32 M.R.S. § 6071 — ME Code / Title 32 / Chapter 79-A / Section 6071
32 §6071. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 662, §2 (NEW).]

1. Acting in concert. "Acting in concert" means knowingly acting together with a common goal of jointly acquiring control of a licensee whether or not pursuant to an express agreement. [PL 2023, c. 662, §2 (NEW).]

2. Administrator. "Administrator" means the Superintendent of Consumer Credit Protection within the Department of Professional and Financial Regulation. [PL 2023, c. 662, §2 (NEW).]

3. Authorized delegate. "Authorized delegate" means a person a licensee designates to engage in money transmission on behalf of the licensee. [PL 2023, c. 662, §2 (NEW).]

4. Bank Secrecy Act. "Bank Secrecy Act" means the federal Bank Secrecy Act, 31 United States Code, Section 5311 et seq. and its implementing regulations. [PL 2023, c. 662, §2 (NEW).]

5. Bureau. "Bureau" means the Department of Professional and Financial Regulation, Bureau of Consumer Credit Protection. [PL 2023, c. 662, §2 (NEW).]

6. Closed loop stored value. "Closed loop stored value" means stored value that is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value. [PL 2023, c. 662, §2 (NEW).]

7. Control. "Control" means: A. The power to vote, directly or indirectly, at least 25% of the outstanding voting shares or voting interests of a licensee or person in control of a licensee; [PL 2023, c. 662, §2 (NEW).] B. The power to elect or appoint a majority of key individuals or executive officers, managers, directors, trustees or other persons exercising managerial authority of a person in control of a licensee; or [PL 2023, c. 662, §2 (NEW).] C. The power to exercise, directly or indirectly, a controlling influence over the management or policies of a licensee or person in control of a licensee. [PL 2023, c. 662, §2 (NEW).] A person is presumed to exercise a controlling influence when the person holds the power to vote, directly or indirectly, at least 10% of the outstanding voting shares or voting interests of a licensee or person in control of a licensee. A person presumed to exercise a controlling influence pursuant to this subsection may rebut the presumption of control if the person is a passive investor. For purposes of determining the percentage of a person controlled by any other person, the person's interest must be aggregated with the interest of any other immediate family member, including the person's spouse, parents, children, siblings, parents-in-law, children-in-law and siblings-in-law, and any other person who shares that person's home. [PL 2023, c. 662, §2 (NEW).]

8. Eligible rating. "Eligible rating" means a credit rating of any of the 3 highest rating categories provided by an eligible rating service, whereby each category may include rating category modifiers such as "plus" or "minus" for S&P Global Ratings or successor organization, or the equivalent from any other eligible rating service. Long-term credit ratings are considered eligible ratings if the rating is equal to or higher than "A-" by S&P Global Ratings or successor organization, or the equivalent from any other eligible rating service. Short-term credit ratings are considered eligible ratings if the rating is equal to or higher than "A-2" or "SP-2" by S&P Global Ratings or successor organization, or the equivalent from any other eligible rating service. If ratings differ among eligible rating services, the highest rating applies when determining whether a security bears an eligible rating. [PL 2023, c. 662, §2 (NEW).]

9. Eligible rating service. "Eligible rating service" means a nationally recognized statistical rating organization recognized by the United States Securities and Exchange Commission and any other organization designated by the administrator by rule or order. [PL 2023, c. 662, §2 (NEW).]

10. Federally insured depository financial institution. "Federally insured depository financial institution" means a bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank or industrial loan company organized under the laws of the United States or any state of the United States, when that bank, credit union, savings and loan association, trust company, savings association, savings bank, industrial bank or industrial loan company has federally insured deposits. [PL 2023, c. 662, §2 (NEW).]

11. In this State. "In this State," for a transaction requested in person, means at a physical location within this State. For a transaction requested electronically or by telephone, "in this State" means that the person requesting the transaction is at a physical location within this State. For a transaction requested electronically or by telephone, the provider of money transmission may determine if the person requesting the transaction is in this State by relying on other information provided by the person regarding the location of the residential address, if an individual, or principal place of business, if a business entity, or other physical address location and any records associated with the person that the provider of money transmission may have that indicate the location, including but not limited to an address associated with an account. [PL 2023, c. 662, §2 (NEW).]

12. Individual. "Individual" means a natural person. [PL 2023, c. 662, §2 (NEW).]

13. Key individual. "Key individual" means an individual ultimately responsible for establishing or directing policies and procedures of a licensee, such as an executive officer, manager, director or trustee. [PL 2023, c. 662, §2 (NEW).]

14. Licensee. "Licensee" means a person licensed under this Act. [PL 2023, c. 662, §2 (NEW).]

15. Material litigation. "Material litigation" means litigation that, according to generally accepted accounting principles in the United States, is significant to a person's financial health and would be required to be disclosed in the person's annual audited financial statements, reports to shareholders or similar records. [PL 2023, c. 662, §2 (NEW).]

16. Monetary value. "Monetary value" means a medium of exchange, whether or not redeemable in money. [PL 2023, c. 662, §2 (NEW).]

17. Money. "Money" means a medium of exchange that is authorized or adopted by the United States or a foreign government. "Money" includes a monetary unit of account established by an intergovernmental organization or by agreement between 2 or more governments. [PL 2023, c. 662, §2 (NEW).]

18. Money transmission. "Money transmission" means: A. Selling or issuing payment instruments to a person located in this State; [PL 2023, c. 662, §2 (NEW).] B. Selling or issuing stored value to a person located in this State; or [PL 2023, c. 662, §2 (NEW).] C. Receiving money for transmission from a person located in this State. [PL 2023, c. 662, §2 (NEW).] "Money transmission" does not include the provision solely of online or telecommunications services or network access. [PL 2023, c. 662, §2 (NEW).]

19. MSB. "MSB" means a money services business as defined in 31 Code of Federal Regulations, Section 1010.100. [PL 2023, c. 662, §2 (NEW).]

20. MSB accredited state. "MSB accredited state" means a state agency that is accredited by the Conference of State Bank Supervisors or successor organization and the Money Transmitter Regulators Association or successor organization for money transmission licensing and supervision. [PL 2023, c. 662, §2 (NEW).]

21. Multistate licensing process. "Multistate licensing process" means an agreement entered into by and among state regulators relating to coordinated processing of applications for money transmission licenses, applications for the acquisition of control of a licensee, control determinations or notice and information requirements for a change of key individuals. [PL 2023, c. 662, §2 (NEW).]

22. NMLS. "NMLS" means the nationwide multistate licensing system and registry developed by the Conference of State Bank Supervisors or successor organization and the American Association of Residential Mortgage Regulators or successor organization and owned and operated by the State Regulatory Registry LLC or successor organization, or any successor or affiliated entity, for the licensing and registration of persons in financial services industries. [PL 2023, c. 662, §2 (NEW).]

23. Outstanding money transmission obligation. "Outstanding money transmission obligation" means: A. A payment instrument or stored value issued or sold by a licensee to a person located in the United States or reported as sold by an authorized delegate of the licensee to a person that is located in the United States that has not yet been paid or refunded by or for the licensee, or escheated in accordance with applicable abandoned property laws; or [PL 2023, c. 662, §2 (NEW).] B. Money received for transmission by the licensee or an authorized delegate in the United States from a person located in the United States that has not been received by the payee or refunded to the sender or escheated in accordance with applicable abandoned property laws. [PL 2023, c. 662, §2 (NEW).] For purposes of this subsection, "in the United States" includes, to the extent applicable, a state, territory or possession of the United States; the District of Columbia; the Commonwealth of Puerto Rico; or a United States military installation that is located in a foreign country. [PL 2023, c. 662, §2 (NEW).]

24. Passive investor. "Passive investor" means a person that: A. Does not have the power to elect or appoint a majority of key individuals or executive officers, managers, directors, trustees or other persons exercising managerial authority of a person in control of a licensee; [PL 2023, c. 662, §2 (NEW).] B. Is not employed by and does not have any managerial duties of the licensee or person in control of a licensee; [PL 2023, c. 662, §2 (NEW).] C. Does not have the power to exercise, directly or indirectly, a controlling influence over the management or policies of a licensee or a person in control of a licensee; and [PL 2023, c. 662, §2 (NEW).] D. Either: (1) Attests to paragraphs A to C in a form and in a medium prescribed by the administrator; or (2) Commits to the passivity characteristics of paragraphs A to C in a written document. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

25. Payment instrument. "Payment instrument" means a written or electronic check, draft, money order, traveler's check or other wire, electronic or written instrument, or written order for the transmission or payment of money or monetary value, whether or not negotiable. "Payment instrument" does not include stored value or an instrument that: A. Is redeemable by the issuer only for goods or services provided by the issuer or its affiliate or franchisees of the issuer or its affiliate, except to the extent required by applicable law to be redeemable in cash for its cash value; or [PL 2023, c. 662, §2 (NEW).] B. Is not sold to the public but issued and distributed as part of a loyalty, rewards or promotional program. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

26. Person. "Person" means an individual, general partnership, limited partnership, limited liability company, corporation, trust, association, joint stock corporation or other corporate entity identified by the administrator. [PL 2023, c. 662, §2 (NEW).]

27. Receiving money for transmission. "Receiving money for transmission" or "money received for transmission" means the receipt of money or monetary value in the United States for transmission within or outside the United States by electronic or other means. [PL 2023, c. 662, §2 (NEW).]

28. Stored value. "Stored value" means monetary value representing a claim against the issuer evidenced by an electronic or digital record and that is intended and accepted for use as a means of redemption for money or monetary value or payment for goods or services. "Stored value" includes, but is not limited to, prepaid access as defined by 31 Code of Federal Regulations, Section 1010.100(ww) but does not include a payment instrument, closed loop stored value or stored value not sold to the public but issued and distributed as part of a loyalty, rewards or promotional program. [PL 2023, c. 662, §2 (NEW).]

29. Tangible net worth. "Tangible net worth" means the aggregate assets of a licensee excluding all intangible assets, less liabilities, as determined in accordance with generally accepted accounting principles in the United States. [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 17301-A — ME Code / Title 32 / Chapter 137 / Section 17301-A
32 §17301-A. Criminal history record information; fees
Status: in_force

1. Background check. The board shall request a background check for each person who submits an application for initial licensure or licensure by endorsement as an audiologist or speech-language pathologist under this chapter. The board shall request a background check for each licensed audiologist or licensed speech-language pathologist who applies for an initial compact privilege and designates this State as the applicant's home state. The background check must include criminal history record information obtained from the Maine Criminal Justice Information System, established in Title 16, section 631 , and the Federal Bureau of Investigation. A. The criminal history record information obtained from the Maine Criminal Justice Information System must include public criminal history record information as defined in Title 16, section 703, subsection 8 . [PL 2025, c. 366, §20 (NEW).] B. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information. [PL 2025, c. 366, §20 (NEW).] C. An applicant or licensee shall submit to having fingerprints taken. The Department of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of a fee established by the board, shall take or cause to be taken the applicant's or licensee's fingerprints and shall forward the fingerprints to the Department of Public Safety, Bureau of State Police, State Bureau of Identification so that the State Bureau of Identification can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the Bureau of State Police for purposes of this paragraph must be paid to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety. Any person who fails to transmit criminal fingerprint records to the State Bureau of Identification pursuant to this paragraph is subject to the provisions of Title 25, section 1550 . [PL 2025, c. 366, §20 (NEW).] D. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 709 . [PL 2025, c. 366, §20 (NEW).] E. State and federal criminal history record information of an applicant for an audiologist license or a speech-language pathologist license may be used by the board for the purpose of screening the applicant. State and federal criminal history record information of a licensed audiologist or licensed speech-language pathologist seeking an initial compact privilege may be used by the board for the purpose of taking disciplinary action against the licensee. A board action against an applicant for licensure or a licensee under this subsection is subject to the provisions of Title 5, chapter 341 . [PL 2025, c. 366, §20 (NEW).] F. Information obtained pursuant to this subsection is confidential. The results of background checks received by the board are for official use only and may not be disseminated to the Audiology and Speech-Language Pathology Compact Commission established under section 17508 or to any other person. [PL 2025, c. 366, §20 (NEW).] G. An individual whose license has expired and who has not applied for renewal may request in writing that the Department of Public Safety, Bureau of State Police, State Bureau of Identification remove the individual's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the individual's fingerprints from the fingerprint file and provide written confirmation of that removal. [PL 2025, c. 366, §20 (NEW).] [PL 2025, c. 366, §20 (NEW).]

2. Rules. The board, following consultation with the Department of Public Safety, Bureau of State Police, State Bureau of Identification, may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 366, §20 (NEW).]
32 M.R.S. § 13833 — ME Code / Title 32 / Chapter 117 / Section 13833
32 §13833. Treatment protocol
Status: in_force

A pharmacist shall administer drugs and vaccines in compliance with a treatment protocol established by a practitioner authorized under the laws of this State to order administration of those drugs and vaccines approved by the board. A copy of the original treatment protocol and any subsequent revisions to the treatment protocol must be kept on the premises of the pharmacy and be available to the board or the board's representative upon request. At a minimum the treatment protocol must include: [PL 2021, c. 289, §13 (AMD).]

1. Standards. Standards for observation of the person receiving the drug or vaccine to determine whether the person has an adverse reaction, as adopted in rules by the board; [PL 2011, c. 577, §6 (AMD).]

2. Procedures. Procedures to be followed by the pharmacist when administering epinephrine or diphenhydramine, or both, to a person who has an adverse reaction to a vaccine administered by the pharmacist; and [PL 2011, c. 577, §6 (AMD).]

3. Notification. Notification to the authorized practitioner who issued the prescription, standing order or protocol under section 13831, subsection 2 of the administration by the pharmacist of the drug or vaccine, or both, within 3 business days. [PL 2011, c. 577, §6 (AMD).]
32 M.R.S. § 15204 — ME Code / Title 32 / Chapter 133 / Section 15204
32 §15204. Appeals; variances
Status: in_force

A person aggrieved by an order or act of the chief inspector or a deputy inspector under this chapter may, within 15 days after notice of the order or act, appeal from the order or act to the director, who shall hold a hearing pursuant to Title 5, chapter 375, subchapter 4 . After the hearing, the director shall issue an appropriate order either approving or disapproving the order or act. [PL 2013, c. 70, Pt. D, §7 (AMD).]

Any person who is or will be aggrieved by the application of any law, code or rule relating to the installation or alteration of elevators or tramways may file a petition for a variance, whether compliance with that provision is required at the time of filing or at the time that provision becomes effective. The filing fee for a petition for a variance must be set by the director under section 15225‑A . The chief inspector may grant a variance if, owing to conditions especially affecting the particular building or installation involved, the enforcement of any law, code or rule relating to elevators or tramways would do manifest injustice or cause substantial hardship, financial or otherwise, to the petitioner or any occupant of the petitioner's building or would be unreasonable under the circumstances or condition of the property, provided that desirable relief may be granted without substantial detriment to the public good and without nullifying or substantially derogating from the intent or purpose of that law, code or rule. In granting a variance under this section, the chief inspector may impose limitations both of time and of use, and a continuation of the use permitted may be conditioned upon compliance with rules made and amended from time to time. A copy of the decision must be sent to all interested parties. [PL 2001, c. 573, Pt. B, §10 (AMD); PL 2001, c. 573, Pt. B, §36 (AFF).]
32 M.R.S. § 14049-H — ME Code / Title 32 / Chapter 124-A / Section 14049-H
32 §14049-H. Mandatory reporting
Status: in_force

An appraisal management company that has a reasonable basis to believe an appraiser is failing to comply with the Uniform Standards of Professional Appraisal Practice in a manner that materially affects the conclusion of value contained in an appraisal report, is violating applicable laws or is otherwise engaging in unethical or unprofessional conduct shall refer the matter to the board. [PL 2017, c. 475, Pt. D, §1 (REEN).]
32 M.R.S. § 3116-A — ME Code / Title 32 / Chapter 45-A / Section 3116-A
32 §3116-A. 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 purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $100 biennially. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 250, Pt. A, §5 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]
32 M.R.S. § 553-A — ME Code / Title 32 / Chapter 9 / Section 553-A
32 §553-A. Licenses renewal procedure; continuing education
Status: in_force

1. Renewal procedure. A license expires on the date set by the commissioner pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A renewal license must be issued for each ensuing licensing period in the absence of any reason or condition that might warrant the refusal to grant a license, upon receipt by the board of the written request of the applicant and the fee for the license as set under section 558 and upon the applicant's presenting evidence of compliance with the requirements of subsection 2 . An expired license may be reissued up to 90 days after the date of expiration upon payment of a late fee as set under section 558 in addition to a renewal fee as set under section 558 . An individual 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, including a renewal fee, late fee and additional late fee as set under section 558, except that the board may, in its discretion and giving due consideration to the protection of the public, waive examination if that renewal application is made within 2 years from the date of that expiration. [PL 2007, c. 402, Pt. H, §11 (AMD).]

2. Continuing education. The board shall require applicants for license renewal to submit evidence of satisfactory completion of continuing education in accordance with rules adopted by the board. [PL 1991, c. 392, §10 (NEW).]

3. Fees. [PL 2005, c. 262, Pt. A, §5 (RP).]

4. Continuing education program approval. Each application for approval of a continuing education program or course must be submitted according to rules adopted by board, together with a required fee as set under section 558 . [PL 2005, c. 262, Pt. A, §5 (NEW).]
32 M.R.S. § 6100-X — ME Code / Title 32 / Chapter 79-A / Section 6100-X
32 §6100-X. Suspension and revocation
Status: in_force

License suspension and revocation are governed by this section. [PL 2023, c. 662, §2 (NEW).]

