32 M.R.S. § 60-K — ME Code / Title 32 / Chapter 1-A / Section 60-K
32 §60-K. Commissioner's independent assessment
Status: in_force

1. Fees. Any applicant group whose regulatory proposal has been directed to the commissioner for independent assessment shall pay an administrative fee determined by the commissioner, which may not exceed $500. The commissioner may waive the fee if the commissioner finds it in the public's interest to do so. Such a finding by the commissioner may include, but is not limited to, circumstances in which the commissioner determines that: A. The applicant group is an agency of the State; or [PL 1995, c. 686, §2 (NEW).] B. Payment of the application fee would impose unreasonable hardship on members of the applicant group. [PL 1995, c. 686, §2 (NEW).] [PL 1995, c. 686, §2 (NEW).]

2. Criteria. In conducting the independent assessment, the commissioner shall apply the evaluation criteria established in section 60‑J to all of the answers and information submitted to the commissioner or otherwise collected by the commissioner pursuant to section 60‑J . [PL 1995, c. 686, §2 (NEW).]

3. Recommendations. The commissioner shall prepare a final report, for the joint standing committee of the Legislature that requested the evaluation, that includes any legislation required to implement the commissioner's recommendation. The commissioner may recommend that no legislative action be taken on a proposal. If the commissioner finds that final answers to the evaluation criteria are sufficient to support some form of regulation, the commissioner shall recommend an agency to be responsible for the regulation and the level of regulation to be assigned to the applicant group. The recommendations of the commissioner must reflect the least restrictive method of regulation consistent with the public interest. [PL 1995, c. 686, §2 (NEW).]
32 M.R.S. § 16502 — ME Code / Title 32 / Chapter 135 / Section 16502
32 §16502. Prohibited conduct in providing investment advice
Status: in_force

1. Fraud in providing investment advice. It is unlawful for a person that advises others for compensation, either directly or indirectly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing or selling securities or that, for compensation and as part of a regular business, issues or promulgates analyses or reports relating to securities: A. To employ a device, scheme or artifice to defraud another person; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. To engage in an act, practice or course of business that operates or would operate as a fraud or deceit upon another person. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Rules defining fraud. A rule adopted under this chapter may define an act, practice or course of business of a person described in subsection 1 as fraudulent, deceptive or manipulative and prescribe means reasonably designed to prevent investment advisers and investment adviser representatives from engaging in acts, practices and courses of business defined as fraudulent, deceptive or manipulative. [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Rules specifying contents of advisory contract. A rule adopted under this chapter may specify the contents of an investment advisory contract entered into, extended or renewed by an investment adviser. [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Rulemaking. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 14038 — ME Code / Title 32 / Chapter 124 / Section 14038
32 §14038. Trainee real property appraiser
Status: in_force

1. Scope of license. A trainee real property appraiser license entitles the holder to appraise properties pursuant to this section under the supervision of a certified residential real property appraiser or a certified general real property appraiser. The trainee may appraise properties that the supervising certified residential real property appraiser or certified general real property appraiser is permitted by this chapter to appraise and is qualified to appraise. [PL 2005, c. 518, §9 (NEW).]

2. Professional qualifications. An applicant for a trainee real property appraiser license must meet the licensing requirements established by the appraiser qualifications board. An applicant must satisfactorily complete: A. Seventy-five creditable class hours as specified in the appraiser qualifications board's required core curriculum, which must include the 15-hour national uniform standards of professional appraisal practice course, within 5 years of the date of application for licensure; and [PL 2013, c. 547, §14 (NEW); PL 2013, c. 547, §19 (AFF).] B. A supervisory appraiser and trainee appraiser course as specified by the appraiser qualifications board. [PL 2013, c. 547, §14 (NEW); PL 2013, c. 547, §19 (AFF).] [PL 2013, c. 547, §14 (AMD); PL 2013, c. 547, §19 (AFF).]

3. Filing with board. [PL 2013, c. 547, §15 (RP); PL 2013, c. 547, §19 (AFF).]

4. Number of supervisors. A trainee real property appraiser may have more than one supervising certified residential real property appraiser or certified general real property appraiser. [PL 2013, c. 547, §16 (AMD); PL 2013, c. 547, §19 (AFF).]

5. Limited license term. A trainee real property appraiser license may only be renewed for 5 annual terms. After 6 years, the trainee is not eligible for license renewal but must qualify as a new applicant. [PL 2009, c. 241, Pt. D, §4 (AMD).]

6. Effective date. [PL 2013, c. 547, §17 (RP); PL 2013, c. 547, §19 (AFF).]
32 M.R.S. § 6162 — ME Code / Title 32 / Chapter 80 / Section 6162
32 §6162. Privacy of consumer financial information
Status: in_force

A cash-dispensing machine operator shall comply with the provisions of the federal Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. (1999) and the applicable implementing federal Privacy of Consumer Information regulations, as adopted by the Office of the Comptroller of the Currency, 12 Code of Federal Regulations, Part 40 (2001); the Board of Governors of the Federal Reserve System, 12 Code of Federal Regulations, Part 216 (2001); the Federal Deposit Insurance Corporation, 12 Code of Federal Regulations, Part 332 (2001); the Office of Thrift Supervision, 12 Code of Federal Regulations, Part 573 (2001); the National Credit Union Administration, 12 Code of Federal Regulations, Part 716 (2001); the Federal Trade Commission, 16 Code of Federal Regulations, Part 313 (2001); or the Securities and Exchange Commission, 17 Code of Federal Regulations, Part 248 (2001), if the cash-dispensing machine operator is a financial institution as defined in those regulations. This section is not intended to permit the release of health care information except as permitted by Title 22, section 1711‑C or Title 24‑A, chapter 24 . [PL 2001, c. 262, Pt. E, §3 (NEW).]
32 M.R.S. § 16402 — ME Code / Title 32 / Chapter 135 / Section 16402
32 §16402. Agent licensing requirement and exemptions
Status: in_force

1. Licensing requirement. It is unlawful for an individual to transact business in this State as an agent unless the individual is licensed under this chapter as an agent or is exempt from licensing as an agent under subsection 2 . [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Exemptions from licensing. The following individuals are exempt from the licensing requirement of subsection 1 : A. An individual who represents a broker-dealer in effecting transactions in this State limited to those described in Section 15(h)(2) of the federal Securities Exchange Act of 1934, 15 United States Code, Section 78o(h)(2); [PL 2023, c. 503, §3 (AMD).] B. An individual who represents a broker-dealer that is exempt under section 16401, subsection 2 or 4 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. An individual who represents an issuer with respect to an offer or sale of the issuer's own securities or those of the issuer's parent or any of the issuer's subsidiaries and who is not compensated in connection with the individual's participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. An individual who is a bona fide officer, director, partner or member of the issuer, or an individual occupying a similar status or performing similar functions, or a bona fide employee of the issuer who represents an issuer and who effects transactions in the issuer's securities exempted by section 16202 , other than section 16202, subsections 11 , 25 and 26 ; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. An individual who represents an issuer that effects transactions solely in federal covered securities of the issuer, but an individual who effects transactions in a federal covered security under Section 18(b)(3) or 18(b)(4)(D) of the federal Securities Act of 1933, 15 United States Code, Section 77r(b)(3) or 77r(b)(4)(D) is not exempt if the individual is compensated in connection with the agent's participation by the payment of commissions or other remuneration based, directly or indirectly, on transactions in those securities; [PL 2005, c. 65, Pt. A, §2 (NEW).] F. An individual who represents a broker-dealer licensed in this State under section 16401, subsection 1 or exempt from licensing under section 16401, subsection 2 in the offer and sale of securities for an account of a nonaffiliated federal covered investment adviser with investments under management in excess of $100,000,000 acting for the account of others pursuant to discretionary authority in a signed record; [PL 2005, c. 65, Pt. A, §2 (NEW).] G. An individual who represents an issuer in connection with the purchase of the issuer's own securities; [PL 2005, c. 65, Pt. A, §2 (NEW).] H. An individual who represents an issuer and who restricts participation to performing clerical or ministerial acts; or [PL 2005, c. 65, Pt. A, §2 (NEW).] I. Any other individual exempted by rule adopted or order issued under this chapter. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2023, c. 503, §3 (AMD).]

3. License effective only while employed or associated. The license of an agent is effective only while the agent is employed by or associated with a broker-dealer licensed under this chapter or an issuer that is offering, selling or purchasing its securities in this State and is effective only with respect to transactions effected as an employee or otherwise on behalf of said broker-dealer or issuer. [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Limit on employment or association. It is unlawful for a broker-dealer, or an issuer engaged in offering, selling or purchasing securities in this State, to employ or associate with an agent who transacts business in this State on behalf of broker-dealers or issuers unless the agent is licensed under subsection 1 or exempt from licensing under subsection 2 . [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Limit on affiliations. An individual may not act as an agent for more than one broker-dealer or one issuer at a time, unless the broker-dealers and the issuers for which the agent acts are affiliated by direct or indirect common control or are authorized by rule or order under this chapter. [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. § 11035 — ME Code / Title 32 / Chapter 109-A / Section 11035
32 §11035. Advisory rulings
Status: in_force

The superintendent may issue advisory rulings pertaining to the applicability of any statutory provision or any rule adopted under this chapter and shall provide by rule for the filing and prompt disposition of requests for advisory rulings. [PL 1985, c. 702, §2 (NEW).]
32 M.R.S. § 14012-A — ME Code / Title 32 / Chapter 124 / Section 14012-A
32 §14012-A. Fees
Status: in_force

The Director of the Office of Professional and Occupational Regulation within the Department of Professional and Financial Regulation may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $450 annually. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 241, Pt. D, §1 (AMD); PL 2011, c. 286, Pt. A, §5 (REV).]
32 M.R.S. § 13753 — ME Code / Title 32 / Chapter 117 / Section 13753
32 §13753. Notifications
Status: in_force

1. Changes. All licensed pharmacies shall report to the board, by mail, fax or electronic communication as accepted by the board, the occurrence of any of the following changes: A. Permanent closing, which requires 10 calendar days' prior notice to the public and to the board; [PL 2021, c. 289, §12 (AMD).] B. Change of ownership, which requires 10 calendar days' prior notice to the board; [PL 2021, c. 289, §12 (AMD).] C. Change of pharmacist, in charge which requires notice no later than 10 calendar days after the change; and [PL 2021, c. 289, §12 (AMD).] D. Any other matters and occurrences as the board may require by rule. [PL 1987, c. 710, §5 (NEW).] [PL 2021, c. 289, §12 (AMD).]

2. Other reportable events. Disasters, accidents and emergencies which may affect the strength, purity or labeling of drugs, medications, devices or other materials used in the diagnosis or the treatment of injury, illness and disease shall be immediately reported to the board. [PL 1987, c. 710, §5 (NEW).]
32 M.R.S. § 3113-B — ME Code / Title 32 / Chapter 45-A / Section 3113-B
32 §3113-B. Exemptions
Status: in_force

Nothing in this chapter prohibits: [PL 1991, c. 178, §3 (NEW).]

1. Engaging in licensed practice. Any person licensed in this State under any other provision of law from engaging in the practice for which that person is licensed; [PL 1991, c. 178, §3 (NEW).]

2. Federal officials. Any person serving in the United States Armed Services or public health service or employed by the Veterans' Administration or other federal agency from performing that person's official duties, provided the duties are limited to that service or employment; [PL 1991, c. 178, §3 (NEW).]

3. Persons employed by licensed doctors. Any person employed by and under the control of a duly licensed doctor in that doctor's office from administering modalities, as long as that person does not profess to be a physical therapist, physiotherapist, physical therapist assistant or physiotherapist assistant or use words or letters to indicate that the person is a licensed physical therapist or physical therapist assistant; [PL 2023, c. 317, §7 (AMD).]

4. Graduate physical therapist or assistant. The supervised practice of a graduate physical therapist or graduate physical therapist assistant, who is approved by the board to sit for examination, until 60 days after the publication of examination results. The graduate must work in a facility employing at least one physical therapist licensed to practice in this State who assumes responsibility for patient-related activities of the applicant; [PL 2013, c. 217, Pt. E, §1 (AMD).]

5. Student physical therapist or assistant. The supervised practice of physical therapy by a student enrolled in an accredited physical therapist or physical therapist assistant program who indicates that that person is a "student"; or [PL 1991, c. 178, §3 (NEW).]

6. Delegation to aides or assistants. Any physical therapist licensed pursuant to this chapter from delegating to a physical therapy aide or licensed physical therapist assistant treatment procedures or patient-related activities commensurate with the education and training of the person, but not including interpretation of referrals, performance or evaluation procedures or determination and modification of patient treatment programs. The board shall adopt rules governing supervision of physical therapy aides and licensed physical therapist assistants. [PL 1991, c. 178, §3 (NEW).]
32 M.R.S. § 15105 — ME Code / Title 32 / Chapter 131 / Section 15105
32 §15105. Installation of new boilers and pressure vessels
Status: in_force

A new boiler or pressure vessel that does not conform to the rules adopted by the director governing new installations may not be installed in this State. [PL 2013, c. 70, Pt. C, §14 (AMD).]

Unless otherwise exempt, all new boilers and pressure vessels to be installed must be inspected during construction by an inspector authorized to inspect boilers in this State, or, if constructed outside the State, by an inspector holding a license from this State or an inspector who holds a certificate of inspection issued by the National Board of Boiler and Pressure Vessel Inspectors, or its successor or other organization approved by the director. [PL 2013, c. 70, Pt. C, §14 (AMD).]
32 M.R.S. § 18346 — ME Code / Title 32 / Chapter 143 / Section 18346
32 §18346. Denturist
Status: in_force

1. Denturist license. Except as provided in section 18347 , an applicant for a denturist license must comply with section 18341 and must provide: A. Verification of a high school diploma or its equivalent as determined by the board; [PL 2015, c. 429, §21 (NEW).] B. Verification of a diploma from a board-approved denturism postsecondary institution; and [PL 2015, c. 429, §21 (NEW).] C. Verification of passing all examinations required by board rule. The content of one examination must have a clinical component and a written component concerning, but not limited to, dental materials, denture technology, United States Department of Health and Human Services, Centers for Disease Control and Prevention guidelines, basic anatomy and basic pathology. [PL 2015, c. 429, §21 (NEW).] [PL 2015, c. 429, §21 (NEW).]

2. Faculty denturist license. An applicant for a faculty denturist license must comply with section 18341 and must provide: A. Verification of an active denturist license in good standing issued under the laws of another state, a United States territory, a foreign nation or a foreign administrative division that issues licenses in the dental professions; and [PL 2021, c. 163, §8 (AMD).] B. Credentials, satisfactory to the board, including a letter from the employing school of dentistry, dental hygiene or denturism indicating that the applicant satisfies the credentialing standards of the school. [PL 2015, c. 429, §21 (NEW).] [PL 2021, c. 163, §8 (AMD).]
32 M.R.S. § 2594 — ME Code / Title 32 / Chapter 36 / Section 2594
32 §2594. Immunity of licensee rendering emergency care
Status: in_force

An osteopathic physician licensed under this chapter, who, in the exercise of due care, renders emergency care at the scene of an accident, is not liable for any civil damages as the result of acts or omissions by such an individual in rendering emergency care. [PL 1993, c. 600, Pt. A, §183 (AMD).]
32 M.R.S. § 82 — ME Code / Title 32 / Chapter 2-B / Section 82
32 §82. Requirement for license
Status: in_force

1. Licenses required. An ambulance service, ambulance, nontransporting emergency medical service, emergency medical services person, emergency medical services ambulance operator, emergency medical dispatch center or emergency medical dispatcher may not operate or practice unless duly licensed by the Emergency Medical Services' Board pursuant to this chapter, except as stated in subsection 2 . [PL 2021, c. 220, §1 (AMD).]

2. Licenses not required. A Maine license shall not be required for: A. Ambulance services and ambulances licensed in another state or province, provided that they do not have a base of operation in Maine and do not routinely pick up patients from the scene of their illness or injury in Maine and do not routinely carry patients between points both of which are in Maine; [PL 1981, c. 661, §2 (NEW).] B. Ambulance services, ambulances, nontransporting emergency medical services and emergency medical services persons responding into Maine from out-of-state in response to civil emergencies or natural disasters; [PL 1995, c. 161, §2 (AMD).] C. Ambulance services, ambulances, nontransporting emergency medical services and emergency medical services persons responding into Maine from out-of-state pursuant to board approved mutual aid agreements with Maine licensed services; [PL 1995, c. 161, §3 (AMD).] D. A licensed physician; [PL 1981, c. 661, §2 (NEW).] E. A person serving as an industrial nurse or safety officer, a school or youth camp nurse, a life guard, a member of a ski patrol, a nurse or technician in a hospital or a physician's office, or other similar occupation in which the person provides on-site emergency treatment at a single facility to the patrons or employees of that facility; [PL 2009, c. 211, Pt. B, §26 (AMD).] F. A person serving as a medical technician with the United States Armed Forces, the Maine Army National Guard or the Maine Air National Guard; or [PL 1993, c. 130, §1 (AMD).] G. A flight nurse while acting within the scope of employment with a Maine licensed air ambulance service. [PL 1993, c. 130, §2 (NEW).] When any doubt exists as to the applicability of this section to any person or service, that person or service shall seek an advisory opinion from the board. [PL 2009, c. 211, Pt. B, §26 (AMD).]

3. Violation. A person who violates this section commits a Class E crime. [PL 2007, c. 274, §3 (AMD).]
32 M.R.S. § 13723 — ME Code / Title 32 / Chapter 117 / Section 13723
32 §13723. Other duties, powers and authority
Status: in_force

The board has such other duties, powers and authority as may be necessary to enforce this Act and the board may adopt rules pursuant to this Act, which include, but are not limited to, the following. [PL 1987, c. 710, §5 (NEW).]

1. Professional associations. The board may join professional organizations and associations organized exclusively to promote the improvement of the standards of the practice of pharmacy for the protection of the health and welfare of the public and whose activities assist and facilitate the work of the board. [PL 1987, c. 710, §5 (NEW).]

2. Bond. In addition to any statutory requirements, the board may require such surety bonds as it considers necessary to guarantee the performance and discharge of the duties of any officer or employee receiving and disbursing funds. [PL 2007, c. 402, Pt. DD, §10 (AMD).]

3. Seal. [PL 2007, c. 402, Pt. DD, §10 (RP).]

4. Reports. [PL 2007, c. 402, Pt. DD, §10 (RP).]

5. Fees. [PL 2005, c. 262, Pt. B, §2 (RP).]

6. Grants. The board may receive and expend funds, in addition to its annual allocation, from parties other than the State, as long as: A. The funds are awarded for the pursuit of a specific objective that the board is authorized to accomplish by this Act or that the board is qualified to accomplish by reason of its jurisdiction or professional expertise; [PL 2007, c. 402, Pt. DD, §10 (AMD).] B. The funds are expended for the pursuit of the objective for which they are awarded; [PL 1987, c. 710, §5 (NEW).] C. Activities connected with or occasioned by the expenditures of the funds do not interfere with or impair the performance of the board's duties and responsibilities and do not conflict with the exercise of the board's powers as specified by this Act; [PL 1987, c. 710, §5 (NEW).] D. The funds are kept in a separate, special state account; and [PL 1987, c. 710, §5 (NEW).] E. Periodic reports are made to the commissioner concerning the board's receipt and expenditure of the funds. [PL 1987, c. 710, §5 (NEW).] [PL 2007, c. 402, Pt. DD, §10 (AMD).]

