American Dietetic Association or equivalent requirements as determined by the board and must have received a baccalaureate or higher degree from an accredited college or university. As part of the applicant's professional education , the applicant must have completed courses in organic and inorganic chemistry, human physiology, microbiology, principles of sociology or psychology, basic communication skills, economics, food composition, nutrition and management theory. [PL 1995, c. 402, Pt. A, §32 (AMD).] C. An applicant must submit to the board evidence of having successfully completed the experience requirements approved by the American Dietetic Association or equivalent experience approved by the board. That experience must include at least 6 months full-time experience in the field of dietetics, or its part-time equivalent. The experience must have been acquired during or within 5 years of completion of the academic requirements in paragraph B or not more than 5 years before the date of license application. [PL 1995, c. 402, Pt. A, §32 (AMD).] D. The applicant must have successfully completed an examination given by the American Dietetic Association or its equivalent as determined and approved by the board. The examination requirement of this paragraph does not apply to an applicant who presents evidence of having practiced as a dietitian without censure for a period of 10 years immediately prior to September 30, 1987. [PL 2007, c. 402, Pt. Y, §4 (AMD).] [PL 2007, c. 402, Pt. Y, §4 (AMD).]

2. Dietetic technician's licensing. An applicant for licensing as a dietetic technician must file a written application showing to the satisfaction of the board that the applicant meets the following requirements. A. The applicant must exhibit trustworthiness and competency. [PL 2007, c. 402, Pt. Y, §4 (AMD).] B. The applicant must have graduated from a dietetic technician program approved by the Commission on Accreditation of the American Dietetic Association or its equivalent, as determined by the board, or graduated with a Bachelor of Science Degree in Food and Nutrition from an approved 4-year program. [PL 1985, c. 389, §28 (NEW).] C. An applicant must submit to the board evidence of having successfully completed a 2-month work experience approved by the board. That experience must have been acquired during or within 5 years from completion of the academic requirements in paragraph B and not more than 5 years from the date of license application. [PL 1995, c. 402, Pt. A, §32 (AMD).] D. The applicant must have successfully completed an examination given by the American Dietetic Association or its equivalent as determined by the board. [PL 1987, c. 313, §5 (NEW).] [PL 2007, c. 402, Pt. Y, §4 (AMD).]
32 M.R.S. § 7353 — ME Code / Title 32 / Chapter 86 / Section 7353
32 §7353. Commissioner; powers and duties
Status: in_force

1. Administer and enforce. The commissioner shall administer and enforce this chapter. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

2. Rules. The commissioner shall adopt rules necessary to carry out the purposes of this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

3. Board. The commissioner shall consult with the board concerning the licensing of polygraph examiners, polygraph examiner internship requirements and any other matters necessary for the administration of this chapter. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
32 M.R.S. § 3841 — ME Code / Title 32 / Chapter 56 / Section 3841
32 §3841. Short title; legislative intent; declaration of purpose - Article 1
Status: in_force

1. Short title. This subchapter may be known and cited as "the Psychology Interjurisdictional Compact." [PL 2021, c. 331, §1 (NEW).]

2. Legislative intent. This compact is the Maine enactment of the Psychology Interjurisdictional Compact, which is referred to in this subchapter as "the compact." The form, format and text of the compact have been changed minimally so as to conform to the Maine Revised Statutes. The changes to the compact are technical in nature, and this Act must be interpreted as substantively the same as the compact that is enacted by other compact states. [PL 2021, c. 331, §1 (NEW).]

3. Purpose. The compact protects the public through the verification of education, training and experience and ensures accountability for the professional practice of psychology. A. The compact: (1) Regulates the day-to-day practice of telepsychology, that is, the provision of psychological services using telecommunications technologies by psychologists across state boundaries in the performance of their psychological practice as assigned by an appropriate authority; (2) Regulates the temporary in-person, face-to-face practice of psychology by psychologists across state boundaries for 30 days within a calendar year in the performance of their psychological practice as assigned by an appropriate authority; (3) Authorizes state psychology regulatory authorities to afford legal recognition, in a manner consistent with the terms of the compact, to psychologists licensed in another state; (4) Recognizes that states have a vested interest in protecting public health and safety through their licensing and regulation of psychologists and that such regulation will best protect public health and safety; (5) Does not apply when psychologists are licensed in both their home state and receiving states; and (6) Does not apply to ongoing in-person, face-to-face practice but allows for authorization of a temporary psychological practice. [PL 2021, c. 331, §1 (NEW).] B. The compact is designed to achieve the following purposes and objectives: (1) To increase public access to professional psychological services by allowing for telepsychological practice across state lines as well as temporary in-person, face-to-face services in a state in which the psychologist is not licensed to practice psychology; (2) To enhance a state's ability to protect public health and safety, especially client safety; (3) To encourage the cooperation of compact states in the areas of psychology licensure and regulation; (4) To facilitate the exchange of information between compact states regarding psychologist licensure, adverse actions and disciplinary history; (5) To promote compliance with the laws governing psychological practice in each compact state; and (6) To invest all compact states with the authority to hold licensed psychologists accountable through the mutual recognition of compact states' licenses. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

Revisor's Note: §3841. Definitions (As enacted by PL 2021, c. 291, Pt. B, §11 is REALLOCATED TO TITLE 32, SECTION 3850-E)
32 M.R.S. § 4911 — ME Code / Title 32 / Chapter 73 / Section 4911
32 §4911. Expiration and renewal
Status: in_force

Licenses expire on December 31st or at such other times as the Commissioner of Professional and Financial Regulation may designate and become invalid on that date unless renewed. [PL 2007, c. 402, Pt. S, §9 (AMD).]

