32 M.R.S. § 3850 — ME Code / Title 32 / Chapter 56 / Section 3850
32 §3850. Establishment of the Psychology Interjurisdictional Compact Commission - Article 10
Status: in_force

1. Commission established. The compact states hereby create and establish a joint public agency known as the Psychology Interjurisdictional Compact Commission. A. The commission is a body politic and an instrumentality of the compact states. [PL 2021, c. 331, §1 (NEW).] B. Venue is proper and judicial proceedings by or against the commission must be brought solely and exclusively in a court of competent jurisdiction where the principal office of the commission is located. The commission may waive venue and jurisdictional defenses to the extent it adopts or consents to participate in alternative dispute resolution proceedings. [PL 2021, c. 331, §1 (NEW).] C. Nothing in this compact may be construed to be a waiver of sovereign immunity. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

2. Membership, voting and meetings. The commission must consist of one voting representative appointed by each compact state who serves as that state's commissioner. The state psychology regulatory authority shall appoint its delegate. This delegate is empowered to act on behalf of the compact state. A. This delegate must be limited to: (1) An executive director, executive secretary or similar executive; (2) A current member of the state psychology regulatory authority of a compact state; or (3) A designee empowered with the appropriate delegate authority to act on behalf of the compact state. [PL 2021, c. 331, §1 (NEW).] B. Any commissioner may be removed or suspended from office as provided by the law of the state from which the commissioner is appointed. Any vacancy occurring in the commission must be filled in accordance with the laws of the compact state in which the vacancy exists. [PL 2021, c. 331, §1 (NEW).] C. Each commissioner is entitled to one vote with regard to the promulgation of rules and creation of bylaws and must otherwise have an opportunity to participate in the business and affairs of the commission. A commissioner shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for commissioners' participation in meetings by telephone or other means of communication. [PL 2021, c. 331, §1 (NEW).] D. The commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in the bylaws. [PL 2021, c. 331, §1 (NEW).] E. 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 3850‑A . [RR 2021, c. 1, Pt. A, §33 (COR).] F. The commission may convene in a closed, nonpublic meeting if the commission must discuss: (1) Noncompliance of a compact state with its obligations under the compact; (2) Employment, compensation, discipline or other personnel 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 against the commission; (4) The negotiation of contracts for the purchase or sale of goods, services or real estate; (5) An accusation against 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 investigatory records compiled for law enforcement purposes; (9) Disclosure of information related to any investigatory reports prepared by or on behalf of or for use by the commission or other committee charged with responsibility for investigation or determination of compliance issues pursuant to the compact; or (10) Matters specifically exempted from disclosure by federal and state statute. [PL 2021, c. 331, §1 (NEW).] G. If a meeting, or portion of a meeting, is closed pursuant to paragraph F , the commission's legal counsel or designee shall certify that the meeting may be closed and must reference each relevant subparagraph in paragraph F . 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 of any person participating in the meeting, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action must be identified in such minutes. All minutes and documents of a closed meeting must remain under seal, subject to release only by a majority vote of the commission or by order of a court of competent jurisdiction. [PL 2021, c. 331, §1 (NEW).] [RR 2021, c. 1, Pt. A, §33 (COR).]

3. Bylaws. The commission shall, by a majority vote of the commissioners, prescribe bylaws and rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of the compact, including but not limited to: A. Establishing the fiscal year of the commission; [PL 2021, c. 331, §1 (NEW).] B. Providing reasonable standards and procedures: (1) For the establishment and meetings of other committees; and (2) Governing any general or specific delegation of any authority or function of the commission; [PL 2021, c. 331, §1 (NEW).] C. Providing reasonable procedures for calling and conducting meetings of the commission, ensuring reasonable advance notice of all meetings and providing an opportunity for attendance of such meetings by interested parties, with enumerated exceptions designed to protect the public's interest, the privacy of individuals attending such proceedings and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the commissioners vote to close a meeting to the public in whole or in part. As soon as practicable, the commission shall make public a copy of the vote to close the meeting, revealing the vote of each commissioner with no proxy votes allowed; [PL 2021, c. 331, §1 (NEW).] D. Establishing the titles, duties, authority and reasonable procedures for the election of the officers of the commission; [PL 2021, c. 331, §1 (NEW).] E. Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the commission. Notwithstanding any civil service or other similar law of any compact state, the bylaws must exclusively govern the personnel policies and programs of the commission; [PL 2021, c. 331, §1 (NEW).] F. Promulgating a code of ethics to address permissible and prohibited activities of commission members and employees; [PL 2021, c. 331, §1 (NEW).] G. Providing a mechanism for concluding the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of the compact after the payment or reserving of all of its debts and obligations; [PL 2021, c. 331, §1 (NEW).] H. Publishing its bylaws in a convenient form and filing a copy thereof and a copy of any amendment thereto with the appropriate agency or officer in each of the compact states; [PL 2021, c. 331, §1 (NEW).] I. Maintaining its financial records in accordance with the bylaws; and [PL 2021, c. 331, §1 (NEW).] J. Meeting and taking such actions as are consistent with the provisions of this compact and the bylaws. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

4. Powers of commission. The commission has the following powers: A. To promulgate uniform rules to facilitate and coordinate implementation and administration of this compact. The rules have the force and effect of law and are binding in all compact states; [PL 2021, c. 331, §1 (NEW).] B. To bring and prosecute legal proceedings or actions in the name of the commission, as long as the standing of any state psychology regulatory authority or other regulatory body responsible for psychology licensure to sue or be sued under applicable law is not affected; [PL 2021, c. 331, §1 (NEW).] C. To purchase and maintain insurance and bonds; [PL 2021, c. 331, §1 (NEW).] D. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a compact state; [PL 2021, c. 331, §1 (NEW).] E. To hire employees, elect or appoint officers, fix compensation, define duties, grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; [PL 2021, c. 331, §1 (NEW).] F. To accept any appropriate donations and grants of money, equipment, supplies, materials and services and to receive, utilize and dispose of the same, as long as at all times the commission strives to avoid any appearance of impropriety or conflict of interest; [PL 2021, c. 331, §1 (NEW).] G. To lease, purchase, accept appropriate gifts or donations of or otherwise to own, hold, improve or use any property, real, personal or mixed, as long as at all times the commission strives to avoid any appearance of impropriety; [PL 2021, c. 331, §1 (NEW).] H. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2021, c. 331, §1 (NEW).] I. To establish a budget and make expenditures; [PL 2021, c. 331, §1 (NEW).] J. To borrow money; [PL 2021, c. 331, §1 (NEW).] K. To appoint committees, including advisory committees, composed of members, state regulators, state legislators or their representatives, consumer representatives and such other interested persons as may be designated in this compact and the bylaws; [PL 2021, c. 331, §1 (NEW).] L. To provide and receive information from, and to cooperate with, law enforcement agencies; [PL 2021, c. 331, §1 (NEW).] M. To adopt and use an official seal; and [PL 2021, c. 331, §1 (NEW).] N. To perform other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of psychology licensure, temporary in-person, face-to-face practice and telepsychology practice. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

5. Executive board. The elected officers shall serve as the executive board, which has the power to act on behalf of the commission according to the terms of this compact. A. The executive board is composed of 6 members: (1) Five voting members who are elected from the current membership of the commission by the commission; and (2) One ex officio, nonvoting member from the Association of State and Provincial Psychology Boards. [PL 2021, c. 331, §1 (NEW).] B. The ex officio member must have served as staff or been a member of a state psychology regulatory authority and is selected by the member's respective organization. [PL 2021, c. 331, §1 (NEW).] C. The commission may remove any member of the executive board as provided in the bylaws. [PL 2021, c. 331, §1 (NEW).] D. The executive board shall meet at least annually. [PL 2021, c. 331, §1 (NEW).] E. The executive board has the following duties and responsibilities: (1) To recommend to the entire commission changes to the rules or bylaws, this compact, fees paid by compact states such as annual dues and any other applicable fees; (2) To ensure compact administration services are appropriately provided, contractual or otherwise; (3) To prepare and recommend the budget; (4) To maintain financial records on behalf of the commission; (5) To monitor compact compliance of member states and provide compliance reports to the commission; (6) To establish additional committees as necessary; and (7) To perform other duties as provided in the rules or bylaws. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

6. Financing of commission. The commission shall pay or provide for the payment of the reasonable expenses of its establishment, organization and ongoing activities. A. The commission may accept any appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. [PL 2021, c. 331, §1 (NEW).] B. The commission may levy and collect an annual assessment from each compact state or impose fees on other parties to cover the cost of the operations and activities of the commission and its staff, which must be in a total amount sufficient to cover its annual budget as approved each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which must promulgate a rule binding upon all compact states. [PL 2021, c. 331, §1 (NEW).] C. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the same. The commission may not pledge the credit of any of the compact states, except by and with the authority of the compact state. [PL 2021, c. 331, §1 (NEW).] D. 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. All receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

7. Qualified immunity, defense and indemnification. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred or that the person against whom the claim is made had a reasonable basis for believing the alleged act, error or omission occurred within the scope of commission employment, duties or responsibilities. Nothing in this subsection may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. A. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or that the person against whom the claim is made had a reasonable basis for believing the alleged act, error or omission occurred within the scope of commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from that person's intentional, willful or wanton misconduct. Nothing in this paragraph may be construed to prohibit that person from retaining separate counsel. [PL 2021, c. 331, §1 (NEW).] B. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities or that such person had a reasonable basis for believing the alleged act, error or omission occurred within the scope of commission employment, duties or responsibilities if the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]
32 M.R.S. § 12501 — ME Code / Title 32 / Chapter 113-B / Section 12501
32 §12501. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1995, c. 671, §13 (NEW).]

1. Acupuncture. "Acupuncture" means the insertion of fine metal needles through the skin at specific points on or near the surface of the body with or without the palpation of specific points on the body and with or without the application of electric current or heat to the needles or skin, or both. The practice of acupuncture is based on traditional oriental theories and serves to normalize physiological function, treat certain diseases and dysfunctions of the body, prevent or modify the perception of pain and promote health and well-being. [PL 2003, c. 666, §1 (AMD).]

1-A. Accreditation commission for midwifery education. "Accreditation commission for midwifery education" means the United States Department of Education-recognized commission approved in rules adopted by the board that provides accreditation, pre-accreditation of certificate, graduate and precertification programs that meet the national college of nurse midwives core competencies for midwifery practice. [PL 2015, c. 502, §1 (NEW).]

1-B. Acupuncture detoxification specialist "Acupuncture detoxification specialist" means an individual licensed under this chapter to practice auricular acupuncture detoxification. [PL 2019, c. 269, §1 (NEW).]

2. Acupuncture intern. "Acupuncture intern" means an acupuncture student enrolled in an acupuncture internship program approved by the board that involves practical training, including needle insertion on human subjects. [PL 1995, c. 671, §13 (NEW).]

3. Approved naturopathic medical college. "Approved naturopathic medical college" means a college or program granting the degree of doctor of naturopathic medicine or doctor of naturopathy approved by the board that: A. Is accredited by an accrediting agency recognized by the Federal Government; or [PL 1995, c. 671, §13 (NEW).] B. Is a candidate for accreditation with such an agency. [PL 1995, c. 671, §13 (NEW).] [PL 1995, c. 671, §13 (NEW).]

4. Board. "Board" means the Board of Complementary Health Care Providers. [PL 1995, c. 671, §13 (NEW).]

4-A. Certified midwife. "Certified midwife" means an individual who holds a current and valid national certification as a certified midwife from the national midwifery certification board and is licensed under this chapter to practice midwifery. [PL 2015, c. 502, §2 (NEW).]

4-B. Certified professional midwife. "Certified professional midwife" means an individual who holds a current and valid national certification as a certified professional midwife from the national registry of midwives and is licensed under this chapter and practices midwifery. [PL 2015, c. 502, §2 (NEW).]

5. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [PL 1995, c. 671, §13 (NEW).]

5-A. Department. "Department" means the Department of Professional and Financial Regulation. [PL 2015, c. 502, §3 (NEW).]

6. Homeopathic preparation. "Homeopathic preparation" means medicine prepared according to the "Homeopathic Pharmacopoeia of the United States Revised Service" (Nov. 1995). [PL 1995, c. 671, §13 (NEW).]

6-A. International confederation of midwives. "International confederation of midwives" means a nongovernmental organization, approved in rules adopted by the board, representing midwives and midwifery associations that authors international standards for education and essential competencies for practice. [PL 2015, c. 502, §4 (NEW).]

6-B. Midwife. "Midwife" means a person who practices midwifery. [PL 2015, c. 502, §4 (NEW).]

6-C. Midwifery. "Midwifery" means providing primary health or maternity care to women and infants. "Midwifery" includes consultation with or referral to medical and other health care providers when indicated by client health care needs. [PL 2015, c. 502, §4 (NEW).]

6-D. Midwifery bridge certificate. "Midwifery bridge certificate" means a certificate issued by the national registry of midwives that documents completion of accredited continuing education for certified professional midwives based upon identified areas to address education in emergency skills and other competencies set by the international confederation of midwives. [PL 2015, c. 502, §4 (NEW).]

6-E. Midwifery education accreditation council. "Midwifery education accreditation council" means the United States Department of Education-recognized commission that provides accreditation for programs and institutions that meet the national midwives alliance core competencies, the international confederation of midwives competencies and the national registry of midwives skills and standards for basic midwifery practice. [PL 2015, c. 502, §4 (NEW).]

6-F. National association of certified professional midwives. "National association of certified professional midwives" means the national professional and standard-setting association for certified professional midwives approved in rules adopted by the board. [PL 2015, c. 502, §4 (NEW).]

6-G. National college of nurse midwives. "National college of nurse midwives" means the national professional and standard-setting organization for midwives certified by the national midwifery certification board. [PL 2015, c. 502, §4 (NEW).]

6-H. National midwifery certification board. "National midwifery certification board" means the national certifying body, approved in rules adopted by the board, for candidates in midwifery who have received graduate-level education in programs accredited by the accreditation commission for midwifery education. [PL 2015, c. 502, §4 (NEW).]

6-I. National midwives alliance. "National midwives alliance" means the national midwifery organization, approved in rules adopted by the board, that has articulated core competencies for midwives. [PL 2015, c. 502, §4 (NEW).]

6-J. National registry of midwives. "National registry of midwives" means the organization that sets national standards for the certified professional midwife credential approved in rules adopted by the board. [PL 2015, c. 502, §4 (NEW).]

6-K. National acupuncture detoxification association. "National acupuncture detoxification association" means the national organization that provides training in auricular acupuncture detoxification, as specified in rules by the board. [PL 2019, c. 269, §2 (NEW).]

7. Natural antibiotics. "Natural antibiotics" means antimicrobial, antifungal and antiprotozoal agents that are naturally occurring substances or are manufactured substances that are substantially identical to those naturally occurring substances. [PL 1995, c. 671, §13 (NEW).]

8. Naturopathic acupuncture. "Naturopathic acupuncture" means the insertion of acupuncture needles into specific points on the skin to treat human disease and impairment and to relieve pain. The practice of naturopathic acupuncture is only within the scope of practice of naturopathic doctors certified pursuant to section 12525 . [PL 1995, c. 671, §13 (NEW).]

9. Naturopathic doctor. "Naturopathic doctor" means a person authorized and licensed to practice naturopathic medicine under this chapter. [PL 1995, c. 671, §13 (NEW).]

10. Naturopathic manipulative therapy. "Naturopathic manipulative therapy" means the manually administered or mechanical treatment of body structures or tissues in accordance with naturopathic principles for the purpose of restoring normal physiological function to the body by normalizing and balancing the musculoskeletal system of the body. [PL 1995, c. 671, §13 (NEW).]

11. Naturopathic medicine. "Naturopathic medicine" means a system of health care for the prevention, diagnosis and treatment of human health conditions, injuries and diseases that uses education, natural medicines and therapies to support and stimulate the individual's intrinsic self-healing processes. [PL 1995, c. 671, §13 (NEW).]

12. Naturopathic physical medicine. "Naturopathic physical medicine" means the therapeutic use of physical agents of air, water, heat, cold, sound, light and electromagnetic nonionizing radiation and the physical modalities of electrotherapy, diathermy, ultraviolet light, ultrasound, hydrotherapy, naturopathic manipulative therapy, therapeutic exercise and acupuncture if the provider is certified pursuant to section 12525, subsection 3 . [PL 1995, c. 671, §13 (NEW).]

13. Office procedures. "Office procedures" means methods for the repair and care incidental to superficial lacerations and abrasions, superficial lesions and the removal of foreign bodies located in the superficial tissues. The use of antiseptics and local anesthetics in connection with these methods is permitted. The use of general, regional or spinal anesthetics, major surgery, surgery of the body cavities or specialized surgeries such as plastic surgery, surgery involving the eye or surgery when tendons are involved is not permitted. [PL 1995, c. 671, §13 (NEW).]

14. Person. "Person" means any individual, firm, partnership, corporation or other association or organization. [PL 1995, c. 671, §13 (NEW).]

14-A. Qualified midwife preceptor. "Qualified midwife preceptor" means a licensed and experienced midwife, or other health professional licensed in this State, who participates in the clinical education of individuals enrolled in a midwifery education program accredited by the midwifery education accreditation council or accreditation commission for midwifery education and who meets the criteria for midwife preceptors set forth by the organization. [PL 2015, c. 502, §5 (NEW).]

15. Topical medicine. "Topical medicine" means topical analgesics, anesthetics, antiseptics, scabicides, antifungals and antibacterials. [PL 1995, c. 671, §13 (NEW).]
32 M.R.S. § 7026 — ME Code / Title 32 / Chapter 83 / Section 7026
32 §7026. State Board of Social Worker Licensure
Status: in_force

The State Board of Social Worker Licensure, as established by Title 5, section 12004‑A, subsection 38 , within the Department of Professional and Financial Regulation, shall administer this chapter. The board consists of 7 members appointed by the Governor. Five members of the board must be licensed clinical social workers or licensed master social workers and there must be 2 public members as defined in Title 5, section 12004‑A . In addition, board members must meet the qualifications required under section 7027 . [PL 2013, c. 424, Pt. B, §12 (AMD).]