7. Investigatory powers. The board shall notify the Department of the Attorney General upon receipt of a complaint. Upon receipt of the notifications, the Attorney General shall notify the department within a timely period if the alleged violation requires criminal investigation. If a case does not require criminal investigation, the board or its authorized representatives may investigate and gather evidence concerning alleged violations of this Act or of the rules of the board. The board or an authorized representative pursuant to paragraph A may remove from any premises authorized for inspection pursuant to section 13721, subsection 1, paragraph D certain original records relating to scheduled drugs or controlled substances, including, but not limited to, prescription records, shipping and delivery records, patient profiles, inventories and other drug records for the purposes of analysis, duplication and furthering the investigation. A signed inventory receipt of any records being removed must be furnished to the premises by the board or an authorized representative. When a means of producing legible photocopies is readily available at the site of the records being removed, an authorized representative removing the records shall leave photocopies of the records as part of an inventory receipt in accordance with this subsection. Except when photocopies are left as part of an inventory receipt, the board or an authorized representative removing records from the premises shall, within 48 hours from the time of removal, provide to a representative of the premises photocopies of any removed records, together with a certificate identifying the agency in possession of the records, or return the original records. Inventory receipts and photocopies of any removed records provided by the board or an authorized representative are admissible as evidence if offered by any representative of the premises to prove compliance with any rule of the board or requirement of law. A. Prescriptions, orders and records required by this chapter and stocks of prescription and legend drugs are open only to the board, the board's authorized representatives, federal and state law enforcement officers whose duty it is to enforce the laws of this State or of the United States relating to scheduled drugs or controlled substances or to enforce conditions of probation or other supervision imposed by a court relating to scheduled drugs or controlled substances and other law enforcement officers authorized by the board, the Attorney General or the district attorney for the purposes of inspecting, investigating and gathering evidence of violations of law or any rule of the board. A person having knowledge by virtue of the person's office of any such prescription, order or record may not divulge that knowledge, except before a licensing board or representative or in connection with a prosecution or proceeding in court. [PL 2009, c. 415, Pt. A, §19 (RPR).] B. The Bureau of Health, the board, their officers, agents, inspectors and representatives, all peace officers within the State and all prosecuting attorneys shall enforce all provisions of this chapter, except those specifically delegated, and shall cooperate with all agencies charged with the enforcement of the laws of the United States, of this State and of all other states relating to prescription or legend drugs or their equivalent. [PL 1991, c. 274, §2 (AMD).] C. [PL 1995, c. 621, §4 (RP).] [PL 2009, c. 415, Pt. A, §19 (AMD).]

8. Embargo. The board may embargo certain drugs or devices as follows. A. Notwithstanding anything in this Act to the contrary, if a duly authorized representative of the board finds or has probable cause to believe that any drug or device is adulterated or misbranded within the meaning of the United States Food and Drug Act, the board representative shall affix to the drug or device a tag or other appropriate marking giving notice that the article is or is suspected of being adulterated or misbranded and has been detained or embargoed, and warning all persons not to remove or dispose of the article by sale or otherwise until provision for removal or disposal is given by the board, its representative or the court. No person may remove or dispose of the embargoed drug or device by sale or otherwise without the permission of the board or its representative or, after summary proceedings have been instituted, without permission from the court. [PL 2007, c. 402, Pt. DD, §10 (AMD).] B. When a drug or device detained or embargoed under paragraph A has been declared by a representative of the board to be adulterated or misbranded, the board shall, as soon as practical, report the declaration to the Attorney General's office, along with sufficient information to permit the Attorney General to bring a petition for an injunction to the judge of the court in whose jurisdiction the article is detained or embargoed. If the judge determines that the drug or device so detained or embargoed is not adulterated or misbranded, the board shall direct the immediate removal of the tag or other marking. [PL 1987, c. 710, §5 (NEW).] C. If the court finds the detained or embargoed drug or device is adulterated or misbranded, that drug or device, after entry of the decree, shall be destroyed at the expense of the owner under the supervision of the board representative and all court costs and fees, storage and other proper expense shall be borne by the owner of the drug or device. When the adulteration or misbranding may be corrected by proper labeling or processing of the drug or device, the court, after entry of the decree and after the costs, fees and expenses have been paid and a good and sufficient bond has been posted, may direct that the drug or device be delivered to the owner for labeling or processing under the supervision of a board representative. The expense of the supervision shall be paid by the owner. The bond shall be returned to the owner of the drug or device on representation to the court by the board that the drug or device is no longer in violation of the embargo and the expense of supervision has been paid. [PL 1987, c. 710, §5 (NEW).] [PL 2007, c. 402, Pt. DD, §10 (AMD).]

9. Budget. [PL 1995, c. 397, §111 (RP).]

10. Procedure. Except as otherwise provided, the board shall exercise all of its duties, powers and authority in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 . [PL 1987, c. 710, §5 (NEW).]

11. Exemption. The board may exempt a free clinic from all fees, in whole or in part, set under this chapter. [PL 2007, c. 402, Pt. DD, §10 (AMD).]
32 M.R.S. § 18134 — ME Code / Title 32 / Chapter 139 / Section 18134
32 §18134. Apprentice oil and solid fuel burning technician
Status: in_force

1. Scope of license. [PL 2015, c. 169, §6 (RP).]

1-A. Scope of license. The permitted activities for a person licensed as an apprentice oil burner technician or apprentice solid fuel technician are as follows. A. An apprentice oil burner technician may: (1) Assist in making oil installations and repairing and servicing of oil burning equipment under the direct supervision of a master or journeyman oil burner technician who holds the same or higher authority. License authorities include: number one and number 2 oils up to 15 gallons per hour; number one and number 2 oils over 15 gallons per hour; number 4, number 5 and number 6 oils; number one to number 6 oils; and pellet-fired central heating appliances; (2) Bleed an oil burner without direct supervision. If the oil burner fails to operate after bleeding, the apprentice shall refer the problem to a journeyman oil burner technician or master oil burner technician; and (3) Clean oil burning equipment without direct supervision if the apprentice has either successfully completed at least 160 hours of training approved by the board or completed at least one year of supervised oil burner work experience. [PL 2015, c. 169, §7 (NEW).] B. An apprentice solid fuel technician may: (1) Assist in making solid fuel installations and repairing and servicing of solid fuel burning equipment under the direct supervision of a master or journeyman solid fuel technician; and (2) Clean solid fuel burning equipment without direct supervision if the apprentice has either successfully completed at least 160 hours of training approved by the board or completed at least one year of supervised solid fuel work experience. [PL 2015, c. 169, §7 (NEW).] [PL 2015, c. 169, §7 (NEW).]
32 M.R.S. § 4175-B — ME Code / Title 32 / Chapter 62 / Section 4175-B
32 §4175-B. Department contracting
Status: in_force

The department may contract for or otherwise employ or retain services to fulfill the department's duties under this chapter, including for the administration of an educational program pursuant to section 4173‑A , the provision of examinations pursuant to section 4174 and the issuance of certificates pursuant to section 4175 . [PL 2021, c. 173, §12 (NEW).]
32 M.R.S. § 16524 — ME Code / Title 32 / Chapter 135 / Section 16524
32 §16524. Confidentiality of personal information
Status: in_force

Personal information contained in an application for restitution assistance under this subchapter is confidential. [PL 2025, c. 111, §13 (AMD).]
32 M.R.S. § 81-A — ME Code / Title 32 / Chapter 2-B / Section 81-A
32 §81-A. Statement of purpose
Status: in_force

It is the purpose of this chapter to promote and provide for a comprehensive and effective emergency medical services system to ensure optimum patient care. The Legislature finds that emergency medical services provided by an ambulance service are essential services. The Legislature finds that the provision of medical assistance in an emergency is a matter of vital concern affecting the health, safety and welfare of the public. [PL 2021, c. 749, §1 (AMD).]

It is the intent of the Legislature to designate that a central agency be responsible for the coordination and integration of all state activities concerning emergency medical services and the overall planning, evaluation, coordination, facilitation and regulation of emergency medical services systems. Further, the Legislature finds that the provision of prompt, efficient and effective emergency medical dispatch and emergency medical care, a well-coordinated trauma care system, effective communication between prehospital care providers and hospitals and the safe handling and transportation, and the treatment and nontransport under appropriate medical guidance, of the sick and injured are key elements of an emergency medical services system. This chapter is intended to promote the public health, safety and welfare by providing for the creation of a statewide emergency medical services system with standards for all providers of emergency medical services. [PL 2021, c. 159, §1 (AMD).]
32 M.R.S. § 2297 — ME Code / Title 32 / Chapter 32 / Section 2297
32 §2297. Oversight, dispute resolution and enforcement
Status: in_force

1. Oversight. This subsection governs enforcement and proceedings under the compact. A. The executive, legislative and judicial branches of state government in each member state shall enforce this compact and take all actions necessary and appropriate to effectuate the compact's purposes and intent. The provisions of this compact and the rules promulgated under this compact have standing as statutory law. [PL 2021, c. 324, §2 (NEW).] B. 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 this compact that may affect the powers, responsibilities or actions of the commission. [PL 2021, c. 324, §2 (NEW).] C. The commission is entitled to receive service of process in any proceeding under paragraph B and has standing to intervene in such a proceeding for all purposes. Failure to provide service of process to the commission renders a judgment or order void as to the commission, this compact or promulgated rules. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

2. Default, technical assistance and termination. This subsection governs default, technical assistance and termination under the compact. A. If the commission determines that a member state has defaulted in the performance of its obligations or responsibilities under this compact or the promulgated rules, the commission shall: (1) Provide written notice to the defaulting state and other member states of the nature of the default, the proposed means of curing the default and any other action to be taken by the commission; and (2) Provide remedial training and specific technical assistance regarding the default. [PL 2021, c. 324, §2 (NEW).] B. 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 member 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 2021, c. 324, §2 (NEW).] C. Termination of membership 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 each of the member states. [PL 2021, c. 324, §2 (NEW).] D. 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 2021, c. 324, §2 (NEW).] E. 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 or terminating state. [PL 2021, c. 324, §2 (NEW).] F. The defaulting state may appeal the action of 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 such litigation, including reasonable attorney's fees. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

3. Dispute resolution. This subsection governs dispute resolution under the compact. A. Upon request by a member state, the commission shall attempt to resolve disputes related to the compact that arise among member states and between member and nonmember states. [PL 2021, c. 324, §2 (NEW).] B. The commission shall promulgate a rule providing for both mediation and binding dispute resolution for disputes as appropriate. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

4. Enforcement. This subsection governs enforcement under the compact. A. The commission, in the reasonable exercise of its discretion, shall enforce the provisions and rules of this compact. [PL 2021, c. 324, §2 (NEW).] B. By majority vote, the commission may 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 member state in default to enforce compliance with the provisions of the compact and its promulgated rules and bylaws. The relief sought may include both injunctive relief and damages. If judicial enforcement is necessary, the prevailing member must be awarded all costs of such litigation, including reasonable attorney's fees. [PL 2021, c. 324, §2 (NEW).] C. The remedies in this chapter are not the exclusive remedies of the commission. The commission may pursue any other remedies available under federal or state law. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 569 — ME Code / Title 32 / Chapter 9 / Section 569
32 §569. Professional responsibility
Status: in_force

All laws and rules governing professional responsibility, unprofessional conduct and generally accepted standards of practice that apply to a person licensed under this chapter also apply to that licensee while providing telehealth services. [PL 2021, c. 291, Pt. B, §2 (NEW).]
32 M.R.S. § 14236-A — ME Code / Title 32 / Chapter 126 / Section 14236-A
32 §14236-A. Denial or refusal to renew license; disciplinary action
Status: in_force

1. Disciplinary action. In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A , the director or the director's designee may deny a license, refuse to renew a license under this chapter or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: A. Addiction, as confirmed by professional diagnosis, to the use of alcohol or other drugs that has resulted or may result in the licensee's being unable to perform duties or being unable to perform those duties in a manner that would not endanger the health or safety of the public to be served; [PL 2007, c. 402, Pt. HH, §24 (NEW).] B. A professional diagnosis of mental incompetence; [PL 2007, c. 402, Pt. HH, §24 (NEW).] C. Engaging in false, misleading or deceptive advertising; [PL 2007, c. 402, Pt. HH, §24 (NEW).] D. Employing a person to practice cosmetology, barber hair styling, hair design, nail technology or aesthetics who does not hold a valid license, unless that person is a trainee within the meaning of this chapter; or [PL 2019, c. 373, §43 (AMD).] E. Any negligence or misconduct in any of the practices licensed under this chapter. [PL 2007, c. 402, Pt. HH, §24 (NEW).] [PL 2019, c. 373, §43 (AMD).]

2. Reinstatement. [PL 2009, c. 369, Pt. B, §35 (RP).]
32 M.R.S. § 13718 — ME Code / Title 32 / Chapter 117 / Section 13718
32 §13718. Meetings
Status: in_force

1. Number. The board shall meet at least once a year to transact its business, which includes the election of officers and the reorganization of the board. The board shall meet at additional times as it may determine. Additional meetings may be called by the president or by 2/3 of the members of the board. [PL 2007, c. 402, Pt. DD, §6 (AMD).]

2. Place. [PL 2007, c. 402, Pt. DD, §6 (RP).]

3. Notice. [PL 2007, c. 402, Pt. DD, §6 (RP).]

4. Quorum. [PL 2013, c. 246, Pt. B, §24 (RP).]

5. Open meeting. [PL 2007, c. 402, Pt. DD, §6 (RP).]
32 M.R.S. § 17306 — ME Code / Title 32 / Chapter 137 / Section 17306
32 §17306. Scope of practice; speech-language pathologist
Status: in_force

Speech-language pathologists identify, assess and provide treatment for individuals of all ages with communication and swallowing disorders. Speech-language pathologists may: [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

1. Human communication. Manage and supervise programs and services related to human communication and its disorders; [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

2. Speech-language pathology. Counsel families, individuals and caregivers with respect to speech-language pathology; and [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

3. Consultation; referrals; programs. Provide consultation, make referrals and develop preventative programs. [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]

The provisions of this section pertaining to the scope of practice for speech-language pathologists neither limit nor infringe upon licensure laws of other regulated professions in this State. [PL 2007, c. 369, Pt. C, §3 (NEW); PL 2007, c. 369, Pt. C, §5 (AFF).]
32 M.R.S. § 3501-B — ME Code / Title 32 / Chapter 49 / Section 3501-B
32 §3501-B. 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 authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $350 biennially. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2009, c. 241, Pt. C, §1 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).]

1. Application. [PL 2003, c. 250, Pt. B, §5 (RP).]

2. Examination. [PL 2003, c. 250, Pt. B, §5 (RP).]

3. Licensure. [PL 2003, c. 250, Pt. B, §5 (RP).]

4. Plan review fee. [PL 2003, c. 250, Pt. B, §5 (RP).]
32 M.R.S. § 1802 — ME Code / Title 32 / Chapter 27 / Section 1802
32 §1802. Revocation of licenses
Status: in_force

The Commissioner of Agriculture, Conservation and Forestry shall have the power, in a manner consistent with the Maine Administrative Procedure Act, to refuse to renew, and the District Court, upon complaint of the commissioner or the Attorney General shall have the power, in a manner consistent with the Maine Administrative Procedure Act, to revoke or suspend any license issued under section 1851 when it is determined that any of the provisions of this chapter, or rules or regulations promulgated thereunder, have been violated. Any person, firm or corporation whose license has been so revoked or suspended shall discontinue the manufacture and sale within the State of beverages until said chapter has been complied with and a new license issued, or the suspension removed. The District Court may revoke or suspend such license temporarily until there is a compliance with this chapter or permanently for the unexpired period of such license. [PL 1977, c. 694, §582 (AMD); PL 1979, c. 731, §19 (AMD); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF); PL 2011, c. 657, Pt. W, §6 (REV).]
32 M.R.S. § 8102 — ME Code / Title 32 / Chapter 89 / Section 8102
32 §8102. Purpose
Status: in_force

The purpose of this chapter is to regulate any person, firm, corporation or other legal entity engaged in the business of private investigation. [PL 2011, c. 366, §7 (AMD).]
32 M.R.S. § 16102 — ME Code / Title 32 / Chapter 135 / Section 16102
32 §16102. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2005, c. 65, Pt. A, §2 (NEW).]

1. Administrator. "Administrator" means the Securities Administrator under section 16601 . [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Agent. "Agent" means an individual, other than a broker-dealer, who represents a broker-dealer in effecting or attempting to effect purchases or sales of securities or represents an issuer in effecting or attempting to effect purchases or sales of the issuer's securities. A partner, officer or director of a broker-dealer or issuer or an individual having a similar status or performing similar functions is an agent only if the individual otherwise comes within the meaning of the term "agent." "Agent" does not include an individual excluded by rule adopted or order issued under this chapter. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. Bank. "Bank" means: A. A banking institution organized under the laws of the United States; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A member bank of the Federal Reserve System; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A banking institution, whether incorporated or not, doing business under the laws of a state or of the United States, a substantial portion of the business of which consists of receiving deposits or exercising fiduciary powers similar to those permitted to be exercised by national banks under the authority of the Comptroller of the Currency pursuant to Section 1 of United States Public Law 87-722, 12 United States Code, Section 92a, and that is supervised and examined by a state or federal agency having supervision over banks and that is not operated for the purpose of evading this chapter; and [PL 2005, c. 65, Pt. A, §2 (NEW).] D. A receiver, conservator or other liquidating agent of any institution or firm described in paragraph A , B or C . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Broker-dealer. "Broker-dealer" means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. "Broker-dealer" does not include: A. An agent; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. An issuer; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A bank, credit union or savings institution if its activities as a broker-dealer are limited to those specified in Section 3(a)(4)(B)(i) to (vi) and (viii) to (x); Section 3(a)(5)(B); and Section 3(a)(5)(C) of the federal Securities Exchange Act of 1934, 15 United States Code, Sections 78c(a)(4) and (5); [PL 2005, c. 65, Pt. A, §2 (NEW).] D. An international banking institution; or [PL 2005, c. 65, Pt. A, §2 (NEW).] E. Any other person the administrator excludes, by rule or order, consistent with the public interest and protection of investors. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Depository institution. "Depository institution" means: A. A bank; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A savings institution, trust company, credit union or similar institution that is organized or chartered under the laws of a state or of the United States, authorized to receive deposits and supervised and examined by an official or agency of a state or the United States if its deposits or share accounts are insured to the maximum amount authorized by statute by the Federal Deposit Insurance Corporation, the National Credit Union Share Insurance Fund or a successor authorized by federal law. [PL 2005, c. 65, Pt. A, §2 (NEW).] "Depository institution" does not include an insurance company or other organization primarily engaged in the business of insurance; a Morris Plan bank; or an industrial loan company. [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. Federal covered investment adviser. "Federal covered investment adviser" means a person registered under the federal Investment Advisers Act of 1940. [PL 2005, c. 65, Pt. A, §2 (NEW).]

7. Federal covered security. "Federal covered security" means a security that is, or upon completion of a transaction will be, a covered security under Section 18(b) of the federal Securities Act of 1933, 15 United States Code, Section 77r(b) or rules or regulations adopted pursuant to that provision. [PL 2005, c. 65, Pt. A, §2 (NEW).]

8. Filing. "Filing" means the receipt under this chapter of a record by the administrator or a designee of the administrator. [PL 2005, c. 65, Pt. A, §2 (NEW).]

9. Fraud; deceit; defraud. "Fraud," "deceit" and "defraud" are not limited to common law deceit. [PL 2005, c. 65, Pt. A, §2 (NEW).]

10. Guaranteed. "Guaranteed" means guaranteed as to payment of all or substantially all of principal and interest or dividends. [PL 2005, c. 65, Pt. A, §2 (NEW).]

