32 M.R.S. § 18537 — ME Code / Title 32 / Chapter 145-A / Section 18537
32 §18537. Establishment of Physician Assistants Licensure Compact Commission
Status: reserved

1. Commission established. The participating states hereby create and establish a joint government agency and national administrative body known as the Physician Assistants Licensure Compact Commission. A. The commission is an instrumentality of the compact states acting jointly and is not an instrumentality of any one state. [PL 2023, c. 670, §1 (NEW).] B. The commission comes into existence on or after the effective date of the compact as set forth in section 18541. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

2. Membership, voting and meetings. Membership, voting and meetings are governed by this subsection. A. Each participating state has and is limited to one delegate selected by that participating state's licensing board or, if the state has more than one licensing board, selected collectively by the participating state's licensing boards. [PL 2023, c. 670, §1 (NEW).] B. The delegate must be either: (1) A current physician assistant, physician or public member of a licensing board or physician assistant council or committee; or (2) An administrator of a licensing board. [PL 2023, c. 670, §1 (NEW).] C. Any delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. [PL 2023, c. 670, §1 (NEW).] D. The participating state licensing board shall fill any vacancy occurring on the commission within 60 days. [PL 2023, c. 670, §1 (NEW).] E. Each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and must otherwise have an opportunity to participate in the business and affairs of the commission. [PL 2023, c. 670, §1 (NEW).] F. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunications, videoconference or other means of communication. [PL 2023, c. 670, §1 (NEW).] G. The commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in this compact and the bylaws. [PL 2023, c. 670, §1 (NEW).] H. The commission shall by rule establish a term of office for delegates. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

3. Powers and duties. The commission has the following powers and duties: A. To establish a code of ethics for the commission; [PL 2023, c. 670, §1 (NEW).] B. To establish the fiscal year of the commission; [PL 2023, c. 670, §1 (NEW).] C. To establish fees; [PL 2023, c. 670, §1 (NEW).] D. To establish bylaws; [PL 2023, c. 670, §1 (NEW).] E. To maintain the commission's financial records in accordance with the bylaws; [PL 2023, c. 670, §1 (NEW).] F. To meet and take such actions as are consistent with the provisions of this compact and the bylaws; [PL 2023, c. 670, §1 (NEW).] G. To promulgate rules to facilitate and coordinate implementation and administration of this compact. Rules have the force and effect of law and are binding in all participating states; [PL 2023, c. 670, §1 (NEW).] H. To bring and prosecute legal proceedings or actions in the name of the commission, as long as the standing of any state licensing board to sue or be sued under applicable law is not affected; [PL 2023, c. 670, §1 (NEW).] I. To purchase and maintain insurance and bonds; [PL 2023, c. 670, §1 (NEW).] J. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a participating state; [PL 2023, c. 670, §1 (NEW).] K. To hire employees and engage contractors, elect or appoint officers, fix compensation, define duties and grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; [PL 2023, c. 670, §1 (NEW).] L. To accept appropriate donations and grants of money, equipment, supplies, materials and services and receive, use and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest; [PL 2023, c. 670, §1 (NEW).] M. To lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property, real, personal or mixed, as long as at all times the commission avoids any appearance of impropriety; [PL 2023, c. 670, §1 (NEW).] N. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2023, c. 670, §1 (NEW).] O. To establish a budget and make expenditures; [PL 2023, c. 670, §1 (NEW).] P. To borrow money; [PL 2023, c. 670, §1 (NEW).] Q. To appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives and consumer representatives and such other interested persons as may be designated in this compact and the bylaws; [PL 2023, c. 670, §1 (NEW).] R. To provide information to, receive information from and cooperate with law enforcement agencies; [PL 2023, c. 670, §1 (NEW).] S. To elect a chair, vice-chair, secretary and treasurer and such other officers of the commission as provided in the bylaws; [PL 2023, c. 670, §1 (NEW).] T. To reserve for itself, in addition to those reserved exclusively to the commission under the compact, powers that the executive committee may not exercise; [PL 2023, c. 670, §1 (NEW).] U. To approve or disapprove a state's participation in the compact based upon the commission's determination as to whether the state's compact legislation departs in a material manner from the model compact language; [PL 2023, c. 670, §1 (NEW).] V. To prepare and provide to the participating states an annual report; and [PL 2023, c. 670, §1 (NEW).] W. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of physician assistant licensure and practice. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

4. Meetings of commission. Meetings of the commission are governed by this subsection. A. Except as provided in paragraphs B and C , all meetings must be open to the public and public notice of meetings must be posted on the commission's publicly accessible website at least 30 days prior to a public meeting. [PL 2023, c. 670, §1 (NEW).] B. The commission may convene a public meeting for any of the reasons it may dispense with notice of proposed rulemaking under section 18539, subsection 12 by providing at least 24 hours' notice on the commission's publicly accessible website and by any other means described in the commission's rules. [PL 2023, c. 670, §1 (NEW).] C. The commission may convene in a closed, nonpublic meeting or convene in a closed meeting for part of an otherwise public meeting to receive legal advice or to discuss: (1) Noncompliance of a participating state with its obligations under the compact; (2) Employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (3) Current, threatened or reasonably anticipated litigation; (4) Negotiation of contracts for the purchase, lease or sale of goods, services or real estate; (5) Accusing any person of a crime or formally censuring any person; (6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (7) Disclosure of information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy; (8) Disclosure of investigative records compiled for law enforcement purposes; (9) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; (10) Legal advice; or (11) Matters specifically exempted from disclosure by federal or participating state statute. [PL 2023, c. 670, §1 (NEW).] D. If a meeting, or portion of a meeting, is closed pursuant to paragraph C , the chair of the meeting or the chair's designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. [PL 2023, c. 670, §1 (NEW).] E. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons for those actions, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

5. Financing of commission. Financing of the commission is governed by this subsection. A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2023, c. 670, §1 (NEW).] B. The commission may accept any appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. [PL 2023, c. 670, §1 (NEW).] C. The commission may levy on and collect an annual assessment from each participating state or impose compact privilege fees on licensees of participating states to whom a compact privilege is granted 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 levied on participating states must be allocated based upon a formula to be determined by commission rule. (1) A compact privilege expires when the licensee's qualifying license in the participating state from which the licensee applied for the compact privilege expires. (2) If the licensee terminates the qualifying license through which the licensee applied for the compact privilege before the license's scheduled expiration, and the licensee has a qualifying license in another participating state, the licensee shall inform the commission that the licensee is changing to that participating state the participating state through which the licensee applies for a compact privilege and pay to the commission any compact privilege fee required by commission rule. [PL 2023, c. 670, §1 (NEW).] D. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the obligations, and the commission may not pledge the credit of any of the participating states, except by and with the authority of the participating state. [PL 2023, c. 670, §1 (NEW).] E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

6. Executive committee. The establishment of an executive committee is governed by this subsection. A. The executive committee has the power to act on behalf of the commission according to the terms of this compact and commission rules. [PL 2023, c. 670, §1 (NEW).] B. The executive committee is composed of up to 9 members: (1) Seven voting members who are elected by the commission from the current membership of the commission; (2) One ex officio, nonvoting member from a recognized national professional association of physician assistants; and (3) One ex officio, nonvoting member from a recognized national organization that certifies physician assistants. The ex officio members must be selected by their respective organizations. [PL 2023, c. 670, §1 (NEW).] C. The commission may remove any member of the executive committee as provided in bylaws. [PL 2023, c. 670, §1 (NEW).] D. The executive committee shall meet at least annually. [PL 2023, c. 670, §1 (NEW).] E. The executive committee shall: (1) Recommend to the entire commission changes to the rules or bylaws, changes to this compact, fees paid by participating states such as annual dues and any commission compact fee charged to licensees for the compact privilege; (2) Ensure compact administration services are appropriately provided, by contract or otherwise; (3) Prepare and recommend the commission's budget; (4) Maintain financial records on behalf of the commission; (5) Monitor compact compliance of participating states and provide compliance reports to the commission; (6) Establish additional committees as necessary; (7) Exercise the powers and duties of the commission during the interim between commission meetings, except for issuing proposed rulemaking or adopting commission rules or bylaws or exercising any other powers and duties exclusively reserved to the commission by the commission's rules; and (8) Perform other duties as provided in rules or bylaws. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

7. Qualified immunity, defense and indemnification. Qualified immunity, defense and indemnification are governed by this subsection. A. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission may not in any way compromise or limit the immunity granted under this subsection. [PL 2023, c. 670, §1 (NEW).] B. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to prohibit that person from retaining that person's own counsel, and as long as the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct. [PL 2023, c. 670, §1 (NEW).] C. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. [PL 2023, c. 670, §1 (NEW).] D. 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 in any proceedings as authorized by commission rules. [PL 2023, c. 670, §1 (NEW).] E. This subsection may not be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which is governed solely by any other applicable state laws. [PL 2023, c. 670, §1 (NEW).] F. This subsection may not be construed to designate the venue or jurisdiction to bring actions for alleged acts of malpractice, professional misconduct, negligence or other such civil action pertaining to the practice of a physician assistant. All such matters must be determined exclusively by state law other than this compact. [PL 2023, c. 670, §1 (NEW).] G. This subsection may not be interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the federal Sherman Act, the federal Clayton Act or any other state or federal antitrust or anticompetitive law or regulation. [PL 2023, c. 670, §1 (NEW).] H. This subsection may not be construed to be a waiver of sovereign immunity by the participating states or by the commission. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]
32 M.R.S. § 59 — ME Code / Title 32 / Chapter 1-A / Section 59
32 §59. Temporary licenses
Status: in_force

If a person holds a valid license issued by an occupational or professional licensing board established in Title 5, section 12004‑A , at the time of initial enlistment in the United States Armed Forces and the license lapses during the licensee's initial enlistment, that person may obtain a temporary license if that person meets all requirements for issuance of that license except examination by payment of a $5 fee, provided that the application for the temporary license is made not later than 90 days after the date of discharge. This temporary license shall continue in force until the results of the next licensing examination are available. The terms of this section shall apply notwithstanding any contrary provision contained in the statutes governing these licensing boards. [PL 1989, c. 503, Pt. B, §118 (AMD).]
32 M.R.S. § 18438 — ME Code / Title 32 / Chapter 143 / Section 18438
32 §18438. Establishment of commission
Status: reserved

1. Commission established. The participating states hereby create and establish a joint government agency whose membership consists of all participating states that have enacted the compact. The commission is an instrumentality of the compact states acting jointly and is not an instrumentality of any one state. The commission comes into existence on or after the effective date of the compact as set forth in section 18442 . [PL 2023, c. 664, §1 (NEW).]

2. Membership, voting and meetings. Membership, voting and meetings are governed by this subsection. A. Each participating state has and is limited to one commissioner selected by that participating state's licensing board or, if the state has more than one licensing board, selected collectively by the participating state's licensing boards. [PL 2023, c. 664, §1 (NEW).] B. The commissioner must be a member or designee of a participating state's licensing boards. [PL 2023, c. 664, §1 (NEW).] C. The commission may by rule establish a term of office for commissioners and may by rule or bylaw establish term limits. [PL 2023, c. 664, §1 (NEW).] D. The commission may recommend to a state licensing board or boards, as applicable, that a commissioner be removed or suspended as a participating state's commissioner. [PL 2023, c. 664, §1 (NEW).] E. The participating state licensing board or boards, as applicable, shall fill any vacancy of its commissioner on the commission within 60 days of the vacancy. [PL 2023, c. 664, §1 (NEW).] F. Each commissioner is entitled to one vote on all matters that are voted on by the commission. [PL 2023, c. 664, §1 (NEW).] G. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telecommunication, videoconference or other means of communication. [PL 2023, c. 664, §1 (NEW).] H. The commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in this compact and the bylaws. The commission may meet by telecommunication, videoconferencing or other similar electronic means. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]

3. Powers and duties. The commission has the following powers and duties: A. Establish a code of ethics for the commission; [PL 2023, c. 664, §1 (NEW).] B. Establish the fiscal year of the commission; [PL 2023, c. 664, §1 (NEW).] C. Adopt rules and bylaws; [PL 2023, c. 664, §1 (NEW).] D. Maintain its financial records in accordance with the bylaws; [PL 2023, c. 664, §1 (NEW).] E. Meet and take actions that are consistent with the provisions of this compact, commission rules and the bylaws; [PL 2023, c. 664, §1 (NEW).] F. Initiate and conclude legal proceedings or actions in the name of the commission, as long as the standing of any state licensing board to sue or be sued under applicable law is not affected; [PL 2023, c. 664, §1 (NEW).] G. Maintain and certify records and information provided to a participating state as the authenticated business records of the commission and designate a person to do so on the commission's behalf; [PL 2023, c. 664, §1 (NEW).] H. Purchase and maintain insurance and bonds; [PL 2023, c. 664, §1 (NEW).] I. Borrow, accept or contract for services of personnel, including, but not limited to, employees of a participating state; [PL 2023, c. 664, §1 (NEW).] J. Conduct an annual financial review; [PL 2023, c. 664, §1 (NEW).] K. Hire employees, elect or appoint officers, fix compensation, define duties and grant such individuals appropriate authority to carry out the purposes of the compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; [PL 2023, c. 664, §1 (NEW).] L. Charge a fee, as provided in commission rules, to a licensee for the grant of a compact privilege in a remote state and thereafter, as may be established by commission rule, charge the licensee a compact privilege renewal fee for each renewal period in which that licensee exercises or intends to exercise the compact privilege in that remote state. This paragraph may not be construed to prevent a remote state from charging a licensee a fee for a compact privilege or renewals of a compact privilege, or a fee for the jurisprudence requirement if the remote state imposes such a requirement for the grant of a compact privilege; [PL 2023, c. 664, §1 (NEW).] M. Accept appropriate gifts, donations, grants of money or other sources of revenue or supplies, materials and services and receive, utilize and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest; [PL 2023, c. 664, §1 (NEW).] N. Lease, purchase, retain, own, hold, improve or use any property, real, personal or mixed, or any undivided interest therein; [PL 2023, c. 664, §1 (NEW).] O. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2023, c. 664, §1 (NEW).] P. Establish a budget and make expenditures; [PL 2023, c. 664, §1 (NEW).] Q. Borrow money; [PL 2023, c. 664, §1 (NEW).] R. Appoint committees, including standing committees composed of members, state regulators, state legislators or their representatives and consumer representatives and such other interested persons as may be designated in this compact and the bylaws; [PL 2023, c. 664, §1 (NEW).] S. Provide and receive information from, and cooperate with, law enforcement agencies; [PL 2023, c. 664, §1 (NEW).] T. Elect a chair, vice-chair, secretary and treasurer and such other officers of the commission as provided in the bylaws; [PL 2023, c. 664, §1 (NEW).] U. Establish and elect an executive board; [PL 2023, c. 664, §1 (NEW).] V. Determine whether a state's enacted compact legislation is materially different from the model compact language such that a state would not qualify for participation in the compact; [PL 2023, c. 664, §1 (NEW).] W. Adopt and provide to the participating states an annual report; and [PL 2023, c. 664, §1 (NEW).] X. Perform any other functions as may be necessary or appropriate to achieve the purposes of this compact. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]

