An Act To Waive Continuing Education Requirements and To Provide an Automatic Extension of a License, Certificate or Registration for Mobilized Military Members
Maine Legislature, Session 122, LD 0685
Committee: Legal and Veterans Affairs
Sponsors: BROMLEY, SMITH, DAVIS, GAGNON, AUSTIN, BERUBE, FISHER, HOTHAM, PATRICK, TUTTLE
Amends: 10 MRSA §8003, 8 MRSA §390-A

Legislative Document 
No. 685 
S.P.221 
In Senate, February 8, 2005 
An Act To Waive Continuing Education Requirements and To 
Provide an Automatic Extension of a License, Certificate or 
Registration for Mobilized Military Members 
Submitted by the Department of Defense, Veterans and Emergency Management pursuant 
to Joint Rule 204. 
Reference to the Committee on Legal and Veterans Affairs suggested and ordered printed. 
Presented by Senator BROMLEY of Cumberland. 
Cosponsored by Representative SMITH of Monmouth and 
JOY J. O'BRIEN 
Secretary of the Senate 
Senators: DAVIS of Piscataquis, GAGNON of Kennebec, Representatives: AUSTIN of Gray, 
BERUBE of Lisbon, FISHER of Brewer, HOTHAM of Dixfield, PATRICK of Rumford, 
TUTTLE of Sanford. 
<7 
PrinI<:d on ra:yclcd paper 
Be it enacted by the People of the State of Maine as follows: 
204, 
Sec. 1. 10 MRSA §8003, sub-§5, 'C, as amended by PL 2003, c. 
Pt. B, §1, 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) 
Re~QiFe Except as provided in Title 37-B, section 
390-A, 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 
finds a licensee or registrant to 
with a bureau, office, board or 
consent agreement; 
be in noncompliance 
commission order or 
(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 
Page l-LR0621(1) 
'. 
• 
• 
to review and 
pursuant 
to 
rule. 
Rules 
are 
routine 
chapter 375, 
(5) 
Delegate to staff the authority 
approve 
applications 
for 
licensure 
procedures 
and criteria established by 
developed pursuant to this subparagraph 
technical rules as described in Title 5, 
subchapter 2-A. 
Sec. 2. 37-8 MRSA §390-A is enacted to read: 
§390-A. 
Waiver of continuing education requirements; eztension 
of license. certificate or registration 
1. 
~~tio~s. 
As 
used 
in this 
section, 
unless 
the 
context otherwise indicates, "active duty for a period of more 
than 30 days" has the same meaning as in 10 United States Code, 
Section 101(d)(2). 
2. 
Waiver 
of 
cQn~iA'liJlg 
education 
r~~ntfh 
Notwithstanding any other prov1s1on of law, 
a person whQ is a 
member of the National Guard or the Reserves of the United States 
Armed Forces under an order to active duty for a period of more 
than 30 days and who was licensed, registered or certified to 
engage in a 
profession or occupation prior to entering into 
active duty for a period of more than 30 days may not be required 
to 
complete 
the 
continuing 
education 
requirements 
for 
that 
profession or 
occupation 
fo~y licensing, 
regis.tration or 
certification period during that period of active duty and for 6 
months after that person is released from active duty. 
3. 
Automatic 
eztension 
of 
license. 
certificate 
or 
Legistration. 
Notwithstanding 
any other provision of 
law, 
a 
person who is a member of the National Guard or the Reserves of 
the United States Armed Forces under an order to active duty for 
a period of more than 30 days and who was licensed, certified or 
registered to engage in a profession or occupation prior to being 
called to active duty for a period of more than 30 days and whose 
license, certificate or registration expires during that period 
of 
active 
duty 
must 
have 
that 
license, 
certificate 
or 
registration automatically extended for the period of active duty 
and for 6 months after that person has been released from active 
~ 
4. 
Limited application. 
This section applies only if the 
member's service is in support of: 
A. 
An operational mission for which members of the Reserves 
of the United States Armed Forces have been ordered to 
active duty without their consent; or 
B. 
Forces activated during a period of war declared by the 
United States Congress or a period of national emergency 
declared by the President of the United States or the United 
States Congress. 
SUMMARY 
This 
bill 
provides 
a 
waiver 
of 
continuing 
education 
requirements for licenses, certifications and registrations of 
mobilized members of the military during a mobilization period 
and 
for 
months 
thereafter. 
It 
also 
extends 
licenses, 
certificates and registrations to 
engage in 
a 
profession or 
occupation for mobilized military members during a mobilization 
period plus 6 months.