An Act To Update Professional and Occupational Licensing Laws
Maine Legislature, Session 122, LD 1524
Committee: Business, Research and Economic Development
Sponsors: FARRINGTON, BROMLEY, AUSTIN, RECTOR, DOW
Amends: 5 MRSA §530, 5 MRSA §5303, 32 MRSA §1101, 32 MRSA §4861, 32 MRSA §4864, 32 MRSA §4865-A, 32 MRSA §12228, 32 MRSA §12252, 32 MRSA §14701, 32 MRSA §14805

Legislative Document 
No. 1524 
H.P.1071 
House of Representatives, March 31, 2005 
An Act To Update Professional and Occupational Licensing Laws 
Reference to the Committee on Business, Research and Economic Development suggested 
and ordered printed. 
17/~ 
/J7.77!d£~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative FARRINGTON of Gorham. (GOVERNOR'S BILL) 
Cosponsored by Senator BROMLEY of Cumberland and 
Representatives: AUSTIN of Gray, RECTOR of Thomaston, Senator: DOW of Lincoln. 
Printed on recycled paper 
Be it enacted by the People of the State of Maine as follows: 
PART A 
Sec. A-I. 5 MRSA §530I, sub-§2, ~E, as repealed and replaced 
by PL 1995, c. 625, Pt. A, §ll, is amended to read: 
E. 
Convictions for which incarceration for less than one 
year may be imposed and that involve sexual misconduct by an 
applicant 
for 
massage 
therapy 
licensure 
or 
a 
licensed 
ma§sage therapist or an applicant or licensee of the Board 
of 
Licensure 
in 
Medicine, 
the 
Board 
of 
Osteopathic 
Licensure, the Board of Dental Examiners, the State Board of 
Examiners of Psychologists, the State Board of Social Worker 
Licensure, the Board of Chiropractic Licensure, the State 
Board of Examiners in Physical Therapy, the State Board of 
Alcohol and Drug Counselors, the Board of Respiratory Care 
Practitioners, 
the 
Board 
of 
Counseling 
Professionals 
Licensure, the Board of Occupational Therapy Practice, the 
Board 
of 
Examiners 
on 
Speech-language 
Pathology 
and 
Audiology, the Board of Hearing Aid Dealers and Fitters, the 
Radiologic Technology Board of Examiners, the Nursing Home 
Administrators Licensing Board, 
the Board of Licensure of 
Podiatric Medicine, the Board of Complementary Health Care 
Providers, 
the 
Board of Trustees of 
the Maine 
Criminal 
Justice 
Academy, 
the 
State 
Board 
of 
Nursing 
and 
the 
Emergency Medical Services' Board. 
Sec. A-I. 5 MRSA §5303, sub-§2, as repealed and replaced by PL 
1995, c. 625, Pt. A, §12, is amended to read: 
2. 
Ten-year limits. 
For applicants to and licensees and 
registrants of the Board of Licensure in Medicine, the Board of 
Osteopathic Licensure, the Board of Dental Examiners, the State 
Board of Examiners of Psychologists, the State Board of Social 
Worker 
Licensure, 
the State Board of Nursing, 
the 
Board of 
Chiropractic 
Licensure, 
the 
Board 
of 
Trustees 
of 
the 
Maine 
Criminal 
Justice 
Academy, 
the 
State 
Board 
of 
Examiners 
in 
Physical Therapy, the State Board of Alcohol and Drug Counselors, 
the 
Board 
of 
Respiratory 
Care 
Practitioners, 
the 
Board 
of 
Counseling Professionals Licensure, 
the Board of Occupational 
Therapy Practice, 
the 
Board 
of 
Examiners 
on 
Speech-language 
Pathology and Audiology, the Board of Hearing Aid Dealers and 
Fitters, 
the 
Radiologic 
Technology 
Board 
of 
Examiners, 
the 
Nursing 
Home 
Administrators 
Licensing 
Board, 
the 
Board 
of 
Licensure 
of Podiatric Medicine, 
the 
Board 
of 
Complementary 
Health Care Providers, and the Emergency Medical Services' Board 
and applicants for massage therapy licensure or licensed massage 
therapists, the following apply. 
Page l-LR2137(l) 
• 
• 
.. 
• 
A. 
The procedures outlined in sections 5301 and 5302 for 
the consideration of prior criminal conviction as an element 
of fitness 
to practice 
a 
licensed profession, 
trade or 
occupation apply within 
years 
of 
the applicant's or 
licensee's final discharge, if any, 
from the correctional 
system. 
B. 
Beyond the 10-year period, ex-offender applicants or 
licensees with no additional convictions must be considered 
in the same manner as applicants or licensees possessing no 
prior 
criminal 
record 
for 
the 
purposes 
of 
licensing 
decisions. 