Appointments are for 3-year terms. Appointments of members must comply with Title 10, section 8009 . [PL 2007, c. 402, Pt. V, §4 (AMD).]
32 M.R.S. § 11013 — ME Code / Title 32 / Chapter 109-A / Section 11013
32 §11013. Prohibited practices
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

1. Harassment or abuse. A debt collector may not engage in any conduct, the natural consequence of which is to harass, oppress or abuse any person in connection with the collection of a debt. Without limiting the general application of this subsection, the following conduct is a violation of this section: A. The use or threat of use of violence or other criminal means to harm the physical person, reputation or property of any person; [PL 1985, c. 702, §2 (NEW).] B. The use of obscene or profane language, or language the natural consequence of which is to abuse the hearer or reader; [PL 1985, c. 702, §2 (NEW).] C. The publication of a list of consumers who allegedly refuse to pay debts, except to a consumer reporting agency or to persons meeting the requirements of Title 10, chapter 209‑B ; [PL 2013, c. 588, Pt. C, §16 (AMD).] D. The advertisement for sale of any debt to coerce payment of the debt; [PL 1985, c. 702, §2 (NEW).] E. Causing a telephone to ring or engaging any person in telephone conversation repeatedly or continuously with intent to annoy, abuse or harass any person at the called number; [PL 1985, c. 702, §2 (NEW).] F. Except as provided in section 11011 , the placement of telephone calls without meaningful disclosure of the caller's identity; and [PL 1985, c. 702, §2 (NEW).] G. The use of "shame cards," "shame automobiles" or similar devices. [PL 1985, c. 702, §2 (NEW).] [PL 2013, c. 588, Pt. C, §16 (AMD).]

2. False or misleading representations. A debt collector may not use any false, deceptive or misleading representation or means in connection with the collection of any debt. Without limiting the general application of this subsection, the following conduct is a violation of this section: A. The false representation or implication that the debt collector is vouched for, bonded by or affiliated with the United States or any state, including the use of any badge, uniform, seal, insignia or facsimile; [PL 1985, c. 702, §2 (NEW).] B. The false representation of: (1) The character, amount or legal status of any debt; or (2) Any services rendered or compensation which may be lawfully received by any debt collector for the collection of a debt; [PL 1985, c. 702, §2 (NEW).] C. The false representation or implication that any individual is an attorney or that any communication is from an attorney; [PL 1985, c. 702, §2 (NEW).] D. The representation or implication that nonpayment of any debt will result in the arrest or imprisonment of any person or the seizure, garnishment, attachment or sale of any property or wages of any person, unless that action is lawful and the debt collector or creditor intends to take that action; [PL 1985, c. 702, §2 (NEW).] E. The threat to take any action that may not legally be taken or that is not intended to be taken; [PL 1985, c. 702, §2 (NEW).] F. The false representation or implication that a sale, referral or other transfer of any interest in a debt shall cause the consumer to: (1) Lose any claim or defense to payment of the debt; or (2) Become subject to any practice prohibited by this Act or the Maine Consumer Credit Code, Title 9‑A ; [PL 1985, c. 702, §2 (NEW).] G. The false representation or implication that the consumer committed any crime or other conduct in order to disgrace the consumer; [PL 1985, c. 702, §2 (NEW).] H. Communicating or threatening to communicate to any person credit information which is known or which should be known to be false, including the failure to communicate that a disputed debt is disputed; [PL 1985, c. 702, §2 (NEW).] I. The use or distribution of any written communication which simulates or is falsely represented to be a document authorized, issued or approved by any court, official or agency of the United States or any state, or which creates a false impression as to its source, authorization or approval; [PL 1985, c. 702, §2 (NEW).] J. The use of any false representation or deceptive means to collect or attempt to collect any debt or to obtain information concerning a consumer; [PL 1985, c. 702, §2 (NEW).] K. [PL 1997, c. 155, Pt. D, §1 (RP).] K-1. The failure to disclose in the initial written communication with the consumer and, if the initial communication with the consumer is oral, in that initial oral communication, that the debt collector is attempting to collect a debt and that any information obtained will be used for that purpose, and the failure to disclose in subsequent communications that the communication is from a debt collector, except that this paragraph does not apply to a formal pleading made in connection with a legal action; [PL 1997, c. 155, Pt. D, §2 (NEW).] L. The false representation or implication that accounts have been turned over to innocent purchasers for value; [PL 1985, c. 702, §2 (NEW).] M. The false representation or implication that documents are legal process; [PL 1985, c. 702, §2 (NEW).] N. The use of any business, company or organization name other than the true name of the debt collector's business, company or organization; [PL 1985, c. 702, §2 (NEW).] O. The false representation or implication that documents are not legal process forms or do not require action by the consumer; [PL 2023, c. 663, §2 (AMD).] P. The false representation or implication that a debt collector operates or is employed by a consumer reporting agency, as defined by Title 10, section 1308, subsection 3 ; [PL 2023, c. 663, §3 (AMD).] Q. The false, deceptive or misleading representation or implication that interest will accumulate on the debt principal when the debt collector or collection agency is attempting to collect debt that the debt collector or collection agency knows is medical debt or to obtain information about a consumer in relation to an attempt to collect medical debt; [PL 2023, c. 663, §4 (NEW).] R. The false, deceptive or misleading representation or implication that a fee will be charged in connection with the debt when the debt collector or collection agency is attempting to collect debt that the debt collector or collection agency knows is medical debt or to obtain information about a consumer in relation to an attempt to collect medical debt; or [PL 2023, c. 663, §5 (NEW).] S. The false, deceptive or misleading representation or implication that the debt collector or collection agency will pursue litigation to compel payment of the debt when attempting to collect debt that the debt collector or collection agency knows is medical debt or to obtain information about a consumer in relation to an attempt to collect medical debt. [PL 2023, c. 663, §6 (NEW).] [PL 2023, c. 663, §§2-6 (AMD).]

3. Unfair practices. A debt collector may not use unfair or unconscionable means to collect or attempt to collect any debt. Without limiting the general application of this subsection, the following conduct is a violation of this section: A. The collection of any amount, including any interest, fee, charge or expense incidental to the principal obligation, unless the amount is expressly authorized by the agreement creating the debt or permitted by law; [PL 1985, c. 702, §2 (NEW).] B. The acceptance by a debt collector from any person of a check or other payment instrument postdated by more than 5 days, unless that person is notified in writing of the debt collector's intent to deposit that check or instrument not more than 10 nor less than 3 business days prior to the deposit; [PL 1985, c. 702, §2 (NEW).] C. The solicitation by a debt collector of any postdated check or other postdated payment instrument for the purpose of threatening or instituting criminal prosecution; [PL 1985, c. 702, §2 (NEW).] D. Depositing or threatening to deposit any postdated check or other postdated payment instrument prior to the date on the check or instrument; [PL 1985, c. 702, §2 (NEW).] E. Causing charges to be made to any person for communications by concealment of the true purpose of the communication. These charges include, but are not limited to, collect telephone calls and telegram fees; [PL 1985, c. 702, §2 (NEW).] F. Taking or threatening to take any nonjudicial action to effect dispossession or disablement of property if: (1) There is no present right to possession of the property claimed as collateral through an enforceable security interest; (2) There is no present intention to take possession of the property; or (3) The property is exempt by law from the dispossession or disablement; [PL 1985, c. 702, §2 (NEW).] G. Communicating with a consumer regarding a debt by postcard; [PL 1985, c. 702, §2 (NEW).] H. Using any language or symbol, other than the debt collector's address, on any envelope when communicating with a consumer by use of the mails or by telegram, except that a debt collector may use his business name if that name does not indicate that he is in the debt collection business; [PL 1985, c. 702, §2 (NEW).] I. Using or employing notaries public, constables, sheriffs or any other officer authorized to serve legal papers in the collection of a claim; [PL 1985, c. 702, §2 (NEW).] J. Exercising authority on behalf of a creditor to employ the services of lawyers, unless the creditor has specifically authorized the agency in writing to do so and the debt collector's course of conduct is at all times consistent with the true relationship of attorney and client between the lawyer and the creditor, such that the debt collector will not demand or obtain in any manner a share of the compensation for services performed by a lawyer in collecting a claim; [PL 1985, c. 702, §2 (NEW).] K. Failing to return any claim or claims upon written request of the creditor, claimant or forwarder after the tender of such amounts, if any, as may be due and owing to the debt collector, or refusing or intentionally failing to account to its clients for all money collected within 30 days from the last day of the month in which the money is collected or refusing, or intentionally failing, to return to the creditor all valuable papers deposited with a claim when that claim is returned; [PL 1985, c. 702, §2 (NEW).] L. Commingling money collected for a creditor with the debt collector's own funds or using any part of a creditor's money in the conduct of the debt collector's business; [PL 1985, c. 702, §2 (NEW).] M. Engaging in the business of lending money to any person or contacting any person for the purpose of securing a loan for any person with which to pay any claim left with it for collection, or recommending any person or persons as a source of funds to pay any such claim; [PL 2023, c. 663, §7 (AMD).] N. Threatening to bring legal action in the debt collector's own name or instituting a suit on behalf of others or furnishing legal advice, except that a debt collector who is also an attorney may bring an action under this paragraph in the name of the creditor in any division or county permitted by 15 United States Code, Section 1692i and may furnish legal advice to the creditor with respect to a debt; [PL 2023, c. 663, §8 (AMD).] O. Notwithstanding paragraph A, charging any interest on debt that the debt collector knows is medical debt; [PL 2023, c. 663, §9 (NEW).] P. Notwithstanding paragraph A, charging any fee in connection with the collection of debt that the debt collector knows is medical debt; or [PL 2023, c. 663, §10 (NEW).] Q. Pursuing litigation to compel payment of medical debt without providing proof that the consumer was sent a written notice indicating that litigation may not be pursued when the debt collector or collection agency knows the consumer's household income is not more than 300% of the federal poverty guidelines, as defined by the federal Office of Management and Budget and revised annually, and the debt collector or collection agency provided the consumer with at least 30 days to provide evidence that the consumer's household income is not more than 300% of the federal poverty guidelines. [PL 2023, c. 663, §11 (NEW).] [PL 2023, c. 663, §§7-11 (AMD).]

4. Reporting to consumer reporting agency. A debt collector may not report solely in its own name any credit or debt information to a consumer reporting agency, as defined by Title 10, section 1308, subsection 3 . [PL 2013, c. 588, Pt. C, §18 (AMD).]

5. Reporting certain unpaid medical expenses; court or administrative orders. A debt collector may not report to a consumer reporting agency any credit or debt information regarding overdue medical expenses owed by a parent for a minor child if the debt collector is notified orally or in writing of the existence of a court order or administrative order identifying another person as the party responsible for payment of medical expenses for that minor child. In addition, a report may not be made until after the debt collector has notified, or made a good faith effort to notify, the responsible party of that party's obligation to pay the overdue medical expenses. The debt collector may request reasonable verification of the order, including requesting a certified copy of the order. [PL 1993, c. 365, §2 (NEW).]

6. Written requirement for payment schedule or settlement agreement. A debt collector may not enter into a payment schedule or settlement agreement regarding a debt unless the payment schedule or settlement agreement is either documented in open court, approved by the court and included in a court order or otherwise reduced to writing. If a payment schedule or settlement agreement is not included in a court order, the debt collector shall provide a written copy of the payment schedule or settlement agreement to the consumer within 10 business days of entering into the payment schedule or settlement agreement and the consumer need not make a payment on the payment schedule or settlement agreement until the written copy has been provided in accordance with this subsection. [PL 2015, c. 272, §2 (NEW).]

7. Acting on time-barred debt. A debt collector may not initiate a collection action when the debt collector knows or reasonably should know that the collection action is barred by the limitations period as set forth in subsection 8 . [PL 2015, c. 272, §2 (NEW).]

8. Limitations period for debt collectors. A debt collector may not commence a collection action more than 6 years after the date of the consumer's last activity on the debt. This limitations period applies notwithstanding any other applicable statute of limitations, unless a shorter limitations period is provided under the laws of this State. Notwithstanding any other provision of law, when the applicable limitations period expires, any subsequent payment toward, written or oral affirmation of or other activity on the debt does not revive or extend the limitations period. [PL 2015, c. 272, §2 (NEW).]

9. Required information. A debt buyer may not collect or attempt to collect a debt unless the debt buyer possesses the following: A. The name of the owner of the debt; [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] B. The original creditor's name at the time of the charge-off; [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] C. The original creditor's account number used to identify the debt at the time of the charge-off, if the original creditor used an account number to identify the debt at the time of charge-off; [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] D. The amount due at charge-off; [PL 2017, c. 318, §1 (AMD).] E. An itemization of interest and fees, if any, incurred after charge-off claimed to be owed and whether those were imposed by the original creditor or any subsequent owners of the debt; [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] F. If the debt is not from a revolving credit account, the date that the debt was incurred or the date of the last charge billed to the consumer's account for goods or services received. In the case of debt from a revolving credit account, the debt buyer must possess the date of the last extension of credit for the purchase of goods or services, for the lease of goods or as a loan of money; [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] G. The date and amount of the last payment, if applicable; [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] H. The names of all persons or entities that owned the debt after the time of the charge-off, if applicable, and the date of each sale or transfer; [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] I. Documentation establishing that the debt buyer is the owner of the specific debt at issue. If the debt was assigned more than once, the debt buyer must possess each assignment or other writing evidencing the transfer of ownership to establish an unbroken chain of ownership, beginning with the original creditor to the first debt buyer and each subsequent debt buyer; and [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] J. A copy of the contract, application or other documents evidencing the consumer's liability for the debt. If a signed writing evidencing the original debt does not exist, the debt buyer must possess a copy of a document provided to the consumer before charge-off demonstrating that the debt was incurred by the consumer or, for a revolving credit account, the most recent monthly statement recording the extension of credit for the purchase of goods or services, for the lease of goods or as a loan of money. [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] [PL 2017, c. 318, §1 (AMD).]

10. Transfer of ownership of certain debts. A debt buyer may not sell or otherwise transfer ownership of: A. A debt without the information and documentation required pursuant to subsection 9 ; or [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] B. A resolved debt, an interest in a resolved debt or any financial information relating to a resolved debt. [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).] [PL 2017, c. 216, §5 (NEW); PL 2017, c. 216, §11 (AFF).]

11. (TEXT EFFECTIVE UNTIL 7/01/26) Collection action prohibited on debt from medical expenses if eligible for free or charity care. If a debt collector has been notified, orally or in writing, by a creditor or the consumer of the consumer’s actual or potential qualification for free or charity care under guidelines adopted pursuant to Title 22, section 1716 , a debt collector may not collect or attempt to collect a debt for medical expenses against a consumer who has been determined to be qualified for free or charity care under guidelines adopted pursuant to Title 22, section 1716 or against a consumer who would have been determined to be qualified for free or charity care under guidelines adopted pursuant to Title 22, section 1716 but did not apply for good cause. If the notification is provided to a debt collector, the debt collector shall suspend collection efforts until the creditor has notified the debt collector and the consumer that the consumer is not qualified for free or charity care and, in that case, the debt collector may renew debt collection efforts. [PL 2021, c. 245, Pt. E, §1 (NEW).]

11. (TEXT EFFECTIVE 7/01/26) Collection action prohibited on debt from medical expenses if eligible for charity care. If a debt collector has been notified, orally or in writing, by a creditor or the consumer of the consumer's actual or potential qualification for charity care under Title 22, section 1716‑A , a debt collector may not collect or attempt to collect a debt for medical expenses against a consumer who has been determined to be qualified for charity care under Title 22, section 1716‑A or against a consumer who would have been determined to be qualified for charity care under Title 22, section 1716‑A but did not apply for good cause. If the notification is provided to a debt collector, the debt collector shall suspend collection efforts until the creditor has notified the debt collector and the consumer that the consumer is not qualified for charity care and, in that case, the debt collector may renew debt collection efforts. [PL 2025, c. 488, §5 (AMD); PL 2025, c. 488, §8 (AFF).]
32 M.R.S. § 4851 — ME Code / Title 32 / Chapter 71-A / Section 4851
32 §4851. Legislative findings
Status: in_force

The Legislature finds and declares that the public health, safety and welfare of the State of Maine requires the exercise of the police powers of this State to safeguard the people of Maine by ensuring the delivery of competent veterinary medical care and further that the right to practice veterinary medicine is a privilege conferred by legislative grant to persons possessed of personal and professional qualifications specified in this chapter. [PL 2015, c. 209, §2 (AMD).]
32 M.R.S. § 18522 — ME Code / Title 32 / Chapter 145 / Section 18522
32 §18522. Withdrawal
Status: in_force

1. Repeal. Once effective, the compact continues in force and remains binding upon each member state, except that a member state may withdraw from the compact by specifically repealing the statute that enacted the compact into law. [PL 2017, c. 253, §7 (NEW).]

2. Effective date. Withdrawal from the compact is by the enactment of a statute repealing the compact, but does not take effect until one year after the effective date of that statute and until written notice of the withdrawal has been given by the withdrawing state to the governor of each other member state. [PL 2017, c. 253, §7 (NEW).]

3. Intent. The withdrawing state shall immediately notify the chair of the interstate commission in writing upon the introduction of legislation repealing the compact in the withdrawing state. [PL 2017, c. 253, §7 (NEW).]

4. Notification. The interstate commission shall notify the other member states of the withdrawing state's intent to withdraw within 60 days of its receipt of notice provided under subsection 3 . [PL 2017, c. 253, §7 (NEW).]

5. Obligations. The withdrawing state is responsible for all dues, obligations and liabilities incurred through the effective date of withdrawal, including obligations the performance of which extends beyond the effective date of withdrawal. [PL 2017, c. 253, §7 (NEW).]

6. Reinstatement. Reinstatement following withdrawal of a member state occurs upon the withdrawing state's reenacting the compact or upon such later date as determined by the interstate commission. [PL 2017, c. 253, §7 (NEW).]

7. Rules. The interstate commission is authorized to adopt rules pursuant to section 18516 to address the impact of the withdrawal of a member state on licenses granted in other member states to physicians who designated the withdrawing member state as the state of principal license. [PL 2017, c. 253, §7 (NEW).]
32 M.R.S. § 3850-C — ME Code / Title 32 / Chapter 56 / Section 3850-C
32 §3850-C. Date of implementation of Psychology Interjurisdictional Compact Commission and associated rules; withdrawal; amendments - Article 13
Status: in_force

1. Effective date. The compact comes into effect on the date on which the compact is enacted into law in the 7th compact state. The provisions, which become effective at that time, are limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary for the implementation and administration of the compact. [PL 2021, c. 331, §1 (NEW).]

2. New compact state; application of rules. Any state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state. [PL 2021, c. 331, §1 (NEW).]