11. Institutional investor. "Institutional investor" means any of the following, whether acting for itself or for others in a fiduciary capacity: A. A depository institution or international banking institution; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. An insurance company; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A separate account of an insurance company; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. An investment company as defined in the federal Investment Company Act of 1940; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. A broker-dealer registered under the federal Securities Exchange Act of 1934; [PL 2005, c. 65, Pt. A, §2 (NEW).] F. An employee pension, profit-sharing or benefit plan if the plan has total assets in excess of $10,000,000 or its investment decisions are made by a named fiduciary, as defined in the federal Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the federal Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the federal Investment Advisers Act of 1940, an investment adviser registered under this chapter, a depository institution or an insurance company; [PL 2005, c. 65, Pt. A, §2 (NEW).] G. A plan established and maintained by a state, a political subdivision of a state or an agency or instrumentality of a state or a political subdivision of a state for the benefit of its employees, if the plan has total assets in excess of $10,000,000 or its investment decisions are made by a duly designated public official or by a named fiduciary, as defined in the federal Employee Retirement Income Security Act of 1974, that is a broker-dealer registered under the federal Securities Exchange Act of 1934, an investment adviser registered or exempt from registration under the federal Investment Advisers Act of 1940, an investment adviser registered under this chapter, a depository institution or an insurance company; [PL 2005, c. 65, Pt. A, §2 (NEW).] H. A trust, if it has total assets in excess of $10,000,000, its trustee is a depository institution and its participants are exclusively plans of the types identified in paragraph F or G , regardless of the size of their assets, except a trust that includes as participants self-directed individual retirement accounts or similar self-directed plans; [PL 2005, c. 65, Pt. A, §2 (NEW).] I. An organization described in Section 501(c)(3) of the Internal Revenue Code, 26 United States Code, Section 501(c)(3), a corporation, a Massachusetts trust or similar business trust, a limited liability company or partnership, not formed for the specific purpose of acquiring the securities offered, with total assets in excess of $10,000,000; [PL 2005, c. 65, Pt. A, §2 (NEW).] J. A small business investment company licensed by the United States Small Business Administration under Section 301(c) of the federal Small Business Investment Act of 1958, 15 United States Code, Section 681(c) with total assets in excess of $5,000,000; [PL 2005, c. 65, Pt. A, §2 (NEW).] K. A private business development company as defined in Section 202(a)(22) of the federal Investment Advisers Act of 1940, 15 United States Code, Section 80b‑2(a)(22) with total assets in excess of $5,000,000; [PL 2005, c. 65, Pt. A, §2 (NEW).] L. A federal covered investment adviser acting for its own account; [PL 2005, c. 65, Pt. A, §2 (NEW).] M. A qualified institutional buyer as defined in 17 Code of Federal Regulations, 230.144A(a)(1), except as defined in 17 Code of Federal Regulations 230.144A(a)(1)(i)(H); [PL 2005, c. 65, Pt. A, §2 (NEW).] N. A major U.S. institutional investor as defined in 17 Code of Federal Regulations, 240.15a-6(b)(4)(i); [PL 2005, c. 65, Pt. A, §2 (NEW).] O. Any other person, other than an individual, of institutional character with total assets in excess of $10,000,000 not organized for the specific purpose of evading this chapter; or [PL 2005, c. 65, Pt. A, §2 (NEW).] P. Any other person specified by rule adopted or order issued under this chapter. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

12. Insurance company. "Insurance company" means a company organized as an insurance company whose primary business is writing insurance or reinsuring risks underwritten by insurance companies and that is subject to supervision by the Superintendent of Insurance or a similar official or agency of a state. [PL 2005, c. 65, Pt. A, §2 (NEW).]

13. Insured. "Insured" means insured as to payment of all or substantially all principal and interest or dividends. [PL 2005, c. 65, Pt. A, §2 (NEW).]

14. International banking institution. "International banking institution" means an international financial institution of which the United States is a member and whose securities are exempt from registration under the federal Securities Act of 1933. [PL 2005, c. 65, Pt. A, §2 (NEW).]

15. Investment adviser. "Investment adviser" means a person that, for compensation, engages in the business of advising others, either directly or through publications or writings, as to the value of securities or the advisability of investing in, purchasing or selling securities or that, for compensation and as a part of a regular business, issues or promulgates analyses or reports concerning securities. "Investment adviser" includes a financial planner or other person that, as an integral component of other financially related services, provides investment advice to others for compensation as part of a business or that holds itself out as providing investment advice to others for compensation. "Investment adviser" does not include: A. An investment adviser representative; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A lawyer, accountant, engineer or teacher whose performance of investment advice is solely incidental to the practice of the person's profession; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A broker-dealer or its agents whose performance of investment advice is solely incidental to the conduct of business as a broker-dealer and that does not receive special compensation for the investment advice; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. A publisher of a bona fide newspaper, news magazine or business or financial publication of general and regular circulation; [PL 2005, c. 65, Pt. A, §2 (NEW).] E. A federal covered investment adviser; [PL 2005, c. 65, Pt. A, §2 (NEW).] F. A bank or savings institution; [PL 2005, c. 65, Pt. A, §2 (NEW).] G. Any other person that is excluded by the federal Investment Advisers Act of 1940 from the definition of investment adviser; or [PL 2005, c. 65, Pt. A, §2 (NEW).] H. Any other person excluded by rule adopted or order issued under this chapter. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

16. Investment adviser representatives. "Investment adviser representatives" means individuals employed by or associated with an investment adviser or federal covered investment adviser and who make any recommendations or otherwise give investment advice regarding securities, manage accounts or portfolios of clients, determine which recommendation or advice regarding securities should be given, provide investment advice or hold themselves out as providing investment advice, receive compensation to solicit, offer or negotiate for the sale of or for selling investment advice or supervise employees who perform any of the foregoing. "Investment adviser representatives" does not include individuals who: A. Perform only clerical or ministerial acts; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Are agents whose performance of investment advice is solely incidental to the individuals acting as agents and who do not receive special compensation for investment advisory services; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Are employed by or associated with a federal covered investment adviser, unless the individuals have a "place of business" in this State as that term is defined by rule adopted under Section 203A of the federal Investment Advisers Act of 1940, 15 United States Code, Section 80b‑3a, and are: (1) "Investment adviser representatives" as that term is defined by rule adopted under Section 203A of the federal Investment Advisers Act of 1940, 15 United States Code, Section 80b‑3a; or (2) Not "supervised persons" as that term is defined in Section 202(a)(25) of the federal Investment Advisers Act of 1940, 15 United States Code, Section 80b‑2(a)(25); or [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Are excluded by rule adopted or order issued under this chapter. Rules adopted pursuant to this paragraph are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

17. Issuer. "Issuer" means a person that issues or proposes to issue a security, subject to the following: A. The issuer of a voting trust certificate, collateral trust certificate, certificate of deposit for a security or share in an investment company without a board of directors or individuals performing similar functions is the person performing the acts and assuming the duties of depositor or manager pursuant to the trust or other agreement or instrument under which the security is issued; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. The issuer of an equipment trust certificate or similar security serving the same purpose is the person by which the property is or will be used or to which the property or equipment is or will be leased or conditionally sold or that is otherwise contractually responsible for ensuring payment of the certificate; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. The issuer of a fractional undivided interest in an oil, gas or other mineral lease or in payments out of production under a lease, right or royalty is the owner of an interest in the lease or in payments out of production under a lease, right or royalty, whether whole or fractional, that creates fractional interests for the purpose of sale; or [PL 2005, c. 65, Pt. A, §2 (NEW).] D. The issuer of a fractional or pooled interest in a viatical or life settlement contract is the person who creates, for the purpose of sale, the fractional or pooled interest. The issuer of a viatical or life settlement contract that is not fractionalized or pooled is the person effecting the transaction with the investor in such a contract but does not include a broker-dealer or sales representative. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

18. Nonissuer transaction; nonissuer distribution. "Nonissuer transaction" or "nonissuer distribution" means a transaction or distribution not directly or indirectly for the benefit of the issuer. [PL 2005, c. 65, Pt. A, §2 (NEW).]

19. Offer to purchase. "Offer to purchase" includes an attempt or offer to obtain, or solicitation of an offer to sell, a security or interest in a security for value. "Offer to purchase" does not include a tender offer that is subject to Section 14(d) of the federal Securities Exchange Act of 1934, 15 United States Code, Section 78n(d). [PL 2005, c. 65, Pt. A, §2 (NEW).]

20. Person. "Person" means an individual; corporation; business trust; estate; trust; partnership; limited liability company; association; joint venture; government; governmental subdivision, agency or instrumentality; public corporation; or any other legal or commercial entity. [PL 2005, c. 65, Pt. A, §2 (NEW).]

21. Place of business. "Place of business" of a broker-dealer, an investment adviser or a federal covered investment adviser means: A. An office at which the broker-dealer, investment adviser or federal covered investment adviser regularly provides brokerage or investment advice or solicits, meets with or otherwise communicates with customers or clients; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Any other location that is held out to the general public as a location at which the broker-dealer, investment adviser or federal covered investment adviser provides brokerage or investment advice or solicits, meets with or otherwise communicates with customers or clients. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

22. Predecessor act. "Predecessor act" means the former Revised Maine Securities Act. [PL 2005, c. 65, Pt. A, §2 (NEW).]

23. Price amendment. "Price amendment" means the amendment to a registration statement filed under the federal Securities Act of 1933 or, if an amendment is not filed, the prospectus or prospectus supplement filed under the federal Securities Act of 1933 that includes a statement of the offering price, underwriting and selling discounts or commissions, amount of proceeds, conversion rates, call prices and other matters dependent upon the offering price. [PL 2005, c. 65, Pt. A, §2 (NEW).]

24. Principal place of business. "Principal place of business" of a broker-dealer, an investment adviser or an issuer means the executive office of the broker-dealer, investment adviser or issuer from which the officers, partners or managers of the broker-dealer, investment adviser or issuer direct, control and coordinate the activities of the broker-dealer, investment adviser or issuer. [PL 2005, c. 65, Pt. A, §2 (NEW).]

25. Record. "Record," except in the phrases "of record," "official record" and "public record," means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. [PL 2005, c. 65, Pt. A, §2 (NEW).]

26. Sale; offer to sell. "Sale" includes every contract of sale of, contract to sell or disposition of a security or interest in a security for value. "Offer to sell" includes every attempt or offer to dispose of, or solicitation of an offer to purchase, a security or interest in a security for value. "Sale" and "offer to sell" include: A. A security given or delivered with, or as a bonus on account of, a purchase of securities or any other thing constituting part of the subject of the purchase and having been offered and sold for value; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. A gift of assessable stock involving an offer and sale; and [PL 2005, c. 65, Pt. A, §2 (NEW).] C. A sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer and a sale or offer of a security that gives the holder a present or future right or privilege to convert the security into another security of the same or another issuer, including an offer of the other security. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

27. Securities and Exchange Commission. "Securities and Exchange Commission" means the United States Securities and Exchange Commission. [PL 2005, c. 65, Pt. A, §2 (NEW).]

28. Security. "Security" means a note; stock; treasury stock; security future; bond; debenture; evidence of indebtedness; certificate of interest or participation in a profit-sharing agreement; collateral trust certificate; preorganization certificate or subscription; transferable share; investment contract; investment in a viatical or life settlement contract; voting trust certificate; certificate of deposit for a security; fractional undivided interest in oil, gas or other mineral rights; documents of title to or certificates of interest or participation in an oil, gas or other mineral title or lease or in payments out of production under any title, lease, right or royalty; put, call, straddle, option or privilege on a security, certificate of deposit or group or index of securities, including an interest therein or based on the value thereof; put, call, straddle, option or privilege entered into on a national securities exchange relating to foreign currency; or, in general, an interest or instrument commonly known as a "security"; or a certificate of interest or participation in, temporary or interim certificate for, receipt for, guarantee of or warrant or right to subscribe to or purchase any of the foregoing. "Security": A. Includes both a certificated and an uncertificated security; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Does not include an insurance or endowment policy or annuity contract under which an insurance company promises to pay a fixed or variable sum of money either in a lump sum or periodically for life or other specified period; [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Does not include an interest in a contributory or noncontributory pension or welfare plan subject to the federal Employee Retirement Income Security Act of 1974; [PL 2005, c. 65, Pt. A, §2 (NEW).] D. Includes as an investment contract an investment in a common enterprise with the expectation of profits to be derived primarily from the efforts of a person other than the investor. For purposes of this paragraph, "common enterprise" means an enterprise in which the fortunes of the investor are interwoven with those of either the person offering the investment, a 3rd party or other investors; and [PL 2005, c. 65, Pt. A, §2 (NEW).] E. Includes as an investment contract, among other contracts, an interest in a limited partnership and a limited liability company. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

29. Self-regulatory organization. "Self-regulatory organization" means a national securities exchange registered under the federal Securities Exchange Act of 1934, a national securities association of broker-dealers registered under the federal Securities Exchange Act of 1934, a clearing agency registered under the federal Securities Exchange Act of 1934 or the Municipal Securities Rulemaking Board established under the federal Securities Exchange Act of 1934. [PL 2005, c. 65, Pt. A, §2 (NEW).]

30. Sign. "Sign" means, with present intent to authenticate or adopt a record: A. To execute or adopt a tangible symbol; or [PL 2005, c. 65, Pt. A, §2 (NEW).] B. To attach or logically associate with the record an electronic symbol, sound or process. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

31. State. "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. [PL 2005, c. 65, Pt. A, §2 (NEW).]

32. Viatical or life settlement contract. "Viatical or life settlement contract" means a written agreement establishing the terms under which compensation or anything of value will be paid, which compensation or value is less than the expected death benefit of the insurance policy or certificate, in return for the assignment, transfer, sale, devise or bequest of the death benefit or ownership of any portion of an insurance policy or certificate of insurance. "Viatical or life settlement contract": A. Includes a contract for a loan or other financing transaction secured primarily by an individual or group life insurance policy other than a loan by a life insurance company pursuant to the terms of the life insurance contract or a loan secured by the cash value of a policy; [PL 2005, c. 65, Pt. A, §2 (NEW).] B. Includes an agreement to transfer ownership or change the beneficiary designation of an insurance policy at a later date regardless of the date that compensation for the transfer or change is paid; and [PL 2005, c. 65, Pt. A, §2 (NEW).] C. Does not include: (1) The assignment, transfer, sale, devise or bequest of a death benefit, life insurance policy or certificate of insurance by the viator to the viatical settlement provider pursuant to the Viatical and Life Settlements Act; (2) The assignment, transfer, sale, devise or bequest of a life insurance policy, for any value less than the expected death benefit, by the viator to a friend or family member who enters into no more than one such agreement in a calendar year; (3) An assignment of a life insurance policy to a supervised lender, as defined in Title 9‑A, section 1‑301, subsection 39 , as collateral for a loan; or (4) The exercise of accelerated benefits pursuant to the terms of the Maine Insurance Code and of a life insurance policy. [PL 2005, c. 65, Pt. A, §2 (NEW).] For purposes of this chapter, the individual insured who is the subject of the insurance policy or certificate of insurance does not have to be diagnosed as terminally ill or chronically ill at the time a settlement contract is executed. [PL 2005, c. 65, Pt. A, §2 (NEW).]
32 M.R.S. § 13786-D — ME Code / Title 32 / Chapter 117 / Section 13786-D
32 §13786-D. Prescribing and dispensing insulin
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Insulin" includes various types of insulin analogs and insulin-like medications, regardless of activation period or whether the solution is mixed before or after dispensation. [PL 2019, c. 666, Pt. B, §1 (NEW).] B. "Insulin-related devices and supplies" means needles, syringes, cartridge systems, prefilled pen systems, glucose meters and test strips. "Insulin-related devices and supplies" does not include insulin pump devices. [PL 2019, c. 666, Pt. B, §1 (NEW).] [PL 2019, c. 666, Pt. B, §1 (NEW).]

2. Authorization. As authorized by the board in accordance with rules adopted under subsection 3 , a pharmacist may dispense emergency refills of insulin and associated insulin-related devices and supplies by prescription drug order or standing order or pursuant to a collaborative practice agreement authorizing insulin to be dispensed. The insulin dispensed under this subsection must be in a quantity that is at least a 30-day supply unless the intended recipient requests a lesser quantity upon consultation with the pharmacist. The intended recipient shall provide evidence of a previous prescription from a practitioner and attest that a refill of that previous prescription may not be readily or easily obtained under the circumstances. Upon receiving evidence of a previous prescription from a practitioner, the pharmacist shall immediately notify that practitioner that an emergency refill of insulin was dispensed and instruct the recipient to seek follow-up care from the practitioner as soon as possible. [PL 2021, c. 20, §1 (AMD).]

3. Rules; protocols. The board by rule shall establish standards for authorizing pharmacists to dispense insulin in accordance with subsection 2 , including protocols for notifying practitioners when emergency refills of insulin are dispensed. Rules adopted under this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 20, §2 (AMD).]
32 M.R.S. § 2258-B — ME Code / Title 32 / Chapter 31 / Section 2258-B
32 §2258-B. Dispensing opioid medication to patients in opioid treatment programs
Status: in_force

A licensed practical nurse may dispense opioid medication for substance use disorder treatment purposes to patients within an opioid treatment program under the direction of the medical director of the opioid treatment program. [PL 2017, c. 407, Pt. A, §126 (AMD).]
32 M.R.S. § 14712 — ME Code / Title 32 / Chapter 128 / Section 14712
32 §14712. Security deposit subject to claims; order of preference; return of security deposit
Status: in_force

Each security deposit made under section 14708 is subject, as long as it remains in the hands of the department, to the attachment and execution in behalf of consumers whose claims arise in connection with the transient sale of consumer merchandise in this State. The department may be impleaded as a trustee in any civil action brought against any licensee and shall pay over, under order of court, such sum of money as the department may be found chargeable. The security deposit is subject to the payment of any fines and penalties incurred by the licensee through any of the provisions of this subchapter, and the clerk of the court in which that fine or penalty is imposed shall notify the department of the name of the licensee against whom that fine or penalty is adjudged and of the amount of that fine or penalty. The department, if it has in its possession a sufficient sum deposited by that licensee, shall pay the sum so specified to the clerk. If the department does not have a sufficient sum so deposited, it shall make payment of as much as it has in its possession. All claims upon the deposit must be satisfied after judgment, fine and penalty, in the order in which the order of court is entered in the respective suits, until all claims are satisfied or the security deposit is exhausted. A security deposit may not be paid over by the department to a licensee as long as there are any outstanding claims or notices of claims that are subject of suit against the licensee, in which case the department shall retain only such sum of the security deposit as is subject of claim. [PL 2007, c. 402, Pt. KK, §19 (AMD).]