4. Meetings of the commission. Meetings of the commission are governed by this subsection. A. Except as provided in paragraphs B and C , all meetings must be open to the public, and public notice of meetings must be posted on the commission's publicly accessible website at least 30 days prior to a public meeting. [PL 2023, c. 664, §1 (NEW).] B. The commission may convene a public meeting for any of the reasons it may dispense with notice of proposed rulemaking under section 18440 by providing at least 24 hours' notice on the commission's publicly accessible website and by any other means described in the rules. [PL 2023, c. 664, §1 (NEW).] C. The commission may convene in a closed, nonpublic meeting or convene in a closed meeting for part of an otherwise public meeting to receive legal advice or to discuss: (1) Noncompliance of a participating state with its obligations under the compact; (2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (3) Current or threatened discipline of a licensee or compact privilege holder by the commission or by a participating state's licensing authority; (4) Current, threatened or reasonably anticipated litigation; (5) Negotiation of contracts for the purchase, lease or sale of goods, services or real estate; (6) Accusing any person of a crime or formally censuring any person; (7) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (8) Disclosure of information of a personal nature when disclosure would constitute a clearly unwarranted invasion of personal privacy; (9) Disclosure of investigative records compiled for law enforcement purposes; (10) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; (11) Legal advice; (12) Matters specifically exempted from disclosure by federal or participating state statute; or (13) Other matters as promulgated by commission rule. [PL 2023, c. 664, §1 (NEW).] D. If a meeting, or portion of a meeting, is closed pursuant to paragraph B , the presiding officer of the meeting shall state that the meeting is closed and shall reference each relevant exempting provision and that reference must be recorded in the minutes. [PL 2023, c. 664, §1 (NEW).] E. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons therefor, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]

5. Financing of the commission. Financing of the commission is governed by this subsection. A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2023, c. 664, §1 (NEW).] B. The commission may receive revenue from any appropriate sources and accept donations and grants of money, equipment, supplies, materials and services. [PL 2023, c. 664, §1 (NEW).] C. The commission may levy on and collect an annual assessment from each participating state or impose compact privilege fees on licensees of participating states to whom a compact privilege is granted 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 fiscal year for which revenue is not provided by other sources. The aggregate annual assessment amount levied on participating states must be allocated based upon a formula to be determined by commission rule. [PL 2023, c. 664, §1 (NEW).] D. The commission may not incur obligations of any kind prior to securing the funds adequate to meet those obligations, and the commission may not pledge the credit of any of the participating states, except by and with the authority of the participating state. [PL 2023, c. 664, §1 (NEW).] E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the financial review and accounting procedures established under its bylaws. All receipts and disbursements of funds handled by the commission are subject to an annual financial review by a certified or licensed public accountant, and the report of the financial review must be included in and become part of the annual report of the commission. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]

6. Executive board. The establishment of an executive board is governed by this subsection. A. The executive board has the power to act on behalf of the commission according to the terms of this compact and commission rules. [PL 2023, c. 664, §1 (NEW).] B. The executive board is composed of up to 7 members: (1) The chair, vice-chair, secretary and treasurer of the commission and any other members of the commission who serve on the executive board are voting members of the executive board; and (2) Other than the chair, vice-chair, secretary and treasurer, the commission may elect up to 3 voting members from the current membership of the commission. [PL 2023, c. 664, §1 (NEW).] C. The commission may remove any member of the executive board as provided in the bylaws. [PL 2023, c. 664, §1 (NEW).] D. The executive board shall meet at least once annually. [PL 2023, c. 664, §1 (NEW).] E. The executive board shall: (1) Oversee the day-to-day activities of the administration of the compact including compliance with the provisions of the compact, the commission's rules and bylaws; (2) Recommend to the commission changes to the rules or bylaws, changes to this compact legislation, fees charged to participating states, fees charged to licensees and other fees; (3) Ensure compact administration services are appropriately provided, including by contract; (4) Prepare and recommend the budget; (5) Maintain financial records on behalf of the commission; (6) Monitor compact compliance of participating states and provide compliance reports to the commission; (7) Establish additional committees as necessary; (8) Exercise the powers and duties of the commission during the interim between commission meetings, except for adopting or amending commission rules or bylaws, or exercising any other powers and duties exclusively reserved to the commission by the commission's rules or bylaws; and (9) Perform other duties as provided in rules or bylaws. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]

7. Qualified immunity, defense and indemnification. Qualified immunity, defense and indemnification are governed by this subsection. A. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. The procurement of insurance of any type by the commission may not in any way compromise or limit the immunity granted under this subsection. [PL 2023, c. 664, §1 (NEW).] B. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or as determined by the commission that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to prohibit that person from retaining that person's own counsel, and as long as the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct. [PL 2023, c. 664, §1 (NEW).] C. Notwithstanding paragraph A , if any member, officer, executive director, employee or representative of the commission is held liable for the amount of any settlement or judgment arising out of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that such person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, the commission shall indemnify and hold harmless that individual as long as the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. [PL 2023, c. 664, §1 (NEW).] D. This subsection may not be construed as a limitation on the liability of any licensee for professional malpractice or misconduct, which shall be governed solely by any other applicable state laws. [PL 2023, c. 664, §1 (NEW).] E. This compact may not be interpreted to waive or otherwise abrogate a participating state's state action immunity or state action affirmative defense with respect to antitrust claims under the Sherman Act, Clayton Act or any other state or federal antitrust or anticompetitive law or regulation. [PL 2023, c. 664, §1 (NEW).] F. This compact may not be construed to be a waiver of sovereign immunity by the participating states or by the commission. [PL 2023, c. 664, §1 (NEW).] [PL 2023, c. 664, §1 (NEW).]
32 M.R.S. § 16412 — ME Code / Title 32 / Chapter 135 / Section 16412
32 §16412. Denial, revocation, suspension, withdrawal, restriction, condition or limitation of licensing
Status: in_force

1. Disciplinary conditions, applicants. If the administrator finds that the order is in the public interest and subsection 4 authorizes the action, an order issued under this chapter may deny an application, or may condition or limit licensing, of an applicant to be a broker-dealer, agent, investment adviser or investment adviser representative. [PL 2007, c. 14, §5 (AMD).]

2. Disciplinary conditions, licensees. If the administrator finds that the order is in the public interest and subsection 4 authorizes the action, an order issued under this chapter may revoke, suspend, condition or limit the license of a licensee. Notwithstanding this subsection, the administrator may not: A. Institute a revocation or suspension proceeding under this subsection based on an order issued under a law of another state that is reported to the administrator or a designee of the administrator more than one year after that state's order is reported; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Under subsection 4, paragraph E , subparagraph (1) or (2), issue an order on the basis of an order issued under the securities act of another state unless the other state's order was based on conduct for which subsection 4 would authorize the action had the conduct occurred in this State. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2007, c. 14, §6 (AMD).]

3. Disciplinary penalties, licensees. If the administrator finds that the order is in the public interest and subsection 4, paragraph A , B , C , D , E , F , H , I , J , L or M authorizes the action, an order under this chapter may censure, impose a bar on or impose a civil fine in an amount not to exceed a maximum of $5,000 per violation on a licensee. For a violation involving an investor 65 years of age or older, the amount of the civil fine may be doubled to an amount not to exceed a maximum of $10,000 per violation. [PL 2011, c. 37, §1 (AMD).]

4. Grounds for discipline. A person may be disciplined under subsections 1 to 3 if the person or, in the case of a broker-dealer or investment adviser, the broker-dealer or investment adviser, a partner, officer or director of the broker-dealer or investment adviser, a person occupying a similar status or performing similar functions or a person directly or indirectly controlling the broker-dealer or investment adviser: A. Has filed an application for licensing in this State under this chapter or the predecessor act within the previous 10 years that, as of the effective date of licensing or as of any date after filing in the case of an order denying effectiveness, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was false or misleading with respect to a material fact; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Intentionally or knowingly violated or intentionally or knowingly failed to comply with this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act within the previous 10 years; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Has pleaded guilty or nolo contendere to or been convicted of murder or a Class A, B or C crime or a felony or within the previous 10 years has pleaded guilty or nolo contendere to or been convicted of a Class D or E crime or a misdemeanor involving a security, a commodity future or option contract or an aspect of a business involving securities, commodities, investments, franchises, insurance, banking or finance or any crime indicating a lack of fitness to engage in the securities business; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Is enjoined or restrained by a court of competent jurisdiction in any action from engaging in or continuing an act, practice or course of business involving an aspect of a business involving securities, commodities, investments, franchises, insurance, banking or finance; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. Is the subject of an order, issued after notice and opportunity for hearing by: (1) The securities or other financial services regulator of a state or by the Securities and Exchange Commission, a self-regulatory organization or other federal agency denying, revoking, barring or suspending registration or licensing as a broker-dealer, agent, investment adviser, investment adviser representative or federal covered investment adviser; (2) The securities regulator of a state or the Securities and Exchange Commission against a broker-dealer, agent, investment adviser, investment adviser representative or federal covered investment adviser; (3) The Securities and Exchange Commission or a self-regulatory organization suspending or expelling the registrant or licensee from membership in the self-regulatory organization; (4) A court adjudicating a United States Postal Service fraud order; (5) The insurance regulator of a state denying, suspending or revoking registration or licensing as an insurance producer or its equivalent; (6) A depository institution or financial services regulator suspending or barring the person from the depository institution or other financial services business; or (7) The United States Commodity Futures Trading Commission denying, suspending or revoking registration under the federal Commodity Exchange Act; [PL 2005, c. 65, Pt. A, §2 (NEW).] F. Is the subject of an adjudication or determination, after notice and opportunity for hearing, by the Securities and Exchange Commission, the United States Commodity Futures Trading Commission, the Federal Trade Commission, a federal depository institution regulator or a depository institution, insurance or other financial services regulator of a state that the person intentionally or knowingly violated the federal Securities Act of 1933, the federal Securities Exchange Act of 1934, the federal Investment Advisers Act of 1940, the federal Investment Company Act of 1940, the federal Commodity Exchange Act, the securities or commodities law of a state or a federal or state law under which a business involving investments, franchises, insurance, banking or finance is regulated; [PL 2005, c. 65, Pt. A, §2 (NEW).] G. Is insolvent, either because the person's liabilities exceed the person's assets or because the person can not meet the person's obligations as they mature. The administrator may not enter an order against an applicant or licensee under this paragraph without a finding of insolvency as to the applicant or licensee; [PL 2005, c. 65, Pt. A, §2 (NEW).] H. Refuses to allow or otherwise impedes the administrator from conducting an audit or inspection under section 16411, subsection 4 or refuses access to a licensee's office to conduct an audit or inspection under section 16411, subsection 4 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] I. Has failed to reasonably supervise an agent, investment adviser representative or other individual if the agent, investment adviser representative or other individual was subject to the person's supervision and committed a violation of this chapter or the predecessor act or a rule adopted or order issued under this chapter or the predecessor act or engaged in conduct that would be grounds for discipline under this subsection within the previous 10 years; [PL 2005, c. 65, Pt. A, §2 (NEW).] J. Is subject to an order entered by a court of competent jurisdiction or entered after notice and opportunity for hearing by a federal or state licensing agency denying, suspending, revoking or restricting the person's license to sell real estate, insurance or any investment other than securities, provided that the order resulted from allegations of misconduct. This paragraph also applies when the denial, suspension, revocation or restriction of the license is pursuant to a consent agreement between the person and the licensing agency, whether or not the agency also issues an order; [PL 2005, c. 65, Pt. A, §2 (NEW).] K. After notice and opportunity for a hearing, has been found within the previous 10 years: (1) By a court of competent jurisdiction to have intentionally and knowingly violated the laws of a foreign jurisdiction under which the business of securities, commodities, investment, franchises, insurance, banking or finance is regulated; (2) To have been the subject of an order of a securities regulator of a foreign jurisdiction denying, revoking or suspending the right to engage in the business of securities as a broker-dealer, agent, investment adviser, investment adviser representative or similar person; or (3) To have been suspended or expelled from membership by or participation in a securities exchange or securities association operating under the securities laws of a foreign jurisdiction; [PL 2005, c. 65, Pt. A, §2 (NEW).] L. Is the subject of a cease and desist order issued by the Securities and Exchange Commission or issued under the securities, commodities, investment, franchise, banking, finance or insurance laws of a state; [PL 2005, c. 65, Pt. A, §2 (NEW).] M. Has engaged in unlawful, dishonest or unethical practices in the securities, commodities, investment, franchise, banking, finance or insurance business within the previous 10 years; or [PL 2005, c. 65, Pt. A, §2 (NEW).] N. Is not qualified on the basis of factors such as training, experience and knowledge of the securities business; except that, in the case of an application by an agent for a broker-dealer that is a member of a self-regulatory organization or by an individual for licensing as an investment adviser representative, a denial order may not be based on this paragraph if the individual has successfully completed all examinations required by subsection 5 . The administrator may require an applicant for licensing under section 16402 or 16404 who has not been registered or licensed in a state within the 2 years preceding the filing of an application in this State to successfully complete an examination. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2007, c. 14, §8 (AMD).]

5. Examinations. A rule adopted or order issued under this chapter may require that training or an examination, including an examination developed or approved by an organization of securities regulators, be successfully completed by a class of individuals or all individuals. An order issued under this chapter may waive, in whole or in part, training or an examination as to an individual or training or an examination as to a class of individuals if the administrator determines that the training or examination is not necessary or appropriate in the public interest and for the protection of investors. [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. Summary process. Notwithstanding Title 5, sections 10003 and 10004 , if the public interest or the protection of investors so requires, the administrator may suspend or deny an application summarily; restrict, condition, limit or suspend a license; or censure, bar or impose a civil penalty on a licensee before final determination of an administrative proceeding. Upon the issuance of an order, the administrator shall promptly notify each person subject to the order that the order has been issued, the reasons for the action and that within 15 days after the receipt of a request in a record from the person the matter will be scheduled for a hearing. If a hearing is not requested and none is ordered by the administrator within 30 days after the date of service of the order, the order becomes final by operation of law. If a hearing is requested or ordered, the administrator, after notice of and opportunity for hearing to each person subject to the order, may modify or vacate the order or extend the order until final determination. [PL 2005, c. 65, Pt. A, §2 (NEW).]

7. Procedural requirements. An order may not be issued under this section, except under subsection 6 , without: A. Appropriate notice to the applicant or licensee; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Opportunity for hearing; and [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Findings of fact and conclusions of law in a record in accordance with Title 5, chapter 375 . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2007, c. 14, §9 (AMD).]

8. Control person liability. A person that controls, directly or indirectly, a person not in compliance with this section may be disciplined by order of the administrator under subsections 1 to 3 to the same extent as the noncomplying person, unless the controlling person did not know, and in the exercise of reasonable care could not have known, of the existence of conduct that is a ground for discipline under this section. [PL 2005, c. 65, Pt. A, §2 (NEW).]

9. Limit on investigation or proceeding. The administrator may not institute a proceeding under subsection 1 , 2 or 3 based solely on material facts actually known by the administrator unless an investigation or the proceeding is instituted within one year after the administrator actually acquires knowledge of the material facts. [PL 2005, c. 65, Pt. A, §2 (NEW).]

10. Appointment of presiding officer. For purposes of a hearing conducted pursuant to this section, the administrator may appoint a qualified person to preside at the hearing and to make proposed findings of fact and conclusions of law. The responsibility for the entry of the final findings of fact and conclusions of law and for the issuance of any final order remains with the administrator. [PL 2007, c. 14, §10 (NEW).]
32 M.R.S. § 1203-A — ME Code / Title 32 / Chapter 17 / Section 1203-A
32 §1203-A. Fees
Status: in_force

The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for application, examination, licensure, renewal and other purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose other than permit and inspection fees may not exceed $150 biennially. Rules adopted pursuant to the section are routine technical rules pursuant to Title 5, chapter 375, subchapter II‑A . [PL 2001, c. 323, §18 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).]