A license may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 4912 . Any person who submits an application for renewal more than 90 days after the license renewal date is subject to all requirements governing new applicants under this chapter, except that the board may, in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is received, together with the late fee and renewal fee, within 2 years from the date of the expiration. [PL 2007, c. 402, Pt. S, §9 (AMD).]
32 M.R.S. § 18564 — ME Code / Title 32 / Chapter 147 / Section 18564
32 §18564. Date of implementation of counseling compact; commission and associated rules, withdrawal and amendment
Status: in_force

1. Effective date. The compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions of the compact that become effective at that time are limited to the powers granted to the commission relating to assembly and the promulgation of rules. After the effective date of the compact, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact. [PL 2021, c. 547, §1 (NEW).]

2. Subsequent member states. Any state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state. [PL 2021, c. 547, §1 (NEW).]

3. Withdrawal. Any member state may withdraw from this compact by enacting a statute repealing the same. A. A member state's withdrawal does not take effect until 6 months after enactment of the repealing statute. [PL 2021, c. 547, §1 (NEW).] B. Withdrawal does not affect the continuing requirement of the withdrawing state's professional counseling licensing board to comply with the investigative and adverse action reporting requirements of this chapter prior to the effective date of withdrawal. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

4. Other agreements or arrangements. Nothing contained in this compact may be construed to invalidate or prevent any professional counseling licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. [PL 2021, c. 547, §1 (NEW).]

5. Amendment. This compact may be amended by the member states. An amendment to this compact does not become effective and binding upon any member state until it is enacted into the laws of all member states. [PL 2021, c. 547, §1 (NEW).]
32 M.R.S. § 18435 — ME Code / Title 32 / Chapter 143 / Section 18435
32 §18435. Compact privilege
Status: in_force

1. Requirements. To obtain and exercise a compact privilege, a licensee must: A. Have a qualifying license as a dentist or dental hygienist in a participating state; [PL 2023, c. 664, §1 (NEW).] B. Be eligible for a compact privilege in any remote state in accordance with this subchapter; [PL 2023, c. 664, §1 (NEW).] C. Submit to an application process whenever the licensee is seeking a compact privilege; [PL 2023, c. 664, §1 (NEW).] D. Pay any applicable commission and remote state fees for a compact privilege in the remote state; [PL 2023, c. 664, §1 (NEW).] E. Meet any jurisprudence requirement established by a remote state in which the licensee is seeking a compact privilege; [PL 2023, c. 664, §1 (NEW).] F. Have passed a national board examination of the Joint Commission on National Dental Examinations or its successor organization or another examination accepted by commission rule; [PL 2023, c. 664, §1 (NEW).] G. For a dentist, have graduated from a predoctoral dental education program accredited by the Commission on Dental Accreditation, or another accrediting agency recognized by the United States Department of Education for the accreditation of dentistry and dental hygiene education programs, leading to the doctor of dental surgery or doctor of dental medicine degree; [PL 2023, c. 664, §1 (NEW).] H. For a dental hygienist, have graduated from a dental hygiene education program accredited by the Commission on Dental Accreditation or another accrediting agency recognized by the United States Department of Education for the accreditation of dentistry and dental hygiene education programs; [PL 2023, c. 664, §1 (NEW).] I. Have successfully completed a clinical assessment for licensure; [PL 2023, c. 664, §1 (NEW).] J. Report to the commission adverse action taken by any nonparticipating state when applying for a compact privilege and, otherwise, within 30 days from the date the adverse action is taken; [PL 2023, c. 664, §1 (NEW).] K. Report to the commission when applying for a compact privilege the address of the licensee's primary residence and thereafter immediately report to the commission any change in the address of the licensee's primary residence; and [PL 2023, c. 664, §1 (NEW).] L. Consent to accept service of process by mail at the licensee's primary residence on record with the commission with respect to any action brought against the licensee by the commission or a participating state, and consent to accept service of a subpoena by mail at the licensee's primary residence on record with the commission with respect to any action brought or investigation conducted by the commission or a participating state. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]

2. Compliance. The licensee must comply with all of the requirements of subsection 1 to maintain the compact privilege in a remote state. If those requirements are met, the compact privilege continues as long as the licensee maintains a qualifying license in the state through which the licensee applied for the compact privilege and pays any applicable compact privilege renewal fees. [PL 2023, c. 664, §1 (NEW).]

3. Scope of practice. A licensee providing dentistry or dental hygiene in a remote state under the compact privilege shall function within the scope of practice authorized by the remote state for a dentist or dental hygienist licensed in that state. A licensee providing dentistry or dental hygiene pursuant to a compact privilege in a remote state is subject to that state's regulatory authority. [PL 2023, c. 664, §1 (NEW).]

4. Revocation or limitation of compact privilege by remote state. A remote state may, in accordance with due process and that state's laws, by adverse action revoke or remove a licensee's compact privilege in the remote state for a specific period of time and impose fines or take any other necessary actions to protect the health and safety of its citizens. If a remote state imposes an adverse action against a compact privilege that limits the compact privilege, that adverse action applies to all compact privileges in all remote states. A licensee whose compact privilege in a remote state is revoked or removed for a specified period of time is not eligible for a compact privilege in any other remote state until the specific time for revocation or removal of the compact privilege has passed and all encumbrance requirements are satisfied. [PL 2023, c. 664, §1 (NEW).]

