An Act To Make Technical Changes to Statutes Regarding Regulatory Boards and Registrations
Maine Legislature, Session 121, LD 1506
Committee: Business, Research and Economic Development
Sponsors: SULLIVAN, SHOREY
Amends: 9 MRSA §5010, 10 MRSA §8003, 32 MRSA §1152, 32 MRSA §1153-A, 32 MRSA §1156, 32 MRSA §3117-A, 32 MRSA §12228, 32 MRSA §12240, 32 MRSA §15102, 32 MRSA §2102, 32 MRSA §2103, 32 MRSA §2201, 32 MRSA §2251-A

Legislative Document 
No. 1506 
H.P.I099 
House of Representati ves, April 1, 2003 
An Act To Make Technical Changes to Statutes Regarding 
Regulatory Boards and Registrations 
Submitted by the Department of Professional and Financial Regulation pursuant to Joint 
Rule 204. 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
Presented by Representative SULLIVAN of Biddeford. 
Cosponsored by Senator SHOREY of Washington. 
Printed on recycled paper 
~~1?1.1J2d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A·l. 9 MRSA §5010, as amended by PL 1981, c. 456, Pt. A, 
§36, is further amended to read: 
§5010. 
Annual report by commissioner 
The commissioner shall annually, prior to 
~eB:Hl.a!'y December 
1st, make a report to the Governor and the Legislature on the 
activities of charitable organizations within this State, based 
on the information filed under this chapter. 
PARTB 
Sec. B·l. 10 MRSA §8003, sub·§5, ,C, as amended by PL 1999, c. 
386, Pt. B, §4, is further amended to read: 
c. 
The bureau, office, board or commission may: 
(1) 
Require all applicants for license or registration 
renewal to have responded under oath to all inquiries 
set forth on renewal forms; 
(2) 
Require applicants 
for license or registration 
renewal to present proof of satisfactory completion of 
continuing professional or occupational education in 
accordance with each bureau's, office's, board's or 
commission's 
rules. 
Failure 
to 
comply 
with 
the 
continuing 
education 
rules 
may, 
in 
the 
bureau's, 
office's, board's or commission's discretion, result in 
a decision to deny license or registration renewal or 
may 
result in a 
decision to enter into 
a 
consent 
agreement 
and 
probation 
setting 
forth 
terms 
and 
conditions to correct the licensee's or registrant's 
failure to complete continuing education. 
Terms 
and 
conditions of a consent agreement may include requiring 
completion of increased hours of continuing education, 
civil penalties, 
suspension and other terms 
as 
the 
bureau, 
office, 
board, 
commission, 
the 
licensee 
or 
registrant and the Department of the Attorney General 
determine 
appropriate. 
Notwithstanding 
any 
contrary 
provision set forth in a bureau's, office's, board's or 
commission's 
governing 
law, 
continuing 
education 
requirements 
may 
coincide 
with 
the 
license 
or 
registration renewal period; 
(3) 
Refuse to renew a license or registration or deny 
a license when the bureau, office, board or commission 
Page l-LR1923(1) 
l4 
finds a licensee or registrant to be in noncompliance 
with a bureau, office, board or commission order or 
consent agreement; 
(4) 
Allow licensees or registrants to hold inactive 
status licenses or registrations in accordance with 
each 
bureau's, 
office's, 
board's 
or 
commission's 
rules. 
The fee for an inactive license or registration 
may not exceed the statutory fee cap established for 
the bureau's, office's, board's or commission's license 
or registration renewal set forth in its governing law; 
or 
(5) 
Delegate to staff the authority to review and 
approve 
applications 
for 
licensure 
pursuant 
to 
procedures 
and criteria established by rule. 
Rules 
developed pursuant to this subparagraph are routine 
technical rules as described in Title 5, chapter 375, 
subchapter ~~-A 2-A. 
PARTC 
Sec. C-l. 32 MRSA §1152, as amended by PL 1995, c. 397, §29, 
is further amended to read: 
§1152. 