The security deposit required under section 14708 must be returned to the person so designated pursuant to section 14706, subsection 5 in the licensee's application for licensure made under section 14702 12 months following the expiration of the license. [PL 2007, c. 402, Pt. KK, §19 (AMD).]
32 M.R.S. § 14037-A — ME Code / Title 32 / Chapter 124 / Section 14037-A
32 §14037-A. Required examination; residential real property appraiser
Status: in_force

An applicant for a residential real property appraiser license must pass the appraiser qualifications board's licensed residential real property appraiser examination within 24 months of the date the applicant is eligible to take the examination. An applicant must apply for a residential real property appraiser license within 24 months of successfully completing the examination. [PL 2013, c. 547, §13 (NEW); PL 2013, c. 547, §19 (AFF).]
32 M.R.S. § 19302 — ME Code / Title 32 / Chapter 151 / Section 19302
32 §19302. Licensure required
Status: in_force

An individual may not practice optometry in this State without first obtaining a license from the board, but this chapter does not apply to individuals already licensed to practice medicine within this State. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 3403 — ME Code / Title 32 / Chapter 49 / Section 3403
32 §3403. Meeting; chair
Status: in_force

The board shall meet at least once a year to conduct its business and to elect a chair. Additional meetings must be held as necessary to conduct the business of the board and may be convened at the call of the chair or a majority of the board members. [PL 2013, c. 246, Pt. B, §10 (AMD).]
32 M.R.S. § 1738 — ME Code / Title 32 / Chapter 26-A / Section 1738
32 §1738. Public access
Status: in_force

A citizen of the State may request in writing from the department a copy of the certificate of compliance for a package or packaging component found in use or for sale in the State. [PL 1995, c. 656, Pt. A, §13 (AMD).]
32 M.R.S. § 4869 — ME Code / Title 32 / Chapter 71-A / Section 4869
32 §4869. Reinstatement
Status: in_force

A veterinarian or licensed veterinary technician whose license is revoked or suspended may, at the discretion of the board, be relicensed or reinstated at any time without an examination by majority vote of the board on written application made to the board showing cause justifying the relicensing or reinstatement. [PL 2015, c. 209, §19 (AMD).]
32 M.R.S. § 3116 — ME Code / Title 32 / Chapter 45-A / Section 3116
32 §3116. License renewal
Status: in_force

All licenses must be renewed at such times as the Commissioner of Professional and Financial Regulation may designate upon application by the licensee accompanied by the renewal fee as set under section 3116‑A . Any license not renewed by the date set by the commissioner automatically expires. The board may renew an expired license if the renewal notice is returned within 90 days of the expiration date and upon payment of a late fee in addition to the renewal fee as set under section 3116‑A . A person who submits an application for renewal more than 90 days after the license expiration date is subject to all requirements governing new applicants under this chapter, except that the board may in its discretion, giving due consideration to the protection of the public, waive examination if the renewal application is made within 2 years from the date of that expiration. [PL 2023, c. 317, §8 (AMD).]
32 M.R.S. § 18308 — ME Code / Title 32 / Chapter 143 / Section 18308
32 §18308. Requirements regarding prescription of opioid medication
Status: in_force

1. Limits on opioid medication prescribing. Except as provided in subsection 2 , an individual licensed under this chapter whose scope of practice includes prescribing opioid medication may not prescribe: A. To a patient any combination of opioid medication in an aggregate amount in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §32 (NEW).] B. To a patient who, on the effective date of this section, has an active prescription for opioid medication in excess of 100 morphine milligram equivalents of an opioid medication per day, an opioid medication in an amount that would cause that patient's total amount of opioid medication to exceed 300 morphine milligram equivalents of opioid medication per day; except that, on or after July 1, 2017, the aggregate amount of opioid medication prescribed may not be in excess of 100 morphine milligram equivalents of opioid medication per day; [PL 2015, c. 488, §32 (NEW).] C. On or after January 1, 2017, within a 30-day period, more than a 30-day supply of an opioid medication to a patient under treatment for chronic pain. For purposes of this paragraph, "chronic pain" has the same meaning as in Title 22, section 7246, subsection 1‑C ; or [PL 2015, c. 488, §32 (NEW).] D. On or after January 1, 2017, within a 7-day period, more than a 7-day supply of an opioid medication to a patient under treatment for acute pain unless the opioid product is labeled by the federal Food and Drug Administration to be dispensed only in a stock bottle that exceeds a 7-day supply as prescribed, in which case the amount dispensed may not exceed a 14-day supply. For purposes of this paragraph, "acute pain" has the same meaning as in Title 22, section 7246, subsection 1‑A . [PL 2017, c. 213, §20 (AMD).] [PL 2017, c. 213, §20 (AMD).]

2. Exceptions. An individual licensed under this chapter whose scope of practice includes prescribing opioid medication is exempt from the limits on opioid medication prescribing established in subsection 1 only: A. When prescribing opioid medication to a patient for: (1) Pain associated with active and aftercare cancer treatment; (2) Palliative care, as defined in Title 22, section 1726, subsection 1, paragraph A , in conjunction with a serious illness, as defined in Title 22, section 1726, subsection 1, paragraph B ; (3) End-of-life and hospice care; (4) Medication-assisted treatment for substance use disorder; or (5) Other circumstances determined in rule by the Department of Health and Human Services; and [PL 2025, c. 37, §10 (AMD).] B. When directly ordering or administering a benzodiazepine or opioid medication to a person in an emergency room setting, an inpatient hospital setting, a long-term care facility or a residential care facility or in connection with a surgical procedure. As used in this paragraph, "administer" has the same meaning as in Title 22, section 7246, subsection 1‑B . [PL 2017, c. 213, §21 (AMD).] [PL 2025, c. 37, §10 (AMD).]

3. Electronic prescribing. An individual licensed under this chapter whose scope of practice includes prescribing opioid medication and who has the capability to electronically prescribe shall prescribe all opioid medication electronically by July 1, 2017. An individual who does not have the capability to electronically prescribe must request a waiver from this requirement from the Commissioner of Health and Human Services stating the reasons for the lack of capability, the availability of broadband infrastructure and a plan for developing the ability to electronically prescribe opioid medication. The commissioner may grant a waiver for circumstances in which exceptions are appropriate, including prescribing outside of the individual's usual place of business and technological failures. [PL 2015, c. 488, §32 (NEW).]

4. Continuing education. By December 31, 2017, an individual licensed under this chapter must successfully complete 3 hours of continuing education every 2 years on the prescription of opioid medication as a condition of prescribing opioid medication. The board shall adopt rules to implement this subsection. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 488, §32 (NEW).]

5. Penalties. An individual who violates this section commits a civil violation for which a fine of $250 per violation, not to exceed $5,000 per calendar year, may be adjudged. The Department of Health and Human Services is responsible for the enforcement of this section. [PL 2015, c. 488, §32 (NEW).]

6. Opioid medication policy. No later than January 1, 2018, a health care entity that includes an individual licensed under this chapter whose scope of practice includes prescribing opioid medication must have in place an opioid medication prescribing policy that applies to all prescribers of opioid medications employed by the entity. The policy must include, but is not limited to, procedures and practices related to risk assessment, informed consent and counseling on the risk of opioid use. For the purposes of this subsection, "health care entity" has the same meaning as in Title 22, section 1718‑B, subsection 1, paragraph B . [PL 2017, c. 186, §5 (NEW).]
32 M.R.S. § 19303 — ME Code / Title 32 / Chapter 151 / Section 19303
32 §19303. Licensure by endorsement
Status: in_force

1. Board to establish process. The board shall establish a process to issue a license by endorsement to a license applicant who presents proof of licensure by another jurisdiction of the United States or a territory of the United States as long as the other jurisdiction or territory maintains substantially equivalent license requirements for the licensed profession or occupation and as long as: A. The license applicant is in good standing in all jurisdictions in which the license applicant holds or has held a license. For purposes of this paragraph, "good standing" means that the license applicant does not have a complaint, allegation or investigation pending, does not have a license that is suspended or subject to practice restrictions and has never surrendered a license or had a license revoked; [PL 2023, c. 580, §8 (NEW).] B. Cause for denial of a license does not exist under section 19402 or under any other applicable law; [PL 2023, c. 580, §8 (NEW).] C. The license applicant pays the fee, if any, pursuant to section 19202, subsection 3 and Title 10, chapter 901 ; and [PL 2023, c. 580, §8 (NEW).] D. The license applicant passes a jurisprudence examination. [PL 2023, c. 580, §8 (NEW).] [PL 2023, c. 580, §8 (NEW).]

2. Rules. The board shall adopt rules to implement this section. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 13826 — ME Code / Title 32 / Chapter 117 / Section 13826
32 §13826. Authorization to prescribe, dispense and administer contraceptives
Status: in_force

1. Definitions. As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. A. "Injectable hormonal contraceptive" means a drug composed of a hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that is administered by injection. [PL 2023, c. 115, §1 (NEW).] B. "Self-administered hormonal contraceptive" means a drug composed of a single hormone or a combination of hormones that is approved by the United States Food and Drug Administration to prevent pregnancy and that the patient to whom the drug is prescribed may self-administer. "Self-administered hormonal contraceptive" includes an oral hormonal contraceptive, a hormonal vaginal ring and a hormonal contraceptive patch. [PL 2023, c. 115, §1 (NEW).] [PL 2023, c. 115, §1 (NEW).]

2. Authorization. A pharmacist may prescribe, dispense or administer a self-administered hormonal contraceptive or injectable hormonal contraceptive in accordance with the requirements set forth in subsection 3 . [PL 2023, c. 115, §1 (NEW).]

3. Requirements. In order to prescribe, dispense or administer contraceptives under this section, a pharmacist shall: A. Successfully complete a training program approved by the board related to prescribing, dispensing and administering contraceptives that reflects evidence-based medical eligibility guidelines for contraceptive use and best practices to counsel patients; [PL 2023, c. 115, §1 (NEW).] B. Obtain a certificate of authorization issued by the board pursuant to subsection 4 ; [PL 2023, c. 115, §1 (NEW).] C. Obtain a completed self-screening risk assessment from a patient prior to counseling the patient and issuing a prescription to the patient for a self-administered hormonal contraceptive or injectable hormonal contraceptive. The self-screening risk assessment and counseling provided by a pharmacist must be based on evidence-based medical eligibility guidelines for contraceptive use and best practices to counsel patients; [PL 2023, c. 115, §1 (NEW).] D. Refer the patient to the patient's practitioner upon dispensing a self-administered hormonal contraceptive or administering an injectable hormonal contraceptive or, if the patient does not have a practitioner responsible for the patient's regular care, advise the patient to consult a practitioner; [PL 2023, c. 115, §1 (NEW).] E. Provide the patient with a written record of the prescribed self-administered hormonal contraceptive or injectable hormonal contraceptive; and [PL 2023, c. 115, §1 (NEW).] F. Dispense the self-administered hormonal contraceptive or administer the injectable hormonal contraceptive to the patient as soon as practicable after the pharmacist issues the prescription. [PL 2023, c. 115, §1 (NEW).] [PL 2023, c. 115, §1 (NEW).]

4. Certificate of authorization. A pharmacist shall apply in the form prescribed by the board and submit a certificate fee as set forth in section 13724 for a certificate of authorization to prescribe, dispense and administer contraceptives pursuant to this section. The certificate of authorization expires and is subject to conditions in the same manner as in section 13734 . The board shall issue a certificate of authorization to a pharmacist who holds a valid unrestricted license in this State and who submits evidence acceptable to the board that the pharmacist has completed the training described in subsection 3, paragraph A . [PL 2023, c. 115, §1 (NEW).]

5. Rulemaking. The board shall adopt rules to implement the requirements of this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 115, §1 (NEW).]
32 M.R.S. § 3112 — ME Code / Title 32 / Chapter 45-A / Section 3112
32 §3112. Board created; appointment; powers and duties
Status: in_force

The Board of Examiners in Physical Therapy, as established by Title 5, section 12004‑A, subsection 31 , and within the Department of Professional and Financial Regulation, consists of 4 physical therapists and one public member as defined in Title 5, section 12004‑A . [PL 2007, c. 621, §7 (AMD).]

1. Appointment. Members of the board are appointed by the Governor for a term of 4 years. Appointments of members must comply with Title 10, section 8009 . A member of the board may be removed from office for cause by the Governor. [PL 2007, c. 402, Pt. N, §3 (AMD).]

2. 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, §9 (AMD).]

3. Officers. [PL 2007, c. 402, Pt. N, §3 (RP).]

4. Quorum. [PL 2007, c. 402, Pt. N, §3 (RP).]

5. Powers and duties. The board has the following powers and duties: A. To review the qualifications of applicants for licensure and to license physical therapists and physical therapist assistants who qualify under this chapter; [PL 1979, c. 555, §2 (NEW).] B. To approve physical therapist and physical therapist assistant examinations and to establish passing standards; and [PL 2007, c. 402, Pt. N, §3 (AMD).] C. To adopt rules in accordance with this chapter necessary for the enforcement of its authority and performance of its duties consistent with the provisions of Title 5, chapter 375 . [PL 2007, c. 402, Pt. N, §3 (AMD).] D. [PL 2003, c. 250, Pt. A, §1 (RP).] E. [PL 2007, c. 402, Pt. N, §3 (RP).] F. [PL 2007, c. 402, Pt. N, §3 (RP).] G. [PL 2007, c. 402, Pt. N, §3 (RP).] H. [PL 2007, c. 402, Pt. N, §3 (RP).] I. [PL 2007, c. 402, Pt. N, §3 (RP).] J. [PL 1995, c. 397, §51 (RP).] K. [PL 1995, c. 397, §52 (RP).] [PL 2007, c. 402, Pt. N, §3 (AMD).]
32 M.R.S. § 14056 — ME Code / Title 32 / Chapter 125 / Section 14056
32 §14056. Exemption
Status: in_force

Nothing in this chapter exempts a client company of an employee leasing company nor an employee leased to the client company by the employee leasing company from any other state, local or federal license or registration requirements. Any individual who must be licensed, registered or certified according to law and who is a leased employee is deemed an employee of the client company for purposes of the license, registration or certification. An employee leasing company is not liable for the general debts or obligations of a client company with which it has entered into an employee leasing arrangement, except for the payment of unemployment contributions as required in section 14055 . [PL 1991, c. 468, §4 (NEW).]
32 M.R.S. § 2592-A — ME Code / Title 32 / Chapter 36 / Section 2592-A
32 §2592-A. Reporting and investigation of complaints
Status: in_force

When an action is taken against a licensee and the licensee moves or has moved to another state, the board may report to the appropriate licensing board in that state the complaint that has been filed, any other complaints in the physician's record on which action was taken and disciplinary actions of the board with respect to that physician. [PL 1993, c. 600, Pt. A, §182 (AMD).]

When an individual applies for a license under this chapter, the board may investigate the professional record of that individual, including professional records that the individual may have as a licensee in other states. The board may deny a license or authorize a restricted license based on the record of the applicant in other states. [PL 1993, c. 600, Pt. A, §182 (AMD).]
32 M.R.S. § 1201 — ME Code / Title 32 / Chapter 17 / Section 1201
32 §1201. License required
Status: in_force

An electrical installation may not be made unless by an electrician licensed by the board except as provided in this chapter. [PL 2017, c. 198, §14 (AMD).]
32 M.R.S. § 7053-A — ME Code / Title 32 / Chapter 83 / Section 7053-A
32 §7053-A. Functions
Status: in_force

A person licensed under this chapter may act in accordance with the following requirements. [PL 2023, c. 315, §3 (RPR).]

1. Licensed master social worker. Any licensed master social worker may: A. Engage in administration, research, consultation, social planning and teaching related to the functions in this section; [PL 1985, c. 736, §12 (NEW).] B. Perform all the functions of a licensed social worker; and [PL 1985, c. 736, §12 (NEW).] C. Engage in a nonclinical private practice. [PL 1985, c. 736, §12 (NEW).] In addition, a licensed master social worker having met the requirements for licensure as a licensed clinical social worker prior to January 1, 1987, except for having completed the licensed clinical social worker examination, may engage in the clinical consultation of licensed master social worker, conditional for the purpose of preparing the licensed master social worker, conditional for eventual licensed clinical social workers' status or regular licensure. This includes responsibility for ongoing training and evaluation. The licensed master social worker has an obligation to assess the licensed master social worker, conditional's competence and ethics and share this assessment with the Board of Social Work Licensure at the time the licensed master social worker applies for the licensed clinical level. In addition to paragraphs A , B and C , a person holding a "licensed master social worker, conditional" license may engage in psychosocial evaluation, including diagnosis and treatment of mental illness and emotional disorders, and provide clinical consultation to licensed social workers, social work students, other professionals practicing related professions and paraprofessionals engaging in related activities. A "licensed master social worker, conditional" may not engage in private clinical practice, unless permitted under section 7053, subsection 1 , and must receive individual consultation 4 hours a month while practicing social work in a clinical setting. [PL 1987, c. 395, Pt. B, §15 (AMD).]

2. Licensed clinical social worker. A licensed clinical social worker may: A. Practice social work in a clinical setting without consultation; [PL 1985, c. 736, §12 (NEW).] B. Engage in psychosocial evaluation, including diagnosis and treatment of mental illness and emotional disorders; [PL 1985, c. 736, §12 (NEW).] C. Engage in clinical private practice of social work; [PL 1985, c. 736, §12 (NEW).] D. Perform all the functions of a licensed master social worker; and [PL 1985, c. 736, §12 (NEW).] E. Engage in the clinical consultation of licensed master social workers for the purpose of preparing the licensed master social worker for eventual licensed clinical social workers' status or regular licensure. This includes responsibility for ongoing training and evaluation. The licensed clinical social worker has an obligation to assess the licensed master social worker's competence and ethics and share this assessment with the Board of Social Worker Licensure at the time the licensed master social worker applies for the licensed clinical level. [PL 1987, c. 395, Pt. B, §16 (AMD).] [PL 1987, c. 395, Pt. B, §16 (AMD).]

3. Certified social worker - independent practice. A certified social worker - independent practice may: A. Perform all the functions of a licensed master social worker; [PL 1985, c. 736, §12 (NEW).] B. Practice social work in a clinical setting without consultation; and [PL 1985, c. 736, §12 (NEW).] C. Engage in clinical private practice of social work. In addition, a certified social worker - independent practice having met the requirements for licensure as a licensed clinical social worker prior to January 1, 1987, except for having completed the licensed clinical social worker examination, may engage in the clinical consultation of licensed master social worker, conditional for the purpose of preparing the licensed master social worker, conditionals for eventual licensed clinical social workers' status or regular licensure. This includes responsibility for ongoing training and evaluation. The certified social worker - independent practice has an obligation to assess the licensed master social worker, conditional's competence and ethics and share this assessment with the Board of Social Work Licensure at the time the licensed master social worker applies for the licensed clinical level. [PL 1987, c. 395, Pt. B, §17 (AMD).] [PL 1987, c. 395, Pt. B, §17 (AMD).]

4. Licensed social worker. A licensed social worker may: A. Engage in psychosocial evaluation, excluding the diagnosis and treatment of mental illness, and conduct basic data gathering of records and specific life issues of individuals, groups and families, assess this data and formulate and implement a plan to achieve specific goals related to specific life issues; [PL 1985, c. 736, §12 (NEW).] B. Serve as an advocate for clients or groups of clients for the purpose of achieving specific goals relating to specific life issues; [PL 1985, c. 736, §12 (NEW).] C. Refer clients to other professional services; [PL 1985, c. 736, §12 (NEW).] D. Plan, manage, direct or coordinate social services; and [PL 1985, c. 736, §12 (NEW).] E. Participate in training and education of social work students from an accredited institution or an educational institution in candidacy for accreditation with the Council on Social Work Education or a successor or other organization approved by the board and supervise other licensed social workers. [PL 2007, c. 402, Pt. V, §8 (AMD).] A licensed social worker may not engage in the private practice of social work, diagnose mental illness and emotional disorders or provide psychotherapy. A licensed social worker with less than 2 years' experience must receive consultation from either a licensed master social worker, a licensed clinical social worker or a certified social worker - independent practice in a manner to be prescribed by the board on a group or individual basis 4 hours a month. Licensed social workers in health care facilities licensed by the Department of Health and Human Services must receive consultation on a quarterly basis in a manner prescribed by the department. The department staff giving consultation to intermediate care facilities must be on the master or clinical level by January 1, 1993. State agencies employing social workers are responsible for providing supervision necessary for those social workers to maintain their licenses. [PL 2007, c. 402, Pt. V, §8 (AMD).]
32 M.R.S. § 3849 — ME Code / Title 32 / Chapter 56 / Section 3849
32 §3849. Coordinated licensure information system - Article 9
Status: in_force

1. Coordinated licensure information system. The commission shall provide for the development and maintenance of a coordinated licensure information system and reporting system containing licensure and disciplinary action information on all licensees to whom this compact is applicable in all compact states as defined by the rules. [PL 2021, c. 331, §1 (NEW).]