3. Withdrawal. Any compact state may withdraw from this compact by enacting a statute repealing the same. A. A compact state's withdrawal does not take effect until 6 months after enactment of the repealing statute. [PL 2021, c. 331, §1 (NEW).] B. Withdrawal does not affect the continuing requirement of the withdrawing state's psychology regulatory authority to comply with the investigative and adverse action reporting requirements of this compact prior to the effective date of withdrawal. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

4. Construction. Nothing contained in this compact may be construed to invalidate or prevent any psychology licensure agreement or other cooperative arrangement between a compact state and a non-compact state that does not conflict with the provisions of this compact. [PL 2021, c. 331, §1 (NEW).]

5. Amendment of compact. This compact may be amended by the compact states. An amendment to this compact is not effective and binding upon any compact state until it is enacted into the law of all compact states. [PL 2021, c. 331, §1 (NEW).]
32 M.R.S. § 14359 — ME Code / Title 32 / Chapter 127-A / Section 14359
32 §14359. Renewal
Status: in_force

A license renewal fee as set under section 14358 must be paid by the licensee. Licenses issued under this chapter expire annually on their anniversary date or as otherwise provided by the commissioner. Any license not renewed by its date of expiration automatically expires. Licenses 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 14358 . A person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the department may in its discretion, giving consideration to the protection of the public, waive examination if the renewal application is received, together with the late fee and renewal fee, within 2 years from the date of that expiration. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 402, Pt. JJ, §7 (AMD).]

For the purposes of satisfying the continuing education requirements, each application for license renewal must include current certification by the Board of Certification for the Athletic Trainer. [PL 2025, c. 211, §5 (AMD).]
32 M.R.S. § 9851 — ME Code / Title 32 / Chapter 103 / Section 9851
32 §9851. Findings
Status: in_force

The Legislature finds that the citizens of this State are entitled to the maximum protection practicable from the harmful effects of excessive and improper exposure to ionizing radiation; that the protection can be increased by requiring appropriate education and training of persons operating medical and dental equipment emitting ionizing radiation; and that it is therefore necessary to establish standards of education, training and experience for these operators, to provide for the appropriate examination and licensure and to emphasize the professional nature of the service. [PL 1983, c. 524 (NEW).]
32 M.R.S. § 13180 — ME Code / Title 32 / Chapter 114 / Section 13180
32 §13180. Termination of employment
Status: in_force

When any broker, associate broker or real estate sales agent is discharged or terminates employment with a brokerage agency, the designated broker shall immediately send a communication to the last known address of the broker, associate broker or sales agent advising the broker, associate broker or sales agent that the commission has been notified. The designated broker shall deliver a copy of the communication to the commission. [PL 2017, c. 210, Pt. F, §2 (AMD).]

Upon receipt of the notice of termination by the licensee, the license is void and may only be reinstated or placed on inactive status after proper application and payment of the prescribed fee. It is unlawful for any broker, associate broker or real estate sales agent to perform any brokerage services without first receiving a new active license. [PL 2017, c. 210, Pt. F, §2 (AMD).]
32 M.R.S. § 6100-SS — ME Code / Title 32 / Chapter 79-A / Section 6100-SS
32 §6100-SS. Property interests and entitlements to virtual currency
Status: in_force

Property interests and entitlements to virtual currency are governed by this section. [PL 2023, c. 662, §2 (NEW).]

1. Control. A licensee that has control of virtual currency for one or more persons shall maintain control of virtual currency in each type of virtual currency sufficient to satisfy the aggregate entitlements of the persons to the type of virtual currency. [PL 2023, c. 662, §2 (NEW).]

2. Violation. If a licensee violates subsection 1 , the property interests of the persons in the virtual currency are pro rata property interests in the type of virtual currency to which the persons are entitled, without regard to the time the persons became entitled to the virtual currency or the licensee obtained control of the virtual currency. [PL 2023, c. 662, §2 (NEW).]

3. Virtual currency. The virtual currency referred to in this section is: A. Held for the persons entitled to the virtual currency; [PL 2023, c. 662, §2 (NEW).] B. Not property of the licensee; [PL 2023, c. 662, §2 (NEW).] C. Not subject to the claims of creditors of the licensee; and [PL 2023, c. 662, §2 (NEW).] D. A permissible investment under this Act. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 3278 — ME Code / Title 32 / Chapter 48 / Section 3278
32 §3278. Emergency 100-day license
Status: in_force

A physician who presents a current active unconditioned license from another United States licensing jurisdiction and who can provide reasonable proof of meeting qualifications for licensure in this State must be issued a license to serve temporarily for declared emergencies in the State or for other appropriate reasons as determined by the board. The license is effective for not more than 100 days. The fee for this license may be not more than $400. [PL 2005, c. 162, §6 (AMD).]
32 M.R.S. § 3300-F — ME Code / Title 32 / Chapter 48 / Section 3300-F
32 §3300-F. Requirements regarding prescription of opioid medication
Status: in_force

1. Limits on opioid medication prescribing. Except as provided in subsection 2 , an individual licensed under this chapter and whose scope of practice includes prescribing opioid medication may not prescribe: A. To a patient any combination of opioid medication in an aggregate amount in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §20 (NEW).] B. To a patient who, on the effective date of this section, has an active prescription for opioid medication in excess of 100 morphine milligram equivalents of an opioid medication per day, an opioid medication in an amount that would cause that patient's total amount of opioid medication to exceed 300 morphine milligram equivalents of opioid medication per day; except that, on or after July 1, 2017, the aggregate amount of opioid medication prescribed may not be in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §20 (NEW).] C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of an opioid medication to a patient under treatment for chronic pain. "Chronic pain" has the same meaning as in Title 22, section 7246, subsection 1‑C ; or [PL 2015, c. 488, §20 (NEW).] D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of an opioid medication to a patient under treatment for acute pain unless the opioid product is labeled by the federal Food and Drug Administration to be dispensed only in a stock bottle that exceeds a 7-day supply as prescribed, in which case the amount dispensed may not exceed a 14-day supply. "Acute pain" has the same meaning as in Title 22, section 7246, subsection 1‑A . [PL 2017, c. 213, §16 (AMD).] [PL 2017, c. 213, §16 (AMD).]

2. Exceptions. An individual licensed under this chapter whose scope of practice includes prescribing opioid medication is exempt from the limits on opioid medication prescribing established in subsection 1 only: A. When prescribing opioid medication to a patient for: (1) Pain associated with active and aftercare cancer treatment; (2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph A , in conjunction with a serious illness, as defined in Title 22, section 1726, subsection 1, paragraph B ; (3) End-of-life and hospice care; (4) Medication-assisted treatment for substance use disorder; or (5) Other circumstances determined in rule by the Department of Health and Human Services; and [PL 2025, c. 37, §8 (AMD).] B. When directly ordering or administering a benzodiazepine or opioid medication to a person in an emergency room setting, an inpatient hospital setting, a long-term care facility or a residential care facility or in connection with a surgical procedure. As used in this paragraph, "administer" has the same meaning as in Title 22, section 7246, subsection 1‑B . [PL 2017, c. 213, §17 (AMD).] [PL 2025, c. 37, §8 (AMD).]

3. Electronic prescribing. An individual licensed under this chapter and whose scope of practice includes prescribing opioid medication with the capability to electronically prescribe shall prescribe all opioid medication electronically by July 1, 2017. An individual who does not have the capability to electronically prescribe must request a waiver from this requirement from the Commissioner of Health and Human Services stating the reasons for the lack of capability, the availability of broadband infrastructure, and a plan for developing the ability to electronically prescribe opioid medication. The commissioner may grant a waiver including circumstances in which exceptions are appropriate, including prescribing outside of the individual's usual place of business and technological failures. [PL 2015, c. 488, §20 (NEW).]

4. Continuing education. By December 31, 2017, an individual licensed under this chapter must successfully complete 3 hours of continuing education every 2 years on the prescription of opioid medication as a condition of prescribing opioid medication. The board shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 488, §20 (NEW).]

5. Penalties. An individual who violates this section commits a civil violation for which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be adjudged. The Department of Health and Human Services is responsible for the enforcement of this section. [PL 2015, c. 488, §20 (NEW).]

6. Opioid medication policy. No later than January 1, 2018, a health care entity that includes an individual licensed under this chapter whose scope of practice includes prescribing opioid medication must have in place an opioid medication prescribing policy that applies to all prescribers of opioid medications employed by the entity. The policy must include, but is not limited to, procedures and practices related to risk assessment, informed consent and counseling on the risk of opioid use. For the purposes of this subsection, "health care entity" has the same meaning as in Title 22, section 1718‑B, subsection 1, paragraph B . [PL 2017, c. 186, §3 (NEW).]
32 M.R.S. § 16606 — ME Code / Title 32 / Chapter 135 / Section 16606
32 §16606. Administrative files and opinions
Status: in_force

1. Public register of filings. Subject to state record-keeping requirements, the administrator shall maintain, or designate a person to maintain, records or a register of: applications for registration of securities; registration statements; notice filings; applications for registration of broker-dealers, agents, investment advisers and investment adviser representatives; notice filings by federal covered investment advisers that are or have been effective under this chapter or the predecessor act; notices of claims of exemption from registration or notice filing requirements contained in a record; orders issued under this chapter or the predecessor act; and interpretative opinions or no action determinations issued under this chapter. Records may be maintained in computer or microform format or any other form of data storage, as long as the records are readily accessible. [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Public availability. The administrator shall make all rules, forms, interpretative opinions, advisory rulings, consent agreements and orders available to the public. [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Copies of public records. The administrator shall furnish a copy of a record that is a public record or a certification that the public record does not exist to a person that so requests. A rule adopted or order issued under this chapter may establish a reasonable charge for furnishing the record, not to exceed $.50 per page; for providing a licensee register in an electronically readable format, not to exceed $20 per copy; or for certification, not to exceed $10 per certified record. A copy of the record certified or a certificate by the administrator of a record's nonexistence is prima facie evidence of a record or its nonexistence. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 14, §13 (AMD).]
32 M.R.S. § 4903 — ME Code / Title 32 / Chapter 73 / Section 4903
32 §4903. Effect of law
Status: in_force

1. Licensure required. No person may practice or offer to practice geology or soil science in the State without a current license issued under this chapter, unless specifically exempted from the license requirement by this chapter. [PL 2007, c. 402, Pt. S, §2 (AMD).]

2. Effect. This chapter shall not be construed to affect or prevent the practice of any other legally recognized profession. [PL 1981, c. 501, §70 (NEW).]
32 M.R.S. § 1401 — ME Code / Title 32 / Chapter 21 / Section 1401
32 §1401. Prearranged funerals or burial plans
Status: in_force

1. Plan requirements. Except as provided in subsections 1‑A and 1‑B , a prearranged funeral or burial plan contracted or undertaken within this State must comply with the following. A. All money paid during a person's lifetime to any individual, firm, association, partnership or corporation, by that person or by someone on behalf of that person, under an agreement that services will be performed or personal property will be delivered in connection with the disposition of that person's body after death must be deposited by the payee within 10 days after receipt of the money in a separate account in a financial institution or credit union authorized to do business in this State, as defined in Title 9‑B, section 131, subsections 12‑A and 17‑A , in the name of the payee as mortuary trustee for the person for whose benefit the payment was made and must be held in that account together with interest if any. If money is paid by check, share draft or money order, the payee shall instruct the payor to make the instrument payable to the financial institution or credit union into which it is to be deposited and to include on the instrument the name of the mortuary trustee and the person for whose benefit the payment was made. [PL 1999, c. 590, §1 (AMD).] B. The payee shall deposit the money in either a federally insured deposit or share account or a trust account; the type of account must be disclosed to the payor or the payor's representative and a deposit in a trust account may be invested in or used to purchase only the following: (1) Federally insured deposit or share accounts; (2) Securities issued, insured or guaranteed by the United States or by any agency or corporate or other instrumentality of the United States; (3) Municipal securities that are exempt from registration under Title 32, section 16201, subsection 1 ; and (4) Permanent life insurance, other than variable life insurance and annuities, from an insurer authorized to transact insurance in this State, subject to the provisions of Title 24‑A, chapter 27 . Except for fees allowed by this section, all investments made with trust assets remain trust assets. [PL 2025, c. 203, §3 (AMD).] C. Within 30 days after the deposit of funds by the payee, the financial institution or credit union shall provide a written confirmation of the deposit, including the amount deposited, to the payor or the payor's legal representative. This section may not be construed to prevent the direct transfer of these funds to another financial institution or credit union by payee transfer, by financial institution or credit union merger or consolidation or by operation of law, as long as within 30 days after the direct transfer of the funds, the recipient financial institution or credit union provides a written confirmation of the deposit, including the amount deposited, to the payor or the payor's legal representative. [PL 2025, c. 203, §3 (AMD).] D. The agreement must be in writing and a copy must be furnished to the payor or the payor's legal representative by the payee when the agreement is executed. The agreement may be revocable or irrevocable; however, if irrevocable, there must be a provision to allow for the transfer of the account by the appointment of successor trustees. The agreement must clearly state the name of the initial financial institution or credit union into which the money will be deposited and must direct the payor to send a copy of the agreement to the named financial institution or credit union. The agreement must clearly state terms providing for disposition of excess funds after funeral goods and services have been provided. The agreement must clearly state any fees that may be charged against the account; fees must be reasonable, as defined by the board, and may be charged only: (1) Upon transfer of the account by the appointment of a successor trustee; (2) Upon revocation of the agreement if the agreement is revocable; and (3) For the actual financial and tax administration of the account. The payee shall maintain a complete record of the deposit of all funds, including principal and interest. The record must be available for inspection by the payor, the payor's legal representative, the commissioner's designee or an inspector for the board and must contain the name and address of the financial institution or credit union currently in possession of the funds and the dates and amounts of deposits. [PL 2007, c. 402, Pt. J, §1 (AMD).] E. The funds may be directed by the payee to another financial institution or credit union or directed back to the payor or the payor's legal representative, if otherwise lawful and permitted by contract, on written instructions of the payor or the payor's legal representative. The funds may only be withdrawn by the payee on presentation of a certified copy of the death certificate of the person for whose benefit the funds were paid, in which event they must be used in accordance with the agreement. [PL 1999, c. 590, §1 (AMD).] [PL 2025, c. 203, §3 (AMD).]

1-A. Plan funded with mortuary trust agreement and proceeds of life insurance policy. A prearranged funeral or burial plan agreement may be funded with a mortuary trust agreement that receives the proceeds of a life insurance policy in accordance with this subsection. A. During a person's lifetime, a person or that person's legal representative may enter into an agreement that services will be performed or personal property will be delivered in connection with the disposition of that person's body after death by: (1) Assigning the mortuary trustee as owner and beneficiary of a life insurance policy payable to the mortuary trustee upon that person's death; or (2) Designating the mortuary trustee as a beneficiary of a life insurance policy payable to the mortuary trustee upon that person's death. [PL 2003, c. 109, §3 (NEW).] B. An agreement under paragraph A must be in writing and a copy must be furnished to the person or the person's legal representative by the mortuary trustee when the agreement is executed. The agreement may be revocable or irrevocable; however, if the agreement is irrevocable, there must be a provision to allow for the transfer of the trust account by the appointment of successor trustees. The agreement must clearly state terms providing for disposition of excess funds after funeral goods and services have been provided. The agreement must clearly state any fees that may be charged against the trust account. Fees must be reasonable, as defined by the board, and may be charged only: (1) Upon transfer of a trust account by the appointment of a successor trustee; (2) Upon revocation of the agreement if the agreement is revocable; and (3) For the actual financial and tax administration of the trust account. [PL 2003, c. 109, §3 (NEW).] C. The mortuary trustee shall maintain a complete record of a trust account established under this subsection. The record must be available for inspection by the person, the person's legal representative, the commissioner's designee or an inspector for the board. [PL 2003, c. 109, §3 (NEW).] This subsection may not be construed to alter the terms of a life insurance policy or supersede any law governing the regulation of life insurance policies. [PL 2025, c. 203, §4 (AMD).]

1-B. Plan funded with proceeds of pre-need life insurance policy. A prearranged funeral service or plan may be funded with proceeds of a pre-need insurance policy in accordance with this subsection. For the purposes of this section, "pre-need insurance" has the same meaning as in Title 24‑A, section 2176‑A, subsection 1 . A. During a person's lifetime, a person or that person's legal representative may enter into an agreement that services will be performed or personal property will be delivered in connection with the disposition of that person's body after death by the assignment of proceeds of a pre-need insurance policy to the funeral establishment upon that person's death. [PL 2025, c. 203, §5 (NEW).] B. The face amount of a pre-need insurance policy sold in connection with a prearranged funeral service or plan as described in section 1402 may not exceed the maximum amount of the goods and services that are contracted for in the prearranged funeral service or plan. [PL 2025, c. 203, §5 (NEW).] C. An agreement under paragraph A must be in writing and a copy must be furnished to the person or the person's legal representative by the funeral establishment when the agreement is executed. The agreement must identify the parties to the agreement and must be signed by an authorized representative of the funeral establishment. [PL 2025, c. 203, §5 (NEW).] The receipt of a commission for the sale of pre-need insurance by a licensee that is also licensed as an insurance producer does not constitute a violation of section 1455‑B, subsection 5 . This subsection may not be construed to alter the terms of an insurance policy or supersede any law governing the regulation of insurance policies. [PL 2025, c. 203, §5 (NEW).]

2. Rulemaking. The board shall adopt rules regarding prearranged funeral agreements, including, but not limited to: A. The form, format and content of trust agreements; [PL 1999, c. 258, §2 (NEW); PL 1999, c. 258, §3 (AFF).] B. Standards regarding when service contracts are required in conjunction with trust agreements and the form, format and content of the service contracts; [PL 1999, c. 258, §2 (NEW); PL 1999, c. 258, §3 (AFF).] C. The establishment of reasonable fees that may be charged only pursuant to subsection 1, paragraph D ; [PL 2025, c. 203, §6 (AMD).] D. Inspection of trust agreements, account information and any related documentation; and [PL 2025, c. 203, §6 (AMD).] E. The form, format and content of agreements for prearranged funeral services or plans as described in section 1402 funded by pre-need insurance. [PL 2025, c. 203, §6 (NEW).] Rules adopted pursuant to this section are routine technical rules under Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 203, §6 (AMD).]

3. Financial institution or credit union liability. The financial institution or credit union is discharged from liability for direct payment of the funds in an account under subsection 1 to another financial institution or credit union or to the payor, upon presentation of a written consent to withdrawal signed by the payor or the payor's legal representative and by the payee or upon withdrawal of the funds by the payee upon presentation of a certified copy of the death certificate of the person for whose benefit the funds were paid. [PL 1999, c. 590, §2 (AMD).]