Emp10yees 
AS-~~~-ffiaY-~Re£e-~-8&W&F-~saR-~~~~~~-iRs~eeSets 
se-€atFy-e~~-~~~~~-~~~~~~r--~-9&aF4-shall-taise 
f~RaS-~-~e€e~~a£y--~-~~--she-~~-e~--i~&-~~-aRa 
sheit-aaffiiRisstasive-s~~petST 
Electrical 
inspectors 
ap~eiRsea--~Raet--ssis--seesieR have 
powers throughout the several counties of the State, similar to 
those of sheriffs in their respective counties, 
relating to 
enforcement of this chapter and rules aRa-Fe§~la~ieR6-pFeffi~l§asea 
SSete~Raet adopted under this chapter. 
These powers are limited 
to the power to conduct investigations, issue citations, serve 
summonses and order corrections of violations in accordance with 
specific statutory authority. 
Sec. C-2. 32 MRSA §1153-A, as repealed and replaced by PL 
1973, c. 363, is repealed and the following enacted in its place: 
§1153-A. 
Standards: installation 
The board shall establish by rule technical standards for 
the proper installation of electrical equipment. 
These standards 
must conform as nearly as practicable to the National Electrical 
Code, 
National Fire Protection Association standard #70. 
The 
installation of the electrical equipment must also comply with 
the 
applicable 
statutes 
of 
the 
State 
and 
all 
applicable 
ordinances, orders, rules and regulations of any city or town 
where 
the 
installation 
is 
being 
performed. 
Rules 
adopted 
pursuant to this section are routine technical rules as defined 
in Title 5, chapter 375, subchapter 2-A. 
Sec. C-3. 32 MRSA §1156, as repealed and replaced by PL 1973, 
c. 363, is repealed. 
PARTD 
Sec. D-l. 32 MRSA §3117-A, last" as enacted by PL 1983, c. 
413, §139, is repealed. 
PARTE 
Sec. E-l. 32 MRSA §12228, sub-§4, as amended by PL 1999, c. 
245, §4, is further amended to read: 
4. 
Examination. 
~he--eKaffiiRa~ieB--~~-~-~--a&--a 
eeBai~ieB-fe£-~he-~~~~~-~~~~-iGat~~~-ia-wFi~ia~-eF 
iB-~le-e-&FG-a-w--f-<H:'-fA-,..-mu&t--ae--hela--t,w.kJ.e.-~--yea£--aRe.--fR\:lS~ An 
applicant is required to pass an examination administered by the 
board to test the applicant's 
knowledge 
of 
the subjects of 
accounting and auditing and such other related subjects as the 
board may specify by rule in order to qualify for a certificate. 
Rules adopted pursuant to this section are routine technical 
rules as defined in Title 5, chapter 375, subchapter II-A 2-A. 
~he-~~~-f-<H:'--h&~i~-~he-~~~~~~-ae-fiKee.-~-&h&-aeara 
aBa-fRay-~~-~~-&ifRe-~e-~ime,--~~~~-&aa~~-preseriae 
aY--~~~--~--fRe~heas--~--~~y~~--fer--~-~~--~he 
eHafRiBa~ieBT-iBe~QaiR~-~h0Q£-~~-~~~~r&-aaQ-ae~erfRiBiB~ 
a--¥a&&i~-~~-~~~~-ef--aa-~~~-~~--a--eeF~ifiea~eT 
eHeep~-~~--~-aearaT-~~-&h&-eK~eR~-~~~--&hall-£ee-~~-i~ 
~ha~-~~~~aGi~-e~-~~-eHafRiBa~ieB-~-&&e-~££iR~-~~-are 
\:lBiferfR-Wi~h-~~~~~~~-~~~~~&&e~-&~a~es~ The board may 
make the use of all or any part of the Uniform 
eeF~ifiea-fHia±ie 
aeee\lR~aB~ Certified 
Public 
Accountant 
Examination 
and 
the 
Advisory Grading Service of the American Institute of 
eer~ifiea 
F\:lalie--aeee\lB~aR~S Certified Public 
Accountant 
or 
any 
other 
examination approved by the board and may contract with 3rd 
parties to perform such administrative services with respect to 
the examination as it considers appropriate to assist it in 
performing its duties under this section. 
Sec. E-2. 32 MRS A §12228, sub-§5, as repealed and replaced by 
PL 1997, c. 265, §4, is repealed. 
Sec. E-3. 32 MRSA §12228, sub-§7, as amended by PL 1997, c. 
265, §5, is further amended to read: 
7. 