5. Encumbered license. If a license in a participating state is an encumbered license, the licensee loses the compact privilege in a remote state and is not eligible for a compact privilege in any remote state until the license is no longer encumbered. A. Once an encumbered license in a participating state is restored to good standing, the licensee must meet the requirements of subsection 1 to obtain a compact privilege in a remote state. [PL 2023, c. 664, §1 (NEW).] B. If a licensee's compact privilege in a remote state is revoked or removed by the remote state, the individual shall lose or be ineligible for the compact privilege in any remote state until the following occur: (1) The specific period of time for which the compact privilege was revoked or removed has ended; and (2) All conditions for revocation or removal of the compact privilege have been satisfied. [PL 2023, c. 664, §1 (NEW).] C. Once the requirements of paragraph B have been met, the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a remote state. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]
32 M.R.S. § 15117 — ME Code / Title 32 / Chapter 131 / Section 15117
32 §15117. Inspection required; certificates issued
Status: in_force

Each boiler or pressure vessel used or proposed for use within this State, except boilers or pressure vessels exempt under section 15102 , must be thoroughly inspected by the chief inspector, a deputy inspector or an authorized inspector as to its design, construction, installation, condition and operation. When any boiler or pressure vessel inspected as specified by the director is found to be suitable and to conform to the rules of the director, the chief inspector shall issue to the owner or user of that boiler or pressure vessel, upon payment of a fee to the director, an inspection certificate for each boiler or pressure vessel. The fee under section 15104‑C must be set by the director. Inspection certificates must specify the maximum pressure that the boiler or pressure vessel inspected is allowed to carry. The inspection certificate may be valid for not more than 14 months from the date of inspection in the case of boilers and 38 months from the date of inspection in the case of pressure vessels and must be posted under glass in the engine or boiler room containing the boiler or pressure vessel or an engine operated by it or, in the case of a portable boiler, in the office of the plant where it is temporarily located. [PL 2013, c. 70, Pt. C, §31 (AMD).]

In accordance with the provisions of the Maine Administrative Procedure Act, the chief inspector or any deputy inspector may at any time suspend an inspection certificate when, in the inspector's opinion, the boiler or pressure vessel for which it was issued may not continue to be operated without menace to the public safety. An authorized inspector has corresponding powers with respect to inspection certificates for boilers and pressure vessels insured by the company employing the inspector. [PL 2013, c. 70, Pt. C, §31 (AMD).]
32 M.R.S. § 3300-H — ME Code / Title 32 / Chapter 48 / Section 3300-H
32 §3300-H. Inspection or copying of record; procedure
Status: in_force

1. Request for record; redaction. When the board receives a request to inspect or copy all or part of the record of an applicant or licensee, the board shall redact information that is not public before making the record available for inspection or copying. [PL 2019, c. 499, §3 (NEW).]

2. Notice and opportunity to review. When the board acknowledges a request to inspect or copy an applicant's or a licensee's record 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 record before it is made available for inspection or copying. The acknowledgment to the requester must include a description of the review process provided to the applicant or licensee pursuant to this section, including the fact that all or part of the record may be withheld if the board finds that disclosure of all or part of the redacted record creates a potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party. The applicant or licensee has 10 business days from the date the board sends the notice to request the opportunity to review the redacted record. If the applicant or licensee so requests, the board shall send a copy of the redacted record to the applicant or licensee for review. The board shall make the redacted record available to the requester for inspection or copying 10 business days after sending the redacted record to the applicant or licensee for review unless the board receives a petition from the applicant or licensee under subsection 4 . [PL 2019, c. 499, §3 (NEW).]

3. Reasonable costs. Reasonable costs related to the review of a record by the applicant or licensee are considered part of the board's costs to make the redacted record available for inspection or copying under subsection 2 and may be charged to the requester. [PL 2019, c. 499, §3 (NEW).]

4. Action based on personal safety. An applicant or licensee may petition the board to withhold the release of all or part of a record 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 record is disclosed to the public. The applicant or licensee must petition the board to withhold all or part of the record within 10 business days after the board sends the applicant or licensee the redacted record. The petition must include an explanation of the potential safety risks and a list of items requested to be withheld. Within 60 days of receiving the petition, the board shall notify the applicant or licensee of its decision on the petition. If the applicant or licensee disagrees with the board's decision, the applicant or licensee may file a petition in Superior Court to enjoin the release of the record under subsection 5 . [PL 2019, c. 499, §3 (NEW).]

5. Injunction based on personal safety. An applicant or licensee may bring an action in Superior Court to enjoin the board from releasing all or part of a record 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 record is disclosed to the public. The applicant or licensee must file the action within 10 business days after the board notifies the applicant or licensee under subsection 4 that the board will release all or part of the redacted record to the requester. The applicant or licensee shall immediately provide written notice to the board that the action has been filed, and the board may not make the record available for inspection or copying until the action is resolved. [PL 2019, c. 499, §3 (NEW).]

6. Hearing. The hearing on an action filed under subsection 5 may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [PL 2019, c. 499, §3 (NEW).]

7. Application. This section does not apply to requests for records from other governmental licensing or disciplinary authorities or from any health care providers located within or outside this State that are concerned with granting, limiting or denying an applicant's or licensee's employment or privileges. [PL 2019, c. 499, §3 (NEW).]
32 M.R.S. § 10010-B — ME Code / Title 32 / Chapter 104-A / Section 10010-B
32 §10010-B. Certification of employees of the department
Status: in_force

Employees of the Department of Environmental Protection may be certified for the purposes of carrying out their assigned duties and responsibilities but remain subject to the conditions set forth in Title 5, section 18 . [PL 1985, c. 763, Pt. A, §96 (NEW).]
32 M.R.S. § 16525 — ME Code / Title 32 / Chapter 135 / Section 16525
32 §16525. Payment of restitution assistance; limits
Status: in_force

1. Payment cap. The administrator may award to a claimant restitution assistance that is: A. The lesser of $15,000 and 25% of the amount of unpaid restitution awarded in the final order if the victim is not an eligible adult; or [PL 2021, c. 576, §1 (NEW).] B. The lesser of $30,000 and 50% of the amount of unpaid restitution awarded in the final order if the victim is an eligible adult. [PL 2021, c. 576, §1 (NEW).] [PL 2021, c. 576, §1 (NEW).]

