32 M.R.S. § 11310 — ME Code / Title 32 / Chapter 111-A / Section 11310
32 §11310. Procedure for entry of an order
Status: in_force

1. Notice of intent, summary order. The administrator shall commence an administrative proceeding under this chapter, by entering either a notice of intent to do a contemplated act or a summary order. The notice of intent or summary order may be entered without notice, without opportunity for hearing and need not be supported by findings of fact or conclusions of law, but must be in writing. [PL 1989, c. 542, §83 (AMD).]

2. Notification of parties. Upon entry of a notice of intent or summary order, the administrator shall promptly notify, in writing, all interested parties that the notice or summary order has been entered and the reasons for that notice or order. If the proceeding is pursuant to a notice of intent, the administrator shall notify all interested parties of the date, time and place set for the hearing in the notice or, if no hearing has been scheduled, the administrator shall notify all interested parties that they have 30 calendar days from the entry of the notice of intent to file a written request with the administrator for a hearing. If the proceeding is pursuant to a summary order, the administrator shall notify all interested parties that they have 30 calendar days from the entry of the order to file a written request for a hearing on the matter with the administrator and that the hearing will be scheduled to commence within 15 calendar days after the receipt of the written request. Notwithstanding anything in this subsection, the administrator may give notice of the entry of the notice of intent or summary order to such parties as the administrator may determine to be necessary or appropriate. [PL 1989, c. 542, §83 (AMD).]

3. Hearing. If the proceeding is pursuant to a summary order, the administrator, whether or not a written request for a hearing is received from any interested party, may set the matter down for hearing on the administrator's own motion. [PL 1989, c. 542, §83 (AMD).]

4. Summary order final. A summary order issued against any person becomes a final order: A. Thirty days after the administrator mails notice to the interested parties of the right to request a hearing if they fail to request a hearing and none is scheduled by the administrator; or [PL 1989, c. 542, §83 (AMD).] B. On the date of the hearing, if the person requesting the hearing fails to appear. [PL 1985, c. 643 (NEW).] [PL 1989, c. 542, §83 (AMD).]

5. Action pending final determination. If a hearing is requested or ordered, the administrator, after notice of and opportunity for hearing to all interested persons, may modify or vacate the order or extend it until final determination. [PL 1989, c. 542, §83 (AMD).]

6. Final order. No final order or order after hearing may be returned without: A. Appropriate notice to all interested persons; [PL 1985, c. 643 (NEW).] B. Opportunity for hearing by all interested persons; and [PL 1985, c. 643 (NEW).] C. Entry of written findings of fact and conclusions of law. [PL 1985, c. 643 (NEW).] [PL 1985, c. 643 (NEW).]
32 M.R.S. § 13177-B — ME Code / Title 32 / Chapter 114 / Section 13177-B
32 §13177-B. Unfair agreements to list residential real estate
Status: in_force

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Long-term agreement" means a contract or agreement between a provider and an owner under which: (1) The owner agrees to list the owner's residential real estate for sale with the provider at a future date; and (2) Any portion of the real estate brokerage service to be provided under the contract or agreement by the provider may be performed more than 2 years after the date the contract or agreement becomes effective. [PL 2023, c. 290, §1 (NEW).] B. "Owner" means an owner of an interest in residential real estate. [PL 2023, c. 290, §1 (NEW).] C. "Provider" means a person or entity providing or offering to provide real estate brokerage services. [PL 2023, c. 290, §1 (NEW).] D. "Recording" means presenting a document to a register of deeds for official placement in the records of the registry of deeds. [PL 2023, c. 290, §1 (NEW).] E. "Residential real estate" means real estate consisting of not less than one nor more than 4 residential dwelling units. [PL 2023, c. 290, §1 (NEW).] [PL 2023, c. 290, §1 (NEW).]

2. Prohibited agreements. A provider may not enter into or offer to enter into a long‑term agreement that purports to: A. Bind any future owner not a party to the long-term agreement; [PL 2023, c. 290, §1 (NEW).] B. Allow for the assignment by the provider of a real estate brokerage service to a 3rd party without notice to or consent of the owner; [PL 2023, c. 290, §1 (NEW).] C. Create a lien, encumbrance or other real property security interest; or [PL 2023, c. 290, §1 (NEW).] D. Obligate the owner to pay a fee or commission to the provider upon a sale or transfer of the residential real estate when the sale or transfer is not the result of a real estate brokerage service provided by the provider. [PL 2023, c. 290, §1 (NEW).] [PL 2023, c. 290, §1 (NEW).]

3. Unfair trade practice. A violation of subsection 2 is a violation of the Maine Unfair Trade Practices Act. [PL 2023, c. 290, §1 (NEW).]

4. Unenforceable; recording prohibited. A long‑term agreement in violation of subsection 2 is unenforceable. A person may not record or cause to be recorded a long‑term agreement in violation of subsection 2 . A long‑term agreement in violation of subsection 2 recorded in the State does not provide actual or constructive notice against an otherwise bona fide purchaser or creditor. If a long‑term agreement is recorded in violation of this subsection, a party with an interest in the residential real estate that is the subject of that long‑term agreement may apply to a District Court or Superior Court in the county where the recording occurred for an order declaring the long‑term agreement void and of no effect. [PL 2023, c. 290, §1 (NEW).]

5. Rights of recovery. If a long‑term agreement is recorded in violation of subsection 4 , a party with an interest in the residential real estate that is the subject of the long‑term agreement may recover actual damages, costs and attorney's fees as may be proven against the party who recorded that long‑term agreement. [PL 2023, c. 290, §1 (NEW).]

6. Mechanic's lien. Nothing in this section affects a lien on residential real estate established under Title 10, section 3251 . [PL 2023, c. 290, §1 (NEW).]
32 M.R.S. § 9708 — ME Code / Title 32 / Chapter 97 / Section 9708
32 §9708. Requirements for licensure; levels of licensure
Status: in_force

An applicant applying for a license as a respiratory care practitioner shall file a written application provided by the board, showing to the satisfaction of the board that he meets the following requirements. [PL 1985, c. 288, §3 (NEW).]

1. Residence. [PL 1989, c. 450, §44 (RP).]

2. Ethical practice. An applicant must exhibit trustworthiness and competence. [PL 2007, c. 402, Pt. W, §6 (AMD).]

3. Education and qualifications. An applicant shall present evidence satisfactory to the board that: A. For a license as a respiratory therapist: (1) The applicant is presently credentialed by the National Board for Respiratory Care or its successor or other organization approved by the board as a registered respiratory therapist; or (2) The applicant: (a) Is a graduate of an educational program for respiratory therapists which is recognized by the board and accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education; and (b) Has passed an examination as provided for in section 9709 ; or [PL 2007, c. 402, Pt. W, §7 (AMD).] B. For a license as a respiratory care technician: (1) The applicant is presently credentialed by the National Board for Respiratory Care as a certified respiratory therapy technician; or (2) The applicant: (a) Is a graduate of an educational program for respiratory therapists or respiratory care technicians which is recognized by the board and accredited by the American Medical Association in collaboration with the Joint Review Committee for Respiratory Therapy Education; and (b) Has passed an examination as provided for in section 9709 . [PL 1985, c. 288, §3 (NEW).] [PL 2007, c. 402, Pt. W, §7 (AMD).]

4. Restrictions. A respiratory care practitioner trainee shall not perform invasive procedures or procedures related to critical respiratory care, including therapeutic, diagnostic and palliative procedures. Respiratory care practitioner trainees shall only perform services under the on-site supervision of a licensed respiratory care practitioner. [PL 1989, c. 450, §45 (NEW).]
32 M.R.S. § 2276-A — ME Code / Title 32 / Chapter 32 / Section 2276-A
32 §2276-A. Telehealth services (REALLOCATED FROM TITLE 32, SECTION 2287)
Status: in_force

(REALLOCATED FROM TITLE 32, SECTION 2287)

1. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Asynchronous encounter" means an interaction between a patient and a person licensed under this chapter through a system that has the ability to store digital information, including, but not limited to, still images, video files, audio files, text files and other relevant data, and to transmit such information without requiring the simultaneous presence of the patient and the person licensed under this chapter. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).] B. "Store and forward transfer" means the transmission of a patient's records through a secure electronic system to a person licensed under this chapter. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).] C. "Synchronous encounter" means a real-time interaction conducted with an interactive audio or video connection between a patient and a person licensed under this chapter or between a person licensed under this chapter and another health care provider. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).] D. "Telehealth services" means health care services delivered through the use of information technology and includes synchronous encounters, asynchronous encounters, store and forward transfers and telemonitoring. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).] E. "Telemonitoring" means the use of information technology to remotely monitor a patient's health status via electronic means, allowing the person licensed under this chapter to track the patient's health data over time. Telemonitoring may be synchronous or asynchronous. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).] [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]

2. Telehealth services permitted. A person licensed under this chapter may provide telehealth services as long as the licensee acts within the scope of practice of the licensee's license, in accordance with any requirements and restrictions imposed by this section and in accordance with standards of practice. [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]

3. Confidentiality. 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, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]

4. Professional responsibility. 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, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]

5. Rulemaking. The board shall adopt rules governing telehealth services by persons licensed under this chapter. These rules must establish standards of practice and appropriate restrictions for the various types and forms of telehealth services. Rules adopted pursuant to this subsection are routine technical rules as defined by Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 291, Pt. B, §5 (NEW); RR 2021, c. 1, Pt. A, §26 (RAL).]
32 M.R.S. § 2295 — ME Code / Title 32 / Chapter 32 / Section 2295
32 §2295. Data system
Status: in_force

This subsection governs the requirements for the data system used by the commission. [PL 2021, c. 324, §2 (NEW).]

1. Data system. The commission shall provide for the development, maintenance and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states. [PL 2021, c. 324, §2 (NEW).]

2. Uniform data set. A member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable using a unique identifier as required by the rules of the commission, including: A. Identifying information; [PL 2021, c. 324, §2 (NEW).] B. Licensure data; [PL 2021, c. 324, §2 (NEW).] C. Adverse actions against a license or compact privilege; [PL 2021, c. 324, §2 (NEW).] D. Nonconfidential information related to alternative program participation; [PL 2021, c. 324, §2 (NEW).] E. Any denial of application for licensure and the reason for the denial; [PL 2021, c. 324, §2 (NEW).] F. Other information that may facilitate the administration of this compact, as determined by the rules of the commission; and [PL 2021, c. 324, §2 (NEW).] G. Current significant investigative information. [PL 2021, c. 324, §2 (NEW).] [PL 2021, c. 324, §2 (NEW).]

3. Availability of investigative information. Current significant investigative information and other investigative information pertaining to a licensee in any member state may be available only to other member states. [PL 2021, c. 324, §2 (NEW).]

4. Notification of adverse action. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state must be available to any other member state. [PL 2021, c. 324, §2 (NEW).]

5. Designation of nonpublic information. A member state contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing member state. [PL 2021, c. 324, §2 (NEW).]

6. Expungement of information. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system. [PL 2021, c. 324, §2 (NEW).]
32 M.R.S. § 13758 — ME Code / Title 32 / Chapter 117 / Section 13758
32 §13758. Licensure
Status: in_force

1. Purpose; statement of intent. The purpose of this section is to require licensure of manufacturers and wholesalers within or outside the State. The intent of the Legislature is that the board may not adopt rules regarding companies without wholesale facilities or manufacturers' facilities located in this State that are more restrictive than federal law or regulation. [PL 2007, c. 402, Pt. DD, §28 (AMD).]

2. Licensure, manufacturers and wholesalers. All manufacturers and wholesalers whose products are distributed in the State in any manner must be licensed by the board. [PL 2007, c. 402, Pt. DD, §28 (AMD).]

3. Licensure, individuals. An individual who is employed by a manufacturer or wholesaler that is licensed under this subchapter need not obtain licensure under this subchapter. [PL 2007, c. 402, Pt. DD, §28 (AMD).]

4. Form. License forms must state: Applicant's name; address; day phone; 24-hour phone; ownership status; manufacturer or wholesaler designation; Drug Enforcement Agency and Federal Drug Administration numbers; and date executed. License forms must be executed by an owner or officer of the entity, providing printed name and title. [PL 2007, c. 402, Pt. DD, §28 (AMD).]

5. Fees. Each licensee shall pay a fee as set under section 13724 . [PL 2007, c. 402, Pt. DD, §28 (AMD).]

6. Violations. It is unlawful for manufacturers or wholesale companies to distribute prescription drugs in this State unless licensed under the provisions of this subchapter or subchapter 5 . [PL 2007, c. 402, Pt. DD, §28 (AMD).]
32 M.R.S. § 2257 — ME Code / Title 32 / Chapter 31 / Section 2257
32 §2257. Title and abbreviation
Status: in_force

An individual who holds a current license to practice as a licensed practical nurse in this State has the right to use the title "Licensed Practical Nurse" and abbreviation "L.P.N." No other individual may assume that title or use that abbreviation or other words, letters, signs or figures to indicate that the individual using the same is a licensed practical nurse. [PL 1993, c. 600, Pt. A, §136 (AMD).]
32 M.R.S. § 13272 — ME Code / Title 32 / Chapter 114 / Section 13272
32 §13272. Scope of agency
Status: in_force

A real estate brokerage agency that provides services through a brokerage agreement for a client is bound by the duties of loyalty, obedience, disclosure, confidentiality, reasonable care, diligence and accounting as set forth in this chapter. Such a real estate brokerage agency may be a seller agent, a buyer agent, a subagent or a disclosed dual agent. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).]
32 M.R.S. § 9411-A — ME Code / Title 32 / Chapter 93 / Section 9411-A
32 §9411-A. Refusal to renew; suspension; revocation; reapplication
Status: in_force

1. Refusal to renew; suspension; revocation. The commissioner may refuse to renew a license, after a hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375, subchapter IV . The District Court may suspend or revoke the license of any person licensed under this chapter. The commissioner may refuse to renew a license and the District Court may suspend or revoke a license on any one or more of the following grounds. A. The application, any documents made a part of the application, any notice or any statement filed with the commissioner contained a material misstatement. [PL 1987, c. 170, §14 (NEW).] B. The licensee becomes ineligible to hold a license under this chapter. Ineligibility is determined on the basis of the criteria contained in section 9405 . [PL 1987, c. 170, §14 (NEW).] C. The licensee fails to comply with the requirements of section 9405, subsection 1‑A, paragraph F , subparagraph (6). [PL 1987, c. 170, §14 (NEW).] D. The licensee has knowingly employed as a security guard, or has knowingly kept as an employee, any natural person who does not meet the requirements of section 9410‑A, subsection 1 . [PL 1987, c. 170, §14 (NEW).] E. The licensee fails to comply with the requirements of section 9410‑A, subsection 2 , 3 or 4 . [PL 1987, c. 170, §14 (NEW).] F. The licensee fails to comply with any of the rules promulgated by the commissioner under this chapter. [PL 1987, c. 170, §14 (NEW).] G. The licensee has knowingly encouraged or allowed any employee to violate section 9412, subsection 4 , 5 or 6 . [PL 1987, c. 170, §14 (NEW).] [PL 1987, c. 170, §14 (NEW); PL 1999, c. 547, Pt. B, §78 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF).]

2. Reapplication. No person, otherwise eligible, whose license the commissioner has refused to renew or who has had a license revoked, is eligible for reapplication until the expiration of 5 years from the date of refusal to renew or revocation. [PL 1987, c. 170, §14 (NEW).]
32 M.R.S. § 2156 — ME Code / Title 32 / Chapter 31 / Section 2156
32 §2156. Disposition of funds
Status: in_force

All money received by the board under this chapter must be paid to the Treasurer of State. The Treasurer of State shall place the money to the credit of the State Board of Nursing Fund. All amounts paid into this fund must be held subject to the order of the board to be used only for the expenses incurred in the performance of the purpose of this chapter and the duties imposed by it as well as the promotion of nursing education and standards of nursing care in this State. [PL 1993, c. 600, Pt. A, §125 (AMD).]
32 M.R.S. § 1732 — ME Code / Title 32 / Chapter 26-A / Section 1732
32 §1732. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1989, c. 849, §1 (NEW).]

1. Agency. [PL 1995, c. 656, Pt. A, §7 (RP).]

1-A. Department. "Department" means the Department of Environmental Protection. [PL 1995, c. 656, Pt. A, §8 (NEW).]

1-B. Alternative. "Alternative" means a substitute process, product, material, chemical, strategy or combination of these that serves a functionally equivalent purpose to a chemical in a package or packaging component. [PL 2019, c. 277, §2 (NEW).]

1-C. Chemical. "Chemical" means a substance with a distinct molecular composition or a group of structurally related substances and includes the breakdown products of the substance or substances that form through decomposition, degradation or metabolism. [PL 2019, c. 277, §2 (NEW).]

2. Distributor. "Distributor" means any person, firm or corporation that sells a packaged product to a retailer in this State or any person, firm or corporation that receives a shipment or consignment of, or in any other manner acquires, packaged products outside the State for sale to consumers in the State. [PL 1989, c. 849, §1 (NEW).]

2-A. Incidental presence. "Incidental presence" means the presence of a regulated metal or other regulated chemical as an unintended or undesired ingredient of a package or packaging component. [PL 2019, c. 277, §2 (AMD).]

2-B. Intentional introduction. "Intentional introduction" means the act of deliberately using a regulated metal or other regulated chemical in the formation of a package or packaging component when its continued presence is desired in the final package or packaging component to provide a specific characteristic, appearance or quality. The use of a regulated metal or other regulated chemical as a processing agent or intermediate to impart certain chemical or physical changes during manufacturing, when the incidental retention of a residue of the metal or chemical in the final package or packaging component is neither desired nor deliberate, is not considered intentional introduction for the purposes of this chapter. The use of recycled materials as feedstock for the manufacture of new packaging materials, when a portion of the recycled materials may contain amounts of the regulated metals or other regulated chemicals, is not considered intentional introduction for the purposes of this chapter when the new package or packaging component is in compliance with section 1733 . [PL 2019, c. 277, §2 (AMD).]

2-C. Food package. "Food package" means a package that is designed for direct food contact. "Food package" includes, but is not limited to, a food or beverage product that is contained in a food package or to which a food package is applied, a packaging component of a food package and plastic disposable gloves used in commercial or institutional food service. [PL 2019, c. 277, §2 (NEW).]

3. Manufacturer. "Manufacturer" means any person that manufactures a package or packaging component. [PL 2019, c. 277, §2 (AMD).]

4. Package. "Package" means a container used in marketing, protecting or handling a product. "Package" includes a unit package and a shipping container defined by the American Society for Testing and Materials in its annual book of standards as ASTM, D996; a food package; and unsealed receptacles such as carrying cases, crates, cups, pails, rigid foil and other trays, wrappers and wrapping films, bags and tubs. [PL 2019, c. 277, §2 (AMD).]

5. Packaging component. "Packaging component" means any individual assembled part of a package such as, but not limited to, any interior or exterior blocking, bracing, cushioning, weatherproofing, exterior strapping, coatings, closures, inks and labels. Tin-plated steel that meets the American Society for Testing and Materials specification A-623 must be considered as a single package component. Electrogalvanized coated steel and hot-dipped coated galvanized steel that meets the American Society for Testing and Materials specifications A-525 and A-879 must be treated in the same manner as tin-plated steel. [PL 1995, c. 184, §2 (AMD).]