1. Application fee. [PL 2001, c. 323, §18 (RP).]

2. Examination fee. [PL 2001, c. 323, §18 (RP).]

3. Licensure fee. [PL 2001, c. 323, §18 (RP).]
32 M.R.S. § 2270 — ME Code / Title 32 / Chapter 31 / Section 2270
32 §2270. Rulemaking
Status: in_force

The board shall adopt rules governing telehealth services by persons licensed under this chapter. These rules must establish standards of practice and appropriate restrictions for the various types and forms of telehealth services. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 291, Pt. B, §4 (NEW).]
32 M.R.S. § 16302 — ME Code / Title 32 / Chapter 135 / Section 16302
32 §16302. Notice filing
Status: in_force

1. Notice filings for federal covered securities under Section 18(b)(2) of the federal Securities Act of 1933. A federal covered security, as defined in Section 18(b)(2) of the federal Securities Act of 1933, 15 United States Code, Section 77r(b)(2), that is not otherwise exempt under sections 16201 to 16203 may not be offered or sold in this State unless before the initial offer in this State the following are filed with the administrator: A. The uniform investment company notice filing form; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A consent to service of process complying with section 16611 signed by the issuer; and [PL 2005, c. 65, Pt. A, §2 (NEW).] C. The payment of a nonrefundable fee of $1,000 for each type or class of security offered. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Notice filing effectiveness and renewal. A notice filing under subsection 1 is effective for one year commencing on the date of the notice filing, the date of effectiveness of the offering filed with the Securities and Exchange Commission or a date selected by the filer, whichever date is latest. On or before expiration, a notice filing may be renewed by filing the uniform investment company notice filing form and by paying a nonrefundable renewal fee of $1,000 for each type or class of security offered. A previously filed consent to service of process complying with section 16611 may be incorporated by reference in a renewal. A renewed notice filing becomes effective upon the expiration of the filing being renewed. [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Notice filings for federal covered securities under Section 18(b)(4)(D). A security that is a federal covered security under Section 18(b)(4)(D) of the federal Securities Act of 1933, 15 United States Code, Section 77r(b)(4)(D) that is not otherwise exempt under sections 16201 to 16203 may not be sold in this State unless the following records are filed with the administrator no later than 15 days after the first sale in this State: A. A notice on "Form D," as promulgated by the Securities and Exchange Commission; [PL 2009, c. 500, §2 (AMD).] B. A consent to service of process complying with section 16611 , signed by the issuer, except that if the Form D includes a consent to service of process, a separate document need not be filed for this purpose, and if the consent to service of process on the Form D is executed in a manner accepted by the Securities and Exchange Commission, it is deemed to comply with the requirement in this section and in section 16611, subsection 1 that the consent be signed; and [PL 2009, c. 500, §3 (AMD).] C. The payment of a nonrefundable fee of $300 per type or class of security sold. A notice filer making a filing 16 or more days after the first sale in this State shall pay an additional nonrefundable late filing fee of $500. [PL 2019, c. 252, Pt. A, §2 (AMD).] [PL 2019, c. 252, Pt. A, §2 (AMD).]

4. Stop orders. Except with respect to a federal covered security under Section 18(b)(1) of the federal Securities Act of 1933, 15 United States Code, Section 77r(b)(1), if the administrator finds that there is a failure to comply with a notice or fee requirement of this section or any rule adopted under this section, the administrator may issue a stop order suspending the offer and sale of a federal covered security in this State. If the deficiency is corrected, the stop order is void as of the time of its issuance and no penalty may be imposed by the administrator. [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Other federal covered securities. Unless the administrator provides otherwise by rule, any other federal covered security may be offered and sold in this State in reliance on its being a federal covered security without the filing of a notice or the payment of a fee. [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. 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. § 2289 — ME Code / Title 32 / Chapter 32 / Section 2289
32 §2289. State participation in compact
Status: in_force

1. Participation in compact. To participate in the compact, a member state shall: A. License occupational therapists and occupational therapy assistants; [PL 2021, c. 324, §2 (NEW).] B. Participate fully in the commission's data system, including, but not limited to, using the commission's unique identifier as defined in rules of the commission; [PL 2021, c. 324, §2 (NEW).] C. Have a mechanism in place for receiving and investigating complaints about licensees; [PL 2021, c. 324, §2 (NEW).] D. Notify the commission, in compliance with the terms of the compact and rules, of any adverse action or the availability of investigative information regarding a licensee; [PL 2021, c. 324, §2 (NEW).] E. Implement or use procedures for considering the criminal history records of applicants for an initial compact privilege. These procedures must include the submission of fingerprints or other biometric-based information by applicants for the purpose of obtaining an applicant's criminal history record information from the Federal Bureau of Investigation and the agency responsible for retaining that state's criminal records. (1) A member state shall within a time frame established by the commission require a criminal background check for a licensee applying for a compact privilege whose primary state of residence is that member state, by receiving the results of the Federal Bureau of Investigation criminal record search, and shall use the results in making licensure decisions. (2) Communication with the commission and among member states regarding the verification of eligibility for licensure through the compact may not include any information received from the Federal Bureau of Investigation relating to a federal criminal records check performed by a member state under the Departments of State, Justice, and Commerce, the Judiciary, and Related Agencies Appropriations Act, 1973, Title II, Public Law 92-544 (1972); [PL 2021, c. 324, §2 (NEW).] F. Comply with the rules of the commission; [PL 2021, c. 324, §2 (NEW).] G. Use only a recognized national examination as a requirement for licensure pursuant to the rules of the commission; and [PL 2021, c. 324, §2 (NEW).] H. Have continuing education requirements as a condition for license renewal. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

2. Compact privilege. A member state shall grant the compact privilege to a licensee holding a valid unencumbered license in another member state in accordance with the terms of the compact and rules. [PL 2021, c. 324, §2 (NEW).]

3. Fee. A member state may charge a fee for granting a compact privilege. [PL 2021, c. 324, §2 (NEW).]

4. Delegate to commission. A member state shall provide for the state's delegate to attend all occupational therapy compact commission meetings. [PL 2021, c. 324, §2 (NEW).]

5. Nonresidents. An individual not residing in a member state is able to apply for a member state's single-state license as provided under the laws of that member state. However, the single-state license granted to these individuals may not be recognized as granting the compact privilege in any other member state. [PL 2021, c. 324, §2 (NEW).]

6. No effect on single-state license authority. Nothing in this compact affects the requirements established by a member state for the issuance of a single-state license. [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 2596-A — ME Code / Title 32 / Chapter 36 / Section 2596-A
32 §2596-A. Establishment of protocols for operation of a professional review committee
Status: in_force

The board shall establish a protocol to govern the operation of a professional review committee as defined in Title 24, section 2502, subsection 4‑A . The protocol must require the professional review committee to submit to the board information specified by the board regarding reports received by the professional review committee, as well as an annotated list of contacts or investigations made by the professional review committee and the disposition of each report, except that the committee may not be compelled to disclose information that may serve to identify the subject of a report. The protocol may not prohibit an impaired physician from seeking alternative forms of treatment. [PL 1993, c. 600, Pt. A, §190 (NEW).]
32 M.R.S. § 9401 — ME Code / Title 32 / Chapter 93 / Section 9401
32 §9401. Short title
Status: in_force

This chapter shall be known and may be cited as the "Private Security Guards Act." [PL 1981, c. 113, §2 (NEW).]
32 M.R.S. § 14351 — ME Code / Title 32 / Chapter 127-A / Section 14351
32 §14351. Purpose
Status: in_force

The Legislature finds that the practice of athletic training affects the public health, safety and welfare and is subject to regulation in the public interest. The purpose of this chapter is to protect the public from unlicensed persons professing to be "athletic trainers" and from unprofessional conduct by persons licensed to use the term "athletic trainer." [PL 2007, c. 402, Pt. JJ, §1 (AMD).]
32 M.R.S. § 1403 — ME Code / Title 32 / Chapter 21 / Section 1403
32 §1403. Employment of funeral directors, embalmers or practitioners of funeral services by cemeteries prohibited
Status: in_force

No funeral home, funeral establishment or person holding a license under this chapter may be employed as a funeral home, funeral establishment, or as an embalmer or funeral director or practitioner of funeral services by a cemetery, cemetery association or cemetery corporation, nor shall such person be so employed by a funeral home, funeral establishment or mortuary establishment which owns or controls or is owned or controlled by a cemetery, cemetery association or cemetery corporation. Control shall not be considered to exist because the owners, officers or employees of a funeral home, funeral establishment or mortuary establishment serve without pay or for a fee not exceeding $500 per year per person as officers or as the minority of the directors or trustees of a cemetery association or cemetery corporation in which they have no financial investment. This section does not prevent employment of persons licensed under this chapter by cemeteries, cemetery associations or cemetery corporations in other capacities than that of funeral director or embalmer or practitioner of funeral services. This section does not apply to disinterments or transfers of disinterred bodies. [PL 1989, c. 450, §14 (AMD).]

Any person who violates this section is guilty of a Class E crime. [PL 1983, c. 413, §56 (RPR).]
32 M.R.S. § 18306 — ME Code / Title 32 / Chapter 143 / Section 18306
32 §18306. Fraudulent sale or alteration of diplomas or licenses
Status: in_force

1. Fraudulent or altered diploma or license; bribery. A person may not: A. Sell or offer to sell a diploma conferring a dental degree or license granted pursuant to the laws of this State; [PL 2015, c. 429, §21 (NEW).] B. Procure a license or diploma with intent that it be used as evidence of the right to practice dentistry by a person other than the one upon whom the diploma or license was conferred; [PL 2015, c. 429, §21 (NEW).] C. With fraudulent intent alter a diploma or license to practice dentistry; [PL 2015, c. 429, §21 (NEW).] D. Use or attempt to use an altered diploma or license; or [PL 2015, c. 429, §21 (NEW).] E. Attempt to bribe a member of the board by the offer or use of money or other pecuniary reward or by other undue influence. [PL 2015, c. 429, §21 (NEW).] [PL 2015, c. 429, §21 (NEW).]

2. Penalty. A person who violates this section commits a Class E crime. Except as otherwise specifically provided, violation of this section is a strict liability crime as defined in Title 17‑A, section 34, subsection 4‑A . [PL 2015, c. 429, §21 (NEW).]
32 M.R.S. § 16509 — ME Code / Title 32 / Chapter 135 / Section 16509
32 §16509. Civil liability
Status: in_force

1. Securities Litigation Uniform Standards Act. Enforcement of civil liability under this section is subject to the federal Securities Litigation Uniform Standards Act of 1998. [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Liability of seller to purchaser. A person is liable to the purchaser if the person sells a security in violation of section 16301 ; section 16303, subsection 6 ; section 16304, subsection 5 ; or section 16305, subsection 6 or by means of an untrue statement of a material fact or an omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the purchaser not knowing of the untruth or omission and the seller not sustaining the burden of proof that the seller did not know and, in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following. A. The purchaser may maintain an action to recover the consideration paid for the security, less the amount of any income received on the security, and the interest at the legal rate of interest from the date of the purchase, costs and reasonable attorney's fees determined by the court, upon the tender of the security, or for actual damages as provided in paragraph C . [PL 2005, c. 65, Pt. A, §2 (NEW).] B. The tender referred to in paragraph A may be made any time before entry of judgment. Tender requires only notice in a record of ownership of the security and willingness to exchange the security for the amount specified. A purchaser that no longer owns the security may recover actual damages as provided in paragraph C . [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Actual damages in an action arising under this subsection are the amount that would be recoverable upon a tender less the value of the security when the purchaser disposed of it and the interest at the legal rate of interest from the date of the purchase, costs and reasonable attorney's fees determined by the court. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Liability of purchaser to seller. A person is liable to the seller if the person buys a security by means of an untrue statement of a material fact or omission to state a material fact necessary in order to make the statement made, in light of the circumstances under which it is made, not misleading, the seller not knowing of the untruth or omission and the purchaser not sustaining the burden of proof that the purchaser did not know and, in the exercise of reasonable care, could not have known of the untruth or omission. An action under this subsection is governed by the following. A. The seller may maintain an action to recover the security and any income received on the security, costs and reasonable attorney's fees determined by the court, upon the tender of the purchase price, or for actual damages as provided in paragraph C . [PL 2005, c. 65, Pt. A, §2 (NEW).] B. The tender referred to in paragraph A may be made any time before entry of judgment. Tender requires only notice in a record of the present ability to pay the amount tendered and willingness to take delivery of the security for the amount specified. If the purchaser no longer owns the security, the seller may recover actual damages as provided in paragraph C . [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Actual damages in an action arising under this subsection are the difference between the price at which the security was sold and the value the security would have had at the time of the sale in the absence of the purchaser's conduct causing liability and the interest at the legal rate of interest from the date of the sale of the security, costs and reasonable attorney's fees determined by the court. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Liability of unlicensed broker-dealer and agent. A person acting as a broker-dealer or agent that sells or buys a security in violation of section 16401, subsection 1 ; section 16402, subsection 1 ; or section 16506 is liable to the customer. The customer, if a purchaser, may maintain an action for a remedy as specified in subsection 2, paragraphs A to C or, if a seller, for a remedy as specified in subsection 3, paragraphs A to C . [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Liability of unlicensed investment adviser and investment adviser representative. A person acting as an investment adviser or investment adviser representative that provides investment advice for compensation in violation of section 16403, subsection 1 ; section 16404, subsection 1 ; or section 16506 is liable to the client. The client may maintain an action to recover the consideration paid for the advice, interest at the legal rate of interest from the date of payment, costs and reasonable attorney's fees determined by the court. [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. Liability for investment advice. A person that receives directly or indirectly any consideration for providing investment advice to another person and that employs a device, scheme or artifice to defraud the other person or engages in an act, practice or course of business that operates or would operate as a fraud or deceit on the other person is liable to the other person. An action under this subsection is governed by the following. A. The person defrauded may maintain an action to recover the consideration paid for the advice and the amount of any actual damages caused by the fraudulent conduct, interest at the legal rate of interest from the date of the fraudulent conduct, costs and reasonable attorney's fees determined by the court, less the amount of any income received as a result of the fraudulent conduct. [PL 2005, c. 65, Pt. A, §2 (NEW).] B. This subsection does not apply to a broker-dealer or its agents if the investment advice provided is solely incidental to transacting business as a broker-dealer and no special compensation is received for the investment advice. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

7. Joint and several liability. The following persons are liable jointly and severally with and to the same extent as persons liable under subsections 2 to 6 : A. A person that directly or indirectly controls a person liable under subsections 2 to 6 , unless the controlling person sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of conduct by reason of which the liability is alleged to exist; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. An individual who is a managing partner, executive officer or director of a person liable under subsections 2 to 6 , including an individual having a similar status or performing similar functions, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care, could not have known of the existence of conduct by reason of which the liability is alleged to exist; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. An individual who is an employee of or associated with a person liable under subsections 2 to 6 and who materially aids the conduct giving rise to the liability, unless the individual sustains the burden of proof that the individual did not know and, in the exercise of reasonable care, could not have known of the existence of conduct by reason of which the liability is alleged to exist; and [PL 2005, c. 65, Pt. A, §2 (NEW).] D. A person that is a broker-dealer, agent, investment adviser or investment adviser representative that materially aids the conduct giving rise to the liability under subsections 2 to 6 , unless the person sustains the burden of proof that the person did not know and, in the exercise of reasonable care, could not have known of the existence of conduct by reason of which the liability is alleged to exist. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

8. Right of contribution. A person liable under this section has a right of contribution as in cases of contract against any other person liable under this section for the same conduct. [PL 2005, c. 65, Pt. A, §2 (NEW).]