2. Waiver. The administrator may waive the payment caps in subsection 1 for good cause shown. [PL 2021, c. 576, §1 (NEW).]

3. Award limited. An award of restitution assistance under this subchapter may be made to only one claimant per victim. [PL 2021, c. 576, §1 (NEW).]

Restitution assistance awards may be made under this subchapter only to victims awarded restitution in a final order issued on or after the effective date of this subchapter. [PL 2021, c. 576, §1 (NEW).]
32 M.R.S. § 15221 — ME Code / Title 32 / Chapter 133 / Section 15221
32 §15221. Inspection of elevators and tramways
Status: in_force

1. Fees; inspection certificate. Each elevator or tramway proposed to be used within this State must be thoroughly inspected by either the chief inspector, a deputy inspector or a licensed private elevator or tramway inspector and, if found to conform to the rules of the director, the director shall issue to the owner an inspection certificate. Fees for inspection and certification of elevators and tramways must be set by the director under section 15225‑A and must be paid by the owner of the elevator or tramway. The certificate must specify the maximum load to which the elevator or tramway may be subjected, the date of its issuance and the date of its expiration. The elevator certificate must be posted in the elevator and the tramway certificate at a conspicuous place in the machine area. [PL 2013, c. 70, Pt. D, §24 (AMD).]

2. Scheduled inspections. The owner of an elevator shall have the elevator inspected annually by a licensed private elevator inspector, the chief inspector or a deputy inspector. The owner of a tramway shall have the tramway inspected by a licensed private tramway inspector, the chief inspector or a deputy inspector twice each year. One tramway inspection must be made when weather conditions permit a complete inspection of all stationary and moving parts. The 2nd tramway inspection must be made while the tramway is in operation. [PL 2001, c. 573, Pt. B, §26 (AMD); PL 2001, c. 573, Pt. B, §36 (AFF).]

3. Temporary suspension of inspection certificate; condemnation card. When, in the inspector's opinion, the elevator or tramway can not continue to be operated without menace to the public safety, the chief inspector or deputy inspector may temporarily suspend an inspection certificate in accordance with Title 5, section 10004 and post or direct the posting of a red card of condemnation at every entrance to the elevator or tramway. The condemnation card is a warning to the public and must be of such type and dimensions as the director determines. The suspension continues, pending decision on any application with the District Court for a further suspension. The condemnation card may be removed only by the inspector posting it or by the chief inspector. [PL 2013, c. 70, Pt. D, §25 (AMD).]

4. Special certificate; special conditions. When, upon inspection, an elevator or tramway is found by the inspector to be in reasonably safe condition but not in full compliance with the rules of the director, the inspector shall certify to the chief inspector the inspector's findings and the chief inspector may issue a special certificate, to be posted as required in this section. This certificate must set forth any special conditions under which the elevator or tramway may be operated. [PL 2013, c. 70, Pt. D, §26 (AMD).]

5. Inspection reports. Licensed private tramway and elevator inspectors shall submit inspection reports to the owner on a form provided by the director within 15 working days from the date of the inspection. [PL 2013, c. 70, Pt. D, §27 (AMD).]

6. Follow-up inspections. All follow-up inspections necessary to enforce compliance must be performed by either the chief inspector or a deputy inspector. A fee set by the director under section 15225‑A must be charged for those follow-up inspections. [PL 2001, c. 573, Pt. B, §26 (AMD); PL 2001, c. 573, Pt. B, §36 (AFF).]

7. Certificate not transferable. An inspection certificate may not be transferred to any other person, firm, corporation or association. If ownership of an elevator or tramway is transferred, the new owner must apply for a new inspection certificate as required by section 15229, subsection 7 . [PL 2001, c. 573, Pt. B, §26 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]
32 M.R.S. § 12280 — ME Code / Title 32 / Chapter 113 / Section 12280
32 §12280. Licensee's working papers; client's records
Status: in_force

1. Records; property of licensee. All statements, records, schedules, working papers and memoranda made by a licensee or a partner, shareholder, officer, director or employee of a licensee, incident to, or in the course of, rendering services to a client in the practice of public accountancy, except the reports submitted by the licensee to the client and except for records that are part of the client's records, shall be and remain the property of the licensee in the absence of an express agreement between the licensee and the client to the contrary. No statement, record, schedule, working paper or memorandum may be sold, transferred or bequeathed, without the consent of the client or his personal representative or assignee, to anyone other than one or more surviving partners or stockholders or new partners or stockholders of the licensee or any combined or merged firm or successor in interest to the licensee. [PL 1987, c. 489, §2 (NEW).]

2. Licensee to furnish items to client. A licensee shall furnish to his client or former client upon request and reasonable notice: A. A copy of the licensee's working papers, to the extent that the working papers include records that would ordinarily constitute part of the client's records and are not otherwise available to the client; and [PL 1987, c. 489, §2 (NEW).] B. Any accounting or other records belonging to, or obtained from or on behalf of, the client that the licensee removed from the client's premises or received for the client's account. The licensee may make and retain copies of those documents of the client when they form the basis for work done by him. [PL 1987, c. 489, §2 (NEW).] [PL 1987, c. 489, §2 (NEW).]
32 M.R.S. § 5515 — ME Code / Title 32 / Chapter 76 / Section 5515
32 §5515. Forester
Status: in_force

1. Scope of practice. A forester license entitles the holder to engage in the practice of forestry. [PL 2001, c. 261, §4 (NEW).]

2. Professional qualification. The applicant must demonstrate compliance with the professional qualifications as set forth in section 5514, subsection 2 . [PL 2001, c. 261, §4 (NEW).]