5-A. Perfluoroalkyl and polyfluoroalkyl substances; PFAS. "Perfluoroalkyl and polyfluoroalkyl substances" or "PFAS" means any member of the class of fluorinated organic chemicals containing at least one fully fluorinated carbon atom. [PL 2019, c. 277, §2 (NEW).]

5-B. Phthalates. "Phthalates" means any member of the class of organic chemicals that are esters of phthalic acid and that contain 2 carbon chains located in the ortho position. [PL 2019, c. 277, §2 (NEW).]

5-C. Safer alternative. "Safer alternative" means an alternative that, when compared to a chemical that it could replace, would reduce the potential for harm to human health or the environment or that has not been shown to pose the same or greater potential for harm to human health or the environment as that chemical. [PL 2019, c. 277, §2 (NEW).]

6. Supplier. "Supplier" means any person, firm or corporation that sells packages or packaging components to a distributor. [PL 1989, c. 849, §1 (NEW).]
32 M.R.S. § 3814 — ME Code / Title 32 / Chapter 56 / Section 3814
32 §3814. Penalties for unlicensed practice
Status: in_force

Persons who hold themselves out to the public as psychologists or psychological examiners or engage in psychological practice as defined in this chapter and do not then possess in full force valid licenses to practice as psychological examiners or psychologists under this chapter are subject to the provisions of Title 10, section 8003‑C . A person who engages in the practice of a psychological examiner or psychologist without a license under this chapter has engaged in an unfair trade practice in violation of Title 5, chapter 10 . [PL 2021, c. 233, §1 (AMD); PL 2021, c. 233, §6 (AFF).]
32 M.R.S. § 13795 — ME Code / Title 32 / Chapter 117 / Section 13795
32 §13795. Photographic proof of identification; discretion to sell or dispense; immunity
Status: in_force

1. Photographic proof of identification. As a precondition to filling any prescription, dispensing any drug or selling any targeted methamphetamine precursor, a pharmacist or person acting at the direction of a pharmacist may demand, inspect and record proof of identification, including valid photographic identification, from any patient presenting a prescription or any person acting on behalf of the patient or person purchasing a targeted methamphetamine precursor. Valid photographic identification includes but is not limited to the following: A. A valid Maine motor vehicle operator's license; [PL 1995, c. 175, §1 (NEW).] B. A valid Maine identification card issued under Title 29‑A, section 1410 ; [PL 1997, c. 437, §46 (AMD).] C. A valid United States passport; [PL 1995, c. 175, §1 (NEW).] D. A valid passport, motor vehicle operator's license of another state, territory, possession or foreign country or official identification card issued by the United States Government only if it: (1) Contains a photograph of the person presenting the identification; (2) Is encased in tamper-resistant plastic or otherwise possesses indicia of tamper-resistance; and (3) Identifies the person's date of birth; or [PL 2005, c. 430, §7 (AMD); PL 2005, c. 430, §10 (AFF).] E. Other valid, tamper-resistant, photographic identification as provided in rules adopted by the board pursuant to section 13722, subsection 1, paragraph A and in accordance with Title 5, chapter 375 . [PL 1997, c. 245, §17 (AMD).] [PL 2005, c. 430, §7 (AMD); PL 2005, c. 430, §10 (AFF).]

2. Refusal to fill prescription, dispense drug or sell targeted methamphetamine precursor; law enforcement reporting. A pharmacist or person acting at the direction of a pharmacist may exercise discretion and refuse to fill any prescription, dispense any drug or sell any targeted methamphetamine precursor if unsatisfied as to the legitimacy or appropriateness of any prescription presented, the validity of any photographic identification or the identity of any patient presenting a prescription or any person acting on behalf of the patient, or the intention of the customer to use the drug or targeted methamphetamine precursor according to the instructions for use. A pharmacist or person acting at the direction of a pharmacist may make a report to a law enforcement agency when that person has reasonable cause to suspect that a prescription is not legitimate or appropriate, that a person has presented photographic identification that is not valid or that a customer has the intention to use a drug or targeted methamphetamine precursor in a manner inconsistent with the instructions for use. [PL 2005, c. 430, §7 (AMD); PL 2005, c. 430, §10 (AFF).]

3. Immunity; presumption of good faith. A pharmacist or person acting at the direction of a pharmacist who in good faith and pursuant to subsection 2 refuses to fill any prescription, dispense any drug or sell any targeted methamphetamine precursor or who makes a report to a law enforcement agency is immune from any civil liability that might otherwise result from that action, including, but not limited to, any civil liability that might otherwise arise under state or local laws or rules regarding confidentiality of information. In a proceeding regarding immunity from liability, there is a rebuttable presumption of good faith. [PL 2005, c. 430, §7 (NEW); PL 2005, c. 430, §10 (AFF).]

4. Record keeping. With regard to purchases of targeted methamphetamine precursors, a pharmacy may keep a log of information about the purchaser, which may include name, date of birth, address and amount of targeted methamphetamine precursors purchased. [PL 2005, c. 430, §7 (NEW); PL 2005, c. 430, §10 (AFF).]

5. Rulemaking. The Commissioner of Health and Human Services may adopt rules to implement this subsection. Rules adopted pursuant to this subsection are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . A. If the Director of the Maine Drug Enforcement Agency within the Department of Public Safety finds that the ease of availability of liquid, liquid-filled capsule or glycerin matrix forms of products containing ephedrine, pseudoephedrine or phenylpropanolamine or their salts, isomers or salts of isomers, either alone or in combination with other ingredients, referred to in this paragraph as "products," is a threat to the public health, safety and welfare, then the Director of the Maine Drug Enforcement Agency shall notify the Commissioner of Health and Human Services. The Commissioner of Health and Human Services shall consult with the joint standing committee of the Legislature having jurisdiction over health and human services matters, providing the reasons for undertaking rulemaking, and may, after consultation, adopt rules designating the products as targeted methamphetamine precursors pursuant to section 13702‑A, subsection 33, paragraph B . [PL 2011, c. 657, Pt. AA, §84 (AMD).] B. If the Director of the Maine Drug Enforcement Agency finds that sales of targeted methamphetamine precursors that are made without verifying the identity of the purchaser pose a threat to public health, safety and welfare, then the Director of the Maine Drug Enforcement Agency shall notify the Commissioner of Health and Human Services. The Commissioner of Health and Human Services shall consult with the joint standing committee of the Legislature having jurisdiction over health and human services matters, providing the reasons for undertaking rulemaking, and may, after consultation, adopt rules requiring a person making a sale of a targeted methamphetamine precursor pursuant to section 13796 to demand from the purchaser and to inspect and record prior to the sale proof of identification, including valid photographic identification, and to keep a log of sales. [PL 2011, c. 657, Pt. AA, §84 (AMD).] [PL 2011, c. 657, Pt. AA, §84 (AMD).]
32 M.R.S. § 2256 — ME Code / Title 32 / Chapter 31 / Section 2256
32 §2256. Licensed practical nurse; fees
Status: in_force

Every applicant applying for a license to practice as a licensed practical nurse shall pay a fee to the board as follows:

1. Examination. For examination, a fee not to exceed $100 payable on application; [PL 1993, c. 600, Pt. A, §135 (AMD).]

2. Reexamination. For reexamination, a fee to be determined by the board not to exceed $100; and [PL 1993, c. 600, Pt. A, §135 (AMD).]

3. Endorsement. For endorsement, a fee not to exceed $100 payable on application. [PL 1993, c. 600, Pt. A, §135 (AMD).]
32 M.R.S. § 14053 — ME Code / Title 32 / Chapter 125 / Section 14053
32 §14053. Registration process requirements
Status: in_force

1. Statement. Except as otherwise provided in this section, each employee leasing company required to be registered under section 14052 shall provide the superintendent with information required by the superintendent on forms that the superintendent specifies. The superintendent may require registration through the nationwide mortgage licensing system and registry as defined in Title 9‑A, section 13‑102, subsection 8 . The superintendent is authorized to participate in the nationwide mortgage licensing system and registry. The superintendent shall, at a minimum, require employee leasing companies to provide the following information: A. The name or names under which the registrant conducts business; [PL 1991, c. 468, §4 (NEW).] B. The address of the principal place of business of the employee leasing company and the address of each office it maintains in this State; [PL 1991, c. 468, §4 (NEW).] C. The employee leasing company's taxpayer or employer identification number; [PL 1991, c. 468, §4 (NEW).] D. A list by jurisdiction of each name under which the employee leasing company has operated in the preceding 5 years, including any alternative names, names of predecessors and, if known, successor business entities; [PL 1991, c. 468, §4 (NEW).] E. A list of all persons or entities that own a 5% or greater interest in the employee leasing company at the time of application and a list of persons who formerly owned a 5% or greater interest in the employee leasing company or its predecessors in the preceding 5 years; and [PL 1995, c. 618, §20 (AMD).] F. A list of the cancellations or nonrenewals of workers' compensation insurance issued to the employee leasing company or its predecessors in the preceding 5 years. The list must include the policy or certificate numbers, names of insurers or other providers of coverage, dates of cancellation and reasons for cancellation. If coverage has not been canceled or has been renewed, the registration must include a sworn affidavit signed by the chief executive officer of the employee leasing company attesting to that fact. [PL 1991, c. 468, §4 (NEW).] [PL 2021, c. 245, Pt. D, §27 (AMD).]

1-A. Registration process authorized. 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 superintendent may establish, by rule, requirements for registration, 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, §27 (NEW).] B. The payment of fees to apply for or renew registrations, except that the fee for an initial application may not exceed $1,000 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, §27 (NEW).] C. The setting or resetting as necessary of any renewal or reporting dates; and [PL 2021, c. 245, Pt. D, §27 (NEW).] D. Other requirements for application for, amendment of or revocation of a registration or any other such activities as the superintendent considers necessary. [PL 2021, c. 245, Pt. D, §27 (NEW).] Fees provided for by this chapter are appropriated for the use of the Bureau of Consumer Credit Protection. Any balance of these funds does not lapse but must be carried forward to be expended for the same purpose in the following year. [PL 2021, c. 245, Pt. D, §27 (NEW).]

2. Renewal. [PL 2021, c. 245, Pt. D, §27 (RP).]

3. List. The superintendent shall maintain a list of employee leasing companies registered under this chapter. [PL 1997, c. 29, §1 (AMD).]

4. Forms. The superintendent may prescribe forms necessary to promote the efficient administration of this section. [PL 1997, c. 29, §1 (AMD).]

5. Existing companies. [PL 1995, c. 618, §20 (RP).]

Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2021, c. 245, Pt. D, §27 (NEW).]
32 M.R.S. § 14238 — ME Code / Title 32 / Chapter 126 / Section 14238
32 §14238. Fees
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 licensure of a school may not exceed $500 and the fee for any other purpose may not exceed $100. Rules adopted pursuant to the section are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 402, Pt. HH, §26 (NEW); PL 2011, c. 286, Pt. B, §5 (REV).]

1. Fees. [PL 2007, c. 402, Pt. H, §26 (RP).]

2. Investigation; enforcement duties. [PL 1995, c. 397, §123 (RP).]
32 M.R.S. § 1358 — ME Code / Title 32 / Chapter 19 / Section 1358
32 §1358. Exemptions from expiration and renewal fees
Status: in_force

A person holding a valid license under this chapter on the date of entering employment in the Armed Forces of the Government of the United States during a period of war or employment in any wartime service outside of the continental United States, governmental or otherwise, under the United States or any of its allied nations is exempt, for the duration of that employment, from the payment of all renewal fees, and the licensee's license remains in full force until the next regular renewal date following the termination of that employment. [PL 2005, c. 315, §25 (AMD).]
32 M.R.S. § 1231-A — ME Code / Title 32 / Chapter 18 / Section 1231-A
32 §1231-A. Licensure requirements
Status: in_force

1. Licensure requirements. Except as provided in section 1233‑A , the department shall issue a license to any person under this chapter who: A. Is at least 17 years of age; [PL 1991, c. 416, §3 (NEW).] B. Has a high school diploma or its equivalent; and [PL 1991, c. 416, §3 (NEW).] C. Passes an inspection under section 1243 within 60 days before the license is issued. [PL 2013, c. 264, §9 (AMD).] [PL 2021, c. 125, §19 (AMD).]

2. Exemption. A person who has a valid electrology license from the department as of January 1, 1991 is exempt from the requirements of subsection 1 . [PL 1991, c. 416, §3 (NEW).]

3. Reciprocity. Except as provided in section 1233‑A and notwithstanding the requirements of subsection 1 , the department shall issue a license to any applicant under this chapter who provides the department with evidence that the applicant has 3 years of experience as an electrologist in another state. That proof must consist of notarized copies of the license or registration issued by the state where the applicant last practiced electrology. [PL 2021, c. 125, §19 (AMD).]
32 M.R.S. § 12252 — ME Code / Title 32 / Chapter 113 / Section 12252
32 §12252. Licenses; accounting firms
Status: in_force

1. Licensure. The board shall grant or renew a license to accounting firms that submit the application required by the board, pay the fee as set under section 12203 and demonstrate their qualifications in accordance with this section. A. A firm must hold a license issued under this section if it: (1) Has an office in this State performing any of the services described in section 12201, subsection 3‑A, paragraphs A to D ; (2) Has an office in this State that uses the title "CPA" or "CPA firm"; or (3) Does not have an office in this State but performs any of the services described in section 12201, subsection 3‑A, paragraph A , C or D for a client having its home office in this State unless: (a) It qualifies for a firm license pursuant to subsections 3 and 8 and it performs such services through an individual with practice privileges under section 12232 ; or (b) It meets the requirements of section 12253 . [PL 2021, c. 68, §2 (AMD).] B. A firm that does not have an office in this State may perform services described in section 12201, subsection 3‑A, paragraph B or F for a client having its home office in this State and may use the title "CPA" or "CPA firm" without a license issued under this section only if: (1) It qualifies for a firm license pursuant to subsections 3 and 8 and it performs such services through an individual with practice privileges under section 12232 ; or (3) It meets the requirements of section 12253 . [PL 2021, c. 68, §2 (AMD).] C. A firm that is not subject to the requirements of paragraphs A and B may perform professional services other than those described in section 12201, subsection 3‑A while using the title "CPA" or "CPA firm" in this State without a license issued under this section only if the firm meets the requirements of section 12253 or: (1) Performs such services through an individual with practice privileges under section 12232 ; and (2) Has legal authority to perform such services in the state of that individual's principal place of business. [PL 2021, c. 68, §2 (AMD).] [PL 2021, c. 68, §2 (AMD).]

2. Duration. A license expires on the date set by the Commissioner of Professional and Financial Regulation pursuant to Title 10, section 8003, subsection 4 for the licensing period for which the license was issued. A license may be renewed upon receipt of an application for renewal and payment of the renewal fee as set under section 12203 . Licenses may be renewed up to 90 days after the date of expiration upon payment of a late fee in addition to the renewal fee as set under section 12203 . Any firm that submits an application for renewal more than 90 days after the expiration date is subject to all requirements governing new applicants under this chapter. The board in its discretion, giving due consideration to the protection of the public, may waive any requirements if that renewal application is made within 2 years from the date of that expiration. [PL 2009, c. 242, §21 (AMD).]

3. Firm licenses. The following provisions apply to the issuance of firm licenses. A. An applicant for initial issuance or renewal of a license under this section shall show that a simple majority of the ownership of the firm, in terms of financial interests and voting rights of all partners, officers, shareholders, members or managers, belongs to certified public accountants or public accountants who are licensed in a state and that all partners, officers, shareholders, members or managers whose principal place of business is in this State and who perform professional services in this State hold valid individual licenses issued by the board. Firms may include nonlicensee owners in accordance with paragraph B . [PL 2009, c. 242, §21 (AMD).] B. A certified public accountancy firm or public accountancy firm may include nonlicensee owners as long as: (1) All nonlicensee owners are individuals who actively participate in the certified public accountancy firm or public accountancy firm or an affiliated entity; (2) The firm complies with such other requirements as the board may impose by rule; and (3) The firm designates an individual who is a licensee of this State or, in the case of a firm that must have a license pursuant to subsection 1, paragraph A , subparagraph (3), designates an individual who is a licensee of another state who meets the requirements set out in section 12232, subsection 1 who is responsible for the proper licensure of the firm and identifies that individual who is a licensee to the board. [PL 2015, c. 110, §9 (AMD).] [PL 2015, c. 110, §9 (AMD).]

4. Office licensed. An applicant for initial issuance or renewal of a license under this section shall license each office of the firm within this State with the board, pay the fee as set under section 12203 and show that each such office is under the charge of a person holding a valid license issued under section 12230 or 12231 or a corresponding provision of prior law or the laws of another state. [PL 2009, c. 242, §21 (AMD).]

5. Fees. [PL 2007, c. 402, Pt. Z, §17 (RP).]

6. Change in composition. A licensed firm shall notify the board in writing, within 30 days after its occurrence, of any change in the identities of partners, officers or shareholders who work regularly within this State, any change in the number or location of offices within this State or any change in the identity of the persons in charge of those offices. [PL 2009, c. 242, §21 (AMD).]

7. Adjudicatory hearing. [PL 2007, c. 402, Pt. Z, §17 (RP).]

8. Peer review for certified public accountancy firms. As a condition to the granting or renewal of licenses to certified public accountancy firms, each applicant that provides an attest service other than compilations must successfully participate in an approved peer review program. Participation in such a program is governed by the following. A. A peer review must be completed within 18 months after the initial granting of the license. The firm must undergo a peer review every 3 years for as long as it provides an attest service other than compilations. [PL 2015, c. 110, §10 (AMD).] B. A certified public accountancy firm that does not provide an attest service other than compilations is not required to undergo a peer review if the firm annually confirms in writing to the board that it does not provide an attest service other than compilations. A certified public accountancy firm that subsequently provides an attest service other than compilations must undergo a peer review within 18 months after the fiscal year end of the first attest services engagement other than compilations that it accepts. [PL 2015, c. 110, §10 (AMD).] The board is authorized to adopt rules to carry out the intent of this subsection. Rules adopted pursuant to this subsection are routine technical rules pursuant to Title 5, chapter 375, subchapter 2‑A . [PL 2015, c. 110, §10 (AMD).]
32 M.R.S. § 13273 — ME Code / Title 32 / Chapter 114 / Section 13273
32 §13273. Seller agent
Status: in_force

1. Duty to seller. A seller agent: A. Shall perform the terms of the brokerage agreement made with the seller; [PL 1993, c. 679, §1 (NEW).] B. Shall promote the interests of the seller by exercising agency duties as set forth in section 13272 including: (1) Seeking a sale at the price and terms stated in the brokerage agreement or at a price and terms acceptable to the seller except that the seller agent is not obligated to seek additional offers to purchase the property while the property is subject to a contract of sale unless the brokerage agreement so provides; (2) Presenting in a timely manner all offers to and from the seller, even when the property is subject to a contract of sale; (3) Disclosing to the seller material facts of which the seller agent has actual knowledge or if acting in a reasonable manner should have known concerning the transaction, except as directed in section 13280 ; (4) Advising the seller to obtain expert advice on material matters that are beyond the expertise of the seller agent; and (5) Accounting in a timely manner for all money and property received in which the seller has or may have an interest; [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] C. Shall exercise reasonable skill and care; [PL 1993, c. 679, §1 (NEW).] D. Shall comply with all requirements of the laws governing real estate commission brokerage licenses and any rules adopted by the commission; [PL 1993, c. 679, §1 (NEW).] E. Shall comply with any applicable federal, state or local laws, rules, regulations or ordinances related to real estate brokerage including fair housing and civil rights laws or regulations; [PL 1993, c. 679, §1 (NEW).] F. Has an obligation to preserve confidential information provided by the seller during the course of the relationship that might have a negative impact on the seller's real estate activity unless: (1) The seller to whom the information pertains grants consent to disclose the information; (2) Disclosure of the information is required by law; (3) The information is made public or becomes public by the words or conduct of the seller to whom the information pertains or from a source other than the seller agent; or (4) Disclosure is necessary to defend the seller agent against an accusation of wrongful conduct in a judicial proceeding before the commission or before a professional committee; and [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] G. Must be able to promote alternative properties not owned by the seller to prospective buyers as well as list competing properties for sale without breaching any duty to the client. [PL 1993, c. 679, §1 (NEW).] [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).]