C. 
There is no 
time limitation for consideration of 
a 
registrant's, an applicant's or licensee's conduct that gave 
rise to the criminal conviction if that conduct is otherwise 
a ground for disciplinary action. 
PARTB 
Sec. B-1. 32 MRSA §1101, sub-§4-A, "A and B, as enacted by PL 
1983, c. 413, §32, are amended to read: 
A. 
School administrative units; and 
B. 
Nonprofit organizationst-aaai 
Sec. B-2. 32 MRSA §1101, sub-§4-A, ,C, as amended by PL 1995, 
c. 325, §5, is repealed. 
PARTC 
Sec. C-l. 32 MRSA §4861, sub-§5, ,B, as amended by PL 2003, c. 
251, §2, is further amended to read: 
B. 
Has 
paid 
the 
app~ieaEiea required 
examination 
and 
license fees fee as set under section 4863-A; 
Sec. C-2. 32 MRSA §4864, sub-§9, as repealed and replaced by 
PL 1977, c. 78, §187, is amended to read: 
9. 
Cruelty to animals. The performance of any inhumane or 
cruel act, as established by the board 
ia--a€-€-EH"-€lan£.e--w-i-t-h--~iE~e 
n.,.--cll-apt.~--4J--and--.;r.,i-t.,l-e--]"7--A-r-~-i-£H}--9*'h and by applicable 
civil and criminal laws and rules in the treatment or care of any 
animal; 
Sec. C-3. 32 MRS A §4865, as amended by PL 1993, c. 404, Pte 
A, §10, is further amended to read: 
§4865. Veterinary technicians 
A qualified person desiring registration as 
a 
veterinary 
technician, as defined in section 4853, subsection 11, shall make 
Wl:'iU;eR submit a completed application to the board, 
.fll:'eviaiR~ 
together with such information as the board requires and the 
required examination and license fee pursuant to section 4863 A. 
A~~-~~-inar~-~e€ARi€iaRs-~&-~~~~~~--aaa~ally-~-e~ 
ae~el:'e--Se.fl~emaeF--~~~hr-~~-~-~~--~~-~€~J~£a~€~--ay--tBe 
eemmissieRe~T--aaG-~-~€~J~~~a~J€£--myst--9&-~~-~--a 
l:'el:'e~is~l:'a~ieR-~eeT 
Sec. C-4. 32 MRSA §4865-A, sub-§8, as repealed and replaced by 
PL 1975, c. 740, §132, is amended to read: 
8. 
Cruelty 
to 
animals. 
The 
performance 
of 
any 
aet: 
.fl~eBiai~ee-BY-~~~~~-~~r-&ee~~a-§lG inhumane or cruel act, as 
established by the board and by applicable civil and criminal 
laws and rules in the treatment or care of any animal; 
PART D 
Sec. D-I. 32 MRSA §12228, sub-§3, 1[A, as amended by PL 1999, 
c. 245, §3, is repealed. 
Sec. D-2. 32 MRSA §12228, sub-§3, 1[8, as amended by PL 1999, 
c. 245, §3, is further amended to read: 
688, 
B. 
A~~eF-Qe~eaeF-lT-dGGdT-at: At least 150 semester hours of 
education, 
including 
a 
m~n~mum 4-year 
baccalaureate 
or 
higher 
degree 
conferred 
by 
a 
college 
or 
university 
acceptable to the board, the total educational program to 
include basic courses in accounting and auditing determined 
to be appropriate under board rules. 
Rules adopted by the 
board pursuant to this paragraph are routine technical rules 
as defined in Title 5, chapter 375, subchapter ±±-A 2-A; and 
Sec. D-3. 32 MRSA §12228, sub-§10, as 
Pt. 
C, 
§21, 
is further 
amended 
amended by PL 2003, c. 
by 
amending 
the first 
paragraph to read: 
10. 
Experience. 
gYl:'iR~--~£€--~--~~~--immeeiase~y 
~e~~ewiR~-~~~-~~--199+T--~-~~~-sBa~~-~-~~--sBe 
a.fl.fl~ieaRS-AaS-AaQ-~-~~~~-~~~-~~~-~Fae~iGe-ef-.flYB~ie 
aeee~RsaRey-e~-J~~-~~~~-~-~-~~~~a~&-~Fe&eFiaee-ay 
sBe--~r~--~---F~ler--~,---if---~h&--~4~~~~--eayea~ieRa~ 
~~a~i~ieasieRs-iR€J~ae-a-~~~~~~~~~~~-a-eelle~e-e~ 
YRive~sisy--a~~e¥€Q--~-~~--aeaFer--~AeR--~~--~--yeaF--e£ 
eH.flel:'ieRee-iR-~£a~-~~~4~~--it~~~~~&-i&-Fe~~iFear--A£t:e~ 
.. 