3. Internship. An applicant for a forester license shall complete an internship as follows. A. An applicant with an associate degree or no degree shall demonstrate 48 months of forestry experience as an intern forester or as provided in this paragraph pursuant to rules adopted by the board. Notwithstanding the licensure requirements under this subchapter, an applicant with an associate degree may earn up to 12 months of forestry experience toward the 48-month requirement prior to the issuance of an intern forester license if: (1) The forestry experience is obtained after the applicant has completed the first year of an associate degree program and prior to graduation from that program and is under the supervision of a forester registered with the board pursuant to subsection 10, paragraph B ; or (2) The applicant can demonstrate lawful prior professional forestry practice in another jurisdiction. An applicant under this paragraph must complete the 48 months of experience within 6 calendar years prior to application. [PL 2013, c. 527, §2 (RPR); PL 2013, c. 527, §9 (AFF).] B. An applicant with a bachelor's degree or higher shall demonstrate 24 months of forestry experience as an intern forester or as provided in this paragraph pursuant to rules adopted by the board. An applicant with a bachelor's degree or higher may earn up to 12 months of forestry experience toward the 24-month requirement prior to the issuance of an intern forester license if: (1) The forestry experience is obtained after the applicant has completed the junior year of the bachelor's degree program and prior to graduation and is under the supervision of a forester registered with the board pursuant to subsection 10, paragraph B ; or (2) The applicant can demonstrate lawful prior professional forestry practice in another jurisdiction. An applicant under this paragraph must complete the 24 months of experience within 6 calendar years prior to application. [PL 2013, c. 527, §2 (RPR); PL 2013, c. 527, §9 (AFF).] [PL 2013, c. 527, §2 (RPR); PL 2013, c. 527, §9 (AFF).]

4. Recommendation. The applicant shall submit a reference from the sponsor, unless the sponsor is unavailable as a reference through no fault of the applicant. An applicant exempted under subsection 5 shall submit a reference from a forestry professional familiar with the applicant's forestry practice. [PL 2013, c. 527, §3 (AMD); PL 2013, c. 527, §9 (AFF).]

5. Exemption to internship; professional practice in another jurisdiction. Notwithstanding subsection 3 , the board may waive the internship requirement, as set forth in subsection 3 , for an applicant who has at least 24 months of lawful prior professional forestry practice in another jurisdiction within the 6-year period prior to application pursuant to rules adopted by the board. [PL 2013, c. 527, §3 (AMD); PL 2013, c. 527, §9 (AFF).]

5-A. Exemption to internship; professional practice as a federal employee. Notwithstanding subsection 3 , the board may waive the internship requirement, as set forth in subsection 3 , for an applicant who has at least 24 months of prior professional forestry practice as an employee of the Federal Government within the 6-year period prior to application pursuant to rules adopted by the board. [PL 2013, c. 527, §4 (NEW); PL 2013, c. 527, §9 (AFF).]

6. Examination. Each applicant for a forester license shall successfully pass an examination approved by the board designed to test an individual's knowledge to engage in the practice of forestry. An applicant with an associate degree or higher from a program that has a curriculum in forestry from a school or college approved by the board is required to pass only the examination section that tests the applicant's knowledge of the State's forestry laws, rules and practices. Applicants must meet all other qualifications for licensure prior to taking the examination except that an applicant with a degree in forestry from a school or college approved by the board pursuant to rules adopted by the board may take the examination prior to meeting all of the qualifications for licensure. [PL 2015, c. 414, §2 (AMD).]

7. Continuing education required. As a prerequisite to renewal of a forester license, applicants must complete continuing education as set forth by rules adopted by the board. [PL 2001, c. 261, §4 (NEW).]

8. Renewal. Licenses expire annually on December 31st or on a date the commissioner determines. The board shall issue a renewal license upon receipt of the written request for renewal, the renewal fee as set under section 5507 and evidence of satisfactory completion of continuing education as set forth in subsection 7 . Licenses may be renewed up to 90 days after expiration upon payment of a late fee as set under section 5507 in addition to the renewal fee. A person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may, in its discretion and giving due consideration to the protection of the public, waive examination and internship if the renewal application is within 2 years from the date of expiration for those applicants who demonstrate compliance with subsection 7 and upon payment of an additional late fee as set under section 5507 in addition to the 90-day late fee and renewal fee. [PL 2007, c. 402, Pt. T, §11 (AMD).]

9. Endorsement of documents. Plans, maps and reports issued by the forester must be endorsed with the forester's name and license number during the life of the forester's license. [PL 2001, c. 261, §4 (NEW).]

10. Sponsor; supervisor. A forester: A. May act as a sponsor for an intern forester pursuant to the requirements of section 5514 and rules adopted by the board; and [PL 2001, c. 261, §4 (NEW).] B. Must register with the board to supervise the activities of an unlicensed person pursuant to rules adopted by the board. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 364, §5 (AMD).] [PL 2003, c. 364, §5 (AMD).]
32 M.R.S. § 6081 — ME Code / Title 32 / Chapter 79-A / Section 6081
32 §6081. Investigations
Status: in_force

Investigations by the administrator are governed by this section. [PL 2023, c. 662, §2 (NEW).]

1. Examination. The administrator may conduct an examination or investigation of a licensee or authorized delegate or otherwise take independent action authorized by this Act or by a rule adopted or order issued under this Act as reasonably necessary or appropriate to administer and enforce this Act, rules implementing this Act and other applicable law, including the Bank Secrecy Act and the federal Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 2001, Public Law 107-56, 115 Stat. 272. The administrator may: A. Conduct an examination of a licensee's business either on-site or off-site as the administrator may reasonably require; [PL 2023, c. 662, §2 (NEW).] B. Conduct an examination in conjunction with an examination conducted by representatives of agencies of the State or agencies of another state or of the Federal Government; [PL 2023, c. 662, §2 (NEW).] C. Accept the examination report of an agency of the State or an agency of another state or of the Federal Government or a report prepared by an independent accounting firm, which on being accepted is considered for all purposes as an official report of the administrator; and [PL 2023, c. 662, §2 (NEW).] D. Summon and examine under oath a key individual or employee of a licensee or authorized delegate and require a key individual or employee to produce records regarding any matter related to the condition and business of the licensee or authorized delegate. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

2. Records. A licensee or authorized delegate shall provide, and the administrator may have full and complete access to, all records the administrator may reasonably require to conduct a complete examination. The records must be provided at the location and in the format specified by the administrator, and the administrator may use multistate record production standards and examination procedures when such standards and procedures will reasonably achieve the requirements of this subsection. [PL 2023, c. 662, §2 (NEW).]