4. Applicability. This section does not apply to the sale of cemetery lots, crypts, niches, cemetery burial privileges, cemetery space or perpetual care. [PL 1999, c. 258, §2 (NEW); PL 1999, c. 258, §3 (AFF).]

5. Cotrustees. This section may not be construed as prohibiting any person, including a payor, from serving as a mortuary cotrustee with the payee. [PL 1999, c. 258, §2 (NEW); PL 1999, c. 258, §3 (AFF).]

6. Penalties. Any person who violates this section is guilty of a Class E crime. This section does not preclude prosecution or conviction under other applicable laws, including, but not limited to, disciplinary actions under this chapter. [PL 1999, c. 258, §2 (NEW); PL 1999, c. 258, §3 (AFF).]
32 M.R.S. § 9409 — ME Code / Title 32 / Chapter 93 / Section 9409
32 §9409. Bonding requirement
Status: in_force

1. Requirement. The requirements for bonding are as follows. A. A person licensed under this chapter shall give to the commissioner a bond in the sum of $10,000 if he is a resident, and in the sum of $50,000 if he is not a resident, of the State. [PL 1981, c. 113, §2 (NEW).] B. For the purposes of this section, corporation is a resident if it is incorporated under the laws of this State. Any other person is a resident if the natural person who qualifies for the license resides in this State. [PL 1981, c. 113, §2 (NEW).] [PL 1981, c. 113, §2 (NEW).]

2. Form of bond. Each bond shall be: A. In a form prescribed by the commissioner; [PL 1981, c. 113, §2 (NEW).] B. Executed by the licensee as principal and by a surety company authorized to do business as such in this State as surety; and [PL 1981, c. 113, §2 (NEW).] C. Conditioned upon the honest conduct of the licensee and the right of any person, including the officer of any aggrieved labor union or association, whether or not incorporated, injured by the intentional, knowing, reckless or negligent act of the licensee to bring, in his own name, an action on the bond. [PL 1981, c. 113, §2 (NEW).] [PL 1981, c. 113, §2 (NEW).]
32 M.R.S. § 16408 — ME Code / Title 32 / Chapter 135 / Section 16408
32 §16408. Termination of employment or association of agent and investment adviser representative and transfer of employment or association
Status: in_force

1. Notice of termination. If an agent licensed under this chapter terminates employment by or association with a broker-dealer or issuer, or if an investment adviser representative licensed under this chapter terminates employment by or association with an investment adviser or federal covered investment adviser, or if either licensee terminates activities that require licensing as an agent or investment adviser representative, the broker-dealer, issuer, investment adviser or federal covered investment adviser shall promptly file a notice of termination. If the licensee learns that the broker-dealer, issuer, investment adviser or federal covered investment adviser has not filed the notice, the licensee shall promptly file it. [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Transfer of employment or association. If an agent licensed under this chapter terminates employment by or association with a broker-dealer licensed under this chapter and begins employment by or association with another broker-dealer licensed under this chapter, or if an investment adviser representative licensed under this chapter terminates employment by or association with an investment adviser licensed under this chapter or a federal covered investment adviser that has filed a notice under section 16405 and begins employment by or association with another investment adviser licensed under this chapter or a federal covered investment adviser that has filed a notice under section 16405 , upon the filing by or on behalf of the licensee, within 30 days after the termination, of an application for licensing that complies with the requirement of section 16406, subsection 1 and payment of the filing fee required under section 16410 , the license of the agent or investment adviser representative is: A. Immediately effective as of the date of the completed filing if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record does not contain a new or amended disciplinary disclosure within the previous 12 months; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Temporarily effective as of the date of the completed filing if the agent's Central Registration Depository record or successor record or the investment adviser representative's Investment Adviser Registration Depository record or successor record contains a new or amended disciplinary disclosure within the previous 12 months. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Withdrawal of temporary license. The administrator may withdraw a temporary license if there are or were grounds for discipline as specified in section 16412 and the administrator does so within 30 days after the filing of the application. If the administrator does not withdraw the temporary license within the 30-day period, licensing becomes automatically effective on the 31st day after filing. [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Power to prevent licensing. The administrator may prevent the effectiveness of a transfer of an agent or investment adviser representative under subsection 2, paragraph A or B based on the public interest and the protection of investors or based upon a request for other information pursuant to section 16406, subsection 1, paragraph B . [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Termination of license or application for licensing. If the administrator determines that a licensee or applicant for licensing is no longer in existence or has ceased to act as a broker-dealer, agent, investment adviser or investment adviser representative, or is the subject of an adjudication of incapacity or is subject to the control of a committee, conservator or guardian, or can not reasonably be located, a rule adopted or order issued under this chapter may require the license be canceled or terminated or the application denied. The administrator may reinstate a canceled or terminated license, with or without hearing, and may make the license retroactive. 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. § 8115 — ME Code / Title 32 / Chapter 89 / Section 8115
32 §8115. Identification cards; badges prohibited
Status: in_force

1. Issuance of identification cards. The chief shall design and issue to each person licensed under this chapter an identification card featuring a recent photograph of the licensee. [PL 2011, c. 366, §48 (NEW).]

2. Use of badges prohibited. A person licensed under this chapter may not carry or present a badge that suggests, or that would reasonably cause another person to believe, that the licensed professional investigator or investigative assistant is a sworn peace officer of this State, any political subdivision of this State, any other state or the Federal Government. [PL 2011, c. 366, §48 (NEW).]
32 M.R.S. § 6078 — ME Code / Title 32 / Chapter 79-A / Section 6078
32 §6078. Implementation
Status: in_force

In order to carry out the purposes of this Act, the administrator may, subject to the provisions of section 6080, subsections 1 and 2 : [PL 2023, c. 662, §2 (NEW).]

1. Licensing. Require licensing under this Act through NMLS. The administrator is authorized to participate in the nationwide mortgage licensing system and registry; [PL 2023, c. 662, §2 (NEW).]

2. Agreements. Enter into agreements or relationships with other government officials or federal and state regulatory agencies and regulatory associations in order to improve efficiencies and reduce regulatory burden by standardizing methods or procedures and sharing resources, records or related information obtained under this Act; [PL 2023, c. 662, §2 (NEW).]

3. Examination and investigation. Use, hire, contract or employ analytical systems, methods or software to examine or investigate any person subject to this Act; [PL 2023, c. 662, §2 (NEW).]

4. Reports. Accept from state or federal government agencies or officials licensing, examination or investigation reports made by those state or federal government agencies or officials; and [PL 2023, c. 662, §2 (NEW).]

5. Audit reports. Accept audit reports made by an independent certified public accountant or other qualified 3rd-party auditor for an applicant or licensee and incorporate the audit report in a report of examination or investigation. [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 3280-A — ME Code / Title 32 / Chapter 48 / Section 3280-A
32 §3280-A. Biennial renewal of licenses; qualification; fees; reinstatement after lapse
Status: in_force

1. Renewal of licenses. A physician licensed pursuant to section 3271 or 3275 shall apply to the board for relicensure using application forms and submitting supporting documents required by the board. Except as provided in paragraph A for initial proration of expiration dates, the board shall provide to every physician whose application is approved and accepted a proof of license renewal that is valid for no longer than 2 years. A. Beginning with licenses expiring after July 1, 1994, regardless of the date of initial licensure or last license renewal, the license of every physician born in an odd-numbered year expires at midnight in 1995 on the last day of the month of the physician's birth. The license of every physician born in an even-numbered year expires at midnight in 1996 on the last day of the month of the physician's birth. Upon expiration, a physician must renew the license issued pursuant to this section and this license must be renewed every 2 years by the last day of the month of birth of the physician seeking license renewal by means of application to the board, on forms prescribed and supplied by the board. [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] B. At least 60 days prior to expiration of a current license, the board shall notify each licensee of the requirement to renew the license. If an administratively complete license renewal application, as determined pursuant to subsection 3, paragraph B , has not been submitted prior to the expiration date of the existing license, the license immediately and automatically expires. A license may be reinstated within 90 days after the date of expiration upon payment of the renewal fee and late fee. If an administratively complete renewal application is not submitted within 90 days of the date of the expiration of the license, the license immediately and automatically lapses. The board may reinstate a license that has lapsed pursuant to subsection 4 . [PL 2017, c. 63, §1 (AMD).] [PL 2017, c. 63, §1 (AMD).]

2. Criteria for license renewal. Prior to renewing a license: A. The board may pose any question to the licensee or other sources that the board determines appropriate related to qualification for relicensure. These matters may include, but are not limited to, confirmation of health status, professional standing and conduct, professional liability claims history and license status in other jurisdictions. The board shall, after affording the licensee due process, deny license renewal if the board finds cause that may be considered grounds for refusal to renew the license pursuant to section 3282‑A , including, but not limited to, a determination that an outstanding financial obligation to the board exists; and [PL 2003, c. 601, §9 (AMD).] B. Every licensee seeking renewal of a license with the intent of conducting active medical practice in this State shall submit evidence, satisfactory to the board, of successful completion of a course of continuing medical education within the preceding 24 months, as prescribed by rule. A physician licensed pursuant to section 3271 or 3275 may not engage in the practice of medicine in this State in any degree, including advising or prescribing medication for self, friends or family with or without charge, unless the board has found the licensee qualified by continuing medical education and has marked the current license with the designation "active." [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] [PL 2003, c. 601, §9 (AMD).]

3. Fees. The following fees apply to licensure. A. The board may charge a license renewal application fee of not more than $500 to all applicants for license renewal. [PL 2005, c. 162, §7 (AMD).] B. In addition to the application processing fee, the board may require payment of a late application fee of not more than $100 from all licensees, regardless of age, from whom the board has not received an administratively complete license renewal application prior to the license expiration date. An application is not administratively complete if it is not signed and dated by the licensee or does not provide full information and responses of sufficient detail to permit board review, evaluation and decision on renewal qualification. An application received without the required license renewal application fee is considered incomplete and the applicant is subject to a late fee. [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] C. The board may prorate the fee for biennial relicensure for physicians who have been initially licensed within the past 12 months. The manner of proration, if done, must be explained in the board's published schedule of fees. The board may waive all or a portion of the established license renewal application fee upon receipt of a request for waiver based on hardship or other special circumstance. Any waiver request granted and the basis for the waiver must be recorded in the minutes of the board's proceedings. [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] D. Unless received and deposited to the board's account in error and in violation of this section or the board's rules, a license renewal application fee or late fee paid to the board is not refundable if the board or the board's staff has commenced processing the application, regardless of the board's action on the application. [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] [PL 2005, c. 162, §7 (AMD).]

4. Reinstatement after lapse. A physician may be reinstated after the lapse of a license under the following conditions. A. A license that has lapsed pursuant to subsection 1, paragraph B may be reinstated upon application by the physician on forms provided by the board. A physician whose license has lapsed for more than 5 years shall apply for a new license in order to practice medicine in the State. [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] B. When applying for reinstatement, the licensee must state the reason why the license lapsed and pay all fees in arrears at the time of lapse plus the current license renewal application fee and a nonrefundable reinstatement application processing fee of $100. [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] C. The board may not reinstate a lapsed license if the board finds any cause that may be considered a ground for discipline pursuant to section 3282‑A if the license had been in force. Prior to concluding that no cause exists, the board shall conduct the inquiries required by subsection 2, paragraph A for applications for renewal. In addition, the board may not reinstate the license of any physician who has not provided evidence satisfactory to the board of having actively engaged in the practice of medicine continuously for at least the past 12 months under the license of another jurisdiction of the United States or Canada unless the applicant has first satisfied the board of the applicant's current competency by passage of written examinations or practical demonstrations as the board may from time to time prescribe for this purpose through rulemaking. [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).] [PL 1993, c. 526, §2 (NEW); PL 1993, c. 526, §4 (AFF).]
32 M.R.S. § 16304 — ME Code / Title 32 / Chapter 135 / Section 16304
32 §16304. Securities registration by qualification
Status: in_force

1. Registration permitted. A security may be registered by qualification under this section. [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Required records. A registration statement under this section must contain the information or records specified in section 16305 , a consent to service of process complying with section 16611 and the following information or records: A. With respect to the issuer and any significant subsidiary, its name, address and form of organization; the state or foreign jurisdiction and date of its organization; the general character and location of its business; a description of its physical properties and equipment; and a statement of the general competitive conditions in the industry or business in which it is or will be engaged; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. With respect to each director and officer of the issuer, and other person having a similar status or performing similar functions, the person's name, address and principal occupation for the previous 5 years; the amount of securities of the issuer held by the person as of the 30th day before the filing of the registration statement; the amount of the securities covered by the registration statement to which the person has indicated an intention to subscribe; and a description of any material interest of the person in any material transaction with the issuer or a significant subsidiary effected within the previous 3 years or proposed to be effected; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. With respect to persons covered by paragraph B , the aggregate sum of the remuneration paid to those persons during the previous 12 months and estimated to be paid during the next 12 months, directly or indirectly, by the issuer and all predecessors, parents, subsidiaries and affiliates of the issuer; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. With respect to a person owning of record or owning beneficially, if known, 10% or more of the outstanding shares of any class of equity security of the issuer, the information specified in paragraph B other than the person's occupation; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. With respect to a promoter, if the issuer was organized within the previous 3 years, the information or records specified in paragraph B , any amount paid to the promoter within that period or intended to be paid to the promoter and the consideration for the payment; [PL 2005, c. 65, Pt. A, §2 (NEW).] F. With respect to a person on whose behalf any part of the offering is to be made in a nonissuer distribution, the person's name and address; the amount of securities of the issuer held by the person as of the date of the filing of the registration statement; a description of any material interest of the person in any material transaction with the issuer or any significant subsidiary effected within the previous 3 years or proposed to be effected; and a statement of the reasons for making the offering; [PL 2005, c. 65, Pt. A, §2 (NEW).] G. The capitalization and long-term debt, on both a current and pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding or being registered or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, goodwill or anything else of value, for which the issuer or any subsidiary has issued its securities within the previous 2 years or is obligated to issue its securities; [PL 2005, c. 65, Pt. A, §2 (NEW).] H. The kind and amount of securities to be offered; the proposed offering price or the method by which it is to be computed; any variation at which a proportion of the offering is to be made to a person or class of persons other than the underwriters, with a specification of the person or class; the basis on which the offering is to be made if otherwise than for cash; the estimated aggregate underwriting and selling discounts or commissions and finder's fees, including separately cash, securities, contracts or anything else of value to accrue to the underwriters or finders in connection with the offering or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts; the estimated amounts of other selling expenses, including legal, engineering and accounting charges; the name and address of each underwriter and each recipient of a finder's fee; a copy of any underwriting or selling group agreement under which the distribution is to be made or the proposed form of any such agreement whose terms have not yet been determined; and a description of the plan of distribution of any securities that are to be offered otherwise than through an underwriter; [PL 2005, c. 65, Pt. A, §2 (NEW).] I. The estimated monetary proceeds to be received by the issuer from the offering; the purposes for which the proceeds are to be used by the issuer; the estimated amount to be used for each purpose; the order or priority in which the proceeds will be used for the purposes stated; the amounts of any funds to be raised from other sources to achieve the purposes stated; the sources of the funds; and, if a part of the proceeds is to be used to acquire property, including goodwill, otherwise than in the ordinary course of business, the names and addresses of the vendors, the purchase price, the names of any persons that have received commissions in connection with the acquisition and the amounts of the commissions and other expenses in connection with the acquisition, including the cost of borrowing money to finance the acquisition; [PL 2005, c. 65, Pt. A, §2 (NEW).] J. A description of any stock options or other security options outstanding, or to be created in connection with the offering, and the amount of those options held or to be held by each person required to be named in paragraph B , D , E , F or H and by any person that holds or will hold 10% or more in the aggregate of those options; [PL 2005, c. 65, Pt. A, §2 (NEW).] K. The dates of, parties to and general effect concisely stated of each managerial or other material contract made or to be made otherwise than in the ordinary course of business to be performed in whole or in part at or after the filing of the registration statement or that was made within the previous 2 years and a copy of the contract; [PL 2005, c. 65, Pt. A, §2 (NEW).] L. A description of any pending litigation, action or proceeding to which the issuer is a party and that materially affects its business or assets and any litigation, action or proceeding known to be contemplated by governmental authorities; [PL 2005, c. 65, Pt. A, §2 (NEW).] M. A copy of any prospectus, pamphlet, circular, form letter, advertisement or other sales literature intended as of the effective date to be used in connection with the offering and any solicitation of interest used in compliance with section 16202, subsection 18, paragraph B ; [PL 2005, c. 65, Pt. A, §2 (NEW).] N. A specimen or copy of the security being registered, unless the security is uncertificated; a copy of the issuer's articles of incorporation and bylaws or their substantial equivalents, in effect; and a copy of any indenture or other instrument covering the security to be registered; [PL 2005, c. 65, Pt. A, §2 (NEW).] O. A signed or conformed copy of an opinion of counsel concerning the legality of the security being registered, with an English translation if it is in a language other than English, that states whether the security when sold will be validly issued, fully paid and nonassessable and, if a debt security, a binding obligation of the issuer; [PL 2005, c. 65, Pt. A, §2 (NEW).] P. A signed or conformed copy of a consent of any accountant, engineer, appraiser or other person whose profession gives authority for a statement made by the person, if the person is named as having prepared or certified a report or valuation, other than an official record, that is public and that is used in connection with the registration statement; [PL 2005, c. 65, Pt. A, §2 (NEW).] Q. A balance sheet of the issuer as of a date within 4 months before the filing of the registration statement; a statement of income and a statement of cash flows for each of the 3 fiscal years preceding the date of the balance sheet and for any period between the close of the immediately previous fiscal year and the date of the balance sheet or for the period of the issuer's and any predecessor's existence if less than 3 years; and, if any part of the proceeds of the offering is to be applied to the purchase of a business, the financial statements that would be required if that business were the registrant; and [PL 2005, c. 65, Pt. A, §2 (NEW).] R. Any additional information or records required by rule adopted or order issued under this chapter. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Conditions for effectiveness of registration statement. A registration statement under this section becomes effective 30 days, or any shorter period provided by rule adopted or order issued under this chapter, after the date the registration statement or the last amendment other than a price amendment is filed if: A. A stop order is not in effect and a proceeding is not pending under section 16306 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. The administrator has not issued an order under section 16306 delaying effectiveness; or [PL 2005, c. 65, Pt. A, §2 (NEW).] C. The applicant or registrant has not requested that effectiveness be delayed. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Delay of effectiveness of registration statement. The administrator may delay effectiveness once for not more than 90 days if the administrator determines the registration statement is not complete in all material respects and promptly notifies the applicant or registrant of that determination. The administrator may also delay effectiveness for a further period of not more than 30 days if the administrator determines that the delay is necessary or appropriate. [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Prospectus or offering document distribution may be required. An order issued under this chapter may require as a condition of registration under this section that a prospectus or offering document containing a specified part of the information or record specified in subsection 2 be sent or given to each person to whom an offer is made, before or concurrently, with the earliest of: A. The first offer made in a record to the person otherwise than by means of a public advertisement by or for the account of the issuer or another person on whose behalf the offering is being made or by an underwriter or broker-dealer that is offering part of an unsold allotment or subscription taken by the person as a participant in the distribution; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. The confirmation of a sale made by or for the account of the person; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Payment pursuant to such a sale; or [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Delivery of the security pursuant to such a sale. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. Simplified statement. For purposes of simplifying the registration statement for smaller offerings and promoting uniformity with other states, the administrator may adopt, by rule, a form to be used as the registration statement for securities being registered under this section and sold in offerings in which the aggregate offering price does not exceed the maximum amount specified in the rule. The form need not require all the information included in this section and may require information not included in this section. [PL 2005, c. 65, Pt. A, §2 (NEW).]