1. License suspension and revocation. The administrator may suspend or revoke a license or order a licensee to revoke the designation of an authorized delegate if: A. The licensee violates this Act or a rule adopted or an order issued under this Act; [PL 2023, c. 662, §2 (NEW).] B. The licensee does not cooperate with an examination or investigation by the administrator; [PL 2023, c. 662, §2 (NEW).] C. The licensee engages in fraud, intentional misrepresentation or gross negligence; [PL 2023, c. 662, §2 (NEW).] D. An authorized delegate is convicted of a violation of a state or federal anti-money laundering statute or violates a rule adopted or an order issued under this Act as a result of the licensee's willful misconduct or willful blindness; [PL 2023, c. 662, §2 (NEW).] E. The competence, experience, character or general fitness of the licensee, authorized delegate, person in control of a licensee, key individual or responsible person of the authorized delegate indicates that it is not in the public interest to permit the person to provide money transmission; [PL 2023, c. 662, §2 (NEW).] F. The licensee engages in an unsafe or unsound practice; [PL 2023, c. 662, §2 (NEW).] G. The licensee is insolvent, suspends payment of its obligations or makes a general assignment for the benefit of its creditors; or [PL 2023, c. 662, §2 (NEW).] H. The licensee does not remove an authorized delegate after the administrator issues and serves upon the licensee a final order including a finding that the authorized delegate has violated this Act. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

2. Determination. In determining whether a licensee is engaging in an unsafe or unsound practice under subsection 1, paragraph F , the administrator may consider the size and condition of the licensee's money transmission, the magnitude of the loss, the gravity of the violation of this Act and the previous conduct of the person involved. [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 6183 — ME Code / Title 32 / Chapter 80-A / Section 6183
32 §6183. Debt management services related to residential mortgage loans
Status: in_force

A person that engages in debt management services as described in section 6172, subsection 2, paragraph D related to a consumer's residential mortgage loan shall comply with the requirements of this chapter governing debt management service providers, subject to the following conditions and provisions. [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).]

1. Good faith and fair dealing. A person subject to this section shall act in good faith and with fair dealing in any transaction, practice or course of business in connection with the providing of debt management services. [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).]

2. Training. With respect to section 6174‑B , training leading to certification of the counselor must relate to subject matter specific to such activity, including but not limited to the tax consequences to the consumer of forgiven debt, the consumer's options for discharge of debt, including but not limited to the availability of bankruptcy, and all other options available to the consumer. The consumer education program must also include information about the tax consequences of forgiven debt. [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).]

3. Written reports. With respect to section 6177, subsection 1 , the periodic written reports must consist of written updates provided to the consumer on at least a quarterly basis as well as a final accounting provided to the consumer. [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).]

4. Exceptions. Section 6179, subsections 1 and 3 do not apply to the provisions of this section. [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).]

5. Disclosure. If the service to be provided to the consumer includes the sale or transfer of an interest in real property: A. The consumer's right to cancel the agreement by providing a written notice of cancellation to the other party pursuant to section 6176, subsection 2, paragraph E is effective only until the date of consummation of the transfer; [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).] B. The debt management service provider must provide the consumer with the names and contact information for 3rd-party housing counselors approved by the United States Department of Housing and Urban Development; and [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).] C. The debt management service provider must specifically advise the consumer in writing whether the consumer will be liable for a deficiency or not liable for a deficiency resulting from the sale or transfer. [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).] [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).]

6. Damages. In addition to any other remedies available to the consumer, a consumer has a right to recover consequential damages from the debt management service provider for a violation of this section. [PL 2009, c. 327, §1 (NEW); PL 2009, c. 327, §2 (AFF).]
32 M.R.S. § 2573 — ME Code / Title 32 / Chapter 36 / Section 2573
32 §2573. Temporary licensure
Status: in_force

An osteopathic physician in good repute who is a graduate of a school or college of osteopathic medicine approved by the American Osteopathic Association, serving as an intern or resident physician in a hospital in this State, shall register with the board and must be issued a temporary license by the board evidencing the right to practice only under hospital control. Such a license may not be issued for a period in excess of one year but may be renewed from time to time, not to exceed an aggregate of 5 years. The license must be in a form prescribed by the board and may be revoked or suspended by the board with the suspension or revocation effective immediately when written notification from the board is received by the hospital. An examination may not be required for applicants for this temporary license. The fee for such a license may not be more than $450. [PL 2025, c. 220, §4 (AMD).]
32 M.R.S. § 3282-A — ME Code / Title 32 / Chapter 48 / Section 3282-A
32 §3282-A. Disciplinary sanctions
Status: in_force

1. Disciplinary proceedings and sanctions. The board shall investigate a complaint, on its own motion or upon receipt of a written complaint filed with the board, regarding noncompliance with or violation of this chapter or any rules adopted by the board. The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but not later than 60 days after receipt of this information. The licensee shall respond within 30 days. The board shall share the licensee's response with the complainant, unless the board determines that it would be detrimental to the health of the complainant to obtain the response. If the licensee's response to the complaint satisfies the board that the complaint does not merit further investigation or action, the matter may be dismissed, with notice of the dismissal to the complainant, if any. If, in the opinion of the board, the factual basis of the complaint is or may be true and the complaint is of sufficient gravity to warrant further action, the board or a subcommittee of the board may request and conduct an informal conference with the licensee. The board shall provide the licensee with adequate notice of the conference and the issues to be discussed. The complainant may attend and may be accompanied by up to 2 individuals, including legal counsel. The conference must be conducted in executive session of the board or a subcommittee of the board, pursuant to Title 1, section 405 , unless otherwise requested by the licensee. Before the board decides what action to take at the conference or as a result of the conference, the board or a subcommittee of the board shall give the complainant a reasonable opportunity to speak. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent. The complainant, the licensee or either of their representatives shall maintain the confidentiality of the conference. When a complaint has been filed against a licensee and the licensee moves or has moved to another state, the board may report to the appropriate licensing board in that state the complaint that has been filed, other complaints in the physician's record on which action was taken and disciplinary actions of the board with respect to that physician. When an individual applies for a license under this chapter, the board may investigate the professional record of that individual, including professional records that the individual may have as a licensee in other states. The board may deny a license or authorize a restricted license based on the record of the applicant in other states. If the board finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action, it may take any of the following actions it determines appropriate. A. With the consent of the licensee, the board may enter into a consent agreement that fixes the period and terms of probation best adapted to protect the public health and safety and rehabilitate or educate the licensee. A consent agreement may be used to terminate a complaint investigation, if entered into by the board, the licensee and the Attorney General's office. [PL 1991, c. 824, Pt. A, §68 (RPR).] B. In consideration for acceptance of a voluntary surrender of the license, the board may negotiate stipulations, including terms and conditions for reinstatement, that ensure protection of the public health and safety and serve to rehabilitate or educate the licensee. These stipulations may be set forth only in a consent agreement signed by the board, the licensee and the Attorney General's office. [PL 1991, c. 824, Pt. A, §68 (RPR).] C. If the board concludes that modification or nonrenewal of the license is in order, the board shall hold an adjudicatory hearing in accordance with Title 5, chapter 375, subchapter 4 . [PL 2009, c. 28, §1 (AMD).] D. [PL 2013, c. 355, §8 (RP).] The board shall require a licensee to notify all patients of the licensee of a probation or stipulation under which the licensee is practicing as a result of board disciplinary action. This requirement does not apply to a physician participating in an alcohol or drug treatment program pursuant to Title 24, section 2505 , a physician who retires following charges made or complaints investigated by the board or a physician under the care of a professional and whose medical practices and services are not reduced, restricted or prohibited by the disciplinary action. [PL 2013, c. 355, §8 (AMD).]

2. Grounds for discipline. The board may suspend or revoke a license pursuant to Title 5, section 10004 . The following are grounds for an action to refuse to issue, modify, restrict, suspend, revoke or refuse to renew the license of an individual licensed under this chapter: A. The practice of fraud, deceit or misrepresentation in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [PL 2013, c. 355, §9 (AMD).] 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 2013, c. 105, §7 (AMD).] 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 1993, c. 600, Pt. A, §218 (AMD).] D. Aiding or abetting the practice of medicine by an individual who is not licensed under this chapter and who claims to be legally licensed; [PL 1993, c. 600, Pt. A, §218 (AMD).] E. Incompetence in the practice for which the licensee is licensed. 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 discharge the duty 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 1993, c. 600, Pt. A, §218 (AMD).] F. Unprofessional conduct. A licensee is considered to have engaged in unprofessional conduct if the licensee violates a standard of professional behavior, including engaging in disruptive behavior, that has been established in the practice for which the licensee is licensed. For purposes of this paragraph, "disruptive behavior" means aberrant behavior that interferes with or is likely to interfere with the delivery of care; [PL 2007, c. 380, §3 (AMD).] G. Subject to the limitations of Title 5, chapter 341 , conviction of a crime that involves dishonesty or false statement or relates directly to the practice for which the licensee is licensed, or conviction of a crime for which incarceration for one year or more may be imposed; [PL 1993, c. 600, Pt. A, §218 (AMD).] H. A violation of this chapter or a rule adopted by the board; [PL 1993, c. 600, Pt. A, §218 (AMD).] I. Engaging in false, misleading or deceptive advertising; [PL 1983, c. 378, §53 (NEW).] J. Prescribing narcotic or hypnotic or other drugs listed as controlled substances by the Drug Enforcement Administration for other than accepted therapeutic purposes; [PL 1989, c. 291, §4 (AMD).] K. Failure to report to the secretary of the board a physician licensed under this chapter for addiction to alcohol or drugs or for mental illness in accordance with Title 24, section 2505 , except when the impaired physician is or has been a patient of the licensee; [PL 1997, c. 680, Pt. C, §6 (AMD).] L. Failure to comply with the requirements of Title 24, section 2905‑A ; [PL 2013, c. 355, §10 (AMD).] M. Revocation, suspension or restriction of a license to practice medicine or other disciplinary action; denial of an application for a license; or surrender of a license to practice medicine following the institution of disciplinary action by another state or a territory of the United States or a foreign country if the conduct resulting in the disciplinary or other action involving the license would, if committed in this State, constitute grounds for discipline under the laws or rules of this State; [PL 2013, c. 355, §11 (AMD).] N. Engaging in any activity requiring a license under the governing law of the board that is beyond the scope of acts authorized by the license held; [PL 2013, c. 355, §12 (NEW).] O. Continuing to act in a capacity requiring a license under the governing law of the board after expiration, suspension or revocation of that license; [PL 2013, c. 355, §12 (NEW).] P. Noncompliance with an order or consent agreement of the board; [PL 2013, c. 355, §12 (NEW).] Q. Failure to produce upon request of the board any documents in the licensee's possession or under the licensee's control concerning a pending complaint or proceeding or any matter under investigation by the board, unless otherwise prohibited by state or federal law; [PL 2015, c. 488, §18 (AMD).] R. Failure to timely respond to a complaint notification sent by the board; [PL 2019, c. 165, §13 (AMD).] S. Failure to comply with the requirements of Title 22, section 7253 ; or [PL 2019, c. 165, §14 (AMD).] T. A violation of section 3300‑G . [PL 2019, c. 165, §15 (NEW).] [PL 2019, c. 165, §13-15 (AMD).]
32 M.R.S. § 16407 — ME Code / Title 32 / Chapter 135 / Section 16407
32 §16407. Succession and change in licensing of broker-dealer or investment adviser
Status: in_force

1. Succession. A broker-dealer or investment adviser may succeed to the current license of another broker-dealer or investment adviser or a notice filing of a federal covered investment adviser, and a federal covered investment adviser may succeed to the current license of an investment adviser or notice filing of another federal covered investment adviser, by filing as a successor an application for licensing pursuant to section 16401 or 16403 or a notice pursuant to section 16405 for the unexpired portion of the current license or notice filing. [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Organizational change. A broker-dealer or investment adviser that changes its form of organization or state of incorporation or organization may continue its license by filing an amendment to its license if the change does not involve a material change in its financial condition or management. The amendment becomes effective when filed or on a date designated by the licensee in its filing. The new organization is a successor to the original licensee for the purposes of this chapter. If there is a material change in financial condition or management, the broker-dealer or investment adviser shall file a new application for licensing. A predecessor licensed under this chapter shall stop conducting its securities business other than winding down transactions and shall file for withdrawal of broker-dealer or investment adviser licensing within 45 days after filing its amendment to effect succession. [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Name change. A broker-dealer or investment adviser that changes its name may continue its license by filing an amendment to its license. The amendment becomes effective when filed or on a date designated by the licensee. [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Change of ownership or control. A change of ownership or control of a broker-dealer or investment adviser may require the filing of a new application pursuant to a rule adopted or order issued under this chapter. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 16202 — ME Code / Title 32 / Chapter 135 / Section 16202
32 §16202. Exempt transactions
Status: in_force

The following transactions are exempt from the requirements of sections 16301 to 16306 and 16504 : [PL 2005, c. 65, Pt. A, §2 (NEW).]

1. Isolated nonissuer transaction. An isolated nonissuer transaction, whether effected by or through a broker-dealer or not; [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Manual exemption. A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter and a resale transaction by a sponsor of a unit investment trust registered under the federal Investment Company Act of 1940 in a security of a class that has been outstanding in the hands of the public for at least 90 days, if, on the date of the transaction: A. The issuer of the security is engaged in business, the issuer is not in the organizational stage or in bankruptcy or receivership and the issuer is not a blank check, blind pool or shell company that has no specific business plan or purpose or that has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. The security is sold at a price reasonably related to its current market price; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. The security does not constitute the whole or part of an unsold allotment to, or a subscription or participation by, the broker-dealer as an underwriter of the security or a redistribution; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. A nationally recognized securities manual or its electronic equivalent designated by routine technical rule as defined in Title 5, chapter 375, subchapter 2‑A adopted under this chapter or order issued under this chapter or a publicly available record filed with the Securities and Exchange Commission contains: (1) A description of the business and operations of the issuer; (2) The names of the issuer's executive officers and the names of the issuer's directors, if any; (3) An audited balance sheet of the issuer as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had an audited balance sheet, a pro forma balance sheet for the combined organization; and (4) An audited income statement for each of the issuer's 2 immediately previous fiscal years or for the period of existence of the issuer, whichever is shorter, or, in the case of a reorganization or merger when each party to the reorganization or merger had audited income statements, a pro forma income statement; and [PL 2005, c. 65, Pt. A, §2 (NEW).] E. Any one of the following requirements is met: (1) The issuer of the security has a class of equity securities listed on a national securities exchange registered under Section 6 of the federal Securities Exchange Act of 1934 or designated for trading on the National Association of Securities Dealers Automated Quotation System; (2) The issuer of the security is a unit investment trust registered under the federal Investment Company Act of 1940; (3) The issuer of the security, including its predecessors, has been engaged in continuous business for at least 3 years; or (4) The issuer of the security has total assets of at least $2,000,000 based on an audited balance sheet as of a date within 18 months before the date of the transaction or, in the case of a reorganization or merger when the parties to the reorganization or merger each had such an audited balance sheet, a pro forma balance sheet for the combined organization; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Nonissuer transactions in specified foreign transactions. A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter in a security of a foreign issuer that is a margin security defined in regulations or rules adopted by the Board of Governors of the Federal Reserve System; [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Nonissuer transactions in securities where guarantor is subject to Securities Exchange Act reporting. A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter in an outstanding security if the guarantor of the security files reports with the Securities and Exchange Commission under the reporting requirements of Section 13 or 15(d) of the federal Securities Exchange Act of 1934, 15 United States Code, Section 78m or 78o(d); [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Nonissuer transactions in specified fixed income securities. A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter in a security that: A. Is rated at the time of the transaction by a nationally recognized statistical rating organization in one of its 4 highest rating categories; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Has a fixed maturity or a fixed interest or dividend if: (1) A default has not occurred during the current fiscal year or within the 3 previous fiscal years or during the existence of the issuer and any predecessor if less than 3 fiscal years in the payment of principal, interest or dividends on the security; and (2) The issuer is engaged in business, is not in the organizational stage or in bankruptcy or receivership and is not and has not been within the previous 12 months a blank check, blind pool or shell company that has no specific business plan or purpose or has indicated that its primary business plan is to engage in a merger or combination of the business with, or an acquisition of, an unidentified person; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. Unsolicited brokerage transactions. A nonissuer transaction by or through a broker-dealer licensed under or exempt from licensing under this chapter effecting an unsolicited order or offer to purchase; [PL 2005, c. 65, Pt. A, §2 (NEW).]

7. Nonissuer transactions by pledgees. A nonissuer transaction executed by a bona fide pledgee without the purpose of evading this chapter; [PL 2005, c. 65, Pt. A, §2 (NEW).]

8. Nonissuer transactions with federal covered investment advisers. A nonissuer transaction by a federal covered investment adviser with investments under management in excess of $100,000,000 acting in the exercise of discretionary authority in a signed record for the account of others; [PL 2005, c. 65, Pt. A, §2 (NEW).]

9. Specified exchange transactions. A transaction in a security, whether or not the security or transaction is otherwise exempt, in exchange for one or more bona fide outstanding securities, claims or property interests or partly in such exchange and partly for cash, if the terms and conditions of the issuance and exchange or the delivery and exchange and the fairness of the terms and conditions have been approved by the administrator after a hearing. The administrator may impose actual costs and a reasonable fee for conducting a hearing under this subsection; [PL 2005, c. 65, Pt. A, §2 (NEW).]

10. Underwriter transactions. A transaction between the issuer or other person on whose behalf the offering is made and an underwriter, or among underwriters; [PL 2005, c. 65, Pt. A, §2 (NEW).]

11. Mortgage secured unit transactions. A transaction in a note, bond, debenture or other evidence of indebtedness secured by a mortgage or other security agreement if: A. The note, bond, debenture or other evidence of indebtedness is offered and sold with the mortgage or other security agreement as a unit; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A general solicitation or general advertisement of the transaction is not made; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A commission or other remuneration is not paid or given, directly or indirectly, to a person not licensed under this chapter as a broker-dealer or as an agent; and [PL 2005, c. 65, Pt. A, §2 (NEW).] D. The outstanding principal amount of all notes or other evidence of indebtedness that is secured by the mortgage or other security agreement does not exceed the fair market value of the property at the time of the transaction, or the issuer otherwise proves that it relied on reasonable evidence that the fair market value was not so exceeded at the time of the transaction; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

12. Personal representative and guardian transactions. A transaction by a personal representative, as defined in Title 18‑C, section 1‑201, subsection 40 , executor, administrator of an estate, sheriff, marshal, receiver, trustee in bankruptcy, guardian or conservator acting in their official capacities; [PL 2017, c. 402, Pt. C, §88 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]

13. Transactions with specified investors. A sale or offer to sell to: A. An institutional investor; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A federal covered investment adviser; or [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Any other person exempted by routine technical rule, as defined in Title 5, chapter 375, subchapter 2‑A , adopted or order issued under this chapter; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

14. Limited private offering transactions, any issuer. A sale or an offer to sell securities by or on behalf of an issuer, if the transaction is part of a single issue in which: A. Not more than 10 purchasers are present in this State during any 12 consecutive months, other than those designated in subsection 13 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A general solicitation or general advertising is not made in connection with the offer to sell or sale of the securities; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A commission or other remuneration is not paid or given, directly or indirectly, to a person other than a broker-dealer licensed under this chapter or an agent licensed under this chapter for soliciting a prospective purchaser in this State; and [PL 2005, c. 65, Pt. A, §2 (NEW).] D. The issuer reasonably believes that all the purchasers in this State, other than those designated in subsection 13 , are purchasing for investment; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2007, c. 14, §2 (AMD).]