2. Duty to buyer. The duty of a seller agent to a buyer is governed by the following. A. A seller agent shall treat all prospective buyers honestly and may not knowingly give false information and shall disclose in a timely manner to a prospective buyer all material defects pertaining to the physical condition of the property of which the seller agent knew or, acting in a reasonable manner, should have known. A seller agent is not liable to a buyer for providing false information to the buyer if the false information was provided to the seller agent by the seller agent's client and the seller agent did not know or, acting in a reasonable manner, should not have known that the information was false. A seller agent is not obligated to discover latent defects in the property. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] B. Nothing in this subchapter precludes the obligation of a buyer to inspect the physical condition of the property. A cause of action may not arise on behalf of any person against a seller agent for revealing information in compliance with this subchapter. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] C. A seller agent may provide assistance to the buyer by performing ministerial acts such as preparing offers and conveying those offers to the seller and providing information and assistance concerning professional services not related to real estate brokerage services. Performing ministerial acts for the buyer may not be construed as violating the seller agent's agreement with the seller or forming a brokerage agreement with the buyer. Performing ministerial acts for the buyer does not make the seller agent a transaction broker for the buyer. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).]
32 M.R.S. § 19604 — ME Code / Title 32 / Chapter 151 / Section 19604
32 §19604. Professional responsibility
Status: in_force

All laws and rules governing professional responsibility, unprofessional conduct and generally accepted standards of practice that apply to a licensee also apply to that licensee while providing telehealth services. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 6168 — ME Code / Title 32 / Chapter 80 / Section 6168
32 §6168. Required disclosures; risks of using virtual currency kiosks
Status: in_force

Before entering into a virtual currency kiosk transaction for, on behalf of or with a person, a virtual currency kiosk operator shall disclose in a clear, conspicuous and easily readable manner all material risks generally associated with virtual currency kiosk transactions, including the risk of fraud or loss and the exchange rates charged by the virtual currency kiosk operator for the purchase and sale of the virtual currency involved in the transaction. [PL 2025, c. 285, §2 (NEW).]
32 M.R.S. § 18445 — ME Code / Title 32 / Chapter 143 / Section 18445
32 §18445. Legislative intent
Status: in_force

This compact is the Maine enactment of the Dentist and Dental Hygienist Compact. The form, format and text of the compact have been changed minimally so as to conform to Maine statutory conventions. The changes are technical in nature, and it is the intent of the Legislature that this compact be interpreted as substantively the same as the Dentist and Dental Hygienist Compact that is enacted by other participating states. [PL 2023, c. 664, §1 (NEW).]
32 M.R.S. § 4178 — ME Code / Title 32 / Chapter 62 / Section 4178
32 §4178. Application
Status: in_force

This chapter applies to all operators and operators in responsible charge and any wastewater treatment plant that is used to meet the requirements of a state pollutant discharge elimination system permit or waste discharge license under Title 38, section 413 . [PL 2021, c. 173, §15 (AMD).]
32 M.R.S. § 19201 — ME Code / Title 32 / Chapter 151 / Section 19201
32 §19201. Members of State Board of Optometry: appointment; tenure; vacancies; removal
Status: in_force

The State Board of Optometry, as established by Title 5, section 12004‑A, subsection 28 , consists of 6 individuals appointed by the Governor. Five of the appointees must be licensed therapeutic advanced glaucoma optometrists engaged in the actual practice of optometry in this State for a period of at least 5 years prior to their appointment. One of the appointees must be a consumer member who is a resident of this State and has no pecuniary interest in optometry or in the merchandising of optical products. Appointment is for a term of 5 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. The board has a common seal. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 1353 — ME Code / Title 32 / Chapter 19 / Section 1353
32 §1353. Application; fees
Status: in_force

Application for licensure as a professional engineer or certification as an engineer-intern must be made on a form prescribed by the board, contain statements made under oath showing the applicant's education and a detailed summary of the applicant's technical experience and contain references as set forth in section 1352‑A , none of which may be from members of the board. An applicant who fails to complete the application process within 5 years must reapply to the board, meet qualification requirements that are in effect at the time of the new application and submit updated documentation of engineering work experience. An applicant reapplying for licensure as a professional engineer must submit 5 references, 3 of which must be from licensed professional engineers as set forth in section 1352‑A and be current at the time of the new application. An applicant reapplying for certification as an engineer-intern must submit 3 references that are current at the time of the new application. An application fee may be established by rule by the board in an amount that is reasonable and necessary for its purpose. [PL 2021, c. 505, §2 (AMD).]

The licensure fee for professional engineers must be established by rule by the board in an amount not to exceed $200. [PL 2005, c. 315, §21 (AMD).]

The fee for engineer-intern certification or enrollment must be established by rule by the board in an amount not to exceed 1/2 of the licensure fee for professional engineers. [PL 2005, c. 315, §21 (AMD).]
32 M.R.S. § 2102 — ME Code / Title 32 / Chapter 31 / Section 2102
32 §2102. Definitions
Status: in_force

As used in this chapter, unless the context indicates otherwise, the following words have the following meanings. [PL 1993, c. 600, Pt. A, §109 (AMD).]

1. Board. "Board" means the State Board of Nursing.

2. Professional nursing. The practice of "professional nursing" means the performance by a registered professional nurse for compensation of professional services defined as follows: A. Diagnosis and treatment of human responses to actual or potential physical and emotional health problems through such services as case finding, health teaching, health counseling and provision of care supportive to or restorative of life and well-being and execution of the medical regimen as prescribed by a legally authorized licensed professional acting within the scope of the licensed professional's authority to prescribe medications, substances or devices or otherwise legally authorized individual acting under the delegated authority of a legally authorized licensed professional acting within the scope of the licensed professional's authority to prescribe medications, substances or devices: (1) "Diagnosis" in the context of nursing practice means that identification of and discrimination between physical and psychosocial signs and symptoms essential to effective execution and management of the nursing regimen. This diagnostic privilege is distinct from medical diagnosis; (2) "Human responses" means those signs, symptoms and processes that denote the individual's health needs or reaction to an actual or potential health problem; and (3) "Treatment" means selection and performance of those therapeutic measures essential to the effective management and execution of the nursing regimen; [PL 2013, c. 540, §1 (AMD); PL 2013, c. 540, §2 (AFF).] B. [PL 1995, c. 379, §3 (RP); PL 1995, c. 379, §11 (AFF).] C. Delegation of selected nursing services to licensed practical nurses when the services use standardized protocols and procedures leading to predictable outcomes in the observation and care of the ill, injured and infirm; in the maintenance of health; in action to safeguard life and health; and in the administration of medications and treatments prescribed by an individual authorized by state law to prescribe. The board shall issue such rules concerning delegation as it considers necessary to ensure quality health care to the patient; [PL 1993, c. 600, Pt. A, §110 (AMD).] D. Delegation of selected nursing services to assistants to nurses who have completed or are currently enrolled in a course sponsored by a state-approved facility or a facility licensed by the Department of Health and Human Services. This course must include a curriculum approved by the board. The board shall issue such rules concerning delegation as it considers necessary to ensure quality of health care to the patient; [PL 1995, c. 625, Pt. B, §11 (AMD); PL 2003, c. 689, Pt. B, §6 (REV).] E. Supervision and teaching of nursing personnel; [PL 1985, c. 724, §2 (RPR).] F. Administration of medications and treatment as prescribed by a legally authorized individual. Nothing in this section may be construed as limiting the administration of medication by licensed or unlicensed personnel as provided in other laws; [PL 1995, c. 670, Pt. C, §4 (AMD); PL 1995, c. 670, Pt. D, §5 (AFF).] G. Teaching activities of daily living to care providers designated by the patient and family; and [PL 1995, c. 670, Pt. C, §5 (AMD); PL 1995, c. 670, Pt. D, §5 (AFF).] H. Delegation of specific nursing activities and tasks to be provided by unlicensed assistive personnel. This paragraph may not be construed to require a nurse to delegate, or permit a person to coerce a nurse into delegating, specific nursing activities and tasks in any care setting against the nurse's professional judgment or to prohibit a nurse in the exercise of the nurse's professional judgment from refusing to delegate specific nursing activities and tasks in any care setting. The board shall adopt such rules concerning delegation as it considers necessary to ensure access to quality health care for the patient. Rules adopted pursuant to this paragraph are major substantive rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 592, §1 (RPR).] [PL 2023, c. 592, §1 (AMD).]

2-A. Advanced practice registered nursing. "Advanced practice registered nursing" means the delivery of expanded professional health care by an advanced practice registered nurse that is: A. [PL 2003, c. 204, Pt. H, §1 (RP).] B. Within the advanced practice registered nurse's scope of practice as specified by the board by rulemaking, taking into consideration any national standards that exist; and [PL 1995, c. 379, §4 (NEW); PL 1995, c. 379, §11 (AFF).] C. In accordance with the standards of practice for advanced practice registered nurses as specified by the board by rulemaking, taking into consideration any national standards that may exist. Advanced practice registered nursing includes consultation with or referral to medical and other health care providers when required by client health care needs. [PL 1995, c. 379, §4 (NEW); PL 1995, c. 379, §11 (AFF).] A certified nurse practitioner or a certified nurse midwife who qualifies as an advanced practice registered nurse may prescribe and dispense drugs or devices, or both, in accordance with rules adopted by the board. A certified nurse practitioner who qualifies as an advanced practice registered nurse must practice, for at least 24 months, under the supervision of a licensed physician or a supervising nurse practitioner or must be employed by a clinic or hospital that has a medical director who is a licensed physician. The certified nurse practitioner shall submit written evidence to the board upon completion of the required clinical experience. The board shall adopt rules necessary to effectuate the purposes of this chapter relating to advanced practice registered nursing. [PL 2007, c. 316, §1 (AMD).]

3. Practical nursing. The practice of "practical nursing" means performing tasks and responsibilities, by a licensed practical nurse, for compensation within a structured health care setting, reinforcing the patient and family teaching program through health teaching, health counseling and provision of supportive and restorative care, under the direction of a registered nurse or licensed or otherwise legally authorized physician, podiatrist or dentist. [PL 1991, c. 731, §2 (AMD).]

4. License. A "license" is an authorization to practice nursing as a professional nurse, practical nurse or advanced practice registered nurse. [PL 2007, c. 498, §1 (AMD); PL 2007, c. 498, §3 (AFF).]

5. Professional nurse. The terms "professional nurse," "registered nurse" or "registered professional nurse" mean an individual who is currently licensed under this chapter and who practices professional nursing as defined in subsection 2 . "R.N." is the abbreviation for the title of "registered professional nurse." [PL 1993, c. 600, Pt. A, §111 (AMD).]

5-A. Advanced practice registered nurse. "Advanced practice registered nurse" means an individual who is currently licensed under this chapter to practice advanced practice registered nursing as defined in subsection 2‑A . "A.P.R.N." is the abbreviation for the title of "advanced practice registered nurse." An advanced practice registered nurse may use the abbreviation "A.P.R.N." or the title or abbreviation designated by the national certifying body. "Advanced practice registered nurse" includes a certified nurse practitioner, a certified nurse midwife, a certified clinical nurse specialist and a certified nurse anesthetist who are licensed under this chapter to practice advanced practice registered nursing. [PL 2007, c. 498, §2 (AMD); PL 2007, c. 498, §3 (AFF).]

6. Licensed practical nurse. The term "licensed practical nurse" means an individual who is currently licensed under this chapter and who practices practical nursing as defined in subsection 3 . "L.P.N." is the abbreviation for the title of "licensed practical nurse." [PL 1993, c. 600, Pt. A, §111 (AMD).]

7. Approved nursing school. An " approved nursing school" or " approved nursing education program" means a school of nursing or a nursing department or division of a university or college or a school for the education of practical nurses approved by the board as provided in this chapter. [PL 1985, c. 724, §4 (AMD).]

8. Certified nursing assistant. "Certified nursing assistant" means an individual whose duties are assigned by a registered professional nurse and who: A. Has successfully completed a training program or course with a curriculum prescribed by the board, holds a certificate of training from that program or course and is listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers; or [PL 2011, c. 257, §19 (AMD).] B. Was certified before September 29, 1987 and is listed on the Maine Registry of Certified Nursing Assistants and Direct Care Workers. [PL 2011, c. 257, §20 (AMD).] [PL 2011, c. 257, §§19, 20 (AMD).]

9. Maine Registry of Certified Nursing Assistants and Direct Care Workers. "Maine Registry of Certified Nursing Assistants and Direct Care Workers" has the same meaning as in Title 22, section 1812‑G . [PL 2011, c. 257, §21 (AMD).]

10. Supervising nurse practitioner. "Supervising nurse practitioner" means a certified nurse practitioner who qualifies as an advanced practice registered nurse who has: A. Completed 24 months of supervised practice in accordance with subsection 2‑A ; [PL 2007, c. 316, §2 (NEW).] B. Practiced as an advanced practice registered nurse for a minimum of 5 years in the same speciality; [PL 2007, c. 316, §2 (NEW).] C. Worked in a clinical health care field for a minimum of 10 years; and [PL 2007, c. 316, §2 (NEW).] D. Been approved by the board. [PL 2007, c. 316, §2 (NEW).] The board shall adopt rules necessary to effectuate the purposes of this chapter relating to supervising nurse practitioners. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2007, c. 316, §2 (NEW).]

11. Unlicensed assistive personnel. "Unlicensed assistive personnel" means individuals trained to function in a supportive role, regardless of job title, to whom a specific nursing activity or task may be delegated. "Unlicensed assistive personnel" does not include certified nursing assistants or individuals employed in practical nursing or unpaid individuals performing tasks at the direction of a patient. [PL 2023, c. 592, §2 (NEW).]
32 M.R.S. § 88-B — ME Code / Title 32 / Chapter 2-B / Section 88-B
32 §88-B. Medical Direction and Practices Board; powers and duties
Status: in_force

1. Powers and duties. The Medical Direction and Practices Board has the following powers and duties. A. The Medical Direction and Practices Board shall create, adopt and maintain the Maine Emergency Medical Services protocols. When adopting or amending any protocols related to providing emergency medical treatment pursuant to section 85, subsection 9 , the Medical Direction and Practices Board shall consult with an individual with expertise in emergency veterinary medicine designated by the State Board of Veterinary Medicine. [PL 2023, c. 587, §2 (AMD).] B. The Medical Direction and Practices Board may use videoconferencing and other technologies to conduct its business but is not exempt from Title 1, chapter 13, subchapter 1 . Members of the Medical Direction and Practices Board and its staff may participate in a meeting of the Medical Direction and Practices Board or its staff via videoconferencing, conference telephone or similar communications equipment by means of which all persons participating in the meeting can hear each other, and participation in a meeting pursuant to this paragraph constitutes presence in person at such a meeting. [PL 2019, c. 617, Pt. C, §3 (NEW).] C. For the duration of a state of emergency declared by the Governor in accordance with Title 37‑B, section 742 due to the outbreak of COVID-19 and for 30 days following the termination of that state of emergency, the Medical Direction and Practices Board may, by majority vote, delegate its duties under this chapter to the statewide emergency medical services medical director and the statewide associate emergency medical services medical director. [PL 2019, c. 617, Pt. C, §3 (NEW).] [PL 2023, c. 587, §2 (AMD).]
32 M.R.S. § 1404 — ME Code / Title 32 / Chapter 21 / Section 1404
32 §1404. Medical examiner case; no embalming until release
Status: in_force

When a person has died under circumstances which constitute a medical examiner case as defined in Title 22, section 3025 , no person may inject into any cavity or artery of the body any fluid or substance, or submerge the body in or place, pour or spray on the body any preservative, deodorant, insecticide, cosmetic or other chemical until a legal certificate as to the cause of death has been obtained from the medical examiner, or until permission to do so has been given by the medical examiner. [PL 1985, c. 611, §10 (AMD).]
32 M.R.S. § 18433 — ME Code / Title 32 / Chapter 143 / Section 18433
32 §18433. Definitions
Status: in_force

As used in this subchapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 2023, c. 664, §1 (NEW).]

1. Active military member. "Active military member" means an individual with full-time duty status in the active uniformed service of the United States, including members of the National Guard and Reserves of the United States Armed Forces on active duty orders. [PL 2023, c. 664, §1 (NEW).]

2. Adverse action. "Adverse action" means any administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against a dental or dental hygienist license, license application or privilege to practice, such as a license denial, censure, revocation, suspension, probation, monitoring of the licensee or restriction on the licensee's practice. [PL 2023, c. 664, §1 (NEW).]

3. Alternative program. "Alternative program" means a nondisciplinary monitoring or practice remediation process applicable to a dentist or dental hygienist approved by a state licensing authority of a participating state in which the dentist or dental hygienist is licensed, including, but not limited to, programs to which licensees with substance use disorder or addiction issues are referred in lieu of adverse action. [PL 2023, c. 664, §1 (NEW).]

4. Clinical assessment. "Clinical assessment" means an examination or process, required for licensure as a dentist or dental hygienist as applicable, that provides evidence of clinical competence in dentistry or dental hygiene. [PL 2023, c. 664, §1 (NEW).]

5. Commissioner. "Commissioner" means the individual appointed by a participating state to serve as the member of the commission for that participating state. [PL 2023, c. 664, §1 (NEW).]

6. Compact. "Compact" means the Dentist and Dental Hygienist Compact enacted in this subchapter. [PL 2023, c. 664, §1 (NEW).]

7. Compact privilege. "Compact privilege" means the authorization granted by a remote state to allow a licensee from another participating state to practice as a dentist or dental hygienist in a remote state. [PL 2023, c. 664, §1 (NEW).]