3. Costs. Unless otherwise directed by the administrator, a licensee shall pay all costs reasonably incurred in connection with an examination of the licensee or the licensee's authorized delegates. [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 12534-A — ME Code / Title 32 / Chapter 113-B / Section 12534-A
32 §12534-A. Licensure by endorsement
Status: in_force

Notwithstanding any provision of this subchapter to the contrary, the board, in accordance with Title 10, section 8003‑H and any applicable rules adopted pursuant to that section, shall establish a process to issue a license by endorsement for each license authorized under this subchapter that the board determines is appropriate for licensure by endorsement. An applicant may submit an application under the process established under this section or any other licensure process authorized in this subchapter. [PL 2021, c. 642, §37 (NEW).]
32 M.R.S. § 19601 — ME Code / Title 32 / Chapter 151 / Section 19601
32 §19601. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 580, §8 (NEW).]

1. Asynchronous encounter. "Asynchronous encounter" means an interaction between a patient and a licensee through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the patient and the licensee. [PL 2023, c. 580, §8 (NEW).]

2. Store and forward transfer. "Store and forward transfer" means the transmission of a patient's records through a secure electronic system to a licensee. [PL 2023, c. 580, §8 (NEW).]

3. Synchronous encounter. "Synchronous encounter" means a real-time interaction conducted with interactive audio or video connection between a patient and a licensee or between a licensee and another health care provider. [PL 2023, c. 580, §8 (NEW).]

4. Telehealth services. "Telehealth services" means health care services delivered through the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring. [PL 2023, c. 580, §8 (NEW).]

5. Telemonitoring. "Telemonitoring" means the use of information technology to remotely monitor a patient's health status via electronic means, allowing the licensee to track the patient's health data over time. Telemonitoring may be synchronous or asynchronous. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 13799 — ME Code / Title 32 / Chapter 117 / Section 13799
32 §13799. Consumer choice preserved
Status: in_force

Nothing in this chapter may be construed to prohibit: [PL 2013, c. 373, §2 (NEW).]

1. Ordering or receiving prescription drugs. An individual who is a resident of the State from ordering or receiving prescription drugs for that individual’s personal use from outside the United States by mail or carrier from a licensed retail pharmacy described in section 13731, subsection 1, paragraph B or an entity described in section 13731, subsection 1, paragraph C ; or [PL 2013, c. 373, §2 (NEW).]

2. Dispensing or providing prescription drugs. A licensed retail pharmacy described in section 13731, subsection 1, paragraph B or an entity described in section 13731, subsection 1, paragraph C from dispensing, providing or facilitating the provision of prescription drugs from outside the United States by mail or carrier to a resident of the State for that resident's personal use. [PL 2013, c. 373, §2 (NEW).]
32 M.R.S. § 90-C — ME Code / Title 32 / Chapter 2-B / Section 90-C
32 §90-C. Duty of all licensees and applicants for licensure to report certain information
Status: in_force

1. Report in writing. A licensee or an applicant for licensure under this chapter shall notify the licensing board in writing within 10 days of a: A. Change of name or address; [PL 2015, c. 82, §7 (NEW).] B. Criminal conviction; [PL 2015, c. 82, §7 (NEW).] C. Revocation, suspension or other disciplinary action taken in this or any other jurisdiction against any occupational or professional license held by the applicant or licensee; or [PL 2015, c. 82, §7 (NEW).] D. Material change in the conditions or qualifications set forth in the original application for licensure submitted to the licensing board. [PL 2025, c. 491, §18 (AMD).] [PL 2025, c. 491, §18 (AMD).]
32 M.R.S. § 2173 — ME Code / Title 32 / Chapter 31 / Section 2173
32 §2173. General provisions and jurisdiction -- Article 3
Status: in_force

1. Multistate license. A multistate license to practice registered or licensed practical or vocational nursing issued by a home state to a resident in that state is recognized by each party state as authorizing a nurse to practice as a registered nurse or as a licensed practical or vocational nurse, under a multistate licensure privilege, in each party state. [PL 2017, c. 258, Pt. A, §1 (NEW).]

2. Criminal history records. A party state shall implement procedures for considering the criminal history records of an applicant for an initial multistate license or licensure by endorsement. Such procedures must include the submission of fingerprints or other biometric-based information by an applicant for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. [PL 2017, c. 258, Pt. A, §1 (NEW).]