15. Limited private offering transactions, Maine issuer. A sale or an offer to sell securities of a corporation, limited partnership or limited liability company organized under the laws of this State or any issuer determined by the administrator by order to have its principal place of business in this State, if the sale or offer is by or on behalf of the issuer and if the transaction is part of a single issue in which: A. Not more than 25 purchasers are present in this State during any 12 consecutive months, other than those designated in subsection 13 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A general solicitation or general advertising is not made in connection with the offer to sell or sale of the securities; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A commission or other remuneration is not paid or given, directly or indirectly, to a person other than a broker-dealer licensed under this chapter or an agent licensed under this chapter for soliciting a prospective purchaser in this State; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. The issuer reasonably believes that all the purchasers in this State, other than those designated in subsection 13 , are purchasing for investment; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. The issuer files with the administrator a notification for exemption that must be in such form as may be prescribed by the administrator by order or by routine technical rule, as defined in Title 5, chapter 375, subchapter 2‑A ; and [PL 2005, c. 65, Pt. A, §2 (NEW).] F. The issuer provides a copy of the notification of exemption to each offeree of securities sold in reliance on this exemption, which must contain such legends as the administrator prescribes, notifying the offeree that the securities have not been registered with the administrator, that they may be considered restricted securities and that the issuer is under an obligation to make a reasonable finding that the securities are a suitable investment for the offeree; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2007, c. 14, §3 (AMD).]

16. Transactions with existing securities holders. A transaction under an offer to existing security holders of the issuer, including persons that at the date of the transaction are holders of convertible securities, options or warrants, if a commission or other remuneration, other than a standby commission, is not paid or given, directly or indirectly, for soliciting a security holder in this State; [PL 2005, c. 65, Pt. A, §2 (NEW).]

17. Offerings filed but not effective, nonexempt securities. An offer to sell, but not a sale, of a security not exempt from registration under the federal Securities Act of 1933 if: A. A registration or offering statement or similar record as required under the federal Securities Act of 1933 has been filed, but is not effective, or the offer is made in compliance with 17 Code of Federal Regulations, 230.165; and [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A stop order of which the offeror is aware has not been issued against the offeror by the administrator or the Securities and Exchange Commission and an audit, inspection or proceeding that is public and that may culminate in a stop order is not known by the offeror to be pending; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

18. Offerings filed but not effective, exempt securities. An offer to sell, but not a sale, of a security exempt from registration under the federal Securities Act of 1933 if: A. A registration statement has been filed under this chapter, but is not effective; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A solicitation of interest is provided in a record to offerees in compliance with a routine technical rule, as defined in Title 5, chapter 375, subchapter 2‑A , adopted by the administrator under this chapter; and [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A stop order of which the offeror is aware has not been issued against the offeror by the administrator or the Securities and Exchange Commission and an audit, inspection or proceeding that may culminate in a stop order is not known by the offeror to be pending; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

19. Control transactions. A transaction involving the distribution of the securities of an issuer to the security holders of another person in connection with a merger, consolidation, exchange of securities, sale of assets or other reorganization to which the issuer, or its parent or subsidiary, and the other person, or its parent or subsidiary, are parties; [PL 2005, c. 65, Pt. A, §2 (NEW).]

20. Rescission offers. A rescission offer, sale or purchase under section 16510 ; [PL 2005, c. 65, Pt. A, §2 (NEW).]

21. Not violative of laws of foreign state or jurisdiction. An offer or sale of a security to a person not a resident of this State and not present in this State if the offer or sale does not constitute a violation of the laws of the state or foreign jurisdiction in which the offeree or purchaser is present and is not part of an unlawful plan or scheme to evade this chapter. [PL 2005, c. 65, Pt. A, §2 (NEW).]

22. Employee benefit plans. An employees' stock purchase, savings, option, profit-sharing, pension or similar employees' benefit plan, including any securities, plan interests and guarantees issued under a compensatory benefit plan or compensation contract, contained in a record, established by the issuer, its parents, its majority-owned subsidiaries or the majority-owned subsidiaries of the issuer's parent for the participation of their employees including offers or sales of such securities to: A. Directors; general partners; trustees, if the issuer is a business trust; officers; and consultants and advisors, as permitted by 17 Code of Federal Regulations, 230.701(c)(1) (2003); [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Family members who acquire such securities from those persons through gifts or domestic relations orders; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Former employees, directors, general partners, trustees, officers and consultants and advisors, as permitted by 17 Code of Federal Regulations, 230.701(c)(1) (2003), if those individuals were employed by or providing services to the issuer when the securities were offered; and [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Insurance agents who are exclusive insurance agents of the issuer, or the issuer's subsidiaries or parents, or who derive more than 50% of their annual income from those organizations; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

23. Specified dividends, tender offers, judicially recognized reorganizations. A transaction involving: A. A stock dividend or equivalent equity distribution, whether the corporation or other business organization distributing the dividend or equivalent equity distribution is the issuer or not, if nothing of value is given by stockholders or other equity holders for the dividend or equivalent equity distribution other than the surrender of a right to a cash or property dividend if each stockholder or other equity holder may elect to take the dividend or equivalent equity distribution in cash, property or stock; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. An act incident to a judicially approved reorganization in which a security is issued in exchange for one or more outstanding securities, claims or property interests, or partly in such exchange and partly for cash; or [PL 2005, c. 65, Pt. A, §2 (NEW).] C. The solicitation of tenders of securities by an offeror in a tender offer in compliance with 17 Code of Federal Regulations, 230.162; [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

24. Nonissuer transactions in specified foreign issuers securities. A nonissuer transaction in an outstanding security by or through a broker-dealer licensed under or exempt from licensing under this chapter, if the issuer is a reporting issuer in a foreign jurisdiction designated by this paragraph or by rule adopted or order issued under this chapter; the issuer has been subject to continuous reporting requirements in the foreign jurisdiction for not less than 180 days before the transaction; and the security is listed on the foreign jurisdiction's securities exchange that has been designated by this paragraph or by routine technical rule, as defined in Title 5, chapter 375, subchapter 2‑A , adopted or order issued under this chapter, or is a security of the same issuer that is of senior or substantially equal rank to the listed security or is a warrant or right to purchase or subscribe to any of the foregoing. For purposes of this paragraph, Canada, together with its provinces and territories, is a designated foreign jurisdiction and the Toronto Stock Exchange, Inc. is a designated securities exchange. After an administrative hearing in compliance with the Maine Administrative Procedure Act, the administrator, by order issued under this chapter, may revoke the designation of a securities exchange under this paragraph if the administrator finds that revocation is necessary or appropriate in the public interest and for the protection of investors; [PL 2005, c. 65, Pt. A, §2 (NEW).]

25. Investments in viatical or life settlement contracts. Any offer or sale of an investment in a viatical or life settlement contract, if: A. The underlying viatical or life settlement transaction with the viator was not in violation of the Viatical and Life Settlements Act; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Such disclosure documents as the administrator, by rule or order, requires are delivered to each offeree or purchaser; and [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Prior to any offer in this State, a notice specifying the terms of the offer is filed with the administrator together with a consent to service of process complying with section 16611 , signed by the issuer, and a nonrefundable filing fee of $300 for each type or class of security being offered in this State and the administrator does not by order disallow the exemption within the next 5 full business days; or [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

26. Nonpublic offerings under 4(2). A security offered in a nonpublic offering under Section 4(2) of the federal Securities Act of 1933, 15 United States Code, Section 77d(2) if, no later than 15 days after the first sale in this State, a notice on "Form D," as promulgated by the Securities and Exchange Commission, is filed with the administrator together with a consent to service of process complying with section 16611 , signed by the issuer, and the payment of a nonrefundable filing fee of $300 for each type or class of security sold. If the Form D includes a consent to service of process, a separate document need not be filed for this purpose, and if the consent to service of process on the Form D is executed in a manner accepted by the Securities and Exchange Commission, it is deemed to comply with the requirement in this section and section 16611, subsection 1 that the consent be signed. An additional nonrefundable late filing fee of $500 must be paid for a filing made 16 or more days after the first sale in this State. [PL 2019, c. 252, Pt. A, §1 (AMD).]
32 M.R.S. § 4662 — ME Code / Title 32 / Chapter 69 / Section 4662
32 §4662. Contents of contract
Status: in_force

1. Contract required. When merchandise is sold or contracted to be sold, whether under a single contract or under multiple contracts, to a consumer as a result of or in connection with a seller's direct contact accomplished by means of and including, but not limited to, a personal visit or a telephone call upon the consumer, other than at the seller's place of business, without the consumer soliciting the initial contact, the contract must: A. Be in writing; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. Bear the signature of the seller and the consumer; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] C. Contain the date of the transaction; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] D. Contain the terms of the sale or offer; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] E. Contain the name and the mailing address of the seller's permanent place of business; [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] F. Contain a statement of the consumer's right to avoid as provided in this subchapter; and [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] G. Contain a statement of the limitation contained in section 4664‑A . [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] The seller shall furnish a completely executed copy of the contract or agreement to the consumer immediately after the consumer signs the agreement or contract. [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

2. Penalty. The following penalties apply to violations of this section. A. A seller who violates this section commits a Class E crime, which is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] B. A seller who intentionally violates this section commits a Class D crime. [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).] [PL 2003, c. 452, Pt. R, §6 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]
32 M.R.S. § 1105 — ME Code / Title 32 / Chapter 17 / Section 1105
32 §1105. Violations; penalty
Status: in_force

1. Unlicensed practice. A person who violates section 1201 is subject to the provisions of Title 10, section 8003‑C . A. [PL 2007, c. 402, Pt. I, §3 (RP).] B. [PL 2007, c. 402, Pt. I, §3 (RP).] C. [PL 2007, c. 402, Pt. I, §3 (RP).] [PL 2011, c. 420, Pt. M, §2 (AMD); PL 2011, c. 420, Pt. M, §7 (AFF).]

2. Penalty. [PL 2007, c. 402, Pt. I, §4 (RP).]

3. Strict liability. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2003, c. 452, Pt. R, §3 (NEW); PL 2003, c. 452, Pt. X, §2 (AFF).]

4. Exception. Subsection 1 does not apply to a person or work excepted under section 1102 or 1201‑A . [PL 2011, c. 420, Pt. M, §3 (AMD); PL 2011, c. 420, Pt. M, §7 (AFF).]

5. Installations by resident; certification. [PL 2017, c. 198, §9 (RP).]
32 M.R.S. § 1252 — ME Code / Title 32 / Chapter 19 / Section 1252
32 §1252. Other legally recognized professions not affected
Status: in_force

This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession.
32 M.R.S. § 14044 — ME Code / Title 32 / Chapter 124-A / Section 14044
32 §14044. License renewal
Status: in_force

A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A license may be renewed upon receipt of an application for renewal and payment of the renewal fee as set under section 14045 . Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee, as set under section 14045 . [PL 2017, c. 475, Pt. D, §1 (REEN).]

The board shall deny a renewal license to any applicant whose license has lapsed for more than 90 days unless the applicant satisfies the provisions governing new applicants under this subchapter. [PL 2017, c. 475, Pt. D, §1 (REEN).]
32 M.R.S. § 13175 — ME Code / Title 32 / Chapter 114 / Section 13175
32 §13175. Agency changes
Status: in_force

Any change of address, name or other material changes in the conditions or qualifications set forth in the original application must be reported to the director no later than 10 days after the change. Upon application and payment of the fee as set under section 13007 , the commission records must be changed and a new license must be issued for the unexpired term of the current license, if appropriate. [PL 2007, c. 402, Pt. BB, §17 (AMD).]
32 M.R.S. § 13832 — ME Code / Title 32 / Chapter 117 / Section 13832
32 §13832. Qualifications; requirements
Status: in_force

In order to administer a drug or vaccine under this subchapter, a pharmacist must: [PL 2011, c. 577, §5 (AMD).]

1. Certificate; application and fee. Possess a current certificate of administration issued by the board pursuant to this subchapter. The pharmacist must submit an application in the form prescribed by the board together with the requirements set forth under this subchapter and certificate fee as set forth under section 13724 . The certificate of administration expires and is subject to the conditions in the same manner as stated in section 13734 ; [PL 2009, c. 308, §3 (NEW).]

2. License. Hold a valid unrestricted pharmacist license in this State; [PL 2009, c. 308, §3 (NEW).]

3. Training. Submit evidence acceptable to the board that the pharmacist: A. Has completed a 20-hour course of study in the areas of drug administration authorized under this subchapter and as described in subsection 4 within the 3 years immediately preceding application for a certificate of administration; [PL 2023, c. 245, §2 (AMD).] B. Has graduated with a Doctor of Pharmacy degree from a college of pharmacy accredited by the American Council on Pharmaceutical Education or successor organization within the 3 years immediately preceding application for a certificate of administration that includes completion of training in the areas of drug administration authorized under this subchapter satisfactory to the board, including instruction in the areas identified in subsection 4 received as part of the pharmacist's pharmacy degree program; or [PL 2023, c. 245, §2 (AMD).] C. Has a valid certificate of administration issued by any jurisdiction of the United States or its territories within the 3 years immediately preceding application for a certificate of administration that authorizes the pharmacist to administer drugs comparable to those authorized under this chapter and that is based on the pharmacist's completion of training or course work as described in subsection 4 , or its equivalent as determined by the board, and has continuous administration practice since the pharmacist received such training or since completion of a retraining program as required in this subchapter, as long as such retraining incorporates the areas identified in subsection 4 ; [PL 2023, c. 245, §2 (AMD).] [PL 2023, c. 245, §2 (AMD).]

4. Didactic; practical course. Satisfactorily complete a didactic and practical course approved by the board that includes the current guidelines and recommendations of the federal Department of Health and Human Services, Centers for Disease Control and Prevention, the American Council on Pharmaceutical Education or a similar health authority or professional body, and that includes, but is not limited to, disease epidemiology, indications for use of vaccines, vaccine characteristics, injection techniques, adverse reactions to vaccines, emergency response to adverse events, immunization screening, informed consent, record keeping, registries, including the immunization information system established under Title 22, section 1064 , registry training and reporting mechanisms, including reporting adverse events, life support training, biohazard waste disposal and sterile techniques and related topics; and [PL 2009, c. 308, §3 (NEW).]

5. Life support training. Submit evidence of completing cardiovascular life support training accepted by the American Heart Association, the American Red Cross or other similar training organization. [PL 2009, c. 308, §3 (NEW).]
32 M.R.S. § 3835 — ME Code / Title 32 / Chapter 56 / Section 3835
32 §3835. License renewal
Status: in_force

Licenses issued under this chapter expire biennially or as established by the Commissioner of Professional and Financial Regulation. A person licensed under this chapter shall submit, on or before the established expiration date, an application for license renewal together with the renewal fee as set under section 3833‑A . Beginning January 1, 2020, a person that submits an application for license renewal shall demonstrate to the satisfaction of the board a one-time successful completion of a minimum of 3 contact hours of course work in family or intimate partner violence screening and referral and intervention strategies, including knowledge of community resources, cultural factors, evidence-based risk assessment and same-gender abuse dynamics. The board may accept equivalent courses in spousal or partner abuse screening and referral and intervention strategies or equivalent teaching or practice experience completed prior to January 1, 2020 in satisfaction of this requirement. Continuing education courses taken pursuant to this paragraph may be used to satisfy the licensee's required hours of continuing education. [PL 2013, c. 262, §2 (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 3833‑A . 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 that renewal application is received, together with the late fee and renewal fee, within 2 years from the date of that expiration. [PL 2007, c. 402, Pt. Q, §11 (AMD).]
32 M.R.S. § 4669 — ME Code / Title 32 / Chapter 69 / Section 4669
32 §4669. Referral sales, rebate or discount violations
Status: in_force

No seller, in any sale subject to this subchapter, shall offer to pay a commission or give a rebate or discount to the buyer in consideration of the buyer's giving to the seller the names of prospective purchasers or otherwise aiding the seller in making a sale to another person, if the earning of the commission, rebate or discount is contingent upon an event that is to happen subsequent to the time the buyer agrees to buy. [PL 1971, c. 150, §2 (NEW).]
32 M.R.S. § 1503-A — ME Code / Title 32 / Chapter 21 / Section 1503-A
32 §1503-A. Practitioner trainee
Status: in_force

The board may issue a practitioner trainee license to an individual seeking to obtain the necessary experience to be licensed as a practitioner of funeral service. An individual who receives a practitioner trainee license shall register with the Maine Apprenticeship Program established under Title 26, section 3202 and complete 2,000 hours of training with a funeral establishment approved by the board under the instruction and supervision of a licensed funeral practitioner who is actively engaged in that practice. [PL 2017, c. 210, Pt. C, §2 (NEW).]