8. Continuing professional development. "Continuing professional development" means a requirement, as a condition of license renewal to provide evidence of successful participation in educational or professional activities relevant to practice or area of work. [PL 2023, c. 664, §1 (NEW).]

9. Criminal background check. "Criminal background check" means the submission of fingerprints or other biometric-based information for a license applicant for the purpose of obtaining that applicant's criminal history record information, as defined in 28 Code of Federal Regulations, Section 20.3(d), from the state's criminal history record repository, as defined in 28 Code of Federal Regulations, Section 20.3(f). [PL 2023, c. 664, §1 (NEW).]

10. Data system. "Data system" means the commission's repository of information about licensees, including, but not limited to, examination, licensure, investigative, compact privilege, adverse action and alternative program information. [PL 2023, c. 664, §1 (NEW).]

11. Dental hygienist. "Dental hygienist" means an individual who is licensed by a state licensing authority to practice dental hygiene. [PL 2023, c. 664, §1 (NEW).]

12. Dentist. "Dentist" means an individual who is licensed by a state licensing authority to practice dentistry. [PL 2023, c. 664, §1 (NEW).]

13. Dentist and Dental Hygienist Compact Commission. "Dentist and Dental Hygienist Compact Commission" or "commission" means a joint government agency established by this compact comprised of each state that has enacted the compact and a national administrative body comprised of a commissioner from each state that has enacted the compact. [PL 2023, c. 664, §1 (NEW).]

14. Encumbered license. "Encumbered license" means a license that a state licensing authority has limited in any way other than through an alternative program. [PL 2023, c. 664, §1 (NEW).]

15. Executive board. "Executive board" means the chair, vice-chair, secretary and treasurer and any other commissioners as may be determined by commission rules or bylaws. [PL 2023, c. 664, §1 (NEW).]

16. Jurisprudence requirement. "Jurisprudence requirement" means the assessment of an individual's knowledge of the laws and rules governing the practice of dentistry or dental hygiene, as applicable, in a state. [PL 2023, c. 664, §1 (NEW).]

17. License. "License" means the current authorization by a state other than authorization pursuant to a compact privilege, or other privilege, for an individual to practice dentistry or dental hygiene, as applicable, in a state. [PL 2023, c. 664, §1 (NEW).]

18. Licensee. "Licensee" means an individual who holds an unrestricted license from a participating state to practice as a dentist or dental hygienist in that state. [PL 2023, c. 664, §1 (NEW).]

19. Licensing board. "Licensing board" means any state entity authorized to license and otherwise regulate dentists or dental hygienists, as applicable, in a state. [PL 2023, c. 664, §1 (NEW).]

20. Model compact. "Model compact" means the model for the Dentist and Dental Hygienist Compact on file with the Council of State Governments, or its successor organization, or other entity designated by the commission. [PL 2023, c. 664, §1 (NEW).]

21. Participating state. "Participating state" means a state that has enacted the compact and been admitted to the commission in accordance with this subchapter and commission rules. [PL 2023, c. 664, §1 (NEW).]

22. Qualifying license. "Qualifying license" means a license that is not an encumbered license issued by a participating state to practice dentistry or dental hygiene. [PL 2023, c. 664, §1 (NEW).]

23. Remote state. "Remote state" means a participating state where a licensee who is not licensed as a dentist or dental hygienist is exercising or seeking to exercise the compact privilege. [PL 2023, c. 664, §1 (NEW).]

24. Rule. "Rule" means a regulation promulgated by an entity that has the force of law. [PL 2023, c. 664, §1 (NEW).]

25. Scope of practice. "Scope of practice" means the procedures, actions and processes a dentist or dental hygienist licensed in a state is permitted to undertake in that state and the circumstances under which the licensee is permitted to undertake those procedures, actions and processes. Such procedures, actions and processes and the circumstances under which they may be undertaken may be established through means, including, but not limited to, statute, regulations, case law and other processes available to the state licensing board or other government agency. [PL 2023, c. 664, §1 (NEW).]

26. Significant investigative information. "Significant investigative information" means information, records and documents received or generated by a state licensing authority pursuant to an investigation for which a determination has been made that there is probable cause to believe that the licensee has violated a statute or regulation that is considered more than a minor infraction for which the state licensing authority could pursue adverse action against the licensee. [PL 2023, c. 664, §1 (NEW).]

27. State. "State" means any state, commonwealth, district or territory of the United States of America that regulates the practices of dentistry and dental hygiene. [PL 2023, c. 664, §1 (NEW).]

28. State licensing authority. "State licensing authority" means an agency or other entity of a state that is responsible for the licensing and regulation of dentists or dental hygienists. [PL 2023, c. 664, §1 (NEW).]
32 M.R.S. § 2267 — ME Code / Title 32 / Chapter 31 / Section 2267
32 §2267. Telehealth services permitted
Status: in_force

A person licensed under this chapter may provide telehealth services as long as the licensee acts within the scope of practice of the licensee's license, in accordance with any requirements and restrictions imposed by this subchapter and in accordance with standards of practice. [PL 2021, c. 291, Pt. B, §4 (NEW).]
32 M.R.S. § 6091 — ME Code / Title 32 / Chapter 79-A / Section 6091
32 §6091. Issuance of license
Status: in_force

License issuance is governed by this section. [PL 2023, c. 662, §2 (NEW).]

1. Complete application. When an application for an original license appears to include all the items and address all of the matters that are required under this subchapter, the application is complete and the administrator shall promptly notify the applicant of the date on which the application was determined to be complete and: A. The administrator shall approve or deny the application within 120 days after the completion date; or [PL 2023, c. 662, §2 (NEW).] B. If the application is not approved or denied within 120 days after the completion date: (1) The application is approved; and (2) The license takes effect as of the first business day after expiration of the 120-day period. [PL 2023, c. 662, §2 (NEW).] The administrator for good cause may extend the application period. [PL 2023, c. 662, §2 (NEW).]

2. Completion determination. A determination by the administrator that an application is complete and is accepted for processing means only that the application, on its face, appears to include all of the items, including the criminal history record check response from the Federal Bureau of Investigation, and address all of the matters that are required. The determination is not an assessment of the substance of the application or of the sufficiency of the information provided. [PL 2023, c. 662, §2 (NEW).]

3. Investigation. When an application is filed and considered complete under this section, the administrator shall investigate the applicant's financial condition and responsibility, financial and business experience, competence, character and general fitness. The administrator may conduct an on-site investigation of the applicant, the reasonable cost of which the applicant must pay. The administrator shall issue a license to an applicant under this subsection if the administrator finds that the following conditions have been fulfilled: A. The applicant has complied with sections 6089 and 6090 ; and [PL 2023, c. 662, §2 (NEW).] B. The financial condition and responsibility, financial and business experience, competence, character and general fitness of the applicant and the competence, experience, character and general fitness of the key individuals and persons in control of the applicant indicate that it is in the interest of the public to permit the applicant to engage in money transmission. [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

4. Multistate licensing process. If an applicant avails itself of or is otherwise subject to a multistate licensing process: A. The administrator may accept the investigation results of a lead investigative state for the purposes of subsection 3 if the lead investigative state has sufficient staffing, expertise and minimum standards; or [PL 2023, c. 662, §2 (NEW).] B. If the State is a lead investigative state, the administrator may investigate the applicant pursuant to subsection 3 and the time frames established by agreement through the multistate licensing process, as long as the time frames are compliant with the application period in subsection 1, paragraph A . [PL 2023, c. 662, §2 (NEW).] [PL 2023, c. 662, §2 (NEW).]

5. Notice of denial. The administrator shall issue a formal written notice of the denial of a license application within 30 days of the decision to deny the application. The administrator shall set forth in the notice of denial the specific reasons for the denial of the application. An applicant whose application is denied by the administrator under this subsection may request a hearing on the issue in accordance with Title 5, chapter 375, subchapter 4 . [PL 2023, c. 662, §2 (NEW).]

6. License term. Except as provided in subsection 1, paragraph B , the initial license term begins on the day the application is approved. A license expires on December 31st of the year in which the license term began, unless the initial license date is between November 1st and December 31st, in which case the initial license term runs through December 31st of the following year. [PL 2023, c. 662, §2 (NEW).]

7. Requirements. An applicant for a money transmission license must demonstrate that it meets or will meet the requirements in sections 6100‑R , 6100‑S and 6100‑T . [PL 2023, c. 662, §2 (NEW).]
32 M.R.S. § 2172 — ME Code / Title 32 / Chapter 31 / Section 2172
32 §2172. Definitions -- Article 2
Status: in_force

As used in this compact, unless the context otherwise indicates, the following terms have the following meanings. [PL 2017, c. 258, Pt. A, §1 (NEW).]

1. Adverse action. "Adverse action" means an administrative, civil, equitable or criminal action permitted by a state's laws that is imposed by a licensing board or other authority against a nurse, including actions against an individual's license or multistate licensure privilege such as revocation, suspension, probation, monitoring of the licensee, limitation on the licensee's practice or any other encumbrance on licensure affecting a nurse's authorization to practice, including issuance of a cease and desist action. [PL 2017, c. 258, Pt. A, §1 (NEW).]

2. Alternative program. "Alternative program" means a nondisciplinary monitoring program approved by a licensing board. [PL 2017, c. 258, Pt. A, §1 (NEW).]

3. Commission. "Commission" means the Interstate Commission of Nurse Licensure Compact Administrators established in this compact. [PL 2017, c. 258, Pt. A, §1 (NEW).]

4. Coordinated licensure information system. "Coordinated licensure information system" means an integrated system for collecting, storing and sharing information on nurse licensure and enforcement activities related to nurse licensure laws that is administered by a nonprofit organization composed of and controlled by licensing boards. [PL 2017, c. 258, Pt. A, §1 (NEW).]

5. Current significant investigative information. "Current significant investigative information" means: A. Investigative information that a licensing board, after a preliminary inquiry that includes notification and an opportunity for a nurse to respond, if required by state law, has reason to believe is not groundless and, if proved true, indicates more than a minor infraction; or [PL 2017, c. 258, Pt. A, §1 (NEW).] B. Investigative information that indicates that a nurse represents an immediate threat to public health and safety regardless of whether the nurse has been notified and had an opportunity to respond. [PL 2017, c. 258, Pt. A, §1 (NEW).] [PL 2017, c. 258, Pt. A, §1 (NEW).]

6. Encumbrance. "Encumbrance" means a revocation or suspension of, or any limitation on, the full and unrestricted practice of nursing imposed by a licensing board. [PL 2017, c. 258, Pt. A, §1 (NEW).]

7. Head of the state licensing board. "Head of the state licensing board" means the executive director of the State Board of Nursing. [PL 2017, c. 258, Pt. A, §1 (NEW).]

8. Home state. "Home state" means the party state that is a nurse's primary state of residence. [PL 2017, c. 258, Pt. A, §1 (NEW).]

9. Licensing board. "Licensing board" means a party state's regulatory body responsible for issuing nurse licenses. [PL 2017, c. 258, Pt. A, §1 (NEW).]

10. Multistate license. "Multistate license" means a license to practice as a registered or a licensed practical or vocational nurse issued by a home state licensing board that authorizes the licensed nurse to practice in all party states under a multistate licensure privilege. [PL 2017, c. 258, Pt. A, §1 (NEW).]

11. Multistate licensure privilege. "Multistate licensure privilege" means a legal authorization associated with a multistate license permitting the practice of nursing as either a registered nurse or licensed practical or vocational nurse in a remote state. [PL 2017, c. 258, Pt. A, §1 (NEW).]

12. Nurse. "Nurse" means a registered nurse or licensed practical or vocational nurse, as those terms are defined by each party state's practice laws. [PL 2017, c. 258, Pt. A, §1 (NEW).]

13. Party state. "Party state" means a state that has adopted this compact. [PL 2017, c. 258, Pt. A, §1 (NEW).]

14. Prior compact. "Prior compact" means the prior nurse licensure compact that is superseded by this compact. [PL 2017, c. 258, Pt. A, §1 (NEW).]

15. Remote state. "Remote state" means a party state other than the home state. [PL 2017, c. 258, Pt. A, §1 (NEW).]

16. Single-state license. "Single-state license" means a nurse license issued by a party state that authorizes practice only within the issuing state and does not include a multistate licensure privilege to practice in any other party state. [PL 2017, c. 258, Pt. A, §1 (NEW).]

17. State. "State" means a state, territory or possession of the United States and the District of Columbia. [PL 2017, c. 258, Pt. A, §1 (NEW).]

18. State practice laws. "State practice laws" means a party state's laws, rules and regulations that govern the practice of nursing, define the scope of nursing practice and create the methods and grounds for imposing discipline. "State practice laws" does not include requirements necessary to obtain and retain a license, except for qualifications or requirements of the home state. [PL 2017, c. 258, Pt. A, §1 (NEW).]
32 M.R.S. § 7096 — ME Code / Title 32 / Chapter 83 / Section 7096
32 §7096. Construction and severability
Status: in_force

1. Construction. The compact and the commission's rule-making authority must be liberally construed so as to effectuate the purposes, implementation and administration of the compact. The provisions of the compact expressly authorizing or requiring the promulgation of rules may not be construed to limit the commission's rule-making authority solely for those purposes. [PL 2023, c. 674, §1 (NEW).]

2. Severability. The provisions of the compact are severable, and if any phrase, clause, sentence or provision of the compact is held by a court of competent jurisdiction to be contrary to the constitution of any member state, of a state seeking participation in the compact or of the United States, or the applicability of the compact to any government, agency, person or circumstance is held to be unconstitutional by a court of competent jurisdiction, the validity of the remainder of the compact and the applicability of the compact to any government, agency, person or circumstance is not affected. [PL 2023, c. 674, §1 (NEW).]
32 M.R.S. § 13796 — ME Code / Title 32 / Chapter 117 / Section 13796
32 §13796. Retail sale of targeted methamphetamine precursors
Status: in_force

1. Definitions. [PL 2011, c. 584, §1 (RP).]

1-A. Definitions. As used in this section, unless the context otherwise indicates, the following terms have the following meanings. A. "Electronic logging system" means a system that: (1) Blocks the illegal sale of over-the-counter cold and allergy medications containing a targeted methamphetamine precursor; (2) Is available free of charge to the State and its taxpayers, retailers and law enforcement; (3) Operates in real time and communicates across state lines in real time with similar systems; and (4) Complies with the requirements of the national Criminal Justice Information Exchange or its successor program and the National Information Exchange Model or its successor program. [PL 2011, c. 584, §2 (NEW).] B. "Override function" means a function in an electronic logging system that may be used to override a stop-sale alert and allows the completion of a sale. [PL 2011, c. 584, §2 (NEW).] C. "Package" means an item packaged and marked for retail sale that is not designed to be broken down or subdivided for the purpose of retail sale. [PL 2011, c. 584, §2 (NEW).] D. "Retailer" or "retail store" means a person or business entity engaged in this State in the business of selling products to the general public on a retail basis, including pharmacies. [PL 2011, c. 584, §2 (NEW).] E. "Sale" or "sold" includes barter, exchange, transfer and gift. [PL 2011, c. 584, §2 (NEW).] F. "Stop-sale alert" means a notification that alerts the retailer that completion of the sale would result in the seller's or purchaser's violating the targeted methamphetamine precursor quantity limits. [PL 2011, c. 584, §2 (NEW).] [PL 2011, c. 584, §2 (NEW).]

2. Restrictions on packaging. [PL 2013, c. 223, §1 (RP).]

3. Restrictions on the sale of targeted methamphetamine precursors. The following restrictions on location in the retail store, manner of sale and amount of sale apply to sales of targeted methamphetamine precursors. The limits under this subsection on the amount of targeted methamphetamine precursors that may be sold apply to the total amount of base ephedrine, phenylpropanolamine and pseudoephedrine contained in packages and not the overall weight of the packages. A. A retailer may not sell to the same person a targeted methamphetamine precursor that causes the sales to that person of targeted methamphetamine precursors within a 24-hour period to exceed 3.6 grams. [PL 2011, c. 584, §3 (AMD).] A-1. A person may not purchase more than 3.6 grams of a targeted methamphetamine precursor within a 24-hour period. [PL 2011, c. 584, §3 (NEW).] A-2. A retailer may not sell to the same person a targeted methamphetamine precursor that causes the sale to that person of targeted methamphetamine precursors within a 30-day period to exceed 9 grams. [PL 2011, c. 584, §3 (NEW).] A-3. A person may not purchase more than 9 grams of a targeted methamphetamine precursor within a 30-day period. [PL 2011, c. 584, §3 (NEW).] B. Except with regard to single-dose packages of not more than 60 milligrams that are kept within 30 feet and in direct line of sight of a staffed cash register or store counter, a retailer shall keep targeted methamphetamine precursors in a location that is locked or otherwise not accessible by customers. [PL 2011, c. 584, §3 (AMD).] C. Except with regard to single-dose packages of not more than 60 milligrams that are kept within 30 feet and in direct line of sight of a staffed cash register or store counter, the sale of targeted methamphetamine precursors must be completed by: (1) A licensed pharmacist or licensed pharmacy technician; or (2) An employee of the retailer who accepts payment for the targeted methamphetamine precursor as long as: (a) The employee works under the direct supervision of a pharmacist in the pharmacy area of the retail store; and (b) A licensed pharmacist or licensed pharmacy technician has given individual, express approval for the purchase. [PL 2007, c. 402, Pt. DD, §33 (AMD).] D. Except with regard to single-dose packages of not more than 60 milligrams that are kept within 30 feet and in direct line of sight of a staffed cash register or store counter, a retailer shall require a person purchasing a targeted methamphetamine precursor to present a valid government-issued photograph identification document at the point of sale. A retailer shall record the: (1) Name and address of the purchaser; (2) Name of the targeted methamphetamine precursor purchased including the number of grams the product contains; (3) Date and time of purchase; and (4) Form of identification presented, issuing government entity and corresponding identification number. [PL 2011, c. 584, §3 (NEW).] E. Except with regard to single-dose packages of not more than 60 milligrams that are kept within 30 feet and in direct line of sight of a staffed cash register or store counter, a retailer shall maintain a written or electronic logbook and require a person purchasing a targeted methamphetamine precursor to sign the logbook. A purchaser must sign the logbook acknowledging that the purchaser understands the applicable sales limit and that providing false statements or misrepresentations in the logbook may subject the purchaser to criminal penalties under 18 United States Code, Section 1001. [PL 2011, c. 584, §3 (NEW).] [PL 2011, c. 584, §3 (AMD).]

4. Exceptions. The provisions of this section do not apply to a targeted methamphetamine precursor that is obtained by prescription or by sale or transfer in the regular course of lawful business to a veterinarian, physician, pharmacist, retail distributor, wholesaler, manufacturer, warehouse operator or common carrier or an agent of that person or entity. [PL 2005, c. 430, §8 (NEW); PL 2005, c. 430, §10 (AFF).]