3. Requirements. Each party state shall require that an applicant to obtain or retain a multistate license in the home state: A. Meet the home state's qualifications for licensure or renewal of licensure, as well as all other applicable laws; [PL 2017, c. 258, Pt. A, §1 (NEW).] B. Have graduated or be eligible to graduate from a registered nurse or licensed practical or vocational nurse prelicensure education program approved by a licensing board or have graduated in a country other than the United States from a registered nurse or licensed practical or vocational nurse prelicensure education program that has been approved by an authorized accrediting body in the applicable country and has been verified by an independent credentials review agency to be comparable to a prelicensure education program approved by a licensing board; [PL 2017, c. 258, Pt. A, §1 (NEW).] C. Have, if a graduate of a prelicensure education program not taught in English or if English is not the applicant's native language, successfully passed an English proficiency examination that includes the components of reading, speaking, writing and listening; [PL 2017, c. 258, Pt. A, §1 (NEW).] D. Have successfully passed a National Council Licensure Examination for registered nurses or a National Council Licensure Examination for practical or vocational nurses given by the National Council of State Boards of Nursing or an exam given by a predecessor or successor organization, as applicable; [PL 2017, c. 258, Pt. A, §1 (NEW).] E. Be eligible for or hold an active, unencumbered nurse license; [PL 2017, c. 258, Pt. A, §1 (NEW).] F. Have submitted, in connection with an application for initial licensure or licensure by endorsement, fingerprints or other biometric-based information for the purpose of obtaining criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records; [PL 2017, c. 258, Pt. A, §1 (NEW).] G. Have not been convicted or found guilty, or have entered into an agreed disposition, of a felony offense under applicable state or federal criminal law; [PL 2017, c. 258, Pt. A, §1 (NEW).] H. Have not been convicted or found guilty, or have entered into an agreed disposition, of a misdemeanor offense related to the practice of nursing as determined on a case-by-case basis; [PL 2017, c. 258, Pt. A, §1 (NEW).] I. Be not currently enrolled in an alternative program; [PL 2017, c. 258, Pt. A, §1 (NEW).] J. Be subject to self-disclosure requirements regarding current participation in an alternative program; and [PL 2017, c. 258, Pt. A, §1 (NEW).] K. Have a valid social security number. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]

4. Adverse action. A party state is authorized, in accordance with existing state due process law, to take adverse action against a nurse's multistate licensure privilege such as revocation, suspension, probation or any other action that affects a nurse's authorization to practice under a multistate licensure privilege, including cease and desist actions. If a party state takes an action under this subsection, it shall promptly notify the administrator of the coordinated licensure information system. The administrator of the coordinated licensure information system shall promptly notify the home state of any action under this subsection by a remote state. [PL 2017, c. 258, Pt. A, §1 (NEW).]

5. Practice of nursing. A nurse practicing in a party state shall comply with the state practice laws of the state in which the client is located at the time service is provided. The practice of nursing is not limited to patient care, but includes all nursing practice as defined by the state practice laws of the party state in which the client is located. The practice of nursing in a party state under a multistate licensure privilege subjects a nurse to the jurisdiction of the licensing board, the courts and the laws of the party state in which the client is located at the time service is provided. [PL 2017, c. 258, Pt. A, §1 (NEW).]

6. Single-state license. A person not residing in a party state may apply for a party state's single-state license as provided under the laws of each party state; however, a single-state license granted under this subsection is not recognized as granting the privilege to practice nursing in any other party state. Nothing in this compact affects the requirements established by a party state for the issuance of a single-state license. [PL 2017, c. 258, Pt. A, §1 (NEW).]

7. Licenses active on the effective date of compact. A nurse holding a home state multistate license on the effective date of this compact may retain and renew the multistate license issued by the nurse's then-current home state, except that: A. A nurse who changes primary state of residence after the effective date of this compact must meet all applicable requirements under subsection 3 to obtain a multistate license from a new home state; and [PL 2017, c. 258, Pt. A, §1 (NEW).] B. A nurse who fails to satisfy the multistate licensure requirements in subsection 3 due to a disqualifying event occurring after the effective date of this compact is ineligible to retain or renew a multistate license, and the nurse's multistate license must be revoked or deactivated in accordance with applicable rules adopted by the commission. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]
32 M.R.S. § 3657 — ME Code / Title 32 / Chapter 51 / Section 3657
32 §3657. Requirements regarding prescription of opioid medication
Status: in_force

1. Limits on opioid medication prescribing. Except as provided in subsection 2 , an individual licensed under this chapter and whose scope of practice includes prescribing opioid medication may not prescribe: A. To a patient any combination of opioid medication in an aggregate amount in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §23 (NEW).] B. To a patient who, on the effective date of this section, has an active prescription for opioid medication in excess of 100 morphine milligram equivalents of an opioid medication per day, an opioid medication in an amount that would cause that patient's total amount of opioid medication to exceed 300 morphine milligram equivalents of opioid medication per day; except that, on or after July 1, 2017, the aggregate amount of opioid medication prescribed may not be in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §23 (NEW).] C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of an opioid medication to a patient under treatment for chronic pain. "Chronic pain" has the same meaning as in Title 22, section 7246, subsection 1‑C ; or [PL 2015, c. 488, §23 (NEW).] D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of an opioid medication to a patient under treatment for acute pain unless the opioid product is labeled by the federal Food and Drug Administration to be dispensed only in a stock bottle that exceeds a 7-day supply as prescribed, in which case the amount dispensed may not exceed a 14-day supply. "Acute pain" has the same meaning as in Title 22, section 7246, subsection 1‑A . [PL 2017, c. 213, §18 (AMD).] [PL 2017, c. 213, §18 (AMD).]

2. Exceptions. An individual licensed under this chapter whose scope of practice includes prescribing opioid medication is exempt from the limits on opioid medication prescribing established in subsection 1 only: A. When prescribing opioid medication to a patient for: (1) Pain associated with active and aftercare cancer treatment; (2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph A , in conjunction with a serious illness, as defined in Title 22, section 1726, subsection 1, paragraph B ; (3) End-of-life and hospice care; (4) Medication-assisted treatment for substance use disorder; or (5) Other circumstances determined in rule by the Department of Health and Human Services; and [PL 2025, c. 37, §9 (AMD).] B. When directly ordering or administering a benzodiazepine or opioid medication to a person in an emergency room setting, an inpatient hospital setting, a long-term care facility or a residential care facility or in connection with a surgical procedure. As used in this paragraph, "administer" has the same meaning as in Title 22, section 7246, subsection 1‑B . [PL 2017, c. 213, §19 (AMD).] [PL 2025, c. 37, §9 (AMD).]