Upon terminating employment, the practitioner trainee shall notify the board immediately, giving the date of termination. The practitioner trainee must repeat this procedure with all subsequent employers, accurately showing the dates of beginning and of terminating employment. Before a funeral service license may be issued, the practitioner trainee must file with the board a certification of the trainee time served, signed by the practitioner trainee's employer or employers, before a notary public. Practitioner trainee requirements are satisfied in the case of an applicant who presents proof of present licensure as a practitioner of funeral service in another state at the time application is made for licensure as a practitioner of funeral service in this State. [PL 2017, c. 210, Pt. C, §2 (AMD).]
32 M.R.S. § 13776 — ME Code / Title 32 / Chapter 117 / Section 13776
32 §13776. Contract renewal and changes
Status: in_force

Any changes in benefits or provisions in any contract may not be made unilaterally by either the program administrator or the pharmacy. Any change in a contract offered to one pharmacy shall be offered to all the state pharmacies participating in the program. [PL 1987, c. 710, §5 (NEW).]
32 M.R.S. § 16612 — ME Code / Title 32 / Chapter 135 / Section 16612
32 §16612. Liability of control persons
Status: in_force

In an administrative action brought by the administrator, or a civil action brought by the Attorney General for a violation of any provision of this chapter or any rule or order adopted or issued by the administrator pursuant to this chapter, every person who directly or indirectly controls another person liable for the violation, every partner, officer or director of that other person, every person occupying a similar status or performing similar functions, every employee of that other person who materially aids in the act or transaction constituting the violation and every broker-dealer, agent, investment adviser or investment adviser representative who materially aids in the act or transaction constituting the violation is liable to the same extent as that other person, unless the person otherwise secondarily liable under this chapter proves that the person did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist. Any of the remedies authorized by section 16603, subsection 2 may be granted with respect to a person secondarily liable under this section. This section is not intended to abrogate any right to contribution that may exist at common law with respect to an award of restitution. [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 1522 — ME Code / Title 32 / Chapter 22 / Section 1522
32 §1522. Director; powers and duties
Status: in_force

The director has the following powers and duties in addition to other powers and duties set forth in this chapter. [PL 2019, c. 284, §8 (AMD).]

1. Rules. The director shall establish guidelines and adopt rules necessary for the proper administration and enforcement of this chapter. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 284, §8 (AMD).]

2. Licensure. [PL 2019, c. 284, §8 (RP).]

3. Employees. [PL 2007, c. 402, Pt. K, §1 (RP).]

4. Advisory council. The director, as necessary, may select members of the interpreting profession and other interested parties to serve on an advisory council to advise and consult with the director concerning the regulation of interpreters for the deaf and hard-of-hearing. Service on the council is not in itself a conflict of interest regardless of the occupations or associations of the members. [PL 2019, c. 284, §8 (AMD).]
32 M.R.S. § 6195 — ME Code / Title 32 / Chapter 80-B / Section 6195
32 §6195. Cancellation
Status: reserved

1. Cancellation. In addition to any other right of rescission, a foreclosed homeowner has the right to cancel a contract with a foreclosure purchaser until midnight of the 5th business day following the day on which the foreclosed homeowner signs a contract that complies with this chapter or until 8:00 a.m. on the last day of the period during which the foreclosed homeowner has a right of redemption, whichever occurs first. Cancellation occurs when the foreclosed homeowner delivers, by any means, written notice of cancellation to the address provided in subsection 3 . If cancellation is mailed, delivery is effective upon mailing. If sent via e-mail, delivery is effective upon transmission. A notice of cancellation given by the foreclosed homeowner need not take the particular form as specified in the contract. Within 10 days following receipt of a notice of cancellation given in accordance with this section, the foreclosure purchaser shall return without condition any original contract and any other documents signed by the foreclosed homeowner. [PL 2007, c. 596, §1 (NEW).]

2. Notice of cancellation in contract. A contract must contain in the space reserved for the foreclosed homeowner's signature a conspicuous statement in at least 14-point boldface type, if the contract is printed, or in capital letters, if the contract is typed, as follows: "NOTICE REQUIRED BY MAINE LAW "You may cancel this contract for the sale of your house without any penalty or obligation at any time before ........ (Date and time of day) See the attached notice of cancellation form for an explanation of this right." The foreclosure purchaser shall accurately enter the date and time of day on which the cancellation right ends. [PL 2007, c. 596, §1 (NEW).]

3. Separate notice of cancellation. The foreclosure purchaser shall provide the foreclosed homeowner with a copy of the contract and the attached notice of cancellation at the time the contract is executed by all parties. The contract must be accompanied by a completed form in duplicate, captioned "notice of cancellation" in 14-point boldface type, if the contract is printed, or in capital letters, if the contract is typed, followed by a space in which the foreclosure purchaser shall enter the date on which the foreclosed homeowner executes the contract. This form must be attached to the contract, must be easily detachable and must contain in at least 12-point type, if the contract is printed, or in capital letters, if the contract is typed, the following statement written in the same language as used in the contract: "NOTICE OF CANCELLATION..... (Enter date contract signed) You may cancel this contract for the sale of your house, without any penalty or obligation, at any time before..... (Enter date) To cancel this transaction, you may use any of the following methods: (1) mail or otherwise deliver a signed and dated copy of this cancellation notice; or (2) send via e-mail a notice of cancellation to..... (Name of purchaser) at ..... (Physical address of purchaser's place of business)..... (E-mail address of foreclosure consultant's place of business) NOT LATER THAN ..... (Enter date). I hereby cancel this transaction ..... (Date) ................ (Seller's signature)" At a minimum, the contract and the notice of cancellation must contain a physical address to which notice of cancellation may be mailed or otherwise delivered. A post office box does not constitute a physical address. A post office box may be designated for delivery by mail only if it is accompanied by a physical address at which the notice could be delivered by a method other than mail. An e-mail address may be provided in addition to the physical address. [PL 2007, c. 596, §1 (NEW).]

4. Determination of cancellation period. The 5 business days during which the foreclosed homeowner may cancel the contract pursuant to subsection 1 does not begin to run until all parties to the contract have executed the contract and the foreclosure purchaser has complied with this section. [PL 2007, c. 596, §1 (NEW).]
32 M.R.S. § 2107 — ME Code / Title 32 / Chapter 31 / Section 2107
32 §2107. Injunctions
Status: in_force

The Superior Court has jurisdiction, upon information filed by the county attorney at the request of the board, to restrain or enjoin an individual from committing an act declared to be a misdemeanor by this chapter. If it is established that the defendant has been or is committing an act declared to be a misdemeanor by this chapter, the court shall enter a decree perpetually enjoining the defendant from further committing that act. In case of violation of an injunction issued under this section, the court may summarily try and punish the offender for contempt of court. Injunction proceedings are in addition to, and not in lieu of, all penalties and other remedies provided in this chapter. [PL 1993, c. 600, Pt. A, §118 (AMD).]
32 M.R.S. § 4313 — ME Code / Title 32 / Chapter 63-A / Section 4313
32 §4313. Licensing rules
Status: in_force

The department shall adopt licensing rules governing the practice of micropigmentation under this chapter. Rules adopted under this chapter are routine technical rules for purposes of Title 5, chapter 375, subchapter II‑A . The rules must include the following. [PL 1997, c. 383, §1 (NEW).]

1. Standards of practice. The department shall adopt rules that provide standards for the practice of micropigmentation that include at least the following. A. Instruments used for micropigmentation must be sterilized in a manner specified by the department. [PL 1997, c. 383, §1 (NEW).] B. Micropigmentation facilities must be equipped with appropriate sterilization equipment, hot and cold running water and a covered waste receptacle. [PL 1997, c. 383, §1 (NEW).] C. Case history records must be kept for each client. [PL 1997, c. 383, §1 (NEW).] D. A micropigmentation practitioner must demonstrate safety, sanitation and sterilization procedures and knowledge of infection control. [PL 1997, c. 383, §1 (NEW).] [PL 1997, c. 383, §1 (NEW).]

2. Education and training. The department shall adopt rules specifying the education and training standards for the practice of micropigmentation. The rules may require continuing education. The licensing rules must be adopted by the department by November 1, 1997. [PL 1997, c. 383, §1 (NEW).]
32 M.R.S. § 4699 — ME Code / Title 32 / Chapter 69-B / Section 4699
32 §4699. Prohibited acts
Status: in_force

It shall be unlawful for any seller: [PL 1979, c. 571 (NEW).]

1. Noncompliance. To fail to comply with any provision of this chapter, including, but not limited to: A. Failure to register pursuant to sections 4696 and 4697 ; [PL 1979, c. 571 (NEW).] B. Failure to provide all purchasers with the disclosure statement required by section 4692 ; [PL 1979, c. 571 (NEW).] C. Failure to secure a bond or an escrow account as required by section 4695 ; and [PL 1979, c. 571 (NEW).] D. Failure to return funds after a contract is avoided pursuant to section 4698 ; [PL 1979, c. 571 (NEW).]

2. Misrepresentation of sales, income and profits. To make any representation concerning estimated, projected or actual sales, income and gross or net profits unless, at the time the representation is made, the representation is relevant to the geographic market in which the business opportunity is to be located, a reasonable basis exists for the representations, the seller has in its possession material which constitutes a reasonable basis for the representation and the seller makes that material available to any prospective purchaser or the State upon their request; [PL 1979, c. 571 (NEW).]

3. Use of trademark. To use the trademark, service mark, trade name, logotype, advertising or other commercial symbol of any business which does not either control the ownership interest in the seller or accept responsibility for all misrepresentations made by the seller in regard to the business opportunity, unless the seller notifies all prospective purchasers, in writing, that the owner of the commercial symbol is not involved in the sales of the business opportunities; and [PL 1979, c. 571 (NEW).]

4. Misleading representations. To make any false, misleading or deceptive representations concerning the business opportunity. [PL 1979, c. 571 (NEW).]
32 M.R.S. § 9856 — ME Code / Title 32 / Chapter 103 / Section 9856
32 §9856. Application; fees
Status: in_force

1. Application for license. To apply for a license as a radiographer, nuclear medicine technologist, radiation therapy technologist or for a limited license, an applicant shall: A. Submit a written application with supporting documents to the board; [PL 2007, c. 402, Pt. X, §3 (AMD).] B. Pay the application fee as set under section 9859‑A ; and [PL 2007, c. 402, Pt. X, §3 (AMD).] C. Pay an examination fee as set under section 9859‑A . [PL 2007, c. 402, Pt. X, §3 (AMD).] [PL 2007, c. 402, Pt. X, §3 (AMD).]

2. Denial of application. In case the application is denied and permission to take the examination is refused, the examination fee only is returned to the applicant. Any applicant who fails to pass the examination is entitled to reexamination within 6 months upon repayment of the examination fee only. Pursuant to section 9858 , the board may issue a temporary license to an applicant who has failed an examination and is awaiting reexamination upon receipt of the fee as set under section 9859‑A ; the temporary license expires at such time as the board may by rule direct. [PL 2007, c. 402, Pt. X, §3 (AMD).]
32 M.R.S. § 7091 — ME Code / Title 32 / Chapter 83 / Section 7091
32 §7091. Establishment of commission
Status: reserved

1. Commission established. The compact member states hereby create and establish a joint government agency whose membership consists of all member states that have enacted the compact known as the Social Work Licensure Compact. The commission is an instrumentality of the compact states acting jointly and not an instrumentality of any one state. The commission comes into existence on or after the effective date of the compact as set forth in section 7095 . [PL 2023, c. 674, §1 (NEW).]

2. Membership, voting and meetings. Membership, voting and meetings of the commission are governed by this subsection. A. Each member state has and is limited to one delegate selected by that member state's licensing authority. [PL 2023, c. 674, §1 (NEW).] B. The delegate must be either: (1) A member of the licensing authority at the time of appointment who is a licensed social worker or public member; or (2) An administrator of the licensing authority or the administrator's designee. [PL 2023, c. 674, §1 (NEW).] C. The commission may recommend removal or suspension of any delegate from office. [PL 2023, c. 674, §1 (NEW).] D. The member state licensing authority shall fill any vacancy of its delegate occurring on the commission within 60 days of the vacancy. [PL 2023, c. 674, §1 (NEW).] E. Each delegate is entitled to one vote with regard to all matters before the commission requiring a vote by commission members. [PL 2023, c. 674, §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 to meet by telecommunication, videoconference or other similar electronic means. [PL 2023, c. 674, §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. The commission may meet by telecommunication, videoconference or other similar electronic means. [PL 2023, c. 674, §1 (NEW).] H. The commission shall by rule establish a term of office for delegates and may by rule establish term limits. [PL 2023, c. 674, §1 (NEW).] [PL 2023, c. 674, §1 (NEW).]

3. Powers and duties. The commission has the following powers and duties: A. To establish the fiscal year of the commission; [PL 2023, c. 674, §1 (NEW).] B. To establish code of conduct and conflict of interest policies; [PL 2023, c. 674, §1 (NEW).] C. To establish and amend rules and bylaws; [PL 2023, c. 674, §1 (NEW).] D. To maintain its financial records in accordance with the bylaws; [PL 2023, c. 674, §1 (NEW).] E. To meet and take such actions as are consistent with the provisions of this compact and the bylaws; [PL 2023, c. 674, §1 (NEW).] F. To initiate and conclude legal proceedings or actions in the name of the commission, as long as the standing of any state licensing authority to sue or be sued under applicable law is not affected; [PL 2023, c. 674, §1 (NEW).] G. To maintain and certify records and information provided to a member state as the authenticated business records of the commission and designate an agent to do so on the commission's behalf; [PL 2023, c. 674, §1 (NEW).] H. To purchase and maintain insurance and bonds; [PL 2023, c. 674, §1 (NEW).] I. To conduct an annual financial review; [PL 2023, c. 674, §1 (NEW).] J. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state; [PL 2023, c. 674, §1 (NEW).] K. To 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 2023, c. 674, §1 (NEW).] L. To assess and collect fees; [PL 2023, c. 674, §1 (NEW).] M. To accept appropriate donations and grants of money, equipment, supplies, materials and services and receive, use and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest; [PL 2023, c. 674, §1 (NEW).] N. To 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 2023, c. 674, §1 (NEW).] O. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2023, c. 674, §1 (NEW).] P. To establish a budget and make expenditures; [PL 2023, c. 674, §1 (NEW).] Q. To borrow money; [PL 2023, c. 674, §1 (NEW).] R. To 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 2023, c. 674, §1 (NEW).] S. To provide and receive information from, and cooperate with, law enforcement agencies; [PL 2023, c. 674, §1 (NEW).] T. To establish and elect an executive committee, including a chair and vice-chair; [PL 2023, c. 674, §1 (NEW).] U. To determine whether a state's adopted language is materially different from the model compact language such that the state would not qualify for participation in the compact; [PL 2023, c. 674, §1 (NEW).] V. To adopt and prepare an annual report to member states; and [PL 2023, c. 674, §1 (NEW).] W. To perform other functions as may be necessary or appropriate to achieve the purposes of the compact. [PL 2023, c. 674, §1 (NEW).] [PL 2023, c. 674, §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 the compact. The executive committee has the following duties and responsibilities: (1) To oversee the day-to-day activities of the administration of the compact, including enforcement and compliance with the provisions of the compact, its rules and bylaws and other such duties as determined necessary; (2) To recommend to the entire commission changes to the rules or bylaws, changes to the compact legislation, fees paid by compact member states, fees paid by licensees and other fees; (3) To ensure compact administration services are appropriately provided, including by contract; (4) To prepare and recommend the budget of the commission; (5) To maintain financial records on behalf of the commission; (6) To monitor compact compliance of member states and provide compliance reports to the commission; (7) To establish additional committees as necessary; (8) To exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending rules, adopting or amending bylaws and exercising any other powers and duties expressly reserved to the commission by rule or bylaw; and (9) To perform other duties as provided in rules or bylaws. [PL 2023, c. 674, §1 (NEW).] B. The executive committee is composed of up to 11 members: (1) The chair and vice-chair of the commission, who are voting members of the executive committee; (2) Five voting members who are elected by the commission from the membership of the commission; and (3) Up to 4 ex officio, nonvoting members from 4 recognized national social work organizations. The ex officio members must be selected by their respective organizations. [PL 2023, c. 674, §1 (NEW).] C. The commission may remove any member of the executive committee as provided in the bylaws. [PL 2023, c. 674, §1 (NEW).] D. The executive committee shall meet at least once annually. (1) Executive committee meetings are open to the public, except that the executive committee may meet in a closed, nonpublic meeting as provided in subsection 5, paragraph B . (2) The executive committee shall give 7 days' notice of its meetings, posted on its publicly accessible website and as determined to provide notice to persons with an interest in the business of the commission. (3) The executive committee may hold a special meeting in accordance with subsection 5 . [PL 2023, c. 674, §1 (NEW).] [PL 2023, c. 674, §1 (NEW).]

5. Meetings of commission. Meetings of the commission are governed by this subsection. A. Except as provided in paragraph B , all meetings are 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 7093 . The commission may hold a special meeting when it must meet to conduct emergency business by giving 48 hours' notice to all delegates, on the commission's publicly accessible website and by other means as provided in the commission's rules. The commission's legal counsel shall certify that the commission's need to meet qualifies as an emergency. [PL 2023, c. 674, §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 when 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; (10) Matters specifically exempted from disclosure by federal or member state statute; or (11) Other matters as promulgated by the commission by rule. [PL 2023, c. 674, §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 2023, c. 674, §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 for those actions, 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 2023, c. 674, §1 (NEW).] [PL 2023, c. 674, §1 (NEW).]

6. Financing of 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 2023, c. 674, §1 (NEW).] B. The commission may accept any appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. [PL 2023, c. 674, §1 (NEW).] C. The commission may levy on and collect an annual assessment from each member state or impose fees on licensees of member states to whom it grants a multistate license 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 2023, c. 674, §1 (NEW).] D. The commission may not incur obligations of any kind prior to securing the funds adequate to meet those obligations, 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 2023, c. 674, §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 are subject to an annual financial review 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 2023, c. 674, §1 (NEW).] [PL 2023, c. 674, §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, both personally and 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 this paragraph may not 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. The procurement of insurance of any type by the commission may not in any way compromise or limit the immunity granted in this paragraph. [PL 2023, c. 674, §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 as determined by the commission 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, as long as the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct. This paragraph may not be construed to prohibit that person from retaining the person's own counsel at the person's own expense. [PL 2023, c. 674, §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 the 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 2023, c. 674, §1 (NEW).] D. This subsection may not be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which are governed solely by any other applicable state laws. [PL 2023, c. 674, §1 (NEW).] E. Nothing in this compact may be interpreted to waive or otherwise abrogate a member state's state action immunity or state action affirmative defense with respect to antitrust claims under the federal Sherman Act, the federal Clayton Act or any other state or federal antitrust or anticompetitive law or regulation. [PL 2023, c. 674, §1 (NEW).] F. Nothing in this compact may be construed to be a waiver of sovereign immunity by the member states or by the commission. [PL 2023, c. 674, §1 (NEW).] [PL 2023, c. 674, §1 (NEW).]
32 M.R.S. § 6219-B — ME Code / Title 32 / Chapter 81 / Section 6219-B
32 §6219-B. Inactive status license
Status: in_force

1. Placement on inactive status. A licensee under this chapter who does not desire to perform any of the activities described in section 6203‑A, subsections 2 , 5 , 6 and 9 and who wants to preserve the license while not engaged in any alcohol and drug counseling activity may apply for an inactive status license pursuant to Title 10, section 8003, subsection 5‑A, paragraph D , subparagraph (5). The fee for inactive status licensure is set under section 6215 . During inactive status, the licensee must renew the inactive license annually and pay the renewal fee as set under section 6215 , but is not required to meet the continuing educational provisions of section 6219‑A . [PL 2007, c. 402, Pt. U, §14 (AMD).]