2. Uniform dataset. Notwithstanding any other provision of state law to the contrary, a compact state shall submit a uniform dataset to the coordinated database on all licensees as required by the rules, including: A. Identifying information; [PL 2021, c. 331, §1 (NEW).] B. Licensure data; [PL 2021, c. 331, §1 (NEW).] C. Significant investigatory information; [PL 2021, c. 331, §1 (NEW).] D. Adverse actions against a psychologist's license; [PL 2021, c. 331, §1 (NEW).] E. An indicator that a psychologist's authority to practice interjurisdictional telepsychology or temporary authorization to practice is revoked; [PL 2021, c. 331, §1 (NEW).] F. Nonconfidential information related to alternative program participation information; [PL 2021, c. 331, §1 (NEW).] G. Any denial of an application for licensure and the reasons for such denial; and [PL 2021, c. 331, §1 (NEW).] H. Other information that may facilitate the administration of this compact, as determined by the rules. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]

3. Notice of adverse action. The coordinated database administrator shall promptly notify all compact states of any adverse action taken against or significant investigative information on any licensee in a compact state. [PL 2021, c. 331, §1 (NEW).]

4. Designation of nonpublic information. Compact states reporting information to the coordinated database may designate information that may not be shared with the public without the express permission of the compact state reporting the information. [PL 2021, c. 331, §1 (NEW).]

5. Expunging of data pursuant to law of compact state. Any information submitted to the coordinated database that is subsequently required to be expunged under the law of the compact state reporting the information must be removed from the coordinated database. [PL 2021, c. 331, §1 (NEW).]
32 M.R.S. § 2298 — ME Code / Title 32 / Chapter 32 / Section 2298
32 §2298. Date of implementation of compact; associated rules; withdrawal; construction; amendments
Status: in_force

1. Effective date. This compact becomes effective on the date on which the compact statute is enacted into law in the 10th member state. The provisions, which become effective at that time, are limited to the powers granted to the commission relating to assembly and the promulgation of rules. Thereafter, the commission shall meet and exercise rule-making powers necessary to the implementation and administration of the compact. [PL 2021, c. 324, §2 (NEW).]

2. Effect of rules adopted by compact on member states. A 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 date the compact becomes law in that state. [PL 2021, c. 324, §2 (NEW).]

3. Withdrawal. A member state may withdraw from this compact by enacting a statute repealing the compact. A. A member state's withdrawal does not take effect until 6 months after enactment of the repealing statute. [PL 2021, c. 324, §2 (NEW).] B. Withdrawal does not affect the continuing requirement of the withdrawing state's occupational therapy licensing board to comply with the investigative and adverse action reporting requirements of this Act prior to the effective date of withdrawal. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

4. Construction. Nothing in this compact may be construed to invalidate or prevent any occupational 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 2021, c. 324, §2 (NEW).]

5. Amendments. 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 statutes of all member states. [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 8104 — ME Code / Title 32 / Chapter 89 / Section 8104
32 §8104. License requirement; exceptions
Status: in_force

1. License. A person may not act as a professional investigator without first obtaining from the chief a license to be a professional investigator or investigative assistant. [PL 2011, c. 366, §17 (AMD).]

2. Exceptions. This section does not apply to the following: A. A person employed by or on behalf of the Federal Government, any state or any political subdivision or public instrumentality or a Canadian province, while in the performance of the person's official duties; [PL 2011, c. 366, §18 (AMD).] B. [PL 2011, c. 366, §19 (RP).] C. A person employed to inquire into the fitness of an applicant for employment with that person's employer; [PL 1981, c. 126, §2 (NEW).] D. A credit reporting bureau or agency, or agent thereof, whose business is the furnishing of information concerning a person's business, financial or credit standing; [PL 1981, c. 126, §2 (NEW).] E. An insurance company investigating the personal habits and financial responsibility of applicants for insurance or indemnity bonds; [PL 2011, c. 366, §20 (AMD).] F. An attorney admitted to practice law in the State acting in a professional capacity; [PL 2011, c. 366, §21 (AMD).] G. A nonprofit trade or business association, board or organization, whether incorporated or unincorporated, or any agent thereof, conducting an investigation for the following purposes: (1) To furnish to members of the association, board or organization, information concerning the business, financial or credit standing or the reputation of a person with whom the members consider doing business; provided that the investigation is no more extensive than is reasonably necessary; or (2) To compile or disseminate statistics or data relating to business of the members of the association, board or organization; [PL 1981, c. 126, §2 (NEW).] H. An insurance adjuster, or an employee investigating claims for or against the employee's employer; [PL 2011, c. 366, §22 (AMD).] I. A person engaged in compiling genealogical information or otherwise tracing lineage or ancestry, by primarily using public records and historical information or databases; [PL 2011, c. 366, §23 (AMD).] J. A person possessing a valid private investigator's license granted under any prior existing provision of law of this State, as long as, upon expiration of the license, the person is governed by this section; [PL 2011, c. 366, §24 (AMD).] K. A person employed exclusively and regularly by an employer in connection with the affairs of the employer only, and there exists a bona fide employer-employee relationship in which the employee is reimbursed on an hourly basis; [PL 2011, c. 366, §25 (RPR).] L. A person acting within the scope of the person's professional practice to analyze facts, evidence or other data for the purposes of supplying expert testimony in a legal proceeding; or [PL 2011, c. 366, §26 (NEW).] M. An Internet research company or an individual who is solely engaged in the retrieval of data from an online source or database and who does not question individuals in person, by phone or by electronic means, when those electronic means are used as a tool to gather information for a fee. [PL 2011, c. 366, §27 (NEW).] [PL 2011, c. 366, §§18-27 (AMD).]
32 M.R.S. § 2290 — ME Code / Title 32 / Chapter 32 / Section 2290
32 §2290. Compact privilege
Status: in_force

1. Exercise of compact privilege. To exercise the compact privilege under the terms and provisions of the compact, a licensee: A. Must hold a license in the home state; [PL 2021, c. 324, §2 (NEW).] B. Must have a valid United States social security number or National Practitioner Data Bank identification number; [PL 2021, c. 324, §2 (NEW).] C. May not have an encumbrance on any state license; [PL 2021, c. 324, §2 (NEW).] D. Must be eligible for a compact privilege in any member state in accordance with subsections 4 , 6 , 7 and 8 ; [PL 2021, c. 324, §2 (NEW).] E. Must have paid all fines and completed all requirements resulting from any adverse action against any license or compact privilege and 2 years must have elapsed from the date of completion; [PL 2021, c. 324, §2 (NEW).] F. Must notify the commission that the licensee is seeking the compact privilege within a remote state; [PL 2021, c. 324, §2 (NEW).] G. Must pay any applicable fees, including any state fee for the compact privilege; [PL 2021, c. 324, §2 (NEW).] H. Must complete a criminal background check in accordance with section 2289, subsection 1, paragraph E . The licensee is responsible for the payment of any fee associated with the completion of a criminal background check; [PL 2021, c. 324, §2 (NEW).] I. Must meet any jurisprudence requirements established by the remote state in which the licensee is seeking a compact privilege; and [PL 2021, c. 324, §2 (NEW).] J. Must report to the commission adverse action taken by any nonmember state within 30 days from the date the adverse action is taken. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

2. Validity of compact privilege. The compact privilege is valid until the expiration date of the home state license. The licensee must comply with the requirements of subsection 1 to maintain the compact privilege in the remote state. [PL 2021, c. 324, §2 (NEW).]

3. Exercising compact privilege in remote state. A licensee providing occupational therapy in a remote state under the compact privilege shall function within the laws and regulations of the remote state. [PL 2021, c. 324, §2 (NEW).]

4. Supervision of occupational therapy assistant. An occupational therapy assistant practicing in a remote state must be supervised by an occupational therapist licensed or holding a compact privilege in that remote state. [PL 2021, c. 324, §2 (NEW).]

5. Regulatory authority of remote state. A licensee providing occupational therapy in a remote state is subject to that state's regulatory authority. A remote state may, in accordance with due process and that state's laws, remove a licensee's compact privilege in the remote state for a specific period of time, impose fines or take any other necessary actions to protect the health and safety of its citizens. The licensee may be ineligible for a compact privilege in any state until the specific time for removal has passed and all fines are paid. [PL 2021, c. 324, §2 (NEW).]

6. Loss of compact privilege. If a home state license is encumbered, the licensee loses the compact privilege in any remote state until the following occur: A. The home state license is no longer encumbered; and [PL 2021, c. 324, §2 (NEW).] B. Two years have elapsed from the date on which the home state license is no longer encumbered in accordance with paragraph A . [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

7. Restoration of compact privilege. Once an encumbered license in the home state is restored to good standing, the licensee must meet the requirements of subsection 1 to obtain a compact privilege in any remote state. [PL 2021, c. 324, §2 (NEW).]

8. Removal of compact privilege in remote state. If a licensee's compact privilege in any remote state is removed, the individual may lose the compact privilege in any other remote state until the following occur: A. The specific period of time for which the compact privilege was removed has ended; [PL 2021, c. 324, §2 (NEW).] B. All fines have been paid and all conditions have been met; [PL 2021, c. 324, §2 (NEW).] C. Two years have elapsed from the date of completing requirements for paragraphs A and B ; and [PL 2021, c. 324, §2 (NEW).] D. The compact privileges are reinstated by the commission and the compact data system is updated to reflect reinstatement. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

9. Error. If a licensee's compact privilege in any remote state is removed due to an erroneous charge, privileges must be restored through the compact data system. [PL 2021, c. 324, §2 (NEW).]

10. Restoration of compact privilege. Once the requirements of subsection 8 have been met, the licensee must meet the requirements in subsection 1 to obtain a compact privilege in a remote state. [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 16601 — ME Code / Title 32 / Chapter 135 / Section 16601
32 §16601. Administration
Status: in_force

1. Office of Securities; administrator. There is created within the Department of Professional and Financial Regulation the Office of Securities. The Office of Securities is directed by the Securities Administrator, referred to in this chapter as the "administrator," who is responsible for the administration and enforcement of this chapter, the Maine Commodity Code and chapter 69‑B . A. The administrator is appointed by the Commissioner of Professional and Financial Regulation. The administrator is appointed for a term that is coterminous with the term of the Governor or until a successor is appointed and qualified. Any vacancy occurring must be filled by appointment for the unexpired portion of the term. The administrator may be removed from office for cause by the commissioner, and Title 5, section 931, subsection 2 does not apply. A person appointed as administrator must have knowledge of, or experience in, the theory and practice of securities. [PL 2005, c. 65, Pt. A, §2 (NEW).] B. With the approval of the Commissioner of Professional and Financial Regulation, the administrator shall organize the Office of Securities in such a manner as the administrator considers necessary to carry out the administrator's responsibilities. [PL 2005, c. 65, Pt. A, §2 (NEW).] C. The administrator may employ personnel as the business of the Office of Securities may require, subject to the Commissioner of Professional and Financial Regulation's approval and in accordance with the Civil Service Law. The qualifications of the personnel must reflect the needs and responsibilities of the Office of Securities' regulatory functions. The administrator may authorize senior personnel of the Office of Securities to carry out the administrator's duties and authority. The administrator may employ or engage such expert, professional or other assistance as may be necessary to assist the Office of Securities in carrying out its functions. In addition to salaries or wages, all employees of the Office of Securities must receive their actual expenses incurred in the performance of their official duties. [PL 2005, c. 65, Pt. A, §2 (NEW).] D. At the expense of the Office of Securities, the administrator may train the Office of Securities' employees, or have them trained, in a manner the administrator determines desirable, to carry out the purposes of the Office of Securities. [PL 2005, c. 65, Pt. A, §2 (NEW).] [PL 2005, c. 65, Pt. A, §2 (NEW).]

2. Unlawful use of records or information. It is unlawful for the administrator or an employee or designee of the administrator to use for personal benefit or the benefit of others records or other information obtained by or filed with the administrator that is not public under section 16607, subsection 2 . This chapter does not authorize the administrator or an officer, employee or designee of the administrator to disclose the record or information, except in accordance with section 16602, section 16607, subsection 3 or section 16608 . [PL 2005, c. 65, Pt. A, §2 (NEW).]

3. No privilege or exemption created or diminished. This chapter does not create or diminish a privilege or exemption that exists at common law or by statute or rule or otherwise. [PL 2005, c. 65, Pt. A, §2 (NEW).]

4. Investor education. The administrator may develop and implement investor education initiatives to inform the public about investing in securities, with particular emphasis on the prevention and detection of securities fraud. In developing and implementing these initiatives, the administrator may collaborate with public and nonprofit organizations with an interest in investor education. The administrator may accept a grant or donation from a person that is not affiliated with the securities industry or from a nonprofit organization, regardless of whether the organization is affiliated with the securities industry, to develop and implement investor education initiatives. This subsection does not authorize the administrator to require participation or monetary contributions of a registrant in an investor education program. [PL 2005, c. 65, Pt. A, §2 (NEW).]

5. Waiver of fee. The administrator may, by order, waive the filing fee required to register a security, to perfect a notice filing for a federal covered security or to secure an exemption from registration upon a written finding that the fee would be unreasonably high in light of the maximum potential proceeds from the sale of the security in the State or that the imposition of the fee would otherwise be unreasonable. [PL 2005, c. 65, Pt. A, §2 (NEW).]

6. Nonlapsing operating fund. Except as provided in section 16522, subsection 2 , there is established an operating fund to be used to carry out the purposes of this chapter and any other statutory duties of the administrator. The operating fund consists of all annual renewal license fees for agents and investment adviser representatives received pursuant to this chapter. Any balance in the operating fund does not lapse, but must be carried forward to be used for the same purposes. [PL 2021, c. 576, §2 (AMD).]

7. Securities Investor Education and Training Fund. The Securities Investor Education and Training Fund, referred to in this subsection as "the fund," is established to provide funds for the purposes specified in subsection 4 . The fund consists of all grants or donations accepted by the administrator pursuant to subsection 4 and all payments received by the administrator for investor education and training that have been designated in a consent order or consent agreement resulting from a multistate investigation or a joint investigation with the federal Securities and Exchange Commission or a court order or court judgment to be credited to the fund. Any balance in the fund does not lapse but must be carried forward to be used for the same purposes. [PL 2005, c. 485, §1 (NEW).]
32 M.R.S. § 16806 — ME Code / Title 32 / Chapter 135 / Section 16806
32 §16806. Delaying disbursements
Status: in_force

A broker-dealer or investment adviser may delay disbursements in accordance with this section. [PL 2019, c. 17, §1 (NEW).]

1. Disbursement delay authorized. A broker-dealer or investment adviser may delay a disbursement from an account of an eligible adult or an account on which an eligible adult is a beneficiary if the broker-dealer or investment adviser or a qualified individual reasonably believes, after initiating an internal review of the requested disbursement and the suspected financial exploitation, that the requested disbursement may result in financial exploitation of the eligible adult. If a broker-dealer or investment adviser delays a disbursement under this subsection, the broker-dealer or investment adviser shall: A. Within 2 business days after the requested disbursement, provide written notification of the delay and the reason for the delay to all parties authorized to transact business on the account, except that notification may not be provided to a 3rd party reasonably believed to have engaged in suspected or attempted financial exploitation of the eligible adult; [PL 2019, c. 17, §1 (NEW).] B. Within 2 business days after the requested disbursement, notify the Department of Health and Human Services and the administrator; and [PL 2019, c. 17, §1 (NEW).] C. Continue the broker-dealer's or investment adviser's internal review of the suspected or attempted financial exploitation of the eligible adult, as necessary, and report the results of the internal review to the Department of Health and Human Services and the administrator within 7 business days after the requested disbursement. [PL 2019, c. 17, §1 (NEW).] [PL 2019, c. 17, §1 (NEW).]

2. Expiration. A delay of a disbursement as authorized by this section expires upon the sooner of: A. A determination by the broker-dealer or investment adviser that the disbursement will not result in financial exploitation of the eligible adult; or [PL 2019, c. 17, §1 (NEW).] B. Fifteen business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless the Department of Health and Human Services or the administrator requests that the broker-dealer or investment adviser extend the delay, in which case the delay expires no more than 25 business days after the date on which the broker-dealer or investment adviser first delayed disbursement of the funds unless terminated earlier by the Department of Health and Human Services or the administrator or by an order of a court of competent jurisdiction. [PL 2019, c. 17, §1 (NEW).] [PL 2019, c. 17, §1 (NEW).]

3. Judicial order. A court of competent jurisdiction may enter an order extending the delay of the disbursement of funds or may order other protective relief based on a petition from the Department of Health and Human Services or the administrator or from the broker-dealer or the investment adviser that initiated the delay under this section or from another interested party. [PL 2019, c. 17, §1 (NEW).]
32 M.R.S. § 14003 — ME Code / Title 32 / Chapter 124 / Section 14003
32 §14003. License required
Status: in_force

Except as provided in section 14004 , it is unlawful for a person to prepare, for a fee or other valuable consideration, an appraisal or appraisal report relating to real estate or real property in this State without first obtaining a real estate appraisal license. Only an individual may be licensed under this chapter. This section does not apply to individuals who do not render significant professional assistance in arriving at a real estate appraisal analysis, opinion or conclusion. Nothing in this chapter prohibits any person who is licensed to practice in this State under any other law from engaging in the practice for which that person is licensed. [PL 2007, c. 402, Pt. GG, §1 (AMD).]
32 M.R.S. § 4329 — ME Code / Title 32 / Chapter 64 / Section 4329
32 §4329. Restriction
Status: in_force

This chapter does not restrict the activities of a physician or surgeon licensed under chapter 48 . [PL 1997, c. 206, §1 (NEW).]
32 M.R.S. § 4252 — ME Code / Title 32 / Chapter 63 / Section 4252
32 §4252. Issuance of licenses
Status: in_force

The Department of Health and Human Services may license persons to practice the art of tattooing. Such licenses are issued for a term of one year and may be renewed annually. The fee for an initial license or a renewal license may not exceed $250. The license for a person engaged in both the arts of body piercing, as defined in section 4321 , and tattooing may not exceed $300. All fees collected by the department pursuant to this section must be deposited in a special revenue account dedicated to a health inspection program. [PL 2025, c. 339, §5 (AMD).]

1. Additional inspection fees. When an additional inspection is required to determine an applicant's eligibility for licensure under this chapter, the department is authorized to charge, in addition to the usual fees under this section for one license, which includes one licensure inspection and one follow-up inspection, an additional fee not to exceed $200 to cover the costs of each additional inspection or visit. The department may impose on the applicant a penalty for the applicant's failure to pay an additional inspection fee within 30 days of the billing date. [PL 2021, c. 125, §26 (NEW).]