6-A. Short-form registration statement. The administrator may adopt by rule a form to be used as a short-form registration statement for securities being registered under this section and sold in offerings in which: A. The issuer of the security is a corporation or other entity having its principal place of business in this State and registered with the Secretary of State as an entity formed under the laws of this State or authorized to transact business within this State; [PL 2013, c. 452, §1 (NEW).] B. The aggregate amount of securities sold to all investors by the issuer within any 12-month period is not more than $1,000,000; [PL 2013, c. 452, §1 (NEW).] C. The aggregate amount of securities sold to any investor by the issuer, including any amount sold during the 12-month period preceding the date of the transaction, does not exceed $5,000, or a greater amount as the administrator may provide by rule or order, unless the investor is an accredited investor as defined in 17 Code of Federal Regulations, Section 230.501 (2013); [PL 2013, c. 452, §1 (NEW).] D. The offering meets the requirements of the federal exemption for limited offerings and sales of securities not exceeding $10,000,000 in 17 Code of Federal Regulations, Section 230.504 (2013); [PL 2023, c. 503, §2 (AMD).] E. The issuer files with the administrator, provides to investors and makes available to potential investors an offering document setting forth the following: (1) The name, legal status, physical address and website address of the issuer; (2) The names of the directors, officers and any persons occupying a similar status or performing similar functions; (3) The name of each person holding more than 20% of the shares of the issuer; (4) A description of the business of the issuer and the anticipated business plan of the issuer; (5) A description of the financial condition of the issuer, including the following: (a) For offerings that, together with all other offerings of the issuer within the preceding 12-month period, have, in the aggregate, offering amounts of $100,000 or less: (i) The income tax returns filed by the issuer for the most recently completed year, if any; and (ii) The financial statements of the issuer certified by the principal executive officer of the issuer to be true and complete in all material respects; (b) For offerings that, together with all other offerings of the issuer within the preceding 12-month period, have, in the aggregate, offering amounts of more than $100,000 but not more than $500,000, financial statements reviewed by a public accountant who is independent of the issuer, using professional standards and procedures for the review or standards and procedures established by the administrator by rule; or (c) For offerings that, together with all other offerings of the issuer within the preceding 12-month period, have, in the aggregate, offering amounts of more than $500,000, audited financial statements; (6) A description of the stated purpose and intended use of the proceeds of the offering sought by the issuer; (7) The offering amount, the deadline to reach the offering amount and regular updates regarding the progress of the issuer in meeting the offering amount; (8) The price to the public of the securities or, if the price has not been determined, the method for determining the price as long as prior to the sale each investor is provided in writing the final price and all required disclosures with a reasonable opportunity to rescind the commitment to purchase the securities; and (9) A description of the ownership and capital structure of the issuer, including: (a) The terms of the securities being offered and all other classes of security of the issuer, including how those terms may be modified, and a summary of the differences between the classes of securities, including how the rights of the securities being offered may be materially limited, diluted or qualified by the rights of any other class of security of the issuer; (b) A description of how the exercise of the rights held by the principal shareholders of the issuer could negatively impact the purchasers of the securities being offered; (c) The name and ownership level of each existing shareholder who owns more than 20% of any class of the securities of the issuer; (d) How the securities being offered are being valued and examples of methods for how those securities may be valued by the issuer in the future, including during subsequent corporate actions; and (e) The risks to purchasers of the securities relating to minority ownership in the issuer and the risks associated with corporate actions, including additional issuances of shares, a sale of the issuer or of assets of the issuer and transactions with related parties; and [PL 2013, c. 452, §1 (NEW).] F. The issuer sets aside in a separate bank account all funds raised as part of the offering to be held until such time as the minimum offering amount is reached. If the minimum offering amount is not met within one year of the effective date of the offering, the issuer must return all funds to investors. [PL 2013, c. 452, §1 (NEW).] An issuer who elects to use a short-form registration statement pursuant to this subsection must comply with other requirements set forth by rule adopted or order issued under this chapter. Notwithstanding section 16304, subsection 3 , the administrator may provide by rule that a short-form registration statement filed under this subsection is immediately effective upon filing or becomes effective within some other stated period after filing, conditionally or otherwise. [PL 2023, c. 503, §2 (AMD).]

7. 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. § 18138 — ME Code / Title 32 / Chapter 139 / Section 18138
32 §18138. Oil energy auditor
Status: in_force

1. Scope of license. An oil energy auditor's privileges to practice are restricted to the performance of combustion safety and efficiency testing on oil-fired space-heating equipment or water-heating equipment to ensure health and safety standards and do not include any adjustment of oil-fired space-heating equipment or water-heating equipment. [PL 2017, c. 210, Pt. I, §3 (AMD).]

2. Professional qualifications. An oil energy auditor must provide to the board, at a minimum, satisfactory evidence of relevant training and written and field certification that conform to standards established by a nationally recognized building performance industry certification and quality assurance program, the equivalent residential energy auditor certification program in the State or an equivalent training and education program as determined by the board. [PL 2017, c. 210, Pt. I, §3 (AMD).]
32 M.R.S. § 17513 — ME Code / Title 32 / Chapter 137 / Section 17513
32 §17513. Construction and severability
Status: in_force

This compact must be liberally construed so as to effectuate its purposes. The provisions of this compact are severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability of this compact to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability of this compact to any government, agency, person or circumstance are not affected. If this compact is held to be contrary to the constitution of any member state, the compact remains in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. [PL 2023, c. 310, §1 (NEW).]
32 M.R.S. § 18553 — ME Code / Title 32 / Chapter 147 / Section 18553
32 §18553. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 547, §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 Reserves of the United States Armed Forces on active duty orders pursuant to 10 United States Code, Chapters 1209 and 1211. [PL 2021, c. 547, §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 a licensed professional counselor, including actions against an individual's license or privilege to practice such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a licensed professional counselor's authorization to practice, including issuance of a cease and desist action. [PL 2021, c. 547, §1 (NEW).]

3. Alternative program. "Alternative program" means a nondisciplinary monitoring or practice remediation process approved by a professional counseling licensing board to address impaired practitioners. [PL 2021, c. 547, §1 (NEW).]

4. Continuing competence and education. "Continuing competence and education" means a requirement, as a condition of license renewal, to provide evidence of participation in, or completion of, educational and professional activities relevant to practice or area of work. [PL 2021, c. 547, §1 (NEW).]

5. Counseling compact commission. "Counseling compact commission" or "commission" means the national administrative body whose membership consists of all states that have enacted the compact. [PL 2021, c. 547, §1 (NEW).]

6. Current significant investigative information. "Current significant investigative information" means: A. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for the licensed professional counselor 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; or [PL 2021, c. 547, §1 (NEW).] B. Investigative information that indicates that the licensed professional counselor represents an immediate threat to public health and safety regardless of whether the licensed professional counselor has been notified and had an opportunity to respond. [PL 2021, c. 547, §1 (NEW).] [PL 2021, c. 547, §1 (NEW).]

7. Data system. "Data system" means a repository of information about licensees, including, but not limited to, continuing education, examination, licensure, investigative, privilege to practice and adverse action information. [PL 2021, c. 547, §1 (NEW).]

8. Encumbered license. "Encumbered license" means a license in which an adverse action restricts the practice of licensed professional counseling by the licensee and that adverse action has been reported to the United States Department of Health and Human Services, National Practitioner Data Bank. [PL 2021, c. 547, §1 (NEW).]

9. Encumbrance. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of licensed professional counseling by a licensing board. [PL 2021, c. 547, §1 (NEW).]

10. Executive committee. "Executive committee" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission. [PL 2021, c. 547, §1 (NEW).]

11. Home state. "Home state" means the member state that is the licensee's primary state of residence. [PL 2021, c. 547, §1 (NEW).]

12. Impaired practitioner. "Impaired practitioner" means an individual who has a condition that may impair that individual's ability to practice as a licensed professional counselor without some type of intervention and may include, but is not limited to, alcohol and drug dependence, mental health impairment and neurological or physical impairments. [PL 2021, c. 547, §1 (NEW).]

13. Investigative information. "Investigative information" means information, records and documents received or generated by a professional counseling licensing board pursuant to an investigation. [PL 2021, c. 547, §1 (NEW).]

14. Jurisprudence requirement. "Jurisprudence requirement," if required by a member state, means the assessment of an individual's knowledge of the laws and rules governing the practice of professional counseling in a state. [PL 2021, c. 547, §1 (NEW).]

15. Licensed professional counselor. "Licensed professional counselor" means a counselor licensed by a member state, regardless of the title used by that state, to independently assess, diagnose and treat behavioral health conditions. [PL 2021, c. 547, §1 (NEW).]

16. Licensee. "Licensee" means an individual who currently holds an authorization from a state to practice as a licensed professional counselor. [PL 2021, c. 547, §1 (NEW).]

17. Licensing board. "Licensing board" means the agency of a state, or equivalent, that is responsible for the licensing and regulation of licensed professional counselors. [PL 2021, c. 547, §1 (NEW).]

18. Member state. "Member state" means a state that has enacted the compact. [PL 2021, c. 547, §1 (NEW).]

19. Privilege to practice. "Privilege to practice" means a legal authorization that is equivalent to a license permitting the practice of professional counseling in a remote state. [PL 2021, c. 547, §1 (NEW).]

20. Professional counseling. "Professional counseling" means the assessment, diagnosis and treatment of behavioral health conditions by a licensed professional counselor. [PL 2021, c. 547, §1 (NEW).]

21. Remote state. "Remote state" means a member state other than the home state where a licensee is exercising or seeking to exercise the privilege to practice. [PL 2021, c. 547, §1 (NEW).]

22. Rule. "Rule" means a regulation promulgated by the commission that has the force of law. [PL 2021, c. 547, §1 (NEW).]

23. Single-state license. "Single-state license" means a licensed professional counselor 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 2021, c. 547, §1 (NEW).]

24. State. "State" means any state, commonwealth, district or territory of the United States that regulates the practice of professional counseling. [PL 2021, c. 547, §1 (NEW).]

25. Telehealth. "Telehealth" means the application of telecommunication technology to deliver professional counseling services remotely to assess, diagnose and treat behavioral health conditions. [PL 2021, c. 547, §1 (NEW).]

26. Unencumbered license. "Unencumbered license" means a license that authorizes a licensed professional counselor to engage in the full and unrestricted practice of professional counseling. [PL 2021, c. 547, §1 (NEW).]
32 M.R.S. § 13822 — ME Code / Title 32 / Chapter 117 / Section 13822
32 §13822. Collaborative practice authorized
Status: in_force

Notwithstanding any other provision of law, a licensed pharmacist who has completed the training required in section 13823 may initiate emergency contraception drug therapy in accordance with standardized procedures or protocols developed by the pharmacist and an authorized prescriber who is acting within the prescriber's scope of practice. [PL 2003, c. 524, §1 (NEW).]
32 M.R.S. § 1523 — ME Code / Title 32 / Chapter 22 / Section 1523
32 §1523. Privileged communication
Status: in_force

Individuals licensed under this chapter are included under the evidentiary communications privilege outlined in Title 5, section 48‑A, subsection 5 . [PL 2003, c. 685, §3 (AMD).]
32 M.R.S. § 14226 — ME Code / Title 32 / Chapter 126 / Section 14226
32 §14226. Qualifications; cosmetology
Status: in_force

A person is eligible to obtain a license under this chapter for the practice of cosmetology if that person: [PL 1991, c. 397, §6 (NEW).]

1. Age. [PL 2019, c. 373, §28 (RP).]

2. Education. [PL 2019, c. 373, §28 (RP).]

3. Training. Has satisfactorily completed a course of instruction in cosmetology of 1,500 hours in not less than 9 months in a school licensed by the director or has experience in the practice of cosmetology as a trainee of 2,500 hours distributed over a period of at least 18 months; and [PL 2009, c. 369, Pt. B, §17 (AMD).]

4. Examination. Has passed an approved examination. A. [PL 1997, c. 210, §25 (RP).] B. [PL 2011, c. 286, Pt. M, §16 (RP).] [PL 2011, c. 286, Pt. M, §16 (AMD).]
32 M.R.S. § 6160 — ME Code / Title 32 / Chapter 80 / Section 6160
32 §6160. Exclusions
Status: in_force

This subchapter does not apply to any cash-dispensing machine established by a financial institution or service corporation. [PL 1999, c. 229, §2 (NEW).]
32 M.R.S. § 6179 — ME Code / Title 32 / Chapter 80-A / Section 6179
32 §6179. Prohibited acts
Status: in_force

A debt management service provider may not: [PL 1999, c. 560, §3 (NEW).]

1. Purchase debt. Purchase any debt or obligation of a consumer; [PL 1999, c. 560, §3 (NEW).]

2. Lend money. Lend money or provide credit to any consumer; [PL 1999, c. 560, §3 (NEW).]

3. Mortgage interest . Obtain a mortgage or other security interest in property of a consumer; [PL 1999, c. 560, §3 (NEW).]

4. Debt collector. Operate as a debt collector in this State, as defined in section 11002, subsection 6 ; or [PL 1999, c. 560, §3 (NEW).]

5. Negative amortization. Structure an agreement for the consumer that, at the conclusion of the projected term for the consumer's participation in the debt management service agreement, would result in negative amortization of any of the consumer's obligations to creditors. [PL 1999, c. 560, §3 (NEW).]
32 M.R.S. § 18515 — ME Code / Title 32 / Chapter 145 / Section 18515
32 §18515. Organization and operation of the interstate commission
Status: in_force

1. Bylaws. The interstate commission shall, by a majority of commissioners present and voting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the compact within 12 months of the first interstate commission meeting. [PL 2017, c. 253, §7 (NEW).]

2. Officers. The interstate commission shall elect or appoint annually from among its commissioners a chair, a vice-chair and a treasurer, each of whom has the authority and duties as specified in the bylaws. The chair, or, in the chair's absence or disability, the vice-chair, shall preside at all meetings of the interstate commission. [PL 2017, c. 475, Pt. A, §55 (AMD).]

3. Remuneration. Officers selected in subsection 2 serve without remuneration from the interstate commission. [PL 2017, c. 253, §7 (NEW).]

4. Immunity and liability. An officer or employee of the interstate commission is immune from suit and liability, either personally or in that person's official capacity, for a claim for damage to or loss of property or personal injury or other civil liability caused or arising out of, or relating to, an actual or alleged act, error or omission that occurred, or that that officer or employee has a reasonable basis for believing occurred, within the scope of interstate commission employment, duties or responsibilities, except that that officer or employee is not protected from suit or liability for damage, loss, injury or liability caused by the intentional or willful and wanton misconduct of that officer or employee. A. The liability of the executive director or an employee or representative of the interstate commission, acting within the scope of that executive director's, representative's or employee's employment or duties for acts, errors or omissions occurring within that executive director's, representative's or employee's state may not exceed the limits of liability set forth under the constitution and laws of that state for state officials, employees and agents. The interstate commission is considered to be an instrumentality of the states for the purposes of any action to enforce liability. Nothing in this paragraph may be construed to protect a person from suit or liability for damage, loss or injury caused by the intentional or willful and wanton misconduct of the executive director, representative or employee. [PL 2017, c. 253, §7 (NEW).] B. The interstate commission shall defend the executive director, an employee and, subject to the approval of the attorney general or other appropriate legal counsel of the member state, an interstate commission representative in any civil action seeking to impose liability arising out of an actual or alleged act, error or omission that occurred or that the defendant had a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of the executive director, employee or representative. [PL 2017, c. 253, §7 (NEW).] C. To the extent not covered by the state involved, a member state or the interstate commission, a representative or employee of the interstate commission must be held harmless in the amount of a settlement or judgment, including attorney's fees and costs, obtained against that person arising out of an actual or alleged act, error or omission that occurred or that that representative or employee has a reasonable basis for believing occurred within the scope of interstate commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from intentional or willful and wanton misconduct on the part of that representative or employee. [PL 2017, c. 253, §7 (NEW).] [PL 2017, c. 253, §7 (NEW).]
32 M.R.S. § 3842 — ME Code / Title 32 / Chapter 56 / Section 3842
32 §3842. Definitions - Article 2
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 331, §1 (NEW).]

1. Adverse action. "Adverse action" means any action taken by a state psychology regulatory authority that is identified by the state psychology regulatory authority as discipline for a violation of a statute or regulation and that is a matter of public record. [PL 2021, c. 331, §1 (NEW).]

2. Association of State and Provincial Psychology Boards. "Association of State and Provincial Psychology Boards" means the recognized membership organization composed of state and provincial psychology regulatory authorities responsible for the licensure and registration of psychologists throughout the United States and Canada. [PL 2021, c. 331, §1 (NEW).]

3. Authority to practice interjurisdictional telepsychology. "Authority to practice interjurisdictional telepsychology" means a licensed psychologist's authority to practice telepsychology within the limits authorized under this compact in another compact state. [PL 2021, c. 331, §1 (NEW).]

4. Bylaws. "Bylaws" means the bylaws established by the commission pursuant to section 3850 for its governance or for directing and controlling its actions and conduct. [PL 2021, c. 331, §1 (NEW).]

5. Client. "Client" means the recipient of psychological services, whether psychological services are delivered in the context of health care, corporate, supervision or consulting services. [PL 2021, c. 331, §1 (NEW).]

6. Commission. "Commission" means the Psychology Interjurisdictional Compact Commission established by section 3850 , which is the governing body of the compact. [PL 2021, c. 331, §1 (NEW).]