2. Reinstatement to active status. An inactive status licensee may apply for reinstatement to active status by paying the fee as set under section 6215 , completing continuing education requirements as determined by board rule and submitting such additional information as the board may require. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 402, Pt. U, §14 (AMD).]
32 M.R.S. § 18101 — ME Code / Title 32 / Chapter 139 / Section 18101
32 §18101. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

1. Accessory equipment. "Accessory equipment" means equipment, materials and controls that are not integral parts of the oil, solid fuel, propane or natural gas burning unit but that are connected to the oil, solid fuel, propane or natural gas burning unit and have the potential to affect the safety of the equipment. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

2. ASME container. "ASME container" means a container constructed in accordance with a code developed by the American Society of Mechanical Engineers or its successor organization. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

3. Board. "Board" means the Maine Fuel Board established in Title 5, section 12004‑A, subsection 49 . [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

4. Chimney. "Chimney" means a factory-built, masonry or metal chimney constructed to allow one or more vertical or nearly vertical passageways for conveying flue gases from a building to the outside atmosphere. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

5. Dispensing station. "Dispensing station" means a licensed facility consisting of fixed equipment where propane or natural gas is stored and dispensed into portable containers. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

6. Equipment installations. "Equipment installations" means the installation, alteration or repair of oil, solid fuel, propane or natural gas burning equipment and chimneys, or pellet-fired central heating appliances, including accessory equipment as relating only to the safety of the installation. Associated electrical equipment must be wired in compliance with the rules of the Electricians' Examining Board established in Title 5, section 12004‑A, subsection 13 . [PL 2015, c. 169, §1 (AMD).]

7. Natural gas. "Natural gas" means hydrocarbon fuel in a gaseous state with a composition of predominantly CH4. [PL 2015, c. 169, §1 (AMD).]

8. NFPA. "NFPA" means the National Fire Protection Association. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

9. Propane. "Propane" means a hydrocarbon fuel with a chemical composition of predominantly C3H8, whether recovered from natural gas or from crude oil. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]

10. Self-service dispensing station. "Self-service dispensing station" means a licensed facility where propane or natural gas is dispensed into permanently mounted fuel containers on vehicles. [PL 2015, c. 169, §1 (AMD).]

11. Solid fuel. "Solid fuel" means coal, wood, pellets and other similar organic materials or any combination of them. [PL 2013, c. 217, Pt. I, §1 (AMD).]

12. State fuel inspector. "State fuel inspector" means a person employed by the Department of Professional and Financial Regulation, Office of Professional and Occupational Regulation to enforce the provisions of this chapter. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF); PL 2011, c. 286, Pt. B, §5 (REV).]

13. Wood pellets. "Wood pellets" means a wood fuel product manufactured from compressed sawdust or other wood by-product that is pressed or extruded into pieces of uniform size and shape that are designed to be fed in bulk to a combustion chamber. "Wood pellets" does not include ground wood chips. [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]
32 M.R.S. § 19301 — ME Code / Title 32 / Chapter 151 / Section 19301
32 §19301. Requirements for licensure
Status: in_force

1. Requirements. A license applicant must meet the following requirements before licensure: A. Be a graduate of a learning institution accredited by the ACOE; [PL 2023, c. 580, §8 (NEW).] B. Pass all examinations required by the board; and [PL 2023, c. 580, §8 (NEW).] C. Satisfy all other requirements set forth in this chapter. [PL 2023, c. 580, §8 (NEW).] [PL 2023, c. 580, §8 (NEW).]

2. Waiver or modification. Upon written request from a license applicant, the board may waive or modify licensing requirements if the license applicant demonstrates successful completion of equivalent requirements and the board is otherwise satisfied that granting the license applicant a license will not harm the health, safety and welfare of the public. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 6100-U — ME Code / Title 32 / Chapter 79-A / Section 6100-U
32 §6100-U. Permissible investments
Status: in_force

Permissible investments are governed by this section. [PL 2023, c. 662, §2 (NEW).]

1. Types of permissible investments. The following investments are permissible under section 6100‑T : A. Cash, including demand deposits, savings deposits and funds in such accounts held for the benefit of the licensee's customers in a federally insured depository financial institution, and cash equivalents, including automated clearinghouse items in transit to the licensee and automated clearinghouse items or international wires in transit to a payee, cash in transit via armored car, cash in so-called smart safes, cash in licensee-owned locations, debit card or credit card-funded transmission receivables owed by any bank or money market mutual funds rated "AAA" by S&P Global Ratings or successor organization, or the equivalent from any other eligible rating service; [PL 2023, c. 662, §2 (NEW).] B. Certificates of deposit or senior debt obligations of an insured depository institution, as defined in the Federal Deposit Insurance Act, 12 United States Code, Section 1813(c)(2) or as described under the Federal Credit Union Act, 12 United States Code, Section 1751 et seq.; [PL 2023, c. 662, §2 (NEW).] C. An obligation of the United States or a commission, agency or instrumentality of the United States; an obligation that is guaranteed fully as to principal and interest by the United States; or an obligation of a state or a governmental subdivision, agency or instrumentality of the United States; and [PL 2023, c. 662, §2 (NEW).] D. The full drawable amount of an irrevocable standby letter of credit, for which the stated beneficiary is the administrator, that stipulates that the beneficiary need only draw a sight draft under the letter of credit and present it to obtain funds up to the letter of credit amount within 7 days of presentation of the items required by subparagraph (3). (1) The letter of credit: (a) Must be issued by a federally insured depository financial institution, a foreign bank that is authorized under federal law to maintain a federal agency or federal branch office in a state or states or a foreign bank that is authorized under state law to maintain a branch in a state that bears an eligible rating or whose parent company bears an eligible rating and is regulated, supervised and examined by federal or state authorities in the United States having regulatory authority over banks, credit unions and trust companies; (b) Must be irrevocable and unconditional and indicate that it is not subject to any condition or qualifications outside of the letter of credit; (c) May not contain reference to any other agreements, documents or entities or otherwise provide for any security interest in the licensee; and (d) Must contain an issue date and expiration date and expressly provide for automatic extension, without a written amendment, for an additional period of one year from any current or future expiration date, unless the issuer of the letter of credit notifies the administrator in writing by certified or registered mail or courier mail or other receipted means, at least 60 days prior to the expiration date, that the irrevocable letter of credit will not be extended. (2) If a notice of expiration or nonextension of a letter of credit is issued under subparagraph (1), division (d), the licensee shall demonstrate to the satisfaction of the administrator, 15 days prior to expiration, that the licensee maintains and will maintain permissible investments in accordance with section 6100‑T, subsection 1 upon the expiration of the letter of credit. If the licensee is not able to do so, the administrator may draw on the letter of credit in an amount up to the amount necessary to meet the licensee's requirements to maintain permissible investments in accordance with section 6100‑T, subsection 1 . Such a draw must be offset against the licensee's outstanding money transmission obligations. The drawn funds must be held in trust by the administrator or the administrator's designated agent, to the extent authorized by law, as agent for the benefit of the purchasers and holders of the licensee's outstanding money transmission obligations. (3) The letter of credit must state that the issuer of the letter of credit will honor, at sight, a presentation made by the beneficiary to the issuer of the following documents on or prior to the expiration date of the letter of credit: (a) The original letter of credit, including any amendments; and (b) A written statement from the beneficiary stating that any of the following events have occurred: (i) The filing of a petition by or against the licensee under the United States Bankruptcy Code, 11 United States Code, Sections 101 to 110 for bankruptcy or reorganization; (ii) The filing of a petition by or against the licensee for receivership or the commencement of any other judicial or administrative proceeding for the dissolution or reorganization of the licensee; (iii) The seizure of assets of a licensee by an administrator pursuant to an emergency order issued in accordance with applicable law, on the basis of an action, violation or condition that has caused or is likely to cause the insolvency of the licensee; or (iv) The beneficiary has received notice of expiration or nonextension of a letter of credit and the licensee failed to demonstrate to the satisfaction of the beneficiary that the licensee will maintain permissible investments in accordance with section 6100‑T, subsection 1 upon the expiration or nonextension of the letter of credit. (4) The administrator may designate an agent to serve on the administrator's behalf as beneficiary to a letter of credit as long as the agent and letter of credit meet requirements established by the administrator. The administrator's agent may serve as agent for multiple licensing authorities for a single irrevocable letter of credit if the proceeds of the drawable amount for the purposes of this paragraph are assigned to the administrator. (5) The administrator may participate in multistate processes designed to facilitate the issuance and administration of letters of credit, including but not limited to services provided by NMLS and the State Regulatory Registry LLC or successor organization. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

2. Investment limits. Unless permitted by the administrator by rule or order to exceed the limit as set forth in this subsection, the following investments are permissible under section 6100-T to the extent specified. A. Receivables that are payable to a licensee from its authorized delegates in the ordinary course of business that are less than 7 days old are permissible up to 50% of the aggregate value of the licensee's total permissible investments. [PL 2023, c. 662, §2 (NEW).] B. Of the receivables permissible under paragraph A , receivables that are payable to a licensee from a single authorized delegate in the ordinary course of business may not exceed 10% of the aggregate value of the licensee's total permissible investments. [PL 2023, c. 662, §2 (NEW).] C. The following investments are permissible up to 20% per category and combined up to 50% of the aggregate value of the licensee's total permissible investments: (1) A short-term investment, up to 6 months in duration, bearing an eligible rating; (2) Commercial paper bearing an eligible rating; (3) A bill, note, bond or debenture bearing an eligible rating; (4) United States tri-party repurchase agreements collateralized at 100% or more with United States government or agency securities, municipal bonds or other securities bearing an eligible rating; (5) Money market mutual funds rated less than "AAA" and equal to or higher than "A-" by S&P Global Ratings or successor organization, or the equivalent from any other eligible rating service; and (6) A mutual fund or other investment fund composed exclusively of one or more permissible investments listed in subsection 1, paragraphs A to C . [PL 2023, c. 662, §2 (NEW).] D. Cash, including demand deposits, savings deposits and funds in such accounts held for the benefit of the licensee's customers, at foreign depository institutions is permissible up to 10% of the aggregate value of the licensee's total permissible investments if the licensee has received a satisfactory rating in its most recent examination and the foreign depository institution: (1) Has an eligible rating; (2) Is registered under the federal foreign account tax compliance laws under the federal Hiring Incentives to Restore Employment Act, Title V, Subtitle A; (3) Is not located in a country subject to sanctions from the United States Department of the Treasury, Office of Foreign Assets Control; and (4) Is not located in a high-risk or noncooperative jurisdiction as designated by the Financial Action Task Force or successor organization. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 19401 — ME Code / Title 32 / Chapter 151 / Section 19401
32 §19401. Investigations
Status: in_force

1. Board may investigate complaints. The board may investigate a complaint, on its own initiative or upon receipt of a written complaint, regarding noncompliance with or violation of this chapter or of rules adopted by the board, including but not limited to complaints against any person, whether or not licensed under this chapter, related to actions or activities involving a kiosk or telehealth. [PL 2023, c. 580, §8 (NEW).]

2. Disclosure. During the pendency of an investigation, a complaint or investigative record may be disclosed: A. To a designated complaint officer; [PL 2023, c. 580, §8 (NEW).] B. To other state or federal agencies when the information contains evidence of possible violations of laws enforced by those agencies; and [PL 2023, c. 580, §8 (NEW).] C. Pursuant to rules that must be adopted by the department, when it is determined that confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced by the disclosure. [PL 2023, c. 580, §8 (NEW).] [PL 2023, c. 580, §8 (NEW).]

3. Notice to licensee; response; dismissal. The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but not later than 60 days from receipt of this information. The licensee shall respond within 30 days. If the licensee's response to the complaint satisfies the board that the complaint does not merit further investigation or action, the matter may be dismissed, with notice of the dismissal to the parties. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 11205 — ME Code / Title 32 / Chapter 111-A / Section 11205
32 §11205. Unlawful commodity activities
Status: in_force

1. Persons allowed to engage in commodity activities. No person may engage in a trade or business or otherwise act as a commodity merchant, unless that person: A. Is registered or temporarily licensed with the Commodity Futures Trading Commission for each activity constituting such person as a commodity merchant and such registration or temporary license shall not have expired, nor been suspended nor revoked; or [PL 1985, c. 643 (NEW).] B. Is exempt from that registration by virtue of the Commodity Exchange Act or of a Commodity Futures Trading Commission Rule. [PL 1985, c. 643 (NEW).] [PL 1985, c. 643 (NEW).]

2. Board of trade allowed to trade. No board of trade may trade, or provide a place for the trading of, any commodity contract or commodity option required to be traded on or subject to the rules of a contract market designated by the Commodity Futures Trading Commission, unless that board of trade has been so designated for that commodity contract or commodity option and that designation shall not have been vacated, nor suspended nor revoked. [PL 1985, c. 643 (NEW).]
32 M.R.S. § 12525 — ME Code / Title 32 / Chapter 113-B / Section 12525
32 §12525. Qualification for licensure
Status: in_force

1. Qualification for licensure. To be eligible for a license to practice naturopathic medicine, the applicant must: A. Be a graduate of an approved naturopathic medical college and pass or have passed a competency-based examination approved by the board, covering the appropriate naturopathic subjects, including basic and clinical sciences; [PL 1995, c. 671, §13 (NEW).] B. [PL 2007, c. 402, Pt. AA, §9 (RP).] B-1. Be trustworthy and competent; [PL 2007, c. 402, Pt. AA, §9 (NEW).] C. Be physically and mentally capable of safely practicing naturopathic medicine with or without reasonable accommodation; [PL 1995, c. 671, §13 (NEW).] D. Have had no license to practice naturopathic medicine refused, revoked or suspended by any other state or country for reasons that relate to the applicant's ability to skillfully and safely practice naturopathic medicine unless that license has been restored to good standing by that state or country; and [PL 1995, c. 671, §13 (NEW).] E. File an application and pay the licensing fees established under section 12526 . [PL 2003, c. 666, §7 (AMD).] [PL 2007, c. 402, Pt. AA, §9 (AMD).]

2. Conditional licensure. [PL 2007, c. 402, Pt. AA, §9 (RP).]

3. Naturopathic acupuncture specialty certification. In order to practice naturopathic acupuncture, a naturopathic doctor must obtain a naturopathic acupuncture specialty certification from the board. The board may issue this specialty certification to a naturopathic doctor who has: A. Submitted an application and a certification fee established under section 12526 ; [PL 2003, c. 666, §8 (AMD).] B. Completed an acupuncture program approved by the board that includes 1,000 hours of classroom training and 300 hours of supervised clinical training; and [PL 1995, c. 671, §13 (NEW).] C. Passed an examination administered by the National Commission for the Certification of Acupuncturists and Oriental Medicine, or its successor or other organization approved by the board. [PL 2007, c. 402, Pt. AA, §9 (AMD).] [PL 2007, c. 402, Pt. AA, §9 (AMD).]

4. Disclosures. Naturopathic doctors shall: A. Clearly disclose to each patient and on all printed material that their training is in naturopathic medicine; [PL 1995, c. 671, §13 (NEW).] B. Openly display their license, attaching renewals and specialty certifications when applicable; and [PL 1995, c. 671, §13 (NEW).] C. When practicing without malpractice insurance, disclose to each patient that they do not have insurance. [PL 1995, c. 671, §13 (NEW).] [PL 1995, c. 671, §13 (NEW).]
32 M.R.S. § 7002 — ME Code / Title 32 / Chapter 83 / Section 7002
32 §7002. Unlicensed practice
Status: in_force

Notwithstanding Title 17‑A, section 4‑A , any person who makes a representation to the public or uses the title of social worker, unless licensed by the board, as a licensed clinical social worker, licensed master social worker, certified social worker or a licensed social worker is subject to the provisions of Title 10, section 8003‑C . Any person performing the functions of a social worker as a part of a profession or occupation or in a voluntary capacity is not subject to this section. A person who engages in the practice of a clinical social worker, master social worker or social worker without a license under this chapter has engaged in an unfair trade practice in violation of Title 5, chapter 10 . [PL 2021, c. 233, §2 (AMD); PL 2021, c. 233, §6 (AFF).]
32 M.R.S. § 17104 — ME Code / Title 32 / Chapter 137 / Section 17104
32 §17104. Exemptions to audiology and speech-language pathology
Status: in_force

Nothing in this chapter may be construed as preventing or restricting: [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

1. Hearing aid dealer and fitter. A hearing aid dealer and fitter licensed under this chapter or the holder of a trainee permit under this chapter from the fitting of hearing aids or the testing of hearing for the purpose of fitting hearing aids; [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

2. Individual holding valid and current credential. An individual who holds a valid and current credential as a speech-language or hearing clinician, issued by the Department of Education, from providing services within a local educational agency or an individual employed as a speech-language pathologist or audiologist by the Federal Government, if the individual performs speech-language pathology or audiology services solely within the confines or under the jurisdiction of the organization by which that individual is employed. The individual may, without obtaining a license under this chapter, consult with or disseminate research findings and other scientific information to speech-language pathologists and audiologists outside the jurisdiction of the organization by which that individual is employed. The individual may also offer lectures to the public for a fee, monetary or other, without being licensed under this chapter. The individual may additionally elect to be subject to this chapter; or [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

3. Physician. A physician or osteopathic physician licensed by this State from testing, diagnosing and treating medical problems related to disorders of language, speech or hearing, nor permitting a speech-language pathologist or audiologist to practice medicine, surgery or other healing arts. [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

4. Individual enrolled in course leading to degree. [PL 2007, c. 695, Pt. A, §40 (RP).]

An individual who is enrolled in a course of study leading to a degree in speech-language pathology or audiology at an accredited college or accredited university is exempt as long as such activities and services constitute a part of the course of study. [PL 2007, c. 695, Pt. A, §39 (NEW).]
32 M.R.S. § 6181 — ME Code / Title 32 / Chapter 80-A / Section 6181
32 §6181. Effects of violations on rights of parties
Status: in_force

1. Violations; unfair, unconscionable or deceptive practices. A debt management service provider that violates any provision of this chapter or any rule adopted by the administrator or that through any unfair, unconscionable or deceptive practice causes actual damage to a consumer is subject to enforcement action pursuant to subsection 2 . [PL 1999, c. 560, §3 (NEW).]