5. Electronic logging. Beginning January 1, 2013, a retailer who has access to the Internet shall, before completing a sale under this section, electronically submit the information obtained pursuant to subsection 3, paragraph D to an electronic logging system. If the electronic logging system generates a stop-sale alert, the retailer may not complete the sale. If the retailer has concern for personal safety or the safety of others if a sale is not completed, the retailer may use the system's override function to complete the sale and must maintain a log of the sale. If the retailer experiences mechanical or electronic failure of the electronic logging system and is unable to comply with the electronic logging requirement, the retailer shall maintain a written log or an alternative electronic record-keeping mechanism until such time as the retailer is able to comply with the electronic logging requirement. [PL 2011, c. 584, §4 (NEW).]

6. Immunity; presumption of good faith. A retailer is immune from liability for any claims, costs, expenses, injuries, liabilities, losses or damages of any kind resulting from the retailer's use of the electronic logging system in accordance with this section unless the injury or loss is the result of willful, reckless or intentional misconduct by the retailer. In a civil proceeding in which the retailer's use of an electronic logging system pursuant to this section is an issue, there is a rebuttable presumption of good faith on the part of the retailer. [PL 2011, c. 584, §4 (NEW).]

7. Political subdivision ordinances. A political subdivision, as defined in Title 30‑A, section 2252 , may not adopt an ordinance regulating the sale or purchase of a targeted methamphetamine precursor, and any ordinance that violates this subsection is void and has no force or effect. [PL 2011, c. 584, §4 (NEW).]
32 M.R.S. § 18539 — ME Code / Title 32 / Chapter 145-A / Section 18539
32 §18539. Rulemaking
Status: in_force

1. Powers. The commission shall exercise its rule-making powers pursuant to the criteria set forth in this section and the rules adopted under this section. Rules and amendments become binding as of the date specified in each rule or amendment. [PL 2023, c. 670, §1 (NEW).]

2. Promulgation. The commission shall promulgate reasonable rules in order to effectively and efficiently implement and administer this compact and achieve its purpose. A commission rule is invalid and has no force or effect only if a court of competent jurisdiction holds that the rule is invalid because the commission exercised its rule-making authority in a manner that is beyond the scope of the purposes of the compact, or the powers granted under the compact, or based upon another applicable standard of review. [PL 2023, c. 670, §1 (NEW).]

3. Rule conflict with law. The rules of the commission have the force of law in each participating state, except that where the rules of the commission conflict with the laws of the participating state that establish the medical services a physician assistant may perform in the participating state, as held by a court of competent jurisdiction, the rules of the commission are ineffective in that state to the extent of the conflict. [PL 2023, c. 670, §1 (NEW).]

4. Rule rejection. If a majority of the legislatures of the participating states rejects a rule, by enactment of a statute or resolution in the same manner used to adopt the compact within 4 years of the date of adoption of the rule, that rule has no further force and effect in any participating state or in any state applying to participate in the compact. [PL 2023, c. 670, §1 (NEW).]

5. Rule adoption procedure. Rules or amendments to the rules must be adopted at a regular or special meeting of the commission. [PL 2023, c. 670, §1 (NEW).]

6. Notice. Prior to promulgation and adoption of a final rule or rules by the commission, and at least 30 days in advance of the meeting at which the rule will be considered and voted upon, the commission shall file a notice of proposed rulemaking: A. On the publicly accessible website of the commission or other publicly accessible platform; [PL 2023, c. 670, §1 (NEW).] B. To persons who have requested notice of the commission's notices of proposed rulemaking; and [PL 2023, c. 670, §1 (NEW).] C. In such other ways as the commission may specify by rule. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

7. Notice requirements. The notice of proposed rulemaking must include: A. The proposed time, date and location of the public hearing on the proposed rule and the proposed time, date and location of the meeting at which the rule will be considered and voted upon; [PL 2023, c. 670, §1 (NEW).] B. The text of the proposed rule and the reason for the proposed rule; [PL 2023, c. 670, §1 (NEW).] C. A request for comments on the proposed rule from any interested person and the date by which written comments must be received; and [PL 2023, c. 670, §1 (NEW).] D. The manner in which interested persons may submit notice to the commission of their intention to attend the public hearing or provide any written comments. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

8. Public comment. Prior to adoption of a proposed rule, the commission shall allow interested persons to submit written data, facts, opinions and arguments, which must be made available to the public. [PL 2023, c. 670, §1 (NEW).]

9. Hearing by electronic means; notice. If a hearing under this section is held via electronic means, the commission shall publish the mechanism for access to the hearing. A. All persons wishing to be heard at the hearing must notify the executive director of the commission or other designated member in writing of their desire to appear and testify at the hearing not less than 5 business days before the scheduled date of the hearing. [PL 2023, c. 670, §1 (NEW).] B. Hearings must be conducted in a manner providing each person who wishes to comment a fair and reasonable opportunity to comment orally or in writing. [PL 2023, c. 670, §1 (NEW).] C. All hearings must be recorded. A copy of the recording and the written data, facts, opinions and arguments received in response to the proposed rulemaking must be made available on request. [PL 2023, c. 670, §1 (NEW).] D. Nothing in this section may be construed as requiring a separate hearing on each rule. Rules may be grouped for the convenience of the commission at hearings required by this section. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

10. Consideration. Following a public hearing under this section, the commission shall consider all written and oral comments timely received. [PL 2023, c. 670, §1 (NEW).]

11. Final action. The commission shall, by majority vote of all members, take final action on the proposed rule and shall determine the effective date of the rule, if adopted, based on the rule-making record and the full text of the rule. A. If adopted, the rule must be posted on the commission's publicly accessible website. [PL 2023, c. 670, §1 (NEW).] B. The commission may adopt changes to the proposed rule as long as the changes do not broaden the original purpose of the proposed rule. [PL 2023, c. 670, §1 (NEW).] C. The commission shall provide on its publicly accessible website an explanation of the reasons for substantive changes made to the proposed rule as well as reasons for substantive changes not made that were recommended by persons who submitted comments described in subsection 10. [PL 2023, c. 670, §1 (NEW).] D. The commission shall determine a reasonable effective date for the rule. Except for an emergency as provided in subsection 12 , the effective date of the rule may not be earlier than 30 days after the commission issues the notice that it has adopted the rule. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

12. Emergency rulemaking. Upon determination that an emergency exists, the commission may consider and adopt an emergency rule with 24 hours' notice, without the opportunity for comment or hearing, as long as the usual rule-making procedures provided in the compact and in this section are retroactively applied to the rule as soon as reasonably possible, in no event later than 90 days after the effective date of the rule. For the purposes of this subsection, "emergency rule" means a rule that must be adopted immediately in order to: A. Meet an imminent threat to public health, safety or welfare; [PL 2023, c. 670, §1 (NEW).] B. Prevent a loss of commission or participating state funds; [PL 2023, c. 670, §1 (NEW).] C. Meet a deadline for the promulgation of an administrative rule that is established by federal law or rule; or [PL 2023, c. 670, §1 (NEW).] D. Protect public health and safety. [PL 2023, c. 670, §1 (NEW).] [PL 2023, c. 670, §1 (NEW).]

13. Rule revisions. The commission or an authorized committee of the commission may direct revisions to a previously adopted rule for purposes of correcting typographical errors, errors in format, errors in consistency or grammatical errors. Public notice of any revisions must be posted on the publicly accessible website of the commission. The revision is subject to challenge by any person for a period of 30 days after posting. The revision may be challenged only on grounds that the revision results in a material change to a rule. A challenge must be made as set forth in the notice of revisions and delivered to the commission prior to the end of the notice period. If no challenge is made, the revision takes effect without further action. If the revision is challenged, the revision may not take effect without the approval of the commission. [PL 2023, c. 670, §1 (NEW).]

14. Application of participating state requirements. Notwithstanding any provision of law to the contrary, a participating state's rule-making requirements do not apply under this compact. [PL 2023, c. 670, §1 (NEW).]
32 M.R.S. § 13800 — ME Code / Title 32 / Chapter 117 / Section 13800
32 §13800. Access to distributed drugs
Status: in_force

A manufacturer or wholesaler licensed under section 13758 shall make a drug distributed in this State available for sale in this State to an eligible product developer for purposes of conducting testing required to support an application for approval of a drug under the Federal Food, Drug, and Cosmetic Act, Section 505(b) or 505(j) or the licensing of a biological product under the federal Public Health Service Act, Section 351. [PL 2017, c. 434, §5 (NEW).]

The manufacturer or wholesaler licensed under section 13758 shall make the drug available for sale at a price no greater than the wholesale acquisition cost and without any restriction that would block or delay the eligible product developer's application in a manner inconsistent with Section 505‑1(f)(8) of the Federal Food, Drug, and Cosmetic Act, 21 United States Code, Section 355‑1(f)(8) (2016). [PL 2017, c. 434, §5 (NEW).]

An eligible product developer that receives a drug at a price no greater than the wholesale acquisition cost for that drug pursuant to this section shall charge consumers in this State the same price or less for the drug manufactured by that eligible product developer. [PL 2017, c. 434, §5 (NEW).]

As used in this section, "wholesale acquisition cost" means the manufacturer's list price for a brand-name drug or a generic drug per person per year or course of treatment when sold to wholesalers or direct purchasers in the United States, not including discounts or rebates, for the most recent month for which information is available. [PL 2017, c. 434, §5 (NEW).]
32 M.R.S. § 3824 — ME Code / Title 32 / Chapter 56 / Section 3824
32 §3824. Powers and duties
Status: in_force

The board shall have the following powers and duties, in addition to those otherwise set forth in this chapter. [PL 1983, c. 413, §151 (NEW).]

1. Licenses. The board shall evaluate the qualifications of applicants for licensure under this chapter. [PL 2007, c. 402, Pt. Q, §8 (AMD).]

2. Rules. The board may, in accordance with procedures established by Title 5, chapter 375, subchapter 2 , adopt such rules as may be reasonably necessary for the proper performance of its duties and the administration of this chapter. [PL 2007, c. 402, Pt. Q, §8 (AMD).]

3. Hearings. [PL 2007, c. 402, Pt. Q, §8 (RP).]

4. Assistants; contracts. [PL 1995, c. 397, §61 (RP).]

5. Temporary licensure. The board shall adopt rules for the granting of a temporary license to enable psychologists to practice in this State under supervision pending such examination as the board may require. An applicant who possesses at least 1,500 hours of postdoctoral experience and fulfills all the requirements for licensure, with the exception of any required examination, may apply to the board for a temporary license. Upon receiving a completed application and fee as set under section 3833‑A , the board shall issue a temporary license that entitles the applicant to practice as a psychologist or psychological examiner under supervision while completing the requirements for permanent licensure. The temporary license is effective for one year. [PL 2009, c. 415, Pt. A, §18 (RPR).]

6. Continuing education. The board shall establish in rules requirements for continuing education. The board shall require the applicant for license renewal to present evidence of the applicant's satisfactory completion of continuing professional education in accordance with rules adopted by the board. [PL 2007, c. 402, Pt. Q, §8 (AMD).]
32 M.R.S. § 6131 — ME Code / Title 32 / Chapter 80 / Section 6131
32 §6131. Short title
Status: in_force

This subchapter may be known and cited as the "Check Cashing and Foreign Currency Exchange Act." [PL 1997, c. 155, Pt. A, §2 (NEW).]
32 M.R.S. § 19501 — ME Code / Title 32 / Chapter 151 / Section 19501
32 §19501. Association
Status: in_force

1. Association. An optometrist may practice only in an individual capacity under the optometrist's own name or in association with a licensed practitioner of optometry or with a physician. [PL 2023, c. 580, §8 (NEW).]

2. Prohibited mercantile employment. A licensee may not practice optometry as a full or part-time employee of a mercantile establishment or directly or indirectly encourage one's optometric services to be promoted as part of a mercantile or commercial establishment. This prohibition includes the practice of optometry as a lessee of a commercial or mercantile establishment involved in the selling of spectacles, frames, mounting, lenses or other optical devices. [PL 2023, c. 580, §8 (NEW).]
32 M.R.S. § 1525-A — ME Code / Title 32 / Chapter 22 / Section 1525-A
32 §1525-A. Exemptions to licensure
Status: in_force

1. Nonresident interpreters. This chapter does not apply to certified interpreters who are residents of a jurisdiction other than this State and who do not interpret for compensation or remuneration in the State for more than 60 hours per year. Service during declared state or national emergencies does not count toward the 60 hours per year limitation. [PL 2019, c. 284, §14 (AMD).]

2. Medical emergencies. This chapter does not apply to a person providing communication assistance during a medical emergency. For purposes of this subsection, "medical emergency" is when a person's medical condition could be significantly compromised by delaying assessment and treatment. [PL 1999, c. 399, §13 (NEW); PL 1999, c. 399, §20 (AFF).]
32 M.R.S. § 9412 — ME Code / Title 32 / Chapter 93 / Section 9412
32 §9412. Unlawful acts
Status: in_force

1. Acting without license; false representations. It is a Class D crime for any person knowingly to commit any of the following acts: A. Subject to section 9404 , to act as a security guard without a valid license; [PL 1981, c. 113, §2 (NEW).] B. To publish any advertisement, letterhead, circular, statement or phrase of any kind which suggests that a licensee is an official police agency or any other agency, instrumentality or division of this State, any political subdivision thereof, or of the Federal Government; [PL 1981, c. 113, §2 (NEW).] C. To falsely represent that a person is or was in his employ as a licensee; [PL 1987, c. 170, §15 (AMD).] D. To make any false statement or material omission in any application, any documents made a part of the application, any notice or any statement filed with the commissioner; or [PL 1987, c. 170, §15 (AMD).] E. To make any false statement or material omission relative to the requirements of section 9410‑A, subsection 1 , in applying for a position as a security guard with a contract security company. [PL 1987, c. 170, §16 (NEW).] [PL 1987, c. 170, §§15, 16 (AMD).]

2. Failure to return equipment; representation as peace officer. It is a Class D crime for any security guard knowingly to commit any of the following acts: A. To fail to return immediately on demand, or within 7 days of termination of employment, any uniform, badge, or other item of equipment issued to him by an employer; [PL 1981, c. 113, §2 (NEW).] B. To make any representation which suggests, or which would reasonably cause another person to believe, that he is a sworn peace officer of this State, any political subdivision thereof, or of any other state or of the Federal Government; [PL 1981, c. 113, §2 (NEW).] C. To wear or display any badge, insignia, device, shield, patch or pattern which indicates or suggests that he is a sworn peace officer, or which contains or includes the word "police" or the equivalent thereof, or is similar in wording to any law enforcement agency; or [PL 1981, c. 113, §2 (NEW).] D. To possess or utilize any vehicle or equipment displaying the words "police," "law enforcement officer," or the equivalent thereof, or have any sign, shield, marking, accessory or insignia that may indicate that the vehicle is a vehicle of a public law enforcement agency. [PL 1981, c. 113, §2 (NEW).] Paragraph A does not apply to any proprietary security organization or any employee thereof. [PL 1987, c. 170, §17 (AMD).]

3. Representations as to employees; failure to surrender license; posting of license. It is a Class D crime for any person licensed under this chapter knowingly to commit any of the following acts: A. To falsely represent that a person was or is in his employ as a security guard; [PL 1981, c. 113, §2 (NEW).] B. To fail or refuse to surrender his license to the commissioner within 72 hours following revocation or suspension of the license; or after the licensee ceases to do business subject to section 9410 ; [PL 1981, c. 113, §2 (NEW).] C. To post the license or permit the license to be posted upon premises other than those described in the license; or [PL 1981, c. 113, §2 (NEW).] D. To fail to cause the license to be posted and displayed at all times, within 72 hours of receipt of the license, in a conspicuous place in the principal office of the licensee within the State. [PL 1981, c. 113, §2 (NEW).] [PL 1981, c. 113, §2 (NEW).]

4. Other unlawful acts. It is a Class D crime for any person licensed under this chapter, or for any employee thereof, knowingly to commit any of the following acts: A. To incite, encourage or aid any person who has become a party to any strike to commit any unlawful act against any person or property; [PL 1981, c. 113, §2 (NEW).] B. To incite, stir up, create or aid in the inciting of discontent or dissatisfaction among the employees of any person with the intention of having them strike; [PL 1981, c. 113, §2 (NEW).] C. To interfere with or prevent lawful and peaceful picketing during strikes; [PL 1981, c. 113, §2 (NEW).] D. To interfere with, restrain or coerce employees in the exercise of their right to form, join or assist any labor organization of their own choosing; [PL 1981, c. 113, §2 (NEW).] E. To interfere with or hinder lawful or peaceful collective bargaining between employers and employees; [PL 1981, c. 113, §2 (NEW).] F. To pay, offer to give any money, gratuity, consideration or other thing of value, directly or indirectly, to any person for any verbal or written report of the lawful activities of employees in the exercise of their right to organize, form or assist any labor organization and to bargain collectively through representatives of their own choosing; [PL 1981, c. 113, §2 (NEW).] G. To advertise for, recruit, furnish or replace or offer to furnish or replace for hire or reward, within or outside the State, any skilled or unskilled help or labor, armed guards, other than armed guards employed for the protection of payrolls, property or premises, for service upon property which is being operated in anticipation of or during the course or existence of a strike; [PL 1981, c. 113, §2 (NEW).] H. To furnish armed guards upon the highways for persons involved in labor disputes; [PL 1981, c. 113, §2 (NEW).] I. To furnish or offer to furnish to employers or their agents any arms, munitions, tear gas implements or any other weapons; [PL 1981, c. 113, §2 (NEW).] J. To send letters or literature to employers offering to eliminate labor unions; or [PL 1981, c. 113, §2 (NEW).] K. To advise any person of the membership of an individual in a labor organization for the purpose of preventing the individual from obtaining or retaining employment. [PL 1981, c. 113, §2 (NEW).] [PL 1981, c. 113, §2 (NEW).]

5. Dangerous weapons at labor disputes and strikes. It is a Class D crime for any person, including, but not limited to, security guards and persons involved in a labor dispute or strike, to be armed with a dangerous weapon, as defined in Title 17‑A, section 2, subsection 9 , at the site of a labor dispute or strike. A person holding a valid permit to carry a concealed handgun is not exempt from this subsection. A security guard is exempt from this subsection to the extent that federal laws, rules or regulations require the security guard to be armed with a dangerous weapon at the site of a labor dispute or strike. [PL 2013, c. 424, Pt. A, §18 (AMD).]

6. Class E crimes. It is a Class E crime for any person licensed under this chapter or for any employee of such a person, to knowingly commit any of the following acts: A. To perform or attempt to perform security guard functions at the site of a labor dispute or strike while not physically located on property leased, owned, possessed or rented by the person for whom the licensee is providing security guards. [PL 1987, c. 170, §18 (NEW).] [PL 1987, c. 170, §18 (NEW).]
32 M.R.S. § 18378 — ME Code / Title 32 / Chapter 143 / Section 18378
32 §18378. Denturist
Status: in_force

1. Scope of practice. A denturist and faculty denturist may: A. Obtain denture impressions and bite registrations for the purpose of or with a view to making, producing, reproducing, constructing, finishing, supplying, altering or repairing a denture to be fitted to an edentulous or partially edentulous arch or arches; [PL 2017, c. 388, §24 (AMD).] B. Fit a denture to an edentulous or partially edentulous arch or arches, including by making, producing, reproducing, constructing, finishing, supplying, altering or repairing dentures without performing alteration to natural or reconstructed tooth structure. A denturist may perform clinical procedures related to the fabrication of a removable tooth-borne partial denture, including cast frameworks; [PL 2015, c. 429, §21 (NEW).] C. Perform procedures incidental to the procedures specified in paragraphs A and B , as specified by board rule; and [PL 2015, c. 429, §21 (NEW).] D. Make, place, construct, alter, reproduce or repair nonorthodontic removable sports mouth guards and provide teeth whitening services, including by fabricating whitening trays, providing whitening solutions determined to be safe for public use and providing any required follow-up care and instructions for use of the trays and solutions at home. [PL 2015, c. 429, §21 (NEW).] [PL 2017, c. 388, §24 (AMD).]