3. Electronic prescribing. An individual licensed under this chapter and whose scope of practice includes prescribing opioid medication with the capability to electronically prescribe shall prescribe all opioid medication electronically by July 1, 2017. An individual who does not have the capability to electronically prescribe must request a waiver from this requirement from the Commissioner of Health and Human Services stating the reasons for the lack of capability, the availability of broadband infrastructure, and a plan for developing the ability to electronically prescribe opioid medication. The commissioner may grant a waiver including circumstances in which exceptions are appropriate, including prescribing outside of the individual's usual place of business and technological failures. [PL 2015, c. 488, §23 (NEW).]

4. Continuing education. By December 31, 2017, an individual licensed under this chapter must successfully complete 3 hours of continuing education every 2 years on the prescription of opioid medication as a condition of prescribing opioid medication. The board shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 488, §23 (NEW).]

5. Penalties. An individual who violates this section commits a civil violation for which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be adjudged. The Department of Health and Human Services is responsible for the enforcement of this section. [PL 2015, c. 488, §23 (NEW).]

6. Opioid medication policy. No later than January 1, 2018, a health care entity that includes an individual licensed under this chapter whose scope of practice includes prescribing opioid medication must have in place an opioid medication prescribing policy that applies to all prescribers of opioid medications employed by the entity. The policy must include, but is not limited to, procedures and practices related to risk assessment, informed consent and counseling on the risk of opioid use. For the purposes of this subsection, "health care entity" has the same meaning as in Title 22, section 1718‑B, subsection 1, paragraph B . [PL 2017, c. 186, §4 (NEW).]
32 M.R.S. § 6206 — ME Code / Title 32 / Chapter 81 / Section 6206
32 §6206. Exemptions
Status: in_force

1. Peer groups; self-help. Nothing in this chapter may prevent any person from engaging in or offering substance use disorder services such as self-help, sponsorship through alcoholics or narcotics anonymous groups or other uncompensated substance use disorder assistance. [PL 2017, c. 407, Pt. A, §135 (AMD).]

2. Government and school employees. Nothing in this chapter may be construed to apply to the activities and services of an employee or other agent of a recognized academic institution; a federal, state, county or local government institution, a program agency or facility; or a school committee, school district, school approved for attendance purposes pursuant to Title 20‑A, section 2901 , school board or board of trustees, if the individual is performing those activities solely within the agency or under the jurisdiction of that agency and if a license granted under this chapter is not a requirement for employment. [PL 1991, c. 456, §11 (NEW).]

3. Clergy. Nothing in this chapter may be construed to apply to the activities and services of any priest, rabbi, member of the clergy, Christian Science healer, or minister of the gospel of any religious denomination when performing counseling services as part of religious duties and in connection with a specific synagogue or church of any religious denomination. [PL 1991, c. 456, §11 (NEW).]

4. Interns. Nothing in this chapter may be construed to apply to the activities and services of a student, intern or trainee in substance use counseling pursuing a course of study in counseling in a regionally accredited institution of higher education or training institution, if these activities are performed under supervision and constitute a part of the supervised course of study. [PL 2017, c. 407, Pt. A, §136 (AMD).]

5. Other licensed professionals. Nothing in this chapter may prevent any other licensed person in the field of medicine, psychology, nursing, social work or professional counseling who is qualified to provide substance use counseling services by virtue of the requirements for that profession from engaging in or offering substance use counseling services if such a person does not profess to be providing the service of a substance use counselor as the sole professional service rendered by that person. These professionals may not be required to obtain additional certification in order to provide substance use counseling services as permitted by this subsection. [PL 2017, c. 407, Pt. A, §137 (AMD).]

6. Nicotine addiction counseling. Nothing in this chapter may be construed to require a person engaged in providing nicotine addiction counseling or treatment services to be licensed as an alcohol and drug counselor. [PL 2011, c. 222, §2 (NEW).]
32 M.R.S. § 18321 — ME Code / Title 32 / Chapter 143 / Section 18321
32 §18321. Board creation; declaration of policy; compensation
Status: in_force

1. Board creation; declaration of policy. The Board of Dental Practice, as established in Title 5, section 12004‑A, subsection 10 , is created within this subchapter, its sole purpose being to protect the public health and welfare. The board carries out this purpose by ensuring that the public is served by competent and honest practitioners and by establishing minimum standards of proficiency in the professions regulated by the board by testing, licensing, regulating and disciplining practitioners of those regulated professions. [PL 2015, c. 429, §21 (NEW).]

2. Compensation. [PL 2023, c. 17, Pt. P, §8 (RP).]
32 M.R.S. § 4700-J — ME Code / Title 32 / Chapter 69-C / Section 4700-J
32 §4700-J. Licensure; well drillers and pump installers
Status: in_force

Effective January 1, 1994, a person may not engage in the business of constructing water wells within the State or engage in the installation, replacement or repair of a pump in a water well unless licensed with the commission. After final adoption of initial rules pursuant to section 4700‑I, subsection 2‑A , a person may not engage in the business of constructing geothermal heat exchange wells or engage in the installation, replacement or repair of a pump in a geothermal heat exchange well unless licensed with the commission. An applicant for licensure must complete an application form supplied by the commission, successfully complete any examination required by this chapter and pay an annual license fee established by the commission. The person so licensed shall display on each side of the drilling rig or the pump installer vehicle a seal issued by the commission indicating that person's license number and the current year of licensure. A person licensed under chapter 49 as a master plumber is not required to be licensed with the commission to perform the work of a pump installer. [PL 2009, c. 652, Pt. A, §45 (AMD).]

1. Contractor. [PL 1993, c. 25, §12 (RP).]