2. Enforcement actions. The following enforcement actions may be taken by the administrator or an aggrieved consumer against a debt management service provider for violations of any provision of this chapter or any rule adopted pursuant to this chapter or for unfair, unconscionable or deceptive practices that cause actual damage to a consumer: A. After notice and hearing, a cease and desist order from the administrator; [PL 1999, c. 560, §3 (NEW).] B. When in the opinion of the administrator immediate action is required to protect the public interest, a cease and desist order without prior notice and hearing after which the administrator shall afford an opportunity for a hearing, the results of which are subject to review under Title 5, chapter 375, subchapter VII ; [PL 1999, c. 560, §3 (NEW).] C. After notice and hearing, forfeiture of such portion of the required bond as proportionately may make aggrieved parties whole; [PL 1999, c. 560, §3 (NEW).] D. A civil action by the administrator through the Attorney General, after which a court may assess a civil penalty payable to the State of not more than $5,000; [PL 1999, c. 560, §3 (NEW).] E. A civil action by an aggrieved consumer in which that consumer has the right to recover actual damages from the debt management service provider in an amount determined by the court plus costs of the action together with reasonable attorney's fees; or [PL 1999, c. 560, §3 (NEW).] F. Revocation, suspension or nonrenewal of the debt management service provider's registration pursuant to section 6182 . [PL 1999, c. 560, §3 (NEW).] [PL 1999, c. 560, §3 (NEW).]
32 M.R.S. § 4671 — ME Code / Title 32 / Chapter 69 / Section 4671
32 §4671. Prohibited practices
Status: in_force

A seller may not: [PL 1991, c. 524, §4 (NEW).]

1. Misrepresentations. Misrepresent any material fact relating to the terms or conditions of sale; [PL 1991, c. 524, §4 (NEW).]

2. False impressions. Create an impression that is false or the seller does not believe to be true; and [PL 1991, c. 524, §4 (NEW).]

3. False promises. Promise performance that the seller does not intend to perform or knows will not be performed. [PL 1991, c. 524, §4 (NEW).]
32 M.R.S. § 6100-TT — ME Code / Title 32 / Chapter 79-A / Section 6100-TT
32 §6100-TT. Additional requirements for virtual currency business activities
Status: in_force

Additional requirements for virtual currency business activities are governed by this section. [PL 2023, c. 662, §2 (NEW).]

1. Compliance. A licensee engaged in virtual currency business activities shall comply with all provisions of this Act to the extent applicable to the licensee's activities. [PL 2023, c. 662, §2 (NEW).]

2. Tangible net worth calculation. A licensee engaged in virtual currency business activities may include in its calculation of tangible net worth virtual currency, measured by the average value of the virtual currency in United States dollar equivalent of virtual currency over the prior 6 months, excluding control of virtual currency for a person entitled to the protections pursuant to section 6100‑SS. [PL 2023, c. 662, §2 (NEW).]

3. Records. A licensee shall maintain, for all virtual currency business activity with or on behalf of a person 5 years after the date of the activity, a record of: A. Each transaction of the licensee with or on behalf of the person or for the licensee's account in this State, including: (1) The identity of the person; (2) The form of the transaction; (3) The amount, date and payment instructions given by the person; and (4) The account number, name and United States Postal Service address of the person and, to the extent feasible, other parties to the transaction; [PL 2023, c. 662, §2 (NEW).] B. The aggregate number of transactions and aggregate value of transactions by the licensee with or on behalf of the person and for the licensee's account in this State, expressed in United States dollar equivalent of virtual currency for the previous 12 calendar months; [PL 2023, c. 662, §2 (NEW).] C. Each transaction in which the licensee exchanges one form of virtual currency for money or another form of virtual currency with or on behalf of the person; [PL 2023, c. 662, §2 (NEW).] D. All assets, liabilities, capital, income and expenses of the licensee, as a monthly general ledger; [PL 2023, c. 662, §2 (NEW).] E. Each business call report the licensee is required to create or provide to the Department of Professional and Financial Regulation or NMLS; [PL 2023, c. 662, §2 (NEW).] F. Bank statements and bank reconciliation records for the licensee and the name, account number and United States Postal Service address of each bank the licensee uses in the conduct of its virtual currency business activity with or on behalf of the person; [PL 2023, c. 662, §2 (NEW).] G. A report of any dispute with the person; and [PL 2023, c. 662, §2 (NEW).] H. A report of any virtual currency business activity transaction with or on behalf of a person that the licensee was unable to complete. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

4. Form of records. A licensee shall maintain records required by subsection 3 in a form that enables the administrator to determine whether the licensee is in compliance with this Act, a court order, a federal law and a law of this State other than this Act. [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 6164 — ME Code / Title 32 / Chapter 80 / Section 6164
32 §6164. Definitions
Status: in_force

Terms defined in the Maine Money Transmission Modernization Act have the same meanings when used in this subchapter. Additionally, as used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2025, c. 285, §2 (NEW).]

1. Blockchain. "Blockchain" means distributed ledger technologies where data are shared across a network that creates a digital ledger of verified transactions or information among network participants and the data are typically linked using cryptology to maintain the integrity of the ledger and execute other functions, including transfer of ownership or value. [PL 2025, c. 285, §2 (NEW).]

2. Transaction hash. "Transaction hash" means a unique identifier made up of a string of characters that acts as a record of and provides proof that a virtual currency transaction was verified and added to the blockchain. [PL 2025, c. 285, §2 (NEW).]

3. Virtual currency kiosk. "Virtual currency kiosk" means an automated, unstaffed electronic machine that is capable of facilitating the transfer of value to a public key that is recorded on a blockchain as directed by the sender at the virtual currency kiosk or at a later time by other means facilitated by the virtual currency kiosk operator. [PL 2025, c. 285, §2 (NEW).]

4. Virtual currency kiosk operator. "Virtual currency kiosk operator" means a person that owns, operates or manages a virtual currency kiosk located in this State through which virtual currency business activity is offered. [PL 2025, c. 285, §2 (NEW).]

5. Virtual currency kiosk transaction. "Virtual currency kiosk transaction" means a transaction conducted or performed, in whole or in part, by electronic means via a virtual currency kiosk. "Virtual currency kiosk transaction" also means a transaction made at a virtual currency kiosk to purchase virtual currency with fiat currency or to sell virtual currency for fiat currency. [PL 2025, c. 285, §2 (NEW).]
32 M.R.S. § 19701 — ME Code / Title 32 / Chapter 151 / Section 19701
32 §19701. Succession in practice
Status: in_force

1. Optometrist taking over established practice. An optometrist taking over an established practice shall clearly indicate that the new optometrist is responsible individually for the practice, but the optometrist may use the term: "succeeded by," "successor to" or "succeeding" for a period not exceeding 2 years. [PL 2023, c. 580, §8 (NEW).]

2. Written directive identifying successor licensee. A licensee who is closing a practice shall no later than 30 days prior to closure create and maintain a written directive identifying a successor licensee who is willing to assume the responsibility of the licensee's practice, to maintain continuity of treatment, to transfer medical information and to ensure patient health and safety. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 6218 — ME Code / Title 32 / Chapter 81 / Section 6218
32 §6218. Issuance after denial, suspension or revocation
Status: in_force

Any individual whose license, certification or registration has been denied, suspended or revoked may apply to the board for licensure, registration or certification reinstatement one year after the date of the board's original action. A competency review is a condition of reinstatement. The board shall determine the nature of this review and shall adopt rules in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter 2‑A . [PL 2003, c. 347, §20 (AMD); PL 2003, c. 347, §25 (AFF).]
32 M.R.S. § 1726 — ME Code / Title 32 / Chapter 26 / Section 1726
32 §1726. Enforcement
Status: in_force

A person who labels a plastic container in violation of this chapter commits a violation of the Maine Unfair Trade Practices Act. [PL 1995, c. 656, Pt. A, §6 (RPR).]
32 M.R.S. § 13178 — ME Code / Title 32 / Chapter 114 / Section 13178
32 §13178. Trust accounts
Status: in_force

Every agency shall maintain a federally insured account or accounts in a financial institution authorized to do business in this State, as defined in Title 9‑B, section 131, subsection 17‑A , or a credit union authorized to do business in this State, as defined in Title 9‑B, section 131, subsection 12‑A , for the sole purpose of depositing all earnest money deposits and all other money held by it as an agency in which its clients or other persons with whom it is dealing have an interest. The trust account and withdrawal orders, including all checks drawn on the account, must name the subject agency and be identified as a real estate trust account. Real estate trust accounts must be free from trustee process, except by those persons for whom the brokerage agency has made the deposits and then only to the extent of the interest. The designated broker, except for an amount necessary to maintain the accounts not to exceed an amount prescribed by commission rule, shall withdraw from the accounts all fees due within 30 days after but not until consummation or termination of the transaction when the designated broker makes or causes to be made a full accounting to the broker's principal. The designated broker shall maintain trust accounts and supporting records in a manner prescribed by commission rule. These accounts and records must be open for inspection by the director or the director's authorized representative at the agency's place of business during generally recognized business hours. Upon order of the director, the designated broker shall authorize the director in writing to confirm the balance of funds held in all agency trust accounts. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 378, §5 (AMD); PL 2005, c. 378, §29 (AFF).]
32 M.R.S. § 4700-K — ME Code / Title 32 / Chapter 69-C / Section 4700-K
32 §4700-K. Compliance with other laws and rules
Status: in_force

Notwithstanding this chapter, all water wells and geothermal heat exchange wells must be constructed and maintained in accordance with all other laws and rules in effect, including for water wells the water well information laws, Title 12, section 550‑B . [PL 2009, c. 153, §22 (AMD).]
32 M.R.S. § 16526 — ME Code / Title 32 / Chapter 135 / Section 16526
32 §16526. Conditions under which award of restitution assistance prohibited
Status: in_force

The administrator may not award restitution assistance if: [PL 2021, c. 576, §1 (NEW).]

1. Participating in or committing securities violation. The victim sustained the monetary injury primarily as a result of: A. Participating or assisting in a securities violation; or [PL 2021, c. 576, §1 (NEW).] B. Attempting to commit or committing a securities violation; [PL 2021, c. 576, §1 (NEW).] [PL 2021, c. 576, §1 (NEW).]

2. Profit from securities violation. The victim profited or would have profited from a securities violation; [PL 2021, c. 576, §1 (NEW).]

3. Previous restitution assistance. The victim has received restitution assistance under this subchapter in the previous 5 years; or [PL 2021, c. 576, §1 (NEW).]

4. Final order overturned. An award of restitution in a final order is overturned on appeal. [PL 2021, c. 576, §1 (NEW).]
32 M.R.S. § 15119 — ME Code / Title 32 / Chapter 131 / Section 15119
32 §15119. Powers of chief inspector
Status: in_force

The chief inspector may: [PL 1995, c. 560, Pt. H, §14 (NEW); PL 1995, c. 560, Pt. H, §17 (AFF).]

1. Free access to premises. Have free access for the chief inspector or a deputy or deputy inspectors during reasonable hours to any premises in the State where a boiler or pressure vessel is built or where a boiler or pressure vessel or power plant apparatus is being installed or operated, for the purpose of ascertaining whether the boiler or pressure vessel is built, installed and operated in accordance with this chapter; [PL 1999, c. 386, Pt. W, §29 (AMD).]

2. Inspection certificates. Issue, suspend and revoke inspection certificates allowing boilers or pressure vessels to be operated, as provided in sections 15115 and 15117 , and as provided in the Maine Administrative Procedure Act; [PL 2001, c. 573, Pt. A, §6 (AMD).]

3. Enforce laws and rules. Enforce the laws of the State governing the use of boilers and pressure vessels and enforce the rules of the director; and [PL 2013, c. 70, Pt. C, §33 (AMD).]

4. Examinations and certificates of competency. [PL 1999, c. 386, Pt. W, §29 (RP).]

5. Order uninspected or unrepaired boilers and pressure vessels out of service. In addition to the chief inspector's powers under section 15117 , order that a boiler or pressure vessel be taken out of service if an inspection report is not submitted to the chief inspector as required by section 15121, subsection 1 , if the inspection certificate fee is not submitted as required by section 15121, subsection 2 or if the owner fails to make repairs as required by the chief inspector. [PL 2013, c. 70, Pt. C, §34 (AMD).]
32 M.R.S. § 91-B — ME Code / Title 32 / Chapter 2-B / Section 91-B
32 §91-B. Confidentiality exceptions
Status: in_force

1. Confidentiality. Except as otherwise provided in this chapter, all proceedings and records of proceedings concerning the quality assurance activities of an emergency medical services quality assurance committee approved by the board and all reports, information and records provided to the committee are confidential and may not be disclosed or obtained by discovery from the committee, the board or its staff or the licensing board or its staff. Quality assurance information may be disclosed to a licensee as part of any board-approved educational or corrective process. All complaints and investigative records of the licensing board are confidential during the pendency of an investigation and may not be disclosed by the licensing board or its staff. Information or records that identify or permit identification of any patient that appears in any reports, information or records provided to the licensing board or department for the purposes of investigation are confidential and may not be disclosed by the licensing board or its staff. A. A personal residence address, personal telephone number or personal e-mail address submitted to the licensing board as part of any application under this chapter is confidential and may not be disclosed except as permitted under this section or as otherwise required by law unless the applicant who submitted the information indicated pursuant to section 90‑B that the applicant is willing to have the applicant's personal residence address, personal telephone number or personal e-mail address treated as a public record. Personal health information submitted to the licensing board as part of any application under this chapter is confidential and may not be disclosed except as otherwise permitted under this section or otherwise required by law. The licensing board and its staff may disclose personal health information about and the personal residence address and personal telephone number of a licensee or an applicant for a license under this chapter to a government licensing or disciplinary authority or to a health care provider located within or outside this State that requests the information for the purposes of granting, limiting or denying a license or employment to the applicant or licensee. [PL 2025, c. 491, §20 (AMD).] B. Any materials or information submitted to the licensing board in support of an application that are designated as confidential by any other provision of law remain confidential in the possession of the licensing board. Information in a report or record provided to the board or licensing board pursuant to this chapter that permits identification of a person receiving emergency medical treatment is confidential. [PL 2025, c. 491, §20 (AMD).] C. Information provided to the board or licensing board under section 87‑B is confidential if the information identifies or permits the identification of a trauma patient or a member of that patient's family. [PL 2025, c. 491, §20 (AMD).] D. Examination questions used by the licensing board to fulfill the cognitive testing requirements of this chapter are confidential. [PL 2025, c. 491, §20 (AMD).] E. Health care information or records provided to the board or licensing board under section 88, subsection 2, paragraph K are confidential if the information or records identify or permit the identification of a patient or a member of that patient's family. [PL 2025, c. 491, §20 (AMD).] F. Health care information or records provided to the board or licensing board under section 96 are confidential if the information or records identify or permit the identification of a patient who received emergency medical treatment or a member of that patient's family. [PL 2025, c. 491, §20 (AMD).] [PL 2025, c. 491, §20 (AMD).]

2. Exceptions. Information designated confidential under subsection 1 becomes a public record or may be released as provided in this subsection. A. Confidential information may be released in an adjudicatory hearing before the board or licensing board or in any subsequent formal proceeding to which the confidential information is relevant. [PL 2025, c. 491, §21 (AMD).] B. Confidential information may be released in a consent agreement or other written settlement when the confidential information constitutes or pertains to the basis of licensing board action. [PL 2025, c. 491, §22 (AMD).] C. Investigative records and complaints become public records upon the conclusion of an investigation unless confidentiality is required by some other provision of law. For purposes of this paragraph, an investigation is concluded when: (1) Notice of an adjudicatory proceeding, as defined under Title 5, chapter 375, subchapter 1 , has been issued; (2) A consent agreement has been executed; or (3) A letter of dismissal has been issued or the investigation has otherwise been closed. [PL 2011, c. 271, §19 (NEW).] D. During the pendency of an investigation, a complaint or investigative record may be disclosed: (1) To Maine Emergency Medical Services employees designated by the director; (2) To designated complaint officers of the licensing board; (3) By a Maine Emergency Medical Services employee or complaint officer designated by the licensing board to the extent considered necessary to facilitate the investigation; (4) To other state or federal agencies when the files contain evidence of possible violations of laws enforced by those agencies; (5) By the director, to the extent the director determines such disclosure necessary to avoid imminent and serious harm. The authority of the director to make such a disclosure may not be delegated; (6) When it is determined, in accordance with rules adopted by the board in consultation with the licensing board, that confidentiality is no longer warranted due to general public knowledge of the circumstances surrounding the complaint or investigation and when the investigation would not be prejudiced by the disclosure; or (7) To the person investigated on request of that person. The director may refuse to disclose part or all of any investigative information, including the fact of an investigation, when the director determines that disclosure would prejudice the investigation. The authority of the director to make such a determination may not be delegated. [PL 2025, c. 491, §23 (AMD).] E. Data collected by Maine Emergency Medical Services that allows identification of persons receiving emergency medical treatment may be released for purposes of research, regional medical control quality improvement plans, public health surveillance and linkage with patient electronic medical records if the release is approved by the board, the Medical Direction and Practices Board and the director. Information that specifically identifies individuals must be removed from the information disclosed pursuant to this paragraph, unless the board, the Medical Direction and Practices Board and the director determine that the release of such information is necessary for the purposes of the research, regional medical control quality improvement plans, public health surveillance or linkage with patient electronic medical records. [PL 2017, c. 373, §2 (AMD).] F. Confidential information may be released in accordance with an order issued on a finding of good cause by a court of competent jurisdiction. [PL 2011, c. 271, §19 (NEW).] G. Confidential information may be released to the Office of Chief Medical Examiner within the Office of the Attorney General. [PL 2017, c. 475, Pt. A, §51 (AMD).] H. Confidential information submitted to Maine Emergency Medical Services by any entity must be easily accessible by that entity in accordance with rules adopted by the board that enable compliance by the entity with federal and state laws regarding patient information privacy and access. [PL 2017, c. 373, §3 (NEW).] [PL 2025, c. 491, §§21-23 (AMD).]