9. Survival of cause of action. A cause of action under this section survives the death of an individual who might have been a plaintiff or defendant. [PL 2005, c. 65, Pt. A, §2 (NEW).]

10. Statute of limitations. A person may not obtain relief: A. Under subsection 2 for violation of section 16301 or under subsection 4 or 5 , unless the action is instituted within 2 years after the violation occurred; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Under subsection 2 , other than for violation of section 16301 , or under subsection 3 or 6 , unless the action is instituted within the earlier of 2 years after discovery of the facts constituting the violation or 5 years after the violation. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

11. No enforcement of violative contract. A person that has made, or has engaged in the performance of, a contract in violation of this chapter or a rule adopted or order issued under this chapter, or that has acquired a purported right under the contract with knowledge of conduct by reason of which its making or performance was in violation of this chapter, may not base an action on the contract. [PL 2005, c. 65, Pt. A, §2 (NEW).]

12. No contractual waiver. A condition, stipulation or provision binding a person purchasing or selling a security or receiving investment advice to waive compliance with this chapter or a rule adopted or order issued under this chapter is void. [PL 2005, c. 65, Pt. A, §2 (NEW).]

13. Survival of other rights or remedies. The rights and remedies provided by this chapter are in addition to any other rights or remedies that may exist, but this chapter does not create a cause of action not specified in this section or section 16411, subsection 5 . [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 1201-B — ME Code / Title 32 / Chapter 17 / Section 1201-B
32 §1201-B. Licensure by endorsement
Status: in_force

Notwithstanding any provision of this chapter to the contrary, the board, in accordance with Title 10, section 8003‑H and any applicable rules adopted pursuant to that section, shall establish a process to issue a license by endorsement for each license authorized under this chapter that the board determines is appropriate for licensure by endorsement. An applicant may submit an application under the process established under this section or any other licensure process authorized in this chapter. [PL 2021, c. 642, §10 (NEW).]
32 M.R.S. § 17508 — ME Code / Title 32 / Chapter 137 / Section 17508
32 §17508. Establishment of Audiology and Speech-Language Pathology Compact Commission
Status: in_force

1. Commission established. The member states hereby create a joint public agency known as the Audiology and Speech-Language Pathology Compact Commission as follows. A. The commission is an instrumentality of the compact states. [PL 2023, c. 310, §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 2023, c. 310, §1 (NEW).] C. This compact may not be construed to be a waiver of sovereign immunity. [PL 2023, c. 310, §1 (NEW).] [PL 2023, c. 310, §1 (NEW).]

2. Membership, voting and meetings. This subsection governs the membership, voting and meetings of the commission. A. Each member state has 2 delegates selected by that member state's licensing board. [PL 2023, c. 310, §1 (NEW).] B. A delegate under paragraph A must be a current member of the member state's licensing board, and one delegate must be an audiologist and one delegate must be a speech-language pathologist. [PL 2023, c. 310, §1 (NEW).] C. A member state's delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. [PL 2023, c. 310, §1 (NEW).] D. A member state's licensing board shall fill any vacancy occurring in the commission within 90 days. [PL 2023, c. 310, §1 (NEW).] E. Each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and must otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. [PL 2023, c. 310, §1 (NEW).] F. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. [PL 2023, c. 310, §1 (NEW).] [PL 2023, c. 310, §1 (NEW).]

3. Powers and duties of commission. The commission has the following powers and duties: A. Establish a code of ethics for the commission; [PL 2023, c. 310, §1 (NEW).] B. Establish the fiscal year of the commission; [PL 2023, c. 310, §1 (NEW).] C. Establish bylaws; [PL 2023, c. 310, §1 (NEW).] D. Maintain the commission's financial records in accordance with the bylaws; [PL 2023, c. 310, §1 (NEW).] E. Meet and take such actions as are consistent with the provisions of this compact and the bylaws; [PL 2023, c. 310, §1 (NEW).] F. 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 member states; [PL 2023, c. 310, §1 (NEW).] G. Bring and prosecute legal proceedings or actions in the name of the commission, except that the standing of any state audiology or speech-language pathology licensing board to sue or be sued under applicable law is not affected; [PL 2023, c. 310, §1 (NEW).] H. Purchase and maintain insurance and bonds; [PL 2023, c. 310, §1 (NEW).] I. Borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state; [PL 2023, c. 310, §1 (NEW).] J. 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 2023, c. 310, §1 (NEW).] K. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and receive, use and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest; [PL 2023, c. 310, §1 (NEW).] L. Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property, real, personal or mixed, as long as at all times the commission avoids any appearance of impropriety; [PL 2023, c. 310, §1 (NEW).] M. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2023, c. 310, §1 (NEW).] N. Establish a budget and make expenditures; [PL 2023, c. 310, §1 (NEW).] O. Borrow money; [PL 2023, c. 310, §1 (NEW).] P. Appoint committees, including standing committees, composed of members and other interested persons as may be designated in this compact and the bylaws; [PL 2023, c. 310, §1 (NEW).] Q. Provide and receive information from, and cooperate with, law enforcement agencies; [PL 2023, c. 310, §1 (NEW).] R. Establish and elect an executive committee; and [PL 2023, c. 310, §1 (NEW).] S. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of audiology and speech-language pathology licensure and practice. [PL 2023, c. 310, §1 (NEW).] [PL 2023, c. 310, §1 (NEW).]

4. Executive committee. The executive committee has the power to act on behalf of the commission according to the terms of this compact in accordance with this subsection. A. The executive committee is composed of the following 10 members: (1) Seven voting members who are elected by the commission from the current membership of the commission; (2) One ex officio, nonvoting member from a recognized national audiology professional association; (3) One ex officio, nonvoting member from a recognized national speech-language pathology professional association; and (4) One ex officio, nonvoting member from the recognized membership organization of the audiology and speech-language pathology licensing boards. [PL 2023, c. 310, §1 (NEW).] B. The ex officio members under paragraph A must be selected by their respective organizations. [PL 2023, c. 310, §1 (NEW).] C. The commission may remove any member of the executive committee as provided in the bylaws. [PL 2023, c. 310, §1 (NEW).] D. The executive committee shall meet at least annually. [PL 2023, c. 310, §1 (NEW).] E. The executive committee shall: (1) Recommend to the entire commission changes to the rules or bylaws, changes to this compact, fees paid by member states such as annual dues and any commission compact fee charged to licensees for the compact privilege; (2) Ensure compact administration services are appropriately provided, contractually or otherwise; (3) Prepare and recommend the budget; (4) Maintain financial records on behalf of the commission; (5) Monitor compact compliance of member states and provide compliance reports to the commission; (6) Establish additional committees as necessary; and (7) Perform other duties as provided in the rules or bylaws. [PL 2023, c. 310, §1 (NEW).] [PL 2023, c. 310, §1 (NEW).]

5. Public and nonpublic meetings. This subsection governs the requirements for public and nonpublic meetings of the commission. A. All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rule-making provisions in section 17510 . [PL 2023, c. 310, §1 (NEW).] B. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (1) Noncompliance of a member state with its obligations under the compact; (2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (3) Current, threatened or reasonably anticipated litigation; (4) Negotiation of contracts for the purchase, lease or sale of goods, services or real estate; (5) Accusing any person of a crime or formally censuring any person; (6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (7) Disclosure of information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy; (8) Disclosure of investigative records compiled for law enforcement purposes; (9) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (10) Matters specifically exempted from disclosure by federal or member state statute. [PL 2023, c. 310, §1 (NEW).] C. If a meeting, or portion of a meeting, is closed pursuant to this subsection, the commission's legal counsel or legal counsel's designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. [PL 2023, c. 310, §1 (NEW).] D. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for those actions, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. [PL 2023, c. 310, §1 (NEW).] [PL 2023, c. 310, §1 (NEW).]

6. Financing of commission. This subsection governs the financial operations of the commission. A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2023, c. 310, §1 (NEW).] B. The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. [PL 2023, c. 310, §1 (NEW).] C. The commission may levy on and collect from each member state an annual assessment 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 by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states. [PL 2023, c. 310, §1 (NEW).] D. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the obligations, and the commission may not pledge the credit of any of the member states, except by and with the authority of the member state. [PL 2023, c. 310, §1 (NEW).] E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. [PL 2023, c. 310, §1 (NEW).] [PL 2023, c. 310, §1 (NEW).]

7. Qualified immunity, defense and indemnification. This subsection governs immunity provisions and defense and indemnification requirements of the commission. A. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. [PL 2023, c. 310, §1 (NEW).] B. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct and except that nothing in this paragraph may be construed to prohibit that person from retaining that person's own counsel. [PL 2023, c. 310, §1 (NEW).] C. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. [PL 2023, c. 310, §1 (NEW).] [PL 2023, c. 310, §1 (NEW).]
32 M.R.S. § 15206-A — ME Code / Title 32 / Chapter 133 / Section 15206-A
32 §15206-A. Denial or refusal to renew license; disciplinary action
Status: in_force

1. Investigations. [PL 2007, c. 402, Pt. NN, §3 (RP).]

2. Suspension; revocation. [PL 2007, c. 402, Pt. NN, §3 (RP).]

The director 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 2013, c. 70, Pt. D, §11 (AMD).]
32 M.R.S. § 1525 — ME Code / Title 32 / Chapter 22 / Section 1525
32 §1525. License required
Status: in_force

A person may not provide interpreting services as defined in this chapter for compensation or remuneration unless properly licensed in accordance with this chapter. This section also applies to a person providing video-based interpreting services in which one or more participants are physically located in the State and the person providing the services does not meet the exemptions as set out under section 1525‑A . [PL 2019, c. 284, §13 (AMD).]
32 M.R.S. § 4661 — ME Code / Title 32 / Chapter 69 / Section 4661
32 §4661. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following words shall have the following meanings. [PL 1977, c. 696, §250 (NEW).]

1. Consumer. "Consumer" means any person who purchases or contracts for the purchase of merchandise for any purpose, except resale in the ordinary course of trade or business. [PL 1969, c. 395 (NEW).]

2. Merchandise. "Merchandise" includes any objects, wares, goods, commodities, intangibles or services. [PL 1969, c. 395 (NEW).]

2-A. Permanent place of business. "Permanent place of business" means the building or other permanently affixed structure, including a home residence, which is used in whole or in part for the purpose of engaging in sales of consumer merchandise. [PL 1987, c. 202, §1 (NEW).]

3. Person. "Person" includes any individual, firm, copartnership, association, society, club, corporation, estate, trust and any agent, employee, salesman, partner, officer, director, member, stockholder or trustee thereof. [PL 1969, c. 395 (NEW).]

4. Sale. "Sale" includes any sale, transfer, exchange or barter, offer for sale or attempt to sell any merchandise for cash or on credit. [PL 1969, c. 395 (NEW).]
32 M.R.S. § 18323 — ME Code / Title 32 / Chapter 143 / Section 18323
32 §18323. Powers and duties of the board
Status: in_force

The board has the following powers and duties in addition to all other powers and duties imposed by this chapter: [PL 2015, c. 429, §21 (NEW).]

1. Hearings and procedures. [PL 2023, c. 17, Pt. P, §10 (RP).]

2. Complaints. [PL 2023, c. 17, Pt. P, §11 (RP).]

3. Fees. [PL 2023, c. 17, Pt. P, §12 (RP).]

4. Budget. [PL 2023, c. 17, Pt. P, §13 (RP).]

5. Adequacy of budget, fees and staffing. [PL 2023, c. 17, Pt. P, §14 (RP).]

6. Executive director; duties. [PL 2023, c. 17, Pt. P, §15 (RP).]

7. Authority to delegate. [PL 2023, c. 17, Pt. P, §16 (RP).]

8. Protocols for professional review committee. The authority to establish protocols for the operation of a professional review committee as defined in Title 24, section 2502, subsection 4‑A . The protocols must include the committee reporting information the board considers appropriate regarding reports received, contracts or investigations made and the disposition of each report, as long as the committee is not required to disclose any personally identifiable information. The protocols may not prohibit an impaired licensee under this chapter from seeking alternative forms of treatment; and [PL 2015, c. 429, §21 (NEW).]

9. Authority to order a mental or physical examination. The authority to direct a licensee, who by virtue of an application for and acceptance of a license to practice under this chapter is considered to have given consent, to submit to an examination whenever the board determines the licensee may be suffering from a mental illness or physical illness that may be interfering with competent practice under this chapter or from the use of intoxicants or drugs to an extent that prevents the licensee from practicing competently and with safety to patients. A licensee examined pursuant to an order of the board may not prevent the testimony of the examining individual or prevent the acceptance into evidence of the report of an examining individual. The board may petition the District Court for immediate suspension of a license if the licensee fails to comply with an order of the board to submit to a mental or physical examination pursuant to this subsection. [PL 2015, c. 429, §21 (NEW).]

10. Subpoena authority. In addition to the powers under Title 10, section 8003, subsection 5‑A , the power to issue subpoenas in accordance with the terms of Title 5, section 9060 , except that the authority applies to any stage of an investigation and is not limited to an adjudicatory proceeding. [PL 2023, c. 17, Pt. P, §17 (NEW).]

11. Assessment of costs. When there is a finding of a violation, the power to assess the licensee for all or part of the actual expenses incurred by the board or its agents for investigations and enforcement duties performed. For the purposes of this subsection, "actual expenses" includes, but is not limited to, travel expenses and the proportionate part of the salaries and other expenses of investigators or inspectors, hourly costs of hearing officers, costs associated with record retrieval and the costs of transcribing or reproducing the administrative record. The board, as soon as feasible after a finding of a violation, shall give the licensee notice of the assessment. The licensee shall pay the assessment in the time specified by the board, which may not be less than 30 days after notice of the assessment. [PL 2023, c. 17, Pt. P, §18 (NEW).]
32 M.R.S. § 2109-A — ME Code / Title 32 / Chapter 31 / Section 2109-A
32 §2109-A. Inspection or copying of record; procedure
Status: in_force

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

2. Notice and opportunity to review. When the board acknowledges a request to inspect or copy an applicant's or a licensee's record as required by Title 1, section 408‑A, subsection 3 , the board shall send a notice to the applicant or licensee at the applicant's or licensee's last address on file with the board explaining that the request has been made and that the applicant or licensee may review the redacted record before it is made available for inspection or copying. The acknowledgment to the requester must include a description of the review process provided to the applicant or licensee pursuant to this section, including the fact that all or part of the record may be withheld if the board finds that disclosure of all or part of the redacted record creates a potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party. The applicant or licensee has 10 business days from the date the board sends the notice to request the opportunity to review the redacted record. If the applicant or licensee so requests, the board shall send a copy of the redacted record to the applicant or licensee for review. The board shall make the redacted record available to the requester for inspection or copying 10 business days after sending the redacted record to the applicant or licensee for review unless the board receives a petition from the applicant or licensee under subsection 4 . [PL 2019, c. 499, §1 (NEW).]

3. Reasonable costs. Reasonable costs related to the review of a record by the applicant or licensee are considered part of the board's costs to make the redacted record available for inspection or copying under subsection 2 and may be charged to the requester. [PL 2019, c. 499, §1 (NEW).]

4. Action based on personal safety. An applicant or licensee may petition the board to withhold the release of all or part of a record under subsection 2 based on the potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party if the record is disclosed to the public. The applicant or licensee must petition the board to withhold all or part of the record within 10 business days after the board sends the applicant or licensee the redacted record. The petition must include an explanation of the potential safety risks and a list of items requested to be withheld. Within 60 days of receiving the petition, the board shall notify the applicant or licensee of its decision on the petition. If the applicant or licensee disagrees with the board's decision, the applicant or licensee may file a petition in Superior Court to enjoin the release of the record under subsection 5 . [PL 2019, c. 499, §1 (NEW).]