2. Limitation. An individual with a faculty denturist license may provide the services described in this section only as part of the education program for which the license was issued by the board. [PL 2015, c. 429, §21 (NEW).]
32 M.R.S. § 12227 — ME Code / Title 32 / Chapter 113 / Section 12227
32 §12227. Licenses; certified public accountants
Status: in_force

Any person who receives from the board a license to practice as a certified public accountant prior to the effective date of this chapter or as provided in this subchapter may be styled and known as a certified public accountant, and no other persons may assume that title or use the abbreviation "CPA" or any other words, letters or figures to indicate that the person using the title is a certified public accountant. [PL 2009, c. 242, §4 (AMD).]
32 M.R.S. § 2111 — ME Code / Title 32 / Chapter 31 / Section 2111
32 §2111. Criminal history record information; fees
Status: in_force

1. Background check. The board shall request a background check for each person who submits an application for initial licensure or licensure by endorsement under this chapter, including an application for multistate licensure under subchapter 2‑A . The background check must include criminal history record information obtained from the Maine Criminal Justice Information System and the Federal Bureau of Investigation. The following provisions apply. A. The criminal history record information obtained from the Maine Criminal Justice Information System must include a record of public criminal history record information as defined in Title 16, section 703, subsection 8 . [PL 2017, c. 258, Pt. B, §5 (NEW).] B. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information. [PL 2017, c. 258, Pt. B, §5 (NEW).] C. An applicant shall submit to having fingerprints taken. The State Police, upon payment of a fee established by the board by rule by the applicant, shall take or cause to be taken the applicant's fingerprints and shall forward the fingerprints to the State Bureau of Identification so that the bureau can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the State Police for purposes of this paragraph must be paid over to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety. [PL 2017, c. 258, Pt. B, §5 (NEW).] D. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 709 . [PL 2017, c. 258, Pt. B, §5 (NEW).] E. State and federal criminal history record information may be used by the board for the purpose of screening each applicant. A board action against an applicant under this subsection is subject to the provisions of Title 5, chapter 341 . [PL 2017, c. 258, Pt. B, §5 (NEW).] F. Information obtained pursuant to this subsection is confidential. The results of background checks received by the board are for official use only and may not be disseminated to the Interstate Commission of Nurse Licensure Compact Administrators established in section 2177 or to any other person or entity. [PL 2017, c. 258, Pt. B, §5 (NEW).] G. An applicant whose license has expired and who has not applied for renewal may request in writing that the State Bureau of Identification remove the applicant's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the applicant's fingerprints from the fingerprint file and provide written confirmation of that removal. [PL 2017, c. 258, Pt. B, §5 (NEW).] [PL 2017, c. 258, Pt. B, §5 (NEW).]

2. Rules. The board, following consultation with the State Bureau of Identification, shall adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2017, c. 258, Pt. B, §5 (NEW).]
32 M.R.S. § 14049-G — ME Code / Title 32 / Chapter 124-A / Section 14049-G
32 §14049-G. Prohibited practices
Status: in_force

1. Prohibitions. An appraisal management company licensed under this chapter or an employee, director, officer or agent of an appraisal management company licensed under this chapter may not: A. Cause or attempt to cause the results of an appraisal service to be based on any factor other than the independent judgment of the appraiser; [PL 2017, c. 475, Pt. D, §1 (REEN).] B. Seek to influence an appraiser or to otherwise encourage a targeted value in order to facilitate the making or pricing of a consumer credit transaction; [PL 2017, c. 475, Pt. D, §1 (REEN).] C. Modify or otherwise change the results of a completed appraisal service that have been submitted by an appraiser to the appraisal management company by: (1) Altering or removing the signature or seal of the appraiser; or (2) Adding information to, removing information from or changing information contained in the results of the completed appraisal service, including any disclosure authorized by this chapter submitted by an appraiser in or with the appraisal report; [PL 2017, c. 475, Pt. D, §1 (REEN).] D. Condition a request for the performance of an appraisal service or the payment of an appraisal fee, salary or bonus on the opinion, conclusion or valuation to be reached or on a preliminary estimate or opinion requested from an appraiser; [PL 2017, c. 475, Pt. D, §1 (REEN).] E. Request that an appraiser provide an estimated, predetermined or desired valuation in an appraisal report or provide estimated values or comparable sales at any time before the completion of an appraisal by an appraiser; [PL 2017, c. 475, Pt. D, §1 (REEN).] F. Provide to an appraiser an anticipated, estimated, encouraged or desired value for a subject property or a proposed or target amount to be loaned to a borrower, except that a copy of the sales contract for a purchase transaction may be provided; [PL 2017, c. 475, Pt. D, §1 (REEN).] G. Make any part of a fee paid to the appraiser or a fee paid by the appraisal management company contingent on a favorable outcome, including a loan closing or a specific valuation being achieved by the appraiser in the appraisal report; [PL 2017, c. 475, Pt. D, §1 (REEN).] H. Withhold or threaten to withhold timely payment for the completion of an appraisal assignment when the appraisal services that are the subject of the appraisal assignment are provided in accordance with a contract or other agreement between the parties; [PL 2017, c. 475, Pt. D, §1 (REEN).] I. Seek to influence an appraiser by withholding or threatening to withhold future business from an appraiser; [PL 2017, c. 475, Pt. D, §1 (REEN).] J. Seek to influence an appraiser by demoting or terminating or threatening to demote or terminate an appraiser; [PL 2017, c. 475, Pt. D, §1 (REEN).] K. Seek to influence an appraiser by expressly or impliedly promising future business, promotions or increased compensation for an appraiser; [PL 2017, c. 475, Pt. D, §1 (REEN).] L. Provide to an appraiser, or any person related to an appraiser, stock or other financial or nonfinancial benefits; [PL 2017, c. 475, Pt. D, §1 (REEN).] M. Allow the removal of an appraiser from an appraiser panel without prior written notice in accordance with section 14049‑I to the appraiser; [PL 2019, c. 641, §1 (AMD).] N. Obtain, use or pay for a second or subsequent appraisal or order an automated valuation model in connection with a mortgage financing transaction unless: (1) There is a reasonable basis to believe that the initial appraisal was flawed or tainted and that basis is clearly and appropriately noted in the loan file; (2) The subsequent appraisal or automated valuation model is done under a bona fide prefunding or postfunding appraisal review or quality control process; or (3) The subsequent appraisal or automated valuation model is otherwise required or permitted by federal or state law; [PL 2017, c. 475, Pt. D, §1 (REEN).] O. Prohibit legal communication between an appraiser and a lender, real estate license holder or any other person from whom the appraiser believes information would be relevant; [PL 2017, c. 475, Pt. D, §1 (REEN).] P. Refuse to accept the results of a completed appraisal service by more than one appraiser if an appraiser provides substantial assistance to another appraiser in the preparation of the report, unless the appraisal assignment names an individual appraiser or the statement of work requires an unassisted report; or [PL 2017, c. 475, Pt. D, §1 (REEN).] Q. Require an appraiser to: (1) Complete an appraisal service if the appraiser determines the appraiser does not have the necessary expertise for the specific geographic area, the appraiser has notified the company of that determination and the appraiser has declined the assignment; (2) Prepare an appraisal report under a schedule that the appraiser believes does not afford the appraiser the ability to meet all the relevant legal and professional obligations if the appraiser has notified the company of that belief and has declined the assignment; (3) Provide the appraisal management company with the digital signature or seal of the appraiser; (4) Modify any aspect of an appraisal report without the agreement of the appraiser that the modification is appropriate; (5) Engage in any act or practice that does not comply with the Uniform Standards of Professional Appraisal Practice; (6) Engage in any act or practice that does not comply with any assignment conditions and certifications required by a client; (7) Engage in any act or practice that impairs or attempts to impair the independence, objectivity or impartiality of an appraiser; (8) Enter into an agreement to not serve on the appraiser panel of another appraisal management company; (9) Indemnify or hold harmless the appraisal management company against liability except liability for errors and omissions by the appraiser; or (10) Pay a fee imposed on the appraisal management company by the federal appraisal subcommittee. [PL 2017, c. 475, Pt. D, §1 (REEN).] [PL 2019, c. 641, §1 (AMD).]

2. Construction. Nothing in subsection 1 may be construed to prohibit: A. An appraiser from reimbursing an appraisal management company for the actual cost of discretionary services provided to the appraiser; [PL 2017, c. 475, Pt. D, §1 (REEN).] B. An appraiser from voluntarily providing the appraiser's digital signature or seal to an appraisal management company; [PL 2017, c. 475, Pt. D, §1 (REEN).] C. An appraisal management company from asking an appraiser, after an appraisal report is delivered, to: (1) Consider additional appropriate property information, including the consideration of additional comparable properties to make or support an appraisal; (2) Provide further detail, substantiation or explanation of the appraiser's conclusion regarding values; or (3) Correct errors in the appraisal report; [PL 2017, c. 475, Pt. D, §1 (REEN).] D. An appraisal management company from requiring an appraiser to provide advance notice of and an opportunity for the appraisal management company to participate in any legal communications between the appraiser and a lender; or [PL 2017, c. 475, Pt. D, §1 (REEN).] E. An appraisal management company from providing to an appraiser a copy of an executed contract for a purchase transaction. [PL 2017, c. 475, Pt. D, §1 (REEN).] [PL 2017, c. 475, Pt. D, §1 (REEN).]
32 M.R.S. § 2205-A — ME Code / Title 32 / Chapter 31 / Section 2205-A
32 §2205-A. Licensure of persons licensed by another jurisdiction
Status: in_force

The board may issue a license to practice professional nursing as a registered professional nurse under the following circumstances. [PL 1985, c. 361, §2 (NEW).]

1. Applicants licensed by other states, United States territories and Canadian provinces. The board may issue a license without examination of the applicant by the board to an applicant licensed to practice by a state or territory of the United States or a province of Canada if the applicant: A. Has graduated from an educational program approved by the official approving authority of a state or territory of the United States or a province of Canada, which at the time of graduation had standards considered by the board to be equivalent to those of Maine schools; [PL 1985, c. 361, §2 (NEW).] B. Has been duly licensed by examination by the nursing board of a state or territory of the United States or a province of Canada, provided that the examination is considered by the board to be equivalent in all essentials to Maine's examination and provided that the license of the applicant is in good standing and that there is no cause for suspension or revocation of that license. Acceptable examinations include the State Board Examination, State Board Test Pool Examination, the National Council Licensure Examination and, for a person licensed prior to December 31, 2006, the Canadian Nurses' Association Testing Service Examination; and [PL 2005, c. 473, §1 (AMD).] C. If licensed in the other jurisdiction by passing an examination in a language other than English, has passed the Test of English as a Foreign Language. The board shall provide information regarding the test to applicants who are required to take that test. [PL 1985, c. 361, §2 (NEW).] [PL 2005, c. 473, §1 (AMD).]

2. Applicants licensed by other jurisdictions. The board may issue a license to an applicant licensed to practice by a jurisdiction other than those listed in subsection 1 , if the applicant: A. Has graduated from an educational program approved by the official approving authority of a jurisdiction other than those listed in subsection 1 , which at the time of graduation had standards considered by the board to be equivalent to those of Maine schools; [PL 1985, c. 361, §2 (NEW).] B. Has been duly licensed by examination by the nursing board of a jurisdiction other than those listed in subsection 1 , provided that the examination is considered by the board to be equivalent in all essentials to Maine's examination and provided that the license of the applicant is in good standing and that there is no cause for suspension or revocation of that license; [PL 1985, c. 361, §2 (NEW).] C. Has passed the National Council Licensure Examination for registered nurses; and [PL 1985, c. 361, §2 (NEW).] D. If licensed in the other jurisdiction by passing an examination in a language other than English, has either passed the Test of English as a Foreign Language or fulfilled the requirements of paragraph C by passing a test given in English. [PL 1985, c. 361, §2 (NEW).] [PL 1985, c. 361, §2 (NEW).]
32 M.R.S. § 13274 — ME Code / Title 32 / Chapter 114 / Section 13274
32 §13274. Buyer agent
Status: in_force

1. Duty to buyer. A buyer agent: A. Shall perform the terms of the brokerage agreement made with the buyer; [PL 1993, c. 679, §1 (NEW).] B. Shall promote the interests of the buyer by exercising agency duties as set forth in section 13272 including: (1) Seeking a property at a price and terms specified by the buyer except that the buyer agent is not obligated to seek other properties for the buyer while the buyer is a party to a contract to purchase that property unless it is provided by the brokerage agreement; (2) Presenting in a timely manner all offers to and from the buyer; (3) Disclosing to the buyer material facts of which the buyer agent has actual knowledge or, if acting in a reasonable manner, should have known concerning the transaction, except as directed in section 13280 . Nothing in this subchapter limits any obligation of a buyer to inspect the physical condition of the property; (4) Advising the buyer to obtain expert advice on material matters that are beyond the expertise of the buyer agent; and (5) Accounting in a timely manner for all money and property received in which the buyer has or may have an interest; [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] C. Shall exercise reasonable skill and care, except that a buyer agent is not obligated to discover latent defects in the property; [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] D. Shall comply with all requirements of the laws governing real estate commission brokerage licenses and any rules adopted by the commission; [PL 1993, c. 679, §1 (NEW).] E. Shall comply with any applicable federal, state or local laws, rules, regulations or ordinances related to real estate brokerage including fair housing and civil rights laws or regulations; [PL 1993, c. 679, §1 (NEW).] F. Has an obligation to preserve confidential information provided by the buyer during the course of the relationship that might have a negative impact on the buyer's real estate activity unless: (1) The buyer to whom the information pertains grants consent to disclose the information; (2) Disclosure of the information is required by law; (3) The information is made public or becomes public by the words or conduct of the buyer to whom the information pertains or from a source other than the buyer agent; or (4) Disclosure is necessary to defend the buyer agent against an action of wrongful conduct in a judicial proceeding before the commission or before a professional committee; and [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] G. Must be able to promote other properties in which the buyer is interested to other buyers who might also be clients of the buyer agent without breaching any duty or obligation. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).]

2. Duty to seller. The duty of a buyer agent to a seller is governed by the following. A. A buyer agent shall treat all prospective sellers honestly and may not knowingly give them false information including material facts about the buyer's financial ability to perform the terms of the transaction. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] B. A buyer agent is not liable to a seller for providing false information to the seller if the false information was provided to the buyer agent by the buyer agent's client and the buyer agent did not know or, acting in a reasonable manner, should not have known that the information was false. A cause of action may not arise on behalf of any person against a buyer agent for revealing information in compliance with this subchapter. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] C. A buyer agent may provide assistance to the seller by performing ministerial acts such as preparing and conveying offers to the buyer and providing information and assistance concerning professional services not related to real estate brokerage services. Performing ministerial acts for the seller may not be construed as violating the buyer agent's agreement with the buyer or forming a brokerage agreement with the seller. Performing ministerial acts for the seller does not make the buyer agent a transaction broker for the seller. [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).] [PL 2005, c. 378, §14 (AMD); PL 2005, c. 378, §29 (AFF).]
32 M.R.S. § 503-B — ME Code / Title 32 / Chapter 9 / Section 503-B
32 §503-B. 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 board may deny a license, refuse to renew a license or impose the disciplinary sanctions authorized by Title 10, section 8003, subsection 5‑A for: [PL 2007, c. 402, Pt. H, §7 (NEW).]

1. Habitual substance use. Habitual substance use that has resulted or is foreseeably likely to result in the applicant or licensee performing services in a manner that endangers the health or safety of patients; [PL 2017, c. 407, Pt. A, §124 (AMD).]

2. Mental or physical condition. A professional diagnosis of a mental or physical condition that has resulted or may result in the applicant or licensee performing services in a manner that endangers the health or safety of patients; [PL 2007, c. 402, Pt. H, §7 (NEW).]

3. False advertising. Engaging in false, misleading or deceptive advertising; [PL 2007, c. 402, Pt. H, §7 (NEW).]

4. Nonchiropractic practice. Offering health services outside the field of chiropractic; or [PL 2007, c. 402, Pt. H, §7 (NEW).]

5. Fee-splitting. Splitting or dividing a fee with an individual who is not an associate licensed as a chiropractor. [PL 2007, c. 402, Pt. H, §7 (NEW).]
32 M.R.S. § 1202-B — ME Code / Title 32 / Chapter 17 / Section 1202-B
32 §1202-B. Issuance and scope of licenses
Status: in_force

A person licensed under this chapter must produce a copy of the license upon request of the state electrical inspector. [PL 2023, c. 327, §2 (NEW).]

The board may adopt rules to carry out the purposes of this section. Rules adopted pursuant to this section are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2023, c. 327, §2 (NEW).]

1. Apprentice electrician. Licensing for an apprentice electrician is governed by this subsection. A. An apprentice electrician who is licensed in accordance with this subsection and registered with an apprenticeship program may perform electrical installations under the direct supervision of a master electrician, journeyman electrician or limited electrician. [PL 2023, c. 327, §2 (NEW).] B. The board may issue an apprentice electrician license to an individual who submits an application with the required fee and provides evidence of enrollment in a registered apprenticeship program that has been approved and validated by the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship or by a State Apprenticeship Agency recognized by the Office of Apprenticeship. [PL 2023, c. 327, §2 (NEW).] [PL 2023, c. 327, §2 (NEW).]

2. Helper electrician. Licensing for a helper electrician is governed by this subsection. A. A helper electrician who is licensed in accordance with this subsection may make electrical installations under the direct supervision of a master electrician, journeyman electrician or limited electrician. A helper electrician must be employed by a supervising master electrician, limited electrician or electrical company. [PL 2023, c. 327, §2 (NEW).] B. The board may issue a helper electrician license to an individual who submits an application with the required fee. [PL 2023, c. 327, §2 (NEW).] [PL 2023, c. 327, §2 (NEW).]