3. Violation. A person who intentionally violates this section commits a civil violation for which a fine of not more than $1,000 may be adjudged. [PL 2011, c. 271, §19 (NEW).]
32 M.R.S. § 13275 — ME Code / Title 32 / Chapter 114 / Section 13275
32 §13275. Disclosed dual agent
Status: in_force

1. Consent agreement; disclosed dual agent. A real estate brokerage agency may act as a disclosed dual agent only with the informed written consent of all parties. Consent is presumed to be informed if the party signs an agreement that contains the following: A. A description of the transactions in which the real estate brokerage agency will serve as a disclosed dual agent; [PL 1993, c. 679, §1 (NEW).] B. A statement that, in serving as a disclosed dual agent, the real estate brokerage agency represents 2 clients whose interests are adverse and that the agency duties are limited; [PL 1993, c. 679, §1 (NEW).] C. A statement that the disclosed dual agent may disclose any information to one party that the disclosed dual agent gains from the other party if that information is relevant to the transaction, except: (1) The willingness or ability of the seller to accept less than the asking price; (2) The willingness or ability of the buyer to pay more than has been offered; (3) Confidential negotiating strategy not disclosed in the sales offer as terms of the sale; and (4) The motivation of the seller for selling and the motivation of the buyer for buying; [PL 2005, c. 378, §15 (AMD); PL 2005, c. 378, §29 (AFF).] D. A statement that the client may choose to consent or not consent to the disclosed dual agency; and [PL 1993, c. 679, §1 (NEW).] E. A statement that the consent of the client has been given voluntarily and that the agreement has been read and understood. [PL 1993, c. 679, §1 (NEW).] [PL 2005, c. 378, §15 (AMD); PL 2005, c. 378, §29 (AFF).]

2. Cause of action. A cause of action may not be brought on behalf of any person against a disclosed dual agent for making disclosures permitted or required by this subchapter and the disclosed dual agent does not terminate any client relationship by making disclosures permitted or required by this subchapter. [PL 2005, c. 378, §16 (AMD); PL 2005, c. 378, §29 (AFF).]

3. Actual knowledge; information. In a disclosed dual agent situation each client and the real estate brokerage agency and its affiliated licensees are considered to possess only actual knowledge and information. There is no imputation of knowledge or information by operation of law among or between the clients, the real estate brokerage agency or its affiliated licensees. [PL 1993, c. 679, §1 (NEW).]

4. Duty to parties. The duty of a disclosed dual agent to the client who is selling is the same as set forth in section 13273 , and the duty to the client who is buying is the same as set forth in section 13274 , except that: A. A disclosed dual agent may not promote the interests of one party to the detriment of the other party except as required to comply with this section; and [PL 2005, c. 378, §17 (NEW); PL 2005, c. 378, §29 (AFF).] B. A disclosed dual agent may disclose any information to one party that the disclosed dual agent gains from the other party if that information is relevant to the transaction, except: (1) The willingness or ability of the seller to accept less than the asking price; (2) The willingness or ability of the buyer to pay more than has been offered; (3) Confidential negotiating strategy not disclosed in the sales offer as terms of the sale; and (4) The motivation of the seller for selling and the motivation of the buyer for buying. [PL 2005, c. 378, §17 (NEW); PL 2005, c. 378, §29 (AFF).] [PL 2005, c. 378, §17 (NEW); PL 2005, c. 378, §29 (AFF).]
32 M.R.S. § 3296 — ME Code / Title 32 / Chapter 48 / Section 3296
32 §3296. Records of proceedings of medical staff review committees confidential
Status: in_force

All proceedings and records of proceedings concerning medical staff reviews, hospital reviews and other reviews of medical care conducted by committees of physicians and other health care personnel on behalf of hospitals located within the State or on behalf of individual physicians, when the reviews are required by state or federal law, rule or as a condition of accreditation by the Joint Commission on Accreditation of Hospitals or the American Osteopathic Association Committee on Hospital Accreditation or are conducted under the auspices of the state or county professional society to which the physician belongs, are confidential and are exempt from discovery. [PL 1993, c. 600, Pt. A, §223 (AMD).]

Provision of information protected by this section to the board pursuant to Title 24, section 2506 does not waive or otherwise affect the confidentiality of the records or the exemption from discovery provided by this section for any other purpose. [PL 1997, c. 271, §12 (NEW).]
32 M.R.S. § 1851 — ME Code / Title 32 / Chapter 27 / Section 1851
32 §1851. License required; fee; expiration and renewal
Status: in_force

No person within this State may manufacture or bottle for sale any beverage without first having filed with the Commissioner of Agriculture, Conservation and Forestry an application for a license accompanied with the fee specified in this section and having been issued a license to operate a beverage plant. Upon receipt of such application containing information required by the commissioner and being satisfied that the applicant has complied with this chapter and rules adopted under this chapter, the commissioner shall issue the applicant a license to manufacture and sell beverages. [PL 1993, c. 410, Pt. S, §4 (AMD); PL 2011, c. 657, Pt. W, §6 (REV).]

No person manufacturing or bottling any beverage outside of the State for retail sale within the State may sell or offer to sell the same within the State unless that person has made application and secured a license to sell beverages from the commissioner upon the payment of the fee specified in this section. The commissioner may issue a license to sell beverages manufactured or bottled outside of the State upon being satisfied from inspection by an inspector of the department or from a statement from the agency having enforcement of the beverage law in the state where the beverage establishment is located, that the establishment complies with the requirements of this chapter and rules adopted under this chapter, and upon the commissioner's approval of the establishment on the basis of the inspection or statement. [PL 1993, c. 410, Pt. S, §4 (AMD).]

Beginning August 1, 2000, each license or license renewal issued expires on the 31st day of December following the date of issuance or on the date provided by the provisions of the Maine Administrative Procedure Act as to license expiration, whichever date is later, unless sooner revoked as provided in section 1802 , and must be renewed annually thereafter subject always to such revocation. When an initial license is issued or when a license is renewed between August 1, 2000 and December 31, 2001, the license fee is prorated based on the number of months the license is valid and the annual license fee. [PL 1999, c. 598, §2 (AMD); PL 1999, c. 598, §3 (AFF).]

The fee for a license issued under this section is based on the number of persons employed by the manufacturer or bottler. The commissioner shall adopt rules to establish a schedule of fees for licenses issued under this subchapter. Fees must be appropriate to the size of the beverage plant. Notwithstanding Title 5, section 8071, subsection 3, paragraph B , rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 539, Pt. GGGG, §8 (AMD).]
32 M.R.S. § 4315 — ME Code / Title 32 / Chapter 63-A / Section 4315
32 §4315. Eligibility
Status: in_force

To be eligible for a license under this chapter a person must: [PL 1997, c. 383, §1 (NEW).]

1. Age. Be at least 18 years of age; [PL 1997, c. 383, §1 (NEW).]

2. High school diploma. Have a high school diploma or equivalent education; [PL 1997, c. 383, §1 (NEW).]

3. Additional training. Submit evidence of completion of education or training required by rules of the department under the direct supervision of a licensed micropigmentation practitioner; and [PL 1997, c. 383, §1 (NEW).]

4. Compliance. Demonstrate ability to comply with the rules of the department. [PL 1997, c. 383, §1 (NEW).]
32 M.R.S. § 16801 — ME Code / Title 32 / Chapter 135 / Section 16801
32 §16801. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2019, c. 17, §1 (NEW).]

1. Eligible adult. "Eligible adult" means: A. An individual 65 years of age or older; or [PL 2019, c. 17, §1 (NEW).] B. An individual protected under the Adult Protective Services Act. [PL 2019, c. 17, §1 (NEW).] [PL 2019, c. 17, §1 (NEW).]

2. Financial exploitation. "Financial exploitation" means: A. The wrongful or unauthorized taking, withholding, appropriation or use of money, assets or property of an eligible adult; or [PL 2019, c. 17, §1 (NEW).] B. Any act or omission made by a person, including through the use of a power of attorney, guardianship or conservatorship of an eligible adult, to: (1) Obtain control, through deception, intimidation or undue influence, over the eligible adult's money, assets or property to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property; or (2) Convert money, assets or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult's money, assets or property. [PL 2019, c. 17, §1 (NEW).] [PL 2019, c. 17, §1 (NEW).]

3. Qualified individual. "Qualified individual" means an agent, investment adviser representative or individual who serves in a supervisory, compliance or legal capacity for a broker-dealer or investment adviser. [PL 2019, c. 17, §1 (NEW).]
32 M.R.S. § 2201-A — ME Code / Title 32 / Chapter 31 / Section 2201-A
32 §2201-A. Qualifications for advanced practice registered nurse
Status: in_force

An applicant for approval to practice advanced practice registered nursing shall submit to the board written evidence verified by oath that the applicant: [PL 1995, c. 379, §7 (NEW); PL 1995, c. 379, §11 (AFF).]

1. License. Holds a current license to practice as a registered professional nurse in this State; [PL 1995, c. 379, §7 (NEW); PL 1995, c. 379, §11 (AFF).]

2. Education. Has successfully completed a formal education program that is acceptable to the board in an advanced nursing specialty area; and [PL 1995, c. 379, §7 (NEW); PL 1995, c. 379, §11 (AFF).]

3. Credential. Holds a current certification credential for advanced nursing from a national certifying body whose certification program is acceptable to the board. [PL 1995, c. 379, §7 (NEW); PL 1995, c. 379, §11 (AFF).]

A registered professional nurse who is approved by the board to practice in accordance with former section 2102, subsection 2, paragraph B on the effective date of this section is considered to have met the requirements of subsections 2 and 3 . [PL 1995, c. 379, §7 (NEW); PL 1995, c. 379, §11 (AFF).]
32 M.R.S. § 12275 — ME Code / Title 32 / Chapter 113 / Section 12275
32 §12275. Unlawful acts
Status: in_force

1. Issuance of reports. A person or firm not holding a valid license issued under this chapter may not issue a report, including reviews and compilations, on financial statements or on any attest service of any other person, firm, organization or governmental unit. This prohibition does not apply to the following: A. An officer, partner or employee of any firm or organization affixing that person's signature to any statement or report in reference to the financial affairs of that firm or organization with any wording designating the position, title or office that that person holds in the organization; [PL 2007, c. 402, Pt. Z, §24 (AMD).] B. Any act of a public official or employee in the performance of that person's duties as such; or [PL 2007, c. 402, Pt. Z, §24 (AMD).] C. The performance by any person of other services involving the use of accounting skills, including management advisory or consulting services, the preparation of tax returns, the furnishing of advice on tax matters and the preparation of financial statements without the issuance of reports. [PL 1987, c. 489, §2 (NEW).] [PL 2015, c. 110, §11 (AMD).]

2. Misuse of title; individual; certified public accountants. No person not licensed as a certified public accountant under this chapter may use or assume the title of "certified public accountant," the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the person is a certified public accountant. [PL 2009, c. 242, §30 (AMD).]

3. Use of title. A firm may not assume or use the title or designation "certified public accountant," the abbreviation "CPA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the firm is composed of certified public accountants, unless: A. The firm holds a valid license issued under section 12252 ; and [PL 2007, c. 402, Pt. Z, §24 (AMD).] B. A simple majority of all partners, officers, shareholders, members or managers of the firm are certified public accountants licensed in a state. [PL 2009, c. 242, §31 (AMD).] [PL 2009, c. 242, §31 (AMD).]

4. Misuse of title; public accountant. No person may assume or use the title or designation "public accountant," the abbreviation "PA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the person is a public accountant unless that person holds a valid public accountant license issued under former section 12251. [PL 2009, c. 242, §32 (AMD).]

5. Misuse of title; firm; public accountant. No firm not holding a valid license issued under section 12252 may assume or use the title or designation "public accountant," the abbreviation "PA" or any other title, designation, words, letters, abbreviation, sign, card or device indicating that the firm is composed of public accountants. [PL 2007, c. 402, Pt. Z, §24 (AMD).]

6. Similar titles prohibited. No person or firm not holding a valid license issued under this chapter may assume or use the title or designation "certified accountant," "chartered accountant," "enrolled accountant," "licensed accountant," "registered accountant," "accredited accountant" or any other title or designation likely to be confused with the titles "certified public accountant," "public accountant" or use any of the abbreviations "CA," "LA," "RA," "AA" or similar abbreviations likely to be confused with the abbreviations "CPA" or "PA," provided that a holder of a certificate who does not also hold a license may use the titles pertaining to that certificate in any manner not prohibited by rules adopted by the board under section 12214, subsection 4 . [PL 2009, c. 242, §33 (AMD).]

7. Similar designation prohibited. No person or firm not holding a valid license issued under this chapter may assume or use any title or designation that includes the words "auditor" or "auditing" in connection with any other language, including the language of a report, that implies that the person or firm holds such a license or has special competence as an auditor, except that this subsection does not prohibit any officer, partner or employee of any firm or organization from affixing that person's signature to any statement in reference to the financial affairs of that firm or organization with any wording designating the position, title or office that that person holds in the firm or organization or prohibit any act of a public official or employee in the performance of that person's duties. [PL 2009, c. 242, §34 (AMD).]

8. Unauthorized practice. No person holding a certificate may engage in the practice of public accountancy, unless that person also holds a valid license issued under this chapter. [PL 2009, c. 242, §35 (AMD).]

9. Form of firm. No person or firm holding a license may engage in the practice of public accountancy using a professional or firm name or designation that is misleading about the legal form of the firm, about the persons who are partners, officers or shareholders of the firm or about any other matter, except that the names of one or more former partners or shareholders may be included in the name of a firm or its successor. [PL 2007, c. 402, Pt. Z, §24 (AMD).]

10. Foreign practice. Subsections 1 to 11 do not apply to a person or firm holding a certificate, designation, degree or license granted in a foreign country entitling the holder to engage in the practice of public accountancy or its equivalent in that country, whose activities in this State are limited to the provision of professional services to persons or firms who are residents of, governments of or business entities of the country in which that person holds that entitlement, who issues no reports with respect to the attest service information of any other persons, firms or governmental units in this State, and who does not use in this State any title or designation other than the one under which that person practices in that country, followed by a translation of that title or designation into the English language, if it is in a different language and by the name of that country. [PL 2015, c. 110, §12 (AMD).]

11. Employees. Nothing in this chapter prohibits any person, not a certified public accountant or public accountant, from serving as an employee of, or an assistant to, a certified public accountant, public accountant, a firm of certified public accountants or of public accountants holding a license issued under this chapter, provided that the employee or assistant may not issue any accounting or financial statements over the employee's or assistant's name. [PL 2009, c. 242, §36 (AMD).]

12. Commissions; referral fees. A licensee, when performing for a client an attest service, may not receive a commission or a referral fee: A. For recommending or referring to a client any product or service; [PL 1999, c. 245, §12 (NEW).] B. For recommending or referring any product or service to be supplied by a client; or [PL 1999, c. 245, §12 (NEW).] C. As a consequence of a decision by a client to purchase or supply a particular product or service. [PL 1999, c. 245, §12 (NEW).] Notwithstanding paragraphs A , B and C , a licensee may receive a commission or a referral fee if the licensee's compilation report discloses in writing a lack of independence. This prohibition applies during the period in which the licensee is engaged to perform any of the attest services and the period covered by any historical financial statements involved in the attest services. A licensee who is not prohibited by this section from receiving a commission or a referral fee shall disclose in writing to any person or entity to whom the licensee recommends or refers a product or service to which the commission or referral fee relates the fact that the licensee has been paid or expects to be paid a commission or referral fee. [PL 2015, c. 110, §13 (AMD).]

13. Contingency fees. A licensee or a licensee's firm may not: A. When involved in providing for a client an attest service: (1) Perform for a contingent fee any services for a client; or (2) Receive a contingency fee from a client; or [PL 2015, c. 110, §13 (AMD).] B. Prepare an original or amended tax return or claim for a tax refund for a contingent fee. [PL 1999, c. 245, §12 (NEW).] Notwithstanding paragraph A , a licensee when providing an attest service may receive a contingency fee if the licensee's compilation report discloses in writing a lack of independence. The prohibitions apply during the period in which the licensee is engaged to perform any of the services listed in this section and the period covered by any historical financial statements involved in any of the listed services. As used in this subsection a "contingent fee" or "contingency fee" means a fee established for the performance of any service pursuant to an arrangement in which no fee is charged unless a specified finding or result is attained or in which the amount of the fee is otherwise dependent upon the finding or result of the service. For purposes of this subsection, fees are not regarded as being contingent if fixed by courts or other public authorities or, in tax matters, if determined based on the results of judicial proceedings or the findings of governmental agencies. A licensee's fees may vary depending on the complexity of services rendered. [PL 2015, c. 110, §13 (AMD).]

14. Substantial equivalency. For purposes of this section: A. An individual practicing as a certified public accountant without a license on the basis of substantial equivalency pursuant to section 12232 and complying with the restrictions on the scope of such a practice is equivalent to an individual licensed as a certified public accountant under section 12230 or 12231 or a corresponding provision of prior law, and each reference in this section to a licensed certified public accountant is deemed to include, on an equal basis, such an individual; [PL 2009, c. 242, §37 (AMD).] B. A firm in compliance with section 12252, subsection 1 must, for the purposes of this section, be deemed to hold a valid license issued under section 12252 ; and [PL 2009, c. 242, §37 (AMD).] C. Notwithstanding any other provision of this section, it is not a violation of this section for a firm that does not hold a valid license under section 12252 and that does not maintain an office in this State to use the title "CPA" or "Certified Public Accountants" as part of the firm's name and to provide professional services in this State, and licensees and individuals with practice privileges may provide services on behalf of such a firm if the firm complies with the requirements of section 12252, subsection 1, paragraph A , subparagraph (3) or section 12252, subsection 1, paragraph B or C , whichever is applicable. An individual or firm authorized under this paragraph to use practice privileges in this State shall comply with the requirements otherwise applicable to licensees under this section. [PL 2021, c. 68, §4 (AMD).] [PL 2021, c. 68, §4 (AMD).]
32 M.R.S. § 4861-A — ME Code / Title 32 / Chapter 71-A / Section 4861-A
32 §4861-A. Application for veterinary technician license; qualifications and examination
Status: in_force

In order to practice as a licensed veterinary technician in this State, a person must apply for a veterinary technician license by submitting a written application, paying the license fee as set under section 4863‑A and taking an examination for a license. In order to take the examination for a license, an applicant must: [PL 2015, c. 209, §15 (NEW).]