5. Injunction based on personal safety. An applicant or licensee may bring an action in Superior Court to enjoin the board from releasing all or part of a record under subsection 2 based on the potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party if the record is disclosed to the public. The applicant or licensee must file the action within 10 business days after the board notifies the applicant or licensee under subsection 4 that the board will release all or part of the redacted record to the requester. The applicant or licensee shall immediately provide written notice to the board that the action has been filed, and the board may not make the record available for inspection or copying until the action is resolved. [PL 2019, c. 499, §1 (NEW).]

6. Hearing. The hearing on an action filed under subsection 5 may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [PL 2019, c. 499, §1 (NEW).]

7. Application. This section does not apply to requests for records from other governmental licensing or disciplinary authorities or from any health care providers located within or outside this State that are concerned with granting, limiting or denying an applicant's or licensee's employment or privileges. [PL 2019, c. 499, §1 (NEW).]
32 M.R.S. § 16803 — ME Code / Title 32 / Chapter 135 / Section 16803
32 §16803. Immunity for governmental disclosures
Status: in_force

A qualified individual who in good faith and exercising reasonable care makes a disclosure of information pursuant to section 16802 is immune from any administrative or civil liability that might otherwise arise from the disclosure or for a failure to notify the eligible adult of the disclosure. [PL 2019, c. 17, §1 (NEW).]
32 M.R.S. § 13798 — ME Code / Title 32 / Chapter 117 / Section 13798
32 §13798. Expedited partner therapy
Status: in_force

An individual licensed under this chapter may not be disciplined for dispensing drugs pursuant to a lawful prescription in accordance with the provisions of Title 22, chapter 251, subchapter 3, article 5 . [PL 2009, c. 533, §6 (NEW).]
32 M.R.S. § 220 — ME Code / Title 32 / Chapter 3-A / Section 220
32 §220. Licensing requirements
Status: in_force

1. Architects. A. A person may not practice architecture or profess to practice architecture inside the State or use the title or profess to be an "architect" or "licensed architect" or display or use any words, letters, figures, titles, sign, card advertisement or other symbol or device indicating or tending to indicate that the person is an architect or is practicing architecture, or sign technical submissions unless the person is duly licensed by the board. As used in this chapter, the practice of architecture consists of rendering or offering to render service to clients by consultations, investigations, technical submissions and a coordination of structural factors concerning the aesthetic or structural design and administration of construction contracts or any other service in connection with the designing or administration of construction contracts for buildings located inside the State that have as their principal purpose human occupancy or habitation, regardless of whether the persons are performing one or all of these duties, or whether they are performed in person or as the directing head of an office or organization performing them. As used in this chapter, the term "technical submissions" includes the preliminary studies, plans, designs, drawings, specifications and contract documents, as well as other documents, prepared in the course of practicing architecture or landscape architecture. The practice of architecture does not include the practice of landscape architecture as defined in this chapter. A licensed architect may do landscape architectural work as is incidental to the architect's work. [PL 2007, c. 402, Pt. F, §10 (AMD).] B. An architect must meet the qualifications established in this paragraph. (1) Except as otherwise provided in this chapter, to be qualified for a license to practice architecture in this State an applicant must submit evidence to the board that the applicant has passed an examination administered by a national council of architectural registration boards or an equivalent examination specified by board rule and: (a) The applicant has completed a course of study in a school or college of architecture approved by the board, with graduation evidenced by a diploma setting forth a satisfactory degree, and practical experience under the supervision of an experienced architect or architects engaged in the practice of architecture as a profession as prescribed by the board by rule; or (b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully equivalent to that required in division (a). (2) An applicant for licensure as an architect in this State who has a current and valid license from another jurisdiction and a certificate from a national council of architectural registration boards or other organization approved by the board may offer to render architectural services in this State prior to licensure by the board if the applicant first notifies the board in writing that the applicant will be present in this State to offer to render architectural services. The applicant may not render architectural services until duly licensed by the board. [PL 2015, c. 414, §1 (AMD).] C. [PL 2013, c. 217, Pt. C, §1 (RP).] [PL 2015, c. 414, §1 (AMD).]

2. Landscape architects. Landscape architects are subject to the provisions of this section. A. A person may not use the title "landscape architect" or profess to be a landscape architect or sign drawings or specifications as a landscape architect unless that person is duly licensed by the board. As used in this chapter, the practice of landscape architecture consists of rendering or offering to render services to clients by consultations, investigations, technical submissions and administration of construction contracts for the purposes of public land development and enhancement projects involving site vehicular access and circulation, multi-vehicle parking areas, grading and drainage of such ways and areas and site grading that results in drainage flows that exceed the previously existing drainage capacity, when such project submissions require the stamp or seal of a licensed professional for permit or approval by a municipal land ordinance, site plan ordinance, zoning ordinance or state land development law. These services must apply artistic and scientific principles to the research, planning, design and management of both natural and built environments. Practitioners of landscape architecture may collaborate in the design of buildings, roads, bridges and other structures with respect to the functional and aesthetic requirements of the landscape in which they are to be placed. The practice of landscape architecture does not include the practice of architecture as defined in this chapter. A licensed landscape architect may do such architectural work as is incidental to the landscape architect's work. A person licensed as a landscape architect pursuant to this subsection is entitled to practice within the scope of that person's knowledge, skill and abilities. This subsection may not be construed to affect or prevent the practice of architecture, engineering or any other legally recognized profession. [PL 2007, c. 390, §1 (RPR).] B. A landscape architect must meet the qualifications established in this paragraph. (1) Except as otherwise provided in this chapter, to be qualified for a license to practice landscape architecture in this State, an applicant must submit evidence to the board that the applicant has passed an examination administered by a national council of landscape architectural registration boards or an equivalent examination specified by board rule and: (a) The applicant has completed a course of study in a school or college of landscape architecture approved by the board, with graduation evidenced by a diploma setting forth a satisfactory degree, and practical experience in landscape architectural work as prescribed by the board by rule; or (b) The applicant has training or practical experience, or a combination of both, that in the opinion of the board is fully equivalent to that required in division (a). (2) An applicant for licensure as a landscape architect in this State who has a current and valid license from another jurisdiction and a certificate from a recognized council of landscape architectural registration boards may offer to render landscape architectural services in the State prior to licensure by the board as long as the applicant first notifies the board in writing that the applicant will be present in the State to offer to render landscape architectural services. The applicant may not render landscape architectural services until duly licensed by the board. (3) An applicant for renewal of a license issued pursuant to this section shall submit evidence that the applicant meets the qualifications established by the board. [PL 2023, c. 548, §1 (AMD).] C. [PL 2013, c. 217, Pt. C, §2 (RP).] [PL 2023, c. 548, §1 (AMD).]
32 M.R.S. § 84 — ME Code / Title 32 / Chapter 2-B / Section 84
32 §84. Board: Powers and duties; goals; work plans
Status: in_force

1. Powers and duties. The board has the following powers and duties. A. The board shall conduct an emergency medical services program to fulfill the purposes, requirements and goals of this chapter. The board shall adopt the forms, rules, procedures, testing requirements, policies and records appropriate to carry out the purposes, requirements and goals of this chapter. [PL 1991, c. 588, §6 (AMD).] B. Notwithstanding any other provision of law, any rule-making hearing held under this chapter and required by the Maine Administrative Procedure Act, Title 5, chapter 375 , must be conducted by the board, the director or other staff as delegated by rule or a person in a major policy-influencing position, as defined in Title 5, section 931 , who has responsibility over the subject matter of the proposed rule. [PL 1991, c. 588, §7 (AMD).] C. The board shall appoint a licensed physician as statewide emergency medical services medical director and may appoint a licensed physician as statewide associate emergency medical services medical director. These physicians shall advise Maine Emergency Medical Services and shall carry out the duties assigned to the medical director pursuant to this chapter, or as specified by contract. A person appointed and serving as the statewide emergency medical services medical director or statewide associate emergency medical services medical director is immune from any civil liability, as are employees of governmental entities under the Maine Tort Claims Act, for acts performed within the scope of the medical director's duties. [PL 2019, c. 370, §14 (AMD).] D. Rules adopted pursuant to this chapter must include, but are not limited to, the following: (1) The composition of regional councils and the process by which they come to be recognized; (2) The manner in which regional councils must report their activities and finances and the manner in which those activities must be carried out under this chapter; (4) The requirements for licensure for all vehicles, persons and services subject to this chapter, including training and testing of personnel; and (5) Fees to be charged for licenses under this section. [PL 2011, c. 271, §7 (AMD).] E. With the approval of the commissioner, the board shall appoint a Director of Maine Emergency Medical Services. [PL 1991, c. 588, §10 (NEW).] F. The board shall appoint or, as specified in section 89, subsection 2, paragraph B , approve the members of the Medical Direction and Practices Board. [PL 2015, c. 82, §4 (NEW).] G. In accordance with applicable provisions of this chapter, the board may by rule establish appropriate licensure levels and qualifications for emergency medical services persons, emergency medical dispatchers, emergency medical services educators, emergency medical dispatch centers, emergency medical services training centers, ambulance services and nontransporting emergency medical services. [PL 2023, c. 166, §1 (NEW).] H. The board, by majority vote and in consultation with the Commissioner of Public Safety or the commissioner's designee, shall appoint the Emergency Medical Services Licensing Board. The licensing board consists of 7 members as follows: (1) A member who is an emergency medical services physician representing hospitals; (2) A member representing advanced emergency medical services persons; (3) A member representing basic emergency medical services persons; (4) A member representing emergency medical dispatch services; (5) A member representing emergency medical services licensed training centers; (6) A member representing emergency medical services administrators; and (7) The Director of Maine Emergency Medical Services or the director's designee. [PL 2025, c. 491, §4 (NEW).] [PL 2025, c. 491, §4 (AMD).]

2. Goals. The board shall establish and pursue its goals as follows. A. The board shall monitor the provision of emergency medical services within the State. The board shall establish, by rule, its goals in monitoring the provision of services and in ensuring that these services are appropriately delivered. These goals must be in the nature of objectives and do not constitute absolute requirements. In establishing these goals, the board shall seek the input of individuals, agencies, services and organizations interested in emergency medical services. [PL 2007, c. 274, §10 (AMD).] B. In each year, and in conjunction with the preparation of the emergency medical services report, the director under the direction of the board shall prepare a list of those among the goals that most need to be pursued in the succeeding year. [PL 2007, c. 274, §10 (AMD).] C. In pursuing these goals, the board may contract for services with regional councils; cooperate with other departments or agencies; accept and disburse granted funds; or act in other lawful ways as may best serve the public good. [PL 2007, c. 274, §10 (AMD).] [PL 2007, c. 274, §10 (AMD).]

3. Work plans. Each year, the board shall issue an emergency medical services' report indicating: A. The extent to which the emergency medical system was used throughout the State, and the incidence of various medical conditions which called it into service; [PL 1981, c. 661, §2 (NEW).] B. The extent and nature of the continuing programs of training and support for emergency medical services carried out by the regional councils and Maine Emergency Medical Services; [PL 1991, c. 588, §12 (AMD).] C. The extent to which the goals laid down in this chapter were pursued, and with what success; [PL 1981, c. 661, §2 (NEW).] D. The plan, for the coming year, to pursue the various goals; and [PL 1981, c. 661, §2 (NEW).] E. The income and expenditures of the board and of the regional councils. [PL 1991, c. 588, §12 (AMD).] [PL 1991, c. 588, §12 (AMD).]

4. Establishment of community paramedicine services. The board may establish community paramedicine services. As used in this subsection, "community paramedicine" means the practice by an emergency medical services provider primarily in an out-of-hospital setting of providing episodic patient evaluation, advice and treatment directed at preventing or improving a particular medical condition, within the scope of practice of the emergency medical services provider as specifically requested or directed by a physician. The board shall establish by rule the requirements and application and approval process of community paramedicine services established pursuant to this subsection. At a minimum, an emergency medical services provider, including, but not limited to, an ambulance service or nontransporting emergency medical service, that conducts community paramedicine services shall work with an identified primary care medical director, have an emergency medical services medical director and collect and submit data and written reports to the board, in accordance with requirements established by the board. The board shall also adopt rules requiring authorized community paramedicine services to: A. Comply with the Maine Background Check Center Act requirements as described in Title 22, chapter 1691; [PL 2023, c. 195, §4 (NEW).] B. Conduct initial and ongoing training of all staff regarding their obligations as mandatory reporters; [PL 2023, c. 195, §4 (NEW).] C. Meet licensing standards consistent with those required by Title 22, section 2145, subsection 3 and 4 ; and [PL 2023, c. 195, §4 (NEW).] D. Coordinate with home health agencies. [PL 2023, c. 195, §4 (NEW).] Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 195, §4 (RPR).]
32 M.R.S. § 3114-A — ME Code / Title 32 / Chapter 45-A / Section 3114-A
32 §3114-A. Qualification; application
Status: in_force

1. Qualification. To qualify for a license as a physical therapist or physical therapist assistant, an applicant must meet the following requirements: A. [PL 2019, c. 503, Pt. C, §1 (RP).] B. Be a graduate of an educational program for the physical therapist or the physical therapist assistant that is accredited by an agency recognized by the United States Commissioner of Education or the Council on Post-Secondary Accreditation, or both, and approved by the board; or if the applicant has been trained in another country, present satisfactory evidence that the applicant has graduated from a school of physical therapy approved or accredited in the country where the school is located and have educational credentials equivalent to those of the United States trained physical therapist or physical therapist assistant; and [PL 1999, c. 386, Pt. K, §3 (AMD).] C. Pass an examination, approved by the board, to determine the applicant's fitness to practice as a physical therapist or to act as a physical therapist assistant. [PL 2007, c. 402, Pt. N, §5 (AMD).] Applicants trained in another country must demonstrate proficiency in written and spoken English. [PL 2019, c. 503, Pt. C, §1 (AMD).]

2. Application. To qualify for examination or to apply for a license as a physical therapist or physical therapist assistant, an applicant shall: A. Submit an application with supporting documents to the board on forms provided by the board; and [PL 2013, c. 217, Pt. E, §2 (AMD).] B. Pay a required fee as set under section 3116‑A . [PL 2013, c. 217, Pt. E, §2 (AMD).] C. [PL 1983, c. 413, §135 (RP).] [PL 2013, c. 217, Pt. E, §2 (AMD).]
32 M.R.S. § 18540 — ME Code / Title 32 / Chapter 145-A / Section 18540
32 §18540. Oversight, dispute resolution and enforcement
Status: in_force

1. Oversight. Oversight of the compact is governed by this subsection. A. The executive and judicial branches of state government in each participating state shall enforce this compact and take all actions necessary and appropriate to implement the compact. [PL 2023, c. 670, §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. Nothing in this paragraph affects or limits the selection or propriety of venue in any action against a licensee for professional malpractice, misconduct or any such similar matter. [PL 2023, c. 670, §1 (NEW).] C. The commission is entitled to receive service of process in any proceeding regarding the enforcement or interpretation of the compact or the commission's rules and has standing to intervene in such a proceeding for all purposes. Failure to provide the commission with service of process renders a judgment or order in such a proceeding void as to the commission, this compact or commission rules. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

2. Default and technical assistance. If the commission determines that a participating state has defaulted in the performance of its obligations or responsibilities under this compact or the commission rules, the commission shall: A. Provide written notice to the defaulting state and other participating states. The notice must describe the default, the proposed means of curing the default and any other action that the commission may take; and [PL 2023, c. 670, §1 (NEW).] B. Provide remedial training and specific technical assistance regarding the default. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

3. Termination from compact. If a state in default fails to cure the default, the defaulting state may be terminated from the compact upon an affirmative vote of a majority of the participating states, and all rights, privileges and benefits conferred by this compact may be terminated on the effective date of termination. A cure of the default does not relieve the offending state of obligations or liabilities incurred during the period of default. [PL 2023, c. 670, §1 (NEW).]