2. License issued in error. A license issued in error by the department is void and must be returned to the department on demand. Notice of the demand to return the license must be delivered by hand or by certified mail to the licensee. [PL 2025, c. 339, §5 (NEW).]
32 M.R.S. § 1731 — ME Code / Title 32 / Chapter 26-A / Section 1731
32 §1731. Purpose
Status: in_force

The purpose of this chapter is to reduce the toxicity of packaging and packaging waste without impeding or discouraging the expanded use of post-consumer materials in the production of packaging and its components. Under this chapter, reduction of the toxicity in packaging and packaging waste is accomplished by prohibiting the unnecessary addition of certain chemicals, such as lead, mercury, cadmium, hexavalent chromium, PFAS and phthalates, in packaging and packaging components. [PL 2019, c. 277, §1 (AMD).]
32 M.R.S. § 2274 — ME Code / Title 32 / Chapter 32 / Section 2274
32 §2274. Board of occupational therapy practice; powers and duties
Status: in_force

1. Powers. The board shall administer and enforce this chapter and evaluate the qualifications of applicants for licensure. [PL 2007, c. 402, Pt. L, §2 (AMD).]

2. Rules. The board may adopt, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375 , rules relating to professional conduct to carry out the policy of this chapter, including, but not limited to, rules relating to professional licensure and to the establishment of ethical standards of practice for persons holding a license to practice occupational therapy in this State. [PL 2007, c. 402, Pt. L, §2 (AMD).]

3. Hearings. [PL 2007, c. 402, Pt. L, §2 (RP).]

4. Records. [PL 2007, c. 402, Pt. L, §2 (RP).]

5. Contracts. [PL 1995, c. 397, §44 (RP).]

6. Reports. [PL 2007, c. 402, Pt. L, §2 (RP).]
32 M.R.S. § 9413 — ME Code / Title 32 / Chapter 93 / Section 9413
32 §9413. Change in the status of license
Status: in_force

The licensee shall notify the commissioner within 30 days of any change in his qualifying agent, officers or directors or material change in the information previously furnished or required to be furnished to the commissioner or any occurrence which could reasonably be expected to affect the licensee's right to a license under this chapter. [PL 1981, c. 113, §2 (NEW).]
32 M.R.S. § 3846 — ME Code / Title 32 / Chapter 56 / Section 3846
32 §3846. Conditions of telepsychology practice in receiving state - Article 6
Status: in_force

1. Conditions of telepsychology practice. A psychologist may practice in a receiving state under the authority to practice interjurisdictional telepsychology only in the performance of the scope of practice for psychology as assigned by an appropriate state psychology regulatory authority, as defined in the rules, and under the following circumstances: A. The psychologist initiates contact with a client in a home state via telecommunications technologies with a client in a receiving state; and [PL 2021, c. 331, §1 (NEW).] B. Other conditions regarding telepsychology as determined by rules promulgated by the commission. [PL 2021, c. 331, §1 (NEW).] [PL 2021, c. 331, §1 (NEW).]
32 M.R.S. § 7385 — ME Code / Title 32 / Chapter 86 / Section 7385
32 §7385. Continuing education
Status: in_force

A polygraph examiner shall participate in continuing education programs as required by rules of the commissioner. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
32 M.R.S. § 14212-A — ME Code / Title 32 / Chapter 126 / Section 14212-A
32 §14212-A. Director's powers and duties
Status: in_force

1. Duties. The director shall administer, coordinate and enforce this chapter. The director may appoint an advisory committee to assist the director on any matter that may arise under this chapter, as needed. [PL 2009, c. 369, Pt. B, §10 (NEW).]

2. Rule-making authority. The director shall establish guidelines and adopt rules necessary for the proper administration and enforcement of this chapter. Rules adopted pursuant to this section are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . The rules must address, but are not limited to, the following: A. Requirements for the licensure of aestheticians, barber hair stylists, cosmetologists, hair designers, nail technicians, instructors and trainees; [PL 2019, c. 373, §17 (AMD).] B. Requirements for licensing, operating and inspecting schools. At a minimum, the rules must include standards relating to educational programs, including the styling and treatment of textured hair, instructor qualifications, school operation, academic and student records and record keeping, health, safety and sanitation, physical facilities of the school and off-site classrooms, payment of refunds, notices and information to be provided to students and credit for education obtained in subjects that are considered substantially equivalent to applied courses offered and consistent with this chapter; [PL 2025, c. 257, §1 (AMD).] C. Requirements for licensing and operation of physical facilities and inspection of establishments consistent with this chapter; and [PL 2019, c. 373, §18 (AMD).] D. The establishment of sanitation, health and safe practice standards, including but not limited to blood spill procedures and proper use of tools, implements, equipment and electrical and nonelectrical machines and devices used in connection with the practices authorized under this chapter. [PL 2009, c. 369, Pt. B, §10 (NEW).] [PL 2025, c. 257, §1 (AMD).]

3. Inspections. The director or a designee of the director may enter licensed premises to conduct random inspections for compliance with this chapter and rules adopted pursuant to this chapter. [PL 2009, c. 369, Pt. B, §10 (NEW).]

4. Diseases. The director may require the physical examination of any person offering service to members of the public who is suspected of having any communicable disease. A person who has a communicable disease may not give service to members of the public, including service within licensed establishments or schools licensed by the director. Failure to submit to such an examination is grounds for suspension or revocation of the person's registration, certification, permit or license. [PL 2009, c. 369, Pt. B, §10 (NEW).]
32 M.R.S. § 16103 — ME Code / Title 32 / Chapter 135 / Section 16103
32 §16103. References to federal statutes
Status: in_force

As used in this chapter, the Securities Act of 1933, 15 United States Code, Section 77a et seq., Securities Exchange Act of 1934, 15 United States Code, Section 78a et seq., Public Utility Holding Company Act of 1935, 15 United States Code, Section 79 et seq., Investment Company Act of 1940, 15 United States Code, Section 80a‑1 et seq., Investment Advisers Act of 1940, 15 United States Code, Section 80b‑1 et seq., Employee Retirement Income Security Act of 1974, 29 United States Code, Section 1001 et seq., National Housing Act, 12 United States Code, Section 1701 et seq., Commodity Exchange Act, 7 United States Code, Section 1 et seq., Internal Revenue Code, 26 United States Code, Section 1 et seq., Securities Investor Protection Act of 1970, 15 United States Code, Section 78aaa et seq., Securities Litigation Uniform Standards Act of 1998, 112 Stat. 3227, Small Business Investment Act of 1958, 15 United States Code, Section 661 et seq., Electronic Signatures in Global and National Commerce Act, 15 United States Code, Section 7001 et seq. and Gramm-Leach-Bliley Act, 15 United States Code, Section 6801 et seq. mean those federal laws of those names, those statutes and the rules and regulations adopted under those laws and statutes, as amended, as of December 31, 2023. [PL 2023, c. 503, §1 (AMD).]
32 M.R.S. § 10011 — ME Code / Title 32 / Chapter 104-A / Section 10011
32 §10011. Examination for certification
Status: in_force

1. Requirements; fees. Only a person satisfying the requirements of section 10010, subsections 1 and 2 may apply for examination in the manner prescribed by the board. The application must be accompanied by the nonrefundable fee prescribed by section 10012 . A person who fails either part of the applicable examination specified in section 10010, subsection 3 or 6 may apply for reexamination upon payment of the prescribed fee. [PL 2007, c. 292, §10 (AMD).]

2. Content. The written examination must test the applicant's knowledge of the skills and knowledge relating to storage tank installation, inspection or removal and such other subjects as the board requires to determine the applicant's fitness to practice. The board shall approve examinations required by this chapter for underground oil storage tank installers, underground gasoline storage tank removers and underground oil storage tank inspectors and establish standards for an acceptable performance. [PL 2001, c. 231, §13 (AMD).]

3. Time and place. Applicants for certification shall be examined at a time and place and under such supervision as the board requires. Examinations shall be given at least twice each year at such places as the board determines. The board shall give reasonable public notice of these examinations in accordance with its rules. [PL 1985, c. 496, Pt. A, §2 (NEW).]

4. Scores; review. Applicants may obtain their examination scores and may review their papers in accordance with rules as the board may establish. [PL 1985, c. 496, Pt. A, §2 (NEW).]
32 M.R.S. § 15226 — ME Code / Title 32 / Chapter 133 / Section 15226
32 §15226. Reports by inspectors
Status: in_force

A deputy inspector or licensed private inspector shall make a full report to the chief inspector, giving all data required by the rules adopted by the director and shall report to the chief inspector and to the owner all defects found and all noncompliances with the rules. When any serious infraction of the rules is found by a deputy inspector or licensed private inspector and that infraction is, in the opinion of the inspector, dangerous to life, limb or property, the inspector shall report that infraction immediately to the chief inspector. [PL 2013, c. 70, Pt. D, §29 (AMD).]
32 M.R.S. § 14709 — ME Code / Title 32 / Chapter 128 / Section 14709
32 §14709. Waiver of security deposit
Status: in_force

Transient sellers of consumer merchandise may apply to the department for waiver of the security deposit required by section 14708 by presenting to the authorized person within the department the following information in addition to the information required under section 14706 : [PL 2001, c. 324, §12 (NEW).]

1. Consumer sales. A sworn statement by the applicant that the applicant has continuously engaged in consumer sales in this State for a period not less than 3 years; [PL 2001, c. 324, §12 (NEW).]

2. Theft offenses; fraudulent or deceptive business practice. A sworn statement by the applicant that neither the applicant nor any employee of the applicant operating in this State has been convicted of any theft offense or fraudulent or deceptive business practice in any United States' jurisdiction; [PL 2001, c. 324, §12 (NEW).]

3. Complaints on file against applicant. A letter from the Attorney General's office in the state where the applicant has its principal place of business stating the nature or absence thereof of complaints on file against the applicant; and [PL 2001, c. 324, §12 (NEW).]

4. Letter of recommendation. A letter of recommendation from an appropriate trade association that promotes sound and ethical trade practices and the processing of consumer complaints that states the applicant is a member in good standing of that association. [PL 2001, c. 324, §12 (NEW).]

The authorized person within the department shall forward the completed application for waiver of the security deposit to the Office of the Attorney General for review and shall within 15 days of receipt of the completed application and with the advice of the Attorney General grant or deny the application for waiver. [PL 2001, c. 324, §12 (NEW).]
32 M.R.S. § 3501-A — ME Code / Title 32 / Chapter 49 / Section 3501-A
32 §3501-A. Examinations
Status: in_force

An applicant for a master, journeyman or journeyman-in-training plumber license shall present to the board a written application for examination, containing information that the board requires, accompanied by the prescribed fee as set under section 3501‑B . Examinations must be in whole or in part in writing and of a thorough and practical character commensurate with the responsibilities of the prospective license holder. [PL 2017, c. 210, Pt. D, §6 (AMD).]

The passing grade on a master plumber license examination may not be less than 75%. The passing grade on a journeyman plumber license examination may not be less than 70%. [PL 2017, c. 210, Pt. D, §6 (AMD).]
32 M.R.S. § 2105-A — ME Code / Title 32 / Chapter 31 / Section 2105-A
32 §2105-A. Disciplinary actions
Status: in_force

1. Disciplinary proceedings and sanctions. [PL 1985, c. 724, §11 (RP).]

1-A. Disciplinary proceedings and sanctions. The board shall investigate a complaint, on its own motion or upon receipt of a written complaint filed with the board, regarding noncompliance with or violation of this chapter or of rules adopted by the board. Investigation may include a hearing before the board to determine whether grounds exist for suspension, revocation or denial of a license, or as otherwise considered necessary to the fulfillment of its responsibilities under this chapter. The board may subpoena witnesses, records and documents, including records and documents maintained by a health care facility, in an investigation or hearing it conducts. The board shall notify the licensee of the content of a complaint filed against the licensee as soon as possible, but, absent unusual circumstances justifying the delay, not later than 60 days from receipt of this information. The licensee shall respond within 30 days. The board shall share the licensee's response with the complainant, unless the board determines that it would be detrimental to the health of the complainant to obtain the response. If the licensee's response to the complaint satisfies the board that the complaint does not merit further investigation or action, the matter may be dismissed, with notice of the dismissal to the complainant, if any. If, in the opinion of the board, the factual basis of the complaint is or may be true, and the complaint is of sufficient gravity to warrant further action, the board may request an informal conference with the licensee. The board shall provide the licensee with adequate notice of the conference and of the issues to be discussed. The complainant may attend the conference and may be accompanied by up to 2 individuals, including legal counsel. The conference must be conducted in executive session of the board or its subcommittee, pursuant to Title 1, section 405 , unless otherwise requested by the licensee. Before the board or its subcommittee decides what action to take at the conference or as a result of the conference, the board or its subcommittee shall give the complainant a reasonable opportunity to speak. Statements made at the conference may not be introduced at a subsequent formal hearing unless all parties consent. When a complaint has been filed against a licensee and the licensee moves or has moved to another state, the board may report to the appropriate licensing board in that state the complaint that has been filed, other complaints in the licensee's record on which action was taken and disciplinary actions of the board with respect to that licensee. When an individual applies for a license under this chapter, the board may investigate the professional record of that individual, including professional records that the individual may have as a licensee in other states. The board may deny a license or authorize a restricted license based on the record of the applicant in other states. If the board or its subcommittee finds that the factual basis of the complaint is true and is of sufficient gravity to warrant further action, the board or its subcommittee may take any of the following actions the board or its subcommittee considers appropriate: A. Warn, censure or reprimand; [PL 1985, c. 724, §12 (NEW).] B. With the consent of the licensee, enter into a consent agreement that fixes the period and terms of probation best adapted to protect the public health and safety and to rehabilitate or educate the licensee. A consent agreement may be used to terminate a complaint investigation, if entered into by the board, the licensee and the Attorney General's office; [PL 1993, c. 600, Pt. A, §116 (AMD).] C. In consideration for acceptance of a voluntary surrender of the license, negotiate stipulations, including terms and conditions for reinstatement that ensure protection of the public health and safety and serve to rehabilitate or educate the licensee. These stipulations may be set forth only in a consent agreement signed by the board, the licensee and the Attorney General's office; [PL 1993, c. 600, Pt. A, §116 (AMD).] D. If the board or its subcommittee concludes that modification or nonrenewal of the license is in order, hold an adjudicatory hearing in accordance with the provisions of Title 5, chapter 375, subchapter 4 ; or [PL 2013, c. 23, §1 (AMD).] E. If the board or its subcommittee concludes that suspension or revocation of the license is in order, file a complaint in the District Court in accordance with Title 4, chapter 5 . [PL 2001, c. 260, Pt. D, §2 (AMD).] [PL 2013, c. 23, §1 (AMD).]

2. Grounds for discipline. The board may suspend or revoke a license pursuant to Title 5, section 10004 . The following are grounds for an action to refuse to issue, modify, suspend, revoke or refuse to renew the license of an individual licensed under this chapter: A. The practice of fraud or deceit in obtaining a license under this chapter or in connection with service rendered within the scope of the license issued; [PL 1983, c. 378, §21 (NEW).] B. Misuse of alcohol, drugs or other substances that has resulted or may result in the licensee performing services in a manner that endangers the health or safety of patients; [PL 2013, c. 105, §5 (AMD).] C. A professional diagnosis of a mental or physical condition that has resulted or is foreseeably likely to result in the licensee performing the licensee's duties in a manner that endangers the health or safety of the licensee's patients; [PL 1993, c. 600, Pt. A, §116 (AMD).] D. Aiding or abetting the practice of nursing by an individual not licensed under this chapter and who claims to be legally licensed; [PL 1993, c. 600, Pt. A, §116 (AMD).] E. Incompetence in the practice for which the licensee is licensed. A licensee is considered incompetent in the practice if the licensee has: (1) Engaged in conduct that evidences a lack of ability or fitness to discharge the duty owed by the licensee to a client or patient or the general public; or (2) Engaged in conduct that evidences a lack of knowledge or inability to apply principles or skills to carry out the practice for which the licensee is licensed; [PL 1993, c. 600, Pt. A, §116 (AMD).] F. Unprofessional conduct. A licensee is considered to have engaged in unprofessional conduct if the licensee violates a standard of professional behavior that has been established in the practice for which the licensee is licensed; [PL 1993, c. 600, Pt. A, §116 (AMD).] G. Subject to the limitations of Title 5, chapter 341 , conviction of a crime that involves dishonesty or false statement or that relates directly to the practice for which the licensee is licensed or conviction of a crime for which incarceration for one year or more may be imposed; [PL 1993, c. 600, Pt. A, §116 (AMD).] H. A violation of this chapter or a rule adopted by the board; [PL 2015, c. 488, §10 (AMD).] I. Engaging in false, misleading or deceptive advertising; [PL 2019, c. 165, §5 (AMD).] J. Failure to comply with the requirements of Title 22, section 7253 ; or [PL 2019, c. 165, §6 (AMD).] K. A violation of section 2112 . [PL 2019, c. 165, §7 (NEW).] [PL 2019, c. 165, §§5-7 (AMD).]

3. Confidentiality of information. Reports, information or records provided to the board by a health care facility pursuant to this chapter are confidential insofar as the reports, information or records identify or permit identification of a patient, except that the board may disclose confidential information: A. In an adjudicatory hearing or informal conference before the board or in a subsequent formal proceeding to which the information is relevant; and [PL 1993, c. 600, Pt. A, §116 (AMD).] B. In a consent agreement or other written settlement when the information constitutes or pertains to the basis of board action, except that any information that identifies or could reasonably lead to identification of a patient is confidential. [PL 2025, c. 111, §8 (AMD).] A copy of a report, information or record received by the board under this subsection must be provided to the licensee. [PL 2025, c. 111, §8 (AMD).]

4. Authority to request mental and physical examinations. For the purposes of this section, by application for and acceptance of a license to practice, a nurse is considered to have given consent to a mental or physical examination when directed by the board. The board may direct a nurse to submit to an examination whenever the board determines the nurse may be suffering from a mental illness that may be interfering with the competent practice of nursing or from the use of intoxicants or drugs to an extent that they are preventing the nurse from practicing nursing competently and with safety to patients. A nurse 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 in a proceeding under subsection 1‑A . Failure to comply with an order of the board to submit to a mental or physical examination results in the immediate suspension of the license of the nurse by order of the District Court until the nurse submits to the examination. [PL 2009, c. 47, §2 (NEW).]

5. Nurse health program. The board may 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's 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 nurse from seeking alternative forms of treatment. The board may contract with other agencies, individuals, firms or associations for the conduct and operation of a nurse health program operated by a professional review committee as that term is defined in Title 24, section 2502, subsection 4‑A . [PL 2009, c. 47, §3 (NEW).]
32 M.R.S. § 6133 — ME Code / Title 32 / Chapter 80 / Section 6133
32 §6133. Registration required
Status: in_force

1. Registration. On or after January 1, 1998, a person except one exempt pursuant to section 6132, subsection 5 or 6 , may not engage in the business of check cashing or foreign currency exchange without registering as provided in this subchapter. [PL 1997, c. 155, Pt. A, §2 (NEW).]

2. Additional locations. A registrant may conduct its business in this State at one or more locations, directly or indirectly owned, or through one or more authorized delegates, subject to the requirements set forth in this section. [PL 2021, c. 245, Pt. D, §20 (AMD).]

3. Nationwide mortgage licensing system and registry. The administrator may require registration under this section through the nationwide mortgage licensing system and registry as defined in Title 9‑A, section 13‑102, subsection 8 . The administrator is authorized to participate in the nationwide mortgage licensing system and registry. [PL 2021, c. 245, Pt. D, §21 (NEW).]