3. Journeyman-in-training electrician. Licensing for a journeyman-in-training electrician is governed by this subsection. A. A journeyman-in-training electrician may make electrical installations while employed by a supervising master electrician, limited electrician or electrical company. A journeyman-in-training electrician may not supervise other electricians. [PL 2023, c. 327, §2 (NEW).] B. An applicant for a journeyman-in-training license must first pass an examination approved by the board. To qualify for the examination, an applicant must submit an examination application with the required fee and provide evidence of one of the following: (1) Completion of at least 2,000 work hours in the field of electrical installations as a licensed helper electrician and an electrical program at an accredited community college consisting of a 576-hour course of study as adopted by the board; (2) Completion of at least 6,000 work hours in the field of electrical installations as a licensed apprentice electrician and a 576-hour course of study as adopted by the board or a course of study approved by the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship or by a state apprenticeship agency recognized by the Office of Apprenticeship; (3) Completion of at least 2,000 work hours in the field of electrical installations as a licensed helper electrician and a vocational-electrical program of a state department of corrections; (4) Comparable work experience, education or training, or any combination of comparable work experience, education or training, completed within the State or outside the State, that is acceptable to the board; or (5) Completion of a 2-year secondary school career and technical education electrical program approved pursuant to Title 20‑A, section 8306‑B and completion of at least 6,000 work hours in the field of electrical installations as a licensed helper electrician. An individual applying pursuant to this subparagraph may take the examination upon graduating from the program and is credited 1,000 work hours in the field of electrical installations. The individual must complete any remaining work hours prior to applying for a journeyman-in-training license. [PL 2023, c. 551, §§1-3 (AMD).] C. Upon passage of the examination, the board may issue the journeyman-in-training license to an applicant who submits a license application with the required fee and evidence of completion of a 45-hour course in the National Electrical Code within the 2 years prior to application for licensure. [PL 2023, c. 327, §2 (NEW).] [PL 2023, c. 551, §§1-3 (AMD).]

4. Journeyman electrician. Licensing for a journeyman electrician is governed by this subsection. A. A journeyman electrician may make electrical installations while employed by a supervising master electrician, limited electrician or electrical company. A person licensed under this subsection may supervise: (1) Two helper electricians who are enrolled in, or have completed, a 576-hour course of study as adopted by the board; (2) Two apprentice electricians; or (3) One helper electrician. [PL 2023, c. 327, §2 (NEW).] B. An applicant for a journeyman electrician license must first pass an examination approved by the board. To qualify for the examination, an applicant must submit an examination application with the required fee and provide evidence of one of the following: (1) Completion of at least 8,000 work hours in electrical installations as a licensed apprentice electrician and completion of a 576-hour course of study as adopted by the board or a course of study approved by the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship or by a state apprenticeship agency recognized by the Office of Apprenticeship. An individual applying pursuant to this subparagraph who has completed a 576-hour course of study adopted by the board or a course of study approved by the United States Department of Labor, Employment and Training Administration, Office of Apprenticeship or by a state apprenticeship agency recognized by the Office of Apprenticeship and at least 4,000 of the 8,000 required work hours in the field of electrical installations as a licensed apprentice electrician may take the examination prior to completing the remaining required work hours; (2) Completion of at least 8,000 work hours in the field of electrical installations as a licensed helper electrician or completion of at least 8,000 work hours in electrical installations as permitted under this chapter and completion of a 576-hour course of study as adopted by the board; (3) Completion of a secondary school career and technical education electrical program approved pursuant to Title 20‑A, section 8306‑B and completion of at least 8,000 work hours in the field of electrical installations. An individual applying pursuant to this subparagraph may take the examination upon graduating from the program and is credited 1,000 work hours in the field of electrical installations. The individual must complete any remaining work hours prior to applying for a journeyman electrician license; (4) Completion of an electrical program at an accredited community college consisting of a 576-hour course of study as adopted by the board and completion of at least 8,000 work hours in the field of electrical installations as a licensed helper electrician. An individual applying pursuant to this subparagraph may take the examination upon completion of the electrical program and is credited 4,000 work hours in the field of electrical installations. The individual must complete any remaining work hours prior to applying for a journeyman license; (5) Completion of a vocational-electrical program of a state department of corrections and completion of at least 8,000 work hours in the field of electrical installations as a licensed helper electrician. An individual applying pursuant to this subparagraph may take the examination upon completion of the vocational-electrical program and is credited 4,000 work hours in the field of electrical installations. The individual must complete any remaining work hours prior to applying for a journeyman license; or (6) Comparable work experience, education or training, or a combination of comparable work experience, education or training, completed within the State or outside the State, that is acceptable to the board. [PL 2023, c. 327, §2 (NEW).] C. Upon passage of the examination, the board may issue the journeyman license to an individual who submits a license application with the required fee, demonstrates proof of any required work hours in the field of electrical installations and provides evidence of completion of a 45-hour course in the National Electrical Code within the 2 years prior to application for licensure. [PL 2023, c. 327, §2 (NEW).] [PL 2023, c. 327, §2 (NEW).]

5. Master electrician. Licensing for a master electrician is governed by this subsection. A. A master electrician may make electrical installations without limitation. A master electrician is responsible for verifying the current licensure of all of that master electrician's employees, if licensure is applicable, prior to and during employment. A master electrician is responsible for any electrical installation that master electrician performs and for the electrical installations of individuals that master electrician supervises at the time of the electrical installations. A master electrician may supervise: (1) Two helper electricians who are enrolled in, or have completed, a 576-hour course of study as adopted by the board; (2) Two apprentice electricians employed by the master electrician; or (3) One helper electrician employed by the master electrician. A master electrician may supervise an unlimited number of licensed journeyman electricians, journeyman-in-training electricians or limited electricians. [PL 2023, c. 327, §2 (NEW).] B. An applicant for a master electrician license must first pass an examination approved by the board. To qualify for the examination, an applicant must submit an examination application with the required fee and provide evidence of one of the following: (1) Completion of at least 12,000 work hours in the field of electrical installations as a licensed helper or apprentice electrician and completion of a 576-hour course of study as adopted by the board; (2) Completion of at least 4,000 work hours in the field of electrical installations as a journeyman electrician and completion of a 576-hour course of study as adopted by the board; (3) Completion of at least 6,000 work hours in the field of electrical installations as a journeyman-in-training electrician and completion of a 576-hour course of study as adopted by the board; or (4) Comparable work experience, education or training, or a combination of comparable work experience, education or training, completed within the State or outside the State, that is acceptable to the board. The board may exercise its discretion to determine if a limited electrician license holder applying for a master electrician's license has adequate experience in all phases of electrical installation to take the examination. A person who holds a journeyman or limited electrician license issued prior to July 1, 1987 is eligible to take the examination for a master electrician license if the person has completed the number of hours of work experience required by this paragraph. [PL 2023, c. 327, §2 (NEW).] C. Upon passage of the examination, the board may issue the master electrician license to a person who submits a license application with the required fee and provides evidence of completion of a 45-hour course in the National Electrical Code within the 2 years prior to application for licensure. [PL 2023, c. 327, §2 (NEW).] [PL 2023, c. 327, §2 (NEW).]

6. Limited electrician. Licensing for a limited electrician is governed by this subsection. A. A limited electrician may make electrical installations authorized by the specific limited electrician license category without limitation. A limited electrician may supervise helper electricians or apprentice electricians only in the performance of electrical installations authorized by the limited electrician's specific limited license category. A limited electrician may supervise: (1) Two helper electricians who are enrolled in, or have completed, a 576-hour course of study as adopted by the board; (2) Two apprentice electricians; or (3) One helper electrician. A limited electrician is responsible for verifying the current licensure of all employees, if licensure is applicable, prior to and during employment. A limited electrician is responsible for any electrical installation work that limited electrician performs and for work of individuals that limited electrician supervises at the time of electrical installation. [PL 2023, c. 327, §2 (NEW).] B. A limited electrician may make only electrical installations authorized by the specific limited license category, as follows: (1) A limited electrician in water pumps is restricted to performing electrical work between the branch circuit overcurrent device, the water pump and associated controls; (2) A limited electrician in outdoor signs, including sign lighting, may not perform electrical work on branch circuit wiring; (3) A limited electrician in gasoline dispensing is restricted to performing electrical work between the branch circuit overcurrent device, the dispenser and associated controls; (4) A limited electrician in traffic signals, including outdoor lighting of traffic signals, is restricted to performing electrical work on traffic signals, including outdoor lighting of traffic signals and the traffic signal electrical service; (5) A limited electrician in house wiring is restricted to performing electrical work in one-family dwellings and 2-family dwellings, including manufactured homes; (6) A limited electrician in refrigeration is restricted to performing electrical work between the branch circuit overcurrent device, the refrigeration equipment and associated controls; (7) A limited electrician in low-energy electronics is restricted to performing electrical work on low-energy electronics as supplied by Class I, II and III limited energy systems, all fire alarm systems and the dedicated branch circuit wiring; and (8) A limited electrician in crane wiring is restricted to the installation of electrical equipment and wiring used in connection with cranes, monorail hoists, hoists and runways. [PL 2023, c. 327, §2 (NEW).] C. The board may require an applicant for a limited electrician license to first pass an examination approved by the board. When an examination is required, an applicant must submit an examination application with the required fee and provide evidence of one of the following, as applicable to the listed limited license category: (1) For water pumps, completion of at least 135 hours of electrical education and 2,000 hours of work experience approved in rules adopted by the board; (2) For outdoor signs, including sign lighting, completion of at least 135 hours of electrical education and 2,000 hours of work experience approved in rules adopted by the board; (3) For gasoline dispensing, completion of at least 135 hours of electrical education and 2,000 hours of work experience approved in rules adopted by the board; (4) For traffic signals, including outdoor lighting of the traffic signals, completion of at least 135 hours of electrical education and 2,000 hours of work experience approved in rules adopted by the board; (5) For house wiring, completed at least 225 hours of electrical education and 4,000 hours of work experience approved in rules adopted by the board; (6) For refrigeration, completion of: (a) At least 270 hours of electrical education and 6,000 hours of work experience approved in rules adopted by the board; or (b) An electrical program in refrigeration from an accredited institution and 6,000 hours of work experience approved in rules adopted by the board. Graduates of an electrical program in refrigeration from an accredited institution are credited with 4,000 hours work experience upon graduation; (7) For low-energy electronics, including fire alarms, completion of at least 270 hours of electrical education and 4,000 hours of work experience approved in rules adopted by the board; or (8) For crane wiring, completion of at least 135 hours of electrical education and 2,000 hours of work experience approved in rules adopted by the board. A person may be eligible for examination under this paragraph by providing evidence of comparable work experience, education or training, or a combination of comparable work experience, education or training, completed within the State or outside the State, that is acceptable to the board. [PL 2023, c. 327, §2 (NEW).] D. The board may issue a limited electrician license to an applicant who submits a license application with the required fee, passes any required examination and provides evidence of completion of a 45-hour course in the National Electrical Code within the 2 years prior to application for licensure. [PL 2023, c. 327, §2 (NEW).] [PL 2023, c. 327, §2 (NEW).]
32 M.R.S. § 7363 — ME Code / Title 32 / Chapter 86 / Section 7363
32 §7363. Prohibitions
Status: in_force

1. Practice without a license. A person may not administer polygraph examinations, purport to be a polygraph examiner or use any other title that would cause members of the public to believe that the person is a polygraph examiner without first securing a license under this chapter. This prohibition does not apply to an employee of the Federal Government who administers polygraph examinations in the course of employment or who purports to be a polygraph examiner in connection with employment. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

2. Prohibited questioning. A polygraph examiner conducting a polygraph examination may not ask any questions pertaining to sexual behavior of any type or questions that could be construed as being sexually oriented, unless the examination is conducted either in the course of a criminal investigation by law enforcement officials or in the course of civil litigation in which sexual behavior is at issue or the examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment. This prohibition does not apply to polygraph examinations for applicants for positions in law enforcement agencies. If the polygraph examination is conducted for the purpose of ensuring compliance with court-ordered sex offender treatment, the results of the examination are not admissible into evidence in a court proceeding. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

3. Political or religious beliefs. A polygraph examiner may not ask questions regarding the political or religious beliefs of any individual during a polygraph examination, except when the examination is conducted in the course of a criminal investigation conducted by law enforcement officials and the political or religious beliefs of the individual may be relevant to that investigation. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]

4. Knowledge and consent. A polygraph examiner may not conduct a polygraph examination without the subject's full knowledge and consent. [PL 2013, c. 316, §3 (NEW); PL 2013, c. 316, §5 (AFF).]
32 M.R.S. § 1736 — ME Code / Title 32 / Chapter 26-A / Section 1736
32 §1736. Enforcement and penalties
Status: in_force

1. Enforcement. The department shall enforce the provisions of this chapter and may inspect, with the consent of the owner or agent, any property or building to accomplish the objectives of this chapter. [PL 1995, c. 656, Pt. A, §11 (AMD).]

2. Violation. Any manufacturer or supplier that violates this chapter commits a civil violation for which a forfeiture of not more than $100 may be adjudged. Each package or packaging component in violation constitutes the basis of a separate offense. [PL 1989, c. 849, §1 (NEW).]
32 M.R.S. § 13784 — ME Code / Title 32 / Chapter 117 / Section 13784
32 §13784. Patient information regulation
Status: in_force

1. Explanation by pharmacist. With each new prescription dispensed, the pharmacist, in addition to labeling the prescription in accordance with the requirements of the State, must orally explain to the patient or the patient's agent the directions for use and any additional information, in writing if necessary, to assure the proper utilization of the medication or device prescribed. For those prescriptions delivered outside the confines of the pharmacy, the explanation shall be by telephone or in writing. This section does not apply to those prescriptions for patients in hospitals or institutions where the medication is to be administered by a nurse or other individual licensed to administer medications or to those prescriptions for patients who are to be discharged from a hospital or institution. [PL 1987, c. 710, §5 (NEW).]

2. Maintenance of current reference material. To ensure that proper information is available to each pharmacist, each pharmacy or pharmacist shall maintain current reference material on drug interactions. [PL 1987, c. 710, §5 (NEW).]

3. Retail price. With each prescription dispensed, the pharmacist shall disclose to the patient in writing the usual and customary price of the prescription and the cost of any payment toward the price required of the patient. [RR 2003, c. 2, §120 (AFF); PL 2003, c. 375, §1 (NEW).]
32 M.R.S. § 14306-H — ME Code / Title 32 / Chapter 127 / Section 14306-H
32 §14306-H. Licensure by endorsement
Status: in_force

Notwithstanding any provision of this chapter to the contrary, the commissioner, 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 commissioner 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, §46 (NEW).]
32 M.R.S. § 2277 — ME Code / Title 32 / Chapter 32 / Section 2277
32 §2277. Persons and practices exempt
Status: in_force

Nothing in this chapter may be construed as preventing or restricting the practice, services or activities of: [PL 1983, c. 746, §2 (NEW).]

1. Licensed persons. Any person licensed in this State by any other law from engaging in the profession or occupation for which the person is licensed; [PL 1997, c. 294, §4 (AMD).]

2. Students or trainees. Any person pursuing a supervised course of study leading to a degree or certificate in occupational therapy at a developing or an accredited or approved educational program, if the person is designated by a title that clearly indicates that person's status as a student or trainee. At the discretion of the supervising occupational therapist, the student or trainee may be assigned duties or functions commensurate with the student's or trainee's education and training. Occupational therapy students and occupational therapy assistant students completing fieldwork may use the letters "O.T.S." and "O.T.A.S." respectively. [PL 1997, c. 294, §4 (AMD).]

3. Supervised fieldworkers. [PL 1997, c. 294, §4 (RP).]

4. Associates; reciprocity. [PL 1991, c. 509, §11 (RP).]

5. Occupational therapy aides. [PL 1991, c. 509, §11 (RP).]
32 M.R.S. § 2594-D — ME Code / Title 32 / Chapter 36 / Section 2594-D
32 §2594-D. Termination of license
Status: in_force

1. Grounds for discipline. A physician associate is subject to the sanction of section 2591‑A , if the associate: A. Claims to be, or permits another to represent that physician associate as a licensed physician; [PL 1993, c. 600, Pt. A, §187 (AMD); PL 2025, c. 316, §3 (REV).] B. Has performed otherwise than at the direction of and under the supervision of a physician licensed by the board; [PL 1983, c. 378, §40 (RPR).] C. Has been delegated and has performed a task beyond that physician associate's competence; [PL 1993, c. 600, Pt. A, §187 (AMD); PL 2025, c. 316, §3 (REV).] [PL 1993, c. 600, Pt. A, §187 (AMD); PL 2025, c. 316, §3 (REV).]

2. Consent to physical or mental examination; objections to admissibility of physician's testimony waived. For the purposes of this section, every physician associate licensed under these rules who accepts the responsibility of rendering medical services in this State by the filing of an application and of annual licensure: A. Is deemed to have given consent to a mental or physical examination when directed in writing by the board; and [PL 1993, c. 600, Pt. A, §187 (AMD).] B. Is deemed to have waived all objections to the admissibility of the examining physician's testimony or reports on the ground that these constitute a privileged communication. [PL 1993, c. 600, Pt. A, §187 (AMD).] Pursuant to Title 4, section 184, subsection 6 , the District Court shall immediately suspend the license of a physician associate who can be shown, through the results of the medical or physical examination conducted under this section or through other competent evidence, to be unable to render medical services with reasonable skill and safety to patients by reason of mental illness, alcohol intemperance, excessive use of drugs or narcotics or as a result of a mental or physical condition interfering with the competent rendering of medical services. [PL 1999, c. 547, Pt. B, §65 (AMD); PL 1999, c. 547, Pt. B, §80 (AFF); PL 2025, c. 316, §3 (REV).]

3. Jurisdiction. [PL 1977, c. 694, §604 (RP).]

4. Enforcement. [PL 1977, c. 694, §604 (RP).]
32 M.R.S. § 3116-B — ME Code / Title 32 / Chapter 45-A / Section 3116-B
32 §3116-B. Continuing education requirements for license renewal
Status: in_force

The board shall establish by rule continuing education requirements as a condition of renewal of a license as authorized under Title 10, section 8003, subsection 5‑A, paragraph D . [PL 2023, c. 317, §9 (NEW).]
32 M.R.S. § 6142 — ME Code / Title 32 / Chapter 80 / Section 6142
32 §6142. Suspension or revocation of registration
Status: in_force

After notice and hearing, the administrator may suspend or revoke a registrant's registration if the administrator finds that: [PL 1997, c. 155, Pt. A, §2 (NEW).]

1. Grounds for denial. A fact or condition exists that, if it had existed at the time when the registrant applied for its registration, would have been grounds for denying the application; [PL 1997, c. 155, Pt. A, §2 (NEW).]

2. Inadequate net worth. The registrant's net worth becomes inadequate and the registrant, after 10 days' written notice from the administrator, fails to take such steps as the administrator determines necessary to remedy the deficiency; [PL 1997, c. 155, Pt. A, §2 (NEW).]

3. Violation. The registrant knowingly violates a material provision of this subchapter or a rule or order validly adopted by the administrator under authority of this subchapter; [PL 1997, c. 155, Pt. A, §2 (NEW).]

4. Safety and soundness. The registrant is conducting its business in an unsafe or unsound manner; [PL 1997, c. 155, Pt. A, §2 (NEW).]

5. Insolvency. The registrant is insolvent; [PL 1997, c. 155, Pt. A, §2 (NEW).]

6. Failure to meet obligations. The registrant has suspended payment of its obligations, made an assignment for the benefit of its creditors, or admitted in writing its inability to pay its debts as they become due; [PL 1997, c. 155, Pt. A, §2 (NEW).]