4. Termination regulation. Termination of participation in the compact may be imposed only after all other means of securing compliance have been exhausted. Notice of intent to suspend or terminate must be given by the commission to the governor, the majority and minority leaders of the defaulting state's legislature and to the licensing boards of each of the participating states. [PL 2023, c. 670, §1 (NEW).]

5. Responsibilities after termination. A state that has been terminated is responsible for all assessments, obligations and liabilities incurred through the effective date of termination, including obligations that extend beyond the effective date of termination. [PL 2023, c. 670, §1 (NEW).]

6. Costs. The commission may not bear any costs related to a state that is found to be in default or that has been terminated from the compact, unless agreed upon in writing between the commission and the defaulting state. [PL 2023, c. 670, §1 (NEW).]

7. Appeal. A defaulting state that has been terminated may appeal its termination from the compact by the commission by petitioning the United States District Court for the District of Columbia or the federal district where the commission has its principal offices. The prevailing member must be awarded all costs of that litigation, including reasonable attorney's fees. [PL 2023, c. 670, §1 (NEW).]

8. Notice of termination to licensees. Upon the termination of a state's participation in the compact, that state shall immediately provide notice to all licensees within that state of the termination and that: A. Licensees who have been granted a compact privilege in that state retain the compact privilege for 180 days following the effective date of the termination; and [PL 2023, c. 670, §1 (NEW).] B. A licensee who is licensed in that state who has been granted a compact privilege in a participating state retains the compact privilege for 180 days unless the licensee also has a qualifying license in a participating state or obtains a qualifying license in a participating state before the 180-day period ends, in which case the compact privilege continues. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

9. Dispute resolution. Dispute resolution is governed by this subsection. A. Upon request by a participating state, the commission shall attempt to resolve disputes related to the compact that arise among participating states and between participating and nonparticipating states. [PL 2023, c. 670, §1 (NEW).] B. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

10. Enforcement. Enforcement of the compact is governed by this subsection. A. The commission, in the reasonable exercise of its discretion, shall enforce the provisions of the compact and the rules of the commission. [PL 2023, c. 670, §1 (NEW).] B. If compliance is not secured after all means to secure compliance have been exhausted, the commission may, by majority vote, initiate legal action in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices against a participating state in default to enforce compliance with the provisions of this compact and the commission's rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. [PL 2023, c. 670, §1 (NEW).] C. The remedies in this subsection are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

11. Legal action against commission. Legal action against the commission is governed by this subsection. A. A participating state may initiate legal action against the commission in the United States District Court for the District of Columbia or the federal district where the commission has its principal offices to enforce compliance with the provisions of the compact and its rules. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing party must be awarded all costs of such litigation, including reasonable attorney's fees. [PL 2023, c. 670, §1 (NEW).] B. A person other than a participating state may not enforce this compact against the commission. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]
32 M.R.S. § 13845 — ME Code / Title 32 / Chapter 117 / Section 13845
32 §13845. Practice protocols
Status: in_force

A pharmacist may engage in collaborative drug therapy management in compliance with a treatment protocol established by the practitioner with whom the pharmacist has a collaborative practice agreement. A copy of the treatment protocol must be submitted to the board. At a minimum, the treatment protocol must include a statement by the practitioner that describes the activities in which the pharmacist is authorized to engage and a provision that allows the practitioner, when appropriate, to override a collaborative practice decision made by the pharmacist. [PL 2013, c. 308, §4 (NEW).]
32 M.R.S. § 16610 — ME Code / Title 32 / Chapter 135 / Section 16610
32 §16610. Jurisdiction
Status: in_force

1. Sales and offers to sell. The following sections do not apply to a person that sells or offers to sell a security unless the offer to sell or the sale is made in this State or the offer to purchase or the purchase is made and accepted in this State: A. Section 16301 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Section 16302 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Section 16401, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Section 16402, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. Section 16403, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] F. Section 16404, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] G. Section 16501 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] H. Section 16506 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] I. Section 16509 ; and [PL 2005, c. 65, Pt. A, §2 (NEW).] J. Section 16510 . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Purchases and offers to purchase. The following sections do not apply to a person that purchases or offers to purchase a security unless the offer to purchase or the purchase is made in this State or the offer to sell or the sale is made and accepted in this State: A. Section 16401, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Section 16402, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Section 16403, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Section 16404, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. Section 16501 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] F. Section 16506 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] G. Section 16509 ; and [PL 2005, c. 65, Pt. A, §2 (NEW).] H. Section 16510 . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Offers in this State. For the purpose of this section, an offer to sell or to purchase a security is made in this State, whether or not either party is then present in this State, if the offer: A. Originates from within this State; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Is directed by the offeror to a place in this State and received at the place to which it is directed. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Acceptances in this State. For the purpose of this section, an offer to purchase or to sell is accepted in this State, whether or not either party is then present in this State, if the acceptance: A. Is communicated to the offeror in this State and the offeree reasonably believes the offeror to be present in this State and the acceptance is received at the place in this State to which it is directed; and [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Has not previously been communicated to the offeror, orally or in a record, outside this State. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Publications, radio, television or other electronic communications. An offer to sell or to purchase a security is not made in this State when a publisher circulates or there is circulated on the publisher's behalf in this State a bona fide newspaper or other publication of general, regular and paid circulation that is not published in this State or that is published in this State but has had more than 2/3 of its circulation outside this State during the previous 12 months or when a radio or television program or other electronic communication, except specifically addressed electronic mail or messaging, originating outside this State is received in this State. A radio or television program or other electronic communication is considered as having originated in this State if either the broadcast studio or the originating source of transmission is located in this State, unless: A. The program or communication is syndicated and distributed from outside this State for redistribution to the general public in this State; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. The program or communication is supplied by a radio, television or other electronic network with the electronic signal originating from outside this State for redistribution to the general public in this State; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. The program or communication is an electronic communication that originates outside this State and is captured for redistribution to the general public in this State by a community antenna or cable, radio, cable television or other electronic system; or [PL 2005, c. 65, Pt. A, §2 (NEW).] D. The program or communication consists of an electronic communication that originates in this State, but which is not intended for distribution to the general public in this State. [PL 2005, c. 65, Pt. A, §2 (NEW).] For purposes of this subsection, when a publication is published in editions, each edition is considered a separate publication except for material common to all editions. Radio or television programs, or other electronic communications, with changes, alterations or additions made prior to local redistribution, are considered as originating in this State. [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. Investment advice and misrepresentations. The following sections apply to a person if the person engages in an act, practice or course of business instrumental in effecting prohibited or actionable conduct in this State, whether or not either party is then present in this State: A. Section 16403, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Section 16404, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Section 16405, subsection 1 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Section 16502 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. Section 16505 ; and [PL 2005, c. 65, Pt. A, §2 (NEW).] F. Section 16506 . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 7008 — ME Code / Title 32 / Chapter 83 / Section 7008
32 §7008. Services to minors with consent of a parent or guardian
Status: in_force

A person licensed under this chapter who renders services under this chapter to a minor with the consent of one of the minor's parents or the minor's guardian is under no obligation to obtain the consent of any other parent or guardian of the minor. Nothing in this section may be construed so as to prohibit the licensed person rendering the services from informing another parent or guardian of the services. [PL 2021, c. 302, §2 (NEW).]
32 M.R.S. § 2600-E — ME Code / Title 32 / Chapter 36 / Section 2600-E
32 §2600-E. Inspection or copying of record; procedure
Status: in_force

1. Request for record; redaction. When the board receives a request to inspect or copy all or part of the record of an applicant or licensee, the board shall redact information that is not public before making the record available for inspection or copying. [PL 2019, c. 499, §2 (NEW).]

2. Notice and opportunity to review. When the board acknowledges a request to inspect or copy an applicant's or a licensee's record as required by Title 1, section 408‑A, subsection 3 , the board shall send a notice to the applicant or licensee at the applicant's or licensee's last address on file with the board explaining that the request has been made and that the applicant or licensee may review the redacted record before it is made available for inspection or copying. The acknowledgment to the requester must include a description of the review process provided to the applicant or licensee pursuant to this section, including the fact that all or part of the record may be withheld if the board finds that disclosure of all or part of the redacted record creates a potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party. The applicant or licensee has 10 business days from the date the board sends the notice to request the opportunity to review the redacted record. If the applicant or licensee so requests, the board shall send a copy of the redacted record to the applicant or licensee for review. The board shall make the redacted record available to the requester for inspection or copying 10 business days after sending the redacted record to the applicant or licensee for review unless the board receives a petition from the applicant or licensee under subsection 4 . [PL 2019, c. 499, §2 (NEW).]

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

4. Action based on personal safety. An applicant or licensee may petition the board to withhold the release of all or part of a record under subsection 2 based on the potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party if the record is disclosed to the public. The applicant or licensee must petition the board to withhold all or part of the record within 10 business days after the board sends the applicant or licensee the redacted record. The petition must include an explanation of the potential safety risks and a list of items requested to be withheld. Within 60 days of receiving the petition, the board shall notify the applicant or licensee of its decision on the petition. If the applicant or licensee disagrees with the board's decision, the applicant or licensee may file a petition in Superior Court to enjoin the release of the record under subsection 5 . [PL 2019, c. 499, §2 (NEW).]

5. Injunction based on personal safety. An applicant or licensee may bring an action in Superior Court to enjoin the board from releasing all or part of a record under subsection 2 based on the potential risk to the applicant's or licensee's personal safety or the personal safety of any 3rd party if the record is disclosed to the public. The applicant or licensee must file the action within 10 business days after the board notifies the applicant or licensee under subsection 4 that the board will release all or part of the redacted record to the requester. The applicant or licensee shall immediately provide written notice to the board that the action has been filed, and the board may not make the record available for inspection or copying until the action is resolved. [PL 2019, c. 499, §2 (NEW).]

6. Hearing. The hearing on an action filed under subsection 5 may be advanced on the docket and receive priority over other cases when the court determines that the interests of justice so require. [PL 2019, c. 499, §2 (NEW).]

7. Application. This section does not apply to requests for records from other governmental licensing or disciplinary authorities or from any health care providers located within or outside this State that are concerned with granting, limiting or denying an applicant's or licensee's employment or privileges. [PL 2019, c. 499, §2 (NEW).]
32 M.R.S. § 18109 — ME Code / Title 32 / Chapter 139 / Section 18109
32 §18109. Inspection of aboveground and underground propane and natural gas storage facilities and rooftop installations of ASME containers
Status: in_force

The board shall inspect and issue permits to aboveground and underground propane and natural gas storage facilities and rooftop installations of ASME containers to a person who applies and submits a fee under section 18143 . [PL 2009, c. 344, Pt. C, §3 (NEW); PL 2009, c. 344, Pt. E, §2 (AFF).]
32 M.R.S. § 9859 — ME Code / Title 32 / Chapter 103 / Section 9859
32 §9859. Licensure renewal; fees
Status: in_force

An original or renewal license fee as set under section 9859‑A must be paid by the applicant or licensee. All licenses must be renewed as the Commissioner of Professional and Financial Regulation may designate, as set forth in Title 10, section 8003, subsection 4 . Any license not renewed by the designated renewal date automatically expires. Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee and renewal fee as set under section 9859‑A . Any person who submits an application for renewal more than 90 days after the licensing renewal date must submit a renewal fee, late fee and additional late fee as set under section 9859‑A and is subject to all requirements governing new applicants under this chapter, except that the board may, giving due consideration to the protection of the public, waive examination or other requirements. [PL 2007, c. 402, Pt. X, §4 (AMD).]
32 M.R.S. § 2177 — ME Code / Title 32 / Chapter 31 / Section 2177
32 §2177. Establishment of the Interstate Commission of Nurse Licensure Compact Administrators -- Article 7
Status: in_force

1. Commission established. The party states hereby create and establish a joint public entity known as the Interstate Commission of Nurse Licensure Compact Administrators. A. The commission is an instrumentality of the party states. [PL 2017, c. 258, Pt. A, §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 2017, c. 258, Pt. A, §1 (NEW).] C. Nothing in this compact may be construed to be a waiver of sovereign immunity. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]

2. Membership, voting and meetings. This subsection governs the membership, voting and meetings of the commission. A. Each party state has and is limited to one administrator. The head of the state licensing board or the head of the state licensing board's designee is the administrator of this compact for each party state. An administrator may be removed or suspended from office as provided by the law of the state from which the administrator is appointed. Any vacancy occurring in the commission must be filled in accordance with the laws of the party state in which the vacancy exists. [PL 2017, c. 258, Pt. A, §1 (NEW).] B. Each administrator 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. An administrator shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for an administrator's participation in meetings by telephone or other means of communication. [PL 2017, c. 258, Pt. A, §1 (NEW).] C. The commission shall meet at least once during each calendar year. Additional meetings must be held as set forth in the bylaws or rules of the commission. [PL 2017, c. 258, Pt. A, §1 (NEW).] D. All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rule-making provisions in section 2178 . [PL 2017, c. 258, Pt. A, §1 (NEW).] E. The commission may convene in a closed, nonpublic meeting if the commission must discuss: (1) Noncompliance of a party state with its obligations under this compact; (2) The 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; (4) Negotiation of contracts for the purchase or sale of goods, services or real estate; (5) Accusing a person of a crime or formally censuring a person; (6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (7) Disclosure of information of a personal nature where disclosure would constitute a clearly unwarranted invasion of personal privacy; (8) Disclosure of investigatory records compiled for law enforcement purposes; (9) Disclosure of information related to any reports prepared by or on behalf of the commission for the purpose of investigation of compliance with this compact; or (10) Matters specifically exempted from disclosure by federal or state statute. [PL 2017, c. 258, Pt. A, §1 (NEW).] F. If a meeting, or portion of a meeting, is closed pursuant to paragraph E , the commission's legal counsel or designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken and the reasons for those actions, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]

3. Bylaws and rules. The commission shall, by a majority vote of the administrators, prescribe bylaws or rules to govern its conduct as may be necessary or appropriate to carry out the purposes and exercise the powers of this compact, including but not limited to: A. Establishing the fiscal year of the commission; [PL 2017, c. 258, Pt. A, §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 2017, c. 258, Pt. A, §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 and proprietary information, including trade secrets. The commission may meet in closed session only after a majority of the administrators vote to close a meeting 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 administrator, with no proxy votes allowed; [PL 2017, c. 258, Pt. A, §1 (NEW).] D. Establishing the titles, duties and authority and reasonable procedures for the election of the officers of the commission; [PL 2017, c. 258, Pt. A, §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 laws of any party state, the bylaws exclusively govern the personnel policies and programs of the commission; and [PL 2017, c. 258, Pt. A, §1 (NEW).] F. Providing a mechanism for winding up the operations of the commission and the equitable disposition of any surplus funds that may exist after the termination of this compact after the payment or reserving of all of its debts and obligations. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]

4. Publishing. The commission shall publish its bylaws and rules, and any amendments thereto, in a convenient form on the publicly accessible website of the commission. [PL 2017, c. 258, Pt. A, §1 (NEW).]