• 
• 
Geteee£-~~-~~r-EeF For initial issuance of a certificate under 
this 
subsection, 
an 
applicant 
shall 
demonstrate 
years 
of 
experience under the direction of 
a 
,l,ieeBsee certified public 
accountant licensed by 
any state or territory of the United 
States or equivalent direction, as determined by the board, by a 
licensed professional in another country and saa,l,,l, ~ 
meet the 
other 
requirements 
prescribed 
by 
the 
board 
by 
rule. 
The 
applicant's experience must 
include the use of accounting or 
audi ting skills, including the issuance of reports on financial 
statements, and at least one of the following: 
the provision of 
management advisory, 
financial advisory or consulting services; 
the preparation of tax returns: the furnishing of advice on tax 
matters; or equivalent activities defined by the board by rule. 
Board 
rules 
adopted pursuant to this 
subsection are 
routine 
technical rules as defined in Title 5, chapter 375, subchapter 
2-A. 
To the extent the applicant's experience is as a revenue 
agent or in a 
similar position engaged in the examination of 
personal 
and corporate income 
tax returns 
for 
the Bureau of 
Revenue Services, the applicant receives credit at the rate of 
50°-0 toward the experience required by this subsection. 
To the 
extent the applicant's experience is as an examiner engaged in 
financial examinations for the Bureau of Insurance, the applicant 
receives credit under this subsection if that experience meets 
the following standards: 
Sec. D-4. 32 MRSA § 12251, sub-§4, as amended by PL 1999, c. 
245, §8, is further amended to read: 
4. 
Out-of-state certificates. 
The 
board shall issue 
a 
permit 
to 
a 
holder 
of 
a 
certificate as 
a 
certified public 
accountant or a public accountant issued by another state upon 
showing that: 
AT---~Re--~~~€~£~--~-~~-~~~~--F~~i~--EeF 
iSSQaBee-ef-~£€-~~~~~~~~~~~~~~~~-~~~-aa¥e-eeeB 
passiB~-~FaQeS-at-tae-time-iB-tais-Statet 
B. 
The applicant: 
(1) 
Meets all current requirements in this State for 
issuance of a certificate at the time the application 
is made; 
(2) 
At the time 
certificate 
in 
requirements then 
of the issuance of the applicant's 
the 
other 
state, 
met 
all 
the 
applicable in this State; eF and 
~~}--~-~-y~~--ef--e~peFieaee--~-~~-~~~£~~£€--eE 
PQe±ie-~~-e~-~~i¥a1ea&-~~~-Fe~QiFemeBts 
pFeSeFieeQ--&Y-~~-~~B--eY--F~1er-~~~--~££~£~--tae 
eHamiaaEiea-~-wai€a--~-~~~~~~~~~-wa&-~-aaa 
wiEhia---&h&---~--~~--~~~~~---~£e€eQi£~---Ehe 
a~plieaEieat-aaa 
(4) 
Was eligible to take and passed the examination 
required for issuance of the certificate with grades 
that would have b~en passing grades at the time in this 
State; 
C. 
The applicant meets the requirements of subsection 3, 
paragraph BTL-Q£ 
D. 
The applicant had 4 years of experience in the practice 
of public accountancy or equivalent meeting requirements 
prescribed 
by 
the 
board 
by 
rule, 
after 
passing 
the 
examination upon which the certificate is based and wi thin 
the 10 years preceding the submission of the application. 
Sec. D·5. 32 MRSA §12252, sub·§8, as enacted by PL 1999, c. 
619, §3, is amended to read: 
8. 
Peer 
review for certified public 
accountancy firms. 
g~~eeEiye-~a&~a~y-~,--~~~~~--Ehe--~a~-~~~-£e~~~~~--a6 As 
a 
condition to the granting or renewal of permits to certified 
public accountancy firms, 
EhaE each applicant that provides a 
defined 
service 
other 
than 
compilations 
~ successfully 
participate in an approved peer review program. 
Participation in 
such a program is governed by the following. 
A. 
I~--&he--~~~-~~~-~-~~~-~e~¥~£e--e~ae£--Ehaa 
eempilaEiea6-as-e~-~~~~~-~~-~~~&~~~~a&&~~-e~-~i~sE 
~eaewal--~~-~-~~-~-~-~~~-a££e~£~a££y--fi£m~5--pe~miE 
~ellewia~--~eeemge~--19T--6gggT--a A peer 
review 
must 
be 
completed wi thin 18 months after the initial granting 9l:' 
~i~s~--~&ewal of the permit 
~ellewia~-~F--~-!h--6ggg. 
AtiEef'-~--19T-~,--Ehe The firm must undergo a peer 
review every 3 years for as long as it provides a defined 
service other than compilations. 