Waiver. 
The board may, in particular cases, waive or 
defer any of the requirements of 
s~9see-t.-ie&6--5--a!lEl subsection 6 
regarding the circumstances in which the various sections of the 
examination must be passed upon a 
showing that, by reason of 
circumstances beyond the applicant's control, the applicant was 
unable to meet that requirement. 
Sec. E-4. 32 MRSA §12240, sub-§4, as amended by PL 1999, c. 
245, §7, is repealed and the following enacted in its place: 
4. 
Examination. 
An 
applicant is 
required 
to 
pass 
an 
examination administered by the board to test the applicant's 
knowledge of the subjects of accounting and auditing and such 
other related subjects as the board may specify by rule in order 
to be qualified for a certificate. 
Rules adopted by the board 
under this section are routine technical rules as defined in 
Title 5, chapter 375, subchapter 2 A. 
The board may contract 
with 3rd parties to perform those administrative services with 
respect to the examination as it considers appropriate to assist 
it in performing its duties under this section. 
Sec. E-5. 32 MRSA § 12240, sub-§5, as amended by PL 1995, c . 
353, §25, is repealed. 
PARTF 
Sec. F -1. 32 MRSA § 14804, sub-§ 1, as enac ted by PL 1995, c . 
389, §4, is amended to read: 
1. 
Rules. 
The board shall adopt rules necessary for the 
proper 
performance 
of 
its 
duties 
pursuant 
to 
the 
Maine 
Administrative 
Procedure 
Act 
to 
implement 
the 
licensure 
requirements established by this Act, 
which 
may 
include the 
following: 
A. 
Reasonable 
standards 
equivalent and experience 
licensure; and 
regarding 
requirements 
education 
or 
for applicants 
B. 
Reasonable standards for license renewal. 
its 
for 
The board shall es-t.a9JisR--bj!'--l'1*l,e MQR.t technical standards for 
the proper installation and servicing of propane and natural gas 
equipment by rule. 
~Rese--&t-anda-r--ds--fR~s-t.--he--iB-~..£1.a.n.o&-wi-t.R 
~Re-~~~-FiFe-~l'Gt~~-A££~~~~~-S~aa4al'G&r-~~-94 
aBEl-~~-aay-~~Ela-t.es-~-~~-s~aBElaFElsT 
The board may adopt 
by rule national or other technical standards, in whole or in 
~ 
it EisEle considers necessary to carry out the mandates of 
this chapter. 
PARTG 
Sec. G·I. 32 MRSA §15102, sub·§2, tJ, as amended by PL 1999, c. 
386, Pt. W, §4, is further amended to read: 
J. 
Pressure vessels that do not exceed: 
(1) 
Five cubic feet in volume eli and 250 pounds per 
square inch gauge pressure; 
(2) 
One and 1/2 cubic feet in volume and 600 pounds 
per square inch gauge pressure; or 
(3) 
An inside diameter of 6 inches with no limitation 
on pressure; or 
PARTH 
Sec. H·I. 32 MRSA §2102, sub·§2.A, ,A, as enacted by PL 1995, 
c. 379, §4 and affected by §ll, is repealed. 
Sec. H·2. 32 MRSA §2103, sub-§4, as amended by PL 1993, c. 
600, Pt. A, §113, is further amended to read: 
4. 
Licensure 
in 
another 
state 
or 
jurisdiction. 
practice of: 
The 
A. 
Nursing by a registered nurse or a licensed practical 
nurse currently licensed in another state or United States 
territory for a period of 90 days pending licensure in the 
State if the nurse, 
upon 
employment, 
has 
furnished 
the 
employer with satisfactory evidence of current licensure in 
another state or United States territory and 
the 
nurse 
furnishes 
a 
letter of 
authorization 
to 
the 
prospective 
employer of having submitted proper application and fees to 
the board for licensure prior to employment; 
B. 
A currently licensed nurse of another United States 
jurisdiction or foreign country who is providing educational 
programs or consultative services within this State for a 
period not to exceed a total of 21 days per year; 
C. 
A currently licensed nurse of another state who 
is 
transporting patients into, out of or through this State. 
The exemption is limited to a period not to exceed 48 hours 
for each transport; eli 
D. 