7. Commissioner. "Commissioner" means the voting representative appointed by each state psychology regulatory authority pursuant to section 3850 . [PL 2021, c. 331, §1 (NEW).]

8. Compact state. "Compact state" means a state, the District of Columbia or a United States territory that has enacted the compact and that has not withdrawn pursuant to section 3850‑C, subsection 3 or has not been terminated pursuant to section 3850‑B, subsection 2 . [PL 2021, c. 331, §1 (NEW).]

9. Confidential. "Confidential" means the principle that data or information is not made available or disclosed to unauthorized persons or processes. [PL 2021, c. 331, §1 (NEW).]

10. Coordinated database. "Coordinated database" means the coordinated licensure information system described in section 3849 , which is an integrated process for collecting, storing and sharing information on psychologists' licensure and enforcement activities related to psychology licensure laws. [PL 2021, c. 331, §1 (NEW).]

11. Day. "Day" means any part of a day in which psychological services are performed. [PL 2021, c. 331, §1 (NEW).]

12. Distant state. "Distant state" means a compact state where a psychologist is physically present, not through the use of telecommunications technologies, to provide temporary in-person, face-to-face psychological services. [PL 2021, c. 331, §1 (NEW).]

13. E-passport. "E-passport" means a certificate issued by the Association of State and Provincial Psychology Boards that promotes the standardization in the criteria of interjurisdictional telepsychology practice and facilitates the process for licensed psychologists to provide telepsychological services across state lines. [PL 2021, c. 331, §1 (NEW).]

14. Executive board. "Executive board" means a group of directors elected or appointed to act on behalf of, and within the powers granted to them by, the commission pursuant to section 3850, subsection 5 . [PL 2021, c. 331, §1 (NEW).]

15. Home state. "Home state" means a compact state where a psychologist is licensed to practice psychology. If the psychologist is licensed in more than one compact state and is practicing under the authority to practice interjurisdictional telepsychology, the home state is the compact state where the psychologist is physically present when the telepsychological services are delivered. If the psychologist is licensed in more than one compact state and is practicing under the temporary authorization to practice pursuant to section 3845 , the home state is any compact state where the psychologist is licensed. [PL 2021, c. 331, §1 (NEW).]

16. Identity history summary. "Identity history summary" means a summary of information retained by the Federal Bureau of Investigation or other designee with similar authority in connection with arrests and, in some instances, federal employment, naturalization or military service. [PL 2021, c. 331, §1 (NEW).]

17. In-person, face-to-face. "In-person, face-to-face" means interactions in which the psychologist and the client are in the same physical space and does not include interactions that may occur through the use of telecommunications technologies. [PL 2021, c. 331, §1 (NEW).]

18. Interjurisdictional practice certificate. "Interjurisdictional practice certificate" means a certificate issued by the Association of State and Provincial Psychology Boards that grants temporary authorization to practice based on notification to the state psychology regulatory authority of intention to practice temporarily and verifies the qualifications for such practice. [PL 2021, c. 331, §1 (NEW).]

19. License. "License" means authorization by a state psychology regulatory authority to engage in the independent practice of psychology. [PL 2021, c. 331, §1 (NEW).]

20. Non-compact state. "Non-compact state" means any state that is not a compact state. [PL 2021, c. 331, §1 (NEW).]

21. Psychologist. "Psychologist" means an individual licensed for the independent practice of psychology. [PL 2021, c. 331, §1 (NEW).]

22. Receiving state. "Receiving state" means a compact state where the client is physically located when telepsychological services are delivered. [PL 2021, c. 331, §1 (NEW).]

23. Rule. "Rule" means a written statement by the commission, promulgated pursuant to section 3850‑A , that is of general applicability, implements, interprets or prescribes a policy or provision of the compact or an organizational, procedural or practice requirement of the commission. A rule has the force and effect of statutory law in a compact state and includes the amendment, repeal or suspension of an existing rule. [PL 2021, c. 331, §1 (NEW).]

24. Significant investigatory information. "Significant investigatory information" means either: A. Investigative information that a state psychology regulatory authority, after a preliminary inquiry that includes notification and an opportunity to respond if required by state law, has reason to believe, if proven true, would indicate more than a violation of state statute or ethics code that would be considered more substantial than a minor infraction; or [PL 2021, c. 331, §1 (NEW).] B. Investigative information that indicates that a psychologist represents an immediate threat to public health and safety regardless of whether the psychologist has been notified and had an opportunity to respond. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

25. State. "State" means a state, the District of Columbia or a territory of the United States. [PL 2021, c. 331, §1 (NEW).]

26. State psychology regulatory authority. "State psychology regulatory authority" means the board, office or other agency with the legislative mandate to license and regulate the practice of psychology. [PL 2021, c. 331, §1 (NEW).]

27. Telepsychology. "Telepsychology" means the provision of psychological services using telecommunications technologies. [PL 2021, c. 331, §1 (NEW).]

28. Temporary authorization to practice. "Temporary authorization to practice" means a licensed psychologist's authority to provide temporary in-person, face-to-face practice within the limits authorized under this compact in another compact state. [PL 2021, c. 331, §1 (NEW).]

29. Temporary in-person, face-to-face practice. "Temporary in-person, face-to-face practice" means the practice of psychology when a psychologist is physically present in a distant state to provide services for 30 days within a calendar year and is based on notification to the distant state. "Temporary in-person face-to-face practice" does not include the use of telecommunications technologies. [PL 2021, c. 331, §1 (NEW).]

Revisor's Note: §3842. Telehealth services permitted (As enacted by PL 2021, c. 291, Pt. B, §11 is REALLOCATED TO TITLE 32, SECTION 3850-F)
32 M.R.S. § 453 — ME Code / Title 32 / Chapter 9 / Section 453
32 §453. Legally licensed practitioners of other schools or professions not affected
Status: in_force

This chapter may not be construed to: restrain or restrict legally licensed physicians, surgeons, dentists, osteopaths, physical therapists or nurses in the practice of their professions; apply to masseurs in their particular sphere of labor who publicly represent themselves as masseurs; apply to a commissioned medical officer in the United States Army or Public Health Service in the performance of duties; or prohibit gratuitous service or the rendering of assistance to emergency cases. [PL 1993, c. 600, Pt. A, §40 (AMD).]
32 M.R.S. § 13800-A — ME Code / Title 32 / Chapter 117 / Section 13800-A
32 §13800-A. Liability for product of another; exemption
Status: in_force

A manufacturer or wholesaler licensed under section 13758 is not liable for injuries alleged to have been caused by the failure to include adequate safety warnings on a product's label or by a defect in the product's design if: [PL 2017, c. 434, §5 (NEW).]

1. Access to distributed drugs. The manufacturer or wholesaler has made the product distributed in this State available to an eligible product developer in accordance with section 13800 ; and [PL 2017, c. 434, §5 (NEW).]

2. Manufactured or sold by another. The product was not manufactured or sold by that manufacturer or wholesaler. [PL 2017, c. 434, §5 (NEW).]
32 M.R.S. § 9910 — ME Code / Title 32 / Chapter 104 / Section 9910
32 §9910. Denial or refusal to renew license; disciplinary action
Status: in_force

The board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for any of the reasons enumerated in Title 10, section 8003, subsection 5‑A, paragraph A . [PL 2007, c. 402, Pt. Y, §7 (NEW).]

1. Complaints. [PL 2007, c. 402, Pt. Y, §7 (RP).]

2. Disciplinary actions; grounds. [PL 2007, c. 402, Pt. Y, §7 (RP).]

3. Reinstatement. [PL 2004, c. 402, Pt. Y, §7 (RP).]
32 M.R.S. § 18231 — ME Code / Title 32 / Chapter 141 / Section 18231
32 §18231. Right of entry for professional land surveyor performing land surveying services
Status: in_force

When performing land surveying services at the request of a landowner or person with an interest in real estate, a professional land surveyor and the surveyor's assistant may, without the consent of the owner or person in possession, enter upon or cross any lands necessary to perform land surveying services. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]

1. No authority to intentionally damage or move object. Nothing in this section may be construed as giving authority or license to a professional land surveyor or the surveyor's assistant to intentionally destroy, injure, damage or move any object, chattel or item on the lands of another without the permission of the owner. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]

2. Civil liability for actual damage. This section may not be construed to remove civil liability for actual damage to land, chattel, crops or personal property. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]

3. No authority to enter building used as residence or for storage. This section may not be construed to give a professional land surveyor or the surveyor's assistant the authority to enter any building or structure used as a residence or for storage. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]

4. Reasonable effort to notify landowners. A professional land surveyor shall make reasonable effort to notify a landowner upon whose land it is necessary for the professional land surveyor to enter or cross. Notice provided as follows meets the requirement of this subsection: A. Written notice delivered by hand to the landowner or to the residence of the landowner upon whose land the surveyor may enter or cross, delivered at least 24 hours prior to the surveyor's entering the land; or [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).] B. Written notice mailed by first class mail to the landowner upon whose land the surveyor may enter or cross, postmarked at least 5 days prior to the surveyor's entering the land. The surveyor may rely on the address of the landowner as contained in the municipal property tax records or their equivalent. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).] [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]

5. Owner or occupant of land; duty of care; liability. The duty of care an owner or occupant of land owes to the professional land surveyor and the surveyor's assistant is the same as that owed a trespasser. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]

6. Professional land surveyor and assistant identification. A professional land surveyor and the surveyor's assistant shall carry means of proper identification as to their licensure or employment and shall display this identification to anyone requesting identification. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]

7. Compliance with safety regulations. A professional land surveyor and the surveyor's assistant shall comply with all federal and state safety rules and regulations that apply to the land that they enter or cross pursuant to this section. [PL 2013, c. 180, §5 (NEW); PL 2013, c. 180, §6 (AFF).]
32 M.R.S. § 2210 — ME Code / Title 32 / Chapter 31 / Section 2210
32 §2210. Requirements regarding prescription of opioid medication
Status: in_force

1. Limits on opioid medication prescribing. Except as provided in subsection 2 , an individual licensed under this chapter whose scope of practice includes prescribing opioid medication may not prescribe: A. To a patient any combination of opioid medication in an aggregate amount in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §13 (NEW).] B. To a patient who, on the effective date of this section, has an active prescription for opioid medication in excess of 100 morphine milligram equivalents of an opioid medication per day, an opioid medication in an amount that would cause that patient's total amount of opioid medication to exceed 300 morphine milligram equivalents of opioid medication per day; except that, on or after July 1, 2017, the aggregate amount of opioid medication prescribed may not be in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §13 (NEW).] C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of an opioid medication to a patient under treatment for chronic pain. "Chronic pain" has the same meaning as in Title 22, section 7246, subsection 1‑C ; or [PL 2015, c. 488, §13 (NEW).] D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of an opioid medication to a patient under treatment for acute pain unless the opioid product is labeled by the federal Food and Drug Administration to be dispensed only in a stock bottle that exceeds a 7-day supply as prescribed, in which case the amount dispensed may not exceed a 14-day supply. "Acute pain" has the same meaning as in Title 22, section 7246, subsection 1‑A . [PL 2017, c. 213, §12 (AMD).] [PL 2017, c. 213, §12 (AMD).]

2. Exceptions. An individual licensed under this chapter whose scope of practice includes prescribing opioid medication is exempt from the limits on opioid medication prescribing established in subsection 1 only: A. When prescribing opioid medication to a patient for: (1) Pain associated with active and aftercare cancer treatment; (2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph A , in conjunction with a serious illness, as defined in Title 22, section 1726, subsection 1, paragraph B ; (3) End-of-life and hospice care; (4) Medication-assisted treatment for substance use disorder; or (5) Other circumstances determined in rule by the Department of Health and Human Services; and [PL 2025, c. 37, §6 (AMD).] B. When directly ordering or administering a benzodiazepine or opioid medication to a person in an emergency room setting, an inpatient hospital setting, a long-term care facility or a residential care facility or in connection with a surgical procedure. As used in this paragraph, "administer" has the same meaning as in Title 22, section 7246, subsection 1‑B . [PL 2017, c. 213, §13 (AMD).] [PL 2025, c. 37, §6 (AMD).]

3. Electronic prescribing. An individual licensed under this chapter whose scope of practice includes prescribing opioid medication and who has the capability to electronically prescribe shall prescribe all opioid medication electronically by July 1, 2017. An individual who does not have the capability to electronically prescribe must request a waiver from this requirement from the Commissioner of Health and Human Services stating the reasons for the lack of capability, the availability of broadband infrastructure and a plan for developing the ability to electronically prescribe opioid medication. The commissioner may grant a waiver for circumstances in which exceptions are appropriate, including prescribing outside of the individual's usual place of business and technological failures. [PL 2015, c. 488, §13 (NEW).]

4. Continuing education. By December 31, 2017, an individual licensed under this chapter must successfully complete 3 hours of continuing education every 2 years on the prescription of opioid medication as a condition of prescribing opioid medication. The board shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 488, §13 (NEW).]

5. Penalties. An individual who violates this section commits a civil violation for which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be adjudged. The Department of Health and Human Services is responsible for the enforcement of this section. [PL 2015, c. 488, §13 (NEW).]

6. Opioid medication policy. No later than January 1, 2018, a health care entity that includes an individual licensed under this chapter whose scope of practice includes prescribing opioid medication must have in place an opioid medication prescribing policy that applies to all prescribers of opioid medications employed by the entity. The policy must include, but is not limited to, procedures and practices related to risk assessment, informed consent and counseling on the risk of opioid use. For the purposes of this subsection, "health care entity" has the same meaning as in Title 22, section 1718‑B, subsection 1, paragraph B . [PL 2017, c. 186, §1 (NEW).]
32 M.R.S. § 16301 — ME Code / Title 32 / Chapter 135 / Section 16301
32 §16301. Securities registration requirement
Status: in_force

It is unlawful for a person to offer or sell a security in this State unless: [PL 2005, c. 65, Pt. A, §2 (NEW).]

1. Federal covered security. The security is a federal covered security; [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Exempt from registration. The security, transaction or offer is exempted from registration under sections 16201 to 16203 ; or [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Registered. The security is registered under this chapter. [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 13800-B — ME Code / Title 32 / Chapter 117 / Section 13800-B
32 §13800-B. Prohibition on providing conversion therapy to minors
Status: in_force

An individual licensed under this chapter may not advertise, offer or administer conversion therapy to a minor. [PL 2019, c. 165, §30 (NEW).]
32 M.R.S. § 18565 — ME Code / Title 32 / Chapter 147 / Section 18565
32 §18565. Construction and severability
Status: in_force

This compact may be liberally construed so as to effectuate the purposes thereof. The provisions of this compact must be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any member state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance is not affected thereby. If this compact is held contrary to the constitution of any member state, the compact remains in full force and effect as to the remaining member states and in full force and effect as to the member state affected as to all severable matters. [PL 2021, c. 547, §1 (NEW).]
32 M.R.S. § 9414 — ME Code / Title 32 / Chapter 93 / Section 9414
32 §9414. Powers of the commissioner
Status: in_force

1. Subpoenas. In any investigation conducted by the commissioner under this chapter, the commissioner may issue subpoenas to compel the attendance of witnesses and the production of evidence relevant to any fact in issue. [PL 1981, c. 113, §2 (NEW).]

2. Contempt. If a witness refuses to obey a subpoena or to give any evidence relevant to proper inquiry by the commissioner, the Attorney General may petition the Superior Court in the county where the refusal occurred to find the witness in contempt. The Attorney General shall cause to be served on the witness an order requiring him to appear before the Superior Court to show cause why he should not be adjudged in contempt. The court shall, in a summary manner, hear the evidence and, if it is such as to warrant him to do so, punish the witness in the same manner and to the same extent as for contempt committed before the Superior Court or with reference to the process of the Superior Court. [PL 1981, c. 113, §2 (NEW).]

3. Rules. The commissioner shall adopt all rules necessary to administer this chapter. [PL 1981, c. 113, §2 (NEW).]

4. Expenses. The fees required under this chapter shall be applied to the expense of administering this chapter. [PL 1981, c. 113, §2 (NEW).]
32 M.R.S. § 7381 — ME Code / Title 32 / Chapter 86 / Section 7381
32 §7381. License application
Status: in_force

1. Application. An application for a polygraph examiner license or polygraph examiner intern license must: A. Be complete and made to the commissioner, in the manner and including the information prescribed by the commissioner; and [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).] B. Be accompanied by a nonrefundable fee in the amount of: (1) For an initial polygraph examiner license, $100; (2) For a renewal of a polygraph examiner license, $100; and (3) For a polygraph examiner intern license, $50. [PL 2015, c. 316, §5 (RPR).] [PL 2015, c. 316, §5 (AMD).]

2. Term of initial and renewal polygraph examiner license. An initial polygraph examiner license is valid for a period of 2 years and may be renewed. Each renewal polygraph examiner license is valid for a period of 4 years. [PL 2015, c. 316, §6 (AMD).]

3. Term of polygraph examiner intern license. A polygraph examiner intern license expires on the first anniversary of the date of issuance and may be renewed once. After the expiration of the original term of a polygraph examiner intern license and renewal of that license granted by the commissioner, an intern may not hold another polygraph examiner intern license before the first anniversary of the date the intern's previous polygraph examiner intern license expired. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

4. Sole authority. The commissioner has sole authority to issue a license under this chapter. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
32 M.R.S. § 3845 — ME Code / Title 32 / Chapter 56 / Section 3845
32 §3845. Compact temporary authorization to practice - Article 5
Status: in_force

1. Temporary authorization to practice. Compact states shall recognize the right of a psychologist licensed in a compact state in conformance with section 3843 to practice temporarily in distant states in which the psychologist is not licensed, as provided in the compact. [PL 2021, c. 331, §1 (NEW).]