~he-~~~ffi-~-&a&~&~y-Ehi6 
~e~aif'emeaE--~--~~--eYiaeaee--~~--~~--6aEi6~aeE9l:'Y 
eempleEiea--e~-~-~-~~~-~~~~-~~--meR~a5--~f'ief'--E9 
Jaaaaf'y-1T-6991T 
B. 
A certified public 
accountancy 
firm 
that 
does 
not 
provide a defined 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 a 
defined service other than compilations. 
A certified public 
accountancy 
firm 
that 
subsequently 
provides 
a 
defined 
service other than compilations must undergo a peer reVlew 
within 18 months after the fiscal year end of the first 
• 
• 
defined services engagement other than compilations that it 
accepts. 
Sli9SeEjlieRI;--pee~--~-e¥-i-ews--~-e---qG-¥e-F-ae4--9l"--I;He 
pFevisieRs-eE-paFa~FapH-AT 
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 II-A 2-A. 
PART E 
Sec. E-l. 32 MRSA §14701, sub-§4, as enacted by PL 2001, c. 
324, §12, is amended to read: 
4. 
Merchandise. 
"Merchandise" includes any objects, wares, 
goods, 
promises, 
commodities, 
intangibles, 
services 
or 
other 
things 
of 
value but 
does 
not 
include 
food 
or 
technical 
or 
vocational 
schools 
located 
outside 
of 
the 
State 
that 
are 
registered pursuant to Title 20-A, section 9501. 
"Merchandise" 
does not include securities that are registered or exempt from 
registration 
pursuant 
to 
chapter 
105, 
the 
Revised 
Maine 
Securities 
Act 
and 
rules 
adopted 
pursuant 
to 
that 
Act 
or 
insurance products that are regulated under Title 24-A. 
PARTF 
Sec. F-l. 32 MRSA §14805, sub-§2, as enacted by PL 1995, c. 
389, §4, is amended to read: 
2. 
Inspection. 
State propane and natural gas inspectors, 
upon written complaint or whenever they consider it necessary for 
purposes of examination, may enter into and upon and inspect all 
buildings, 
dispensing 
stations 
and 
premises 
within 
their 
jurisdiction at all reasonable hours. 
They may enter a buildingL 
dispensing station or other premises within their jurisdiction 
only with the permission of the person having control of the 
building, dispensing station or other premises or, after hearing, 
upon order of court. 
If an inspector finds 
any propane or 
natural gas installation that does not comply with this Act, the 
inspector 
shall 
order 
that 
the 
installation 
be 
removed 
or 
remedied, and that order must be complied with immediately by the 
owner or occupant of the building, dispensing station or other 
premises 
eF--9liilQiR~ or by the installer of the propane or 
natural gas equipment in violation. 
If the inspector finds any 
propane or natural gas installation in any building, dispensing 
station 
or 
structure 
on 
premises 
within 
the 
inspector's 
jurisdiction that creates a danger to other property or to the 
public, 
the 
inspector 
may 
forbid 
the 
use 
of 
the 
building L 
dispensing 
station 
or 
structure 
on 
premises 
within 
the 
inspector's jurisdiction by serving a 
written order 
upon the 
owner and the occupant, if any, to vacate wi thin a reasonable 
period of time to be stated in the order. 
SUMMARY 
The 
bill 
proposes 
statutory 
changes 
in 
laws 
regarding 
occupational 
licensing 
standards, 
electrician 
licensing, 
veterinary 
medicine, 
accountancy 
practice, 
transient 
seller 
registration and the jurisdiction of state propane inspectors 
over dispensing stations. 
Part A expands 
the list of licensing entities that 
consider an applicant's prior criminal conviction history in 
professional licensing process. 
may 
the 
Part B removes an inaccurate and unnecessary reference to 
the definition of "household." 
Part C simplifies references to the Maine Revised Statutes, 
Title 
l7-A 
in 
the 
Maine 
Veterinary 
Medicine 
Practice 
Act; 
references to Title l7-A provisions setting forth grounds for 
disciplinary action are replaced with narrative descriptions of 
those provisions. 
Part D removes 
unnecessary transition language 
from 
the 
statute regulating accountancy practice. 
Language is added to 
authorize the Board of Accountancy to recognize an applicant's 
work completed under the supervision of a licensed professional 
of another country as satisfying the required work experience to 
obtain a certified public accountant license. 
Part 
E 
amends 
the 
definition 
of 
"merchandise" 
in 
the 
transient seller registration laws to exclude insurance products 
from the definition because the insurance industry is already 
regulated by the Bureau of Insurance. 
Part 
F clarifies the 
jurisdiction of state propane 
and 
natural gas inspectors.