Nursing in this State by a currently licensed nurse 
whose 
employment 
was 
contracted outside this 
State but 
requires the nurse to accompany and care for the patient 
while in this State. 
This practice is limited to the 
particular patient to 3 months within one year and is at the 
discretion of the board; or 
E. 
Nursing by 
a 
registered nurse or licensed practical 
nurse 
currently licensed in 
a 
jurisdiction outside 
the 
United States or its territories for a period not to exceed 
days pending receipt of a United States social security 
number as long as all other requirements for licensure have 
been submitted and verified and the registered or licensed 
nurse has furnished upon employment satisfactory evidence of 
current licensure in another jurisdiction and the nurse 
furnishes 
a 
letter of 
authorization to 
the prospective 
employer of having submitted proper application and fees to 
the board for licensure prior to employment; 
Sec. H-3. 32 MRSA §2103, sub-§6, as amended by PL 1993, c. 
600, Pt. A, §113, is further amended to read: 
6. 
Nursing services; 
practice of religious principles_ 
±Ri6-€R~~€~-~~~~h~&~~-aa~sia~ Nursing services performed 
in accordance with the practice of the religious principles or 
tenets of a church or denomination that relies upon prayer or 
spiritual means alone for healingT~ 
Sec. H-4. 32 MRSA §2103, sub-§7 is enacted to read: 
7. 
Nursing 
services 
by 
successful 
candidates 
of 
the 
National Council of State Boards of Nursing, 
Inc.' s 
National 
Council · s 
Learning 
Extension 
licensure 
examination 
pending 
receipt of United States social security number. 
The practice of 
nursing for a period not to exceed 90 days by an applicant for 
licensure as a registered professional nurse or practical nurse 
who has passed the National Council of State Boards of Nursing, 
Inc. 's 
National 
Council's 
Learning 
Extension 
licensure 
examination and has met all requirements for licensure except 
obtaining a United States social security number, as required by 
Title 36, section 175. 
Sec. H-5. 32 MRSA §2201, sub-§2, as amended by PL 1993, c. 
600, Pt. A, §126, is repealed. 
Sec. H-6. 32 MRSA §2251-A, sub-§l, as amended by PL 1993, c. 
600, Pt. A, §133, is repealed. 
SUMMARY 
The bill makes technical changes in 6 board statutes and one 
registration statute involving the Department of Professional and 
Financial Regulation as well as a change regarding the ability of 
a licensing board to deny an application for licensure when an 
applicant has failed to comply with a board order or consent 
agreement. 
Part 
A 
changes 
commissioner's 
report 
solicitation activity to 
the 
submission 
deadline 
for 
the 
to 
the 
Legislature 
on 
charitable 
capture one full year of activity. 
Part B extends a 
licensing board's authority to deny an 
original 
or 
renewal 
license 
to 
an 
applicant 
who 
is 
in 
noncompliance with a board order or consent agreement. 
Part C repeals the outdated provision requiring a specific 
number of electrical inspectors and permits the Electricians' 
Examining 
Board 
to 
adopt, 
through 
rulemaking, 
appropriate 
exceptions to national codes as provided by the codes. 
Part D repeals unnecessary complaint provisions for physical 
therapists. 
Part E changes the passing criteria for certified public 
accountant examinations to accommodate computer-based testing. 
Part F permits the Propane and Natural Gas Board to adopt, 
through rulemaking, appropriate exceptions to national codes as 
provided by the codes. 
Part G changes the exemption from the definition of "boiler" 
for certain types of pressure vessels that are regulated by the 
Propane and Natural Gas Board. 
Part H makes technical changes to the laws governing nurses 
and nursing in the Maine Revised Statutes, Title 32, chapter 31. 
Part H permits nurses who have passed the National Council 
of State Boards of Nursing, Inc.' s National Council's Learning 
Extension examination or who 
are licensed in a 
United States 
territory or a foreign jurisdiction and who have met all other 
requirements for licensure to practice nursing in this State for 
up to 90 days while awaiting the issuance of a social security 
number. 
In addition, Part H eliminates the requirement that an 
applicant for licensure as a registered professional nurse have a 
high school diploma or the equivalent since all applicants must 
have completed a course of study of not less than 2 years in an 
approved program in professional nursing and hold 
a 
degree, 
diploma or certificate from that program.