2. Conditions to exercise authority. To exercise the temporary authorization to practice under the terms and provisions of this compact, a psychologist licensed to practice in a compact state must: A. Hold a graduate degree in psychology from an institute of higher education that was, at the time the degree was awarded: (1) Regionally accredited by an accrediting body recognized by the United States Department of Education to grant graduate degrees or authorized by provincial statute or royal charter to grant doctoral degrees; or (2) A foreign college or university determined to satisfy subparagraph (1) by a foreign credential evaluation service that is a member of the National Association of Credential Evaluation Services or by a recognized foreign credential evaluation service; [PL 2021, c. 331, §1 (NEW).] B. Hold a graduate degree in psychology that meets the following criteria: (1) The program, wherever it may be administratively housed, must be clearly identified and labeled as a psychology program. Such a program must specify in pertinent institutional catalogues and brochures its intent to educate and train professional psychologists; (2) The program must stand as a recognizable, coherent, organizational entity within the institution; (3) There must be a clear authority and primary responsibility for the core and specialty areas whether or not the program cuts across administrative lines; (4) The program must consist of an integrated, organized sequence of study; (5) There must be an identifiable psychology faculty sufficient in size and breadth to carry out its responsibilities; (6) The designated director of the program must be a psychologist and a member of the core faculty; (7) The program must have an identifiable body of students who are matriculated in that program for a degree; (8) The program must include supervised practicum, internship or field training appropriate to the practice of psychology; (9) The curriculum must encompass a minimum of 3 academic years of full-time graduate study for doctoral degrees and a minimum of one academic year of full-time graduate study for master's degrees; and (10) The program must include an acceptable residency as defined by the rules; [PL 2021, c. 331, §1 (NEW).] C. Possess a current, full and unrestricted license to practice psychology in a home state that is a compact state; [PL 2021, c. 331, §1 (NEW).] D. Have no history of adverse actions that violate the rules; [PL 2021, c. 331, §1 (NEW).] E. Have no criminal history record that violates the rules; [PL 2021, c. 331, §1 (NEW).] F. Possess a current, active interjurisdictional practice certificate; [PL 2021, c. 331, §1 (NEW).] G. Provide attestations in regard to areas of intended practice and work experience and provide a release of information to allow for primary source verification in a manner specified by the commission; and [PL 2021, c. 331, §1 (NEW).] H. Meet other criteria as defined by the rules. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

3. Scope of practice. A psychologist practicing in a distant state under the temporary authorization to practice shall practice within the scope of practice authorized by the distant state. [PL 2021, c. 331, §1 (NEW).]

4. Authority of distant state. A psychologist practicing in a distant state under the temporary authorization to practice is subject to the distant state's authority and law. A distant state may, in accordance with that state's due process law, limit or revoke a psychologist's temporary authorization to practice in the distant state and may take any other necessary actions under the distant state's applicable law to protect the health and safety of the distant state's citizens. If a distant state takes action, the distant state shall promptly notify the home state and the commission. [PL 2021, c. 331, §1 (NEW).]

5. Revocation. If a psychologist's license in any home state or another compact state or any temporary authorization to practice in any distant state is restricted, suspended or otherwise limited, the interjurisdictional practice certificate must be revoked and the psychologist is not eligible to practice in a compact state under the temporary authorization to practice. [PL 2021, c. 331, §1 (NEW).]

Revisor's Note: §3845. Rulemaking (As enacted by PL 2021, c. 291, Pt. B, §11 is REALLOCATED TO TITLE 32, SECTION 3850-I)
32 M.R.S. § 18345 — ME Code / Title 32 / Chapter 143 / Section 18345
32 §18345. Dental hygienist
Status: in_force

1. Dental hygienist license. Except as provided in section 18347 , an applicant for a dental hygienist license must comply with section 18341 and must provide: A. Verification of having successfully passed all examinations required by board rule and one of the following: (1) Verification of an associate degree or higher in dental hygiene from a program accredited by the American Dental Association Commission on Dental Accreditation or its successor organization or the educational equivalent of a dental hygiene degree, as determined by the board; or (2) Verification of having completed at least 1/2 of the prescribed course of study in an accredited dental college as a dental student. [PL 2021, c. 163, §6 (AMD).] [PL 2021, c. 163, §6 (AMD).]

2. Additional authority. A dental hygienist licensed under this section or section 18347 who applies for additional authority must comply with section 18341 and must provide: A. For independent practice dental hygienist authority, verification of 2,000 work hours of clinical practice. For purposes of meeting the clinical practice requirements of this paragraph, the applicant's hours in a private dental practice or nonprofit setting under the supervision of a dentist may be included as well as the applicant's hours as a public health dental hygienist or, prior to July 29, 2016, as a dental hygienist with public health supervision status; [PL 2017, c. 139, §1 (AMD).] B. For public health dental hygienist authority: (1) A copy of the written agreement between the applicant and a supervising dentist that outlines the roles and responsibilities of the parties, which must include, but is not limited to, the level of supervision provided by the dentist, the practice settings, the standing orders and the coordination and collaboration that each party must undertake if additional patient care is needed; and (2) Verification that the services will be offered in a public health setting; [PL 2015, c. 429, §21 (NEW).] C. For dental therapist authority: (2) Verification of a master's degree in dental therapy from a school accredited by the American Dental Association Commission on Dental Accreditation or its successor organization or a master's degree in dental therapy from a program that meets the requirements adopted by board rule consistent with the accreditation standards identified by the American Dental Association Commission on Dental Accreditation or its successor organization; (3) Verification of passing a clinical examination and all other examinations required by board rule. The clinical examination must be a comprehensive, competency-based clinical examination approved by the board and administered independently of an institution providing dental therapy education; (4) Verification of having engaged in 2,000 hours of supervised clinical practice under the supervision of a dentist and in conformity with rules adopted by the board, during which supervised clinical practice the applicant is authorized to practice pursuant to paragraph F . For purposes of meeting the clinical requirements of this subparagraph, an applicant's hours of supervised clinical experience completed under the supervision of a dentist licensed in another state or a Canadian province may be included, as long as the applicant was operating lawfully under the laws and rules of that state or province; and (5) A copy of the written practice agreement and standing orders required by section 18377, subsection 3 . [PL 2021, c. 44, §§1-3 (AMD).] D. For local anesthesia authority: (1) Verification of having successfully completed a course of study required by board rule; and (2) Verification of passing all examinations required by board rule; [PL 2015, c. 429, §21 (NEW).] E. For nitrous oxide analgesia authority: (1) Verification of having successfully completed a course of study required by board rule; and (2) Verification of passing all examinations required by board rule; and [PL 2015, c. 429, §21 (NEW).] F. For provisional dental therapist authority: (1) Verification of meeting the requirements of paragraph C , subparagraphs (2) and (3); and (2) A copy of the written agreement between the applicant and a dentist who will provide direct supervision for the procedures outlined in section 18377, subsection 1, paragraph A and general supervision for the procedures outlined in section 18377, subsection 1, paragraph B in conformity with rules adopted by the board. During the period of provisional authority the applicant may be compensated for services performed as a dental therapist. The period of provisional authority may not exceed 3 years. [PL 2023, c. 354, §3 (AMD).] [PL 2023, c. 354, §3 (AMD).]

3. Faculty dental hygiene license. An applicant for a faculty dental hygienist license must comply with section 18341 and must provide: A. Verification of an active dental hygiene license in good standing issued under the laws of another state, a United States territory, a foreign nation or a foreign administrative division that issues licenses in the dental professions; and [PL 2021, c. 163, §7 (AMD).] B. Credentials, satisfactory to the board, including a letter from the employing school of dentistry, dental hygiene or denturism indicating that the applicant satisfies the credentialing standards of the school and that the applicant will teach: (1) Dental hygiene or denturism in this State as part of a clinical and didactic program for professional education for dental students and dental residents accredited by the American Dental Association Commission on Dental Accreditation or a successor organization approved by the board; (2) Dental hygiene in this State as part of a clinical and didactic program for professional education for dental hygiene students and dental hygiene residents accredited by the American Dental Association Commission on Dental Accreditation or a successor organization approved by the board; or (3) Denturism in this State as part of a board-approved clinical and didactic program for professional education for denturism students. [PL 2015, c. 429, §21 (NEW).] [PL 2021, c. 163, §7 (AMD).]
32 M.R.S. § 12202 — ME Code / Title 32 / Chapter 113 / Section 12202
32 §12202. Unlicensed persons or firms
Status: in_force

Anyone may practice accounting and engage in services which involve accounting or auditing skills, including management advisory or consulting services, the preparation of tax returns and the furnishing of advice on tax matters, provided that no one except a licensee may: [PL 1987, c. 489, §2 (NEW).]

1. Represent or appear to represent that he is a licensee as defined in section 12201, subsection 6 ; or [PL 1987, c. 489, §2 (NEW).]

2. Issue a report as defined in section 12201, subsection 10‑A , except those persons described in section 12275, subsection 1, paragraphs A and B . [PL 2015, c. 110, §6 (AMD).]
32 M.R.S. § 13752-A — ME Code / Title 32 / Chapter 117 / Section 13752-A
32 §13752-A. Site inspection required
Status: in_force

1. Opening facility. Pharmacies licensed pursuant to this subchapter may open and operate the facility only: A. Upon the approval of the board or its representative; or [PL 2007, c. 402, Pt. DD, §25 (AMD).] B. Upon the pharmacist in charge certifying to the board, on forms prescribed by the board, that the facility is secure, suitable for operation as a pharmacy and in compliance with applicable federal and state laws, rules and regulations governing the practice of pharmacy. [PL 2007, c. 402, Pt. DD, §25 (AMD).] [PL 2007, c. 402, Pt. DD, §25 (AMD).]

2. Facility inspection. Licensed pharmacies that open and operate pursuant to subsection 1, paragraph B must be inspected by a member of the board or its representative within 30 days of opening. Facilities that are found to be insecure, not suitable for operation as a pharmacy or not in compliance with applicable federal and state laws, rules and regulations governing the practice of pharmacy are subject to a board-ordered emergency revocation of the license. The pharmacy may not operate after revocation. The emergency revocation is a final agency action and is not subject to judicial review, but a new application for licensure may be submitted pursuant to section 13752 , and if approved, a site inspection must be performed pursuant to subsection 1, paragraph A . [PL 2007, c. 402, Pt. DD, §25 (AMD).]
32 M.R.S. § 16521 — ME Code / Title 32 / Chapter 135 / Section 16521
32 §16521. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2021, c. 576, §1 (NEW).]

1. Claimant. "Claimant" means a victim that files an application for restitution assistance under this subchapter. "Claimant" includes the named party in a restitution award in a final order, the executor of a named party in a restitution award in a final order, the heirs and assigns of a named party in a restitution award in a final order and any other person with lawful authority to act for or on behalf of a named party in a restitution award in a final order. [PL 2021, c. 576, §1 (NEW).]

2. Eligible adult. "Eligible adult" means: A. An individual 65 years of age or older; or [PL 2021, c. 576, §1 (NEW).] B. An individual protected under the Adult Protective Services Act. [PL 2021, c. 576, §1 (NEW).] [PL 2021, c. 576, §1 (NEW).]

3. Final order. "Final order" means a final order issued by the administrator under this chapter or a final order issued by a court in a legal action initiated by the administrator under this chapter. [PL 2021, c. 576, §1 (NEW).]

4. Fund. "Fund" means the Securities Restitution Assistance Fund established under section 16522. [PL 2021, c. 576, §1 (NEW).]

5. Securities violation. "Securities violation" means a violation of this chapter and any rules adopted pursuant to this chapter. [PL 2021, c. 576, §1 (NEW).]

6. Victim. "Victim" means a person that suffered monetary injury as a result of a securities violation and was awarded restitution in a final order. [PL 2021, c. 576, §1 (NEW).]
32 M.R.S. § 3270-G — ME Code / Title 32 / Chapter 48 / Section 3270-G
32 §3270-G. Physician associates; scope of practice and agreement requirements
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Collaborative agreement" means a document agreed to by a physician associate and a physician that describes the scope of practice for the physician associate as determined by practice setting and describes the decision-making process for a health care team, including communication and consultation among health care team members. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).] B. "Consultation" means engagement in a process in which members of a health care team use their complementary training, skill, knowledge and experience to provide the best care for a patient. [PL 2019, c. 627, Pt. B, §17 (NEW).] C. "Health care team" means 2 or more health care professionals working in a coordinated, complementary and agreed-upon manner to provide quality, cost-effective, evidence-based care to a patient and may include a physician, physician associate, advanced practice nurse, nurse, physical therapist, occupational therapist, speech therapist, social worker, nutritionist, psychotherapist, counselor or other licensed professional. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).] D. "Physician" means a person licensed as a physician under this chapter or chapter 36 . [PL 2019, c. 627, Pt. B, §17 (NEW).] E. "Physician associate" means a person licensed under section 2594‑E or 3270‑E . [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).] F. "Practice agreement" means a document agreed to by a physician associate who is the principal clinical provider in a practice and a physician that states the physician will be available to the physician associate for collaboration or consultation. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).] G. "Prescription or legend drug" has the same meaning as "prescription drug" in section 13702‑A, subsection 30 and includes schedule II to schedule V drugs or other substances under the federal Controlled Substances Act, 21 United States Code, Section 812. [PL 2019, c. 627, Pt. B, §17 (NEW).] [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).]

2. Scope of practice. A physician associate may provide any medical service for which the physician associate has been prepared by education, training and experience and is competent to perform. The scope of practice of a physician associate is determined by practice setting, including, but not limited to, a physician employer setting, physician group practice setting or independent private practice setting, or, in a health care facility setting, by a system of credentialing and granting of privileges. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).]

3. Dispensing drugs. Except for distributing a professional sample of a prescription or legend drug, a physician associate who dispenses a prescription or legend drug: A. Shall comply with all relevant federal and state laws and federal regulations and state rules; and [PL 2019, c. 627, Pt. B, §17 (NEW).] B. May dispense the prescription or legend drug only when: (1) A pharmacy service is not reasonably available; (2) Dispensing the drug is in the best interests of the patient; or (3) An emergency exists. [PL 2019, c. 627, Pt. B, §17 (NEW).] [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).]

4. Consultation. A physician associate shall, as indicated by a patient's condition, the education, competencies and experience of the physician associate and the standards of care, consult with, collaborate with or refer the patient to an appropriate physician or other health care professional. The level of consultation required under this subsection is determined by the practice setting, including a physician employer, physician group practice, or private practice, or by the system of credentialing and granting of privileges of a health care facility. A physician must be accessible to the physician associate at all times for consultation. Consultation may occur electronically or through telecommunication and includes communication, task sharing and education among all members of a health care team. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).]

5. Collaborative agreement requirements. A physician associate with less than 4,000 hours of clinical practice documented to the board shall work in accordance with a collaborative agreement with an active physician that describes the physician associate's scope of practice, except that a physician associate working in a physician group practice setting or a health care facility setting under a system of credentialing and granting of privileges and scope of practice agreement may use that system of credentialing and granting of privileges and scope of practice agreement in lieu of a collaborative agreement. A physician associate is legally responsible and assumes legal liability for any medical service provided by the physician associate in accordance with the physician associate's scope of practice under subsection 2 and a collaborative agreement under this subsection. Under a collaborative agreement, collaboration may occur through electronic means and does not require the physical presence of the physician at the time or place that the medical services are provided. A physician associate shall submit the collaborative agreement, or, if appropriate, the scope of practice agreement, to the board for approval and the agreement must be kept on file at the main location of the place of practice and be made available to the board or the board's representative upon request. Upon submission to the board of documentation of 4,000 hours of clinical practice, a physician associate is no longer subject to the requirements of this subsection. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).]

6. Practice agreement requirements. A physician associate who has more than 4,000 hours of clinical practice may be the principal clinical provider in a practice that does not include a physician partner as long as the physician associate has a practice agreement with an active physician, and other health care professionals as necessary, that describes the physician associate's scope of practice. A physician associate is legally responsible and assumes legal liability for any medical service provided by the physician associate in accordance with the physician associate's scope of practice under subsection 2 and a practice agreement under this subsection. A physician associate shall submit the practice agreement to the board for approval and the agreement must be kept on file at the main location of the physician associate's practice and be made available to the board or the board's representative upon request. Upon any change in the parties to the practice agreement or other substantive change in the practice agreement, the physician associate shall submit the revised practice agreement to the board for approval. Under a practice agreement, consultation may occur through electronic means and does not require the physical presence of the physician or other health care providers who are parties to the agreement at the time or place that the medical services are provided. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).]

7. Construction. To address the need for affordable, high-quality health care services throughout the State and to expand, in a safe and responsible manner, access to health care providers such as physician associates, this section must be liberally construed to authorize physician associates to provide health care services to the full extent of their education, training and experience in accordance with their scopes of practice as determined by their practice settings. [PL 2019, c. 627, Pt. B, §17 (NEW); PL 2025, c. 316, §3 (REV).]
32 M.R.S. § 9911 — ME Code / Title 32 / Chapter 104 / Section 9911
32 §9911. Fees
Status: in_force

The Director of the Office of Professional and Occupational 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 $200. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 402, Pt. Y, §8 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]

1. Amount. [PL 2007, c. 402, Pt. Y, §8 (RP).]

2. Deposit of fees. [PL 2007, c. 402, Pt. Y, §8 (RP).]
32 M.R.S. § 2594-A — ME Code / Title 32 / Chapter 36 / Section 2594-A
32 §2594-A. Assistants; delegating authority
Status: in_force

This chapter may not be construed as prohibiting a physician from delegating to the physician's employees or support staff certain activities relating to medical care and treatment carried out by custom and usage when these activities are under the control of the physician; the activities being delegated do not, unless otherwise provided by law, require a license, registration or certification to perform; the physician ensures that the employees or support staff have the appropriate training, education and experience to perform these delegated activities; and the physician ensures that the employees or support staff perform these delegated activities competently and safely. The physician delegating these activities to employees or support staff, to program graduates or to participants in an approved training program is legally liable for the activities of those individuals, and any individual in this relationship is considered the physician's agent. Nothing contained in this section may be construed to apply to registered nurses acting pursuant to chapter 31 and licensed physician associates acting pursuant to this chapter or chapter 48 . [PL 2023, c. 132, §2 (AMD); PL 2025, c. 316, §3 (REV).]

When the delegated activities are part of the practice of optometry as defined in chapter 151 , then the individual to whom these activities are delegated must possess a valid license to practice optometry in Maine or otherwise may perform only as a technician within the established office of a physician and may act solely on the order of and under the responsibility of a physician skilled in the treatment of eyes as designated by the proper professional board and without assuming evaluation or interpretation of examination findings by prescribing corrective procedures to preserve, restore or improve vision. [PL 2023, c. 580, §5 (AMD).]
32 M.R.S. § 18512 — ME Code / Title 32 / Chapter 145 / Section 18512
32 §18512. Interstate medical licensure compact commission
Status: in_force

1. Commission established. The Interstate Medical Licensure Compact Commission is established. [PL 2017, c. 253, §7 (NEW).]

2. Duties. The interstate commission shall administer the Interstate Medical Licensure Compact. [PL 2017, c. 253, §7 (NEW).]