5. Financial records. The commission shall maintain its financial records in accordance with the bylaws. [PL 2017, c. 258, Pt. A, §1 (NEW).]

6. Meetings. The commission shall meet and take such actions as are consistent with the provisions of this compact and the bylaws. [PL 2017, c. 258, Pt. A, §1 (NEW).]

7. Powers. 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 party states; [PL 2017, c. 258, Pt. A, §1 (NEW).] B. To bring and prosecute legal proceedings or actions in the name of the commission; however, the standing of any licensing board to sue or be sued under applicable law is not affected; [PL 2017, c. 258, Pt. A, §1 (NEW).] C. To purchase and maintain insurance and bonds; [PL 2017, c. 258, Pt. A, §1 (NEW).] D. To borrow, accept or contract for services of personnel, including, but not limited to, employees of a party state or nonprofit organizations; [PL 2017, c. 258, Pt. A, §1 (NEW).] E. To cooperate with other organizations that administer state compacts related to the regulation of nursing, including, but not limited to, sharing administrative or staff expenses, office space or other resources; [PL 2017, c. 258, Pt. A, §1 (NEW).] F. To hire employees, elect or appoint officers, fix compensation, define duties, grant appropriate authority to carry out the purposes of this compact and establish the commission's personnel policies and programs relating to conflicts of interest, qualifications of personnel and other related personnel matters; [PL 2017, c. 258, Pt. A, §1 (NEW).] G. To accept all appropriate donations, grants and gifts of money, equipment, supplies, materials and services and to receive, use and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest; [PL 2017, c. 258, Pt. A, §1 (NEW).] H. To lease, purchase, accept appropriate gifts or donations of, or otherwise to own, hold, improve or use, any property, whether real, personal or mixed, as long as at all times the commission avoids any appearance of impropriety; [PL 2017, c. 258, Pt. A, §1 (NEW).] I. To sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, whether real, personal or mixed; [PL 2017, c. 258, Pt. A, §1 (NEW).] J. To establish a budget and make expenditures; [PL 2017, c. 258, Pt. A, §1 (NEW).] K. To borrow money; [PL 2017, c. 258, Pt. A, §1 (NEW).] L. To appoint committees, including advisory committees composed of administrators, state nursing regulators, state legislators or their representatives, consumer representatives and other interested persons; [PL 2017, c. 258, Pt. A, §1 (NEW).] M. To provide and receive information from, and to cooperate with, law enforcement agencies; [PL 2017, c. 258, Pt. A, §1 (NEW).] N. To adopt and use an official seal; and [PL 2017, c. 258, Pt. A, §1 (NEW).] O. To perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of nurse licensure and practice. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]

8. Financing of commission. This subsection governs the financial operations of the commission. A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2017, c. 258, Pt. A, §1 (NEW).] B. The commission may levy on and collect an annual assessment from each party state to cover the cost of its operations, activities and staff in its annual budget as approved each year. The aggregate annual assessment amount, if any, must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule that is binding upon all party states. [PL 2017, c. 258, Pt. A, §1 (NEW).] C. The commission may not incur obligations of any kind prior to securing the funds adequate to those obligations; nor may the commission pledge the credit of any of the party states except by and with the authority of that party state. [PL 2017, c. 258, Pt. A, §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. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]

9. Qualified immunity; defense and indemnification. This subsection governs immunity provisions and defense and indemnification requirements of the commission. A. An administrator, officer, executive director, employee or representative of the commission is immune from suit and liability, either personally or in that person's official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to protect any person from suit or liability for any damage, loss, injury or liability caused by the intentional, willful or wanton misconduct of that person. [PL 2017, c. 258, Pt. A, §1 (NEW).] B. The commission shall defend an administrator, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as 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 counsel. [PL 2017, c. 258, Pt. A, §1 (NEW).] C. The commission shall indemnify and hold harmless an administrator, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from the intentional, willful or wanton misconduct of that person. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]
32 M.R.S. § 14224 — ME Code / Title 32 / Chapter 126 / Section 14224
32 §14224. General provisions; licenses
Status: in_force

1. Practice; license required. A person may not practice cosmetology, barber hair styling, hair design, nail technology or aesthetics or act as a trainee in this State unless that person has first obtained a license as provided in this chapter. [PL 2019, c. 373, §19 (AMD).]

2. Level 1 establishment license and level 2 establishment license; operation; license required. A person, firm, corporation or other legal entity may not provide services in, operate or cause to be operated a level 1 establishment or a level 2 establishment where cosmetology, barber hair styling, hair design, nail technology or aesthetics is practiced unless that establishment has been licensed by the director. A level 1 establishment license or a level 2 establishment license issued pursuant to this subsection authorizes the operation of an establishment only at the location for which the license is issued. Operation of a level 1 establishment or level 2 establishment at any other location is unlawful unless a license for the new location has been obtained in compliance with this chapter and applicable rules. A. A level 1 establishment licensee is a person who owns an establishment, who may hold a license to practice under this chapter and who may employ one or more individuals licensed to practice in one or a combination of the practices licensed under this chapter. A level 1 establishment owner may lease space or a chair or station within or on the owner's premises to a level 2 establishment owner. [PL 2019, c. 373, §20 (RPR).] B. A level 2 establishment licensee is a person who holds a license to practice under this chapter and who leases space or a chair or station, pursuant to a written agreement or contract, within or on the premises of a licensed level 1 establishment and who provides services separate and apart from the level 1 establishment licensee. A level 2 establishment licensee is not an employee of the level 1 establishment licensee from whom the level 2 establishment licensee leases space or a chair or station and is subject to licensure, fees and compliance with laws and rules in the same manner as the level 1 establishment licensee. A person who is required to work under the supervision of a person licensed to practice under this chapter such as a holder of a temporary license issued pursuant to section 14230 or a trainee licensed pursuant to section 14232 is not eligible for a level 2 establishment license. [PL 2019, c. 373, §20 (RPR).] The director shall furnish to each licensed cosmetologist, barber hair stylist, hair designer, nail technician or aesthetician a license certifying that the holder of that license is entitled to practice in this State. The licensee shall post the license in a conspicuous place where it may be readily seen and read by all persons served. The reproduction, altering or defacing of any license is prohibited. The exceptions listed in section 14203, subsection 2 do not permit the practice of cosmetology, barber hair styling, hair design, nail technology or aesthetics in food establishments or food preparation areas. [PL 2019, c. 373, §20 (RPR).]

2-A. Operation of tanning device; public access. An establishment in which a tanning device as that term is defined in rules adopted by the Department of Health and Human Services is operated on the effective date of this subsection is not required to partition off the working area of the establishment or maintain a separate entrance in order to provide public access to the tanning device. If such an establishment undergoes a material alteration or adds more tanning devices, then the establishment may be prohibited from providing public access to the tanning device through the working area. [PL 1995, c. 187, §2 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).]

2-B. Change of ownership. The owner of a new establishment is required to apply to the director for licensure of that establishment. The owner or owners of a licensed establishment that undergoes a change in ownership shall notify the director within 10 calendar days of the change. If an establishment has more than one owner and the change in ownership results from the death or divorce of one of the owners, the notice must be provided to the director as set forth in subsection 2‑C . Whenever there is a change of ownership, the establishment license is valid for 30 calendar days from the transaction date to allow the new owner to comply with this section. [PL 2019, c. 373, §21 (AMD).]

2-C. Ownership changes resulting from death or divorce of an owner. If a licensed establishment has more than one owner and ownership changes as a result of the death or divorce of one of the owners, the director shall reissue the license for the remaining license period as long as a remaining owner is named on the existing license and the director is notified within 30 calendar days of the divorce decree or the date of death. An establishment license is valid for 60 calendar days following the death of the person in whose name the establishment is licensed. [PL 2019, c. 373, §22 (AMD).]

2-D. Special inspections. [PL 2019, c. 373, §23 (RP).]

2-E. Change of establishment location. The owner of a licensed establishment that undergoes a change in location shall notify the director, in a format as prescribed by the director, within 10 calendar days of the change in location. The director shall issue a license for the new location. The owner is not required to submit a new application and fee. The new location is subject to all requirements for the operation of an establishment and may be subject to inspection. [PL 2019, c. 373, §24 (NEW).]

3. Trainee. A trainee cosmetologist, barber hair stylist, hair designer, nail technician or aesthetician licensed pursuant to section 14232 may not independently conduct a practice but may, as a trainee, do any or all acts constituting the practice under the immediate personal supervision of a person licensed and approved by the director in a licensed establishment. [PL 2019, c. 373, §25 (AMD).]

4. Student. A student studying the practice of cosmetology, barber hair styling, hair design, nail technology, aesthetics or instructing must be enrolled in a school licensed by the director pursuant to section 14233 . [PL 2019, c. 373, §26 (AMD).]

A person who violates this section is subject to the provisions of section 14236‑A and Title 10, section 8003‑C . [PL 2007, c. 402, Pt. HH, §10 (NEW).]
32 M.R.S. § 1376 — ME Code / Title 32 / Chapter 20 / Section 1376
32 §1376. Termination of employment or agreement
Status: in_force

Within 10 days after terminating employment or a contractual agreement with a licensed fire sprinkler system contractor the certified responsible managing supervisor involved shall notify the commissioner of that fact. [PL 1997, c. 728, §36 (AMD).]
32 M.R.S. § 60-A — ME Code / Title 32 / Chapter 1-A / Section 60-A
32 §60-A. Consumer complaints of board procedure
Status: in_force

Complaints received by an occupational and professional regulatory board regarding that board's administrative procedure must be filed by the board with the Department of the Attorney General. [PL 1993, c. 600, Pt. A, §26 (NEW).]
32 M.R.S. § 2296 — ME Code / Title 32 / Chapter 32 / Section 2296
32 §2296. Rulemaking
Status: in_force

1. Rule-making authority. The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted pursuant to this section. Rules and amendments become binding as of the date specified in each rule or amendment. [PL 2021, c. 324, §2 (NEW).]

2. Adoption. The commission shall promulgate reasonable rules in order to effectively and efficiently achieve the purposes of the compact. If the commission exercises its rule-making authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted in the compact, such an action by the commission is invalid and has no force and effect. [PL 2021, c. 324, §2 (NEW).]

3. Rejection of rules. If a majority of the legislatures of the member states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, the rule has no further force and effect in any member state. [PL 2021, c. 324, §2 (NEW).]

4. Adoption at meeting. Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. [PL 2021, c. 324, §2 (NEW).]

5. Notice. Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: A. On the website of the commission or other publicly accessible platform; and [PL 2021, c. 324, §2 (NEW).] B. On the website of each member state occupational therapy licensing board or other publicly accessible platform or the publication in which each state would otherwise publish proposed rules. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

6. Notice requirements. The notice of proposed rulemaking under subsection 5 must include: A. The proposed time, date and location of the meeting at which the rule will be considered and voted upon; [PL 2021, c. 324, §2 (NEW).] B. The text of the proposed rule and the reason for the proposed rule; [PL 2021, c. 324, §2 (NEW).] C. A request for comments on the proposed rule from any interested person; and [PL 2021, c. 324, §2 (NEW).] D. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing and any written comments. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

7. Comments. Prior to adoption of a proposed rule, the commission shall allow persons to submit written data, facts, opinions and arguments, which must be made available to the public. [PL 2021, c. 324, §2 (NEW).]

8. Opportunity for public hearing. The commission shall grant an opportunity for a public hearing before it adopts a rule or amendment if a hearing is requested by: A. At least 25 persons; [PL 2021, c. 324, §2 (NEW).] B. A state or federal governmental subdivision or agency; or [PL 2021, c. 324, §2 (NEW).] C. An association or organization having at least 25 members. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

9. Notice of hearing. If a hearing is held on the proposed rule or amendment, the commission shall publish the place, time and date of the scheduled public hearing. If the hearing is held via electronic means, the commission shall publish the mechanism for access to the electronic hearing. A. A person wishing to be heard at the hearing shall notify the executive director of the commission or other designated member in writing of the person's desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing. [PL 2021, c. 324, §2 (NEW).] B. A hearing must be conducted in a manner that provides each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. [PL 2021, c. 324, §2 (NEW).] C. All hearings must be recorded. A copy of the recording must be made available on request. [PL 2021, c. 324, §2 (NEW).] D. Nothing in this subsection may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

10. Consideration of comments. Following the scheduled hearing date, or by the close of business on the scheduled hearing date if the hearing was not held, the commission shall consider all written and oral comments received. [PL 2021, c. 324, §2 (NEW).]

11. No public hearing. If no written notice of intent to attend the public hearing by interested persons is received, the commission may proceed with promulgation of the proposed rule without a public hearing. [PL 2021, c. 324, §2 (NEW).]

12. Final action. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if any, based on the rule-making record and the full text of the rule. [PL 2021, c. 324, §2 (NEW).]

13. Emergency rules. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule without prior notice, opportunity for comment or hearing, as long as the usual rulemaking procedures provided in the compact and in this section are retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, an emergency rule is a rule that must be adopted immediately in order to: A. Meet an imminent threat to public health, safety or welfare; [PL 2021, c. 324, §2 (NEW).] B. Prevent a loss of commission or member state funds; [PL 2021, c. 324, §2 (NEW).] C. Meet a deadline for the promulgation of an administrative rule that is established by federal law or regulation; or [PL 2021, c. 324, §2 (NEW).] D. Protect public health and safety. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

14. Revisions. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule or amendment for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions must be posted on the publicly accessible website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made in writing and delivered to the chair of the commission prior to the end of the notice period. If no challenge is made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 18517 — ME Code / Title 32 / Chapter 145 / Section 18517
32 §18517. Oversight of interstate compact
Status: in_force

1. Enforcement. The executive, legislative and judicial branches of state government in each member state shall enforce the compact and shall take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of the compact and the rules adopted under the compact have standing as statutory law but do not override existing state authority to regulate the practice of medicine. [PL 2017, c. 253, §7 (NEW).]

2. Courts. All courts shall take judicial notice of the compact and the rules in any judicial or administrative proceeding in a member state pertaining to the subject matter of the compact that may affect the powers, responsibilities or actions of the interstate commission. [PL 2017, c. 253, §7 (NEW).]

3. Service of process. The interstate commission is entitled to receive all service of process in any proceeding under subsection 2 and has standing to intervene in the proceeding for all purposes. Failure to provide service of process to the interstate commission renders a judgment or order void as to the interstate commission, the compact or adopted rules. [PL 2017, c. 253, §7 (NEW).]
32 M.R.S. § 14011 — ME Code / Title 32 / Chapter 124 / Section 14011
32 §14011. Board of Real Estate Appraisers; establishment
Status: in_force

1. Establishment. The Board of Real Estate Appraisers is established within the department pursuant to Title 5, section 12004‑A, subsection 9‑B and shall carry out the purposes of this Act. [PL 1999, c. 185, §5 (NEW).]

2. Members. The board consists of 9 members appointed by the Governor. Each member must be a resident of this State. The board consists of: A. Two public members as defined in Title 5, section 12004‑A ; [PL 2025, c. 359, §1 (AMD).] B. Five members who hold valid appraiser licenses, including at least one member who holds a certified general license and one member who holds a certified residential real property appraiser license; [PL 2025, c. 359, §1 (AMD).] C. One member who is actively engaged in the business of real estate brokerage as defined in section 13001, subsection 2 ; and [PL 2025, c. 359, §1 (NEW).] D. One member who is actively engaged in the business of banking, including lending for the purpose of buying real property, or who is actively engaged in the mortgaging of real property as governed by Title 33, chapter 9 . [PL 2025, c. 359, §1 (NEW).] [PL 2025, c. 359, §1 (AMD).]