7. Bankruptcy. The registrant has applied for an adjudication of bankruptcy, reorganization, arrangement or other relief under any bankruptcy; [PL 1997, c. 155, Pt. A, §2 (NEW).]

8. Refusal of examination. The registrant refuses to permit the administrator to make an examination authorized by this subchapter; [PL 1997, c. 155, Pt. A, §2 (NEW).]

9. Failure to respond. The registrant fails to promptly and adequately respond to communications from the administrator; or [PL 1997, c. 155, Pt. A, §2 (NEW).]

10. Failure to report. The registrant willfully fails to make a report required by this subchapter. [PL 1997, c. 155, Pt. A, §2 (NEW).]
32 M.R.S. § 4204 — ME Code / Title 32 / Chapter 63 / Section 4204
32 §4204. Penalties
Status: in_force

1. Administrative penalty. A person who fails to be licensed as required by this chapter, violates the sterilization, sanitation or safety standards adopted by the department under section 4251 or performs tattooing on a minor is subject to an administrative penalty, imposed by the department, of not less than $500 nor more than $1,000 for each violation. Each day the violation remains uncorrected may be counted as a separate offense. [PL 2023, c. 113, §5 (AMD).]

2. Enforcement. A person who fails to pay a penalty imposed pursuant to this chapter: A. May be referred to the Attorney General for appropriate enforcement action; and [PL 2013, c. 264, §14 (NEW).] B. In addition to all fines and penalties imposed pursuant to this chapter, is liable for any interest, costs and fees incurred by the Department of Health and Human Services, including attorney's fees. [PL 2013, c. 264, §14 (NEW).] [PL 2013, c. 264, §14 (NEW).]

3. Grounds for refusal, suspension or revocation. The department may revoke, suspend or refuse to issue or renew a license under this chapter or place a licensee on probation if: A. The applicant or licensee has been convicted of a crime related to the practice of tattooing; [PL 2021, c. 125, §24 (NEW).] B. The applicant or licensee has engaged in any deception or misrepresentation to the department or the public in applying for a license or license renewal under this chapter or in the advertising or practice of tattooing; [PL 2021, c. 125, §24 (NEW).] C. The applicant or licensee has demonstrated negligence or incompetence or has endangered the public in the practice of tattooing; or [PL 2021, c. 125, §24 (NEW).] D. The applicant or licensee has violated a rule adopted by the department under this chapter. [PL 2021, c. 125, §24 (NEW).] [PL 2021, c. 125, §24 (NEW).]

4. Schedule of penalties. The department shall adopt major substantive rules in accordance with Title 5, chapter 375, subchapter 2‑A establishing a schedule of penalties according to the nature and duration of the violation of this section. [PL 2023, c. 113, §6 (NEW).]
32 M.R.S. § 14301 — ME Code / Title 32 / Chapter 127 / Section 14301
32 §14301. Definitions
Status: in_force

As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1991, c. 403, §1 (NEW).]

1. Commissioner. "Commissioner" means Commissioner of Professional and Financial Regulation. [PL 1991, c. 403, §1 (NEW).]

2. Department. "Department" means Department of Professional and Financial Regulation. [PL 1991, c. 403, §1 (NEW).]

3. Massage therapist or massage practitioner. "Massage therapist" or "massage practitioner" means a person who provides or offers to provide massage therapy for a fee, monetary or otherwise. [PL 1997, c. 681, §1 (AMD).]

4. Massage therapy. "Massage therapy" means a scientific or skillful manipulation of soft tissue for therapeutic or remedial purposes, specifically for improving muscle tone and circulation and promoting health and physical well-being. The term includes, but is not limited to, manual and mechanical procedures for the purpose of treating soft tissue only, the use of supplementary aids such as rubbing alcohol, liniments, oils, antiseptics, powders, herbal preparations, creams or lotions, procedures such as oil rubs, salt glows and hot or cold packs or other similar procedures or preparations commonly used in this practice. This term specifically excludes manipulation of the spine or articulations and excludes sexual contact as defined in Title 17‑A, section 251, subsection 1, paragraph D . [PL 1991, c. 548, Pt. E (AMD).]
32 M.R.S. § 18709 — ME Code / Title 32 / Chapter 149 / Section 18709
32 §18709. Data system (WHOLE SECTION TEXT EFFECTIVE 1/01/26)
Status: in_force

(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)

(WHOLE SECTION TEXT EFFECTIVE 1/01/26)

1. Database and reporting system. The commission shall provide for the development, maintenance and utilization of a coordinated database and reporting system containing licensure, adverse action and investigative information on all licensed individuals in member states. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

2. Uniform data set submission. Notwithstanding any other provision of state law to the contrary, a member state shall submit a uniform data set to the data system on all individuals to whom this compact is applicable as required by the rules of the commission, including: A. Identifying information; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] B. Licensure data; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] C. Adverse actions against a licensee or compact privilege; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] D. Nonconfidential information related to alternative program participation; [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] E. Any denial of application for licensure and the reasons for that denial; and [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] F. Other information that may facilitate the administration of this compact, as determined by the rules of the commission. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).] [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

3. Investigative information availability. Investigative information pertaining to a licensee in any member state may be made available only to other party states. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

4. Adverse action information. The commission shall promptly notify all member states of any adverse action taken against a licensee or an individual applying for a license. Adverse action information pertaining to a licensee in any member state must be available to any other member state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

5. Confidential information. Member states contributing information to the data system may designate information that may not be shared with the public without the express permission of the contributing state. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]

6. Information expungement. Any information submitted to the data system that is subsequently required to be expunged by the laws of the member state contributing the information must be removed from the data system. [PL 2023, c. 329, §1 (NEW); PL 2023, c. 643, Pt. DDD, §1 (AFF).]
32 M.R.S. § 2281 — ME Code / Title 32 / Chapter 32 / Section 2281
32 §2281. Waiver of requirements for licensure
Status: in_force

The board shall grant a license to any person who, prior to July 25, 1984, successfully completed an examination administered by the Psychological Corporation under contract with the American Occupational Therapy Certification Board if that person meets the requirements of section 2279, subsection 3 . [PL 2019, c. 287, §12 (AMD).]
32 M.R.S. § 18341-A — ME Code / Title 32 / Chapter 143 / Section 18341-A
32 §18341-A. Criminal history record information; fees
Status: in_force

1. Background check. The board shall request a background check for each person who submits an application for initial licensure or licensure by endorsement as a dentist or a dental hygienist under this chapter. The board shall request a background check for each licensed dentist or licensed dental hygienist who applies for an initial compact privilege and designates this State as the applicant's home state. The background check must include criminal history record information obtained from the Maine Criminal Justice Information System, established in Title 16, section 631 , and the Federal Bureau of Investigation. A. The criminal history record information obtained from the Maine Criminal Justice Information System must include public criminal history record information as defined in Title 16, section 703, subsection 8 . [PL 2025, c. 366, §21 (NEW).] B. The criminal history record information obtained from the Federal Bureau of Investigation must include other state and national criminal history record information. [PL 2025, c. 366, §21 (NEW).] C. An applicant or licensee shall submit to having fingerprints taken. The Department of Public Safety, Bureau of State Police, upon payment by the applicant or licensee of a fee established by the board, shall take or cause to be taken the applicant's or licensee's fingerprints and shall forward the fingerprints to the Department of Public Safety, Bureau of State Police, State Bureau of Identification so that the State Bureau of Identification can conduct state and national criminal history record checks. Except for the portion of the payment, if any, that constitutes the processing fee charged by the Federal Bureau of Investigation, all money received by the Bureau of State Police for purposes of this paragraph must be paid to the Treasurer of State. The money must be applied to the expenses of administration incurred by the Department of Public Safety. Any person who fails to transmit criminal fingerprint records to the State Bureau of Identification pursuant to this paragraph is subject to the provisions of Title 25, section 1550 . [PL 2025, c. 366, §21 (NEW).] D. The subject of a Federal Bureau of Investigation criminal history record check may obtain a copy of the criminal history record check by following the procedures outlined in 28 Code of Federal Regulations, Sections 16.32 and 16.33. The subject of a state criminal history record check may inspect and review the criminal history record information pursuant to Title 16, section 709 . [PL 2025, c. 366, §21 (NEW).] E. State and federal criminal history record information of an applicant for a dentist license or a dental hygienist license may be used by the board for the purpose of screening the applicant. State and federal criminal history record information of a licensed dentist or licensed dental hygienist seeking an initial compact privilege may be used by the board for the purpose of taking disciplinary action against the licensee. A board action against an applicant for licensure or a licensee under this subsection is subject to the provisions of Title 5, chapter 341 . [PL 2025, c. 366, §21 (NEW).] F. Information obtained pursuant to this subsection is confidential. The results of background checks received by the board are for official use only and may not be disseminated to the dentist and dental hygienist compact commission established under section 18438 or to any other person. [PL 2025, c. 366, §21 (NEW).] G. An individual whose license has expired and who has not applied for renewal may request in writing that the Department of Public Safety, Bureau of State Police, State Bureau of Identification remove the individual's fingerprints from the bureau's fingerprint file. In response to a written request, the bureau shall remove the individual's fingerprints from the fingerprint file and provide written confirmation of that removal. [PL 2025, c. 366, §21 (NEW).] [PL 2025, c. 366, §21 (NEW).]

2. Rules. The board, following consultation with the Department of Public Safety, Bureau of State Police, State Bureau of Identification, may adopt rules to implement this section. Rules adopted pursuant to this subsection are routine technical rules as defined in Title 5, chapter 375, subchapter 2‑A . [PL 2025, c. 366, §21 (NEW).]
32 M.R.S. § 15212 — ME Code / Title 32 / Chapter 133 / Section 15212
32 §15212. Examination of accidents
Status: in_force

The chief inspector may examine or cause to be examined the cause, circumstances and origin of all elevator or tramway accidents within the State. Upon request, the chief inspector shall furnish to the proper district attorney the names of witnesses and all information obtained. [PL 2001, c. 573, Pt. B, §19 (AMD); PL 2001, c. 573, Pt. B, §36 (AFF).]
32 M.R.S. § 226 — ME Code / Title 32 / Chapter 3-A / Section 226
32 §226. Exceptions
Status: in_force

1. Practices excepted. Nothing in this chapter may be construed to affect or prevent the practice of: A. Supervision by builders or superintendents employed by those builders of the installation of architectural or landscape architectural projects; [PL 1991, c. 396, §21 (RPR).] B. Marine or naval architects acting within the scope of their profession or occupation; [PL 1991, c. 396, §21 (RPR).] C. Officers or employees of the Federal Government engaged inside the State in the practice of architecture for the Federal Government; [PL 1991, c. 396, §21 (RPR).] D. Any person in the regular employment of a public utility carrying out work incidental to the person's employment; [PL 1991, c. 396, §21 (RPR).] E. Any person who is qualified under section 1251 to use the title "professional engineer" from performing any professional engineering service as authorized in section 1251 . Such service includes, but is not limited to consultation, investigation, evaluation, planning, design and responsible supervision and administration of construction contracts in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works or projects, and technical submissions, provided the person does only architectural or landscape architectural work that is incidental to the person's engineering work; [PL 1991, c. 874, §2 (RPR).] F. Officers or employees of the Federal Government or State Government using the title "transportation landscape architect" in the practice of landscape architecture in connection with their governmental employment; [PL 1991, c. 396, §21 (NEW).] G. The preparation of details and shop drawings, or job-specific interpretations of technical submissions by architects, by persons other than architects, for use in connection with the execution of their work; [PL 1993, c. 389, §16 (AMD).] H. Employees of those practicing lawfully as architects under this chapter from acting under the instructions, control or supervision of their employers; and [PL 1993, c. 389, §16 (AMD).] I. A person who is qualified under this chapter to use the title "certified interior designer" from performing any interior design services. [PL 1993, c. 389, §17 (NEW).] [PL 1993, c. 389, §§16,17 (AMD).]

2. Technical submissions; construction or development. Nothing in this chapter may be construed to prevent any person from preparing technical submissions for, or administering construction contracts in, the erection, construction or development of: A. Detached single or 2-family dwellings, including those to be utilized for home occupations, as defined by local ordinances, and sheds, storage buildings and garages incidental to the dwellings; [PL 1991, c. 874, §3 (AMD).] B. Farm buildings, including barns, silos, sheds or housing for farm equipment and machinery, livestock, poultry or storage, if the structures are designed to be occupied by no more than 10 persons; [PL 1991, c. 874, §3 (AMD).] C. Alterations, renovations or remodeling of a building when the cost of the work contemplated by the design does not exceed 15% of the assessed value of the building or $50,000, whichever is the lesser, or does not require the issuance of a permit under applicable building codes or when the work involves those structures as provided in paragraphs A , B , F , G and H or when the work involves interior design services performed by a certified interior designer; [PL 1993, c. 680, Pt. A, §28 (RPR).] D. [PL 1991, c. 396, §21 (RP).] E. [PL 1991, c. 396, §21 (RP).] F. Buildings that do not have as their principal purpose human occupancy or habitation; [PL 1991, c. 874, §4 (NEW).] G. Single-story, above-grade buildings of less than 1,000 square feet that are designed to be occupied by no more than 10 persons; and [PL 1991, c. 874, §4 (NEW).] H. Preengineered manufactured buildings. For the purposes of this section, "preengineered manufactured building" means a structural unit, other than a dwelling, that is designed by a person licensed as an engineer in the State and is constructed in a manufacturing facility. [PL 1991, c. 874, §4 (NEW).] [PL 1993, c. 680, Pt. A, §28 (AMD).]
32 M.R.S. § 6175 — ME Code / Title 32 / Chapter 80-A / Section 6175
32 §6175. Handling of consumer funds
Status: in_force

1. Funds deposited in trust account. The debt management service provider shall deposit, within 2 business days of receipt, all funds received from or on behalf of a consumer for payment to a creditor or creditors in a federally insured trust account for the benefit of the consumer in a supervised financial organization. Any trust account established to receive consumer funds is free from trustee process and unavailable to creditors of the debt management service provider. [PL 1999, c. 560, §3 (NEW).]

2. Requirements for handling of funds. The debt management service provider shall: A. Maintain separate records of account for each consumer receiving debt management services; [PL 1999, c. 560, §3 (NEW).] B. Remit funds received from or on behalf of a consumer to the consumer's creditor or creditors within 15 business days of receipt of the funds; and [PL 1999, c. 560, §3 (NEW).] C. Correct or remedy any misdirected payments resulting from an error by the debt management service provider and reimburse the consumer for any actual costs or fees imposed by a creditor as a result of such misdirection. [PL 1999, c. 560, §3 (NEW).] [PL 1999, c. 560, §3 (NEW).]

3. Commingling of funds. The debt management service provider may not commingle trust accounts established for the benefit of consumers with any operating accounts of the debt management service provider. [PL 1999, c. 560, §3 (NEW).]
32 M.R.S. § 297 — ME Code / Title 32 / Chapter 5-B / Section 297
32 §297. Real estate brokerage
Status: in_force

If an auctioneer engages in real estate brokerage, the auctioneer must be licensed under chapter 114 , except that a real estate license is not required if the auctioneer is hired to call bids on real estate being sold at an auction and the auctioneer does not prepare contracts or otherwise control the actual sale or take custody of any part of the purchase price. [PL 1999, c. 146, §5 (NEW).]
32 M.R.S. § 556 — ME Code / Title 32 / Chapter 9 / Section 556
32 §556. License
Status: in_force

An individual may not render ancillary services under section 555 until that individual has received a chiropractic assistant license or a temporary license issued by the board, either of which is renewable. The applicant must pay a license fee as set under section 558 . The board shall adopt rules regarding the training and licensure of individuals permitted to render ancillary services under section 555 . [PL 2007, c. 402, Pt. H, §13 (AMD).]
32 M.R.S. § 3279 — ME Code / Title 32 / Chapter 48 / Section 3279
32 §3279. Interns; residents; visiting instructors
Status: in_force

1. Interns. [PL 2003, c. 601, §7 (RP).]

2. Residents. An applicant who is qualified under section 3271, subsection 1 may receive a temporary educational certificate from the board to act as a hospital resident. A certificate to a hospital resident may be renewed every 3 years at the discretion of the board for not more than 7 years. [PL 2003, c. 601, §8 (AMD).]

2-A. Joint-program resident. An applicant who is enrolled in a program of medical and graduate medical training conducted jointly by a medical school accredited by the Liaison Committee on Medical Education and a graduate medical education program approved by the Accreditation Council on Graduate Medical Education may receive a temporary educational certificate from the board to act as a hospital resident as part of that graduate medical education program if the applicant is concurrently enrolled in the final year of medical training and the initial year of graduate medical education. The board may not issue a certificate pursuant to this subsection for a period longer than that required to obtain the M.D. degree. The period during which the certificate is in force may not be considered in determining satisfaction of the requirement for postgraduate medical education under section 3271, subsection 2 . [PL 1995, c. 337, §2 (NEW).]

3. Conditions of certification. An applicant for a temporary educational certificate may not be certified unless the board finds that the applicant is qualified and that there exists no cause, as set forth in section 3282‑A , that would be considered grounds for disciplinary action against a licensed physician or surgeon. The board, in its discretion, may require an examination for applicants for temporary educational certificates. Recipients of these certificates are entitled to all the rights granted to physicians who are licensed to practice medicine and surgery, except that their practice is limited to the training programs in which they are enrolled. A temporary educational certificate may be suspended or revoked, or the board may refuse to renew the certificate, for the reasons stated in section 3282‑A , or if the intern or hospital resident has violated the limitations placed upon the intern's temporary educational certificate. [PL 1993, c. 600, Pt. A, §215 (AMD).]

4. Visiting instructors. A physician who has an unrestricted license to practice medicine or surgery in another state may practice medicine or surgery in this State when the physician is performing medical procedures as part of a course of instruction in graduate medical education in a hospital located in this State. The right of a visiting medical instructor to practice medicine in this State may be suspended or revoked for the reasons stated in section 3282‑A , or if the visiting medical instructor has performed medical procedures that are not a part of a course of instruction. [PL 1993, c. 600, Pt. A, §215 (AMD).]

5. Contract students. An applicant who is qualified under section 3271, subsection 1 , who received a medical education as a contract student as provided in Title 20‑A, chapter 421 , and who agrees to practice in a primary care or other specialized area as defined in Title 20‑A, section 11803, subsection 2 , or an underserved area as defined in Title 20‑A, section 11802 , is considered to have completed the postgraduate training requirements of section 3271, subsection 2 , upon satisfactory completion of at least 12 months in a graduate educational program approved as specified in section 3271 . The board may make the relicensure of an individual for 4 years after the individual's licensure under this subsection contingent on the individual's continuing to practice in an underserved area. This subsection applies only to individuals entering into a contract under Title 20‑A, chapter 421 , on or before December 31, 1984. [PL 1993, c. 600, Pt. A, §215 (AMD).]

6. Fees. The board shall set fees for physicians and students licensed pursuant to this section. The amounts set for licenses issued under this section may not be more than $300. [PL 2003, c. 601, §8 (AMD).]