3. Powers. The interstate commission is a body corporate and joint agency of the member states and has all the responsibilities, powers and duties set forth in the compact and such additional powers as may be conferred upon it by a subsequent concurrent action of the respective legislatures of the member states in accordance with the terms of the compact. [PL 2017, c. 253, §7 (NEW).]

4. Membership. The interstate commission consists of 2 voting representatives appointed by each member state, who serve as commissioners. In states where allopathic and osteopathic physicians are regulated by separate member boards, or if the licensing and disciplinary authority is split between multiple member boards within a member state, the member state shall appoint one representative from each member board. A commissioner must: A. Be an allopathic or osteopathic physician appointed to a member board; [PL 2017, c. 253, §7 (NEW).] B. Be an executive director, executive secretary or similar executive of a member board; or [PL 2017, c. 253, §7 (NEW).] C. Be a member of the public appointed to a member board. [PL 2017, c. 253, §7 (NEW).] [PL 2017, c. 253, §7 (NEW).]

5. Meetings; officers. The interstate commission shall meet at least once each calendar year to address such matters as may properly come before the commission, including the election of officers including the chair. The chair may call additional meetings and shall call for a meeting upon the request of a majority of the member states. [PL 2017, c. 253, §7 (NEW).]

6. Telecommunication or electronic communication. The bylaws of the commission may provide for meetings to be conducted by telecommunication or electronic communication. [PL 2017, c. 253, §7 (NEW).]

7. Quorum. A commissioner participating at a meeting of the interstate commission is entitled to one vote. A majority of commissioners constitutes a quorum for the transaction of business, unless a larger quorum is required by the bylaws of the interstate commission. A commissioner may not delegate a vote to another commissioner. In the absence of its commissioner, a member state may delegate voting authority for a specified meeting to another person from that state who meets the requirements of subsection 4 . [PL 2017, c. 253, §7 (NEW).]

8. Public notice. The interstate commission shall provide public notice of all meetings, and all meetings must be open to the public. The interstate commission may close a meeting, in full or in portion, if it determines by a 2/3 vote of the commissioners present that an open meeting would be likely to: A. Relate solely to the internal personnel practices and procedures of the interstate commission; [PL 2017, c. 253, §7 (NEW).] B. Discuss matters specifically exempted from disclosure by federal statute; [PL 2017, c. 253, §7 (NEW).] C. Discuss trade secrets or commercial or financial information that is privileged or confidential; [PL 2017, c. 253, §7 (NEW).] D. Involve accusing a person of a crime or formally censuring a person; [PL 2017, c. 253, §7 (NEW).] E. Discuss information of a personal nature the disclosure of which would constitute a clearly unwarranted invasion of personal privacy; [PL 2017, c. 253, §7 (NEW).] F. Discuss investigative records compiled for law enforcement purposes; or [PL 2017, c. 253, §7 (NEW).] G. Specifically relate to participation in a civil action or other legal proceeding. [PL 2017, c. 253, §7 (NEW).] [PL 2017, c. 253, §7 (NEW).]

9. Minutes. The interstate commission shall keep minutes that must fully describe all matters discussed in a meeting and provide a full and accurate summary of actions taken, including a record of any roll call votes. [PL 2017, c. 253, §7 (NEW).]

10. Public records. The interstate commission shall make its information and official records, to the extent not otherwise designated in the compact or by rules adopted by the interstate commission, available to the public for inspection. [PL 2017, c. 253, §7 (NEW).]

11. Executive committee. The interstate commission shall establish an executive committee, which must include officers, members and others as determined by the bylaws. The executive committee has the power to act on behalf of the interstate commission, with the exception of rulemaking, during periods when the interstate commission is not in session. When acting on behalf of the interstate commission, the executive committee shall oversee the administration of the compact, including enforcement of and compliance with the provisions of the compact and the interstate commission's bylaws and rules, and perform other such duties as necessary. [PL 2017, c. 253, §7 (NEW).]

12. Other committees. The interstate commission may establish other committees, in addition to the executive committee under subsection 11 , for governance and administration of the compact. [PL 2017, c. 253, §7 (NEW).]
32 M.R.S. § 11053 — ME Code / Title 32 / Chapter 109-A / Section 11053
32 §11053. Civil penalty
Status: in_force

Except for a civil action against a debt buyer, the superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $5,000 against any person who willfully violates this chapter. The superintendent may, through the Attorney General, bring a civil action for a penalty not to exceed $10,000 against a debt buyer who willfully violates this chapter. No civil penalty pursuant to this section may be imposed for violations of this chapter occurring more than 2 years before the civil action is brought. [PL 2017, c. 216, §8 (AMD); PL 2017, c. 216, §11 (AFF).]
32 M.R.S. § 13702-A — ME Code / Title 32 / Chapter 117 / Section 13702-A
32 §13702-A. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

1. Automated pharmacy systems. "Automated pharmacy systems" means mechanical systems that perform operations or activities, other than compounding, relative to the storage, packaging, labeling, dispensing or distribution of medications, and systems that collect, control and maintain all transactional information. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

1-A. Biological product. "Biological product" has the same meaning as in 42 United States Code, Section 262. [PL 2019, c. 34, §1 (NEW).]

2. Board. "Board" means the Maine Board of Pharmacy. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

2-A. Collaborative drug therapy management. "Collaborative drug therapy management" means the initiating, administering, monitoring, modifying and discontinuing of a patient's drug therapy by a pharmacist as authorized by a practitioner in accordance with a collaborative practice agreement. "Collaborative drug therapy management" includes collecting and reviewing patient histories; obtaining and checking vital signs, including pulse, temperature, blood pressure and respiration; and, under the supervision of, or in direct consultation with, a practitioner, ordering and evaluating the results of laboratory tests directly related to drug therapy when performed in accordance with approved protocols applicable to the practice setting and when the evaluation does not include a diagnostic component. [PL 2021, c. 271, §1 (AMD).]

2-B. Collaborative practice agreement. "Collaborative practice agreement" means a written and signed agreement between one or more pharmacists with training and experience relevant to the scope of the collaborative practice and a practitioner that supervises or provides direct consultation to the pharmacist or pharmacists engaging in collaborative drug therapy management that: A. Defines the collaborative practice, which must be within the scope of the supervising practitioner's practice, in which the pharmacist or pharmacists may engage; [PL 2013, c. 308, §1 (NEW).] B. States the beginning and ending dates of the period of time during which the agreement is in effect; and [PL 2013, c. 308, §1 (NEW).] C. Includes individually developed guidelines for the prescriptive practice of the participating pharmacist or pharmacists. [PL 2013, c. 308, §1 (NEW).] [PL 2013, c. 308, §1 (NEW).]

3. Commissioner. "Commissioner" means the Commissioner of Professional and Financial Regulation. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

4. Compounding. "Compounding" means the preparation, mixing, assembling, packaging or labeling of a drug or device by a pharmacist: A. For the pharmacist's patient for dispensing as the result of a practitioner's prescription drug order; [PL 2021, c. 289, §2 (NEW).] B. For the purpose of, or as an incident to, research, teaching or chemical analysis and not for sale or dispensing; [PL 2021, c. 289, §2 (NEW).] C. In anticipation of prescription drug orders to be received by the pharmacist based on routine, regularly observed prescribing patterns for the pharmacist's patient; or [PL 2021, c. 289, §2 (NEW).] D. For nonpatient-specific drugs for distribution to licensed veterinarians for veterinarian office use for nonfood-producing animals, as that term is defined in board rule. [PL 2021, c. 289, §2 (NEW).] [PL 2021, c. 289, §2 (AMD).]

5. Dangerous substance. "Dangerous substance" means a substance described in section 13731, subsection 2 . [PL 2007, c. 402, Pt. DD, §2 (NEW).]

6. Deliver or delivery. "Deliver" or "delivery" means the actual, constructive or attempted transfer of a drug or device from one person to another, whether or not for a consideration. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

7. Department. "Department" means the Department of Professional and Financial Regulation. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

8. Device. "Device" means an instrument, apparatus, implement, machine, contrivance, implant, in vitro reagent or other similar or related article, including any component part or accessory, that is required under federal or state law to be prescribed by a practitioner and dispensed by a pharmacist. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

9. Dispense or dispensing. "Dispense" or "dispensing" means the preparation and delivery of a prescription drug in a suitable container appropriately labeled for subsequent administration to or use by a patient or other individual entitled to receive the prescription drug pursuant to a lawful order of a practitioner. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

10. Distribute. "Distribute" means the delivery of a drug other than by administering or dispensing. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

11. Drug. "Drug" means: A. Articles recognized as drugs in the official United States Pharmacopeia and National Formulary, other drug compendiums or any supplement to any of them; [PL 2007, c. 402, Pt. DD, §2 (NEW).] B. Articles intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in humans or other animals; [PL 2007, c. 402, Pt. DD, §2 (NEW).] C. Articles, other than food, intended to affect the structure or any function of the body of humans or other animals; and [PL 2007, c. 402, Pt. DD, §2 (NEW).] D. Articles intended for use as a component of any articles specified in paragraphs A to C . [PL 2007, c. 402, Pt. DD, §2 (NEW).] [PL 2007, c. 402, Pt. DD, §2 (NEW).]

12. Electronic transmission. "Electronic transmission" means transmission of information in electronic form or the transmission of the exact visual image of a document by way of electronic equipment. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

12-A. Eligible product developer. "Eligible product developer" means a person that seeks to develop an application for the approval of a drug under the Federal Food, Drug, and Cosmetic Act, Section 505(b) or 505(j) or the licensing of a biological product under the federal Public Health Service Act, Section 351. [PL 2017, c. 434, §1 (NEW).]

13. Free clinic. "Free clinic" means an incorporated nonprofit health facility that provides health care to people at no charge. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

14. Generic and therapeutically equivalent drug. "Generic" and "therapeutically equivalent drug" means any drug that has identical amounts of the same active ingredients in the same dosage form and in the same concentration that, when administered in the same amounts, will produce or can be expected to have the same therapeutic effect as the drug prescribed. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

14-A. Interchangeable biological product. "Interchangeable biological product" means a biological product that the federal Food and Drug Administration has: A. Licensed and determined meets the standards for interchangeability pursuant to 42 United States Code, Section 262(k)(4); or [PL 2019, c. 34, §2 (NEW).] B. Determined is therapeutically equivalent as set forth in the most recent edition of or supplement to the federal Food and Drug Administration's "Approved Drug Products with Therapeutic Equivalence Evaluations" or a successor publication. [PL 2019, c. 34, §2 (NEW).] [PL 2019, c. 34, §2 (NEW).]

15. Labeling. "Labeling" means the process of preparing and affixing a label to the outside of any drug container, exclusive of the labeling by a manufacturer, packer or distributor of a nonprescription drug or commercially packaged legend drug or device. Any such label must include all information required by federal law or regulation and state law or rule. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

16. Mail order contact lens supplier. "Mail order contact lens supplier" means a person or entity, other than an optometrist or physician licensed in this State, that fills contact lens prescriptions by mail or carrier for a patient who resides in this State. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

17. Mail order prescription pharmacy. "Mail order prescription pharmacy" means an entity that dispenses prescription medications by mail or carrier from a facility not located in this State to a patient who resides in this State. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

18. Manufacture. "Manufacture" means the production, preparation, propagation, compounding, conversion or processing of a device or drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis or by a combination of extraction and chemical synthesis and includes any packaging or repacking of the substances or labeling or relabeling of its container, except that manufacture does not include the preparation or compounding of a drug by an individual for personal use or the preparation, compounding, packaging or labeling of a drug: A. By a pharmacist or practitioner incidental to administering or dispensing a drug in the course of professional practice; or [PL 2007, c. 402, Pt. DD, §2 (NEW).] B. By a practitioner or by authorization under the practitioner's supervision for the purpose of or incidental to research, teaching or chemical analysis and not for sale. [PL 2007, c. 402, Pt. DD, §2 (NEW).] [PL 2007, c. 402, Pt. DD, §2 (NEW).]

19. Manufacturer. "Manufacturer" means a person engaged in the manufacture of prescription drugs. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

20. Nonprescription drugs. "Nonprescription drugs" means nonnarcotic drugs that may be sold without a prescription and that are prepackaged for use by the consumer and labeled in accordance with the requirements of the laws and rules of this State and the Federal Government. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

20-A. Opioid medication. "Opioid medication" means a controlled substance containing an opioid included in schedule II of 21 United States Code, Section 812 or 21 Code of Federal Regulations, Part 1308. [PL 2015, c. 488, §28 (NEW).]

21. Person. "Person" means an individual, corporation, partnership, association or any other legal entity. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

22. Pharmacist. "Pharmacist" means an individual provider of health care services licensed by this State to engage in the practice of pharmacy. A. "Chain pharmacist" means an individual who is engaged in the practice of pharmacy within a chain; that is, where there is a corporate grouping of 4 or more pharmacies. [PL 2007, c. 402, Pt. DD, §2 (NEW).] B. "Hospital pharmacist" means an individual who is engaged in the practice of pharmacy in a hospital setting. [PL 2007, c. 402, Pt. DD, §2 (NEW).] C. "Independent pharmacist" means an individual who is engaged in the practice of pharmacy in an independent pharmacy; that is, where there are fewer than 4 pharmacies under the same ownership. [PL 2007, c. 402, Pt. DD, §2 (NEW).] D. "Qualified assistant pharmacist" means an individual licensed by this State as a qualified assistant apothecary, qualified assistant or assistant pharmacist, provided that the license is in full force and effect, except for the right to serve as a pharmacist in charge. [PL 2007, c. 402, Pt. DD, §2 (NEW).] [PL 2021, c. 146, §1 (AMD).]

23. Pharmacist in charge. "Pharmacist in charge" means a pharmacist who accepts responsibility for the operation of a licensed pharmacy in conformance with applicable laws. [PL 2021, c. 289, §3 (AMD).]

24. Pharmacy. "Pharmacy" means: A. Any pharmacy or drug outlet located in a retail store, mail order business, free clinic or rural health center with facilities located in this State that is engaged in dispensing, delivering or distributing prescription drugs; or [PL 2007, c. 402, Pt. DD, §2 (NEW).] B. Any mail order prescription company, or wholesaler, with facilities located in this State or doing business in this State that is engaged in dispensing, delivering or distributing prescription drugs. [PL 2007, c. 402, Pt. DD, §2 (NEW).] [PL 2007, c. 402, Pt. DD, §2 (NEW).]

24-A. Pharmacy intern. "Pharmacy intern" means a person who: A. Is either enrolled in or a graduate of a school or college of pharmacy; and [PL 2011, c. 496, §1 (NEW).] B. Is licensed with the board and is authorized to engage in the practice of pharmacy while under the direct supervision of a licensed pharmacist. [PL 2011, c. 496, §1 (NEW).] [PL 2011, c. 496, §1 (NEW).]

25. Pharmacy technician. "Pharmacy technician" means a person employed by a pharmacy who works in a supportive role to, and under the direct supervision of, a licensed pharmacist. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

26. Physician. "Physician" means an allopathic physician or osteopathic physician. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

27. Poison. "Poison" means an agent that when ingested, inhaled or otherwise absorbed by a living organism is capable of producing a deleterious response seriously injuring function or producing death. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

28. Practice of pharmacy. "Practice of pharmacy" means the provision of health care services that include the interpretation and evaluation of prescription drug orders; the compounding, dispensing and labeling of drugs and devices, except labeling by a manufacturer, packer or distributor of nonprescription drugs and commercially packaged legend drugs and devices; the participation in drug selection and drug utilization reviews; the proper and safe storage of drugs and devices and the maintenance of proper records for these drugs and devices; the administration of vaccines licensed by the United States Food and Drug Administration that are recommended by the United States Centers for Disease Control and Prevention Advisory Committee on Immunization Practices, or successor organization, for administration to adults; the administration to adults by intramuscular and subcutaneous injection of drugs approved by the United States Food and Drug Administration; the performance of collaborative drug therapy management; the responsibility for advising, when necessary or regulated, of therapeutic values, content, hazards and use of drugs and devices; the ordering and dispensing of over-the-counter nicotine replacement products approved by the United States Food and Drug Administration; the prescribing, dispensing and administering of an HIV prevention drug, as defined in section 13786‑E, subsection 1, paragraph B , pursuant to a standing order or collaborative practice agreement or to protocols developed by the board; and the offering or performing of those acts, services, operations or transactions necessary in the conduct, operation, management and control of a pharmacy. [PL 2021, c. 146, §2 (AMD); PL 2021, c. 265, §5 (AMD); PL 2021, c. 265, §8 (AFF); PL 2021, c. 271, §2 (AMD).]

29. Practitioner. "Practitioner" means an individual who is licensed, registered or otherwise authorized in the appropriate jurisdiction to prescribe and administer drugs in the course of professional practice. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

30. Prescription drug or legend drug. "Prescription drug" or "legend drug" means a drug that: A. Under federal law is required, prior to being dispensed or delivered, to be labeled with either of the following statements: (1) "Caution: Federal law prohibits dispensing without prescription."; or (2) "Caution: Federal law restricts this drug to use by or on the order of a licensed veterinarian."; or [PL 2007, c. 402, Pt. DD, §2 (NEW).] B. Is required by an applicable federal or state law or rule to be dispensed on prescription only or is restricted to use by practitioners only. [PL 2007, c. 402, Pt. DD, §2 (NEW).] [PL 2007, c. 402, Pt. DD, §2 (NEW).]

31. Prescription drug order. "Prescription drug order" means a lawful written or oral order of a practitioner for a drug or device. Written orders may be issued on a prescription form or by electronic transmission. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

31-A. Proper name. "Proper name," as it relates to a biological product, means the nonproprietary name for a biological product designated by the federal Food and Drug Administration for use on each package of the product. [PL 2019, c. 34, §3 (NEW).]

32. Rural health center. "Rural health center" means an incorporated nonprofit health facility that provides comprehensive primary health care to citizens in rural areas. [PL 2007, c. 402, Pt. DD, §2 (NEW).]

33. Targeted methamphetamine precursor. "Targeted methamphetamine precursor" means any product containing any amount of ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients: A. In dry or solid nonliquid form; or [PL 2007, c. 402, Pt. DD, §2 (NEW).] B. In liquid, liquid-filled capsule or glycerin matrix form if designation as a targeted methamphetamine precursor has been completed by rule adopted pursuant to section 13795, subsection 5, paragraph A . [PL 2007, c. 402, Pt. DD, §2 (NEW).] [PL 2007, c. 402, Pt. DD, §2 (NEW).]

34. Wholesaler. "Wholesaler" means a person who buys prescription drugs for resale and distribution to persons other than consumers. [PL 2007, c. 402, Pt. DD, §2 (NEW).]