4. Registration requirements; fees. In all cases, whether registration is through the nationwide mortgage licensing system and registry as defined in Title 9‑A, section 13‑102, subsection 8 or otherwise, the administrator may establish, by rule, requirements for registration under this section, including but not limited to: A. Background checks for: (1) Criminal history through fingerprint or other databases; (2) Civil or administrative records; (3) Credit history; or (4) Any other information determined necessary by the nationwide mortgage licensing system and registry; [PL 2021, c. 245, Pt. D, §22 (NEW).] B. The payment of fees to apply for or renew registrations, including for locations other than the applicant's main office location, except that the fee for an initial application may not exceed $500 and for a renewal may not exceed $500. If registration is through the nationwide mortgage licensing system and registry, an applicant must also pay a nationwide mortgage licensing system and registry processing fee in an amount to be determined by the administrators of the nationwide mortgage licensing system and registry. Renewal applications received after the due date are subject to an additional fee of $100; [PL 2021, c. 245, Pt. D, §22 (NEW).] C. The setting or resetting as necessary of renewal or reporting dates; and [PL 2021, c. 245, Pt. D, §22 (NEW).] D. Other requirements for application for, amendment of or revocation of a registration or any other such activities as the administrator considers necessary. [PL 2021, c. 245, Pt. D, §22 (NEW).] The aggregate of all fees, including those provided for by this section and in section 6140 , is appropriated for the use of the administrator. Any balance of the funds does not lapse but must be carried forward to be expended for the same purposes in the following fiscal year. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 245, Pt. D, §22 (NEW).]
32 M.R.S. § 1744 — ME Code / Title 32 / Chapter 26-B / Section 1744
32 §1744. Disclosure of information on priority food contact chemicals
Status: in_force

1. Reporting of chemical use. A person who is a manufacturer or distributor of a food package for sale in the State that contains a priority food contact chemical in any amount greater than a de minimis level shall notify the department in writing unless waived by the commissioner pursuant to this section. This written notice must be made within 180 days after a priority food contact chemical is designated. If the sale in the State of a food package by a manufacturer or distributor does not commence until after the 180-day reporting period ends, this written notice must be made within 30 days of sale of the food package in the State. This written notice must identify the food package, the number of units sold or distributed for sale in the State or nationally, the priority food contact chemical or chemicals contained in the food package, the amount of such chemicals in each unit of the food package and the intended purpose of the chemicals in the food package. [PL 2019, c. 277, §8 (NEW).]

2. Supplemental information. The manufacturer or distributor of a food package that contains a priority food contact chemical shall provide the following additional information if requested by the department: A. Information on the likelihood that the priority food contact chemical will be released from the food package to the environment during the food package's life cycle and the extent to which users of the food package are likely to be exposed to the chemical; [PL 2019, c. 277, §8 (NEW).] B. Information on the extent to which the priority food contact chemical is present in the environment or human body; and [PL 2019, c. 277, §8 (NEW).] C. An assessment of the availability, cost, feasibility and performance, including potential for harm to human health and the environment, of alternatives to the priority food contact chemical and the reason the chemical is used in the manufacture of the food package in lieu of identified alternatives. If an assessment acceptable to the department is not timely submitted, the department may assess a fee on the manufacturer or distributor to cover the costs to prepare an independent report on the availability of safer alternatives by a contractor of the department's choice. [PL 2019, c. 277, §8 (NEW).] The manufacturer or distributor of a food package that contains a priority food contact chemical may provide additional information to the department regarding the potential for harm to human health and the environment from specific uses of the chemical. [PL 2019, c. 277, §8 (NEW).]

3. Waiver of reporting; fee; extension of deadline. The commissioner may waive all or part of the notification requirement under subsection 1 for one or more specified uses of a priority food contact chemical if the commissioner determines that substantially equivalent information is already publicly available, that the information is not needed for the purposes of this chapter or that the specified use or uses are minor in volume. The department may assess a fee payable by the manufacturer or distributor upon submission of the notification to cover the department's reasonable costs in managing the information collected. The department may extend the deadline for submission of the information required under subsection 1 for one or more specified uses of a priority food contact chemical in a food package if it determines that more time is needed by the manufacturer or distributor to comply with the submission requirement or if the information is not needed at that time. [PL 2019, c. 277, §8 (NEW).]

4. Failure to provide notice. A food package containing a priority food contact chemical may not be sold, offered for sale or distributed for sale in the State if the manufacturer or distributor has failed to provide the information required in this section by the date required in this section. The commissioner shall exempt a food package from this prohibition if, in the commissioner's judgment, the lack of availability of the food package could pose an unreasonable risk to public health, safety or welfare. [PL 2019, c. 277, §8 (NEW).]

5. Rulemaking to determine fees. If the department assesses a fee pursuant to subsection 2, paragraph C or subsection 3 , the department shall determine the appropriate fee through major substantive rulemaking, as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2019, c. 277, §8 (NEW).]
32 M.R.S. § 6134 — ME Code / Title 32 / Chapter 80 / Section 6134
32 §6134. Application
Status: in_force

An application for registration must be in writing and under oath to the administrator, in such form as the administrator may prescribe. The application must include the following information: [PL 1997, c. 155, Pt. A, §2 (NEW).]

1. Name and residence. The legal name and residence and business addresses of the applicant, if the applicant is a natural person, or, if the applicant is a partnership, association, or corporation, the name of every partner, officer, or administrator of the applicant; [PL 1997, c. 155, Pt. A, §2 (NEW).]

2. Location. The location of the principal office of the applicant; [PL 1997, c. 155, Pt. A, §2 (NEW).]

3. Other locations. The complete address of any other locations at which the applicant proposes to engage in the activities regulated by this subchapter; and [PL 1997, c. 155, Pt. A, §2 (NEW).]

4. Other information. Such other information as the administrator may reasonably require with respect to the applicant. [PL 1997, c. 155, Pt. A, §2 (NEW).]
32 M.R.S. § 6144 — ME Code / Title 32 / Chapter 80 / Section 6144
32 §6144. Adoption of rules
Status: in_force

Rules adopted under this subchapter are routine technical rules as defined in Title 5, chapter 375, subchapter II‑A . [PL 1997, c. 155, Pt. A, §2 (NEW).]
32 M.R.S. § 13271 — ME Code / Title 32 / Chapter 114 / Section 13271
32 §13271. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 679, §1 (NEW).]

1. Affiliated licensee. "Affiliated licensee" means a licensee who is authorized to engage in brokerage activity by and on behalf of a real estate brokerage agency. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

2. Appointed agent. "Appointed agent" means that affiliated licensee who is appointed by the designated broker of the affiliated licensee's real estate brokerage agency to act solely for a client of that real estate brokerage agency to the exclusion of other affiliated licensees of that real estate brokerage agency. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

3. Brokerage agreement. "Brokerage agreement" means a contract that establishes the relationships between the parties and the brokerage services to be performed. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

4. Buyer agent. "Buyer agent" means a real estate brokerage agency that has entered into a written brokerage agreement with the buyer in a real estate transaction to represent the buyer as its client. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

5. Client. "Client" means a person who has entered into a written brokerage agreement with a real estate brokerage agency that has agreed to represent that person and be bound by the duties set forth in section 13272 on behalf of that person. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

6. Designated broker. "Designated broker" means a broker designated by a real estate brokerage agency to act for the real estate brokerage agency in the conduct of real estate brokerage. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

7. Disclosed dual agent. "Disclosed dual agent" means a real estate brokerage agency representing 2 or more clients whose interests are adverse in the same transaction with the knowledge and informed consent of the clients. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

8. Material fact. "Material fact" means a fact that relates to the transaction and is so substantial and important as to influence the client to whom it is imparted. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

9. Ministerial acts. "Ministerial acts" means those acts that a real estate brokerage agency performs for a person who is not a client and that are informative or clerical in nature and do not rise to the level of active representation on behalf of the person. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

10. Real estate brokerage agency. "Real estate brokerage agency" means a person or entity providing real estate brokerage services through that person's designated broker, affiliated licensees, associates or employees and licensed by the commission as a real estate brokerage agency. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

11. Seller agent. "Seller agent" means a real estate brokerage agency that has entered into a written brokerage agreement with the seller in a real estate transaction to represent the seller as the real estate brokerage agency's client. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

12. Subagent. "Subagent" means a real estate brokerage agency engaged by another real estate brokerage agency to perform brokerage tasks for a client. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]

13. Third party. [PL 2005, c. 378, §13 (RP); PL 2005, c. 378, §29 (AFF).]

13-A. Transaction broker. "Transaction broker" means a real estate brokerage agency that provides real estate brokerage services to one or more parties in a real estate transaction without a fiduciary relationship as a buyer agent, a seller agent, a subagent or a disclosed dual agent. [PL 2005, c. 378, §13 (NEW); PL 2005, c. 378, §29 (AFF).]

14. Undisclosed dual agent. "Undisclosed dual agent" means a real estate brokerage agency representing 2 or more clients whose interests are adverse in the same transaction without the knowledge and informed consent of the clients. [PL 2005, c. 378, §13 (AMD); PL 2005, c. 378, §29 (AFF).]
32 M.R.S. § 552-A — ME Code / Title 32 / Chapter 9 / Section 552-A
32 §552-A. 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, §9 (NEW).]
32 M.R.S. § 11308 — ME Code / Title 32 / Chapter 111-A / Section 11308
32 §11308. Consent to service of process
Status: in_force

1. Appointment of administrator. When a person, including a nonresident of this State, engages in conduct prohibited or made actionable by the chapter or any rule or order of the administrator, the engaging in the conduct shall constitute the appointment of the administrator as the person's attorney to receive service of any lawful process in a noncriminal proceeding against the person, a successor or personal representative, which grows out of that conduct and which is brought under the chapter or any rule or order of the administrator with the same force and validity as if served personally. [PL 1989, c. 542, §82 (AMD).]

2. Service. Service under subsection 1 may be made by leaving a copy of the process in the office of the administrator, but it is not effective unless: A. The plaintiff, who may be the administrator in a suit, action or proceeding instituted by the administrator, forthwith sends notice of the service and a copy of the process by registered or certified mail to the defendant or respondent at the last address known to the plaintiff; and [PL 1989, c. 542, §82 (AMD).] B. The plaintiff's affidavit of compliance with this subsection is filed in the case on or before the return day of the process, if any, or within such further time as the court allows. [PL 1985, c. 643 (NEW).] [PL 1989, c. 542, §82 (AMD).]
32 M.R.S. § 14509 — ME Code / Title 32 / Chapter 128 / Section 14509
32 §14509. License fee
Status: in_force

The Director of the Office of Professional and Occupational Regulation within the department may establish by rule fees for purposes authorized under this chapter in amounts that are reasonable and necessary for their respective purposes, except that the fee for any one purpose may not exceed $300 annually. Rules adopted pursuant to this section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 402, Pt. KK, §6 (AMD); PL 2011, c. 286, Pt. B, §5 (REV).]

1. Transient seller registration. [PL 1999, c. 685, §25 (RP).]

2. Renewal. [PL 1999, c. 685, §25 (RP).]
32 M.R.S. § 14361-A — ME Code / Title 32 / Chapter 127-A / Section 14361-A
32 §14361-A. Denial or refusal to renew license; disciplinary action
Status: in_force

In addition to the grounds enumerated in Title 10, section 8003, subsection 5‑A, paragraph A , the department may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: [PL 2007, c. 402, Pt. JJ, §10 (NEW).]

1. Addiction. Addiction to alcohol or other drugs resulting in the licensed athletic trainer's inability to perform that trainer's duties safely and competently; [PL 2007, c. 402, Pt. JJ, §10 (NEW).]

2. Incompetency. A court finding of mental incompetency; [PL 2007, c. 402, Pt. JJ, §10 (NEW).]

3. Accomplice. Aiding a person not duly licensed as an athletic trainer in misrepresentation as an athletic trainer; or [PL 2007, c. 402, Pt. JJ, §10 (NEW).]

4. Unethical conduct. A finding by the Professional Practice and Discipline Committee of the Board of Certification for the Athletic Trainer of a violation of that board's practice standards and code of professional responsibility or findings by successor or other organizations with respect to codes of ethics approved by the department. [PL 2025, c. 211, §7 (AMD).]
32 M.R.S. § 3555 — ME Code / Title 32 / Chapter 51 / Section 3555
32 §3555. Review committee immunity
Status: in_force

Any member of a peer review committee of a state association composed of podiatrists licensed under this chapter, any staff member of such an association assisting a peer review committee and any witness or consultant appearing before or presenting information to the peer review committee is immune from civil liability for, without malice, undertaking or failing to undertake any act within the scope of the function of the committee. [PL 1987, c. 646, §12 (NEW).]
32 M.R.S. § 13733-A — ME Code / Title 32 / Chapter 117 / Section 13733-A
32 §13733-A. Licensure by endorsement
Status: in_force

In order to obtain a license as a pharmacist by endorsement, an applicant for licensure must meet the requirements of Title 10, section 8003‑H and any applicable rules adopted pursuant to that section. [PL 2021, c. 289, §9 (NEW).]
32 M.R.S. § 14004 — ME Code / Title 32 / Chapter 124 / Section 14004
32 §14004. Exemption
Status: in_force

Real estate appraisal activity does not include: [PL 1999, c. 185, §5 (NEW).]

1. Salaried employees. Appraisals prepared by a salaried employee of a real estate owner who, in the regular course of employment, makes appraisals of the real estate of the employer or of real estate under consideration for purchase or exchange for the sole consideration of the employer; and [PL 1999, c. 185, §5 (NEW).]

2. Brokers or associate brokers. Appraisals or opinions of market value prepared by associate brokers or brokers who maintain active licenses pursuant to chapter 114 rendered for purposes other than for federally related transactions. [PL 1999, c. 185, §5 (NEW).]

Any opinion or appraisal of market value rendered under this section must contain the following language in bold print in a prominent location: "This opinion or appraisal was prepared solely for the client, for the purpose and function stated in this report and is not intended for subsequent use. It was not prepared by a licensed or certified appraiser and may not comply with the appraisal standards of the uniform standards of professional appraisal practice." [PL 1999, c. 185, §5 (NEW).]
32 M.R.S. § 13002 — ME Code / Title 32 / Chapter 114 / Section 13002
32 §13002. Exceptions to brokerage
Status: in_force

Real estate brokerage does not include the following: [PL 1991, c. 53, §1 (AMD).]

1. Transactions by owner or lessor. Transactions conducted by any person who is the owner or lessor of the real estate, or to their regular employees with regard to the employer's real estate, provided that: A. The real estate transaction services rendered by the employee are performed as an incident to the usual duties performed for the employer; or [PL 1989, c. 471, §1 (NEW).] B. The real estate transaction services are subject to the provisions of the Maine Condominium Act, Title 33, chapter 31 ; [PL 1997, c. 209, §1 (AMD).] [PL 1997, c. 209, §1 (AMD).]

2. Transactions by attorneys-at-law. Transactions conducted by an attorney-at-law in the performance of duties as an attorney-at-law. This exception does not apply to attorneys who are regularly engaged in real estate brokerage; [PL 1999, c. 129, §1 (AMD); PL 1999, c. 129, §16 (AFF).]

3. Exception. A person licensed as an auctioneer under chapter 5‑B , hired to call bids at an auction, if the person employed does not prepare contracts or otherwise control the actual sale or take custody of any part of the purchase price; and [RR 2021, c. 2, Pt. A, §117 (COR).]

4. Time share. Real estate transaction services subject to the provisions of Title 33, chapter 10‑A . [PL 1999, c. 129, §3 (NEW); PL 1999, c. 129, §16 (AFF).]
32 M.R.S. § 2292 — ME Code / Title 32 / Chapter 32 / Section 2292
32 §2292. Active duty military personnel or military spouses
Status: in_force

An active duty military member or the military member's spouse shall designate a home state where the individual has a current license in good standing. The individual may retain the home state designation during the period the service member is on active duty. Subsequent to designating a home state, the individual may change the individual's home state only through application for licensure in the new state or through the process described in section 2291 . [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 6132 — ME Code / Title 32 / Chapter 80 / Section 6132
32 §6132. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1997, c. 155, Pt. A, §2 (NEW).]

1. Administrator. "Administrator" means the Superintendent of Consumer Credit Protection. [PL 1997, c. 155, Pt. A, §2 (NEW); PL 2007, c. 273, Pt. B, §6 (REV); PL 2007, c. 695, Pt. A, §47 (AFF).]

2. Applicant. "Applicant" means a person filing an application for a license under this subchapter. [PL 1997, c. 155, Pt. A, §2 (NEW).]

3. Capital adequacy. "Capital adequacy" means that an applicant is financially sound and has liquid assets useable in the business of at least $10,000, computed according to generally accepted accounting principles, for the full term of the registration. [PL 1997, c. 155, Pt. A, §2 (NEW).]

4. Check. "Check" means any check, draft, money order or other instrument for the transmission or payment of money. "Check" does not include a travelers check. [PL 1997, c. 155, Pt. A, §2 (NEW).]

5. Check cashing business. "Check cashing business" means any person who engages in the business of cashing checks for a fee. "Check cashing business" does not include any of the following: A. A supervised financial organization; [PL 1997, c. 155, Pt. A, §2 (NEW).] B. A supervised lender; [PL 1997, c. 155, Pt. A, §2 (NEW).] C. A licensee under the Maine Money Transmission Modernization Act; or [PL 2023, c. 662, §5 (AMD).] D. A person who is primarily engaged in the business of selling tangible personal property or services at retail and does not derive more than 5% of its income from check cashing. [PL 1997, c. 155, Pt. A, §2 (NEW).] [PL 2023, c. 662, §5 (AMD).]

6. Foreign currency exchange business. "Foreign currency exchange business" means a person who engages in the business of exchanging foreign currency for a fee. "Foreign currency exchange business" does not include any of the following: A. A supervised financial organization; [PL 1997, c. 155, Pt. A, §2 (NEW).] B. A licensee under the Maine Money Transmission Modernization Act; or [PL 2023, c. 662, §6 (AMD).] C. A person who is primarily engaged in the business of selling tangible personal property or services at retail and does not derive more than 5% of that person's income from foreign currency exchange. [PL 1997, c. 155, Pt. A, §2 (NEW).] [PL 2023, c. 662, §6 (AMD).]

7. Identification. "Identification" means, and is limited to, an unexpired and otherwise valid drivers license; a state identification card issued by any state of the United States or its territories or the District of Columbia showing a photograph and signature; a United States government resident alien identification card; a United States passport; or a United States military identification card. [PL 1997, c. 155, Pt. A, §2 (NEW).]

8. Person. "Person" means an individual, partnership, association, joint-stock association, limited liability company, trust or corporation. [PL 1997, c. 155, Pt. A, §2 (NEW).]

9. Registrant. "Registrant" means a person registered under this subchapter. [PL 1997, c. 155, Pt. A, §2 (NEW).]
32 M.R.S. § 3297 — ME Code / Title 32 / Chapter 48 / Section 3297
32 §3297. Posting of policy regarding acceptance of Medicare assignment
Status: in_force

An allopathic physician licensed pursuant to chapter 48 , an osteopathic physician licensed pursuant to chapter 36 , a chiropractor licensed pursuant to chapter 9 and a podiatrist licensed pursuant to chapter 51 who treats Medicare-eligible individuals shall post in a conspicuous place that professional's policy regarding the acceptance of Medicare assignment. [PL 1993, c. 600, Pt. A, §224 (AMD).]

This posting must state the policy on accepting assignment and name the individual with whom the patient should communicate regarding the policy. [PL 1993, c. 600, Pt. A, §224 (AMD).]