1. Education completed. Have completed a minimum of 2 years in a college program that is certified according to the standards adopted by the American Veterinary Medical Association's Committee on Veterinary Technician Education and Activities or an equivalent program, as determined by the board; or [PL 2015, c. 209, §15 (NEW).]

2. Within 6 months of completing education. Be within the final 6 months of professional study in a program of education for veterinary technology approved by the board or accredited by an accrediting organization approved by the board. Upon the request of the state veterinarian to the board for emergency situations as determined by the state veterinarian, a licensed veterinary technician may practice in the State for a period not to exceed 30 days without a state license. [PL 2015, c. 209, §15 (NEW).]
32 M.R.S. § 1373 — ME Code / Title 32 / Chapter 20 / Section 1373
32 §1373. Renewal
Status: in_force

The commissioner shall adopt rules governing the period of licensure and certification and conditions of renewal. [PL 1989, c. 247, §§2, 4 (NEW).]
32 M.R.S. § 18501 — ME Code / Title 32 / Chapter 145 / Section 18501
32 §18501. Short title
Status: in_force

This chapter may be known and cited as "the Interstate Medical Licensure Compact." [PL 2017, c. 253, §7 (NEW).]
32 M.R.S. § 18542 — ME Code / Title 32 / Chapter 145-A / Section 18542
32 §18542. 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 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. 670, §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 the United States, or the applicability of a phrase, clause, sentence or provision of this compact 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 of the compact to any other government, agency, person or circumstance may not be affected. [PL 2023, c. 670, §1 (NEW).]

3. Denial of participation. Notwithstanding subsections 1 and 2 , the commission may deny a state's participation in the compact or, in accordance with the requirements of section 18540 , terminate a participating state's participation in the compact if it determines that a constitutional requirement of a participating state is, or would be with respect to a state seeking to participate in the compact, 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. 670, §1 (NEW).]
32 M.R.S. § 13173 — ME Code / Title 32 / Chapter 114 / Section 13173
32 §13173. Agency license qualifications
Status: in_force

1. Designated broker. The owner or a duly authorized agency official shall hold a Maine real estate broker license and be designated by the agency to act for it in the conduct of real estate brokerage. [PL 1987, c. 395, Pt. A, §212 (NEW).]

2. Employees. Every person employed by or on behalf of the agency in the performance of real estate brokerage shall be properly licensed under this chapter. [PL 1987, c. 395, Pt. A, §212 (NEW).]

3. Reputation. The agency and its owner or principal officers, if previously engaged in any business, shall bear a good reputation for honesty, truthfulness, fair dealing and competency. [PL 1987, c. 395, Pt. A, §212 (NEW).]

4. Nonresidents. The following applies to nonresidents. A. Nonresident applicants shall hold a similar license in good standing and maintain an active place of business in its resident jurisdiction. [PL 1987, c. 395, Pt. A, §212 (NEW).] B. [PL 2013, c. 217, Pt. K, §6 (RP).] [PL 2013, c. 217, Pt. K, §6 (AMD).]

5. Place of business. Every agency holding an active license shall maintain a fixed and definite place of business where its designated broker and employees may be personally contacted without unreasonable delay. [PL 1987, c. 395, Pt. A, §212 (NEW).]

6. Branch office. Other locations that are advertised as locations where the public may contact the agency or its employees concerning brokerage services must be licensed as a branch office. [PL 2011, c. 286, Pt. J, §1 (AMD).]
32 M.R.S. § 1201-A — ME Code / Title 32 / Chapter 17 / Section 1201-A
32 §1201-A. Exceptions to licensing requirements
Status: in_force

All electrical installations must comply with the National Electrical Code that is in effect at the time of the installation. The licensing provisions of this chapter do not apply to the entities, persons and licensees enumerated in this section: [PL 2011, c. 286, Pt. F, §12 (NEW).]

1. Industrial plants. Industrial plants and regular employees of industrial plants making electrical installations in or about the industrial plant; [PL 2011, c. 286, Pt. F, §12 (NEW).]

2. Other properties of industrial and manufacturing plants. Other properties of industrial and manufacturing plants and regular employees of other properties of industrial or manufacturing plants making electrical installations in, on or about other properties, equipment or buildings, residential or of any other kind, owned or controlled by the operators of industrial or manufacturing plants, as long as such work is done under the supervision of an electrical engineer in the employ of the operator; [PL 2011, c. 286, Pt. F, §12 (NEW).]

3. Manufacturing plants. Manufacturing plants and regular employees of manufacturing plants making electrical installations in the manufacture, testing or repair of electrical equipment in the manufacturing plant; [PL 2011, c. 286, Pt. F, §12 (NEW).]

4. Low-energy installers. Individuals or employees installing telephone, cable and closed-circuit television, data transmission and sound equipment; [PL 2017, c. 198, §15 (AMD).]

5. Certain laboratories. A person making an installation in a suitable laboratory of exposed electrical wiring for experimental purposes only; [PL 2011, c. 286, Pt. F, §12 (NEW).]

6. Elevator mechanics. A person licensed under chapter 133 subject to the restrictions of the license as issued; [PL 2011, c. 286, Pt. F, §12 (NEW).]

7. Oil burner technicians. A person licensed under chapter 139 subject to the restrictions of the license as issued; [PL 2011, c. 286, Pt. F, §12 (NEW).]

8. Propane and natural gas installers. A person licensed under chapter 139 , when installing propane and natural gas utilization equipment, subject to the restrictions of that person's license; [PL 2011, c. 286, Pt. F, §12 (NEW).]

9. Plumbers. A person licensed under chapter 49 , except that this exemption applies only to disconnection and connection of electrical conductors required in the replacement of water pumps and water heaters of the same or smaller size in residential properties; [PL 2011, c. 286, Pt. F, §12 (NEW).]

10. Pump installers. A person licensed under chapter 69‑C , except that this exception applies only to disconnection and connection of electrical conductors required in the replacement of water pumps of the same or smaller size in residential properties and the installation of new water pumps and associated equipment of 3 horsepower or smaller; [PL 2011, c. 691, Pt. A, §34 (AMD).]

11. Wastewater treatment plants. Wastewater treatment plants, as defined in section 4171 , and regular employees of wastewater treatment plants making electrical installations in or about wastewater treatment plants; [PL 2025, c. 88, §2 (AMD).]

12. Incidental work. Regular employees of an owner or a lessee of real property doing incidental electrical work on that property or incidental electrical work by a person whose occupation involves miscellaneous jobs of manual labor. For purposes of this subsection, "incidental electrical work'' means minor electrical work, limited to light fixtures and switches, that occurs by chance and that does not require electrical installation calculations; or [PL 2025, c. 88, §3 (AMD).]

13. Personal abode. Notwithstanding the requirements set forth in section 1102‑D for electrical installations in newly constructed single-family dwellings, a person making electrical installations in an existing single-family dwelling occupied and owned by that person, as long as the installation conforms with the standards of the National Electrical Code or other standards approved by the board. [PL 2025, c. 88, §4 (NEW).]
32 M.R.S. § 15229 — ME Code / Title 32 / Chapter 133 / Section 15229
32 §15229. Duties of owners of elevators or tramways
Status: in_force

1. Owner responsibility. The responsibility for design, construction, maintenance and inspection of an elevator or tramway rests with the person, firm, partnership, association, corporation or company that owns the elevator or tramway. [PL 2001, c. 573, Pt. B, §35 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]

2. Obtain inspection certificate. The owner of an elevator or tramway shall submit an annual application for an annual inspection certificate together with the inspection report within 30 business days of the inspection and prior to the expiration of the current certificate. The application must be on a form provided by the director and must be accompanied by the required fee set by the director under section 15225‑A . A late fee set by the director under section 15225‑A may be assessed for failure to submit the application and inspection report in a timely manner. [PL 2013, c. 70, Pt. D, §36 (AMD).]

3. Failure to qualify for inspection certificate. The owner of an elevator or tramway that does not qualify for an inspection certificate shall take the elevator or tramway out of operation until the required repairs have been made and a new inspection certificate has been issued. [PL 2001, c. 573, Pt. B, §35 (NEW); PL 2001, c. 573, Pt. B, §36 (AFF).]

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

5. Elevator or tramway declared idle or placed out of service. The owner of an elevator or tramway that has been declared idle or placed out of service in accordance with rules adopted by the director shall notify the director within 30 days of declaring the elevator or tramway idle. [PL 2013, c. 70, Pt. D, §36 (AMD).]

6. Removal. The owner of an elevator or tramway shall notify the director within 30 days of the removal of the elevator or tramway. [PL 2013, c. 70, Pt. D, §36 (AMD).]

7. Change of ownership. The owner of record of an elevator or tramway shall notify the director of a transfer of ownership of an elevator within 30 days of such transfer. The new owner shall apply, on a form provided by the director, for a new inspection certificate that will be issued without the need for an additional inspection for the remainder of the term of the current certificate. A fee for issuance of a new inspection certificate may be set by the director under section 15225‑A . [PL 2013, c. 70, Pt. D, §36 (AMD).]

8. Failure to comply. In addition to the remedies available under this chapter, an owner 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 elevator or tramway 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. D, §36 (AMD).]
32 M.R.S. § 16410 — ME Code / Title 32 / Chapter 135 / Section 16410
32 §16410. Filing fees
Status: in_force

1. Fees established by administrator. The administrator shall establish by rule fees in accordance with the following: A. A fee not to exceed $500 for an application for licensing as a broker-dealer and renewal of licensing as a broker-dealer. If the filing results in a denial or withdrawal, the administrator shall retain the fee; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A fee not to exceed $200 for an application for licensing as an agent and renewal of licensing as an agent. If the filing results in a denial or withdrawal, the administrator shall retain the fee; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A fee not to exceed $500 for an application for licensing as an investment adviser and renewal of licensing as an investment adviser. If the filing results in a denial or withdrawal, the administrator shall retain the fee; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. A fee not to exceed $200 for an application for licensing as an investment adviser representative and renewal of licensing as an investment adviser representative. If the filing results in a denial or withdrawal, the administrator shall retain the fee; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. An amount not to exceed $500 for an initial fee and annual notice fee for a federal covered investment adviser required to file a notice under section 16405 . If the filing results in a withdrawal, the administrator shall retain the fee; and [PL 2005, c. 65, Pt. A, §2 (NEW).] F. An amount not to exceed $200 for an initial fee and annual renewal fee for each branch office in this State. If the filing results in a withdrawal, the administrator shall retain the fee. For purposes of this paragraph, "branch office" means any office of a broker-dealer or investment adviser located in this State, other than the principal place of business of the broker-dealer or investment adviser. Only one branch office fee is due if an office is a branch office of both a broker-dealer and an investment adviser affiliated by direct or indirect common control. [RR 2009, c. 2, §91 (COR).] [RR 2009, c. 2, §91 (COR).]

2. Payment. A person required to pay a filing or notice fee under this section may transmit the fee through or to a designee as a rule or order provides under this chapter. [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Active duty renewal fee waiver. The administrator may waive the renewal fee under subsection 1, paragraph B or D for a licensed agent or investment adviser representative who is a member of the National Guard or the Reserves of the United States Armed Forces under an order to active duty for a period of more than 30 days. [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Rulemaking. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 3833 — ME Code / Title 32 / Chapter 56 / Section 3833
32 §3833. Application and examination fees
Status: in_force

An application fee under section 3833‑A and an examination fee may be established by the director under section 3833‑A . No part of these fees is returnable under any circumstances other than failure of the board to hold examinations at the time originally announced. The examination fee only may be returned at the option of the candidate if the examination is not held at the time originally announced. [PL 2001, c. 323, §23 (AMD).]
32 M.R.S. § 6170 — ME Code / Title 32 / Chapter 80 / Section 6170
32 §6170. Implementation, administrative authority and enforcement
Status: in_force

The implementation, administrative authority and enforcement provisions of sections 6078 , 6079 and 6100‑X to 6100‑EE apply to this subchapter. [PL 2025, c. 285, §2 (NEW).]
32 M.R.S. § 17502 — ME Code / Title 32 / Chapter 137 / Section 17502
32 §17502. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 310, §1 (NEW).]

1. Active duty military. "Active duty military" means full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserve on active duty orders pursuant to 10 United States Code, Chapter 1209 and 10 United States Code, Chapter 1211. [PL 2023, c. 310, §1 (NEW).]

2. Adverse action. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against an audiologist or speech-language pathologist, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice. [PL 2023, c. 310, §1 (NEW).]

3. Alternative program. "Alternative program" means a nondisciplinary monitoring process approved by an audiology or speech-language pathology licensing board to address impaired practitioners. [PL 2023, c. 310, §1 (NEW).]

4. Audiologist. "Audiologist" means an individual who is licensed by a state to practice audiology. [PL 2023, c. 310, §1 (NEW).]

5. Audiology. "Audiology" means the care and services provided by a licensed audiologist as set forth in the member state's statutes and rules. [PL 2023, c. 310, §1 (NEW).]

6. Audiology and Speech-Language Pathology Compact Commission. "Audiology and Speech-Language Pathology Compact Commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact. [PL 2023, c. 310, §1 (NEW).]

7. Audiology and speech-language pathology licensing board. "Audiology and speech-language pathology licensing board," "audiology licensing board," "speech-language pathology licensing board" or "licensing board" means the agency of a state that is responsible for the licensing and regulation of audiologists and speech-language pathologists. [PL 2023, c. 310, §1 (NEW).]

8. Client. "Client" means a recipient of audiology or speech-language pathology services. [PL 2023, c. 310, §1 (NEW).]

9. Compact privilege. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another member state to practice as an audiologist or speech-language pathologist in the remote state under its laws and rules. The practice of audiology or speech-language pathology occurs in the member state where the patient, client or student is located at the time of the patient, client or student encounter. [PL 2023, c. 310, §1 (NEW).]

10. Current significant investigative information. "Current significant investigative information" means investigative information that a licensing board, after an inquiry or investigation that includes notification and an opportunity for the audiologist or speech-language pathologist to respond, if required by state law, has reason to believe is not groundless and, if proved true, would indicate more than a minor infraction. [PL 2023, c. 310, §1 (NEW).]

11. Data system. "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, compact privilege and adverse action. [PL 2023, c. 310, §1 (NEW).]

12. Encumbered license. "Encumbered license" means a license in which an adverse action restricts the practice of audiology or speech-language pathology by the licensee and the adverse action has been reported to the National Practitioners Data Bank. [PL 2023, c. 310, §1 (NEW).]

13. Executive committee. "Executive committee" means a group of members elected or appointed to act on behalf of, and within the powers granted to them by, the commission. [PL 2023, c. 310, §1 (NEW).]

14. Home state. "Home state" means the member state that is the licensee's primary state of residence. [PL 2023, c. 310, §1 (NEW).]

15. Impaired practitioner. "Impaired practitioner" means an individual whose professional practice is adversely affected by substance use disorder, addiction or other health-related conditions. [PL 2023, c. 310, §1 (NEW).]

16. Licensee. "Licensee" means an individual who currently holds an authorization from the state licensing board to practice as an audiologist or speech-language pathologist. [PL 2023, c. 310, §1 (NEW).]

17. Member state. "Member state" means a state that has enacted the compact. [PL 2023, c. 310, §1 (NEW).]

18. Privilege to practice. "Privilege to practice" means a legal authorization permitting the practice of audiology or speech-language pathology in a remote state. [PL 2023, c. 310, §1 (NEW).]

19. Remote state. "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the compact privilege. [PL 2023, c. 310, §1 (NEW).]

20. Rule. "Rule" means a regulation, principle or directive promulgated by the commission that has the force of law. [PL 2023, c. 310, §1 (NEW).]

21. Single-state license. "Single-state license" means an audiology or speech-language pathology license issued by a member state that authorizes practice only within the issuing state and does not include a privilege to practice in any other member state. [PL 2023, c. 310, §1 (NEW).]

22. Speech-language pathologist. "Speech-language pathologist" means an individual who is licensed by a state to practice speech-language pathology. [PL 2023, c. 310, §1 (NEW).]

23. Speech-language pathology. "Speech-language pathology" means the care and services provided by a licensed speech-language pathologist as set forth in the member state's statutes and rules. [PL 2023, c. 310, §1 (NEW).]

24. State. "State" means any state, commonwealth, district or territory of the United States of America that regulates the practice of audiology and speech-language pathology. [PL 2023, c. 310, §1 (NEW).]

25. State practice laws. "State practice laws" means a member state's laws, rules and regulations that govern the practice of audiology or speech-language pathology, define the scope of audiology or speech-language pathology practice and create the methods and grounds for imposing discipline. [PL 2023, c. 310, §1 (NEW).]

26. Telehealth. "Telehealth" means the application of telecommunications technology to deliver audiology or speech-language pathology services at a distance for assessment, intervention or consultation. [PL 2023, c. 310, §1 (NEW).]
32 M.R.S. § 14226-A — ME Code / Title 32 / Chapter 126 / Section 14226-A
32 §14226-A. Qualifications; hair designer
Status: in_force

A person is eligible to obtain a license under this chapter for the practice of hair design if that person: [PL 2019, c. 373, §29 (NEW).]

1. Training. Has satisfactorily completed a course of instruction in the practice of hair design of 1,200 hours in not less than 7 months in a school licensed by the director or has experience in the practice of hair design as a trainee of 2,000 hours distributed over a period of at least 12 months; and [PL 2019, c. 373, §29 (NEW).]

2. Examination. Has passed an approved examination. [PL 2019, c. 373, §29 (NEW).]