3. Geographic distribution. [PL 2007, c. 402, Pt. GG, §3 (RP).]

4. Terms; removal. Terms of the members of the board are for 3 years. Appointments of members must comply with Title 10, section 8009 . Members may be removed by the Governor for cause. [PL 2007, c. 402, Pt. GG, §3 (AMD).]

5. Meetings; chair. The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. [PL 2013, c. 246, Pt. B, §27 (AMD).]

6. Election of officers. [PL 2007, c. 402, Pt. GG, §3 (RP).]

7. Exemption from standard. The following are exempt from the requirements of the Uniform Standards of Professional Appraisal Practice, Standards 3 and 4 (2024): A. A board member serving in the capacity of assigned complaint officer while performing an investigation or testifying at an adjudicatory hearing; [PL 2011, c. 286, Pt. L, §1 (NEW).] B. A board member serving in the capacity of reviewer while reviewing the work experience of an applicant for licensure; and [PL 2011, c. 286, Pt. L, §1 (NEW).] C. An investigator employed by or retained by the department while performing an investigation or testifying at an adjudicatory hearing. [PL 2011, c. 286, Pt. L, §1 (NEW).] [PL 2023, c. 543, §1 (AMD).]
32 M.R.S. § 18712 — ME Code / Title 32 / Chapter 149 / Section 18712
32 §18712. Date of implementation of compact; associated rules; withdrawal; amendment (WHOLE SECTION TEXT EFFECTIVE 1/01/26)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 1/01/26)

1. Effective date. The compact takes effect on the date on which the compact statute is enacted into law in the 10th member state. The provisions of the compact that become effective at that time are limited to the powers granted to the commission relating to assembly and the promulgation of rules. After the effective date of the compact, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

2. Subsequent member states. Any state that joins the compact subsequent to the commission's initial adoption of the rules is subject to the rules as they exist on the date on which the compact becomes law in that state. Any rule that has been previously adopted by the commission has the full force and effect of law on the day the compact becomes law in that state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

3. Withdrawal. Any member state may withdraw from this compact by enacting a statute repealing the same. A. A member state's withdrawal does not take effect until 6 months after enactment of the repealing statute. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. Withdrawal does not affect the continuing requirement of the withdrawing state's physical therapy licensing board to comply with the investigative and adverse action reporting requirements of this chapter prior to the effective date of withdrawal. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

4. Other agreements or arrangements. Nothing contained in this compact may be construed to invalidate or prevent any physical therapy licensure agreement or other cooperative arrangement between a member state and a nonmember state that does not conflict with the provisions of this compact. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

5. Amendment. This compact may be amended by the member states. An amendment to this compact does not become effective and binding upon any member state until it is enacted into the laws of all member states. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
32 M.R.S. § 2294 — ME Code / Title 32 / Chapter 32 / Section 2294
32 §2294. Establishment of Occupational Therapy Compact Commission
Status: in_force

1. Commission established. The member states hereby create and establish a joint public agency known as the Occupational Therapy Compact Commission as follows. A. The commission is an instrumentality of the compact states. [PL 2021, c. 324, §2 (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. 324, §2 (NEW).] C. This compact may not be construed to be a waiver of sovereign immunity. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

2. Membership, voting and meetings. This subsection governs the membership, voting and meetings of the commission. A. Each member state is limited to one delegate selected by that member state's licensing board. [PL 2021, c. 324, §2 (NEW).] B. The delegate must be either: (1) A current member of the licensing board, who is an occupational therapist, occupational therapy assistant or public member; or (2) An administrator of the licensing board. [PL 2021, c. 324, §2 (NEW).] C. A member state's delegate may be removed or suspended from office as provided by the law of the state from which the delegate is appointed. [PL 2021, c. 324, §2 (NEW).] D. The member state's licensing board shall fill any vacancy occurring in the commission within 90 days. [PL 2021, c. 324, §2 (NEW).] E. Each delegate is entitled to one vote with regard to the promulgation of rules and creation of bylaws and must otherwise have an opportunity to participate in the business and affairs of the commission. A delegate shall vote in person or by such other means as provided in the bylaws. The bylaws may provide for delegates' participation in meetings by telephone or other means of communication. [PL 2021, c. 324, §2 (NEW).] F. The commission shall meet at least once during each calendar year. Additional meetings may be held as set forth in the bylaws. [PL 2021, c. 324, §2 (NEW).] G. The commission shall establish by rule a term of office for delegates. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

3. Powers and duties of commission. The commission has the following powers and duties: A. Establish a code of ethics for the commission; [PL 2021, c. 324, §2 (NEW).] B. Establish the fiscal year of the commission; [PL 2021, c. 324, §2 (NEW).] C. Establish bylaws; [PL 2021, c. 324, §2 (NEW).] D. Maintain the commission's financial records in accordance with the bylaws; [PL 2021, c. 324, §2 (NEW).] E. Meet and take such actions as are consistent with the provisions of this compact and the bylaws; [PL 2021, c. 324, §2 (NEW).] F. 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 member states; [PL 2021, c. 324, §2 (NEW).] G. Bring and prosecute legal proceedings or actions in the name of the commission, except that the standing of any occupational therapy licensing board to sue or be sued under applicable law is not affected; [PL 2021, c. 324, §2 (NEW).] H. Purchase and maintain insurance and bonds; [PL 2021, c. 324, §2 (NEW).] I. Borrow, accept or contract for services of personnel, including, but not limited to, employees of a member state; [PL 2021, c. 324, §2 (NEW).] J. 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. 324, §2 (NEW).] K. Accept any and all appropriate donations and grants of money, equipment, supplies, materials and services and receive, use and dispose of the same, as long as at all times the commission avoids any appearance of impropriety or conflict of interest; [PL 2021, c. 324, §2 (NEW).] L. Lease, purchase, accept appropriate gifts or donations of or otherwise own, hold, improve or use any property, real, personal or mixed, as long as at all times the commission avoids any appearance of impropriety; [PL 2021, c. 324, §2 (NEW).] M. Sell, convey, mortgage, pledge, lease, exchange, abandon or otherwise dispose of any property, real, personal or mixed; [PL 2021, c. 324, §2 (NEW).] N. Establish a budget and make expenditures; [PL 2021, c. 324, §2 (NEW).] O. Borrow money; [PL 2021, c. 324, §2 (NEW).] P. Appoint committees, including standing committees, composed of members, state regulators, state legislators or their representatives and consumer representatives and such other interested persons as may be designated in this compact and the bylaws; [PL 2021, c. 324, §2 (NEW).] Q. Provide and receive information from, and cooperate with, law enforcement agencies; [PL 2021, c. 324, §2 (NEW).] R. Establish and elect an executive committee; and [PL 2021, c. 324, §2 (NEW).] S. Perform such other functions as may be necessary or appropriate to achieve the purposes of this compact consistent with the state regulation of occupational therapy licensure and practice. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

4. Executive committee. The executive committee has the power to act on behalf of the commission according to the terms of this compact in accordance with this subsection. A. The executive committee is composed of the following 9 members: (1) Seven voting members who are elected by the commission from the current membership of the commission; (2) One ex officio, nonvoting member from a recognized national occupational therapy professional association; and (3) One ex officio, nonvoting member from a recognized national occupational therapy certification organization. [PL 2021, c. 324, §2 (NEW).] B. The ex officio members under paragraph A must be selected by their respective organizations. [PL 2021, c. 324, §2 (NEW).] C. The commission may remove any member of the executive committee as provided in the bylaws. [PL 2021, c. 324, §2 (NEW).] D. The executive committee shall meet at least annually. [PL 2021, c. 324, §2 (NEW).] E. The executive committee shall: (1) Recommend to the entire commission changes to the rules or bylaws, changes to this compact, fees paid by member states such as annual dues and any commission compact fee charged to licensees for the compact privilege; (2) Ensure compact administration services are appropriately provided, contractually or otherwise; (3) Prepare and recommend the budget; (4) Maintain financial records on behalf of the commission; (5) Monitor compact compliance of member states and provide compliance reports to the commission; (6) Establish additional committees as necessary; and (7) Perform other duties as provided in the rules or bylaws. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

5. Public and nonpublic meetings. This subsection governs the requirements for public and nonpublic meetings of the commission. A. All meetings must be open to the public, and public notice of meetings must be given in the same manner as required under the rule-making provisions in section 2296 . [PL 2021, c. 324, §2 (NEW).] B. The commission or the executive committee or other committees of the commission may convene in a closed, nonpublic meeting if the commission or executive committee or other committees of the commission must discuss: (1) Noncompliance of a member state with its obligations under the compact; (2) The employment, compensation, discipline or other matters, practices or procedures related to specific employees or other matters related to the commission's internal personnel practices and procedures; (3) Current, threatened or reasonably anticipated litigation; (4) Negotiation of contracts for the purchase, lease or sale of goods, services or real estate; (5) Accusing any person of a crime or formally censuring any person; (6) Disclosure of trade secrets or commercial or financial information that is privileged or confidential; (7) Disclosure of information of a personal nature if disclosure would constitute a clearly unwarranted invasion of personal privacy; (8) Disclosure of investigative records compiled for law enforcement purposes; (9) Disclosure of information related to any investigative reports prepared by or on behalf of or for use of the commission or other committee charged with responsibility of investigation or determination of compliance issues pursuant to the compact; or (10) Matters specifically exempted from disclosure by federal or member state statute. [PL 2021, c. 324, §2 (NEW).] C. If a meeting, or portion of a meeting, is closed pursuant to this subsection, the commission's legal counsel or legal counsel's designee shall certify that the meeting may be closed and shall reference each relevant exempting provision. [PL 2021, c. 324, §2 (NEW).] D. The commission shall keep minutes that fully and clearly describe all matters discussed in a meeting and shall provide a full and accurate summary of actions taken, and the reasons for those actions, including a description of the views expressed. All documents considered in connection with an action must be identified in the minutes. All minutes and documents of a closed meeting must remain under seal, subject to release by a majority vote of the commission or order of a court of competent jurisdiction. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

6. Financing of commission. This subsection governs the financial operations of the commission. A. The commission shall pay, or provide for the payment of, the reasonable expenses of its establishment, organization and ongoing activities. [PL 2021, c. 324, §2 (NEW).] B. The commission may accept any and all appropriate revenue sources, donations and grants of money, equipment, supplies, materials and services. [PL 2021, c. 324, §2 (NEW).] C. The commission may levy on and collect from each member state an annual assessment 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 by the commission each year for which revenue is not provided by other sources. The aggregate annual assessment amount must be allocated based upon a formula to be determined by the commission, which shall promulgate a rule binding upon all member states. [PL 2021, c. 324, §2 (NEW).] D. The commission may not incur obligations of any kind prior to securing the funds adequate to meet the obligations, and the commission may not pledge the credit of any of the member states, except by and with the authority of the member state. [PL 2021, c. 324, §2 (NEW).] E. The commission shall keep accurate accounts of all receipts and disbursements. The receipts and disbursements of the commission are subject to the audit and accounting procedures established under its bylaws. However, all receipts and disbursements of funds handled by the commission must be audited yearly by a certified or licensed public accountant, and the report of the audit must be included in and become part of the annual report of the commission. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

7. Qualified immunity, defense and indemnification. This subsection governs immunity provisions and defense and indemnification requirements of the commission. A. The members, officers, executive director, employees and representatives of the commission are immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused by or arising out of any actual or alleged act, error or omission that occurred, or that the person against whom the claim is made had a reasonable basis for believing occurred, within the scope of commission employment, duties or responsibilities, except that nothing in this paragraph may be construed to protect any such person from suit or liability for any damage, loss, injury or liability caused by the intentional or willful or wanton misconduct of that person. [PL 2021, c. 324, §2 (NEW).] B. The commission shall defend any member, officer, executive director, employee or representative of the commission in any civil action seeking to impose liability arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person against whom the claim is made had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from that person's intentional or willful or wanton misconduct and except that nothing in this paragraph may be construed to prohibit that person from retaining that person's own counsel. [PL 2021, c. 324, §2 (NEW).] C. The commission shall indemnify and hold harmless any member, officer, executive director, employee or representative of the commission for the amount of any settlement or judgment obtained against that person arising out of any actual or alleged act, error or omission that occurred within the scope of commission employment, duties or responsibilities, or that the person had a reasonable basis for believing occurred within the scope of commission employment, duties or responsibilities, as long as the actual or alleged act, error or omission did not result from the intentional or willful or wanton misconduct of that person. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 3300-D — ME Code / Title 32 / Chapter 48 / Section 3300-D
32 §3300-D. Interstate practice of telehealth
Status: in_force

1. Definition. For the purposes of this section, "telehealth" has the same meaning as in Title 24‑A, section 4316, subsection 1 . [PL 2021, c. 293, Pt. B, §7 (AMD).]

2. Requirements. A physician not licensed to practice medicine in this State may provide consultative services through interstate telehealth to a patient located in this State if the physician is registered in accordance with subsection 3 . A physician intending to provide consultative services in this State through interstate telehealth shall provide any information requested by the board and complete information on: A. All states and jurisdictions in which the physician is currently licensed; [PL 2015, c. 137, §1 (NEW).] B. All states and jurisdictions in which the physician was previously licensed; and [PL 2015, c. 137, §1 (NEW).] C. All negative licensing actions taken previously against the physician in any state or jurisdiction. [PL 2015, c. 137, §1 (NEW).] [PL 2021, c. 293, Pt. B, §7 (AMD).]

3. Registration. The board may register a physician to practice medicine in this State through interstate telehealth if the following conditions are met: A. The physician is fully licensed without restriction to practice medicine in the state from which the physician provides telehealth services; [PL 2021, c. 293, Pt. B, §7 (AMD).] B. The physician has not had a license to practice medicine revoked or restricted in any state or jurisdiction; [PL 2015, c. 137, §1 (NEW).] C. The physician does not open an office in this State, does not meet with patients in this State, does not receive calls in this State from patients and agrees to provide only consultative services as requested by a physician, advanced practice registered nurse or physician associate licensed in this State and the physician, advanced practice registered nurse or physician associate licensed in this State retains ultimate authority over the diagnosis, care and treatment of the patient; [PL 2015, c. 137, §1 (NEW); PL 2025, c. 316, §3 (REV).] D. The physician registers with the board every 2 years, on a form provided by the board; and [PL 2015, c. 137, §1 (NEW).] E. The physician pays a registration fee not to exceed $500. [PL 2015, c. 137, §1 (NEW).] [PL 2021, c. 293, Pt. B, §7 (AMD); PL 2025, c. 316, §3 (REV).]

4. Notification of restrictions. A physician registered to provide interstate telehealth services under this section shall immediately notify the board of restrictions placed on the physician's license to practice medicine in any state or jurisdiction. [PL 2021, c. 293, Pt. B, §7 (AMD).]

5. Jurisdiction. In registering to provide interstate telehealth services to residents of this State under this section, a physician agrees to be subject to the laws and judicial system of this State and board rules with respect to providing medical services to residents of this State. [PL 2021, c. 293, Pt. B, §7 (AMD).]

6. Notification to other states. The board shall obtain confirmation of licensure from all states and jurisdictions in which a physician applying for registration has ever been licensed prior to registering the physician pursuant to subsection 3 . The board shall request notification from a state or jurisdiction if future adverse action is taken against the physician's license in that state or jurisdiction. [PL 2015, c. 137, §1 (NEW).] Revisor's Note: §3300-D. Issuance of prescription for ophthalmic lenses (As enacted by PL 2015, c. 173, §4 is REALLOCATED TO TITLE 32, SECTION 3300-E)