The Board of Licensure in Medicine, the Board of Osteopathic Licensure, the Board of Licensure of Podiatric Medicine and the Board of Chiropractic Licensure shall enforce the provisions of this section and inform each licensee of the licensee's obligation under this law. Each board may discipline a licensee under its jurisdiction for failing to comply with this section and impose a monetary penalty of not less than $100 and not more than $1,000 for each violation. [PL 1993, c. 600, Pt. A, §224 (AMD).]
32 M.R.S. § 2293 — ME Code / Title 32 / Chapter 32 / Section 2293
32 §2293. Adverse actions
Status: in_force

1. Authority of home state. A home state has exclusive power to impose adverse action against an occupational therapist's or occupational therapy assistant's license issued by the home state. [PL 2021, c. 324, §2 (NEW).]

2. Authority of remote state. In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to: A. Take adverse action against an occupational therapist's or occupational therapy assistant's compact privilege within that member state; and [PL 2021, c. 324, §2 (NEW).] B. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. A subpoena issued by a licensing board in a member state for the attendance and testimony of witnesses or the production of evidence from another member state may be enforced in the latter state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence are located. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

3. Application of law in home state. For the purposes of taking adverse action, the home state shall give the same priority and effect to reported conduct received from a member state as it would if the conduct had occurred within the home state and shall apply its own state laws to determine appropriate action. [PL 2021, c. 324, §2 (NEW).]

4. Investigations. The home state shall complete any pending investigations of an occupational therapist or occupational therapy assistant who changes the therapist's or the assistant's primary state of residence during the course of the investigations. The home state where the investigations were initiated also has the authority to take appropriate action and shall promptly report the conclusions of the investigations to the data system. The data system administrator shall promptly notify the new home state of any adverse action. [PL 2021, c. 324, §2 (NEW).]

5. Recovery of costs of investigations. A member state, if otherwise permitted by state law, may recover from the affected occupational therapist or occupational therapy assistant the costs of investigations and disposition of cases resulting from any adverse action taken against that occupational therapist or occupational therapy assistant. [PL 2021, c. 324, §2 (NEW).]

6. Factual findings. A member state may take adverse action based on the factual findings of a remote state, as long as the member state follows its own procedures for taking the adverse action. [PL 2021, c. 324, §2 (NEW).]

7. Joint investigations. The following requirements apply to joint investigations. A. In addition to the authority granted to a member state by its respective state occupational therapy laws and regulations or other applicable state law, any member state may participate with other member states in joint investigations of licensees. [PL 2021, c. 324, §2 (NEW).] B. Member states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

8. Deactivation of compact privilege. If an adverse action is taken by the home state against an occupational therapist's or occupational therapy assistant's license, the occupational therapist's or occupational therapy assistant's compact privilege in all other member states must be deactivated until all encumbrances have been removed from the state license. All home state disciplinary orders that impose adverse action against an occupational therapist's or occupational therapy assistant's license must include a statement that the occupational therapist's or occupational therapy assistant's compact privilege is deactivated in all member states during the pendency of the order. [PL 2021, c. 324, §2 (NEW).]

9. Notice of adverse action. If a member state takes adverse action, it shall promptly notify the administrator of the data system. The administrator of the data system shall promptly notify the home state of any adverse actions by remote states. [PL 2021, c. 324, §2 (NEW).]

10. Alternative program. This compact does not override a member state's decision that participation in an alternative program may be used in lieu of adverse action. [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 17307 — ME Code / Title 32 / Chapter 137 / Section 17307
32 §17307. Denial or refusal to renew license; disciplinary action
Status: in_force

The board has authority to investigate all complaints made to it and all cases of noncompliance with or violation of this chapter. In addition to the grounds enumerated in Title 10, section 8003, subsection 5, paragraph A‑1 , the board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5, paragraphs B and C for: [RR 2021, c. 2, Pt. A, §118 (COR).]

1. Unfair and deceptive practices. Engaging in unfair or deceptive practices as defined by the rules established by the board or violating the code of ethics adopted and published by the board, including selling or causing to be sold a hearing aid to a person who has not been given tests such as pure tone, air and bone audiometry or other hearing assessments as determined by the board. The results of these tests must be permanently filed; [PL 2019, c. 165, §34 (AMD).]

2. Negligence. Incompetence, negligence or neglect in the conduct of the practice of dealing in and fitting of hearing aids, including, but not limited to, the improper fitting of a hearing aid, the sale of a hearing aid to a person with normal hearing, making an ear mold impression or fitting an ear mold without prior inspection of the external ear canal, making an ear mold impression or fitting an ear mold after prior inspection revealed the presence of, or impacted, cerumen in the ear canal, the failure to indicate the need for medical or audiological evaluation when the prospective purchaser's history reveals a probable risk of disease or progressive hearing impairment, the failure to make the required medical referrals, the incorrect reporting of hearing test results to a person, the failure to be present to fit the final hearing aid in the ear of the purchaser and the tampering with a satisfactorily performing hearing aid owned by a purchaser or potential purchaser to cause that hearing aid to no longer perform correctly; or [PL 2019, c. 165, §34 (AMD).]

3. Prohibited conduct. A violation of section 17311 . [PL 2019, c. 165, §35 (NEW).]
32 M.R.S. § 87-B — ME Code / Title 32 / Chapter 2-B / Section 87-B
32 §87-B. Trauma-incidence registry
Status: in_force

The board shall collect trauma data as follows. [PL 1993, c. 738, Pt. C, §8 (NEW).]

1. Registry. The board shall maintain a statewide trauma-incidence registry that meets the requirements of the federal Trauma Care Systems Planning and Development Act of 1990, Public Law 101-590, Section 1, 104 Stat. 2915. The board shall adopt rules to define trauma. [PL 1993, c. 738, Pt. C, §8 (NEW).]

2. Reporting by physicians and hospitals. Physicians and hospitals may report trauma information to the board as follows. A. A hospital may report to the board information regarding persons diagnosed as suffering from trauma. Trauma reports should be made no later than 30 days from the date of diagnosis or the date of discharge from the hospital, whichever is later. [PL 1993, c. 738, Pt. C, §8 (NEW).] B. A physician, upon request of the board, may report to the board any further information requested by the board concerning any person now or formerly under that physician's care who was diagnosed as having suffered from trauma. [PL 1993, c. 738, Pt. C, §8 (NEW).] C. A physician or hospital that reports in good faith in accordance with this section is not liable for any civil damages for making the report. [PL 1993, c. 738, Pt. C, §8 (NEW).] [PL 1993, c. 738, Pt. C, §8 (NEW).]

3. Confidentiality. [PL 2011, c. 271, §13 (RP).]
32 M.R.S. § 12601 — ME Code / Title 32 / Chapter 113-B / Section 12601
32 §12601. Short title
Status: in_force

This subchapter may be known and cited as "the Right To Practice Complementary and Alternative Health Care Act." [PL 2019, c. 265, §1 (NEW).]
32 M.R.S. § 18536 — ME Code / Title 32 / Chapter 145-A / Section 18536
32 §18536. Adverse actions
Status: in_force

1. Participating state authority. A participating state in which a licensee is licensed has exclusive power to impose an adverse action against the qualifying license issued by that participating state. [PL 2023, c. 670, §1 (NEW).]

2. Remote state authority. In addition to the other powers conferred by state law, a remote state has the authority, in accordance with existing state due process law, to: A. Take adverse action against a physician assistant's compact privilege within that state to remove a licensee's compact privilege or take any other action necessary under applicable law to protect the health and safety of its citizens; and [PL 2023, c. 670, §1 (NEW).] B. Issue subpoenas for both hearings and investigations that require the attendance and testimony of witnesses as well as the production of evidence. Subpoenas issued by a licensing board in a participating state for the attendance and testimony of witnesses or the production of evidence from another participating state must be enforced in the other state by any court of competent jurisdiction, according to the practice and procedure of that court applicable to subpoenas issued in proceedings pending before it. The issuing authority shall pay any witness fees, travel expenses, mileage and other fees required by the service statutes of the state in which the witnesses or evidence is located. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

3. Lawful conduct; subpoenas. Notwithstanding subsection 2 , subpoenas may not be issued by a participating state to gather evidence of conduct in another state that is lawful in that other state for the purpose of taking adverse action against a licensee's compact privilege or application for a compact privilege in that participating state. [PL 2023, c. 670, §1 (NEW).]

4. Lawful conduct; disciplinary action. Nothing in this compact authorizes a participating state to impose discipline against a physician assistant's compact privilege or to deny an application for a compact privilege in that participating state for the individual's otherwise lawful practice in another state. [PL 2023, c. 670, §1 (NEW).]

5. Reported conduct. For purposes of taking adverse action, the participating state that issued the qualifying license shall give the same priority and effect to reported conduct received from any other participating state as it would if the conduct had occurred within the participating state that issued the qualifying license. In so doing, the participating state shall apply its own state laws to determine appropriate action. [PL 2023, c. 670, §1 (NEW).]

6. Recovery. A participating state, if otherwise permitted by state law, may recover from the affected physician assistant the costs of investigations and dispositions of cases resulting from any adverse action taken against that physician assistant. [PL 2023, c. 670, §1 (NEW).]

7. Remote state findings. A participating state may take adverse action based on the factual findings of a remote state as long as the participating state follows its own procedures for taking the adverse action. [PL 2023, c. 670, §1 (NEW).]

8. Joint investigations. In addition to the authority granted to a participating state by its respective state physician assistant laws or regulations or other applicable state law, any participating state may participate with other participating states in a joint investigation of a licensee. Participating states shall share any investigative, litigation or compliance materials in furtherance of any joint or individual investigation initiated under the compact. [PL 2023, c. 670, §1 (NEW).]

9. Deactivation. If adverse action is taken against a physician assistant's qualifying license, the physician assistant's compact privilege in all remote states must be deactivated until 2 years have elapsed after all restrictions have been removed from the state license. All disciplinary orders by the participating state that has issued the physician assistant's qualifying license that impose adverse action against the physician assistant's license must include a statement that the physician assistant's compact privilege is deactivated in all participating states during the pendency of the order. [PL 2023, c. 670, §1 (NEW).]

10. Notification. If a participating state takes adverse action, it shall promptly notify the administrator of the commission's data system. [PL 2023, c. 670, §1 (NEW).]
32 M.R.S. § 1351 — ME Code / Title 32 / Chapter 19 / Section 1351
32 §1351. Licensure required
Status: in_force

In order to safeguard life, health and property, any person practicing or offering to practice the profession of engineering is required to submit evidence of qualification to practice the profession of engineering and must be licensed as provided. It is unlawful for any person to practice or to offer to practice the profession of engineering in the State or to use in connection with the person's name or otherwise assume, use or advertise any title or description tending to convey the impression that the person is a professional engineer, unless that person has been duly licensed or exempted under this chapter. [PL 2005, c. 315, §19 (AMD).]
32 M.R.S. § 13278 — ME Code / Title 32 / Chapter 114 / Section 13278
32 §13278. Appointed agents within a firm
Status: in_force

1. Appointed agents. A real estate brokerage agency entering into a brokerage agreement may, through the designated broker, appoint in writing to the client those affiliated licensees within the real estate brokerage agency who will be acting as appointed agents of that client to the exclusion of all other affiliated licensees within the real estate brokerage agency. [PL 1993, c. 679, §1 (NEW).]

2. Not a dual agent. A real estate brokerage agency and the designated broker are not considered to be dual agents solely because of an appointment under the provisions of this section, except that any affiliated licensee who personally represents both the seller and the buyer, as clients, in a particular transaction is considered to be a dual agent and is required to comply with the provisions of this subchapter governing disclosed dual agents. [PL 2005, c. 378, §19 (AMD); PL 2005, c. 378, §29 (AFF).]

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

4. Appointments; roles. Methods of appointment and the role of the real estate brokerage agency and the designated broker must be defined by rules adopted by the commission. The rules must include a requirement that clients be informed as to the real estate brokerage agency's appointed agent policy and give written consent to that policy in advance of entering into a brokerage agreement. [PL 2005, c. 378, §19 (AMD); PL 2005, c. 378, §29 (AFF).]
32 M.R.S. § 7074 — ME Code / Title 32 / Chapter 83 / Section 7074
32 §7074. Professional responsibility
Status: in_force

All laws and rules governing professional responsibility, unprofessional conduct and generally accepted standards of practice that apply to a person licensed under this chapter also apply to that licensee while providing telehealth services. [PL 2021, c. 291, Pt. B, §14 (NEW).]
32 M.R.S. § 3850-G — ME Code / Title 32 / Chapter 56 / Section 3850-G
32 §3850-G. Confidentiality (REALLOCATED FROM TITLE 32, SECTION 3843)
Status: in_force

(REALLOCATED FROM TITLE 32, SECTION 3843)

When providing telehealth services, a person licensed under this chapter shall comply with all state and federal confidentiality and privacy laws. [PL 2021, c. 291, Pt. B, §11 (NEW); RR 2021, c. 1, Pt. A, §30 (RAL).]
32 M.R.S. § 18140 — ME Code / Title 32 / Chapter 139 / Section 18140
32 §18140. Tank installer
Status: in_force

1. Scope of license. A tank installer’s privileges to practice are restricted to installing outside residential heating oil tanks at manufactured housing as defined by Title 10, section 9002, subsection 7, paragraph A . [PL 2017, c. 210, Pt. I, §5 (AMD).]

2. Issuance of license. The following provisions govern the issuance of a tank installer's license. A. A tank installer’s license may be issued to: (1) A licensed manufactured housing mechanic as defined in Title 10, section 9002 ; or (2) The owner of a manufactured housing dealership for the purpose of installing heating oil tanks at manufactured housing that has been sold by the owner. The license is revoked upon the owner ceasing to operate as a manufactured housing dealer. [PL 2017, c. 210, Pt. I, §5 (AMD).] B. A tank installer’s license may be issued jointly to a licensed manufactured housing dealer, as defined in Title 10, section 9002 , and an individual employee of the dealer who is named as the corecipient of the joint tank installer's license. The corecipient dealer and employee are restricted to installing heating oil tanks at manufactured housing that was sold by the dealer. The joint tank installer's license is revoked upon termination of the employee named as the corecipient of the joint tank installer's license from the employ of the dealer. [PL 2017, c. 210, Pt. I, §5 (AMD).] [PL 2017, c. 210, Pt. I, §5 (AMD).]

3. Professional qualifications. A tank installer must provide satisfactory evidence to the board of completion of a board-approved training program of at least 4 hours for proper installation of an outside oil tank. [PL 2017, c. 210, Pt. I, §5 (AMD).]
32 M.R.S. § 12522 — ME Code / Title 32 / Chapter 113-B / Section 12522
32 §12522. Scope of practice
Status: in_force

1. Medicines and therapies. A naturopathic doctor may use and order for preventative and therapeutic purposes the following natural medicines and therapies: food, food extracts, vitamins, minerals, enzymes, digestive aids, whole gland thyroid and other natural hormones, plant substances, all homeopathic preparations, immunizations, counseling, hypnotherapy, biofeedback, dietary therapy, naturopathic manipulative therapy, naturopathic physical medicine, therapeutic devices, barrier devices for contraception and office procedures. Naturopathic doctors may also prescribe medications, including natural antibiotics and topical medicines, within the limitations set forth in subsection 4 . This subsection may not be construed to prevent an individual other than a naturopathic doctor from using, ordering or recommending any of the above listed items as long as the individual is not prohibited from doing so by any other federal or state statute or regulation. [PL 1995, c. 671, §13 (NEW).]

2. Diagnostic procedures. A naturopathic doctor may use physical examinations for diagnostic purposes including phlebotomy, clinical laboratory tests, speculum examinations and physiological function tests, excluding all endoscopies and physiological function tests requiring infusion, injection, inhalation or ingestion of medications to perform tests. A naturopathic doctor may order ultrasound, x-ray and electrocardiogram tests but must refer to an appropriate licensed health care professional for conducting and interpreting the tests. [PL 1995, c. 671, §13 (NEW).]

3. Other devices and procedures. A naturopathic doctor may prescribe therapeutic devices or use noninvasive diagnostic procedures commonly used by allopathic or osteopathic physicians in general practice. [PL 1995, c. 671, §13 (NEW).]

4. Prescriptive authority. Naturopathic doctors have a limited scope of prescriptive authority. A. A naturopathic doctor may prescribe nonprescription medications without limitation. [PL 1995, c. 671, §13 (NEW).] B. A naturopathic doctor may only prescribe noncontrolled legend drugs from the following categories: homeopathic remedies, vitamins and minerals, hormones, local anesthesia and immunizations that are designated by rule by a subcommittee of the board consisting of the naturopathic members and the allopathic or osteopathic physician member, as consistent with a naturopathic doctor's education and training. A naturopathic doctor may not prescribe psychotropic medications. [PL 2025, c. 150, §1 (AMD).] C. Prior to independently prescribing noncontrolled legend drugs, a naturopathic doctor shall establish and complete a 12-month collaborative relationship with a licensed allopathic or osteopathic physician to review the naturopathic doctor's prescribing practices. The board shall further define the terms of the collaborative relationship by rule. [PL 1995, c. 671, §13 (NEW).] [PL 2025, c. 150, §1 (AMD).]

5. Prohibition. A naturopathic doctor may not: A. Prescribe, dispense or administer any substance or device identified in Schedule I, II, III, IV or V as described in the federal Controlled Substance Act, 21 United States Code, Sections 801 to 971 (1988), or any controlled substances or devices; [PL 1995, c. 671, §13 (NEW).] B. Perform surgical procedures except those office procedures authorized by this chapter; [PL 1995, c. 671, §13 (NEW).] C. Practice emergency medicine except when a good Samaritan rendering gratuitous services in the case of emergency and except for the care of minor injuries; or [PL 1995, c. 671, §13 (NEW).] D. Practice or claim to practice medicine and surgery, osteopathy, dentistry, podiatry, optometry, chiropractic, physical therapy or any other system or method of treatment not authorized in this chapter. [PL 1995, c. 671, §13 (NEW).] [PL 1995, c. 671, §13 (NEW).]
32 M.R.S. § 2202-B — ME Code / Title 32 / Chapter 31 / Section 2202-B
32 §2202-B. Certification fee; disposition of fee; nursing assistants
Status: in_force

1. Fees authorized. The Commissioner of Health and Human Services may assess fees for certification of nursing assistants, for the competency testing of nursing assistants and for validation of test results to determine eligibility for certification and charge fees for certificates issued and duplicated for out-of-state vocational reciprocity, renewal of certificates and replacement of certificates. [PL 2009, c. 628, §4 (AMD).]

2. Amounts. Amounts of fees are as follows: A. For competency testing, $45, which must be included in the training course fee; [PL 2009, c. 628, §4 (AMD).] B. For initial certificate, $5; [PL 1991, c. 528, Pt. III, §24 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §24 (NEW).] C. For replacement certificate, $5; [PL 1991, c. 528, Pt. III, §24 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §24 (NEW).] D. For letter of verification of completion of a certified nursing assistant program, $20; [PL 2009, c. 628, §4 (AMD).] E. For converted certificate, $5; [PL 1993, c. 435, §12 (AMD).] F. For renewal certificate, $5; and [PL 1993, c. 435, §12 (AMD).] G. For validation of test results, $5. [PL 1993, c. 435, §13 (NEW).] [PL 2009, c. 628, §4 (AMD).]

3. Accounting. The Commissioner of Health and Human Services shall: A. Collect and account for testing and certification fees; and [PL 1991, c. 528, Pt. III, §24 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §24 (NEW).] B. Report and pay fees to the Treasurer of State to be credited to the General Fund. [PL 1991, c. 528, Pt. III, §24 (NEW); PL 1991, c. 528, Pt. RRR (AFF); PL 1991, c. 591, Pt. III, §24 (NEW).] [PL 2009, c. 628, §4 (AMD).]

4. Staff. The Commissioner of Health and Human Services shall employ staff necessary to carry out the requirements of this section. [PL 2009, c. 628, §4 (AMD).]